Constitutional Law 2 Reviewer
Constitutional Law 2 Reviewer
Constitutional Law 2 Reviewer
They are considered inherent because they belong to the very essence of
the government without which the government cannot exist.
1.) Police Power
2.) Eminent Domain
3.) Taxation
Limitations: The exercise of these fundamental powers is subject at all
times to the limitations and requirements of the Constitution and may, in
proper cases, be annulled by the courts of justice.
Similarities among the Fundamental Powers:
1.) Inherent in the State and may be exercise by it without need of
express constitutional grant;
2.) Methods by which the State interferes with private rights;
3.) Necessary and indispensable in governance;
4.) Enduring and indestructible as the State itself;
5.) Presuppose equivalent compensation; and
6.) Exercised primarily by the legislature
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POLICE POWER
- It is the power of the State to promote public welfare by restraining
and regulating the use of liberty and property.
- It is the most pervasive, the least limitable, and the most demanding
of the three powers. It is the most essential, insistent, and the least
limitable power, extending as it does “to all the great public needs.”
It may be exercised as long as the activity or the property sought to
be regulated has some relevance to public welfare.
Basic Limitations:
1.) Due Process Clause- no person shall be deprived of life, liberty, or
property without due process of law.
2.) Equal Protection Clause- no person shall be denied the equal
protection os laws. [Art. 3, Sec. 1]
Requisites of Valid Exercise of Police Power:
1.) Lawful Subject - the subject of the measure is within the scope of
police power. That the activity or place sought to be regulated has
some relevance to public welfare.
2.) Lawful Means - the means employed are reasonably necessary for
the accomplishment of the purpose, and not unduly oppressive upon
individuals. Both ends and means must be legitimate.
Exercise of Police Power
- It is dynamic and must move with the moving society it is supposed
to regulate. Once exercised, it may be exercised again and again, as
often as it is necessary for the protection or the promotion of the
public welfare.
Exercise of Police Power Essentially Legislative
- Police power is lodged primarily in the Legislature.
Exception: When the Legislature delegates this power to the
President, administrative boards as well as lawmaking bodies of
municipal corporations or local government units. Once delegated,
agents can exercise only such powers as are conferred on them by
the national lawmaking body. In other words, limited.
Requisites for Valid Exercise of Police Power by the Delegate
1.) Express grant by law;
2.) Must not be contrary to law;
3.) Within territorial limits of LGUs.
Test for Valid Delegation
1.) Completeness Test - the law must be complete in all its terms and
conditions when it leaves the legislature such that when it reaches
the delegate, the only thing he will have to do is to e nforce it;
2.) Sufficient Standard Test - there must be adequate guidelines or
stations in the law to map out the boundaries of the delegate’s
authority and prevent the delegation from running out.
POWERS OF EMINENT DOMAIN AND TAXATION AS IMPLEMENTS OF POLICE
POWER
ASSOCIATION OF SMALL LAND OWNERS V. SEC. OF DAR
In this case, the mandated confiscation of all covered lands held beyond
private retention limits is compensable as it partakes the nature of
expropriation. This is for the benefit of the entire Filipino nation and the
foreseeable future. It is for this reason that the exercise of eminent domain
becomes an implement of police power.
LUTZ V. ARANETA
In this case, it held that Power of Taxation may be used as an implement of
Police Power when the tax is levied for a regulatory purpose, to provide
means for the rehabilitation and stabilization of a threatened sugar
industry. Sugar production is one of the great industries of our nation, Its
promotion, protection and advancement, therefore redounds greatly to the
general welfare.
Superiority of Police Power
- Police Power cannot be barred by the invocation of Contract, Treaty
or Property Rights.
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EMINENT DOMAIN
The inherent power of the State to take or appropriate private property for
public use. The Constitution requires that private property shall not be
taken without due process and payment of just compensation.
Two Stages of Eminent Domain Cases:
1.) The determination of the authority of the expropriator to exercise
power of eminent domain and the propriety of its exercise in the
context of facts involved in the suit;
2.) The determination by the Court of the just compensation for the
property sought to be taken.
Requisites of the Exercise of Eminent Domain:
1.) Necessity - there must be a necessity of public character.
a.) Effect of Loss of Public Necessity - if the genuine public
necessity disappears, there is no more cogent point for the
government’s retention of the expropriated land. It is essential
that the element of public use subsists pursuant to the
purpose stated in the petition for the expropriation filed and if
not, another petition must be filed stating its new purpose.
When the purpose for the expropriation has ceased, it is
incumbent upon the expropriator to return the property to its
private owner, if the private owner wishes to reacquire the
same. Otherwise, it would constitute as a denial of due process
on the part of the property owner and the judgement would
violate the property owner’s right to justice, fairness and
equity.
2.) Private Property - all private property capable of ownership may be
expropriated; it may include public utility.
Exception:
a.) Money - it would be a futile act because of the requirement for
the payment of just compensation, usually also made in money.
b.) Choses in action - it is a property right in personam, such as
debts owned by another person, a share in a joint-stock company, or
a claim for damages in Tort; it is the right to bring an action to
recover a debt, money, or things.
3.) Public Use - it refers to any use directly available to the general
public as a matter of right. It also includes any use that is of
usefulness, utility, or advantage, or what is productive of general
benefit of the public. As long as the public has the of use, whether
exercised by one, or many members of public, a public advantage or
public benefit accrues sufficient to constitute public use.
4.) Taking - it is the appropriation of title to and possession of the
expropriated property; imposes a burden to the owner of the
condemned property, without loss of title and possession of
property.
a.) Instances of Taking:
i.) The owner is actually deprived or dispossessed of his
property;
ii.) The owner is deprived of ordinary use of his property;
iii.) The owner is deprived of jurisdiction, supervision, and
control of his property.
b.) Requisites of Actual Taking:
i.) Expropriator must enter the property;
ii.) Entry must not be for a momentary period only;
iii.) Entry must be under a warrant or color of authority;
iv.) Property must be devoted to Public Use or otherwise
informally appropriated or injuriously affected; and
v.) Utilization of the property must be in such a way as to
oust the owner and deprive him of beneficial enjoyment
of the property.
c.) Inverse Condemnation - it is an action commenced by the
property owner to recover the value of the property taken in
fact by the governmental defendant, even though no formal
exercise of the power of eminent domain has been attempted
by the taking agency.
d.) Effect of Taking Without Going Through the Legal Process - the
aggrieved party may properly maintain suit against the
government without violating the doctrine of governmental
immunity from suit without its consent. [Amigable v. Cuenca]
5.) Just Compensation - the full and fair equivalent of the property
taken; the fair market value of the property. The measure is not the
taker’s gain but the owner’s loss. The determination of the amount of
just compensation is based on the fair market value at the time of
the taking but subject the judiciary because the determination of the
amount is a judicial function. [Secretary of DPWH v. TECSON]. Just
compensation must be paid within a reasonable time.
a.) Fair market value - the price that may be agreed upon by
parties who are willing but are not compelled to enter into a
contract of sale.
Exception: The amount is modified where only a part of a
certain property is expropriated. In such case, the owner is not
restricted to compensation for the portion actually taken but is
also entitled to consequential damages. Consequential
damages consists of injuries directly caused to the private
property taken by expropriation. These damages are awarded
when the owner suffers from an impairment or decrease in
value of the property.
b.) When just compensation is determined - Determined at the
time of the taking of the property OR the filing of the complain,
whichever came first.
[ Under Section 4 of Rule 67 of the Rules of Court, the just
compensation is to be determined as of the date of the filing of the
complaint. This Court has ruled that when the taking of the property
sought to be expropriated coincides with the commencement of the
expropriation proceedings, or takes place subsequent to the filing of
the complaint for eminent domain, the just compensation should be
determined as of the date of the filing of the complaint. In this case,
the “taking” of the Castellvi property for the purposes of determining
the just compensation to be paid must, therefore, be reckoned as of
June 26, 1959 when the complaint for eminent domain was filed, not
on Aug. 10, 1956 when the trial court placed the possession of land to
the Republic. R EPUBLIC V. VDA CASTELLVI ]
c.) Formula in cases of partial expropriation:
Just Compensation (JC) = Fair Market Value (FMV) +
Consequential Damages (CD) - Consequential Benefits (CB)
d.) Non-payment of Just Compensation as Grounds to Recover
Property - generally, non-payment does not immediately
entitle the private landowners to recover possession of the
expropriated lots.
Exception:
i.) Recovery of possession may be availed when property has
been wrongfully taken or is wrongfully retained by one claiming
to act under the power of eminent domain or where a rightful
entry is made and the party condemning refuses to pay the
compensation which has been assessed or agreed upon; or fails
or refuses to have the compensation assessed and paid
ii.) Where the government fails to pay just compensation five
years from the finality of the judgement in the expropriation
proceedings, owners shall have the right to recover as a matter
of justice and fair play pursuant to Sec. 6, Rule 39 of Rules of
Court.
6.) Due Process of Law - By filing the action for expropriation, the
government, in effect, serves notice that it is taking title and
possession of the property in adherence to Art. 3, sec. 1.
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BILL OF RIGHTS
The Bill of Rights is the sanctuary of protection for all persons, citizens or
non-citizens, against any and all kinds of abuses of power and authority by
the government, or any of its officials and employees, or even against any
unwarranted violation of such rights by any other person.
Private Acts and the Bill of Rights
- The principle that the Bill of Rights applies only to actions taken by
State officials does not necessarily mean that a private individual
cannot violate the liberty of another.
Primacy of Human Rights
- The primacy of human rights over property rights is recognized,
Because these freedoms are delicate and vulnerable, as well as
supremely precious in our society and the threat of sanctions may
deter their exercise almost as potently as the actual application of
sanctions.
Hierarchy of Rights
- Freedom of expression ranks higher in the hierarchy of constitutional
rights than property rights.
- The free exercise of religious profession or belief is superior to
contract rights,
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SEC. 1, ART. 3 - DUE PROCESS AND EQUAL PROTECTION
Due Process
- Is a guaranty against any arbitrariness on the part of the government,
whether committed by the legislative, executive or judiciary. A law
which hears before it condemns, which proceeds upon inquiry and
renders judgement only after trial.
Rights Protected by the Due Process Clause
1.) Right to Life - the right to life is not merely a right to the
preservation of life but also the security of the limbs and organs of
the human body against unlawful harm.
2.) Right to Liberty - liberty refers to something which more than mere
freedom from physical restraint or the bounds of a prison. It means
freedom to go where one may chosen and to act in such manner, not
inconsistent with the equal rights of others, as his judgement may
dictate for the promotion of his happiness; to pursue such callings
and advocacies as may be most suitable to develop his capacities,
and give to them their highest enjoyment, within the bounds of law.
3.) Right to Property - property refers to things which are susceptible of
appropriation and which are already possessed and found in the
possession of man.
Essence of Due Process
- It is the opportunity to be heard or an opportunity to explain one’s
side or an opportunity to seek a reconsideration of the action or
ruling complained of.
Scope of Due Process
- Due process clause protects all persons, natural as well as artificial.
Aspects of Due Process
1.) Substantive Due Process - this serves as a restriction on the
government’s law and rule-making powers,
a.) Requisites of Substantive Due Process:
i.) There must be a valid law upon which it is based;
ii.) The law must have been passed of approved to
accomplish a valid Governmental objective
iii.) The objective must be pursued in a lawful manner; and
iv.) The law as well as the means to accomplish the
objective must be valid and not oppressive.
2.) Procedural Due Process - this serves as a restriction on actions of
judicial and quasi-judicial agencies of the government. The method or
manner by which the law is enforced. Two areas of application of
Procedural Due Process: in judicial proceedings; and administrative
proceedings.
a.) Essential Elements:
i.) Notice
ii.) Hearing
b.) Requisites of Due Process in Judicial Proceedings:
i.) The court or tribunal trying the case us properly clothed
with judicial power to hear and determine the matter
before it;
ii.) Jurisdiction is lawfully acquired by it over the person of
the accused;
iii.) The accused is given opportunity to be heard; and
iv.) Judgement is rendered only upon lawful hearing.
c.) Requisites of Administrative Due Process
i.) Right to hearing includes the right to present one’s cause
and submit evidence to support thereof;
ii.) The tribunal must consider the evidence presented;
iii.) Evidence presented must be substantial, which means
relevant evidence as a reasonable mind might accept as
adequate to support a conclusion;
iv.) The decision must have something to support itself;
v.) The decision must be based on evidence presented
during hearing or at least contained in the record and
disclosed by the parties;
vi.) The tribunal or body or any of its judges must act on its
own independent consideration of the law and facts of
the controversy;
vii.) The decision must be rendered in a manner that the
parties can know the various issues involved and the
reason for the decision rendered.
[ NOTE: Impartial tribunal is also required. ]
Void for Vagueness Doctrine
- It holds that a law is facially invalid if men of common intelligence
must necessarily guess at its meaning and differ as to its application.
- It can be invoked against the specie of legislation that is utterly
vague on its face and is not capable of clarification either by a saving
clause or construction.
- It is repugnant to the Constitution in two respects:
1.) It violates due process for failure to accord persons, especially the
parties targeted by it, fair notice of the conduct to avoid; and
2.) It leaves law enforcers unbridled discretion in carrying out its
provisions and becomes an arbitrary flexing of the Government
muscle.
Overbreadth Doctrine
- Generally applied to statutes infringing on the freedom of speech. It
applies when a statute needlessly restrains even constitutionally
guaranteed rights.
- A Facial Challenge is allowed to be made to a vague statute and to
one which is overboard because of possible “chilling effect” upon
protected speech. [ ESTRADA V. SANDIGANGBAYAN]
Facial Challenge
- A facial invalidation is an examination of the entire law, pinpointing
its flaws and defects, not only on the basis of its actual operation to
the parties, but also on the assumption or prediction that its very
existence may cause others not before the court to refrain from
constitutionally protected speech or activities.
- In overbreadth analysis, challengers are permitted to raise the rights
of third parties. The factor that motivates the court to depart from
the general rule is the concern with the “chilling” deterrent effect of
the overbroad statute on third parties not courageous enough to
bring suit.
- Locus standi: allows third party provided that:
As-Applied Challenge
- Considers only extant facts affecting real litigants.
- Challengers to a law are not permitted to raise the rights of third
parties and can only assert their own interests.
Locus standi in this jurisdiction, the extancy of "a direct and personal
interest" presents the most obvious cause, as well as the standard test for
a petitioner's standing.
Exception:
1.) Overbreadth Doctrine;
2.) Taxpayer Suits;
3.) Third Party Standing; and
4.) Doctrine of Transcendental Importance.
Third Party Standing
1.) Person must have suffered an injury in fact;
2.) There must be a close relationship between person filing and the 3rd
party;
3.) There is a hindrance to the 3rd party to file a case.
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SEC. 2, ART. 3 - EQUAL PROTECTION OF LAW
All persons or things similarly situated must be similarly treated both as to
rights conferred and responsibilities imposed. It does not demand absolute
equality.
Classification
- Refers to grouping of persons or things similar to each other in
certain particulars and different from all others in these same
particulars.
Requisites of Valid Classification
1.) Such classification rests upon Substantial distinctions;
2.) It applies equally to all members of the same class;
3.) It is germane to the purpose of the law;
4.) It is not confined to existing conditions.
Three Tests in Determining Compliance with the Equal Protection Clause
1.) Rational Basis Test - the guaranty of equal protection of the laws is
not violated by legislation based on reasonable classification. This
standard of review is typically quite deferential; legislative
classifications are presumed to be valid largely for the reason that
the drawing of lines that create distinctions is peculiarly a legislative
task and unavoidable one.
2.) Intermediate Scrutiny Test - used as a test for evaluating
classifications based on gender and legitimacy. The government must
show that the challenged classification serves an important state
interest and that the classification is at least substantially related to
serving that interest.
3.) Strict Scrutiny Test - it is applied when the challenged statute
either:
a.) Classifies on the basis of an inherently suspect characteristic;
or
b.) Infringes fundamental constitutional rights.
Under this test, the focus is on the presence of compelling state
interest rather than substantial governmental interest and on the
absence of less restrictive means for achieving that interest, and the
burden befalls upon the State to prove the same.
--
SEC. 2, ART. 3
What are the four instances in Criminal Procedure regarding probable
cause?
1.) Preliminary Investigation
2.) Warrantless Arrest
3.) Search Warrant
4.) Warrant of Arrest
The searches and seizures provision in the 1973 Constitution was changed a
little bit in the 1987 Constitution.
- The word “personally” was deleted.
- It also deleted the “such other responsible officer may be authorized
by law” clause. Before, anybody could issue a search warrant or
warrant of arrest, the 1987 Constitution only a Judge is authorized to
issue such.
Is the judge required to personally examine the complainant and the
witnesses he may produce in issuing warrants of arrests?
- NO. In preliminary investigation, the Fiscal has already examined the
charge being made.
Is the judge required to personally examine the complainant and the
witnesses he may produce in issuing search warrants?
- YES. In search warrant, the general rule is there is no case yet and it
shall depend on the search that will be made. It’s more strict to
protect the man’s dwelling through question and answer. Searching
question and answer.
Can warrants of arrest be issued by the Commissioner of Immigration?
- YES. The warrant of arrest referred to in Art. 3, Sec. 2 is for
preliminary investigation of an offense. For the Commissioner of
Immigration, they can issue a Memorandum Order (similar to a
warrant of arrest) to deport the person if said person has committed
an offense against Immigration laws. [Morano v. Vivo]
For purposes of issuing a warrant of arrest, can a judge not issue a warrant
of arrest because the evidence was insufficient to establish a prima facie
case?
- YES. Prima facie means probable cause.
A policeman arrested Bon Ivers upon recognizing him saying that Bon Ivers
has an existing warrant of arrest issued against him which the policeman
left in his office. The wife of Bon Ivers was recording the incident and kept
shouting “YOU CANNOT ARREST HIM. YOU DO NOT HAVE A WARRANT OF
ARREST WITH YOU.” Is the wife correct?
- NO. Rule 113, Sec. 7 of the Rules of Court provides that when making
an arrest by virtue of a warrant, the officer shall inform the person to
be arrested of the cause of the arrest and of the fact that a warrant
has been issued for his arrest, except when he flees or forcibly
resists before the officer has opportunity to so inform him, or when
the giving of such information will imperil the arrest. The officer need
not have the warrant in his possession at the time of the arrest but
after the arrest, if the person arrested so requires, the warrant shall
be shown to him as soon as practicable.
Justin Vernon was arrested without a warrant 2 days after a hit and run
was reported to the police. Is the warrantless arrest valid?
- NO. The arrest isn’t under Hot-Pursuit Doctrine wherein it would have
been a valid warrantless arrest of the person has JUST COMMITTED
the crime. In this case, 2 days have already elapsed so it can no
longer fall under hot-pursuit because hot-pursuit requires
IMMEDIACY.
Muning Muni was arrested without a warrant, 2 days after kidnapping Sayo
Marilag, a 2 year old kid. Muning Muni carrying the sleeping Sayo Marilag.
on board a bus, was recognized by a policeman who watched the news and
immediately arrested. Is the warrantless arrest valid?
- YES. It is a continuing offense.
Is manual touching of the body required to consider a person under
arrest?
- NO. Arrest could not only physical restraint; may also be submission
to custody. You can voluntarily submit yourself to the police after
being issued a warrant.
For an arrest in flagrante delicto to be made, is it required that the police
officer actually see the offense committed with his own eyes?
- YES. Two elements must concur to invoke Section 5(a), Rule 113 of
Rules of Criminal Procedure: (1) the person to be arrested must
execute an overt act indicating that he [or she] has just committed, is
actually committing, or is attempting to commit a crime; and (2) such
overt act is done in the presence or within the view of the arresting
officer. However, the situation above still falls under lawful
warrantless arrest, specifically Section 5 (b), Rule 113 of the Rules on
Criminal Procedure where is states that an arrest without warrant is
lawful “When an offense has in fact just been committed, and he has
personal knowledge of facts indicating that the person to be arrested
has committed it”. In this case, law enforcers need not personally
witness the commission of a crime. However, they must have
personal knowledge of facts and circumstances indicating that the
person sought to be arrested committed it.
Is a search warrant required for policemen to search a prison cell? Legal
basis.
- NO. Art. 3, sec. 2 provides a prohibition on unreasonable searches
only. Conducting a search in a prison cell as long as it is reasonable is
permissible even without procuring a search warrant. Moreover,
there’s a reduced expectation of privacy when you’re detained or a
prisoner.
How many days is a search warrant valid?
- 10 days. Afterwards, it becomes a VOID search warrant.
A search warrant can only be issued in daytime.
- FALSE.
A search warrant was issued for “violations of the revised penal code, the
customs laws, and the immigration laws.” What do you call such search
warrants?
- Scattershot. Legal basis would be, there would be no basis of
probable cause.
It used to be that things illegally seized can still be used as evidence
because the accused should not be acquitted just because the policemen
made a mistake. This was the old doctrine in common law countries and
even in the Philippines. In one sentence, what is the justification why such
doctrine was abandoned?
- To protect constitutionally guaranteed right.
Is a search warrant which misspells the name of the person who owns the
place to be searched valid?
- NO. What is important is to determine the place correctly.
Is the Moncado ruling still valid?
- NO.
Are “Jane Doe” search warrants prohibited?
- NO. As long as there are more specific descriptions.
Is a single search warrant issued for 9 counts of rape valid?
- NO.
A grey Macbook PRO was seized by police by virtue of a search warrant
authorizing the seizure of a grey apple laptop which was being used for
swindling. Is the seizure valid considering that the technical description of
the laptop was not provided in the search warrant?
- No need for technical precisions for practical reasons.
Is a barangay tanod a private individual as to prevent an accused from
invoking the searches and seizures provision when the barangay tanod
seized items that belong to him?
- A barangay tanod is considered an agent of a person in authority. [Del
Castillo v. People]
- If the place searched is not included in the search warrant, all items
collected therein is inadmissible evidence in Court.
The Search warrant authorized the confiscation of marijuana. Marijuana
and a pistol were confiscated by the police. Can the marijuana be admitted
in court?
- YES. It is severable so the marijuana is still admissible as evidence.
Imagine that you are a police officer and based on your gut feel the person
in front of you has drugs hidden inside his clothes. However, there is only 1
suspicious circumstance present. What should you do so you can conduct a
stop-and-frisk?
- You can keep on asking questions to determine if it could arouse
another suspicious behavior.
- Lawful warrantless arrest under stop and frisk requires at least 2
suspicious circumstances. [People v. Sison, erroneous ruling by J.
Leonen, probable cause not basis of stop and frisk]
What is wrong with Zulueta v. CA?
- You can not invoke the Bill of Rights against a private person.
Shabu was confiscated inside the house of the accused by virtue of a
search warrant. The policemen, knowing that the accused was known to be
a robber, searched for other incriminating evidence. They went out of the
house and saw in plain view, 3 homemade guns (sumpak). Are these
homemade guns admissible in evidence against the accused?
- NO. If the search warrant has already been executed, you can no
longer invoke plain-view. In this case, shabu is confiscated under
search warrant, hence, things under plain view are already
inadmissible.
In Stonehill v. Diokno
- The Moncado Ruling was abandoned and adopted the Exclusionary
Rule wherein evidence must be inadmissible if it is not covered by
the search warrant was adopted.
--
VALID WARRANTLESS SEARCH:
Instances where arrest without warrant is lawful:
Rule 113, Section 5: There are exceptional circumstances "hen searches are
reasonable even when warrantless." The following are recognized instances
of permissible warrantless searches laid down in jurisprudence: (1) a
"warrantless search incidental to a lawful arrest," (2) search of "evidence in
'plain view,"' (3) "search of a moving vehicle," (4) "consented warrantless
search[es]," (5) "customs search," (6) "stop and frisk," and (7) "exigent and
emergency circumstances."
1. Incidental to lawful arrest
- Valeroso case - search limited only to area of immediate control
2. Search of a moving vehicle
- Saluday case - any public vehicle: routine inspection allowed during
entry and during transit (not applicable to public vehicles, taxis)
- Valmonte, Caballes case: Extensive search
- Routine inspection only limited to visual search
- Extensive search allowed only with probable cause
3. Customs search
Kahit nakalampas na sa borders pwede pa rin i-search
exception: dwelling (needs search warrant)
4. Plain View Doctrine
5. Consented search
Always check totality of circumstances (what time, who asked to search)
e.g. airports, ports, buses, malls, public places
6. Stop and frisk
Genuine reason to believe suspicious movements
7. Exigent and emergency circumstances
SALUDAY V. PEOPLE
- A search can be conducted in a bus or any vehicle open to the public
like a routine inspection because what search can be conducted in
the beginning can be conducted in transit. But the search cannot be
made to a private vehicle. Must be conducted in least intrusive
means without humiliating the agent of authority.
CABALLES V. COURT OF APPEALS
- A VISUAL SEARCH IS LIMITED TO JUST PLAIN VIEWING BUT YOU
CANNOT PEAK INTO VEHICLE.
DELA CRUZ V. PEOPLE
- Customs can search even if it has left the port, with the exception
that it is not brought to your dwelling.
Consensual search
- Totality of circumstances.
Stop and Frisk
- Genuine reason to believe.
- It has to be a “genuine reason” to serve the purposes of the “stop
and frisk”
Routine Inspection for Buildings, Fire, Health and Sanitation.
--
SEC. 3, ART. 3
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 threatened.
The writ of habeas data is a remedy available to any person whose right to
privacy in life, liberty or _________________ is violated or threatened.
- Security
PEOPLE V. TUDTUD
- Arrest must always precede the search; except if there is probable
cause.
A National ID System is violative of the right to privacy. True or false.
- FALSE. It is not automatically violative. In KMU vs. NEDA, it was held
that it is for mere efficiency of the government.
A policeman decided to barge into the house of Rowena Shungs based on
his gut feel and caught her in the act of smoking marijuana. If Rowena filed
a petition for the issuance of the writ of habeas data because of a violation
of her privacy, will such petition prosper?
- Right to Informational Privacy (???)
PESTILOS V. GENEROSO
- Take note of the provision of Rules of Court, the element of hot
pursuit is immediacy and if it exceeds one day, hot pursuit can no
longer be executed.
- Probable cause should be based on personal knowledge of the facts
and circumstances. Need not to be witnessed in person (that would
be in flagrante delicto). In hot pursuit, personal knowledge can be
obtained by a person who reported it to you.
- Dissenting of Leonen: A preliminary investigation should be
held instead because it would be unfair if the “reporting” favors
one person.
Plain-view Doctrine
Before you found marijuana by virtue of a search warrant, you saw stamps
which you collected. Is it valid?
- NO, because the illegality of items does not have anything to do with
the object of the search warrant UNLESS the relationship of the thing
has close relation to the offense charged.
RAMIREZ V. CA
- Problem of semantics, there is no difference between private
correspondence and private communication.
[ NOTE: The Anti-Wiretapping Act is not part of Art. 3 Bill of Rights but a
Statutory Private Right. ]
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SEC. 4, ART. 3
Can a mute person invoke freedom of expression? (10 seconds)
- YES. Constitutional right covers both speech and non-speech. [O
Brien]
A lawyer wrote to his client who is detained in prison. Can the prison
guards o pen the sealed envelope containing the letter?
- YES. So long as it is in front of the prisoner. Letter can be opened for
security purposes.
Can the prison guards r ead the letter? Legal basis?
- NO. In the case of Alejano, there is no difference between treatment
of detainee and prisoner. The case of Alejano held that a letter in a
sealed envelope can be opened as long as it’s in front of the prisoner
to whom the letter is addressed too. But a sealed envelope
constitutes privileged communication. Letter can be opened for
security purposes, but reading it is prohibited - privileged
communication.
Ramon made a false accusation on facebook stating in his status that
Panjuts is a pre-school teacher who smokes Marijuana. Rikimaru shared
the post and wrote the line: “I also know Panjuts as a person who sniffs
rugby every recess and lunch.” Is Panjuts liable under the cybercrime
prevention act?
- YES. Liable under aiding or abetting, no. But in this case, sharing will
hold you liable.
MIkee saw child porn on facebook and tagged his friend Michael in the
comment section. Is he liable for aiding or abetting proliferation of child
pornography?
- NO. In Disini, the provision regarding aiding or abetting under
Cyberlibel and Anti-Pornography Law is not constitutional. Reacting is
merely commenting and not sharing to others.
What test do we use to resolve free speech challenges?
- Clear and Present Danger Rule.
- The clear and present danger rule inquires on whether words are
used in such circumstance and of such nature as to create a clear a
present danger that will bring about substantive evil and that the
State has the right to prevent.
a.) Clear - causal connection with the danger of substantive evil arising
from the utterance questioned;
b.) Present - involves time element, identified with imminent and
immediate danger, the danger must not only be probable, but very likely
inevitable.
POLLO V. CONSTANTINO-DAVID
- Pertains to privacy of your computer use, computer issued by
government
- The current policy is the standard protocol of government offices
that there should be no expectation of privacy. No search warrant
must be issued, enough that there be a complaint made against you.
Not all speech is protected like a libelous statement that all defamatory
imputation is presumed to be malicious. If there is a presumption, there
must be evidence.
Exception: Qualified Privilege Communication wherein you need to prove
the existence of ACTUAL MALICE because there is no presumption.
1.) Privilege Communication of a person who had communication
2.) Fair and true report without any comment or remark.
3.) Fair commentaries on matters of public interest. (If it’s made against a
public figure, it falls under this situation.)
For example: you made a comment that Angel Locsin only pockets what
she donates. You may be convicted of Cyberlibel because of the existence
of malice. No basis for the commentary shows bad faith. (Take note of the
requisites)
Speech not Protected:
1.) Libelous Statements
2.) Obscenity
In the case of Soriano v. Laguardia, are the remarks “putang babae” and
“gumagana lang sa putang babae ang ibaba,” obscene for adults?
- NO. Only considered obscene for children, but not for adults. This
used Balancing State Interest but used the elements of Strict
Scrutiny Test. There is no clear cut rule regarding which test to apply
in Freedom of Expression because which test to apply are subject to
the discretion of Justices.
The ______ test is what the courts use to guide them whether a work is
obscene. (10 seconds)
- Miller Test.
Requisites:
a.) Whether the average person applying contemporary community
standards (because it’s the community which deems what is the norm),
would find that the work, taken as a whole, appeals to the prurient
interest;
b.) Whether the work depicts or describes, in a patently offensive way,
sexual conduct specifically defined by the applicable law;
c.) Whether the work, taken as a whole, lacks serious literary
Is sending spam emails prohibited?
- NO.
Enumerate the four aspects of freedom of the press.
- Freedom from Prior Restraint
- Freedom from Subsequent Punishment
- Freedom of Access to Information
- Freedom of Circulation
SORIANO VS LAGUARDIA
- Program is only suspended by law.
- Soriano: If you suspend me, that’s prior restraint.
SC: NO, that’s administrative punishment.
[N OTE: There is no distinguishment between obscene and indecent. ]
Was there a law being assailed in Chavez v. Gonzalez? Clue – Garci tapes.
Wiretapped.
- None. Under Facial Challenge where there is a chilling effect (which
was used), there is no need for a law.
- Facial challenge: you can assail statute even if it doesn’t affect you
directly (there is already a chilling effect).
When DOJ Secretary Raul Gonzales and the NTC issued warnings to media
companies and reporters broadcasting the contents of a compact disc
allegedly containing wiretapped conversations between President GMA and
a COMELEC official, should you use the O’brien test?
- NO. O’brien Test only applies to Content-Neutral Regulations.
Stephen Chow. 20 years old, asked his best friend, Athena Chu, if they can
have cybersex. Both of them called each other using zoom and did the deed
online. Can they be prosecuted for engaging in cybersex, a prohibited act
under the cybercrime prevention act?
- NO. Consenting adults.
In the case of SWS v. COMELEC, is it…….
NO. It is actually related to the freedom of speech. Restriction is no O’brien
Test applies because what is being regulated is the time, place and manner
being restricted.
!!! During the Vietnam War, when Muhammad Ali burned his draft card and
a case was filed against him. Muhammad Ali made a defense that a case
against him would be a violation of his freedom of expression. US
Jurisprudence came up with requisites for a new test (would then be called
O’brien Test)
Requisites:
1. Regulation must be within the Congress can enact
2. To further government interest and/ or substantial government
interest
Strict Scrutiny - compelling state interest
- Means should be restrictive and narrowly-tailored.
Rational Basis Test - legitimate government interest.
- Rational relationship between the interest and the means employed.
Intermediate Scrutiny
- Substantial relation between the interest and the means employed.
[ IT IS A JUDICIAL FUNCTION TO DECIDE IF ONE THING IS OBSCENE OR
NOT. OBSCENITY IS TO BE DETERMINED BY THE JUDGE. ]
SHENG v. US
Act: Shouting fire in a crowded theater.
Clear and Present Danger Rule is the prevailing doctrine.
Preliminary Investigation is not a right guaranteed by the Constitution but
part of Statutory Due Process which, nevertheless a person should not be
deprived of.
DIOCESE OF BACOLOD VS COMELEC
- Team Buhay v. Team Patay tarpaulin. RH Law-related case.
- The medium is the message. It is a content-based restriction. It is
not a religious statement nor a political statement.
NOT ALL SPEECH ARE TREATED THE SAME. POLITICAL SPEECH DOES NOT
FALL UNDER CONTENT-BASED RESTRICTION
"________" means the highest degree of restraint that the military, police
and other peace keeping authorities shall observe during a public assembly
or in the dispersal of the same.
- Maximum tolerance.
Is calibrated pre-empted response to be used by the police in public
assemblies?
- NO.
Why do you think Malabanan v. Ramento has an asterisk? Unahan. Write
your section before your answer.
- Because the Bill of Rights cannot be invoked against private entities.
What test should be used to check the validity of the authority to reroute
the route public assembly, in case the public assembly will require a
prolonged use of a public highway?
- Intermediate Test. Because what you are only regulating is the time,
place and manner when it comes to public assemblies.
Is it unconstitutional to require a permit for the holding of a public
assembly?
- NO. The purpose is to regulate the time, place and manner.
- The Clear and Present Danger Test applies: pede i-modify/deny
permit.
Enumerate the places where no written permit is required to organize and
hold a public assembly.
- Private place
- Government-owned or operated educational institution
- Freedom parks
Where to file application for permit to hold public assembly?
- Mayor’s Office.
Can you hold a public assembly if the mayor refuses to receive your
application?
- YES. It shall be immediately deemed granted after 2 days if the
applicant posts the application in a conspicuous place.
How many days prior to scheduled public assembly should be the filing of
the application?
- 5 working days.
If a controversial event just happened recently and emotions are high, is BP
880 unconstitutionally restrictive such that you need 5 working days
before you can hold a public assembly?
- NO. If not unconstitutional,it can be done in freedom parks.
Can you be prevented from holding a public assembly if there are no
freedom parks?
- NO. Doing such would deny the right to peaceable assembly. After a
certain period, public places should be allowed.
Should the police disperse the public assembly if 3 or 4 participants bang
on the shields of police officers?
- NO. Maximum tolerance should be exercised. There should be a
warning and a reasonable period to lapse.
Should the police stop the public assembly if 3 or 4
non-participants/bystanders are offended by the speeches of the rallyists
and are threatening to cause violence by promising to throw stones at the
rallyists? Have them discuss this.
- NO. This falls under Heckler’s Veto wherein it is unconstitutional. A
heckler cannot be given a right to silence a speaker. The Government
should not side with the bystander or non-participant. Under the
Constitution, the right to peaceful assembly should be upheld and
should not stop the peaceful assembly because of a bystander. The
person who should be stopped should be the bystander making the
attacks.
- It is a case to case basis wherein the Clear and Present Rule applies
which necessitates the need to disperse the assembly for the
participants’ safety.
What is provided in the dissenting opinion of Justice Rehnquist in Craig v.
Boren?
- Intermediate Scrutiny.
B.P. 880 (from the case of Bagatsing)
- Statutes from jurisprudence e.g. People vs Genosa (RA 9262)
Kahit walang elements ng JCs, pede gamitin BWS as a defense =
consistently misconstrued as law profs & students
- Statutes from jurisprudence shouldn’t be construed literally.
MALABANAN V. RAMIENTO
- The contract of a student to a school is not only subject to
obligations and contracts but also public interest.
- But the school can impose rules as long as they’re reasonable.
TINKER V. DES MOINES (using of Black Armbands)
- Assembly in a state-school where you can invoke your Bill of Rights
but still subject to the rules of Educational Institutions.
- Generally, it is allowed but cannot be disruptive to others.
Can the Mayor change the area for the place to hold the Peaceful
Assembly?
- NO. Clear and Present Rule.
Rational Basis
- Requires legitimate Interest
- There should be a reasonable relation between the interest and the
means employed.
- What rights? Property rights and economic rights.
Intermediate Scrutiny
- Requires substantial relation between the interest and the means
employed.
- What rights? Equal protection cases like gender and illegitimacy, and
quasi-suspect cases.
- Content- neutral, uses O’brien Test.
- In Content neutral, what is being tackled is the time, place and
manner.
Strict Scrutiny
- Requires compelling state interest
- Least restrictive and narrowly-tailored.
- What rights? Fundamental rights and suspect-classifications.
- Content-based, uses Clear and Present Danger Test.
- In Content based, what is being tackled is the subject matter.
In Peaceful Assemblies,
- B.P. 880 is valid because it is content-neutral which regulates time,
place and manner. The Intermediate Scrutiny Test should be applied.
When should Clear and Present Danger Test be applied?
Context: Previous rallies before your application has been subjected
to attacks by terrorist organizations.
- If at the time of deliberation, it already poses as a clear and present
danger.
- For example if the peaceful assembly application was to be held at 2
a.m.
LOVING V. VIRGINIA
- Prohibits interracial marriage.
- Argument: There is no violation of equal-protection clause because
both races are penalized.
- SC held that there is a violation of the equal-protection clause. The
penalty cannot be applied to both. It cannot classify based on race.
Why is there an Iron-bar Rule?
- Read the case of Mississippi v. Hogan
- The person wants to enroll in a state university for women.
- Used the Intermediate Scrutiny Test.
- A quasi-suspect, there is a qualification on gender but if there
is credible evidence that there is a difference.
- Read the case of Craig v. Boren
--
SEC. 5, ART. 3
What are the two concepts of the free exercise of religion clause in the bill
of rights?
- Freedom to believe
- Freedom to act on that belief
The local government council of Manila purchased a wooden image of St.
Benedict and designated Mayor Isko as the custodian. Is this
constitutional?
- NO. It constitutes a violation because the government can’t make the
purchase.
A man was arrested without a warrant for cyber libel because of something
he posted online 6 days prior which states: “Everytime the government
does something bad, Bong Go is always there to save the day even though
he is part of the administration. I think Bong Go is being prepped by Duterte
for higher office.” Is the warrantless arrest valid?
- NO. Because there is an element of immediacy.
- The proper procedure for Libel is to file a complaint to the Fiscal to
find whether there is a probable cause to file an Information and for
the Judge to determine whether there is probable cause to issue a
warrant of arrest.
- A continuing crime is done in one act while a transitory crime is when
an element of the offense can be done in 1 or 2 places which enables
the case to be filed in either place where that element was
committed.
- Libel is a transitory offense, not a continuing offense.
Would your answer be the same if he was arrested 2 hours after posting
such statements?
- YES. The reason behind that is because in Pestillos v. Generoso, what
is important is that the probable cause is based on the personal
knowledge of facts and circumstances. Thus, the police officer has
knowledge that an offense had just been committed.
What is the Lemon Test?
- The test to determine when there is no violation of Establishment
Clause
- Statute has a secular legislative purpose
- Principal or primary effect is one that neither advances nor
inhibits religion; and
- Does not foster an excessive government entanglement with
religion
- Originated from US Jurisprudence, there were two laws passed in
different states which essentially gave funds to private Catholic
school teachers. They were subsidized to compensate them from
being unequipped to teach non-secular subjects.
- The Court ruled that it is invalid because there is an entanglement,
making government employees audit the private Catholic school
teachers which is not part of their job. This violates the Lemon test
because it fosters an excessive government entanglement with
religion.
VALMORES V. ACHACOSO
- Mindanao State University requires Sunday classes.
- Students practicing the religion of 7th Day Adventist, per their
religion are not allowed to because their religion does not allow
them.
- The Bill of Rights cannot be invoked against a private entity.
AGLIPAY V. RUIZ
- The stamps were for tourism purposes and the image attached was
non-religious.
MANOSCA V. CA
- The stamp was the image of Felix Manalo (the founder of INC).
- Dissenting Opinion by J. Leonen: The dominant theme is irrelevant
because the design does not matter. The non-establishment clause
should not be superficial.
RE: LETTER OF TONY VALENCIANO
- The basement was used as a place to conduct mass in.
- Valenciano called out why mass was being held there.
- The Supreme Court ruled that: There are government measures that
can’t be imposed on a person whose religious belief would be
contrary to the latter if said government measures will be imposed
on the person.
- The Supreme Court used statutory construction noscitur a sociis, the
words "pay" and "employ" should be understood to mean that what is
prohibited is the use of public money or property for the sole
purpose of benefiting or supporting any church. The prohibition
contemplates a scenario where the appropriation is primarily
intended for the furtherance of a particular church.
- The phrase "directly or indirectly" refers to the manner of
appropriation of public money or property, not as to whether a
particular act involves a direct or a mere incidental benefit to any
church. Otherwise, the framers of the Constitution would have placed
it before "use, benefit or support" to describe the same.
- The Supreme Court used statutory construction ut magis valeat
quam pereat, that from the preamble, it already implies that people
are religious.
- Dissenting Opinion by Leonen: The cases cited in the majority opinion
are not relevant because there are laws prohibiting it wherein an
exception was made. But in this case, it’s a public place but it is
being reserved by a particular religion, in this case, the Catholics.
- In the Wherefore part, the Judge ordered the crucifix to be kept
neatly when there is no mass.
- If there is a law prohibiting you to practice your religion, it will
become invalid if there is a compelling state interest.
GARCES V. ESTENZO
- Incidental benefit but private funds were used to purchase the
wooden image of the patron Saint.
- It was allowed because the barrio fiesta is a socio-religious affair.
- Rationalized because the incidental benefit of public holiday
PBM EMPLOYEES V. PHILIPPINE BLOOMING MILLS
- Political rights are ahead of property rights.
- Strict-scrutiny is applied to fundamental rights.
AMERICAN BIBLE SOCIETY V. CITY OF MANILA
- The Supreme Court ruled that the VAT is being issued on the sale, it
doesn’t place a burden.
EBRALINAG V. DIVISION SUPERINTENDENT
- The prior doctrine of allowing students to be expelled for not saluting
to the flag was abandoned.
- There was no disruption or offensive acts of the Aglipay students
towards the tradition of flag-raising.
A vague statute violates due process in two respects:
- As established in Imbong v. Ochoa
1.) No fair notice of conduct
2.) Leaves enforcers unbridled discretion in carrying out the
provisions of the law
In _____________________, the Court finds that the State may, but is not
required to, accommodate religious interests.
- Permissive Accommodation
The ____________ approach is not hostile to religion, but it is strict in
holding that religion may not be used as a basis for classification for
purposes of governmental action, whether the action confers rights or
privileges or imposes duties or obligations.
- Strict Neutrality
The __________ believes that the Establishment Clause was meant to
protect the state from the church, and the state's hostility towards religion
allows no interaction between the two
- Strict Separationist
_____________ results when the Court finds that accommodation is
required by the Free Exercise Clause, i.e., when the Court itself carves out
an exemption.
- Mandatory Accommodation
- Benevolent Neutrality [being followed in the Philippines], if there is a
burden on your religious beliefs and the State has no compelling
state interest, there must be an exception carved out for you.
- In the case of Estrada v. Escritor, if it’s about fundamental right.
- In the case of Sherbert, the 7th Day Adventist workers, their religion
forbids them from working on Saturday. The Court held that there
should be a compelling state interest.
- In the case of Yoder, the Hamish (people who reach at a certain age,
don’t go to school. Do not believe in technology because it’s part of
their life.). There was a law passed punishing parents for not sending
their children to school. The Court helt that there is a mandatory
state interest.
In the case of Smith
- Some Native Americans were dismissed from work for using
hallucinogens. The Court held that hallucinogens were prohibited in a
general sense, not to target a specific religion. The Court used the
rational basis test. Hence, the rule on the use of hallucinogens must
not be bent.
What is the danger if rational basis is used when religious freedom is
burdened?
- Discrimination of minority.
- Rational basis cannot be used because when there is a compelling
state interest or if it applies to everyone, the law remains valid.
Why minority?
- Because of their religious belief, the strict-neutrality must be used
instead.
In the City of Boerne, the US SC found unconstitutional an act of congress
which provided that it is under strict scrutiny that shall be used in case
religious freedom is burdened. Why?
- Violation of separation of powers.
If that was usurpation of judicial powers and a violation of separation of
powers, why is BP 880 providing the “clear and present danger” test
considered valid?
- Because it merely codifies the ruling in Reyes v. Bagatsing.
If we are going to use benevolent neutrality, can a believer, whose religion
requires him to kill at least one man who he thinks is a sinner for him (the
believer) not to go to hell, be EXEMPTED from our penal laws, particularly
those pertaining to murder?
- NO. It cannot be accommodated because there is compelling state
interest.
What are the three step questions to be asked in case a law of general
application burdens religious freedom?
1. Is there a burden on the plaintiff’s exercise of beliefs. [The belief
must be sincere.]
2. Whether there is a compelling state interest.
3. The means employes is the less intrusive.
In the case of Estrada v. Escritor, there was a Court staff allegedly violating
the admin rules for living together with a married man which brought
disgrace to the Court because such is “immoral”.
- Estrada said that she is just exercising her religious freedom because
that is valid in her religion.
- In this case, step 1, she proved certifications that it is valid. The State
has the burden to prove if the interest is compelling? Does it have a
big effect in society
- In this case, the Court held that the State failed to prove it.
In Imbong v. Ochoa, the OSG stated that the RH Law has yet to be
implemented. Thus, an action assailing it cannot prosper. Is the argument
correct?
- NO.
Is a facial challenge applicable to cases asserting violation of religious
freedom?
- YES. Religion is included in free speech. Religious freedom is an
aspect of freedom of expression.
- The Facial Challenge applies in freedom of speech.
- In facial challenge, if it has a chilling effect on freedom of expression,
you may already file a case. One cannot be exempted to wait before
the police arrests them. If the statute violates or infringes other
rights [like overbreadth].
Is compelling referral to other health medical practitioners or one who
declines to perform a reproductive health procedure on a patient despite
being conscientious objectors unconstitutional?
- YES. In Imbong v. Ochoa, when you are a conscientious objector and
you don’t want to recommend getting contraceptives, you are
required to refer the patient to another health medical practitioner.
- What is included in the freedom of expression is also freedom to be
silent.
Is depriving public health professionals the right to be conscientious
objectors in the IRR unconstitutional?
- YES. If it is not included in the law, it cannot be included in the IRR.
- It also violates the Equal Protection Clause.
Is the exception for conscientious objectors absolute? If no, what is the
exception.
- NO. Compelled when there is an emergency.
Does the RH law violate natural law and thus make it unconstitutional?
- NO. As long as it does not form part of written law, it is not treated
as a law which bears any effect to people. If it is not enacted by a
legitimate law-making body, it has no consequences on others.
--
CONSTI Guide Questions
What does “as may be provided by law” in Section 6 mean?
- There must be an explicit provision of statutory law of Rules of Court
providing for the impairment of right to travel. [Genuino v. De Lima]
Is the right to travel absolute?
- NO. The right to travel may be impaired in consideration of 1.)
national security; 2.) public safety; and 3.) public health.
Can the Court resolve the issue in Marcos vs. Manglapus?
-
Are definite propositions always part of your right to information? [Sec. 6]
- YES. However, according to Chavez vs. PCGG, such information must
pertain to definite propositions of the government. But restrictions on
disclosure of information applies to matters involving national
security, diplomatic or foreign relations intelligence and other
classified information.
What are the issues of mootness and privilege in Akbayan?
-
Is there a loophole in disclosing court deliberations?
- NO. Judicial privilege or the right of the Judiciary to confidentiality of
certain information is implied from Judicial power. This privilege
refers only to matters that are part of the internal deliberations and
actions of the Court in the exercise of their adjudicatory functions
and duties of Justices. [In Re: Production of Court Records and
Documents and the Attendance of Court Officials and Employees as
Witnesses under Subpoenas of Feb. 10, 2012 and the Various Letters of
Impeachment Prosecution Panel dated Jan 19 and 25, 2012]
Can you inquire with the trial court the details on why the marriage of a
former actress (a stranger to you) was annulled?
● NO. As per Art. 3, section 7, the scope of the right of the people to
information covers matters of public concern. It is limited to public
interest or things that directly affect the person making the request
or arouse the interest of an ordinary citizen. Hence, when the
purpose of the request is due to sheer idle curiosity such as the case
at bar, the right to information cannot be invoked. Moreover, the
situation contemplated above may also fall under the limitations of
the right when such information is deemed confidential for the
privacy of persons and certain individuals such as minors, victims of
crimes, or the accused.
ISSUES TO CONSIDER:
● Legitimate or improper purpose
● Threat of particularly serious embarrassment to the party
● If information is important to public health/safety
● If information sharing among litigants would promote fairness and
efficacy
What is usury? What is its effect if it is imposed?
- Usury, as defined in Black’s Law Dictionary, is the charging of
exorbitant and unconscionable rate of interest, higher than the
interest allowed by law. In layman’s term, it means loan sharking.
Why is it that a person who earns a decent amount of money can still be
considered an indigent?
- Because indigent and underprivileged people may be prone to abuse,
particularly by corporations and entities bent on circumventing the
rule on payment of the fees. [In Re: Query of Mr. Roger Prioreschi]
Is there a concession in AM No. 11-10-03-O?
- NO. PAO clients can’t be exempted from the payment of sheriff’s
expenses. Sheriff’s expenses are not classified as a “fee” within the
exemption granted under Section 6 of RA 9406.
However, in adherence to the constitutional mandate of free access
to courts and adequate legal assistance, the Court authorized
officials and employees of PAO to serve summons, subpoena and
other court processes under Sec. 3, Rule 14 of the Rules of Court. [In
re: Letter of PAO Chief Persida Acosta]
*Relieves clients from the burden of paying for sheriff’s expenses
despite non-exemption from payment under Sec. 6 of RA 9406
What is the difference between preliminary investigation and custodial
investigation?
- Preliminary investigation pertains to an inquiry or proceeding to
determine whether there is sufficient ground to engender a
well-founded belief that a crime has been committed and the
respondent is probably guilty thereof, and should be held for trial.
[Ladiana vs. People]
- Custodial investigation refers to any questioning initiated by law
enforcement officers after a person has been taken into custody or
otherwise deprived of his freedom of action in any significant way, It
shall include the practice of issuing an “invitation” to a person who is
investigated in connection with an offense he is suspected to have
committed. Without prejudice to the liability of the inviting officer for
any violation of law. [Miranda vs. Arizona]
What rights may be waived in Section 12?
- Right to counsel (waiver must be done in writing and in the presence
of a counsel).
- Right to remain silent.
What is “admission”?
- A statement of fact and not directly involving acknowledgment of
guilt or criminal intent to commit the offense charged (e.g. admitted
the commission of the act but without criminal intent).
- Confession, on the other hand, there is acknowledgment of guilt.
[Ladiana v. People]
Is there a difference between “counsel” in Section 12 and Section 14?
- Sec. 12 - During custodial investigation, arraignment, trial and even on
appeal, the accused is given the option to be represented by a
counsel of his choice. This pertains more aptly and specifically to a
person under investigation rather than one who is the accused in a
criminal prosecution. "Withal, the word "preferably" under Section
12(1), Article 3 of the 1987 Constitution does not convey the message
that the choice of a lawyer by a person under investigation is
exclusive as to preclude other equally competent and independent
attorneys from handling his defense. If the rule were otherwise, then,
the tempo of a custodial investigation, will be solely in the hands of
the accused who can impede, nay, obstruct the progress of the
interrogation by simply selecting a lawyer, who for one reason or
another, is not available to protect his interest. This absurd scenario
could not have been contemplated by the framers of the charter"
[Amion v. Chiongson]
- Sec. 14 - when he neglects or refuses to exercise this option during
arraignment and trial, the court shall appoint one for him. While the
right to be represented by counsel is absolute, the accused's option
to hire one of his own choice is limited. Such option cannot be used
to sanction reprehensible dilatory tactics, to trifle with the Rules or
to prejudice the equally important rights of the state and the
offended party to speedy and adequate justice. [People v. Serzo]
Can a policeman just play a recording of the Miranda Rights to comply with
due process?
- NO. Sec. 12, Art. 3 enumerates the rights of the suspects under
custodial investigation. The Constitution does not bind the
investigator to merely recite the Miranda Rights, the right of the
suspect to be informed of rights to remain silent and to counsel
carries a corresponding obligation of the investigator to explain the
rights in a sense that the suspect will understand the effects of
these rights.
Is citizenship earned?
- NO. Citizenship is acquired by birth or by naturalization. The
Philippines adhered to the principle of jus sanguinis as applied in Art.
IV, sec. 2 (1) of the 1987 Constitution.
What is exceptional in Samus?
- While it is true that an admission is inadmissible in evidence if it is
done under custodial investigation and was made without the
assistance of counsel as prohibited by Art. 3, sec. 12 (1) and (3), in
this case, the defense failed to object to its presentation during the
trial. The result is that the defense is deemed to have waived
objection to its inadmissibility. Hence, the accused- Samus cannot
raise this issue on appeal because such evidence already constitutes
a major portion of the case.
How was the law clarified in Ordono?
- Sec. 12 pars. 1 and 3 of Art. III do not cover verbal confessions of the
two accused on the radio announcer. What the Constitution bars is
the compulsory disclosure of incriminating facts or confessions. T he
rights in Sec. 12 are guaranteed to preclude the slightest use of
coercion by the state as would lead the accused to admit something
false, not prevent him from freely and voluntarily telling the truth.
[People vs Ordono]
What is bail?
- Bail is the security given for the release of a person in custody of law,
furnished by him or a bondsman, to guarantee his appearance before
any court as required under conditions specified under the Rules of
Court.
What is recognizance?
- It is a form of bail. A mode of securing the release of any person in
custody or detention for the commission of an offense who is unable
to post bail due to poverty. The court where the case of such person
has been filed shall allow the release of the accused on recognizance
as provided herein, to the custody of a qualified member of the
barangay, city or municipality where the accused resides. [RA 10389,
The Recognizance act]
What is the argument for denying bail to a potential extraditee? Was it
followed?
- As suggested by the use of the word “conviction,” the constitutional
provision on bail quoted above, as well as Section 4 of Rule 114 of the
Rules of Court, applies only when a person has been arrested and
detained for violation of Philippine criminal laws. It does not apply to
extradition proceedings because extradition courts do not render
judgments of conviction or acquittal. It is also worth noting that
before the US government requested the extradition of the
respondent, proceedings had already been conducted in that country.
But because he left the jurisdiction of the requesting state before
those proceedings could be completed, it was hindered from
continuing with the due processes prescribed under its laws. His
invocation of due process now has thus become hollow. He already
had that opportunity in the requesting state; yet, instead of taking it,
he ran away. [Govt. of US v. Purganan]
When is bail a matter of right?
- Bail is a matter of right when:
a.) Before or after conviction by the MTC;
b.) Before conviction by the RTC of an offense not punishable by
death, life imprisonment or reclusion perpetua; and
c.) Before conviction by the RTC of an offense punishable by death,
life imprisonment or reclusion perpetua provided that the evidence of
his guilt is NOT STRONG.
When is bail a matter of discretion?
- Bail is a matter of discretion upon conviction by the RTC of an
offense not punishable by reclusion perpetua, life imprisonment, or
death, the court, on application, may admit the accused to bail. The
court, in its discretion, may allow the accused to continue on
provisional liberty after the same bail bond during the period to
appeal subject to the consent of the bondsman.
When should bail be denied?
- Bail is denied when:
1.) The person is charged with a capital offense or an offense punishable
by reclusion perpetua, life imprisonment or death AND when the
evidence of guilt is strong;
2.) If the court imposes a penalty of imprisonment exceeding 6 years,
the accused shall be denied bail or the bail previously granted shall
be cancelled upon showing by the prosecution, with notice to the
accused, of the following or other circumstances:
a.) Accused is a recidivist, quasi-recidivist, or habitual delinquent,
or has committed the crime aggravated by the circumstance of
reiteracion;
b.) Accused is found to have previously escaped from legal
confinement, evaded sentence, or has violated conditions of his
bail without valid justification;
c.) Accused committed the offense while on probation, parole, or
under conditional pardon;
d.) That the circumstances of the accused or his case indicate the
probability of flight if released on bail;
e.) That there is undue risk that during the pendency of the
appeal, the accused may commit another crime.
What are the conditions of bail?
1.) Financial ability of accused;
2.) Nature and circumstance of offense;
3.) Penalty for offense;
4.) Character and reputation of accused;
5.) Probability of his appearance at trial;
6.) Age and health of accused;
7.) Weight of evidence against him;
8.) Forfeiture of other bail;
9.) Whether he was a fugitive from justice when arrested; and
10.) Pendency of other cases whether he is on bail.
When is bail cancelled?
- Bail is deemed automatically cancelled upon when:
1.) Acquittal of the accused;
2.) Dismissal of the cause;
3.) Execution of the judgement of conviction [Rules of Court, Rule 114,
Sec. 22]
What is a capital offense?
- A capital offense is an offense punishable by an afflictive penalty like
death, life imprisonment or reclusion perpetua.
Can an accused still assail the illegality of arrest if he is granted bail?
- NO. A person is in custody of law when 1.) arrested by warrant of
arrest or warrantless arrest; 2.) he voluntarily submitted himself to
jurisdiction of court by surrendering to proper authorities. Person is
estopped from assailing the illegality of arrest because by actually
posting a cash bail which is then accepted by the court, he
effectively submitted his person to the jurisdiction of the court.
[Santiago v. Vasquez]
When can a person apply for bail?
- If the person is under custody of law (arrested/detained/deprived of
freedom)
The right is available:
1.) To a person detained before formal charges are filed. The person
claiming it must be under the custody of the law either when he has
been arrested or has surrendered himself to the jurisdiction of the
court;
2.) Suspension of the privilege of the writ of habeas corpus;
3.) A witness may post bail when so required by the court to secure his
appearance in court;
4.) Even when the accused has previously jumped bail, he cannot be
denied bail before conviction because it is a matter of right;
5.) An extraditee also has the right to bail provided that there is clear
and convincing evidence showing that a.) the detainee will not be a
flight risk or a danger to the community; and b.) there exist special,
humanitarian and compelling circumstances.
What is the doctrine in the case of Paderanga?
- PADERANGA DOCTRINE - Constructive Custody of Law: The right to
bail is accorded to persons constructively arrested even though there
was no physical arrest yet. Right to bail is only extended to those
persons who have been arrested, detained, or otherwise deprived of
their freedom. An arrest is made either by actual restraint of the
arrestee or merely by his submission to the custody of the person
making the arrest. In this case, the accused falls under the latter
whom, through his lawyers expressly submitted to physical and legal
control over his person.
What is exceptional about Comendador? [See dissenting opinion. Compare
with Villavicencio vs. Lukban]
- In Comendador v. De Villa: The right to bail is available to all persons
with the exception of the military. The unique structure of the
military should be enough reason to exempt military men from the
constitutional coverage on the right to bail. Moreover, soldiers
operate within the framework of democratic system, is allowed to
use firearms by the government for the discharge of their duties. All
other insurgent elements carry out their activities outside of and
against the existing political system.
Is bail automatically granted in deportation cases?
- NO. Bail is not available in proceedings which are administrative in
nature. As a general rule, the constitutional right to bail is available
only in criminal proceedings. Hence, when an alien is detained by the
Bureau of Immigration for deportation pursuant to an order of
deportation by the Deportation Board, the RTC has no power to
release such alien on bail even in habeas corpus proceedings because
there is no law authorizing it.
- Bail in deportation cases is subject to the discretion of the
Commissioner of Immigration. [Office of the Solicitor General v. De
Castro]
What is due process in extradition. What part of the extradition process
may its benefits be availed? [Procedural due process]
- In criminal cases, the basis to grant bail is the presumption of
innocence.
- The due process that applies in extradition proceedings is procedural
due process. The twin requirements of notice and hearing constitute
essential elements of procedural due process and neither can be
eliminated without running afoul of the constitutional guarantee.
[Secretary of Justice v. Lantion]
What is the difference between the standard of due process in granting bail
in criminal cases and in extradition cases?
- Criminal cases: presumption of innocence
- Extradition: Onus probandi that person is not a flight risk and should
be granted bail
What was used in Enrile? [See dissenting opinion in Enrile and procedural
lapses pointed out by J. Leonen] [Tip: Read Purganan, GHSAR and Enrile]
- The case of Enrile was an exception to the No-Bail Rule. Bail may be
applied and granted as an exception, only upon a clear and
convincing showing:
1.) That, once granted bail, the applicant will not be a flight risk or a
danger to the community; and
2.) That there exist special, humanitarian and compelling circumstances
including, as a matter of reciprocity, those cited by the highest court
in the requesting state when it grants provisional liberty in extradition
cases therein.
Enrile’s “social and political standing and his having immediately
surrendered to the authorities upon his being charged in court
indicate that the risk of his slight or escape from this jurisdiction is
highly unlikely. The SC held that Enrile has shown respect for legal
processes which does not make him a flight risk. The SC also
considered his fragile health in justifying the grant of bail.
Dissent of J. Leonen: Nowhere in the rules of procedure that grant of
bail based on a judicial notice of a doctor’s certification is allowed
What is the hierarchy in the standard of proof?
- Proof beyond reasonable doubt - Criminal cases
- Clear and convincing evidence - Extradition cases
- Preponderance of evidence - Civil cases
- Substantial evidence - Administrative cases
Is it always required that the prosecution present evidence to convict a
person? Otherwise stated, can the prosecution’s presentation of evidence
be dispensed with? [Check Godoy as cited in Galvez]
- Presumption of innocence > alleged implied admission of guilt
- Presumption of guilt does not destroy presumption of innocence
unless the inculpating presumption, together with all the evidence or
lack of evidence/explanation is sufficient to overcome presumption
of innocence by proving guilt beyond reasonable doubt
Is the right to counsel absolute?
- YES. This right to be represented by counsel is immutable, but the
right to counsel de parte is not absolute. The court is obliged to
balance the privilege to retain a counsel of choice against the statess
and the offended partys equally important right to speedy and
adequate justice. Thus, the court may restrict the accuseds option to
retain a counsel de parte if the accused insists on an attorney he
cannot afford, or the chosen counsel is not a member of the bar, or
the attorney declines to represent the accused for a valid reason, e.g.
conflict of interest and the like. [People v. Serzo]
What is the significance of the right to be informed of the nature and cause
of accusation with double jeopardy?
- For the accused to avail himself of his conviction or acquittal for
protection against further prosecution for the same cause. [US v.
Karelsen]
- Established policy for the bench and bar:
Factual averments constituting treachery must be alleged in the
Information. Information must state the means, methods, or forms in
a manner that would enable a person of common understanding to
know what offense was intended to be charged. [People v. Solar.]
What is the difference between the speedy trial and speedy disposition of
cases?
- Right to speedy trial may only be invoked in criminal prosecution
against courts of law. [Cagang v. Sandigangbayan]
- Right to the speedy disposition of his case is not limited to the
accused in criminal proceedings but extends to all parties in all
cases, be it civil or administrative in nature, as well as all
proceedings, whether judicial or quasi-judicial. What is important is
that the accused may already be prejudiced by the proceeding for the
right to speedy disposition of cases to be invoked. [Coscolluela v.
Sandigangbayan]
Who may avail Section 14(2)?
- Those in criminal prosecutions.
Can you be convicted if you have not yet been arrested? [Relate to Section
15, Art. 3 and Section 18, Art. 7]
- NO. Sec. 15, Art. 3
What is an appropriate proceeding? [Lagman v. Medialdea]
- An appropriate proceeding" appearing on the third paragraph of
Section 18, Article VII refers to any action initiated by a citizen for the
purpose of questioning the sufficiency of the factual basis of the
exercise of the Chief Executive's emergency powers, as in these
cases. It could be denominated as a complaint, a petition, or a matter
to be resolved by the Court. [ Lagman v. Medialdea]
What is the Lansang doctrine?
- .
What are the President’s extraordinary powers?
- The President as the Commander-in-Chief wields the extraordinary
powers of: a) calling out the armed forces; b) suspending the
privilege of the writ of habeas corpus; and c) declaring martial law.
These powers may be resorted to only under specified conditions.
[Lagman v. Medialdea]
When the disposition of the case is prolonged, should the accused just wait
for the decision and immediately assert his right to a speedy disposition of
his case?
- NO. The right to speedy disposition of cases is invoked by a
respondent to any type of proceeding once delay has already become
prejudicial to the accused. The failure of the accused to invoke the
right even when he or she has already suffered or will suffer the
consequences of delay constitute a valid waiver of that right.
- As a rule, this right must be timely raised. Accused must file the
appropriate motion upon the lapse of the statutory or procedural
periods, otherwise, it would constitute as a waiver of right. [Cagang v.
Sandigangbayan]
Who may avail Section 17 and when?
Persons who may avail:
1.) The accused in a criminal case, who may refuse to take the witness
stand altogether. [Chavez v. Court of Appeals]
2.) A witness in any suit, but only relating to particular questions asked
of him in the witness stand. The questions he can refuse to answer
are those which tend to establish his participation or guilt in a
criminal act that has not yet been judicially proven. [Rule 132, Sec. 3
(4), Rules of Court]
When may it be availed?
- Criminal proceedings;
- All governmental proceedings;
- Civil actions;
- Administrative, if because of the nature of the penalty that may be
imposed the hearing partakes of a criminal proceeding;
- Legislative investigations.
Can Congress impose the death penalty?
- NO. Section 19 originally allowed the death penalty to be imposed for
compelling reasons involving heinous crimes but due to RA 9346
which prohibits its imposition, death penalty that has already been
imposed shall be reduced to reclusion perpetua.
What are trust receipts?
-
Requisites of Double Jeopardy?
- A previous case must be filed and must contain the following:
1.) A valid complaint or information;
2.) Filed before a competent court;
3.) To which defendant has pleaded;
4.) Defendant was previously acquitted or convicted or the case
dismissed or otherwise terminated without his express consent.
5.) Then a subsequent complaint or information filed containing a crime
that is:
a.) The same offense;
b.) An attempt to commit the said offense;
c.) A frustration of the said offense;
d.) Any offense which necessarily includes the first offense
charged;
What is demurrer to evidence?
- A demurrer to evidence is a motion to dismiss on the ground of
insufficiency of evidence. It is a remedy available to the defendant, to
the effect that the evidence produced by the plaintiff is insufficient
in point of law, whether true or not, to make out a case or sustain an
issue.
Is there double jeopardy when the accused moves for the dismissal of the
criminal case?
-
Criminal Procedure
Rule 117 - Motion to Quash
Section 7: Former conviction or acquittal; double jeopardy. — When an
accused has been convicted or acquitted, or the case against him
dismissed or otherwise terminated without his express consent by a court
of competent jurisdiction, upon a valid complaint or information or other
formal charge sufficient in form and substance to sustain a conviction and
after the accused had pleaded to the charge, the conviction or acquittal of
the accused or the dismissal of the case shall be a bar to another
prosecution for the offense charged, or for any attempt to commit the
same or frustration thereof, or for any offense which necessarily includes
or is necessarily included in the offense charged in the former complaint or
information.
However, the conviction of the accused shall not be a bar to another
prosecution for an offense which necessarily includes the offense charged
in the former complaint or information under any of the following
instances:
(a) the graver offense developed due to supervening facts arising from the
same act or omission constituting the former charge;
(b) the facts constituting the graver charge became known or were
discovered only after a plea was entered in the former complaint or
information; or
(c) the plea of guilty to the lesser offense was made without the consent of
the prosecutor and of the offended party except as provided in section 1 (f)
of Rule 116.
In any of the foregoing cases, where the accused satisfies or serves in
whole or in part the judgment, he shall be credited with the same in the
event of conviction for the graver offense.
Section 8: Provisional dismissal. — A case shall not be provisionally
dismissed except with the express consent of the accused and with notice
to the offended party.
The provisional dismissal of offenses punishable by imprisonment not
exceeding six (6) years or a fine of any amount, or both, shall become
permanent one (1) year after issuance of the order without the case having
been revived. With respect to offenses punishable by imprisonment of
more than six (6) years, their provisional dismissal shall become permanent
two (2) years after issuance of the order without the case having been
revived.
Rule 120 - Judgement
Section 4: Judgment in case of variance between allegation and proof. —
When there is variance between the offense charged in the complaint or
information and that proved, and the offense as charged is included in or
necessarily includes the offense proved, the accused shall be convicted of
the offense proved which is included in the offense charged, or of the
offense charged which is included in the offense proved.
Section 5: When an offense includes or is included in another. — An offense
charged necessarily includes the offense proved when some of the
essential elements or ingredients of the former, as alleged in the complaint
or information, constitute the latter. And an offense charged is necessarily
included in the offense proved, when the essential ingredients of the
former constitute or form a part of those constituting the latter.