Christiane Marie L.

Bajada Constitutional Law 2 USLS

INHERENT POWERS OF THE STATE purpose of protecting peace and order and promoting
general welfare (SolGen v. Ayala Land)
Similarities: - PP is far-reaching scope; co-extensive w/ self-protection
and survival; can’t be bargained away through
- They are inherent in the State and may be exercised by
treaty/contract (Ichong v. Hernandez)
it without need of express constitutional grant
- Tax can be used as an implement (Lutz v. Araneta)
- Not only necessary but also indispensable. State cannot
- Power to promulgate rules is limited only to carrying in
continue or be effective unless it is able to exercise
effect what is provided in law (Miners Assn. v.
them
Factoran)
- Methods by which the State interferes with private rights
- PP is the pervasive & non-waivable power & authority of
- All presuppose an equivalent compensation for the
sovereign to secure public order of general community
private rights interfered with
(Tablarin v. Gutierrez)
- Exercised primarily by the legislature
- PP prevails over contracts (PNB v. Office of Pres.)
Differences: - Power is co-extensive with self-protection & is not inaptly
termed the law of overruling necessity (Rubi v.
Police Eminent Taxation Provincial Board)
power domain - Power is inherently vested in the legislature
Regulati Both liberty Property only Property only o However, Congress may validly delegate this power
on & property
to the President, to administrative bodies and to
Who Only gov’t Gov’t & some Only gov’t
lawmaking bodies of LGUs (LGUs exercise the power
may private
exercise entities under the general welfare clause)
Property Destroyed Wholesome; Wholesome; - Compensation – intangible – altruistic feeling that
taken because it taken for a taken for a individual has contributed to the public good
is noxious public use or public use or
Salus populi est suprema lex – the health (welfare, good,
or intended purpose purpose
salvation, felicity) of the people should be the supreme
for noxious
purpose law
Compen Intangible Full & fair Protection & Characteristics:
sation altruisitic equivalent of public
feeling that the property improvements - Most pervasive
person has expropriated for the taxes - Least limitable
contribute paid - Most demanding
to general - Dynamic
welfare
- Not static
- Must move with the moving society it is supposed to
Limitations: regulate

- May not be exercised arbitrarily to the prejudice of the Who may exercise:
Bill of Rights
- The Legislature (inherent)
- Exercise of these fundamental powers is subject at all
- President (by delegation)
times to the limitations and requirements of the
- Administrative boards (by delegation)
Constitution and may be annulled by the courts
- Lawmaking bodies on all municipal levels, including
POLICE POWER barangay (by delegation)
- Municipal governments/LGUs (conferred by statute –
- Power of promoting the public welfare by restraining and general welfare clause of RA 7160)
regulating the use of liberty and property
- Enact rules in relation to persons & property as may Tests of Police Power (Limitations)
promote public health, morals, safety & general welfare - The interests of the public generally, as distinguished
& convenience of the people from those of a particular class, require the exercise of
- Regulates both liberty & property police power
- Exercised only by gov’t - The means employed are reasonably necessary for the
- Property taken is usually noxious & may thus be accomplishment of the purpose and not unduly
destroyed oppressive upon individuals
- May be exercised as long as the activity or the property 1. Lawful subject – the subject of measure is within the
sought to be regulated has some relevance to the scope of the police power, that the activity or property
public welfare sought to be regulated affects the public welfare
- Exercise can be in the form of making laws, compelling a. There are entirely private matters in which the public
obedience to those laws through physical means with interest is not at all involved and over which therefore
the aim of removing liberty, legal sanctions or other the police power cannot be validly asserted
forms of coercion and inducements 2. Lawful means – even if the purpose be within the scope
- The power to regulate does not include the power to of police power, the law will still be annulled if the
prohibit, power to confiscate; police power does not subject is sought to be regulated in violation of the
involve the taking or confiscation of property with the second requirement
exception of a few cases where there is a necessity to
confiscate private property in order to destroy it for the

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 Christiane Marie L. Bajada Constitutional Law 2 USLS
a. The lawful objective must be pursued through a Who may exercise:
lawful method – both end and means must be
legitimate - Congress (inherent)
i. Lacking such concurrence, the police measure shall - President
be struck down as an arbitrary intrusion into private - Various local legislative bodies
rights - Certain public corporations
3. Least restrictions of individual right – no other alternative - Quasi-public corporations
for accomplishment of purpose less intrusive of private Requisites of eminent domain:
rights can work
1. Necessity of exercise
Additional limitations (when exercised by delegate) 2. Private property
- Express grant by law 3. Taking
- Within territorial limits (LGUs) 4. Public use
- Must not be contrary to law 5. Just compensation
- For municipal ordinances: Requisites for LGU to exercise eminent domain:
o must not contravene the Constitution or any statute
o must not be unfair and oppressive 1. Enactment of an ordinance and not a resolution
o must not be partial and discriminatory 2. Must be for a public use, purpose or welfare or for the
o must not prohibit, but may regulate, trade benefit of the poor and the landless
3. Payment of just compensation
o must not be unreasonable
4. Its exercise must be preceded by a valid and definite
o must be general in application and consistent with offer made to the owner who rejects the same
public policy
How LGU may enter into the possession of the property
Specific coverage of PP sought: (Francia v. Municipality of Meycauayan)
1. public health 1. File complaint for expropriation
2. public morals 2. Deposit at least 15% of the property’s fair market value
3. public safety based on current tax declaration
4. public welfare
Necessity of exercise
EMINENT DOMAIN - Questions of necessity or wisdom are essentially political
- Also known as the power of expropriation (action of the when decided by the national legislature and are not
State in taking or modifying the property rights of an subject to judicial review
individual in the exercise of its sovereignty) o Judiciary has assumed the power to inquire into
- The act of a government in taking privately owned whether the authority conferred upon such delegate
property, ostensibly to be used for purposes designed has been correctly or properly exercised by it
to the benefit the overall public (justiciable question)
- An indispensable attribute of sovereignty; power  Determine the: (a) adequacy of compensation; (b)
grounded in the primary duty of government to serve necessity of taking; (c) public use character
the common need and advance the general welfare - Only when the landowners are not given their just
- Exercised by Congress and by delegation, the President, compensation for the taking of their property or when
administrative bodies, LGUs and even private there has been no agreement on the amount of just
enterprises performing public services compensation may the remedy of prohibition become
- If owner of private property is unwilling to part with it, available
then it will be necessary for government to use its o A court’s determination of just compensation may be
coercive authority; upon payment of just compensation, set aside if tainted with grave abuse of discretion
it can forcibly acquire the needed property
Private property
- The highest and most exact idea of property remaining in
the government (Manosca v. CA) - Anything that can come under dominion of man is
- Gov’t may not arbitrarily choose what private property subject to expropriation including real and personal,
should be taken (De Knecht v Bautista) tangible and intangible properties
- As long as purpose is public, ED comes into play; o The only exceptions to this rule are money and
whatever may be beneficially employed for gen. choses in action (personal right not reduced into
welfare satisfies requirement (Heirs of Adorna v. possession but recoverable by a suit at law, demand
Reyes) or recover a debt, demand or damages on a tort or
- Legal interest required to be paid on just compensation omission of duty
is in the form of indemnity for damages for payment
delay (Napocor v. Angas) Taking
- Exercise of eminent domain may also result in the
Taking – imports a physical dispossession of the owner,
imposition of a burden upon the owner of the
as when he is ousted from his land and is thus deprived
condemned property
of all beneficial use and enjoyment of his property
- When is there taking in the constitutional case? – when
owner is deprived of his proprietary rights Modes of expropriating:
o Includes: (1) diminution in value; (2) prevention of
ordinary use; (3) deprivation of beneficial use 1. Negotiated sale
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 Christiane Marie L. Bajada Constitutional Law 2 USLS
2. Expropriation by direct act of Congress o Time of taking – time when the landowner was
deprived of the use and benefit of his property, such
Requisites of taking in eminent domain:
as when the title is transferred to the Republic
1. Expropriator must enter a private property - Where only part of the property is expropriated, there
2. Entry must be for more than a momentary period should be added to the basic value the owner’s
3. Entry must be under warrant or color of legal authority consequential damages after deducting thereform the
4. Property must be devoted to public use or otherwise consequential benefits arising from the expropriation
informally appropriated or injuriously affected o Consequential damages – consist of injuries directly
5. The utilization of the property for public use must be in cause on the residue of the private property taken by
such a way as to oust the owner and deprive him of reason of the expropriation
beneficial enjoyment of his property - If the remainder is as a result of the expropriation placed
in a better location, the owner will enjoy consequential
Taking under PP vs ED benefits which should be deducted from the
consequential damages
Police powers Eminent domain
Prejudice suffered by the Individual suffers more o Consequential benefits – must be direct and
individual property owner than his aliquot part of the particular; not merely shared with the rest if the
is shared in common with damages, i.e. special properties in the area
the reset of the injury above that - Reckoning point of market value of property – either
community sustained by the rest of as of the date of taking or filing of the complaint,
the community whichever comes first
- Right of the landowner in case of non-payment
o GR: landowner is not entitled to recover possession
As exercised by As exercised by
of the property but only to demand payment
Congress delegates
Extent of power  XPN: when the gov’t failed to pay w/in 5 yrs. From
Pervasive and all- Can only be as broad as the finality of judgment in expropriation
encompassing enabling law and the proceedings, there is a right to recover property
conferring authorities
want it to be
TAXATION
Re: Private Property - The power to impose and collect taxes and charges on
Delegate can’t individuals, goods, services, and other to support the
expropriate private operation of the government
property already devoted
- All income earned in the taxing State, whether by
to public use
citizens or aliens, and all immovable tangible personal
Question of necessity
properties found in its territory, as well as tangible
Political question Justiciable; RTC
determines whether there personal property owned by persons domiciled therein,
is genuine necessity & are subject to its taxing power.
what the property’s value - Inherent in the state; primarily vested in the national
is legislature but may also be exercised by the local
legislative bodies, pursuant to a direct authority
If not justiciable, there’s conferred by Art. X, Sec. 5.
grant of special authority - Money raised by taxation can be expanded only for
for special purpose purposes & not for advantage of private people
(Pascual v. Sec. of Public Works)
- Power to tax includes power to destroy when used
Public use – any use directly available to the general
validly as an implement of police power in discouraging
public as a matter of right and not merely of forbearance
and in effect ultimately prohibiting certain things or
or accommodation
enterprises inimical to public welfare
- There will be public use involved even if the expropriated o Does NOT include power to destroy where the tax is
property is not actually acquired by the government but used solely for the purpose of raising revenues
is merely devoted to public services administered by - Taxation is subject to the requirements of due process
privately-owned public utilities o Taxes will not be allowed if they are confiscatory,
except where they are intended precisely for
Just compensation – a full and fair equivalent of the
destruction as an instrument of police power
property taken from the private owner by the expropriator
- Taxation is subject to the general requirements of the
- Measure of this compensation is the owner’s loss equal protection clause
- The compensation must be fair not only to the owner but o Rule of taxation shall be uniform and equitable
also to the expropriator o Uniformity in taxation – persons or things belonging
- To ascertain just compensation, the court should to the same class shall be taxed at the same rate
determine first the actual or basic value of the property  GR: simply geographical uniformity (operates w/
- It shall be the actual use of the property expropriated at same force & effect in every place where the
the time of its taking which shall be determinative of the subject is found)
just compensation to be paid.  XPN: rule does not prohibit classification for
o Determined on the basis of the value of the land purposes of taxation if ff. requisites are met
expropriated at the time of taking, not time of (SNAGAE):
rendition of judgment  Standards used are Substantial & Not Arbitrary
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 Christiane Marie L. Bajada Constitutional Law 2 USLS
 If classification is Germane to the purpose 3. International comity – foreign property may not be taxed
 If classification Applies to both present & future by another
conditions, other circumstances being equal 4. Exemption
 Applies Equally to members of same class 5. Non-delegation
o Equality in taxation – tax shall be strictly proportional 6. Due process of law
to the relative value of the property. 7. Equal protection
o These rules require a valid classification in the 8. Public purpose
selection of the objects of taxation
CIVIL AND POLITICAL RIGHTS
o Uniformity in taxation does not forfend classification
as long as: DUE PROCESS
 The standards that are used therefor are substantial
and not arbitrary - Responsiveness to the supremacy of reason, obedience
 The categorization is germane to achieve the to the dictates of justice
legislative purpose - Not violated when person chooses to not be heard
 The law applies, all things being equal, to both - Guaranty against any arbitrariness on the part of the
present and future conditions government, whether committed by any branch of the
 The classification applies equally well to all those government
belonging to the same class - Protects all persons, natural (citizen and alien) and
o Equitable taxation – taxes should be apportioned artificial
among the people according to their capacity to pay - Universal in application to all persons without regard to
- Tax for special purpose – for that purpose only; balance difference in race, color, nationality
is transferred to general funds - Continues to be dynamic and resilient, adaptable to
every situation calling for its application
Double taxation – when additional taxes are laid on the - Deprivation per se is not necessarily unconstitutional,
same subject by the same taxing jurisdiction during the what is prohibited is deprivation of life, liberty, or
same taxing period and for the same purpose property without due process of law
- While one may not be deprived of his vested right, he
- Despite the lack of a specific prohibition, double taxation may lose the same if there is due process and such
will not be allowed if it results in a violation of the equal deprivation is founded in law and jurisprudence
protection clause - DP is not an iron rule laying down an immutable
Purpose of taxation: command for all persons (Ynot v. IAC; carabeef)
- DP requires that terms of a penal statute must be explicit
1. Raise revenue to inform those who are subject to it on what conduct
2. Tool for regulation on their part will render them liable (People vs. Dela
3. Protection/power to keep alive Piedra)
- The fact that CIR is said to be free of rigidity of certain
Public purpose
requirements does not mean it can entirely ignore the
- To sustain tax, it is necessary to show that the proceeds essential requirements of DP in trials of administrative
are devoted to a public purpose character (Ang Tibay v. CIR)
- Revenues derived from taxes cannot be used to purely - Standard of due process – responsiveness to the
private purposes or for the exclusive benefit of private supremacy of reason, obedience to the dictates of
persons justice (Ermita-Malate v. MNL)
- Now given the broadest interpretation so as to include - Flexible but it does not mean that judges apply it to all
even indirect public advantage or benefit relationships
- Covers any gov’tal action w/c constitutes a deprivation of
Tax exemptions one’s life, liberty or property
- Burden of proof rests upon the party claiming exemption Liberty – person is free to act but he may exercise his
to prove that it is covered by the exemption so claimed rights only in such manner as not to injure other’s rights
- Construed strongly against the claimant
- Either constitutional or statutory Substantive due process
- Constitutional exemption from taxes: Art. VI, Sec. 28(3),
Substantive due process – requires the intrinsic validity
Art. XIV, Sec. 4(3)
of the law in interfering with the rights of the person to
- Statutory exemptions are granted in the discretion of the
his life, liberty or property
legislature
- Where the exemption is granted gratuitously, it may be - The inquiry in this regard is whether or not it is a proper
validly revoked at will, with or without cause exercise of legislative power; there is sufficient
o But if the exemption is granted for valuable justification
consideration, it is deemed to partake of the nature of - Refers to the intrinsic validity of the law
a contract and the obligation thereof is protected - Serves as restriction on law & rule-making power of gov’t
against impairment - The law must have a valid governmental objective and
this objective must be pursued in a lawful manner or
Limitations: the means employed must be reasonably related to the
1. Purpose – taxes may be levied only for public purpose accomplishment of the purpose and not unduly
2. Territoriality – applicable only in PH jurisdiction oppressive

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 Christiane Marie L. Bajada Constitutional Law 2 USLS
- General test of validity of an ordinance on substantive 5. Decision must be rendered on the evidence presented at
due process grounds is tested when assessed with the the hearing or at least contained in the record and
footnote 4 test laid down in US v. Carolene Products disclosed to the parties affected
(White Light Corporation v. City of Manila) 6. Tribunal or body must act on its own independent
o The judiciary would defer to the legisltature unless consideration of the law and facts of the controversy
there is a discrimination against a discrete minority or and not simply accept the views of a subordinate in
infringement of a fundamental right arriving at a decision
o Two standards of judicial review were established: 7. Board or body should, in all controversial questions,
strict scrutiny for laws and the rational basis standard render its decision in such a manner that the parties to
of review for economic legislation the proceeding can know the various issues involved
o Third standard denominated as heightened or and the reason for the decision rendered
immediate scrutiny Void for vagueness doctrine
Procedural due process - An act is vague when it lacks comprehensible standards
- The twin requirements of notice and hearing constitute that men of common intelligence must necessarily
the essential elements of due process guess at its common meaning and differ as to its
- Neither of these elements can be eliminated without application
running afoul of the constitutional guaranty Statute is repugnant to the Constitution in 2 respects:
- Based on the principle that a court renders judgment
only after trial and based on the evidence presented 1. It violates due process for failure to accord persons,
therein especially the parties targeted by it, fair notice of what
- Concerns w/ gov’t action on established process when it conduct to avoid
makes intrusion in private matters 2. It leaves law enforcers an unbridled discretion in carrying
- Serves as restriction on actions of judicial & quasi- out its provisions
judicial agencies
Noted exceptions of DP:
Judicial due process
1. Conclusive presumption – bars admission of contrary
Requirements of procedural due process in judicial evidence as long as such presumption is based on
proceedings: human experience
2. Need for expeditious action
1. There must be an impartial court or tribunal clothed with 3. Pornographic materials, contaminated meat, narcotic
judicial power to hear and determine the matter before drugs, if inherently pernicious, may be summarily
it destroyed
a. Also expected in the conduct of preliminary 4. Passport of person sought for criminal offense may be
investigations which are subject to the requirements cancelled w/o hearing
of both substantive and procedural due process 5. Filthy restaurants may be padlocked in the interest of
2. Jurisdiction must be lawfully acquired over the person of public health
the defendant and over the property which is the
subject matter of the proceeding In such instances, judicial hearing may be omitted w/o
3. Defendant must be given an opportunity to be heard violation of DP in view of:
4. Judgment must be rendered upon lawful hearing
1. Nature of property
Appeal 2. Urgency of need to protect the general welfare from a
clear & present danger
- Right to appeal is not essential to the right to a hearing
o Except when guaranteed by the Constitution, appeal EQUAL PROTECTION
may be allowed or denied in its discretion
- All persons or things similarly situated should be treated
Exceptions alike both as to rights conferred and responsibilities
imposed
- There are cases in which notice and hearing may be - Similar subjects shouldn’t be treated differently so as to
omitted without violation of due process give undue favor to some
- Among these are the cancellation of the passport of a - Available to all persons, natural as well as juridical;
person sought for the commission of a crime, artificial persons are entitled to the protection only
preventive suspension of a civil servant facing insofar as their property is concerned
administrative charges, distraint of properties for tax - The equality it guarantees is legal equality or the equality
delinquency of all persons before the law
Administrative due process - It does not deny to the State the power to recognize and
act upon factual differences between individuals and
Requisites: classes
- Inherent in the right to legislate is the right to classify; the
1. The right to a hearing, which includes the rights to
problem is one of determining the validity of the
present one’s case and submit evidence in support
classification made by law
thereof
- The guaranty of the equal protection is not violated by a
2. Tribunal must consider the evidence presented
legislation based on reasonable classification
3. Decision must have something to support itself
4. Evidence must be substantial
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 Christiane Marie L. Bajada Constitutional Law 2 USLS
- PH female domestics working abroad – a class by 2. Political rights of aliens don’t enjoy the same protection
themselves because of the special risks to w/c their as that of citizens
class is exposed (PH case) 3. Laws may validly limit citizens exclusively the enjoyment
of rights/privileges connected w/ public domain, public
Classification – the grouping of things in speculation or works or natural resources
practice because they agree with one another in certain
particulars SEARCH AND SEIZURE
- Available to all persons including aliens, whether
accused of crime or not
- Artificial persons are also entitled to the guaranty but
Kinds of test depending on the subject matter involved: they may be required to open their books of accounts
for examination by the State in the exercise of PP or
1. Strict scrutiny test – requires the government to show tax
that the challenged classification serves a compelling - Right is personal and invoked only by person entitled to
state interest and that the classification is necessary to it
serve that interest; used in cases involving - Right can’t be set up against acts committed by private
classifications based on race, national, origin, religion, individuals
alienage, denial of right to vote, and other rights - Right applies a restraint directed only against the
recognized as fundamental government and its agencies tasked w/ law
2. Intermediate or middle-tier scrutiny test – requires enforcement
government to show that the challenged classification - ‘right to be left alone’ extends not only to the privacy of
serves an important state interest and that the one’s own home but also to his office or business
classification is at least substantially related to serving establishment, including papers and effects that may
that interest; applied to suspect classifications like be found there
gender or illegitimacy - In issuing search warrants, judge must strictly comply w/
3. Minimum or rational basis scrutiny – government need constitutional & statutory requirements (Columbia
only show that the challenged classification is rationally Pictures v. Flores)
related to serving a legitimate state interest; the - Prohibited articles w/in plain view of law enforcement
traditional rationality test and it applies to all subjects officer who comes upon them inadvertently may also
other than those listed above be seized by him even w/o warrant (Harris vs. US)
- No cause for application of constitutional rule when what
Requisites of a reasonable classification:
are involved are routine checks consisting of a brief
1. Must rest on substantial distinctions question or 2; as long as limited to a visual search, said
a. Superficial differences do not make for a valid routine checks can’t be regarded as violative of an
classification individual’s right against unreasonable searches and
i. But certain physical differences can in some seizures (Valmonte v. De Villa)
instances be the basis of a valid classification - Purpose of search warrant – to gain evidence to convict
ii. Age may be a factor in the imposition of public - Purpose of warrant of arrest – to acquire jurisdiction
duties such as military service - Search warrant is valid despite the mistake in the name
2. Must be germane (relevant) to the purpose of the law of the persons to be searched
a. If classification is germane to purpose of the law, - A John Doe search warrant is valid. There is nothing to
concerns, all members of the class, and applies prevent issue and service of warrant against a party
equally to present and future conditions, the whose name is unknown only where it was shows that
classification does not violate the equal protection he was described as occupying & in control of a
guarantee building at a specified address (People v. Veloso)
3. Must not be limited to existing conditions only - Requirement of warrants is primarily meant to enable the
a. The classification must be enforced not only for the law enforcers serving the warrant to: (1) readily identify
present but as long as the problem sought to be the properties to be seized & prevent them from seizing
corrected continues to exist the wrong items & (2) leave officers w/ no discretion
4. Must apply equally to all members of the same class regarding the articles to be seized
a. Classification will be regarded as invalid if all the
Probable cause – facts and circumstances w/c would
members of the class are not similarly treated, both
lead a reasonable man to believe that an offense has
as to rights conferred and obligations imposed
been committed by the person sought to be arrested
b. Not necessary that the classification be made with
absolute symmetry; substantial similarity will suffice Requisites of a Valid Warrant
Classification of aliens: 1. Must be based upon probable cause
a. Finding of PC need not be based on clear and
GR: a legislative act may not validly classifcy the citizens
convincing evidence or evidence beyond reasonable
of the State on the basis of origin, race or percentage
doubt; does not require that the evidence would
XPN: justify conviction
b. It should be at least more than mere suspicion
1. In times of great & imminent danger, such as threatened c. Finding of PC merely binds over the suspect to stand
invasion of war, such classification is permitted when trial; not a pronouncement of guilt
the facts so warrant d. Corollary to the requirement is the rule that the
warrant must refer to only one specific offense
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 Christiane Marie L. Bajada Constitutional Law 2 USLS
2. Probable cause must be determined personally by the 1. Does not describe with particularity the things subject to
judge the search and seizure
a. What Constitution underscores is the exclusive & 2. Where probably cause has not been properly
personal responsibility of the issuing judge to satisfy established
himself of the existence of probable cause. In
satisfying himself of the existence, judge is not Exception to general warrants: general descriptions will
required to personally examine the complainant & not invalidate the entire warrant if other items have been
witnesses. He shall: particularly described (Uy v. BIR)
i. Personally evaluate the report & supporting Properties Subject to Seizure
documents submitted by the fiscal regarding the
existence of probable cause & on the basis thereof, - Where the search and seizure is made only for the
issue a warrant of arrest or purpose of obtaining evidence to be used against the
ii. If on basis he finds no probable cause, he may accused, the warrant is unlawful as it would violate the
disregard the fiscal’s report & require submission of right against self-incrimination
supporting affidavits to aid him in arriving @ - A proper court may order the return of the property held
conclusion as to the existence of probable cause solely as evidence should the Government be
(Soliven vs. Makasiar) unreasonably delayed in bringing a criminal
3. Determination must be made after examination under prosecution
oath or affirmation of the complainant and the 1. Properties subject of an offense
witnesses he may produce 2. Stolen/embezzled property/ other proceeds of an offense
a. Evidence offered should be based on their own 3. Used as a means of committing an offense
personal knowledge and not on mere information or
Admissibility of Illegally Searched Evidence
belief
b. Affidavits should be drawn in such a manner that the - Articles illegally seized are not admissible as evidence,
affiant could be charged with perjury if the allegations pursuant to the doctrine announced in Stonehill v.
contained are found to be untrue Diokno
c. Judge must take depositions in writing & attach them - But although the properties may have been seized in
to the record as these are necessary to enable the violation of the provision, it does not follow that its
court to determine the existence of probable cause owner shall be entitled to recover it immediately. If
(Mata v. Bayona) property is subject of litigation, it will remain in custodial
d. An application for a search warrant is a judicial egis until the case is terminated
process conducted either as an incident in a main - The legality of a seizure can be contested only by the
criminal case already filed or in anticipation of one yet party whose rights have been impaired thereby and the
to be filed objection to an unlawful search and seizure is purely
4. It must particularly describe the place to be searched personal and cannot be availed of by third parties
and the persons or things to be seized
a. the place to be searched or persons/things to be Warrantless Searches and Seizures
seized must be described with such particularity as to
- The essential requisite of probable cause must still be
enable the person serving the warrant to identify
satisfied before a warrantless search & seizure can be
them
lawfully conducted
b. a search warrant must particularly describe the place
o Probable cause must be based on reasonable ground
in order to be valid; otherwise, it is considered as a
general warrant which is proscribed by both for suspicion that a crime has been committed
jurisprudence & the Constitution (People v. Aruta)
o Standards for PC are different from those requires in
Preliminary inquiry – determines probable cause for the issuance of warrants; determined by:
issuance of a warrant of arrest  Information received and used as a basis for the
search
Preliminary investigation proper – ascertain whether the
 And additional factors and circumstances
offender should be held for trial or released; function of
- A warrantless search can be upheld as valid if made
the investigating prosecutor
incident to a lawful arrest, provided the lawful arrest
- A preliminary inquiry made by a prosecutor does not must precede the search of a person and his
bind the judge; merely assists him in making the belongings
determination of probable cause for the issuance of a - When the accused did not raise any protest when they,
warrant of arrest together with bags containing marijuana, were brought
- Determination of probable cause may be either to the police station for investigation & prosecution,
executive or judicial they were considered to have consented to be
o First is made by the public prosecutor during a searched
preliminary investigation Requisites for a valid in flagrante delicto arrest:
o Second is made by the judge to ascertain whether a
warrant of arrest should be issued against the 1. The person to be arrested must execute and overt act
accused (People v. Desmond) indicating that he has just committed, is actually
committing or is attempting to commit a crime
General warrant 2. Such overt act is done in the presence or within the view
of the arresting officer
One that:

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 Christiane Marie L. Bajada Constitutional Law 2 USLS
Instances when a search/seizure may be validly made - Remedy available to any person whose life, liberty and
notwithstanding noncompliance with the requisites: security has been violated or is threatened with
violation by an unlawful act or omission of a public
- Consented searches, as an incident to a lawful arrest officer or employee or of a private individual or entity
- Searches of vessels & aircraft for violation of - Engaged in the gathering, collecting, or storing data or
immigration, customs and drug laws information regarding the person, family, home, and
- Searches of moving vehicles correspondence of the aggrieved party
- Searched of automobiles at borders - Hearing can be done in private chambers
- Where the prohibited articles are in plain view
- Searches of buildings & premises to enforce fire, FREEDOM OF EXPRESSION (SPEECH, PRESS,
sanitary and building regulations ASSEMBLY & PETITION)
- Stop and frisk operations
- Customs searches - Available only insofar as it is exercised for the discussion
- Searches conducted under exigent & emergency of matters affecting the public interest
circumstances - Purely private matters do not come within the guaranty
- Every citizen has a right to offer his views and
Requisites for plain view doctrine suggestions in the discussion of the common problems
of the community or the nation
1. The law enforcement officer in search of the evidence
- The ideas that may be expressed are not confined only
has a prior justification for an intrusion or is in a
to those that are sympathetic or acceptable to the
position from which he can view a particular area
majority; it should permit the articulation of even the
2. The discovery of the evidence in plain view is inadvertent
unorthodox view
3. It is immediately apparent to the officer that the item he
- Speech is not limited to vocal communication; form of
observes may be evidence of a crime or otherwise
expression is just as important as the information
subject to seizure
conveyed that it forms part of the expression (Diocese
RIGHT TO PRIVACY AND PRIVACY OF of BCD v. COMELEC)
COMMUNICATION Components:
- The right to be free from unwarranted exploitation of 1. Written or spoken words (recorded or not)
one’s person or from intrusion into one’s private 2. Symbolic speech
activities in such a way as to cause humiliation to a 3. Movies
person’s ordinary sensibilities
- Accorded recognition independently of its identification Elements:
with liberty; fully deserving of constitutional protection
(Morfe vs. Mutuc) 1. Freedom from pervious restraint or censorship
- Anti-Wire Tapping Act – makes it illegal for any person 2. Freedom from subsequent punishment
not authorized by all the parties to any private Note: restraint may be either content-based or content
communication to secretly record such neutral
communications by means of a tape recorder
Content-based Content neutral
Requisites of existence of privacy right regulation (censorship)
Restriction is based on Merely concerned with
1. Subjective: person has exhibited an actual expectation of
the subject matter of the the incidents of the
privacy
utterance or speech speech or one that
2. Objective: the expectation be one that society is merely controls the time,
prepared to recognize as reasonable place or manner and
under well-defined
Intrusion, when allowed:
standards
1. By lawful order of the court Speaker was to be If the speaker were to be
2. When public safety or public order requires otherwise, as controlled in his actual told when or where he
may be provided by law speech or in what he may may speak
actually say
Forms of correspondence covered: Can either be based on Only a substantial
the viewpoint of the governmental interest is
1. Letters speaker or the subject of required for its validity
2. Messages the expression
3. Telephone calls Bears a heavy When prior restraint
4. Telegrams and the like presumption of invalidity partakes of such
and is measured against regulation, it is subjected
Tests of reasonable expectation of privacy: the clear and present to an intermediate review
danger rule
1. Whether by his conduct, an individual has exhibited an
Subjected to strict Subject to the
expectation of privacy scrutiny intermediate form of
2. Whether such expectation is one that society recognizes judicial scrutiny
as reasonable Treated as more suspect
Writ of Habeas data
O’Brien Test (C-GUN) – determine whether content-
based or content-neutral:
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 Christiane Marie L. Bajada Constitutional Law 2 USLS
1. If it was within the Constitutional power of the gov’t the courts is to determine which of the 2 conflicting
2. If it furthers an important/substantial Gov’t interest interests demands the greater protection under the
3. If the gov’t interest is Unrelated to the suppression of particular circumstances presented (ACA v Douds)
free expression - If in a situation it should appear that there is urgent
4. If the incidental restriction is No greater than is essential necessity for protecting the national security against
to the furtherance of that interest improvident exercise of freedom of expression the right
must yield
Freedom from Censorship - Flaw is that it allows the courts to decide that this
- Censorship is allowable only under the clearest proof of freedom may not be enforced unless they believe it is
a clear and present danger of a substantive evil to reasonable to do so
public safety, morals, health or any other legitimate
Assembly and Petition
public interest:
o There should be no doubt what is feared may be - Public issues are better resolved after an exchange of
traced to the expression complained of. views among citizens meeting with each other for the
o Also, there must be reasonable apprehension about purpose
its imminence. It does not suffice that the danger is - Not subject to previous restraint or censorship
only probable. [Gonzales v. Kalaw-Katigbak (1985)] - If assembly is to be held in a public place, a permit for
- Censorship conditions the exercise of freedom of
the use of such public place and not for the assembly
expression under the prior approval of the government
o Only those ideas acceptable to it are allowed to be itself, may be validly required
- Public Assembly Act – a permit for the holding of a public
disseminated; all others are restricted or suppressed
- It is not lawful to require the obtention from the assembly shall not be necessary where the meeting is
authorities of a speaker’s permit before a person may to be held in a private place. Where a permit is
deliver a speech or the previous submission of the required, the written application shall be filed w/ the
speech for their approval mayor’s office at least 5 days before the scheduled
- Censorship need not partake of total suppression; even meeting & shall be acted upon w/in 2 days, otherwise
restriction of circulation is unconstitutional permit shall be deemed granted
- Law prohibits law-enforcement agencies from interfering
Subsequent Punishment w/ a lawful assembly but permits them to detail a
contingent under a responsible commander at least
- Freedom of speech includes freedom after the speech, 100m away from the assembly in case it becomes
without this assurance, citizen would hesitate to speak necessary to maintain order
for fear of vengeance from officials
- Freedom of expression does not cover ideas offensive to
public order or decency or the reputation of persons, FREEDOM OF RELIGION
which are all entitles to protection by the State
Religion – any specific system of belief, worship,
Criteria for liability of the individual for ideas expressed conduct, etc. often involving a code of ethics and a
by him philosophy

Clear and present danger rule - Also includes a rejection of religion

- The most libertarian of these tests

- The question in every case is whether the words used Separation of Church and State
are used in such circumstances and are of such nature - Idea is to delineate the boundaries between the two
as to create a clear and present danger that they will institutions & thus avoid encroachments by one against
bring about the substantive evils that the State has a the other because of a misunderstanding of the limits
right to prevent (Schenck v. US) of their respective exclusive jurisdictions
- The danger created must not only be clear and present
but also traceable to the ideas expressed Non-establishment clause – prohibits excessive gov’t
entanglement w/ endorsement or disapproval of religion
- Purpose – to prevent expression from being uttered

Dangerous tendency Doctrine Acts Permitted:

- If the words uttered create a dangerous tendency which 1. Tax exemption

the State has a right to prevent, then such words are 2. Operation of sectarian schools
punishable. It is sufficient that such acts be advocated 3. Religious instruction in public schools
in general terms and if the natural tendency and 4. Public aid to religion
probable effect of the utterance be to bring about the
substantive evil which the legislative body seeks to RIGHT TO TRAVEL (Liberty of Abode and
prevent (Cabansag v Fernandez) Travel)
- A person could be punished for his ideas even if they
only tended to create the evil sought to be prevented - Liberty guaranteed: (1) freedom to choose & change
one’s place of abode and (2) freedom to travel both
Balance-of-Interest test w/in the country & outside
o Limitations: liberty of abode – ‘upon lawful order of
- When particular conduct is regulated in the interest of the court’; right to travel – national security, public
public order, and the regulation results in an indirect, safety or public health as may be provided by law
conditional, partial abridgment of speech, the duty of

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 Christiane Marie L. Bajada Constitutional Law 2 USLS
- Employment agency has no power to curtail the freedom concern
of movement of employees (Caunca v. Salazar) Mandatory Requires a
- Purpose – further emphasize the individual’s liberty as demand/request for one
safeguarded in general terms by due process clause to gain access to
- Limitations – by the requirements of nat’l security, public documents & papers of
safety or public health as may be provided by law the particular agency
- Right – subject to requirement of public safety (PH Assn. Covers only transactions Has a broader scope of
of Service Exporters v. Drilon) involving public interest information w/c embraces
- Alien prostitutes can be expelled from PH in conformity transactions involving
w/ an act of Congress; remedies of victims of official public interest & any
oppression: civil action; criminal action; habeas corpus matter contained in
(Villavicencio v. Lukban) official communications &
- It is now required that the ascertainment of the grounds public documents of the
for the exception should be made by the executive gov’t agency
officers only “as may be provided by law” specifying
strict guidelines & appropriate standards Rights guaranteed:
- Court has power to prohibit a person admitting to bail 1. Right to information on matters of public concern
from leaving PH (Manotoc v. CA) 2. Corollary right of access to official records and
- Inherent limitations on the right to travel are those that documents
naturally emanate from the source
- Restrictions on the right are in the interest of national
security, public safety, or public health
Scope of right to access to information:
1. Official records
Exceptions: 2. Documents pertaining to official acts
- Restriction on the right to travel of persons charged of 3. Gov’t research data used as basis for policy
crimes before the courts development
- Restriction on persons subpoenaed or ordered arrested
by Congress pursuant to their power Limitations (restrictions to right of information)
1. Based on kinds of information
Return to one’s country: a. Exemptions:
- This is distinct under int’l law & is independent (though
i. Privileged information rooted in separation of
related) to right to travel
- President has power to impair the right when such return
powers
poses threats to the gov’t ii. Information of military & diplomatic secrets
iii. Information affecting national security
ACCESS TO PUBLIC INFORMATION iv. Information on investigations of crimes by law
- Recognized as a self-executory constitutional right enforcers before prosecution
- Sec. 28, Art. II – seek to promote transparency in policy- v. Offers exchanged during diplomatic
making and in the operations of the government as well negotiations
as provide the people sufficient information to exercise 2. Based on access
effectively other constitutional rights a. Opportunity to inspect & copy records at his
- An informed citizenry is essential to the existence and expense
proper functioning of any democracy
b. Not the right to compel custodians of official
- In the interest of trust and fairness, the citizen should not
be made to guess only at what is being done by public
records to prepare lists, summaries and the like
functionaries and base his views and conclusions on 3. Based on reasonable regulation for convenience of
mere rumors, half-truths, conjectures and even & for order in the office that has custody of
canards documents
- May be asserted by the people w/o need for any a. Discretion does not carry w/ it the authority to
ancillary act of legislature (Aquino-Sarmiento v. prohibit access, inspection, examination or
Morato) copying
- Access restrictions imposed to control civil insurrection 4. Based on availability – right available only to
have been permitted upon showing of danger that citizens
renders ordinary means inadequate (Baldoza v.
Dimaano)
RIGHT TO FORM UNIONS, ASSOCIATIONS OR
o The people are entitled to information on matters of
SOCIETIES
public concern & are granted access to official
- Especially meaningful in a free society because man is
records, documents of official acts, transactions, or
decisions subject to such limitations imposed by law. by nature gregarious
The incorporation of this right is a recognition of the - Already comprehended in due process
fundamental roles of free exchange of information in - Embraced in freedom of expression because the
a democracy organization can be used as a vehicle for the
- Right to information allows the public to hold public expression of views that have a bearing on public
officials accountable to the people & aids them in welfare
engaging in public discussions leading to the - Self-preservation is the ‘ultimate value’ of society. It
formulation of gov’t policies & their effective surpasses & transcends every other value for if a
implementation (PMO vs. SDPE Corp.) society cannot protect its very structure from armed
attack, no subordinate value can be protected (Ppl v.
Duty to disclose Duty to permit access Ferrer)
information to information on
matters of public
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 Christiane Marie L. Bajada Constitutional Law 2 USLS
- The right to associate includes the right not to associate 2. Affects rights of parties w/ reference to each other & not
& that this particular exemption was intended for the w/ respect to non-parties
benefit of laborers who were inhibited from joining labor
unions because of their religious beliefs (Victoriano v. Non-impairment clause prevails:
Elizalde Union) 1. Against power of taxation
- The closed-shop is a valid form of union security and a 2. Regulation on loans
provision in a collective bargaining agreement is not
considered a restriction on right to association Non-impairment clause yields:
- To compel a lawyer to be a member of the IBP is not
1. Invalid exercise of police power
violative of his constitutional freedom to associate;
2. Statute that exempted a party from any one class of
Integration does not make a lawyer a member of any
taxes
group of which he is not already a member. He
3. Against freedom of religion
became a member of the Bar when he passed the Bar
4. Judicial or quasi-judicial order
exams. Bar integration does not compel a lawyer to
associate with anyone, the only compulsion is the Modification of private contracts
payment of annual dues, such compulsion is justified
as an exercise of the police power (In Re Edillon) 3 part test (Energy Reserves Group v. Kansas power &
- Does not include right to strike & right to compel others Light)
to form an organization
1. state regulation must not substantially impair a
An organization may remove a member if: contractual relationship
2. the State "must have a significant and legitimate purpose
1. it is engaged in some form of expression, whether public behind the regulation, such as the remedying of a
or private broad and general social or economic problem.”
2. the forced inclusion of a member would significantly 3. the law must be reasonable and appropriate for its
affect the organization’s ability to advocate public or intended purpose
private viewpoints
Modification of government contracts
CONTRACT CLAUSE
- a higher level of scrutiny was needed for situations
Contract – refers to any lawful agreement on property or where laws modified the government's own contractual
property rights, whether real or personal, tangible or obligations (United States Trust Co. v. New Jersey)
intangible -
- Purpose is to safeguard integrity of valid contractual MIRANDA RIGHTS
agreements against unwarranted interference by the
State Miranda Doctrine – prior to any questioning during
- Should be respected by legislature & not tampered with custodial investigation, the person must be warned that
by subsequent laws that will change the intention of the he has a right to remain silent, that any statement he
parties or modify their rights & obligations gives may be used as evidence against him, and that he
- Protection of impairment clause is not absolute; there has the right to the presence of an attorney, either
are instances when contracts valid may become invalid retained or appointed
- It does not cover licenses as these involve grants of
Custodial investigation – any questioning initiated by law
privileges only that are essentially revocable
enforcement officers after a person has been taken into
Impairment – anything that diminishes the efficacy of the custody or otherwise deprived of his freedom of action in
contract any significant way.

- Degree of diminution is immaterial - Begins when there is no longer a general inquiry into an
- In the case of remedies, there will be impairment only if unsolved crime and the investigation has started to
all of them are withdrawn, with the results that either of focus on a particular person as a suspect
the parties will be unable to enforce his rights under the - This presupposes that he is suspected of having
original agreement committed a crime
- Despite the impairment clause, a contract valid at time of - Purpose – to protect a criminal defendant’s privilege
execution may be legally modified or completely against self-incrimination from the pressures arising
invalidated by a subsequent law. during custodial investigation by the police
- Police power is superior to the non-impairment clause - An extrajudicial confession, to be admissible, must be:
- Non-impairment clause is a limit on legislative power (1) voluntary; (2) with assistance of counsel; (3) in
writing; and (4) express
Requisites: - Court made the salutary reminder that swearing officers
should have confessants physically examined by
1. Substantial impairment
independent doctors before administering the oath, to
a. Change the terms either in time or mode of
discourage attempts to secure confessions through
performance
violence (People v. Barros)
b. Impose new conditions
- One of the indicia of voluntariness in extrajudicial
c. Dispenses w/ expressed conditions
statement is that it contains many details & facts w/c
d. Authorizes something different form that provided in
the investigating officers could not have known & could
the terms

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 Christiane Marie L. Bajada Constitutional Law 2 USLS
not have supplied w/o the knowledge & information Rights that cannot be waived
given by him (Ppl. vs. Muit)
- During custodial investigation, arraignment, trial and - Right to be informed of his right to remain silent and to
even on appeal, the accused is given the option to be counsel
represented by a counsel of his choice. But when he - Right to counsel when making the waiver of the right to
neglects or refuses to exercise this optin, the court remain silent or to counsel
shall appoint one for him. The accused’s option to hire Note: failure to ask for a lawyer does not constitute a
one of his own choice is limited. Such option cannot be waiver
used to sanction reprehensible dilatory tactics (Ppl. v.
Serzo) BAIL
- Any objection with respect to a violation of these rights
must be raised before arraignment. Bail – security given for the release of a person in
custody of the law, furnished by him or a bondsman,
Availability conditioned upon his appearance before any court as
may be required
1. When the person is already under custodial investigation
2. CI involves any questioning initiated by law enforcement - Only persons under detention may petition for bail, for
officer the purpose of bail is to secure their provisional release
3. During ‘critical pre-trial stages’ in the criminal process - Bail cannot be denied simply because the person
detained has not yet been formally charged in court but
Critical pre-trial stage – any critical confrontation by is still under investigation for the commission of an
prosecution @ pre-trial proceedings where results might offense
determine his fate & where absence of counsel may - The exception applies to any offense which may be
derogate from his right to a fair trial
punished by reclusion perpetua or death, even if a
Show-up – accused is brought face to face w/ witness for lesser penalty may be imposed upon conviction owing
identification to mitigating circumstances that may be disclosed later
- A hearing on bail is separate and distinct from the initial
Police line-up – suspect is identified by witness from a hearing to determine the exercise of probable cause
group of persons for that purpose - Hearing on the petition for bail is required to satisfy due
process, but this may be summary in nature or held in
^ GR: no right to counsel; XPN: right to counsel if
the course of the trial itself
accusatory
- Bail may not be granted upon mere ex parte motion
^ not part of custodial inquest, hence not yet entitled to
Kinds of bail
counsel
- Cash bond
Miranda vs. Arizona
- Security bond
- The prosecution may not use statements stemming from
Who may avail – all persons under custody of the law
custodial interrogation of the defendant unless it
demonstrates the use of procedural safeguards Who are not entitled:
effective to secure the privilege against self-
incriminations - Persons charged with offenses punishable by RP or
- As for the procedural safeguards, the ff. measures are death, when evidence of guilt is strong
required: - Persons convicted by the RTC (bail is only discretionary
o Prior to any questioning, the person must be warned upon appeal)
that he has a right to remain silent, that any - Persons who are AFP members facing a court martial
statement he does make may be used as evidence Duties of a judge once application for bail is filed:
against him, and that he has a right to the presence
of an attorney. 1. In all cases, whether matter of right or discretion, notify
o The defendant may waive effectuation of these rights, the prosecutor of the hearing of the application for bail
provided the waiver is made voluntarily, knowingly or require him to submit his recommendation
and intelligently 2. Where bail is a matter of discretion, conduct a hearing of
- If he indicates in any manner and at any stage of the the application for bail regardless of whether or not the
process that he wishes to consult with an attorney prosecution refuses to present evidence to show that
before speaking there can be no questioning the guilt is strong for the purpose of enabling the court
- If the individual is alone and indicates that he does not to exercise its sound discretion
wish to be interrogated, the police may not question 3. Decide whether the guilt is strong based on the summary
him. of evidence
- The mere fact that he may have answered some 4. If the guilt is not strong, discharge the accused upon
questions or volunteered some statements on his own approval of the bail bond
does not deprive him of the right to refrain from
Matter of right or matter of discretion
answering any further inquiries

Rights that may be waived (provided it must be in Matter of right Matter of discretion
Before conviction by an 1. In case the evidence
writing & in the presence of counsel)
offense not punishable by of guilt is strong. The
- Right to remain silent reclusion perpetua or if court’s discretion to
- Right to counsel offense is punishable by grant bail must be
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 Christiane Marie L. Bajada Constitutional Law 2 USLS
reclusion perpetua when exercised in the light o They run the risk of an inference from the non-
such evidence of guilts is of a summary of the production of evidence (Ppl. V. Solis)
not strong evidence presented
by the prosecution In order that circumstantial evidence may warrant
2. In extradition conviction, ff. requisites must occur:
proceedings.
Extradition courts do 1. There is more than one circumstance
not render judgments 2. The facts w/c the inferences are derived are proven
on conviction or 3. The combination of all the circumstances is such as to
acquittal so it does produce conviction beyond reasonable doubt
not matter WON the
crimes the accused is THE WRIT OF HABEAS CORPUS
being extradited for is
punishable by - A prerogative writ of liberty employed to test the validity
reclusion perpetua of a person’s detention
- Ultimate purpose is to relieve a person from unlawful
restraint
RIGHTS OF THE ACCUSED - A speedy & effectual remedy to relieve persons from
unlawful restraint
Criminal Due Process - Issued only for the lone purpose of obtaining relief for
- Requires that the accused be tried by an impartial and those illegally confined or imprisoned w/o sufficient
competent court in accordance with the procedure legal basis
prescribed by law - Only the privilege can be suspended
- The right (to preliminary investigation) is a component
part of due process in criminal justice. The right is a
substantive right. (Sales v. Sandiganbayan) When Available
- The conduct of preliminary investigation is subject to
requirements of substantive & procedural due process - An individual’s liberty may be restored by habeas corpus
- It is a part of the guarantee of freedom & fair play w/c are where he is subjected to physical restraint
birthrights of all who live in our country. It is imperative - Restrictive custody is nominal restraint which is beyond
upon the fiscal to relieve the accused from the pain of the ambit of habeas corpus; it is neither actual nor
going through a trial once it is ascertained that the effective restraint; it is a permissible precautionary
evidence is insufficient to sustain a prima facie case measure to assure the PNP authorities that the police
(Salonga v. Pano) officers concerned are always accounted for.
(Ampatuan v. Macaraig)
Requisites of Criminal due process: - The remedy of writ is available not only in cases of illegal
confinement or detention by which any person is
1. Accused is heard by a court of competent jurisdiction deprived of his liberty but also in cases involving the
2. Accused is proceeded against under the orderly process rightful custody over a minor
of law
3. Accused is given notice & opportunity to be heard Grounds for suspension
4. Judgment rendered is w/in the authority of a
constitutional law - In cases of rebellion or invasion, when the public safety
requires it
Presumption of Innocence - For a period not exceeding 60 days
- Within 48 hrs., pres. shall submit report to Congress
- Accusation is not synonymous with guilt which they may revoke or or suspend
- It is responsibility of the prosecution to establish the
defendant’s guilt beyond reasonable doubt, otherwise Test for valid suspension of the privilege of the writ –
he is entitled to acquittal arbitrariness, not correctness
- The burden lies on the prosecution to overcome such
presumption of innocence by presenting the quantum Conditions for valid suspension
of evidence required. The prosecution must rest on the 1. Presence of invasion, insurrection, or rebellion
strength of its own evidence and must not rely on the 2. Public safety requires it
weakness of the defense (Ppl. v. Angus)
- The constitutional presumption will not apply as long as SPEEDY DISPOSITION OF CASES
there is “some rational connection between the fact
proved and the ultimate fact presumed and the - Rules prescribing the time w/in w/c certain acts mustb e
inference of one fact from proof of anoher shall not be done are considered absolutely indispensable to the
so unreasonable as to be a purely arbitrary mandate” prevention of needless delays & orderly discharge of
- In case of conflict between presumption of regularity of judicial business
police officers, and the presumption of innocence of the Speedy trial Speedy disposition of
accused, the latter must prevail cases
- No inference of guilt may be drawn against an accused Refers to trial phase only Refers to disposition of
for his failure to make a statement of any sort. The cases (all phases)
neglect or refusal shall not in any manner prejudice or Criminal cases only Judicial, quasi-judicial, or
be used against him. (Ppl. V. Arciaga) administrative
proceedings

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 Christiane Marie L. Bajada Constitutional Law 2 USLS
4. Posse comitatus – in pursuit of persons who might have
violated the law, the authorities might command all
RIGHT AGAINST SELF-INCRIMINATION male inhabitants of a certain age to assist them (US vs
Self-incrimination – act of exposing oneself to an Pompeya)
accusation 5. Return to work order in industries affected with public
interest (Kapisanan ng Manggagawa sa Kahoy vs
- May be invoked in administrative investigations that Gotamco)
partake of the nature of or are analogous to criminal 6. Patria Potestas – unemancipated minors are obliged to
proceedings obey their parents so long as they are under parental
- He may not refuse to answer provided the question is power and to observe respect and reverence to them
relevant and otherwise allowed always (Art. 311, Civil Code)
- Not invoked where question relates to a past criminality
- Invoked only when and as the incriminating question is CRUEL AND INHUMAN PUNISHMENT
asked – true to ordinary witness
- The kernel of the right is against testimonial compulsion - Mere fines and imprisonment are not violative of Art. III,
only Sec. 19
- Applicable to – criminal prosecutions, gov’t proceedings, - Torture is a cruel punishment because it involves a
including civil actions & administrative/legislative deliberate design to increase the suffering of the
investigations prisoner in a manner so flagrant and oppressive as to
- Only natural persons can invoke this right; judicial revolt the moral sense of the community
persons are subject to the visitorial powers of the state - Mere severity does not constitute cruel & unusual
in order to determine compliance with the conditions of punishment
the charter granted to them - Penalty is cruel and inhuman if it involves torture or
- Applies to compulsory testimonial & doesn’t apply to lingering suffering
material objects - penalty is degrading if it exposes a person to public
humiliation.  Ex.  Being tarred and feathered, then
Based on: paraded throughout town
- wholly disproportionate to the nature of the offense
1. Humanitarian reasons – it is intended to prevent the - the constitutional limit must be reckoned on the basis of
State, with all its coercive powers, from extracting from
the nature & mode of punishment measured
the suspect testimony that may convict him;
2. Practical reasons – a person subjected to such Standards used:
compulsion is likely to perjure himself for his own
protection 1. The punishment must not be so severe as to be
degrading to the dignity of human beings
May be claimed by: 2.  It must not be applied arbitrarily
1. Accused – at all times; there is a reasonable assumption 3. It must not be unacceptable to contemporary society
that the purpose of his interrogation will be to 4. It must not be excessive, i.e. it must serve a penal
incriminate him purpose more effectively than a less severe
2. Witness – only when an incriminating question is asked; punishment would
since the witness has no way of knowing in advance
NON-IMPRISONMENT FOR DEBT
the nature or effect of the question to be put to him
a. He cannot invoke right when: Debt – any civil obligation arising from contract,
i. the question is relevant and otherwise allowed even expressed or implied
if the answer may tend to incriminate him or subject
him to civil liability - Includes even debts obtained through fraud since no
distinction is made in the Constitution (Ganaway v.
ii. the question relates to past criminality for which the
Quillen)
witness can no longer be prosecuted
- As long as the obligation to pay arises ex contractu, it is
iii. he has been previously granted immunity under a
considered a private matter between the creditor and
validly enacted statute
the debtor
RIGHT AGAINST INVOLUNTARY SERVITUDE - Remedy is a civil action only for the recovery of the
unpaid debt
- The condition of one who is compelled by force,
coercion, or imprisonment, and against his will, to labor DOUBLE JEOPARDY
for another, whether he is paid or not
- Right prohibits the prosecution again of any person for a
Exceptions: crime w/c he has been previously acquitted or
convicted
1. Punishment for a crime for which the party shall have - Object is to set the effects of the first prosecution forever
been duly convicted (Sec. 18, Art. III) at rest, assuring the accused that he shall not
2. Personal military or civil service in the interest of national thereafter be subjected to the dangers and anxiety of a
defense (Sec.  4, Art. II) 2nd charge
3. Naval enlistment – remain in service until the end of - This principle finds no application in administrative cases
voyage so that the crew would not desert the ship, o However, while contempt is not a criminal offense, it
making it difficult for the owners to recruit new hands to partakes of the nature of a criminal action
continue the voyage (Robertson vs Baldwin)

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- Where one offense is inseparable from another and 5. Offense that necessarily includes the 1st offense
proceeds from the same act, they cannot be subject to
separate prosecutions Exceptions:

Requisites 1. The graver offense developed due to “supervening facts”

arising from the same act or omissions constituting the
1. Valid complaint or information – where the original former charged
information is defective & case is dimissed on the 2. Facts constituting the graver charge became known only
motion of the accused, it may be validly renewed w/ the after the filing of the former complaint
filing of a correct information. But if information is 3. The plea of guilty to the lesser offense was made w/o
dismissed on the ground that it is defective when it is consent of the fiscal & the offended party
not so, another prosecution based on the same
allegation will constitute DJ When defense of DJ is available:
2. Filed before a competent court – court w/o jurisdiction 1. Dismissal based on insufficiency of evidence
can’t render a valid judgment; person charged before it 2. Dismissal because of denial of right to speedy trial
can’t plead DJ 3. Accused is discharged to be a state witness
3. To which the defended had pleaded – a defendant is
never placed under jeopardy until after he shall have EX POST FACTO LAWS AND BILL OF
pleaded to the charge against him during the ATTAINDER
arraignment
4. Of which he had been previously acquitted/convicted/ Ex Post Facto Laws
was dismissed/otherwise terminated without his
- Operates retroactively to affect antecedent acts
express consent – no problem if acquittal or conviction;
- Remedial laws may be given retroactive effect as they
difficulty if prosecution is terminated by dismissal
do not create new rights & operate in furtherance of the
because its consequences may vary
remedy
Kinds of Double jeopardy: - In Calder v. Bull, the Court said that when the law alters
the legal rules of evidence or mode of trial, it is an ex
1. When a person is put twice in jeopardy of punishment for post facto law.  Exception:  (Beazell v. Ohio) unless the
the same offense (1st sentence Sec. 21) changes operate only in limited and unsubstantial
2. When a law & an ordinance punish the same act (2 nd manner to the disadvantage of the accused.
sentence of Sec. 21) - Prohibition applies only to criminal legislation w/c affects
the substantial rights of the accused
Requisites for a valid defense of double jeopardy:
Kinds of Ex Post Fact Laws
1. 1st jeopardy must have attached to the 2nd
2. 1st jeopardy must have terminated 1. Every law that makes criminal an act done before the
3. 2nd jeopardy must be for the same offense as that in the passage of the law & w/c was innocent when done, &
first punishes an acts
2. Every law that aggravates a crime or makes it greaters
What are considered to be the same offense: than it was when committed
3. Every law that changes punishment & inflicts a greater
1. Exact identity between the offenses charged in the first punishment than the law annexed to the crime when
and second cases
committed
2. One offense is an attempt to commit or a frustration of 4. Every law that alters the legal rules of evidence
the other offense 5. Every law which imposes a penalty or the deprivation of
3. One offense is necessarily included or necessary a right for something w/c when done was lawful
includes the other 6. Every law which deprives persons accused of crime of
some lawful protection to w/c they have become
Note: where a single act results in the violation of
entitled
different laws or different provisions of the same law, the
prosecution for one will not bar the other so long as none Characteristics
of the exceptions apply
- To be ex post facto, the law must: (1) refer to criminal
Jeopardy attaches only (Almario v. CA) matters; and (2) be retroactive in its application; (3) to
the prejudice of the accused
1. Upon a valid indictment
2. Before a competent court Bill of Attainder
3. After arraignment
4. When a valid plea has been entered Bill of attainder – is a legislative act which inflicts
5. When the defendant was convicted/acquitted or case punishment without judicial trial.  If the punishment be
was dismissed or otherwise terminated w/o the express less than death, the act is termed a bill of pains and
consent of the accused penalties.” (Cummings v. Missouri)

When subsequent prosecution is barred: Elements:

1. Same offense 1. There must be a law

2. Attempt of same offense 2. The law imposes a penal burden on a named individual
3. Frustration of same offense or easily ascertainable members of a group
4. Offense necessarily included in the 1st offense

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 Christiane Marie L. Bajada Constitutional Law 2 USLS
3. There is a direct imposition of penal burden without
judicial trial

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