Æ 2023

Comprehensive Reviewer for Constitutional Law II

Blocks A and E, Ateneo Law School 2023
Class Discussions with Atty. Ignatius Michael D. Ingles
 ARTICLE III | SECTION 1

ARTICLE III: BILL OF RIGHTS ● Rests upon public necessity and upon the right of the State and
of the public to self-protection. The power’s scope expands and
The Bill of Rights is a guarantee that there are certain areas of a person’s contracts with changing needs. (Bernas Primer, p. 24)
life, liberty, and property which governmental power may not touch. It ● Exercised by the legislative department, manifested through laws.
serves as a limitation to all the powers of government. ● Delegated to local government units through the Local
Government Code as embraced in the general welfare clause.
It pertains to civil and political rights, whereas Article XIII pertains to social Manifested through ordinances. (Class Discussion)
and economic rights. The guarantees in the Bill of Rights are generally
self-implementing as compared to Article II and Article XIII that require Power of eminent domain. Power of the State to expropriate private
implementing legislation to be enforceable. (Bernas Primer, p. 23) property for public use with just compensation. (Art. III, Sec. 9, 1987
Constitution)
Not applicable to private persons. The Bill of Rights governs the
relations between the State and individuals. Thus, it is inapplicable to Power of taxation. Power of the State to impose taxes in order to raise
relations between private individuals. Article 32 of the Civil Code transfers revenues for itself. (Bernas Green Book, p. 800)
the provisions of the Bill of Rights to apply to private relations. (Bernas
Green Book, p. 105) PRIMACY OF HUMAN RIGHTS

POWERS OF GOVERNMENT Bill of Rights after the EDSA Revolution. During the interregnum period
where a “normal” government was suspended, the Bill of Rights was
The powers of government are: police power, power of eminent domain, inoperative. However, the Philippines being a signatory and in good faith
and the power of taxation. These powers of government are inherent compliance with the Covenant, Filipinos still continued to enjoy rights
powers, belonging to the very essence of the government. A constitution provided in the ICCPR and the UDHR which are similar to those found in
does not grant these powers but merely defines, delimits, and allocates the Bill of Rights. (Republic v. Sandiganbayan, G.R. No. 104768)
their exercise among various government agencies. (Bernas Green Book,
p. 101) Alien Tort Act. Thus, relative to the enforcement of foreign judgments in
the Philippines, it emerges that there is a general right recognized within
Police power. That inherent and plenary power in the State which our body of laws, and armed by the Constitution, to seek recognition and
enables it to prohibit all that is hurtful to the comfort, safety, and welfare enforcement of foreign judgments, as well as a right to defend against
of society. (Ermita-Malate v. Mayor of Manila, cited in Bernas Green Book, such enforcement on the grounds of want of jurisdiction, want of notice to
p. 101) the party, collusion, fraud, or clear mistake of law or fact. The preclusion
of an action for enforcement of a foreign judgment in this country merely

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 ARTICLE III | SECTION 1

due to an exorbitant assessment of docket fees is alien to generally liberties, the rights of free expression and of assembly occupy a preferred
accepted practices and principles in international law. (Mijares v. Ranada, position as they are essential to the preservation and vitality of our civil
G.R. No. 139325) and political institutions; and such priority "gives these liberties the
sanctity and the sanction not permitting dubious intrusions." (Philippine
Blooming Mills Employees Org. v. Philippine Blooming Mills Co. Inc., G.R.
Section 1. No person shall be deprived of life, liberty, or property
No. L-31195)
without due process of law, nor shall any person be denied the equal
protection of the laws.
DUE PROCESS: IN GENERAL

Right to Life. Not just a protection of the right to be alive or to the The essence of due process is simply the opportunity to be heard. What
security of one’s limb but also the right to a good life. The protection the law prohibits is not the absence of previous notice but its absolute
touches all persons, whether citizens or aliens, natural or corporate. absence and lack of opportunity to be heard. Sufficient compliance exists
(Bernas Primer, p. 25) when a party is given a chance to be heard. (Bernas Green Book, p. 116)

Right to Liberty. The right to exist and be free from arbitrary personal Due process has both a procedural and a substantive aspect.
restraint or involuntary servitude. The core of protected liberty includes ● Procedural Due Process. Relates chiefly to the mode of
“not merely freedom from bodily restraint but also the right of the procedure which government agencies must follow in the
individual to contract, to engage in any occupations of life, to acquire enforcement and application of laws. It is a guarantee of
useful knowledge, to marry, establish a home and bring up children [and] procedural fairness. (Bernas Primer, p. 29)
worship God according to the dictates of conscience.” (Meyer v. ● Substantive Due Process. Guarantee against the exercise of
Nebraska, cited in Bernas Green Book, p. 107) arbitrary power even when the power is exercised according to
proper forms and procedure. (Bernas Green Book, p. 118)
Right to Property. Protected property includes all kinds of property found ● Observance of both substantive and procedural rights is equally
in the Civil Code. It has been deemed to include vested rights; and also guaranteed by due process, whatever the source of such rights,
includes the right to work and the right to earn a living. (Bernas Primer, p. be it the Constitution itself or only a statute or a rule of court.
26) Rules of procedure are intended to ensure orderly administration
of justice and the protection of substantive rights in judicial and
HIERARCHY OF RIGHTS extrajudicial proceedings. (Tupas v. CA, G.R. No. 89571)

While the Bill of Rights also protects property rights, the primacy of
human rights over property rights is recognized. In the hierarchy of civil

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 ARTICLE III | SECTION 1

PROCEDURAL DUE PROCESS ● Jurisdiction over person vs. jurisdiction over subject matter.
Jurisdiction over subject matter is conferred by law to the courts.
Procedural due process refers to the procedures that the government Jurisdiction over person is conferred as explained in the Banco
must follow before it deprives a person of life, liberty, or property. Espanol case. (Class Discussion)
Procedural due process concerns itself with government action adhering
to the established process when it makes an intrusion into the private Publicity and TV coverage. The "totality of circumstances" test is used
sphere. (White Light. v. City of Manila, G.R. No. 122846) to balance the right of an accused to a fair trial and the right to
information and free press. Defined guidelines are provided to ensure the
Fundamental requisites. The heart of procedural due process, whether accused’s right to a fair trial and the journalists' freedom of press are
administrative or judicial, is the need for notice and the opportunity to be reconciled. (Re. Petition for Radio and TV coverage A.M. No. 10-11-5-SC,
heard. (Bernas Green Book, p. 116) June 14, 2011)

PROCEDURAL DUE PROCESS IN JUDICIAL PROCEEDINGS PROCEDURAL DUE PROCESS

IN ADMINISTRATIVE PROCEEDINGS
The elements of due process in judicial proceedings are:
1. There must be a court of tribunal clothed with judicial power to Requirements of due process in administrative proceedings:
hear and determine the matter before it; 1. The right to a hearing which includes the right of the party
2. Jurisdiction must be lawfully acquired over the person of the interested or affected to present his own case and submit
defendant or over the property which is the subject of the evidence in support thereof;
proceeding; 2. The tribunal must consider the evidence presented;
3. The defendant must be given an opportunity to be heard; and 3. The decision must have something to support itself;
4. Judgment must be rendered upon lawful hearing. (Banco 4. The evidence must be substantial. Substantial evidence means
Espanol Filipino v. Palanca, G.R. No. L-11390) such reasonable evidence as a reasonable mind might accept as
adequate to support a conclusion;
Jurisdiction over person. Obtained by the voluntary submission of the 5. The decision must be rendered on the evidence presented at
defendant or by the personal service of process upon him within the the hearing, or at least contained in the record and disclosed to
territory where the process is valid. If the defendant is a nonresident, and the parties affected;
remaining beyond the range of the personal process of the court, refuses 6. The tribunal or body or any of its judges must act on its own
to come in voluntarily, the court never acquires jurisdiction over the independent consideration of the law and the facts of the
person at all. In this case, the jurisdiction is based exclusively on the controversy, and not simply accept the views of a subordinate;
power the court possessed under the law over the property. (Id.) and

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7. The Board or body should, in all controversial questions, should duly informed before the new issuance is given the force and effect of
render its decision in such a manner that the parties to the law. (GMA v. COMELEC, G.R. No. 205357)
proceeding can know the various issues involved, and the
reasons for the decisions rendered. (Ang Tibay v. CIR, G.R. No. Extradition proceedings. An extradition proceeding is sui generis,
46496) tracing its existence wholly to treaty obligations between different nations.
It is administrative in character, meant to prevent the escape of a person
Only in exercise of quasi-judicial power. The requirements of notice of accused or convicted of a crime to secure his return to the state from
hearing are always required in the exercise of quasi-judicial powers. The which he fled, for the purpose of trial or punishment. But a potential
administrative body need not comply with these requirements in the extraditee may be subjected to arrest for such purpose, thus bears all
performance of executive and legislative functions, such as issuing earmarks of a criminal process. Thus, the applicable standard of due
internal rules and regulations. (Bernas Primer, p. 31) process must be “clear and convincing evidence" in granting bail in
extradition cases. (Gov’t of Hong Kong v. Olalia, G.R. No. 153675)
Sufficient compliance. Administrative proceedings are not always bound
by the finer points of judicial due process. Elements of extradition. The Hong Kong Special Administrative Region
● Due process is understood to be the opportunity to be heard. (HKSAR) as a requesting state in an extradition proceeding must
What the law prohibits is not the absence of notice but the establish the following six elements:
absolute absence and lack of opportunity to be heard. Sufficient 1. There must be an extradition treaty in force between the
compliance with the requirement of due process exists when a HKSAR and the Philippines;
party is given the chance to be heard through his motion for 2. The criminal charges that are pending in the HKSAR against the
reconsideration. (Shu v. Dee, G.R. No. 182573) person to be extradited;
● Administrative cases need not observe strict enforcement of the 3. The crimes for which the person to be extradited is charged are
rules of proceedings and evidence applicable to judicial trials. It is extraditable within the terms of the treaty;
enough that the party is given the chance to be heard before the 4. The individual before the court is the same person charged in
case against him is decided. (Sibayan v. Alda, G.R. No. 233395) the HKSAR;
5. The evidence submitted establishes probable cause to believe
Aspects of the proceedings. When an administrative rule is merely that the person to be extradited committed the offenses charged;
interpretative, its applicability needs no more than its issuance for it gives and
no real consequence more than what the law itself has already 6. The offenses are criminal in both the HKSAR and the
prescribed. But when the implementation of the new rule substantially Philippines (Double Criminality Rule). (Gov't of Hong Kong SAR v.
adds or increases the burden of those governed, it behooves the agency Muñoz, G.R. No. 207342)
to accord at least those directly affected the chance to be heard and be

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Arbitration. Arbitration is one of the “Alternative Dispute Resolution” and decide the case. (Guzman v. National University, cited in
methods recognized by the Supreme Court. The most important feature Bernas Green Book, p. 118)
of arbitration, and indeed, the key to its success, is the public’s
confidence and trust in the integrity of the process. For this reason, the Fraternity. In disciplinary cases, the students do not have the right to
law authorizes vacating an arbitral award when there is evident partiality cross-examination. The charges filed before them is not a criminal case
in the arbitrators. (RCBC v. Banco de Oro, G.R. No. 196171) requiring proof beyond reasonable doubt. Thus, it is not subject to the
● Reasonable Impression of Partiality: This standard states that rigorous requirements of criminal due process. (ADMU v. Capulong, G.R.
there must be a showing that a reasonable person should have to No. 99327)
conclude that an arbitrator was partial to the other party.
Written notice rule. The raison d'etre of the written notice rule is to
PROCEDURAL DUE PROCESS IN ACADEMIC DISCIPLINE inform the student of the disciplinary charge against him and to enable
him to suitably prepare a defense. (Go v. Colegio de San Juan de Letran,
The contractual obligation of a school to afford its students a fair G.R. No. 169391)
opportunity to complete the course a student has enrolled for is
recognized. However, when a student commits a serious breach of Military. The PMA Honor Code explicitly recognizes that an administrative
discipline or fails to maintain the required academic standards of the proceeding conducted to investigate a cadet’s honor violation need not
school, the student forfeits his rights and courts are not at liberty to be clothed with the attributes of a judicial proceeding. (Cudia v. Supt. of
reverse the discretion of university authorities in this matter. (Bernas PMA, G.R. No. 211362)
Green Book, p. 117)
PROCEDURAL DUE PROCESS IN OTHER PROCEEDINGS
Requisites. The minimum standards in the imposition of disciplinary
sanctions in academic institutions are: Deportation proceedings. Although a deportation proceeding does not
1. The students must be informed in writing of the nature and partake of the nature of a criminal action, however, considering that it is a
cause of any accusation against them; harsh and extraordinary administrative proceeding affecting the freedom
2. That they shall have the right to answer the charges against and liberty of a person, the constitutional right of such person to due
them with the assistance of counsel, if desired; process should not be denied. Thus, the provisions of the Rules of Court
3. They shall be informed of the evidence against them; of the Philippines particularly on criminal procedure are applicable to
4. They shall have the right to adduce evidence in their own behalf; deportation proceedings. (Lao Gi v. CA, G.R. No. 81798)
and
5. The evidence must be duly considered by the investigating In relation to writ of amparo. The Writ of Amparo is applicable in only
committee or official designated by the school authorities to hear two cases: extrajudicial killings and enforced or involuntary

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disappearances. It is anchored on the constitutional rights to life, liberty, Dismissals in the private sector. The twin requirements of notice and
and security. Considering Ja Hoon Ku’s arrest is well documented and hearing constitute essential elements of due process in cases of
there is no evidence that the Bureau of Immigration intended to remove employee dismissal. The requirement of notice is intended to inform the
Ku from the protection of the law for a prolonged time, it is inapplicable to employee concerned of the employer's intent to dismiss him and the
his case. (Mison v. Gallegos, G.R. No. 210759) reason for the proposed dismissal; on the other hand, the requirement of
hearing affords the employee the opportunity to answer his employer's
Fixing of rates. Administrative bodies are not bound by the strict or charges against him and accordingly to defend himself therefrom before
technical rules of evidence governing court proceedings. In matters of dismissal is effected. Neither one of these two requirements can be
rate or price-fixing, the government agency is actually exercising a dispensed with without running afoul of the due process requirement of
quasi-legislative, not quasi-judicial function. Therefore, the relaxed the Constitution. (Salaw v. NLRC, G.R. No. 90786)
procedure adopted could not have resulted in the denial of due process. ● The right to counsel of any person under investigation must be
(Maceda v. ERB, G.R. No. 96266) observed even before administrative and quasi-judicial bodies
● Although there was no hearing, the dispensation of such a even if they are not bound by the technical rules of procedure in
requirement was valid because they just made a provisional the adjudication of cases. This is because the right to counsel is a
increase. Either way, there was a hearing made afterwards to see very basic requirement of substantive due process.
if the price increase would be permanent (Class Discussion)
● Under Executive Order No. 172, although a hearing is Ordinance/Statute/Memorandum Circular/Rules. Publication for the
indispensable, it does not preclude the Board from ordering, ex effectivity of laws is a requirement of due process that applies to statutes,
parte, a provisional increase, subject to its final disposition of presidential decrees, executive orders, and administrative rules and
whether or not: regulations. (Bernas Primer, p. 31)
1. To make it permanent; ● Void for vagueness. A statute or act may be said to be vague
2. To reduce or increase it further; or when it lacks comprehensible standards that men of common
3. To deny the application. intelligence must necessarily guess at its meaning and differ as to
its application. It is repugnant to the Constitution in two respects:
Regulation of profession. Pilotage is considered a property right Thus, (1) it violates due process for failure to accord persons, especially
the exercise of one's profession falls within the constitutional guarantee the parties targeted by it, fair notice of the conduct to avoid; and
against wrongful deprivation of, or interference with, property rights (2) it leaves law enforcers unbridled discretion in carrying out its
without due process. However, it is important to note that a regulation of provisions and becomes an arbitrary flexing of the Government
professions does not per se entail a wrongful deprivation. It is only when a muscle. But the act must be utterly vague on its face, that is to
vested right is taken away without due process of law that it falls under say, it cannot be clarified by either a saving clause or by
the aegis of Article III, Sec. 1. (Corona v. UHPAP, G.R. No. 111953) construction. (People v. Nazario, G.R. No. L-44143)

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● Facial challenge doctrine. A facial challenge is contesting the Closure proceedings. Due process does not necessarily require a prior
validity of law on its face. A facial challenge is allowed to be made hearing; a hearing or an opportunity to be heard may be subsequent to
to a vague statute and to one which is overbroad because of the closure. This is due to considerations of the consequences of giving a
possible "chilling effect" upon protected speech. The challenger prior hearing for bank closures. The policy of “close now; hear later” is
must establish that no set of circumstances exists under which intended for the protection of interests of all concerned. (CB v. CA, G.R.
the Act would be valid. (Estrada v. Sandiganbayan, G.R. No. No. 148208)
148560)
○ Overbreadth doctrine. "a governmental purpose may Summary abatement. One of the exceptions to the minimum
not be achieved by means which sweep unnecessarily requirements on prior notice and hearing is a summary abatement due to
broadly and thereby invade the area of protected a nuisance per se. As such, the petitioner asked the respondents to
freedoms." remove the said fence as it is a nuisance per se and presented an
○ The overbreadth doctrine does not apply to penal cases immediate danger to the community's welfare. However, the fence was
since criminal statutes have general in terrorem effect not a nuisance per se, but at most a nuisance per accidens; hence its
(“chilling effect”) resulting from their very existence, and, summary abatement without judicial intervention was unwarranted. (Perez
if facial challenge is allowed for this reason alone, the v. Madrona, G.R. No. 188478)
State may well be prevented from enacting laws against ● Nuisance per se. One which affects the immediate safety of
socially harmful conduct. persons and property.
○ In other words, criminal laws intentionally have a chilling ● Nuisance per accidens. Not inherently a nuisance in itself, but
effect. Otherwise, people will commit whatever crimes may be so because of the circumstances surrounding it. It may
they want. (Class Discussion) be so proven in a hearing conducted for such purpose.

Tariff and customs code. Seizure and forfeiture proceedings under the Cancellation of property rights/privileges. A mere privilege can evolve
tariff and customs laws are not criminal in nature as they do not result in into a property right. It is when a privilege has evolved into a property
the conviction of the offender nor in the imposition of the penalty. Proof right that is accorded the protection of the due process clause.
beyond reasonable doubt is not required in order to justify the forfeiture of ● The private respondent’s export quota allocation which initially
the goods. In this case, the degree of proof required is merely substantial was a privilege evolved into some form of property right which
evidence which means such relevant evidence as a reasonable mind should not be removed from it arbitrarily and without due process
might accept as adequate to support a conclusion. (Feeder v. CA, G.R. only to hurriedly confer it to another. (American Inter-Fashion v.
No. 94262) OP, G.R. No. 92422)
● The initial tax tier was classified by the BIR Resolution (which
placed them in a temporary or “initial” tax tier) and recognized by

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British American Tobacco as being subject to modification based provided proper formalities are observed. Such interpretation,
on the survey that the BIR would conduct in the future. Thus, evidently, makes the due process clause a totally inadequate
from the beginning (when the Resolution setting their protection for personal and property rights. (Id.)
temporary/“initial” tax tier was made), the “privilege” that they ● Looks to whether there is sufficient justification for the
were enjoying was already recognized as subject to modification government’s action. (City of Manila v. Laguio, G.R. No. 118127)
and could in no way eventually be impressed with property rights,
unlike in the American Inter-Fashion case. (British American Presumption of state interference. Generally, the presumption is that
Tobacco v. Camacho, G.R. No. 163583) the action is valid. (In rare cases, i.e. in the imposition of “prior restraint”,
there is a presumption of invalidity). (Bernas Primer, p. 33)
Administrative and preliminary investigation— Ombudsman.
Preliminary investigation is defined as an inquiry or proceeding for the To justify the State’s intrusion, it must appear that:
purpose of determining whether there is sufficient ground to engender a 1. The interest of the public generally, as distinguished from those
well-founded belief that a crime has been committed and that the of a particular class, require such interference (lawful purpose);
respondent is probably guilty thereof, and should be held for trial. The and
right to a preliminary hearing is a substantive right since the accused in a 2. The means are reasonably necessary for the accomplishment
criminal trial is inevitably exposed to anxiety, humiliation, etc. and the of the purpose, and not unduly oppressive upon individuals
right to an opportunity to avoid a painful process is a valuable right. The (lawful means). (United States v. Toribio, G.R. No. L-5060)
right to due process is inviolable. Failure to furnish a copy of the
complaint affidavit and its attachments during a preliminary investigation Substantive due process is not a rigid concept. The heart of
is a violation of this. (Labay v. Sandiganbayan, G.R. No. 235937-40) substantive due process is the requirement of “reasonableness”, or
absence of exercise of arbitrary power. These are necessarily relative
SUBSTANTIVE DUE PROCESS concepts which depend on the circumstances of each case. (Bernas
Primer, p. 33)
Meaning. The clause must be understood to guarantee not just forms of
procedure but also the very substance of life, liberty and property. The Requisites for a valid ordinance. The following requisites must be
due process clause must be interpreted both as a procedural and as a present:
substantive guarantee. It must be a guarantee against the exercise of 1. It must not contravene the Constitution or any statute;
arbitrary power even when the power is exercised according to proper 2. It must not be unfair or oppressive;
forms and procedure. (Bernas Green Book, p. 118) 3. It must not be partial or discriminatory;
● If all that the due process clause required were proper procedure, 4. It must not prohibit but may regulate trade;
then life, liberty, or property could be destroyed arbitrarily 5. It must be general and consistent with public policy; and

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6. It must not be unreasonable (Magtajas v. Pryce Properties, G.R. Jus Tertii or Third-party Standing. The following requisites must be
No. 11097) present:
1. Litigant must have suffered injury-in-fact;
Three tests to use in exercise of police power. (White Light v. City of 2. Close relation to third party; and
Manila, G.R. No. 122846) 3. Some hindrance to third-party’s ability to protect his/her own
interests. (Id.)

Test Used For:

Valid invocation of jus tertii standing. In the case of While Light v. City
Rational Laws or ordinances are Economic legislation; of Manila, the litigants were able to successfully invoke jus tertii standing.
Basis Test upheld if they rationally further all other subjects not If they only invoked their standing as business owners, only their property
a legitimate governmental covered by the others rights would have been injured; hence, the test to be used is the rational
interest tests basis test.
● The rational basis test only requires legitimate state interest and
Intermediate Governmental interest is Evaluating rationally-related means employed. But since their right to liberty
Scrutiny Test extensively examined and the classifications such is at stake, the strict scrutiny test was used, which requires
availability of less restrictive as gender and compelling state interest and absence of less restrictive means. It
measures is considered legitimacy then became harder for the State to justify the regulation. (Class
Discussion)
Serves an important state
interest and that classification APPLICATION OF SUBSTANTIVE DUE PROCESS
is substantially related to
serving that interest Reasonable regulation of the slaughtering carabaos. The court ruled
against Toribio, saying that the reason for the regulation of the slaughter
Strict Presence of compelling, Fundamental rights
was due to a disease which threatened the extinction of cattle. The
Scrutiny Test rather than substantial, such as freedom and
regulation was seen as reasonably necessary and justified by the exigent
governmental interest and on liberty
necessities of existing conditions, as well as the right of the State to
the absence of less restrictive
protect itself against the disasters reducing the supply of animals. (United
means for achieving that
States v. Toribio, G.R. No. L-5060)
interest

Billboards as nuisance. It has long been recognized that uses of private

property which are offensive to the senses of smell of hearing may be so

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regulated or segregated as to disturb as little as possible the pursuits of Discount to children in movie houses. The ordinance is not justified by
other persons. From whatever direction the social, economic, or general any necessity for public interest. Legislature may not, under the guise of
welfare of the people is menaced, there is legal justification for the protecting public interest arbitrarily interfere with private businesses,
exercise of the police power; and the use of private property may be which is a property right to the owner. The right of the owner to fix a price
regulated or restricted to whatever extent may be necessary to preserve at which his property shall be sold or used is an inherent attribute of the
inviolate these declared essentials to the well being of the public. property and is within the protection of the due process clause. In this
(Churchill v. Rafferty, G.R. No. 10572) case, there is no discernable relation between the payment of half price
● Billboard advertising is not so much a use of private property as it tickets for children below 12 years old and the purpose of the ordinance
is a use of the public thoroughfares. Unsightly advertisements, to ease the burden of the paying parents. (Balacuit v. CFI, G.R. No.
signs, signboards, billboards which are offensive to the sight, are L-38429)
not disassociated from the general welfare of the public. There is
then valid police power when a law authorizes government Confiscated car. An owner’s interest in property may be forfeited
officials to remove billboards that are offensive to the sight or is because of the use to which the property is put even though the owner
otherwise a nuisance. did not know that it was to be put to such use. Forfeiture of property
prevents illegal uses by preventing further illicit use and by imposing an
Not allowed to build on his lot as it covers the view from plaza. economic penalty. The means are reasonable, considering its purpose of
Despite the claim that “the proposed building would destroy the view or banning public indecency. When a property is used to facilitate a criminal
beauty of the public plaza”, the State may not, under the guise of police activity, forfeiture of such property is not a violation of due process.
power, permanently divest owners of the beneficial use of their property (Bennis v. Michigan, 517 U.S. 1163)
and practically confiscate them solely to preserve or assure the aesthetic
appearance of the community. (People v. Fajardo, G.R. No. L-12172) Informed euthanasia. The due process clause protects an interest in life
and the State is entitled to protect it against potential abuse. An
Transport of carabao. To justify the State imposing its authority on intermediate standard of proof, which is clear and convincing evidence, is
behalf of the public, it must appear that the interests of the general public mandated when individual interests are at stake. In this case, no clear and
as opposed to the interests of a particular class require such interference convincing evidence was present that would evidence that the
and that the means are reasonably necessary for the accomplishment of incompetent patient would rather want to die rather than to “live life as a
the purpose, and not unduly oppressive. In this case, the arbitrary vegetable. (Cruzan v. Dir. Missouri, 497 U.S. 261)
confiscation of the carabaos was an unreasonable means to accomplish ● The doctrine of informed consent implies the right to refuse
the purpose of EO 626-A to prohibit the transport of carabaos or carabeef treatment. In cases where the person is incompetent (vegetative,
due to the increased number of killed carabaos. (Ynot v. Intermediate in this case), a legal guardian may substitute his decision upon
Appellate Court, G.R. No. 74457)

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presenting ‘clear and convincing’ evidence in a trial that ● On the non-impairment clause: Contracts affecting public
incompetent wished to refuse treatment. interest contain an implied reservation of the police power as a
postulate of the existing legal order. A free, honest, and orderly
Right to bear arms. The right to bear arms is not a constitutional right. It election affects state interests and general welfare, and is thus
is a mere statutory privilege. It is not absolute but is subject to regulation. subject to police power.
The maintenance of peace and order, and the protection of the people
against violence are constitutional duties of the State, and the right to Exclusive franchise. Whether an ordinance is effective is an issue
bear arms is to be construed in connection and in harmony with these different from whether it is reasonably necessary. It is its reasonableness,
constitutional duties. (Chavez v. Romulo, G.R. No. 1507036) not its effectiveness, which bears upon its constitutionality. While there
● Licenses authorizing a person to enjoy a certain privilege is exists a lawful purpose in abating traffic, there are less oppressive means
neither a property nor a property right. It is merely a permit or a in achieving this purpose. Absent any showing that the terminals are
privilege. encroaching upon public roads, they are not obstacles. Thus, the outright
ban against the existence of all terminals aside from that franchised to
Survivorship pension claim. Pension is a vested property right as petitioner is not reasonably necessary to solve the traffic problem.
employee participation is mandatory. When the employee retires and (Lucena Grand Terminal v. JAC Liner, G.R. No. 148339)
meets the eligibility requirements, he acquires a vested right to benefits ● Neither are terminals public nuisances. Operation is a legitimate
that is protected by the due process clause. No law can deprive such a business which cannot be said to be injurious to the rights of
person of his pension rights without due process of law, that is, without property, health, or comfort of the community.
notice and opportunity to be heard. (GSIS v. Montesclaros, G.R. No.
146494) No permit, no rally. B.P. 880 is a not an absolute ban of public
assemblies but a restriction that simply regulates the time, place &
Candidate billboards. Sec. 32 of COMELEC Resolution No. 6520 is a manner of the assemblies. While the right to peaceful assembly and to
valid exercise of police power since the provision aims to prohibit petition to government for a redress of grievances enjoy primacy, it must
premature campaigning and to level the playing field for candidates of be remembered that while they are sacrosanct, they are not absolute.
public office, as well as to equalize the situation between poor and rich (Bayan v. Ermita, G.R. No. 169838)
candidates. There was no blanket prohibition of the use of propaganda ● For a statute which requires a permit to exercise the right to
materials & advertisements. It may be used subject only to reasonable peaceably assemble, it must meet the following requirements:
limitations necessary & incidental to achieving the purpose of preventing 1. The statute must be content neutral, which the Court
premature campaigning & promoting equality of opportunities among all defined in Osmeña v. Comelec as the regulation of time,
candidates. (Chavez v. COMELEC, G.R. No. 162777) place, and manner; and

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 ARTICLE III | SECTION 1

2. The permit can only be denied on the ground of clear and ● Administrative issuances have the force and effect of the law and
present danger to public order, public safety, public they, too, benefit from the same presumption of validity and
convenience, public morals or public health. constitutionality enjoyed by statutes. The burden of proving
unconstitutionality is placed upon the assailing party and it
Uniform ID system. EO 420 shows no constitutional infirmity because it becomes heavier when police power is at issue.
only collects and records 14 specific data and even limits the data that
can be collected, recorded, and shown, compared to the existing ID Pension banned for US citizens. When the employee retires and meets
systems of government entities. And it does not apply to all government the eligibility requirements, he acquires a vested right to the benefits that
entities, only to government entities that issue ID cards as part of their is protected by the due process clause. In this case, the presidential
functions under existing laws. Furthermore, it provides for strict and decree stating so was approved while he was still in active service, thus
comprehensive safeguards to protect the confidentiality of the data his benefits were future ones and did not constitute a vested right. It is
collected. (KMU v. Dir. Gen., G.R. No. 167798) only upon retirement that the retirees enjoy a protected property interest.
● The right to privacy does not bar the adoption of reasonable ID (Parreno v. COA, G.R. No. 162224)
systems by government entities. The executive order is a proper ● Compared to GSIS v. Montesclaros. In GSIS, pension is a
subject of executive issuance under the President's constitutional vested right because participation is mandatory. In Parreno,
power of control over government entities in the Executive retirement benefits were not considered a vested right because
department, as well as under the President's constitutional duty they were not mandatory. (Class Discussion)
to ensure that laws are faithfully executed.
Regulation of profession. While the right of workers to security of tenure
Motorcycle prohibition. The Court noted that what is required is that the is guaranteed by the Constitution, its exercise may be reasonably
means used are not unreasonable, not exactly scientifically perfect. While regulated pursuant to the police power of the State to safeguard health,
petitioners are asked to use other forms of transportation, this is not an morals, peace, education, order, safety, and the general welfare of the
invalid exercise of police power as they are not deprived of the right to people. Private interest cannot override public interest which, in this case,
travel, only that the means used are regulated. (Mirasol v. DPWH, G.R. is the health and safety of citizens. It has long been recognized that the
No. 158793) regulation of this field is a reasonable method of protecting the health and
● The right to travel does not mean the right to choose any vehicle safety of the public to protect the public from the potentially deadly
in traversing a toll way. The right to travel refers to the right to effects of incompetence and ignorance among those who would practice
move from one place to another. The mode of travel can be a medicine. (St. Luke’s v. NLRC, G.R. No. 162053)
valid subject of regulation as an exercise of police power,
provided, the means employed are reasonable. Power of MMDA. The MMDA cannot order the closure of respondents’
terminals not only because no authority to implement the project has

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 ARTICLE III | SECTION 1

been granted nor legislative or police power been delegated to it, but the that it can make a moral man out of it because immorality is not a
closure also does not satisfy the standards of valid police power measure. thing, a building or establishment; it is in the hearts of men. The
While traffic congestion is a public interest that must be addressed, the City Council instead should regulate human conduct that occurs
prohibition against the terminals is not a reasonably necessary means to inside the establishments, but not to the detriment of liberty and
ease traffic congestion. (MMDA v. Viron, G.R. No. 170656) privacy which are covenants, premiums and blessings of
democracy. (Class Discussion)
Curbing immorality. An ordinance is a particular manifestation of a police ● Through its legislative arms, like city councils and municipal
power aimed to safeguard public morals and as such, is immune from councils. They can regulate, but not prohibit business (like in this
such imputation of nullity. To hold otherwise would be to unduly restrict case). (Class Discussion)
and narrow the scope of police power which is said to be the most ● Compared to Ermita-Malate Hotel v. City Mayor of Manila.
essential and least limitable power, enabling it to prohibit all that is hurtful What was involved in the EMH case was a measure which
to the comfort, safety and welfare of the society. (Ermita-Malate Hotel & regulated the mode in which motels may conduct business in
Motel Operator v. City of Manila, G.R. No. L-24693) order to put an end to practices which could encourage vice and
● Unless the ordinance is void on its face, the necessity for immorality. There was no valid objection on due process or equal
evidence to rebut its validity is unavoidable. In the case at bar, protection grounds as the ordinance didn’t prohibit motels. In City
there being no factual foundation laid for overthrowing the of Manila, the Ordinance is not a regulatory measure but an
statute, the presumption of constitutionality must prevail. exercise of an assumed power to prohibit. (Class Discussion)

Morality of sauna, massage, parlors & night clubs. One of the Immobilizing of cars. It bears emphasis that individual rights may be
fundamental duties of the City of Manila is to make reasonable regulations adversely affected only to the extent that may fairly be required by the
for the promotion of the moral and social values of the community. legitimate demands of public interest or public welfare. Due process
However, the worthy aim of fostering public morals and eradication of requires the intrinsic validity of the law in interfering with the rights of the
community’s social ills can be achieved through means less restrictive of person to his life, liberty, and property. The terms ‘encroachment’ and
private rights and it can be attained by reasonable restrictions rather than ‘obstacles’ used in Section 458 of the LGC were broad enough to include
by an absolute prohibition. The closing down of the prohibited illegally parked vehicles or whatever else obstructed the streets, alleys,
establishments and their conversion to some other business has no and sidewalks, which were precisely the subject of Ordinance No. 1664 in
reasonable accomplishment for the purpose of and does not directly avowedly aiming to ensure a smooth flow of vehicular traffic in all the
solve the problems of immorality. (City of Manila v. Laguio, G.R. No. streets in the City of Cebu at all times. (Legaspi v. City of Cebu, G.R. No.
118127) 159110)
● The Court said that morality cannot be legislated. Try as the
ordinance may to shape morality, it should not foster the illusion

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 ARTICLE III | SECTION 1

Real estate developer’s right to dispose of property. No right is RH law void for vagueness. For a statute to be void for vagueness, it
absolute, and the proper regulation of a profession, calling, business or must lack comprehensible standards that a person of common
trade has always been upheld as a legitimate subject of a valid exercise intelligence must guess its meaning and differ to its application. Moreover,
of police power particularly when their conduct affects the execution of in determining whether the words in a statute are vague, they must not
legitimate governmental functions, the preservation of the State, public only be taken in accordance to their plain meaning, but must also be
health and welfare, and public morals. Professionalizing the real estate understood in relation to other parts of the statute. (Imbong v. Ochoa, G.R
service is a valid exercise of police power, which has general welfare for No. 204819)
its object, considering that real property transactions are susceptible to ● The duty to refer is the duty to give information to the patient for
manipulation and corruption, and real estate service practitioners serve a another medical practitioner that can provide the medical services
vital role in promoting overall national progress. (Remman Enterprise v. he or she seeks. There is no duty to refer for those whose
Professional Regulatory Board, G.R. No. 197676) religious freedoms will be burdened or those who believe that
● There seems to be no justifiable difference between the real referring the patient is also being complicit to the act. A
estate profession and any other profession since all professions conscientious objector should be exempt. The freedom to be
are susceptible to manipulation to a degree, and why can anyone exempted does not mean the unconstitutionality of the law. The
else sell their land freely while brokers are required to register. provision allowing reference to a more capable hospital despite
(Class Discussion) conscientious objection was held as unconstitutional.

Cybercrime law. The overbreadth doctrine decrees that “a governmental VAWC. The grant of a TPO ex parte cannot be challenged as violative of
purpose may not be achieved by means which sweep unnecessarily the right to due process. Just like a writ of preliminary attachment which
broadly and thereby invade the area of protected freedoms.” In this case, is issued without notice and hearing because the time in which the
the terms “aiding” and “abetting” constitute broad sweep that generates hearing will take could be enough to enable the defendant to abscond or
a chilling effect on those who express themselves through cyberspace. dispose of his property, in the same way, the victim of VAWC may already
(Disini v. Sec. of Justice, G.R. No. 203335) have suffered harrowing experiences in the hands of her tormentor, and
● Vagueness was found under Section 12 of the Cybercrime Law, possibly even death, if notice and hearing were required before such acts
which empowers law enforcement authorities, “with due cause,” could be prevented. (Garcia v. Drilon, G.R. No. 179267)
to collect or record by technical or electronic means traffic data in ● It is a constitutional commonplace that the ordinary requirements
real time. Petitioners point out that the phrase “due case” has no of procedural due process must yield to the necessities of
precedent in law or jurisprudence and that whether there is due protecting vital public interests, among which is protection of
cause or not is left to the discretion of the police. The phrase women and children from violence and threats to their personal
“due cause” is too vague and sweeping. (Class Discussion) safety and security.

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 ARTICLE III | SECTION 1

Sexual intimacies as a form of liberty. Individual decisions by married WRIT OF AMPARO

persons, concerning the intimacies of their physical relationship, even
when not intended to produce offspring, are a form of ‘liberty’ protected Writ of Amparo. The petition for a writ of amparo is a remedy available
by the Due Process Clause of the Fourteenth Amendment. (Lawrence v. to any person whose right to life, liberty, and security is violated or
Texas, 539 U.S. 653) threatened with violation by an unlawful act or omission of a public official
● If the right of privacy means anything, it is the right of the or employee, or of a private individual or entity. The writ shall cover
individual, married or single, to be free from unwarranted extralegal killings and enforced disappearances or threats thereof. (The
governmental intrusion into matters as fundamentally affecting a Rule of the Writ of Amparo, A.M. No. 07-9-12-SC)
person as the decision of whether to bear or beget a child.
Enforced Disappearance. The requisites for enforced disappearances
Same-sex marriage. State legislation prohibiting same-sex marriages are as follows:
violates the Fourtheenth Amendment and the Equal Protection Clause. 1. There must be an arrest, detention, abduction, or any form of
● The following are the basis for such argument: deprivation of liberty;
1. Right to personal choice regarding marriage is inherent in 2. It be carried out by or with the authorization, support, or
the concept of individual autonomy. acquiescence of the State or a political organization;
2. Right to marry is fundamental because it supports a 3. It be followed by the State or political organization’s refusal to
two-person union unlike any other in its importance to acknowledge or give information on the fate or whereabouts of
committed individuals. the persons subject of the amparo petition; and
3. Marriage safeguards children and families and thus draws 4. The intention for such refusal is to remove subject person from
meaning from related rights of child rearing, procreation, the protection of the law for a prolonged period of time (Caram
and education. v. Segui, G.R. No. 193652)
4. Marriage is the keystone of our social order.
● Answering the argument regarding judicial legislation, the Court Summary proceedings. The writ provides rapid judicial relief as it
acknowledged that there has been extensive litigation both in partakes of a summary proceeding that requires only substantial evidence
state and federal courts regarding same-sex marriage and that to make the appropriate reliefs available to the petitioner. It is not an
individuals need not await legislative action before asserting a action to determine criminal guilt requiring proof beyond reasonable
fundamental right. Courts are open to injured individuals who doubt, or liability for damages requiring preponderance of evidence, or
come to them to vindicate their own direct, personal stake in the administrative responsibility requiring substantial evidence that will require
Constitution. (Obergefell v. Hodges, 576 U.S. 644) full and exhaustive proceedings. (Sec. of DND v. Manalo, G.R. No.
180906)

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 ARTICLE III | SECTION 1

Substantial evidence. Under Section 17 of the Rule on the Writ of run, the goal of both the preventive and curative roles is to deter the
Amparo, the parties shall establish their claims by substantial evidence. It further commission of extralegal killings and enforced disappearances.
is any relevant evidence as a reasonable mind might accept as adequate (Class Discussion)
to support a conclusion. (Id.)
● Amparo proceedings depend largely on the availability or Amparo investigations. Investigations conducted regarding the Writ of
non-availability of other pieces of evidence that can prove the Amparo require extraordinary diligence. Investigations will continue,
identity and affiliation of the offenders. Direct evidence of identity, consistent with the nature of Amparo proceedings, to be alive until a
when obtainable, must be preferred over mere circumstantial definitive result is achieved. (Burgos v. PGMA, G.R No. 183711)
evidence based on patterns and similarity, because the former
indubitably offers greater certainty as to the true identity and Adoption not subject to Amparo. The privilege of the Writ of Amparo is
affiliation of the perpetrators. (Roxas v. Macapagal Arroyo, G.R a remedy available to victims of extrajudicial killings and enforced
No. 189155) disappearances or threats of a similar nature. The extraordinary Writ of
Amparo does not apply in cases where the whereabouts of a person were
Liability. While the principal objective of its proceedings is the initial never concealed in the first place. If the requisites for enforced
determination of whether an enforced disappearance, extralegal killing or disappearances are not complied with, the writ won’t be granted. (Caram
threats thereof had transpired — the writ does not, by so doing, fix liability v. Segui, G.R. No. 193652)
for such disappearance, killing or threats, whether that may be criminal,
civil, or administrative. It is not an action to determine criminal guilt. (Id.) Writ of Amparo inapplicable in deportation proceedings. The Writ of
● Command responsibility refers to the responsibility of Amparo cannot be invoked in cases where there is no unlawful
commanders for crimes committed by their subordinate members detainment, no refusal on the part of the government authority to give
or other persons subject to their control in international wars or information on the whereabouts of the person invoking the writ, and
domestic conflict. Since its application presupposes imputation of wherein the government did not have any intention of removing the one
individual liability, it is invoked in criminal cases, not Amparo invoking the writ from the protection of the law for a prolonged period of
proceedings. (Id.) time. In deportation proceedings where the person is lawfully arrested for
deportation, the privilege of the writ of amparo will not apply. The writ will
Two roles of the Writ of Amparo. The Writ of Amparo serves both only apply on cases of enforced or involuntary disappearance. (Mison v.
preventive and curative roles in addressing the problem of extralegal Gallegos, G.R No. 210759)
killings and enforced disappearances. It is preventive in that it breaks the
expectation of impunity in the commission of these offenses; it is curative Applies only to actual threats. Not all threats are protected by the
in that it facilitates the subsequent punishment of perpetrators as it will Amparo Rule. As previously elucidated by this Court, "only actual
inevitably yield leads to subsequent investigation and action. In the long threats”, as may be established from all the facts and circumstances of

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 ARTICLE III | SECTION 1

the case, may be addressed under the Rule on the Writ of Amparo. abuse in this age of information technology. (Meralco v. Lim, G.R.
(Zarate v. Aquino III, G.R. No. 220028) No. 184769)
● Like the Writ of Habeas Data was conceived as a response, given
Writ sought individually. The Writ of Amparo is sought individually and the lack of effective and available remedies, to address the
granted individually, then we should assess the situation of the petitioners extraordinary rise in the number of killings and enforced
individually. Taken together, petitioners' life, liberty and security are disappearances. Its intent is to address violations of or threats to
threatened to be violated but this way of presenting the obtaining the rights to life, liberty or security as a remedy independently
situation is misleading. A perusal of their individual circumstances from those provided under prevailing Rules. (Id.)
negates the conclusion that they are each entitled to a writ of amparo.
(Id.) EQUAL PROTECTION OF LAW
● Even though there were facts of members of their group being
extrajudicially killed or abducted, mere membership in these Equality of the Person. The equal protection clause is a specific
organizations or sectors cannot equate to an actual threat that constitutional guarantee of the equality of the person. It guarantees “legal
would warrant the issuance of a Writ of Amparo. equality or, as it is usually put, the equality of all persons before the law”.
Under it, each individual is dealt with as an equal person in the law, which
WRIT OF HABEAS DATA does not treat the person differently because of who he is or what he is or
what he possesses. (Bernas Primer, p. 35)
Writ of Habeas Data. The Writ of Habeas Data is a remedy available to
any person whose right to privacy in life, liberty, or security is violated or Not absolute equality. The fundamental right of equal protection does
threatened by an unlawful act or omission of a public official or employee, not require absolute equality. It is enough that all persons or things
or of a private individual or entity engaged in the gathering, collecting, or similarly situated should be treated alike, both as to rights or privileges
storing of data or information regarding the person, family, home, and conferred and responsibilities or obligations imposed. The equal
correspondence of the aggrieved party. (The Rule of the Writ of Habeas protection clause does not preclude the State from recognizing and
Data, A.M. No. 08-1-16-SC) acting upon factual differences between individuals and classes. It
● The Habeas Data rule, in general, is designed to protect by recognizes that inherent in the right to legislate is the right to classify,
means of judicial complaint the image, privacy, honor, necessarily implying that the equality guaranteed is not violated by a
information, and freedom of information of an individual. It is legislation based on reasonable classification. (League of Cities v.
meant to provide a forum to enforce one's right to the truth and to COMELEC, G.R. No. 176951)
informational privacy, thus safeguarding the constitutional
guarantees of a person's right to life, liberty and security against Application of EPC. Equal protection requires that all persons or things
similarly situated should be treated alike, both as to rights conferred and

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 ARTICLE III | SECTION 1

responsibilities imposed. Similar subjects, in other words, should not be Relative constitutionality. A statute valid at one time may become void
treated differently, so as to give undue favor to some and unjustly at another time because of altered circumstances. Thus, if a statute in its
discriminate against others. A discriminatory governmental act may pass practical operation becomes arbitrary or confiscatory, its validity, even
the constitutional norm of equal protection when there is a valid though affirmed by a former adjudication, is open to inquiry and
classification. (1-UTAK v. COMELEC, G.R. No. 206020) investigation in the light of changed conditions. (Central Bank Employees
Ass’n v. Bagko Sentral ng Pilipinas, G.R No. 148208)
Requisites for reasonable classification. EPC does not prohibit
classification as long as it is reasonable based on these requisites: Taxation. The rule of uniformity does not call for perfect uniformity or
1. Must rest on substantial distinction; perfect equality, because this is hardly attainable. The taxing power has
2. Must be germane to the purpose of the law; the authority to make reasonable and natural classifications for purposes
3. Must not be limited to existing conditions only; and of taxation. [...] There is quite a uniformity then to the standard of equal
4. Must apply equally to all members of the same class (People v. protection for all that is required is that the tax “applies equally to all
Cayat, cited in Bernas Primer, p. 35) persons, forms and corporations placed in similar situations. (Bernas
Green Book, p. 144)
Three tests for determining reasonable classification.
● Strict scrutiny test. Requires the government to show that the Equal protection and laws of local application. The equal protection
challenged classification serves a compelling state interest and clause does not require territorial uniformity of laws. Zoning ordinances
the classification is necessary to serve that interest. It applies to are a clear example of how the constitution allows different treatment of
fundamental rights. different places. However, there is a limit to allowable territorial lack of
● Intermediate or middle-tier scrutiny test. Requires the uniformity. While the power of local governments to enact local laws
government to show that the challenged classification serves an necessarily results in absence of national uniformity of laws, the local laws
important state interest and that the classification is at least themselves must also equally apply to all those coming within their
substantially related to serving that interest. It applies to suspect jurisdiction. (Bernas Green Book, pp. 152 - 153)
classifications like gender or illegitimacy.
● Minimum or rational basis scrutiny test. Requires the Land reform. When the government decides to expropriate land, it must
government to show that the challenged classification is rationally decide which among various possible objects of expropriation it should
related to serving a legitimate state interest (most used test). It is take. To compel the government to take “all or none” would be practically
the traditional rationality test. It applies to all subjects other than to strip the government of the power of eminent domain. Hence, as
those listed above. (Bernas Green Book, pp. 139 - 140) Justice Fernando concluded, to make out a case of violation of equal
protection clause, it would require a clear and palpable showing that a
particular piece of property was chosen to bear the brunt of governmental

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 ARTICLE III | SECTION 1

authority out of “a feeling of disapproval or ill-will.” (Bernas Green Book, is flight safety. It cannot be gainsaid that cabin attendants must maintain
p. 158) agility at all times in order to inspire passenger confidence in their ability
to care for the passengers when something goes wrong. (Yrasuegui v.
Alienage as a basis of classification. The Constitution thus, as a PAL, G.R. No. 168081)
general rule, places the civil rights of aliens on equal footing with those of ● Meiorin Test (from SC of Canada): In order to justify a bona fide
citizens. Their political rights, however, do not enjoy the same protection. occupational qualification (BFOQ):
(Bernas Green Book, p.148) 1. The employer must show that it adopted the standard for a
purpose rationally connected to the performance of the job;
Employment permit. While it is true that the Philippines as a state is not 2. The employer must establish that the standard is reasonably
obliged to admit aliens within its territory, once an alien is admitted, he necessary to the accomplishment of that work-related
cannot be deprived of life without due process of law. This guarantee purpose; and
includes the means of livelihood. The shelter of protection under the due 3. The employer must establish that the standard is reasonably
process and equal protection clause is given to all persons, both aliens necessary in order to accomplish the legitimate
and citizens. (Villegas v. Hoi Chion Tsai Pao Ho, G.R. No. L-29646) work-related purpose.
● Similarly, in Star Paper Corporation v. Simbol, the Supreme Court
Law specific for Ormoc Sugar Central. Ordinance taxes only centrifugal held that in order to justify a BFOQ, the employer must prove
sugar produced and exported by the Ormoc Sugar Company, Inc. and that:
none other. This violates the third requisite for a reasonable 1. The employment qualification is reasonably related to the
classification—not applicable to future conditions. The Ordinance would essential operation of the job involved; and
then not apply to any other sugar mill or company that would open in 2. That there is factual basis for believing that all or
Ormoc in the future. (Ormoc Sugar Central v. Ormoc City, G.R. No. substantially all persons meeting the qualification would be
L-23794) unable to properly perform the duties of the job.

Valid classifications in employment. Employment in particular jobs may Vagrancy. Offenders of the public order of laws are punished not for their
not be limited to persons of a particular sex, religion, or other status, as for being poor or unemployed, but for conducting themselves
classification unless the employer can show that sex, religion, or such under such circumstances as to endanger the public peace or cause
classification is an actual qualification for performing the job. This is alarm and apprehension in the community. Hence, Article 202 (2) of the
called the Bona Fide Occupational Qualification. In this case, maintaining RPC does not violate the equal protection clause. (People v. Siton, G.R.
the prescribed weight counts as a continuing qualification for flight No. 169364)
attendants. since it is based on safety of passengers. The primary ● Class legislations are legislations which deny rights to one which
objective of PAL in the imposition of the weight standards for cabin crew are accorded to others, or inflict upon one individual a more

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 ARTICLE III | SECTION 1

severe penalty than is imposed upon another in like case property results due to the enactment of the subject laws, the
offending. equal protection clause cannot be invoked.

Pending cityhood bills. There is a reasonable classification in the Appointive official. Substantial distinctions exist between elective
Cityhood Laws because: officials and appointive officials. The former occupy their office by virtue
● Rest on substantial distinctions: The 16 cities are substantially of the mandate of the electorate. They are elected to an office for a
different from other municipalities that desire to be cities since definite term and may be removed therefrom only upon stringent
they had pending cityhood bills before passage of R.A. 9009. conditions. On the other hand, appointive officials hold their office by
These LGUs had already met the income requirement before the virtue of their designation thereto by an appointing authority. Some
R.A. was passed. appointive officials hold their office in a permanent capacity and are
● Germane to the purpose of the law: The exemption was meant to entitled to security of tenure while others serve at the pleasure of the
reduce the inequality caused by the passage of R.A. 9009. The appointing authority. (Quinto v. COMELEC, G.R. No. 189698)
cityhood bills were originally part of older conversion bills filed ● Another substantial distinction can be found under the
during the 11th Congress but were not acted upon. The LGUs Administrative Code of 1987 wherein appointive officials are
were all found to be qualified under the old Sec. 450 of the 1991 strictly prohibited from engaging in any partisan political activity
Local Government Code (LGC). Thus, they are all similarly or take part in any election except to vote. Under the same
situated. provision, elective officials, or officers or employees holding
● Not be limited to existing conditions only: The R.A. is also not political offices, are obviously expressly allowed to take part in
limited to existing conditions since the R.A. affects a LGU as long political and electoral activities.
the LGU’s cityhood bills had been filed before the passing of R.A. ● The classification is also germane to the purpose of the law. The
9009 and the city had qualified for conversion under the old LGC. law was made not merely to preserve the integrity, efficiency, and
● Apply equally to all members of the same class: The 16 LGUs discipline of the public service; the Legislature also thought it
seeking refuge in the R.A. are all of the same class, since they all wise to balance this with the competing, yet equally compelling
qualified for conversion under the old LGC. (League of Cities v. interest of deferring to the sovereign will--that they be served by
COMELEC, G.R. No. 176951) (elective) officials until the end of the term for which they were
● The equal protection clause extends to all persons, natural or elected.
artificial, within the territorial jurisdiction. Artificial persons are,
however, entitled to protection only insofar as their property is Marital Rape. To treat marital rape cases differently from non-marital rape
concerned. In this case, the conversion of a municipality into a cases in terms of elements that constitute the crime and in the rules for
city will only affect its status as a political unit, but not its property their proof, infringes on the EPC. Neither can the Court frame distinct or
since the IRA has yet to be allocated. Since no deprivation of stricter evidentiary rules for marital rape cases as it would inequitably

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 ARTICLE III | SECTION 1

burden its victims and unreasonably and irrationally classify them the assailed items regulates the ownership per se of the PUV and
differently from the victims of nonmarital rape. Since the law does not transport terminals, not the franchise or permit to operate of the PUV and
separately categorize marital rape and non-marital rape nor provide for transport terminals. Regarding ownership, there is no substantial
different definition or elements for either, the Court is tasked to interpret distinction between owners of PUVs and transport terminals and owners
and apply what the law dictates. (People v. Jumawan, G.R No. 187495) of private vehicles. The ownership of PUVs and transport terminals,
although for public use, remains private. Since owners of private vehicles
Judicial Appointments. The JBC, in fulfillment of its mandate to are allowed to express their political ideas and opinion by posting election
recommend qualified individuals for the Judiciary, is allowed to add the 5 campaign materials on their properties, it should be the same for owners
year requirement for second-level court. The number of years of service of PUVs and transport terminals. Superficial differences do not make for a
provides a relevant basis to determine proven competence which may be valid classification. (1-UTAK v. COMELEC, G.R. No. 206020)
measured by experience, among other factors. (Villanueva v. JBC, G.R.
No. 211833)

Garbage collection fee. The garbage fee ordinance violates the EPC
because there was no substantial distinction between an occupant of a
lot, unit in a condominium, socialized housing project, or apartment.
(Ferrer v. Bautista, G.R No. 210551)
● However, the Social Housing Tax does not violate the EPC. The
disparities between a real property owner and an informal settler
as two distinct classes are too obvious. The differentiation
conforms to the practical dictates of justice and equity and is not
discriminatory within the meaning of the Constitution. Moreover, it
is inherent in the power to tax that a state is free to select the
subjects of taxation. Inequities which result from a singling out of
one particular class for taxation or exemption infringe no
constitutional limitation.

Election propaganda in PUVs and terminals. One of the distinctions

between PUVs and transport terminals and private vehicles, is that the
former needs to secure from the government either a franchise or a permit
to operate. However, as pointed out earlier, the prohibition imposed under

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 ARTICLE III | SECTION 2

Who can invoke. The right applies equally to Filipino citizens and
Section 2. The right of the people to be secure in their persons,
foreigners. (Qua Chee Gan v Deportation Board G.R. No. L-10280).
houses, papers, and effects against unreasonable searches and
Juridical entities such as corporations are also protected. (Bache & Co v.
seizures of whatever nature and for any purpose shall be inviolable,
Ruiz, G.R. No. L-32409)
and no search warrant or warrant of arrest shall issue except upon
● Purely personal right. The legality of a seizure can be contested
probable cause to be determined personally by the judge after
only by the party whose rights have been impaired thereby. The
examination under oath or affirmation of the complainant and the
objection to an unlawful search and seizure is purely personal and
witnesses he may produce, and particularly describing the place to be
it cannot be availed of by third parties. (Stonehill v. Diokno, G.R.
searched and the persons or things to be seized.
No. L-1955)
● Search and seizure conducted at offices of a corporation.
RIGHT AGAINST UNREASONABLE SEARCHES AND SEIZURES Petitioners may not validly object to the use in evidence against
them of the documents, papers and things seized from the offices
Purpose. To protect the privacy and the sanctity of the person and of his and premises of the corporations, since the right to object to the
house and other possessions against arbitrary intrusion by state officers. admission of said papers in evidence belongs exclusively to the
(Bernas Primer, p. 39) corporations, to whom the seized effects belong, and may not be
invoked by the corporate officers in proceedings against them in
Scope. Section 2 is not just a circumscription of the power of the State their individual capacity. (Id.)
over a person’s home and possessions. More importantly, it protects the
privacy and sanctity of the person himself. It is a guarantee of the right of Can be invoked against the government only. The constitutional
the people to be secure in their “persons… against unreasonable proscription against unlawful searches and seizures applies as a restraint
searches and seizures.” It is therefore also a guarantee against unlawful directed only against the government and its agencies tasked with
arrests and other forms of restraint on the physical liberty of the person. enforcement of the law. Recourse against private individuals is an action
(Bernas Green Book, p. 168) for damages under the Civil Code. (People v. Marti, G.R. No 81561)

Prohibition against unreasonable searches. Section 2, Article III, does WHEN IS A “SEARCH” A SEARCH?
not prohibit all searches and seizures. What it prohibits are unreasonable
searches and seizures. (Bernas Primer, p. 39) Those which are reasonable Reasonableness of search; mandatory drug testing. ‘Reasonableness’
are not forbidden. A reasonable search is not to be determined by any is the touchstone of the validity of a government search or intrusion. The
fixed formula but is to be resolved according to the facts of each case. standard is judged by the balancing of the government-mandated
(Valmonte v. General de Villa, cited in Bernas Primer, p. 40) intrusion on the individual’s privacy interest against the promotion of

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 ARTICLE III | SECTION 2

some compelling state interest. Drug-testing policies for employees and Persons accused of crimes; mandatory drug testing. In the criminal
students under R.A. 9165 is in the nature of administrative searches, context, reasonableness requires showing of probable cause to be
needing “swift and informal disciplinary procedures”. As such, the personally determined by a judge. Given that the drug - testing policy for
probable-cause standard is not required or even practicable. (SJS v. DDB, employees and students is in the nature of administrative search needing
G.R. No. 157870) "swift and informal disciplinary procedures," the probable cause standard
is not required or even practicable. Moreover, the testing for is neither
Contextually fewer rights of students; mandatory drug testing. random nor suspicionless. Not only does this violate their right to privacy
Following US jurisprudence, the Court upheld the drug testing policy of under Art. III, Sec. 2, but the accused are forced to incriminate
R.A. 9165 for the reasons that: themselves in violation of Art. III, Sec. 19. Hence, there is no valid
1. Schools and their administrators stand in loco parentis with justification for the mandatory drug testing of persons accused of crimes.
respect to their students; (Id.)
2. Minor students have contextually fewer rights than an adult,
and are subject to the custody and supervision of their parents, Q&A. Can a school (public or private) conduct a routine check on lockers
guardians, and schools; and bags to see if students are hiding contraband like weapons,
3. Schools, acting in loco parentis, have a duty to safeguard the pornography, or drugs?
health and well-being of their students and may adopt such ● For private, yes because the bill of rights do not cover private
measures as may reasonably be necessary to discharge such relations.
duty; and ● For public schools, still yes because there is a reduced
4. Schools have the right to impose conditions on applicants for expectation of privacy from the students. Moreover, the school
admission that are fair, just, and non-discriminatory (reasonable stands in loco parentis to safeguard the health and well-being of
test). (Id.) its students and may adopt such measures as may be reasonably
necessary to discharge this duty. Right to privacy yields to certain
Employees’ reduced expectation of privacy; mandatory drug testing. paramount rights of the public and defers to the State’s exercise
The employees' privacy interest in an office is circumscribed by the of police power. (Class Discussion)
company's work policies, the collective bargaining agreement, if any,
entered into by management and the bargaining unit, and the inherent ISSUANCE OF WARRANTS
right of the employer to maintain discipline and efficiency in the
workplace. Hence, the statute was held to be constitutional because of Requisites of a warrant:
the reduced expectation of privacy on the part of employees, the 1. Probable cause is present;
compelling state concern likely to be met by the search, and the 2. Such presence is determined personally by the judge;
well-defined limits set in the law. (Id.)

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 ARTICLE III | SECTION 2

3. The complainant and the witnesses he or she may produce are Evidence needed. Probable cause is concerned with probability, not
personally examined by the judge, in writing and under oath or absolute or even moral certainty. What is required is not proof beyond
affirmation; reasonable doubt but merely probable cause. The prosecution needs not
4. The applicant and the witnesses testify on the facts personally present at this stage proof beyond reasonable doubt. The standards of
known to them; and judgment are those of a reasonably prudent man, not the exacting
5. The warrant specifically describes the place to be searched calibrations of a judge after a full-blown trial. (Microsoft Corporation v.
and the things to be seized. (People v Francisco, G.R. No. Maxicorp, cited in Bernas Primer, p. 42)
129035)
Bail not a waiver. An application for bail does not have the effect of
Probable cause. Such facts and circumstances antecedent to the waiver of the right to challenge the validity of a warrant. (Sec 26, Rule 114
issuance of a warrant that are in themselves sufficient to induce a Revised Rules of Criminal Procedure) This new rule is curative in nature as
cautious man to rely on them. Specifically, probable cause must be it was designed to supply defects and curb evils in procedural rules.
defined in relation to the action which it justifies. (Bernas Primer, p. 41) (Bernas Primer, p. 50)

Who may determine probable cause. Only a judge may determine SEARCH WARRANT
probable cause for the purpose of issuing a warrant (Bernas Primer, p.
43). General rule. Searches and seizures are normally unreasonable unless
● Commissioner on immigration. The Commissioner may only authorized by a validly issued search warrant or warrant of arrest. (Bernas
order the arrest of an alien for the purpose of carrying out a Primer, p. 40)
deportation order that has already become final (Qua Chee Gan v.
Deportation Board, Bernas Primer, p. 43) Definition of search warrant. A search warrant is an order in writing,
● PCGG. A search and seizure order issued by the PCGG, which issued in the name of the People of the Philippine Islands, signed by a
has all the features of a search warrant is invalid because only a judge or a justice of the peace, and directed to a peace officer,
judge may issue one. (Republic v. Sandiganbayan, G.R. Nos. commanding him to search for personal property and bring it before the
112708-9) court. (Sec. 1, Rule 126, Revised Rules of Criminal Procedure)

Presumption against regularity of searches. These constitutional Personal property to be seized. A search warrant may be issued for the
guarantees should be given strict construction against the government, search and seizure of personal property:
and liberal in favor of the individual, to prevent stealthy encroachment 1. Subject of the offense;
upon the rights secured by them. (Sony Music v. Judge Español, cited in 2. Stolen or embezzled and other proceeds, or fruits of the offense;
Bernas Primer, p. 40) or

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 ARTICLE III | SECTION 2

3. Used or intended to be used as the means of committing an to be containing articles tending to incite distrust and hated for
offense. (Sec. 3, Rule 126, Revised Rules of Criminal Procedure) the government (Corro v Lising, cited in Bernas Primer, p. 42), or
broad statements made by the military that the accused is in
Requisites for issuing search warrants. A search warrant shall not possession of equipment for publication allegedly used for
issue except upon probable cause in connection with one specific offense subversion. (Burgos, Sr. v. Chief of Staff, AFP, cited in Bernas
to be determined personally by the judge after examination under oath or Primer, p. 42)
affirmation of the complainant and the witnesses he may produce, and ● Q&A. Can an anonymous tip or an informant be the basis of a
particularly describing the place to be searched and the things to be search warrant?
seized which may be anywhere in the Philippines. (Sec. 4, Rule 126, ○ Generally no, because the judge must personally
Revised Rules of Criminal Procedure) determine probable cause. An anonymous tip alone
cannot be the basis for probable cause. There must be
Period of validity of search warrant. A search warrant shall be valid for affidavits, police reports or other evidence which the
10 days from its date. Thereafter it shall be void. (Sec. 10, Rule 126, judge will use to personally determine probable cause.
Revised Rules of Criminal Procedure) (Class Discussion)
○ However, a tip from a classified informant may be the
Search warrants may be partially valid. No provision of law exists which basis of a search. (People v. Lo Ho Wing, G.R. No. 88017)
requires that a warrant, partially defective in specifying some items
sought to be seized yet particular with respect to the other items, should Presence of probable cause is determined personally by the judge. If
be nullified as a whole. A partially defective warrant remains valid as to the judge is satisfied of the existence of facts upon which the application
the items specifically described in the warrant. A search warrant is is based or that there is probable cause to believe that they exist, he shall
severable, the items not sufficiently described may be cut off without issue the warrant, which must be substantially in the form prescribed by
destroying the whole warrant. (Microsoft Corporation v. Maxicorp, G.R. these Rules. (Sec. 6, Rule 126, Revised Rules of Criminal Procedure)
No. 140946)
The complainant and the witnesses must be personally examined by
Probable cause for a search warrant. Such facts and circumstances the judge. The judge must, before issuing the warrant, personally
which would lead a reasonably discreet and prudent man to believe that examine in the form of searching questions and answers, in writing and
an offense has been committed and that the objects sought in connection under oath, the complainant and the witnesses he may produce facts
with the offense are in the place sought to be searched. (Id.) personally known to them and attach to the record their sworn
● Conclusions of law unsupported by particulars are not sufficient statements, together with the affidavits submitted. (Sec. 5, Rule 126,
to establish probable cause to be used as basis for the issuance Revised Rules of Criminal Procedure)
of a warrant. Examples include an affidavit describing periodicals

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 ARTICLE III | SECTION 2

Reliance on affidavits not enough. When a judge, in issuing a search ● Specific provision of law must be stated. A search warrant was
warrant, does not take the witnesses’ depositions in writing and merely issued for properties used in “violation of Central Bank laws, Tariff
relies on their affidavits, and does not further ask judicious questions to and Customs Laws, Internal Revenue Code and Revised Penal
find probable cause, the search warrant and the subsequent search Code”. The warrant did not meet the requirements that a warrant
conducted becomes invalid. The examining magistrate must not simply must be issued in relation to one specific offense. (Stonehill v.
rehash the contents of the affidavit, but must make his own inquiry on the Diokno, G.R. No. L-1955)
intent and justification of the application. (Roan v. Gonzales, G.R. No. ○ Compared to Central Bank v. Morfe. The search
71410) warrant in Central Bank was considered valid because the
basis of the issuance of the search warrant was personal
Depositions made by the clerk are not enough. The participation of knowledge of the intelligence officer that the accused
respondent Judge in the proceedings which led to the issuance of search violated specific provisions of law, particularly Section
warrant was limited to listening to the stenographer's readings of her 46(a), in relation to Sections 53, 72, 73, 208, and 209, of
notes, to a few words of warning against the commission of perjury, and the National Internal Revenue Code. (Central Bank v.
to administering the oath to the complainant and his witness. This cannot Morfe, G.R. No. L-20119)
be considered a personal examination. If there was an examination at all
of the complainant and his witness, it was the one conducted by the Description of things to be seized. A search warrant may be said to
Deputy Clerk of Court. However, the Constitution and the Rules require a particularly describe the things to be seized when the description therein
personal examination by the judge. (Id.) is as specific as the circumstances will ordinarily allow; when the
description expresses a conclusion of fact not of law by which the
PARTICULARITY OF DESCRIPTION warrant officer may be guided in making the search and seizure; when the
things described are limited to those which bear direct relation to the
One specific offense only. The warrant must be issued in relation to one offense for which the warrant is being issued. (Bache & Co. v. Ruiz, G.R.
specific offense. (Sec. 4, Rule, 126, Revised Rules of Criminal Procedure) No. L-32409)
● Scatter-shot warrants. Warrants issued for more than one
offense are void, for the law requires that a warrant should only Description of place to be searched. The rule is that a description of a
be issued in connection with one specific offense. Thus, where place to be searched is sufficient if the officer with the warrant can, with
the questioned warrant was issued for multiple offenses, reasonable effort, ascertain and identify the place intended and
specifically Articles 171 and 213 of the Revised Penal Code, as distinguish it from other places in the community. Any designation or
well as the Anti-Graft and Corrupt Practices Act, it is void for description known to the locality that points out the place to the exclusion
being a scatter-shot warrant. (Vallejo v. CA, G.R. No. 156413 ) of all others, and on inquiry leads the officers unerringly to it, satisfies the
constitutional requirement. (People v. Francisco, G.R. No. 129035)

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 ARTICLE III | SECTION 2

● Description is required to be specific only so far as the warrants were issued with both of them referring to the Project 6 address.
circumstances will ordinarily allow. What is material in determining A search was nonetheless made of the RMS Building address. The defect
the validity of a search is the place stated in the warrant itself, not pointed out is obviously a typographical error. In determining the
what the applicants had in their thought, or had represented in sufficiency of the description of the address, the executing officer’s prior
the proofs they submitted to the court issuing the warrant. knowledge of the place intended in the warrant is relevant. In this case
(People v. Francisco, G.R. No. 129035) the executing officer was also the affiant on whose affidavit the warrant
● The property to be searched does not necessarily need to be had issued. He therefore knew what addresses were referred to. (Burgos,
owned by the person against whom the search warrant is Sr. v. Chief of Staff, AFP, cited in Bernas Primer, p. 47)
directed. It is sufficient that the property is under the control or
possession of the person sought to be searched. (Burgos Sr. v. GENERAL WARRANTS
Chief of Staff, cited in Bernas Primer, p. 50)
General warrants. General warrants are defined as a "search or arrest
Purpose of particularity of description. To prevent abuse by the officer warrant that is not particular as to the person to be arrested or the
enforcing the warrant by leaving to him no discretion as to who or what to property to be seized." It is one that allows the "seizure of one thing under
search or seize. (Bernas Primer, p. 46) a warrant describing another" and gives the officer executing the warrant
the discretion over which items to take. (Worldwide Web Corp v. People,
Mistake in identification of owner. If in a search warrant the place there G.R. No. 161106)
is a mistake in the identification of the owner of the place, the warrant is
not invalidated as long as the place is properly described. (Uy v. BIR, Test for specific warrant:
cited in Bernas Primer, p. 47) 1. A search warrant may be said to particularly describe the things
to be seized when the description therein is as specific as the
“Undetermined amount of marijuana.” Where the warrant describes circumstances will ordinarily allow; or
what is to be seized as “an undetermined amount of marijuana”, it is 2. When the description expresses a conclusion of fact — not of
sufficient. It is not required that technical precision of description be law — by which the warrant officer may be guided in making the
required, particularly where, by the nature of the goods to be seized, their search and seizure; or
description must be rather general, since the requirement of technical 3. When the things described are limited to those which bear
description would mean that no warrant could issue. (People v. Tee, cited direct relation to the offense for which the warrant is being
in Bernas Primer, p. 46) issued. (Bache & Co. v. Ruiz, G.R. No. L-32409)

Typographical errors permissible. The military applied for a search John Doe Warrant. A warrant for the apprehension of a person whose
warrant for two addresses: (1) RMS Building and (2) Project 6. Two true name is unknown, by the name of ‘John Doe’ or ‘Richard Doe’ whose

Æ 2023 | 27
 ARTICLE III | SECTION 2

other or true name is unknown is void for being a general warrant. without reference to specific alleged victims of the purported illegal
(People v. Veloso, G.R. No. 23051) banking transactions. Judge Morfe’s reasoning might be justified if the
● As an exception, they may be allowed if the warrant contains the acts imputed to the Organization consisted of isolated transactions,
best possible description of the person/s (description personae) distinct and different from the type of business in which it is generally
to be apprehended. The description must be sufficient to indicate engaged. Then, it may be necessary to specify or identify the parties
clearly the proper person upon whom the warrant is to be served. involved in said isolated transactions, so that the search and seizure be
It should state: limited to the records pertinent thereto. However, it is not the situation in
1. His personal appearance and peculiarities; this case because the records suggest clearly that the transactions
2. Occupation and place of residence; and objected to by the Bank constitute the general pattern of the business.
3. Any other circumstances by means of which he can be (Central Bank v. Morfe, G.R. No. L-20119)
identified. (Id.) ● Compared to Stonehill v. Diokno. In Stonehill, the warrant
sanctioned the seizure of all records of the petitioners
Warrant for 50 John Does. A warrant of arrest against ‘50 John Does’ is contravening the command of the Bill of Rights that the things to
of the nature of a general warrant, clearly violative at least of the be seized be particularly described. In Central Bank, the basis of
requirement of particularity of description. (Pangandaman v. Casar, cited the issuance of the search warrant was that the subject of the
in Bernas Primer, p. 46) warrant are transactions constituting the general pattern of
business of the establishment, not isolated transactions. Although
All business transactions; general warrant. In a case where search the intelligence officer has failed to provide the identity of
warrants were issued for the seizure of records pertaining to all business “victims”, the court here upheld the reasonableness of the search
transactions of petitioners, regardless of whether the transactions were because the alleged illegal general pattern of business of the
legal or illegal. This openly contravened the explicit command of our Bill bank concerned the general public since anyone can become a
of Rights, that the things to be seized be particularly described. It also depositor or member. (Stonehill v. Diokno)
defeated the provision’s major objective: the elimination of general
warrants. Moreover, the warrants did not allege any specific offense nor EXCLUSIONARY RULE
was there any specific document to be searched. As such, the warrants
were void and any evidence obtained were inadmissible. (Stonehill v. General rule. Any evidence obtained in such illegal search or seizure are
Diokno, G.R. No. L-1955) inadmissible for any purpose in any proceeding. Article III, Section 3 (2)
The Constitution explicitly follows the exclusionary rule. This is the “fruit
General pattern of business; not a general warrant. Judge Morfe filed of the poisonous tree” doctrine. (Bernas Primer, p. 49)
an injunction against a search and seizure because it authorized the
seizure of all records, without reference to specific illegal transactions and

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 ARTICLE III | SECTION 2

Exception. This rule only applies when the illegal search and seizure is WARRANTLESS SEARCHES AND SEIZURES
conducted by public officers and NOT private individuals. (People v. Marti,
G.R. No. 81561) Exceptions. The rule that searches and seizures must be supported by a
valid warrant is not an absolute rule. Jurisprudence recognizes
Rationale. The reason for the exclusion of evidence competent as such, well-established exceptions to the warrant requirement:
which has been unlawfully acquired, is that exclusion is the only practical 1. Search incidental to an arrest;
way of enforcing constitutional privilege. In earlier times the action of 2. Waiver of right or consented searches;
trespass against the offending official may have been protection enough; 3. Moving vehicles;
but that is true no longer. Only in case the prosecution which itself 4. Checkpoints;
controls the seizing officials, knows that it cannot profit by their wrong will 5. Evidence in plain view;
that wrong be repressed. (Stonehill v. Diokno, G.R. No. L-1955) 6. Stop and frisk;
7. Enforcement of custom laws;
Goods seized illegally must be returned. The fact that it might be 8. Airport checks; and
needed for prosecution of an important crime is no exception to the rule. 9. Exigent circumstances.
(Bagalihog v. Fernandez, cited in Bernas Primer, p. 50) But it cannot be
returned if the possession of such goods is prohibited by law. 1. WARRANTLESS SEARCH INCIDENTAL TO ARREST

Custodia legis. Property seized may not necessarily be returned Search incident to lawful arrest. A person lawfully arrested may be
immediately; the items could remain in custodia legis, or in the custody of searched for dangerous weapons or anything which may have been used
the law, pending the resolution of that case. (Roan v. Gonzales, G.R. No. or constitute proof in the commission of an offense without a search
71410) warrant. (Sec. 13, Rule 126, Revised Rules of Criminal Procedure)

Q&A. After being acquitted, can the items searched be seized again by a Requisites for a valid warrantless search incidental to a lawful arrest:
valid search warrant and be admissible as evidence? Can the accused be 1. The item to be searched was within the arrestee’s custody or
charged again with the same crime? area of immediate control; and
● First, if they are contraband, they cannot be returned as they are 2. The search was contemporaneous with the arrest. (Padilla v.
subject to police disposal. Second, the items can be the subject CA, G.R. No. 121917)
of another search warrant, but officers must think if it would be
wise to do so since they need to account for double jeopardy. A lawful arrest must precede the search. The arrest must take place
(Class Discussion) before the search and seizure. The arrest must also be valid, either with a
warrant or without but falls under the exceptions. (Class Discussion)

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 ARTICLE III | SECTION 2

precluded from complaining later thereof. The right against unreasonable

Probable cause for search incidental to an arrest. Probable cause is searches and seizures may be waived expressly or impliedly. (People v.
needed because the law requires that there first be a lawful arrest before Malasugui, G.R. No. L-44335)
a search can be made - the process cannot be reversed. (Class
Discussion) Admissibility of evidence. Any objection to the legality of the search
warrant and the admissibility of the evidence obtained thereby was
Rationale. The arresting officer may search the person of the arrestee deemed waived when no objection was raised by appellant during trial.
and the area within which the latter may reach for a weapon or for (People v. Nunez, G.R. No. 177148)
evidence to destroy, and seize any money or property found which was
used in the commission of the crime, or the fruit of the crime, or that Requisites for a valid waiver of right:
which may be used as evidence, or which might furnish the arrestee with 1. It must first appear that the right exists;
the means of escaping or committing violence. (Sanchez v. People, G.R. 2. That the person involved had knowledge, either actual or
No. 204589) constructive, of the existence of such right; and
3. That said person had an actual intention to relinquish the right.
Q&A. During the enhanced community quarantine, a man is walking in the (Manalili v. CA, G.R. No. 113447)
middle of the day, wearing a mask and a bag with liquor. A police officer,
suspicious of the man and the bag’s content, arrested the latter saying Totality of circumstances. The question whether consent to a search
that he violated ECQ regulations. Upon arrest, the officer opened the bag was in fact voluntary is a question of fact to be determined from the
and found alcoholic beverages which are prohibited. Is the search valid? totality of all the circumstances. Relevant to this determination are the
● No, it is not valid. Although the bag really contained liquor, the following characteristics of the person giving consent and the
arrest preceding the search did not constitute a valid warrantless environment in which consent is given: (1) the age of the defendant; (2)
arrest because it was grounded on mere suspicion, without any whether he was in a public or secluded location; (3) whether he objected
overt criminal act performed by the man “just walking.” Since the to the search or passively looked on; (4) the education and intelligence of
arrest was not valid, the search incidental to it is also invalid. the defendant; (5) the presence of coercive police procedures; (6) the
(Class Discussion) defendant's belief that no incriminating evidence will be found; (7) the
nature of the police questioning; (8) the environment in which the
2. WAIVER OF RIGHT questioning took place; and (9) the possibly vulnerable subjective state of
OR CONSENTED WARRANTLESS SEARCHES the person consenting. (Valdez v. People, G.R. No. 170180)

Consented warrantless search. When one voluntarily submits to a Manner of waiver. The right to be secure from unreasonable search may
search or consents to have it made on his premises or person, he is be waived and such waiver may be either expressly or impliedly. The

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 ARTICLE III | SECTION 2

waiver can be shown by failure to make any objection or even mutter a bit Requisites for a valid search of moving vehicle:
of protest. (People v. Barros, G.R. No. 90640) 1. Vehicle does not necessarily have to be moving, it only has to be
a vehicle.
Clear and convincing evidence needed. Consent to a search is not to 2. Existence of probable cause justifying the search. (Class
be lightly inferred, but shown by clear and convincing evidence. It must Discussion)
be voluntary in order to validate an otherwise illegal search; that is, the
consent must be unequivocal, specific, intelligently given and Probable cause for moving vehicles. An extensive search without
uncontaminated by any duress or coercion. (Luz v. People, G.R. 197788) warrant could only be resorted to if the officers conducting the search
had reasonable or probable cause to believe before the search that either
Burden of proving consent. It is the State that has the burden of the motorist was a law offender or that they would find the instrumentality
proving, by clear and positive testimony, that the necessary consent was or evidence pertaining to the commission of a crime in the vehicle to be
obtained, and was freely and voluntarily given. (Valdez v. People) searched. The existence of probable cause justifying the warrantless
search is determined by the facts of each case. (Aniag v. COMELEC,
Presumption against waiver. The rule is that courts indulge every G.R. No. 104961)
reasonable presumption against waiver of fundamental constitutional
rights and that we do not presume acquiescence in the loss of Reduced expectation of privacy. Highly regulated by the government,
fundamental rights. (People v. Aruta, G.R. No. 120915) the vehicle's inherent mobility reduces expectation of privacy. But there
● The accused is not to be presumed to have waived the unlawful must be a highly reasonable suspicion amounting to probable cause that
search conducted on the occasion of his warrantless arrest the occupant committed a criminal activity. (Bernas Primer, p. 51)
simply because he failed to object. (People v. Barros)
Rationale. The distinctive feature of a warrantless search of a ship,
3. MOVING VEHICLES motorboat, wagon or automobile for contraband goods is that it is not
practicable to secure a warrant because the vehicle can be quickly
Search of moving vehicles. Searches and seizures without warrant are moved out of the locality or jurisdiction in which the warrant must be
valid if made upon probable cause, that is, upon a belief reasonably sought. (Carroll v US, cited in People v CFI of Rizal, Br. IX). A warrantless
arising, out of circumstances known to the seizing officer, that an search of a moving vehicle is justified on the ground that "it is not
automobile or other vehicle contains that which by law is subject to practicable to secure a warrant because the vehicle can be quickly
seizure. (People v. CFI of Rizal, Br. IX, G.R. No. L-41686) moved out of the locality or jurisdiction in which the warrant must be
sought.” (Carroll v. United States, cited in People v. Lo Ho Wing, G.R. No.
88017)

Æ 2023 | 31
 ARTICLE III | SECTION 2

The search which is normally permissible in this instance is limited to way least intrusive to motorists are allowed. For, admittedly, routine
the following instances: checkpoints do intrude, to a certain extent, on motorists' right to "free
● Where the officer merely draws aside the curtain of a vacant passage without interruption," but it cannot be denied that, as a rule, it
vehicle which is parked on the public fair grounds; involves only a brief detention of travelers during which the vehicle's
● Simply looks into a vehicle; occupants are required to answer a brief question or two. For as long as
● Flashes a light therein without opening the car’s doors; the vehicle is neither searched nor its occupants subjected to a body
● Where the occupants are not subjected to a physical or body search, and the inspection of the vehicle is limited to a visual search, said
search; routine checks cannot be regarded as violative of an individual's right
● Where the inspection of the vehicles is limited to a visual search against unreasonable search. In fact, these routine checks, when
or visual inspection; or conducted in a fixed area, are even less intrusive. (People v. Escano, G.R.
● Where the routine check is conducted in a fixed area. (Valmonte v. Nos. 129756-58)
General de Villa, G.R. No. 83988)
Checkpoints do not need to be announced. Not only would it be
4. CHECKPOINTS impractical, it would also forewarn those who intend to violate the ban.
Even so, badges of legitimacy of checkpoints may still be inferred from
Checkpoints. Checkpoint may either be a mere routine inspection or may their fixed location and the regularized manner in which they are
involve extensive search. operated. (Id.)

Checkpoints not illegal per se. Under exceptional circumstances, as Probable cause for extensive search. An extensive search (as opposed
where the survival of organized government is on the balance, or where to visual search only) without warrant could only be resorted to if the
the lives and safety of the people are in grave peril, checkpoints may be officers conducting the search had reasonable or probable cause to
allowed and installed by the government. Routine inspection and a few believe before the search that either the motorist was a law offender or
questions do not constitute unreasonable searches. If the inspection that they would find the instrumentality or evidence pertaining to the
becomes more thorough to the extent of becoming a search, this can be commission of a crime in the vehicle to be searched. Otherwise, officers
done when there is deemed to be probable cause. In the latter situation, it are only limited to plain view searches. (Aniag v. COMELEC, G.R. No.
is justifiable as a warrantless search of a moving vehicle. (Valmonte v. 104961; Class Discussion)
General de Villa, cited in Bernas Primer, p. 40) ● A warrantless search is constitutionally permissible when the
officers conducting the search have reasonable or probable
Must be limited to visual search; should not be intrusive. Warrantless cause to believe, before the search, that either the motorist is a
searches by checkpoints is not violative of the Constitution. Those which law-offender (like petitioner in the hit and run) or the contents or
are warranted by the exigencies of public order and are conducted in a cargo of the vehicle are or have been instruments or the subject

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 ARTICLE III | SECTION 2

matter or the proceeds of some criminal offense. (Padilla v. CA, ● Yes, because this time, the police may argue that they obtained
G.R. No. 121917) probable cause that you are hiding something, since you were
acting defensive by refusing to open it. (Class Discussion)
Difference between moving vehicle and checkpoint:

Moving vehicle Checkpoint

5. EVIDENCE IN PLAIN VIEW

Needs probable Does not need probable cause (except if extensive Evidence in plain view. Objects falling in the plain view of an officer who
cause. search) has a right to be in the position to have that view are subject to seizure
and may be introduced in evidence.
Extensive search General Rule: Only visual search is allowed.
is allowed. Exceptions: Requisites of a valid warrantless search for evidence in plain view:
1. If there is probable cause to do extensive 1. A prior valid intrusion based on the valid warrantless arrest in
search; or which the police are legally present in the pursuit of their
2. Consent of the owner of the vehicle. official duties;
2. The evidence was inadvertently discovered by the police who
Q&A. Given the nationwide liquor ban, is it lawful for a law enforcer, had the right to be where they are;
during checkpoint, to ask the driver of a private vehicle to open his bag at 3. The illegality of the evidence must be immediately apparent; and
the back of the car on the mere suspicion that what is inside is liquor? 4. Noticed without further search. (People v. Evaristo, cited in
(Note: Law enforcer does not yet know the content of the bag since it is Bernas Primer. p. 51)
still closed. Neither there is a bulge or whatsoever to constitute probable
cause.) Discovery must be inadvertent; lawful intrusion needed. To come
● No, it is unlawful because there is no probable cause to search under the exception, the discovery must be inadvertent. If an officer
the bag. The bag is only placed at the back of the car without any encounters prohibited objects only after poking around, the discovery
indication that it contains liquor. (Class Discussion) would not be inadvertent. The officer must lawfully make an initial
intrusion or properly be in a position from which he can particularly view
Q&A. While in a checkpoint, the police officer asked you if you can open the area. In the course of such lawful intrusion, he came inadvertently
your glove compartment. You refused saying that they are only limited to across a piece of evidence incriminating the accused. The object must be
visual searches. Can the police officers, now, open the said open to the eye and hand, and its discovery inadvertent. (Miclat v. People,
compartment? G.R. No. 176077)

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 ARTICLE III | SECTION 2

Rationale. In cases involving this exception, police officers had a prior weapons which might be used to assault him. Such is a reasonable
justification for an intrusion in the course of which he came inadvertently search. (Terry v. Ohio, 392 U.S. 1)
across a piece of evidence incriminating the accused. The doctrine serves
to supplement the prior justification - whether it be a warrant for another Justification for and allowable scope of a stop and frisk as a limited
object, hot pursuit, search incident to lawful arrest, or some other protective search of other clothing for weapons. While probable cause
legitimate reason for being present unconnected with a search directed is not required to conduct a ‘stop and frisk’, it nevertheless holds that
against the accused - and permits the warrantless seizure. (People v. mere suspicion or a hunch will not validate a ‘stop and frisk’. The
Leangsiri, G.R. 12659) apprehending police officer must have a genuine reason, in accordance
with the police officer's experience and the surrounding conditions, to
6. STOP AND FRISK RULE (TERRY SEARCH) warrant the belief that the person to be held has weapons (or contraband)
concealed about him. (Malacat v. CA, G.R. No. 123595)
Stop and frisk. The Terry search or the "stop and frisk" situation refers to
a case where a police officer approaches a person who is acting Two-fold interest.
suspiciously, for purposes of investigating possible criminal behavior in 1. The general interest of effective crime prevention and detention,
line with the general interest of effective crime prevention and detection. which underlies the recognition that a police officer may, under
To assure himself that the person with whom he is dealing is not armed appropriate circumstances and in an appropriate manner,
with a weapon that could unexpectedly and fatally be used against him, approach a person for purposes of investigating possible criminal
he could validly conduct a carefully limited search of the outer clothing of behavior even without probable cause; and
such a person to discover weapons which might be used to assault him. 2. The more pressing interest of safety and self-preservation which
(People v. Canton, G.R. No. 148825) permit the police officer to take steps to assure himself that the
person with whom he deals is not armed with a deadly weapon
Meaning. Where a police officer observes unusual conduct which leads that could unexpectedly and fatally be used against the police
him reasonably to include in light of his experience that criminal activity officer. (People v. Esquillo, G.R. No. 182010)
may be afoot and that the person with whom he is dealing may be armed
and presently dangerous, where in the course of investigation of this Scope. According to Terry v. Ohio, the stop and frisk doctrine is only
behavior he identifies himself as a policeman and makes reasonable limited to the search of weapons. But in the case of Esquillo, the doctrine
inquiries, and where nothing in the initial stages of the encounter serves was used to justify the warrantless search of drugs. However, it seems
to dispel his reasonable fear for his own or others’ safety, he is entitled for that Esquillo is an isolated case since the majority of Philippine
the protection of himself and others in the area to conduct a carefully jurisprudence limits the doctrine to the search of weapons only. (Class
limited search of the outer clothing of such persons in attempt to discover Discussion)

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 ARTICLE III | SECTION 2

7. ENFORCEMENT OF CUSTOM LAWS (CUSTOM SEARCHES) ● Go aboard any vessel or aircraft within the limits of any collection
district, and to inspect, search and examine said vessel or aircraft
Custom searches. An individual deputized by the Commissioner of and any trunk, package, box or envelope on board;
Customs for the purpose of enforcing customs and tariff laws may validly ● Open and examine any box, trunk, envelope or other container
search containers without a warrant if there is reasonable cause to wherever found when he has reasonable cause to suspect the
suspect the presence of dubitable articles. Customs officers or border presence therein of dutiable or prohibited article or articles
officers may search incoming persons and goods to look for either goods introduced into the Philippines contrary to law, and likewise to
concealed to avoid duties or other illegal materials. (Papa v. Mago, G.R. stop, search and examine any vehicle, beast or person
No. L-27360) reasonably suspected of holding or conveying such article as
aforesaid. (People v. CFI of Rizal, Br. IX, G.R. No. L-41686)
Scope. Except in the case of the search of a dwelling house, persons
exercising police authority under the customs law may effect search and Rationale. It is not practicable to secure a warrant because the vehicle
seizure without warrant in the enforcement of custom laws. (Id.) can be quickly moved out of the locality or jurisdiction in which the
warrant must be sought. (Id.)
Requisites:
1. Must be made under the authority of the Commissioner of 8. AIRPORT CHECK
Customs pursuant to authority from Customs Laws;
2. The search must not be made in dwellings; and Airport check. With increased concern over airplane hijacking and
3. Probable cause of existence of dutiable or prohibited articles. terrorism has come increased security at the nation's airports.
(Sections 2201-2212, Tariff and Customs Code) Passengers attempting to board an aircraft routinely pass through metal
detectors; their carry-on baggage as well as checked luggage are
Police authority to discharge duty under Tariff and Customs Code. routinely subjected to x-ray scans. Should these procedures suggest the
Under tariff and customs law, the authority of persons duly commissioned presence of suspicious objects, physical searches are conducted to
to enforce tariff and customs laws is quite exceptional when it pertains to determine what the objects are. (People v. Johnson, cited in People v.
the domain of searches and seizures of goods suspected to have been Canton, G.R. No. 148825)
introduced in the country in violation of the customs law. The power
granted to persons having police authority under Section 2203 of the Rationale. There is little question that such searches are reasonable,
Tariff and Customs Code, who in order to discharge their official duties given their minimal intrusiveness, the gravity of the safety interests
more effectively, may at anytime: involved, and the reduced privacy expectations associated with airline
● Enter, pass through, or search any land or inclosure of any travel. Indeed, travelers are often notified through airport public address
warehouse, store or other building not being a dwelling house; systems, signs, and notices in their airline tickets that they are subject to

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 ARTICLE III | SECTION 2

search and, if any prohibited materials or substances are found, such Valid warrantless searches or seizures where probable cause is
would be subject to seizure. These announcements place passengers on unnecessary:
notice that ordinary constitutional protections against warrantless 1. Waiver of right or consented searches
searches and seizures do not apply to routine airport procedures. (Id.) 2. Checkpoint (but it is needed if an extensive search is to be made)
3. Stop and frisk rule
Reduced expectation of privacy. Persons may lose the protection of the 4. Airport check
search and seizure clause by exposure of their persons or property to the
public in a manner reflecting a lack of subjective expectation of privacy, SEARCHES AND SEIZURES “OF WHATEVER NATURE AND
which expectation society is prepared to recognize as reasonable. Such FOR WHATEVER PURPOSE”
recognition is implicit in airport security procedures. (Id.)
Scope. The phrase extends the search and seizure clause to at least two
Does not need probable cause since this is a reasonable search. penumbral areas:
(Class Discussion) 1. Subpoena duces tecum; and
2. Building inspection by administrative officers.
9. EXIGENT CIRCUMSTANCES
Rules of Court; production of documents. The orders in question,
Exigent circumstances. Exigent and emergency circumstances may issued in virtue of the provisions of Rule 21, pertain to a civil procedure
justify a search without a warrant. (People v. de Gracia, G.R. No. that cannot be identified or confused with the unreasonable searches
102009-10) prohibited by the Constitution. The constitutional guarantee of privacy of
communication and correspondence will not be violated, because the trial
REQUIREMENT OF PROBABLE CAUSE court has power and jurisdiction to issue the order for the production and
inspection of the books and documents in question in virtue of the
Valid warrantless searches or seizures where probable cause is constitutional guarantee making an express exception in favor of the
necessary: disclosure of communication and correspondence upon lawful order of a
1. Search incident to arrest (for the arrest prior to search) court of justice. Hence, the court order of the production and inspection
2. Moving vehicle of documents was declared valid. (Material Distributors v. Natividad, G.R.
3. Evidence in plain view No. L-1716)
4. Enforcement of custom laws (custom searches)
5. Exigent circumstance Housing project. Unlike the search pursuant to a criminal investigation,
the inspection programs are aimed at securing citywide compliance with
minimum standards. The interest at stake is to prevent even the

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 ARTICLE III | SECTION 2

unintentional development of conditions which are hazardous to public meant for illegal firearms. It does not also fall under any of the
health and safety. In determining whether a particular inspection is exceptions of a warrantless search. It cannot be a search
reasonable, i.e. if there is probable cause to issue a warrant for that incidental to arrest because the arrest only came after the search.
inspection, the need for the inspection must be weighted in terms of Moreover, it is neither evidence in plain view because the officers
these reasonable goals of code enforcement. (Camara v. Municipal Court, had to make a more thorough search to verify the serial numbers.
387 U.S. 523) According to jurisprudence, the evidence must be immediately
● The warrant procedure is designed to guarantee that a decision apparent and that the police may not use the plain view doctrine
to search private property is justified by a reasonable to extend a general exploratory search from one object to another
governmental interest. But reasonableness is still the ultimate until something incriminating at last emerges. (People v. Leangsiri,
standard. If a valid public interest justifies the intrusion G.R. No. 12659)
contemplated, then there is probable cause to issue a suitably ● Second, the arrest was also unlawful since it does not fall under
restricted search warrant. the exceptions of warrantless arrests. It is not in flagrante delicto
● Thus, as a practical matter and in light of the Fourth nor a hot pursuit because no probable cause existed before
Amendment's requirement that a warrant specify the property to verifying the said serial numbers. Since the search triggered the
be searched, it seems likely that warrants should normally be arrest, and the search was invalid, there can be no probable
sought only after entry is refused unless there has been a citizen cause to begin with to effect a valid warrantless arrest. Had there
complaint or there is other satisfactory reason for securing been probable cause before the search of the devices, the
immediate entry. officers could have arrested the person. (Class Discussion)

Q&A. A search warrant on illegal firearms was obtained by police officers Q&A. What is the difference between a surveillance and a search?
against person A. The officers went to the residence of person A in the ● In surveillance, you do not need probable cause. When you are in
squatter’s area. Upon entry, they found out various TV sets, speakers, a public place, you do not have a reasonable expectation of
stereos, and other electronic gadgets. The police began to doubt person privacy. Since surveillance is not a search, you do not need
A because there is a widespread theft of these kinds of devices. So, the probable cause. It is different if you are at home; then it would be
searching officers looked at the serial numbers of the TV sets, etc. and an invasion of privacy. (Class Discussion)
called the police station to verify whether they will match those contained
in the records of the police. It was found that the serial numbers of the JURISPRUDENCE SHOWING
appliances matched the police records. Because of this, they arrested VALID WARRANTLESS SEARCHES
person A. Can he be arrested?
● No, he cannot be arrested. First, the search on the appliances, Moving vehicle. An undisclosed informant tipped customs officers of a
which triggered the arrest, was invalid because the search was specific vehicle possibly transporting highly dutiable goods from Manila to

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 ARTICLE III | SECTION 2

Angeles and a week after the officers, without a search warrant, on his waist. It was found to contain hashish. After stepping outside, the
conducted a search and seizure of the vehicle and obtained untaxed accused stopped to pick up two bags which were also found to contain
watches. The court held that it fell under the exception of a valid search prohibited drugs. The search was made as an incident to his arrest when
and seizure without a warrant of a moving vehicle. On the morning of the he was found in possession of illegal drugs. The arrest was made on
seizure, the informer went with the agents at the rendezvous point where probable cause that he was committing a crime. The warrantless search
at the appointed time he positively identified the approaching car as the of the bus was also a valid search of a moving vehicle. (People v.
one described by him to be the suspected carrier of the untaxed Malmstedt, cited in Bernas Primer, p. 55)
merchandise. This shows that the agents acted not on mere hearsay but
on confirmed information worthy of belief and probable cause, enough for Buri bag. The police spotted the accused carrying a bag and acting
them to adopt measures to freeze the fleeting event. (People v. CFI of suspiciously during their surveillance. When they introduced themselves,
Rizal, Br. IX, GR No. L-41686) Posadas attempted to flee but was apprehended. The police found
firearms inside his bag. The court ruled that not all searches and seizures
Drug case - Hong Kong. Drug operatives received information from an are prohibited. Those which are reasonable are not forbidden, such as
undercover agent about the certain date and time of the arrival of a drug checkpoints and “stop and search” which are allowed. (Posadas v. CA,
smuggler. Upon arrival at NAIA and after boarding a taxi, he was stopped G.R. No. 89139)
by the PC. Even if the knowledge of the time and date of the arrival of the
accused was clearly insufficient to enable them to fulfill the requirements Hit and run. Padilla was involved in a hit and run incident and was
for the issuance of a search warrant, the important thing is that there was immediately pursued by nearby police. After giving chase and forcing
probable cause for the search of the moving vehicle, based on the Padilla to stop, the police seized firearms from him: 2 tucked on his waist
positive identification by informers of couriers, to conduct the warrantless and pocket, 1 lying on the driver’s seat, and 1 voluntarily surrendered. The
search, which must still be present in such a case. (People v. Lo Ho Wing, officers stumbled upon Padilla’s firearms without even undertaking any
G.R. No. 88017) active search. Additionally, they inadvertently discovered the other
firearms tucked in his waistband and pocket when he raised his arms in
Bus to Sagada; bulge on foreigner. Accused, a foreigner, was a surrender. The court ruled that objects whose possession are prohibited
passenger on a bus from Sagada to Baguio which was stopped at a by law inadvertently found in plain view are subject to seizure even
checkpoint. The checkpoint was set up on the basis of reports that without a warrant. (Padilla v. CA, G.R. No. 121917)
vehicles from Sagada were being used to transport marijuana. Moreover,
information had been received that a Caucasian coming from Sagada had Shabu in the vehicle. Police received a tip that Asuncion would be in a
prohibited drugs in his possession. During the inspection, officers noticed grey car with drugs inside. They patrolled the area and found Asuncion
a bulge in the accused's waist. When the accused refused to comply with with drugs in his car. Although his car was searched without a warrant,
the request for identification papers, he was made to show what he had the Supreme Court upheld the validity on the ground that it was a search

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 ARTICLE III | SECTION 2

of a moving vehicle. A moving vehicle may be searched without a warrant The court validated the warrantless arrest and emphasized that a ‘stop
given that a warrant takes time to be procured and if they ought to secure and frisk’ was one of the exceptions under warrantless searches. What
one, the vehicle may be gone by the time they execute the warrant. should be present is a genuine reason to warrant the belief that the
(Asuncion v. CA, G.R. No. 125959) person who manifests suspicious conduct has a weapon or contraband
concealed. (People v. Esquillo, G.R. No. 182010)
Ilocano man with a green bag. The arrest of the accused and the
subsequent search and seizure of the marijuana by SP01 Mariano was Cybercrime. Petitioner sought to declare the Cybercrime Prevention Act
held valid on the basis of probable cause. Mariano had probable cause to of 2012 as unconstitutional. They claim that the means adopted by the
stop and search the buses coming from Banaue in view of the information Cybercrime Law for regulating undesirable cyberspace activities violate
he got from the “civilian asset” that somebody having the same certain constitutional rights, particularly Section 12 which permits the NBI
appearance as the accused and with a green bag would be transporting and PNP “with due cause” to engage in real time collection of traffic data
marijuana. (Nachura; People v. Valdez G.R. No. 127801) without the benefit of the intervention of a judge. The Court ruled that the
very public structure of the Internet and the nature of traffic data per se
Airport search. An airport x-ray machine emitted a long beeping sound, undermine any reasonable expectation of privacy in the latter. The
as a departing passenger entered through it. Airport security brought the Internet is custom-designed to frustrate claims of reasonable expectation
passenger to the bathroom where they made an extensive search and of privacy in traffic data per se, since the latter are necessarily disclosed
found drugs hidden in her body. The search was questioned on the to the public in the process of communication. (Disini v. Sec. of Justice,
ground that it was invalid for lacking a valid warrant. However, the Court G.R. No. 203335)
upheld the validity holding that airport searches are an exception to the ● The absolute lack of standards in the collection and recording of
requirement of a valid search warrant pursuant to RA 6235 which states traffic data negates the safeguards which obligates internet
that every ticketed passenger is subject to the search, seizure of all service providers to collect and store traffic data for six months,
prohibited materials and substances. (People v. Canton, G.R. No. 148825) which data law enforcement agents can only access based on a
judicial order. This recognition that traffic data once collected in
Sachet with white substance. On the basis of an informant’s tip, two depth and for a considerable period of time, would produce
police officers conducted surveillance activities of an alleged notorious information that is private.
snatcher. During said surveillance, officers chanced upon the accused,put ● But because there is an absolute lack of standards in the
a plastic sachet, containing a white substance, inside a cigarette box. collection and recording of traffic data which does not specify the
Accused acted strangely as the officers began to approach her. Officers length and extent of the real-time collection, monitoring and
introduced themselves and inquired about the transparent plastic sachet. storage of traffic data, it in effect skirts the judicial warrant
Accused, instead of replying, attempted to flee. However, she was timely requirement before any data may be viewed.
restrained and the contents of the white plastic turned out to be ‘shabu’.

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 ARTICLE III | SECTION 2

Search in ports. Petitioner's bag underwent the port’s routine security for reasons of practicality, a search warrant can be dispensed
x-ray machine and the machine operator saw what looked like firearms with.
inside the bag. The accused was asked and consented to open his bag
where firearms were found. Accused was then arrested for illegal Search incidental to a lawful arrest limited to his person and in his
possession of firearms. Seaport searches were declared as reasonable immediate area of control. Police operatives went to Zamora and
searches on the ground that the safety of the traveling public overrides a Pandacan Streets, Manila to confirm reports of drug pushing in the area.
person's right to privacy. When the results of the x-ray scan revealed the They saw E selling "something" to another person. After the latter had
existence of firearms in the bag, the port authorities had probable cause left, they approached E, introduced themselves as policemen, and frisked
to conduct a search of the petitioner bag. (Dela Cruz v. People, G.R. No. him. The search yielded 2 plastic cellophane tea bags of marijuana. When
209387) asked if he had more, E replied that there were more in his house. The
policemen went to his house where they found 10 more cellophane tea
Distinction between “reasonable search” and “warrantless search.” bags of marijuana. E charged with and convicted of possession of
Police officers boarded a bus to conduct a random inspection and saw a prohibited drugs. E assails the admissibility in evidence of the seized tea
small bag too heavy for its size. The officer’s then saw the petitioner bags. The articles seized from [E] during his arrest were valid under the
looking towards the small bag’s direction and when the officer asked the doctrine of search made incidental to a lawful arrest. The warrantless
conductor whose bag it was, the conductor said it was owned by the search made in his house, however, which yielded ten cellophane bags of
petitioner. The officer asked the petitioner to open the bag, and the marijuana became unlawful since the police officers were not armed with
petitioner consented. Firearms, that lacked legal papers, were found in a search warrant at the time. Moreover, it was beyond the reach and
the bag. The court held that the bus inspection conducted at a military control of [E]." (Espano v. Court of Appeals, cited in Bernas Primer p. 53)
checkpoint constitutes a reasonable search. A common carrier, such as a
bus, is a form of public transportation where passengers have a reduced Fishing vessel. A fishing vessel found to be violating fishery laws can be
expectation of privacy. The officer merely lifted the bag and this visual seized without warrant because they are usually equipped with powerful
and minimal search was less than standard x-ray searches. This motors that enable them to elude pursuit, and since the seizure would be
reasonableness of bus search precludes the necessity of a warrant. incidental to the lawful arrest of the crew. (Roldan Jr. v. Arca, cited in
(Saluday v. People, G.R. No. 215305) Bernas Primer p. 54)
● Reasonable searches and warrantless searches are mutually
exclusive. Both intrusions are valid even without a warrant. The Inside fish specimen. Convicted by the RTC of illegal fishing, petitioners
reasons for the absence of a warrant are different. Reasonable contend that the NBI finding of sodium cyanide in the fish specimens
Search arises from a reduced expectation of privacy, for which should not have been admitted because the fish samples were seized
Sec. 2 Art. 3 of the Constitution does not apply. While, from their fishing vessel without a search warrant. This is a case of search
warrantless search is presumably an ‘Unreasonable Search’ but

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 ARTICLE III | SECTION 2

of moving vehicle. (Hizon v. Court of Appeals, cited in Bernas Primer p. JURISPRUDENCE SHOWING INVALID WARRANTLESS
54) SEARCHES

Consent by “mere manicurist.” Upon a warrantless search of a hotel Anonymous caller. An anonymous caller tipped off police officers that a
room, consent was given and voluntary surrender of papers belonging to man and a woman were repacking prohibited drugs at a certain house.
the registered but absent occupant was given by a woman identified as The officers immediately proceeded to the house. When they reached the
the wife of the occupant but who in fact was a "mere manicurist." It was house they "peeped (inside) through a small window and saw one man
ruled that such consent was sufficient to justify a warrantless search. The and a woman repacking suspected marijuana." They entered the house
officers of the law cannot be blamed if they would act on the and confiscated the tea bags and some drug paraphernalia. A
appearances. There was a person inside who from all indications was subsequent examination of the tea bags by NBI confirmed the suspicion
ready to accede to their request. Even ordinary courtesy would preclude that the tea bags contained marijuana. The search and seizure was
them from inquiring too closely as to why she was there. (Lopez v. invalid. The State cannot in a cavalier fashion intrude into the persons of
Commissioner of Customs, cited in Bernas Primer p. 55) its citizens as well as into their houses, papers and effects. The
constitutional provision protects the privacy and sanctity of the person
Marijuana sticks fell. Where marijuana sticks fall before the eyes of a himself against unlawful arrests and other forms of restraint, and prevents
police officer from an object a person is carrying, seizure of the sticks him from being irreversibly "cut off from that domestic security which
would not require a warrant. They are evidence "in plain view." (People v. renders the lives of the most unhappy in some measure agreeable."
Tabar, cited in Bernas Primer p. 55). Where, however, police officers find (People v. Bolasa, cited in Bernas Primer, p. 44)
an object only after making some search, the “plain view” rule cannot be
applied. (Roan v. Gonzales, G.R. No. 71410) Waiver under undue influence. A waiver executed with the presence
and pressure from the military and the presumptive authority of an invalid
Coup d’etat. There were intelligence reports that the building was being warrant, is not a valid waiver. Thus, even if the seized gun and
used as headquarters by the Reform the Armed Forces Movement (RAM) ammunition are items considered to be malum prohibitum, they still
during the 1989 coup d'etat. Surveillance indicated rebel activities in the cannot be summarily seized in the absence of a valid search warrant or
building. Nearby courts were closed and general chaos and disorder waiver of such. (Roan v. Gonzales)
prevailed. Under the situation then prevailing, the military operatives had
reasonable ground to believe that a crime was being committed and they Boy scout; enough time to apply for the warrant. Officers, upon the
had no opportunity to apply for and secure a search warrant from the complaint of a private party made days before the actual search, raided
courts. (People v. de Gracia, G.R. No. 102009-10) and seized the boy scout paraphernalia of a store for allegedly being
illegal. The court held that it did not fall under the exception of a valid
search incidental to an arrest because (1) the officers had ample time to

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 ARTICLE III | SECTION 2

apply for a warrant and (2) there was no showing that the arrest was contents of his jacket as he may have a weapon. It turned out that the
made with probable cause, there being no valid arrest, there could also accused had shabu. The court ruled that this was an invalid warrantless
be no valid search incidental to an arrest. (MHP Garments v. CA, G.R. search. The accused was flagged down for violation of traffic rules which
No. 86720) did not lead to his arrest. There being no valid arrest, the warrantless
search that resulted from it was likewise illegal. Moreover, the evidence
Walking from the bus stop. The military received a tip that the accused seized was not in plain view, as it was concealed inside a metal container
would arrive in the town on board a public bus carrying a bag containing inside the accused’s pocket. It is also not a valid “stop and frisk” because
marijuana. Right when she got down from the bus stop, the military while the officer’s concern for his safety may justify the minimal additional
arrested her and pressed charges against her because they found drugs intrusion of ordering a driver and passengers out of the car, it does not by
in her bag. The Supreme Court held that there was an invalid warrantless itself justify the considerably greater intrusion attending a full fieldtype
search since disembarking from a bus is not a crime at all. (People v. search. (Luz v. People, G.R. No. 197788)
Aruta, G.R. No. 120915)
Fast moving eyes. The police received information of a possible
Gun ban; checkpoint. At a checkpoint, the police searched the bombing by a Muslim group. During their patrol, they apprehended
accused’s car and found the firearms neatly packed in their gun cases Malacat (who was part of a group of Muslim men) because he was acting
and placed in a bag in the trunk of the car (not in plain sight). A suspiciously due to his fast-moving eyes.. Upon searching him, they
warrantless search is not violative of the Constitution for as long as there found a grenade. The court ruled that mere suspicion or hunch (in the
is probable cause and the inspection is merely limited to a visual search case, fast moving eyes) will not validate a “stop and frisk”. There was also
of the occupant and the vehicle. Here however, the warrantless search no ground to believe that the petitioner was armed with a deadly weapon.
was unjustified because the guns were not tucked in the accused’s waist A genuine reason must exist in light of the police officer’s experience and
nor placed within his reach, but placed in a bag at the back of his car. surrounding conditions, to warrant belief that the person detained has
There was also no mention either of any report regarding any nervous, weapons concealed. (Malacat v. CA, G.R. No. 123595)
suspicious or unnatural reaction from Arellano when the car was stopped
and searched. (Aniag v. COMELEC, G.R. No. 104961) Arrested based on a tip obtained two days before arrest. On the basis
of a tip, the accused was arrested and searched upon disembarking from
Motorist flagged down for traffic violation. Officers saw the accused M/V Wilcon in Iloilo City. The detention and search yielded marijuana. The
driving a motorcycle without a helmet, which prompted them to flag down search and seizure were invalid because the officers had all the time to
the accused for violation of a municipal ordinance requiring motorcycle obtain a warrant. The officers were not armed with a warrant although the
drivers to wear helmets. Accused was asked to go down. While the officer officers had at least two days to obtain a warrant. (People v. Amminudin,
was issuing a ticket, the officer noticed that the accused looked uneasy G.R.No. 74869)
and kept on getting something in his pocket. Officer asked to remove the

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 ARTICLE III | SECTION 2

WARRANT OF ARREST ● Probable cause in preliminary investigation (prosecutor). The

existence of facts and circumstances as would excite the belief in
General rule. For an arrest to be reasonable and valid, it must be a reasonable mind, acting on the facts within the knowledge of
conducted pursuant to a validly issued warrant of arrest. the prosecutor, that the person charged was guilty of the crime
for which he was prosecuted. (Pestillos v. Generoso)
Definition of arrest. Arrest is the taking of a person into custody in order
that he may be bound to answer for the commission of an offense. (Sec. Judicial determination. Before issuing a warrant of arrest, the judge
1, Rule 113, Revised Rules of Criminal Procedure) must be satisfied that based on the evidence submitted, there is sufficient
proof that a crime has been committed and that the person to be arrested
How an arrest is made. An arrest is made by an actual restraint of a is probably guilty thereof. (Id.)
person to be arrested, or by his submission to the custody of the person ● At this stage of the criminal proceeding, the judge is not yet
making the arrest. No violence or unnecessary force shall be used in tasked to review in detail the evidence submitted during the
making an arrest. The person arrested shall not be subject to a greater preliminary investigation. It is sufficient that he personally
restraint than is necessary for his detention. (Sec. 2. Rule 113, Revised evaluates the evidence in determining probable cause to issue a
Rules of Criminal Procedure) warrant of arrest. (Id.)
● Probable cause in judicial proceeding for issuance of warrant
When a warrant of arrest is issued. If the judge is satisfied from the of arrest (judge). Such facts and circumstances which would
preliminary examination conducted by him or by the investigating officer lead a reasonably discreet and prudent man to believe that an
that the offense complained of has been committed and that there is offense has been committed by the person sought to be arrested.
reasonable ground to believe that the accused has committed it, he must (Bernas Primer, p. 41)
issue a warrant or order for his arrest. (Sec. 6, Rule 112, Revised Rules of
Criminal Procedure) Judge not personally required to examine the complainant and
witnesses; only necessary for probable cause. What the Constitution
Preliminary investigation. The purpose of a preliminary investigation is underscores is the exclusive and personal responsibility of the issuing
to determine whether a crime has been committed and whether there is judge to satisfy himself the existence of probable cause. In satisfying
probable cause to believe that the accused is guilty of the crime and himself of the existence of probable cause for the issuance of a warrant of
should be held for trial. (Pestillos v. Generoso, G.R. No. 182601) arrest, the judge is not required to personally examine the complainant
● Probable cause here is determined by the prosecution. Its and his witnesses. (Soliven v. Makasiar, G.R. No. 8287)
correctness is a matter that the trial court itself does not and may ● Sound policy dictates this procedure, otherwise judges would be
not be compelled to pass upon. (People v. Court of Appeals, G.R. unduly laden with the preliminary examination and investigation of
No. 126005)

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 ARTICLE III | SECTION 2

criminal complaints instead of concentrating on hearing and 1. When, in his presence, the person to be arrested has committed,
deciding cases filed before their courts. (Id.) is actually committing, or is attempting to commit an offense;
● The reason for this is in the issuance of a warrant of arrest, there 2. When an offense has just been committed and he has probable
is a criminal information already filed in court, which means there cause to believe based on personal knowledge of facts or
has already been a prior examination of the witnesses by the circumstances that the person to be arrested has committed it;
prosecution (Class Discussion) 3. When the person to be arrested is a prisoner who has escaped
from a penal establishment or place where he is serving final
Judge’s reliance on fiscal’s certification. A judge may rely upon the judgment or is temporarily confined while his case is pending, or
fiscal's certification of the existence of probable cause and, on the basis has escaped while being transferred from one confinement to
thereof, issue a warrant of arrest. However, the certification does not bind another. (Sec. 5, Rule 113, Revised Rules of Criminal Procedure).
the judge to come out with the warrant of arrest. To be sure, the Judge
must go beyond the Prosecutor’s certification and investigation report Crime must have actually been committed. In warrantless arrests, it is
whenever necessary. He should call for the complainant and witnesses not enough that there is reasonable ground to believe that the person to
themselves to answer the court’s probing questions when the be arrested has committed a crime. A crime must in fact or actually have
circumstances of the case so require. (Lim Sr. v. Felix G.R. Nos. been committed first. (People v. Burgos, G.R. No. L-68955)
94054-57)
Rationale. For, one of the duties of law enforcers is to arrest lawbreakers
Following established doctrine and procedure, the judge shall: in order to place them in the hands of executive and judicial authorities
1. Personally evaluate the report and the supporting documents upon whom devolves the duty to investigate the acts constituting the
submitted by the fiscal regarding the existence of probable cause alleged violation of law and to prosecute and secure the punishment
and, on the basis thereof, issue a warrant of arrest; or thereof. An arrest is therefore in the nature of an administrative measure.
2. If on the basis thereof he finds no probable cause, he may The power to arrest without warrant is without limitation as long as the
disregard the fiscal's report and require the submission of requirements of Section 5, Rule 113 are met. This rule is founded on an
supporting affidavits of witnesses to aid him in arriving at a overwhelming public interest in peace and order in our communities.
conclusion as to the existence of probable cause. (Borlongan, Jr (Umil v. Ramos, G.R. No. 81567)
v. Pena, G.R. No. 143591)
Entrapment schemes. It is recognized that in every arrest, there is a
WARRANTLESS ARRESTS certain amount of entrapment used to outwit the persons violating or
about to violate the law. Not every deception is forbidden. The type of
Exception: A peace officer or a private person may, without a warrant, entrapment the law forbids is the inducing of another to violate the law,
arrest a person:

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 ARTICLE III | SECTION 2

the 'seduction' of an otherwise innocent person into a criminal career. of society and its government and duly constituted authorities. (Umil v.
(People v. Doria, cited in Bernas Primer, p. 57) Ramos, G.R. No. 81567)
● Where the criminal intent originates in the mind of the entrapping Challenging the validity of an arrest. Any objection involving a warrant
person and the accused is lured into the commission of the of arrest or procedure in the acquisition by the court of jurisdiction over
offense charged in order to prosecute him, there is entrapment the person of the accused must be made before he enters his plea,
and no conviction may be had. otherwise the objection is deemed waived. (People v. Cabiles, cited in
● Where, however, the criminal intent originates in the mind of the Bernas Primer, p. 58)
accused and the criminal offense is completed, the fact that a ● The accused must move for the quashing of the information
person acting as a decoy for the State, or public officials against him before arraignment. Otherwise, he is estopped from
furnished the accused an opportunity for commission of the questioning the validity of the arrest. (People v. Hernandez, cited
offense, or that the accused is aided in the commission of the in Bernas Primer, p. 58)
crime in order to secure the evidence necessary to prosecute ● Bail not a waiver. An application for bail or the admission to bail
him, there is no entrapment and the accused must be convicted. by an accused is not considered a waiver of his right to assail the
The law tolerates the use of decoys and other artifices to catch a warrant issued for his arrest or the legalities or irregularities
criminal. thereof. (Sec. 26, Rule 114, Revised Rules of Criminal
Procedures)
Deportation proceedings following arrest. Deportation proceedings are
administrative in character, summary in nature, and need not be 1. IN FLAGRANTE DELICTO
conducted strictly in accordance with the ordinary court proceedings. The
requirement of probable cause, to be determined by a Judge, does not In flagrante delicto. An arrest without warrant is lawful when, in his
extend to deportation proceedings. What is essential is that there should presence, the person to be arrested has committed, is actually
be a specific charge against the alien intended to be arrested and committing, or attempting to commit an offense (Sec. 5(a), Rule 113,
deported, that a fair hearing be conducted, and that the charge be Revised Rules of Criminal Procedure).
substantiated by competent evidence. (Harvey v. Defensor-Santiago, G.R.
No. 82544) Requisites for an arrest in flagrante delicto
1. The person to be arrested must execute an overt act indicating
Continuing crimes. In continuing crimes, the arrest does not need to that he:
follow the usual procedure in the prosecution of offenses which requires ○ Has just committed;
the determination by a judge of the existence of a probable cause before ○ Is actually committing; or
the issuance of a judicial warrant of arrest. The arrest or capture is ○ Is attempting to commit an offense;
impelled by the exigencies of the situation that involves the very survival

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 ARTICLE III | SECTION 2

2. Such overt act is done in the presence or within the view of the Probable cause for arresting officer. May rely on all the information in
arresting officer. (Sec. 5(a), Rule 113, Revised Rules of Criminal his possession, his fair inferences therefrom, including his observations.
Procedure) Mere suspicion does not meet the requirements of showing probable
cause to arrest without warrant especially if it is a mere general suspicion.
The law tilts in favor of authority. For the arrest of one in flagrante Probable cause may rest on reasonably trustworthy information as well as
delicto to be valid under Rule 112, Section 5(a), the law tilts in favor of personal knowledge. Thus, the arresting officer may rely on information
authority. Thus, speech which in an officer's estimation is criminally supplied by a witness or a victim of a crime; and under the
seditious can justify warrantless arrest in flagrante delicto even if upon circumstances, the arresting officer need not verify such information.
prosecution the officer is proved wrong. The criminal character of speech (Pestillos v. Generoso, G.R. No. 182601)
is something that is not easily determined and must await court
estimation. (Espiritu v. Lim, cited in Bernas Primer, p. 58) Requisites of arrests made in hot pursuit.
1. Offense has in fact just been committed. (Pestillos v. Generoso)
Q&A. Assuming Mayor Vico continued to let tricycles operate, can he be ○ A crime must in fact or actually have been committed
arrested without a warrant on the theory of continuing crime? first. That a crime has actually been committed is an
● He may be arrested, provided that the law imposes imprisonment essential precondition. It is not enough to suspect that a
as a penalty at the time. crime may have been committed. The fact of the
commission of the offense must be undisputed. The test
Q&A. Koko Pimentel, inflicted with COVID-19, traipsed around Makati of reasonable ground applies only to the identity of the
Medical Center. Can he be arrested without a warrant in violation of perpetrator. (People v. Burgos, G.R. No. L-68955)
Bayanihan Act? ○ The obligation of an agent of authority to make an arrest
● Yes. If it was already known by the arresting officers that Pimentel by reason of a crime, does not presuppose as a
was infected with COVID-19 and he subsequently goes around necessary requisite for the fulfillment thereof, the
Makati Medical Center, Pimentel can be validly arrested without a indubitable existence of a crime. For the detention to be
warrant since the crime was in flagrante delicto. perfectly legal, it is sufficient that the agent or person in
authority making the arrest has reasonably sufficient
2. HOT PURSUIT ARREST grounds to believe the existence of an act having the
characteristics of a crime and that the same grounds
Hot pursuit arrest. An arrest without warrant is lawful when an offense exist to believe that the person sought to be detained
has in fact been committed, and he has personal knowledge of facts participated therein. (Umil v. Ramos, G.R. No. 81567)
indicating that the person to be arrested has committed it. (Sec. 5(b), Rule 2. That the arresting peace officer or private person has
113, Revised Rules of Criminal Procedure). personal knowledge of facts indicating that the person to be

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 ARTICLE III | SECTION 2

arrested is the one who committed the offense. (Pestillos v.

Generoso, G.R. No. 182601) Q&A. There is a murder of a bargirl inside a bar. The customers told the
○ Personal knowledge of facts. The essential element of police about the said incident. Then, the police arrested the person
"personal knowledge of facts or circumstances" is the identified by the witnesses. Valid warrantless arrest under the second
immediacy within which these facts or circumstances exception?
should be gathered. This required time element acts as a ● Yes, all requisites under hot pursuit arrest are present. (Class
safeguard to ensure that the police officers have gathered Discussion)
the facts or perceived the circumstances within a very 3. ESCAPEE
limited time frame. (Id.)
○ Actual presence at the crime scene not required. Escapee. An arrest without warrant is lawful when the person to be
Personal knowledge of a crime just committed does not arrested is a prisoner who has escaped from a penal establishment or
require actual presence at the scene while a crime was place where he is serving final judgment or temporarily confined while his
being committed; it is enough that evidence of the recent case is pending, or has escaped while being transferred from one
commission of the crime is patent and the police officer confinement to another. (Sec. 5(c), Rule 113, Revised Rules of Criminal
has probable cause to believe based on personal Procedure)
knowledge of facts or circumstances, that the person to
be arrested has recently committed the crime. (People v. JURISPRUDENCE FOR VALID WARRANTLESS ARRESTS
Jayson, G.R. No. 120330)
○ Reasonable grounds of suspicion and good faith. The Hit and run. After the policemen had stationed themselves at possible
grounds of suspicion are reasonable when, in the exits, they saw the fast approaching vehicle, its plate number, and the
absence of actual belief of the arresting officers, the dented hood and railings thereof. These formed part of the arresting
suspicion that the person to be arrested is probably guilty officers’ personal knowledge of the fact that Padilla’s vehicle was the one
of committing the offense, is based on actual facts involved in the incident. Thus, the Court held that there was a valid arrest,
supported by circumstances sufficiently strong in as there was neither a supervening event nor a considerable lapse of time
themselves to create the probable cause of guilt of the between the hit-and-run and the apprehension. (Nachura; Padilla v. CA,
person to be arrested and coupled with good faith. G.R. No. 121917)
(Pestillos v. Generoso)
Pedophilia. American petitioners questioned the validity of their
The arresting officer must not be in the crime scene at the time of its warrantless arrest by the Commission of Immigration and Deportation
occurrence. Otherwise, it would fall under the first exception of in (CID) after a 3-week close surveillance that concluded petitioners were
flagrante delicto. (Class Discussion) committing pedophilia. The arrest led to a recommendation for

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 ARTICLE III | SECTION 2

deportation. Presuming that the arrest was not valid, deportation charges Continuing Offense. Petitioners were all arrested without a warrant and
were already filed against them three days before the Warrants of Arrest were later on were filed separate informations as a violation of the
were issued. The restraint therefore, has become legal, and the Writ has Anti-Subversion Law. Court ruled that subversion, as well as rebellion,
served its purpose.The fact that they were not caught in the act does not conspiracy or proposal to commit such crimes, and crimes or offenses
make the arrest illegal, as they were found with young boys in their room. committed in furtherance thereof or in connection therewith constitute
Under these circumstances, CID agents had reasonable grounds to direct assaults against the State, are in the nature of continuing crimes.
believe that Petitioners committed pedophilia. Furthermore, the Arrests in relation to continuing crimes, even without warrant, are
requirement of probable cause does not extend to deportation allowable as an exception. (Umil v. Ramos, G.R. No. 81567)
proceedings. (Harvey v. Defensor-Santiago, G.R. No. 82544)
Immediacy. Police arrived at the scene of the crime one hour after the
Drug user with red eyes; swaying side to side. While conducting altercation between the petitioners and respondents. The court held that
surveillance, the policemen saw that Manalili had red eyes and was the facts and circumstances gathered and observed by the police officers
wobbling like a drunk man along Kalookan City Cemetery, which at the scene of the crime, such as that the accused was positively
according to the police information was a popular hangout of drug identified and that both parties live in the same neighborhood sufficed as
addicts. He was frisked and was found to be in the possession of personal knowledge to prompt them to make a valid warrantless arrest.
marijuana residue. A valid stop-and-frisk can be conducted when the (Pestillos v. Generoso, G.R. No. 182601)
police officer has probable cause to believe that a crime is being
committed from his experience as a police officer. In this case, the police Pointed by eyewitness as gunman. While patrolling in their car,
were specially trained to identify drug suspects and petitioner’s policemen received a radio message from their camp directing them to
suspicious behavior was characteristic of drug addicts who were high, proceed to an "ihaw-ihaw" where there had been a shooting. They went
thus there was probable cause to affect an arrest. Moreover, Manalili to the place and there saw the victim. Bystanders pointed to the accused
effectively waived the inadmissibility of any evidence illegally obtained as the assailant. The accused by then was fleeing but had not gone very
when he failed to raise the issue or to object thereto during the trial. far from the place. The police officers arrested the accused and seized
(Manalili v. CA, G.R. No. 113447) the gun from him. It was a valid warrantless arrest under Rule 113, Sec.
● Compared to Mengote. In Mengote, the accused simply swayed 5(b): an offense has in fact just been committed, and the officers had
from side to side while holding his abdomen, which are not overt personal knowledge of the facts indicating that the accused has
acts of crime. Meanwhile, the behavior of Manalili constitutes an committed it. It was also a valid warrantless search under Rule 126, Sec.
overt act of a crime being committed. This justifies the probable 12: search incidental to a lawful arrest. (People v. Jayson, G.R. No.
cause needed for a warrantless search. (Class Discussion) 120330)

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 ARTICLE III | SECTION 2

Buy-bust operations as entrapment. Appellant assails as arrest of the petitioner, while merely disembarking from the ship, was not
unconstitutional the manner in which the so-called buy-bust operation is a crime and did not fall with the exception of a valid warrantless arrest.
conducted in order to enforce the Dangerous Drugs Act. He stigmatizes it (People v. Aminnudin, G.R. No. 74869)
as no different from seizure of evidence from one's person or abode
without a search warrant. A buy-bust operation is a form of entrapment. Seditious materials; arrested while plowing. Petitioner was arrested,
The method is for an officer to pose as a buyer. He, however, neither while plowing his field without a warrant, based on a confession by a
instigates nor induces the accused to commit a crime because in these certain “reliable” source Masamlok who alleged petitioner to be involved
cases the "seller" has already decided to commit a crime. And since the in certain subversive activities. Upon arrest, the police officers searched
offense happens right before the eyes of the officer, there is no need for a the surroundings and were able to find a firearm and seditious materials.
warrant either for the seizure of the goods or for the apprehension of the Petitioner contested the validity of his warrantless arrest. The court
offender. (People v. de la Cruz, cited in Bernas Primer, p. 57) invalidated the arrest since the petitioner was not committing any crime
during said arrest, further, the arrest does not fall within the exceptions to
Raid at a conference. Armed with a search warrant elements of PC/INP a valid warrantless arrest as officers did not have personal knowledge of a
conducted a raid at a residence where they found several people in crime that had just been committed. (People v. Burgos, G.R. No. L-68955)
conference who scampered in different directions leaving behind
subversive materials of various kinds, a .38 caliber revolver, assorted Arrested without warrant six days after commission. Petitioner and
ammunition, money, medicine, and printing paraphernalia. The persons Maguan’s car hit each other on a one-way street. Afterwards, petitioner
there and then were arrested. The arrest was legal. This is arrest of went down from his car and shot Maguan, then left immediately. An
persons actually committing a crime justified, even without warrant, under eyewitness was able to take down the license plate of the alleged suspect
Rule 113, Section 6(a). (Garcia-Padilla v. Enrile, cited in Bernas Primer, p. and a manhunt was launched. 6 days after, petitioner went to the police
58) station to verify the manhunt being conducted upon him and was
immediately detained there. Petitioner challenged the validity of his arrest.
JURISPRUDENCE FOR INVALID WARRANTLESS ARRESTS The court invalidated the arrest as the arrest took days 6 days after the
crime and the police officers had no personal knowledge that the crime
Disembarking from ship. Petitioner was arrested by PC Officers, acting was committed by the petitioner. A person can be only arrested without a
on a tip received two days before, shortly after disembarking from a ship. warrant if an offense has in fact just been committed, and the arresting
The officers inspected his bag and seized suspected marijuana leaves for officer has personal knowledge of the facts indicating that the person to
confiscation and examination. Petitioner questioned the validity of the be arrested has committed it. (Go v. CA, G.R. No. 101837)
warrantless arrest conducted upon him based on the tip. Court
invalidated the warrantless finding that the officers had two days to obtain Looking side to side. Police saw two men “looking from side to side”,
a warrant of arrest, based on the tip received. Failing to do this, the said one of them holding his abdomen. When approached, the two men ran

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 ARTICLE III | SECTION 2

away but were caught. When searched, they yielded a .38 caliber Smith DISTINCTIONS BETWEEN SEARCHES AND ARRESTS
and Wesson revolver with six live bullets in the chamber. The weapons
were taken, given to the police who used it as evidence in a prosecution
for possession of an unlicensed firearm. The Court ruled the evidence Searches Arrests
inadmissible saying that no offense was involved in "looking from side to
Requisites for a warrant
side" and holding the abdomen. (People v. Mengote, G.R. No. 87059)
● Is this not a stop and frisk situation? (Bernas Primer, p. 57) A search warrant shall not issue If the judge be satisfied from the
except upon probable cause in preliminary examination
Patrol, improper and unpleasant movements. While on patrol, police connection with one specific conducted by him or by the
noticed men standing and showing ‘improper and unpleasant offense to be determined investigating officer that the
movements’, as if handing plastic sachets to the other. The police officers personally by the judge after offense complained of has been
arrested them and confiscated sachets of alleged shabu. The court ruled examination under oath or committed and that there is
that there was no valid warrantless arrest because merely standing affirmation of the complainant and reasonable ground to believe that
around and handing over something are not criminal acts, further, they the witnesses he may produce, the accused has committed it, he
questioned the personal knowledge of the arresting officers as they were and particularly describing the must issue a warrant or order for
patrolling at 30 km/hr and were 10 meters away from the accused. place to be searched and the his arrest
(Commerciante v. People, G.R. No. 205926) things to be seized which may be
anywhere in the Philippines.
Intent to arrest. Petitioner was seen jaywalking by police officers. They
accosted him and told him to cross at the pedestrian crossing. Petitioner Determining probable cause
then dropped something, prompting the police to search him and
It must be established that the There must be probable cause
thereafter recovered a knife. The police conducted a search again and
items sought are seizable because that a crime has been committed
found a sachet of shabu. The arrest was invalid because the petitioner
they are connected to a criminal and that the person to be arrested
was arrested without committing a crime. When he was caught
activity and that these items will committed it regardless if
jaywalking, he was only accosted and told to use the pedestrian lane.
be found in the place to be evidence of the commission of the
There was no intent to arrest on the part of the police. Therefore, the
searched. crime will be found in that
subsequent search was also unlawful. (Ongcoma Hadji v. People, G.R.
person’s control
No. 182534)

Examination by judge

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 ARTICLE III | SECTION 2

The judge must, before issuing the The judge is NOT required to are within the personal knowledge
warrant, “personally examine” in personally examine the of the petitioner or his witnesses.
the form of searching questions complainant and his witnesses or No need for an information
and answers, in writing and under to await the submission of counter
oath, the complainant and the affidavits from an accused. Remedy of the accused
witnesses.
Post bail Motion to quash
Following established doctrine
and procedure, the judge shall:
(1) personally evaluate the report
and the supporting documents
submitted by the prosecutor
regarding the existence of
probable cause, and on the basis
thereof, he may already make a
personal determination of the
existence of probable cause; and

(2) if he is not satisfied that

probable cause exists, he may
disregard the prosecutor's report
and require the submission of
supporting affidavits of witnesses
to aid him in arriving at a
conclusion as to the existence of
probable cause

Manner of issuance

Based upon application Presupposes the filing of an

supported by oath, which must information by the fiscal.
refer to the truth of the facts that

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 ARTICLE III | SECTION 3

Wiretap. R.A. No. 4200 prohibits and penalizes wiretapping and other
violations of privacy. The law states that it shall be unlawful for any
Section 3.
person, not being authorized by all the parties to any private
1. The privacy of communication and correspondence shall be
communication, to tap any wire or cable in order to secretly overhear
inviolable except upon lawful order of the court, or when public
such communication; and that any information obtained by any person in
safety or order requires otherwise as prescribed by law.
violation of this Act shall not be admissible in evidence. (Salcedo-Ortanez
2. Any evidence obtained in violation of this or the preceding
v. CA, G.R. No. 110662)
section shall be inadmissible for any purpose in any
proceeding.
Wiretapping is allowed when it involves the following crimes:
● Treason;
Privacy of communication and correspondence talks about the ● Espionage;
importance of knowing: ● Provoking war and disloyalty in case of war;
1. the type of communication and correspondence the constitution ● Piracy;
protects; and ● Mutiny in the high seas;
2. the conditions for allowable intrusion into the privacy of such. ● Rebellion;
(Bernas Green Book, p. 217) ● Conspiracy and proposal to commit rebellion;
● Inciting to rebellion;
Forms of correspondence and communications covered. Letters, ● Sedition;
messages, telephone calls, telegrams, and the like are covered by Article ● Conspiracy to commit sedition;
III, Section 3. (Bernas Primer, p.59) ● Inciting to sedition;
● Kidnapping as defined by the Revised Penal Code; and
Public order and safety. The security of human lives, liberty and property ● Violations of Commonwealth Act No. 616, punishing espionage
against the activities of invaders, insurrectionists, and rebels. (Bernas and other offenses against national security. (Id.)
Primer, p. 60)
Non-trespassory wiretaps. Wiretapping, with or without trespass, is also
Exclusionary rule. The second paragraph of Section III provides for the under the protection of the constitutional provision. The provision now
exclusionary rule which bars the admission of illegally obtained evidence offers protection over letters, messages, telephone calls, telegrams, and
from any type of proceeding. Evidence obtained in violation of Article III, the like. (Katz v. United States, 389 U.S. 347)
Section 3 is also known as fruit of the forbidden tree. (Class Discussion) ● The “tangibles only” rule, which only prohibited wiretapping in
houses, persons, papers, and effects provided in Olmstead v.

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 ARTICLE III | SECTION 3

United States was overturned by the Katz v. United Case. (Bernas Intrusion without judicial order. Intrusion made without judicial order
Primer, p. 60) should be based upon a non-judicial government official’s assessment
that public safety and order demand such intrusion. An example of a
Requisites for allowable intrusion. The State can intrude upon privacy non-judicial government official is the President, an executive officer. (Id.)
of such types of communication and correspondence when:
1. There is a lawful order of the court; or Husband and wife privacy. The privacy between husband and wife is not
2. When public safety or order requires otherwise as prescribed by an exception to the constitutional injunction declaring the privacy of
law. (Bernas Green Book, p. 217) communication to be inviolable. The only exception to this prohibition is if
there is a lawful order of the court, or when public safety or order requires
Intrusion with judicial order. Probable cause provided in Article III, otherwise as prescribed by law. Any violation renders the evidence
Section 2 is required in order for the court to allow intrusion by the State. obtained inadmissible for any purpose in any proceeding. A person, by
● When the correspondence is written, it is required that it be contracting marriage, does not shed his/her integrity or his right to privacy
particularly described. However, in the case of wiretapped as an individual and the constitutional protection is ever available to him
correspondence, R.A. No. 4200 (Anti-Wiretapping Law) provides or her. (Zulueta v. CA, G.R. No. 107383)
guidelines on how such correspondence can be obtained as ● This case, however, was peculiar because it applied the Bill of
evidence. Rights, which can normally be invoked against government
● As it would be impossible to describe the contents of a agents only. Here, the husband and wife were merely private
communication that has not yet been made, Section 3 of R.A. No. individuals. (Class Discussion)
4200 requires the following specified in the order:
1. The identity of the person or persons whose Search by a private person. The constitutional proscription against
communications, conversations, discussions, or spoken unreasonable search and seizure applies as a restraint against the
words are to be overheard, intercepted, or recorded and, government and its agencies. It can only be invoked against the State. If
in the case of telegraphic or telephonic communications, the search is made at the initiative of a private person for private
the telegraph line or the telephone number involved and purposes, without the intervention of police authorities, the right cannot
its location; be invoked because only the act of a private individual is involved and not
2. The identity of the peace officer authorized to overhear, of law enforcers. The protection of unreasonable search and seizure
intercept, or record the communications, conversations, cannot be extended to acts committed by private individuals. (People v.
discussions, or spoken words; Marti, G.R. No. 81561)
3. The offense or offenses committed or sought to be ● For a case to come under the exclusionary rule under the Bill of
prevented; and Rights, the evidence must be obtained by government agents
4. The period of the authorization. (Bernas Primer, p. 60) and not by private individuals acting on their own. However, this

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does not mean that a private individual cannot violate the liberty collecting, or storing of data regarding the person, family, home, and
of another. In instances where illegal searches are conducted by correspondence of the aggrieved party. (Lee v. Ilagan, G.R. No. 203254)
private individuals, they may still be held liable under illegal
searches, paragraph 9 of Article 32 of the Civil Code. (Zulueta v. Social media or Facebook. Before one can have an expectation of
CA, G.R. No. 107383) privacy in his or her online social networking activities, it is necessary that
said user manifest the intention to keep certain posts private, through the
WAIVER OF RIGHTS employment of measures to prevent its access or to limit its visibility. In
the cyber world, utilization of these privacy tools is the manifestation of
Personal right and waiver The constitutional immunity from the user’s invocation of his or her right to informational privacy. (Vivares v.
unreasonable searches and seizures, being a personal one, cannot be St. Theresa’s College, G.R. No. 202666)
waived by anyone except the person whose rights are invaded or who is
expressly authorized to do so on his or her behalf. While the power to “Reasonable Expectation of Privacy” Test. Used to determine whether
search and seize is necessary to the public welfare, it must be exercised there is a violation of the right of privacy. The two-part test includes:
without transgressing the constitutional rights of the citizen. (People v. 1. Whether, by his conduct, the individual has exhibited an
Damaso, G.R. No. 93516) expectation of privacy; and
2. This expectation is one that society recognizes as reasonable.
Search of persons, not of materials. If search was permitted for the (Hing v. Choa Chuy, G.R. No. 179736)
purpose of ascertaining the presence of specific persons and does not
include any authority to conduct a search of materials, then the items Scope of right to privacy. The individual’s right to privacy under Article
taken are products of an illegal search and are inadmissible, 26(1) of the Civil Code should not be confined to his house or residence
notwithstanding the fact that permission was given. While permission may as it may extend to places where he has the right to exclude the public or
be given for a search to be conducted by lawful authorities, it is still deny them access. Thus, a surveillance camera monitoring the conduct of
pertinent to consider the circumstances of such consent. (Spouses Veroy one’s neighbors without their consent is a violation of their right to
v. Layague, G.R. No. 95630) privacy. (Id.)
● Changes and variations in customs, community norms, and
HABEAS DATA practices may limit or extend an individual’s “reasonable
expectation of privacy”. Hence, the reasonableness of a person’s
Writ of Habeas Data. A writ of habeas data can only be issued when expectation of privacy must be determined on a case-to-case
there is a clear showing that the person’s right to privacy in life, liberty, basis since it depends on the factual circumstances surrounding
and security is violated by any person engaged in the gathering, the case.

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Tests for evaluating restraints on the freedom of speech:

1. Clear and Present Danger Test. Speech is restrained because
Section 4. No law shall be passed abridging the freedom of speech, of
such would lead to an evil that the government has a right to
expression, or of the press, or the right of the people peaceably to
prevent;
assemble and petition the government for redress of grievances.
○ Application. Contempt cases in lower courts, rebellious
speech and expression, most cases involving
Speech, expression, and press. Includes every form of expression, content-based restrictions of press outlets, and release of
whether oral, written, tape, or disc recorded. It also includes movies, information that endangers a fair trial
symbolic speech (wearing of arm-bands), peaceful picketing, and 2. Dangerous Tendency Test. There is a rational connection
conduct which amounts to speech. (Bernas Primer, pp. 62-63) between the speech restrained and the danger contemplated. For
speech to be punishable, all that is required is a rational
Philippine jurisprudence has recognized 4 aspects of freedom of connection between the speech and the evil apprehended; and
press: ○ Application. Contempt cases in the Supreme Court and
1. Freedom from prior restraint seditious speech
2. Freedom from punishment subsequent to publication 3. Balancing of Interests Test. When courts need to balance
3. Freedom of access to information conflicting social values and individual interests. It requires a
4. Freedom of circulation (Chavez v. Gonzales, G.R. No. 115444) conscious and detailed consideration of the interplay of interests
observable in a given situation of type of situation. When there
Freedom of expression ranks higher than property in the hierarchy of are two or more competing interests and the degree and
constitutional rights. The norms for the regulation of expression place proximity of the evil to be prevented can not be determined.
more stringent limits on state action. (Bernas Primer, p. 69) ○ Application. Commercial speech; COMELEC regulations
on elections; Privacy of a person; and right vs. right.
Not all kinds of speech are protected. Slander or libel, lewd or obscene (Bernas Primer, pp. 69-72)
speech, and fighting words are not afforded constitutional protection. (Id.)
PRIOR RESTRAINT
Different degree of protection for different forms of speech. The
doctrine on freedom of speech was formulated primarily for the protection Prohibition. Article III, Section 4 prohibits official government restrictions
of “core” speech such as speech which communicates political, social, or on the press or other forms of expression in advance of actual publication
religious ideas. Those enjoy the same degree of protection. Commercial or dissemination. (Bernas Primer, p. 63)
speech does not. (Bernas Primer, p.68)

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Definition. Prior restraint is done by suppressing publication and Prohibition is not absolute. Prior restraint may be allowed in these
publishing as contempt further publication. (Near v. Minnesota, 283 U.S. exceptional circumstances:
697) 1. When the nation is at war;
2. The publication discloses the number and location of troops; or
Chilling effect. This refers to threats by the government, its agencies and 3. Publication incites violence. (Near v. Minnesota, 283 U.S. 697)
instrumentalities, and its agents intended to pressure the press or the
citizens against exercising their political rights amount to prior restraint. Gag law. The U.S. Supreme Court declared the Minnesota Gag Law
Said threats and other similar acts have the “chilling effect” of intimidating unconstitutional. The law, which banned any and all 'malicious,
the press and the citizens into silence. The following are examples: scandalous, and defamatory' publications, violated the prohibition against
● The NTC issued a press release warning against the airing of the prior restraint. None of the three exceptional circumstances were present
Garci tapes because the tapes allegedly violated the in this case to warrant a valid prior restraint. (Id.)
Anti-Wiretapping Law. Radio and television stations that aired the
Garci tapes would have their licenses suspended, canceled or Freedman rule on movie censorship. The U.S. Supreme Court ruled
revoked. (Chavez v. Gonzales G.R. No. 168338.) that the administration of a censorship system for motion pictures
● Government officials publicly threatened to close down or take presents peculiar dangers to constitutionally protected speech.
over mass media establishments that did not comply with Therefore, the Court laid down three procedural safeguards for
government standards. (David v. Arroyo G.R. No. 171396.) censorship:
● “We Forum” newspaper was unjustly closed for being allegedly 1. The burden of proving that the film is an unprotected expression
involved with subversive acts. (Burgos v. Chief of Staff G.R. No. must rest on the censor
L-64261) 2. While the State may require advance submission of all films, in
● The Calibrated Preemptive Response (CPR) policy had a chilling order to proceed effectively to bar all showings of unprotected
effect on the right to assembly because it gave police the films, the requirement cannot be administered in a manner which
authority to disperse mass assemblies before the would lend an effect of finality to the censor’s determination.
protesters/rallyists even took unlawful actions. (Bayan v. Ermita 3. The procedure must also assure a prompt final judicial decision.
G.R. No. 169838 ) (Freedman v. Maryland, 380 U.S. 51)

Heavy presumption against constitutionality. Any system of prior In the Philippines. The rule set out in US jurisprudence that “only judges
restraint comes to court bearing a heavy presumption against its may determine what is and is not protected speech” was not adopted in
constitutionality. Only a free and unrestrained press can effectively expose the Philippines.
deception in government. (New York Times v. United States, 403 U.S. 713) ● Legislative/Quasi-judicial. It is not unconstitutional for Congress
to grant an administrative body quasi-judicial power to preview

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and classify TV programs and enforce its decision subject to ● Permits for the use of a public place are a content-neutral
review by the courts. (Iglesia ni Kristo v. CA, G.R. No. 160283) regulation because it only regulates the time, place, and manner
● Executive. The president is not empowered to impose standards of assemblies in public places.
on the media or any form of prior restraint, even in the interest of ● It is not a content-based regulation because it does not regulate
preventing or suppressing lawless violence. (David v. Arroyo, G.R. the actual content of the assemblies, as long as they are for a
No. 171396) “lawful cause.”

Top secret information. The guarantee against prior restraint would not Content Neutral vs. Content-based Regulation. Not all prior restraints
permit an injunction against publishing information about government on speech are invalid. Certain previous restraints may be permitted by the
plans or operations. But the U.S. Supreme Court allowed the New York Constitution, but determined only upon a careful evaluation of the
Times to continue publication of the “Pentagon Papers” despite national challenged act as against the appropriate test by which it should be
security concerns cited by the Nixon administration. Prior censorship measured against. A distinction has to be made whether the restraint is a
would be permissible in certain circumstances, but the vague, nonspecific content-neutral regulation or a content-based regulation. (Chavez v.
claims of harm to national security made in this case were insufficient to Gonzales, G.R. No. 168338)
justify prior restraint. (New York Times Co. v. USA, 403 U.S. 713)
Content-based laws are generally treated as more suspect than
Religious speech. Religious speech can only be inhibited upon the content-neutral laws because of judicial concern with discrimination in the
presence of a clear and present danger, such as if it advocates for regulation of expression. (Newsounds Broadcasting v. Dy, cited in Bernas
hostility and violence by attacking other religions. Mere criticism of Primer, p. 66)
another religion is neither obscene nor violent, so it is afforded protection.
(Iglesia ni Kristo v. CA) Content Neutral Regulation. Concerned with the incidents of the
● Regulations that inhibit the exercise of freedom of religion, even speech, or one that merely controls the time, place or manner, and under
those that are of general application, may also be considered well-defined standards. Only a substantial governmental interest is
prior restraint. (American Bible Society v. CA, G.R. No. L-9637) required for its validity. (Chavez v. Gonzales)
● Test for validity: Intermediate Approach/O’Brien Test
Rally Permits. Requiring permits for holding rallies and public assemblies ● A governmental regulation is sufficiently justified if it is within the
is generally considered prior restraint. (Bayan v. Ermita, G.R. No. 169881) constitutional power of the government if:
● Exception. If the rally or public assembly was to be held at a 1. Within the constitutional power of the government;
public place, the LGU may require a permit for the use of said 2. Furthers an important or substantial government interest ;
public place, but not for the assembly itself. 3. The government interest is unrelated to the suppression
of free expression; and

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4. The incidental restriction on freedom of speech, the dangerous tendency test, the clear and present danger test, or the
expression, and press is no greater than is essential to balancing of interests test. (Id.)
the furtherance of that interest. (SWS v. COMELEC, G.R.
No. 147571) Application of the Dangerous Tendency Rule; Seditious speech. An
attack on the Governor-General was ruled to have a seditious tendency in
Content Based Restraint. The restriction is based on the subject matter the words used, which could easily produce disaffection among the
of the utterance or speech. A governmental action that restricts freedom people and a state of feeling incompatible with a disposition to remain
of speech or of the press based on content is given the strictest scrutiny. loyal to the Government and obedient to the laws. (People v. Perez, G.R.
(Chavez v. Gonzales, G.R. No. 168338) No. 21049)
● The test for validity is the Clear and Present Danger Rule
● The Court ruled that the NTC Press Release, which warned radio Application of the Clear and Present Danger Rule; Overthrow of the
and television stations that airing the Garci Tapes would warrant government. Under the Smith Act, it was a criminal offense to advocate
cause the suspension, revocation and/or cancellation of the the violent overthrow of the government or to organize or be a member of
licenses or authorizations, violated the prohibition on prior any group or society devoted to such advocacy. The overthrow of the
restraint. As a content-based regulation, it did not pass the clear Government by force and violence is a substantial enough interest for the
and present danger rule required to overcome the presumption of Government to limit speech. An attempt to overthrow the Government by
unconstitutionality. force, even though doomed from the outset because of inadequate
numbers or power of the revolutionists, is a sufficient evil for Congress to
SUBSEQUENT PUNISHMENT prevent. (Dennis v. US, 341 U.S. 494)

Prohibition. Article III Section 4 also prohibits systems of subsequent Application of the Balancing of Interests Test; Early nomination of
punishment which have the effect of unduly curtailing expression. (Bernas candidates. R.A. No. 4880, which prohibited the early nomination of
Primer, p. 69) political candidates and limited the period for partisan political activity,
was valid. Free speech as a social value was weighed against the political
Definition. The imposition of sanctions or penalties on conduct process as a social value. (Gonzales v. COMELEC, G.R. No. L-27833)
amounting to speech or expression after their publication or
dissemination. (Id.) Public figures. A person who, by his accomplishments, fame, or mode of
living, or by adopting a profession or calling which gives the public a
Allowable subsequent punishment. The freedom of speech and legitimate interest in his doings, his affairs, and his character has become
expression is not absolute and is subject to the police power of the a public personage or celebrity. (Ayer Productions v. Capulong G.R. No.
State. For subsequent punishment to be valid, it must overcome either 82380)

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● Public officials/figures must prove actual malice in order to SPEECH AND ELECTORAL PROCESS
recover damages for a defamatory falsehood relating to his
official conduct. COMELEC. Under Article IX-C, Section 4. COMELEC may, during the
● Actual Malice: With knowledge that it was false or with reckless election period, supervise or regulate the time in broadcast media and
disregard of whether it was false or not space in the papers. This does not violate freedom of expression. The
● Public figures have lost, to some extent, their right to privacy provision creates an exception of the freedom of speech and press on
since they had sought that publicity and consented to it. As a account of considerations more paramount for the general welfare and
result they have a lower reasonable expectation of privacy public interest, which only operates during limited periods which is the
compared to that expected by private citizens. duration of the election campaign filed in the charter itself and/or by law.
● Right to privacy is not an absolute right and limited intrusion into (UNIDO v. COMELEC, cited in Bernas Primer, p. 64)
a person’s privacy is permissible if that person is a public figure
and the information sought to be elicited from him constitute Election survey before election. The Fair Election Act which prohibited
matters of a public character. any election survey to be published 15 or 7 days before the election was
● The subject matter of the film, the EDSA Revolution, is of public violative of the freedom of expression clause. The power of the
interest as it relates to a highly critical stage in the history of this COMELEC over media franchises is limited to ensuring equal opportunity,
country and thus has passed into the public domain as an time, space and the right to reply. Here the prohibition of speech is direct,
appropriate subject for speech and expression. absolute and substantial. (SWS v. COMELEC, G.R. No. 147571)
● However, The producer assumes the responsibility not to ● A total suppression of a category of speech is not made less so
divulge intimate or purely private matters pertaining to the because it is only for a limited period.
public figure, and there must be due regard for the ● Section 5.4 of the Fair Election Act laid a prior restraint on
truthfulness and accuracy of the events. freedom of speech, expression, and the press.
● Compared with Lagunzad v. Soto Vda. de Gonzales. The Court ● The O'Brien Test was applied because regulation is based on
used the balancing of interests test and held that the right of the content itself.
family of the late Moises Padilla to have their privacy protected
was held in favor of the right of a writer to write about a public Captive Audience Doctrine. When a listener cannot, as a practical
figure like Moises Padilla. Here, the licensing agreement which matter, escape from intrusive speech, the speech can be restricted.
required compensation to the family was upheld as valid. (Bernas (1-UTAK v. COMELEC, G.R. No. 206020)
Primer, p. 72) ● Resolution No. 9615 which prohibited the posting of campaign
materials on PUVs is not justified under the captive-audience
doctrine; the commuters are not forced or compelled to read the
election campaign materials posted on PUVs and transport.

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● The prohibition constitutes a clear prior restraint on the right to not candidates, the limitations set on the size has the effect of being a
free expression of the owners of PUVs and transport terminals. content-based regulation. (Diocese of Bacolod v. COMELEC, G.R. No.
● Even if Resolution No. 9615 are content-neutral regulations, the 205728)
prohibition is still repugnant to the free speech clause as it fails to ● Political speech. Large tarpaulins are not analogous to time and
satisfy all of the requisites of the intermediate approach. (1-UTAK place. They are fundamentally part of expression protected under
v. COMELEC, G.R. No. 206020) Article III, Section 4. The expression resulting from the content of
the tarpaulin is, however, definitely political speech. While the
Election propaganda. The balancing of interests test is more difficult in tarpaulin may influence the success or failure of the named
election campaign cases because the Constitution also gives specific candidates and political parties, this does not necessarily mean it
authority to COMELEC to supervise the conduct of free, honest, and is election propaganda.
orderly elections. When faced with situations where freedom to speak by ● Clear and Present Danger Test. There is no compelling and
a candidate on the part of the electorate are invoked against actions substantial state interest endangered by the posting of the
intended for maintaining clean and free elections, the police, local officials tarpaulin as to justify curtailment of the right of freedom of
and COMELEC should lean in favor of freedom. (Adiong v. COMELEC, expression. There is no reason for the State to minimize the right
G.R. No. 103956) of non-candidate petitioners to post the tarpaulin in their private
● The Court held that the posting of decals and stickers in mobile property. The size of the tarpaulin does not affect anyone else's
places like cars and other moving vehicles does not endanger constitutional rights.
any substantial government interest. The regulation strikes at the
freedom of an individual to express his preference and, by Election surveys. On their face, surveys do not state or allude to
displaying it on his car, to convince others to agree with him. preferred candidates. As a means, election surveys are ambivalent…when
● Balancing Interests Test. Compared to the paramount interest of published, however, the tendency to shape voter preference comes into
the State in guaranteeing freedom of expression, any financial play. In this respect, published election surveys partake of the nature of
considerations behind the regulation are of marginal significance. election propaganda. It is then declarative speech in the context of an
electoral campaign properly subject to regulation. (SWS v. COMELEC,
Exit polls. Random polling of voters at the come out of booths, and the G.R. No. 208062)
dissemination of their results through mass media constitute an essential ● Resolution No. 9674 poses no prohibition or censorship
part of the freedoms of speech and of the press. (ABS-CBN v. COMELEC, specifically aimed at election surveys. Apart from regulating the
cited in Bernas Primer, p. 65) manner of publication, petitioners remain free to publish election
surveys. COMELEC correctly points out that "the disclosure
The medium is the message. Since the size of the tarpaulins is essential requirement kicks in only upon, not prior to, publication."
in conveying the political message purported by the petitioners who were

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Plebiscite. Plebiscite issues are matters of public concern and the Alcohol content on beer labels. The US Supreme Court declared a
people’s right to be informed must be preserved. A COMELEC resolution Federal Law which prohibited beer companies from disclosing the alcohol
prohibiting columnists, commentators, and announcers from using their content of their product invalid for violating the freedom of commercial
platforms to campaign for or against the plebiscite violates the freedom of speech. The last 3 requisites were not present in this case.
expression. (Sanidad v. COMELEC, cited in Bernas Primer, p. 73) 1. Individual states already had “ample authority to ban the
disclosure of alcohol content”, without the need for the FAAA
COMMERCIAL SPEECH provision.
2. If the interest was to prevent a strength war, then other provisions
Definition. Communication which no more than proposes a commercial and regulations directly contradicted this stated interest. For
transaction. (Bernas Primer, p. 68) example, the law did not ban disclosure of alcoholic content in
advertisements.
Example. Advertisements of goods of services. The advertising and 3. Too overbroad. There were other options that do not infringe on
promotion of breast milk falls under this, and is not accorded the same speech, such as “directly limiting the alcohol content of beers or
level of protection as other constitutionally guaranteed forms of prohibiting marketing efforts emphasizing high alcohol strength.
expression. (Pharmaceutical v. Secretary of Health, G.R. No. 173034) (Id.)

Protected commercial speech. To enjoy protection under Article III, Symbolic speech. When speech and non-speech elements are
Section 4, commercial speech must not be false, misleading, and should combined in the same course of conduct, a sufficiently important
not propose an illegal transaction in order to enjoy protection. However, governmental interest in regulating the nonspeech element can justify
even truthful and lawful may be regulated if: incidental limitations on free speech. (U.S. v. O’Brien, cited in Bernas
1. Government has substantial interest; Primer, p. 73)
2. Regulation directly advances that interest; and ● Example. The Universal Military Training and Services Act may
3. It is not more extensive than is necessary to protect that validly prohibit the burning of one’s Selective Service registration
interest. (Bernas Primer, p. 68) certificate in front of a crowd in order to influence others to adopt
anti-war beliefs. (Id.)
Hudson Test. Requisites of a valid regulation on commercial speech:
1. Speech concerns lawful activity and is not misleading; UNPROTECTED SPEECH
2. Government interest for the regulation is substantial;
3. Regulation directly advances government interest; and Speech unprotected by the Constitution. There are certain forms of
4. Regulation is not overbroad. (Rubin v. Coors Brewing, 514 U.S. speech, the prevention and punishment of which has never raised any
476) constitutional problems. Libel and obscenity are such utterances that are

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of no essential part of any exposition of ideas, and are of such slight containing derogatory information must not only be true, but also fair, and
social value that any benefit from it is outweighed by social interest of it must be made in good faith and without any comments or remarks.
morality. (Chaplinsky v. New Hampshire, 315 U.S. 568) (Policarpio v. Manila Times, G.R. No. L-16027)

LIBEL Presumption of malicious intent; Art. 354 of the RPC. Every

defamatory imputation is presumed to be malicious, even if it be true, if
Definition of libel. A public and malicious imputation of a crime, or of a no good intention and a justifiable motive for making it is shown, except
vice or a defect, real or imaginary or any act, omission, condition, status, in the following cases:
or circumstance tending to cause dishonor, discredit, or contempt of a 1. A private communication made by any person to another in the
natural or juridical person, or to blacken the memory of one who is dead. performance of any legal, moral, or social;
(Art. 353, Revised Penal Code) 2. A fair and true report, made in good faith, without any comments
or remarks, of any juridical, legislative, or other official
Elements. To be held liable for libel, the following must exist proceedings which are not of confidential nature, or of any
1. The allegation of a discreditable act or condition concerning statement, report, or speech delivered in said proceedings, or of
another; any other act performed by public; and
2. Publication of the charge; a. The presumption of malice was applied when the
3. Identity of the person defamed; and publication written was not a fair and true report of the
4. Existence of malice or evil intent. (Bernas Primer, p. 74) proceedings it alluded to. If they knew the true facts, then
that the publication was malicious. If they did not, then
Malicious defamatory imputation. When the author of the imputation is they were negligent under a misapprehension of facts.
prompted by ill-will or spite and speaks not in response to duty but (Policarpio v. Manila Times, G.R. No. L-16027)
merely to injure the reputation of the person who claimed to have been 3. According to jurisprudence, the third exception is fair
defamed. (Alonzo v. CA, G.R. No. 110088) commentaries on matters of public interest. (Class Discussion)

Publication. It is making the defamatory matter, after it has been written, Wrong picture of a person. Publication of a person’s photograph in
known to someone other than the person to whom it has been written. connection with an article libelous of a third person, is a libel on the
(Bernas Primer, p. 75) person whose picture is published, where the acts set out in the article
are imputed to such person. (Lopez v. CA, G.R. No. L-26549)
Newspapers. Newspapers enjoy a certain degree of discretion in ● Actual malice. The constitutional guarantee of freedom of the
determining how they want to depict certain events to the public, as well press requires a federal rule that prohibits a public official from
as the importance attached thereto. But, to enjoy immunity, a publication recovering damages for a defamatory falsehood relating to his

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official conduct with the exception that it is proven that the Test for obscenity (Miller Test). The U.S. Supreme Court noted that any
statement was made with actual malice; i.e., with knowledge that statutes prohibiting obscenity must be narrowly constructed and devised
it was false or with reckless disregard of whether it was false or three factors to help State legislatures in formulating them, as follows:
not." (Lopez v. CA, G.R. No. L-26549) 1) Whether the average person, applying contemporary community
standards would find that the work, taken as a whole, appeals to
Parody. Public figures can recover for libel or defamation only when they the prurient interest;
can prove both that the statement was false and that the statement was 2) Whether the work depicts or describes, in a patently offensive
made with the requisite level of culpability. Freedom of expression is way, sexual conduct specifically defined by the applicable state
bound to produce speech that is critical of those who hold public office or law; and
those public figures who are intimately involved in the resolution of 3) Whether the work, taken as a whole lacks serious, literary,
important public questions or shape events in areas of concern to society artistic, political, or scientific value. (Miller v. CA, 413 U.S. 15)
at large. (Hustler v. CA, 485 U.S. 46)
● Outrageousness. When speech could not reasonably have been Relative obscenity. The court imposed a 3-month suspension when the
interpreted as stating actual facts about public figures, it is not host of Ang Dating Daan used language which was found to be unsuitable
sufficient to deny First Amendment protection to speech, even if it by the MTRCB. The language was to be treated as obscene, at least with
is patently offensive and intended to inflict emotional injury. respect to the average child. It may not have appealed to the prurient
interest of an adult, but it was on a TV Program rated G, and in a time slot
OBSCENITY that would likely reach children. (Soriano v. Laguardia, G.R. No. 164785)
● Pursuant to the State’s role as parens patriae, where television is
Definition of obscenity. There is no specific statutory definition of concerned, a less liberal approach calls for observance. This is so
obscenity because the words “obscene or indecent” are themselves because unlike motion pictures where the patrons have to pay
descriptive. They are words in common use and every person of standard their way, television reaches every home where there is a set.
intelligence should understand their meaning. (Bernas Green Book, p. (Gonzales v. Kalaw-Katigbak, G.R. No. L-69500)
296)
● The U.S. Supreme Court defined obscenity as something Obscene Movies. Sex and obscenity are not synonymous. The portrayal
offensive to chastity, decency, or delicacy. Indecency is an act of sex in art, literature and scientific works, is not itself sufficient reason to
against good behaviour and a just delicacy. (People v. Kottinger, deny material the constitutional protection of freedom of speech and
cited in Bernas Green Book, p. 296) press. The Board of Review for Motion Pictures and Television has the
power to approve and disapprove the exhibition of motion pictures and
publicity materials applying contemporary Filipino cultural values as a
standard. (Id.)

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● The ruling is to be limited to the concept of obscenity applicable considered a content-neutral, reasonable time, place, and manner
to motion pictures. restriction of expression. The zoning ordinance did not ban adult motion
picture theaters altogether but merely provided where such theaters could
Burden of proof for obscenity. The burden is on the State to not be located. (City of Renton v. Playtime Theatre 475 U.S. 41)
demonstrate the existence of a danger. To justify state action to stop the
speech, the danger that must be clear and present. (Pita v. Ca, G.R. No. Sex on the internet. Attempts to regulate sex and adult shows, which
80806) does not come under the definition of obscenity for the purpose of
protecting minors are legitimate for adults. (Reno v. American Civil Union,
Anti-Smut campaign. Government authorities could not provide the cited in Bernas Primer, p. 79)
required proof for obscenity to justify the confiscation of “Pinoy Playboy”
magazines. Authorities must apply for the issuance of a search warrant ASSEMBLY AND PETITION
from a judge, if in their opinion an obscenity seizure is in order and that:
1. The authorities must convince the court that the materials sought The right of petition and assembly is the primary right, the right
to be seized are obscene and pose a clear and present danger of peaceably to assemble a subordinate and instrumental right. The right of
an evil substantive enough to warrant State interference and peaceful assembly is a right cognate to those of free speech and free
action; and press and is equally fundamental. (Bernas Primer, p. 79)
2. The judge must determine whether or not the same are indeed
obscene. The question is to be resolved on a case-to-case basis Definition. Any rally, demonstration, march, parade, procession or any
and on the judge’s sound discretion. (Id.) other form of mass or concerted action held in a public place for the
purpose of presenting a lawful cause; or expressing an opinion to the
Public nudity. The Supreme Court reasoned that the statute, which general public on any particular issue; or protesting or influencing any
prohibited public nudity, was narrowly tailored to further a substantial state of affairs whether political, economic or social; or petitioning the
governmental purpose, thus it was constitutional. In this case, the government for redress of grievances. (B.P. 880)
requirement for dancers to wear pasties and a g-string does not deprive
the dance of whatever erotic message it conveys; it simply made the Rules on assembly and petition.
message less graphic, thereby addressing the perceived evil of public ● The applicant for a permit to hold an assembly should inform the
nudity and not erotic dancing. (Barnes v. Glen Theater, 501 U.S. 560) licensing authority of the date, the public place where and the
time when it will take place. If it is a private place, only the
Zoning ordinance to regulate adult businesses. The Supreme Court consent of the owner or the one entitled to its legal possession is
held that a zoning ordinance aimed at controlling the undesirable required.
“secondary effects” of adult or sexually oriented establishments could be

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● The application must be filed well ahead in time to enable the ● Calibrated Preemptive Response Standard. Authorities will not
public official concerned to determine whether there may be valid stand aside while those with ill intent are herding a
objections to the grant of the permit or to its grant but to another witting/unwitting mass of people and inciting them into actions
public place. that are inimical to public order, and the peace of mind of the
● The decision of the public authority, whether favorable or adverse, national community.
must be transmitted to the applicants at the earliest opportunity. ● Maximum Tolerance Standard. Highest degree of restraint that
This allows them to have recourse to the proper judicial authority. the military, police and other peacekeeping authorities shall
(JBL Reyes v. Bagatsing, cited in Bernas Primer, p. 80) observe during a public assembly or in the dispersal of the same.
It was ruled that the calibrated preemptive response standard
Test for a valid refusal for a permit to hold assembly. It is an served no valid purpose if it means the same thing as the
indispensable condition to such refusal or modification that a clear and maximum tolerance standard, and it is illegal if it means
present danger test be the standard for the decision reached. (Id.) something else. (B.P. 880)

Vienna Convention. Under the Vienna Convention, the Philippines has an Government employment may still exercise constitutional rights.
obligation to protect the premises of embassies. However, observance of Those who enter government service are subjected to a different degree
the obligation does not preclude application of the clear and present of limitation on their freedom to speak their mind; however, it is not
danger rule which can measure the degree of protection needed to tantamount to the relinquishment of their constitutional right of expression
safeguard the premises of embassies. (Bernas Primer, p. 81) otherwise enjoyed by citizens just by reason of their employment. (Davao
v. Aranjuez G.R. No. 194192.)
No permit, no rally. BP 880, a.k.a. the Public Assembly Act of 1985, ● The concerted activity or mass action proscribed must be
required a permit to hold a rally in any public place other than a freedom coupled with the "intent of effecting work stoppage or service
park. The law merely codified the rules prescribed in the JBP Reyes case. disruption in order to realize their demands of force concession."
(Bayan v. Ermita, G.R. No. 169838) ● Even after signing a contract of governmental employment,
● Freedom Park. Centrally located public space where political wherein he/she “must accept certain limitations on his or her
gatherings, rallies and demonstrations may be held without the freedom,” there are fundamental rights which may not be
need of prior permission from government authorities. bargained away. That is to say that regulation of the freedom of
● Clear and Present Danger Test. Freedom of Assembly is not to expression is not removal of the constitutional right.
be limited, much less denied. ● Hence, when the officers and members of NAMADACWAD wore
○ The permit can only be denied on the grounds of clear labelled shirts as a form of protest during a fun run, the court held
and present danger to public order, public safety, public that this was within their rights since it was not done to disrupt
convenience, public morals or public health. work hours.

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of areas of human action and the phenomenon of a growing

articulation and acceptance of an expanding concept of religion.
Section 5. No law shall be made respecting an establishment of
Hence, these two terms tend to be in conflict more often. The built-in
religion, or prohibiting the free exercise thereof. The free exercise
tension that exists between the two aspects is resolved in an
and enjoyment of religious profession and worship, without
interpretation that is not solely based on the phraseology but
discrimination or preference, shall forever be allowed. No religious
especially on the societal values this provision intends to protect. (Id.)
test shall be required for the exercise of civil or political rights.

Distinguishing a free exercise case from a non-establishment case.

Every violation of the free exercise clause involves compulsion, whereas a
Separation of church and state. “The separation of church and state
violation of the non-establishment clause need not involve compulsion.
shall be inviolable.” (Sec. 6, Art. II, 1987 Constitution)
(Bernas Primer, p. 88)

TWIN ASPECT OF RELIGIOUS FREEDOM

PROHIBITION ON RELIGIOUS TEST
1. Non-establishment of religion. “No law shall be made respecting
Prohibition on religious test. “No religious test shall be required for the
an establishment of religion.” (1st sentence, Sec. 5, Art. III, 1987
exercise of civil or political rights.” (3rd sentence, Sec. 5, Art. III, 1987
Constitution)
Constitution)
2. Free exercise of religion. “No law shall be prohibiting the free
● The prohibition is a corollary of the freedom and non-establishment
exercise and enjoyment of religious profession and worship, without
clause, it is to render the government powerless to restore the
discrimination or preference, shall forever be allowed. (2nd sentence,
historically and constitutional discredited policy of probing religious
Sec. 5, Art. III, 1987 Constitution)
beliefs by test oaths or limiting public offices to persons who have, or
perhaps kind of religious concept. (Bernas Green Book, p. 369)
Nature of the twin aspect of religious freedom. The twin clauses of free
● To allow religious tests would have the effect of formal or practical
exercise and non-establishment express an underlying relational concept
establishment of particular religious faiths with consequent burdens
of separation between secular government. The nature of the relational
imposed on the free exercise of the faiths of non-favored believers.
concept must constantly be re-examined because the terms of the
(Id.)
relation are not immobile concepts. These terms are on the one end, the
● The opposite of religious tests is the imposition of civil obligations
human experience expressed by the word “religion”, and on the other, the
that might conflict with a person’s religious beliefs. (Bernas Green
proper actions within the domain of the State. (Bernas Green Book, p.
Book, p. 370)
329)
● Modern society is faced with the phenomenon of expanding
government reaching out its regulatory arm to an ever growing variety

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 ARTICLE III | SECTION 5

NON-ESTABLISHMENT OF RELIGION 1. Government must not prefer one religion over another or religion
over irreligion because such preference would violate voluntarism
Establishing an official religion. Under the non-establishment clause, and breed dissension.
the State cannot establish or promote an official religion. (Bernas Green 2. Government funds must not be applied to religious purposes
Book, p. 345) because this too would violate voluntarism and breed interfaith
● The establishment clause prohibits only direct support of institutional dissension;
religion but not support indirectly accruing to the churches and 3. Government action must not aid religion because this too can
church agencies through support given to members. Both direct and violate voluntarism and breed interfaith dissension; and
indirect aid to religion are prohibited but only if the support involves 4. Government action must not result in excessive entanglement
preference of one religion over another or preference of religion over with religion because this too can violate voluntarism and breed
irreligion. (Everson v. Board of Education, cited in Bernas Green Book, interfaith dissension. (Bernas Green Book, p. 346)
p. 345)
Dealing with religious activities. It is not necessary that there be a direct
Two values protected by the clause: governmental compulsion for the non-establishment clause to be
1. Voluntarism. violated. Enactment of laws which coerce or influence, directly or
● Personal. “Nothing more than the inviolability of the indirectly, any individual to follow a religion or irreligion is sufficient for the
human conscience which is also protected by the free said clause to be violated. (Engel v. Vitale, cited in Bernas Green Book, p.
exercise clause” 351)
● Social. “The growth of a religious sect as a social force ● To withstand the strictures of the establishment clause, there
must come from the voluntary support of its members must be a secular legislative purpose and a primary effect that
because of the belief that both spiritual and secular neither advances nor inhibits religion. (Abington School District v.
society will benefit if religions are allowed to compete on Schempp, cited in Bernas Green Book, p. 352)
their own intrinsic merit without benefit of official
patronage” Aid to sectarian schools. Legislation beneficial to any person regardless
2. Insulation of the political process from interfaith dissension. of his or her preference of religion or irreligion does not violate the
(Bernas Green Book, pp. 345-346) non-establishment clause and is valid. (Everson v. Board of Education,
cited in Bernas Green Book, p. 353)
Government neutrality. The non-establishment clause calls for ● A government aid program is not readily subject to challenge
government neutrality when it comes to religious matters. In order to under the Establishment Clause if it is neutral with respect to
achieve neutrality, the following must be established: religion and provides assistance directly to a broad class of
citizens who, in turn, direct government aid to religious schools

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wholly as a result of their own genuine and independent private 2. No public money or property shall ever be appropriated, applied,
choice. (Zelman v. Simmons-Harris, cited in Bernas Green Book, paid, or employed, directly or indirectly for the use, benefit, or
p. 357) support of any sect, church, denomination, sectarian institution,
or system of religion, or of any priest, preacher, minister, or other
Ecclesiastical affairs over which secular authority has no jurisdiction. religious teacher or dignitary as such, except when such priest,
Ecclesiastical affair means “one that concerns doctrine, creed or form or preacher, minister, or dignitary is assigned to the Armed Forces,
worship of the church, or the adoption and enforcement within a religious or to any penal institution, or government orphanage or
association of needful laws and regulations for the government of the leprosarium. (Sec. 29 (2), Art. VI, 1987 Constitution);
membership, and the power of excluding from such associations those 3. At the option expressed in writing by the parents or guardians,
deemed unworthy of membership.” (Austria v. NLRC, cited in Bernas religion shall be allowed to be taught to their children or wards in
Green Book, p. 358) public elementary and high schools within the regular class hours
● The expulsion or excommunication of members of a religious by instructors designated or approved by the religious authorities
institution or organization is a matter best left to the discretion of of the religion to which the children or wards belong, without
church officials, and the laws and canons of said institution or additional cost to the Government. (Sec. 3 (3), Art. XIV, 1987
organization. It is not for the courts to exercise control over Constitution); and
church authorities in the performance of their discretionary and 4. Parochial schools are exempt from Filipinization. (Sec. 4 (2), Art.
official functions. (Bernas Green Book, p. 359) XIV, 1987 Constitution)
● Ex. Schools should generally be owned by Filipino
Prohibition on registration of parties and organizations. “Religious citizens. An exception to this are schools owned by
denominations and sects shall not be registered as political parties or foreign religious groups, i.e., Ateneo which is owned by
organizations.” (Sec. 2 (5), Art. IX (C), 1987 Constitution) the Jesuits. (Class Discussion)

CONSTITUTIONALLY CREATED EXCEPTIONS TO THE Government preference. The government has a preference for religion,
NON-ESTABLISHMENT CLAUSE as witnessed from our history and the fact that the Preamble in our
Constitution states “imploring the aid of Almighty God.” (Class
1. Charitable institutions, churches, parsonages or convents Discussion)
appurtenant thereto, mosques, and non-profit cemeteries, and all
lands, buildings, and improvements actually, directly, and Postage stamps incidental benefit to religion. Religious freedom, as a
exclusively used for religious, charitable, or educational purposes constitutional mandate, is not inhibition of profound reverence for religion
shall be exempt from taxation. (Sec. 28 (3), Art. VI, 1987 and is not a denial of its influence in human affairs. It is obvious that while
Constitution); the issuance and sale of the stamps in question may be said to be

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inseparably linked with an event of a religious character, the resulting 3. The statute must not foster an excessive government
propaganda, if any, received by the Roman Catholic Church, was not the entanglement with religion.
aim and purpose of the Government. The main purpose should not be ● In considering excessive entanglement with religion, one
frustrated by its subordination to mere incidental results not must examine:
contemplated. (Aglipay v. Ruiz, G.R. No. 45459) 1. Character and purposes of institutions that are
benefiting;
Image of a saint bought for a fiesta; no direct use of public funds. 2. Nature of aid that the State provides; and
Although the object being contested is an image of a saint, it was bought 3. Resulting relationship between government and
using private funds and is therefore, private property. The fiesta is a religion. (Lemon v. Kurtzman, 403 U.S. 602)
socio-religious affair where a mass was incidentally one of the activities ● There was excessive entanglement in Lemon because of the
involved. It does not directly or indirectly establish any religion nor continuing state surveillance and restrictions required over the
abridge religious liberty or appropriate money for the benefit of any sect, teachers themselves and the school’s accounting records in order
priest, or clergyman. (Garces v. Estenzo, G.R. No. L-53487) to ensure that the institutions are complying with the statutory
requirements.
Providing textbooks to schools; benefit of the children and parents. ● Compared to Board of Education v. Allen. In Board of
Books are furnished at the request of the pupil and ownership remains, at Education v. Allen, the textbooks would be given to the children,
least technically, in the State. Thus, no funds or books are furnished to not the schools. In Lemon v. Kurtzman, the resources would be
parochial schools, and the financial benefit is to parents and children, not given to teachers who are employed by the religious schools.
to schools. "[The State's] interest is education, broadly; its method, (Class Discussion)
comprehensive. Individual interests are aided only as the common interest
is safeguarded." For the law to not violate the “separation of church and Construction grants to schools; not applicable to sectarian or
state clause,” it must have a secular legislative purpose that neither religious structures. Applying the neutrality test, an act providing federal
advances nor inhibits religion. (Board of Education v. Allen, 393 U.S. 236) construction grants to both sectarian and non-sectarian colleges does
not violate the Establishment Clause since it excludes facilities to be used
Allowable government aid. The non-establishment clause does not for sectarian instruction or as a place of religious worship. However, the
prohibit all governmental aid that might redound to the benefit of religion. part providing that a recipient institution’s obligation not to use the facility
To distinguish allowable aid from non-allowable aid, use the Lemon Test: for religious instruction or worship would expire after 20 years amounts to
1. The statute must have a secular legislative purpose; a contribution to a religious body and is, thus, invalid. (Tilton v.
2. Its principal or primary effect must neither prohibit nor advance Richardson, 403 U.S. 672)
religion; and

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 ARTICLE III | SECTION 5

Government endorsement to crèche and menorah. A holiday display 2. Occurs in a traditional or designated public forum,
violates the Establishment Clause if it demonstrates the government’s publicly announced and open to all on equal terms.
allegiance to a particular sect or creed as it improperly advances religion
not cultural phenomenon. In the case involving a crèche, it was found Halal certification as a religious function. The determination of what is
inside the courthouse with the sign “Glory to God in the Highest.” (County halal is primarily a religious function because the standards used are
of Allegheny v. ACLU, 57 LW 504) drawn from the Qur’an and Islamic beliefs. Government cannot insist on
● However, if the display does not have the prohibited effect of its interpretation of what is halal. (Islamic Da'wah v. Executive Secretary,
endorsing or promoting religion given its particular physical setting, G.R. No. 153888)
then it is not violative of the Clause. For instance, a Chanukah ● With a democratic framework, the State must minimize its
Menorah was situated beside a Christmas tree. interference with the affairs of its citizens and instead allow exercise
reasonable freedom of personal and religious activity. Only the
Aid to deaf students in religious school. The Establishment Clause prevention of an immediate and grave danger to the security and
does not prevent the State from furnishing a disabled child enrolled in a welfare of the community can justify the infringement of religious
sectarian school with a sign language interpreter to facilitate his freedom. If the government fails to show the seriousness and
education. Government programs that neutrally provide benefits to a immediacy of the threat, State intrusion is constitutionally
broad class of citizens defined without reference to religion are not readily unacceptable.
subject to an Establishment Clause challenge just because sectarian
institutions may also receive some financial benefit. Here, the child is the Government neutrality in religious matters. Given that masses did not
primary beneficiary and the school receives only an incidental benefit. disrupt public services, and employees with other religions (e.g. Muslims,
(Zobrest v. Catalina, 509 U.S. 1) Seventh-Day Adventists, etc.) were also given similar considerations to
their own religious practices, such permission to practice one’s religious
Cross in public forum. The display was private religious speech that is beliefs does not intrude separation of Church and State. The
as fully protected under the Free Speech Clause as secular private non-establishment clause reinforces the wall of separation between
expression. Because Capitol Square is a traditional public forum, the Church and State. Its minimal sense is that the State cannot establish or
Board may regulate the content of the Klan’s expression there only if such sponsor an official religion. Thus, what non-establishment calls for is
a restriction is necessary, and narrowly drawn, to serve a compelling state government neutrality in religious matters. (Re: Letter of Tony Q.
interest. (Capitol Square Review Board v. Pinette & Ku Klux Klan, 515 U.S. Valenciano, Holding of Religious Rituals at the Hall of Justice Building in
753) Quezon City, A.M. No. 10-4-19-SC)
● Religious expression cannot violate the Establishment Clause ● Since the Philippine state adopts the perspective of benevolent
where it: neutrality, accommodations for religion are allowed.
1. Is purely private; and Accommodations are government policies that take religion

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specifically into account not to promote the government’s favored 1. The importance of the secular value underlying the
form of religion, but to allow individuals and groups to exercise governmental regulation;
their religion without hindrance. Their purpose or effect therefore 2. The degree of proximity and necessity that the chosen
is to remove a burden on, or facilitate the exercise of, a person's regulatory means bear to the underlying value; and
or institution’s religion. 3. The impact that an exemption for religious reasons would have
on the overall regulatory program (Bernas Green Book, p. 331)
FREE EXERCISE OF RELIGION
Assessing the State's interest. There are two factors in assessing the
Inviolability of human conscience. The basis for the clause is “to State’s interest:
respect the inviolability of the human conscience. (Bernas Green Book, p. 1. The sincerity and importance of the religious practice for which
330) special protection is claimed; and
2. The degree to which the governmental regulation interferes with
Respect to religious doctrines. Religious doctrines or beliefs of any that practice. (Bernas Green Book, p. 331)
person must be respected. “No one, much less a public official, is
privileged to characterize the actuation of its adherents in a derogatory FREE EXERCISE AND POLICE POWER
sense. (Iglesia ni Kristo v. Gironella, cited in Bernas Green Book, p. 337)
Compliance with law created for non-religious reasons. Even if the
Determination by the court. The court determines whether an act is a Constitution gives any person the right to freely exercise his religion, the
religious ceremony and not any religious group or sect, or a follower of free exercise clause does not excuse any person from complying with a
the said group or sect. (Gerona v. Secretary of Education, cited in Bernas law which forbids (or requires) the performance of an act which his
Green Book, p. 340) religious beliefs requires (or forbids) if the said law is created for
non-religious reasons and not specifically directed to religious practice
FREE EXERCISE v. STATE INTEREST (Employment Division v. Smith, cited in Bernas Green Book, p. 333).

Valid restriction. While the freedom to believe is absolute, the freedom to Purpose. In order to protect its citizens from injury, even the exercise of
act or to exercise religion may be restricted (Cantwell v. Connecticut, 310 religion may be regulated. (Centeno v. Villalon-Pronillos, cited in Bernas
U.S. 296). In order for the restriction of this right to be valid, there must be Green Book, p. 336)
a state interest sufficient enough to call for such restriction.
Religious beliefs when subject to government regulation. Any person
Balancing Test. A thorough-going balancing test would measure three may believe what they cannot prove. It is not necessary that their religious
elements of the competing governmental interest: doctrines or beliefs are proven. However, the moment that the person

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 ARTICLE III | SECTION 5

translates his religious doctrine or beliefs into actions, the said actions ● Sherbert Test. The test involves the following:
become subject to government regulation. (Bernas Green Book, p. 332) 1. Does the law burden the person of his free
exercise of religion?;
Prevailing Views and Tests of Validity of Statutes: 2. Is the person sincere in his belief?; and
1. American Jurisprudence 3. Does the State have a compelling interest in
● Strict Separation View. Strict separation adheres to the implementing the law/regulation/policy? (Id.)
belief that only complete separation of religion from
politics would eliminate the formal influence of religious Clear and present danger rule. The exercise of religious freedom can be
institutions. (Estrada v. Escritor, A.M. No. P-02-1651) regulated by the State when it will bring about the clear and present
○ There is a tamer version of this view called Strict danger of some substantive evil which the State is duty bound to prevent,
Neutrality. While strict neutrality is not hostile to i.e., serious detriment to the more overriding interest of public health,
religion, it is strict in holding that religion may not public morals, or public welfare. (Iglesia ni Kristo v. Gironella, cited in
be used as a basis for classification for purposes Bernas Green Book, p. 337)
of governmental action, whether the action
confers rights or privileges or imposes duties or Contractual rights v. religious freedom. Religious freedom, although
obligations. (Id.) not unlimited, is a fundamental personal right and liberty, and has a
● Smith Test. A law need not be justified by a compelling preferred position in the hierarchy of values. Contractual rights, therefore,
governmental interest if it is: (1) neutral and (2) of general must yield to freedom of religion. Thus, a law exempting certain
applicability (even if the law has the incidental effect of employees from close shop agreements in collective bargaining when
burdening a particular religious practice). But if a law fails their religion prohibits it, should be upheld. (Victoriano v. Elizalde, G.R. No.
the Smith test, it must be: L-25246)
1. Justified by a compelling governmental interest;
and PRIOR RESTRAINT/CENSORSHIP OF RELIGION.
2. Narrowly tailored to advance that interest.
(Church of Lukumi v. City of Hialeah, U.S. No. State regulation. There are two components to the free exercise clause:
91-948) (1) freedom to believe and; (2) freedom to act. The first is absolute but
the second is not absolute. A State may, by general and
2. Philippine Jurisprudence nondiscriminatory legislation, regulate the times, places, and the manner
● Benevolent Neutrality View. Benevolent neutrality gives of soliciting upon its streets, and of holding meetings thereon, and may in
room for accommodation of religious exercises. (Estrada other respects safeguard the peace, good order, and comfort of the
v. Escritor)

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 ARTICLE III | SECTION 5

community without unconstitutionally invading the liberties protected by Flag ceremony. The sole justification for a prior restraint or limitation on
the 14th Amendment. (Cantwell v. Connecticut, 310 U.S. 296) the exercise of religious freedom is the existence of a grave and present
danger of a character both grave and imminent, of a serious evil to public
Religious solicitation. A certification exclusively for religious solicitation safety, public morals, public health or any other legitimate public interest,
is in the form of prior restraint or censorship of religion since the that the State has a right (and duty) to prevent. The expulsion orders of
determination of whether or not a certification will be released depends the students who are members of Jehovah’s Witnesses are not proper
upon the secretary of public welfare. Even if interests are weighed, there because they do not engage in disruptive behavior. (Ebralinag v. Division
must be a showing of a clear and present danger in order for the State to Superintendent of Schools of Cebu, G.R. No. 95770)
limit the freedom of exercise of religion. (Id.) ● The doctrine in Gerona that the flag is completely devoid of any
religious significance is abandoned. Their treatment of the flag as
Good faith in believing. This embraces the right to maintain theories of a religious symbol is well-founded and well-documented.
life and of death. Men may believe what they cannot prove. Hence, when
it comes to issues on free exercise, the question is not the truth or falsity Compulsory school attendance contrary to religious beliefs. The
of the beliefs of the accused. Rather, it is whether or not they believed in State's interest in universal education is not totally free from a balancing
good faith that what they believed in is true. This is because the law process when it impinges on other fundamental rights, such as those
knows no heresy and is committed to the support of no dogma or specifically protected by the Free Exercise Clause of the First Amendment
establishment of a sect. (US v. Ballard, 322 U.S. 78) and the traditional interest of parents with respect to the religious
upbringing of their children. However, to have the protection of the
Selling bibles. Unless the dissemination is done as a business operation religion clause, the claim must be rooted on religious beliefs. (Wisconsin v.
for profit, no license may be required. “The constitutional guarantee of the Yoder, 206 U.S. 205)
free exercise and enjoyment of religious profession and worship carries ● While the State has interest over the education of the children,
with it the right to disseminate religious information. Any restraint of such there is no compelling interest to impose such law against their
right can only be justified like other restraints of freedom of expression on religious beliefs because Amish people remain to be productive
the grounds that there is a clear and present danger of any substantive people of society.
evil which the State has the right to prevent. (American Bible Society v.
City of Manila, G.R. No. L-9637) Religious speech vs. political speech. The tarpaulin displaying electoral
● Moreover, the power to tax the exercise of a privilege is the power candidates as pro-RH and anti-RH Law is political speech, and not
to control or suppress its enjoyment. Those who can tax the religious speech as the Diocese of Bacolod contended. It may have been
exercise of this religious practice can make its exercise so costly displayed out of their ecclesiastical duty, but their actions will bear
as to deprive it of the resources necessary for its maintenance. secular consequences nonetheless. But regardless if it is religious speech
or not, the COMELEC is neither bestowed by law nor jurisprudence to

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 ARTICLE III | SECTION 5

regulate the enjoyment of the preferred right to freedom of expression Benevolent Neutrality v. Strict Separation. Contrary to benevolent
exercised by a non-candidate in this case. (Diocese of Bacolod v. neutrality that allows government policies that take religion into account,
COMELEC, G.R. No. 205728) American jurisprudence of employing strict separation erects an absolute
● While the right to freedom of expression is not absolute, a barrier to formal interdependence of religion and state. Strict separation
regulation of the right would depend if it is a content-based adheres to the belief that only complete separation of religion from
(based on the substance of the speech) or content neutral politics would eliminate the formal influence of religious institutions. (Id.)
regulation (regulates the time, place, and manner of the speech). ● However, the Strict Separation approach faced difficulties
Content-based restraint bears heavy presumption of invalidity because it meant that religious institutions could not receive any
and is measured by clear and present danger. aid from the State, nor could the State adjust its secular programs
● In this case, the size of the tarpaulin was the source of conflict to alleviate burden on believers, putting strict separationists in an
since it was too big by COMELEC standards. The order to take awkward position. Moreover, it was asserted that in real life,
down the tarpaulin was ruled as content-based and invalid since church and state are not and cannot be truly separate. As such,
medium is the message. Philippine jurisprudence has departed from this approach and
adapted benevolent neutrality.
BENEVOLENT NEUTRALITY AND MORALITY
Sherbert Test. This is the applicable test for benevolent neutrality. The
Benevolent Neutrality and Accommodation. Benevolent neutrality gives test involves the following:
room for accommodation of religious exercises as required by the Free 1. Does the law burden the person of his free exercise of religion;
Exercise Clause. It allows breaches in the “wall of separation” of the 2. Is the person sincere in his belief; and
church and state to uphold religious liberty. (Estrada v. Escritor, A.M. No. 3. Does the State have a compelling interest in implementing the
P-02-1651) law/regulation/policy? (Id.)
● Accommodations are government policies that take religion
specifically into account not to promote the government's favored Prohibition on establishing moral standards based on religious
form of religion, but to allow individuals and groups to exercise beliefs. The non-establishment clause bars the State from establishing,
their religion without hindrance. through laws and rules, moral standards according to a specific religion.
● Benevolent neutrality is ascertained as the intended approach of Prohibitions against immorality should be based on a purpose that is
the framers of the constitution, recognizing the religious nature of independent of religious beliefs. When it forms part of our laws, rules, and
the Filipino people and the elevating influence of religion in policies, morality must be secular. Laws and rules of conduct must be
society. based on a secular purpose. (Perfecto v. Esidra, A.M. No. RTJ-15-2417)

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 ARTICLE III | SECTION 5

Religious and secular morality. When laws or rules refer to morals or

immorality, courts should be careful to not overlook the distinction
between secular and religious morality if it is to keep its part in upholding
constitutionality guaranteed rights. (Perfecto v. Esidra, A.M. No.
RTJ-15-2417)
● Religious morality. It is what is good depending on moral
prescriptions of a high moral authority or beliefs in that particular
religion.
● Secular morality. It is independent of any divine moral
prescriptions. What is good or right does not derive its basis from
any religious doctrine, but from the independent moral sense
shared as humans.

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 ARTICLE III | SECTION 6

authority to deport women to another locality within the

Philippines—there is no law, order, regulation, which even hints at the
Section 6. The liberty of abode and of changing the same within the
right of the Mayor of the city of Manila or the chief of police of that city to
limits prescribed by law shall not be impaired except upon lawful order
force citizens of the Philippine Island to change their domicile from Manila
of the court. Neither shall the right to travel be impaired except in the
to another locality. (Villavicencio v. Lukban, G.R. No. L-14639)
interest of national security, public safety, or public health, as may be
provided by law.
Right to return in the country not included. The right to return to one’s
country is not among the rights specifically guaranteed in the Bill of
RIGHT OF ABODE AND THE RIGHT TO TRAVEL Rights, which treats only of the liberty of abode and the right to travel, but
the right to return may be considered, as a generally accepted principle of
Scope. Section 6 includes two rights: the liberty of abode and the liberty international law, thus, part of the law of the land. However, it is distinct
of travel. (Bernas Green Book, p. 375) and separate from the right to travel and enjoys a different protection
under the International Covenant of Civil and Political Rights, i.e., against
Limitations. This may be impaired either “upon lawful order of the court” being “arbitrarily deprived” thereof. (Marcos v. Manglapus, G.R. No.
or even without such order of a court provided that the restriction is 88211)
“necessary in the interest of national security, public safety , or public ● This case is unique. It should not create a precedent, for the case
health.” (Bernas Green Book, p. 376) of a dictator forced out of office and into exile after causing
● An executive officer could impair liberty of abode and of travel twenty years of political, economic and social havoc in the
even without a prior court order provided only that in the country and who within the short space of three years seeks to
executive officer’s judgement was “necessary in the interest of return, is in a class by itself.
national security, public safety, or public health.” (Bernas Green
Book, p. 377) Certificate of residency. The right to change abode and travel within the
● While the right to travel of citizens covers both exit from and entry Philippines, being invoked by petitioner, are not absolute rights. The
into the country, aliens cannot claim the same right. International condition imposed by the Court of Appeals (that he secure a certificate
law provides that every sovereign nation has the power to forbid from the Mayor stating that he is a resident of the area and that he will
the entrance of foreigners within its dominions, or to admit them remain to be a resident therein until final judgment is rendered or in case
only in such cases and upon such conditions as it may see fit to he transfers residence, it must be with prior notice to the court) is simply
prescribe. (Bernas Green Book, p. 379) consistent with the nature and function of a bail bond, which is to ensure
that the petitioner will make himself available at all times whenever the
Deported prostitutes. No one can be compelled to change his or her Court requires his presence. Besides, a closer look at the questioned
home except in accordance with the law. The Mayor of Manila had no condition will show that petitioner is not prevented from changing abode;

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 ARTICLE III | SECTION 6

he is merely required to inform the court in case he does so. (Yap v. CA,
G.R. No. 141529)

Curfew ordinances. Although a fundamental right, the right to travel is

not absolute as the constitution itself allows limitations on the right
provided they serve the interest of national security/public safety/public
health, and are provided by law. The purpose of the curfew ordinances,
specifically the promotion of juvenile safety and prevention of juvenile
crime, inarguably serves the interest of public safety. (SPARK v. Quezon
City, G.R. No. 225442)
● Curfew ordinance must also be the least restrictive means to
protect public safety or the means choses is narrowly tailored to
accomplish the interest. The QC ordinance has been drawn to
sufficiently protect the minors' other fundamental rights, such as:
○ Association and free expression. It enabled minors to
attend both official and extra-curricular activities.
○ Free exercise of religion. It allowed attendance at
religious masses even during curfew hours.
○ Travel. It allowed the minor-participants to move to and
from the places where these activities are held.

Hold Departure Orders. The DOJ may not justify its imposition of
restriction on the right to travel of the subjects of DOJ Circular No. 41 by
resorting to an analogy. Contrary to its claim, it does not have inherent
power to issue a hold-departure order, unlike the courts, or to restrict the
right to travel in [any way]. It is limited to the powers expressly granted to
it by law and may not extend the same on its own accord or by any
skewed interpretation of its authority. Without a valid legislation, the
DOJ's actions will perpetually be met with legal hurdles to the detriment
of the due administration of justice. (Genuino v. De Lima, G.R. No.
197930).

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 ARTICLE III | SECTION 7

● The right may be asserted even against GOCCs because their

function, analogous to that of government agencies, is to serve
Section 7. The right of the people to information on matters of public
the people. (Valmonte v. Belmonte Jr., G.R. No. 74930)
concern shall be recognized. Access to official records, and to
documents and papers pertaining to official acts, transactions, or
Rationale. Access to public records is predicated on the right of the
decisions, as well as to government research data used as basis for
people to acquire information on matters of public concern since, in a
policy development, shall be afforded the citizen, subject to such
democracy, the public has a legitimate interest in matters of social and
limitations as may be provided by law.
political significance. The incorporation of this right in the Constitution is a
recognition of the fundamental role of free exchange of information in a
THE RIGHT TO INFORMATION democracy.
● There can be no realistic perception by the public of the nation’s
Right. to information Section 7 guarantees only one general right, the problems nor meaningful democratic decision-making if they are
right to information on matters of public concern. The right of access to denied access to information of general interest. Information is
official records is given as an implementation of the right to information. needed to enable the members of society to cope with the
(Bernas Green Book, p. 381) exigencies of the times. As has been aptly observed: “Maintaining
the flow of such information depends on protection for both its
Self-executory. The right of access to public documents and records is a acquisition and its dissemination since, if either process is
self-executory constitutional right. (Id.) interrupted, the flow inevitably ceases.” (Province of North
Cotabato v. GRP Panel, G.R. Nos. 183591, 183752, 183893,
Who may challenge. It is a public right where every citizen has standing 183951)
to challenge any violation of the right and may seek its enforcement by ● The objective is to promote transparency in policy-making and in
mandamus. (Legaspi v. CSC, G.R. No. L-72119) the operations of the government, as well as provide the people
sufficient information to exercise effectively other constitutional
This right may be regulated. The regulation may come from statutory rights. They are also essential to hold public officials "at all times
law and “of the inherent power of an officer to control his office and the accountable to the people," for unless citizens have the proper
records under his custody and…to exercise [some discretion] as to the information, they cannot hold public officials accountable for
manner in which persons desiring to inspect, examine, or copy the record anything. (Initiatives v. PSALM, G.R. No. 192088)
may exercise their rights.” (Bernas Green Book, p. 381)
● Regulatory discretion must include both authority to determine
what matters are of public concern and authority to determine the
manner of access to them. (Id.)

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 ARTICLE III | SECTION 7

Scope. As provided by Sec. 7, Art. III of the 1987 Constitution,the right to ○ Closed-door Cabinet meeting;
information includes the right of access to: ○ Executive sessions of either house of Congress; and
1. Official records; ○ Internal deliberations. (Sereno v. Committee, G.R. No.
2. Documents and papers pertaining to official acts, transactions, or 175210)
decisions; ● Court records. Decisions and opinions of a court are matters of
3. Government research data used as basis for policy development; public concern or interest. Pleadings and other documents filed
and by parties to a case need not be matters of public concern of
4. Any other information on matters which is of public concern. interest.
○ Access is subject to the supervisory and protective
Exceptions. powers of the court, after considering the actual use or
● National security matters. State secrets regarding military, purpose for which the request for access is based and
diplomatic and other national security and information on the obvious prejudice to any of the parties. (Hilado v.
inter-government exchanges prior to the conclusion of treaties Reyes, cited in Bernas Green Book, p.386)
and executive agreements. These may be examined “in strict
confidence” and given “scrupulous protection.” (Bernas Green “Matters of public concern.” It is for the courts to determine on a case
Book, p.382) by case basis whether the matter at issue is of interest or importance, as
● Trade secrets and banking transactions. This follows the it relates to or affects the public. (Legaspi v. Civil Service Commission,
Intellectual Property Code (R.A. No. 8283) and other related laws, G.R. No. L-72119)
and to Secrecy of Bank Deposits Act (R.A. No. 1405)
○ The Securities Regulation Code is explicit that the SEC is The test for validity of a law which curtails the right to information.
not required or authorized to require the revelation of The standards that have been developed for the regulation of speech and
trade secrets of processes in any application, report or press and of assembly and petition and of association are applicable to
document filed with the Commission. (Air Philippines v. the right of access to information. (Bernas Green Book, p.385)
Pennswell, Inc., cited in Bernas Green Book, p.386)
● Criminal matters “such as those relating to the apprehension, INFORMATION AND ACCESS TO PUBLIC RECORDS
the prosecution and the detention of criminals, which courts may
not inquire into prior to such arrest, detention and prosecution.” Limitations on Access of Information. Legislature may provide
(Bernas Primer, p. 95) reasonable conditions and limitations upon the access to be afforded
● Other confidential matters “confidential or classified information which must be consistent with the declared State policy of full public
officially known to them by reason of their office and not made disclosure of all transactions involving public interest. (Legaspi v. CSC,
available to the public.” G.R. No. L-72119)

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 ARTICLE III | SECTION 7

Diplomatic negotiations. The offers exchanged by the parties during the

Civil service eligibility of a sanitarian is of public concern. In the negotiations continue to be privileged even after the JPEPA is published.
absence of express limitations under the law upon access to the register It is reasonable to conclude that the Japanese representatives submitted
of civil service eligibles for said position, the duty of the CSC to confirm or their offers with the understanding that “historic confidentiality” would
deny the civil service eligibility of any person occupying the position govern the same. Disclosing these offers could impair the ability of the
becomes imperative. (Legaspi v. CSC, G.R. No. L-72119) Philippines to deal not only with Japan but with other foreign
governments in future negotiations. (Akbayan v. Aquino, G.R. No. 170516)
Right to information and access to official records. The government,
whether carrying out its sovereign attributes or running some business, Minutes of E.O. 486. Every claim of exemption, being a limitation on a
discharges the same function of service to the people, including access right constitutionally granted to the people, is liberally construed in favor
to official records. The right to information does not include the right to of disclosure and strictly against the claim of confidentiality. So when
compel custodians of official records to prepare lists, abstracts, Paras requested from CTRM and NEDA for the minutes involving the
summaries and the like. The constitutional right to information is not an lifting of the suspension of the tariff reduction schedule the Court held
absolute right, hence, before mandamus may issue: (1) It must be clear that the minutes are considered a discussion during a closed-door
that the information sought is of “public interest” or “public concern”; and Cabinet Meeting. Although not all members of the meeting are part of the
(2) that the same is not exempted by law from the operation of this cabinet, it is still one of the exceptions due to the nature of the
constitutional right. Since the requested information of Valmonte (list of information. (Sereno v. Committee on Trade and Related Matters (CTRM)
names of opposition members) is of public concern and is not exempted of the National Economic and Development Authority (NEDA), G.R. No.
by law, the court cannot compel custodians to prepare a list through writ 175210)
of mandamus. (Valmonte v. Belmonte, Jr., G.R. No. 74930)
Deliberative process privilege. The deliberative process privilege
Documents or records after deliberation. The examination of applies if its purpose is served, that is, “to protect the frank exchange of
documents or records made after deliberation is not an exception to the ideas and opinions critical to the government’s decision-making process
access to official records. Thus, when Aquino-Sarmiento requested from where disclosure would discourage such discussion in the future.”(DFA v.
MTRCB records officer the board's records pertaining to the voting slips BCA International, G.R. No. 210858)
accomplished by the individual board members after a review of the ● According to Chavez v. Public Estates Authority, before a definite
movies and television productions, the court held that these records are proposition is reached, there are no official transactions or
not part of the exceptions since it is not concerned with deliberations but decisions which can be accessed by the public under the right to
are records after the decision. (Aquino-Sarmiento v. Morato, G.R. No. information. However, this does not mean that the privileged
92541) character of the information ends once a definite proposition is
adopted.

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 ARTICLE III | SECTION 7

● The deliberative process privilege has two requirements:

1. Predecisional. Antecedent to the adoption of an agency
policy.
2. Deliberative. A direct part of the deliberative process in
that it makes recommendations or expresses opinions on
legal or policy matters.
● The deliberative process privilege can also be invoked in
arbitration proceedings under RA No. 9285.
● A party can disclose privileged information in its possession, even
without the consent of the other party, if the disclosure is to a
tribunal. However, a party cannot be compelled by the other
party to disclose privileged information to the tribunal, where
such privileged information is in its possession and not in the
possession of the party seeking the compulsory disclosure.
● Thus, when BCA filed before the RTC a Petition for Assistance in
Taking Evidence concerning its arbitration case with DFA, the
Court remanded the case to RTC to determine if the evidence
sought is covered by deliberative process privilege.

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 ARTICLE III | SECTION 8

Limitations. The right guaranteed in this section is subject to the

Section 8. The right of the people, including those employed in the
condition that its exercise should be for purposes ‘not contrary to law.’
public and private sectors, to form unions, associations, or societies for
● Not all societies and associations enjoy the same constitutional
purposes not contrary to law shall not be abridged.
protection. The Constitution recognizes a hierarchy of values.
(Philippine Blooming Mills Employees v. Philippine Blooming Mills,
THE RIGHT TO FORM ASSOCIATIONS G.R. No. L-31195)
● The degree of protection an association enjoys depends on the
All this means is that the right to form associations shall not be impaired position which the association's objective or activity occupies in
except through a valid exercise of police power. It is therefore an aspect the constitutional hierarchy of values. For instance, where the
of the general right of liberty. More specifically, it is an aspect of freedom object of an association is the advancement of a common
of contract; and in so far as associations may have for their object the political belief such as racial equality, any law that either has the
advancement of beliefs and ideas, freedom of association is an aspect of effect of limiting membership in such association or blunting its
freedom of expression and of belief. (Bernas Green Book, pp. 367-368) effectivity must satisfy the more stringent standards for allowable
limitation of expression and belief. (NAACP v. Button, 371 U.S.
Scope. Persons (both in the public and private sectors) may form — 415)
unions, associations, and societies. The right is recognized as belonging
to the people whether employed or unemployed, and whether employed Managerial employees. The court upheld the validity of Art. 245 of the
in the government or in the private sector. (Bernas Green Book, p. 389) Labor Code which states that: “Managerial Employees are not eligible to
join, assist or form any labor organization.” It reasoned that “if these
It does not include the right to compel others to form an association. managerial employees would belong to or be affiliated with a Union, the
But there may be situations in which, by entering into a contract, one may latter might not be assured of their loyalty to the Union in view of evident
also be agreeing to join an association. Some examples are : conflict of interest.” (United Pepsi-Cola Supervisory Union v. Laguesma,
● When one buys a lot with an annotated lien that the lot owner G.R. No. 122226)
becomes an automatic member of a homeowners’ association
(Bel-Air Village Association v. Dionisio, cited in Bernas Green Communist organizations. The court does not believe that mere
Book, p. 389); and membership in the Communist Party or in the CLP renders the members
● When one becomes an employee of an establishment that has a guilty either of rebellion or of conspiracy to commit rebellion. Mere
closed shop agreement with a union thereby becoming a member membership and nothing more merely implies advocacy of abstract
of the union. (Tanduay Distillery Labor Union v. NLRC, cited in theory or principle without any action being induced thereby; and that
Bernas Green Book, p.389)

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 ARTICLE III | SECTION 8

such advocacy only becomes criminal only if it is coupled with action or Public school teachers. Public school teachers have the right to
advocacy of action. (People v. Hernandez, G.R. Nos. L-6025 & L-6026) peaceably assemble for redress of grievances but NOT during class
hours, for then this would render the strike illegal for them. (Concurring
HMB (Hukbalahap). By membership in the HMB, one already advocates Opinion, Manila Public School Teachers v. Laguio, Jr., G.R. No. 95445)
uprising and the use of force, and by such membership he agrees or
conspires that force be used to secure the ends of the party. Such Automatic membership of buyer. The “automatic membership” clause
membership, therefore, even if there is nothing more, renders the member did not violate the Freedom of Association clause. PADCOM acquired a
guilty of conspiracy to commit rebellion punishable by law. (People v. parcel of land, but there was a requirement that the transferee and its
Lava, G.R. Nos. L-4974-78, L-4975, L-4976, L-4977, L-4978) successor-in-interest must become members of an association for realty
owners and long-term lessees in the area later known as the Ortigas
SSS employees. Government employees are not allowed to strike in the Center. The court held that PADCOM was never forced to join the
absence of legislation allowing them to do so. (SSS Employees v. CA, association. It could have avoided such membership by not buying the
G.R. No. 85279 ) land from TDC. PADCOM voluntarily agreed to be bound by and respect
● At present, in the absence of any legislation allowing government the condition, and thus to join the Association. (Padcom v. Ortigas Center,
employees to strike, recognizing their right to do so, or regulating G.R. No. 146807)
the exercise of the right, they are prohibited from striking, by
express provision of Memorandum Circular No. 6 and as implied
in E.O. No. 180.
● A reading of the proceedings of the 1987 Constitutional
Committee would show that in recognizing the right of
government employees to organize, the commissioners intended
to limit the right to the formation of unions or associations only,
without including the right to strike
● Instead of going on strike, government employees may, through
their unions or associations, either:
1. Petition the Congress for the betterment of the terms and
conditions of employment which are within the ambit of
legislation; or
2. Negotiate with the appropriate government agencies for
the improvement of those which are not fixed by law.

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 ARTICLE III | SECTION 9

Who may exercise the power of eminent domain. It is vested in the

legislature, and may be delegated to:
Section 9. Private property shall not be taken for public use without
● President;
just compensation.
● Administrative bodies;
● Local government units; and
POWER OF EMINENT DOMAIN ● Private enterprises performing public services. (City of Manila v.
Chinese Community of Manila, G.R. No. L-14355)
Power of eminent domain. It is the inherent power of the state to take
private property for public use upon payment of just compensation. It is LIMITS OF LOCAL GOVERNMENTS SPECIFIED BY LAW
inherently possessed by the state and exercised by the national ON DELEGATED POWER
government. (Bernas Primer, p. 98)
Requisites of Expropriation by LGU.
Related provisions in the 1987 Constitution. 1. An ordinance is enacted by the local legislative council
● Sec. 18. Art. XII: “The State may, in the interest of national authorizing the local chief executive, on behalf of the LGU;
welfare or defense, establish and operate vital industries and, ● Thus, a local government may not expropriate on the
upon payment of just compensation, transfer to public ownership strength of a sanggunian resolution alone. (Heirs of
utilities and other private enterprises to be operated by the Suguitan v. City of Mandaluyong, G.R. No. 135087)
government.” 2. The power of eminent domain is exercised for public use,
● Sec. 4, Art. XIII (on land reform) purpose, or welfare, or for the benefit of the poor and the
● Sec. 22, Art. XVIII (on idle or abandoned agricultural lands) landless;
● Sec. 18, Art XII (public utilities) 3. There is payment of just compensation;
4. A valid and definite offer has been previously made to the owner
Scope. In the hands of Congress, the power is plenary. (Barlin v. Ramirez, of the property, but said offer was not accepted” (Sec. 19 of the
G.R. No. L-2382) Local Government Code; R.A. No. 7160);
5. A genuine necessity for the expropriation must exist; and
Distinguished from police power. Police power regulates or may even 6. The procedure for expropriation under Rule 67 on Civil
destroy private property, but there is no transfer of ownership nor Procedure must be complied with. (National Corporation v.
compensation; eminent domain transfers ownership and must be Posada, G.R. No. 191945)
compensated. (Bernas Primer, p. 98)

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 ARTICLE III | SECTION 9

With respect to (1) the order of priority in acquiring land for socialized its powers, duties and functions, as well as its assets and liabilities,
housing and, (2) the resort to expropriation proceedings as a means reverted to and were re-assumed by the Republic of the Philippines, in
to acquiring it: Private lands rank last in the order of priority for the absence of any special provision of law specifying some other
purposes of socialized housing. In the same vein, expropriation disposition thereof. While the power of eminent domain is, in principle,
proceedings may be resorted to only after the other modes of acquisition vested primarily in the legislative department of the government, no new
are exhausted. legislative act is necessary should the Republic decide, upon being
substituted for ISA, in fact to continue to prosecute the expropriation
Not proper as a substitute for the enforcement of a valid contract. proceedings. (Iron and Steel Authority v. CA, G.R. No. 102975)
Expropriation lies only when it is made necessary by the opposition of the
owner to the sale or by the lack of any agreement as to price. When there RIGHTS OF OWNER BEFORE EXPROPRIATION
is a valid and subsisting contract, between the owners of the property
and the expropriating authority, there is no reason for the expropriation. Rights prior to expropriation. In a case where the Sangguniang Bayan
(Noble v. City of Manila, G.R. No. 44142) claims that a particular lot is not the property of the petitioners, it was
held that until expropriation proceedings are instituted in Court, the
Power of eminent domain cannot be waived. The state may not enter landowner cannot be deprived of its right over the land. (Greater Balanga
into a contract which in effect binds it not to exercise the power of v. Municipality of Balanga,G.R. No. 83987)
eminent domain. (Bernas Primer, p. 103)
ELEMENTS IN THE EXERCISE OF EMINENT DOMAIN
Effects of reversion. The taking of private property, consequent to the
Government’s exercise of its power of eminent domain, is always subject 1. There is a “taking” of private property
to the condition that the property be devoted to the specific public 2. The taking ust be for needed “public use”
purpose for which it was taken. Thus, where the National Airport 3. There must be “just compensation”
Corporation expropriated petitioner’s land for the Lahug Airport expansion
project, the project’s discontinuance provides for a right of reconveyance
1. “TAKING” OF PRIVATE PROPERTY
to the original property owners. (Vda. de Ouana v. Republic, G.R. No.
1687702)
Requisites of taking.
1. The expropriator must enter upon the private property;
POWER TO UNDERTAKE EXPROPRIATION CASES 2. The entrance must not be for a momentary period (i.e. must be
permanent);
Substitution of the Republic. When the statutory life of the Iron & Steel 3. The entry must be under warrant or color of legal authority;
Authority (ISA), a non-incorporated entity of government, expired in 1988,

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 ARTICLE III | SECTION 9

4. The property must be devoted to public use or otherwise of lease, it was held that such lease was not a taking which would
informally appropriated or injuriously affected; and preclude non-renewal, thus:
5. The utilization of the property must be in such a way as to oust 1. Entrance into private property was for a momentary period only.
the owner and deprive him of all beneficial enjoyment of the Their intention cannot prevail over the clear and express terms of
property. (Republic v. Vda. de Castellvi, G.R. No. L-20620) the contract which is a lease on a year to year basis; and
2. Utilization of the property did not oust the owner nor deprive him
Types of taking: of all beneficial enjoyment of the property. The latter remained the
● Actual taking. Where property is actually disposed without legal owner through the lease contract and was receiving monthly
right rentals.
● Constructive taking. Where there is impairment of value of the Mere notice, much less an implied notice, of intention to occupy the land
property (Class Discussion) permanently on the part of the Republic to expropriate the lands in the
future could not bind the landowner, nor bind the land itself. The
Municipal property. There can be taking of municipal property provided expropriation must be actually commenced in court. (Republic v. Vda de
that it is patrimonial in nature. (Bernas Primer, p. 99) Castellvi)

Due process in taking. It is imperative that before a writ of possession is Measure of value of property taken based on diminution of value. It is
issued by the Court in expropriation proceedings, the following requisites the owner’s loss, not the taker’s gain, which is the measure of the value of
must be met: the property taken. In a case where the planes’ flights over respondents’
1. There must be a complaint for expropriation sufficient in form and chicken farm rendered it uninhabitable, there would be a taking
in substance; compensable under the Fifth Amendment. Even though the planes never
2. A provisional determination of just compensation for the touched the surface, the owner’s right to possess and exploit the land or
properties sought to be expropriated must be made by the trial its beneficial ownership was destroyed. Thus, the diminution of value of
court on the basis of judicial (not legislative or executive) property which entitles the owners to just compensation. (US v. Causby,
discretion; and 328 U.S. 258)
3. The deposit requirement under Section 2, Rule 67 must be
complied with. (Municipality of Cordova v. Pathfinder Capacity of the government to require public utilities to contract with
Development Corp, G.R. No. 205544) them. If under the Constitution, the State may, in the interest of national
welfare, transfer utilities (such as PLDT) to public ownership upon
Rent by military; elements of taking not complete. Where an owner’s payment of just compensation, there is no reason why the state may not
property was occupied by the PH Air Force since 1947 under a contract require a public utility to render services in the general interest, provided
just compensation is paid therefor. (Republic v. PLDT, G.R. No. L-18841)

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Not taking when there is still control of the owner. In deciding whether general welfare. As long as the purpose of the taking is public, then the
a particular governmental action has affected a taking, the Court looks at: power of eminent domain comes into play. The public character of
1. The economic impact of the regulation and the extent to which it socialized housing measures does not change because units in housing
interferes with distinct investment-backed expectations; and projects cannot be occupied by all but only by those who satisfy
2. The character of government action. prescribed qualifications. The constitution in at least two cases
This was applied in a case where the Grand Central Terminal was determines what public use is:
designated as a landmark, as restrictions imposed are substantially 1. The expropriation of lands to be subdivided into small lots for
related to the promotion of the general welfare and permit reasonable resale at cost to individuals; and
beneficial use of the landmark site. Note that the Landmarks Preservation 2. The other is in the transfer, through the exercise of this power, of
Law did not transfer control of the property to the city, but only restricted utilities and other private enterprise to the government.
appellants’ use of it. (Penn Central Transportation v. New York City, 438 (Sumulong v. Guerrero, G.R. No. L-48685)
U.S. 104).
Broader notion of indirect public benefit or advantage. Public use now
Compelling free parking spaces in malls constitutes unlawful taking. includes the broader notion of indirect public benefit or advantage,
Where corporations in the mall industry were compelled by the OSG to including urban land reform and housing. The state shall, by law, and for
provide free parking spaces to decongest traffic pursuant to the National the common good, undertake, in cooperation with the private sector, a
Building code, totally prohibiting respondents from collecting parking fees continuing program of urban land reform and housing which will make
from the public for the use of the mall parking facilities, the State was available at affordable cost decent housing and basic services to
held to be acting beyond the bounds of police power. Regulation that underprivileged and homeless citizens in urban centers and resettlement
deprives any person of the profitable use of his property constitutes a areas. (Phil. Columbian Assn. v. Hon. Panis, G.R. No. L-106528)
taking, even without loss of title and possession like requiring free parking ● The City of Manila, acting through its legislative branch, has the
in malls. (OSG v. Ayala, G.R. No. 177056) express power to acquire private lands in the city and subdivide
these lands into home lots for sale to bona fide tenants or
2. TAKING MUST BE FOR NEEDED “PUBLIC USE” occupants thereof, and to laborers and low-salaried employees of
the city.
Public use. It is equivalent to “public welfare” in police power.
Expropriation for socialized housing, for instance, is for public use. 3. “JUST COMPENSATION”
(Bernas Primer, p. 100)
Who are entitled? All those whose rights might be affected by the taking
Housing is for public use. Shortage in housing is a matter of state of the state. (Bernas Primer, p. 101)
concern since it affects public health, safety, environment and in sum, the

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Just compensation. “The just and complete equivalent of the loss which ● Fair market value: sum of money which a person desirous but
the owner of the thing expropriated has to suffer by reason of the not compelled to buy, and an owner willing but not compelled to
expropriation.”; Payment that matches “market value”; “The payment at sell, would agree on as a price to be paid by the buyer and
which the property will command if the seller is not bound to sell and the received by the seller. (Republic v. BPI)
buyer is not bound to buy.” ● Consequential damages: to property not taken; damages to
● Arrived based on an evaluation of principally, the nature and other interests of the owner that can be attributed to the
character of the land at the time of taking expropriation. (Id.)
● Other factors include: future convertibility, change in value of ● Consequential benefits: to be deprived by the owners; the
peso, value of standing crops, time of taking increase in the value of the other interests of the owner that can
● Must be direct payments, not just deposits be attributed to the new use to which his former property will be
● May be in the form of money or government bonds, as long as it put by the expropriating authority. (Id.)
is certain
● “Within a reasonable time” is five years from the finality of Point of reference for valuating a piece of property.
judgment (Class Discussion) ● General rule. Value must be that as of the time of the filing of the
complaint for expropriation. (Sec. 4, Rule 67, Rules of Court)
General rule. Just compensation is the full and fair equivalent of the ● Exceptions.
property sought to be expropriated. The general rule is that the just 1. When the filling of the case comes later than the time of
compensation to which the owner of the condemned property is entitled taking and meanwhile the value of the property has
to is the market value. (Republic v. BPI, G.R. No. 203039) increased because of the use to which the expropriator
has put it, the value is that of the time of the earlier
Exception. Consequential damages are awarded if as a result of the taking; and
expropriation, the remaining property of the owner suffers from an 2. Where this court fixed the value of the property as of
impairment or decrease in value. The general rule, however, is modified the date it was taken and not the date of the
where only a part of a certain property is expropriated. In such a case, the commencement of the expropriation proceedings. (NPC
owner is not restricted to compensation for the portion actually taken, he v. Lucman Ibrahim, G.R. No. 1687320)
is also entitled to recover the consequential damage, if any, to the ● Exception to the exception. If the value increased
remaining part of the property. (Id.) independently of what the expropriator did, then the value is that
of the filing of the case. (Id.)
Formula for computation. Fair market value + consequential damages Valuation report of the commissioners merely recommendatory. It is
(to property not taken) - consequential benefits (to be deprived by the not final nor conclusive. The judgment of the court is necessary to give
owners). (Class Discussion) effect to the proceedings. From the mere reading of the said section

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suggests that the court is permitted to act upon the commissioner’s owners, it was held that there was no valid expropriation. (San Roque v.
report in one of several ways, at its own discretion. (City of Manila v. Republic, G.R. No. 163130)
Estrada, G.R. No. 7749)
● In those cases where the right of eminent domain has been JUDICIAL REVIEW
exercised and where the provisions of the above section have
been complied with, the court may examine the testimony and General rule. The exercise of the powers of eminent domain are subject
decide the case by a preponderance of the evidence; or, in other to judicial review, particularly:
words, retry the case upon the merits and render such order or 1. the adequacy of the compensation;
judgment as justice and equity may require. 2. the necessity of the taking; and
● Procedural due process. Parties must be given the chance to be 3. the “public use” character of the purpose of the taking. (Bernas
heard before the commissioners in determining just Primer, p. 102)
compensation because expropriation cases involve the painful
deprivation of property for public purposes. This is strict; Exception. When it is exercised directly by Congress, and not through
insufficient that an MR in an expropriation case cures the defect subordinate bodies. (Id.)
in due process. (Class Discussion) ● See, however: De Knecht v. Bautista.

Inflation rate not included. In determining just compensation, the When subject to review by courts. While the question of the necessity
inflation rate is already accounted for in the payment of interest and in the for taking rests in the discretion of the grantee power, it is still subject to
amount due to the landowner, and through the award of exemplary review by the courts. The government may not capriciously or arbitrarily
damages and attorney’s fees in cases where there was irregularity in the choose what private property should be taken. The choice of property
taking of property. (NPC v. Manalastas, G.R. No. 196140) must be examined for bad faith, arbitrariness or capriciousness and due
process determination as to whether or not the proposed location was
Clear and convincing evidence of full payment. The state must show proper in terms of the public interests. (De Knecht v. Bautista, G.R. No.
clear and convincing evidence of full payment of just compensation and L-51078)
receipt by property owners as well as the registration of the subject ● The power of Congress to designate the particular property to be
properties. Without full payment of just compensation, there can be no taken and how much thereof may be condemned in the exercise
transfer of title from the landowner to the expropriator. Eminent domain of the power of expropriation, it is still a judicial question whether
cases are to be strictly construed against the expropriator. Thus, where in the exercise of such competence, the party adversely affected
the republic manifestly failed to present clear and convincing evidence of is the victim of partiality and prejudice. That the equal protection
full payment of just compensation and receipt thereof by the property clause will not allow.

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Jurisdiction. Jurisdiction over a complaint for eminent domain is with the expropriation of properties in question and thereafter by enacting the
Regional Trial Court. While the value of the property to be expropriated is corresponding legislation as it did in this case. The Court agrees in the
estimated in monetary terms — for the court is duty bound to determine wisdom and necessity of enacting BP 340. Thus the anterior decision of
the amount of just compensation to be paid for the property — it is the Court must yield to the subsequent legislative fiat. (Republic v. De
merely incidental to the expropriation suit. (Barangay San Roque, Talisay, Knecht, G.R. No. 87335)
Cebu v. Heirs of Francisco Pastor, G.R. No. 138896)
Applicability of “res judicata”. When once the right to expropriate has
Due process. Some form of proceeding is needed wherein notice and been denied the state in a specific case, it does not mean that the state
reasonable opportunity to be heard are given to the owner to protect his may not come back to the same property. The very nature of eminent
property rights. There are exceptional situations when, in the exercise of domain, as an inherent power of the state, dictates that the right to
the power of eminent domain, the requirement of due process may not exercise the power be absolute and unfettered by a prior judgment or res
necessarily entail judicial process. But where it is alleged that in the taking judicata. (Bernas Primer, p. 103)
of a person's property, his right to due process of law has been violated, ● However, the impropriety of res judicata does apply to specific
the courts will have to step in and probe into such an alleged violation. issues decided in a previous case (i.e. a final judgment dismissing
(Manotoc v. NHA, G.R. No. L-55166) an expropriation suit on the ground that there was no prior offer).
● The market value stated by the city assessor alone cannot Still, this is not a bar from the state from complying with
substitute for the court's judgment in expropriation proceedings. requirements then coming back to the property.
It violated the due process and the eminent domain provisions of ● Although final judgment has been the law of the case between
the Constitution to deny a property owner the opportunity to the parties, the State has a right to take by: a) Voluntary
prove that the valuation made by a local assessor is wrong or negotiation with owners b) Taking appropriate court action, and c)
prejudiced. Legislation (Class Discussion)

Supervening events may re-validate property previously held to be ENTRY PRIOR TO FULL PAYMENT
invalidly expropriated by the court. When BP 340 was passed, it
appears that it was based on supervening events that occurred after the Generally no taking until just compensation. The payment of just
1980 decision on the previous De Knecht case was rendered (which held compensation for private property taken for public use is an
that the property was invalidly expropriated). The social impact factor indispensable requisite for the exercise of the State's sovereign power of
which persuaded the Court to consider this extension to be arbitrary had eminent domain. Failure to observe this requirement renders the taking
disappeared. The said decision is no obstacle to the legislative arm of the futile. (San Roque v. Republic, G.R. No. 163130)
Government in thereafter making its own independent assessment of the
circumstances then prevailing as to the propriety of undertaking the

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Requisites for authorizing immediate entry.

● For LGU
1. The filing of a complaint for expropriation sufficient in
form and substance; and
2. The deposit of the amount equivalent to 15% of the fair
market value of the property to be expropriated based
on its current tax declaration. (Sec. 19, Local Government
Code)
● For National Government
1. The filing of a complaint for expropriation sufficient in
form and substance; and
2. The making of a deposit equivalent to the assessed
value of the property subject to expropriation. Upon
compliance with the requirements the issuance of the writ
of possession becomes ministerial. (Rule 67 of the 1997
Revised Rules of Civil Procedure)
● For public works:
○ RA 8974 requires the government, in infrastructure
projects, to make a direct payment of the proffered
value of the property. (Bernas Green Book, p. 405)

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 ARTICLE III | SECTION 10

● A change, therefore in the Catholic Church’s canon law which

affects the contractual relation between parties with reference to
Section 10. No law impairing the obligation of contracts shall be
internal affairs of the church is not one covered by the
passed.
constitutional prohibition. (Gonzales v. Roman Catholic
Archbishop, cited in Bernas Green Book, p. 445)
Application of prohibition. The non-impairment clause does not prohibit
every change in existing laws. In order for this clause to be violated the Superiority of police power. The constitutional guarantee of
following must be present: non-impairment is limited by the exercise of the police power of the state,
1. The obligation of the existing contract must be impaired by the in the interest of public health, safety, morals, and general welfare. (Abe v.
change in the law; Foster Wheeler, cited in Bernas Green Book, p. 455)
2. Such impairment of the obligation must be substantial; and ● Obligations arising from franchises, although covered by the
3. The law effecting the change is enacted by a governmental contract clause, are subject to modification by police power.
law-making body. (Bernas Green Book, pp. 444-445) (Bernas Primer, p. 105; also see Sec.11, Art. XII)
● Limitations on the use of land imposed by contract yield to a
Substantial impairment. A law which changes the terms of a legal reasonable exercise of police power. Zoning regulations are
contract between parties, either in the time or mode of performance, or superior to contractual restrictions on the use of property. (Ortigas
imposes new conditions, or dispenses with those expressed, or & Co. v. FEATI Bank, G.R. No. L-24670)
authorities for its satisfaction something different from that provided in its ● Timber licenses, permits, and license agreements are the
terms; hence, it is null and void. (Clemons v. Nolting, cited in Bernas principal instruments by which the State regulates the utilization
Green Book, p. 445) and disposition of forest resources to the end that public welfare
● A mere change in procedural remedies which does not change the is promoted. (C&M Timber Corporation v. Alcala, cited in Bernas
substance of a contract and which at the same time still leaves an Green Book, p. 462)
efficacious remedy for enforcement does not impair the obligation of
contracts. (Manila Trading v. Reyes, cited in Bernas Green Book, p. Superiority of religious freedom. As to freedom of religion, the Court
451) ruled that the free exercise of religion is superior to contract rights.
(Victoriano v. Elizalde, cited in Bernas Green Book, p. 461)
Scope of the non-impairment clause. The non-impairment clause is a
limit on the exercise of legislative power and not on the exercise of
judicial or quasi-judicial power. (Lim v. Secretary of Agriculture, cited in
Bernas Green Book, p. 452)

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 ARTICLE III | SECTION 10

Alteration of a contract. The power to tax, which is also a sovereign MORATORIUM LAWS
power, can cause the alteration of a contract. Generally, the imposition of
a tax does not alter the relationship between parties but only the Unreasonable delay of 8 years. Moratorium laws are a valid exercise of
relationship between the parties and the state who may not be a party to police power. They are a postponement of fulfillment of obligations and
the contract. (Bernas Green Book, p. 462) are used to secure peace and order during times of war and financial
crisis. (Rutter v. Esteban, G.R. No. L-3708)
Parties of the contract. To come under the constitutional prohibition, ● Laws altering existing contracts will constitute an impairment of
however, the law must effect a change on the rights of the parties with the contract clause only if they are unreasonable in the light of the
reference to each other and not with reference to non-parties. (Bernas circumstances occasioning their enactment. Hence, the
Green Book, p. 445) moratorium laws (R.A. No. 342, E.O. No. 25 & 32) are
● Article 284 as amended refers to employment benefits to farm unreasonable since they would make the creditor wait at least 12
hands who were not parties to the petitioner's lease contract with years before the obligation could be considered demandable.
the owner of Hacienda Danao-Ramona. That contract cannot
have the effect of annulling subsequent legislation designed to Extended mortgage redemption. The contract clause must be
protect the interest of the working class. (Abella v. NLRC, G.R. construed in harmony with the reserved power of the State to safeguard
No. 71813) the vital interests of her people. Reservation of such essential sovereign
power is read into contracts. All contracts are subject to the right of
The law is deemed written into the contract. It is a basic rule in eminent domain. (Home Building and Loan Association. v. Blaisdell, 290
contracts that the law is deemed written into the contract between the U.S. 398)
parties. The incorporation of regulations into contracts is a postulate of ● The clause providing that no State shall pass any law impairing
the police power of the State. (SWS v. COMELEC, G.R. No. 983763) the obligation of contracts is not to be applied with literal
exactness, like a mathematical formula, but is one of the broad
Changes made by subsequent laws. Impairment is anything that clauses of the Constitution which require construction to fill out
diminishes the efficacy of the contract. There is an impairment if a details.
subsequent law changes the terms of a contract between the parties, ● The obligation of a contract is not impaired by a law modifying
imposes new conditions, dispenses with those agreed upon or withdraws the remedy for its enforcement but not so as to impair substantial
remedies for the enforcement of the rights of the parties. (Goldenway rights secured by the contract.
Merchandising Corp v. Equitable PCI, G.R. No. 195540) ● Economic conditions may arise in which a temporary restraint of
enforcement of contracts will be consistent with the spirit and
purpose of the contract clause, and thus be within the range of

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 ARTICLE III | SECTION 10

the reserved power of the State to protect the vital interests of the MINING AGREEMENTS
community.
Conversion of existing mining leases. Obligations of contracts must
CONTRACTUAL STIPULATIONS ON USE OF LAND yield to proper exercise of police power when for public interest. The
exploration, development and utilization of the country’s natural resources
Commercial zone. Although contractual stipulations are binding for the are matters vital to the public interest and the general welfare of the
parties concerned, they can still be impaired if necessary to reconcile with people. (Miners Association v. Factoran, G.R. No. 98332; also see Art. XII,
the legitimate exercise of police power, also when they are contrary to Sec. 2)
law, morals, good customs, public order, or public policy. (Presley v.
Bel-Air Village Association, G.R. No. 86774)
● All contracts are subject to the overriding demands, needs, and
interests of the greater number as the State may determine in the
legitimate exercise of police power.

Resolution Order No. 27. The state, in order to promote the general
welfare, may interfere with personal liberty, with property, and with
business and occupations. Persons may be subjected to all kinds of
restraints and burdens, in order to secure the general comfort, health and
prosperity of the state and to this fundamental aim of our Government,
the rights of the individual are subordinated. (Ortigas v. Feati Bank, G.R.
No. L-24670)
● Police power is superior to contractual stipulations between
parties on the use of lands sold by subdivisions even if said
conditions are annotated on the Torrens Title.
● The Local Autonomy Act empowers a Municipal Council “to
adopt zoning and subdivision ordinances or regulations.”

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 ARTICLE III | SECTION 11

person with sufficient income or property, the proper docket and other
lawful fees shall be assessed and collected by the clerk of court. If
Section 11. Free access to the courts and quasi-judicial bodies and
payment is not made within the time fixed by the court, execution shall
adequate legal assistance shall not be denied to any person by reason
issue or the payment thereof, without prejudice to such other sanctions
of poverty.
as the court may impose. (Section 21, Rule 3, New Rules of Court)

FREE ACCESS TO COURTS Persons protected. Those protected include low paid employees,
domestic servants, and laborers. (Cabangis v. Almeda Lopez, cited in
Section 11 as basis for litigation in forma pauperis. This constitutional Bernas Green Book, p. 465)
provision is the basis for the provision in Section 21, Rule 3 of the New
Rules of Court allowing litigation in in forma pauperis. (Cabangis v. Indigent persons. They need not be persons that are so poor who must
Almeda Lopez, cited in Bernas Green Book, pp. 464-465) be supported at public expense. “It suffices that plaintiff is indigent…And
● “In forma pauperis” means in the character or manner of a the difference between ‘paupers’ and ‘indigent’ persons is that the latter
pauper. (Black’s Law Dictionary) are ‘persons who have no property or sources of income sufficient for
their support aside from their own labor though self-supporting when able
SECTION 21. Indigent party. — A party may be authorized to litigate his to work in employment.’” (Acar v. Rosal, cited in Bernas Green Book, p.
action, claim or defense as an indigent if the court, upon an ex parte 465)
application and hearing, is satisfied that the party is one who has no
money or property sufficient and available for food, shelter and basic Expanded right under the 1987 Constitution. While the 1973 provision
necessities for himself and his family. states, “free access to the courts shall not be denied to any person by
reason of poverty,” the 1987 Constitution has improved on the 1935 and
Such authority shall include an exemption from payment of docket and 1973 texts by including a guarantee of free access to “quasi-judicial
other lawful fees, and of transcripts of stenographic notes which the court bodies and adequate legal assistance.” In adding the guarantee of free
may order to be furnished to him. The amount of the docket and other access to quasi-judicial bodies, the 1986 Constitutional Commission
lawful fees which the indigent was exempted from paying shall be a lien principally, but not exclusively, had in mind free access to labor courts. (I
on any judgment rendered in the case favorable to the indigent, unless Record of the Constitutional Commission, cited in Bernas Green Book, p.
the court otherwise provides. 466)

Any adverse party may contest the grant of such authority at any time
before judgment is rendered by the trial court. If the court should
determine after hearing that the party declared as an indigent is in fact a

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 ARTICLE III | SECTION 12

to have committed without prejudice to the liability of the ‘inviting’

officer.” (People v. Domantay, cited in Bernas Green Book, p. 472)
Section 12.
1. Any person under investigation for the commission of an
When custodial investigation starts. The rights contemplated in Article
offense shall have the right to be informed of his right to remain
III, Section 12 begin to be available where the investigation is no longer a
silent and to have competent and independent counsel
general inquiry into an unsolved crime but has began to focus on a
preferably of his own choice. If the person cannot afford the
particular suspect, the suspect has been taken into police custody, and
services of counsel, he must be provided with one. These
the police carry out a process of interrogation that lends itself to eliciting
rights cannot be waived except in writing and in the presence
incriminating statements. (People v. Camat, G.R. No. 112262)
of counsel.
● It is now incumbent upon the prosecution to prove during the trial
2. No torture, force, violence, threat, intimidation or any other
that, prior to questioning, the confessor was warned of his
means which vitiate the free will shall be used against him.
constitutionally protected rights because the presumption of
Secret detention places, solitary, incommunicado, or other
regularity of official acts does not apply during in-custody
similar forms of detention are prohibited.
investigation.
3. Any confession or admission obtained in violation of this or
Section 17 hereof shall be inadmissible in evidence against
Whom investigation is conducted by. Includes those conducted by the
him.
police authorities, including the municipal police, the Philippine
4. The law shall provide for penal and civil sanctions for violations
Constabulary, and the NBI and such other police agencies in our
of this section as well as compensation to and rehabilitation of
government. (The 1971 Constitutional Convention, cited in Bernas Green
victims of torture or similar practices, and their families.
Book, p. 469)
● This includes conversation with a barangay captain that is part of
CUSTODIAL INVESTIGATION an on-going custodial investigation. (People v. Hermoso, cited in
Bernas Green Book, p. 469)
Definition. Custodial investigation involves any questioning initiated by
law enforcement officers after a person has been taken into custody or Persons covered. The rule covers only situations when the person is
otherwise deprived of his freedom of action in any significant way. already in custody, for which reason Escobedo had referred to them as
(People v. Marra, cited in Bernas Green Book, p. 472) rights “under custodial investigation.” (People v. Caguioa, cited in Bernas
● R.A. 7438 expanded the definition of custodial investigation. It Green Book, p. 471)
now includes “the practice of issuing an ‘invitation’ to a person
who is investigated in connection with an offense he is suspected Rationale. Recognition of the fact that the psychological, if not the
physical atmosphere of custodial investigations, in the absence of proper

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 ARTICLE III | SECTION 12

safeguards, is inherently coercive. (Miranda v. Arizona, cited in Bernas RIGHT TO COMPETENT AND INDEPENDENT COUNSEL,
Green Book, p. 468) PREFERABLY OF THE DETAINEE’S OWN CHOICE

MIRANDA RIGHTS Meaning of independent. It refers to those who do not have an adverse
interest to that of the accused. (Bernas Primer, p. 114) It does not mean
Rights set out in Section 12 (1). Also known as the “Miranda rights”: that the choice of a lawyer by a person under investigation is exclusive as
1. Right to remain silent; to preclude other equally competent and independent attorneys from
2. Right to competent and independent counsel preferably of his handling the defense. (People v. Mojello, cited in Bernas Green Book, p.
own choice; and 474)
3. Right to be informed of such rights.
Scope of the right. It must be invoked after the start of the custodial
RIGHT TO REMAIN SILENT investigation and in the critical stages of prosecution even before the trial.
Any identification of an uncounseled accused made in a police line-up is
Who has the right to remain silent. Only an accused has the absolute inadmissible in this case because the police talked to the victims before
right to remain silent under Section 17. A person who is not an accused the confrontation and brought him in handcuffs which may lead to
may assume the stance of silence only when asked an incriminating mistaken identification. The law enforcement machinery involves critical
question. A person under investigation has the right to refuse to answer confrontations of the accused by the prosecution at pre-trial proceedings
any question. His silence may not be used against him. (People v. Alegre where the result might well settle the accused's fate and reduce the trial
and Grodoncillo, cited in Bernas Green Book, p. 473) itself to a mere formality. (People v. Macam, G.R. Nos. 91011-12)
● If the individual is alone and indicates in any manner that he does
not wish to be interrogated, the police may not question him. The Effective and vigilant counsel. The right to counsel involves more than
mere fact that he may have answered some questions or just the presence of a lawyer in the courtroom or the mere propounding of
volunteered some statements on his own does not deprive him of standard questions and objections; rather it means an efficient and
the right to refrain from answering any further inquiries until he decisive legal assistance and not a simple perfunctory representation.
has consulted with an attorney and thereafter consents to be (People v. Sunga, G.R. No. 126029)
questioned. (Miranda v. Arizona, 384 U.S. 436) ● Moreover, an effective and vigilant counsel necessarily and
logically requires that the lawyer be present and be able to advise
and assist his client from the time the confessant answers the
first question asked by the investigating officer until the signing of
the extrajudicial confession. (People v. Ibanez, G.R. No. 191752)

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 ARTICLE III | SECTION 12

An effective counsel from the first moment of questioning and all independent and prepared to fully safeguard the constitutional rights of
throughout. Where, in the middle of the investigation the lawyer had left the accused, as distinguished from one who would merely be giving a
to attend a wake, came back when the accused had already signed his routine, peremptory and meaningless recital of the individual’s
statement and affirmed he did it voluntarily, the court declared such constitutional rights. (People v. Ibanez, G.R. No. 191752)
inadmissible. The right to counsel for a person under investigation has
been constitutionalized because of our hostility against the use of duress Valid confession with counsel. It is settled that a confession or
and other undue influence in extracting confessions from a suspect. admission is presumed voluntary until the contrary is proved and the
Force and fraud tarnish confessions and render them inadmissible. It was confessant bears the burden of proving the contrary. One is expected to
far from the intent of the Constitution that there was "substantial" understand and comprehend the significance of signing an instrument,
compliance with the requirements of right to counsel. (People v. Lucero, especially when he is a masteral degree holder and had been a bank
G.R. No. 97936) manager for numerous years. (Tanenggee v. People, G.R. No. 179448)

Independence. Being independent refers to those who do not have an Confession without counsel to a person of authority. Given that the
adverse interest to that of the accused. As such, special counsel, public “bantay bayan” is recognized by the LGUs to perform functions relating to
or private prosecutor, counsel of the police, a municipal attorney whose the preservation of peace and order at the barangay level, any inquiry he
interest is adverse to that of the accused, a mayor, a barangay captain are makes has the color of a state-related function and objective insofar as
not deemed as independent counsel. (Bernas Primer, p. 114) Moreover, the entitlement of a suspect to his constitutional rights provided for under
being independent does not mean that the choice of a lawyer by a person Article III, Section 12 is concerned. (People v. Lauga, G.R. No. 186228)
under investigation is exclusive as to preclude other equally competent
and independent attorneys from handling the defense. (People v. Mojello, Effect of confession without counsel. Any statement obtained in
cited in Bernas Green Book, p. 474) violation of the constitution, whether exculpatory or inculpatory, in whole
or in part, shall be inadmissible in evidence. Even if the confession
Competence. Where the prosecution failed to discharge the State's contains a grain of truth, if it was made without the assistance of counsel,
burden of proving with clear and convincing evidence that the accused it becomes inadmissible in evidence, regardless of the absence of
had enjoyed effective and vigilant counsel before he extrajudicially coercion or even if it had been voluntarily given. (People v. Tan, G.R. No.
admitted his guilt, the extrajudicial confession cannot be given any 117321)
probative value. (People v. Suela, G.R. No. 133570-71)
Failure to object to confession made without counsel tantamount to
Choice of lawyer. The lawyer should be the choice of the individual implied waiver. Rights under Section 12 can be lost by neglect. Where
undergoing questioning. If the lawyer is furnished by the police for the the defense fails to raise objections to the admissibility of evidence
accused, it is important that the lawyer should be competent, immediately, as required by Section 36 of Rule 132 of the Rules of Court,

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the accused is deemed to have waived his right to object to admissibility. Constitution bars is the compulsory disclosure of incriminating facts or
(People v. Gonzales, cited in Bernas Green Book, p. 473) confessions. (People v. Ordono, cited in Bernas Primer, p. 111)
● Admissions made in an administrative investigation conducted by
Administrative proceedings not covered by this right. The right to officials of the Philippine Airlines are not protected. (People v.
counsel applies only to admissions made in a criminal investigation but Tawat, cited in Bernas Green Book, p. 470)
not to those made in an administrative investigation. While it is ● It does not apply to confessions or admissions made to a private
undisputed that petitioner gave an uncounselled written statement individual. (Navallo v. Sandiganbayan, cited in Bernas Green Book,
regarding an anomaly discovered in the branch he managed, the following p. 470)
are clear: ● Neither does it apply to a verbal admission made to a radio
1. The questioning was not initiated by a law enforcement authority announcer who was not part of the investigation. (People v.
but merely by an internal affairs manager of the bank; and, Ordono, cited in Bernas Green Book, p. 470)
2. The petitioner was neither arrested nor restrained of his liberty in ● Even an admission made to a mayor, who was approached as a
any significant manner during the questioning. (Tanenggee v. confidante, not as a mayor, is not covered. (People v. Zuela, cited
People, G.R. No. 179448) in Bernas Green Book, p. 470)
● Similarly, an interview recorded on video and in the presence of
RIGHT TO BE INFORMED OF HIS RIGHTS newsmen is not covered. However, the Court emphasized that
extreme caution must be taken in further admitting similar
Obligation to inform more than mere reading. The right to be informed confessions as there is a possibility of connivance with the police.
of his rights is more than the routine-reading out of the rights. It implies a (People v. Endino, cited in Bernas Green Book, p. 471)
correlative obligation on the part of the police investigator to explain, and ● Nor does the protection apply to where a person presents himself
contemplates an effective communication that results in understanding to the police and in the proces, makes his admission as it is
what is conveyed. Short of this, there is a denial of the right, as it cannot natural for one who surrenders to the police to give reason for his
be said that the person has been informed of his right. (Bernas Green act of surrender. The person can hardly be said to be under
Book, pp. 475-476) investigation within the meaning of the provision. (People v.
Taylaran, cited in Bernas Green Book, p. 470)
Miranda rights not available before government investigators are
involved. They also do not apply to a spontaneous statement, not elicited Procedural requirements. Prior to any questioning, the person must be
through questioning by law enforcement officers, but given in an ordinary warned that he has a right to remain silent, that any statement he does
manner whereby the accused orally admits having committed the crime. make may be used as evidence against him, and that he has a right to the
(People v. Baloloy, cited in Bernas Green Book, p. 471) What the presence of an attorney, either retained or appointed. The defendant may
waive effectuation of these rights, provided the waiver is made voluntarily,

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knowingly and intelligently. If, however, he indicates in any manner and at When the rights in relation to custodial investigation may be invoked.
any stage of the process that he wishes to consult with an attorney before These rights begin to be available only when the investigation is no longer
speaking, there can be no questioning. (Miranda v Arizona, 384 U.S. 436) a general inquiry into an unsolved crime that has begun to focus on a
The procedural guidelines laid out are as follows: particular suspect, the suspect has been taken into police custody, the
● The person in custody must be informed at the outset in clear and police carry out a process of interrogations that lends itself to
unequivocal terms that he has a right to remain silent. incriminating statements. (Escobedo v. Illinois, cited in Bernas Green
● The warning of the right to remain silent must be accompanied by Book, p. 469)
the explanation that anything said can and will be used against ● While a person placed in a police line-up does not enjoy Section
the individual in court. 12 (1) rights, a person under custodial investigation who is placed
● He must be clearly informed that he has the right to consult with a in a police line-up is entitled to such rights. (People v. Macam,
lawyer and to have the lawyer with him during interrogation. cited in Bernas Green Book, p. 473)
● It is necessary to warn him not only that he has the right to
consult with an attorney, but also that, if he is indigent, a lawyer Voluntary surrender. Even when the accused voluntarily surrendered
will be appointed to represent him. before a police officer, he must still be apprised of their Miranda rights.
● If the individual indicates in any manner, at any time prior to or For one, the same pressure of being questioned by an investigating
during questioning, that he wishes to remain silent, the officer in a police station likewise exists in this scenario. (People v.
interrogation must cease. If the individual states that he wants an Chavez, G.R. No. 207950)
attorney, the interrogation must cease until an attorney is present.
● If the foregoing protections and warnings are not demonstrated WAIVER OF THE RIGHTS
during the trial to have been observed by the prosecution, no
evidence obtained as a result of the interrogation can be used Requisites of a valid waiver.
against him. 1. Must be in writing and in the presence of counsel; and
2. Must be voluntary, knowing, and intelligent. (The 1987
Duty of an officer during custodial investigation. Not only does the Constitution, cited in Bernas Green Book, pp. 478-479)
fundamental law impose, as a requisite function of the investigating
officer, the duty to explain those rights to the accused but also that there Must be in writing and in the presence of counsel. The oral waiver of
must correspondingly be a meaningful communication to and rights during custodial investigation is not enough. The Constitution
understanding thereof by the accused. A mere perfunctory reading by the expressly provides that the waiver must be in writing and in the presence
constable of such rights to the accused would thus not suffice. (People v. of counsel. (People v. Taliman, G.R. No.109143)
Tan, G.R. No. 117321)

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Must be voluntary, knowing and intelligent. While the Constitution otherwise. A confession is not rendered involuntary merely because the
sanctions the waiver of the right to counsel, it must, however, be defendant was told that he should tell the truth or that it would be better
"voluntary, knowing and intelligent, and must be made in the presence for him to tell the truth. (People v. Calvo, G.R. No. 91694)
and with the assistance of counsel." (People v. Tan, G.R. No. 117321)
To whom such confession can be used against.
EXTRAJUDICIAL CONFESSIONS ● General rule. An extrajudicial statement can only be used against
the person making it.
Difference between admission and confession. ● Exception. “Interlocking confessions”, which are extrajudicial
● Admission is the act, declaration or omission of a party as to confessions made by several accused under a single offense.
relevant fact. (Section 6, Rule 130, of the Rules of Court, cited in (People v. Lising, G.R. No.106210-11)
Bernas Green Book, p. 482)
● Confession is the declaration of an accused acknowledging his Interlocking confessions. Where several extrajudicial statements had
guilt of the offense charged, or of any offense necessarily been made by several persons charged with an offense and there could
included therein. (Section 33, Rule 130, of the Rules of Court, have been no collusion with reference to said confessions, the facts that
cited in Bernas Green Book, p. 482) the statements are in all material respects identical is confirmatory of the
confession of the co-defendants and is admissible against other persons
Requisites for an admissible extrajudicial confession. implicated therein. (Id.)
1. Voluntary; ● They are also admissible as circumstantial evidence against the
2. Made with the assistance of competent and independent person implicated therein and may likewise serve as corroborative
counsel; evidence if it is clear from other facts and circumstances that
3. Express; other persons had participated in the perpetration of the crime
4. In writing; and charged and proved.
5. Signature of the confessant, or if unable to read and write, a
thumb mark by him. (People v. Deniega, cited in Bernas Primer, p. Lawyer given by police investigator. A lawyer provided by the
119) investigators is deemed engaged by the accused when he does not raise
any objection against the counsel’s appointment during the course of the
Presumption of voluntariness. A confession constitutes evidence of investigation, and that the accused thereafter subscribes to the veracity
high order since it is supported by the strong presumption that no person of the statement before the swearing officer. (Bernas Green Book, citing
of normal mind would deliberately and knowingly confess to a crime People v. Mojillo, G.R. No. 145566)
unless prompted by truth and his conscience. This presumption of
spontaneity and voluntariness stands unless the defense proves

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Republic Act 7438 Section 2(d). If the statement of the accused was protection of the court. (People v. Ayson, cited in Bernas Green Book, p.
made before Parish Priest of Santol, the Municipal Mayor, the relatives of 476)
the accused, the Chief of Police or other police officers of the
municipality, these two conditions must be met: Audit examination. Audit examiners are not law enforcement officers,
1. Counsel of the accused must be absent; and thus the protection cannot be availed by persons undergoing audit.
2. Valid waiver must be executed (Navallo v. Sandiganbayan, cited in Bernas Green Book, p. 470)
Hence, in the absence of a valid waiver, the said statement could not
stand in lieu of counsel's presence. (People v. Ordoño, G.R. No. 132154) Administrative investigation. Section 12 of the Bill of Rights applies only
to admissions made in a criminal investigation, not to those made in an
WHEN THE MIRANDA RIGHTS DO NOT APPLY administrative investigation. The right to counsel is not always imperative
in administrative investigations. As such, a party in an administrative
Out-of-court identification. This is done through show-ups, where the inquiry may or may not be assisted by counsel. (Anonymous Complaint
suspect is brought face-to-face with the witness for identification, either Against Lyn Maceda, A.M. No. P-12-3093 citing Carbonel v. Civil Service
by mug shots photographs shown to the witness for identification or Commission)
line-ups. Courts have adopted the totality of circumstances test where ● Administrative inquiries are conducted merely to determine
they consider the following factors: whether there are facts that merit the imposition of disciplinary
1. The witness' opportunity to view the criminal at the time of the measures against erring public officers and employees, with the
crime; purpose of maintaining the dignity of government service.
2. The witness' degree of attention at that time;
3. The accuracy of any prior description, given by the witness; General inquiry not part of custodial investigation. The exception to
4. The level of certainty demonstrated by the witness at the R.A. 7438 is that mere “invitation” by the investigating committee does
identification; and not by itself determine the nature of the investigation as custodial. The
5. The length of time between the crime and the identification; and, nature of the proceeding must be adjudged on a case to case basis.
the suggestiveness of the identification procedure. (People v. Courts held that it was simply a general inquiry to clear the air of reported
Ibanez, G.R. No. 191752) anomalies and irregularities within the PNP. Petitioner admitted before the
investigation committee her non-delivery of the items that were said to be
Preliminary investigation. Investigation here does not include judicial bought from her by the PNP. The right of counsel attaches as soon as the
and quasi-judicial investigations such as conducted by the fiscal or by the investigation ceases to be a general inquiry into an unsolved crime and
judge. It does not apply to persons under preliminary investigation or the interrogation is then aimed on a particular suspect who has been
already charged in court for a crime and therefore already under the taken into custody. (Luspo v. People, G.R. No. 188487)

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Spontaneous statements. Malngan confessed that she set her investigation. During custodial investigation, these types of
employer’s house on fire to the Barangay Chairman, and although he may identification have been recognized as "critical confrontations of
be deemed as law enforcement officer for purposes of Section 12, she the accused by the prosecution" which necessitate the presence
also confessed to her employer’s neighbor, and to a TV reporter. The of counsel for the accused because the results of these pre-trial
constitutional safeguards during custodial investigations do not apply to proceedings "might well settle the accused's fate and reduce the
those not elicited through questioning by the police or their agents but trial itself to a mere formality." (People v. Escordial, G.R. Nos.
given in an ordinary manner whereby the accused verbally admits to 138934-35)
having committed the offense. (People v. Malngan, G.R. No. 170470) ● Compared with People v. Escordial and People v. Macam.
Escordial was “invited” to the police station after being pointed as
Confession not under police custody. The rights enumerated are not one of the accused. The accused was identified by the victim in a
available before government investigators become involved. Moreover, show up as the one who committed robbery with rape against
they do not apply to a spontaneous statement, not elicited through her. While in Macam, the police officers first talked to the victims
questioning by law enforcement officers, but given in an ordinary manner before the confrontation was held. The circumstances were such
whereby the accused orally admits having committed the crime. (Bernas as to impart improper suggestions on the minds of the victims
Green Book, p. 471) What the Constitution bars is the compulsory that may lead to a mistaken identification. Appellants were
disclosure of incriminating facts or confessions. (People v. Ordono, cited handcuffed and had contusions on their faces. (Class Discussion)
in Bernas Primer, p. 111)
Marked money. A person’s right against self-incrimination is not violated
Police line-up. When the process has not yet shifted from investigatory if he signs the marked money without the assistance of counsel because
to accusatory, as when police investigation does not elicit a confession, possession of the marked money bills do not constitute a crime.
the accused may not yet avail of the services of his lawyer. Linsangan was not denied due process for his possession of the marked
● General rule. No custodial investigation shall be conducted bills did not constitute a crime; the subject of the prosecution was his act
unless it be in the presence of counsel, engaged by the person of selling marijuana cigarettes. (People v. Linsangan, G.R. No. 88589)
arrested, or by any person in his behalf, or appointed by the court
upon petition either of the detainee himself, or by anyone in his Booking sheet. This is merely a statement of the accused's being
behalf except if a valid waiver was made. Police line up is not yet booked and of the date which accompanies the fact of an arrest. It is a
part of the custodial investigation if he had not been held yet to police report and may be useful in charges of arbitrary detention against
answer for a criminal offense. (Gamboa v. Judge Cruz, G.R. No. the police themselves. It is not an extrajudicial statement and cannot be
L-56291) the basis of a judgment of conviction. The Court already ruled in People v.
● Exception. If the accused is already pinpointed as the possible Morico that “when an arrested person signs a Booking Sheet and Arrest
perpetrator of the crime then he is already under custodial Report at a police station he does not admit the commission of an offense

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nor confess to any incriminating circumstance.” (People v. Ang Chun Kit, evidence of the letters themselves. The letters can stand on their
G.R. No. 109232) own, being the fruits of the crime validly seized during a lawful
arrest, and that the testimonies of the witnesses provide that such
Paraffin Test. Being subject to a paraffin test is an investigatory situation letters were in the possession of the accused. (Marcelo v.
where Section 12 (1) does not apply as it is not communicative action or Sandiganbayan, G.R. No. 109242)
testimonial compulsion. (People v. Gamboa, cited in Bernas Green Book,
p. 473) Verbal confessions. Verbal confessions made by herein
accused-appellant, even if done without the assistance of a lawyer, is not
When the body of the accused is examined. Urine sample is in violation of his constitutional right under Section 12 (1), Article III of the
admissible. What the Constitution prohibits is the use of physical or moral Constitution. The "investigation" in this section pertains to "custodial
compulsion to extort communication from the accused, but not an investigation." Guting was not under custodial investigation when he
inclusion of his body in evidence, when it may be material. admitted, without assistance of counsel, to the police officers that he
● In fact, an accused may validly be compelled to be photographed stabbed his father to death. He was arrested and subjected to custodial
or measured, or to move his body to enable the foregoing things investigation by the police officers only after his confession. (Guting v.
to be done without running afoul of the proscription against People, G.R. No. 205412)
testimonial compulsion. (Gutang v. People, cited in Bernas Primer,
p. 118) THE EXCLUSIONARY RULE

Taking pictures. The taking of pictures of an accused even without the Constitutional basis of the exclusionary rule. Any confession or
assistance of counsel, being a purely mechanical act, is not a violation of admission obtained in violation of this or Section 17 hereof shall be
his constitutional right against self-incrimination. (People v. Gallarde, cited inadmissible in evidence against him. (Sec. 12(3), Art. III, 1987
in Bernas Primer, p. 149) Constitution)

Evidence incident to a lawful arrest are admissible. When the items Effect of violation of rights. The provision covers every form of evidence
used as evidence against the accused were warrantlessly taken from him obtained in violation of Section 12 and Section 17, every form of
as a result of being caught in flagrante delicto of a mala prohibita, the confession tainted with involuntariness. (Bernas Green Book, p. 481) Even
items are admissible in court. (People v. Enrique, Jr., G.R. No. 90738) if the confession of an accused is gospel truth, if it was made without the
● Letters are validly seized from the accused when they are an assistance of counsel, it is inadmissible in evidence regardless of the
incident of a valid arrest. A ruling that the accused's admission absence of coercion or even if it had been voluntarily given. The same
that the letters in question were those seized from him is would necessarily apply to a waiver of the right to a counsel not made in
inadmissible in evidence does not extend to the exclusion from

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the presence of a counsel. (People v. Penillos, cited in Bernas Green When objection to the evidence must be raised. This must be made
Book, p. 482) after the evidence is formally offered. In the case of documentary
evidence, the offer is made after all the witnesses of the party making the
Re-enactments. There are implicit confessions or implicit admissions offer have testified, specifying the purpose for which the evidence is
that are communicative in nature. With the confessions and admissions being offered. It is only at this time, and not at any other, that objection to
covered by this section not restricted to explicit ones, participation in a the documentary evidence may be made. (Macasiray v. People, G.R. No.
re-enactment of a crime, and even photos of such re-enactment are 88589)
inadmissible. (People v. Olvis, cited in Bernas Green Book, p. 482) ● If a defendant does not move to quash the complaint or
information before he pleads, he is deemed to have waived all
Applicability to aliens. The fact that all accused are foreign nationals objections which are grounds for a motion to quash, except
does not preclude application of the "exclusionary rule" because the where the complaint or information does not charge an offense,
constitutional guarantees embodied in the Bill of Rights are given and or the court is without jurisdiction of the same. (Gamboa v. Judge
extend to all persons, both aliens and citizens. (People v. Wong Chuen Cruz, G.R. No. L-56291)
Ming, G.R. No. 112801) ● Contrasting evidence marked, identified, and then introduced
during trial against evidence formally offered. The general rule
Co-accused not bound. Extrajudicial confession of an accused is is that only evidence formally offered will be considered by the
binding only upon himself and is not admissible against his co-accused. It Court in its decisions. In testimonial evidence, the testimony of
is merely hearsay evidence as far as other accused are concerned. the witness on the stand is formally offered before testifying.
(People v. Alegre, G.R. No. L-30423) While in documentary evidence, it is presented at the end of the
● Exception. The extrajudicial confession of an accused is presentation of the testimonial witnesses. Only formally-offered
admissible against his co-accused where the confession is used evidence are admissible. (Class Discussion)
as circumstantial evidence to show the probability of participation
of the co-accused in the killing of the victim. (People v. Alvarez, Admissible evidence. The accused had admitted to the relatives of the
G.R. No. 88451, cited in People v. Alegre) deceased that he had killed that person, proceeded to the police
voluntarily, without any invitation, to provide such a statement, and
Who may raise the question. Against whom are illegal confessions and affirmed to the prosecutor that he was with his counsel when he had
admissions inadmissible? It is the source of the confession or admission, surrendered to the police. These acts of the appellant are clear
and only he alone can ask for exclusion. (People v. Balisteros, cited in manifestations that, contrary to his protestations, no "torture, force,
Bernas Green Book, p. 483) They are, however, admissible against the violence, threat, intimidation or any other means" was used against him to
person violating the constitutional prohibition, to the extent allowed by the force him to confess. (People v. Espritu, G.R. No. 128287)
ordinary rules of evidence. (Bernas Green Book p. 483)

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● Considering that involuntary testimonial evidence is a more Reason for prohibition in Sec 12(2), Art III. They (1) vitiate truth, and
serious affront to human dignity than illegally obtained evidence, because they (2) are an assault on the dignity of the person. This
the absolute inadmissibility provided for in Section 3 should also provision has been deliberately separated from the self-incrimination
be read in Section 12, since involuntary confessions also affront clause in Section 17 in order to emphasize the need to protect the
the right of privacy protected by Section 2. Thus, a bloodstained sacredness of the person. Protection of the sacredness of the person is
knife found as a consequence of an uncounseled extrajudicial also the purpose of the prohibition of secret detention places, etc. and of
confession was inadmissible. (Aballe v. People, cited in Bernas the command to provide for penal and civil sanctions. Moreover,
Green Book, pp. 483-484) reference to families has in mind psychological damage done to minor
children of detainees. (Bernas Primer, p. 120)
Rights after custodial investigation. The criminal process includes the
investigation prior the filing of charges, the preliminary examination and Immunity against self-incrimination. The constitutional privilege against
investigation after charges are filed, and the period of trial. The Miranda self-incrimination, also treated separately as Section 17, has developed
rights were conceived for the enquiry under the control of police officers. and has been interpreted so as to cover a wide range of forms of
Outside of that situation, Section 14 and Section 17 come into play. self-accusation. The 1987 Constitution now re-emphasizes this
(Bernas Primer, pp. 119-120) However, even after charges are filed, the fundamental prohibition of coerced confessions in the words of “no force,
police may still attempt to extract extrajudicial confessions or admissions violence, threat, intimidation, or any other means of which vitiates the free
outside judicial supervision. For this reason, Section 12(1) still applies. will shall be used against him” and that “secret detention places, solitary,
(People v. Pamon, cited in Bernas Green Book, p. 120) incommunicado, or other similar forms of detention are prohibited.”
● Secret detention places refer to safe-houses, and solitary and
OTHER RIGHTS GUARANTEED UNDER SECTION 12 incommunicado detention, which were used in the Marcosian Era.
(Bernas Green Book, pp. 479-480)
1. No torture, force, violence, threat, intimidation or any other means
which vitiate the free will shall be used against him. Secret Penal sanction-provision in Sec 12(4), Art III is properly placed. The
detention places, solitary, incommunicado, or other similar forms argument that Section 12(4) has no place in the Constitution, as it was a
of detention are prohibited. (Sec. 12(2), Art. III, 1987 Constitution) legislative concern due to its need of implementing legislation, is defeated
2. The law shall provide for penal and civil sanctions for violations of as the provision is intimately connected with the rights guaranteed by the
this section as well as compensation to and rehabilitation of Bill of Rights as its articulation guarantees the inviolability of rights.
victims of torture or similar practices, and their families. (Sec. (Bernas Green Book, pp. 485-486)
12(4), Art. III, 1987 Constitution)
Prospectivity of the Escobedo-Miranda Rule. “Any person under
investigation for the commission of an offense shall have the right to

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 ARTICLE III | SECTION 12

remain silent and to counsel, and to be informed of such right,” is a new

rule and not a mere activation of constitutional rule. Thus, it has a
prospective effect starting from the date when the 1973 Constitution,
which was on January 17, 1973, took effect. (Bernas Green Book, pp.
484-485)

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 ARTICLE III | SECTION 13

death when evidence of the guilt is strong, shall, before conviction, be

bailable by sufficient sureties. (Bernas Primer, p. 121)
Section 13. All persons, except those charged with offenses
punishable by reclusion perpetua when evidence of guilt is strong,
Implicit limitations on the right to bail.
shall, before conviction, be bailable by sufficient sureties, or be
1. The person claiming the right must be under actual detention;
released on recognizance as may be provided by law. The right to bail
and
shall not be impaired even when the privilege of the writ of habeas
2. The constitutional right is available only in criminal cases. (Bernas
corpus is suspended. Excessive bail shall not be required.
Primer, p. 125)

RIGHT TO BAIL Person claiming the right must be under detention or custody of law.
One is under the custody of law either when he has been arrested or has
Right to Bail. The right to bail which is corollary to the right to be surrendered himself to the jurisdiction of the court. (Paderanga v. CA,
presumed innocent, is, like the privilege of Habeas Corpus, another cited in Bernas Green Book, pp. 489-490)
means of immediately obtaining liberty. (De la Camara v. Enage, cited in ● Surrendered to the jurisdiction of the court. As in the case
Bernas Green Book, p. 486) where through counsel, the petitioner for bail who was confined in
a hospital communicated his submission to the jurisdiction of the
Bail. It is a mode short of confinement which would, with reasonable court. (Id.)
certainty, insure the attendance of the accused. It usually takes the form
of a deposit of money or its equivalent as a guarantee for such General rule. The constitutional right to bail is available only in criminal
attendance and which deposit is forfeited upon failure to appear. (Bernas proceedings. (Bernas Green Book, p. 490)
Primer, p. 121)
Exceptions:
Reasons for granting bail. It is awarded to the accused: 1. Deportation proceedings; and
1. To honor the presumption of innocence until his guilt is proven 2. Extradition proceedings. (Gov’t of Hongkong v. Hon. Olalia, G.R.
beyond reasonable doubt, and No. 153675)
2. To enable him to prepare his defense without being subject to
punishment prior to conviction. (Cortes v. Catral, cited in Bernas Deportation proceedings. It has been repeatedly held that respondents
Primer, p. 121) in deportation proceedings, which are administrative in nature, do not
enjoy the right to bail. However, in the case of Mejoff v. Director of
Who has a constitutional right to bail. All persons actually detained, Prisons, the Court released him under a bond and declared that
except those charged with offenses punishable by reclusion perpetua or

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 ARTICLE III | SECTION 13

“protection against deprivation of liberty without due process of law” was ● An extradition proceeding, while ostensibly administrative, bears
not limited to citizens of the Philippines. all earmarks of a criminal process. A potential extraditee may be
● The Court thought it proper to apply the principles of freedom subjected to arrest, to a prolonged restraint of liberty, and forced
found in the Universal Declaration of Human Rights approved by to transfer to the demanding state following the proceedings.
the General Assembly of the United Nations. (Mejoff v. Director of "Temporary detention" may be a necessary step in the process of
Prisons, cited in Bernas Green Book, p. 490) extradition, but the length of time of the detention should be
reasonable.
Extradition proceedings. The Court emphasized that bail may be
granted to a possible extraditee only upon a clear and convincing No constitutional right to bail. When the following conditions concur:
showing: 1. The accused is charged with an offense punishable by reclusion
1. That he will not be a flight risk or a danger to the community; and perpetua; and
2. That there exist special, humanitarian and compelling 2. The evidence against him is strong. (Magno v. Abbas, cited in
circumstances. (Rodriguez v. Judge, cited in Bernas Green Book, Bernas Primer, p. 122)
p. 495)
Distinction between penalty of life imprisonment and Reclusion
Right to bail in extradition cases. If bail can be granted in deportation Perpetua. Under the 1985 Rules on Criminal Procedure a person charged
cases, it should also be allowed in extradition cases. This is considering with an offense punishable by life imprisonment was entitled to bail as a
the trends in international law placing primacy on the worth of the matter of right. However, effective October 1, 1994, Rule 114 was
individual person and the sanctity of human rights, as signatories in the amended placing “life imprisonment” on the same level as death and
Universal Declaration of Human Rights which applies bail to deportation reclusion perpetua.
and extradition cases, and that both are administrative proceedings ● Life imprisonment is a penalty in special laws while reclusion
where the innocence or guilt of the person detained is not in issue. (Gov’t perpetua is imposed by the RPC.
of Hongkong v. Hon. Olalia, G.R. No. 153675) ● Life imprisonment does not carry accessory penalties, whereas
● Philippine jurisprudence has not limited the exercise of the right reclusion perpetua does.
to bail to criminal proceedings only. This Court has admitted to ● Life imprisonment is indefinite, whereas reclusion perpetua is for
bail persons who are not involved in criminal proceedings. In fact, 30 years after which the convict is eligible for pardon. (Cardines v.
bail has been allowed in this jurisdiction to persons in detention Rosete, cited in Bernas Green Book, p. 493)
during the pendency of administrative proceedings, taking into
cognizance the obligation of the Philippines under international Criterion for determining whether offense is bailable or not. The
conventions to uphold human rights. criterion to determine whether the offense charged is capital is the penalty
provided by law regardless of the attendant circumstances.

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● To require more will entail consideration not only of evidence RULE 114 BAIL
showing commission of the crime but also evidence of the
aggravating and mitigating circumstances. In effect, this would Section 4. Bail, a matter of right; exception. — All persons in custody
already be requiring a complete trial thus defeating the purpose of shall be admitted to bail as a matter of right, with sufficient sureties, or
bail, which is to entitle the accused provisional liberty pending released on recognize as prescribed by law or this Rule (a) before or after
trial. (People v. Intermediate Appellate Court, cited in Bernas conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal
Primer, pp. 124-125) Trial Court in Cities, or Municipal Circuit Trial Court, and (b) before
conviction by the Regional Trial Court of an offense not punishable by
Incarceration imperils health or life. Bail for the provisional liberty of the death, reclusion perpetua, or life imprisonment. (Sec 4(a), Rule 114,
accused, regardless of the crime charged, should be allowed Revised Rules of Criminal Procedure)
independently of the merits of the charge, provided his continued
incarceration is clearly shown to be injurious to his health or to endanger Section 5. Bail, when discretionary. — Upon conviction by the Regional
his life. Indeed, denying him bail despite imperiling his health and life Trial Court of an offense not punishable by death, reclusion perpetua, or
would not serve the true objective of preventive incarceration during the life imprisonment, admission to bail is discretionary. The application for
trial - which is to guarantee the appearance of the accused at the trial, or bail may be filed and acted upon by the trial court despite the filing of a
whenever so required by the court. The Court balances the scales of notice of appeal, provided it has not transmitted the original record to the
justice by protecting the interest of the People through ensuring his appellate court. However, if the decision of the trial court convicting the
personal appearance at the trial, and at the same time realizing for him accused changed the nature of the offense from non-bailable to bailable,
the guarantees of due process as well as to be presumed innocent until the application for bail can only be filed with and resolved by the
proven guilty. (Enrile v. Sandiganbayan, G.R. No. 213847) appellate court.
● Enrile was charged with a crime with a penalty of reclusion
perpetua and was granted bail due to his health. This case is an Should the court grant the application, the accused may be allowed to
exception to the rule that the accused has no constitutional right continue on provisional liberty during the pendency of the appeal under
to bail when he is charged with reclusion perpetua and the the same bail subject to the consent of the bondsman.
evidence is strong. The doctrine herein laid out by the Court
should only be referred to if the facts are exactly the same as this If the penalty imposed by the trial court is imprisonment exceeding six (6)
case. (Class Discussion) years, the accused shall be denied bail, or his bail shall be cancelled upon
a showing by the prosecution, with notice to the accused, of the following
or other similar circumstances:
(a) That he is a recidivist, quasi-recidivist, or habitual delinquent, or
has committed the crime aggravated by the circumstance of

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reiteration; No jurisdiction to try offenses punishable by death, reclusion

(b) That he has previously escaped from legal confinement, evaded perpetua, or life imprisonment. All criminal cases within the
sentence, or violated the conditions of his bail without valid competence of the Metropolitan Trial Court, Municipal Trial Court,
justification; Municipal Trial Court in Cities, or Municipal Circuit Trial Court are bailable
(c) That he committed the offense while under probation, parole, or as matter of right because these courts have no jurisdiction to try capital
conditional pardon; offenses, or offenses punishable with reclusion perpetua or life
(d) That the circumstances of his case indicate the probability of imprisonment. (Id.)
flight if released on bail; or ● Bail is a matter of right before conviction by the MTC or the RTC,
(e) That there is undue risk that he may commit another crime during except when it is for a capital offense and when evidence of guilt
the pendency of the appeal. is strong. After conviction in the MTC, it is still a matter of right
because the crimes under this jurisdiction are considered as small
The appellate court may, motu proprio or on motion of any party, review crimes. Bail only happens when you’re arrested or when there is a
the resolution of the Regional Trial Court after notice to the adverse party warrant of arrest. (Class Discussion)
in either case. ((Sec 5(a), Rule 114, Revised Rules of Criminal Procedure)
Bail as a matter of discretion by the court.
Bail as a matter of right. All persons in custody shall be admitted to bail 1. Before conviction by the trial court, for purposes of admission to
as a matter of right, with sufficient sureties, or released on recognize as bail, the determination of whether or not evidence of guilt is
prescribed by law or this rule: strong in criminal cases involving capital offenses, or offenses
1. Before or after conviction by the Metropolitan Trial Court, punishable with reclusion perpetua or life imprisonment lies within
Municipal Trial Court, Municipal Trial Court in Cities, or Municipal the discretion of the trial court. (Enrile v. Sandiganbayan)
Circuit Trial Court. (Sec. 4, Rule 114, Revised Rules of Criminal 2. Upon conviction by the Regional Trial Court of an offense not
Procedure) punishable by death, reclusion perpetua, or life imprisonment,
2. Before conviction by the Regional Trial Court of an offense not admission to bail is discretionary, pending appeal. (Sec. 5, Rule
punishable by death, reclusion perpetua, or life imprisonment. 114, Revised Rules of Criminal Procedure)
(Id.) ● The application for bail may be filed and acted upon by
3. Before conviction by the Regional Trial Court for an offense the trial court despite the filing of a notice of appeal,
punishable by death, reclusion perpetua, or life imprisonment provided it has not transmitted the original record to the
when evidence of guilt is not strong. (Enrile v. Sandiganbayan, appellate court. (Id.)
G.R. No. 213847) 3. The discretion to allow or disallow bail pending appeal in a case
such as where the decision of the trial court convicting the
accused changed the nature of the offense from non-bailable to

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bailable is exclusively lodged by the rules with the appellate ○ In this case, the appellate court has the discretion to
court. (Leviste v. CA, G.R. No. 189122) grant or deny bail. In other words, the appellate court's
4. If the Regional Trial Court has imposed a penalty of imprisonment denial of bail pending appeal where none of the said
exceeding 6 years, involving offenses not punishable by death, circumstances exists does not, by and of itself, constitute
reclusion perpetua, or life imprisonment, bail is discretionary abuse of discretion.
pending appeal, provided none of the circumstances enumerated ● In the second situation where at least one of the circumstances
under paragraph 3 of Section 5, Rule 114 is present, as follows: are present, the appellate court exercises a more stringent
a. That he is a recidivist, quasi-recidivist, or habitual discretion, that is, to carefully ascertain whether any of the
delinquent, or has committed the crime aggravated by enumerated circumstances in fact exists. If it so determines, it
the circumstance of reiteration; has no other option except to deny or revoke bail pending appeal.
b. That he has previously escaped from legal confinement, Conversely, if the appellate court grants bail pending appeal,
evaded sentence, or violated the conditions of his bail grave abuse of discretion will thereby be committed.
without valid justification; ● Given the two distinct scenarios, any application for bail pending
c. That he committed the offense while under probation, appeal should be viewed from the perspective of two stages: (1)
parole, or conditional pardon; the determination of discretion stage - this will establish whether
d. That the circumstances of his case indicate the or not the appellate court will exercise sound discretion or
probability of flight if released on bail; or stringent discretion in resolving the application for bail pending
e. That there is undue risk that he may commit another appeal; and (2) the exercise of discretion stage. (Leviste v. CA)
crime during the pendency of the appeal.
If the following or other similar circumstances are present, the Bail must be denied.
accused shall be denied bail, or his bail shall be cancelled upon a 1. No person charged with a capital offense, or an offense
showing by the prosecution, with notice to the accused. (Sec. 5, punishable by reclusion perpetua or life imprisonment, shall be
Rule 114, Revised Rules of Criminal Procedure) admitted to bail when evidence of guilt is strong, regardless of the
state of the criminal prosecution. (Sec. 7, Rule 114, The Revised
Two scenarios of par. 3, Sec. 5, Rule 114 of the Revised Rules of Rules of Criminal Procedure)
Criminal Procedure. There are two scenarios where the penalty imposed ● Conviction by the trial court is indication that the
on the appellant applying for bail is imprisonment exceeding six years. evidence of guilt is strong. (People v. Divina, cited in
● In the first situation where circumstances enumerated in Bernas Green Book, p. 492)
paragraph 3 are not present, bail is a matter of sound judicial 2. If the Regional Trial Court imposed a penalty of imprisonment
discretion. exceeding six (6) years, involving offenses not punishable by
death, reclusion perpetua, or life imprisonment, then bail is a

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matter of discretion, except when any of the enumerated accused when required but no higher than is reasonably calculated to
circumstances under paragraph 3 of Section 5, Rule 114 is fulfill this purpose. (Yap v. CA, G.R. No. 141529)
present then bail shall be denied. (Leviste v. CA, G.R. No. 189122)
3. No bail shall be allowed after a judgment of conviction has An excessive bail makes the right to bail meaningless. Where the right
become final. (Sec. 24, Rule 114, The Revised Rules of Criminal to bail exists, it should not be rendered nugatory by requiring a sum that
Procedure) is excessive. If there were no such prohibition, the right to bail becomes
● If before such finality, the accused applies for probation, meaningless. The Court held that no doctrine refinement may elicit
he may be allowed temporary liberty under his bail. When approval if to do so would be to reduce the right to bail to a barren form
no bail was filed or the accused is incapable of filing one, of words. (De La Camara v. Enage, G.R. No. L-32951-2)
the court may allow his release on recognizance to the
custody of a responsible member of the community. (Id.) Court cannot require a strictly cash bond. The condition that the
4. In no case shall bail be allowed after the accused has accused may have provisional liberty only upon a cash bond is abhorrent
commenced to serve sentence. (Id.) to the nature of bail and transgresses our law on the matter. The sole
purpose of bail is to insure the attendance of the accused when required
WAIVER OF RIGHT TO BAIL by the court, and there should be no suggestion of penalty on the part of
the accused nor revenue on the part of the government. The allowance of
Right to bail may be waived even implicitly in an irrecoverable cash bond in lieu of sureties is authorized in this jurisdiction only because
manner. In People v. Donato, the accused waived his right when he our rules expressly provide for it. And even where cash bail is allowed, the
agreed to “remain in legal custody during the pendency of the trial of his option to deposit cash in lieu of surety bond primarily belongs to the
criminal case.” (People v. Donato, cited in Bernas Green Book, p. 491) accused. Moreover, the burden imposed by requiring a cash bond can
make the bail constitutionally “excessive.” (Almeda v. Villaluz, cited in
EXCESSIVE BAIL Bernas Green Book, p. 489)

Excessive bail is prohibited. The requirement of excessive bail can RIGHT TO BAIL OF MILITARY PERSONNEL
amount to a denial of bail. The right to bail can be rendered useless by a
bail bond set at an exorbitant amount. Whether or not bail is excessive is Soldier under court martial. Tradition has recognized the non-existence
relative to various factors. (Bernas Green Book, p. 496) of the right to bail because of the disciplinary structure of the military and
because soldiers are allowed the fiduciary right to bear arms and can
Excessive if equal to civil liability. The purpose for bail is to guarantee therefore cause great havoc. (Comendador et al. v. De Villa, cited in
the appearance of the accused at the trial, or whenever so required by the Bernas Primer, p. 121)
court. The amount should be high enough to assure the presence of the

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ASPECTS OF THE RIGHT TO BAIL enabling the court to exercise its sound discretion. (Sec. 7 and 8,
Rules of Court)
Loss of right to bail. Since the loss of the right depends upon the 3. Decide whether the evidence of guilt of the accused is strong
quantum of evidence against him, the loss of the right can be determined based on the summary of evidence of the prosecution. (Basco v.
only after hearing. (Marcos v. Cruz, cited in Bernas Primer, p. 122) Rapatalo, cited in Bernas Green Book, p. 487)
4. If the guilt of the accused is not strong, discharge the accused
10 guidelines in fixing bail. In the case of Villaseñor v. Albano, the Court upon the approval of the bail bond. (Sec. 19, Rules of Court)
set out the factors which must be considered in the fixing of bail, as Otherwise, the petition should be denied. (Basco v. Rapatalo,
follows: cited in Bernas Green Book, p. 487)
1. Ability of the accused to give bail;
2. Nature of the offense; Where the accused is charged with a capital offense.
3. Penalty for the offense charged; ● A hearing, mandatory in nature and which should be summary or
4. Character and reputation of the accused; otherwise at the discretion of the court, is required with the
5. Health of the accused; participation of both the defense and a duly notified
6. Character and strength of the evidence; representative of the prosecution for the purpose of ascertaining
7. Probability of the accused appearing in trial; whether or not the evidence of guilt is strong. (Marzan-Gelacio v.
8. Forfeiture of other bonds; Flores, cited in Bernas Green Book, p. 487)
9. Whether the accused was a fugitive from justice when arrested; ● The burden of proof is on the prosecution to show that the
and evidence meets the required quantum. (Id.)
10. If the accused is under bond for appearance at trial in other ● The prosecution must be given an opportunity to present, within a
cases. (De La Camara v. Enage, G.R. No. L-32951-2) reasonable time, all the evidence that it may want to introduce
before the court may resolve the application, since it is equally
Duties imposed upon the judge. In case an application for bail is filed by entitled as the accused to due process. The petitioner has the
the accused, certain duties are imposed upon the judge: right to cross-examine the witnesses and present his own
1. Notify the prosecutor of the hearing of the application for bail or evidence in rebuttal. (Id.)
require him to submit his recommendation. (Sec. 18, Rule 114, ● When, eventually, the court issues an order either granting or
Rules of Court) refusing bail, the same should contain a summary of the evidence
2. Conduct a hearing of the application for bail regardless of for the prosecution, followed by its conclusion as to whether or
whether or not the prosecution refuses to present evidence to not the evidence of guilt is strong. (Id.)
show that the guilt of the accused is strong for the purpose of ● The court cannot rely on mere affidavits or recitals of their
contents, if timely objected to, for these represent only hearsay

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evidence, and thus are insufficient to establish the quantum of person admitted to bail from leaving the country. (Manotoc Jr. v. CA, cited
evidence that the law requires. (Marzan-Gelacio v. Flores, cited in in Bernas Green Book, p. 490)
Bernas Green Book, p. 487) ● When a person who is out on bail is convicted, the bondsman
must surrender him. (People v. Reyes, cited in Bernas Green
Quantum of evidence. In order to deny an accused the right to bail, there Book, p. 490)
should be “strong evidence.” This has been construed to mean “proof
evident” or “presumption great.” (People v. Judge Cabral, cited in Bernas Conviction. After conviction by the trial court, when presumption of
Green Book, p. 488) innocence terminates, the constitutional right to bail should also
● “Proof evident” means clear, strong evidence which leads a terminate. Moreover, in the case of one punishable by death or reclusion
well-guarded dispassionate judgment to the conclusion that the perpetua, the conviction by the trial court is indication that the evidence
offense has been committed as charged, that accused is the of guilt is strong. (People v. Divina, cited in Bernas Green Book, p. 492)
guilty agent, and that he will probably be punished capitally if the
law is administered. (Id.) Right to bail necessarily includes the right to a hearing. When bail is
● “Presumption great” exists when the circumstance testified to denied without a hearing, a fundamental right is violated. (Peralta v.
are such that the inference of guilt naturally to be drawn therefrom Ramos, cited in Bernas Book, p. 494)
is strong, clear, and convincing to an unbiased judgment and ● The presentation of evidence for the prosecution in private
excludes all reasonable probability of any other conclusion. (Id.) inquiry, in the absence of the detainee, and the subsequent
● The test is not whether the evidence establishes guilt beyond issuance of an order on the basis of private inquiry, cannot be
reasonable doubt but rather whether it shows evident guilt or a allowed. (Herras Teehankee v. Director of Prisons, cited in Bernas
great presumption of guilt. (Id.) Green Book, p. 494)
● If the prosecution does not present evidence, the court may ask ● The hearing need not be separate and distinct from the trial itself
the prosecution such questions as would ascertain the strength of and it need only be summary. The right to a prompt hearing is
the state’s evidence or judge the adequacy of the amount of bail. waived agreeing to postponements. (Bernas Green Book, p. 494)
(Tolentino v. Judge Camanao Jr., cited in Bernas Green Book, p. ● Parallel to the accused’s right to a hearing is the prosecution’s
488) right to present evidence. If the prosecution is denied such right,
the grant of bail is void. (Borinaga v. Tamin, cited in Bernas Green
Right to leave the country. If granted bail, the accused does not Book, p. 494)
necessarily have the right to leave the country. As a necessary
consequence of the bail bond, which is intended to make a person Suspension of the privilege of writ of Habeas Corpus. The new
available any time he is needed by the court, a court may prevent a Constitution contrary to past jurisprudence (e.g. Garcia-Padilla v. Enrile)
now says that the right to bail is not suspended. (Bernas Primer, p. 126)

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RECOGNIZANCE

Recognizance. It is another instrument for obtaining release from

detention. Recognizance is an obligation of record entered into before a
court guaranteeing the appearance of the accused for trial. It is in the
nature of a contract between the surety and the state. (People v. Abner,
cited in Bernas Green Book, p. 496)
● The details on how recognizance can be obtained and when it is
applicable is left to legislation. (I RECORD, cited in Bernas Green
Book, p. 496)
● Contrasting bail from recognizance, recognizance is a mode to
secure the release of any person in custody or detention for the
commission of an offense as he is unable to post bail due to
poverty. On the other hand, bail only happens when there is an
arrest. While in bail, one pays, in recognizance, one promises his
return or that someone from his community vouches for his
appearance in court. (Class Discussion)

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DUE PROCESS OF LAW

Section 14.
1. No person shall be held to answer for a criminal offense Scope. The due process in this article means procedural due process.
without due process of law. (U.S. v. Ocampo, cited in Bernas Green Book, p. 498) Apart from the
2. In all criminal prosecutions, the accused shall be presumed provisions of section 14, all other provisions related to criminal
innocent until the contrary is proved, and shall enjoy the right prosecutions must be followed. (Bernas Primer, p. 127).
to be heard by himself and counsel, to be informed of the ● “It may be concluded that the criminal due process clause of the
nature and cause of the accusation against him, to have a Bill of Rights presupposes that the penal law being applied
speedy, impartial, and public trial, to meet the witnesses face satisfies the substantive requirement of due process.” (Bernas
to face, and to have compulsory process to secure the Green Book, p. 498)
attendance of witnesses and the production of evidence in his ● While the right to appeal is essentially statutory, once it is granted
behalf. However, after arraignment, trial may proceed by law, its suppression becomes a violation of due process
notwithstanding the absence of the accused provided that he required in the Constitution. (Id.)
has been duly notified and his failure to appear is unjustifiable. ● Due process is satisfied if the accused is: “informed as to why he
is proceeded against and what charge he has to meet, with his
conviction being made to rest on evidence that is not tainted with
CARDINAL RIGHTS OF THE ACCUSED falsity after full opportunity for him to rebut it and the sentence
being imposed in accordance with a valid law. It is assumed, of
1. Right to due process of law; course, that the court that rendered the judgment is one of
2. Right to be presumed innocent until proven guilty; competent jurisdiction”. (Nunez v. Sandiganbayan, cited in Bernas
3. Right to be heard; Green Book, p. 499)
4. Right to assistance of counsel; ● Not easily subsumable under the more specific rights of the
5. Right to be informed of the nature and cause of the accusation accused is the right against trial by publicity. (Bernas Green Book,
against him; p. 499)
6. Right to have a speedy, impartial, and public trial;
7. Right to meet the witnesses face to face; and Right against trial by publicity. There must be allegation and proof that
8. Right to have a compulsory process to secure the attendance of the judges have been unduly influenced, not simply that they might be, by
witnesses and the production of evidence on his behalf. the barrage of publicity because the subliminal effects of publicity are
basically unbeknown and beyond knowing. (Webb v. de Leon, cited in
Bernas Green Book, p. 500)

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● The court has in its previous decisions closely adhered to the Supreme Court’s limited supervision. SC, generally, has no supervisory
American approach in dealing with cases on adverse publicity. authority over military courts. However, by the National Security Code (PD
The American approach looks with skepticism on the potential 1498), the SC does not review decisions of military commissions but of
effect of publicity on the right to a fair trial and which requires the Court of Military Appeals in cases appealed to the latter by military
“substantial probability of irreparable harm, strong likelihood, commissions. (Bernas Primer, p. 128)
clear and present danger, etc.” (Estrada v. Desierto, cited in ● The issuance of denial of other right to present evidence should
Bernas Green Book, p. 501) first be passed upon by military authorities. (Bernas Primer, p.
128)
Right to impartiality as contemplated under Section 14(1) and 14(2). ● The delimited role of the Supreme Court with respect to military
It is necessary to discuss impartiality more generally under the due personnel comes from “generally accepted principles of
process clause of 14(1) because of the way some portions of Section international law” which the Constitution recognizes as part of the
14(2) have been interpreted. Rights enumerated in Section 14(2), including law of the land. (Bernas Green Book, p. 506)
the right to impartiality, are protected only during the trial. Impartiality,
however, is an imperative need even in the investigations that precede the Jurisdiction. Military courts cannot have jurisdiction to try civilians for
trial and also in the decision making process that follows the trial. (People offenses allegedly committed when civil courts are open and functioning.
v. Jose, cited in, Green Book, p. 503) (Ex parte Milligan, cited in Bernas Green Book, p. 504) Jurisdiction of the
military court over civilians ended with the lifting of the martial law on
DUE PROCESS AND MILITARY TRIBUNALS January 17, 1981. But not completely. (Bernas Green Book, p. 504) The
jurisprudential history of the scope of its jurisdiction is as follows:
Uniqueness. Since it is the primary business of armies and navies to fight ● Aquino, Jr. v Military Commission (1975). Justice Antonio said
or be ready to fight wars should the occasion arise, the military is a that due process is not necessarily a judicial process. When
specialized society distinct from civilian. For this reason, military justice absolutely imperative for public safety, legal process can be
has traditionally been characterized by features which emphasize superseded, and military tribunals authorized to exercise
“summary procedures, speedy convictions and stern penalties with a jurisdiction normally vested in the courts.
view to maintaining obedience and fighting fitness in the ranks”. (Reid v. ● Olaguer v. Military Commission No 34 (1987). This overturned
Covert, cited in, Bernas Green Book, p. 503) the doctrine above. It was held that a military commission or
● To the civilian used to the procedure of civilian courts, the quality tribunal cannot try and exercise jurisdiction, even during martial
of military justice might appear rough and rudimentary. (Bernas law, over civilians for offenses allegedly committed by them as
Green Book, p. 504) long as the civil courts are open and functioning, and that any
judgment rendered by such body relating to a civilian is null and

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void for lack of jurisdiction on the part of the military tribunal the defendant to show or to explain that such facts or acts are
concerned. not criminal.
● Tan v. Barrios (1990). It held that the Olaguer doctrine be applied ● The State has a right to declare what acts are criminal, within
only to future cases and cases still ongoing or not yet final when certain well-defined limitations, and also has a right to specify
the decision was promulgated. The trial of thousands of civilians what act/s shall constitute a crime, as well as what proof shall
for common crimes before military tribunals is on operative fact constitute prima facie evidence of guilt, and then to put upon
that may not justly be ignored. (Bernas Green Book, pp.504-08) the defendant the burden of showing that such act/s are
innocent and were not committed with any criminal intent.
PRESUMPTION OF INNOCENCE Presumption of innocence does not preclude shifting of the
burden of proof.
Unqualified presumption. Innocence does not need to be declared; it is
presumed. (Castillo v. Filltex International Corp, cited in Bernas Primer, p. Presumption upon conviction. If conviction of lower court is still on
129). appeal, it has not yet reached finality and the accused still enjoys the
presumption of innocence. It ends upon finality of conviction. (Bernas
Effect and quantum of proof needed to overcome presumption. The Primer, p. 131)
Constitution mandates that an accused shall be presumed innocent until
the contrary is proved beyond reasonable doubt. The presumption of Proximity of elections and grounds for disqualification. The
innocence shall prevail and the accused shall be acquitted if the challenged proviso contravenes the constitutional presumption of
prosecution fails to meet the required quantum of evidence. (Bernas innocence, as a candidate is disqualified from running from public office
Green Book, p. 510) on the ground alone that charges have been filed against him before a
civil or military tribunal. It condemns before one is fully heard. In ultimate
Burden of proof; general rule: Every man is presumed to be innocent effect, except as to the degree of proof, no distinction is made between a
until his guilt is proved beyond reasonable doubt. In a criminal person convicted of acts of disloyalty and one against whom charges
prosecution, therefore, the burden is upon the State to prove every fact have been filed for such an act as both of them would be ineligible to run
and circumstance, constituting the crime charged, for the purpose of for public office. (Dumlao v. COMELEC, G.R. No. L-52245)
showing the guilt of the accused. (US v. Luling, G.R. No. 11162) ● And although the filing of charges is considered as but prima
● Exception: It is entirely within the authority of the Philippine facie evidence, and therefore, may be rebutted, yet, there is
Legislature to adopt a law which shall provide that certain facts "clear and present danger" that because the proximity of the
shall constitute prima facie evidence of the guilt of those who elections, time constraints will prevent one charged with acts of
are charged with a violation of said law and that after said prima disloyalty from offering contrary proof to overcome the prima
facie case is made by the prosecution, the burden is then upon facie evidence against him.

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● The timing of the filing of the charge can have the effect of Qualities demanded of hearer:
assumption of guilt when this will result in the accused not 1. Fairness and impartiality;
having the time to defend himself from the charges. 2. Judge must maintain an attitude of neutrality in regard to
prosecution and the accused; and
Equipoise rule. Where the evidence of the parties in a criminal case is 3. Influence on the judge, even if unconscious, which prevents
evenly balanced, the constitutional presumption of innocence should tilt careful review of the evidence can nullify the decision. (Id.)
to the scales in favor of the accused. Equipoise cannot be invoked if the
evidence is not evenly balanced. (Malana v. People, cited in Bernas Green Time and preparation for the trial. Right to two days of preparation for
Book, p. 514) trial is granted by the Rules of Court. If demand for such time is properly
made, the court should grant it as a matter of right. (People v. Valte, cited
RIGHT TO BE HEARD in Bernas Green Book, p. 515)
● However, harmless departure from this rule is not a reversible
Meaning. In a very broad sense this means the totality of the rights error. (McMiking v. Shields, Shields v McMicking, cited in Bernas
embodied in an adequate criminal procedural system. The right to be Green Book, p. 515)
heard includes the right of the accused to be present in the trial. But it ● What is forbidden is the refusal to grant the time asked by the
only covers the period from arraignment up to promulgation of the defendant. (People v. Cruz, People v. Kagui Malasugui, cited in
sentence. This is exempted however when circumstances makes it Bernas Green Book, p. 515)
mandatory for the court to hold a trial in absentia. (Bernas Green Book, p. ● Accused must also be given “adequate freedom of action, if the
514) courts are to give form and substance to this guarantee. (Arnault
v. Pecson, cited in Bernas Green Book, p. 515)
Facets of the general right to be heard:
1. Right to present evidence and to be present at the trial; RIGHT TO PRODUCTION OF EVIDENCE
2. Right to counsel;
3. Right to impartial judge; The more active role of the accused in expressing the right to be
4. Right of confrontation; and heard included three specific rights:
5. Right to compulsory process to secure the attendance of 1. The right to present evidence includes the right to testify in
witnesses. (Id.) one’s favor;
2. The right to call witnesses; and
3. The right to present evidence even after motion to dismiss,
made before presentation of evidence for the defense has
been denied. (Bernas Green Book, p. 514)

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RIGHT TO COUNSEL otherwise, it will be within the court’s discretion. (Libuit v. People, cited in
Bernas Green Book, p. 522)
Purpose. The right to counsel serves to protect people who lack both the ● But an accused who wishes to withdraw his appeal to the
skill and knowledge to adequately prepare for his defense. (Powell v. Supreme Court on the ground that he could not afford counsel
Alabama, cited in Bernas Green Book, p. 516) should be given counsel de officio instead. (People v. Rio, cited
in, Bernas Green Book, p. 521)
Five basic elements of the right to counsel:
1. The court is duty bound to inform the defendant that he has a Distinguishing the right to counsel under Article 3, Section 12(1) and
right to an attorney before he is arraigned; 14(2). The difference of the right to counsel under Art. III, Sec. 12(1) and
2. The court must ask him if he desires the service of counsel; 14(2) lies on the preference in the choice of counsel which more
3. If he does, and is unable to get one, the court must assign specifically pertains to a person under investigation, rather the one who is
counsel de officio; the accused in a criminal prosecution. (Amion v. Chiongson, cited in
4. Or, if the accused wishes to procure private counsel, the court Bernas Green Book, p. 521)
must give him time to obtain one; and
5. Where the duly authorized “members of the bar are not available, Waiver. Where the defendant, on being asked whether he could afford to
the court may appoint any person resident of the province and of employ a lawyer, replied in the affirmative but said that he had been
good repute for probity and ability. (Bernas Green Book, p. 520) unable to come to an agreement with any one as to the amount he should
pay for the services and thereupon entered into trial conducting his own
Pre-arraignment duties of the judge: defense, he was deemed to have waived his right. (U.S. v. Go-Leng, cited
1. Inform the accused of his right to have his own counsel before in Bernas Green Book, p. 522)
being arraigned; ● The accused was informed by the judge of his right to counsel
2. Ask the accused whether he desires the aid of counsel; and he was asked if he desired one. He answered that he did not.
3. If he so desires, the court must grant him reasonable time to He was then asked if he agreed to have the information read to
do so; and him even without counsel. He agreed. Thereupon, the information
4. If he is unable to employ one, the court must assign counsel was read and translated to him. He pleaded guilty. He was then
de oficio to defend him. (Sec. 6 of Rule 116, Rules of Court) asked whether he realized that because of his plea of guilt the
punishment provided by law would be imposed on him. He
When appointment of counsel de officio is mandatory. According to answered that he did. He was deemed to have validly waived his
Section 6 of Rule 116 of the Rules of Court, the duty of the court to right. (People v. Sim Ben, cited in Bernas Green Book, p. 522)
appoint a counsel de officio is mandatory only during arraignment;

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Uncounseled accused and neglected pre-arraignment duty of the Constitutional requisite. The cardinal requisite is, the accused must be
judge. The accused was unassisted by counsel during the trial, informed of the facts imputed to him. The information must describe the
furthermore, he was asked by the judge: “Do you have an attorney or are act with sufficient particularity. Facts must be stated and not a conclusion
you going to plead guilty?" It is not enough for the Court to ask the of law. Complaint must contain specific allegations of every fact and
accused whether he desires the aid of an attorney, but it is essential that circumstance necessary to constitute the crime charged. (Green Book, p.
the court should assign one de oficio if he so desires and he is poor grant 523-524; Bernas Primer, p. 135)
him a reasonable time to procure an attorney of his own. No fair hearing
can take place unless the right to be heard would include the right to be Sufficiency of complaint or information. For a criminal information to
heard by counsel. (People v. Holgado, G.R. No. L-2809) comply with the right of the accused to be informed, it must state the
● Whenever a protection given by the Constitution is waived by the following:
person entitled to that protection, the presumption is always 1. Name of the accused;
against the waiver. The prosecution must prove with strongly 2. Designation given to the offense by statute;
convincing evidence to the satisfaction of this Court that indeed 3. A statement of the acts or omissions so complained of as
the accused willingly and voluntarily submitted his confession and constituting the offense;
knowingly and deliberately manifested that he was not interested 4. Name of the offended party;
in having a lawyer assist him during the taking of that confession. 5. Approximate time and fate of the commission of the offense; and
● Effect of violation of this right warrants that the accused shall be 6. The place where the offense was committed. (Section 6, of Rule
granted a new trial. 110, Rules of Court)

RIGHT TO BE INFORMED Designation of the offense. The complaint or information shall state the
designation of the offense given by the statute, aver the acts or omissions
Purpose and scope: constituting the offense, and specify its qualifying and aggravating
1. The right to be informed enables the accused to prepare his circumstances. If there is no designation of the offense, reference shall be
defense as he is presumed to have no independent knowledge made to the section or subsection of the statute punishing it. (Sec. 8,
of the facts constituting the crime charged; Rule 110, Rules of Court)
2. In order for the accused to avail himself of his conviction or
acquittal for the protection against further prosecution for the Waiver. The insufficiency of the information may be waived if the accused
same cause; and fails to object to its validity during trial and such deficiency is cured by
3. To inform the court of the facts alleged, so that it may decide competent evidence presented. (People v. Palarca, cited in Bernas Green
whether they are sufficient in law to support a conviction, if one Book, p. 524)
should be had. (Bernas Primer, p. 135)

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Qualifying circumstance of murder not properly alleged in the Relationships must be alleged if material to the offense. The qualifying
information. The presence of a qualifying circumstance must be circumstance in the information for rape stated that appellant was the
expressly and specifically averred in the information. In the absence of stepfather of the victim but in truth he was only a common law spouse of
such allegation, the qualifying circumstance, although proven, would only the mother of the accused. One must be properly informed of the nature
be appreciated as an aggravating circumstance. Appellant can therefore and cause of accusation against him. In a criminal prosecution, it is a
be convicted only of the crime of homicide, aggravated by the fundamental rule that every element of the crime charged must be alleged
circumstance of “in contempt or with insult to the public authorities.” in the complaint or information. The main purpose of this requirement is
(People v. Regala, G.R. No. L-23693) to enable the accused to properly prepare his defense. He is presumed to
● Moreover, the fact that the crime of assault was established by have no independent knowledge of the facts that constitute the offense.
the evidence of the prosecution without any objection on the part (People v. Begino, G.R. No. 181246)
of the accused cannot likewise cure the aforestated defect;
because to do so would be convicting the accused of a crime not Date of commission of the crime. Failure to specify the exact date and
properly alleged in the body of the information in violation of his time in an information does not ipso facto make said information void for
right to be informed of the nature and cause of the accusation. so long as date and time is not a material ingredient of the criminal
● Always go for the lesser offense when you have a offense - in this case, rape. As such, the date or time need not be stated
discrepancy between what is in the information and what is with absolute accuracy. It is sufficient that the complaint or information
proven in court. When the offense filed in the information is for states that the crime has been committed at any time as near as possible
rape but all elements of it are not proven in court and only that of to the date of its actual commission. (People v. Ching, G.R. No. 177150)
acts of lascivousness, you can be convicted of acts of ● Section 6 of Rule 110 of the Rules of Court merely requires that
lasciviousness - when elements of it is necessarily included in the the information state the approximate time of the commission of
supposed information for rape. In a different example of when it is the offense. (Bernas Primer, p. 137
acts of lasciviousness that is filed in the information but during
the trial what was actually proven in court was for rape, the RIGHT TO SPEEDY TRIAL
accused can only be convicted for acts of lasciviousness
because it is what was charged and it is the lesser offense. Unreasonable delay. What the constitution prohibits is unreasonable
Always go to the lesser offense if all the elements or acts of it are delay to which reason cannot be attributed to the accused. (Bernas Green
included within either the information or crime proven. (Class Book, p. 526)
Discussion)
Determination of whether the right has been violated must be based
on the balancing of various factors:
1. Length of delay;

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2. Reason of delay; absent when his whereabouts are unknown or his whereabouts
3. Effort of defendant to assert his rights; and cannot be determined by due diligence. He shall be considered
4. The prejudiced caused the defendant unavailable whenever his whereabouts are known but his
● Hence, a delay of four days in the transmission of appeal presence for trial cannot be obtained by due diligence.
papers from the Justice of the Peace of the Court of First 3. Any period of delay resulting from the mental incompetence or
Instance was not considered a violation of the right physical inability of the accused to stand trial.
● A typhoon could justify delay. So could circumstances of war 4. If the information is dismissed upon motion of the prosecution
and liberation. (Bernas Green Book, p. 527) and thereafter a charge is filed against the accused for the same
offense, any period of delay from the date the charge was
Exclusions when computing the time of delay. The following period of dismissed to the date the time limitation would commence to run
delay shall be excluded in computing within which trial must commence: as to the subsequent charge had there been no previous charge.
1. Any period of delay resulting from other proceedings concerning 5. A reasonable period of delay when the accused is joined for trial
the accused, including but not limited to the following: with a co-accused over whom the court has not acquired
a. Delay resulting from an examination of the physical and jurisdiction, or, as to whom the time for trial has not run and no
mental condition of the accused; motion for separate trial has been granted.
b. Delay resulting from proceedings with respect to other 6. Any period of delay resulting from a continuance granted by any
criminal charges against the accused; court motu proprio, or on motion of either the accused or his
c. Delay resulting from extraordinary remedies against counsel, or the prosecution, if the court granted the continuance
interlocutory orders; on the basis of its findings set forth in the order that the ends of
d. Delay resulting from pre-trial proceedings; provided, that justice served by taking such action outweigh the best interest of
the delay does not exceed thirty (30) days; the public and the accused in a speedy trial. (Section 3, of Rule
e. Delay resulting from orders of inhibition, or proceedings 119, Rules of Court)
relating to change of venue of cases or transfer from
other courts; Commencement of the counting of delay. One begins to count the
f. Delay resulting from a finding of the existence of a delay of trial after the filing of the information. (Martin v. General Fabian,
prejudicial question; and cited in Bernas Primer, p. 139)
g. Delay reasonably attributable to any period, not exceed
thirty (30) days, during which any proceeding concerning Right to speedy trial a two-edged sword. It can work against or in favor
the accused is actually under advisement. of the accused. Since the prosecution has a burden of proof, delay in trial
2. Any period of delay resulting from the absence or unavailability of caused by disappearance of witnesses and dimming of memories can
an essential witness. An essential witness shall be considered actually lessen the chance of conviction. Similarly, the accused’s own

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witnesses can disappear or suffer a similar dimming of memory. (Bernas RIGHT TO IMPARTIAL TRIAL
Green Book, p. 527)
In relation to the due process clause under 14(1). The right to impartial
What constitutes a trial. Trial includes hearing, reception of evidence trial is a corollary right of due process. (Bernas Green Book, p. 526; Mateo
and other processes, such as decision in the first instance, appeal and Jr. v. Villaluz, G.R. Nos. L-34756-59)
final executory decision in the last instance. (Velasquez v. Director of
Prisons, cited in Bernas Green Book, p. 528) Self-disqualification of a judge. Suspect Reyes questions impartiality of
the judge when an extrajudicial confession sworn by the judge was later
Waiver. Waiver of the right to speedy trial may be presumed only when on repudiated and the judge may have found this offensive. A certain
the postponement of the trial has been sought or obtained by the degree of objectivity is necessitated to reassure litigants of the judge’s
accused himself or by his attorney. (Kalaw v. Apostol, cited in Bernas fairness. Judges must see parties stand on equal footing and that every
Green Book, p. 528) litigant is entitled nothing less than the cold neutrality of an impartial
● But the presumption is always against the waiver of judge. A judge has a duty of rendering a just decision and the duty of
constitutionally protected rights. (People v. Jara, cited in Bernas doing it in a manner “completely free from suspicion as to its fairness and
Green Book, p. 528) as to his integrity.” (Mateo Jr. v. Villaluz, G.R. Nos. L-34756-59)
● According to Rule 137, Sec. 1 of the Rules of Court, a judge may,
Effect of dismissal for violation of this right. A dismissal for violation of in the exercise of his sound discretion, disqualify himself from
this right is equivalent to acquittal and is therefore a bar to subsequent sitting in a case, for just or valid reasons such as familial
prosecution for the same offense. (Bernas Green Book, p. 529) relationship, pecuniary interest, and conflict of interest.
● If the Supreme Court were of the opinion that the litigant did not
Remedy for vexatious, capricious, and oppressive delays. The have a fair trial, a new trial may be granted.
accused was “compelled to dance attendance on courts while
investigations and trials were arbitrarily postponed without her consent”.
RIGHT TO PUBLIC TRIAL
Where a prosecuting officer, without good cause, secures postponements
of the trial of a defendant against his protest beyond a reasonable period
Definition. A public trial is any trial when “anyone interested in observing
of time, the accused is entitled to relief by a proceeding in mandamus to
the manner a judge conducts the proceedings in his courtroom may do
compel a dismissal of the information, or if he be restrained of his liberty,
so.” There is no violation of the right when there is no evidence of an
by habeas corpus to obtain his freedom. (Conde v. Rivera, G.R. No.
attempt to exclude the public. (Garcia v. Domingo, cited in Bernas Green
21741)
Book, p. 530)

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Purpose. This right safeguards from abuse of judicial power by RIGHT TO CONFRONTATION, TO CROSS-EXAMINE OR TO
subjecting criminal proceedings to the “forum of public opinion”. (Id.) MEET WITNESS FACE TO FACE

One-man grand jury conducts a secret criminal trial. A recognized Right to be heard and right to confrontation. Closely connected with
exception to the general rule that a trial must be public is that the general and equally essential as the right to be heard is the right “to meet the
public may be excluded when the evidence to be presented in the witnesses face to face”, or as Rule 115, Section 1(f) of the Rules of Court
proceeding may be characterized as “offensive to decency or public expresses it, “to confront and to cross-examine the witnesses against him
morals.” But even in such instances, the constitution demands that the at the trial”. (Bernas Green Book, p. 530)
accused should be allowed to have his friends, relatives and counsel
present, no matter with what offense he may be charged. (In Re Oliver, Two-fold purpose of the right:
333 U.S. 237) 1. Primarily, to afford the accused an opportunity to test the
● The general public may also be excluded if the case involves testimony of the witness through cross-examination; and
minors or children. (Class Discussion) 2. Secondarily, to allow the judge to observe the deportation of the
witness. (U.S. v. Anastacio, cited in, Bernas Green Book, p. 530)
COMPULSORY PROCESS IN SECURING THE ATTENDANCE
OF WITNESS AND PRODUCTION OF EVIDENCE Establishing right to continuance/postponement of trial or hearing by
IN HIS BEHALF reason of the absence of the witnesses, a party may establish that :
1. The witness is really material;
Slight modification to the right to compulsory process in the 1973 2. He is guilty of no neglect in previously obtaining the attendance of
and 1987 Constitution. Equally important as the right to counsel is the witness;
right to compulsory process for the attendance of witnesses. The 1973 3. Witness will be available at desired time; or
Constitution and now the 1987, has modified the guarantee slightly by 4. No similar evidence could be obtained. (US v. Ramirez, cited in
adding the right to have compulsory process to secure “the production of Bernas Green Book, p. 533)
evidence in his behalf”. (Bernas Green book, p. 533)
Ordering of arrest of a witness as an exercise of the compulsory
Right must be invoked immediately during trial. The right to power of the court. The Court also said in a capital case that the judge
compulsory process of securing the attendance of witnesses cannot be acted precipitously in not having a witness brought to court by ordering
invoked on appeal if he made no effort during the trial to avail himself of her arrest instead of leaving the appearance of the witness to the
it. (US v. Garcia, cited in Bernas Green Book, p. 533) persuasive power of the accused. (People v. Bardaje, cited in Bernas
Primer, p. 145)

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Effect and illustration of violation of this right. Under the Right of case and extensive opportunity for cross-examination was already given,
Confrontation, testimony not subjected to cross-examination must be and the witness is not merely refusing to testify but is actually missing.
excluded from consideration. (Bernas Green Book, p. 531) (People v. Villaluz, cited in Bernas Primer, p. 142)
● “Remarks about the accused found in the proceedings of a
municipal council meeting are not admissible in evidence.” (U.S. Exceptions to the right of confrontation:
v. Tanjuanco, cited in Bernas Green Book, p. 531) ● No right of confrontation to informants who are not witnesses.
● “Nor is the evidence in another case, where the accused was not (Bernas Primer, p. 144)
a party and in which he was not heard, admissible against him.” ● Section 12(1), in its enumeration of the rights constitutionally
(U.S. v. Bello, cited in Bernas Green Book, p. 531) guaranteed during investigation, it does not include right to
● Agreements between prosecution and the defense regarding confrontation. (Bernas Green Book, p. 532)
certain witnesses, would testify to certain facts can deprive the ● Preliminary examination is generally a proceeding ex parte in
accused of the right to confrontation. (U.S. v. Donato, cited in which the person charged has nor right to participate or be
Bernas Green Book, p. 531) present. The purpose of this examination is merely to determine
○ Only allowed if there has been a waiver of the right to whether there is sufficient reason to issue a warrant of arrest.
confrontation and the agreement is based on previously (Marinas v. Siochi, cited in Bernas Green Book, p. 533)
obtained evidence, which can be reviewed by the ● No right to cross-examine the witness presented against him
appellate court. (U.S. v. Pobre, cited in Bernas Green before his arrest. (Bernas Green Book, p. 533)
Book, p. 531) ● Dying declaration. They are declarations made in extremity,
when the party is at the point of death, and when every hope of
Admissibility of testimony when a witness dies. If cross-examination this world is gone; when every motive of falsehood is silenced
was done, but not finished, the testimony that has already been covered and the mind is induced by the most powerful considerations to
shall be admissible. (People v. Seneris, cited in Bernas Green Book, p. speak the truth. (U.S. v. Gil, cited in Green Book p. 532) (Bernas
531) Green Book, pp. 532-33)
Oath of yamin in the Special Rules of Procedure in Sharia Courts.
When a witness is not merely refusing to testify but is actually Section 7 of the Special Rules of Procedure prescribed for Shari'a courts
missing. When a witness in a criminal prosecution testified at the provides that if the plaintiff has no evidence to prove his claim, the
preliminary investigation and was extensively cross-examined by the defendant shall take an oath and judgment shall be rendered in his favor
defense. When trial came, the witness could not be found in spite of the by the Court. On the other hand, should the defendant refuse to take an
combined efforts of national and local law enforcement agencies. The oath, the plaintiff may affirm his claim under oath, in which case judgment
transcripts of the witness' testimony at the preliminary investigation will shall be rendered in his favor. The said provision in the Special Rules of
be admitted in evidence since admission will be for the same criminal Procedure in Shari’a Courts denies a party his right to confront the

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witness against him and to cross-examine the same. (Tampar v. Usman, 3. During the promulgation of judgment unless it is a light felony
G.R. 82077) (Class Discussion)

RIGHT TO SECURE PRODUCTION OF EVIDENCE Condition for allowing waiver. Right to be present may be waived
ON HIS BEHALF provided that after arraignment the accused may be compelled to appear
for the purpose of identification by the witnesses of the prosecution, or
When it can be asserted. Preliminary investigation is not too early a stage provided he unqualifiedly admits in open court that he is the person
to stand guard against any significant erosion of the constitutional right to named as defendant in the case on trial. (Bernas Green Book, p. 535)
due process. At this stage, the accused should not be denied access to
evidence favorable to him since preliminary investigation can result in arrest Right to be present is not an absolute rule. After repeated warnings,
or deprivation of liberty. (Webb v. De Leon, cited in Bernas Green Book, p. the trial judge ordered the accused removed from court and told him that
534) the trial would continue in his absence until he promised to conduct
● Absent showing of arbitrary, whimsical, and capricious denial of himself in a manner befitting a courtroom. On appeal, the SC held that the
the right to have compulsory process, service of written behaviour of the accused had forfeited his right to be present. (Illinois v.
interrogatories is not within the scope of this constitutional right Allen, cited in Bernas Green Book, p. 534)
especially when witnesses and evidence may still be presented
by the parties to establish the facts, even without the written Three requisites for a valid trial in absentia:
interrogatories. (Fajardo v. Garcia, cited in Bernas Primer, p. 144) 1. Accused has been arraigned;
2. Notice of trial has been duly served to him and properly
TRIAL IN ABSENTIA: RIGHT TO BE PRESENT returned; and
3. His failure to appear is unjustifiable. (Bernas Primer, p. 132;
Bernas Green Book, p. 534)
Definition and purpose. Trial in absentia simply means that the accused
waives his right to meet the witnesses face to face. The trial may proceed,
Presence is mandatory for identification. Waiver of appearance and
despite the absence of the accused. Its purpose is to prevent
trial in absentia does not mean that the prosecution is thereby deprived of
unnecessary delays in trial caused by the failure of the accused to attend,
its right to require the presence of the accused for purposes of
provided that his absence is unjustifiable. (People v. Salas, cited in Bernas
identification by its witnesses which is vital for the conviction of the
Green Book, p. 534)
accused. Such waiver of a right of the accused does not mean a release
of the accused from his obligation under the bond to appear in court
Instances when presence of the accused is mandatory:
whenever so required. (Carredo v. People, G.R. No. 77542)
1. During arraignment;
2. Whenever he is asked to be identified during trial; and

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● Accused must admit that everytime the witness mentions a

name by which he is known, the witness is to be understood to
be referring to him. The reason for his mandatory presence for
this purpose is if he is not identified, the accused may use it as
a defense that he was never identified and can be acquitted.

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 ARTICLE III | SECTION 15

detained for an offense covered by the suspension, the court may not
inquire further. (Bernas Primer, p. 145)
Section 15. The privilege of the writ of habeas corpus shall not be
suspended except in cases of invasion or rebellion when the public
Suspension of the privilege of the writ does not suspend the right to
safety requires it.
bail. Section 13 of the Bill of Rights provides that the right to bail shall not
be impaired even when the privilege of the writ of habeas corpus is
HABEAS CORPUS suspended”. (Sec. 13, Art III, 1987 Constitution)

Requisites for validity of suspension of the privilege of the writ. Two

Writ of habeas corpus. It is defined as a writ directed to the person
requisites must concur:
detaining another, commanding him to produce the body of the prisoner
1. The existence of actual invasion or rebellion; and
at a designated time and place, with the day and cause of his caption and
2. Public safety requires the suspension. (Sec. 15, Art. III, 1987
detention, to do, submit to, and receive whatever the court or judge
Constitution)
awarding the writ shall consider in that behalf. Hence, an essential
requisite for the availability of the writ is actual deprivation of personal
Power to suspend the privilege of the writ. The President may suspend
liberty. (Bernas Primer, p. 145)
the privilege. (Bernas Primer, p. 146)

Liberty may not be lost by physical compulsion alone. Freedom may

Limitations on the power to suspend the privilege of the writ. The
also be lost due to external moral compulsion, to founded or groundless
President may suspend the privilege for a period not exceeding sixty
fear, to erroneous belief in the existence of an imaginary power of an
days. However, the Congress is given the power to revoke the suspension
impostor to cause harm if not blindly obeyed, to any other psychological
and the President may not set aside such revocation. Congress, upon the
element that may curtail the mental faculty of choice or the unhampered
initiative of the President, may also extend the suspension. Moreover, the
exercise of the will. (Caunca v. Salazar, cited in Bernas Green Book, p.
Supreme Court, upon the initiative of any citizen, may review the
536)
“sufficiency of the factual basis” of the suspension and “must promulgate
its decision thereon within thirty days from its filing.” (Sec. 18, Art. VII,
Privilege of the writ of habeas corpus. It is the right to have an
1987 Constitution)
immediate determination of the legality of the deprivation of liberty.
(Bernas Primer, p. 146)
Scope of the suspension of the privilege. The suspension of the
privilege of the writ shall apply only to persons judicially charged for
Suspension of the privilege of the writ. In Section 15, the writ is never
rebellion or offenses inherent in or directly connected with invasion.
suspended; only the privilege of the writ. For example, once the officer
(Bernas Primer, p. 309)
making the return shows to the court that the person detained is being

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 ARTICLE III | SECTION 16

2. Unjustified postponements of the trial are asked for and secured;

or when
Section 16. All persons shall have the right to a speedy disposition of
3. Without cause or justifiable motive a long period of time is
their cases before all judicial, quasi-judicial, or administrative bodies.
allowed to elapse without the party having his case tried. (Binay v.
Sandiganbayan, G.R. No. 120681)
RIGHT TO SPEEDY DISPOSITION OF CASES
Factors to consider. The concept of “speedy disposition of cases” is a
Coverage. It covers the periods before, during, and after trial (all phases). relative term and must necessarily be a flexible concept. It is consistent
In this respect, it gives broader protection than Section 14(2) which with reasonable delay. In determination of whether or not the right has
guarantees merely the right to a speedy trial (trial phase). (Green Book, p. been violated, the factors that may be considered and balanced are:
556) 1. Length of delay;
2. Reason for delay;
Difference between Section 14 (speedy trial) and Section 16 (speedy 3. Assertion of the right or failure to assert it; and
disposition of cases) 4. Prejudice caused by delay. (Green Book, p. 557)
● Section 14 covers only the trial phase of criminal cases.
● Section 16 covers all phases of any judicial, quasi-judicial or Remedy. If there has been unreasonable delay in the resolution of a case,
administrative proceedings. the remedy is dismissal through “mandamus”. (Roque v. Ombudsman,
cited in Bernas Primer, p. 147)
Who may avail, or type of proceedings. This right is not limited to the
accused in criminal proceedings but extends to all parties in all cases,
including civil and administrative cases, and in all proceedings, including
judicial and quasi-judicial hearings. Hence, under the Constitution, any
party to a case may demand expeditious action on all officials who are
tasked with the administration of justice. (Lopez Jr. v. Ombudsman, cited
in Green Book, p. 557)

Violation of the right. The right to a speedy disposition of a case, like the
right to speedy trial, is deemed violated only when:
1. The proceedings is attended by vexatious, capricious, and
oppressive delays; or when

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Incriminating question. A question tends to incriminate when it elicits

one of the elements of a criminal act. The right thus includes the right to
Section 17. No person shall be compelled to be a witness against
refuse to testify to a fact which would be a necessary link in a chain of
himself.
evidence to prove the commission of a crime by a witness. (Isabela Sugar
Co. v. Macadaeg; Fernando v. Maglanoc, cited in Bernas Primer, p. 148)
RIGHT AGAINST SELF-INCRIMINATION
KINDS OF COMPULSION
Definition. Under the right against self-incrimination, the accused may UNDER RIGHT AGAINST SELF-INCRIMINATION
not be compelled to take the witness stand. A mere witness who is not an
accused, in order to avail himself of his right, must wait the incriminating Testimonial compulsion. The right against self-incrimination applies
question; the accused, however, may refuse to be a witness altogether. only to testimonial compulsion. “It does not apply to the instant case
(Bernas Green Book, pp. 558-559) where the evidence sought to be excluded is not an incriminating
statement but an object evidence.” (People v. Malimit, cited in Bernas
Purpose for the guarantee. The right against self-incrimination was Primer, p. 149)
established on the grounds of public policy and humanity. Of policy,
because, if the party were required to testify, it would place the witness Compulsion to perform acts requiring intelligence. Writing is
under the strongest temptation to commit perjury; and of humanity, something more than moving the body; it is not a purely mechanical act; it
because it would prevent the extorting of confessions by duress. (US v. requires intelligence and attention. The present case is more serious than
Navarro, G.R. No. 1272) that of compelling the production of documents, because the witness is
compelled to write and create, by means of writing, evidence which does
Persons protected by the self-incrimination clause. Only natural not exist, and which may identify him as the falsifier. The petitioner cannot
persons. Thus a corporation may be compelled to submit to the visitorial be compelled to provide his handwriting for the purpose of submitting it
powers of the State even if this will result in disclosure of criminal acts of for comparison. (Beltran v. Samson, G.R. No. 32025)
the corporation. (Wilson v. US, cited in Bernas Primer, p. 150) ● Jumping. An accused is being charged with theft. The things
● Production of corporate papers. The corporate officer may not stolen were on a shelf 12 ft. high. The accused is only 5’5 and the
prevent the production of corporate papers on the ground that whole theory of the prosecution is the accused can jump really
they may incriminate him personally. That would not be high. Can the prosecution force the accused to jump high? Yes,
self-incrimination but incrimination by the corporation. (Hale v. considering that jumping is a mere mechanical act. The issue will
Henkel, cited in Bernas Primer, p. 150) be answered on whether or not the court will see the act being
forced to be done by the accused as either an intelligence act or
a mere mechanical act. (Class Discussion)

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Compulsion to produce private books and papers of the owner. The ● Order by the judge for the witness to put on a pair of pants for
self-incrimination clause covers documentary evidence. Compulsory size. (People v. Otadora, cited in Bernas Green Book, p. 560)
production of private books and papers of the owner is compelling him to ● Taking of pictures of an accused. (People v. Gallarde. cited in
be a witness against himself. (Boyd v. United States, cited in Green Book, Bernas Green Book, p. 560)
p. 563) ● Admission of wallet, contents, and a bunch of keys. (People v.
● All personal papers not protected. The privilege which exists as Malimit cited in Bernas Green Book, p. 560)
to private papers, cannot be maintained in relation to records ● Pregnancy test of woman accused of adultery. (Villaflor v.
required by law to be kept in order that there may be suitable Summers, G.R. No. 16444)
information of transactions which are the appropriate subjects of ○ On a proper showing and under an order of the trial court,
governmental regulation and the enforcement of restrictions an ocular inspection of the body of the accused Villaflor is
validly established. (Shapiro v. United States, cited in Bernas permissible. The proviso is that torture or force shall be
Primer, p. 150) avoided.

Not prohibited by the right against self-Incrimination. It was held early Asserting the right. The right against self-incrimination may be asserted
in Philippine Jurisprudence that what is prohibited by the constitutional in any judicial or administrative proceeding or in any official government
guarantee is the use of physical or moral compulsion to extort enquiry. (Bernas Primer, p. 151)
communication from the witness. (US v. Tan Teng, G.R. No. 7081) Thus, ● Criminal proceedings. A person who is the accused in a criminal
the following do not violate the constitutional guarantee: case may assert the right from the moment he is asked to testify,
● Substance emitting from the body of the defendant was received i.e., an accused has an absolute right to be silent; a person who
as evidence in a prosecution for acts of lasciviousness. (Id.) is a witness but not the accused, may assert the right only when
● Subjection to ultraviolet examination. (People v. Tranca, cited in the incriminating question is asked. (Id.)
Bernas Green Book, p. 560) ● Civil proceedings. In a civil case, the petitioner must wait until
● Paraffin Test (People v. Gamboa, cited in Bernas Green Book, p. the incriminating question is asked. (Bagadiong v. Gonzales, cited
560) in Bernas Primer, p. 151.)
● Morphine forced out of the mouth of the accused. (US v. Ong Siu ● Administrative hearings. The right against self-incrimination is
Hong, G.R. No. 12778) available if because of the nature of the penalty that may be
○ To force a prohibited drug from the person of an accused imposed by the administrative body, the hearing partakes of the
is along the same line as requiring him to exhibit himself nature of a criminal proceeding. (Bernas Primer, p. 151)
before the court; or putting in evidence papers and other ○ Forfeiture proceedings. Proceedings for forfeiture of
articles taken from the room of an accused in his property are deemed criminal or penal and, hence, the
absence. (Id.) exemption of defendants in criminal cases from the

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 ARTICLE III | SECTION 17

obligation to be witness against themselves are answer should in no manner be used against them.” (U.S.
applicable thereto. (Cabal v. Kapunan, G.R. No. L-19052) v. Lim Buanco, cited in Bernas Green book, p. 563)
○ Revocation of license. Self-incrimination is equally
applicable to a proceeding that could result in the loss of
the privilege to practice the medical profession. (Pascual
Jr. v. Board of Medical Examiners, G.R. No. L-25018)
● Private proceeding like a school discipline case. In this case,
one can invoke the self-incrimination clause. The law does not
make a distinction. A student can still be questioned, but a
student can only invoke it once an incriminating question has
been thrown at you. (Class Discussion)
○ As part of due process, he will be given the chance to
explain himself. Can the student say that “I don’t want to
explain myself because it will incriminate me?” The
student is then waiving his right to be heard. (Id.)

Waiving the right. When a person voluntarily answers an incriminating

question, he is deemed to have waived his right. (US v. Binayoh; People v.
Aquino, cited in Green Book, p. 562)
● Pleading guilty. If the accused pleaded guilty, he is deemed to
have waived his right to the extent at least of not allowing him
subsequently to claim error by reason of such questions or
answers thereto. (Id.)
● Refusal to answer. If the accused answers “I do not remember,”
it is equivalent to refusal to answer and does not constitute
waiver. (Isabela Sugar Co. v. Macadaeg, cited in Bernas Green
Book, p. 562)
○ "The privilege against self-incrimination can be rendered
meaningless if the silence of a witness may be used
against him. Hence, the rule has been established that
refusal of an accused to be a witness or of a witness to

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 ARTICLE III | SECTION 18

3. Posse Comitatus. Obligation of an individual to assist in the

protection of peace and order in his community. (US v. Pompeya
Section 18.
1915, Cited in Green Book, p 567)
1. No person shall be detained solely by reason of his political
4. Return to work order. In relation to labor cases involving
beliefs and aspirations.
indusTries affected with public Interest. It is so imperative that the
2. No involuntary servitude in any form shall exist except as a
order, in fact, is not even considered violative of the right against
punishment for a crime whereof the party shall have been duly
involuntary servitude. (Mga Manggagawa sa Kahoy v. Gotamco
convicted.
Sawmills, cited in Bernas Green Book, p 567)

Freedom of Political Belief. Section 18(1) was derived from the French First case. An American soldier who was discharged from the army and
Constitution which states that: “No man is to be interfered with because who subsequently entered into a contract of employment with the army
of his opinions, provided his avowal of them does not disturb public order refused to perform the services he promised. He was detained for
or established law.” (Mga Manggagawa sa Kahoy v. Gotamco Sawmills, deportation. The Supreme Court held that: “Inasmuch as a private person
cited in Green Book, p. 567) It does not, however, add anything who contracts obligations of this sort toward the army can not, by any law
substantive to the due process clause, nor to the guarantee of freedom of that we know of, either civil or military be compelled to fulfill them by
speech, press, and expression. The state cannot hold political imprisonment and deportation from hid place of residence, we deem it
prisoners. (In re Brooks, cited in Bernas Green Book, p. 566-567) wholly improper to sustain such means of compulsion which are not
justified either by the law or by the contract.” (In re Brooks, cited in Green
INVOLUNTARY SERVITUDE Book, p. 566-567)

Involuntary Servitude. It is every condition of enforced or compulsory PROHIBITION OF INVOLUNTARY SERVITUDE EVEN WHEN
service of one to another no matter under what form such servitude may DISGUISED IN SUBTLE FORMS.
be disguised. (Rubi v. Provincial Board, GR No. L-14078)
Domestic service. It is always to be remunerated, and no agreement
Exceptions: may subsist in law which it is stipulated that any domestic service shall be
1. It is imposed as punishment for a crime whereof a person shall absolutely gratuitous, unless it be admitted that slavery may be
have been duly convicted. (Sec. 18(2), Art. III, 1987 Constitution) established in this country through a covenant entered into between
2. In the interest of national defense, all civilians may be compelled interested parties. (De Los Reyes v. Alojado, cited in Bernas Green Book,
by law to render personal military or civil service. (Sec. 4, Art. III, p. 567).
1987 Constitution)

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 ARTICLE III | SECTION 18

Court Stenographer. He/she may be compelled or under pain of

contempt to transcribe stenographic notes he had failed to attend while
still in service. The Court held that such compulsion is not the “condition
of enforced, compulsory service”. However, should the stenographer
continuously refuse to obey and the court insists on keeping him in jail,
the detention could then be considered punitive and could give rise to
involuntary servitude. (Aclaracion v. Gaitmaitan, cited in Bernas Green
Book, p. 568)

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 ARTICLE III | SECTION 19

● Guides for determining whether a punishment is “cruel and

unusual”:
Section 19.
○ Must not be so severe as to be degrading to the dignity
1. Excessive fines shall not be imposed, nor cruel, degrading or
of human beings;
inhuman punishment inflicted. Neither shall the death penalty be
○ Must not be applied arbitrarily;
imposed, unless, for compelling reasons involving heinous
○ Must not be unacceptable to contemporary society; and
crimes, the Congress hereafter provides for it. Any death penalty
○ Must not be excessive (must serve the penal purpose
already imposed shall be reduced to reclusion perpetua.
than a lesser penalty could). (Furman v. Georgia, cited in
2. The employment of physical, psychological, or degrading
Bernas Primer, pp. 153-154)
punishment against any prisoner or detainee or the use of
substandard or inadequate penal facilities under subhuman
Excessive fine. It is excessive when under any circumstance it is
conditions shall be dealt with by law.
disproportionate to the offense. (Bernas Primer, p. 159)

CRUEL, DEGRADING OR INHUMAN PUNISHMENT: EXCESSIVE DEATH PENALTY

FINES
Leading case: People v. Echegaray. Congress revived capital
Cruel, Degrading or Inhuman Punishment. It takes more than merely punishment in 1993 through R.A. No. 7659. The subtopics below were
being harsh, excessive, out of proportion, or severe for a penalty to be discussed extensively in this case, where the accused-appellant
obnoxious to the Constitution. (Bernas Primer, p. 153) contested the constitutionality of the death penalty law, for:
● Illegal possession of firearms. The fact that the punishment 1. Being unable to meet the constitutional requirement of compelling
authorized by the statute is severe does not make it cruel and reasons therefor; and
unusual. In other words, it has been held that to come under the 2. Being cruel, excessive, and inhumane. (People v. Echegaray, G.R.
ban, the punishment must be flagrantly and plainly offensive, No. 117472)
wholly disproportionate to the nature of the offense as to shock
the moral sense of the community. (People v. Estoista, G.R. No. Reasons for abolishing the death penalty.
L-5793) 1. It inflicts traumatic pain not just on the convict but also on the
● Inflation. The prohibition of cruel and unusual punishments is family, even if the penalty is not carried out;
generally aimed at the form or character of the punishment rather 2. There is no convincing evidence that it acts effectively as a
than its severity in respect of duration or amount, and applies to deterrent of serious crime;
punishments which public sentiment has regarded as cruel or 3. Penology favors reformation rather than vindictive penalties;
obsolete. (People v. Corpuz, G.R. No. 180016)

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 ARTICLE III | SECTION 19

4. Human life is too precious a gift to be placed at the discretion of a common standards and norms of decency and morality in a just, civilized,
human judge; and and ordered society”. (R.A. No. 7659, “Death Penalty Law”)
5. The law itself, by imposing so many safeguards before a death Instances when death penalty will not be imposed.
penalty is carried out, manifests a reluctance to impose the death 1. Below 18 years of age at the commission of the crime;
penalty (Bernas Primer, p. 154) 2. More than 70 years of age; or
3. When upon appeal or automatic review of the case by the
Death penalty already imposed. It is reduced to reclusion perpetua. (Id.) Supreme Court, the required majority vote is not obtained for the
imposition of the death penalty. (Art. 47, Revised Penal Code)
Reimposition of death penalty. The legislature may restore it if it finds
“compelling reasons involving heinous crimes.” Conversely, Congress Courts are not precluded. The mandatory character of the death penalty
may also abolish the death penalty even after it has reimposed it. (Id.) for heinous crimes as prescribed and defined under RA 7659 does not
preclude the courts from:
Conditions to re-impose death penalty. The constitutional exercise of 1. Declaring the crime to be non-heinous in character; or
the Congress’ limited power to re-impose the death penalty entails the 2. From concluding that no compelling reasons exist to warrant
following: imposition of the death penalty. (Bernas Primer, p. 157)
1. That Congress define or describe what is meant by heinous
crimes; Death penalty not cruel and unusual. The 1973 Philippine Constitution,
2. That Congress specify and penalize by death only crimes that by recognizing the death penalty, in that it made the imposition of the
qualify as heinous, and/or designate crimes punishable by death penalty automatically reviewable by the Supreme Court, implicitly
reclusion perpetua to death in which latter case, death can only admitted that per se it is not cruel and unusual. Similarly, the new
be imposed upon the attendance of circumstances duly proven in Constitution, by allowing the possibility of its restoration, implicitly admits
court that characterize the crime to be heinous. In both cases, that it need not be cruel and inhuman. However, the circumstances under
heinous must be in accordance with the definition or description which a specific law may allow the death penalty may make it cruel and
set in the death penalty bill; and unusual under such law. (Id.)
3. That Congress, in enacting this death penalty bill be singularly
motivated by compelling reasons involving heinous crimes. Death by legal injection is not cruel and unusual punishment. It is
(People v. Echegaray, G.R. No. 117472) well-settled in jurisprudence that the death penalty per se is not a cruel,
degrading, or inhuman punishment. Punishment is so if it involves torture
Heinous crimes. Crimes are heinous “for being grievous, odious, hateful or a lingering death; but the punishment of death is not cruel, within the
offenses and which, by reason of their inherent or manifest wickedness, meaning of that words as used in the constitution. It implies there is
viciousness atrocity, and perversity are repugnant and outrageous to the

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 ARTICLE III | SECTION 19

something inhuman and barbarous, something more than the mere

extinguishment of life. (People v. Mercado, cited in Bernas Primer, p. 157)

Death penalty and the ICCPR. Article 6 of the Covenant enshrines the
individual’s right to life. Nevertheless, Article 6(2) of the Covenant
explicitly recognizes that capital punishment is an allowable limitation on
the right to life, subject to the limitation that it be imposed for the “most
serious crimes”. The Philippines neither signed nor ratified the Second
Optional Protocol to the ICCPR aiming at the Abolition of the Death
Penalty. (People v. Mercado, Green Book, p. 579)

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 ARTICLE III | SECTION 20

Nature of the obligation. The nature of the transaction can be fully

determined by examining the receipt issued for money the recovery of
Section 20. No person shall be imprisoned for debt or non-payment of
which was being sought. An obligation incurred to pay an ordinary
a poll tax.
contractual obligation may not be enforced by an order of imprisonment.
(In re Tamboco, cited in Bernas Green Book, p. 584)
Debt. It is any liability to pay money growing out of a contract, express, or
implied. No person may be imprisoned for non-payment of a debt by Criminal fine. Freeman was found guilty of embezzlement and was
virtue of an order in a civil proceeding, either as a substitute for imprisoned in lieu of the sum found due was because of the violation of
satisfaction of a debt or as a means of compelling satisfaction; but a the penal statute. The money payment was part of the punishment, and
person may be imprisoned as a penalty for a crime arising from a was not imposed as an imprisonment for nonpayment of the debt,
contractual debt and imposed in a proper criminal proceeding. (Tan Cong regardless of the criminal offense committed. The conversion of a criminal
v. Stewart, cited in Bernas Green Book p. 582) fine into a prison term does not violate the provision because in such a
case imprisonment is imposed for a monetary obligation arising not ex
Imprisonment for debt. In the State of Tennessee, no person shall be contractua but ex delicto. (Freeman v. US, cited in Bernas Green Book, p.
imprisoned for debt, unless on refusal to deliver up his estate for the 585).
benefit of his creditor in such manner as may be described by law, or in
cases where there is strong presumption of fraud. The first constitutional Batas Pambansa Blg. 22 (“Bouncing Check Law”). B.P. 22 is
prohibition was first extended to the Philippines, without the exemption of constitutional since it penalizes not the non-payment of the contractual
fraud, by the Philippine Bill of 1902. (Tan Cong v. Stewart, cited in Bernas obligation but the criminal act of issuing a bouncing check. (Lozano v.
Green Book, p. 581) Martinez, G.R. No. L-63419, 18 December 1986)

Fraud. Ramirez requested Santos to pay the municipal treasurer the sum Fraudulent debts. A defendant may be arrested in the following cases:
of Php 16.00 owed by him for unpaid cedulas on the promise to render 1. In an action for recovery of money or damages on a cause of
personal service to Santos in payment for the sum. Ramirez refused to action arising from a contract, express or implied, when the
honor their agreement to serve Santos. He was prosecuted under Sec. 1 defendant is about to depart from the Philippines;
of Act No. 2098 of the Philippine Legislature.The Court held that his 2. In an action for money or property embezzled in the course of his
incarceration was neither involuntary servitude nor imprisonment for debt employment;
but merely a penalty for the crime of estafa. (Ramírez v. de Orozco, cited 3. In an action to recover the possession of personal property
in Bernas Green Book, p. 583) unjustly detained;
4. The defendant is guilty of fraud in contracting a debt; and

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 ARTICLE III | SECTION 20

5. When the debtor disposes of his property in order to defraud his

creditors. (Ganaway v. Quillen, cited in Bernas Green Book, p.
585)

Poll Tax. A capitation tax imposed on all persons of a certain age. A tax
one pays for his/her residence certificate which generally serves as a
personal identification instrument. (Bernas Green Book, p. 588)

Non-payment of Poll Tax. The Constitution does not prohibit poll tax but
it prohibits imprisonment for non-payment of poll taxes. The imposition of
a poll tax as a requirement for the right of suffrage is prohibited by Art. V,
Sec. 1 of the Philippine constitution. (Bernas Green Book, p. 588)

Non-payment of income taxes. Non-payment of income taxes is

considered tax evasion and may be held liable under. (TITLE X, Chapter 2
of the National Internal Revenue Code)

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 ARTICLE III | SECTION 21

ATTACHMENT OF JEOPARDY
Section 21. No person shall be twice put in jeopardy of punishment for
The first jeopardy attaches:
the same offense. If an act is punished by a law and an ordinance,
1. Upon a good indictment (valid complaint / information);
conviction or acquittal under either shall constitute a bar to another
2. Before a competent court;
prosecution for the same act.
3. After arraignment; and
4. After a plea has been entered. (People v. Ylagan, cited in Bernas
DOUBLE JEOPARDY Primer, p. 161)

Requisites. Instances when jeopardy does not attach:

1. The first jeopardy has attached before the second; ● If the charge is fatally defective and information does not allege
2. The first jeopardy has been validly terminated; and sufficient facts to constitute an offense, jeopardy does not attach.
3. The second jeopardy is for the same offense as in the first. (Sec. (People v. Austria, cited in Bernas Green Book p. 593)
7, Rule 117, Rules of Court) ● When the court that takes cognizance of the case is without
jurisdiction, all proceedings in such court are void and the
Rationale against double jeopardy. The accused would never be free accused cannot be convicted. Thus, jeopardy does not attach.
from the cruel and constant menace of a never-ending charge, which the (Bernas Green Book, p. 593)
malice of the complaining witness might hold indefinitely suspended over ● After pleading guilty, the accused presented evidence of
his head, were it not that the judiciary is exclusively empowered to self-defense. This amounted to a withdrawal of his original plea.
authorize, by an express order to that effect, the repetition of a complaint Since no new plea was entered, there was no first jeopardy.
or information once dismissed in the cases in which the law requires that (People v. Balisacan, cited in Bernas Green Book, p. 594)
this be done. (People v. Ylagan, G.R. No. 38443) ● Conviction in a military court is a bar to a prosecution for the
● After a complaint for physical injuries was filed and dismissed, the same offense in a civil court. (Bernas Green Book, pp. 593-594)
fiscal filed another information for serious physical injuries against
the accused. Dismissal before arraignment; may be reinvestigated. Reinvestigation
● The mere calling of a witness would not add a particle to the against the companions of the accused would not subject them to double
danger, annoyance, and vexation suffered by the accused, after jeopardy. The case against them was dismissed before they were
going through the process of being arrested, subjected to a arraigned. (People v. Jugueta, G.R. No. 202124)
preliminary investigation, arraigned, and required to plead and ● Upon due to a sworn statement of a certain Fajardo, the case of
stand trial. attempted murder againts Estores and San Miguel were
dismissed upon the motion of the Prosecutor. When a

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 ARTICLE III | SECTION 21

reinvestigation of their participation in the crime is being initiated, Termination with consent
they claim double jeopardy. ● General rule. For jeopardy to terminate, the dismissal should be
without consent of the accused.
TERMINATION OF JEOPARDY ● Exceptions. If dismissal is with consent of the accused, for the
jeopardy to terminate, the dismissal should be based on merits,
A first jeopardy is terminated by: like:
1. Acquittal; 1. Due to violation of the right to speedy trial - amounts to
2. Final conviction; acquittal;
3. Dismissal without the express consent of the accused; or 2. Criminal liability really extinguishes in the first place, i.e.
4. Dismissal on the merits. (Bernas Primer, p. 163) prescription, pardon, amnesty; or
3. Demurrer. (Class Discussion)
Acquittal. When the case is terminated upon the merits of the issue, as ● Accused was arraigned, pleaded not guilty, and was tried upon
when there is a pronouncement that the evidence does not show the guilt valid information, but the trial court dismissed the case on the
of the accused beyond reasonable doubt. (Bernas Green book, p. 597) ground that the information was not sufficient, dismissal was
without the consent of the accused, the case may NOT be
Dismissal. When the case is terminated otherwise than upon the merits reinstated, although dismissal is a miscarriage of justice. (People
thereof, as when the dismissal is based on the allegation that the Court v. Judge Laggui, cited in Bernas Primer, p. 167)
has no jurisdiction either over the subject matter or over the territory, or
on any other ground that does not decide the merits of the issue as to Non-termination.
whether the accused is or is not guilty of the offense charged. (Id.) ● The verbal dismissal is NOT final until written and signed by the
judge. (Rivera, Jr. v. People, cited in Bernas Primer p. 164)
When the defense of double jeopardy is available to the accused. ● When there was no denial of the right to speedy trial and the
Under Sec. 9, Rule 113 (now Sec. 9, Rule 117) of the Rules of Court, the dismissal was upon the instance of the accused, reinstatement of
defense of double jeopardy is available to the accused only where he was the case did not violate the right against double jeopardy. (Almaria
either convicted or acquitted or the case against him was dismissed or v. CA, cited in Bernas Primer p. 164)
otherwise terminated without his consent. (People v. Bulaong, G.R. No. ● When the dismissal of the case clearly constitutes abuse of
L-19344) discretion amounting to lack of jurisdiction, the dismissal, even if
● This case involves a man charged with rebellion and subversion. made on the merits, is INVALID and is therefore no bar to
While his case was still pending in the Court of First Instance, he reinstatement of the case. (People v. Pablo, cited in Bernas
attempted to use right against double jeopardy. Primer p. 166)

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 ARTICLE III | SECTION 21

● If the judgement of acquittal is VOID for having been given SAME OFFENSES
without jurisdiction, the judgement cannot be a basis for a plea of
double jeopardy. (People v. CA, cited in Bernas Primer p. 166) Identity of Offenses Test. This tests whether one offense is identical with
● An order of dismissal in a preliminary investigation does not in the other or whether it is an attempt of frustration of the other or whether
any way terminate a case. As long as the crime had not yet one offense necessarily includes or is necessarily included in the other.
prescribed, the city court may conduct a preliminary investigation. What the test shows is that the identity of offenses does not require
(Tandoc v. Judge, cited in Bernas Primer p. 167) one-to-one correspondence between the facts and law involved in the
two charges. (Bernas Green Book, p. 607)
Double Jeopardy and Res Judicata. Double jeopardy is for criminal
cases while res judicata is for civil cases. (Class Discussion) Coverage of the term “same offense”. The constitutional meaning of
“same offense” includes “any offense which necessarily includes or is
WAIVER OF RIGHT necessarily included in the offense charged in the former complaint or
information.” (Tacas v. People, cited in Bernas Primer, p. 170)
Situations of waiver of rights.
● Motion to dismiss for lack of jurisdiction. (People v. Salico, cited Distinct Offenses
in Bernas Primer p. 168) ● Accused is charged under RPC Art. 189 (Unfair Competition). For
● Motion to dismiss the case by the accused on the ground that the lack of proof, he was acquitted. He was prosecuted under RPC
facts alleged in the information did not constitute the offense. He Art. 188 (Fraudulent Trademarks). The second information is for a
was like saying he was not in jeopardy under such information. different offense for which he could not have been convicted
This is a case of estoppel. (People v. Cuevo, cited in Bernas under the first. (Sy v. Lim, G.R. No. L-37494)
Primer p. 168) ● When one act violates two different statutes or two different
● By pleading not guilty to the second charge instead of moving to provisions of a statute, the rule is that if the one act results in two
quash. (Silvestre v. Military Commission, cited in Bernas Primer p. distinct offenses, prosecution under one is not a bar to
168) prosecution under the other. (People v. Cabrera, cited in Bernas
● In a case, both parties agreed for a provisional dismissal of the Green Book, p. 611)
case. By consenting to the provisional dismissal, the accused
waived his right to the defense of double jeopardy. (Andres v. Same essential element/s in the first and second offense charged.
Judge Cacdac, cited in Bernas Primer p. 168) Convicted of physical injuries through reckless imprudence, the accused
was subsequently charged with damage to property through the same act
of reckless imprudence, both under RPC Art. 365. There is double
jeopardy here since the essence of criminal negligence under Art 365 is

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the imprudent or negligent act. Hence, the second jeopardy is for the for the first prosecution, for the simple reason that in such a case
same offense. (Buerano v. CA, cited in Bernas Primer p. 170) there is no possibility for the accused, during the first
prosecution, to be convicted for an offense that was then
Same or identical offenses. The protection against double jeopardy may inexistent. (Bernas Green Book, p. 614-615).
be invoked only for the same offense or identical offenses. A simple act ● Accused was convicted of inflicting physical injuries.
may offend against two (or more) entirely distinct and unrelated provisions Subsequently, the victim developed permanent scar and
of law, and if one provision requires proof of an additional fact or element deformity on the face, a more serious charge was filed. No double
which the other does not, an acquittal or conviction or a dismissal of the jeopardy. The scar and deformity were supervening facts not in
information under one does not bar prosecution under the other. (People existence at the time of the first charge and could not have been
v. Tiozon, G.R. No. 89823) foreseen. (People v. Adil, cited in Bernas Primer, p. 174)
● Such as in the case, the killing of a person with the use of an ● Accused was charged with serious physical injuries. On the day
unlicensed firearm may give rise to separate prosecutions to of filing, the victim died. Two days after, accused was arraigned
violation of PD 1866 or violation of either Art 248 or 249 of the on the mentioned charge, pleaded guilty and thereby sentenced.
RPC. The accused cannot plead double jeopardy since one is a After another four days, second information was filed for
special law while the other is punished by the RPC. homicide. In this case, there was no new fact that supervenes
“after the arraignment and conviction of the accused.” (People v.
Quasi-Crimes. Both cases stem from the same provision: Reckless City Court of Manila, cited in Bernas Primer, p. 174)
imprudence from Art 365 of the RPC. Reckless imprudence is a single
quasi-offense by itself and not merely a means to commit other crimes Frustrated Homicide to Consummated Homicide. Where after the first
such that conviction or acquittal of such quasi-offense bars subsequent prosecution a new fact supervenes for which the defendant is
for the same quasi-offense, regardless of its various resulting acts. The responsible, which changes the character of the offense and, together
reason for this doctrine is that the law penalizes the negligent or careless with the facts existing at the time, constitute a new and distinct offense,
act, not the result thereof. Hence, the offense remains one and the same the accused cannot be said to be in second jeopardy if indicated for the
and cannot be split into different crimes and prosecutions. (Ivler v. new offense. (Melo v. People, G.R. No. L-3580)
Modesto, cited in Bernas Green Book p. 171) ● Melo was charged with frustrated homicide, and upon the death
of the victim, an amended information charged him with
“SUPERVENING FACTS” consummated homicide. The Court held that it is not double
jeopardy because it was proper for the court to dismiss the first
Rules. information and order the filing of a new one on the ground that
● The rule for the determination of identity of offenses does not the proper offense was not charged in the former.
apply when the second offense was not in existence at the time

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 ARTICLE III | SECTION 21

Slight Physical Injuries to Serious Physical Injuries. There is no ● In other words, even if the offenses charged under the ordinance
supervening fact that will merit the same treatment as Melo v. People. We and statute are different, if the charges under both of them are
attribute the new finding of fracture, which evidently lengthened the based on the same act, double jeopardy applies.
period of healing of the wound, to the very superficial and inconclusive ● This is an exception to the general rule that double jeopardy does
first examination made. Had an X-ray examination taken at the time, the not apply where second prosecution is for an offense that is
fracture would have certainly been disclosed. (People v. Buling, G.R. No. different from the offense charged in the first execution, although
L-13315) both prosecutions may be based upon the same set of acts.
● Accused was charged with less serious physical injury to another
person in which the former pleaded guilty. After serving his Labor code and estafa. A person convicted for a crime under the Labor
sentence, the wounds inflicted by the accused allegedly did not Code (e.g. illegal recruitment) may be charged and convicted separately
heal. So, another complaint was filed against him, this time, he of offenses punishable by other laws (e.g. estafa). Such rule applies
was charged with serious physical injury. because while crime of illegal recruitment is malum prohibitum (criminal
● Compared to Melo v. People. There is no supervening event as intent is not necessary for conviction), crime of estafa is mala in se (where
the new finding of fracture is attributed to the flawed first criminal intent is necessary for conviction). (People v. Logan, G.R. No.
examination. (Class Discussion) 135030-33)

SAME OFFENSE: ORDINANCES AND STATUTES NO APPEAL FROM ACQUITTAL

Under the second sentence of the jeopardy provision, “If an act is A judgment of acquittal is immediately final. A judgment of conviction
punished by a law and an ordinance, conviction or acquittal under either is final when the period for appeal has lapsed or when the sentence has
shall constitute a bar to another prosecution for the same act.” Hence, been totally or partially served or when the defendant has expressly
offenses need not be the same, provided however, that they flow from the waived his right to appeal. (Sec. 7, Rule 120, Revised Rules of Court;
same act. (Yap v. Lutero, cited in Bernas Green Book p. 610) Bustamante v. Maceren, G.R. No. 35101)
● The rule on double jeopardy is thus “a rule of finality”. A single
Illegal installation of electrical devices and theft; Ordinance and RPC. prosecution for any offense is all the law allows.
Where one offense is charged under an ordinance while the other is ● Note: A judgment of acquittal rendered within a court's
penalized by statute, the defense of double jeopardy may be raised if the jurisdiction, even if erroneous, ends the case finally. (People v.
acts which the accused is said to have committed are the same acts. Hernando, cited in Bernas Primer, p. 175). Provided that the judge
(People v. Revlova, G.R. No. L-45129) considered the evidence, even if his appreciation of the evidence
leading to acquittal is erroneous, an appeal or motion for

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 ARTICLE III | SECTION 21

reconsideration by the prosecution will not be allowed. (People v. process (e.g. denial of opportunity to present one's case).
Judge Velasco, cited in Bernas Primer, p. 175) However, if both parties were allowed an exhaustive presentation
● Judgement of acquittal is not appealable in all cases. (Class of evidence, there is no grave abuse of discretion that may
Discussion) warrant an exception to double jeopardy rule. (Metrobank v.
Meridiano, G.R. No. 118251)
VOID ACQUITTAL ● If there is an acquittal or dismissal of a criminal case and a private
complainant intends to question such judgment, the same must
Instances. likewise be undertaken by the State through the Solicitor General.
● The decision here rested on the premise that the proceedings in Only the Solicitor General may represent the People of the
the Sandiganbayan were characterized by grave abuse of Philippines on appeal. In such cases where a private complaint
discretion amounting to loss of jurisdiction. Hence, the filed a the petition to reverse judgment of acquittal, the petition
proceedings were invalid, and the "acquittal" did not really acquit may be dismissed for lack of legal personality on the part of the
and therefore did not terminate the case. (Galman v. private complainant to appeal the criminal aspect of the decision.
Sandiganbayan, cited in Bernas Primer, p. 175) (Id.)
● Where the prosecution has not been given due process, acquittal
or dismissal is no bar to refiling of the case. (People v. Bocar, APPLICATION TO IMPEACHMENT CASES
cited in Bernas Primer, p. 175)
Presidential impeachment. Incumbent presidents are immune from suit or
REVIEW BY PETITION FOR CERTIORARI being brought to court, but not beyond their tenure. When impeachment
proceedings have become moot due to the resignation of the president,
Scope. The special civil action for certiorari is intended for the correction proper civil and criminal cases may be filed against him. (Estrada v.
of errors of jurisdiction only or grave abuse of discretion amounting to Desierto, G.R. Nos. 146710-15 and 146738)
lack or excess of jurisdiction. Its principal office is only to keep the inferior ● Petitioner cannot claim double jeopardy if he was not acquitted
court within the parameters of its jurisdiction or to prevent it from nor convicted. The impeachment proceedings were also not
committing such a grave abuse of discretion amounting to lack or excess dismissed without his consent. By resigning from the presidency,
of jurisdiction. It is not a remedy for errors of judgment. (People v. CA, petitioner more than consented to the termination of the
cited in Bernas Primer, p. 175) impeachment case against him, for he brought about the said
termination. Thus, impeachment proceedings in this case were
Parties. not “dismissed on the merits,” and was not “a failure to
● Exception to the double jeopardy rule attaches when the trial prosecute” him. (Id.)
court commits grave abuse of discretion due to a violation of due

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 ARTICLE III | SECTION 22

practice of a profession) even if such burden is imposed in an

administrative proceeding. (Pascual v. Board of Medical Examiners, cited
Section 22. No ex post facto law or bill of attainder shall be enacted.
in Bernas Primer, p. 178)
● Forfeiture. Earlier decisions have already held that forfeiture of
EX POST FACTO LAW property under R.A. 1379 partakes of the nature of a penalty that
is criminal or penal. Hence, it may not be given retroactive effect.
Definition. An ex post facto law has been defined as one: (Katigbak v. Solicitor General, cited in Bernas Primer, p. 178)
1. Which makes an action done before the passing of the law and ● Suspension. Article 24 of the Revised Penal Code says that
which was innocent when done criminal, and punishes such suspension of an officer during trial shall not be considered a
action; penalty. The suspension in the case is merely a preventive and
2. Which aggravates a crime or makes it greater than when it was not a penal measure which therefore does not come under the ex
committed; post facto prohibition. (Bayot v. Sandiganbayan, cited in Bernas
3. Which changes the punishment and inflicts a greater punishment Primer, p. 180)
than the law annexed to the crime when it was committed;
4. Which alters the legal rules of evidence and receives less or Criminal procedure. A law may be an ex-post facto law if it alters the
different testimony than the law required at the time of the legal rules of evidence or mode of trial, (Calder v. Bull, cited in Bernas
commission of the offense in order to convict the defendant; Primer, p. 179) unless the changes operate only in a limited and
5. Assumes to regulate civil rights and remedies only but in effect unsubstantial manner to the disadvantaged of the accused. (Beazell v.
imposes a penalty or deprivation of a right which when done was Ohio, cited in Bernas Primer, p. 179)
lawful and;
6. Deprives a person accused of a crime of some lawful protection Jurisdiction of Sandiganbayan. Ex post facto law, generally, prohibits
to which he has become entitled, such as the protection of a retrospectivity of penal laws. R.A. 8249 is not a penal law. It is a
former conviction or acquittal, or a proclamation of amnesty. substantive law on jurisdiction which is not penal in character. Penal laws
(Bernas Primer, pp. 176-177) are those acts of the Legislature which prohibit certain acts and establish
penalties for their violations; or those that define crimes, treat of their
Scope of the prohibition. The clause does not prohibit all retrospective nature, and provide for their punishment. R.A. 7975, which amended P.D.
laws. It only prohibits retrospective penal laws. (Bernas Primer, p. 178) 1606 as regards the Sandiganbayan's jurisdiction, its mode of appeal and
other procedural matters, has been declared by the Court as not a penal
Penal law. A law is penal when it prescribes a criminal penalty imposable law, but clearly a procedural statute, i.e. one which prescribes rules of
in a criminal trial. However, a law is also a penal law if it prescribes a procedure by which courts applying laws of all kinds can properly
burden equivalent to a criminal penalty (e.g. disqualification from the administer justice. Not being a penal law, the retroactive application of

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 ARTICLE III | SECTION 22

R.A. 8249 cannot be challenged as unconstitutional. (Lacson v. Exec. executive orders constitute a bill of attainder cannot be sustained. (Virata
Sec., G.R. No. 128096) v. Sandiganbayan, G.R. No. 86926)
● In the first place, nothing in the executive orders can be
BILL OF ATTAINDER reasonably construed as a determination or declaration of guilt.
On the contrary, the executive orders, inclusive of Executive
Definition. A legislative act which inflicts punishment without judicial trial. Order No. 14, make it perfectly clear that any judgment of guilt in
If the punishment be less than death, the act is termed a bill of pains and the amassing or acquisition of 'ill-gotten wealth' is to be handed
penalties. (Cummings v. Missouri, cited in Bernas Green Book, p. 623) down by a judicial tribunal, in this case the Sandiganbayan, upon
complaint filed and prosecuted by the PCGG. In the second
Essential elements of a bill of attainder. place, no punishment is inflicted by the executive orders, as the
1. There must be a law; merest glance at their provisions will immediately make apparent.
2. The law imposes a penal burden on a named individual or easily In no sense, therefore, may the executive orders be regarded as a
ascertainable members of a group and; bill of attainder (sic)."
3. The penal burden is imposed directly by the law without judicial
trial. (Bernas Primer, p. 181)

Subversion act. If one objection to the bill of attainder is that Congress

thereby assumes judicial magistracy, then it must be demonstrated that
the statute claimed to be a bill of attainder reaches past conduct and that
the penalties it imposes are inescapable. (People v. Ferrer, G.R. Nos.
L-32613-14)
● Generally, it is only when a statute applies either to named
individuals or to easily ascertainable members of a group in such
a way as to inflict punishment on them without a judicial trial does
it become a bill of attainder. But when the judgment expressed in
legislation is so universally acknowledged to be certain as to be
“judicially noticeable,” the legislature may apply its own rules, and
judicial hearing is not needed fairly to make such determination.

PCGG charter. A bill of attainder is a legislative act which inflicts

punishment without judicial determination of guilt. The theory that

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 ARTICLE IV | SECTION 1

ARTICLE IV. CITIZENSHIP 1. THOSE WHO ARE CITIZENS OF THE PHILIPPINES AT THE
TIME OF THE ADOPTION OF THIS CONSTITUTION
Section 1. The following are citizens of the Philippines:
1. Those who are citizens of the Philippines at the time of the Who were deemed citizens at the time of adoption of the constitution?
adoption of this Constitution;
1987 Philippine Citizens at the time of the adoption of the
2. Those whose fathers or mothers are citizens of the Philippines;
Constitution 1987 Constitution were those who were citizens under
3. Those born before January 17, 1973, of Filipino mothers, who
the 1973 Constitution (Bernas Primer, p. 183)
elect Philippine Citizenship upon reaching the age of majority;
and 1973 Section 1 of the article on citizenship under the 1973
4. Those who are naturalized in accordance with the law. Constitution Constitution was the same as Section 1 under the 1987
constitution. (Bernas Primer, p. 183)

Citizenship is personal and more or less permanent membership in a 1973 They were those who were citizens under Article IV,
political community. It denotes possession within that particular political Constitution Section 1 of the 1935 Constitution, namely:
community of full civil and political rights subject to special 1. Those who are citizens of the Philippine Islands
disqualifications such as minority. Reciprocally, it imposes the duty of at the time of the adoption of the (1935)
allegiance to the political community. (Bernas Green Book, p. 629) Constitution;
● Modern law recognizes three distinct modes of acquiring 2. Those born in the Philippine Islands of foreign
citizenship: parents who, before the adoption of this
○ Jus sanguinis. Acquisition of citizenship on the basis of Constitution, had been elected to public office in
blood relationship; the Philippine Islands;
○ Jus soli. Acquisition of citizenship on the basis of place 3. Those whose fathers are citizens of the
of birth; and, Philippines;
○ Naturalization. The legal act of adopting an alien and 4. Those whose mothers are citizens of the
clothing him with the privilege of a native-born citizen. Philippines and, upon reaching the age of
majority, elect Philippine citizenship; and,
Two ways of acquiring citizenship in the Philippines. Basic Philippine 5. Those who are naturalized in accordance with
law follows the rules of: law. (Id.)
1. Jus sanguinis; and
2. Naturalization. (Bernas Primer, p. 182)

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 ARTICLE IV | SECTION 1

2. THOSE WHOSE FATHERS OR MOTHERS ARE CITIZENS OF Constitution, during which regime respondent FPJ had seen first light,
THE PHILIPPINES confers citizenship to all persons whose fathers are Filipino citizens
regardless of whether such children are legitimate or illegitimate. Even if
Application of. Jus Sanguinis. Section 1 (2) of the 1987 Constitution the child is illegitimate and his mother is an alien, but if his father is
embodies the principle of jus sanguinis – that blood relationship is the Filipino, as FPJ’s father was, he will still be considered as a Filipino
primary basis of citizenship by birth. This is the same rule as that under provided that paternity is clear, because of jus sanguinis, which makes no
the 1973 Constitution. This means that if a child is born under the 1973 or distinction between legitimate and illegitimate children. (Tecson v.
1987 Constitution and either his father or mother is a Filipino citizen at the COMELEC, G.R. No. 161434)
time the child is born, the child is a Filipino citizen no matter where he ● For the benefit of the child. Where jurisprudence regarded an
may be born. (Bernas Primer, p. 183) illegitimate child as taking after the citizenship of its mother, it did
● Filiation. It is also a settled rule that the principle of jus sanguinis so for the benefit of the child. It was to ensure a Filipino
applies only to natural filiation and not to filiation by adoption. nationality for the illegitimate child of an alien father in line with
(Bernas Green Book, p. 633) the assumption that the mother had custody, would exercise
● Illegitimate child. Likewise, only legitimate children follow the parental authority and had the duty to support her illegitimate
citizenship of the father and that “illegitimate children are under child. It was to help the child, not to prejudice or discriminate
the parental authority of the mother and follow her nationality, not against him.
that of the illegitimate father.” This rule, based on parental
authority, remains unchanged by the new constitution. (Serra v. 3. THOSE BORN BEFORE JANUARY 17, 1973, OF FILIPINO
Republic, cited in Bernas Green Book, p. 633) MOTHERS, WHO ELECT PHILIPPINE CITIZENSHIP UPON
● Presumption of Filipino citizenship until proof of renunciation REACHING THE AGE OF MAJORITY
or loss. Emilio Osmeña’s Filipino citizenship was questioned on
the grounds that he is a holder of an alien registration certificate Effectivity. This provision took effect only with the effectivity of the 1973
and thus disqualified from running for Vice President. The Court Constitution on January 17, 1973. Hence, children similarly situated but
held that by virtue of his being a son of a Filipino father the born prior to January 17, 1973 are governed by Section 1(4) of Article IV
presumption is that he is a Filipino and remains Filipino until proof of the 1935 Constitution. (Bernas Primer, p. 184)
is shown that he has renounced or lost Philippine citizenship. ● Q&A. If a child was born of a Filipina mother and an alien father
(Aznar v. COMELEC, cited in Bernas Primer, p. 184) before the effectivity of the 1973 constitution, do the 1973 and
1987 Constitutions recognize such child as Filipino?
Illegitimate son of a Filipino father. A disqualification case was filed ○ No. Unless upon reaching majority, the child elects
against 2004 Presidential candidate and popular actor, Fernando Poe Jr. Philippine Citizenship pursuant to the 1935 Constitution.
or FP on account of his citizenship. The Court held that the 1935

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 ARTICLE IV | SECTION 1

● Q&A. Who may elect Philippine citizenship under the 1935 extended under certain circumstances as when the person
Constitution? concerned has always considered himself a Filipino citizen. (Dy
○ Those born under the 1935 Constitution whose mothers Cuenco v. Secretary of Justice, cited in Bernas Green Book, p.
were Philippine citizens, either by birth or by 635; Outline Reviewer in Political Law, Justice Eduardo Nachura,
naturalization, at the time of her marriage. (Bernas Green p. 237; Republic v. Sagun, 2012)
Book, p. 634)
● Q&A. If the mother lost her Philippine citizenship by marriage but Transitory Provision. The provisions on election in the 1973 and 1987
subsequently reacquired it during the minority of the child, does Constitution are transitory provisions intended to take care of those who
the minor child automatically acquire the citizenship of her mother under the 1935 Constitution could have elected Philippine citizenship
or must he still elect Philippine citizenship? upon reaching majority but had not yet reached majority at the time of the
○ Yes. It is still necessary for the child to make the election effectivity of the 1973 or 1987 Constitution. (Bernas Green Book, p. 636)
if he wishes to become a Filipino citizen. (Villahermoso v. ● No right of election under 1973 or 1987 Constitution. A child
Commissioner of Immigration, cited in Bernas Green born during the effectivity of either the 1973 or 1987 Constitution,
Book, p. 634) to a Filipina mother and an alien father cannot elect Philippine
citizenship. If the mother was still a Filipina at the time of birth of
How the election is made. Section 1 of Commonwealth Act 625, the child, then the child is already a Filipino and hence, need not
enacted on June 7, 1941, says that the election must be: elect. But, if the mother had lost Philippine citizenship by the time
1. Expressed in a statement and sworn before any officer authorized of the birth of the child, the child has no right of election and may
to administer oaths; acquire citizenship only through naturalization. (Bernas Primer, p.
2. Filed with the nearest civil registry; and 184)
3. Accompanied by an oath of allegiance to the Philippine
Constitution. Election of citizenship, unnecessary. Jose Jr., who was born to a
However, participating in elections and campaigning for candidates, and Chinese father and a natural-born Filipina became a naturalized Filipino,
similar acts done prior to June 7, 1941, have been recognized as when he was nine years old, through his father’s naturalization in 1955.
sufficient to show one's preference for Philippine citizenship. (In re He was elected to the House of Representatives in 1987 and his
Florencio Mallare, cited in Bernas Green Book, p. 635) citizenship qualification was challenged on the ground that he never
elected Philippine citizenship. The court ruled that to expect the
When the election must be made. The election must be made within a respondent to have formally or in writing elected citizenship when he
reasonable period after reaching majority. (Bernas Primer, p. 185) came of age is to ask for the unnatural and unnecessary. The reason is
● It has been held that three years is a reasonable period within obvious: he was already a citizen through the naturalization of his father.
which to make the election, which period, however, it may be Further, the court cited In re Mallare, that defines “election” as both a

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 ARTICLE IV | SECTION 1

formal and informal process. In Mallare, the court recognized that the for her election of Philippine citizenship to be accepted for registration, in
exercise of the right of suffrage and the participation in election exercises accordance with the Alien Registration Act of 1950. The legal records
constitute a positive act of election of Philippine citizenship and for those indisputably show that she failed to comply with the legal requirements of
in the peculiar situation of the respondent who cannot be expected to a valid election. (Republic v. Sagun, G.R. No. 187567)
have elected citizenship as they were already citizens, the court applied ● Reasonable time. Assuming arguendo that Nora’s oath of
the In Re Mallare rule. (Co v. Electoral Tribunal, G.R. Nos. 92191-92) allegiance suffices, its execution was not within a reasonable
● Positive acts. The respondent was born in an outlying rural town time after respondent attained the age of majority and was not
of Samar where there are no alien enclaves and no racial registered with the nearest civil registry as required under Section
distinctions. The respondent has lived the life of a Filipino since 1 of C.A. No. 625. The phrase "reasonable time" has been
birth. His father applied for naturalization when the child was still interpreted to mean that the election should be made generally
a small boy. He is a Roman Catholic. He has worked for a within three (3) years from reaching the age of majority.
sensitive government agency. His profession requires citizenship
for taking the examinations and getting a license. He has Failure to immediately file the documents of election. This case
participated in political exercises as a Filipino and has always involved children who had grown to adult years and for some reason
considered himself a Filipino citizen. There is nothing in the failed to register their election but had all along acted as citizens. Among
records to show that he does not embrace Philippine customs the things which the Court noted was that the 1973 Constitution had
and values, nothing to indicate any tinge of alien-ness, no acts to already corrected the chauvinistic provision of the 1935 Constitution by
show that this country is not his natural homeland. making those born of a Filipina mother a citizen without need for election.
(Cabiling Ma v. Commissioner, cited in Bernas Primer, p. 186)
Valid election of Philippine citizenship. Nora Fe Sagun was born to a
Chinese father and a Filipino mother. Sagun failed to elect Philippine 4. THOSE WHO ARE NATURALIZED IN ACCORDANCE WITH
citizenship upon reaching the age of majority and only did so at 33 years THE LAW
old, upon taking an oath of allegiance to the republic, which was not
annotated on her birth certificate. The court ruled that by being born on Definition of Naturalization. It is the legal act of adopting a foreigner and
August 8, 1959, the governing charter was the 1935 constitution. Being a clothing him with the privileges of a natural-born citizen. A person may be
legitimate child, the respondent's citizenship followed that of her father naturalized either by:
who is Chinese, unless upon reaching the age of majority, she elects 1. Complying with both the substantive and procedural
Philippine citizenship. Pursuant to Section 1 (4), Article IV of the 1935 requirements of a general naturalization; or
Constitution, Commonwealth Act No. 625 prescribed the procedure to be 2. He may be naturalized by a special act of the legislature. (Bernas
followed in order to make a valid election of Philippine citizenship. (See Primer, p. 186)
enumeration above) Further, she should have first registered as an alien,

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 ARTICLE IV | SECTION 1

Kinds of naturalization laws and procedures used in the Philippines. He must be not less than The applicant must not be
● General law of naturalization applied through a judicial process twenty-one years of age less than eighteen (18) years
○ Such as the Revised Naturalization Law or C.A. 473 Age
on the day of the hearing of age, at the time of filing of
which is still in effect. of the petition. his/her petition;
● General law of naturalization applied through a combination of
administrative process and presidential legislative process He must have resided in 1. Born in the Philippines;
○ Such as the Letter of Instruction No. 270 by President the Philippines for a and
Residence
Marcos on April 11, 1975. continuous period of not 2. Residing in the Philippines
● Special naturalization law less than ten years since birth.
○ An act of the legislature making a named individual a The applicant must be of:
citizen of the Philippines. 1. Good moral character;
○ Example: The law that was passed to naturalize former 2. Believes in the underlying principles of the
NBA player Andray Blatche so that he could play for our Moral
Constitution; and
national basketball team, Gilas Pilipinas. character
3. Must have conducted himself/herself in a proper
● Mass naturalization law and
and irreproachable manner during his/her entire
○ Example: The Philippine Bill of 1902 made Filipino political
period of residence in the Philippines in his
citizens of "all inhabitants of the Philippine Islands belief
relation with the duly constituted government as
continuing to reside in them who were Spanish subjects" well as with the community in which he/she is
on 11 April 1899, "and then resided in said islands." living
● Administrative naturalization law
○ Republic Act 9139 or the "The Administrative The applicant must have a
Naturalization Law of 2000." He must own real estate known trade, business,
in the Philippines worth profession or lawful
not less than five occupation, from which
REQUIREMENTS FOR NATURALIZATION
thousand pesos, he/she derives income
Lucrative
Substantive Requirements Philippine currency, or sufficient for his/her support
occupation
must have some known and if he/she is married
CA 473 -
RA 9139 - Administrative lucrative trade, and/or has dependents, also
Law Revised
Naturalization Law profession, or lawful that of his/her family:
Naturalization Law
occupation; Provided, however, That this
Process Judicial Administrative shall not apply to applicants

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 ARTICLE IV | SECTION 1

who are college degree naturalization as have enrolled them in similar

holders but are unable to Philippine citizen. schools;
practice their profession
because they are disqualified The applicant must have
to do so by reason of their mingled with the Filipinos
citizenship; Filipino and evinced desire to learn
values and embrace the customs,
He must be able to speak The applicant must be able traditions and ideals of the
and write English or to read, write and speak Filipino people.
Language Spanish and any one of Filipino or any of the
the principal Philippine Procedural Requirements
dialects of the Philippines;
languages The applicant must go through the
following steps: The application is filed before
He must have enrolled his The applicant must have
1. Declaration of intention; and handled through the
minor children of school received his/her primary and
2. Filing of petition; Special Committee on
age, in any of the public secondary education in any
3. Hearing and initial judgment; Naturalization chaired by the
schools or private public school or private
4. Period of probation; and, Solicitor General. (Secs. 5 &
schools recognized by educational institution duly
5. Rehearing and final judgment 6, R.A. 9139)
the Office of Private recognized by the
(Bernas Primer, p. 187).
Education of the Department of Education,
Philippines, where the Culture and Sports, where When Judicial Naturalization takes Effect of Administrative
Philippine history, Philippine history, effect. An applicant becomes a Filipino Naturalization of a
Education
government and civics government and civics are husband. Under R.A. 9139,
citizen upon taking the oath provided by
are taught or prescribed taught and prescribed as law after satisfactorily passing the the Applicant’s lawful wife
as part of the school part of the school period of probation. (Bernas Primer, p.and minor children may file a
curriculum, during the curriculum and where 188) petition for cancellation of
entire period of the enrollment is not limited to their alien certificates of
residence in the any race or nationality: Effect of Judicial Naturalization on registration with the
Philippines required of Provided, That should Minor Children. In general, the minor Committee, pursuant to Sec.
him prior to the hearing of he/she have minor children children become citizens of the 11.
his petition for of school age, he/she must Philippines. (C.A. 473, Secs. 15 & 16)

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 ARTICLE IV | SECTION 1

● Burden of proof. In naturalization proceedings, it is the burden of

Effect of Judicial Naturalization on Effect of Administrative the applicant to prove not only his own good moral character but
wife. The wife of a naturalized husband Naturalization of the wife. also the good moral character of his/her witnesses, who must be
becomes a Filipino citizen as well, Wife’s administrative credible persons.
provided she shows, in an naturalization will not benefit ● Res judicata not applicable. A naturalization proceeding is not a
administrative procedure for the her alien husband but her judicial adversary proceeding, and the decision rendered therein
cancellation of her alien certificate of minor children may file for a does not constitute res judicata. If the government can challenge
registration, that she has none of the petition for cancellation of a final grant of citizenship, with more reason can it appeal the
disqualifications found in C.A. 473. their alien certificates of decision of the RTC within the reglementary period despite its
(Burca v. Republic, Bernas Primer, p. registration, pursuant to Sec. failure to oppose the petition before the lower court.
189) 12. (Bernas Primer, p. 189)
LOSS OF CITIZENSHIP

Dual citizenship. The candidacy and proclamation of a winning

Applicability of naturalization laws. At the time of the hearing of the
Vice-Mayoralty candidate was questioned on account of his dual
petition, the petitioner was only 20 years old – failing the qualification of
citizenship. The court first differentiated dual citizenship as compared to
being not less than 21 years old, on the day of the hearing of the petition,
dual allegiance. The former arises when, as a result of the concurrent
as prescribed by C.A. No. 473. His argument that R.A. 9139 lowered the
application of the different laws of two or more states, a person is
applicant’s age requirement to 18 years old was ruled to be invalid as
simultaneously considered a national by the said states, as is the case of
C.A. No. 473 and R.A. 9139 we’re two distinct acts with different
respondent. Dual allegiance, on the other hand, refers to the situation in
qualifications – the former being a judicial process available to all aliens,
which a person simultaneously owes, by some positive act, loyalty to two
while the latter being an administrative process available only for
or more states. While dual citizenship is involuntary, dual allegiance is the
native-born aliens. R.A. 9139 is a remedial measure intended to make the
result of an individual's volition. The constitution prohibits dual allegiance
process of acquiring Philippine citizenship less tedious, less technical and
not dual citizenship. Clearly, in including Section 5 in Article IV on
more encouraging through an administrative process. There is nothing
citizenship, the concern of the Constitutional Commission was not with
from which it can be inferred that C.A. No. 473 was intended to be
dual citizens per se but with naturalized citizens who maintain their
amended or repealed by R.A. No. 9139. What the legislature had in mind
allegiance to their countries of origin even after their naturalization.
was merely to prescribe another mode of acquiring Philippine citizenship
Hence, the phrase "dual citizenship" in R.A. No. 7160, Sectio 40 (d) and
which may be availed of by native born aliens. The only implication is that
in R.A. No. 7854, Section 20 must be understood as referring to "dual
a native born alien has the choice to apply for judicial or administrative
allegiance." Consequently, persons with mere dual citizenship do not fall
naturalization, subject to the prescribed qualifications and
under this disqualification. (Mercado v. Manzano, G.R. 135083)
disqualifications. (So v. Republic, G.R. No. 170603)

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 ARTICLE IV | SECTION 1

● Termination of dual citizenship. Unlike those with dual citizens by naturalization are required to take not only the Oath of
allegiance, for candidates with dual citizenship by birth, it should Allegiance to the Republic of the Philippines but also to
suffice if they elect Philippine citizenship to terminate their status personally renounce foreign citizenship in order to qualify as a
as persons with dual citizenship considering that their condition is candidate for public office. On the other hand, dual citizens by
the unavoidable consequence of conflicting laws of different virtue of birth are not required by law to take the oath of
states. By electing Philippine citizenship, such candidates at the renunciation as the mere fling of the certificate of candidacy
same time forswear allegiance to the other country of which they already carries with it an implied renunciation of foreign
are also citizens and thereby terminate their status as dual citizenship.
citizens. ● See Section 5 for codal discussion.

Renouncing citizenship. The use of a foreign passport after renunciation

of foreign citizenship, under oath, does not result in the loss of Filipino
Citizenship but disqualification from candidacy. While the act of using a
foreign passport is not one of the acts enumerated in C.A. No. 63
constituting renunciation and loss of Philippine citizenship, it is
nevertheless an act which repudiates the very oath of renunciation
required for a former Filipino citizen, who is also a citizen of another
country, to be qualified to run for a local elective position. By representing
himself as an American citizen, Arnado voluntarily and effectively reverted
to his earlier status as a dual citizen. Such reversion was not retroactive; it
took place the instant Arnado represented himself as an American citizen
by using his US passport. This act of using a foreign passport after
renouncing one's foreign citizenship is fatal to Arnado's bid for public
office, as it effectively imposed on him a disqualification to run for an
elective local position. (Maquling v. COMELEC, G.R. No. 195649)
● For purposes of running for public office, dual citizenship by
naturalization also requires renouncement of foreign
citizenship. Arnado's category of dual citizenship by
naturalization, in which foreign citizenship is acquired through a
positive act of applying for naturalization, is separate and distinct
from those considered dual citizens by virtue of birth. Dual

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 ARTICLE IV | SECTION 2

Filipina. (Co, v. Electoral Tribunal of the House of Representatives, Bernas

Primer, p. 190)
Section 2. Natural-born citizens are those who are citizens of the
Philippines from birth without having to perform any act to acquire or
Significance. The distinction between natural-born and naturalized
perfect their Philippine citizenship. Those who elect Philippine
citizens matters as the 1987 constitution has reserved certain
citizenship in accordance with paragraph (3), Section 1 hereof shall be
constitutional offices for natural-born citizens only, and, Article XII,
deemed natural-born citizens.
Section 8, only allows natural-born citizens who have lost their Philippine
citizenship to be transferees of private lands.
Basic definition of Natural-born citizen. “Those who are citizens of the ● No difference in treatment. Except in instances where the
Philippines from birth without having to perform any act to acquire or constitution itself makes a distinction, the law cannot treat
perfect their Philippine Citizenship.” (Sec. 2, Art. IV, 1987 Constitution) natural-born citizens and naturalized citizens differently,
otherwise, that would be a violation of the equal protection
Second sentence. “Those who elect Philippine citizenship in accordance clause. (Chen Teck Lao v. Republic, Bernas Primer, p. 190)
with paragraph (3), Section 1 hereof shall be deemed natural-born
citizens.” (Id.) Repatriation as reacquisition of natural-born citizenship if
● Purpose. To equalize the status of those born of Filipina parents natural-born from birth. Petitioner Bengson questioned the Filipino
before January 17, 1973, with those born of Filipina parents on or citizenship of his rival Cruz, before the HRET, arguing that Cruz lost his
after January 17, 1973. (Bernas Green Book, p. 641) citizenship and had to reacquire it through repatriation, thus, not being
● Application of second sentence. The second sentence does not eligible to be elected as a member of the House of Representatives. Court
apply only to those who elect citizenship after the effectivity of ruled that repatriation results in the recovery of the original nationality.
the 1987 Constitution, rather, it would apply to anybody who This means that a naturalized Filipino who lost his citizenship will be
elected Philippine Citizenship by virtue of the proviso of the 1935 restored to his prior status as a naturalized Filipino citizen. On the other
constitution whether this election was done before or after hand, as in the case of Cruz, if he was originally a natural-born citizen
January 17, 1973. (Id.) before he lost his Philippine citizenship, he will be restored to his former
status as a natural-born Filipino. (Bengson v. Cruz, G.R. No. 142840)
Curative nature of Section 2. Jose Jr., who was born to a Chinese father ● Only two classes of Filipino citizens. It is apparent from the
and a natural-born Filipina, became a naturalized Filipino in 1955, when enumeration of who are citizens under the present Constitution
he was nine years old. He was elected to the House of Representatives in that there are only two classes of citizens:
1987. He benefits from the curative nature of Section 2. He derives his 1. Those who are natural-born; and
status of being a natural-born citizen not from his father, who made 2. Those who are naturalized in accordance with law.
election unnecessary, but from his mother who was a natural born

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 ARTICLE IV | SECTION 2

A citizen who is not a naturalized Filipino, i.e., did not have to Foundlings considered as natural-born Filipino citizens. When she
undergo the process of naturalization to obtain Philippine was an infant, Senator Grace Poe was found outside a church in Jaro,
citizenship, necessarily is a natural-born Filipino. Iloilo, and was thereafter registered as a foundling. She was eventually
adopted by actors Fernando Poe Jr., and wife, Susan Roces. Poe’s 2016
Dual citizenship, from birth, complies with natural-born citizenship candidacy for President was questioned alleging that she was not a
requirements of running for public office. Dual citizenship is involuntary natural-born citizen. The court ruled that foundlings are, as a class,
and arises when, as a result of the concurrent application of the different considered as natural-born Filipino citizens. Examining the intent of the
laws of two or more states, a person is simultaneously considered a framers of the 1935 constitution, they found that the only reason that
national by the said states. Thus, like any other natural-born Filipino, it is foundlings were not specifically included in the enumeration of those
enough for a person with dual citizenship who seeks public office to file considered as natural-born Filipino citizens was that they were too few in
his certificate of candidacy and swear to the oath of allegiance contained number, though, they were not opposed to considering them as
therein. The INS certification obtained for him by his father did not confer natural-born Filipino citizens. (Poe-Llamanzares v. COMELEC, G.R. No.
American citizenship on him because he was already one. Likewise, His 221697)
travels under a US passport did not strip him of his Philippine citizenship ● Proof of Natural-born Filipino citizenship. The court ruled that
either. The fact that the private respondent had dual citizenship did not The fact is that the petitioner's blood relationship with a Filipino
disqualify him from running for office, given that he was both a natural citizen is DEMONSTRABLE. The court cited circumstantial
born Filpino because of a Filipino mother, and also a natural born evidence such as the statistical probability of her parents being
American for having been born in the United States. (Cordora v. Filipino, along with her typical Filipino features such as height, flat
COMELEC, G.R. No. 176947). nasal bridge, straight black hair, almond shaped eyes and an oval
face.
Citizenship at time of acquisition of land. RA 9225 makes a distinction
between natural-born Filipino citizens who became naturalized citizens of
a foreign country, before and after the effectivity of the law. Those who
were naturalized abroad, before the enactment of RA 9225, were
considered to have lost their natural-born citizenship, pursuant to CA 63,
and were considered to have reacquired this, only upon their oath of
allegiance to the Republic. However, those who were naturalized abroad
after the enactment of R.A. 9225, retained their natural-born Filipino
citizenship. In petitioner’s case, the former applied, since he was a
Canadian citizen upon the purchase of the land and only reacquired his
Filipino citizenship after the purchase. (David v. Agbay, G.R. No. 199113)

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 ARTICLE IV | SECTIONS 3 TO 4

Philippines, shall not divest a Filipino of his Philippine citizenship

if either of the following circumstances is present:
Section 3. Philippine citizenship may be lost or reacquired in the
a. The Republic of the Philippines has a defensive and/or
manner provided by law.
offensive pact of alliance with the said foreign country; or
b. The said foreign country maintains armed forces on
Section 4. Citizens of the Philippines who marry aliens shall retain their
Philippine territory with the consent of the Republic of the
citizenship, unless by their act or omission they are deemed, under the
Philippines: Provided, That the Filipino citizen concerned,
law, to have renounced it.
at the time of rendering said service, or acceptance of
said commission, and taking the oath of allegiance
TWO LAWS ON LOSS OF CITIZENSHIP incident thereto, states that he does so only in connection
with his service to said foreign country: And provided,
First: Commonwealth Act No. 63 — An Act Providing For The Ways in finally, That any Filipino citizen who is rendering service
Which Philippine Citizenship May Be Lost Or Reacquired. This applies to, or is commissioned in, the armed forces of a foreign
to both natural-born and naturalized citizenship. country under any of the circumstances mentioned in
paragraph (a) or (b), shall not be permitted to participate
SECTION 1. How citizenship may be lost — A Filipino citizen may lose nor vote in any election of the Republic of the Philippines
his citizenship in any of the following ways and/or events: during the period of his service to, or commission in, the
1. By naturalization in a foreign country; armed forces of said foreign country. Upon his discharge
2. By express renunciation of citizenship; from the service of the said foreign country, he shall be
3. By subscribing to an oath of allegiance to support the automatically entitled to the full enjoyment of his civil and
constitution or laws of a foreign country upon attaining political rights as a Filipino citizen;
twenty-one years of age or more: Provided, however, That a 5. By cancellation of the of the certificates of naturalization;
Filipino may not divest himself of Philippine citizenship in any 6. By having been declared by competent authority, a deserter of
manner while the Republic of the Philippines is at war with any the Philippine Armed Forces in time of war, unless subsequently,
country; a plenary pardon or amnesty has been granted;
4. By rendering services to, or accepting commission in, the armed 7. By naturalization in a foreign country;
forces of a foreign country: Provided, That the rendering of 8. By express renunciation of citizenship;
service to, or the acceptance of such commission in, the armed 9. By subscribing to an oath of allegiance to support the
forces of a foreign country, and the taking of an oath of allegiance constitution or laws of a foreign country upon attaining
incident thereto, with the consent of the Republic of the twenty-one years of age or more: Provided, however, That a
Filipino may not divest himself of Philippine citizenship in any

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 ARTICLE IV | SECTIONS 3 TO 4

manner while the Republic of the Philippines is at war with any 12. By having been declared by competent authority, a deserter of
country; the Philippine Armed Forces in time of war, unless subsequently,
10. By rendering services to, or accepting commission in, the armed a plenary pardon or amnesty has been granted;
forces of a foreign country: Provided, That the rendering of
service to, or the acceptance of such commission in, the armed Second: Commonwealth Act No. 473 - Revised Naturalization Law.
forces of a foreign country, and the taking of an oath of allegiance This applies to naturalized citizenship.
incident thereto, with the consent of the Republic of the
Philippines, shall not divest a Filipino of his Philippine citizenship SECTION 18. Cancellation of Naturalization Certificate Issued. -
if either of the following circumstances is present: Upon motion made in the proper proceedings by the Solicitor-General or
a. The Republic of the Philippines has a defensive and/or his representative, or by the proper provincial fiscal, the competent judge
offensive pact of alliance with the said foreign country; or may cancel the naturalization certificate issued and its registration in the
b. The said foreign country maintains armed forces on Civil Register:
Philippine territory with the consent of the Republic of the 1. If it is shown that said naturalization certificate was obtained
Philippines: Provided, That the Filipino citizen concerned, fraudulently or illegally;
at the time of rendering said service, or acceptance of 2. If the person naturalized shall, within the five years next following
said commission, and taking the oath of allegiance the issuance of said naturalization certificate, return to his native
incident thereto, states that he does so only in connection country or to some foreign country and establish his permanent
with his service to said foreign country: And provided, residence there: Provided, That the fact of the person naturalized
finally, That any Filipino citizen who is rendering service remaining for more than one year in his native country or the
to, or is commissioned in, the armed forces of a foreign country of his former nationality, or two years in any other foreign
country under any of the circumstances mentioned in country, shall be considered as prima facie evidence of his
paragraph (a) or (b), shall not be permitted to participate intention of taking up his permanent residence in the same;
nor vote in any election of the Republic of the Philippines 3. If the petition was made on an invalid declaration of intention;
during the period of his service to, or commission in, the 4. If it is shown that the minor children of the person naturalized
armed forces of said foreign country. Upon his discharge failed to graduate from a public or private high schools
from the service of the said foreign country, he shall be recognized by the Office of Private Education of the Philippines,
automatically entitled to the full enjoyment of his civil and where Philippine history, government and civics are taught as part
political rights as a Filipino citizen; of the school curriculum, through the fault of their parents either
11. By cancellation of the of the certificates of naturalization; by neglecting to support them or by transferring them to another
school or schools. A certified copy of the decree cancelling the
naturalization certificate shall be forwarded by the clerk of the

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 ARTICLE IV | SECTIONS 3 TO 4

Court to the Department of the Interior and the Bureau of Justice; 1. A person’s citizenship be raised as a material issue in a
and, controversy where said person is a party;
5. If it is shown that the naturalized citizen has allowed himself to be 2. The solicitor general or his authorized representative took active
used as a dummy requiring Philippine citizenship as a requisite part in the resolution thereof; and
for the exercise, use or enjoyment of a right, franchise or 3. The finding on citizenship is affirmed by this court. (Valles v.
privilege. COMELEC, cited in Bernas Primer, pp. 197-198)

Proof of performance of acts that constitute loss of citizenship. The REACQUISITION OF CITIZENSHIP
SC ruled that possession of an alien registration certificate
unaccompanied by proof of performance of acts whereby loss of How. Citizenship lost may be reacquired either by naturalization or by
Philippine citizenship had been lost was not adequate proof of loss of repatriation, or by a direct grant by law, (Sec. 2, 3, 4, C.A. No. 63) or by
citizenship. (Aznar v. COMELEC, G.R. No. 83820) taking an oath of allegiance to the Republic. (Sec. 3, R.A. No. 9225)

Res judicata not applicable to decisions in naturalization Naturalization. See discussion in Section 1 (4), Article IV.
proceedings. A decision in a naturalization proceedings is not res
judicata as to any of the matters which could support a judgment Repatriation. It is the reacquisition of lost citizenship and not the
cancelling the certificate for illegal or fraudulent procurement. In fact, the acquisition of a new citizenship. (Bengzon v. Cruz, G.R. No. 142840) This
certificate may be cancelled for acts committed after naturalization. applies to:
Perjury, committed during the pendency of his petition, is evidence of lack 1. Women who have lost their citizenship through marriage to aliens;
of good moral character; hence, his having been able to obtain citizenship 2. Natural-born Filipinos; and
despite the misconduct rendered his acquisition of naturalized citizenship 3. Those who lost citizenship by serving in the United States Armed
fraudulent or illegal, which is a valid ground for the cancellation of a Forces. (R.A. Nos. 965 and 2630)
certificate of naturalization, pursuant to Sec. 18 of C.A. 473. (Republic v.
Cesar Guy, cited in Bernas Primer, p. 191) Repatriation for Natural-born Filipinos. This includes their minor
children, as well as persons who have lost their citizenship on account of
Exception to non-applicability of res judicata in citizenship cases. In economic or political necessity. Provided, they are not a:
the case of Burca v. Republic, an exception to the general rule was ● Person opposed to organized government or affiliated with any
recognized. The court ruled in that case that in order that the doctrine of association or group of persons who uphold and teach doctrines
res judicata may be applied in cases of citizenship, the following must be opposing organized government;
present:

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 ARTICLE IV | SECTIONS 3 TO 4

● Person defending or teaching the necessity or propriety of Section 4, Congress may prescribe, constitute explicit or implicit
violence, personal assault, or association for the predominance of renunciation of citizenship. (Bernas Green Book, p. 647)
their ideas;
● Person convicted of crimes involving moral turpitude; or Admission. Notably, in her Motion for Reconsideration before the
● Person suffering from mental alienation or incurable contagious COMELEC En Banc, petitioner admitted that she is a holder of a US
diseases. (Sec. 1, R.A. No. 8171) passport, but she averred that she is only a dual Filipino-American citizen,
thus the requirements of R.A. No. 9225 does not apply to her. If the
Process of Repatriation. petitioner executed, said Affidavit "if only to comply with the rules," then it
● Accomplished by taking the oath of allegiance to the Republic is an admission that R.A. No. 9225 applies to her. To cover-up her
and registering in the proper Civil Registry and in the Bureau of apparent lack of an oath of allegiance as required by R.A. No. 9225,
Immigration. (Sec. 2, R.A. No. 8171) Note that this is a petitioner contends that, since she took her oath of allegiance in
prerequisite in effecting repatriation (Altarejos v. COMELEC, G.R. connection with her appointment as Provincial Administrator of
No. 163256, cited in Bernas primer, p. 193) Marinduque, she is deemed to have reacquired her status as a
● The effective date of a grant of repatriation is the date of natural-born Filipino citizen. This contention is misplaced. Said oath of
application for repatriation and not the date when repatriation is allegiance cannot be considered compliance with Sec. 3 of R.A. No. 9225
approved. (Lee v. Commission on Elections & Frivaldo, cited in as certain requirements have to be met as prescribed by Memorandum
Bernas Green Book, p. 646) Circular No. AFF-04-01, otherwise known as the Rules Governing
Philippine Citizenship under R.A. No. 9225 and Memorandum Circular No.
Taking an oath of allegiance. This applies to former natural-born AFF-05-002 (Revised Rules) and Administrative Order No. 91, Series of
Philippine citizens who may have lost their Philippine citizenship by 2004 issued by the Bureau of Immigration. Thus, the petitioner's oath of
reason of their acquisition of the citizenship of a foreign country. (Sec. 3 office as Provincial Administrator cannot be considered as the oath of
R.A. No. 9225 - See discussion in section 5) allegiance in compliance with R.A. No. 9225. (Reyes v. COMELEC, G.R.
No. 207264)
By direct grant of law, passed by Congress. An act of the legislature ● Private respondent Tan, in moving to cancel petitioner’s CoC
making a named individual a citizen of the Philippines. (Bernas Primer, p. before the COMELEC, presented records from the Bureau of
186) Immigration showing that Reyes was a US Passport holder and
considered a “balikbayan”. The burden then shifted to petitioner
Marriage to a foreign spouse. The 1987 provisions makes no reference to prove that either, she is a natural-born Filipino and never lost
to a particular sex, thus, making the rule applicable to both males and the same, or she reacquired her natural-born Filipino citizenship
females. Marriage alone to an alien, cannot strip a Filipino woman of her in accordance with the provisions of R.A. No. 9225. She failed to
Philippine citizenship. Only acts and omissions, which under Article III, present any.

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 ARTICLE IV | SECTION 5

DUAL ALLEGIANCE
SECTION 5. Dual allegiance of citizens is inimical to the national
Does Section 5 prohibit dual citizenship? The specific target of this
interest and shall be dealt with by law.
new provision is not dual citizenship but dual allegiance arising from e.g.,
mixed marriages or birth in foreign soil. This was seen as more insidious
DUAL CITIZENSHIP than dual citizenship. To the extent, however, that dual citizenship also
imports dual allegiance, then it must also be "dealt with by law." In other
Allowed. The constitution allows for the possibility of dual citizenship. It is words, the Constitution leaves the disposition of the problem of dual
a condition which arises from the fact that Philippine law cannot control citizenship and dual allegiance to ordinary legislation. (Bernas Primer, p.
international law and the laws of other countries on citizenship. (Bernas 199)
Green Book, p. 648)
Dual citizenship vs. dual allegiance. Petitioner argued that Secs. 2 & 3
Dual naturalized citizen. If Philippine citizenship is acquired by of R.A. 9225 are unconstitutional and permit dual allegiance, in violation
naturalization, and not by operation of the 1987 constitution, it is within of Art. IV, Sec. 5 of the constitution. The court ruled that R.A. No. 9225
the power of Philippine law to require prior renunciation of foreign allows dual citizenship for natural-born Filipino citizens who have lost
nationality as a condition. (Oh Hek Hew v. Republic, cited in Bernas Green Philippine citizenship by reason of their naturalization as citizens of a
Book, p. 648) foreign country. On its face, it does not recognize dual allegiance. By
swearing to the supreme authority of the Republic, the person implicitly
Instances of dual citizenship. renounces his foreign citizenship. Plainly, from Section 3, Rep. Act No.
● The child of a Filipina mother who might also have the alien 9225 stayed clear out of the problem of dual allegiance and shifted the
father’s citizenship (Sec. 1[2], Art. IV, 1987 Constitution); burden of confronting the issue of whether or not there is dual allegiance
● A Filipina married to an alien might also acquire her alien to the concerned foreign country. What happens to the other citizenship
husband’s citizenship (Sec. 4, Art. IV, 1987 Constitution); and was not made a concern of Rep. Act No. 9225. (AASJS-Calilung v.
● A person with Filipino parents born in a country which observes Datumanong, G.R. No. 160869)
the jus soli rule. (Mercado v. Manzano, G.R. No. 135083) ● Congress yet to deal with dual allegiance. The legislature still
has to enact the law on dual allegiance. In Sections 2 and 3 of
Meaning of Dual Citizenship. Dual citizenship is involuntary and arises Rep. Act No. 9225, the framers were not concerned with dual
when, as a result of the concurrent application of the different laws of two citizenship per se, but with the status of naturalized citizens who
or more states, a person is simultaneously considered a national by the maintain their allegiance to their countries of origin even after their
said states. (Id.; Cordora v. COMELEC, G.R. No. 176947) naturalization. Congress was given a mandate to draft a law that
would set specific parameters of what really constitutes dual

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 ARTICLE IV | SECTION 5

allegiance. Until this is done, it would be premature for the judicial Restoration of rights. Although their civil and political rights are restored,
department, including this Court, to rule on issues pertaining to there are restrictions:
dual allegiance.
Those who retain or re-acquire Philippine citizenship under this Act shall
REPUBLIC ACT NO. 9225 enjoy full civil and political rights and be subject to all attendant liabilities
and responsibilities under existing laws of the Philippines and the
Purpose. What R.A. 9225, or the Dual Citizenship Law, has done is following conditions:
liberalize the reacquisition and retention of natural-born Philippine 1. Those intending to exercise their right of suffrage must Meet the
citizenship. The law deals with two classes of persons: requirements under Section 1, Article V of the Constitution,
● Filipinos who lost their citizenship prior to the enactment of R.A. Republic Act No. 9189, otherwise known as "The Overseas
9225; and Absentee Voting Act of 2003" and other existing laws;
● Filipinos who become citizens of another country after the 2. Those seeking elective public in the Philippines shall meet the
effectivity of R.A. 9225. qualification for holding such public office as required by the
Constitution and existing laws and, at the time of the filing of the
Two modes of obtaining dual citizenship under R.A. 9225. certificate of candidacy, make a personal and sworn renunciation
● Reacquisition of citizenship. What section 3 is saying is that of any and all foreign citizenship before any public officer
one who lost his citizenship prior to the enactment of R.A. 9225 authorized to administer an oath;
reacquires his citizenship upon taking the prescribed oath. 3. Those appointed to any public office shall subscribe and swear to
(Bernas Primer, p. 200) an oath of allegiance to the Republic of the Philippines and its
● Retention of citizenship. For those who lost their citizenship duly constituted authorities prior to their assumption of office:
after the enactment of R.A. 9225, the last paragraph of Section 3 Provided, That they renounce their oath of allegiance to the
is the applicable law: “Natural born citizens of the Philippines country where they took that oath;
who, after the effectivity of this Act, become citizens of a foreign 4. Those intending to practice their profession in the Philippines
country shall retain their Philippine citizenship upon taking the shall apply with the proper authority for a license or permit to
aforesaid oath.” (Id.) engage in such practice; and
5. That right to vote or be elected or appointed to any public office
Derivative Citizenship. The unmarried child, whether legitimate, in the Philippines cannot be exercised by, or extended to, those
illegitimate or adopted, below eighteen (18) years of age, of those who who:
re-acquire Philippine citizenship upon effectivity of this Act shall be a. Are candidates for or are occupying any public office in
deemed citizenship of the Philippines. (Section 4) the country of which they are naturalized citizens; and/or,
are in active service as commissioned or

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 ARTICLE IV | SECTION 5

non-commissioned officers in the armed forces of the

country in which they are naturalized citizens. (Section 5)

Q&A. If a person who has reacquired Philippine citizenship wants to run

for office, what must he do?
● Section 5(2) of R.A. 9225 compels natural-born Filipinos, who
have been naturalized as citizens of a foreign country, but who
reacquired or retained their Philippine citizenship: (1) to take the
oath of allegiance under Section 3 of R.A. 9225, and (2) for those
seeking elective public offices in the Philippines, to additionally
execute a personal and sworn renunciation of any and all foreign
citizenship before an authorized pubic officer prior or
simultaneous to the filing of their certificates of candidacy, to
qualify as candidates in Philippine elections.
● See prior discussion in Maquiling v. COMELEC in Section 1 (4),
Article IV.

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 ARTICLE V | SECTIONS 1 TO 2

ARTICLE V: RIGHT TO SUFFRAGE 3. shall have resided in the Philippines for at least one year and in
the place wherein they propose to vote for at least 6 months
immediately preceding the election. (Bernas Primer, p. 203)
Section 1. Suffrage may be exercised by all citizens of the Philippines
not otherwise disqualified by law, who are at least eighteen years of Citizenship. This is the essential foundation of the right of suffrage.
age, and who shall have resided in the Philippines for at least one year Non-citizens/aliens are excluded and denied participation in the
and in the place wherein they propose to vote for at least six months government. (Bernas Green Book, p. 656)
immediately preceding the election. No literacy, property, or other
substantive requirement shall be imposed on the exercise of suffrage. Age. Prior to the 1987 Constitution, the voting age was 21 years old.
Under the 1987 Constitution, the age is lowered to 18 years old. This is in
Section 2. The Congress shall provide a system for securing the lieu of the broadening of the mass base for voting and encouraging
secrecy and sanctity of the ballot as well as a system for absentee representative participation from the youth. (Bernas Green Book, pp. 654,
voting by qualified Filipinos abroad. 656-658)

The Congress shall also design a procedure for the disabled and the Consultative referendum. A fifteen year old is allowed to vote in a
illiterates to vote without the assistance of other persons. Until then, referendum since it was only a consultative process and there was no
they shall be allowed to vote under existing laws and such rules as the need to apply the age qualifications under this article. (Gonzales v.
Commission on Elections may promulgate to protect the secrecy of the COMELEC, cited in Bernas Primer, p. 207)
ballot.
Residence. Under Section 1, residence has two meanings: residence in
the Philippines and residence in the place wherein citizens propose to
SUFFRAGE
vote. (Bernas Green Book, p. 660)

Suffrage. Suffrage is the right to vote in elections. It started out as a

For the requirement of residence in the Philippines, residence is
statutory right but later on evolved into a constitutional right. (Bernas
synonymous to domicile or permanent residence. It entails not only
Green Book, pp. 651-656)
intention to reside in a fixed place but also personal presence in that
place, coupled with conduct indicative of such intention. (Gallego v. Verra,
Who may exercise the right to vote.
cited in Bernas Green Book, p. 658)
1. All citizens of the Philippines, not otherwise disqualified by
law;
2. who are at least 18 years of age; and

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 ARTICLE V | SECTIONS 1 TO 2

A natural-born citizen of the Philippines is deemed to have never temporarily absent from the country and those remaining in the country
abandoned his domicile unless the following requisites to establish or but temporarily absent from their voting places. (Bernas Green Book, p.
acquire domicile by choice are established: 662)
1. Residence or bodily presence in the new locality;
2. Intent to remain there, or animus manendi; and Republic Act No. 9189 or “Overseas Absentee Voting Act of 2003.”
3. Intent to abandon the old domicile, or animus non-revertendi. Absentee voting is allowed under R.A. 9189, in keeping with the goal to
(Romualdez v. RTC, cited in Bernas Primer, p. 204) enfranchise as much as possible, all overseas Filipinos. Section 4 of the
Act states, “All citizens of the Philippines abroad, who are not otherwise
For residence in the place wherein they propose to vote, residence disqualified by law, at least 18 years of age on the day of elections, may
means either domicile or temporary residence of at least 6 months. vote for president, vice president, senators, and party-list members.”
(Bernas Green Book, p. 660)
Citizens residing abroad. Even if recognized as immigrants by the
Presumption. There is a strong presumption that a person’s domicile of country of their residence, they can vote provided they file an affidavit. An
origin remains his voting domicile until it is clearly abandoned for another. absentee who, for economic reasons, resides abroad is recognized as not
(Faypon v. Quirino, cited in Bernas Green Book, p. 659) having abandoned his domicile for voting purposes. (Macalintal v.
● A citizen may leave his place of birth to look for “greener COMELEC, G.R. No. 157013)
pastures,” to improve his lot, pursue a career, vocation or ● Sec. 5 (d) of R.A. 9189 allows non-residents to vote by mere
education. He might not be willing to give up or lose his chance execution of an affidavit, a promise to perform a condition to
to vote despite his temporary absence from his domicile so that if return to the PH, without the requirement of residency in the
he registers as a voter in the place of his professional or business Philippines prior to voting.
activities, such registration does not constitute voluntary ● Filipinos who fail to return as promised stands to lose his right to
abandonment or loss of such residence. The animus revertendi or vote. Should the absentee fail to fulfill the requirements to return
intent to return to his home has not forsaken him. within 3 years, his vote will not be invalidated (since he was
qualified at the time he voted) but his name will be struck out of
ABSENTEE VOTING the National Registry of Absentee Voters and will be permanently
disqualified to vote.
General rule. Non-residents are excluded from participating in elections.
(Bernas Green Book, p. 659-660) Affidavit to be filed. The affidavit to be filed is prepared for the purpose
by the Commission on Elections declaring that the person filing shall
Exceptions. The Constitutional Commissions referred to two sets of resume actual physical permanent residence in the Philippines not later
absentees allowed to vote: those with all the qualifications of a voter but than three (3) years from approval of his/her registration under this Act. It

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 ARTICLE V | SECTIONS 1 TO 2

shall serve as an explicit expression that he has not in fact abandoned his “The Overseas Absentee Voting Act of 2003” and other existing
domicile of origin. (Nicolas-Lewis v. COMELEC, G.R. No. 162759) laws.”
● This law implicitly assimilates new/dual citizens to absentee
Failure to file affidavit. Thus, failure to file an affidavit or if after filing voters with all qualifications save for the residency requirement.
such affidavit there is a failure to re-establish physical residence in the Conclusion then is drawn that residence is not required. (Bernas
Philippines within three years, there exists grounds for disqualification. Green Book, p. 664)
(Bernas Green Book, pp. 663-664)
Republic Act No. 7166 - “Synchronized National and Local Elections
Republic Act No. 9225 or the “Citizenship Retention and & Electoral Reforms Law.” Under Section 12 of this act, absentee voting
Reacquisition Act of 2003.” This act makes eligible citizens who shall also be allowed and limited to members of the Armed Forces of the
re-acquired citizenship and dual citizens to exercise suffrage, among Philippines, Philippine National Police, and other government officers and
other civil and political rights, without having to actually establish employees who are duly registered voters and on election day, may
residence and physically stay in the Philippines. (Nicolas-Lewis v. temporarily be assigned to a place where they are not registered voters, in
COMELEC) connection with performance of election duties. They may vote for
president, vice president, and senators only.
Dual citizens/new citizens are allowed to avail the absentee voting
mechanism under R.A. 9189. Section 1 of Article V prescribes general PROHIBITED SUBSTANTIVE REQUIREMENTS
eligibility factors for the right to vote. Meanwhile, Section 2 authorizes
Congress to devise a system wherein absentees may vote, implying that a Literacy test. Before the 1973 Constitution, foreign language tests,
non-resident may vote as an exception to the residency prescription. (Id.) knowledge of English or Spanish, and ability to read or write were
● COMELEC argues that in keeping with Sec. 5 (1) of the Dual required to be able to vote. Such requirements were entirely abolished in
Citizenship Law granting dual citizens full civil and political rights, keeping with the desire to discontinue the alienation of citizens from
the petitioners must comply with Sec. 1 of Article 5 which political participation as well as encouraging popular participation.
requires that the domicile of the voter be in the Philippines. (Bernas Green Book, pp. 664-666)
However, there is no provision in the Dual Citizenship Law
requiring “duals” to actually establish residence and physically Property. Imposing such a qualification is inconsistent with the nature
stay in the Philippines before they can vote. and essence of Republican system ordained in our Constitution. The right
● Section 5 (1) of the law states that “those intending to exercise to vote shall not be dependent upon the wealth of the individual. Social
suffrage under this act must meet the requirements under Section justice also presupposes equal opportunity for all, rich or poor. (Maquera
1, Article V of the Constitution, Republic Act No. 9189 known as vs. Borra, cited in Bernas Green Book, pp. 669-670)

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 ARTICLE V | SECTIONS 1 TO 2

Other substantive requirements. Qualifications based on varying ● R.A. 10367 provides that the registration of voters who shall fail to
degrees of literacy, ownership of real estate, payment of tax, sex, race or submit for validation on or before the last day of applications for
color and the like shall not be allowed. Some examples would be the registration shall be deactivated.
invalidated Virginia poll tax as a precondition to voting and the New York ● The State may regulate the right to suffrage by imposing statutory
requirement that to be eligible to vote in a school district, one must be a disqualifications so long as it’s not tantamount to a substantive
parent of a child enrolled in a local public school. (Harper v. Virginia Board requirement. Here, the law does not add a substantive
of Elections, 383 U.S. 663, & Kramer v. Union Free School District, 395 requirement but rather provides a procedural limitation on the
U.S. 621) right to vote. It only regulates the exercise of the right to suffrage,
● Prohibiting voters in a highly urbanized city from voting elective ensuring registration prior to voting, and does not add a
provincial officials is not a substantive requirement within the qualification to vote.
contemplation of the Constitutional prohibition. Citizens in a city ● “Qualification” should be distinguished from the concept of
still have their full suffrage rights, except that they are excluded “registration.” The latter is jurisprudentially regarded as only the
from elections in the province, which is distinct from component means by which a person’s qualifications to vote is determined.
cities. (Ceniza v. COMELEC, G.R. No. L-52304)
DISQUALIFICATIONS
Registration of voters. This is recognized as a valid pre-condition for
suffrage. Registration is a procedural requirement as distinguished from Forfeiture of the right. Suffrage, like other civil and political rights, may
prohibited substantive requirements above mentioned. It does not expand be lost. Congress has the discretion to prescribe grounds for
the qualifications to vote but is merely a process whereby qualifications disqualification so long as it is not in the form of additional qualifications.
are verified. (Bernas Green Book, p. 674) (Bernas Green Book, p. 671)

Republic Act No. 8198 (The Voter’s Registration Act of 1996). In the Section 118 of the Omnibus Election Code of the Philippines (B.P. Blg.
exercise of its police power, the State may enact laws to safeguard and 881). It lists down those who are disqualified from voting:
regulate pre-election activities including the act of voter’s registration for ● Any person who has been sentenced by final judgment to suffer
the ultimate purpose of conducting honest, orderly and peaceful election. imprisonment for not less than one year, such disability not
(Kahayan, et al v. COMELEC, G.R. No. 147066) Under this law citizens are having been removed by plenary pardon or granted amnesty:
obliged to register in order to be qualified to exercise their right to vote. Provided, however, That any person disqualified to vote under
this paragraph shall automatically reacquire the right to vote upon
Biometrics. This is part of the procedural requirements to vote and falls expiration of five years after service of sentence.
under the State’s police power in order to safeguard and regulate voter’s ● Any person who has been adjudged by final judgment by
registration. (Kabataan Party-list v. COMELEC, G.R. No. 221318) competent court or tribunal of having committed any crime

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 ARTICLE V | SECTIONS 1 TO 2

involving disloyalty to the duly constituted government such as VOTING BY ILLITERATES AND DISABLED
rebellion, sedition, violation of the anti-subversion and firearms
laws, or any crime against national security, unless restored to his Illiterates and disabled. Previous attempts to disenfranchise the illiterate
full civil and political rights in accordance with law: Provided, That and disabled failed. The Constitutional Commission said that so precious
he shall regain his right to vote automatically upon expiration of a right as suffrage should not be held back from those who are so
five years after service of sentence. unfortunate as to be unable to read or write. After all, the representative
● Insane or incompetent persons as declared by competent quality of a government is determined by voting base. (Bernas Green
authority. Book, pp. 667-668)

Constitutionality of disqualifications. These disqualifications are not Rationale. The last sentence of Section 2 was added so that the disabled
incompatible with the Constitution as they do not impose a penalty for and illiterates are not deprived of the right to vote because of the failure of
faultless disadvantage such as illiteracy or poverty. (Bernas Primer, p. Congress to devise a proper mechanism for their votation. (Bernas Green
207) Book, pp. 668-669)
● A person convicted by final judgement for having knowingly voted
illegally during the 1934 general elections in violation of the
Revised Administrative Code is disqualified from voting. The right
to vote is not a natural right but is a right created by law. It’s a
privilege granted by the State to such persons or classes as are
most likely to exercise it for the public good. The State, without
question, reserves the right to deprive persons of the right to
suffrage by reason of conviction as was in this case. (People v.
Corral, G.R. No. 42300)

SECRECY AND SANCTITY OF THE BALLOT

Congressional discretion. Congress is also given the discretion to

devise a system of registration to safeguard the sanctity and secrecy of
the ballot, wherein absentees, illiterate and disabled may vote by virtue of
ordinary legislation. (Bernas Green Book, p. 663)

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 ARTICLE XIII | SECTIONS 1 TO 2

ARTICLE XIII: SOCIAL JUSTICE AND HUMAN RIGHTS Section 2. The promotion of social justice shall include the
commitment to create economic opportunities based on freedom of
Section 1. The Congress shall give highest priority to the enactment of initiative and self-reliance.
measures that protect and enhance the right of all the people to human
dignity, reduce social, economic, and political inequalities, and remove Social Justice. Embodiment of the principle that those who have less in
cultural inequities by equitably diffusing wealth and political power for life should have more in law. “When the law is clear and valid it must be
the common good. applied; but when the law can be interpreted in more ways than one, an
interpretation that favours the underprivileged must be favoured.”
To this end, the State shall regulate the acquisition, ownership, use, (Federation of Free Farmers v. CA, G.R. No. L-41161, L-41222, L-43153,
and disposition of property and its increments. L-43369)

POLICY TO REMOVE INEQUITIES Economic Opportunities. The ideas of freedom of initiative and
self-reliance qualify the word economic opportunities to convey the
message that these opportunities created by Congress should not
Salary difference between foreign and local hires. The Constitution
impede the creation of a just social structure through regulation. Without
specifically provides that labor is entitled to humane conditions of work,
the improvement of economic conditions there can be no real
which includes the manner by which employers treat their employees. It
enhancement of the political rights of all people. (Bernas Green Book, p.
also promotes equality of employment opportunities for all. Pursuant to
1239)
this principle, salaries in this case should be equal between local and
foreign hires, since salary is a direct reward for services performed. Other
benefits will make up for lost opportunities, among other things, of foregin
hires. (International School Alliance of Educators v. Quisumbing, G.R. No.
128845)
● The Labor Code recognizes equal work equal pay policy. Persons
who work with substantially equal qualification, skill, effort and
responsibility under similar conditions should be paid similar
salaries.

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 ARTICLE XIII | SECTIONS 3 TO 4

● The Labor Code provides that in the event the contractor fails to
pay his employees, the principal shall be jointly and severally
Section 3. The State shall afford full protection to labor, local and
liable with the contractor to such employees.
overseas, organized and unorganized, and promote full employment
and equality of employment opportunities for all.
Section 4. The State shall, by law, undertake an agrarian reform
It shall guarantee the rights of all workers to self-organization, collective program founded on the right of farmers and regular farmworkers, who
bargaining and negotiations, and peaceful concerted activities, are landless, to own directly or collectively the lands they till or, in the
including the right to strike in accordance with law. They shall be case of other farmworkers, to receive a just share of the fruits thereof.
entitled to security of tenure, humane conditions of work, and a living To this end, the State shall encourage and undertake the just
wage. They shall also participate in policy and decision-making distribution of all agricultural lands, subject to such priorities and
processes affecting their rights and benefits as may be provided by law. reasonable retention limits as the Congress may prescribe, taking into
account ecological, developmental, or equity considerations, and
The State shall promote the principle of shared responsibility between subject to the payment of just compensation. In determining retention
workers and employers and the preferential use of voluntary modes in limits, the State shall respect the right of small landowners. The State
settling disputes, including conciliation, and shall enforce their mutual shall further provide incentives for voluntary land-sharing.
compliance therewith to foster industrial peace.

AGRARIAN REFORM
The State shall regulate the relations between workers and employers,
recognizing the right of labor to its just share in the fruits of production
Indirect ownership of land. By using the word “collectively”, the
and the right of enterprises to reasonable returns on investments, and
Constitution allows for indirect ownership of land and not just outright
to expansion and growth.
agricultural land transfer. Thus, an agrarian reform agreement assigning
only 30% of the total assets of a corporation (owning Hacienda Luisita) to
LABOR agricultural land, which in effect, promotes the farmers' indirect
ownership of the land, is valid under the Constitution. (Hacienda Luisita v.
Solidary liability of employers as protection to workers. The joint and PARC, G.R. No. 171101)
several liability of the contractor and principal is mandated by the Labor
Code to facilitate and guarantee payment of the worker’s performance of
any work, task, job or project. It gives the workers ample protection as
mandated by the Constitution. (Eagle Security v. NLRC, G.R. No. 81314)

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 ARTICLE XIII | SECTIONS 5 TO 6

Section 6. The State shall apply the principles of agrarian reform or

Section 5. The State shall recognize the right of farmers, farmworkers, stewardship, whenever applicable in accordance with law, in the
and landowners, as well as cooperatives, and other independent disposition or utilization of other natural resources, including lands of
farmers’ organizations to participate in the planning, organization, and the public domain under lease or concession suitable to agriculture,
management of the program, and shall provide support to agriculture subject to prior rights, homestead rights of small settlers, and the
through appropriate technology and research, and adequate financial, rights of indigenous communities to their ancestral lands.
production, marketing, and other support services.
The State may resettle landless farmers and farmworkers in its own
agricultural estates which shall be distributed to them in the manner
Involvement of farmers in management of reform. This section
provided by law.
emphasizes the right of farmers and regular farm workers to participate in
the management of the land reform program. However, it does not include
participation in the management of privately-owned farms. (Bernas Green Extended to disposition on other natural resources & resettlement of
Book, p. 1257) One of the reasons of Section 5 is for the State to ensure landless farmers. This section declares that the State may resettle
that redistributed land will be efficiently productive and effectively landless farmers and farm workers in its own agricultural estates which
beneficial for all concerned. (Bernas Primer, p. 499) shall be distributed to them in the manner provided by law. It extends the
principles of agrarian reform to the disposition of other natural resources.
Section 6 refers to utilization of lands of the public domain. (Bernas Green
Book, p. 1258)

In the second paragraph of Section 6, the “farmers” and “farm workers”

mentioned are not to be considered as agricultural employees of the
state, but rather as resettlers and eventual owners of the land once the
estates are dissolved. The term “farm workers” in this Section also
includes laid-off industrial workers who might want to return to the
provinces and engage in farming. (Bernas Green Book, p. 1259-1260)

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 ARTICLE XIII | SECTIONS 7 TO 8

● The right given to subsistence fishermen is the preferential, but

not exclusive, use of communal marine fishing resources, both
Section 7. The State shall protect the rights of subsistence fishermen,
inland and offshore. What these communal areas are is to be left
especially of local communities, to the preferential use of local marine
to legislative declaration. These, however, do not include
and fishing resources, both inland and offshore. It shall provide support
“municipal fishing grounds” which are considered propios of the
to such fishermen through appropriate technology and research,
municipality in the exercise of their proprietary functions.
adequate financial, production, and marketing assistance, and other
● Foreign intrusion refers principally to foreign fishing vessels, but
services. The State shall also protect, develop, and conserve such
also to foreign capital.
resources. The protection shall extend to offshore fishing grounds of
subsistence fishermen against foreign intrusion. Fishworkers shall
receive a just share from their labor in the utilization of marine and Section 8. The State shall provide incentives to landowners to invest
fishing resources. the proceeds of the agrarian reform program to promote
industrialization, employment creation, and privatization of public
sector enterprises. Financial instruments used as payment for their
MARINE RESOURCES & FISHERMEN
lands shall be honored as equity in enterprises of their choice.

Rights of small fishermen. This section makes specific reference to the

rights of small fishermen. The provision was formulated principally POLICY TO PROMOTE THE USE OF THE LAND FOR
because of the problem created by the privatization of the large portions INVESTMENT
of the Laguna de Bay area and the problem of foreign fishing vessels
allowed by treaty to conduct trawl fishing within seven kilometers from Industrialization and agrarian reform. This section notes that
the Philippine shores, both of these effectively depriving subsistence industrialization and agrarian reform should be a mutually beneficial
fishermen of their livelihood. (Bernas Green Book, p. 1260) relationship. Agrarian reform should unlock idle wealth hidden in land for
investment in industrialization, and industrialization itself, among other
Subsistence fishermen. The first sentence states the basic protection of benefits, should be able to absorb farm workers released from farms
subsistence fishermen. According to Commissioner Ople, the phrase because of mechanization. And the improvement of the economic lot of
“subsistence fishermen” should be used liberally in the sense that it both farm and industrial workers should result in the “enhancement of
should not be restricted to the poorest fishermen, as some fishermen may human dignity” referred to in Section 1. The assured value of “financial
be a little bit more affluent than others. Hence, the intent of the proposal instruments” should enable landowners to channel their wealth into
was all-encompassing with respect to the real and actual fishermen in the non-agricultural production ventures. (Bernas Primer, pp. 500-501)
area who fish for a living. (Bernas Green Book, p. 1261)

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 ARTICLE XIII | SECTIONS 9 TO 10

● The word carries the meaning that what is sought is the righting
of inequitable land distribution. Thus, it includes the authorization
Section 9. The State shall, by law, and for the common good,
to use expropriation for redistribution of urban land. (Id.)
undertake, in cooperation with the private sector, a continuing program
● Necessarily, police power would have to come into place and,
of urban land reform and housing which will make available at
where necessary, together with eminent domain. (Cariday
affordable cost decent housing and basic services to underprivileged
Investment v. CA, cited in Bernas Green Book, p. 1265)
and homeless citizens in urban centers and resettlements areas. It shall
also promote adequate employment opportunities to such citizens. In
Important elements of the urban land reform program.
the implementation of such program the State shall respect the rights of
1. Basic services. “Basic” is deliberately chosen as the program
small property owners.
does not call for unnecessary amenities, such as swimming
pools.
URBAN LAND REFORM AND HOUSING 2. Adequate employment opportunities. (Bernas Green Book, p.
1266)
Types of housing programs. This section concerns not just the
underprivileged in general, but the underprivileged and homeless,
Section 10. Urban or rural poor dwellers shall not be evicted nor their
discounting the underprivileged who enjoy inherited homes. (Bernas
dwellings demolished, except in accordance with law and in a just and
Green Book, p. 1265)
humane manner.
● Open market housing program. It addresses the higher income
sector who can afford to choose the kind of houses they want.
No resettlement of urban or rural dwellers shall be undertaken without
● Economic market housing program. It addresses the lower
adequate consultation with them and the communities where they are
income bracket who are in search of affordable housing.
to be relocated.
● Social housing program. It. addresses those who cannot afford
even low-cost housing who need some form of subsidy. This type
is the principal object of concern of the constitutional mandate. EVICTION AND RESETTLEMENT

Import of the word “reform”. For social housing, what is needed is not Exception to prohibition on eviction: law and just & humane manner.
just regulation of urban land use, but urban land reform, as this indicates Eviction in this case is not prohibited. If there should be an eviction, it
that there has been an unjust utilization of land which needs reformation. must be conducted in accordance with law and in a just and humane
(Id.) manner as mandated by the Constitution. (Macasiano v. NHA, G.R. No.
107921)

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 ARTICLE XIII | SECTIONS 9 TO 10

● Sec. 28 of Urban and Development Housing Act of 1992 provides 6. No use of heavy equipment for demolition except for structures
that eviction or demolition shall be discouraged. However, it may that are permanent and of concrete materials;
be allowed under the following situations: 7. Proper uniforms for members of the Philippine National Police
○ When persons or entities occupy danger areas such as who shall occupy the first line of law enforcement and observe
esteros, railroad tracks, garbage dumps, riverbanks, proper disturbance control procedures; and
shorelines, waterways, and other public places such as 8. Adequate relocation, whether temporary or permanent. (Id.)
sidewalks, roads, parks, and playgrounds;
○ When government infrastructure projects with available “In accordance with law” and “just and humane manner.” This means
funding are about to be implemented; or that the person to be evicted should be accorded due process or an
○ When there is a court order for eviction and demolition. opportunity to controvert the allegation that his or her occupation or
● Under Sec. 44 of the same act. There shall be a moratorium on possession of the property involved is unlawful or against the will of the
the eviction of all program beneficiaries and on the demolition of landowner; that should the illegal or unlawful occupation be proven, the
their houses or dwelling units for a period of 3 years from the occupant be sufficiently notified before actual eviction or demolition is
effectivity of the Act, provided, that the moratorium shall not done; and that there be no loss of lives, physical injuries or unnecessary
apply to those persons who have constructed their structures loss of or damage to properties. (People v. Leachon, G.R. No. 108725)
after the effectivity of this Act and for cases enumerated in
Section 28 hereof.

Mandatory procedure for execution of eviction and demolition.

1. Notice upon the affected persons or entities at least thirty days
prior to the date of eviction or demolition;
2. Adequate consultations on the matter of resettlement with the
duly designated representatives of the families to be resettled and
the affected communities in the areas where they are to be
relocated;
3. Presence of local government officials or their representatives
during eviction or demolition;
4. Proper identification of all persons taking part in the demolition;
5. Execution of eviction or demolition only during regular office
hours from Mondays to Fridays and during good weather, unless
the affected families consent otherwise;

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 ARTICLE XIII | SECTIONS 11 TO 14

Section 11. The State shall adopt an integrated and comprehensive Section 13. The State shall establish a special agency for disabled
approach to health development which shall endeavor to make persons for rehabilitation, self-development and self-reliance, and their
essential goods, health and other social services available to all the integration into the mainstream of society.
people at affordable cost. There shall be priority for the needs of the
underprivileged sick, elderly, disabled, women, and children. The State
Health. A state of complete physical, mental, and social well-being, and
shall endeavor to provide free medical care to paupers.
not merely the absence of disease or infirmity. (Bernas Green Book, p.
1270)
Key concepts. ● Although the right to health should be enjoyed by all, sections
● Integrated. Connotes a unified health delivery system, combining 11-13 express a clear bias for the underprivileged. (Id.)
the private and public sector, and western and traditional health
care modalities.
Section 14. The State shall protect working women by providing safe
● Comprehensive. Includes health promotion, disease prevention,
and healthful working conditions, taking into account their maternal
education, and planning.
functions, and such facilities and opportunities that will enhance their
● Affordable. (Bernas Green Book, p. 1270)
welfare and enable them to realize their full potential in the service of
the nation.
Section 12. The State shall establish and maintain an effective food
and drug regulatory system and undertake appropriate health
Distinctions between men and women. While Sec. 14, Art. II asserts
manpower development and research, responsive to the country’s
fundamental equality, this section implicitly acknowledges that there are
health needs and problems.
distinctions between men and women that make for real differences.
(Bernas Green Book, p. 1271)

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 ARTICLE XIII | SECTIONS 15 TO 17

Section 15. The State shall respect the role of independent people’s Section 17.
organizations to enable the people to pursue and protect, within the 1. There is hereby created an independent office called the
democratic framework, their legitimate and collective interests and Commission on Human Rights.
aspirations through peaceful and lawful means. 2. The Commission shall be composed of a Chairman and four
Members who must be natural-born citizens of the Philippines
People’s organizations are bona fide associations of citizens with and a majority of whom shall be members of the Bar. The term
demonstrated capacity to promote the public interest and with of office and other qualifications and disabilities of the
identifiable leadership, membership, and structure. Members of the Commission shall be provided by law.
3. Until this Commission is constituted, the existing Presidential
Section 16. The right of the people and their organizations to effective Committee on Human Rights shall continue to exercise its
and reasonable participation at all levels of social, political, and present functions and powers.
economic decision-making shall not be abridged. The State shall, by 4. The approved annual appropriations of the Commission shall
law, facilitate the establishment of adequate consultation mechanisms. be automatically and regularly released.

People’s organizations. They need not be juridical persons. Section 15 Organization of the Commission of Human Rights. The Commission is
talks about “independent" people's organizations, that is, organizations composed of the Chairman and four members who must be natural born
which are not controlled by manipulative forces in or out of government. citizens of the Philippines and a majority of whom must be members of
Strictly speaking, however, if one must speak of rights, in the case of the Bar. (Bernas Green Book, p. 1274)
organizations which are not juridical persons, the right protected is that of ● However, according to the Court, the Commission on Human
individual members, because only persons can be the subject of rights. Rights is not on the same level as the Constitutional
(Bernas Primer, p. 504) Commissions in Article IX and does not enjoy the fiscal autonomy
● At most, the provisions of Section 15 and 16 serve as granted by the Constitution to the Constitutional Commissions.
exhortations to the people to act jointly, and to associations to CHR’s fiscal autonomy is limited to the automatic and regular
act with independence and not to allow themselves to be release of appropriations as provided by the constitution. (CHR
instrumentalized by the state." Moreover ,the Supreme Court on Employees v. CHR, G.R. No. 155336)
occasion rejected the notion that the provisions confer on
organizations "standing" to challenge in court the validity of
governmental policies. (Kilos Bayan v. Morato, cited in Bernas, p.
1272)

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 ARTICLE XIII | SECTIONS 15 TO 17

SECTION 17 (4). BUDGET

Fiscal autonomy. A constitutional grant that entails freedom from outside

control and limitations, other than those provided by law. It refers to
automatic and regular release of funds, the power to levy fees, utilize
savings, and fix compensation rates, etc. This does not include other
aspects of fiscal autonomy such as the power to increase salaries and
salary classification on its own. (CHR Employees v. CHR, G.R. No.
155336)
● This kind of fiscal autonomy is only enjoyed by the
constitutional commissions (COA, CSC and Comelec),
Judiciary and the Ombudsman. However, these bodies still
need the approval of DBM to classify and create positions
and upgrade salary classifications in accordance with the
Compensation Standardization Law.

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 ARTICLE XIII | SECTIONS 18 TO 19

11. Perform such other duties and functions as may be provided

Section 18. The Commission on Human Rights shall have the following by law.
powers and functions:
1. Investigate, on its own or on complaint by any party, all forms Section 19. The Congress may provide for other cases of violations of
of human rights violations involving civil and political rights; human rights that should fall within the authority of the Commission,
2. Adopt its operational guidelines and rules of procedure, and taking into account its recommendations.
cite for contempt for violations thereof in accordance with the
Rules of Court;
POWERS OF THE COMMISSION OF HUMAN RIGHTS
3. Provide appropriate legal measures for the protection of human
rights of all persons within the Philippines, as well as Filipinos
No adjudicatory power. The Constitution clearly and categorically grants
residing abroad, and provide for preventive measures and legal
to the Commission the power to investigate all forms of human rights
aid services to the underprivileged whose human rights have
violations involving civil and political rights. It can exercise that power on
been violated or need protection;
its own initiative or on complaint of any person. It may exercise that
4. Exercise visitorial powers over jails, prisons, or detention
power pursuant to such rules of procedure as it may adopt and, in cases
facilities;
of violations of said rules, cite for contempt in accordance with the Rules
5. Establish a continuing program of research, education, and
of Court. In the course of any investigation conducted by it or under its
information to enhance respect for the primacy of human
authority, it may grant immunity from prosecution to any person whose
rights;
testimony or whose possession of documents or other evidence is
6. Recommend to the Congress effective measures to promote
necessary or convenient to determine the truth. It may also request the
human rights and to provide for compensation to victims of
assistance of any department, bureau, office, or agency in the
violations of human rights, or their families;
performance of its functions, in the conduct of its investigation or in
7. Monitor the Philippine Government’s compliance with
extending such remedy as may be required by its findings. But it cannot
international treaty obligations on human rights;
try and decide cases (or hear and determine causes) as courts of justice,
8. Grant immunity from prosecution to any person whose
or even quasi-judicial bodies do. To investigate is not to adjudicate or
testimony or whose possession of documents or other
adjudge. Whether in the popular or the technical sense, these terms have
evidence is necessary or convenient to determine the truth in
well understood and quite distinct meanings. Therefore, it cannot go
any investigation conducted by it or under its authority;
against the judgment of the Secretary of Education and make its own
9. Request the assistance of any department, bureau, office, or
judgment. (Cariño v. CHR, G.R. No. 96681)
agency in the performance of its functions;
10. Appoint its officers and employees in accordance with law; and

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 ARTICLE XIII | SECTIONS 18 TO 19

Investigate. To follow up step by step by patient inquiry or observation.

"Investigation" being in turn described as "(a)n administrative function,
the exercise of which ordinarily does not require a hearing. An inquiry,
judicial or otherwise, for the discovery and collection of facts concerning
a certain matter or matters. (Id.)
● If there are significant findings in its investigation, the CHR can
recommend them to the prosecution for further investigation and
eventual adjudication. (Class Discussion)

Adjudicate and adjudge. To adjudicate means to settle in the exercise of

judicial authority; to determine finally. Adjudge means to pass on
judicially, to decide, settle or decree, or to sentence or condemn. Implies
a judicial determination of a fact, and the entry of a judgment. (Id.)

No injunctive power. The "order to desist" (a semantic interplay for a

restraining order) is not investigatorial in character but prescinds from an
adjudicative power that it does not possess. The constitutional provision
directing the CHR to "provide for preventive measures and legal aid
services to the underprivileged whose human rights have been violated or
need protection" may not be construed to confer jurisdiction on the
Commission to issue a restraining order or writ of injunction for, it that
were the intention, the Constitution would have expressly said so. (Simon
v. CHR, G.R. No. 100150)

Contempt power. The CHR imposes its contempt power through the
Court by following the procedures found in the Rules of Court. (Class
Discussion

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 ARTICLE XIV | SECTION 1

ARTICLE XIV: EDUCATION, SCIENCE AND TECHNOLOGY, ● In aiding the duty of the State in the development of moral
ARTS, CULTURE, AND SPORTS character, schools may take disciplinary action towards the child:
1. In respect to violations of school policies in connection
with school sponsored activities; or
Section 1. The State shall protect and promote the right of all citizens 2. Where the misconduct affects the student’s status or the
to quality education at all levels and shall take appropriate steps to good name or reputation of the school.
make such education accessible to all.
QUALITY AND ACCESSIBILITY OF EDUCATIONAL SYSTEM
NATURAL AND PRIMARY RIGHTS OF PARENTS
Power to regulate admission. The right to a quality education is not
absolute, as the Constitution also provides that “every citizen has the
Right of parents. The right of the parents is superior to that of the State.
right to choose a profession or course of study, subject to fair, reasonable
The Constitution already not only recognized the family as the basic
and equitable admission and academic requirements.” (DECS v. San
social institution but also recognized the natural right and duty of parents,
Diego, G.R. No. 89572)
as heads of the family, in preparing their children for a socially useful and
● Tablarin doctrine. The NMAT was a measure intended to limit the
upright life as embodied in Art. II, Sec. 12. It places the government not in
admission to medical schools only to those who have proved
opposition to but in support of the natural right and duty of parents.
their competence and preparation for a medical education. San
(Bernas Green Book, pp. 85-87)
Diego failed the NMAT thrice and was then prevented from taking
it a fourth time. The RTC ruled in favor of San Diego but the SC
Child not a mere creature of the state. Those who nurture him and
reversed the decision by applying the Tablarin doctrine.
direct his destiny have the right coupled with the high duty, to recognize
and prepare him for additional obligations.” (Pierce v. Society of Sisters,
Minimum standard of basic education. The Constitution did not curtail
cited in Bernas Green Book, p. 86)
the legislature's power to determine the extent of basic education. It only
provided a minimum standard: that elementary education be compulsory.
Balancing state and parental interests. “Only those interests [of the
By no means did the Constitution foreclose the possibility that the
State] of the highest order and those not otherwise served can
legislature provides beyond the minimum set by the Constitution. The
over-balance” the primary interest of parents in the religious upbringing of
case talks about whether or not compulsory kindergarten and senior high
their children. (Wisconsin v. Yoder, cited in Bernas Green Book, p. 86)
school education violates the constitution, with the enactment of the K to
● Parents are entitled to the support of laws designed to aid them
12 Law in 2013. (Council of Teachers v. Secretary of Education, G.R. No.
in the discharge of their responsibility. The law recognizes in the
216931)
state a power of control over the conduct of children which
reaches beyond the scope of its authority over adults.

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 ARTICLE XIV | SECTIONS 2 TO 3

Compulsory elementary education. The Constitution mentions

compulsory elementary education. However, the Constitutional
Section 2. The State shall:
Commission intended this to be a moral and not a legal compulsion. The
1. Establish, maintain, and support a complete, adequate, and
Commission was aware that education for their children is the natural
integrated system of education relevant to the needs of the
desire of parents and that, if they do not give it, it is not for lack of
people and society;
wanting but for want of economic capability. (Bernas Primer, p. 512)
2. Establish and maintain a system of free public education in the
elementary and high school levels. Without limiting the natural
K to 12 and compulsory education. There is no conflict between the K
right of parents to rear their children, elementary education is
to 12 Law and related issuances and the Constitution when it made
compulsory for all children of school age;
kindergarten and senior high school compulsory. The Constitution is clear
3. Establish and maintain a system of scholarship grants, student
in making elementary education compulsory; and the K to 12 Law and
loan programs, subsidies, and other incentives which shall be
related issuances did not change this as, in fact, they affirmed it. The
available to deserving students in both public and private
Constitution did not curtail the legislature's power to determine the extent
schools, especially to the underprivileged;
of basic education. It only provided a minimum standard: that elementary
4. Encourage non-formal, informal, and indigenous learning
education be compulsory. By no means did the Constitution foreclose the
systems, as well as self-learning, independent, and
possibility that the legislature provides beyond the minimum set by the
out-of-school study programs particularly those that respond to
Constitution. (Council of Teachers v. Sec. of Education, G.R. No. 216930)
community needs; and
5. Provide adult citizens, the disabled, and out-of-school youth
with training in civics, vocational efficiency, and other skills. Section 3.
1. All educational institutions shall include the study of the
Constitution as part of the curricula.
Availability of quality education. The obligation of the state to give
2. They shall inculcate patriotism and nationalism, foster love of
quality education also has an effect on the obligation and right of
humanity, respect for human rights, appreciation of the role of
public-school teachers. Thus when teachers who had been suspended
national heroes in the historical development of the country,
for six months demand upon their return that they be reinstated in the
teach the rights and duties of citizenship, strengthen ethical
same school where their place had been taken by others in order not to
and spiritual values, develop moral character and personal
interrupt the schooling of the children, the Court said that in the light of
discipline, encourage critical and creative thinking, broaden
the obligation of the state and the exigencies of the service the teachers
scientific and technological knowledge, and promote
must accept assignment elsewhere. (Superintendent v. Azarcon, cited in
vocational efficiency.
Bernas Green Book, p. 1280)
3. At the option expressed in writing by the parents or guardians,

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 ARTICLE XIV | SECTIONS 2 TO 3

Can a school discipline a student when you post something online?

religion shall be allowed to be taught to their children or wards
The short answer is yes but it is still dependent on a number of things.
in public elementary and high schools within the regular class
(Class Discussion)
hours by instructors designated or approved by the religious
● Discipline of unprotected speech. As a general rule, all
authorities of the religion to which the children or wards
unprotected speech (libel, obscenity, criminal, etc.) is not
belong, without additional cost to the Government.
protected. Thus the school can discipline them for such speech.
(Id.)
DUTY OF INSTITUTIONS ● Forms of speech in the gray area. Students have rights, such as
the freedom of speech, which the school cannot infringe on. But
Duty of institutions. It is not the duty of private schools to subsidize the when these rights substantially disrupt the proceedings of the
education of students, this is a state duty. Private schools must maintain school, the school can discipline them. The rationale for this is
academic standards and relevant educational policy but are also entitled that rights are never absolute. Due to the substantial disruption
to commensurate compensation for the service they render. Private which has affected other people as well, the school can discipline
schools generally can give students only the kind of service which is the students. (Id.)
commensurate to what they pay for. (Bernas Primer, pp. 508-509) ● Off campus speech. There are several instances where
● Discipline in education is specifically mandated by the off-campus speech can also be treated as on campus speech
Constitution. Schools and school administrators have the which the school can discipline.
authority to maintain school discipline and the right to impose ● Substantial connection/nexus between the speech and
appropriate and reasonable disciplinary measures. (Bernas the school
Primer, p. 512) ● Speech done during a school sanctioned event (field trip,
● Art. XIV, Sec. 3 contains a short list of what education should or tournament, etc.)
may contain. This prescribes the study of the Constitution and a ● If the off campus speech has manifestations on campus
list of values which education should seek to inculcate. (Bernas (Id.)
Green Book, p. 1282)

Obscene school paper. The power of the school to investigate is related

to its power to suspend or expel. Section 5(2), Article XIV gives the
description of academic freedom. Miriam College has the authority to
hear and decide the cases of the students. (Miriam College v. CA G.R. No.
127930)

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 ARTICLE XIV | SECTION 4

restrictions on dividends and provisions for reinvestment.

Section 4. 5. Subject to conditions prescribed by law, all grants,
1. The State recognizes the complementary roles of public and endowments, donations, or contributions used actually, directly,
private institutions in the educational system and shall exercise and exclusively for educational purposes shall be exempt from
reasonable supervision and regulation of all educational tax.
institutions.
2. Educational institutions, other than those established by
SECTION 4(3). EXEMPTION FROM TAX
religious groups and mission boards, shall be owned solely by
citizens of the Philippines or corporations or associations at
Tax exemptions. The rationale behind tax privileges given in Section 4 (3)
least sixty per centum of the capital of which is owned by such
and (4) is meant to help enable private schools to offer quality and
citizens. The Congress may, however, require increased Filipino
affordable education. By granting tax exemption, the State provides
equity participation in all educational institutions.
incentive to private institutions to share with its responsibility in educating
The control and administration of educational institutions shall
the youth. (Bernas Green Book, pp. 1285-1293)
be vested in citizens of the Philippines.
No educational institution shall be established exclusively for
Requisites to avail of tax exemption.
aliens and no group of aliens shall comprise more than
1. Taxpayer falls under the classification non-stock, non-profit
one-third of the enrollment in any school. The provisions of this
educational institution; and
subsection shall not apply to schools established for foreign
2. The income it seeks to be exempted from taxation is used
diplomatic personnel and their dependents and, unless
actually, directly, and exclusively for educational purposes. (Id.)
otherwise provided by law, for other foreign temporary
residents.
Expanded tax coverage. The coverage is broad because it includes “all
3. All revenues and assets of non-stock, non-profit educational
revenues and assets” and “taxes and duties”. It therefore expands the tax
institutions used actually, directly, and exclusively for
coverage on Art. VI, Sec. 28(3) which covers only “lands, buildings and
educational purposes shall be exempt from taxes and duties.
improvements”. It also covers “duties” on such items, for instance as
Upon the dissolution or cessation of the corporate existence of
laboratory equipment, audio-visual vans, supplies, books and library
such institutions, their assets shall be disposed of in the
equipment. However, the coverage is precise because these assets and
manner provided by law.
revenues must be “used directly and exclusively for educational
4. Proprietary educational institutions, including those
purposes.” (Id.)
cooperatively owned, may likewise be entitled to such
exemptions subject to the limitations provided by law including

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 ARTICLE XIV | SECTION 4

Exempt from donor’s and estate taxes. Subject to provisions income tax. The reduced rate is applicable only if: (1) the
prescribed by law, “all grants, endowments, donations, or contributions proprietary educational institution is non-profit and (2) its gross
used actually, directly, and exclusively for educational purposes” shall be income from unrelated trade, business or activity does not
exempt from donor’s and estate taxes. (Id.) exceed 50% of its total gross income.

Revenues and assets used for educational purposes are exempt from Difference between taxation of revenues and taxation of assets.
taxes. The tax exemption constitutionally granted to non-stock, non-profit ● Revenues consist of the amounts earned by a person or entity
educational institutions, is not subject to limitations imposed by law. (CIR from the conduct of business operations. It may refer to the sale
v. DLSU, G.R. No. 196596) of goods, rendition of services, or the return of an investment.
● The phrase all revenues is unqualified by any reference to the Revenue is a component of the tax base in income tax, VAT, and
source of revenues. Thus, so long as the revenues and income local business tax (LBT). (Id.)
are used actually, directly and exclusively for educational ● Assets are the tangible and intangible properties owned by a
purposes, then said revenues and income shall be exempt from person or entity. It may refer to real estate, cash deposit in a
taxes and duties. bank, investment in the stocks of a corporation, inventory of
● Unlike Sec 28 (3), Article 6 of the Constitution, which exempts goods, or any property from which the person or entity may
from tax only the assets, i.e. “all lands, buildings, and derive income or use to generate the same. The fair market value
improvements, actually directly, and exclusively used for religious, of real property is a component of the tax base in real property
charitable, or educational purposes,” Sec 4 (3), Art 14 tax (RPT). (Id.)
categorically states that “all revenues and assets . . . used ● Proving the actual use of the taxable item will result in an
actually, directly, and exclusively for educational purposes shall exemption, but the specific tax form which the entity shall be
be exempt from taxes and duties.” exempted from shall depend on whether the item is an item of
revenue or asset. (Id.)
Difference between non-stock, non-profit educational institutions
from a proprietary educational institution. The tax exemption granted
to non-stock, non-profit educational institutions is conditioned only on the
actual, direct and exclusive use of their revenues and assets for
educational purposes. While tax exemptions may also be granted to
proprietary educational institutions, these exemptions may be subject to
limitations imposed by Congress. (Id.)
● By the Tax Code's clear terms, a proprietary educational
institution is entitled only to the reduced rate of 10% corporate

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 ARTICLE XIV | SECTION 5

to the imperatives of the national interests (i.e.: automatic

reappropriation for servicing foreign debts).
Section 5.
1. The State shall take into account regional and sectoral needs
ACADEMIC FREEDOM
and conditions and shall encourage local planning in the
development of educational policies and programs. OF INSTITUTIONS OF HIGHER LEARNING
2. Academic freedom shall be enjoyed in all institutions of higher
learning. Academic freedom. The Constitution does not freeze the meaning of
3. Every citizen has a right to select a profession or course of academic freedom and thereby allows it to develop through
study, subject to fair, reasonable, and equitable admission and jurisprudence. Academic freedom is guaranteed by the Constitution and
academic requirements. belongs to various elements in an institution of higher learning – to the
4. The State shall enhance the right of teachers to professional institution itself, to the faculty, and to the students. (Bernas Green Book,
advancement. Non-teaching academic and non-academic pp. 1294-1306)
personnel shall enjoy the protection of the State. ● It must be satisfied that the freedom in all institutions of higher
5. The State shall assign the highest budgetary priority to learning does not negate the freedom of students and teachers
education and ensure that teaching will attract and retain its within the parameters of the Bill of Rights.
rightful share of the best available talents through adequate ● However, the school may be ordered closed when the school
remuneration and other means of job satisfaction and itself fails to satisfy reasonable academic standards set by the
fulfillment. state. Academic freedom also grants to the university the
exclusive discretion to determine to whom among its graduates it
shall confer academic recognition, based on its established
Education in a national perspective. This section gives attention to
standards. Rights of schools to impose admission standards are
regional differences and local planning of education in conformity with the
also recognized. The state, either by law or regulation, may also
policy of supporting local autonomy. It ensures the protection and care of
set admission standards provided that they are reasonable and
the teaching force and non-academic personnel (including private school
equitable in application.
personnel), recognizing their vital role in the success of an educational
system. For this purpose and for the general success of the educational
Denied admission to theology. A mandamus proceeding against the
enterprise, the state is commanded to give education the highest
Faculty Admission Committee of the Loyola School of Theology for the
budgetary priority. (Bernas Green Book, pp. 1293-1294)
purpose of petitioner’s re-admission to the school for a Master’s Degree
● However, it does not mean that all else must yield to it. The
in Theology was denied, considering the interests of the school and other
provision must not deprive Congress of its power to respond
students. Academic institutions have de facto control over:
1. Who may teach

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 ARTICLE XIV | SECTION 5

2. What may be taught school to PASS the PHILSAT. This violated the academic freedom
3. How it shall be taught of law schools because the PHILSAT became a mandatory
4. Who may be admitted to study (Garcia v. Faculty Admission, G.R. requirement for admission. It took away the schools’ choice on
No. L-40779) who to admit to their respective schools. (Class Discussion)
○ This was different from the NMAT because medical
Freedom to give honors. Schools of learning are given ample discretion schools were free to determine the passing rate that
to formulate rules and guidelines in the granting of honors for purposes of applicants must achieve in their NMAT scores so that
graduation. This is part of academic freedom. Its discretion on this they can be admitted. The PHILSAT, on the other hand,
academic matter may not be disturbed or controlled by the courts unless took a step further and made it a mandatory requirement
there is grave abuse of discretion in its exercise. The case involves a in the application process, such that applicants were not
college student who transferred to another college in the university upon allowed to be admitted at all into law schools if they failed
obtaining a grade of incomplete and two failing marks. The student did the passing score provided by the LEB.
not meet the university’s standards, rules and regulations to be entitled to
graduate with honors. (University of San Carlos v. CA, G.R. No. 79237) When can academic freedom be considered abusive?
● Schools: when they infringe on the fundamental rights of the
Quality education accessible to all. The State is not really enjoined to students.
take appropriate steps to make quality education “accessible to all” who ● Students: if they abuse their fundamental rights. (Class
might for any number of reasons wish to enroll in a professional school, Discussion)
but rather merely to make such education accessible to all who qualify
under “fair, reasonable and equitable admission and academic
requirements.” The case involves assailing the constitutionality of the
Legal Education Reform Act of 1993, which created the Legal Education
Board, as well as the nationwide law school aptitude test known as the
Philippine Law School Admission Test or the PhiLSAT. (Oscar B. Pimentel,
et. al. v. Legal Education Board (LEB), G.R. No. 230642)
● Difference of PHILSAT with NMAT. According to jurisprudence,
the imposition of the NMAT is a valid police power because it
regulates those who can go to medical school. In comparison, the
LEB should also be allowed to impose the PHILSAT as a
regulation to enter law school. But what was unreasonable in the
PHILSAT was the requirement, of the LEB, for all applicants of law

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 ARTICLE XIV | SECTIONS 6 TO 11

of the government. Section 7 designates both Filipino and English as

official languages. (Id.)
Section 6. The national language of the Philippines is Filipino. As it
evolves, it shall be further developed and enriched on the basis of
existing Philippine and other languages. Section 8. This Constitution shall be promulgated in Filipino and
English and shall be translated into major regional languages, Arabic,
Subject to provisions of law and as the Congress may deem and Spanish.
appropriate, the Government shall take steps to initiate and sustain the
use of Filipino as a medium of official communication and as language Section 9. The Congress shall establish a national language
of instruction in the educational system. commission composed of representatives of various regions and
disciplines which shall undertake, coordinate, and promote researches
for the development, propagation, and preservation of Filipino and
National language. The language that is symbolic of the Filipino nation
other languages.
and expressive of the Filipino soul. (Bernas Primer, p. 522)

Section 10. Science and technology are essential for national

Filipino. A language consisting of a fusion of the various existing
development and progress. The State shall give priority to research and
Philippine languages. (Id.)
development, invention, innovation, and their utilization; and to science
and technology education, training, and services. It shall support
Section 7. For purposes of communication and instruction, the official indigenous, appropriate, and self-reliant scientific and technological
languages of the Philippines are Filipino and, until otherwise provided capabilities, and their application to the country’s productive systems
by law, English. and national life.

The regional languages are the auxiliary official languages in the regions Section 11. The Congress may provide for incentives, including tax
and shall serve as auxiliary media of instruction therein. deductions, to encourage private participation in programs of basic
and applied scientific research. Scholarships, grants-in-aid, or other
Spanish and Arabic shall be promoted on a voluntary and optional forms of incentives shall be provided to deserving science students,
basis. researchers, scientists, inventors, technologists, and specially gifted
citizens.

Official language. The prescribed medium of communication for all

official acts of or transactions with the various departments and agencies

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 ARTICLE XIV | SECTIONS 12 TO 19

Section 16. All the country’s artistic and historic wealth constitutes the
Section 12. The State shall regulate the transfer and promote the cultural treasure of the nation and shall be under the protection of the
adaptation of technology from all sources for the national benefit. It State which may regulate its disposition.
shall encourage the widest participation of private groups, local
governments, and community-based organizations in the generation Section 17. The State shall recognize, respect, and protect the rights of
and utilization of science and technology. indigenous cultural communities to preserve and develop their cultures,
traditions, and institutions. It shall consider these rights in the
Section 13. The State shall protect and secure the exclusive rights of formulation of national plans and policies.
scientists, inventors, artists, and other gifted citizens to their intellectual
property and creations, particularly when beneficial to the people, for Section 18.
such period as may be provided by law. 1. The State shall ensure equal access to cultural opportunities
through the educational system, public or private cultural
entities, scholarships, grants and other incentives, and
National state of science and technology. While provisions on science
community cultural centers, and other public venues.
and technology are of little significance to constitutional law, they are an
2. The State shall encourage and support researches and studies
important expression of national policy and concern. These provisions
on the arts and culture.
admit of the sad state of science and technology in the country as
compared to other ASEAN countries, and at the same time an exhortation
Section 19.
to the government and to the nation as a whole to give more attention to
1. The State shall promote physical education and encourage
science and technology. (Bernas Green Book, p. 1310)
sports programs, league competitions, and amateur sports,
including training for international competitions, to foster
Section 14. The State shall foster the preservation, enrichment, and self-discipline, teamwork, and excellence for the development
dynamic evolution of a Filipino national culture based on the principle of a healthy and alert citizenry.
of unity in diversity in a climate of free artistic and intellectual 2. All educational institutions shall undertake regular sports
expression. activities throughout the country in cooperation with athletic
clubs and other sectors.
Section 15. Arts and letters shall enjoy the patronage of the State. The
State shall conserve, promote, and popularize the nation’s historical
and cultural heritage and resources, as well as artistic creations.

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