Poli Module 1 2 First Part

PoliRev Class Notes & Doctrines lifted from 2019 Beda Memaid, Nachura 2016, Coffee Notes, Full
text cases, & Atty. 1

Gabriel’s Discussions/Lectures
MATEO, MMF 2019
POLITICAL LAW the nation, it is deemed written in every

statute & contract.
- branch of public law which deals with the
organization and operations of the governmental Purposes of the constitution (Manila Prince Hotel v
organs of the state GSIS)
- defines the relationship of the state with the
1. To prescribe permanent framework of a system of
inhabitants of its territory
government
Scope/Divisions 2. To assign to several department’s their respective
duties
1. Constitutional Law
3. To establish certain first principles on which the
2. Administrative Law
government is founded
3. Law on Municipal Corporations
4. Law of Public Officers
5. Election Laws
The constitution is not the source of all rights
What is a constitution
 See: Oposa v Factoran
 Cooley: That body of rules and maxims in  Right to healßth
accordance with which the power of the  Cooley: It is not the cause but the consequence
sovereignty are habitually exercised of the avts of the people
 Malcolm: That written instrument enacted by the o Not absolute! Ex. Political Rights
direct action of the people by which the
fundamental pwers of the government are
established, limited and defined, and by which Classification of constitution
those powers are distributed among the several
departments for their safe and useful exercise, for 1. Written Or Unwritten
the benefit of the body politic a. Written – one whose precepts are embodied
 Manila Prince Hotel v GSIS: in one document or set of documents
o a constitution is a system of fundamental laws b. Unwritten – consist of rules which have not
for the governance and administration of a been integrated into a single, concrete form,
nation. but are scattered in various sources
o It is supreme, imperious, absolute and
unalterable except by the authority from which 2. Enacted Or Evolved
it emanates. a. Enacted (Conventional)- it is enacted, formally
 Ratio: because it is a direct act of the people struck off at a definite time and place,
 Marcos v Manglapus: aside from being an following a conscious or deliberate effort
allocation of powers, it is also a social taken by a constituent body or ruler
contract whereby the people have b. Evolved (Cumulative) – it is the result of
surrendered their sovereign powers to the political evolution, not inagurated at any
sovereign state for the common good specified time but changing by accretion
 Ocampo v Enriquez: our constitution is a rather than by any systematic method
product as collective history of the people
3. Rigid Or Flexible
Doctrine of Constitutional Supremacy a. Rigid – one that can be amended only by a
formal and usually difficult process
 If a law or contract violates any norm of the
b. Flexible – one that can be changed by
constitution, that law or contract whether
ordinary legislation
promulgated by the legislative or by the
executive brance or entered into by private Qualities of a good written constitution
persons for private purposes is null and void
and without force and effect. a. broad
 Thus, since the constitution is the b. brief
fundamental, paramount and supreme law of c. definite
PoliRev Class Notes & Doctrines lifted from 2019 Beda Memaid, Nachura 2016, Coffee Notes, Full text cases, & Atty. 2
MATEO, MMF 2019
Essential parts of a good written constitution 3. Ut magis valeat quam pereat – all the
provisions of the constitution must be given
a. Constitution Of Liberty – series of prescriptions
effect.
setting forth the fundamental civil and political
rights of the citizens and imposing limitations on NOTE: Extraneous materials can only be used if the
powers of the government as a means of securing above-mentioned rules fail!!!
the enjoyment of those rights
3 ways of filing impeachment complaint (a duly verified
impeachment complaint)
b. Constitution Of Government - the series of
provisions outlining the organization of the 1. By any member of the HOR
government enumerating its powers, laying down 2. By 1/3 of all the members of the HOR: Articles
certain rules relative to its administration and of Impeachment: will go straight to the senate
defining the electorate for impeachment proceedings
3. By any citizen of the RP through a resolution of
endorsement by any member of the HOR
c. Constitution of Sovereignty – the provisions

 Impeachment case – only the HOR can initiate
pointing out the mode or procedure in accordance
upon transmittal of Articles of Impeachment in
with which formal changes in the fundamental law
the Senate
may be brought
 Impeachment Complaint – 3 ways: Art XI Sec
Interpretation And Construction Of The Constitution 3(2)
 Impeachment Proceeding – end upon the
Manila Prince Hotel vs GSIS
transmittal of the Articles of impeachment to
1. Determine self executing vs non-self-executing the senate committee on Justice
provisions o Starts when the HOR take on initial
a. Self-executing – when the nature and action to the impeachment complaint
extent of the rights conferred and (referal to the committee of justice)
liabilities imposed are fixed by the
Note:
constitution itself
b. Non-self executing – a provision - Filing is not the same as endorsement
which lays down a general principle is - It is required that 1/3 should be the one to file and
usually not self executing not merely to endorse
2. In case of doubt, constitutional provisions are
Gutierez v HOR: several ways of starting impeachment
self-executing
proceedings
Ratio: to rule otherwise would give the congress the
Impeachment Complaint (Matchstick) – must reach a
authority to defeat a mandatory provision by its refusal
stage before an impeachment proceeding can ensue
to provide for an implementing law
Impeachment Proceedings (Candle) – must be lit. starts
Specific Tools of Construction
when the HOR take an initial action on the
Francisco v HOR impeachment complaint by one light sticks or two light
sticks as long as it can reach the wick at the same time
1. Verba Legis non es possedendum – (From the
language of the law, you shall not depart). – Sec 5, Art ? | cannot initiate more than 1 impeachment
words used in the constitution must be given proceeding
their ordinary meaning except when technical
Indorsement alone does not make it an article of
terms are employed
incorporation
2. Ratio Legis et Anima – secondary materials not
yet available. Should be interpreted in Filing multiple ompeachment complaints, allowed as
accordance with the intent of the framers. long as it is done before the end of impeachment
MATEO, MMF 2019
proceeding (as long as it is transmitted to the - implies a change that alters a basic principle in the
committee of justice at the same time) consitution; if the change alters the substitution
entirely of the constitution]
De Leon vs Esguerra
- generally affects several provisions of the
 When did the 1987 constitution take effect? constitution
February 2 1987 – in order to prevent the
Gonzales v Comelec (1967)
president to delay the effectivity of the
constitution - the constituent power or the power to amend or
 The act of ratification is the act of voting by revise the constitution, is different from the
the people – so that is the date of the lawmaking power of the congress. Congress can
ratification and the cnavass thereafter of the directly propose amendments to the constitution
votes is merely the mathematical confirmation and at the same time, call for a constitutional
of what was done during the date of the convention to propse amendments
plebiscite and the proclamation of the - the power to amend or propose amendments
President is merely the confirmatory thereto is not included in the general grant of
declaration of an act which was actually done legislative powers of the congress. It is part of the
by the Filipino People in adopting the inherent powers of the people as the repository of
constitution when they cast their votes on the sovereignty in a republican state, such as ours, to
date of the plebiscite. make and hence, to amend their own fundamental
 Art XVIII Sec 27, it shall take effect law.
immediately upon its ratification by a majority - Source of power (constituent power)
of the votes cast in a plebiscite for the o The constitution itself v source of power
purpose. of the people themselbes – no need for
constitutional provision because it is an
2 changes (also found in Lambino v COMELEC)
attribute of sovereignty
1. Amendment - SC allowed submissiion of the proposal
- Implies such an addition or change within the lines simultaneously with the general elections
of the original instrument as will effect an
Required Votes (amendments, Revision)
improvement, or better carry out the purpose for
which it was framed - the constitution does not prohibit submission of
- Broadly refers to a change that adds, reduces, or proposals simultaneously with the general
deletes without altering the basic principles elections
involved
Avelino v Cuenco (Quorum)
- affects only the specific provisions being amended
- majority of the house, the house does not mean
“all membebrs”. Even a majority of all the
2. Revision members constitute the house
- Sanidad v Comelec
- The power to propose amendment or revision is a - Where the vortex of the controversy refers to the
justicianle question. But once it is ratified, it ceases legality or validity of the contested act, that matter
to be justiciable. is definitely justiciable
- The amending process, both as to proposal and
Imbong v Comelec
ratificatiom, raises a judicial question. This is
especially true in cases where the power of the - the congress, acting as a constituent assembly, may
Presidency to initiate the amending process by propose amendments to the constitution, and
proprosals of amendments, a function normally exercising its general legislative powers, provide for the
exercised by legislature, is seriously doubled. Sec details of the constitutional convention
2(2) ART X
Occena v Comelec
- Amendment includes revision

MATEO, MMF 2019
- Once ratified the sovereign people, there can be no  The congress cannot delegate to other
debate about the validity of the new consitution. agencies the power to provide for the exercise
The fact that the present constitution may be of the right to initiative on the constitution
revised and replaced with a new one is no  “potestas delegata no delegari potest”
argument against the validity of the new law o XPNS:
because amendment includes revision or total 1. Delegation of Tariff powers to the
overhaul of the entire constitution. At any rate, President
whether the constitution is merely amended in 2. Delegation of emergency powers
part or revised or totally changed would become to the President
immaterial the moment it is ratified by the 3. Delegation to the People at Large
sovereign people. 4. Delegation to Local Governments
- Required vote: Majority. Once they have converted 5. Delegation to administrative
into concon, approval of the proposed bodies
amendments and revisions.
Valid Delegation (Permissible Delegation)
o Basis: The Philippines is a democratic and
republican state 1. Valid if the law is complete in itself, setting
- Sec 1 Art XVII, People to propose smendments of forth therein the policy to be executed, carried
revision to the constitution, more of a limitation out or implemented by the delegate
than a grant of power 2. Fixes the standard – the limits of which are
- Par 2 Sec (2) art XVII sufficiently determinate or determinable to
o Implementing legislation which the delegate must conform in the
o Requirements for proposal of amendment performance in the performance of his
initated by the people function
- Initiative on the constitution, no sufficent enabling  A sufficient standardis one which defines
legislation? NO. RA 6735 legislative policy, marks its limits, maps
Plebiscite out its boundaries and specifies the public
agency to apply it.
- refers to a process - RA 6735 not sufficient enabling law re: initiative to
- 60-90 Days: DATE the constitution
- The law provides for separate subheading (Statute,
Tolentino v Comelec
Ordinance) but there is none as to the initiative to
- Piecemeal changes to the constitution, not allowed the constitution
- Piecemeal ratification, allowed? It depends - COMELEC Reso 2300 diud not cure the defect
- Sec 1 Art XV: there should only be one election or
Lambino v Comelec
plebsiscite for the ratification of all the
amendments the convention may propose xxx The - RA 6735 Sufficient enabling legislation; Santiago v
same should be submitted to them not separately COMELEC remains to be a good legislation
from but together with all the other amendments - Limitations
to be proposed by the presenbt convention. 1. Only to propose amendments to the
constitution
DOCTRINE OF PROPER SUBMISSION
2. May bhe exercised after 5 years from the
1. all the proposals shall be submitted to the effectivity of the 1987 Constitution and
people at once in plebiscite or in an election once every 5 years thereafter
called for that purpose to give them propert of
Steps of Ratification
mind
2. People must be given sufficient time to study 1. Proposal ½ + 1 of Registered Voters (actual
the proposal (60-90 days, 1987 Constitution) voters) “Majority of the votes cast)
2. Ratification
Santiago v COMELEC
3. Plebiscite, when
- Comelec Reso 2300 did not cure the lacking o depending on the mode of proposal
provision re: initiative on the constitution
MATEO, MMF 2019
- the petition for initiative to propose amendments 5. As an intitiative upon a petition, the proposal
to the constitution must contain the proposed must be embodied in a petition
amendments
Limitations
- 2 essential elements
1. The people must author and thus, sign the - to be exercised 5 years from the 1987
entire proprosal constitutional ratification
2. As an initative upon a petition, the - may be exercised once every 5 years
proposal must be embodied in a petition
- intitative can only be exercised to propose Province of North Cotabato v GRP
amendments to the constitution, and not revision
- the President cannot guarantee a change to the
2 tests in determining the change in the constitution constitution
- while the President does not possess constituent
1. quantitative test – asks whether the proposed powers as those powers may be exercised only by
change is so extensive in its provisions as yo Congress, a constitutional conventionor the people
change directly the substantial entirety of the through initiative and referendum, she may submit
constitution by the deletion or alteration of proposals for constitutional change to congress in a
numerous existing provisions manner htat does not involve the arrogation of
2. qualitative test- whether the change will constituent powers
accomplish such far reaching changes in the
nature of our basic governmental plans as to CONCEPT OF THE STATE
amount to a revision
What is a state?
Diff modes of proposing amendments or revisions
A community of persons, more or less numerous,
A. amendment permanently occupying a definite portion of territory,
indeoendent of external control, and possessing a
 Congress, upon a vote of ¾ of ALL its members government to which a great body of inhabitants
or constitutional assembly render habitual obedience
 Constitutional Convention
 People’s Initiative Elements of State
B. Revision 1. People
- People under the RP (Citizens of the Philippines)
 Congress, upon a vote of ¾ of ALL its members - EO 292 Sec 5, Same manner in art 16
or constituent assembly - Sanidad v Comelec: particularly organized assembly
 Constitutional Convention of individuals in which according the constitution
o 2 ways of calling constitutional the highest power exist
convention - As a requisite for statehood: adequate number for
1. 2/3 of all the members of the self-sufficiency and defense, of both sexes for
congress perpetuity
2. By a majority vote of all its
members, submit to the 2. Territory
electorate the question of calling - 2 groups of territory as states in art 1:
such a convention 1. Philippine Archipelago
2. All other teritories over which the
Constitutional Requirements on Initiative
Philippines exercises sovereignty and
1. Implementing law jurisdiction
2. 12% of the total sum of registered voters  Deemed included in the national territory
3. every legislative district must be represented 1. Treaty of Paris
by at least 3% of the registered voters therein 2. US-Spain Treaty
4. People must author and thus sigm the entire 3. US-Great Britain
proposal; No agent or rerpresentative can sign 4. 1935 Constitution
on their behalf 5. 1973 constitution
MATEO, MMF 2019
 Traditional Modes of Acquiring Territory 1. That a government should do for the

1. Occupation public welfare those things which private
2. Accretion capital would not naturally undertake
3. Cession 2. That a governmetn should do these things
4. Prescription which by its very nature it is better
equipped to administer for the public
Archipelagic Doctrine:
welfare than is any private individual or
The waters around, between and connecting the islands group of individuals
of the archipelago, regardless of their breadth and
5 most important ministrant functions
dimension, form part of the internal waters of the
Philippines 1. public works
2. public education
3. Government
3. public charity
- the agency ir instrumentality through which the
4. health and safety regulations
will of the state is formulated, expressed and
5. regulations of trade or industry
realized
8 constituent functions of the government
Traditional functions of the government (Bacani v
NACOCO) 1. the keeping of order and providing for the
protection of persons or property
 Constituent
2. the fixing of legal relations between aman and
- mandatory for the government to perform because
wife and parents and children
they constitute the very bonds of sicuetybsuch as
3. the regulation of the holding, transmission and
the maintenance of peace and order and
interchange of property and the determination
regulation of property and property rights
of its liability for debt or for crime
 Ministrant
4. the determination of contract rights between
- those intended to promote the welfare, progress
individuals
and prosperity of the people and which are merely
5. the definition and punishment of crime
optional for the government to perform
6. the administration of justice in civil cases
7. the determination of the political duties,
Bacani v NACOCO privileges and relations of citizens
8. dealings of the state with foreign powers: the
- Government refers to the institutions ot aggregate preservation of the state from external
of institutions by which an independent society changes or encorachments and the
makes and carries out those rules of action which advancement of its international interests
are necessary to enable men to live in a social state
which are imposed upon the people forming that PVTA v CIR
society by those who possess the power or
- the growing complexities of modern society,
authority prescribing them,
however, have rendered this traditional
- Government under Sec 2, Revised Administrative
classificartion of the functions of government quite
Code – is a term which refers to the corporate
unrealistic, not to say obsolete. The areas which
governmental entity through which the functions
used to be left to private enterprise and initiative
of governmenr are exercised throughout the
and which the government was called upon to
Philippine Islands, including, save as the contrary
enter optionally, and to administer because it was
appears from the context, the various arms
better equipped to administer for the public
through which political authority is made effective
welfare than is any private individual or group of
in said islands, whether pertaining to central
individuals, continue to lose their well-defined
government or municipal branches or other forms
boundaries and to be absorbed within activites
of LGC
that the government must undertake in its
- 2 instances where the government is required to
sovereign capacoty if it is to meet the increasing
exercise ministrant functions
social changes of times
MATEO, MMF 2019
baselines]), and continental shelves that UNCLOS III

delimits.
Doctrine of Parens Patriae
- Thus, baselines laws are nothing but statutory
- literally “the parent of the people” mechanisms for UNCLOS III States parties to delimit
- the government may act as guardian of the rights with precision the extent of their maritime zones
and continental shelves. In turn, this gives notice to
of the people who may be disadvantaged or
the rest of the international community of the
suffering from disability or misfortune
scope of the maritime space and submarine areas
4. Sovereignty within which States parties exercise treaty-based
rights, namely, the exercise of sovereignty over
- the supreme and uncontrollable power inherent territorial waters (Article 2), the jurisdiction to
in a state by which the state is governed enforce customs, fiscal, immigration, and
sanitation laws in the contiguous zone (Article 33),
Characteristics (People vs Gozo) and the right to exploit the living and non-living
resources in the exclusive economic zone (Article
a. Permanent
56) and continental shelf (Article 77).
b. Exclusive - The baselines cannot be drawn from the
c. Comprehensive boundaries or other portions of the rectangular
d. Absolute area delineated in the Treaty of Paris, but from the
e. Indivisible "outermost islands and drying reefs of the
f. Inalienable archipelago. Should be 100NM. Xp 3% (Bale 125%)
g. Imprescriptible - States acquire (or conversely, lose) territory
through occupation, accretion, cession and
Doctrine of Auto-Limitation 25
prescription, not by executing multilateral
treaties on the regulations of sea-use rights or
- any state, by its consent, express or implied,
enacting statutes to comply with the treaty’s terms
submit to a restriction of its sovereign rights
to delimit maritime zones and continental shelves.
- When is there military occupation over a territory? Territorial claims to land features are outside
When is there military occupation over a territory? UNCLOS III, and are instead governed by the rules
on general international law.
1. there is war between 2 states - Absent an UNCLOS III compliant baselines law, an
2. the armed forces of one belligernets take archipelagic State like the Philippines will find itself
actual physical possession of the territory of devoid of internationally acceptable baselines from
the other state where the breadth of its maritime zones and
continental shelf is measured. This is recipe for a
3. the armed forces of the belligerent is able to
two-fronted disaster: first, it sends an open
establish effective control and administration
invitation to the seafaring powers to freely enter
CIR v Campos Rueda (What is a state) and exploit the resources in the waters and
submarine areas around our archipelago;
A politically organized sovereign community, and second, it weakens the country’s case in any
independent of outside control, bound by the ties of international dispute over Philippine maritime
nationhood, legally supreme within its authortiy, space. These are consequences Congress wisely
functioning through its government under the rule of avoided.
law
UNCLOS – Delimitation Boundaries Dispute (Gabby
Magallona v Ermita Lectures)
- UNCLOS III has nothing to do with the acquisition  Overlapping boundaries
(or loss) of territory. It is a multilateral treaty  9 dash line
regulating, among others, sea-use rights over  Historic Title: Historic Bays or Near-shore
maritime zones (i.e., the territorial waters [12 Waters
nautical miles from the baselines], contiguous zone  Low Tide Features – not entitled to maritime
[24 nautical miles from the baselines], exclusive zones (cannot generate their own 12NM; they
economic zone [200 nautical miles from the submerge to the High Tide Features): These
MATEO, MMF 2019
are considered as land territory; PCA has no government and maintains itself against the
jurisdiction will of the latter
 High Tide Features – entitled to their own 2. Government and established and maintained
territorial sea by the armed forces of the enemy that gets
possesion of a territory in the course of war
Co Kim Cham v Valdez Tan Keh
3. Government by the people who rise in
- De Facto Government of Paramount Force insurrection against the parents state and
maintains itself against the will of the latter
2 indications:
Effect of Belligerent Occupation
1. Maintains itself with the active participation of
the japanese government - there is no change of sovereignty. However,
2. people render obedience to the laws of the political laws, except those of treason, are merely
japanese government without incurring any suspended. Municipal laws remain in force unless
liabilty changed by the belligerent occupant,
- During belligerent occupation, judicial decisions o law of treason continue because the
rendered by the invader continue its force and relationship between the rightful legal
effect even after the cessation of invasion govt is the same relationship of the
- 3 kinds of government government and its citizen outside that
1. De Fact Government Proper state during the period of normalcy
2. De Facto Government of Paramount Force - what may be suspended is the exercise of the
3. Independent Government rights of sovereignty, with the control and
government of territory occupied by the enemy
Effect of Cessation of Belligerent Occupation parties to the occupant.
- All the political laws are autoomatically null and Ruffy v Chief of Staff
void (of the belligerent occupation.
- Municipal Laws remain in force because they Principle of Jus Postiliminium
regulate the relations between the private and
- political laws which have been suspended due to
to preserve public order.
belligerent occupation shall become effective again
- Judicial Decisions during belligerent
- in the same vein, political law of the belligerent
occupation interpreting or applying the
occupants are automatically abrogated, unless they
political laws of the belligerent government
are expressly re-enacted by the affirmatove act of
during the belligerent occupation are ipso jure
the new sovereign
null and void.
- does not extend to the armed forces of each side.
- On the other hand, judicial decisions
AF should obey the political laws of each side.
interpreting or applying mun laws of the
- The articles of war be effective even during
belligerent government shall continue to be
belligerent occupation between the armed forces
valid even after the cessation of the belligerent
in each state.
occupation
Laurel v Misa
People v Gozo
Different kinds of Government
- Sovereignty is the supreme and uncontrollable
1. Military or Federal
power of the state to govern its citizens.
2. Presidential or Parliamentary
3. De Facto or De Jure (Depending on title) * Characteristics of Sovereignty
3 Kinds of De Facto Government - Permanent

- Exclusive
1. De facto govt which gets possession of or
- Comprehensive
usurps by force or by the voice of majority that
- Absolute
rightful legal government that rightful legal
- Imprescriptible
- Indivisible
MATEO, MMF 2019
- Inalienable a.General Law

- Local ordinances, national laws, shall remain to be i. Act 3083 Act 3083 General
applicable even if it is within the area covered by Law: Only allows the filing of
US-RP Agreement an action against the state in
- No inch of Philippine soil can be impregnated with contractual obligations. Only
foreign color. Every inch of the ph soil remains to applies to commercial
be part of the Philippines. What is granted to the transactions. (ONLY MADE
diplomatic mission is the right of primamry EXPRESSED WHAT IS
jurisdiction and not sovereignty. IMPLIED)
- Doctrine of Auto-limitation: That any state may, by ii. LGC
ots consent, express or implied, submit to a b. Special Law
restriction of its sovereign rights. i. Act 24587 (Express waiver
through a special law)
DOCTRINE OF STATE IMMUNITY
2. IMPLIEDLY
Sec 3 Art XVI The state cannot be sued without its a. Implied waiver of immunity when the
consent government enters a commercial
contract (Restrictive theory of state
2 basis (Republic v Sps. David) immunity)
i. Restrictive Theory shall only
1. Juristic or Legal Concept - State is immuned
apply when the goivernment
from suit not because from any formal
is exercisng sovereign
conception or obsolete theory but rather on a
functions or jure imprerii and
practical and logical ground that no legal right
nor governmental functions
against the authority makes the law in which
or jure gestionis
the right depends
b. When the government initiates the
2. Sociologic Concept – a continued adherence to
litigation
the doctrine of non-suability is not to be
deplored. For as against the inconveniences Par in parem non habet imperium – an authortity has
that may be caused to the private parties, the no power or authority over an equal
loss of the governmental efficiency and the
obstacle to the performance of its multifarious Republic v Feliciano
function, in the absence of a basic principle are
- Waiver of immunity should be construed in
far greater.
strictissimi juris, it must be specific, general,
Republic v Sandoval (Mendiola Massacre) unequivocal
- The order of the president is not a law.
3 instances when a suit may be considered as a suit
against the state Veterans Manpower & Protective Services, Inc vs CA
1. republic is sued by its name - Consent to be sued cannot be a contractual

2. suit is against an unincorporated stipulation. It should be done through legislation.
government agency
China National Machineries v Sta Maria
3. a suit is on its face for a government
official but the case is such that the - The provision in the contract which allows an
liability will fall not on the government arbitration may be considered as an implied waiver
official but on the state. of immunity. (J. Sereno) (re: in the use there is a
law, which allows an arbitration clause as an
Note: these are just prima facie presumption
implied waiver of immunity)
State consent, may only be given by the congress and
Merrit v Government of Philippine Islands
not the president.
- Specific waiver of immunity arises when the law is
HOW?
specifically applied to a specific individual or group
1. EXPRESSLY of individuals.
MATEO, MMF 2019
- Act no 2457 Mun. of Makati vs Court of Appeals
US v Guinto - There must be an ordinance setting aside the

deficiency
US v Ruiz
- Successful claimants agianst the LGC may file
Sanders v Veridiano mandamus inorder to compel lgc to set aside the
budget to satisfy claims against the local
* Restrictive Theory was applied in these 3 cases
government
Holy See v Rosario o Re: File Mandamus to National
Government? No. Ratio: Separation of
- SC extended the doctrine of state immunity to Holy Powers. Courts cannot impose its will to a
See. The nature of the transaction shall be co-equal government
determined whether the purpose of the o Remedy? Political: is to lobby to the
transaction is for profit; if it is done in the ordinary congress in order they will be forced to
course of business; for commercial purposes. It is enact a law in order to enforce any
still in the discharge of governmental functions. succesful claims against it
Amigable v Cuenca DA v NLRC
Republic vs Sandiganbayan PNB v Pabalan
- Issue: whether an implied waiver of immunity Article II| Declaration of Principles and State Policies
through initation of litigation shall only arise when Preamble
the government initiates the litigation in its  Prefatory statement
commercial function. Art. II
- The initiation of an action is an implied waiver of  Principles – guidelines which are inherent in
immunity and regardless whether the agency is the system of government
performing governmental or proprietary function,  Policies – in order to maintain/promote good
it is deemed to have impliedly waived its immunity administration; adopted by the state
when it initiats an action, therefore it is open to
counterclaims. Sec 1. The Philippines is a democratic and republican
o Only compulsory counterclaims can be state. Sovereignty resides in the people and all
raised when the government initiates an government authority emanates from them.
action. Permissive not allowed because it
is based on a separate cause of action. Villavicencio v Lukban (Ill repute woman)
- Authority to recognize immunity of foreign states - In our system of government, law is the supreme
and foreign states sued? OSG cannot make such authority and every public official who takes part in
recognition! DFA shall have the authority to give the administration of the law is all the more bound
the recognition. to submit to that supremacy. Best intention is not
enough in order to justify an act which is not
Republic v Villasor
sanctioned by the law or an ordinance.
- Suability is different from liability.  Knights of Rizal v DMCI (National
- Suability is based on consent expressed or implied Photobomber)
- Liability is based on evidence. - There is no ordinance that prohibits that construction
- Once the state consents to be sued, it operates at of that building, Hence, the act is allowed.
all stages of the judicial proceedings anterior to the
execution stage. Even if the state consents to be Tanada v Tuvera
sued, and even if the plaintiff has provem its claim,
the implementation of the writ of execution Sec 2
requires a separate consent of the state. International law can be applied or considered in our
o Separate consent, ratio: Because public legal system in 2 ways
funds may be used for the purpose which 1. Incorporation
it is appropriated.
MATEO, MMF 2019
- Only generally accepted principles of international law and the same may never curtail or restrict
law the scope of the police power of the State
- David vs SET (2 Sources) Gonzales v Hechanova
o International Custom – as evidence of - Lex posterior derogat priori
general practice accepted as law
2 elements: Agustin v Edu (Doctrine of Transformation)
- Established, widespread and consistent practice on - Vienna convention on Road signs and Signals: every
the part of the state member states should adopt a triangular
- Opinion as to law or necessity – the act involved is reflectorized mechanism as early-warning device
made obligatory because of a rule of law requiring - Road safety, generally accepted principle of
it international law.
o General principles of law recognized by - Triangular Reflectorize, there must be a
civilized nations transformation; done through the issuance of the
- These are principles established by letter of instruction
process of reasoning or judicial logic.
(Justice, equity, against In re: Garcia
discrimination)  Treaty of Recognition of Academic Decrees
and exercise of profession is not applicable;
Kuroda v Jalandoni will encroach the rule-making power of the
- Hague and Geneva Convention supreme court (re admission to the Bar)
- The Philippines was not a signatory of the Geneva Sec 4
Convention; thus they are disqualified from People vs Lagman & Soza
creating a body that would prosecute war crimes? The duty of the Government to defend the State cannot
No. be performed except through an army. To leave the
- These 2 conventions are generally accepted organization of an army to the will of the citizens would
principles of international law. Thus, automatically be to make this duty of the Government excusable
they become part of our laws without any positive should there be no sufficient men who volunteer to
act on the part of the government enlist therein.
2. Transformation Sec 5
- it is the manifestation that we abandoned the
Amity with all nations traditional functions of the government
 The president need not befriend any nation,
constitutional? Sec 6
 Establish diplomatic relations? No. The - Mandates a separation of the church and state
President has a discretion to choose - The separation is intended to protect the dignity
diplomatic relations with and integrity of not one but both institutions
(Aglipay vs Ruiz)
Poe-Llamanzares v COMELEC
Aglipay vs Ruiz
Ichong v Hernandez - The Government should not be embarrassed in its
- The Treaty of Amity between the Republic of activities simply because of incidental results, more
the Philippines and the Republic of China of or less religious in character, if the purpose had in
April 18, 1947, is also claimed to be violated by view is one which could legitimately be undertaken
the law in question. All that the treaty by appropriate legislation. The main purpose
guarantees is equality of treatment to the should not be frustrated by its subordination to
Chinese nationals "upon the same terms as the mere incidental results not contemplated.
nationals of any other country." - There is no violation of the principle of separation
- But even supposing that the law infringes upon of church and state. The issuance and sale of the
the said treaty, the treaty is always subject to stamps in question maybe said to be separably
qualification or amendment by a subsequent linked with an event of a religious character, the
resulting propaganda, if any, received by the
MATEO, MMF 2019
Catholic Church, was not the aim and purpose of o Whether the government act created
the government (to promote tourism). a burden on the free exercise of
- Theistic View of Religion: Religion as a profession religion - Y
of faith to an active power that binds and elevates o Whether there is a compelling state
man to his Creator is recognized. interest involve in order to justify the
infringement of religious freedom -
Garces v Estenzo N
 The state interest must not
Estrada v Escritor be a generalized one, it must
- the wall of separation mandated by the be specific. Must be
constitution is not a wall of hostility. The 2 compelling enough to justify
institutions do not treat each other as enemies, not the infringement on
treat each other as apathy religious freedom (2006
* Different kinds: resolution)
1. Separation o Whether the infringement on the
a. Strict Separation – there is an religious freedom is no greater than
absolute impregnable wall between what is necessary in order to achieve
the 2 institutions the governmental interest – N
- The roads constructed by the state cannot be used - The religious arrangement was exempted from the
by the religious organization for their religious mandatory law.
processions
b. Strict Neutrality- what may be applied Lemon Test:
to one activity shall be applied to all (1) it has a secular legislative purpose;
activities even to religious activities (2) it neither advances nor inhibits religion;
(3) it does not foster an excessive entanglement with
2. Benevolent Neutrality (Wall of religion.
accommodation)
a. Mandatory benevolent neutrality – an Diocese of Bacolod vs COMELEC
exemption of a religious practice from - Even the religious have a secular existence, they
a mandatory law because of the exist in a community regulated by law.
observance of religious freedom Controversies including religion may also be
Ex. Exemption of properties actually directly adjudicated by our courts of justice
and exclusively for religious purposes
b. Permissive Benevolent Neutrality – Taruc vs Dela Cruz
accommodation of religious practices - The expulsion/excommunication of members of a
because of public policy religious institution/organization is a matter best
Ex. RA 3350, which exempts the conscientious left to the discretion of the officials, and the laws
objectors from joining unions and canons, of said institution/organization.
- The courts can only apply legal standards; that - “Civil Courts will not interfere in the internal affairs
arrangement between her partner is considered of a religious organization except for the protection
immoral however in deciding religion cases the of civil or property rights. Those rights may be the
court will not stop whether an act is moral or subject of litigation in a civil court, and the courts
immoral; check whether it may be accommodated have jurisdiction to determine controverted claims
or exempted to the title, use, or possession of church property.”
- Applied compelling state interest test viewed from
benevolent neutrality Fonacier v CA
 3 questions (compelling state - in order to determine who is to administer the
interest) in order to allow a funds, we have to determine who may be validly
government act to apply to a religious elected and who may elect the leaders. That’s why
practice the sc delved into secular issues IN RELATION TO A
CIVIL ISSUE
MATEO, MMF 2019
- in disputes involving religious institutions or Right to security is part of human right. includes more
organizations, there is one area which the court than the right to exist. It includes right to live freely
should not touch: doctrinal and disciplinary from fear
differences. The right to security of person emanates in a person’s
legal and uninterrupted enjoyment of life, his limbs, his
Sec 7 & 8 body, his health and his reputation
- Nuclear weapons, allowed in consistence with our
national interest. 5 amparo cases
1. Amparo Libertad – Habeas Corpus
Sec 9 & 10 2. Amparo Contra Leyes – Judicial Review of the
 Social Justice constitutionality of laws
o Art II 9, 10, 18 3. Amparo Casacion – Judicial Review of the
o Art XVIII constituionality of the constitutionality of
judicial decisions
Calalang vs Williams (Concept of Social Justice) || 4. Amparo Administrativo – adminsitrative acts
Political Law 5. Amparo Agrario – agrarian laws
 Social Justice means equality. SJ does not
mean misplaced symphathy over a less Sec 12
privileged class. Absolute divorce allowed in the constitution?
 The greatest good for a greater number No. Not allowed. Sec 2 Art XV Marriage as an inviolable
social institution, is the foundation of the family and
Ondoy v Ignacio || Labor Law shall be protected by the state.
 Social justice means protection. Those who
have less in life should have more in law. Laws 3 policies of Sec 12
have more intonation to side with the 1. The sanctity of family as the basic institution
employee/laborer so that those who have less 2. Protection of the mother and the unborn
in life should have more in law 3. The support of the government in the
promotion of moral character of the youth
Salonga v Farrales ||
 Social Justice cannot be invoked in order to Art XV State recognizes the filipino family as a
trample the rights of the property owner foundation of the social institution
whose rights is likewise protected in Protect and strengthen the family; protect and
constitutional law strengthen the sanctity of marriage
 A property owner cannot be compelled to sell
his property rto less privileged class in the Virtuoso v Municipal Judge
absence of law or contractual obligations Doctrine: A minor could be provisionally released on
recognizance, in keeping with the constitutional
Almeda v CA || mandate that the “State recognizes the vital role of the
Property bears with it social function; not only for the youth in nation-building and shall promote their
exclusive benefit but also for the property in general physical, intellectual, and social well-being.”
Property ownership is impressed with social function.
Property use must not only be for the benefit of the Obergefell v Hodges
owner but of society as well. The State, in the (4) The right to marry is a fundamental right inherent in
promotion of social justice, may regulate the the liberty of the person, and under the Due Process
acquisition, ownership, use, enjoyment and disposition and Equal Protection Clauses of the Fourteenth
of private property, and equitably diffuse property Amendment couples of the same-sex may not be
ownership and profits. deprived of that right and that liberty. Same-sex
couples may exercise the fundamental right to marry.
Sec 11 Baker v. Nelson is overruled. The State laws challenged
Sec of National Defense vs Manalo by the petitioners in these cases are held invalid to the
extent they exclude same-sex couples from civil
MATEO, MMF 2019
marriage on the same terms and conditions as

opposite-sex couple SPARC v QC
- The inclusion of the word “duty” in rearing the
4 reasons youth Sec 12 Art 2 ‘ allows the government to
1. The personal choice of marriage is inherent in interfere in the conduct of disciplining the children.
the concept of individual autonomy Hence, the state can step in and determine
2. The choice of marriage supports a two person whether the parents are doing their duty to their
union unlike any other children.
3. It safeguards children and family - This is in line with the function of the government
4. It constitutes social bedrock of the community as parens patriae.
Whether limiting recognition is consistent to our

constitution Sec 13, 14 read
In rel to sec 14: Garcia v Drilon: filed a petition that Ra
Constitution does not expressly prohibit same-sex 9262 as unconstitutional
marriage** Fundamental equality does not mean universal
equality; constitution only provides that persons or
Imbong vs Ochoa things similarly situated should be treated alike
 Congress can define when does life begin?? Despite Equality,
No. Courts has the authority to determine
when life begins; they have the power to Sec 15
interpret the constitution Oposa v Factoran
 Contraceptives prohibited in the constitution Resident Mammals – Concept of stewardship, every
o Terminate the fertilize egg individual can file an action for the benefit of other
o Prevents implantation citizens***
o Induces abortion These are constitutionally enforceable rights (right to
 Conception- moment of fertilization; once the health and right to a balance and healthful ecology are
sperm meets the egg. self-executing and they do not need implementing
o Beginning of the constitutional legislation because they are natural and inherent rights
protection of the unborn to an individual)
 Double-Effect Principle – the doctors
whenever there is a medical condition that LLDA vs Court of Appeals – WON it can issue cease and
does not allow them to save both the life of desist order
the mother and the child, in saving the mother Doctrine of necessary implication
or the child, they cannot perform any act tht Duty (right to a balanced and healthful ecology) to
will compromise the life of the other. They protect corollarily includes the right to protect from
only must channel all their efforts in order to impairment …
save the life of the chosen one. Hence, they
will not be held liable for homicide among Sec 17
others. Guingona v Carague – WON can assign budget higher
 Abortifacients, unconstitutional. Congress than that of the education notwithstanding the
does not have the power to define the same; provisions?
no authority granted to the department.
 When does life starts when the sperm meets Sec 18 Labor as a primarily social and economic force
the egg
Sec 19 & 20
Re: Curfew ordinance of the City of Manila Tanada v Angara
- WTO violates the independent and self reliant
State can discipline the children in default of parental national economy? No. not an isolationist policy
authority? Yes secondary to the duty of the parents and not a policy of mendicancy. It only prohibits
- Can the state primarily perform that duty?? overdependence over the basic neccessities of the
state.
MATEO, MMF 2019
- allows the government to open our gates to  When the central government delegates
foreign goods and services to compete with our adminsitrative powers to the political
best in order the people can choose what products subdivions in order to broaden the base
or services to use. of the government power and in the
- US Kennedy: Today no government can define its process make the lgu responsive and
destiny alone. The age of self-reliant nationalism accountable and in order to make them
is over. The age of interdependence is here. We effective partner in the pursuit of
cannot just isolate our country with the rest of the national economy and social progress
world because we can promote our independence, 2. Decentralization of Power
our sovereignty even when entering to bilateral or  The central government abdicates its
multilateral agreements. !!! power to the lg and will result in self-
immolation
Garcia v BOI
 Private enterprise do not have discretion esp Province of North Cotabato vs GRP
local industries depend on the operations to  Free association in the national government and
continue in bataan local government? NO. No political subdivision
can be detached to the national government. All
Policy of independent and self reliant national shall be subjected to the control and supervision
economy, required to be self reliant, isolate of the national government.
themselves??? No. Not an isolationist policy nor  Associative Principle: Keitner and Reisman state
mendicancy that [a]n association is formed when two
states states of unequal power voluntarily
Sec 21 establish durable links. In the basic model,
one state, the associate, one state, the
ASLP v Sec of DAR associate, delegates certain responsibilities to
 RA 6657 challenged on the basis of the lack of the other, the principal, while delegates
guarantee that would guarantee that it would certain responsibilities to the other, the
bring about the policies sought to be achieved principal, while maintaining its international
 We cannot declare unconstitutional a law status as a state. Free associations maintaining
because of its imperfection. We have to its international status as a state. Free
determine the constitutionality of the lw based associations represent a middle ground
on the constitutional guidelines. The law is not between integration and independence
perfect but the law is an experiment as all life represent a middle ground between
is an experiment xxx we have to hone and integration and independence
perfect our law as we learn our experiences.  In international practice, the "associated
state" arrangement has usually been used as a
PARC v Hacienda Luisita transitional device of former colonies on their
 Allows stock distribution? Yes. Sec 4 Art XIII way to full independence .
but the law allowing it was already amended.
Actual land distribution is allowed under the Sec 26 Equal access to opportunities to public office
amendatory law.
PAMATONG V COMELEC
Sec 25 State shall ensure the autonomy of local  Declaring nuisance candidates violate if this
governments. principle? No. Not a policy to accommodate all
who wanted to render public service
BASCO v Pagcor  Davide Amendment; “The State shall
 Local Autonomy – Decentralization broadenopportunities to public office and
prohibit public dynasties.”
Limbona v Mangelin o it would necessarily mean that the
 2 kinds of decentralization government would be mandated to
1. Decentralization of Administration create as many offices as are possible
MATEO, MMF 2019
to accommodate as many people as Legaspi v CSC

are also possible.  Right to information can only be demanded if
 Re: Nuisance Candidates, enumeration in the it is for public interest or public concern
consti may be expnded??? No. Ppurpose is to  2 standards***
regulate the conduct of election. 1. Being of public concern or one that involves
 The policy of equal access to opportunities to public interest
public office is not a guarrantee that anyone 2. Not being exempted by law from the
who wants to run in public office shall be operation of the constitutional guarantee
accomodated.  ******
1. Is t disclosure he information of public
Pimentel v Congress – comelec cannot expound the interest or public concern
qualifications provided for in the constitution as it is 2. Whether there is a law prohibiting
exclusive disclosure of the information (must have
some legitimate objective)
Sec 28
Province of North Cotabato v GRP AQUINO-SARMIENTO V MORATO
 The people's right to information on  Re: voting slips: They are not personal nor
matters of public concern under Sec. 7, private but is subject to disclosure;
Article III of the Constitution is in splendid o Restrictions! Ex national security
symmetry with the state policy of full
public disclosure of all its transactions Valmonte vs Belmonte
involving public interest under Sec. 28,  Duty is to allow access but not to provide
Article II of the Constitution. summaries and abstracts (SSS Beneficiaries)
 The right to information guarantees the
right of the people to demand information,
See Chavez v PCGG
while Section 28 recognizes the duty of
officialdom to give information even if
INHERENT POWERS
nobody demands. The complete and
effective exercise of the right to POLICE POWER
information necessitates that its
complementary provision on public - Police power is defined by Freund as 'the power of
disclosure derive the same self-executory promoting the public welfare by restraining and
nature, subject only to reasonable regulating the use of liberty and property.
safeguards or limitations as may be - Power of promoting public welfare by restraining
provided by law. HcaATE The contents of and regulating the use of liberty and property.
the MOA-AD is a matter of paramount - Most essential, insistent and less limitable of
public concern involving public interest in powers, extending as it does to all the great public
the highest order. In declaring that the needs.
right to information contemplates steps and
Scope/Characteristics
negotiations leading to the consummation
of the contract, jurisprudence nds no - It cannot be bargained away through the
distinction as to the executory nature or medium of treaty /contract
commercial character of the agreement. - Taxing power may be used to implement
 An essential element of these twin police power
freedoms is to keep a continuing dialogue - Eminent domain may also be used to
or process of communication between the implement or attain police power
government and the people. Corollary to - Non-impairment of contracts or vested rights
these twin rights is the design for feedback will have to yield to superior and legitimate
mechanisms. The right to public exercise of police power
consultation was envisioned to be a species - Exercise of profession may be regulated by the
of these public rights. state to safeguard health, morals, peace,
MATEO, MMF 2019
education, order, safety and several welfare of Decs v San Diego

the people
 3 flunk rule of the NMAT test sustained
Pasei v Drilon  Public interest involved to this freedom of
choice is to ensure that the medical profession
 The concept of police power is well-
is not infiltrated with incompetents to which
established in this jurisdiction. It has been
he society entrusts their lives
defined as the "state authority to enact
 While they are entitled to aspire to be a
legislation that may interfere with personal
doctor, he does not have a constitutional right
liberty or property in order to promote the
to be a doctor
general welfare."
 As defined, it consists of Ynot v IAC
1. an imposition of restraint upon liberty or
 US v Toribio
property
 Invalid exercisee of police power for it failed
2. in order to foster the common good.
the lawful means test
 It is not capable of an exact definition but has
been, purposely, veiled in general terms to Lutz v Araneta
underscore its all-comprehensive embrace.
 Can be exercised as long as it not arbitrary  Traditional distinctions have been abandoned
 Right to travel, can be made subject of police  Taxation may be made the implement of the
power. States police power
o The tax is levied with a regulatory
Ichong v Hernandez purpose, to provide the means for
rehabilitation and stabilization of the
 4 characteristics of police power
threatened sugar industry
1. Most essential
 Sin Tax – Police Power
2. Insistent
3. Illimitable City Government of QC v Ericta
4. Most positive
 Court to balance the exercise such power;  Property that may be taken in Police power –
balancing is of the essence for noxious purposes; to destroy
 Ratio to regulate legitimate business? Provided  Eminent domain – taking ; wholesome; public
imortance re Retail Trade, which must be left to use
filipino corporatioms  Taking in the concept of eminent domain
o There is no reasonable relation between
2 legal principles or the basis of the constitutional setting aside of at least 6% of the total
power area of an private cemeteries for charity
burial grounds of deceased paupers and
1. Salus popili est suprema lex
the promotion of health, morals, good
2. Sic utere tuo ut alienum non laedas
order, safety, or the general welfare of the
Lozano v Martinez people.
o There must be payment of just
 2 tests
compensation
1. Lawful Subject – anything that affects public
interest ASLP v Agrarian Reform
a. To determine whether there is public
 2 stages in the implementation of RA 6657
interest involved
1. Imposition of retention limits (police power
2. Lawful Means
2. Taking of the land in excess of the retention
a. Reasonable necessary to attain the object
limits (eminent domain)
- All must be complied with
 Ratio: Preservation of the integrity of
commercial transactions, as well as he
integrity of banking institutions Manila Memorial Park v DSWD
MATEO, MMF 2019
 Senior Citizen Discount Law 2. Must be within the constitutional limits

- Regulates the profits created by the businesses in 3. Taking must be for public use
favor of the senior citizen discount. Merely 4. Just compensation must be paid
regulation the price in which senior citizens are 5. There must be due process of law
concerned.
Constitutional Limitations
EMINENT DOMAIN
1. Taking=expropriation
- Highest and the most exact idea of property 2. Property must be private
remaining in the government that may be acquired 3. Use must be public
for some purpose through a method in the nature 4. Compensation must be just (FMV=FMV+CD-
of a compulsory sale to the state CB)
- It is the right, authority or power of the State as 5. Shall not means that the default stance of the
sovereign, or of those to whom he power has been state is to take
lawfully delegated to take private property for
What cannot be expropriated
public use upon observance of due process of law
and paying for the owner a just compensation to 1. Money
be ascertained according to law a. US Dollar may be expropriated
- It is the inherent power of the state that enables it because it is not considered a legal
to forcibly acquire private property, which is tender in the PH
intended for public use, upon payment of just 2. Choses in action
compensation
- It is the courts which shall have the power to CASES
determine whether there is a necessity therefore
City of Manila vs Chinese Community of Manila
- “the highest and most exact idea of property
remaining in the government” that may be  Necessity is the origin of the power of the
acquired for some public purpose through a eminent domain
method “in the nature of compulsory sale to the  Necessity of expropriation is a justiciable
state” question when the power is exercised by the
delegate
Police Power Eminent Domain
 If the court finds that there is some law
Power of the state to Power of the state to
authorizing the plaintiff to expropriate, then
promote public welfare condemn private property
the courts have no other function than to
by restraining and to public use upon
regulating the use of payment of just authorize the expropriation and to proceed to
liberty and property compensation ascertain the value of the land involved; that
Property condemned the necessity for the expropriation is a
usually for noxious legislative and not a judicial question
purpose
If upon on the other hand, however, the legislature
Property rights of the Property interest is
should grant general authority to a municipal
individuals are subject to appropriated and applied
restraints and burdens in to some public purpose, corporation to expropriate private land for public
order to secure he there is a need to pay just purposes, we think courts shall have jurisdiction under
general comfort, health compensation he provisions of the above quoted, to make inquiry and
and prosperity of the to hear proof, upon an issue properly presented,
state concerning whether or not the lands were private and
whether the purpose was in fact public.
- Reconciling it w Rule 67, private interest is The right of expropriation is not an inherent power in a
expropriated in favor of public use municipal corporation, and before it can be exercise the
right, some law must exist conferring the power upon
Requisites in the exercise of the power of eminent
it.
domain
They must not only find that
1. Property taken must be private property
MATEO, MMF 2019
A. That a law or authority exists for the - At the time of filing of the petition or at the time of
exercise of the right of eminent domain the taking of the property whichever comes first?
but NO. TAKING ONLY
B. Also the right or authority is being - Taking cannot precede the filing of the petition
exercised in accordance w the law
Amigable v Cuenca
Property devoted to public use may be expropriated
- The immunity from suit cannot be used to evade
- Where a cemetery is open to the public, it is a payment of just compensation
public use and no part of the ground can be taken - Ministerio vs CA: where the government takes
for other public uses under a general authority. away property from a private landowner for public
And this immunity extends to the unimproved and use without going through the legal process of
unoccupied parts which are held in good faith for expropriation or negotiated sale, the aggrieved
future use. party may properly maintain a suit against the
government without thereby violating the doctrine
Republic v PLDT
of governmental immunity from suit without its
- Services may be expropriated which must be for consent.
public use!!!
Philippine Press Institute v Comelec
- The Republic may, in the exercise of the sovereign
of eminent domain, may require the telephone - Taking in eminent domain
company to permit interconnection of the - To compel print media companies to donate
government telephone system and that of PLDT, as “comelec space” of the dimensions specified in Sec
the needs of the government service may require, 2 of resolution no. 2 amounts to taking of private
subject to the payment of just compensation. personal property for public use or purposes
- Need not be absolutely deprived of the use of the - Other case: radio airwaves not private property;
property to constitute the taking of the property airwaves remained to be the properties of the
government but they can be regulated.
People v Fajardo
Sumulong v Guerrero
TAKING
- Gido v Rural Properties: The determinative factor
- Transfer of ownership and possession not required
was size of the property; abandoned
of the property expropriated
- Expanded definition of public use: the government
- Regulation of the property which forever deprives
not called upon to del w big problems. Does not
the owner of the beneficial use thereof cannot be
need to wait for small problems to become big
sustained under the exercise of police power
problems before it can act on it. Hence the court
- Taking in police power necessitates that the
can still expropriate properties, big or small.
property is for destruction
- Just compensation – full and fair equivalent of the
Republic v Vda de Castellvi fair market value of the property taken
- In cases of partial expropriation, consequential
- Requisites of Taking: damages and consequential benefits are relevant;
1. Taking under the power of eminent domain refer to the remaining property expropriated by
may be defined generally as entering upon the state
private property for more than a momentary o If CB greater, cannot be deducted to the
period and value of the property
2. under the warrant or color of the legal - Tax declarations are made without the
authority, participation of the landowners, hence
3. devoting it to a public use, or they(property owners) cannot be estopped. Hence
4. otherwise informally appropriating or equitable principle of estoppel cannot be estopped
injuriously affecting it in such a way as
substantially to oust the owner and deprive Mañosca v CA
him of all beneficial enjoyment therefore.
- Public use means one which confers benefits or
advantage to the public and it is not confined to
MATEO, MMF 2019
actual use by public. It may also be said to mean 1. Ordinance is enacted by the legislative council
public usefulness , utility or advantage, or what is authorizing the local chief executive to
productive of general benefit. exercise the power of eminent domain
- As long as the purpose of the taking is public, then 2. It is exercised for public use, purpose or
the power of eminent domain comes into play. welfare
- The purpose in setting up the marker is essentially 3. There must be payment of just compensation
to recognize the distinctive contribution of the late 4. Valid and definite offer has been previously
Felix Manalo to the culture of the Philippines made to the owner of the property sought to
rather than to commemorate his founding and be expropriated
leadership if the INC xxxx Indeed, that only a few
would benefit from the expropriation of the
property does not necessarily diminish the essence Midterm Exam Discussion
and character of public use
I. Hypo (3 components)
a. Categorical Answer + Legal Basis
EPZA v Dulay b. Discuss your legal principle
c. Correlation of the legal principle to
- Determination of Just Compensation is the power the legal problem
that belongs to the court 1. Arigo v Swift | Doctrine of State Immunity
- The determination of just compensation is a  Foreign states when it enters into transactions
judicial function. The executive department or the in the foreign states, may waive their
legislature may make the initial determinations but immunity. Waiver of immunity does not apply
when a party claims a violation of the guarantee in in the VFA. Doctrine of state immunity still
the Bill of Rights that private property may not be applies
taken for public use without just compensation, no 2. Culling of the pigs does not constitute taking
statute, decree, or executive order can mandate a. Taking – Police Power
that its own determination shall prevail over the b. Taking – Eminent Domain
court’s finding  Damnum absque Injuria. Property owners do
- not have the right to demand just
compensation. Not taking in expropriation but
Republic v Vicente Lim
taking in police power.
- In summation, while the prevailing doctrine is that 3. Rice Tariffication Act – Tanada v Angara
"the non- payment of just compensation does not 4. Ordinance in Rosario, La Union – No. Violative
entitle the private landowner to recover possession of the principle of separation of the church
of the expropriated lots, however, in cases where and the state. Will be considered state
the government failed to pay just compensation sponsorship
within five (5) years from the finality of the 5. Anti-Palo Bill – primary duty of the paprents
judgment in the expropriation proceedings, the but the government can interfere secondarily.
owners concerned shall have the right to recover Doctrine of Parens Patriae. See (SPARK v QC)
possession of their property. 6. Constitutional; Convention but want to confine
- This is in consonance with the principle that "the the change of the constitutional convention.
government cannot keep the property and WON congress has the power or authority to
dishonor the judgment." To be sure, the five-year limit. NO. Congress is not performing as a
period limitation will encourage the government to general legislative power
pay just compensation punctually. This is inkeeping a. Constituent Power – power is limited
with justice and equity. from the constitution
b. Calling does not include limiting the
Mun. of Paranaque v VM Realty Corp (Essential constitutional power
Requisites LGU | Eminent Domain See: Imbong v Ferrer, Occena v COMELEC
Essential requisites before an LGU may exercise the 7. 60-40 Joint venture arrangement with china –
power of eminent domain Yes. Doctrine of auto-limitation.
-
MATEO, MMF 2019
2 tests in determining the validity of the exercise of 8. Presidential Veto

international law 9. Presidential Power to fix tariff rates
10. Freedom of the press
 Formal 11. Freedom of religion
 Substantive 12. Exemption from property tax of properties of religious,
educational, charitable institutions
MCQ: 6pts 13. Tax exemptions granted to non-stick, non-profit
14. National Interest educational institutions
14. No public money or property used for a particular sect,
15. Liable: Mun of San Fernando: When the Local priest or religious minister
Government Initates 15. Grant of tax exemptions
16. Grant of power of taxation to LGU
16. Obergefell v Hodges 17. Money collected for a special purpose shall be
considered a special fund
17. reasonable regulations intended for citizens, 18. Exclusive appellate jurisdiction of the SC over
certificate of live birth judgments of lower courts involving the legality of
taxes, imports, assessment, fees and penalty
18. Philippine Archipelago is the national territory
19. TRAIN LAW applicable to contiguous zones, tax law Equality v Uniformity
being a fiscal law, can be implemented within the 24
NM
Sison v Ancheta
20. Decisions of the court of the belligerent courts are
- Uniformity in taxation simply means that persons
ipso jure abrogated
or things similarly situated shall be taxed at the
same rate wherever they may be found.
- Equity in taxation, the burden of taxation shall be
-------- After midterms: Punzalan: double taxation – Sec
imposed upon the person who has the capacity to
6 Art III
pay; the more income, the higher the tax.
TAXATION - Tolentino v Sec of Finance: Constitution does not
- is the mode if raising revenue for public purpose prohibit regressive system of taxation. Congress is
- Principle behind: Necessity (Lifeblood Doctrine) only directed to evolve progressive system of
- Liberally construed in favor of the government, and taxation.
strictly against the taxpayer because any - Classification, if rational in character, is allowable.
exemption on the exercise of the power of taxation o In a leading case, Lutz v. Araneta, 98 Phil. 143
shall be in derogation of the exercise of this power (1955), the Court went so far as to hold "at
- The purpose must be public/public purpose.
any rate, it is inherent in the power to tax that
a state be free to select the subject of
Inherent limitations
1. Public purpose taxation, and it has been repeatedly held that
2. International comity 'inequalities which result from a singling out
3. Territoriality of one particular class for taxation, or
4. Non-delegation of the power to tax exemption infringe no constitutional
5. Exemption from taxation of Government Agencies and limitation.' "
Instrumentalities - Petitioner likewise invoked the kindred concept of
uniformity.
Constitutional Limitations o According to the Constitution: "The rule of
taxation shall be uniform and equitable." (Art.
1. Due process of law
2. Equal Protection of laws VIII, Sec. 17, par. 1)
3. Uniformity o This requirement is met according to Justice
4. Progressive system of taxation Laurel in Philippine Trust Company v: Yatco,
5. Non-impairment of contracts 69 Phil. 420 (1940) when the tax "operates
6. Non-impairment for non-payment of poll tax with the same force and effect in every place
7. Appropriation, revenue, tariff bills must originate where the subject may be found. The rule of
exclusively in the HOR uniformity does not call for perfect
MATEO, MMF 2019
uniformity or perfect equality, because this is - The exemption is only from the payment of taxes
hardly attainable.” assessed on such properties enumerated, as
- CJ Marshall: power to tax includes the power to property taxes, as contra-distinguished from excise
destroy || used as an instrument or implement of taxes.
police power - In the present case, what the Collector assessed
- Frankfurter citing J. Holmes: Power to tax is not the was a donee's gift tax; the assessment was not on
power to destroy as long as this court sits. || For the properties themselves. It did not rest upon
the purpose of revenue raising. Taxation shall be general ownership; it was an excise upon the use
uniform, equitable, not arbitrary and should not made of the properties, upon the exercise of the
amount to confiscation. privilege of receiving the properties
(Phipps vs. Com. of Int. Rev., 91 F [2d] 627.)
Pascual v Secretary of Public Works
Manifestly, gift tax is not within the exempting
- "It is a general rule that the legislature is without provisions of the section just mentioned.
power to appropriate public revenues for anything - A gift tax is not a property tax, but an excise tax
but a public purpose. . . . imposed on the transfer of property by way of
- It is the essential character of the direct gift inter vivos, the imposition of which on property
object of the expenditure which must determine used exclusively for religious purposes, do not
its validity as justifying a tax and not the constitute an impairment of the Constitution.
magnitude of the interests to be affected nor the - As well observed by the learned respondent
degree to which the general advantage of the Court, the phrase "exempt from taxation," as
community, and thus the public welfare, may be employed in the Constitution supra should not be
ultimately benefited by their promotion. interpreted to mean exemption from all kinds of
- Incidental advantage to the public or to the state, taxes. And there being no clear, positive or express
which results from the promotion of private grant of such privilege by law, in favor of the
interests, and the prosperity of private enterprises petitioner, the exemption herein must be denied.
or business, does not justify their aid by the
Abra Valley College v Aquino
use of public money."
- public purpose in the power of taxation must be - Actually, directly and exclusively
direct and exclusive. (Gabriel Lecture) - The test of exemption from taxation is the use of
the property for purposes mentioned in
Punsalan v Mun Board of Manila
the Constitution (Apostolic Prefect v. City Treasurer
- persons taxing professional exercising their of Baguio, 71 Phil. 547 [1941]). \
profession in the City of Manila - It must be stressed however, that while this Court
- Double taxation is the imposition of the same or allows a more liberal and non-restrictive
identical tax twice of the same taxing authority, interpretation of the phrase "exclusively used for
within the same taxing jurisdiction for the same educational purposes" as provided for in Article VI,
purpose and the same object Section 22, paragraph 3 of the 1935 Philippine
- Double taxation is not prohibited under the Constitution, reasonable emphasis has always been
constitution unless it is unduly oppressive and made that exemption extends to facilities which
violates equal protection clause. are incidental to and reasonably necessary for the
- Valid as long as it does not violate the principles of accomplishment of the main purposes.
taxation (Sec 28 Art 6 par 1. The principles of - Otherwise stated, the use of the school building or
taxation must be uniform and equitable. lot for commercial purposes is neither
contemplated by law, nor by jurisprudence. Thus,
Lladoc v CIR while the use of the second floor of the main
building in the case at bar for residential purposes
- Section 22(3), Art. VI of the Constitution of the
of the Director and his family, may find justification
Philippines, exempts from taxation
under the concept of incidental use, which is
cemeteries, churches and personages or convents,
complimentary to the main or primary purpose —
appurtenant thereto, and all lands, buildings, and
educational, the lease of the first floor thereof to
improvements used exclusively for religious
the Northern Marketing Corporation cannot by any
purposes.
MATEO, MMF 2019
stretch of the imagination be considered incidental implacable commands for all persons and all
to the purpose of education. seasons.
o Resiliency is always and should always be
Province of Abra v Hernando the best virtue of due process
- Mere presentation of title will not vest exemption.  J Frankfurter: nothing more and nothing less than
The ownership of the property is irrelevant in the embodiment of the sporting idea of fairplay
determining the exemption.  J Fernando: obedience to the dictates of justice and
- What vest exemption is not the ownership but the the responsiveness to the supremacy of reason
use of the property even if the property is owned  1215 Magna Carta Libertatum Clause 39: No free
by a religious, charitable or educational institution, man shall be taken or imprisoned or disseized or
if it is not actually directly and exclusively and outlawed nor shall we go upon him nor send upon
incidental religious charitable or educational him but by the lawful judgment of his peers or by
purpose, it is not exempt from taxation. the law of the land
- RP tax, tax on the property and not the owner.  Darmouth College v Woodward: Daniel Webster:
Exemption is not on the property but on the Concept of the law of the land means a general
owner. law; a law that hears before it condemns which
proceeds upon inquiry and renders judgment only
Non-stock Non-Profit Religious, charitable, after trial (covers only the procedural due process)
Educational Institution Educational Institutions  Justice Isagani Cruz- Due process is a guaranty
against any arbitrariness on the part of the
- enjoy exemptions - exemption from RP government, whether committed by the legislative,
from taxes and taxes which are ADE the executive, or the judiciary.
duties used for the purpose
- income tax, intended Consequence on the violation of due process:
property tax ADE
use for the purpose  If procedural
o Aniag v Comelec: The law which is the basis of
Factors to be considered by the courts to det if the PI remains to be valid.
charitable or commercial (Lung Center of the  Only the procedure which violates the
Philippines) procedural due process shall be
considered as invalid
 statute creating the enterprise  If substantive
 constitution & by laws - deals with the intrinsic validity of the law
 corporate purpose - The courts will look into the substantive or the
 manner of administration intrinsic validity of the substantive due process
 services actually rendered o Ynot v IAC: Police Power: SC will determine
 activities performed whether lawful subject and lawful means test.
 indebtedness of the beneficiaries  IF one of these tests is violated, then
 use or occupation of the property there is a violation of substantive due
process.
o Intrinsically EO 206 A is invalid. The law itself
shall be unconstitutional
ARTICLE III – BILL OF RIGHTS Aspects of Due Process (Nachura; Coffee Notes)
Sec 1 Art 3 No person shall be deprived of life, liberty or 1. Substantive – serves as a restriction on
property without due process of law, nor shall any government’s law and rule making powers
person be denied the equal protection of the laws a. the interest of the public in general, as
distinguished from those of a particular class,
1. DUE PROCESS
require the intervention of the state
 Delegate J Laurel (cited in Ynot v IAC) – due process b. the means employed are reasonably
clause is not like some any other provision of the necessary for the accomplishment of the
constitution laying down some immutable and
MATEO, MMF 2019
purpose and not unduly oppressive on - While PI is statutory in its concept, it is an essential
individuals part of criminal due process; procedural aspect pf
2. Procedural – serves as a restriction on actions of due process
judicial and quasi-judicial agencies of the - Effect of the violation: Invalidation of the
government information. The law which is the basis of the PI
remains to be valid. Only the procedure which
violates the procedural due process shall be
Due Process Cases: considered as invalid
Ichong v Hernandez (Balancing of interest in due
process)
2 Facial Challenge on the Constitutionality of a statute
Philippine Phosphate Fertilizer Corp v Torres 1. Void-for-vagueness Rule
- The concept of hearing in administrative 2. Overbreadth Doctrine
proceedings is only the opportunity to explain
either in pleadings, position paper or memoranda;
not limited to trial type hearing. PhilComSat v Alcuaz (Rate-fixing power exercised in a
- the right to hearing as an element of due process quasi-judicial manner requires prior notice and
does not call for a trial type hearing hearing)
- the essence of due process is simply an - Administrative Agencies, in issuance of rules and
opportunity to be heard, an opportunity to explain regulations must comply with the minimum
one’s side or an opportunity to seek requirements of notice and hearing.
reconsideration of the action or ruling complained - Re: Rule making power
of. o Notice and hearing are not essential to the
validity of administrative action where the
Ynot vs IAC administrative body acts in the exercise of
- essence of due process: “strike but hear me first” executive administrative or quasi-legislative
- The essence of the procedural due process in functions
administrative proceedings is the right to be o But where a public administrative body acts in a
informed and the opportunity to a hearing. judicial or quasi-judicial matter, and its acts are
- Minimum requirements: notice and hearing particular and immediate rather than general
- Flexibility, resiliency, adoptability and prospective, the person whose rights or
property may be affected by the action is
Alonte v Savellano (Criminal Due Process) entitled to notice and hearing.
- essential requisites of criminal due process: - In lowering down their rate, there must be notice
 court trying the case is properly clothed w and hearing.
judicial power to hear and determine the
matter before it Rule making power Rule making power
 jurisdiction is lawfully acquired by it issued in the exercise of issued in the exercise of
 accused given the opportunity to be heard Quasi-Judicial Administrative,
 judgment rendered only upon lawful hearing executive or quasi-
- the waiver of the right to be heard on specific legislative
issues is not a waiver to be heard on other - Order is specific - order is general
issues!!!!! - effect is immediate - effect is
o Waiver in this case is on the hearing on the issue & retroactive prospective
of voluntariness and due execution (voluntary - must comply with - no need for prior
desistance of the private respondent the twin notice or hearing
Punongbayan) but as to the culpability and as to requirements
the innocence of the accused, the defense still Example: reduce the
has the right to present evidence Example: Reimburse all rates of all the tnvs
the customers of the
Aniag v COMELEC (The right to preliminary tnvs
investigation, although does not emanate from the
constitution is an essential element of criminal due
process) Requisites for judicial proceedings
MATEO, MMF 2019
1. there is an impartial court or tribunal clothed 3. they shall be informed of the evidence against
with judicial power to hear and determine the them
matters before it 4. they shall have the right to adduce evidence
2. jurisdiction is properly acquired over the in their own behalf; and
person of the defendant and over the property 5. the investigating committee must consider the
which is the subject matter of the proceeding evidence of the students
3. the defendant must be given an opportunity to - In the 5 requisites, the right to cross-examination
be heard was absent. As long as the students are given the
4. judgment was rendered upon lawful hearing opportunity to explain, informed of the evidence
and based on evidence adduced against them and present their defenses, the right
of due process was complied with.
Ang Tibay v CIR
- cardinal primary rights in administrative due Sps Romualdez v COMELEC
process
- CIR (administrative agency) Southern Hemisphere Engagement Network,
1. right to a hearing, which includes the right to Inc v Anti-terrorism Council
present one’s cause and submit evidence in
support thereof
2. the tribunal must consider the evidence  Void-for-vagueness – a statute suffers from
presented the defect of vagueness if it lacks
3. the tribunal must have something to support comprehensible standards that men of
its decision common intelligence must necessarily guess at
4. the evidence must be substantial its meaning and defer as to its application
 Standard of Evidence in Admin proceedings: o 2 reasons why vagueness is
Substantial evidence is more than a mere unconstitutional
scintilla but it is a degree of evidence that a  Violates due process because it
reasonable mind might accept as sufficient to deprives a person particularly those
support a decision targeted by it a fair notice of the
5. the tribunal must render its decision based on conduct to avoid
the evidence presented at the trial or at least  it gives the law enforcers charged
contained in the records and made known to with the implementation of the
the parties law an unbridled discretion and
6. the tribunal must consider the case based on thereby becoming an arbitrary
an independent consideration of the facts and flexing of government muscle
the law and not only accept the views of the o laws which are void for being vague
subordinate in arriving at a decision violates due process clause and violates
7. admin agency must render its decision that the standard for valid delegation
parties would know the issues involved and because it becomes an unbridle
the reason for the decision discretion
 to be valid, delegated authority
Ateneo de Manila v Judge Capulong (School must map out the boundaries of
disciplinary proceedings) (Lenny Villa | Aquila Legis) the authority of the delegate to
- During the investigation they were demanding that prevent it from running riot or
all the witnesses presented before the committee becoming a roving commission
should be confronted by the respondent students;
right to cross-examination, denied.  Overbreadth Doctrine – decrees that
- TRO, RTC QC. Reversed by SC: governmental purpose to prevent or regulate
- Element of due process in school administrative an activity which is subject to state regulation
proceedings ( may not be achieved by means which sweep
1. the students must be informed in writing of unnecessarily and broadly and thereby
the nature and cause of any accusation encroaching or invading protected areas of
against them freedom
2. that they shall have the right to answer the
charges against them with the assistance of SPARK v QC
counsel, if desired: - Ordinances of Manila, Caloocan and QC
o Unconstitutional, Manila and Caloocan
MATEO, MMF 2019
 Curfew ordinance was not narrowly Prohibits third party Allows third party
drawn. In their objective to preserve the standing
security and safety of the students, the
ordinances prohibits minors from getting One can challenge
out of their house during their curfew the constitutionality
time of a statute only if he
 Valid exemptions in the constitution were asserts a violation of
not included in the list his own rights.
 Even if the children were engaged in Unconstitutional as Entire law
the religious freedom, ex simbang applied to the litigant
gabi, they are covered by the curfew
ordinances. The law is overbreadth Vagueness Overbreadth
because it is already invading on A statute that is vague,
some protected liberties if it lacks It decrees that a
 Even if the students are exercising comprehensible governmental purpose
their right to expression during standards that men of to control or prevent
curfew time, covered. common intelligence activities
 Too broad as it encroaches the protected must necessarily guess constitutionally subject
liberties at its meaning to state regulations may
o QC, valid not be achieved by
means which sweep
As-applied unnecessarily broadly
- Considers only extant facts affecting real litigants and thereby invade the
area of protected
Facial Challenge freedoms
- Is an examination of the entire law, pinpointing its Reason for unconstitutionality
flaws and defects, no only on the basis of its actual It violates due process Absence of less
operation to the parties, but also on the for failure to accord restrictive means in
assumption or prediction that its very existence persons, especially the achieving compelling
may cause others not before the court to refrain parties targeted by it, state interest
from constitutionally protected speech activities fair notice of the
conduct to avoid
As-applied v facial challenge (Southern Hemisphere In the context of freedom of expression
case) Both are applied to free speech; they produce
As-applied Facial challenge facial invalidation because of çhilling effect upon
Criminal proceedings Free speech, religion protected speech
cases In the context of criminal statute
Considers only extant Is an examination of the Both doctrines as grounds for facial challenge are
facts and real litigant entire law, pinpointing its not applicable in penal statutes
flaws and defects, not Howver the court, (in Inapplicable to plain
only on the basis of its Estrada Case and other general statutes that
actual operation to the cited authorities) generally bear an in
parties, but also on the engaged in a vagueness terrorem effect in
assumption or prediction analysis of the therein deterring socially
that its very existence subject penal statute as harmful conduct.
may cause others not applied to the therein
before the court to petitioners inasmuch as
refrain constitutionally they were actually
protected speech or charged with the
activities pertinent crimes
challenged on
vagueness grounds1
2. EQUAL PROTECTION CLAUSE

MATEO, MMF 2019
- the persons or things similarly situated shall be 3. raised at the earliest possible opportunity
treated alike, both as to the rights conferred and the 4. lis mota of the controversy
liabilities imposed. The classification would still be valid. There is no
- uniform equality? No. only equality among equals need to apply these requisites.
(villegas v hiu chong) 
Applicable to the three departments; to all the  Reasonable classification shall be taken from the
government agencies context of the law involved and the factual
circumstances.
TO DETERMINE WHETHER TO EXERCISE DUE PROCESS o Stare decisis does not apply in determining
OR EQUAL PROTECTION: (Biraogo v PTC) reasonable classification
 Arbitrariness in general can be challenged on the
ground of due process
 But when the particular act assailed partakes of d. Must apply equally to all members of the same
unjust or illegal discrimination, the sharper class
weapon to cut it down shall be the equal
protection of the law. 3 tests in determining compliance in the Equal
Protection Clause:
Equal protection of the law is against 2 evils:
1. Against undue favor or class or individual 1. Rational Basis Test – guaranty of the law is not
legislation violated by legislation based on reasonable
2. Against unjust discrimination or oppression of classification
inequality - applies when the classification does not fall in either
intermediate and strict scrutiny test
Scope:
 Economic
 Political 2. Intermediate Scrutiny test –
 Social - affects a quasi suspect class but the classification does
not interfere with the exercise of the constitutional
Classification rights
 the grouping of persons or things that are similar in - it is used as a test for evaluating classifications based
certain particulars but different in others in the on gender and legitimacy
same particulars. - the government must show that the challenged
 The same characteristics that bind the group are classification serves an important state interest and
the same characteristics that set them apart from that the classification is at least substantially related to
other groups. serving the interest
REASONABLE CLASSIFICATION: 3. Strict Scrutiny Test – applied when the challenged

a. Substantial Distinctions which make for real statute either:
differences  classifies on the basis of an inherently suspect
characteristic
b. Germane to the purpose of the law  infringes fundamental constitutional rights
o the distinctions which are the bases for the  focus is on the presence of substantial,
classification should have a reasonable governmental interest and on the absence of
relation to the purpose of the law less restrictive means for achieving that
* Discussion,(Substantial Classification, Germane to the interest, and the burden befalls upon the State
purpose of the law) to prove the same
> blacks, whites,. To be substantial, must not Intermediate
Rational Basis Strict Scrutiny
be superficial. Scrutiniy
> male, female (1935 constitution), women not As to applicability
allowed to vote. Not valid. T Legislative Legislative Legislative
c. reasonableness of classification not limited to classifications classification classifications
existing conditions in general, based on affecting
 Note that even if it does not comply 4 requisites of such as those gender or fundamental
judicial inquiry pertaining to legitimacy rights or
1. actual case or controversy economic or suspect classes
2. raised by a proper party
MATEO, MMF 2019
social - Retail trade, an industry imbued w public interest.

legislation Hard to put the interest in the hands of the aliens.
which do not Classification based on citizenship. SUBSTANTIAL
affect DISTINCTION
fundamental - the equal protection of the law clause is against the
rights or undue favor and individual or class privilege, as
suspect classes well as hostile discrimination or the oppression of
or is not based inequality. It is not intended to prohibit legislation,
on gender or which is limited either in the object to which it is
legitimacy directed or by territory within which it is to
As to Legislative Purpose operate.
Must be Must be Must be - It does not demand absolute equality among
legitimate important competing residents; it merely requires that all person shall be
As to Relationship of Classification to the Purpose treated alike, under like circumstances and
Classification Classification Classification conditions both as to the privileges conferred and
must rationally must be must be liabilities enforced.
be related to substantially necessary and - PARITY PROVISION: American Citizens and
legislative related to the narrowly American Corporations allowed too exploit and use
purpose legislative tailored to natural resources in the PH. Thus in 1935
purpose achieve Constitution,
legislative
purpose International school alliance of educators v
Quisumbing:
 Regulation: discriminatory (Filipinos paid less than
Determination of Test to be applied foreign professions performing same job
- Dependent on the nature of the rights affected;  Private school: equal protection not applicable
whether fundamental or not, and the character of because available only against the government
the persons allegedly discriminated against,  Applied law: equal pay for equal work (Labor
whether belonging to suspected class or not Code), thus regulation is invalid
 Valid if they pay Filipinos more than the foreign
People v Vera professors (same job, same duties) because the
filipinos are being singled out for favorable
- (Probation Law) Law that discriminates v the law treatment
only allows discrimination. No DIFFERENCE. BOTH
VIOLATES EQUAL PROTECTION OF THE LAWS Villegas v Hiu Chong
- a law may appear fair on its face or impartial in - Violation of equal protection of the law because it
appearance, yet if it permits unjust and illegal applies equally
discrimination, it is still subject to the - Employment fees for all aliens without regard to
constitutional prohibition their conditions (rich, poor etc); unconstitutional
- in other words, statutes may be adjudged for failure to recognize material differences.
unconstitutional because of their effect in - The uniform application of the law to persons or
operation. If a law has the effect of denying the things that are not similarly situated also violate
equal protection of the law, it is unconstitutional. the equal protection of the law because equal
- Yick Wo v Hopkins: Law: laundry business shall be protection of the law only requires equality
in buildings made out of bricks. among equals.
o Though the law itself be fair on its face and - Application to persons who are not equals violates
impartial in appearance, yet if applied by public the equal protection guarantees.
officers with an evil eye and an unequal hand so - a law that does not specifiy the manner of exercise
as to make discriminations between persons in of discrirmination is violative of equal protection
similar circumstances material to their rights, the clause.
violation of substantial justice is still within the
prohibition of the constitution. People v Cayat
- degree or level of civilization, valid.
Ichong v Hernandez - Law: prohibiting possession and use of intoxicating
- Substantial Classification: spirits which are non traditional to non Christian tribes
(referring to indigenous cultural communities)
MATEO, MMF 2019
-
- Act No 1639 satisfies these requirements. It is not
based upon “accident of birth or parentage”, as counsel Quinto v COMELEC (Hello check full text hehe)
for the appellant asserts, but upon the degree of - Elective vs appointive officials
civilization and culture.
Biraogo v PTC
Dumlao v COMELEC - EO 1 was challenged: only applicable to violations
 Age is a valid classification in government of law committed by the immediately preceding
service administration
- Arroyo is just a member of the class: class of past
SPARK V QC administration
 Age can be a basis of classification - The classification must apply equally to all
 The curfew ordinances only apply to minors; based members of the same class.
on substantial distinctions - DOCTRINE OF UNDER EXCLUSIVENESS: enact
 Minors are subject to influences and may be another EO to include other administrations
vulnerable to crimes committed during night time o Applicable only when the insufficiency 0f the law
 Classification furthers the compelling state interest is only by mere inadvertence. But if the
o Requirement (strict scrutiny) insufficiency is deliberate, intentional, it cannot
 Compelling state interest be applied.
 Least intrusive means
PASEI v Drilon Almonte v Vasquez

 Gender is a valid classification. - Public v Private Sector
- The preference for female workers rests on o Private Sector, need to meet the witness face to
substantial distinctions. Purpose of the DO is to face; Public Sector, anonymous complaints are
protect the women. allowed
- As a matter of judicial notice, the Court is well - Acceptance of unsigned complaints against
aware of the unhappy plight that has befallen our government officials does not amount to unjust
female labor force abroad, especially domestic discrimination.
servants, amid exploitative working conditions
marked by, in not a few cases, physical and Ormoc Sugar Co., Inc v Treasurer of Ormoc City
personal abuse. - The classification must not be limited to existing
- It is evidence capable indeed of unquestionable conditions only.
demonstration and evidence this Court accepts.
Distinctions are borne by evidence; discrimination SEARCHES AND SEIZURES
in this case is justified.
Sec. 2 | The right of the people to be secured in their
- Reasonable classification: (Factors) persons, houses, papers and effects against
o J Fernando: When the classification is based on unreasonable searches and seizures of whatever nature
distinctions that make real differences such as shall be inviolable, and no search warrant or warrant of
infancy, sex, degree or level of civilization of arrest shall issue, except upon probable cause to be
indigenous cultural communities, citizenship, the determined personally by the judge, after examination
better rule is only to allow their validity only if under oath or affirmation of the complainant and the
the young and the old, women, the indigenous witnesses he may produce, particularly the place to be
cultural communities and the Filipinos are searched or things to be seized.
singled out for favorable treatment. But if the
classification is intended to discriminate them, 2 parts:
the law will be considered as unconstitutional. 1. Constitutional guarantee against unreasonable
searches and seizures
Himagan v People 2. Requisites of warrant
- Police officers may be distinguished from other civil
servants without violating equal protection SCOPE OF PROTECTION
- The classification in one case will not apply to other
cases (referring to the rule in Biraogo that the What is probable cause
classification must apply equally to all members of - Refers to such facts and circumstances antecedent
the same class) to the issuance of the warrant, that are in
MATEO, MMF 2019
themselves sufficient to induce a cautious man to - Law enforcement officer – public officer who has a
rely upon them and act in pursuance thereof. duty to arrest offenders of law and to investigate
- For Search: such facts and circumstances which violations of crimes or commissions of crimes
would lead a reasonably discreet and prudent man - Mere observation on the part of the NBI does not
to believe that an offense has been committed and make it a search or seizure of a law enforcement
that the objects sought in connection with the officer
offense are in the place sought to be searched.
- Arrest: such facts and circumstances which would
lead a reasonably discreet and prudent man to Search Warrant (Sec 1, Rule 126) - an order in writing
believe that an offense has been committed by the issued in the name of the Philippines, signed by a judge
person sought to be arrested. directed to a peace officer, commanding him to search
for personal property described therein and bring it
Requisites of a valid warrant: before the court.
1. purpose of the search
2. object sought to be searched Q: can the court issue a search warrant for a search &
3. Existence or absence of pc seizure of RP? No.
4. circumstances in which the seizure was made 2 duties:
1. Look for the property describe in the warrant
2. Bring this property before the court.
Stonehill v Diokno  Immovable property cannot be brought into
- The right against unreasonable searches and court ok!!!
seizure is a personal right. (Nature of Search &
Seizure) Personal Property to be seized: (Sec 3, Rule 126)
- Artificial beings are also entitled to the guarantee  Subject of the offense
although they may be required too open their  Stolen or embezzled and other proceeds, or
books of accounts for the examination by the State fruits of the offense
in the exercise of Police Power  Used or intended to be used as the means of
- Indeed, it is well-settled that the legality of a committing an offense
seizure can be contested only by thee party whose
rights have been impaired thereby, and that the Validity of:
objection to an unlawful search and seizure is  search warrant: 10 days counted from the date
purely personal and cannot be availed by third of issuance regardless
parties. Ratio: if counted upon the receipt if the PO tasked to
- General Warrants are proscribed by the serve the warrant, the PO can unduly extend the life of
constitution the search warrant
o No warrant shall issue upon probable cause, to  Warrant of Arrest – valid until served. Can be
be determined by the judge in the manner set implemented even beyond the 10 day period.
forth in said provision o Rule 113 to make a return 10 days
o That the warrant shall particularly describe the upon the receipt of the warrant of
things to be seized arrest
- EXCLUSIONARY RULE
Requisites of a valid warrant:
People v Marti (Art 3 Sec 3 cannot be invoked against 1. Must be based upon probable cause
private individuals; canonly be invoked only when 2. PC must be determined personally by the
there is govermental intrusion) judge
- The constitutional guarantee against unreasonable 3. Det of PC after examination under oath or
searches and seizures applies only to government affirmation of the complainant and witness
interference and against law enforcement officers; 4. Particularly describe the places to be searched
cannot be invoked against private intrusions. or things to be seized
- The bill of rights governs the relationship between a. PO can identify the place, object,
the people and the state. Does not concern the person subject of the warrant.
relationship bet individuals. b. Hence, John Doe warrant allowed as
- “The protection of the fundamental liberties is the long as the warrant provides personal
essence of the constitutional democracy. description to identify who is the
Protection against whom? Protection against the subject of the warrant
state.”
MATEO, MMF 2019
c. Particularity of the description must officers must issue search warrants

rest to the description on the warrant *** (11:21 Day 1 Part 3c)
itself and not on the circumstances o Search warrant, probable cause.
which are personal to the serving Hence sui generis proceedings.
officers.
Warrant of arrest Valid Seizure of Evidence in Plain View:
1. The PO has prior justification for an initial
Permissible Warrantless Arrest (Sec 5, Rule 113) intrusion or properly situated in a location
1. In flagrante delicto - “when in his presence, where he as observed the existing legal order
the person is committing, is actually 2. PO discovered the incriminating evidence
committing or attempting to committing an inadvertently without conducting any search
offense” (modified in People v Del Rosario)
2. Hot pursuit – offense has just been committed; 3. Not only is the object readily apparent but also
no need for personal knowledge of the PO. the incriminating character of the object.
Effected as long as the arresting officer has a. Standard of evidence::: Probable
probable cause BASED ON PERSONAL cause – as long as the PO has PC to
KNOWLEDGE (conducting investigation to det believe that the object they observe is
the commission of the offense) a contraband, they can effect a
3. Arrest of a prisoner seizure of evidence in plain view.
 May be implemented not only by law
enforcement officers but also private persons NOTE: In order to effect a seizure of evidence in plain
o Private Person (Robin Padilla view, there must be prior justification for an initial
Doctrine) intrusion.
4. Arrest after escape or rescue (Sec 13, Rule
113) Mantaring v Roman (READ IN FULL!!!IM SO LOST)
5. Bondsman may effect the arrest of an accused - Mantaring, jr owner of the house. Warrant of
who is out on bail or may authorize other arrest can only named persons named in the
person (Sec 23 Rule 114) search warrant.
6. Arrest of an accused who is out on bail - Probable cause on diff probabilities
attempts to leave the PH without authority o Warrant of arrest
from the court which grants the application  A crime has been committed
from bail  Person may be probably guilty thereof
o Search warrant
Permissible Warrantless Searches and Seizures o The object sought are in relation to a
1. Search incidental to a lawful arrest crime
2. Custom searches o That they may be found in the place
sought to be searched
UNILAB v ISIP
 Search warrant proceedings are not criminal - It is now settled that in issuing warrants of arrest in
proceedings. Not directed against any specific preliminary investigations, the investigating judge
person must:
o Is a mode of discovery vis a vis John a. Have examined in writing and under
Doe proceedings. Any person in oath the complainant and his
custody of the private personal witnesses by searching questions and
property is covered by this answers
proceeding b. be satisfied that the probable cause
o Object is to obtain custody over a exists
personal property c. that there is a need to place the
o Not civil in nature even if private respondent under immediate custody
parties can participate because search in order not to frustrate the ends of
warrant proceedings are not involve justice
in the adjudication of civil properties
or issues Soliven v Makasiar (1988)
o Not admin proceedings: Standard of - Libel complaint filed by the Pres Aquino (hiding
evid: Substantial Evidence. Admin under her bed in 1987 Coup)
MATEO, MMF 2019
- For warrants of arrest, the judges are not required judicial question, determinable from a
to personally examine the complainant and his consideration of the circumstances involved,
witnesses. It is enough that the judge personally including the purpose of the search, the presence
evaluated the report of the public prosecutor as or absence of probable cause, the manner in which
well as the supporting affidavits but no personal the search and seizure was made, the place or
examination required] thing searched, and the character of the articles
- Only applies to warrants of arrest procured
- There are already antecedent proceedings before
the issuance of warrant of arrest in PI. Issuing judge o Oath (general Sense) (Alvarez v CFI)
may only rely on the regularity of the performance  includes any form of attestation to which
of duty of the public prosecutor. a party signifies that he is bound in
conscience to perform an act truthfully
Silva v Hon Judge of RTC of Negros Oriental (1991) and faithfully.
 It is not enough for the judge to issue warrants  Outward pledge giving by the person
based on examination of affidavits. The judge taking it that his attestation or promise is
must conduct searching questions and made under an immediate sense of
answers. Witnesses and complainant must responsibility to god
appear personally appear before the judge  Premised on belief in God
 Applies to search warrants (Sec 5 Rule 126) ||  “I do solemnly swear”
SEARCH WARRANT STRICTER! o Affirmation
 Stricter because there is no complaint yet. First o Premised on obligation to law
time that the complainant is being examined, o “i do solemnly affirm”. Does not have
being assessed that is why it is necessary for sentence “So Help me God”
the judge to conduct searching questions and
answers. Test of sufficient Oath
- When it is drawn in such a manner that the affiant
Salazar v Achacoso (Labor Secretary) may be held liable for any misdeclaration or false
 Invalidated art 38 Labor Code because it statements
authorizes sec of labor to issue search -
warrants or warrants of arrest for illegal Reliable Information is not enough. Cannot
recruitment cases convince a judge through hearsay. Dapat personal
knowledge.
Morano v Vivo
Harvey v Santiago People v Del Rosario
 22 suspected pedophiles were arrested in  Search warrant only for the shabu.
flagrante delicto!!! Accidentally stumbled upon unlicensed firearm
 SC Sustained the authority of the Commission in the canister | PLAIN VIEW DOCTRINE NOT
of BOI to issue warrants APPLICABLE
 Warrants to be issued by administrative  Gun subject to confiscation. Article being in
officers may be issued for a different purpose violation of the law.
not for the purpose of taking custody. Purpose  BUT THE MERE FACT THAT IT IS SUBJECT TO
is to execute the order of deportation. CONFISCATION DOES NOT NECESSARILY MEAN
EXECUTION OF A FINAL AND EXECUTORY THAT IT IS ADMISSIBLE IN EVIDENCE SINCE IT IS
JUDGMENT NOT INCLUDED IN THE WARRANT AND THE
o Applies to all administrative officers SEIZURE OF WARRANT IS NOT ONE OF THOSE
as long as the purpose is to execute a INCLUDED IN WARRANTLESS SEIZURES
final order, whether warrants of  Search warrant is not a sweeping authority
arrest or search warrant empowering a raiding party to conduct a
fishing expedition to seize and confiscate any
and all articles in relation to a crime.
Alvarez v CFI · re loans  CONSIDERED AS CONTINUING ONLY TO EFFECT
- All illegal searches and seizures are unreasonable A WARRANTLESS ARREST
while lawful ones are reasonable.
- what constitutes a reasonable or unreasonable Mata v Bayona
search and seizure in any particular case is a -
MATEO, MMF 2019
WARRANTLESS ARREST  When the PO left at the scene of the crime,

People v Sucro (In Flagrante Delicto) the chain of the events have already been
 Marijuana broken. Warrantless arrest, the chain of events
 In his presence only means that the police from the commission of an offense through
officers effecting the arrest see the the actual arrest must have been connected by
commission of the offense although at a unbroken links.
distance or heard the commission of the
offense and proceeded at once to the scene of People v Gerente **
the crime and effected the arrest.  Socially conscious neighbor heard the plan. (si
 PO has used any of his faculties in order to ate gurl)
observe the commission of an offense  Warrantless arrest is valid under hot pursuit.
 The determinative factor is the commission of
Umil v Ramos (Warrantless Arrest) the offense and the actual arrest. The lapse of
 Shooting incident happened day before the time is irrelevant. Must be unbroken. Must be
arrest. Subversion is a continuing crime! connected with kinks wc are unbroken.
 Even if the accused only being treated in the
hospital, deemed to be performing acts of WARRANTLESS SEARCHES
subversion
 Subversion considered as continuing crime; in Malacat v Court of Appeals
order to allow the state to effect a warrantless  2 fold interest:
arrest o General interest of effective crime
 Government need not need to wait for prevention and detection
another overt act in order to compromise the o For the more pressing interest of
safety and security of the government personal safety and security
 PO observing a group of muslim lads in Plaza
Go v CA (Hot Pursuit) Miranda; observed that they are acting
 Shooting incident in San Juan. Purpose is to suspiciously. Eyes moving too fast raw! When
confirm whether the petitioner is the subject he is about to approach the grp, boys ran to
of the manhunt. different locations. 1 guy may hand grenade
 Crime committed 6 days ago cannot be  Search incidental to a lawful arrest? NO. PRIOR
considered as one that “has just been VALID ARREST PRIOR TO WARRANTLESS
committed” SEARCH!!
Terry v Ohio – Posadas v CA (Stop & Search)

There is a difference between arrest and stop for  Stop & Search akin to stop and frisk
further investigation
Extensive Search v Frisk of the outer clothing Stop & Frisk Stop & Search
No need for PC PC required
Purpose of Stop & Frisk
 Is to continue the investigation without exposing Standard: trained and Standard: reasonably
the person of the police officer to danger that is seasoned police officer discreet and prudent
why it is limited only to the outer clothing of the man
person sought to be searched
POV: Police Officer POV: Ordinary Man
Objective of Stop & Frisk
- There must be a genuine reason based on the Extent of permissible
training and experience of the police officer to warrantless search:
believe that crime may be afoot body of the accused,
including those within
People v Rodrigueza his immediate control
 6 PM, confirmed use of Marijuana. 10 PM,
effected an arrest. No hot pursuit. People v Mengote
 In buy bust operations, once the illegal activity  Terry v Ohio: Stop & Frisk: where a police officer
is confirmed, they should have effected the observes unusual conduct which leads him
warrantless arrest at that moment. reasonably to conclude in light of his experience
MATEO, MMF 2019
that criminal activity may be afoot and that the  Must be free from coercion
persons with whom he is dealing may be armed or duress
and presently dangerous, where in the course of
investigating this behavior he identifies himself as a 9 factors to det that consent was voluntarily
policeman and makes reasonable inquiries, and given:
where nothing in the initial stages of the encounter a. Age
serves to dispel his reasonable fear for his own or b. Whether the accused is in a public or
other’s safety, he is entitled for the protection of secluded location
himself and others in the area to conduct a c. Whether the accused objected to the
carefully limited search of the outer clothing of search or passively looked on
such persons in an attempt to discover weapons d. Education and intelligence of the
which might be used to assault him. accused
o 2 revolvers were admitted; petitioners clinton e. Presence of menacing police
were acting suspiciously procedure
 While probable cause is not required to conduct a f. Defendants belief that no
stop and frisk, it nevertheless holds that mere incriminating evidence to be found
suspicion or a hunch will not validate a stop and g. Environment to which the search was
frisk. effected
h. Conduct of the PO in effecting the
search
People v Amminudin i. Possibly vulnerable subjective state of
Warrantless search | marijuana leaves the person consenting
Invalid warrantless search
o Search of moving vehicles
o Seizure during exigency or emergency
People v Malmstedt situations
(Stop and Search)???  Arrest not required for crimes punishable
 Probable cause has been defined as such facts and only for a fine.
circumstances which could lead a reasonable,
discreet and prudent man to believe that an Espano v CA (buy bust)
offense has been committed, and that the objects  Permissible Area of Warrantless Search. PO
sought in connection with the offense are in the searched the outer clothing of the accused
place sought to be searched. which yielded in the discovery of three
 The required probable cause that will justify a cellophanes of marijuana.
warrantless searches and seizure is not determined  Whether the 10 cp of marijuana after arrested
by any fixed formula but is resolved according to on the street, permissible warrantless search
the facts of each case as an incident to a lawful arrest? No. Only to
items found in his possession at the time when
Luz v People he is arrested is covered.
 Violation of Traffic Regulation (riding without People v Musa
helmet)  W the plastic discovered several meters away
 Apprehended near the police precint. Violation from the living room (plastic walang statement
only for a fine. While preparing ticket, PO if ano contents haha)
observed that the accused is frequently  Permissible extent of search - valid within
looking inside his pocket. Hence ordered the reach of the accused (Immediate Control)
accused to take everything inside his pocket;  Purpose:
accused took out everything without question. o Protect the person or the PO effecting
 7 warrantless searches! the arrest
o Stop and frisk o Prevent the accused from discarding
o Search incident to a lawful arrest or destroying evidence
o Consented search (requisites)  PRESUPPOSES THAT THERE IS A VALID ARREST
 The consent must be specific PRIOR TO THE SEARCH
 Consent must be  In order to effect a seizure of evidence in plain
unequivocal view, the incriminating evidence must be
 Must be intelligently given apparent, not only the container thereof.
MATEO, MMF 2019
 WHAT MUST BE APPARENT IS THE EVIDENCE 4. Where the occupants are not subjected to a
ITSELF, NOT MERELY A SIUGGESTION AS TO THE physical or body search
CONTENTS (referring to a ruling of the SC na 5. Where the routine check is conducted in aa
wala raw indication yung plastic as to the fixed area
contents)
Requisites of a valid checkpoint: (Abenes v CA)
1) It must be warranted by the exigencies of
PAPA v MAGO public order
CUSTOM SEARCHES 2) It must be conducted in a way least intrusive
Limitation: to motorists
- can be effected even outside the customs premises 3) The inspection of the vehicle is limited to a
- Even inside buildings, enclosures visual search
Objects that may be seized during warrantless custom Guazon v De Villa:

searches Aerial Saturation Drive (SONA)
- Dutiable goods – - PO cordon of a particular community, and then all
o imported items male person of the community will be flashed out
o items which are for export. of their residences; assembled in an open space
XPN: and required to take off their shirt for identifying
Dwellings (cannot be searched without a warrant under marks
a warrantless custom searches) - SC ruled that impliedly the PO can effect law
enforcement activities like ASD, The circumstances
People v Peralta allowed the President at that time to use
 Accused was arrested while he was waiting for extraordinary force in order to maintain peace and
a bus. (ahh pera na demonetized yung stineal) order; it is allowed under exigency or emergency
 Accused about to board a bus when arrested. situations
 Accused entered his plea of not guilty without - Rights of the persons subjected to these activities
challenging the validity of his arrest. Accused should be respected.
has already waived the validity of the arrest. - Houses should be protected, no taking of the shirts
(The arrest is not lawful) of the persons shall be respected.
o Waiver only to the validity of the - Right to privacy must be protected
arrest and not waiver of the validity
of the search Drug, Alcohol and Blood Tests under RA 9165
1. it must be random
Guanzon v De Villa 2. it must be suspicionless
Checkpoints
- Only visual searches Sec 3 | (1) The privacy of communication and
- PO can use flashlight in order to see the inside or to correspondence shall be inviolable except upon lawful
require the occupant of the vehicle to turn on the order of the court, or when public safety or order
light inside the vehicle requires otherwise as prescribed by law.
o Cannot be required to open the trunk, (2) Any evidence obtained in violation of this or the
compartment or any other enclosure preceding section shall be inadmissible for any purpose
- More extensive search can be allowed when the in any proceeding.
PO has probable cause to believe that the vehicle
or the owner is involved in a crime Requisites of Existence of Right to Privacy: (Pollo v
Constantino-David)
People v Manago: Routine inspections in checkpoints 1. A person has exhibited an actual expectation
are not regarded as violative of an individuals right of privacy (subjective))
against unreasonable searches, and thus, permissible if 2. The expectation is one that society is prepared
limited to the ffg: to recognize as reasonable (Objective)
1. Where the officer merely draws aside the
curtain of a vacant vehicle which is parked on Ople v Torres
the public fair grounds - AO 308
2. Simply looks into a vehicle - While there is no specific constitutional provision
3. Flashes a light therein without opening the that guarantees the right to privacy in all its aspect,
car’s doors zones of privacy are created by the constitution.
MATEO, MMF 2019
2 categories of Privacy (Wallen v Roe??? OMG BUNGOL

 Greeceworld v Connecticut: (Prohibits the use of DI KO MAGETS HAHAHAH)
contraceptives haha) 1) Decisional Privacy
- The concept of limited government always - refers to the right to be independent in making
included the idea that the governmental powers is certain important decision
stop short at certain intrusions into the personal - right not to disclose one’s choices
life of an individual.  Govt cannot interfere in the decision making
- (Limited v Absolute Government) process of an individual because it is covered by
o Ultimate and pervasive control in the life of the DP
individual in all aspect of his life is an hallmark of 2) Informational Privacy
an absolute government  2 aspects
o Limited government recognizes a private sector o Right not to disclose their personal
which belongs to the private individual which information
clearly distinguishing it from the public sector o Right to live freely without
which the state can control surveillance and interference
- various provisions in the bill of rights create zones 3) Locational or Situational (cited in Vivares v St
of privacy Theresas College: but Atty Gab said that we
can say that locational is embraced in
 Zones of Privacy (1987 Constitution) informational jsyk) – refers to the information
o Sec 1 DP/EP about the location of a particular person or
o Sec 2 Right against unreasonable searches situation of a particular person
and seizures
o Sec 3 Privacy of communication and Vivares v St Theresas College
correspondence - SC ruled in online social networking environment,
o Sec 6 Liberty of abode and travel the privacy is no longer grounded in reasonable
o Sec 8 Right to Free Association expectations but rather on theoretical protocol
o Sec 17 Right against Self-incrimination better known as wishful thinking. No such online
privacy in online social networking.
- Contention of Public Respondent: - There are certain levels of privacy settings; even for
No right to privacy on transaction w the “for me” privacy settings, there is such a disclaimer
government bc under the national id system, the in FB that the privacy settings are not full-proof.
transactions of one person in one govt agency can - Students have not shown indication that they
be shared w other govt agency. No expectation of intend those pictures to be private
privacy. SC: NO
Belo v Guevara (AM)
2 test in order to determine whether there is a - Guevara posted on FB: Belo as Frankenstein Doctor,
reasonable expectation of privacy: Quack Doctor. Claimed that those statements are
o Subjective Test -the individual by his conduct had private; only for my friends
expected an expectation of privacy - SC ruled that NO. The setup in FB is different; even
o Objective Test - that expectation is accepted by if the statement is made only to friends, that
the society as reasonable friends has several friends who also has several
- J. Fran..whut: Right most valued by the civilized friends. Original audience of 100 could multiply to
men because as the society advances, all the forces million fold
of technological advances, operate to narrow the - In order to be entitled to right to privacy, the actor
right to privacy. must show that he has exhibited an expectation of
- Essence of the right to privacy is the right to be left privacy; that expectation must be considered as
alone. reasonable
When may be compelled to disclose personal NOTE: People v Marti – Bill of rights governs the
information without violating the right to privacy: relationship bet the individual and tee state; not
1) Crime has been committed concerned in the relation of two private individuals;
2) Compelling state interest in the disclosure BOR does to create forbidden zones of privacy
3) The law must be narrowly drawn inaccessible by any power holder
Q: BOR Cannot be violated by any private person?
Disini v SOJ
Zulueta v CA
MATEO, MMF 2019
- The intimacies between the husband and wife do BY USING ANY OTHER DEVICE OR ARRANGEMENT
not justify any of them from breaking the drawers BY SECRETLY OVERHEARING, INTERCEPT OR
and ransacking them for any tell tale evidence of RECORDING THRU THE USE OF DICTAPHONE,
marital infidelity. A person by contracting marriage WALKIETALKIE ETC
does not shed his integrity or his right to privacy - The use of the word “any” means that it applies
and the constitutional guarantee is ever available even to the parties to the private communication
to him or to her. or to the spoken word
- Conversation included (cited in the deliberation
Sec 2, create zones of privacy of ones person, houses, conversation and communication are used
papers and effects against the government; interchangeably); etymology of the word,
comunicare. (not sure sa spelling lol)
Sec 3 creates a zone of privacy on ones communication
and correspondence against any person whether the Q: If intercepted or overheard by a third party through
government or private individual the use of extension telephone line?
(Marti v Zulueta Cases, reconciled) Gaanan v IAC

Evidence: paper and communication - not violation of RA 4200, extension telephone line
Paper covered by Sec 2, communication, Sec 3 not enumerated under the law which can be used
 A letter is both a paper and a communication in violating the law.
 That single evidence is admissible and - The catch-all phrase cannot be applied, extension
inadmissible at the same time; depends on the telephone line cannot be interpreted to mean that
purpose. it is similar to those first mention under the
o Object evidence, Sec 2 shall apply. principle of ejusdem generis
Admissible. - Q: Can the lawyer who overheard the convo be
o If offered as a documentary evidence, presented to prove the matters that they have
sec 3 of Art 3. Proponent to prove the discussed?
contents of the letter! Procured - A: No. Violation of Sec 3, par 2. Art 3 which
without the consent of the owner, provides that any evidence obtained in violation of
inadmissible. this or the preceding section shall be inadmissible
in evidence for any purpose in any proceeding.
Zones of Privacy (other laws) - Not necessary that the violation of the privacy is a
 NCC (Torts) Prying into the privacy of ones criminal act as long as there is a violation of the
neighbor right to privacy, any evid obtained in violation of
 IP Trade secrets this is inadmissible.
 Bank Secrecy Law – making private banking
transactions Par 2, Sec 3, Art 3 known as the exclusionary principle:
 Data Privacy Act – referring to not only the primary evidence but also
 Anti-wiretapping act – RA 4200 derivative evidence
Navarro v CA Extra Kuda haha

- RA 4200 prohibits the unauthorized recording of Non-exclusionary Doctrine (Moncada Ruling???)
PRIVATE COMMUNICATIONS - The criminal cannot just be allowed to go squat
o How to determine the nature of the free just because the constabulary has blundered.
communication or the spoken word: the intent - Courts will still admit in evidence obtained in
of the parties which will determine the nature of violation of the constitution but impose criminal or
the communication admin sanctions against the erring public officer.
- Case at bar, the conversation happened inside the - Stonehill v Diokno: Abandoned the non-
police precinct. At the time the conversation exclusionary doctrine due to the statement of J.
happened there are other persons around; parties Learnhand: only in case the prosecution which itself
did not intend the communication to be private. controls the seizing officers knows that it cannot
profit by their wrong can the wrong will be
Ramirez v CA repressed.
- RA 4200 violated. Sec 1 Unlawful for ANY PERSON
not being authorized BY ALL THE PARTIES TO THE Sec 4 | No law shall be passed abridging the freedom of
COMMUNICATION TO TAP ANY WIRE OR CABLE OR speech, of expression, or the press, or the right of the
MATEO, MMF 2019
people peaceably to assemble and petition the Several theories and schools of thought which
government for redress of grievances. strengthen the need to protect the basic right of free
speech and other cognate rights (6)
5 cognate rights protected under the rule.  First, this relates to the right of the people to
1) Free speech participate in public affairs, including the right to
2) Free expression criticize government actions.
3) Free Press
4) Free Assembly o Proponents of the political theory on
5) Free Petition "deliberative democracy" submit that
"substantial, open, [and] ethical dialogue is a
Bayan v Ermita: the first point to mark is that the right critical, and indeed defining, feature of a good
to free assembly and petition, together with the right to polity."
free speech, expression and press, a right that enjoys
primacy in the realm of constitutional protections. o This theory may be considered broad, but it
Without such, all other rights under art 3 will become definitely "includes [a] collective decision making
meaningless; unprotected. with the participation of all who will be affected
by the decision." It anchors on the principle that
Q: Bakit nasa isang constitutional provision lang sila if the cornerstone of every democracy is that
1
so important and not in separate sections? sovereignty resides in the people.
Reyes v Bagatsing o On this note, the theory on deliberative

- J. Rutledge: it is not by accident or coincidence that democracy may evolve to the right of the people
the right to free speech is coupled with the same to make government accountable. Necessarily,
constitutional provision as the right to free press, this includes the right of the people to criticize
assembly, petition as well as expression because acts made pursuant to governmental functions.
while these rights are not identical, they are
inseparable. o Speech that promotes dialogue on public affairs,
or airs out grievances and political discontent,
Sec 4 is only available against the government. “NO should thus be protected and encouraged.
LAW SHALL BE PASSED”
Q: WHY IN 2 CASES, PBM & MALABANAN, SC o Justice Brandeis: "it is hazardous to discourage
DISCUSSED THE PRIMACY OF THESE CONSTITUTIONAL thought, hope and imagination; that fear breeds
RIGHTS? repression; that repression breeds hate; that
- Discussed the importance of the right to assembly hate menaces stable government; that the path
and petition in these cases to determine the of safety lies in the opportunity to discuss freely
reasonableness of the penalties. supposed grievances and proposed remedies."
- PBM: exercise their constitutional right; dismissal o Father Bernas
too heavy  Speech may be said to be intricately linked
- Malabanan: too heavy, suspension of 1 yr with the freedom itself as the right to
think is the beginning of freedom and
Diocese of Bacolod v COMELEC speech must be protected from the
- Extent of sec 4: government because freedom is the
o “no law” – refers to all governmental acts, act of beginning of thought.
the mayor(Primicias v Fugoso), resolution of the  Freedom start from the right to think, but
government (sws), letter of the law department the right to think starts from speech.
in the diocese of bacolod o Criticisms on government actions is a protected
o “expression”- (inserted by Commissioner Lino speech; to be protected, must be specific and
Brocka” – expression is more expansive than constructive and not only a generalized
speech. Bernas accepted the same to expand the denouncement on the entire government system
constitutional guarantee
 “speech” – not limited to vocal US v Bustos
communication. Conduct is often - the interest of the society and the maintenance of
considered as a mode of communication; good government demand full discussion of public
symbolic speech. (speech, conduct, affairs. Complete liberty to comment in the
incuding enaction) conduct of public men is a scalpel in the case of
free speech. The sharp incision of its probe relieves
MATEO, MMF 2019
the abscesses of officialdom. Men in public may - Re: Finality of decision referred to in this case:
suffer under hostile or unjust accusation, but the Decision being criticized can no longer be changed
wounds can be assuage in the bomb of clear by the public officer being criticized.
conscience. - Newspaper publications tending to impede the
- Public officers should not be too thin skinned in courts in administering justice in a pending suit or
relation to the comment to their official acts proceeding constitute criminal contempt which is
- Free speech through criticism is likened into a summarily punishable by the courts; that the rule is
scalpel otherwise after the case is ended.
o Scalpel, a surgical instrument to slice the flesh of
the patient; use scalpel not to hurt the patient Ayer Productions PTY Ltd v Capulong
but to expose the decease so the doctor can cure - Freedom of speech and of expression includes the
it freedom to film and produce motion pictures for
- Criticism as a protected speech, purpose is to bring public screening
out the social ill with the end view of curing it - Freedom of expression is available to foreign
- The guarantees of free speech assembly and owned motion picture companies, and is not
petition includes criticism of judicial conduct disqualified only because the motion picture is a
- The principle of privilege communication rest upon commercial activity
the principles of public policy although it may - The right to privacy of public figures is narrower
afford immunity to the evil disposed and the compared to ordinary individuals.
malignant slanderer  PUBLIC FIGURE (Profs Prosser and Keeton)
o a person who, by his accomplishments,
Kinds of privileged communication fame, or mode of living, or by adopting a
o Absolute – a statement that is totoalliy profession or calling which gives the public
balemeless whether crim, civil, admin a legitimate interest in his doings, his
 Ex sec 11 Art 6 (members of congress are affairs and character, has become a public
given immunity of speech) personage; a celebrity.
 Ex Pobre v Santiago (I am irate o It includes, in short, anyone which has
chuchu ni Santiago) arrived at a position where public
 Even if impelled with malice, totally attention is focused upon him as a person
blameless o Reason why they have lesser right to
o Qualified – privacy:
a. They sought publicity and consented
Borjal v CA to it
- The editorial is a qualified privilege communication b. Being public figures, life affairs and
because it is not one of those enumerated in 354, doings become public concern
RPC. c. Press had constitutional duty to
o Private communication made by one person to inform matters of public concern
another in the performance of legal moral social
duty Borjal v CA
o Fair true comments - Even not public figure and official, IF YOU ARE
o Any act of public officers in the discharge of their INVOLVED IN A PUBLIC ISSUE
functions
- The enumeration under 354 is not exclusive; there Groups who have lesser right to privacy
are other statements which are not privilege. 354 - Public officers
not the source of qualified privilege, the genesis is - Public figures
the constitution itself. - Private persons involved in a public issues (Borjal vs
CA)
People v Alarcon
- Admin of justice is a vital public concern
- Permissible criticisms against judicial officers:  Doctrine of Fair Comment
o Criticisms on terminated cases: free for all - Means that while in general every discreditable
o In pending decisions, there must be some degree imputation publicly made is deemed false, because
of restraint every man is presumed innocent until his guilt is
- Case at bar: pending case: judicially proved, and every false imputation is
- Criticism case at bar, RTC Decision: Appealed to the deemed malicious, nevertheless, when the
CA: discreditable imputation to a public officbial may
MATEO, MMF 2019
be actionable, it must either be a false allegation of ideas and the heat of the opposing interest that can
fact or a comment based on false supposition. find the embers of truth
- If the comment is an expression of opinion, based - In a democratic institution, there is no truth; the
on established facts, then it is immaterial that the ultimate truth.
opinion happens to be mistaken, as long as it might
reasonably be inferred from the facts.
- Third, free speech involves self-expression that
 New York Times Doctrine (J William Brennan) enhances human dignity. This right is "a means of
170
- Honest criticisms on the conduct of public officials assuring individual self-fulfillment," among
and public figures are insulated from libel others.
judgments.
- The guarantees of freedom of speech and press - In Philippine Blooming Mills Employees
prohibit a public official or public figure from Organization v. Philippine Blooming Mills Co., Inc,
recovering damages for a defamatory falsehood this court discussed as follows:
relating to his official conduct unless he proves that o The rights of free expression, free assembly and
the statement was made with actual malice. petition, (ARE HUMAN RIGHTS, ATTY GAB) are
not only civil rights but also political rights
essential to man's enjoyment of his life, to his
- Second, free speech should be encouraged under happiness and to his full and complete
the concept of a market place of ideas. fulfillment. Thru these freedoms the citizens can
participate not merely in the periodic
o This theory was articulated by Justice Holmes in establishment of the government through their
that "the ultimate good desired is better reached suffrage but also in the administration of public
by [the] free trade in ideas:" When men have affairs as well as in the discipline of abusive
realized that time has upset many fighting faiths, public officers.
they may come to believe even more than they
believe the very foundations of their own o Requirements of sec 4 diff from requirement
conduct that the ultimate good desired is better under proprietary rights
reached by free trade in ideas - that the best test
of truth is the power of the thought to get itself - Fourth, expression is a marker for group identity.
accepted in the competition of the market, and
that truth is the only ground upon which their o Free speech must be protected as the vehicle to
wishes safely can be carried out. find those who have similar and shared values
and ideals, to join together and forward common
o The way it works, the exposure to the ideas of goals.
others allows one to "consider, test, and
develop their own conclusions." - Fifth, the Bill of Rights, free speech included, is
supposed to "protect individuals and minorities
o A free, open, and dynamic market place of ideas against majoritarian abuses perpetrated through
is constantly shaping new ones. This promotes [the] framework [of democratic governance].
both stability and change where recurring points
may crystallize and weak ones may develop. o Federalist framers led by James Madison were
concerned about two potentially vulnerable
- Atty Gab: It is like a UFC event or an ultimate fight groups:
where all the opinions are thrown in the ring.
Whoever emerges as the victor is the ultimate  "the citizenry at large - majorities - who
truth because in the system of government there is might be tyrannized or plundered by
176
no ultimate truth despotic federal officials" and
 the minorities who may be oppressed by
- IN OTHER WORDS, IN ORDER TO BE CONSIDERED "dominant factions of the electorate [that]
AS A TRUTH, IT MUST BE ABLE TO COMPETE WITH capture [the] government for their own
177
OTHER TRUTHS selfish ends[.]"
 NOT INTENDED TO PROTECT THE
INC v CA MAJORITY; INTENDED FOR THE MINORITY
- When the luxury of time permits, speech should be OR UNPOPULAR VIEWS, NEEDS
met by more speech for it is the spark of colliding PROTECTION
MATEO, MMF 2019
- Fifth, Safety valve theory. - The degree of permissible regulation should also
depend on the nature of the regulation whether
Reyes v Bagatsing content based or content neutral
- This provides that "nonviolent manifestations of
180
dissent reduce the likelihood of violence[.]" "[A] Content-based Content-neutral
dam about to burst . . . resulting in the ‘banking up - when it regulates - Content neutral if
of a menacing flood of sullen anger behind the the substance of regulate the
181
walls of restriction’" has been used to describe the speech or the incidents of speech
182
the effect of repressing nonviolent outlets. speaker (time, space,
o Free speech must, thus, be protected as a - Test: clear and manner of speech)
peaceful means of achieving one’s goal, present danger – - Only needs to pass
considering the possibility that repression of that brings the O’brien test
nonviolent dissent may spill over to violent substantive evil by o Governmental
means just to drive a point. which the state has action is valid
o In order to avoid this situation and prevent the right to when it is within
people from resorting to violence, there is a protect. In the the constitutional
need for peaceful methods in making passionate absence of clear or powers of the
dissent. evil both government
o Non-violent manifestations of dissent reduces substantive and o Furthers an
the likelihood of violence eminent state important or
- Dangerous tendency test is not enough. Fear of cannot regulate substantial
serious injury alone cannot justify regulation of the this speech government
right to free speech. Men feared witches and interest
burned women, but it is the purpose of speech to o Suppression of
free men from the bandage of a rational fear. free speech,
(Primicias v Fugoso) incidental only
- BOR is the child of enlightenment. Back of the o Incidental
guarantee of free speech, power of the appeal to suppression is not
reason by all the peaceful means of gaining the more than what
access to the mind. It was in order to avert force is necessary to
and explosion due to restriction upon the rational achieve the
modes of communication that the right to speech legitimate
is given a generous scope; otherwise, they will take interest of the
up arms against the govt government
Political speech commercial speech SWS v Comelec

refers to speech "both has been defined as - NOT ALL SPEECHES ARE PROTECTED
12
intended and received speech that does "no - Chaplinsky v. New Hampshire, thus:
as a contribution to more than propose a - There are certain well-defined and narrowly limited
public deliberation commercial transaction. classes of speech, the prevention and punishment
about some of which have never been thought to raise any
issue," "foster[ing] - Ex. Absolute is the Constitutional problem.
informed and civic best water. Must o The lewd and obscene,
minded deliberation." be justified; o the profane,
substantiation, o the libelous, and
- Enjoys greater research - the insulting or 'fighting' words - those which by
protection than the their very utterance inflict injury or tend to incite
other (commercial an immediate breach of the peace.
speech)
Ex. Pres Du30 is the best Pita v CA
president without any - there must be guidelines in determining the
substantiation characteristic whether it is obscene v wholesome
- The core of the right to free speech is political o Kottinger Test: a literature is obscene if it has a
speech corrupting tendency
MATEO, MMF 2019
o Gonzales v Katigbak – Dominant theme test. - Right to assembly enjoys primacy in the realm of
Isolated passages alone shall never be enough. constitutional protection because they are not only
The dominant theme of the literature should be civil rights but also political rights
the determining factor
o Miller v California: Bayan v Ermita
 w/ work taken as a whole, applying - EO issued by the President: Calibrated pre-emptive
average contemporary community response (CPR) instead of the BP 880 SOP
standards will appeal to the prurient - If the law says that this is the standard, the
interests president cannot change it. The president has no
 w/ the word depicts in a patently authority to modify the law.
offensive manner sexual conduct as - BP 880 content neutral! 
defined by state law o Freedom parks – within 6 months from the
 w/ the work taken as a whole lacks effectivity of BP 880
serious, literary, artistic, political scientific  Cebu (Fuente de Osmena)
value  Manila (Sunken Garden)
o The determination of what is obscenity must o SC Warning: Failure to obey within 30 days from
be based on the literature involved; cannot be the finality of the decision of Bayan v Ermita,
determined as to past issues or future issues thus, failure, all public parks within the limits of
o In the end, obscenity is to be determined by the LGU shall be considered as public parks
the court applying these standards where no permit is required
De la Cruz v CA
Assembly and Petition (5:28 Day 1 3g) - Public school teachers who conducted their right to
Assembly – persons have the right to meet peaceably strike
for consultation purposes
Petition – the person can apply to the government BP Blg 880

without fear of penalty for redress of grievances
Sec 5 | No law shall be made respecting an
Primicias v Fugoso establishment of religion, or prohibiting the free
- The power to regulate the use of public places does exercise there of. The free exercise and enjoyment of
not authorize the mayor to prohibit assemblies; religious profession and worship, without discrimination
can only regulate the time, manner, place of the or preference, shall forever be allowed. No religious test
assemblies. shall be required for the exercise of civil and political
rights.DAY 1 4A, 1:15
Malabanan v Ramento
- Students also have the right to exercise assembly 2 guarantees
and petition because students do not shed their 1. Non-establishment of religion
constitutional rights at their school house gate but 2. Free exercise of religion
assembly of students must not materially disrupt
class work and should not involve substantial Austria v NLRC
disorder as well as invasion of rights of other - It is not about disciplinary measures impose n
students as well as the teaching staff (see coffee creed. It is about disciplinary measures imposed in
for enumeration, yung 3 requirements to exercise its employee. Er-ee relationship between the
in schools) church and its religious ministers.
- The mere attendance of disorder will not make the
assembly as illegal because it is rather to be Diocese of Bacolod v Comelec
expected that in public assemblies of people for - Not all acts done by priests, bishops, etc make such
grievances whether real or imaginary, the feeling is acts immune from governmental regulation. Even
always rotted to a high pitched of excitement. The religious have secular existence, they exist in a
greater the grievance, the more imperfect as a rule community regulated by law.
the disciplinary control of the leaders against its
members. Estrada v Escritor
- Valid as long as there is permit
2003 Decision:
PBM Employees v Phil. Blooming Mills
MATEO, MMF 2019
- Free Exercise Clause & Non-establishment clause,  Mandatory – accommodation or

are always in conflict; they cannot co-exist exemption of religious activity based on
- Under the non-establishment clause, it is a the constitution
guarantee that the state shall not do anything that  Ex. Par 3 sec 28 Art 6
will influence religion  Permissive – exemption of religious
o The stance of the government is always activity because of public policy
neutrality  Ex. Victoriano v Elizalde Rope
o Obligation of inaction workers association – exempting
o Prohibits government for inhibiting religious members of religious organization in
beliefs for rewards affiliating the union
- Free Exercise Clause – the government must
ensure that the people can enjoy their right to
religious profession; govt must do anything Aglipay v Ruiz
possible within its power for citizens to enjoy its Garces v Estenzo
religious freedom - sustained the use of public funds or property;
o Obligation of action funds are collected from solicitations from public
o Prohibits government for inhibiting religious persons using official time
beliefs for penalty - Not all use of public funds that have some religious
color is prohibited; allowed as long as there is
2006 some secular legislative purpose involved in
- Actually they can co-exist; are intended to deny activity.
the government the power to influence religious - Test: LEMON TEST!
beliefs and practices o Activity must have some secular legislative
- Not intended to serve different masters; to achieve purpose
the same objective! o Neither promotes or prohibits religion
o Does not foster excessive entanglement with
Questions that needed to be answered in cases religion
involving religion
INC v CA
Q1: what is religion Religious freedom, 2 aspects
Religion is the profession of faith to an active power 1. Freedom to believe – absolute
that binds and elevates man to its creator (theistic; 2. Freedom to act on one’s belief – subject to
belief in God) (Aglipay v Ruiz) regulation
Ang Dating Daan v Iglesia ni Kristo:

Estrada v Escritor: (extended definition of religion) - The issue involved is a violation of law and not who
- a system of belief, a philosophy, may be considered has a better doctrine.
as a religion if it complies with the 4 requisites! - When the exercise of religion destroys, the court
o belief in god or some parallel belief that cannot stand still; it must interfere.
occupies a central place in the believers life
o must involve a moral code transcending Estrada vs. Escritor –
personal beliefe - Q1: What standard must be applied in determining
o involve demonstrable sincerity the morality of the arrangement? - SECULAR
o involve associational ties morality and not religious because courts are
courts of law, they can apply no standards other
Wall of Separation than the law.
o Separationist Approach - Can it be exempted under Admin Code, RPC,
 Strict separationist – absolute Ethical Standards
impregnable wall that separates the o Compelling state interest viewed from
church from the state Benevolent Neutrality (3 questions must be
 Strict neutrality - religion cannot be used answered yes for the regulation to be applied to
as a basis to favour or discriminate religious activity)
religion (applicable to secular and religious  Have the statutes/laws created a burden
orgs) on the religious freedom? YES
o Benevolent Neutrality (accommodated by the  Is there a sufficient compelling state
consti) interest involve to justify the infringement
MATEO, MMF 2019
of the religious freedom? (there must be a Intentionally separated liberty of abode and right to
specific interest) YES travel ratio: to prevent hamletting.
 Did the state in achieving its governmental o Hamletting – isolation of a particular community
interest, used its least intrusive means from the rest of the country.
more than what is necessary to achieve its
purpose? NO.
 It is required that the interference IS Right to travel
THE ONLY WAY THAT THE - Marcos v Manglapus
GOVERNMETN CAN ACHIEVE ITS o There are only 2 activities covered
RELIGIOUS PURPOSE  Leave the ph and go to aother coutry
 Right to travel and freedom of movement
Ebralinag v Division Superintendent of Cebu within the PH
- The object of the admin code requiring the  Right to return to PH not included
mandatory singing of national anthem, recit of (deemed part of the legal system;
patriotic pledge and salute to the flag, is to generally accepted principles of
inculcate to the children love of country patriotism international law)
- if that is the objective, there are other least  As between these rights, level of
intrusive means like teaching them in class than protection is different
the mandatory singing o Order of the pres is valid because it is not
arbitrary. Valid restriction of the right to return
American Bible Society v City of Manila to one’s country
- What are tax exempt are those part of their
religious service/ ceremony Re: Residual powers!
- Ordinance 3000 applicable: that there is a need to - Every individuals has sovereign powers,
secure permit before the engagement of the represented by marbles,
activity. It does not abridge religious freedom - Surrenders the same for the benefit of the
common good
Imbong v Ochoa - People put all their marbles inside the jar
- Distribute the same to government organs
Application of tests on the exercise of religious freedom - Left over powers, does not belong to any of the
- Aside from religious freedom, right to assembly is three
involved: applicable test is clear and present - Can be exercised by the heads of the state
danger
- If only religious freedom, Genuino v Delima
- WLO, HDO - persons subject to leave the PH
without clearance from Sec of Justice
Sec 6 | The liberty of abode and of changing the same - The secretary of justice has no power under the
within the limits prescribed by law shall not be administrative code to issue orders to restrict the
impaired except upon lawful order of the court. right to travel
Neither shall the right to travel be impaired except in
the interest of national security, public safety, or public Manotoc v CA
health, as may be provided by law - 1973 constitution
- Order issued by the court as a condition of the
Liberty of abode right to bail that he shall make himself available
Valid Restrictions: when required by the court:
- Except upon lawful order of the court (legislative - SC: It is inherent on the powers of the courts of
act) justice to enforce its will on the parties to a
- within the limits prescribed by law controversy because judicial acts are territorial in
character.
Right to travel - To allow the accused to leave the Philippines
- freedom of movement within the Philippines without the authority of the court that granted the
- Does not include the right to return bail would be to allow the accused to be outside
- Can be impaired if there is a law, provided it is not the jurisdiction of the court; he will not be bound
arbitrary to comply w court orders
Silverio v CA
MATEO, MMF 2019
- Contention: While courts can restrict the right to - Before the right to be demandable:
travel, the courts can do so in the interest of public - 2 questions
safety and public health; cannot restrict for any o whether the transaction is one of public
other reason concern/interest
- SC: NO. power of the court to restrict the right to  Public Interest – wide spectrum of subject
travel as the condition for bail did not change; this matter by which the people wants to
is an inherent limitation on the right to travel know because
 either it directly affect their lives or
OCA v USDENS  the information is such a character
- Authority of SC to regulate the right to travel of the which will naturally arouse the
employees in the judiciary. There is no law interest of an ordinary citizen
authorizing OCA to restrict the right to travel; the o there must be a legitimate
restriction impairs the movement of the court public objective and not merely
employees curiosity!!!!
- Memo circular did not violate the constitutional o whether there is a law prohibiting its disclosure
guarantee on the right to travel as this is an admin
restriction issued by an employer to its employees, Chavez v PCGG
allowed to leave but subject to consequences.  Even if there is no law prohibiting their disclosure,
- Courts duty to insure that the activities of the as long as considered confidential, cannot be
courts will not be impaired by the absence of the disclosed
employee hence valid restriction.
o national security matters and intelligence
Sec 7 | The right of the people to information on information
matters of public concern shall be recognized. Access to o trade secrets and banking transactions
official records, and to documents and papers o criminal matters (law enforcement activities)
pertaining to official acts and transactions or decisions, o other confidential information.
as well as to government research data used as basis
for policy development shall be as basis for policy Valmonte v Belmonte
development shall be afforded the citizen, subject to - information of GOCC even if performing
such limitations as may be provided by law. proprietary functions are considered as one of
public interest or public concern particularly so
Shall be recognized – the constitution only recognizes it that the funds of GSIS are coming from
contributions of government officials.
Legaspi v CSC - While the information is one of public information
- Every right of the people recognized as or interest, the right to information does not
fundamental, there lies a corresponding obligation include the right to demand for list, summaries or
on the part of those who govern to respect and abstract. ONLY A RIGHT TO ACCESS TO THE
protect that right. INFORMATION. The person invoking such right
- Both provisions (sec 7, sec 28) are self-executing must prepare the list, abstracts, summaries
provisions, no need of implementing legislations
- The phrase “as may be provided by law” refers to (In re Production of Court Records and Documents and
reasonable limitations, conditions, regulations not the Attendance of Court Officials & Employees, Notice,
to the policy of full public disclosure, right to [February 14, 2012])
information; they became operative upon the
ratification of the constitution. To summarize these rules, the following are
- Administrative agencies do not have the power to privileged documents or communications, and are
prohibit; only the power to regulate not subject to disclosure:
- Regulate does not include restriction or outright
prohibition 1. Court actions such
- Regulations that may be implemented as the result of the raffle of cases and the actions
o To the extent that any damage to or lost to the taken by the Court on each case included in the
documents shall be prevented; agenda of court’s session on acts done material
o shall not interfere to the performance of public to pending cases
functions a. except where a party litigant requests
o persons who are equally entitled to such right information
may be respected on the result of the raffle of the case,
MATEO, MMF 2019
pursuant to Rule 7, Section - The right to information “contemplates

3 of the IRSC; inclusion of negation leading to the
b. xpn to the xpn: disciplinary cases, bar consummation of the transaction".
matters, rpc penalty life imprisonment - The contents of the MOA-AD is a
or higher matter of paramount public concern
2. Court deliberations or the deliberations of the M involving public interest in the highest
embers in court sessions on cases and matters order. In declaring that the right to
pending before he court; information contemplates steps and
3. Court records which are "predecisional" and negotiations leading to the
“’deliberative” in nature, in particular, consummation of the contract,
documents and other communications which are jurisprudence finds no distinction as to the
part of or related to the deliberative process, i.e., executory nature or commercial
notes, drafts, research papers, internal character of the agreement.
discussions, internal
memoranda, records of internal deliberations, Echagaray v Sec of Justice
and similar papers.
a. Predecisional if it precedes the decision
to which it relates; when it attempts to Sec 8 | Right to form associations “the right of the
reach to a conclusion people, including those employed in the public and
b. Deliberative – part of the give and take private sectors, to form unions, associations or
of the negotiation process societies for purposes not contrary to law shall not be
abridged.
Test: when the disclosure of information will
discourage candid opinions - Applicable to all. Can be enjoyed by students and
even those who are not working
4. Confidential Information secured by justices,
judges, court officials and SSS Employees Association v CA
employees in the course of their official - Extent of the right to association of employees in
functions (RA 6713) the Public Sector:
5. Records of cases that are still pending for - The constitution only authorizes public sectors to
decision are privileged materials that cannot be perform unions, associations or society;
disclosed, except only for pleadings, orders and - does not include the right to strike
resolutions that have been made available - While there is nothing in the constitution which
by the court to the general public. (Rule of Sub prohibits it, the nature of the functions of the
Judice) public sector allows the government to restrict
o Officially issued when it is placed inside the the exercise or enjoyment of this constitutional
envelope, addressed to the parties and guarantee
transmitted to the records section decision. - A law may declare a purpose contrary to law;
6. The principle of comity or inter-departmental congress may create laws re purposes which are
courtesy demands that the highest officials not allowed in the exercise of this right
of each department be exempt from the o EO 180, law.
from the departments.
o Covered: Standard
 Executive: President and by extension, o Relationship between the speaker and the one
Executive Secretary (Neri v Ermita) invoking the right
 SC: CJ + 15 Justices of the SC o Grievances raised during the
 Congress: ALL members assembly/concerted action
7. These privileges belong to the Supreme Court as
an institution, not to any justice or judge in his or Strike Association
her individual capacity.
Since the Court is higher than the individual justices Strike: employers and Assembly: citizen
or judges, no sitting or retired justice or judge, not employees
Recepient;
even the Chief Justice, may claim exception Subject of the government as an
without the consent of the Court. grievances: employer institution
Province of North of Cotabato v GRP

MATEO, MMF 2019
Grievances: er-ee issues are not er-ee  2 conditions in order that moratorium laws may
issues related (PBM) validly impair the oblicon
o Period of suspension must be specific
o Must be reasonable
 The true test of the constitutionality of a
In re: Edillon
moratorium statute lies in the determination of
- Extent of the right to association includes the the period of suspension of the remedy.
right to join and not to join
- Upon passing the bar, automatic a member of Valid impairment of the constitutional guarantee can
the bar; once becoming a member of the bar, in be done through the inherent powers of the state
order to be given roll of attorneys number, he through police power, eminent domain and power of
must choose the IBP chapter to which he wants taxation
to be associated with.
- The compulsory membership of a lawyer in the Lozano v Martinez
IBP foes not violate the constitutional guarantee Ortigas & Co. Ltd Partnership v Feati Bank & Trust Co
- The right to association can be regulate in the - The land has annotation on its back that it shall be
exercise of the power of the SC (atty Gab) used for residential purposes; used in this case as a
commercial land due to zoning ordinance
Victorio v Elizalde Rope Workers Union
- In every contractual obligation, there are 2 implied
- It can be a valid subject of contractual elements
stipulation; Union Security Clauses o All existing laws are deemed included in
the contract
NON-IMPAIRMENT CLAUSE (9:05 Day1 Part 4c)
o Includes a reservation on the part of the
Sec. 10, Art III, “No law impairing the obligation of
state to exercise the attributes of the
contracts shall be passed”
state as the postulate of its power
- Zoning regulation may impair the contractual
- To fall within the prohibition, the change must not
relations of the parties
only impair the obligation of the existing contract,
but the impairment must be substantial.
Is the non-impairment contract guarantee available
- Moreover, the law must effect a change in the
only against the congress?
rights of the parties with reference to each other,
and not with respect to non parties
Ganzon v Inserto
- NO. Applicable even to judicial decisions. The trial
When is there impairment of the obligations &
court cannot change the contractual obligations of
contracts?
the parties in violation of Section 10 art 3
- Every statute which changes or which introduces a
- Implication: Sec 10 applies to all government acts:
change to the express terms of the contract, its
Judicial, Legislative, Executive Acts, Local
legal construction, its validity, discharge or the
Legislative Council
remedy for its enforcement impairs the contract.
(Victoriano v Elizalde)
Sec 11. Free Access to the courts and quasi-judicial
bodies and adequate legal assistance shall not be
Is the extent of the change relevant?
denied to any person by reason of poverty
- No. because it is not the degree manner or cause
but of encroaching in any respect of the obligation
Free access to court is only a guarantee of availability of
and dispensing of any part of its force
legal remedies but with consequent obligation to pay
- Whether small or substantial, any change impairs
reasonable fees.
the contract
In deference, the ROC (Sec 21 Rule 3, Sec 19 Rule 131)
NOTE: The constitution allows impairment of the
allows indigent to litigate as paupers.
contract if the impairment is reasonable
Re: Prioreschi
Rutter v Esteban
- The clear intent and precise language of the
 Moratorium Law – is the postponement of
aforequoted provisions of the Rules of
fulfillment of obligation decreed by the state
Court indicate that only a natural party litigant may
through the medium of legislation
be regarded as an indigent litigant.
MATEO, MMF 2019
- Clearly, the Constitution has explicitly premised

the free access clause on a person's poverty, a People v Bolanos
condition that only a natural person can suffer. - CI begins when the investigation ceases to be a
general inquiry but starts to focus on a particular
Sec. 12 |
person as a suspect:
1) Any person under investigation for the
commission of an offense shall have the right to 4 requirements (CI)
be informed of his right to remain silent and to 1) Taken into custody
have competent and independent counsel 2) The one taking into custody is a law enforcement
preferably of his own choice. If the person officer
cannot afford the services of counsel, he must 3) inquiry must be conducted by law enforcement
be provided with one. These rights cannot be officers
waived except in writing and in the presence of 4) Ceases to ask general inquiry; question is specific
counsel.
2) No torture, force, violence, threat, intimidation, - Confessions made while on board the police
or any other means which vitiates the free will patrol on the way to the police station is already
shall be used against him. Secret detention part of the custodial investigation.
places, incomunicado, or other similar forms of
detention are prohibited. People v Andan
3) Any confession or admission obtained in - Ratio of CI. Preclude the slightest use of
violation of this or section 17 hereof shall be interrogation of the state to prevent the accused
inadmissible in evidence against him, from any compulsion to elicit statements
4) The law shall provide for penal and civil without apprising him of his constitutional rights.
sanctions for violations of this section, as well as - Confessions made voluntarily and spontaneously
compensation to and rehabilitation of victims of are not covered by the rights on custodial
torture or similar practices, and their families investigation.
- Confessions to the media are not part of
People v Judge Ayson
custodial investigation
Custodial investigation - Exclusionary rule is premised on the
presumption that the defendant is thrust to an
- The questioning initiated by law enforcement
unfamiliar atmosphere and runs through
officers after a person has been taken into
menacing Police investigation where the
custody or otherwise deprived of his freedom of
potentiality for compulsion, physical or
action in any significant way.
psychological is forcefully apparent.
I. before the cased is filed in court (or w the public
4 rights of a person under CI (ppl v J. ayson)
prosecutor, for preliminary investigation, but
1. Continuing right to remain silent and to have
after having been taken into custody or
counsel
otherwise deprived of his liberty in some
2. Right to be informed of his rights
significant way, and on being interrogated by the
3. Right not to be subjected to torture force
police: the continuing right to remain silent and
violence or other means which vitiates his free
to counsel, and to be informed thereof, not to be
will….
subjected to force, violence, threat, intimidation
4. Right to have evidence obtained in violation of
or any other means which vitiates the free will:
his rights inadmissible in evidence
and to have evidence obtained in violation of
these rights rejected
Not all rights can be waived. Cannot waived his right
II. after the case is filed in court
to be informed, not to be subjected to torture,
a. to refuse to be a witness
exclusion of evidence
b. not to have any prejudice whatsoever
result to him by such refusal
People v Pinlac
c. to testify to his own behalf, subject to
- As a rule, therefore, it would not be sufficient for
cross-examination by the prosecution
a police officer just to repeat to the person
d. WHILE TESTIFYING, to refuse to answer
under investigation the provisions of the
a specific question which tends to
constitution. He is not only duty-bound to tell
incriminate him for some crime other
the person the rights to which he latter is
than that for which he is prosecuted
entitled; he must also explain their effects in
MATEO, MMF 2019
practical terms (People v Ramos; People v

Caguioa) People v Wong Chu – CI: confession not limited to
verbal; signing included. Re-enactment also included.
Law Enforcement Officer
- One who is charged with the duty to arrest In other words, CI includes verbal investigation, acts
criminals and the duty to investigate violation of and signature :P
criminal laws
- PNP, NBI, Bureau of Investigation Agents, Mayor People v Dy
o People v Andan: Reporters are not law - Spontaneous statement not elicited through
enforcement officers; bill of rights questioning is not part of custodial investigation
intend to regulate relationship between - Contrary to the defense contention, the oral
the state and the private individual confession made by the accused to Pat. Padilla
 Had the reporters act in the direct that "he had shot a tourist" and that the gun he
supervision of the police officers, can had used in shooting the victim was in his bar
be considered as law enforcement which he wanted surrendered to the Chief of
officers Police (t.s.n.,October 17, 1984, pp. 6-9),is
o Auditors are not Law Enforcement competent evidence against him.
Officers; Main objective is to determine - The declaration of an accused acknowledging his
proper use of funds guilt of the offense charged may be given in
evidence against him (Sec. 29, Rule 130, Rules of
(Navallo v Sandiganbayan): Court).
- Audit examinations are not part of custodial - It may in a sense be also regarded as part of
investigation xx An audit examiner himself can the res gestae.
hardly be deemed to be the law enforcement o Res gestae literally means “things
officer contemplated in the above rule. done”.
o Part of res gestae literally means that
Gamboa v Cruz the statement is part of the things done.
- The uncounselled identification not part of CI; - The rule is that, any person, otherwise
still a general inquiry. PO did not ask anything competent as a witness, who heard the
from the accused. confession, is competent to testify as to the
substance of what he heard if he heard and
People v Macam understood all of it. An oral confession need not
- Any identification following the start of ci be repeated verbatim, but in such a case it must
becomes part of the CI. The uncounselled be given in substance (23 C.J.S. 196, cited
investigation of the accused made in a police in People vs. Tawat,G.R. No. 62871, May 25,
line-up is inadmissible in evidence 1985
People v Alicando
PEOPLE V NICANDRO - The exclusionary rule extends to evidence
- The fiscal has the duty to adduce evidence that obtained through uncounseled confession. It is
there was compliance with the duties of an not only the uncounseled confession that is
interrogating officer. condemned as inadmissible, but also evidence
derived therefrom. In other words, confession
Ho Wai Pang v People and all derivative evidence!
- Rights were violated because they were not
afforded of their right to be informed. Mere Fruit of the poisonous tree (J. Frankfurter, Nardone
reading of sec 12 not enough. v US)
- But sustained the conviction because of other - Once the primary source (the tree) is shown to
evidence presented; independent to CI. have been unlawfully obtained, any secondary or
- The admissibility of other evidence, provided derivative evidence (the fruit) derived from it is
they are relevant to the issue and is not also inadmissible.
otherwise excluded by law or rules, is not
affected even if obtained or taken in the course RA 7438
of custodial investigation. (Aquino v Paiste) CI definition, extended
- Re: immigration officers considered as law
enforcement officers
MATEO, MMF 2019
As used in this Act, "custodial investigation" shall f) Any person arrested or detained or under custodial
include the practice of issuing an "invitation" to a investigation shall be allowed visits by or conferences
person who is investigated in connection with an with any member of his immediate family, or any
offense he is suspected to have committed, without medical doctor or priest or religious minister chosen
prejudice to the liability of the "inviting" officer for by him or by any member of his immediate family or
any violation of law. by his counsel, or by any national non-governmental
organization duly accredited by the Commission on
Human Rights or by any international non-
SECTION 2. Rights of Persons Arrested, Detained or governmental organization duly accredited by the
under Custodial Investigation; Duties of Public Office of the President. The person's "immediate
Officers. — family" shall include his or her spouse, fiancé or
a) Any person arrested, detained or under custodial fiancée, parent or child, brother or sister,
investigation shall at all times be assisted by counsel. grandparent or grandchild, uncle or aunt, nephew or
niece, and guardian or ward. cd
b) Any public officer or employee, or anyone acting
under his order or his place, who arrests, detains or SECTION 3. Assisting Counsel. — Assisting counsel is
investigates any person for the commission of an any lawyer, except
offense shall inform the latter, in a language known  those directly affected by the case,
to and understood by him, of his rights to remain  those charged with conducting preliminary
silent and to have competent and independent investigation or
counsel, preferably of his own choice, who shall at all  those charged with the prosecution of
times be allowed to confer privately with the person crimes.
arrested, detained or under custodial investigation. If
such person cannot afford the services of his own
counsel, he must be provided with a competent and Sec. 13 | All persons, except those charged with
independent counsel by the investigating officer. cd i offenses punishable by reclusion perpetua when
evidence of guilt is strong, shall, before conviction, be
c) The custodial investigation report shall be reduced
to writing by the investigating officer, provided that bailable by sufficient sureties, or be released on
recognizance as may be provided by law. The right to
before such report is signed, or thumbmarked if the
bail shall not be impaired even when the privilege of
person arrested or detained does not know how to
the writ of habeas corpus is suspended. Excessive bail
read and write, it shall be read and adequately
explained to him by his counsel or by the assisting shall not be required.
counsel provided by the investigating officer in the Bail
language or dialect known to such arrested or - the security given by the accused for the release
detained person, otherwise, such investigation report
of a person in custody of the law, furnished by
shall be null and void and of no effect whatsoever.
him or a bondsman, conditioned upon his
d) Any extrajudicial confession made by a person appearance before any court as may be required
arrested, detained or under custodial investigation (R 114, ROC)
shall be in writing and signed by such person in the - the right to bail emanates from the right to be
presence of his counsel or in the latter's absence, presumed innocent
upon a valid waiver, and in the presence of any of the
parents, elder brothers and sisters, his spouse, the
4 Forms of Bail
municipal mayor, the municipal judge, district school
1. Cash deposit
supervisor, or priest or minister of the gospel as 2. Corporate surety
chosen by him; otherwise, such extrajudicial
3. Property bond
confession shall be inadmissible as evidence in any
4. Recognizance
proceeding. acd
e) Any waiver by a person arrested or detained Rule 114 Sec 2
under the provisions of Article 125 of the Revised Conditions of the bail; requirements. — All kinds of
Penal Code, or under custodial investigation, shall be bail are subject to the following conditions:
in writing and signed by such person in the presence (a) The undertaking shall be effective upon
of his counsel; otherwise the waiver shall be null and approval, and unless cancelled, shall remain in
void and of no effect. force at all stages of the case until
promulgation of the judgment of the Regional
MATEO, MMF 2019
Trial Court, irrespective of whether the case accused will pose a risk on his health; this is for
was originally filed in or appealed to it; humanitarian considerations.
(b) The accused shall appear before the proper - AC/MC not determinative factor in application
court whenever required by the court of these for bail
Rules;
(c) The failure of the accused to appear at the trial Note: Discretion of the court lies in the determination
without justification and despite due notice of weight of evidence of guilt, it is mandatory that
shall be deemed a waiver of his right to be there is hearing.
present thereat. In such case, the trial may
proceed in absentia; and Basco v Rapatalo
(d) The bondsman shall surrender the accused to - In the application for bail of a person charged
the court for execution of the final judgment. with a capital offense punishable by death,
reclusion perpetua or life imprisonment, a
hearing, whether summary or otherwise in the
Note: discretion of the court, must actually be
conducted to determine whether or not the guilt
- any person under detention, even if no formal against the accused is strong
charges have yet been filed, can invoke the right - After hearing and found that the evidence of
to bail (Teehankee v Rovira) guilt is strong/not strong, the discretion ceases.
- a person need not wait for detention by - Hearing is mandatory
voluntarily submitting himself to the custody of a o Det evidence of guilt
law enforcement officer; no need to wait for the o Det the proper amount of bail
service of WOA; he may submit himself to the - Discretion when exercised by the courts of
custody of law enforcement officer  justice, is the discretion governed by rule; must
- bail can be imposed to a person who is not not be arbitrary, vague and fanciful; must not be
an accused or who is not a party to bail based on humor.
under Rule 119, in order to secure the
attendance of a material witness Baylon v Judge Sison
Duty of the courts whenever an application for bail is
2 Kinds of bail filed before them
1. As a matter of right 1. Notify the prosecutor for the application for bail
a. Before or after conviction by the MTCs or require him to submit his recommendation
b. Before conviction of RTC not punishable 2. Conduct a hearing of the application of whether
by life imprisonment, RP, death or not the prosecution refuses to present
c. Before conviction of RTC punishable by evidence to show that the guilt of the accused is
life imprisonment, RP, death and strong for the purpose of enabling the court to
evidence of guilt is not strong. exercise its sound discretion
Conditions: 3. Decide whether the evidence of guilt of the
1. Person is charged by RP, Life accused is strong based on the summary of
imprisonment, death evidence of the prosecution
2. Evidence of guilt is strong 4. If the guilt of the accused is not strong, discharge
the accused upon the approval of the bail bond.
 If one of the two conditions is absent, BAIL IS A
MATTER OF RIGHT. - 3 day notice rule: to deny the 3 day notice to the
prosecution would be the denial of their right to
2. Discretionary prepare for their presentation of evidence to
a. After conviction of RTC not punishable establish the weight of evidence of guilt;
by life imprisonment, RP, death violation of the right to due process of the
b. Before conviction of RTC punishable by prosecution. MANDATORY!
life imprisonment, RP, death
c. Humanitarian Conditions Members of the AFP entitled to bail? YES.
Constitution says “all persons” without qualification
Enrile v Sandiganbayan
- Regardless of the stage of a proceedings, the Comendador v De Villa
weight of evidence of guilt, it is a matter of
discretion of the continued detention of the
MATEO, MMF 2019
- Members of the AFP do not have the right to judicial process. More pointedly, our duly
bail, this refers to Court Martial Proceedings. authorized representative’s signature on an
More entitled to speedy disposition of cases extradition treaty signifies our confidence in the
capacity and the willingness of the other state to
 In determining whether bail is a matter of right protect the basic rights of the person sought to be
35
or discretion, material consideration is penalty extradited. That signature signifies our full faith
for the offense charged and weight of evidence that the accused will be given, upon extradition to
of guilt. the requesting state, all relevant and basic rights in
 In determining the penalty to be considered the criminal proceedings that will take place
(supposing there is a difference at the time of therein; otherwise, the treaty would not have been
the filing of the information and at the time of signed, or would have been directly attacked for its
the filing of bail) regardless of the weight of unconstitutionality.
evidence of guilt, the lower penalty!!!
3. The Proceedings Are Sui Generis
People v Judge Nonato - Extradition proceedings are not criminal in
- It is the penalty at the time of application for bail nature even if they used the mechanisms in
that shall be the basis to determine whether bail criminal cases. IN extradition, it entails
is a matter of right or discretion BUT ONLY IN arrest/detention. The penalty of offense charged
CASES WHERE THE LAW IMPOSES LOWER and weight of offense is not relevant.
PENALTY - 2 conditions:
- DITO NAGKARON NG PAGBABA NG PENALTY! 1. application for extradition complied with the
APPLICABLE LANG ITONG RULING FOR THIS conditions of the extradition treaty
CASE. ANSWER PARIN SA TAAS HAHAHAHA 2. whether the accused is extraditable
Can Sec 13 be applied to non-criminal proceedings? - Standard of evidence:

- NO. Exclusive in criminal case because the - Prima facie evidence being summary in nature!
provisions require the penalty for the offense - Clear and convincing evidence required in
charged. The evidence of guilt is also relevant. determining whether the extraditee is entitled to
- BUT THE RIGHT TO BAIL CAN BE GRANTED NOT bail.
UNDER SEC 13 BUT UNDER SEC 1 ART 3. In non- Note: Final decisions in extradition is not executory
criminal proceedings, evidence of guilt is not until the president approves it
relevant.
4. Compliance Shall Be in Good Faith.
Government of US v Judge Purungan - Our executive branch of government
Government of Hong Kong v Hon. Olalia voluntarily entered into the Extradition Treaty,
and our legislative branch ratified it. Hence,
5 postulates in extradition proceedings the Treaty carries the presumption that its
implementation will serve the national
1. Extradition Is a Major Instrument for the interest.
Suppression of Crime. - Fulfilling our obligations under the Extradition
40
Treaty promotes comity with the requesting
- With the advent of easy international travel, the state. On the other hand, failure to fulfill our
way that state deals with criminal action has obligations thereunder paints a bad image of
evolved into entering to extradition treaty so our country before the world community. Such
that criminals who may flee from the jurisdiction failure would discourage other states from
of the local courts may demand for the return of entering into treaties with us, particularly an
the person in the state for the justice to be
administered. 5. There Is an Underlying Risk of Flight
- Fifth, persons to be extradited are presumed
2. The Requesting State Will Accord Due Process to the to be flight risks. This prima facie presumption
44
Accused finds reinforcement in the experience of the
executive branch: nothing short of
- Second, an extradition treaty presupposes that confinement can ensure that the accused will
both parties thereto have examined, and that both not flee the jurisdiction of the requested state
accept and trust, each other’s legal system and
MATEO, MMF 2019
in order to thwart their extradition to the  This violates the crim due process of accused
requesting state.  Parking practice – case will not be acted, respondent
can file petition to dismissal
Can the court grant the right to bail, when during  Delay is worst than absence of PI because of absence
trial, accused was denied bail (ex. RP) tapos on can be easily remedied by holding a preliminary
appeal, RT? Even if after conviction? YES! matter of investigation. In so far as delay, defect cannot be
discretion na yung penalty corrected – no machine to turn back time – Once
delay happens, it can no longer be corrected!
Rule 114, ROC
 Sec 4 What is the wisdom: the principle in constitution “justice
 Sec 5 delayed justice denied”; right to justice has already
suffered
 Inordinate delay in conduct of PI violates crim due
Cortes v Judge Catral process and may be ground for dismissal with
However, whether bail is a matter of right or of finality
discretion, reasonable notice of hearing is required to
be given to the prosecutor, or at least he must be Galman v Sandiganbayan
asked for his recommendation, because in fixing the  SC reversed judgment of acquittal because a mistrial
amount of bail, the judge is required to take into or non trial of century
account a number of factors such as the applicants  When presiding justice and tanodbayan attended the
character and reputation, forfeiture of bonds, etc meeting, all semblance of impartiality are already lost
 At that time – case is already pre determined
Sec 14  SC cannot allow such a sham trial; the courts under
its aegis are courts of law justice and equity and they
There is one right that does not belong to the accused: trial in would have no reason to exist if used as mere tools of
absentia; exception of the right to be heard by himself and by injustice deception and duplicity to subvert and
counsel supress the truth instead of being a repository of
truth..
1) Criminal Due Process  Once the associate justices are under direction of
Alonte v Savellano pres then decision becomes pre determined of
4 mandatory requirements in judicial and criminal president; violates rights of due process
proceedings
1. court must have jurisdiction over subject 2) Presumption of Innocence
matter of the controversy  Because All prosecutorial arms of govt are being
 by law or constitution that vests jurisdiction, mobilized to esablsih the guilt of the accused; so just
bp 129, rules of court to level the playing field because opponent is the
2. acquire jurisdiction over the person of the entire government machinery
accused  ONLY AVAIALBLE to NATURAL PERSONS; Corporation
 Voluntary surrender not included (Feeder lines v CA)
 arrest  Disputable presumption
3. must be given the opportunity to be heard  Degree of evid to destroy: PBRD! Moral certainty
 required (ROC)
4. Judgment must be rendered only after trial
PBRD- does not mean such a degree of evidence
excluding the possibility of error produces absolute
Crim Due Process Due Process Sec 1
certainty. moral certainty is required
Criminal Due Process All proceedings (judicial,
admin, qj,.)
People v Dramayo
 Conspiracy; act of one is act of all; conspiracy must
Available only to an Available to all parties
be shown beyond reasonable doubt, once proved
accused
only those who have participated in that conspiracy
Procedural Substantive & Procedural
can be convicted, those who did cannot be convicted
 By reasonable doubt – that doubt engender by an
Tatad v Sandiganbayan
investigation of whole proof and the inability of the
 what is the effect of inordinate delay in conduct of PI?
mind after such investigation to let the mind rest
3 years
easy on the certainty of guilt
MATEO, MMF 2019
, equip rule is to be applied to tilt the scale of

To doubt is to acquit? justice in favor of innocence
NO. Unreasonable doubt; conviction is still valid o ER can only be applied if evidence is 50/50
o As long as there is reasonable doubt, even
Dumlao v Comelec without equipoise rule, scalses must be titled in
 the law challenged in this case is a law that favour of the accused for failure to destroy
disqualifies a person convicted of acts of disloyalty presumption of innocence
from running form elective office under the law, o Eqp rule is an analytical tool to ascertain the
there is presumption that persons charged of crim probative value of an specific evidence. During
of acts of disloyalty – deemed guilty prima facie trial both parties present evidence and after
 Merely charged – prima facie – disqualified presentation court will assess the evidence.
 IS it allowed? NO.  Court must make independent
 Accusation is not synonymous with guilt – mere assessment of each evidence!
accusation should not be basis to treat a person
charged same as those already convicted 3) Right to be heard by himself and of counsel
 to place a person who is merely accused a crim in  People v Holgado
the same level as those already convicted violates - accused did not appear to court with counsel
the presumption of innocence.  OLD RULE: in arraignment court has 4 obligation
 BUT IT Does not mean that the laws that est 1. Inform the accused that he has a right to be
presumption of guilt unconstitutional  assisted counsel
 SC there may be laws or rules establish the 2. Ask accused if he wants to represented by a
presumption of guilt, as long presuption as based counsel
on human experience and there is a (1) rational 3. if the accused wants to be represented by
connection between facts established and (2) counsel de parte, he must given by the court
ultimately presumed therefrom. As ling as 2 to procure within reasonable time to obtain
conditions present service of
4. If he wants to, and if cannot afford, court must
Marquez v Comelec give him counsel de officio
 the implementing rules and regulations was being  New rules – appointment of counsel de officio
challenged – fugitives from justice are disqualified mandatory to the court
to run from local elective office and the
implementing rules and regulation defined who are Except:
fugitives from justice
- if it appears that the accused is allowed to appear
 FJ must be interpreted
in person and sufficiently defend himself.
 Person who after conviction flees jurisdiction
- When the accused desires to be represented by
to avoid punishment
counsel de parte
 person who after been charged to evade the
jurisdiction to avoid prosecution
 SC wants to treat similarly person already  the accused is entitled to heard by himself or by
convicted and merely charged and treat them counsel and right to be heard would be little avail if
similarly and make them fugitive from justice not include the right to be represented by counsel.
therefore disqualified Even intelligent man may have no skill in the scienc
How do we reconcile ? of law esp of the rules of evidence and he may be
convicted not because he is guilty but because he
In Dumlao – the disqualification arises from filing the does not know how to establish his innocence
crim complaint
In Marquez – the mere filing does not make a fugitive;

DQ arises from the ACT of FLIGHT not merely the Supposing the minutes of the trial proceeding, minutes
accusation; accusation coupled with flight did not state that trillanes submitted that it complied
with the condition.
Corpus v People
 Equipoise rule - if the evidence for the prosecution People v Agbayani
is evenly balance with the evidence for the defense
MATEO, MMF 2019
- not everything shall be indicated in record, we - Arraignment is an indispensable requirement of

must rely of presumption on the regularity in the the right of the accused to be informed of the
performance of official duties nature and cause of accusation against him
- it is incumbent for the accused to show that he was - arraignment is not a useful formality; MANDATORY
no afforded his right during arraignment but in the - The accused can be convicted only with those
absence of anything does not necessarily mean included in trial
- The accused cannot be convicted of proven
that it did not happen
without charge
Is the choice by the accused of counsel preferred? Yes - ONLY be convicted of CHARGED AND PROVEN
but not exclusive during trial
- Exception: Variance Rule
Amion v Judge Chiongson Offense charged necessarily or is necessarily
- the right to choose does not exclude other included/includes in the offense charge rule 120
counsels who may be competent or
independent 1. OC necessarily includes the OP If some of the
- the choice does not extend if it will become essential elements of OC constitute all the essential
arbitrary or will violate other party to due element of OP—
process OC: murder
4) Right to be informed of the Nature and Cause of OP: homicide = Murder includes offense of homicide –
Accusation in such cases, convicted of only homicide
People v Quitlong
2. OC is included in OP when all elements of OC form
3 reasons why accused is entitled to be inform part of elements of OP
 To furnish the charge against him for him to
OC: theft
prepare for his defense
 To prepare for defense that he may be entitled for OP: robbery – convicted of OC which is included in OP
the prosecution of the same offense
 To inform the court such facts as alleged as Always the lesser offense if there is variance but must
will allow the court to determine if conviction may be included of the other
be had based on allegation of facts
Pecho v People
Minimum allegations to comply with the consti Offense Charged: RA 1319
mandate
--- special law there is no attempt, the SC sustain in
o Name OF accused,
conviction of estafa through falsification because it is
o Designation given by the statute
o statement of acts or omissions complained of included in sec – convicted if not charge because it is
constituting the offense included
o name of offended party
Soriano v Sandiganbayan
o approx time and date of the commission of
- Title v. Recital
the offense
- Whether PI can be considered as transaction; PI
o place of commission.
cannot be considered as a transaction, but the
- Charge of conspiracy must be alleged in the info in recital of acts or omission does not make out of
order to inform accused the accused that he is 1319 but a violation of RPC
accountable not only to his own act but also to the - IF THERE IS VARIANCE BETWEEN THE TITLE AND
act of another accused THE BODY OF THE INFORMATION, BODY shall
- Failure to state in the info cannot allow or admit prevail – consti guaranty not violated
evidence establishing this element. THS SC
DISALLOWED the presentation of evidence because 5) Right to Speedy, Impartial and Public Trial
it will violate the right of the accused to be
informed Concept of speedy trial
Borja v Mendoza - A trial conducted according to the law of criminal
procedure, rules and regulations free from
vexatious, capricious and oppressive delays, the
MATEO, MMF 2019
purpose of which is to free the accused from - case involving midwife in tayabas
anxiety and expenses of a court litigation - prosecution will move many times
- is necessarily relative; several factors considered - accused had to go to tc then hearing is cancelled
o length of delay - The accused was made to dance attendance in
o reason for the delay court; the court was referring to dance routine of
o conduct of prosecution cha cha going back, going to.
o efforts exerted by the defendant to - The accused is entitled to Speedy Trial
assert his right - Inordinate delay in conducting the trial is a
o prejudice and damage caused to the violation of right to speedy trial and a ground for
accused final dismissal of the case.
- Why is it final decision? Compared to dismissal due
People v Tee to demurrer of evidence.
- The speedy trial act of 1998 – 180 days; o Demurrer granted after resting the evid of
however, in determining the right of the accused the prosecution; if not sufficient, acquit bc
to speedy trial, courts should do more than a based on the merits.
mathematical computation of the number of - Equivalent to acquittal – because like demurer the
postponements of the case. prosecution have no evidence that’s why they are
- The concept of speedy trial is necessarily delaying it
relative; to determine whether the right has - 2 remedies
been violated, several factors are to be o Habeas corpus if accused is detained
considered: (enumerated above!!!!!!) o Certiorairi/prohib/mandamus
- Deemed violated when
o Proceedings are attended by vexatious, Mateo, Jr v Villaluz
capricious and oppressive delays  J. Dizon: it has been said that due process of
o Unjustified postponements are asked law requires a hearing before an impartial tribunal,
for and secured and that every litigant is entitled to nothing less
o When without cause or justifiable than the cold neutrality of an impartial judge.
motive, a long period of time is allowed  He should at all times, manifest depth
to lapse without the party having his commitment and concern to the cause of justice
case tried according to legal norms, a cerebral man who
- Violation of the right to speedy trial when the deliberately holds in check the tug and pull of
delay is by the prosecution!! No right of speedy purely personal preferences and prejudices which
trial if cause by accused he shares with the rest of his fellow mortals
 Should at all times be wholly free,
Flores v People disinterested, impartial and independent
- the trial court rendered the decision, on appeal,  Has both the duty of rendering a just decision
remanded the case. For a long period of time there and the duty of doing it in a manner completely
was no movement free from suspicion as to the fairnes and as to his
- Whether the delay from ca to referral part of consti integrity
guaranty
- The right of speedy trial applies only during trial People v Teehankee, Jr
stage and proceedings anterior to the trial which - The right to a Fair trial is not incompatible to a free
means trial and earlier! press; to be sure responsible reporting enhaned an
- After trial not under sec 14!! But ther provision art ccusedd right to a fair trial for, as well pointed out,
16 a responsible press has always been regarded as
- In determining violation RST: Delay in appellate the handmaiden of effective judicial
proceedings is irrelevant, Relevant is when the case administration, especially in the criminal field. The
is remanded to TC and there was no movement for press does not simply publish information about
long period of time (part of the rst) trials but guards against the miscarriage of justice
- RST – during the trial proper and proceedings by subjecting in the police prosecutors, and judicial
before or anterior processes to extensive public scrutiny and criticism
- If the proceedings prior to trial delayed, then trial - Accused can only conjure the possibility on the part
will also be delayed of the trial judge due to the barrage of publicity
that characterized the investigation and trial of the
case
Conde v Rivera
MATEO, MMF 2019
- To warrant the finding of prejudicial publicity o TRIAL IN ABSENTIA

there must be an allegation and proof that judges - Not available during PI; available during trial
had been unduly influenced not simply that they (beginning @ arraignment)
might be, by barrage of publicity
o Totality of circumstances test US v Javier
- the affidavit of a deceased person who as not
PUBLIC TRIAL been cross-examined is inadmissible in evidence
Garcia v Domingo - US v Anastacio: Confrontation is essential
 J. Laurel: trial should also be public in order to because confrontation is essential
offset any danger of conducting it in an illegal and o To preserve the right of the accused to
unjust manner; exception: where the evidence may test the recollection of the witness in
be characterized as offensive to decency or public the exercise of the right to cross-
morals examination
 Case at bar, when the trial was held
on saturdays and in the air-conditioned chambers Talino v Sandiganbayan
of the City JUdge for the convenience of the parties - If several co-accused were tried separately,
and of the Judge, the proceedings were not testimonies made in one case cannot be
violative of the right to public trial. There is no considered in the others unless they are
showing that the public was thereby excluded. accorded their right to confrontation
PUBLIC V PUBLICIZED TRIAL 7) Compulsory Process to secure the attendance of

In re: estrada witnesses and the production of evidence
 Court proceedings may be filmed for record
purposes only and not for public showing; Basic purpose
 The use of television at a trial for documentary - To assure a full and unimpeded opportunity for
purposes, not for the broadcast or live news, and him to meet what in the end could be a baseless
with the safeguards of completeness and consent suit or accusation
is an educational experiment that I would be - The due process clause also requires, too, that
prepared to welcome. before a person may be deprived of his life,
liberty or property, he must be given the
In re; Ampatuan opportunity to be heard
- Comparing to in re: Estrada: The impossibility of
accommodating all interested parties, even the Processes that may be resorted to compel the
private complainants/families of the victims and attendance of a person in court
other witnesses, inside the courtroom, to satisfy - Subpoena
the imperative of a transparent, open and public - Subpoena duces tecum
trial. - Warrant of arrest
- Contempt
- Perpetuation of testimony
6) Right to confrontation - Modes of discovery
Concept:
- it is the right of the accused to meet the Roco v Contreras
witnesses against him face to face. - Subpoena is a process directed to a person
- It is the right of the accused to cross-examine the requiring him to attend and to testify at the
witnesses hearing or trial of an action or at any
investigation conducted under the laws of the
Purposes Philippines or for the taking of his deposition
- to cross examine the witnesses to test their - Kinds
credibility o Subpoena ad testificandum – used to
- to enable the court to observe the demeanor of compel person to testify
the witness o Subpoena duces tecum – to compel the
Note: production of books, records, things or
- right to confrontation is not absolute! documents therein specified.
- XPNS to the right
o DYING DECLARATION Requisites
MATEO, MMF 2019
 Books, documents or other things Effects of waiver

requested must appear prima facie - waiver of right to present evidence
relevant to the issue subject of the - the prosecution can present evidence if accused
controversy fails to appear
 Such books must be reasonably - the court can decide without the accused’s
described to the parties to be readily evidence
identified
o In order to entitle a party to the Gimenez v Nazareno:
issuance of a subpoena duces tecum, it Trial in absentia is mandatory upon the court whenever
must appear, by clear and unequivocal the accused has been arraigned, notified of date/s of
proof that the book or document to be hearing, and his absence is unjustified.
produced contain evidence relevant and
material to the issue before the court, Presence of accused, mandatory
and that the precise book, paper or - during arraignment and plea
document containing such evidence has - during trial, for identification
been so designated or described that it - during promulgation of sentence, unless light
may be identified offense wherein the accused may appear by
counsel or representative
People v chua: requisites for compelling the
attendance of witnesses and the production of
evidence People v Mapalao
1. The evidence is really material
2. Accused is not guilty of neglect in previously - An accused who is tried in absentia waives his right
obtaining the production of such evidence to present evidence as well as his rights to bail and
3. The evidence will be available at the time appeal. By the same token, an accused who, after
desired the filing of an information, is at large and has not
4. No similar evidence can be obtained been apprehended or otherwise has not submitted
himself to the jurisdiction of the court, cannot
apply for bail or be granted any other relief by the
Trial in Absentia courts until he submits himself to its jurisdiction
Note: - If the accused has been tried in absentia, the court
- this is not a right of the accused; waiver of the can render/promulgate a decision even in his
accused to be present at the trial absence.
- CAN BE DONE ONLY AFTER THE ACCUSED HAS
BEEN ARRAIGNED
Purpose: People v Valeriano
- Speed up the disposition of criminal cases - One who jumps bail can never offer a justifiable
considering that if the accused would not always reason for his non-appearance during trial
be present, it would derail the trial of cases - A judgment of conviction may be promulgated
after the accused has been tried in absentia by
Requisites o simply recording the judgment in the
- Accused has already been arraigned criminal docket
- He has been duly notified of the trial o with a copy thereof served upon his
- Failure to appear is unjustifiable counsel
o provided the notice requiring him to be
Scope of the right to be present at trial present at the promulgation is served
- From arraignment to promulgation of sentence through his bondsmen or warden or
counsel
Conditions for waiver of the right to be present at trial - a judgment of conviction rendered after the
- Provide that after arraignment he may be accused is tried in absentia cannot be appealed by
compelled to appear for purposes of identification the accused until he is again arrested or voluntarily
by the witness of the prosecution surrenders within the reglementary period for
- or provided he unqualifiedly admits in open court perfecting an appeal
that he is the person named a defendant in the
case on trial
MATEO, MMF 2019
RA 8493 to trial imposed by Section 7 of this Act shall be one

hundred eighty (180) days. For the second twelve-
Section 6. Time Limit for Trial. - In criminal cases month period the time limit shall be one hundred
involving persons charged of a crime, except those twenty (120) days, and for the third twelve-month
subject to the Rules on Summary Procedure, or where period the time limit with respect to the period from
the penalty prescribed by law does not exceed six (6) arraignment to trial shall be eighty (80) days.
months imprisonment, or a fine of One thousand pesos
(P1,000.00) or both, irrespective of other imposable Section 10. Exclusions. - The following periods of delay
penalties, the justice or judge shall, after consultation shall be excluded in computing the time within which
with the public prosecutor and the counsel for the trial must commence:
accused, set the case for continuous trial on a weekly or
other short-term trial calendar at the earliest possible (a) Any period of delay resulting from other
time so as to ensure speedy trial. In no case shall the proceedings concerning the accused, including but not
entire trial period exceed one hundred eighty (180) limited to the following:
days from the first day of trial, except as otherwise
authorized by the Chief Justice of the Supreme Court (1) delay resulting from an examination of the
pursuant to Section 3, Rule 22 of the Rules of Court. accused, and hearing on his/her mental competency, or
physical incapacity;
Section 7. Time Limit Between Filing of Information
and Arraignment and Between Arraignment and (2) delay resulting from trials with respect to
Trial. - The arraignment of an accused shall be held charges against the accused;
within thirty (30) days from the filing of the
information, or from the date the accused has
(3) delay resulting from interlocutory appeals;
appeared before the justice, judge or court in which the
charge is pending, whichever date last occurs.
(4) delay resulting from hearings on pre-trial
Thereafter, where a plea of not guilty is entered, the
motions: Provided, That the delay does not exceed
accused shall have at least fifteen (15) days to prepare
thirty (30) days,
for trial. Trial shall commence within thirty (30) days
from arraignment as fixed by the court.
(5) delay resulting from orders of inhibition, or
If the accused pleads not guilty to the crime charged, proceedings relating to change of venue of cases or
transfer from other courts;
he/she shall state whether he/she interposes a
negative or affirmative defense. A negative defense
shall require the prosecution to prove the guilt of the (6) delay resulting from a finding of the
accused beyond reasonable doubt, while an affirmative existence of a valid prejudicial question; and
defense may modify the order of trial and require the
accused to prove such defense by clear and convincing (7) delay reasonably attributable to any
evidence. period, not to exceed thirty (30) days, during which any
proceeding concerning the accused is actually under
Section 8. Time Limit Following an Order for New advisement.
Trial. - If the accused is to be tried again following an
order of a court for a new trial, the trial shall Section 11. Factors for Granting Continuance. - The
commence within thirty (30) days from the date the factors, among others, which a justice or judge shall
order for a new trial becomes final, except that the consider in determining whether to grant a continuance
court retrying the case may extend such period but in under subparagraph (f) of Section 10 of this Act are as
any case shall not exceed one hundred eighty (180) follows:
days from the date the order for a new trial becomes
final if unavailability of witnesses or other factors (a) Whether the failure to grant such a continuance in
resulting from passage of time shall make trial within the proceeding would be likely to make a continuation
thirty (30) days impractical. of such proceeding impossible, or result in a
miscarriage of justice.
Section 9. Extended Time Limit. - Notwithstanding the
provisions of Section 7 of this Act, for the first twelve- (b) Whether the case taken as a whole is so novel, so
calendar-month period following its effectivity, the unusual and so complex, due to the number of accused
time limit with respect to the period from arraignment or the nature of the prosecution or otherwise, that it is
MATEO, MMF 2019
unreasonable to expect adequate preparation within

the periods of time established by this Act.
No continuance under subparagraph (f) of Section 10

shall be granted because of general congestion of the
court's calendar, or lack of diligent preparation or
failure to obtain available witnesses on the part of the
public prosecutor.
Section 13. Remedy Where Accused is Not Brought to

Trial Within the Time Limit. - If an accused is not
brought to trial within the time limit required by
Section 7 of this Act as extended by Section 9, the
information shall be dismissed on motion of the
accused. The accused shall have the burden of proof of
supporting such motion but the prosecution shall have
the burden of going forward with the evidence in
connection with the exclusion of time under Section 10
of this Act.
In determining whether to dismiss the case with or

without prejudice, the court shall consider, among
other factors, the seriousness of the offense, the facts
and circumstances of the case which led to the
dismissal, and the impact of a reprosecution on the
implementation of this Act and on the administration of
justice. Failure of the accused to move for dismissal
prior to trial or entry of a plea of guilty shall constitute
a waiver of the right to dismissal under this section.

Poli Module 1 2 First Part

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Poli Module 1 2 First Part

Uploaded by

Copyright:

Available Formats

PoliRev Class Notes & Doctrines lifted from 2019 Beda Memaid, Nachura 2016, Coffee Notes, Full

text cases, & Atty. 1

POLITICAL LAW the nation, it is deemed written in every

c. Constitution of Sovereignty – the provisions

- Amendment includes revision

 Traditional Modes of Acquiring Territory 1. That a government should do for the

baselines]), and continental shelves that UNCLOS III

3 Kinds of De Facto Government - Permanent

- Inalienable a.General Law

1. republic is sued by its name - Consent to be sued cannot be a contractual

- Act no 2457 Mun. of Makati vs Court of Appeals

US v Guinto - There must be an ordinance setting aside the

marriage on the same terms and conditions as

Whether limiting recognition is consistent to our

to accommodate as many people as Legaspi v CSC

education, order, safety and several welfare of Decs v San Diego

 Senior Citizen Discount Law 2. Must be within the constitutional limits

2 tests in determining the validity of the exercise of 8. Presidential Veto

2. EQUAL PROTECTION CLAUSE

REASONABLE CLASSIFICATION: 3. Strict Scrutiny Test – applied when the challenged

social - Retail trade, an industry imbued w public interest.

PASEI v Drilon Almonte v Vasquez

c. Particularity of the description must officers must issue search warrants

WARRANTLESS ARREST  When the PO left at the scene of the crime,

Terry v Ohio – Posadas v CA (Stop & Search)

Objects that may be seized during warrantless custom Guazon v De Villa:

2 categories of Privacy (Wallen v Roe??? OMG BUNGOL

(Marti v Zulueta Cases, reconciled) Gaanan v IAC

Navarro v CA Extra Kuda haha

Reyes v Bagatsing o On this note, the theory on deliberative

Political speech commercial speech SWS v Comelec

Petition – the person can apply to the government BP Blg 880

- Free Exercise Clause & Non-establishment clause,  Mandatory – accommodation or

Ang Dating Daan v Iglesia ni Kristo:

pursuant to Rule 7, Section - The right to information “contemplates

Province of North of Cotabato v GRP

- Clearly, the Constitution has explicitly premised

practical terms (People v Ramos; People v

Can Sec 13 be applied to non-criminal proceedings? - Standard of evidence:

, equip rule is to be applied to tilt the scale of

In Marquez – the mere filing does not make a fugitive;

- not everything shall be indicated in record, we - Arraignment is an indispensable requirement of

- To warrant the finding of prejudicial publicity o TRIAL IN ABSENTIA

PUBLIC V PUBLICIZED TRIAL 7) Compulsory Process to secure the attendance of

 Books, documents or other things Effects of waiver

RA 8493 to trial imposed by Section 7 of this Act shall be one

unreasonable to expect adequate preparation within

No continuance under subparagraph (f) of Section 10

Section 13. Remedy Where Accused is Not Brought to

In determining whether to dismiss the case with or

You might also like