This action might not be possible to undo. Are you sure you want to continue?
Atty. Raul B. Marifosque
• declaration and enumeration of the individual rights and privileges which the constitution is designed to protect against violations by the government or by individuals or group of individuals.
Q: Against the 3 inherent powers of the state, what are the protective rights of the citizens? Ans: the three (3) constitutional clauses; due process clause, equal protection of the law clause; just compensation clause.
Two Aspects of Due Process
(A) Procedural (B) Substantive
Requisites/ Requirements of Substantive Due Process
• (A) a law which is in harmony with the general power of the legislature • (B) such law must be reasonable in operation and • (C) such law is enforced according to regularly prescribed methods (D) such law is applicable to all the people or to all of a class.
Twin Requirements of Due Process
• (A) Notice • (B) Hearing Venta Maritime Co Inc. vs. NLRC 284 SCRA 656
Equal Protection Clause
- means that no person or class of persons shall be denied the protective mantle of the law, which is enjoyed by the other person or other classes in like circumstances, in their life, liberty and property and in the pursuit of happiness. Searches and Seizures Art. III Sec. 2 1987 Constitution
Scope of Protection
• - available to all persons natural or juridical - it is personal and may be invoked only by the person entitled to it.
Q: What is meant by right to privacy? Ans: or “the right to be alone”. The right of a person to be free from unwarranted publicity and the right to live without unwarranted interference by the public, in matters which the public is not necessarily concerned. Alih vs. Castro 151 SCRA 279
Q: What is the concept and implication of the freedom of speech and the press? Ans: it implies the right to freely utter and publish whatever the citizen may please and to be protected against any responsibility for doing so except those in violations of existing laws.
Q: What is the applicable test in free assembly? Ans: the purpose test: that is the test should be the purpose for which the assembly is held, regardless of the auspices under which it was organized. Q: What is a scatter- shot warrant? Ans: warrant that does refer to one particular offense. People vs. Court of Appeals 216 SCRA 101
Q: Requisites of a valid warrant: (A) must be based upon probable cause (B) probable cause must be determined personally by the judge Placer vs. Villanueva 126 SCRA 463 (C) the determination must be made after examination under oath or affirmation of the complainant and witness he may produce. Mata vs. Bayona 128 SCRA 388 (D) it must particularly described the place to be searched and the persons or things to be seized Nolasco vs. Paňo 139 SCRA 152
(1) When such person has in fact just committed, is actually committing or is attempting to commit an offense is presence. (2) When an offense has in fact just committed and he has personal knowledge of facts indicating that the person to be arrested committed it. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.
Q: What is the scope and coverage of speech and press freedom? Ans: Speech and press include every form of expression, whether oral or written, tape or disc recorder, it also includes movies as well as what is referred to as symbolic speech such as wearing of armband as a symbol of protest and so is the ff. are covered by the freedom of speech and the press. • (A) Freedom from previous restraint or censorship • (B) Freedom to circulate opinions which may be done in picketing Freedom from liability as in the case of privilege communication
Q: What is the concept of liberty of abode and travel? Ans: means the right of a person to have his home in whatever place chosen by him and thereafter to change it at will and to go where he pleases, without interference from any source.
Q: Cases/ instances when right to travel or liberty of abode can be legally impaired? Ans: they are: (1) lawful order from the court (2) National Interest
Q: What is the rationale of the right to information? Ans: the inclusion of the right to information is justified by the ff: (A) it is in consonance with the principle of popular sovereignty. (B) It will enable people to participate effectively in governmental affairs, especially in fiscalizing the acts of authorities. (C) It will make fiscalization of government more factual, responsible, and effective. (D) Will provide a deterrent to the commission of venalities because of the resulting awareness of officials that their acts will be exposed to the full light for public scrutiny and It will reduce public suspicion of official and thus foster rapport and harmony between the government and the people.
Impairment- anything that diminishes the efficacy of the contract. Clemente vs. Nolting 42 Phil 702
A contract valid at the time of its execution may be legally modified or even completely invalidated by a subsequent law. If the law is a proper exercise of police power, it will prevail over the contract. Ortigas & Co vs. Feati Bank 94 SCRA 533 Tiro vs. Hontanosas 125 SCRA 697
Ex Post Facto Law
Characteristics The law must: (A) refer to criminal matters (B) be retroactive in its application to the prejudice of the accused.
Bill of Attainder
is a legislative act that inflicts punishment without trial its essence being the substitution of legislative fiat for a judicial determination of guilt.
Writ of Habeas Corpus
- a prerogative writ of liberty to test the validity of a person’s detention. It is directed to a person detaining another commanding him to produce the body of the person being detained at a designated time and place and to explain the cause of his detention. -
The Constitutional Writs
(A) Writ of Amparo (B) Writ of Habeas Data (C) Writ of Kalikasan
Rights of the Accused
Q: What are the rights of a person is custody? Ans: R.A. 7438 (A) right to be assisted by counsel at all times (B) right to be informed of the rights to remain silent (C) right to sign the written custodial investigation report (D) his written extra- judicial confession must be signed in the presence of his counsel or in case of a valid waiver of counsel, it must be signed in the presence of his parents, or his brother or sister or his spouse or municipal judge or mayor or priest or minister. (E) Accused shall be allowed visits or conferences with any member of his immediate family or any medical doctor or priest or religious minister chosen by him or by any national or nongovernmental organization accredited by the commission on human rights.
Q: May an alien subject of a deportation proceedings invoke the Constitutional right to bail? Ans: a deportation proceeding is not in a nature of criminal action, therefore the alien can not invoke such right. (Harvey vs. Santiago) 162 SCRA 840
Q: What are the cases where the right to self- incrimination not applicable? Ans: (A) a witness can not refuse to answer question simply because it will subject him to civil liability. Beltran vs. Samson 50 Phil 570 (B) or because his testimony would tend to degrade or ridicule his character or voluntary confession
Q: What are the exceptional cases to involuntary servitude? Ans: the Constitution provision on involuntary servitude does not apply to the ff: • (A) relationship of parent and child • (B) exceptional services, ex. MilitaryEnlistment • (C) punishment of a person for a crime • (D) services under the police power of the state under emergency situation • (E) workers on strike ordered by the court to return to work
Q: What is the doctrine of supervening event? Ans: Under this doctrine, the accused may be prosecuted for another offense if a subsequent development changes the character of the first indictment under which he may have already been convicted or charged. Melo vs. People 85 Phil 766 Ex. A person convicted of Physical injuries may be prosecuted of Homicide if the victim later dies.