PART 1: CONSTITUTION OF THE PH - By asking whether or not the change is extensive in number.

The
court will just count the number of provisions in the constitution
3 OBJECTIVES OF THE CONSTITUTION (MANILA PRINCE V. GSIS) affected by one proposal
1. To prescribe the permanent framework of a system of
government QUALITATIVE TEST
2. To assign to the several departments their respective powers and - The court will look into the substantive effect of the proposal of
duties the constitution. If the proposal will change the general
3. To establish certain first fixed principles on which the government governmental structure, that is in the nature of revision
is founded
DOCTRINE OF NECESSARY IMPLICATION
WRITTEN CONSTITUTION - The grant of an express power carries with it the necessary
- One whose precepts are embodied in one document or set of implication all other necessary powers in order to implement the
documents express power

UNWRITTEN CONSTITUTION TWO MODES OF CALLING A CONSTITUTIONAL CONVENTION

- Consists of rules which have not been integrated into a single,
concrete form but are scattered in various sources
ENACTED/CONVENTIONAL CONSTITUTION
- Enacted, formally struck off at a definite place and time following
a conscious or deliberate effort taken by a constituent body or rule
EVOLVED/CUMULATIVE
- The result of political evolution, not inaugurated at any specific
time but changing by accretion rather than by any systematic
method
RIGID CONSTITUTION
- One that can be amended only by formal and usually difficult
process
FLEXIBLE CONSTITUTION
- One that can be changed ordinary legislation
QUALITIES OF A GOOD WRITTEN CONSTITUTION:
1. Broad
2. Brief
3. Definite
SELF-EXECUTING PROVISIONS
- When the nature and extent of the rights conferred and the
liabilities imposed are by fixed by the constitution itself
NON SELF EXECUTING PROVISIONS
- There must be an express indication in the constitutional provision
1. 2/3 vote of all the members of Congress
2. Majority vote of all its members and refer to the people the
question of calling such constitutional convention
CONSTITUTIONAL REQUIREMENTS FOR A VALID EXERCISE OF THE
RIGHT OF INITIATIVE TO PROPOSE AMENDMENTS TO THE
CONSTITUTION
1. The petition must be signed by at least 12% of the total number of
registered voters and every legislative district shall be
represented by at least 3% of the registered voters in that
legislative district
2. There must be an implementing legislation
ADDITIONAL REQUIREMENTS PROVIDED IN LAMBINO FOR A VALID
EXERCISE OF INITITIATIVE
1. The people must author and thus sign the entire proposal
2. The proposal must be embodied in a petition
TAKE CARE POWER OF THE PRESIDENT
- The power to ensure that laws are faithfully executed so the
power of the President to ensure that laws are faithfully executed
gives him the authority to create fact finding committee
DOCTRINE OF PROPER SUBMISSION
- All the proposed changes to the Constitution, whether it is a
revision or amendment, shall be submitted all at once to the
people in one election in order to give the people a proper frame
of mind in making an intelligent decision
PART 3: THE CONCEPT OF STATE

VERBA LEGIS NON EST RECEDENDUM STATE

- The words used in the Constitution must be given their ordinary - A community of persons more or less numerous occupying a
meaning except where technical terms are employed definite portion of territory completely free of external control and
possessing an organized government to which a great body of
RATIO LEGIS EST ANIMA inhabitants render habitual obedience
- The words of the constitution should be interpreted in accordance
with the intent of the framers PEOPLE
- Refers to particular organized group of individuals in which,
UT MAGIS VALEAT QUAM PEREAT according to the Constitution, the highest power exists
- The words of the Constitution should be interpreted as a whole
TERRITORY
PART 2: AMENDMENTS AND REVISIONS - The national territory comprises the PH archipelago, with all the
islands and waters therein, and all other territories over which the
AMENDMENT Philippines has sovereignty or jurisdiction, consisting of its
- A piecemeal isolated change intended to delete, to add and to terrestrial, fluvial
improve a provision
2 TRADITIONAL CLASSIFICATION OF THE FUNCTIONS OF THE
REVISION GOVERNMENT
- A complete rewriting of the document or a change of a principle 1. Constituent
underlying a constitution o Constitute the very bonds of society and therefore
mandatory
QUANTITATIVE TEST 2. Ministrant

© CELYN PALACOL
 o Those which only intend to promote the general
welfare of society and merely optional
8 CONSTITUENT FUNCTIONS
1. The keeping of order and providing for the protection of persons
and property from violence and threat
2. The fixing of legal relations between man and wife and between
parents and children
3. The regulation of the holding, transmission and interchange of
property and determination of its liabilities for debt and for crime
4. Determination of contract rights between individuals
5. Definition of punishment of crime
6. Administration of justice in civil cases
7. Determination of political duties, privileges and relations of
citizens
8. Preservation of the state against outside or external
encroachment and danger and promotion of international interest
PRINCIPLES IN DETERMINING WHETHER OR NOR THE GOVERNMENT
SHALL EXERCISE THESE OPTIONAL/MINISTRANT FUNCTIONS
1. When the government should do for the public welfare those
things which the private capital would not naturally undertake
2. When by its very nature, the government is better equipped to
administer for the public welfare than any private individual or
group of individuals
DE JURE GOVERNMENT
- One that possess title but has no control
DE FACTO GOVERNMENT
- One that exercises control but lacking legal title
INSTANCES WHEN THE GOVERNMENT DOES NOT EXERCISE
CONTROL
1. In case when it is withdrawn from it
2. Has not yet entered into its execution (Transitory Government)
3 KINDS OF DE FACT GOVERNMENT
1. Government de facto in a proper sense, is that government that
gets possession and control of, or usurps, by force or by the voice
of the majority, the rightful legal government and maintains itself
against the will of the latter
2. Government established and maintained by military forces who
invade and occupy a territory of the enemy in the course of war,
and which is denominated a government of paramount force
3. Government established as an independent government by the
inhabitants of a country who rise in insurrection against the parent
state
AUTO-LIMITATION OF SOVEREIGNTY
- The Philippines adheres to the principles of international law as a
limitation to the exercise of sovereignty
PART 4: DOCTRINE OF STATE IMMUNITY
LEGAL BASIS ACCORDING TO JUSTICE HOLMES
- There can be no legal right against the authority which makes the
law on which the right depends
PAR IN PAREM NON HABET IMPERIUM
- A foreign state cannot kneel to our local courts because as an
equal, out courts has no authority over them
- An equal has no authority over an equal
EXCEPTIONS WHEN A PUBLIC OFFICER MAY BE SUED WITHOUT THE
PRIOR CONSENT OF THE STATE
1. To compel him to so an act required by law
2. To restrain him from enforcing an act claimed to be
unconstitutional
© CELYN PALACOL
3. To compel the payment of damages from an already appropriated
assurance fund or refund tax over-payments from a fund already
available for the purpose
4. To secure a judgment that the officer impleaded may satisfy by
himself without the state having to do a positive act to assist him
5. Where the government itself has violated its own laws because
the doctrine of state immunity cannot be used to perpetrate
injustice
INSTANCES WHEN A SUIT IS AGAINST THE STATE
1. Republic is sued by name
2. Suit is against an unincorporated agency
3. Suit is, on its face, against a government officer, but liability will
belong to the government
DOCTRINE OF INCORPORATION
- Such principles are deemed incorporated in the law of every
civilized state as a condition and consequence of its membership
in the society of nations. Upon its admission to such society, the
state is automatically obligated to comply with these principles in
its relations with other states
IMPLIED CONSENT
1. When the state commences litigation
2. When the state enters into a business contract
EXPRESS CONSENT
- Either by general law or special law
- Given by Congress
RESTRICTIVE THEORY OF IMMUNITY
- The application of the doctrine of immunity from suit has been
restricted to sovereign or governmental activities (jure imperii),
The mantle of state immunity cannot be extended to commercial,
private and propriety acts (jure gestionis)
CLASSICAL THEORY
- A sovereign cannot be made a respondent in the courts of
another sovereign without its consent
RESTRICTIVE THEORY
- The immunity of the sovereign is recognized only with regard to
public acts or acts jure imperii of a state, but not with regard to
private acts
INCORPORATED GOVERNMENT AGENCY
- Possess a juridical personality independent of the state
- Those created under the general law and under the special law
UNINCORPORATED GOVERNMENT AGENCY
- Has no juridical personality separate and distinct from the
government
PART 5: FUNDAMENTAL PRINCIPLES AND STATE POLICIES
STATE POLICIES
- Those not binding but mere guidelines for the state to act upon
- Guidelines for better administration
PRINCIPLES
- Inherent guidelines of the state
INCORPORATION
- International law is part of the domestic law upon constitutional
declaration
TRANSFORMATION
- International law is transformed to a domestic law through a
constitutional mechanism such as local legislation
 - There must be a positive act on the government
2 SOURCES OF GENERALLY ACCEPTED PRINCIPLES OF
INTERNATIONAL LAW
1. International custom as evidence of a general practice accepted
as law
2. General principles of law recognized by civilized nations
2 ELEMENTS OF INTERNATIONAL CUSTOMARY RULES
1. Established, widespread and consistent practice on the part of the
state
2. OPINIO JURIS SIVE NECESSITATIS (An opinion of law or
necessity)
RELIGION
- It is a profession of faith to an active power that binds and
elevates man to his creator
STRICT SEPARATION
- There is an absolute impregnable wall between 2 institutions –
they cannot join each other
STRICT NEUTRALITY
- What may be applied to one activity shall be applied to all
activities even to religious activities
MANDATORY BENEVOLENT NEUTRALITY
- An exemption of a religious practice from the coverage of
mandatory law because of the observance of the constitutional
guaranty of religious freedom like exemption of property used
directly, exclusively, absolutely by religious organizations for
religious purposes
PERMISSIVE BENEVOLENT NEUTRALITY
- The accommodation of religious practices only because of public
policy
COMPELLING STATE INTEREST (‘YES’)
1. Whether the government act created a burden on the free
exercise of religion
2. Whether there is a compelling state interest involved in order to
justify the infringement of religious freedom
3. Whether the infringement on religious freedom is no greater than
what is necessary in order to achieve the legitimate governmental
interest
LEAST INTRUSIVE
- There must be no other way that the government cannot achieve
his legitimate purpose other than by infringing in the religious
activity
4 ELEMENTS OF RELIGION
1. Belief in God or at least some parallel belief that occupies a
central place in the believers life
2. It must involve a moral code transcending individual belief
3. There must be a demonstrable sincerity
4. There must be some associational ties
SECULAR OR GOVERNMENTAL STANDARD
- What applies to one religion must apply to all
LEMON TEST
1. It has a secular legislative purpose
2. It neither advances nor inhibits religion
3. It does not foster an excessive entanglement with religion
AMPARO LIBERTAD
- The protection of personal freedom, equivalent to the habeas
corpus writ
© CELYN PALACOL
AMPARO CONTRA LEYES
- For the judicial review of the constitutionality of statutes
AMPARO CASACION
- For the judicial review of the constitutionality and legality of a
judicial decision
AMPARO ADMINISTRATIVE
- For the judicial review of administrative actions
AMPARO AGRARIO
- For the protection of peasant’s rights derived from the agrarian
reform process
PRINCIPLE OF DOUBLE EFFECT
- Wherein intentional harm on the life of either the mother of the
child s never justified to being a “good effect”. In a conflict
situation between the life of the child and the life of the mother,
the doctor is morally obliged always to try to save both lives.
However, he can act in favor of one (not necessarily the mother)
when it is medically impossible to save both, provided that no
direct harm is intended to the other
4 REASONS WHY MARRIAGE IS IMPORTANT
1. The personal choice regarding marriage is inherent
2. The right to marry is fundamental because it supports a two-
person union
3. It safeguards the children and the family
4. It is the keystone of our social order
DOCTRINE OF PARENS PATRIAE
- State has the inherent right and duty to aid parents in the moral
development of their children, and, thus, assumes a supporting
role for parents to fulfill their obligations
YOUTHFUL OFFENDER
- One who is over 9 years but under 18 years of age at the time of
the commission of the offense
AUTONOMY
- It means giving the local government units not only more or
greater power
ASSOCIATIVE PRINCIPLE
- Agreement of two unequal states, the associate and the principal,
where the associate attaches to the principal for some protection
but the associate maintains its independent international
personality
DECENTRALIZATION OF ADMINISTRATION
- When the central government delegates administrative powers to
political subdivisions in order to broaden the base of government
power and in the process to make local government “more
responsive and accountable”
DECENTRALIZATION OF POWER
- Involves an abdication of political power in favor of local
government units declare to be autonomous
TWO QUESTIONS THAT MUST BE ANSWERED IN ORDER THAT THE
GUARANTEE OF FULL DISCLOSURE BECOMES OPERATIVE
1. Is the information of public interest or public concern
2. Whether there is a law prohibiting disclosure of the information
PART 6: INHERENT POWERS OF THE STATE
POLICE POWER
- It is the power of the State to regulate liberty, and property for the
promotion of general welfare
EMINENT DOMAIN
- It is the power of the State to forcibly acquire private property,
upon payment of just compensation, for some public use
TAXATION
- It is the power to demand from the members of society their
proportionate share or contribution in the maintenance of the
government
2 TESTS FOR VALID EXERCISE OF POLICE POWER
1. Lawful subject
o The interest of the public generally requires the
interference of the state
2. Lawful means
o There must be a rational connection between the
object of the law and the means employed
SALUS POPULI EST SUPREMA LEX
- The interest of the state is the supreme law
SUC UTERE TUO UT ALIENUM NON LAEDAS
- Use your own property in such a manner as not to injure that of
another
TO BE CONSIDERED AS A VALID POLICE MEASURE, AN ORDINANCE
MUST PASS A TWO-PRONGED TEST
1. Formal
o Whether the ordinance is enacted within the corporate
powers of the LGU, and whether it is passed in
accordance with the procedure prescribed by law
2. Substantive
o Involving inherent merit, like the conformity of the
ordinance with the limitation under the Constitution and
the statutes, as well as with the requirements of
fairness and reason, and its consistency with public
policy
SUBSTANTIVE REQUIREMENTS OF AN ORDINANCE
1. It must not contravene the Constitution or any statute
2. It must be fair, not oppressive
3. It must not be partial or discriminatory
4. It must not prohibit by may regulate trade
5. It must be general and consistent with public policy
6. It must not be unreasonable
PRECAUTIONARY PRINCIPLE
- It shall only be relevant if there is concurrence of 3 elements:
1. Uncertainty
2. Threat of environmental damage
3. Serious or irreversible harm
“TAKING” REPUBLIC V. VDA DE CASTELVI
1. The expropriator must enter a private property
2. The entrance into private property must be for more than a
momentary period
3. The entry into property should be under warrant or color of legal
authority
4. The property must be devoted to a public use or otherwise
informally appropriated or injuriously affected
5. The utilization of the property for public use must be in such a
way as to oust the owner and deprive him of all beneficial
enjoyment of property
EXPROPRIATION
- The remedy that must be resorted to by the State in exercising
the power of eminent domain
© CELYN PALACOL
DOUBLE TAXATION
- It is the imposition of the same or identical tax twice by the same
taxing authority within the same taxing jurisdiction for the same
purpose and for the same object
UNIFORMITY OR EQUALITY
- All taxable articles and property of the same kind shall be taxed
on the same rate
-
EQUITY OF TAXATION
- The tax imposed shall be in proportion to the ability to pay or the
value of the property
WHETHER OR NOT THE ENTITY IS COMMERCIAL OR CHARITABLE,
WE SHOULD CONSIDER THE FF:
1. Statute
2. Corporate purpose
3. By-laws
4. Matter of administration
5. Work performed
6. Use of property
FACTORS IN DETERMINING JUST COMPENSATION
1. Potential use of the property
2. Condition of the property
3. Improvements introduced in the property
4. Assessed value of the property for tax purposes
THE FF. ESSENTIAL REQUISITES MUST CONCUR BEFORE AN LGU
CAN EXERCISE THE POWER OF EMINENT DOMAIN
1. An ordinance is enacted by the local legislative council
authorizing the local chief executive, in behalf of the LGU, to
exercise the power of eminent domain or pursue expropriation
proceedings
2. The power of eminent domain is exercised for public use, purpose
or welfare, or for the benefit of the poor and the landless
3. There is payment of just compensation
4. A valid and definite offer has been previously made to the owner
of the property sought to be expropriated, but said offer was not
accepted
PART 8: DUE PROCESS AND EQUAL PROTECTION OF THE LAWS
TWO MINIMUM REQUIREMENTS OF DUE PROCESS FOR
ADMINISTRATIVE PROCEEDINGS
1. Notice
2. Hearing
OTHER REQUIREMENTS:
1. The right to a hearing, which includes the right to present one’s
case and submit evidence in support
2. The tribunal must consider the evidence presented
3. The decision must have something to support itself
4. The evidence must be substantial
5. The decision must be rendered on the evidence presented at the
hearing
6. The tribunal or any of its judges must act on its own or his own
independent consideration of the facts, and not simply accept the
views of a subordinate in arriving at a decision
7. The board or body should, in all controversial questions, render its
decision in such a manner that the parties to the proceeding will
know the various issues involved, and the reasons for the
decision
EXCEPTIONS (NOTICE AND HEARING)
1. Conclusive presumption
2. Summary abatement of a nuisance per se
3. The passport of a person sought for a criminal offense
 4. Filthy restaurants
SUBSTANTIVE REQUIREMENTS IN LGUS IN ORDER THAT AN
ORDINANCE MAY BE CONSIDERED VALID
1. It must not contravene the Constitution or any statute
2. It must be fair, not oppressive
3. It must not be partial or discriminatory
4. It must not prohibit but may regulate trade
5. It must be general and consistent with public policy
6. It must not be unreasonable
ESSENTIAL REQUISITES OF DUE PROCESS IN CRIMINAL
PROCEEDINGS
1. That the court or tribunal trying the case is properly clothed with
judicial power to hear and determine the matter before it
2. That jurisdiction is lawfully acquired by it over the person of the
accused
3. That the accused is given an opportunity to be heard
4. That judgment is rendered only upon lawful hearing
SCHOOL DISCIPLINARY INVESTIGATIONS
1. The students must be informed in writing of the nature and cause
of any accusation against them
2. That they shall have the right to answer the charges against them
with the assistance of counsel
3. They shall be informed of the evidence against them
4. They shall have the right to adduce evidence in their own behalf
5. The evidence must be duly considered by the investigating
committee or official designated by the school authorities to hear
and decide the case
VOID FOR VAGUENESS
- Law suffers from the defect if it lacks comprehensible standard
that men of common intelligence must necessarily guess
- Since the law is so vague, a person does not know what the law
us all about therefore he does not know what to prevent, it
constitutes a violation to the right of due process because the
vagueness of the law amount to lack of notice of what conduct to
prevent
- Holds that a law is facially invalid if men of common intelligence
must necessarily guess at its meaning and differ as to its
application
OVERBREADTH DOCTRINE
- Assumes that individual will understand what a statute prohibits
and will accordingly refrain from that behavior, even though some
of it is protected
REASONS WHY VOID FOR VAGUENESS VIOLATE THE CONSTITUTION
1. It violates due process for failure to accord persons
2. It leaves law enforcers unbridled discretion in carrying out its
provisions and becomes an arbitrary flexing of the Government
muscle
FACIAL CHALLENGE
- The law on its face is invalid
AS APPLIED CHALLENGE
- It can only be raised by the party to whom the law was declared
unconstitutional
EQUAL PROTECTION
- Persons or things similarly situated should be treated alike, both
as to the rights conferred and the responsibilities imposed
UNDERINCLUSIVENESS DOCTRINE
- When a law is insufficient
- Applicable only in situations when the deficiency or the
insufficiency of the law was only by mere inadvertence. But if the
© CELYN PALACOL
insufficiency of the law was deliberate or intentional under
inclusiveness doctrine will not apply
TWO ACTS THAT ARE PROHIBITED UNDER THE EQUAL PROTECTION
CLAUSE
1. Undue favor or individual privilege
2. Unjust or illegal discrimination
CLASSIFICATION
- The groping of persons or things similar in certain particulars but
different from others in the same particulars
THREE LEVELS OF SCRUTINY TO DETERMINE THE PROPRIETY OF
THE CLASSIFICATION
1. Strict scrutiny
o Applies when a legislative classification impermissibly
interferes with the exercise of a fundamental right or
operates to the peculiar class advantage of a suspect
class
o Government carries the burden to prove that the
classification is necessary to achieve a compelling
state interest
2. Intermediate scrutiny
o When the classification puts a quasi-suspect class at a
disadvantage
o Classification based on gender or illegitimacy
3. Rational basis scrutiny
o Demands that the classification reasonably relate to
the legislative purpose
REQUISITES OF A REASONABLE CLASSIFICATION (RATIONAL BASIS
SCRUTINY)
1. The classification must rest on substantial conditions which make
for real differences
2. Classification must be germane to the purpose of the law
3. Must apply not only be limited to existing conditions
4. Must apply equally to all members of the particular class
ESSENTIAL REQUISITES OF JUDICIAL REVIEW
1. There must be an actual case or controversy calling for the
exercise of judicial power
2. The person challenging the act must have the standing to
question the validity of the subject act or issuance
3. The question of constitutionality must be raised at the earliest
opportunity
4. The issue of constitutionality must be the very lis mota of the case
PART 9: SEARCHES AND SEIZURES
FACTORS TO BE CONSIDERED IN DETERMINING THE
REASONABLENESS OF THE SEARCHES AND SEIZURE
1. Circumstances involved
2. Purpose of the search
3. Presence or absence of probable cause
4. The manner in which the search and seizure was made
5. The place or thing searched
6. The character of the articles procured
SEARCH WARRANT
- An order in writing issued in the name of the People of the
Philippines signed by a judge directed to a peace officer,
commanding him to search for personal property described
therein and bring it before the court
PERSONAL PROPERTIES THAT CAN BE SEIZED BY VIRTUE OF A
SEARCH WARRANT
 1. Subject of the offense
2. Stolen or embezzled and other proceeds or fruits of the offenses
3. Used or intended to be used as a means of committing an offense
WARRANT OF ARREST
- An order in writing issued in the name of the People of the
Philippines, signed by a judge and directed to a peace officer
commanding him to take a person into custody in order that he
may be bound to answer for the commission of an offense
REQUISITES OF A VALID WARRANT
1. It must be based on probable cause
2. Determined personally by the judge
3. The examination must be under oath or affirmation of the
complainant and witnesses
4. Must particularly describe the persons or things to be seized or
the place to be searched
PROBABILITIES IN WARRANT OF ARREST
1. An offense has been committed
2. Accused is probably guilty
PROBABILITIES IN SEARCH WARRANT
1. Object sought is connected to a criminal activity
2. They may be found in the place sought to be searched
PROBABLE CAUSE
- Such facts and circumstances antecedent to the issuance of the
warrant that are in themselves sufficient to induce a reasonably
cautious man to rely upon them and act in pursuance thereof
PROBABLE CAUSE IN RELATION TO A SEARCH WARRANT
- Refers to such facts and circumstances which would lead a
reasonably discreet and prudent man to believe that an offense
has been committed and that the object sought is in connection
with the crime and it can be found in the place sought to be
searched
IT IS NOW SETTLED THAT IN ISSUING WARRANTS OF ARREST IN
PRELIMINARY INVESTIGATIONS, THE INVESTIGATING JUDGE MUST
1. Have examined in writing an under oath the complainant and his
witnesses by searching questions and answers
2. Be satisfied that probable cause exists
3. That there is a need to place the respondent under immediate
custody in order not to frustrate the ends of justice
PARTICULARITY IN THE DESCRIPTION
- The warrant describes the place to be searched or the object
sought to be seized or the person sought to be arrested in such a
way that the police officer can identify the place, the object, and
the person subject of the warrant
RULE 113 SECTION 5
1. When, in his presence, the person to be arrested has committed,
is actually committing, or is attempting to commit an offense
(ARREST IN FLAGRANTE DELICTO)
2. When an offense has just been committed, and he has probable
cause to believe based on personal knowledge of facts or
circumstances that the person to be arrested has committed it
(HOT PURSUIT)
3. 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 is temporarily confined while his case is pending, or
has escaped while being transferred from one confinement to
another
OTHER PROVISIONS WHICH ALLOW WARRANTLESS ARREST
1. Rule 113 Section 13 (arrest after escape or rescue)
2. Rule 114 Section 23
© CELYN PALACOL
3. Arrest of an accused who is out on bail who attempts to leave the
country without authority from the court which granted the bail
IN HIS PRESENCE
- It means that the police officer making the arrest sees the
commission of the offense although at a distance or heard the
commission of the offense and proceeded at once to at the scene
of the crime
INSTANCES OF PERMISSIBLE WARRANTLESS SEIZURES
1. Stop and frisk
2. Search incident to lawful arrest
3. Consented search
4. Customs searches
5. Searches of moving vehicles
6. Seizure during exigency or emergency situations
7. Search of evidence in plain view
REQUISITES FOR CONSENTED SEARCH
1. Consent must be specific
2. Consent must be unequivocal
3. Consent must be intelligently given
4. Consent must be free from vitiation or coercion or duress
9 FACTORS TO DETERMINE IF CONSENT WAS VOLUNTARILY GIVEN
1. Age of the accused
2. Whether the accused is n a public or secluded location
3. Whether the accused objected to the search or passively looked
on
4. Education and intelligence of accused
5. Presence of menacing police procedure
6. Defendant’s or accused’s belied that no incriminating evidence
could be found
7. Environment where search was effected
8. Conduct of the police officer in effecting the search
9. Possibly vulnerable subjective state of the person consenting
EXTENT OF PERMISSIBLE SEARCH AS AN INCIDENT TO A LAWFUL
ARREST
1. The body of the person arrested
2. His outer clothing
3. Premises within his immediate control
2 OBJECTIVES OF THE TERRY SEARCH OR THE STOP AND FRISK
1. General interest of an effective crime prevention and detection
2. More pressing interest of personal safety and security
3 REQUISITES FOR VALID SEIZURE OF EVIDENCE IN PLAIN VIEW
1. The executing law enforcement officer has a prior justification for
an initial intrusion or otherwise properly in a position from which
he can view a particular order
2. The officer must discover incriminating evidence inadvertently
3. It must be immediately apparent to the police that the items they
observe may be evidence of a crime, contraband, or otherwise
subject to seizure
PART 10: PRIVACY OF COMMUNICATION AND CORRESPONDENCE
ZONES OF PRIVACY
1. Right to due process and equal protection of the laws
2. Right against unreasonable searches and seizures
3. Privacy of communication and correspondence
4. Liberty of abode and travel
5. Right to form association
6. Right against self incrimination
THE REASONABLENESS OF A PERSON’S EXPECTATION OF PRIVACY
DEPENDS ON A TWO-PART TEST
 1. Whether by his conduct, the individual has exhibited an
expectation of privacy POLITICAL SPEECH
2. Whether his expectation is one that society recognizes as - Refers to speech both intended and received as a contribution to
reasonable public deliberation about some issue

CATEGORIES OF RIGHT TO PRIVACY COMMERCIAL SPEECH

1. Decisional privacy
o The independence in making certain important
decisions
o The government cannot interfere in the decision
making process of an individual
2. Informational privacy
o Interest in avoiding disclosure of personal matters
o Consists of 2 aspects:
a. The right not to disclose their personal
information or information about private matters
b. The right to live freely without the surveillance
and the interference
3. Locational or situational privacy
IN DETERMINING WHETHER A COMMUNICATION IS ENTITLED TO THE
RIGHT OF PRIVACY, THE COURT APPLIED A TWO-PART TEST (DISINI
V. SECRETARY OF JUSTICE)
1. Whether the person claiming the right has a legitimate
expectation of privacy over the communication
2. Whether his expectation of privacy can be regarded as objectively
reasonable in the society
TWO TEST IN ORDER TO DETERMINE WHETHER THERE IS A
REASONABLE EXPECTATION OF PRIVACY (OPLE VS TORRES)
1. Subjective test
o Where one claiming the right must have an actual or
legitimate expectation of privacy over a certain matter
2. Objective test
o Where his or her expectation of privacy must be one
society is prepared to accept as objectively reasonable
- Speech that does “no more than propose a commercial
transaction”
CONTENT BASED RESTRAINTS OR CENSORSHIP
- Restrictions based on the subject matter of the utterance or
speech
CONTENT NEUTRAL REGULATION
- Includes controls merely on the incidents of the speech such as
time, place, or manner of the speech
CLEAR AND PRESENT DANGER RULE
- The evil consequences sought to be prevented must be
substantive, extremely serious and the degree of imminence
extremely high. Only when the challenged act has overcome the
clear and present danger rule will it pass constitutional muster,
with the government having the burden of overcoming the
presumed unconstitutionality
THEORIES AND SCHOOL OF THOUGHTS
1. The right of the people to participate in public affairs, including the
right to criticize government actions (THEORY ON
DELIBERATIVE DEMOCRACY)
2. Free speech should be encouraged under the concept of a
marketplace of ideas
3. Free speech involves self expression that enhances human
dignity
4. Expression is marker group identity
5. Bill of rights, free speech included, is supposed to protect
individuals and minorities against majoritarian abuses perpetrated
through the framework of democratic governance
6. Free speech must be protected under the safety valve theory

A VOICE RECORDING IS AUTHENTICATED BY THE TESTIMONY OF A

WITNESS (NAVARRO VS CA)
1. That he personally recorded the conversation
2. That the tape played in court was the one he recorded
3. That the voices on the tape are those of the persons such are
claimed to belong

EXCLUSIONARY PRINCIPLE
- Deals with PRIMARY EVIDENCE because the evidence which
was obtained in violation of the constitution shall be rendered
inadmissible

FRUIT OF THE POISONOUS TREE

- While any other evidence derived from the primary source is
rendered inadmissible

PART 11: FREEDOM OF EXPRESSION, ASSEMBLY AND PETITION

FIVE COGNATE RIGHTS UNDER THIS SECTION

1. Right to free speech
2. Right to free expression
3. Right to free press
4. Right to free assembly
5. Right to free petition

RIPENESS (DIOCESE OF BACOLOD VS COMELEC)

- The prerequisite that something had by then been accomplished
or performed by either branch or in this case, organ of
government before a court may come into picture
© CELYN PALACOL