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CONSTITUTIONAL LAW 2 iii) Abakada Guro Partylist et al v.

Ermita et al


FUNDAMENTAL POWERS OF THE STATE - Provisions are generally self-executing

1) Three Inherent Powers of the State -Any governmental action in violation of the Bill of Rights is void.
a) Similarities
b) Distinctions Civil Rights Political Rights
c) Limitations  Rights appertaining (belong or  Refers to the right to
2) Police Power connected to) to a person by participate, directly or
virtue of his citizenship in a indirectly, in the establishment
a) Definition
state or community or administration of
b) Requisites of Valid Exercise government
 Not connected with the
c) Scope and General Characteristics organization or administration  Connected with the
d) Limitations of the government organization or administration
e) Test to determine the Validity of Police Power  Rights capable of being enforced of the government.
f) Cases: or redressed in a civil action
i) Ortigas and Co v. CA  EXAMPLE: Rights to property,  EXAMPLE: Right to suffrage,
ii) Lucena Grand Central Terminal v. JAC Liner marriage, equal protection of right to hold public office, right
iii) City of Manila v. Judge Laguio laws, freedom of contract, etc. to petition, and the rights
iv) Carlos Superdrug Corp. v. DSWD et al appurtenant (accessory) to
v) Social Justice Society v. Alfredo Lim citizenship vis-à-vis (in relation
3) Power of Eminent Domain to) the management of
a) Definition government
b) Who may exercise
c) Requsites for Valid Exercise  Definition:
d) Cases:  Series of prescriptions setting forth the fundamental civil
i) Manila Memorial Park v. Secretary, DSWD and political rights of the individual and imposing
ii) Sps. Cabahug v. National Power Corporation limitations on the powers of government as a means of
iii) Landbank of the Philippines v. Escarilla and Co. securing the enjoyment of those rights.
iv) Reyes v. National Housing Authority  Charter of liberties for the individual and a limitation
4) Power of Taxation upon the power of the State.
a) Definition  A declaration and enumeration of the person’s rights and
b) Who may exercise privileges which the Constitution is designed to protect against
c) Requisites for Valid Exercise violations by the government, or by an individual, or group of
d) Limitation individuals.
e) Double Taxation  Charter not only of rights and liberties that citizens of a
f) Tax Exemption democratic or republican State enjoy but also of the limitations
g) License Fee v. Tax upon the power of the State.
h) Cases:  Purpose:
i) Gerochi v. Department of Energy  Designed to preserve the ideals of liberty, equality, and
ii) City of Government of Quezon City, et. al. v. Bayan security ‘against the assaults of opportunism, the expediency
Telecommunications Inc (fitness, suitability) of the passing hour, the erosion of small
encroachments, and the scorn and derision of those who have the Constitution itself and also if it is done after its compliance
no patience in the general principles.’ with fair and reasonable methods of procedure prescribed by
 Against the power and authority of the government law.
 Serves as the leverage and a countervailing shield which the ii) Coverage of Protection
people can have against any form of injustice. -Natural persons are covered and protected by the due process
clause while artificial persons are protected and covered only
1) Due Process and Equal Protection of Law insofar as their property is concerned  REASON: the life and
liberty of natural persons are NOT derived from NOR from any act
“No person shall be deprived of life, liberty, or property without due process of of Congress while artificial persons come into being by creation
law, nor shall any person be denied the equal protection of the laws.” and operation of law, and as such they are subject to the rules and
Art. III, Sec. 1 restrictions of the legislature.
a) Due Process
conform to due process is ‘fair play’, respect for ‘justice’, and respect PROTECTION (Insert what constitutes deprivation)
for the ‘better rights of others.’
-There are some cases that due process is not observed and also the (1) Persons
right to be notified (provided that it will not be resulted to injustice) (a) Embraces all persons within the territorial jurisdiction
-Right to appeal is not part of due process  it is not a natural right of the Philippines, regardless of any difference in religion,
(There will be a violation of due process if in violating the right to race, color, nationality, including aliens.
appeal, a law is violated). (b) Private corporations are persons within the scope of
i) Definition guarantee in so far as their property is concerned.
(1) There’s no exact definition of due process; it is elastic, (c) Municipal corporations (a legal term for a local governing
flexible, and beyond quantification and definition  the due body like cities, towns, villages, etc.) are NOT included as
process clause can adopt itself in various contingencies and they are mere creatures of the State.
situations. Depends on the discretion of the Court. (2) Life
(2) “A law which hears before it condemns, which proceeds upon (a) The prohibition against its deprivation without due
inquiry, and renders judgment only after trial.” (Darmoth v. process extends to all limbs and faculties by which life
Wordward) is enjoyed.
(3) “Due process of law not necessarily mean a judicial proceeding (3) Liberty
in the regular courts. The guarantee of due process, viewed (a) Not just merely the freedom from physical restraint (e.g.
in its procedural aspect, requires no particular form of imprisonment). It embraces the right of man to use his
procedure. It implies due notice to the individual of the faculties with which he has been endowed by his
proceedings, an opportunity to defend himself, and the Creator subject only to the limitation that he does not
problem of the propriety of the deprivation, under the violate the law or the rights of others.
circumstances presented, must be resolved in the manner (b) The very enjoyment of rights necessarily imposes the
consistent with essential fairness. It means essentially a fair observance of duties.
and impartial trial and reasonable opportunity for the (4) Property
preparation of the defense.” (Aquino, Jr v. Military (a) Has reference more to the rights over the thing.
Commission) (b) It includes the right to own, use, transmit, and even to
(4) The deprivation is said to be done in accordance with due destroy, subject to the right of the State and of other
process clause if it is done according to a valid law that is not persons.
contrary to the Constitution or according to the provisions of iii) Purpose of Due Process
(1) A guarantee against any kind of abuse and arbitrariness, by -what is required: notice (so that you will be informed and
anyone in any of the branches of government. prepared the defense) and opportunity to be heard (chance
(2) To prevent undue encroachment against the life, liberty, and to hear the person’s side).
property of individuals. -Limitation or regulation on the part of the Courts (Judicial and
(3) To secure the individual from the arbitrary exercise of powers Quasi-judicial Bodies).
of government, unrestrained by the established principles of -Right to confront the witness (to verify and test the
private rights (a right that a private citizen can vindicate in credibility)  part of due process.
court) and distributive justice (perceived fairness of how - CONCERN: Whether or not the said deprivation is being done
rewards and costs are shared by group members). in accordance with the procedures laid down by law.
(4) To protest property from confiscation by legislative (a) Definition
enactments from seizure, forfeiture, and destruction without a (i) A guarantee to obtain a fair trial in court of justice
trial and conviction by ordinary modes of judicial procedures. according to the mode of proceeding applicable to
iv) Requirements of Due Process (Both substantive and procedural each case. (Including administrative boards, bodies, or
due process) tribunals.
(1) Substantive Due Process (ii) Refers to the regular methods of procedure to be
-regulates rights of law of the State; regulates the act of observed before one’s life, liberty, or property can be
Congress taken away from him.
- CONCERN: Whether or not life, liberty, or property is taken (b) Requisites:
away without due process of law. (i) An impartial court or tribunal clothed with judicial
(a) Definition power to hear and determine the matter before it.
(i) A guarantee that life, liberty and property shall not be (ii) Jurisdiction must be lawfully acquired over the person
taken away from anyone without due process of law. of the defendant and over the property which is the
(ii) requires that the law itself, not merely the procedures subject matter of the proceeding.
by which the law must be enforced, is fair, reasonable, (iii) The defendant must be given an opportunity to be
and just (the law itself is just, reasonable, and fair) heard
(b) Requisites (iv) Judgment must be rendered upon lawful hearing
(i) The interest of the public require the intervention of (c) Two Aspects of Procedural Due Process
the state (i) Procedural Due Process in Judicial Proceedings
(ii) The means employed are reasonably necessary for the -As laid down in Banco Filipino v. Palanca:
accomplishment of the purpose, and not unduly 1. There must be an impartial court or tribunal
oppressive on individuals. clothed with judicial power to hear and determine
the matter before it.
-Whether or not the law is a proper exercise of legislative 2. Jurisdiction must be lawfully acquired over the
powers: person of the defendant and over the property
1. There must be a valid law upon which it is based. which is the subject matter of the proceeding.
2. The law must have been passed or approved to 3. The defendant must be given an opportunity to be
accomplish a valid governmental objective. heard
3. The objective must be pursued in a lawful 4. Judgment must be rendered upon lawful hearing.
manner (ii) Procedural Process in Administrative Proceedings
4. The law as well as the means to accomplish the - As laid down in Ang Tibay v. Court of Industrial
objective must be valid and not oppressive. Relations:
(2) Procedural Due Process
1. The right to a hearing , which includes the right to (c) A litigant may challenge a statute on its face only if it is
present one’s case and submit evidence in support vague in all its possible applications.
thereof; (d) VAGUENESS - it cannot be clarified either by a saving
2. The tribunal must consider the evidence clause, or by a construction, or that it lacks
presented comprehensible standards that men of ‘common
3. The decision must have something to support intelligence must necessarily guess as to its meaning and
itself differ as to its application’ (People v. Nazario)
4. The evidence must be substantial (2) Case: Estrada v. Sandiganbayan (Insert Case Digest)
5. The decision must be rendered on the evidence (3) Case: James Imbong v. Hon. Paquito Ochoa (Insert Case Digest)
presented at the hearing, or at least contained in viii) Over breadth Doctrine
the record and disclosed to the parties affected - Too general and too broad to understand
6. The tribunal or body or any of its judges must act (1) Definition
on its or his own independent consideration of the (a) A principle of judicial review that a law is invalid if it
law and facts of the controversy and not simply punishes constitutionally protected speech or conduct that
accept the views of a subordinate in arriving at a the government may limit to further a compelling
decision. government interest.
7. The board or body should, in all controversial (b) Permits a party to challenge the validity of the statute even
questions, render its decision in such a manner though, as applied to him, it is not unconstitutional, but it
that the parties to the proceeding can know the might be if applied to others not before the Court whose
various issues involved, and the reason for the activities are constitutionally protected. Invalidation of a
decision rendered. statute “on its face” rather than “as applied”, is permitted
v) Requirements of Due Process in Administrative Proceedings in the interest of preventing a “chilling effect” on freedom
(1) Case: Tomas Velasquez et al v. Helen Hernandez (Insert case of expression. (Justice Mendoza’s concurring opinion in
digest) Cruz v. DENR)
vi) Common Requirement of Procedural Due Process in Judicial or (c) A facial challenge to a legislative act is the most difficult
Administrative Proceedings challenge to mount successfully since the challenge must
-For as long therefore as the defendant, or anyone similarly situated, establish that no set of circumstances exists under
is given a notice and an opportunity to be heard, he cannot later on which the act would be valid.
complain that he was declared in default or that the decision has (d) It is an analytical tool developed for testing on their face
been rendered against him in his absence, for he has already been statutes in free speech cases, not for testing the validity of
notified and given the opportunity to be heard. a law that reflects legitimate state interest in maintaining
(1) Notice comprehensive control over harmful, constitutionally
(2) Opportunity to be heard unprotected conduct.
vii) Void for Vagueness Doctrine (2) Case: Quinto v. Comelec (2009) - Appointive and Elective are
-Utterly vague. It cannot be saved by the saving clause or any different (Insert Case digest)
application to aid the interpretation of the provisions of the law. (3) Case: Quinto v. Comelec (2010) (Insert case digest)
(1) Definition: ix) Operative Fact Doctrine
(a) A law is facially invalid if men of common intelligence must -To prevent prejudicing the persons involved and received the
necessarily guess at its meaning and differ as to its valid legal effects.
application (1) Definition:
(b) An analytical tool for testing “on their faces” statutes in (a) General Rule: The nullification of an unconstitutional law
free speech cases. (?) or act carries with it the illegality of its effects.
(b) Exception: In cases where the nullification of its effects will (5) All persons or things similarly situated should be treated alike,
result in inequity and injustice, the operative fact doctrine both as to rights conferred and responsibilities imposed.
may apply, and the effects of the unconstitutional act will (6) Natural and Artificial Persons are entitled to this guarantee;
have to be recognized. but with respect to Artificial persons, they enjoy the protection
(2) Case: Belgica et al v. Ochoa Jr - PDAF (Insert case digests) only insofar as their property is concerned.
- Although the PDAF was declared unconstitutional, the funds ii) Scope of Equality (Check other book-Villareal)
given to legitimate and valid NGOs will still be recognized and (1) Economic
legal effects still valid. (a) Free access to courts [Sec 11, Art III]
x) Due Process Cases: (Insert case digests) (b) Marine wealth reserved for Filipino citizens [Sec 2(2), Art
(a) Republic v. Sandiganbayan XII]
(b) GSIS v. Montesclaros - deprived from due process and (c) Congress may reserve certain areas of investment [Sec 10,
equal protection clause (widowed who married again -3 Art XII]
years and widowed married again - less than 3 years) (d) Reduction of social, political, and economic inequalities
(c) Lim v. CA [Sec 1-3, Art XIII]
(d) Government of the United States of America v. Judge (2) Political
Puruganan * (Extradition case is different from criminal (a) Free access to courts [Sec 11, Art III]
case) (b) Bona fide candidates being free from harassment or
(e) Senator Jinggoy Estrada v. Office of the Ombudsman discrimination [Sec 10, Art IX-C]
(Copy of complaint and witnesses only but not the affidavit (c) Reduction of social, political and economic inequalities
of the correspondence) - Due process not denied. [Sec 1-3, Art XIII]
(f) Yrasuegui v. PAL (overweight flight attendant - continuing (3) Social
qualification to get a job-threat to public safety) (a) “The Congress shall give highest priority to the enactment
(g) Secretary of Justice v. Lantion of measures that protect and enhance the right of all the
(h) Republic v. Cagandahan (Change in name and gender in people to human dignity, reduce social, economic, and
birth certificate is granted by the court because the political inequalities, and remove cultural inequalities by
petitioner’s body change is natural or by nature) equitably diffusing wealth and political power for the
(i) Silverio v. Republic (We cannot change gender in birth common good…To this end, the State shall regulate the
certificate by sex reassignment) acquisition, ownership, use, and disposition of property
b) Equal Protection of Law and its increments.” [Sec 1, Art XIII]
i) Definition iii) Valid Classification - Requisites
(1) Signifies that ‘all persons subject to legislation should be (1) Persons or things ostensibly (in outward appearance) similarly
treated alike, under like circumstances and conditions both in situated may, nonetheless, be treated differently if there is a
the privileges conferred and liabilities imposed.’ basis for valid classification.
(2) The guarantee does not require that persons or things different (2) Requisites: (Insert definitions Nachura)
in fact be treated in law as though they were the same. (a) Substantial distinctions which make for real differences
(3) EXAMPLE: There would be injustice if different net incomes (b) Germane (closely similar) to the purpose of the law
(Php 100,000 and Php 10,000) will be taxed with the same (c) Not limited to existing conditions only
amount. (d) Must apply equally to all members of the same class
(4) It prohibits CLASS LEGISLATION, which discriminates against iv) Cases:
some and favors others when both are similarly situated or (1) Mirasol v. DPWH
circumstanced. (2) Jose Jesus Disini v. Secretary of Justice
(3) Jesus Garcia v. Hon. Ray Alan Drilon
(4) Philippine Judges Association v. Prado  Every contract affecting public welfare is presumed to include the
(5) Chavez v. PCGG provisions of existing laws and reservation of the police power.
(6) Himagan v. People of the Philippines, et al *  The police power prevail over contracts
v) Doctrine of Relative Constitutionality or Principle of Altered  The power of eminent domain and power of taxation CAN VALIDLY
Circumstances IMPAIR contracts.
(1) Definition  Licenses, on the other hand, must also yield to police power of the
(a) The constitutionality of a statute cannot, in every instance, State.
be determined by a mere comparison of its provisions  License is a franchise or privilege given by the State and when
with applicable provisions of the Constitution, since the the national interest so requires, may be withdrawn or
statute may be constitutionally valid as applied to one set relinquished.
of facts and invalid in its application to another. a) Laws that are considered an impairment of a contract
(b) A statute valid at one time may become void at another i) Statute
time because of altered circumstances. Thus, if a statute ii) Ordinance
in its practical operation becomes arbitrary or iii) Any legislative act
confiscatory, its validity, even though affirmed by a iv) Exception (those NOT included in the scope of guarantee):
former adjudication, is open to inquiry and (1) Administrative order
investigation in the light of changed conditions. (2) Court Decisions
(2) Case: Central Bank Employees Association Inc v. BSP * b) Case: Batangas CATV, Inc. v. CA, et al (12 pages)

2) Non-Impairment of Contracts 3) Freedom of Expression, Press, Association and Assembly

“No law impairing the obligation of contracts shall be passed.” “No law shall be passed abridging the freedom of speech, of expression, or of
Article III, Section 10 the press, or the right of the people peaceably to assemble and petition for the
redress of grievances.”
o Seeks to restrain the substantial legislative impairment of, or Article III, Section 4
infringement of obligations under a contract.
o Guarantees against undue interference by the government o Freedom of expression is accorded the highest protection in the Bill of
o As a rule: As long as the contract is VALID, it is a law between the Rights since it is indispensable to the preservation of liberty and
parties and this contract must prevail and be respected by the democracy.
government. o Four Aspects of Freedom of Expression (SEPA)
o The impairment caused must be SUBSTANTIAL AND MUST BE BASED  Freedom of Speech;
ON LAW in which it diminishes the value of a contract.  Freedom of Expression;
 When the law changes the terms of a legal contract between  Freedom of the Press; and
parties, either in the time or mode of performance;  Freedom of Assembly.
 Imposes new conditions; o The freedom of expression is NOT absolute.
 Dispenses with those expressed; or o Freedom of Assembly
 Authorizes for its satisfaction something different from that  Refers to the right to hold a rally to voice out the grievances against
provided in its terms. the government.
o Limitations:  It must be exercised in such a way that will not prejudice the public
 All private rights and interest in contracts must yield to the welfare.
common good.  Reinforced by BP 880 (Public Assembly Acts of 1985) -
requirements and procedure for holding rallies
 Implements the observance of ‘ maximum tolerance’ towards the (c) The emphasis is on the nature of the circumstances
participants of the rally (consistent with the Clear and Present under which the speech is uttered.
Danger Test) (d) The speech need NOT be dangerous per se.
 General rule: Freedom of assembly is NOT subject to prior (2) Balancing of Interest
restraint or prior issuance of permit by government authorities. (a) When there is a conflict between a regulation and the
 Permit is required for the USE OF PUBLIC PLACE and NOT as a freedom of speech, the Court shall determine which of the
requirement for the VALIDITY of the assembly or rally two demands greater protection.
 Exception: NO permit is needed if the rally is to be held in a private (3) Clear and Present Danger Rule
place, in a campus of a state college or university, or in a freedom (a) Something imminent.
park. PROVIDED, that they coordinate with the police. (b) A question of proximity and degree
(c) The danger must not only be clear and present but also
a) Freedom of Expression/Speech traceable to the ideas expressed.
i) Meaning of Freedom of Speech and of the Press (d) Whether the words are used in such circumstances and are
(1) Otherwise known as the Freedom of Expression of such nature as to create a clear and present danger that
(2) Implies the right to freely utter and publish whatever one will bring about the substantive evils that Congress has a
pleases without previous restraint, and to be protected against right to prevent.
any responsibility for so doing as long as it does not violate the (e) Adopted by the SC and most applied to cases involving
law, or injure someone’s character, reputation or business. freedom of expression.
(3) Includes the right to circulate what is published. b) Freedom of the Press
(4) The whole statement must be taken in its whole context and i) For dissemination of information.
the circumstances surrounding it. ii) Covers every sort of publications like newspapers, periodicals,
ii) What are included in Freedom of Expression magazines, books, leaflets, etc.
(1) Free speech iii) Radio and Television as instruments of mass communication may
(2) Free press also be included within this term.
(3) Right to assemble and petition iv) Four Aspects of the Freedom of the Press
(4) Right to form associations or societies not contrary to law (1) Freedom from prior restraint
(5) Right to religious freedom (a) Freedom from censorship or governmental screening of
iii) What is included in “speech” and “expression” what is politically, morally, socially, and artistically correct.
(1) Covers any form of oral utterances such as protest as (b) Persons and media are freed from the total suppression or
expression of opinion about subjects of public concern, restriction by the government of what could be
picketing, display of flag, and expression by means of motion disseminated;
picture. (c) Prevents the government from being the subjective arbiter
(2) Case: Ayer Productions v. Capulong and Ponce Enrile of what is acceptable and not.
(17 pages) Freedom of expression v. Right to privacy (d) Prior Restraint are ALLOWED in the following instances:
(3) Case: McElroy v. Capulong (8 pages) (i) Undue utterances in time of war;
iv) Three Tests on Restrictions to Free Speech (ii) Actual obstruction or unauthorized dissemination of
(1) Dangerous Tendency Doctrine military information;
(a) Whether the speech restrained has a rational tendency to (iii) Obscene publication; and
create the danger apprehended, be it far or remote, thus (iv) Inciting rebellion
government restriction would then be allowed. (e) Two kinds of Restriction to the Freedom of Speech:
(b) Mere tendency towards evil is sufficient. It does not matter (i) Content-based Restriction
whether the evil is actually created or not. 1. Restriction is directed to the speech itself
(ii) Content-neutral Restriction (i) The information sought is of “public interest” or
1. The restriction is directed to the incidents of “public concern”; and
speech (such as time, place, or manner), and not to (ii) It is NOT exempted by law from the operation of the
the speech itself. constitutional guarantee.
(f) Case: Francisco Chavez v. Raul Gonzales et al (8 pages) (b) To determine what constitutes a public concern, it is for
- Hello Garci Tape - try to control the dissemination of the the Courts to determine on a case to case basis whether
information. the matter at issue is of interest or importance, as it relates
- It is a violation of the Freedom of Speech and press. You to or affects the public.
cannot curtail because it is of public interest. (c) The right embraces ALL public records; it is limited only to
citizens but is without prejudice to the right of aliens to
(2) Freedom from subsequent punishment have access to records of cases where they are litigants;
(a) Assurance that citizens can speak and express their and its exercise is subject to such limitations as may be
opinions without fear of retaliation by the government. provided by law.
(b) The State can VALIDLY impose subsequent punishment (d) It is NOT an absolute right
under the following instances: (e) The right to information does NOT extend to the following:
(i) Libel (even if it is real or imaginary, it is still libelous; (i) Matters recognized as a privileged information under
depends on the manner; can have any form like the separation of powers;
publication in newspaper, magazine, etc.; oral (ii) Information affecting national security, military and
defamation) diplomatic secrets. It also includes intergovernmental
(ii) Obscenity exchanges prior to consultation of treaties and
(iii) Criticism of Official conduct made with actual malice executive agreement as may reasonably protect the
(iv) School articles which materially disrupt class work or national interest;
involves substantial disorder or invasion of the rights (iii) Matters relating to investigation, apprehension, and
of others. detention of criminals which the court may not inquire
(3) Freedom of Access to Information into prior to arrest, prosecution, and detention;
(iv) Trade and industrial secrets and other banking
“The right of the people to information on matters of public transactions as protected by the Intellectual Property
concern shall be recognized. Access to official records, and to Code and the Secrecy of the Bank Deposits Act.
documents, and papers pertaining to official acts, (f) Case: Legaspi v. CSC (4 pages)
transactions, or decisions, as well as to government research -Kailangan ang mga trabahador civil service eligible.
data used as a basis for the policy development, shall be Dapat qualified and eligible.
afforded the citizen, subject to such limitations as may be
provided by law.” (4) Freedom of Circulation
Article III, Section 7 (a) Case: Burgos Sr v. Chief of Staff (6 pages)
- Search warrant. Directed the closure of the publication.
“Subject to reasonable conditions prescribed by law, the - Freedom of the press
State adopts and implements a policy of full disclosure of all (b) Case: Mutuc v. Comelec (4 pages)
its transactions involving public interest.” - Pinagbawal ang mga jingle
Article II, Section 28 - Jingle is not considered tangible.
(c) Case: New York Times v. US (17 pages)
(a) The following requisites must concur to properly invoke
the right to information:
c) Right of Assembly
 Includes Right of Assembly and the Right of Petition i) Case: Primicias v. Fugoso
- Right of Assembly means right on the part of the - If the assembly is to be held in a public place, a permit for
citizens to meet peaceably for consultation in respect the use of such place, and not for the assembly itself, may be
to public affairs; validly required. But the power of local officials in this
- Right of Petition means the right of any person or regard is merely one of regulation, not prohibition.
group of persons to apply, without fear of penalty, to ii) Case: Reyes v. Bagatsing
the appropriate branch or office of the government for - The denial of a permit (to hold a public rally) was invalid as
the redress of grievances. there was no showing of the probability of a clear and
 Freedom of Assembly refers to the right to hold a rally to voice present danger of an evil that might arise as a result of the
out grievances against the government. meeting. The burden of such eventuality rests on the Mayor.
 BP 880, Public Assembly Acts of 1985 - provides iii) Case: Bayan Karapatan, Kilusang Magbubukid ng Pilipinas (KMP) v.
requirements and procedure for holding rallies such as Eduardo Ermita et al
‘Maximum tolerance’ consistent with the clear and present - BP 880 is constitutional. The law is not an absolute ban on
danger test. public assemblies but a restriction that simply regulates the
- Permit is required in holding rally but the permit is time, place, and manner of the assemblies.
not a requirement for the validity of the assembly but d) Right of Association
rather for the use of the public place. The rally must
be exercised in a way that will NOT prejudice public “The right of the people, including those employed in the public and
welfare. private sectors, to form unions, associations, or societies for purposes not
- If the application for the permit is NOT acted upon by contrary to law shall not be abridged.”
Mayor within two working days, the same is deemed Section 8, Article III
- A rally to be held in a private place, or in a campus of - The right of association may be exercised by the employed or the
state university/college, or in Freedom Park, a permit unemployed and by those employed in the government or private
is NOT required but ONLY coordination with the sector.
- Political rally or assembly during election period is - The right of civil servants to unionize:
regulated by the Omnibus Election Code NOT by BP
880. “The right to self-organization shall not be denied to government
 As a general rule, freedom of assembly is NOT subject to prior employees.”
restraint or prior issuance of permit by government authorities Section 2(5), Article IX-B
or freedom from subsequent punishment.
- Exception: It may be restrained or interfered with - The right of labor in general to unionize:
when there is a clear and present danger of a
substantive evil that the State or government has a “The State shall guarantee the rights of all workers to self-
right to prevent under police power. organization, collective bargaining and negotiations, and peaceful
 The substantive evil must be extremely concerted activities, including the right to strike in accordance with
serious and the degree of imminence law.”
extremely high before utterances can be Section 3, Article XIII
punished and must also be traceable to the
ideas expressed.
- The right to form associations or to self-organization does NOT annotation to the effect that the lot owner becomes an
include the right to strike. automatic member of the Bel-Air Association and must
- The conduct of the right to strike of the Government workers abide by such rules and regulations laid down by the
depends on terms and conditions of the law (Circulars, rules and Association in the interest of the sanitation, security,
regulations issued by the Civil Service Commission). Hence, and the general welfare of the community pursuant to
Government workers shall not strike for purposes of securing Section 39, Article 496 of the Land Registration Act.
- The Court held that the constitutionally guaranteed freedom of 4) Freedom of Religion (PP. 307-320 Suarez)
association includes the FREEDOM NOT TO ASSOCIATE. The right
to choose WITH WHOM one will associate oneself is the essence of “No law shall be made respecting an establishment of religion, or prohibiting
this freedom. (Sta. Clara Homeowners’ Association v. Gaston) the free exercise thereof. The free exercise and enjoyment of religious
 The right to association does NOT include the right to profession and worship, without discrimination or preference, shall forever be
compel others to form or join one. allowed. No religious test shall be required for the exercise of civil and
- If the Transfer Certificate of Title has the annotation showing political rights.”
automatic membership to an association, the one who purchased Section 5, Article III
the parcel of land covered by the said certificate which is issued in
the name of that person will become an automatic member of a) Definition of Religion
the association. - Refers to one’s views of his relation to his Creator, and to the
- Section 39 of Article 496 of the Land Registration Act provides: obligations they may impose of reverence to His being and
character and of obedience to His will.
“Every person receiving a certificate of title in pursuance of a decree - Religion is a fundamental set of beliefs and practices generally
of registration, and every subsequent purchaser of registered land agreed upon by a group of people. These set of beliefs concern the
who takes a certificate of title for value in good faith shall hold the cause, nature, and purpose of the universe, and involve devotional
same free of all encumbrances except those noted on said and ritual observances. They also often contain a moral code
certificate.” governing the conduct of human affairs.
b) Three Principal Parts of Art III, Sec 5
i) The right of government employees to form unions and the right to i) Non-establishment Clause
strike - Prohibits the State from establishing an official religion.
(1) Case: Alliance of Government Workers v. Minister of Labor and - It discourages excessive government involvement with
Employment religion and discourages manifest support to any one
(2) Case: GSIS v. Kapisanan ng mga Manggagawa sa GSIS religious denomination.
- The Court emphasized that employees in the public - Rooted in the principle of the Separation of Church and the
service may NOT engage in strikes or in concerted and State.
unauthorized stoppage of work; that the right of - The State must minimize its interference with the affairs of
government employees to organize is limited to the its citizens and instead allow them to exercise reasonable
formation of unions or associations, without including freedom of personal and religious activity. (Islamic Da’wah
the right to strike. Council v. Executive Secretary)
- The non-establishment calls for is government neutrality in
(3) Case: Bel Air Village Association v. Dionisio religious matters. Government reliance on religious
- The SC ruled that there is NO dispute that the Transfer justification is inconsistent with this policy of neutrality.
Certificate of Title covering the subject parcel of land - The government must act for secular purposes and in ways
issued in the name of the respondent contains an that have primarily secular effects.
- The government prohibits this conduct because it is - The expression of civil and political rights is understood to
detrimental to those conditions upon which depend the include the individual rights safeguarded by the Constitution
existence and progress of human society and NOT because and Statutory laws.
the conduct is prohibited by the beliefs of one religion or the - Purpose: State is prohibited to accord preference to a religious
other. (Ang Ladlad v. Comelec) organization by virtue of the doctrine of separation from the
- The Court ruled that only the prevention of an immediate Church.
and grave danger to the security and welfare of the c) Two Aspects of Freedom of Religion
community can justify the infringement of religious freedom i) Freedom to believe
(Islamic Da’wah Council v. Executive Secretary) - Every person has the absolute right to believe (or not to
- The Non-establishment Clause allows the following: believe) in anything whatsoever without any possible
 Tax exemption on property actually, directly, and external restriction by the government.
exclusively used for religious purposes; - In the realm of the mind.
 Religious instruction in sectarian schools; - It is absolute (Because the State cannot control the minds of
 Religious instruction in public schools (elementary their citizens).
and high school) at the option of the parents or ii) Freedom to act on one’s belief
guardians expressed in writing, within regular class - An overt act or the externalization of the belief.
hours by designated instructors, and without additional - It is limited.
costs to the government; - These overt actions may affect peace, morals, public policy, and
 Financial support given to priest, preacher, minister order. Hence, the government may interfere or regulate
or dignitary assigned to the armed forces, penal such aspect of the right.
institution or government orphanage or leprosarium;
 Government sponsorship of town fiestas which have (1) Case: Gerona v. Secretary of Education
now acquired secular character; - Between the freedom of belief and the exercise of said
 Postage stamps depicting Philippines as the venue of a belief, there is quite a stretch of road to travel. If the
significant religious event to the promotion of the exercise of said religious belief clashes with the
Philippines as a tourist destination even if the benefit to established institutions of society and with the law,
religious sect is incidental only; the exercise of religious belief must give way and
 The expropriation of the birthplace of the founder of yield to the established institutions of society and
INC for the purpose of preserving it as a historical the law. The government steps in and either restrains
landmark taking to account that said religious said exercise or even prosecutes the one exercising it.
organization was founded in the Philippines (satisfying (2) Case: Ebralinag v. The Division Superintendent of Schools of
‘public use’) Cebu
ii) Free exercise Clause (3) Case: Alejandro Estrada v. Soledad Escritor
- Prohibits inquiring the truth of the belief. Determinative Tests
- No law shall be made to prohibit the free exercise of religious
profession and worship.  Lemon Test
iii) Non-religious test Clause  Compelling State Interest Test
- One demanding the avowal or repudiation of certain religious  Clear and Present Danger Test
beliefs before the performance of any act.
- Laws prescribing the qualification of public officials or 5) Liberty of Abode and Travel
employees, whether appointive or elective, or of voters, may 6) Freedom of Information and Right to Privacy
not contain requirements of religious beliefs. 7) Rights against Unreasonable Searches and Searches and Illegal Arrests
8) Writs of Habeas Corpus, Amparo, and Habeas Data
9) Rights of Persons under Custodial Investigation
10) Right to Bail
11) Rights of an Accused