Final Term Discussions

 Bill of Rights - The set of prescriptions setting forth the fundamental

civil and political rights of the individual, and imposing limitations on
the powers of government as a means of securing the enjoyment of
those rights.
o G.R. No. 113271 October 16, 1997 WATEROUS DRUG
CORPORATION and MS. EMMA CO, petitioners, vs.
NATIONAL LABOR RELATIONS COMMISSION and ANTONIA
MELODIA CATOLICO, respondents
o G.R. No. 168081 October 17, 2008 ARMANDO G.
YRASUEGUI, petitioners, vs. PHILIPPINE AIRLINES, INC.,
respondents.
Due process of law - A law which hears before it condemns, which
proceeds upon inquiry and renders judgment only after trial.
o Aspects of due process:
1. a)Substantive. This serves as a restriction on
government's law- and rule-making powers. The
requisites are:
1. The interests of the public, in general, as distinguished
from those of a particular class, require the intervention
of the State.
2. The means employed are reasonably necessary for
the accomplishment of the purpose, and not unduly
oppressive on individuals.
2. b)Procedural. This serves as a restriction on actions of
judicial and quasi- judicial agencies of government.
Requisites:
1. An impartial court or tribunal clothed with judicial
power to hear and determine the matter before it.
2. Jurisdiction must be lawfully acquired over the
person of the defendant and over the property
which is the subject matter of the proceeding.
3. The defendant must be given an opportunity to be
heard
4. Judgment must be rendered upon lawful hearing
 Equal Protection of the laws - All persons or things similarly situated
should be treated alike, both as to rights conferred and
responsibilities imposed.
Valid Classification - Persons or things ostensibly similarly
situated may, nonetheless, be treated differently if there is a
basis for valid classification. The requisites are
1. Substantial distinctions which make for real
differences.
2. Germane to the purpose of the law.
3. Not limited to existing conditions only.
4. Must apply equally to all members of the same class

Requisites of a Valid Warrant

1. Probable Cause. Such facts and circumstances antecedent to the
issuance of the warrant that in themselves are sufficient to induce a
cautious man to rely on them and act in pursuance thereof. For a
search: “such facts and circumstances which would lead a
reasonably discreet and prudent man to believe that an offense has
been committed and that the objects sought in connection with the
offense are in the place sought to be searched.
2. Determination of probable cause personally by a judge
3. After examination, under oath or affirmation, of the complainant and
the witness he may produce.
4. Particularity of description

Warrantless arrests [Sec. 5, Rule 113, Rules of Court]. A peace

officer, or even a private person, may effect an arrest without a
warrant:
a) When the person to be arrested has committed. Is actuallv
committing or is attempting to commit an offense in his
presence.
b) When an offense had iust been committed and there is
probablecause to believe, based on his personal knowledge
of facts or of other circumstances, that the person to be
arrested has committed the offense.
 c) 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
confinement to another
d) When the right is voluntarily waived.
Warrantless Searches
a. When the right is voluntarily waived
b. When there is valid reason to “stop -and-frisk”
c. Where the search (and seizure) is an incident to
a lawful arrest
d. Search of moving vehicles
e. Inspection of buildings and other premises for the
enforcement of
f. Where prohibited articles are in plain view
i. a prior valid intrusion based on the
warrantless arrest in which the police are
legally present in the pursuit of their official
duties;
ii. he evidence was inadvertently discovered
by the police who have the right to be
where they are;
iii. the evidence must be immediately
apparent; and
iv. “plain view” justified the seizure of the
evidence without any further search.

Freedom of Expression
1. Chavez v. Secretary Gonzalez, G.R. No. 168338, February15, 2008
2. Gonzales v. Comelec, 27 SCRA 835
Aspects:
1. Freedom from censorship or prior restraint
a. Prior restraint refers to official governmental restrictions on
the press or other forms of expression in advance of actual
 publication or dissemination. Freedom from prior restraint is
largely freedom from government censorship of publications,
whatever the form of censorship, and regardless of whether
it is wielded by the executive, legislative or judicial branch of
the government.
2. Freedom from subsequent punishment. Without this assurance,
the individual would hesitate to speak for fear that he might be
held to account for his speech, or that he might be provoking the
vengeance of the officials he may have criticized.
The State may validly impose penal and/or administrative
sanctions, such as in the following:
1. Libel - A public and malicious imputation of a crime, or
of a vice or defect, real or imaginary, or any act,
omission, condition, status, or circumstance tending to
cause the dishonor, discredit, or contempt of a natural
or juridical person, or to blacken the memory of one
who is dead [Art. 353, RevisedPenal Code], Oral
defamation is called slander [Art. 358, Revised Penal
Code].
2. Obscenity
Tests of valid governmental interference.
1. Clear and Present Danger Rule: Whether the words are used in
such circumstances and of such a nature as to create a clear and
present danger that they will bring about the substantive evils that
the State has the right to prevent. “The substantive evil must be
extremely serious and the degree of imminence extremely high
before utterances can be punished.
a. a content-neutral regulation, i.e., merely concerned with the
incidents of the speech, or one that merely controls the time,
place or manner, and under well defined standards;
b. a content-based restraint or censorship, i.e., the restriction is
based on the subject matter of the utterance or speech
2. Dangerous Tendency Rule : If the words uttered create a
dangerous tendency of an evil which the State has the right to
prevent, then such words are punishable. It is sufficient if the
natural tendency and the probable effect of the utterance were to
 bring about the substantive evil that the legislative body seeks to
prevent.
3. Balancing of Interests Test : When particular conduct is regulated
in the interest of public order, and the regulation results in an
indirect, conditional, or partial abridgment of speech, the duty of
the courts is to determine which of the two conflicting interests
demands the greater protection under the particular circumstances
presented.
Under B.P. 880 [Public Assembly Act of 1985], a permit to holda public
assembly shall not be necessary where the meeting is to be held in a
private place, in the campus of a government-owned or -operated
educational institution, or in a freedom park. Where a permit is required, the
written application shall be filed with the mayor’s office at least 5 days
before the scheduled meeting and shall be acted upon within two days,
otherwise the permit shall be deemed granted. Denial of the permit may be
justified only upon clear and convincing evidence that the public assembly
will create a clear and present danger to public order, safety, convenience,
morals or health. Action on the application shall be communicated within 24
hours to the applicant, who may appeal the same to the appropriate court.
Decision must be reached within 24 hours. The law permits law
enforcement agencies to detail a contingent under a responsible officer at
least100 meters away from the assembly in case it becomes necessary to
maintain order.

Freedom of Religion.
Two guarantees contained in Sec. 5:
(a) Non-establishment Clause; and (b) Freedom of religious profession
and worship.
1. Non-establishment clause. This reinforces Sec. 6, Art. II, on the
separation of Church and State. Recall other constitutional provisions
whichsupport the non-establishment clause, namely: Sec. 2(5), Art.
IX-C [a religious sector denomination cannot be registered as a
political party]; Sec. 5(2), Art. VI [no sectoral representative from the
religious sector]; and Sec. 29 (2), Art. VI [prohibition against the use
 of public money or property for the benefit of any religion, or of any
priest, minister, or ecclesiastic].
Exceptions:
Sec. 28 (3), Art. VI [exemption from taxation of properties
actually, directly and exclusively used for religious
purposes]; (ii) Sec. 4 (2), Art. XIV [citizenship requirement
of ownership of educational institutions, except those
established by religious groups and mission boards]; (iii)
Sec. 3 (3), Art. XIV [optional religious instruction in public
elementary and high schools: at the option expressed in
writing by the parents or guardians, religious instruction
taught within regular class hours by instructors
designated or approved by the religious authorities of the
religion to which the children or wards belong, without
additional cost to the Government]; (iv)Sec. 29 (2), Art. VI
[appropriation allowed where the minister or ecclesiastic
is employed in the armed forces, in a penal institution, or
in a government-owned orphanage or leprosarium]
2. Free Exercise Clause.
Aspects of freedom of religious profession and worship:
a. Right to believe, which is absolute.
b. Right to act according to one’s belief, which is subject to
government regulation.