PHILIPPINE CONSTITUTION – Took effect on February 2, 1987

Parts of any Good Consitution

1. Constitution of Government – Those provisions which set up governmental
structure – Art II Sec 1, Articles VI, VII, VIII, IX and X. (Government of Laws and
not of Men).
2. Constitution of Liberty – Provisions which guarantee individual fundamental
liberty against governmental abuse. – Articles III, IV, XII, XIII (4 th Consitutional
Commission = Commission on Human Rights), XIV, XV - (Individual Freedom,
Guarantees rights of the citizens)
3. Constitution of Sovereignty – Provisions which outlines the process whereby the
sovereign people may change the constitution – Art II Section 1 (Sovereignty
resides in the people and all governmental authority emanates from them),
Articles V (Suffrage), XI (Accountability of public of officers), XVII (Amendment
or revision).

Essential Qualities of a written

Constitution
1. It must be broad in the sense that it provides for the organization and structure of
the entire government.
2. It must embody the political history of the nation, the present realities and the
future prospects of the nation’s destiny.
3. The Constitution must be brief for it must limit itself to the basic principles and
leave the implementations to such fundamental principles to the sound judgment of
the legislative department.
4. It must be definite in order to avoid unnecessary ambiguities which would later on
lead to confusion, brought about by the different interpretations and constructions
of its provisions.
Doctrine of Constitutional Supremacy – The Constitution is the fundamental law of the
land. If a law or contract violates any norm of the constitution that law or contract
whether promulgated by the legislative or by the executive branch or entered into by
private persons for private purposes is null and void and without any force and effect.
Doctrine of Hierarchy of Rights – In the hierarchy of civil liberties, the rights of free
expression and of assembly occupy a preferred position as they are essential to the
preservation and vitality of our civil and political institutions; and such priority gives
 these liberties the sanctity and the sanction not permitting dubious intrusions.
(Philippine Blooming Mills Employees Organization vs. PBM Co, June 5, 973)

LIFE

LIBERTY

PROPERTY

ARTICLE III BILL OF RIGHTS

Bill of Rights - May be defined as a declaration and enumeration of the individual rights and
privileges which the Constitution is designed to protect against violations by the
government or by individual or groups of individuals. It is a charter of liberties for the
individual and a limitation upon the power of the state.
Article III Section 1 – No person shall be deprived of life, liberty, or property without due
process of law, nor shall any person be denied of the equal protection of the laws.
Classifications of Rights
1. Natural Rights – refer to the rights possessed by every citizen without being granted by the
State for they are conferred upon by God to human beings so that he may live a fulfilled life.
(Ex. Right to live, right to love)
2. Constitutional Rights – rights which are conferred and protected by the Constitution. They
cannot be modified or taken away by the lawmaking body.
 Classification of Constitutional Rights
a) Political Rights – are the rights of the citizens which give them power to
participate directly or indirectly, in the establishment or administration of
the government. (Ex. Right of citizenship, suffrage)
b) Civil Rights –rights which the law will enforce at the instance of private
individuals for the purpose of securing them the enjoyment of their means of
happiness.
c) Social and Economic Rights – rights which are intended to insure the well-
being and economic security of the individual.
d) Rights of the Accused – rights intended for the protection of a person
accused of any crime.
e) Human Rights – rights which human beings have, simply because they are
human beings. These rights are quite independent of social circumstances or
 the achievement level which the individual has attained. (To guard our
guardians for they may violate their rights)
3. Statutory Rights – are rights provided by laws promulgated by the lawmaking body and
may be abolished by the same body. (Statute is a law promulgated by Congress)

Democracy – Government for the people by the people. Note: The people can propose to amend only
the Constitution but cannot propose a revision.

Sovereignty resides in the People and all government authority emanates from them.

Four (4) Grounds for the Removal of the President

1. Death
2. Permanent Disability
3. Impeachment
4. Resignation

Residual Power – Not provided in the Constitution. The President can exercise any power necessary to
keep the coutry intact (Preservation of the State)

Amending the Constitution

1. Proposal
2. Ratification

Ways to amend the Constitution

Constituent Assembly (ConAss) Constitutional Convention People’s Initiative

(ConCon)
By Congress acting as 1. By Congress upon a vote of plebiscite (at least 12% of the
Constituent Assembly upon a 2/3 of ALL its members (to call TOTAL number of registered
vote of ¾ of ALL its members. for a ConCon); OR 2. Upon a voters, of which every
majority vote of ALL members legislative district must be
 ¾ Vote must be of Congress to submit to the represented by 3% of the
obtained separately. Electorate the question of registered voters therein (1987
 ¾ of Senate/yeas calling a ConCon (+Plebiscite) Constitution, Art. XVII, Sec. 2)
 ¾ vote of Congress (1987 Constitution, Art. XVII, (+Full text of the proposed
 Separate Deliberation Sec. 3) amentments attached in the
petition)

Needs not a Joint session but Note: The people can propose
can be made thru separate to amend only the Constitution
session between Senate and but cannot propose a revision.
Congress.
Lambino vs Comelec – Grand Deception. COMELEC dismissed the petition. The signatories were not
informed as to the contents of the proposed amendments. Meaning the specific provision to be
amended must be in the petition itself signed by the people.

Amendment and Revision

Amendment Revision
Isolated or piecemeal change merely by adding, A revamp or rewriting of the whole instrument
deleting, or reducing without altering the basic altering the substantial entirety of the
principles involved. Constitution.

LIMITS: No amendment be authorized oftener than once every 5 years (1987 Constitution, Art. XVII, Sec.
2).

Ratification – Plebescite – Rejection or Approval by the Citizens upto 90 days after submission of
Congress.

Tolentino vs Comelec – Piecemeal changes thru ConCon cannot be ratified one by one, there shall be
only one plebescite.

Doctrine of Proper Submission A plebiscite may be held on the same day as a regular election.
(Gonzales v. COMELEC, G.R. No. L-28196, Nov. 9, 1967)

LEGISLATION IS NOT COMPELLABLE – Discretion of Congress, Only in Treaty Rights and Obligation can
congress be compelled. (Treaty when signed by Congress becomes part of the law of the land)

JUDICIARY 2 Divisions of – 7, 5, 3 members each.Only those who voted can be counted in the
denominator in a decision of the Supreme Court.

If the voting is tied case will be dismissed.

 Police Power vs. Taxation vs. Eminent Domain

Common limitations on these powers

1. May not be exercised arbitrarily to the prejudice of the Bill of Rights

2. Subject at all times to the limitations and requirements of the Constitution and may in proper cases
be annulled by the courts, i.e. when there is grave abuse of discretion.

POLICE POWER – Police power is the power of the state to promote public welfare by
restraining and regulating the use of liberty and property in order to promote the general welfare. It is
the most pervasive, the least limitable, and the most demanding of the three fundamental powers of
the State.

Elements of Police Power:

1. Imposition of restraint upon liberty and property.

2. The power is exercised for the benefit of the common good.

The power to regulate does not include the power to confiscate and prohibit. When there is confiscation
of property the state is executing the power of eminent domain.

-In the exercise of Police Power, a property right is impaired by regulation, or the use of property is
merely prohibited, regulated or restricted. Difference with eminent domain is that payment of just
compensation is not required against noxious properties in order to promote public welfare. Right of
ownership is not appropriated for use by or for the benefit of the public.
for: Requisites for the valid exercise of police power

A. Lawful Purpose (Subject) – Interest of the public generally, as distinguished from those of a
particular class require the interference of the State.
B. Lawful Means – Means employed must be reasonably necessary. Means employed must be not
unduly oppressive.

These two shall be present in police power. (Lucena Grand Terminal, Inc. vs Jac Liner, February 23, 2005)

1. Police Power essentially legislative.

2. Legislation is not compellable – Hindi mo pwede pilitin and congress na magpasa ng batas. Ex:
You cannot compel congress to ban smoking.

LGU’s exercise police power through their respective legislative bodies (Sanggunian). Subject to the
limitation that its exercise must be reasonable and for the public good. Mayor’s cannot exercise police
power.

Test of a valid ordinance. (Tatel v Municipality of Virac, 11 March 1992)

1. Must not contravene the Constitution or any statute.

2. Must not be unfair or oppressive (Sporting element of fair play)
3. Must not be partial or discriminatory
4. Must not prohibit but may regulate trade
5. Must be general and consistent with public policy
6. Must not be unreasonable

Due Process – Due process of law has two aspects: substantive and procedural.
Substantive due process refers to the intrinsic validity of a law that interferes with the rights of a person to
his property.

Procedural due process, on the other hand, means compliance with the procedures or steps, even periods,
prescribed by the statute, in conformity with the standard of fair play and without arbitrariness on the
part of those who are called upon to administer it. In order that a particular act may not be impugned as
violative of the due process clause, there must be compliance with both the substantive and the
procedural requirements thereof.

1. Notice
2. Hearing
PITA vs CA – Yes, removing of peddlers in the sidewalk is a valid exercise of police power. Hoerver,
confiscation of property in clearing operations is not a valid exercise of police power because that is a
private property and the taking of property requires due process.

Fernando vs Scholastice – You cannot invoke police power for aesthetic purposes.

FREEDOM OF THE MIND –FREEDOM OF SPEECH (3 Levels of Scrutiny)

1. Compelling strict interest – unavoidable

2. Rational basis standard
3. Heightened – Immediate scrutiny – Gender or legitimacy issues.

Anti-terror Law – The fault is not in its purpose but on the methods.

 Chilling Effect
 Curtail Freedom of Expression
 Curtail Freedom of Assembly
 Arbitrariness

EMINENT DOMAIN – Art. XII Section 18 The state may, in the interest
of national welfare or defense, establish and operate vital industries and, upon payment of just
compensation, transfer to public ownership utilities and other private enterprises.

Private Property shall not be taken for public use without just compensation (Article III Section 9)

Requisites for the exercise of eminent domain:

1. Necessity – Kung Congress it is a political question but may be reviewed by the court if there is
grave abuse of discretion (Article VIII Section 1), If exercise by the delegate it is a justiciable
question.
2. Private Property – Dapat private property lang ang e expropriate kasi kung pag aari na ng
government ano pa ang expropriate diba?
3. Taking (See below)
4. Public Use – Once the property is expropriated for public use it must remain for public use.
Bawal ebenta sa private persons.

Requisites of Taking in Eminent Domain

1. Expropriator must first enter the private property.

2. Entry cannot be momentary but for a longer period of time.
3. Entry must be in accordance with a legal authority.
4. The property taken must be for public use.
5. The property must be utilized in such a way as to oust the owner depriving him of his property
or the beneficial enjoyment of the property.

Kinds of Taking:
 Possessory Taking – when the government confiscates or physically occupies property.

Regulatory Taking – when the government’s regulation leaves no reasonable economically viable
use of the property. (City of Manila vs Laguio, April 12, 2005)

- A public property can be taken for another public use. (Necessity)

- Ang taking ay maaring eminent domain or police power. Kapag police power walang just
compensation kapag ito ay para sa safety.
- The time of the taking is to determine the character whether agricultural or commercial.

Section 19 of the Local Government Code

- If the taking is based on a general grant of authority = Justiciable
- If a specific law from Congress it is under = Political Question (Taking based on Law)

-Expropriation proceedings will continue regardless if the public use cease to exist for so long as there
are damages the proceedings for damage on the property will continue. Ex: Nagtayo ng NAPOCOR tower
sa gitna ng palayan tapos nilipat din sa highway. Hindi ibig sabihin na wala ng taking kasi maaring na
diminute (burden placed on the property) (nasira ang quality ng lupa) ang palayan or hindi
napakinabangan ng magsasaka ang parte ng palayan na tinayuan ng tower. Kaya kelangan parin ng just
compensation.

Procedure for Expropriation

1. Rule 67 of the Rules of Court
2. First, Condemnation
3. Second, The ascertainment of just compensation

Power of Eminent Domain May be Delegated to the ff:

1. The President
2. Law making bodies of LGUs (Ordinance) – LGU do not have the power of eminent domain, it
must be delegated by congress through legislation. This was through RA 7160 wherein Congress
conferred upon LGUs the power to expropriate.
Requisites for LGUs to exercise the power of eminent domain:
 Ordinance is enacted by the local legislative council (Not the Mayor)
 Exercise for public use
 Payment of Just compensation
 Valid and definite offer has been previously made to the owner.
3. Public Corporations (Provinces, Chartered Cities, Barangays)
4. Quasi-public corporations (Utility, Railroad, Warehouse, telegraph, water supply, transportation
companies) Those rendering public service or function while purposely organized for gain.

Just Compensation - is defined as the full and fair equivalent of the loss of the property taken
from its owner by the expropriator. Its true measure is not the taker's gain, but the owner's loss.
Just compensation must be paid in full and on time. If there is delay the owner is entitled to
interest dahil sa lost income. Interest: APO Fruits case BSP Regulation 6%.
Reckoning of Just Compensation –
1, Date of the taking of the property
2. Filing of the complaint, whichever comes first. Pag ayaw ipakuha ng owner ang property.

Can be agreed by the parties on the determination of just compensation without judicial
intervention (Republic vs Gingoyon, December 19, 2005)

Fair Market Value – Price that may be agreed by the parties who are willing but not compelled
to enter into a contract of sale. Highest price in terms of money which a property will bring if
exposed for sale in the public market. Unless the parties cannot agreed the court may then
intervene. A part of the property shall only be compensated but the entire property may be
included if the benefit to the owner has been diminuted. Ex: A part of the house was
expropriated. Therefore the beneficial use of the house has been diminuted and thus the owner
may demand the price of the entire property.
Zonal Valuation – By way of suggestion to the Court. Because only the Court can determine the
value or the just compensation to be paid. IBIG SABIHIN JUDICIARY LANG ANG PWEDE AT
HINDI EXECUTIVE. EXCLUSIVE PREROGATIVE OF JUDICIARY.
Inverse Conversion Proceedings (Reverse Eminent Domain) – Baliktad ibig sabihin ang
property owner ang mag fifile ng case for just compensation. (NPC vs Heris of Sangcay –
Tunnel sa ilalim ng lupa).
Kneech vs CA – Not only the owner even the lessee’s or mortgagees. Ex: Sa farmland
1. Kapag may tenant na nag tanim meron din sila just compensation.
2. Except if this is a contractual obligation na meron provisions na mabibigyan sya ng pera kapag
nagkaroon ng expropriation.

A third party who owns the debt of the second party cannot join the expropriation proceeding for just
compensation. Hindi pwede makapag motion to intervene.=MMotion to iterved: procedure where a
third person (not named part in the case) may become a party in a case. Ex: I want to be part of a civil
case for collection of a sum of money between A (lessor) and B (lessee) because I am the registred
owner of the property being rented. That’s mine so B should pay me.

Eminent Domain cloncluded upon issuance of the Title.

10 hectares – 8 hectares was agreed for expropriation but when it was cocluded the title shows 10
hectares. The owner goes to the court and asks additional just compensation. The court denied saying
that only 8 hectares was taken and that the remedy of the owner should be to correct the Torrens Title
indicating that only 8 hectares was taken.

TAXATION – Art. VI Section 28 – Not self executing (Guideline only) Process

by which the government, through its legislative branch, imposes and collects revenues to defray the
necessary expenses of the government, and to be able to carry out, in particular, any and all projects
that are supposed to be for the common good. Simply put, taxation is the method by which these
contributions are exacted. Lifeblood of a nation.
 Taxation is a destructive power which intervenes with the personal and property rights of the
people and take a portion of their property for the support of the government. Tax statues are
construed as strictissimi juris against the taxpayer and liberally in favour of the taxing authority.
  Exercised by the legislature but may be exercised by the law making bodies of the LGUs (Art X
Section 5)

 The President (Art VI Section 28 (2) with grant from the congress.

-Nationality Principle – even living abroad

-Aliens
-Shares of stocks “in action”
-who may impose: legislature and local authority Article X section 5. Local governments may raise
revenues.

Taxes are the nation’s lifeblood through which government agencies continue to operate and with
which the State discharges its functions for the welfare of its constituents.

Taxes are distinguished from licenses in the sense that the former are levied to raise revenues whereas
the latter are imposed for regulatory purposes only. Fees for license are limited only to the cost of the
regulation.

If generating of revenue is the primary purpose and regulation is incidental, the imposition is a tax; but if
it for regulation and revenue is obtained it does not make it a tax. Depende sa purpose kung san
gagamitin ang revenue, maaring ma classify syang tax at license. Tax kapag gagamitin ang revenue sa
public use or works and license kapag e reregulate at nag taas ng fee para malimitahan ang isang non-
useful business.

Taxes are not considered debts

Taxation = Equitable (Mas Malaki income mas Malaki tax)

Based on ability to pay – Purpose: To prevent arbitrariness & should not be regressive.
Regrissive Taxation – Unfair na pataw ng tax. Mas malaking tax sa maliit na income at hindi proportional
sa tax sa Malaki ang income.
Progressive Taxation - The more you earn the more you are taxed.

Equal Protection Clause – Treated alike, responsibilities and liabilities imposed. Equal for those who have
some income to pay tax.

Distinction between equals – must be relavant for the purpose of the law. Kelanagan ang penalty
mahalaga dun sa intent ng law.

Uniformity in Taxation – All import subjected to the same tax rate. Including those manufactured locally
same tax rate.

Exemption sa Tax: Realty tax for relious, education, charitable. (LIADOC vs CIR)

Actually, Directly, Exclusively – If not it is taxable (Property and income tax) used by church, education,
charity. Kelangan for the purpose talaga ang pag gamit ng property for religious, educational, charitable
or else taxable ito. (Lung Center Case and LaSalle Case)
Double Taxation – Imposition of the same tax during same period, same taxing authority, same taxpayer.
Nagbayad na ang taxpayer siningil pa ulit. Not obnoxious.

Doubled taxation – Yung value ang nadoble.

Punzalan vs City of Manila – Magkaiba ang tax sa Manila at surrounding cities kasi mas Malaki kita ng sa
Manila na lawyer. (Old Case)

The power to tax includes the power to destroy only if it is used as a valid implement of the police
power in discouraging and in effect, ultimately prohibiting certain things or enterprises inimical to public
welfare. But where the power to tax is used solely for the purpose of raising revenues, the modern view
is that it cannot be allowed to confiscate or destroy. VAT sa sigarilyo, alak, casino, kotese etc.

The Power to Tax includes the power to destroy

The Power to Tax does not include the power to destroy. Kapag ang purpose lang ay to raise revenue
walang power to destroy kasi hindi na equitable.

Government is exempt from taxation. Taxation shall be uniformed and equitable.

Article VI Section 8 Par 2 President ma veto taxation.

Tax exemption with the concurrence of congress.

EQUAL PROTECTION
Art II Section 1 No person shall be deprived of life, liberty, or property wiyhout due process
of law, nor shall any person be denied the equal protection of the laws.
- Equal protection simply requires that all persons or things similarly situated should be treated
alike, both as to rights conferred and responsibilities imposed. (Ichong vs Hernandez, 101 Phil.
1155)
- Yung EO 1 ni PNOY na pina iimbistigahan si Gloria hindi valid kasi si Gloria lang ang
iimbestigahan hindi lahat ng nakaraang administration, therefore violative of the equal
protection clause.
- Exemptions: Yung sa aliens hindi sila pwede mag own ng 40% ng company based sa Art XII Sec 2
ng Consti.

Due process = Responsiveness to dictates of reason and Justice.

Notice + Hearing = Due Process

Equal Protection limits governmental discrimination. Extends to artificial persons only insofar as their
property is concerned.

Arbitrariness – Acts not based on reason or principle but on a whim.

If there is partiality the proceedings is nullified.

Judicial Due Process

1. Impartiality = Due Process
2. Jurisdiction must be properly acquired (Upon arrest must be validly done)
3. Opportunity to be heard.
4. Judegment must be based on evidence presented.

Requisites for Valid Qualification: (Equal Protection) People v Vera

1. Rest on substantial distinctions
2. Be germane to the purpose of the law
3. Not be limited to existing conditions only;
4. Apply equally to all members of the same class. (People v. Cayat, GR. No. L-45987, May 5, 1939)

Election to public office is not a reasonable classification People v Jalosjos

Basis for classification

1. Age
2. Gender
3. Religion
4. Economic Class
5. Ethnicity
6. Race
7. Sexual Orientation
8. Residence
9. Disability
10. Date of filing/ Effectivity of the law

Only a judge can issue a warrant except the Presidnet of the Philippines or the Comissioner of
immigration to an undesirable alien. Salazar v Achacoso

ARTICLE III SECTION 2 and 3

Section 2. The right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures of whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to
be determined personally by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly describing the place to be
searched and the persons or things to be seized.

Section 3. (1) The privacy of communication and correspondence shall be inviolable

except upon lawful order of the court, or when public safety or order requires otherwise,
as prescribed by law.

(2) Any evidence obtained in violation of this or the preceding section shall be
inadmissible for any purpose in any proceeding.
Essence of privacy is the “right to be let alone”. Right to be free from unwarranted exploitation of one’s
person or from intrusion into one’s private activities is such a way as to cause humiliation to a person’s
ordinary sensibilities. Right of an individual to be free from unwarranted publicity, or to live without
unwarranted interference by the public in matters in which the public is not necessarily concerned.

3 Kinds or categories of privacy.

1.Situational Privacy also referred as locational privacy (Section 2 Article III). -
2. Informational Privacy (Section 3 Article III par 1) -
3. Decisional Privacy Inherent in individual, may be subjected to regulation but only in the context that
there is a possibility of clear and present danger in these decisions that we shall be making as
individuals. e.g. US case roe vs wade on the matter relating to the decision of women to continue their
pregnancy or abortion. Not applicable to the Philippines different jurisprudence in the Philippines or
unconsitutuional, Imboong v Ochoa Section 12 of Article 2 family as a basic autonomous social
institution, right and duties of parents to rear their children. Article XV Section 3 par. 1 Rights of spouses
to rear their family.

Exclusionary Rule - Proscription (the action of forbidding something; banning.) under Section 3 par
2 of Article III that any evidence obtained inviolation of Section 2 or Section 3 of Article III shal be
inadmissible for any purpose in any proceeding.

Arrests, Searches and Seizures

Probable Cause – For any Arrests, Searches and Seizures to be valid there must be probable cause.
Preliminary investigation probable cause is determined.

5 Context for probable cause to be understood:

1. Preliminary Investigation - Prosecution merely executive. In other words the executive
merely alleges crimes. It is the judiciary that decides WON the crime has been committed.
The executive (Prosecutor under DOJ) determines whether there is sufficient ground or in
other words there is probable cause for the filing of information against the respondent.
The probable cause is not proof of guilt but is necessary to try and prove guilt. In the context
of preliminary investigation even hearsay evidence or chismis is allowed if the hearsay or
chismis is so strong so as to a filing of information.
2. When the information is received by the judge there is no need for a motion for a judicial
determination but the judge must do it on his own whether or not probable cause exist for
the issuance of a warrant of arrest of the accused so the court can acquire jurisdiction over
the person of the accused and to they proceed with the trial. Evaluate the submission of the
prosecution before issuing warrant of arrest. This is not an appeal but a constitutionally
required. Automatic to ang judicial determination for probable cause prior to issuance of
warrant of arrest, hindi na kailangan ng motion, inherent ito sa judge na mag determine ng
probable cause. Kapag di nya ginawa ay maaring maging administratively liable ang judge at
ma invalidate and proceedings entirely.
 Q: Sa pag issue ng arrest warrant duty-bound ba ang judge to personally examine
the complainant and the witnesse/s.
 Ans: No. (enrile vs Salazar 1990), Ang kelangan lang ng judge is to personally
evaluate the submissions of evidence of the prosecution. Exception sa Section 2 Art
III.

3 Things a Judge can do after receiving the criminal complaint:

1. He can find a probable cause and issue a warrant of arrest.
2. Require the prosecution to make additional submissions to enable him determine the
existence of probable cause.
3. Outright dismissal of the case.

4 Warrantless arrest. There should be probable cause to justify a warrantless arrest. No

existing case or complainant but the probable cause is found in the rules of court section
114. 3 basic situations to justify warrantless arrest 1. Inflagrante delicto (caught in the act)
e.g. buy bust. 2. Hot pursuit the law enforcement did not saw the actual crime being
committed but saw the possible culprit e.g. a man running away from the scene with a knife,
the probable cause here is the reasonable belief that the crime has been committed and the
person being pursued is the person presumed to be the culprit, detention is justified,
probable cause is hot pursit. 3. Escaped convict probable cause exist.
 Q: Na inform and police na si A galing benguet on a given date and time may dalang
bayong puno ng marijuana sasakay sa victory liner at mag disembark sa pasay.
Inabangan si A ng police at nakita nga si A sa bus, inantay nila na makababa si A,
pagkababa ni A habang nag aantay ng jeep inaresto sya ng mga police at nakita ang
marijuana. Valid ba ang arrest?
 No, the elements of a warrantless arrest was absent in this case. A was merely
waiting for the jeepney thus he was committing no actual crime so hindi sya
inflagrante delicto. Hindi din sya hot pursuit at hindi din sya escaped convict.
Therefore, invalid ang warrantless arrest, the seizure and search of the bayong was
invalid, the marijuana that was seized was inadmissible evidence.
 Q: Si A ininform si police na may pot session sa bahay ni B. Pinuntahan ng police ang
bahay at nung nasa gate na sila biglang lumabas si B at inaresto nila. Sinilip ni police
at nag tiptoe through the window to see the marijuana naka imbak. Valid ba ang
arrest kay B?
 Ans: No, B was merely exited the gate and thus was not committing a crime. In
addition, they unlawfully intruded into the premises into the house. The police had
to tiptoe to see the marijuana. It was not in plain view and visible to begin with, they
had to unlawfully untrude into the house and peek. It was not an inflagrante delicto
they in fact had to probe and go inside the house, therefore not a valid warrantless
arrest. The seizure was inadmissible.

5 Search Warrant (seizure of evidence after the search, the most strict probable cause) –
There is a need for the applicant to go to the court and actually present evidence based on
personal knowledge and testify as to the fact that there is a crime being committed and the
products and objects of the crime are in the place intended to be searched. Probing
questions by the judge on the witnesses. The testimony must be incorporated in the records
of the case leading to granting of search warrant.
  Q:Valid ba ang arrest ng person na may valid arrest warrant at search warrant kahit
mistaken identity, pero nung sinearch or frisk nakita ang shabu, admissible ba nag
shabu as evidence kahit hindi sya talaga yung tao na subject to arrest?
 Ans: Valid sya so long as the arresting officers believe in good faith that they
arrested the right man. Admissible ang shabu as evidence kasi valid ang arrest at
search warrant. (Brillante v Ombudsman)

6 Warrantless searches (Inflagrante Delicto) – can lead to seizure of objects used in the crime.
Probable cause is needed. There must be first be a prior valid arrest on the basis of arrest
warrant or warrantless arrest. Buy Bust operation/ Entrapment (valid) vs inducement
(unlawful). Example: Si X iniform si police na si A nagbebenta ng shabu. Nag panggap si
police na buyer ng shabu, benentahan si police ni A ng shabu, right then and there pwede e
arresto ni police si A. (inflagrante Delicto)

DECEMBER 09, 2020

FREEDOM OF EXPRESSION page 131

Article III Section 4 and Section 8 as well as 5 Section 7 and 6

Oliver Wendell holmes US vs Abrams on democracy and freedom of expression.

1. Politically disadvantaged speech shall prevail as against state regulation, but

state regulation which promotes politically disadvantaged speech should always
be preferred.

2. Marketpalce of ideas. Politically disadvantaged speech prevails the truth will

prevail.

Freedom of expression is not absolute.

1. Freedom from prior restaraint

2. Freedom from subsequent punishment.

Clear and present danger rule. If it would clearly create or cause present danger the state
shall have the right to censure you. It should also be imminent or present. Then speech can
be curtailed or the state can censure you. When the Security of the State in times of war the
state can curtail freedom of speech. This is thru police power based on the standard of clear
and present danger rule.
Words, symbols,

Low value expression subjected to prior restrait and subsequenst punishment.

Content based regulation = censorship. Bawal kumanta ng whitney houstonn etc. curtailing
ng speech mismo.
Content neutral regulation = provides when and where the utterance can be spoken. Pag
sinabi kung saan at kelan. Ibig sabihin limitadong lugar at araw lang. Videoke from 9pm to
10am bawal conten neutral.
Elements: 1. Peace and order. 2.

Only the court has the power to curtail freedom of the press thru contempt if it will
undermine the integrity of the judiciary.

Heckler’s Veto (2014 Bar) Occurs when an acting party's right to freedom of speech is curtailed or
restricted by the government in order to prevent a reacting party's behavior. The term Heckler’s
Veto was coined by University of Chicago professor of law Harry Kalven. The “heckler's veto”
involves situations in which the government attempts to ban protected speech because it might
provoke a violent response. In such situations, “the mere possibility of a violent reaction to
protected speech is simply not a constitutional basis on which to restrict the right to speak”. (Roe v.
Crawford, 514 F.3d 789, January 22, 2008) It may be in the guise of a permit requirement in the
holding of rallies, parades, or demonstrations conditioned on the payment of a fee computed on the
basis of the cost needed to keep order in view of the expected opposition by persons holding
contrary views. (Gorospe, 2006, citing Forsyth County v. Nationalist Movement, 505 U.S. 123, June
19, 1992). Violence arises from the speech.

FREEDOM OF RELIGION
Art III Section 5

The freedom to believe and not to believe.

Inviolability of the separation of church and state.

The State cannot dwell into the beliefs but the state can regulate and prohibit religious act.

Article VI Section 29 Read

Conscientious Objector - An "individual who has claimed the right to refuse to perform military
service on the grounds of freedom of thought, conscience, and/or religion.” (International Covenant
on Civil and Political Rights, Art. 18)

Requisites for one to be considered a conscientious objector

1. The person is opposed to war in any form;
2. He must show that this opposition is based upon religious training and belief; and
3. And he must show that this objection is sincere. (Clay v. United States, 403 U.S.698, June 28,
1971) IMPORTANTE ANG WORD NA SINCERE.

ARTICLE II Section 4 READ personal military or civil service.

Freedom of association = freedom to join or not to join.

To strengthen union the constitution guarantees that an employee may be dismissed from service
ifhe refuses to join the union. Except if the individual is a conscientious objector.

Benevolent Neutrality - Benevolent neutrality is an approach that looks further than the secular
purposes of government action and examines the effect of these actions on religious exercise.
Benevolent neutrality recognizes the religious nature of the Filipino people and the elevating
influence of religion in society; at the same time, it acknowledges that government must pursue its
secular goals. In pursuing these goals, however, government might adopt laws or actions of general
applicability which inadvertently burden religious exercise. Benevolent neutrality gives room for
accommodation of these religious exercises as required by the Free Exercise Clause. It allows these
breaches in the wall of separation to uphold religious liberty, which after all is the integral purpose
of the religion clauses. (Estrada v. Escritor, A.M. No. P-02-1651, August 4, 2003)

Lemon Test A test to determine whether an act of the government violates the non-establishment
clause. To pass the Lemon test, a government act or policy must: 1. Have a secular purpose; 2. Not
promote or favor any set of religious beliefs or religion generally; and 3. Not get the government too
closely involved (“entangled”) with religion. (Lemon v. Kurtzman, 403 U.S. 602, June 28, 1971).

DECEMBER 16, 2020

Section 6
Police power competence of the state and the local executives. State can regulate the right to
travel. E.g. passport
Libety of Abode is not absolute.

Whenever there is unlawful detention a petition of habeas corpus (Political cases, and unlawful
detention) (-palladium of liberty-) through a writ can be remedied. Villavecencio v Lucban.

Kaongka v Salazar – detained maid by employer who cannot pay her employer. Habeas corpus.

 Right to bail if lawfully detained. Petition for bail

 Habeas corpus if unlawfully detained. Justify the detention issued by the Court. Failure to
justify the Court will order the release.

Suspension of writ of harbeas courpus. Producing the body is not deferred but the process is
deferred.

Hospital detaining an individual a petition for writ of habeas corpus may be issued by the Court.

Forcible entry or squatter occupying a property the Court may order the xpulsion of these
individuals. This is a limitation to right of abode.

The limitations on the right to travel

a. Interest of national security;
b. Public safety; and
c. Public health.

A minor travelling with only the husband or a wife it needs the authorization from the other spouse.
Unconstitutional if order by DOJ banning travel of individual subject in a preliminary investigation
if there is no law.

Hold departure order respondent in a preliminary investigation. DOJ can apply with a court for a
precautionary hold departure order to impair the right to travel of respondents in a preliminary
investigation Genuino v Delime. May be allowed to travel provided he provides a bond. Inhherent
power of the Court.

Congress in legislative inquiry may impair the right to travel a resource person. Inherent power of
the legislative.

Leave division of hoisment.

Section 7 right to free information

Limitation of Public information e.g. executive privilege(Sereno v Committee on Trade)., executive
session. Burden is through the one who claims that the information is not an executive privilege.

1. National security matters. These include state secrets regarding military, diplomatic and other
national security, and information on inter-government exchanges prior to the conclusion of
treaties and executive agreements.
2. Criminal matters relating to investigation, apprehension, and detention of criminals which the
court may not inquire into prior to arrest, prosecution and detention;
3. Trade and industrial secrets and other banking transactions as protected by the Intellectual
Property Code and the Secrecy of Bank Deposits Act; and
4. Other confidential information falling under the scope of the Ethical Safety Act concerning
classified information. (Chavez v. PCGG, G.R. No. 130716, December 9, 1998)

Section 8 freedom of association

Quezon city Parents Teachers Association v. Dep-Ed.

People v Ferrer Subversion outlaws the CPP.

In re Marcial edillion refusal to pay dues, but he may not join the activities of IBP.

Section 10 non impairement of contacts

Police power, taxation and eminent domain always prevails the stipulations in the contract. Basta
valid ang exercise nung tatlo.

Section 11 Free access to courts

Section 12 Rights of the accused. Miranda

Rights
Miranda v Arizon (Where Miranda was derived) – acquitted for not having the Miranda right.

People vs bokingo.

Elements of Miranda right.

First element dapat sya ay suspect or focus of the investigation. Hindi sya nag aarise sa general
inquiry or investigation.
Second dapat bago maging admissible ay mering investigation. Pag walang investigation walang
Miranda rights kahit may extra judicial confession ka ang sasabihin mo ay admissible kahi walang
Miranda rights.

The following are the rights of suspects:

1. Right to remain silent; (2013 Bar)
2. Right to competent and independent counsel, preferably of his own choice;
3. Right to be reminded that if he cannot afford the services of counsel, he would be provided with
one
4. Right to be informed of his rights;
5. Right against torture, force, violence, threat, intimidation or any other means which vitiate the
free will;
6. Right against secret detention places, solitary, incommunicado, or similar forms of detention;
7. Right to have confessions or admissions obtained in violation of these rights considered
inadmissible in evidence. (Miranda v Arizona, 384 U.S. 436, June 13, 1966) (2013 Bar)

People v Andadan. Statement before the investigation of an individual is inadmissible. Pag hindi pa
sya suspect kahit anong pa gamin nya ay hindi admissinle sa korte. Pag may investigation dapat
may Miranda rights else inadmissible lahat ng sasabihin or items na makukuha.Ex: Chairman
walang Miranda rights hinuli ang tao.

Waiver Rights that may be waived

1. Right to remain silent; and
2. Right to counsel.
 SECTION 13 Bail
Petition for Bail can be done before filing of the charges.

Leviste v People – lower ang evidence needed sa preliminary investigation or probable cause kesa
sa petition for bail.

SECTION 14
innocent until proven guilty, right to speedy
trial.
Kagam v Sandiganbayan – delay shall be reckoned from the start of the preliminary investigation .
Section 14 and 16 seppedy trial.

Arraignment – right to the information charged or the nature of the complaint arises in
arraignment.

Right to public trial GR:

1. Trial must be public in order to prevent possible abuses which may be committed against the
accused; and
2. The attendance at the trial is open to all, irrespective of their relationship to the accused.

Public trial is not synonymous with publicized trial

Essential points shall be covered in cross examination. Unless as such it will be dismissed for
violation of due process.

Arraignement, Indetification of the accused (identification of the accused by the plaintiff),

promulgation of judgement (does not affect the validity of the conviction – Instances na Dapat
present ang accused

JANUARY 06, 2021

Right to Self Incrimination – Anything which may lead to the filing of cases against the individual.
Does not apply to non-criminal matters. limits the power of the Congress on its Authority to
conduct legislative inquiries and investigations. Declaration which may lead to criminal prosecution
or conviction. Office of the Court Adminstrator v Judge Yu right does not involve if the case is not
a criminal matter this right does not apply to non-criminal matter. Limited only to testimonial
compulsion not documentary. An accused body can be examined and he may not invoke the right to
self incrimination. May be invoked in any situation which would to the person to be incriminated.
Right is available on the onset for the accused but not on witnesses.xss

Patria potestas power that the male head of a family exercised over his children and his more
remote descendants in the male line, whatever their age, as well as over those brought into the
family by adoption.

Involuntary servitude ART 3 Sec 18 par 2

Condition where one is compelled by force, coercion, or imprisonment, and against his will, to labor
for another, whether he is paid or not. GR: No involuntary servitude shall exist. (1993 Bar)

XPNs: (P-S-E-C-O-M)
1. Punishment for a crime for which the party has been duly convicted
2. Personal military or civil service in the interest of national defense
3. In naval enlistment, a person who enlists in a merchant ship may be compelled to remain in
service until the end of a voyage
4. Posse comitatusor the conscription of able-bodied men for the apprehension of criminals
5. Return to work order issued by the DOLE Secretary or the President 6. Minors under patria
potestas are obliged to obey their parents

ART 3 Section 20No person shall be imprisoned for debt or non-payment of a poll tax.
Punishment for violation of BP 22 is not for debt but for the fraud in issuing the check.

ART 3 Section 21 Double Jeopardy. You may file a case more than once for non criminal cases as
long as it has not yet reached the court for the prosecution is still part of the executive act only
when it has reached the Court where double jeopardy may be applied. Ex: filing of a second money
claim after the first has been dismissed by the prosecutor for lack of probable cause.