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Philippine Bill of Rights Lecture Notes Incomplete
Philippine Bill of Rights Lecture Notes Incomplete
o Section 2: Where the right of privacy of persons in their homes from searches shall be inviolable
o Section 6: Liberty of abode and right to travel.
Gov’t should not be able to monitor your movements easily
o Section 8: Freedom of associations
Freedom of associations involves the freedom not to associate
o Section 17: The right against self-incrimination
It has an element of privacy where you are free not to testify against yourself.
Privacy is also protected by our laws (i.e. Art. 26 Civ Code, RA 4200, etc.).
No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the
laws.
According to the supreme court a different standard on procedural due process apply.
Procedural due process is determined through [SANDOVAL – ruling used a balancing of
interest approach 2 interests: right to due process & obligation under extradition
treaty]
o the precise nature of government function involved
o the private interest that has been affected by the government action
It must be clarified that Mark Jimenez still has the rights to such documents to prepare
for his defense, but not at the stage of initial evaluation. It is only upon when an
extradition case is filed from the RTC and that he is arrested that he can request such
documents.
o The reason as to why he must be denied access to such documents early on is
based on the assumption that he is a flight risk. Knowing the evidence that the
extraditing authorities have against him may result to an extraditee to flee.
No violation on due process if fundamental fairness is assured. Soft restraints in due
process is allowed.
[Government of Hong Kong vs. Olalia – April 19, 2007] Extradition consists of deprivation to
liberty. Thus, it is bailable. For extradition to apply, what is criminal here must only be criminal in
the country seeking extradition. To be granted, it must be shown through clear and convincing
evidence that the accused is not a flight risk.
Though this is only applicable on a petition of bail in extradition. So, in general, the Mark
Jimenez Cases are still the controlling doctrine due process on extradition.
o Void for Vagueness Doctrine: What should be declared void? The act of government.
It lacks comprehensible standard where men of ordinary intelligence would have to guess its
meaning or differ in its application.
Repugnant to the constitution in 2 respects:
Lacks fair notice of conducts to avoid
Allows law enforcement unbridled discretion to flex its muscles.
[Coates vs City of Cincinatti] An ordinance made it illegal 3 or more people from gathering in the
sidewalk conducting themselves as annoying for people to pass by.
No standard as annoyance is subjective. One act may annoy one and not annoy the
other. Ordinance is therefore vague.
Dave Umeran – Block 1D
Atty. Edwin Sandoval Notes
Law must be vague on its face. So, if there is a saving clause managed to clarify its
vagueness, then it cannot be considered vague
o A law is not vague on the account of its construction.
o
Substantive: Requires that the law itself must be fair, reasonable and just
o Example: A law where jaywalking is punished by reclusion perpetua
Violation of substantive due process. A violation of right to liberty
o Tanada vs. Tuvera: On the publication of laws
Even if the law says that it shall take effect immediately, publication is nonetheless
indispensable. To be punished by a law that is unknown strikes deep against due process. “That
it would be the height of injustice”
Article 3 (“Ignorance does not excuse no one from the law”) of the Civil Code presupposes that
the law has been published.
o Equal Protection – Invoked when there is a discriminatory act of government
Is a guarantee against any discriminatory actions of the government or its agents.