Consti 2 Notes Final

CONSTITUTIONAL LAW government, to assign to the
several departments their

- Study of the maintenance of the proper respective powers and duties, and
balance between authority as represented to establish certain first fixed
by the three inherent powers of the State principles on which government is
and liberty as guaranteed by the Bill of founded
rights  The Constitution is not the origin of
- The true role of Constitutional law is to private rights; it is not the fountain
effect an equilibrium between authority of law nor the incipient state of
and liberty so that rights are exercised government; it is not the cause but
within the framework of the law and the the consequence of personal and
laws are enacted with due deference to political freedom (Watson)
rights
SUPREMACY OF THE CONSTITUTION
FUNDAMENTAL POWERS OF THE STATE
- The Constitution is the basic and paramount
1. Police power law to which all other laws must conform
2. Power of eminent domain
and to which all persons including the
3. Power of taxation highest officials of the land, must defer
SAFEGUARDS IN THE BILL OF RIGHTS - No act shall be valid, however noble its
intentions, if it conflicts with the
 Right to due process Constitution.
 Equal protection - The Constitution must remain supreme. All
 Prohibition against unreasonable searches must bow to the mandate of this law.
and seizures - Expediency must not be allowed to sap its
 Impairment clause strength nor greed for power debase its
 The guarantees against injustice to the rectitude.
accused
CLASSIFICATION
COMMON OBJECTIVE: Co-existence
 Written
ULTIMATE GOAL: A well-ordered society based on - One whose precepts are embodied in one
the inviolability of rights which, although they may document or set of documents
not be curtailed arbitrarily, may nevertheless be  Unwritten
regulated for the common good. - Consists of rules which have not been
integrated into a single, concrete form but
CONSTITUTION
are scattered in various sources, such as
- That body of rules and maxims in statutes of fundamental character, judicial
accordance with which the powers of decisions, commentaries of publicists,
sovereignty are habitually exercised customs and traditions, and certain
(Cooley, Constitutional Limitations) common law principles
- The written instrument enacted by direct  Conventional
action of the people by which the - An enacted constitution, formally struck off
fundamental powers of the government are at a definite time and place following a
established, limited and defined, and by conscious or deliberate effort taken by a
which those powers are distributed among constituent body or ruler
several departments for their safe and  Cumulative
useful exercise for the benefit of the body - The result of political evolution, not
politic (Justice Malcolm, Philippine inaugurated at any specific time but
Constitutional Law) changing by accretion rather than by any
- PURPOSES: systematic method
 To prescribe the permanent  Rigid
framework of a system of - One that can be amended only by a formal
and usually difficult process
CONSTITUTIONAL LAW 2 | cassielawst.blogspot.com

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 Flexible which formal changes in the fundamental
- One that can be changed by ordinary law may be brought about.
legislation - Article XVII
The Consitution of the Philippines is written, PERMANENCE OF THE CONSTITUTION

conventional and rigid.
- One of the advantage of written,
ESSENTIAL QUALITIES OF THE WRITTEN conventional and rigid constitution
CONSTITUTION - Its capacity to resist capricious or
whimsical change dictated not by
 Broad legitimate needs but only by passing
- not only provides for the organization of fancies, temporary passions or occasional
the entire government covers all persons infatuations of the people with ideas or
and things within the territory of the State personalities
but more so because it is supposed to - A Constitution must be firm and
embody the past, to reflect the present and immovable, like a mountain amidst the
to anticipate the future strife of storms or a rock in the ocean
- must be comprehensive enough to provide amidst the raging waves (Vanhorne v.
for every contingency Dorrance)
- not only the imprisonment of the past the - Not likely to be easily tampered with to suit
unfolding of the future and the fulfillment political expediency, personal ambitions or
of the present ill-advised agitation for change
 Brief - But may at the same time be a
- Must confine itself to basic principles to be disadvantage where the written
implemented with legislative details more constitution is unable to adjust to the need
adjustable to change and easier to amend for change justified by new conditions and
 Definite circumstances
- Must be clear or definite lest ambiguity in
its provisions result in confusion and INTERPRETATION
divisiveness among the people
- It should be interpreted in such a way as to
- XPN: those cases where the rules are
give effect to the intendment of the framers
deliberately worded in a vague manner
- The constitution must change with the
ESSENTIAL PARTS OF THE WRITTEN CONSTITUTION changing times lest it impede the progress
of the people with antiquated rules grown
1. Constitution of liberty ineffective in a modern age
- Consists of a series of prescriptions setting o The political or philosophical
forth the fundamental civil and political aphorism of one generation is
rights of the citizens and imposing doubted by the next and entirely
limitations on the powers of government as discarded by the third. The race
a means of securing the enjoyment of those moves forward constantly, and no
rights Canute can stay its progress.
- Article III (principally) and also in Articles II, (Justice Winslow, Borgnis v. Falk
IV, V, and XII Co.)
2. Constitution of government - the constitution should be considered self-
- Consists of a series of provisions outlining executing rather than non-self-executing,
the organization of the government as contrary rule would give the legislature
enumerating its powers, laying down discretion to determine when, or whether,
certain rules relative to its administration, they shall be effective
and defining the electorate o A self-executing provision is a rule
- Found in Article VI – XI that by itself is directly or indirectly
3. Constitution of Sovereignty applicable without need of
- Consists of the provisions pointing out the statutory implementations
mode or procedure in accordance with o A non-self-executing provision is

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one that remains dormant unless it PROCEDURE
is activated by legislative
implementation 2 Steps
- mandatory rather than directory 1. Proposal
o REASON: Otherwise, the - Generally made either by the Congress or
fundamental law would have no by a constitutional convention
more force and prestige than a set - Where what is intended is a mere
of directions which the government amendment or change of particular
and the people would be free to provision only, the proposal is better made
disregard by direct legislative action. The vote of at
o As a rule, therefore, whenever the least ¾ of all the members of the Congress
language used in the Constitution is is needed
prohibitory, it is to be understood - If what is envisioned is the overhaul of the
as intended to be a positive and entire Constitution, it will be advisable to
unequivocal negation; and entrust the task to a constitutional
whenever the language contains a convention. The call for a constitutional
grant of power, it is intended as a convention may be made by a vote of 2/3 of
mandate, not a mere direction. all the members of the Congress. If they
(Black, Constitutional Law) cannot make up their mind, the question of
- prospective rather than retrospective whether or not to call the constitutional
o XPN: the contrary is clearly convention shall be thrown by them to the
intended people themselves, by at least a majority
o REASON: otherwise, rights already vote.
acquired or vested might be unduly
ART. XVII, SEC. 2, 1987 CONSTITUTION
disturbed or withdrawn even in the
absence of an unmistakable
Amendments to this Constitution may
intention to place them within the likewise be directly proposed by the
scope of the constitution people through initiative upon a
petition of at least twelve per
AMENDMENT OR REVISION centum of the total number of
registered voters, of which every
- Change in the constitution may be effected
legislative district must be represented
by a mere modification in its interpretation by at least three per centum of the
by the courts of justice, where the registered voters therein. No
provisions of the constitution are amendment under this section shall be
ambiguously worded authorized within five years following
- Iron rules are provisions of the the ratification of this Constitution nor
oftener than once every five years
Constitution though which are not
thereafter.
malleable to judicial interpretation
- Modifications of such provisions may be The Congress shall provide for the
effected either by amendment or revision implementation of the exercise of this
right.
o Amendment
 Third method of proposal
 Isolated or piecemeal
 Not a self-executing provision
change only
 Applies only amendments not
o Revision
to a revision of the Constitution
 Revamp or rewriting of the
whole instrument

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2. Ratification jurisdiction the constitutional convention
must be considered independent and co-
ART. XVII, SEC. 4, 1987 CONSTITUTION equal with the other departments of the
government
Any amendment to, or revision of, this
Constitution under Section 1 hereof shall be JUDICIAL REVIEW OF AMENDMENTS
valid when ratified by a majority of the
votes cast in a plebiscite which shall be held - The question of the validity of the adoption
not earlier than sixty days nor later than of amendments to the Constitution is
ninety days after the approval of such regarded now as subject to judicial review
amendment or revision. - The judiciary may declare invalid a proposal
adopted by less than ¾ of the members of
Any amendment under Section 2 hereof
the Congress, or a call for a constitutional
shall be valid when ratified by a majority of
the votes cast in a plebiscite which shall be convention by less than 2/3 of the
held not earlier than sixty days nor later legislature, or a ratification made by less
than ninety days after the certification by than a majority of the votes cast, or a
the Commission on Elections of the plebiscite irregularly held
sufficiency of the petition.
THE 1987 CONSTITUTION
- the requirement for ratification involves the
- The fourth fundamental law to govern the
people themselves in the sovereign act of
Philippines since it became independent on
drafting or altering the fundamental law
July 4, 1946
- proposals to amend the Constitution must
- The Constitutions of the Philippines:
be ratified within a reasonable time after
1) Commonwealth Constitution
they are made because they are intended
 Adopted in 1935
to answer present needs or correct current
 Continued by its provisions
problems
to be operative after the
- proposals should be voted upon at a time
proclamation of the
when interest in them is still rife and the
Republic of the Philippines
electorate is still knowledgeable on the pros
2) Constitution of 1973
and cons of the issues submitted to them
 Enforced during the Marcos
- A plebiscite scheduled on the same day as
regime
the regular elections is valid
3) Freedom Constitution
POSITION OF THE CONSTITUTIONAL CONVENTION  Effective pending the
adoption of a permanent
3 Theories on the relative position of the constitution aimed at
constitutional convention vis-à-vis the regular correcting the shortcomings
departments of the government: of the previous
constitutions and
1. Theory of Conventional Sovereignty
specifically elimination all
- The constitutional convention is supreme
iniquitous vestiges of the
over the other departments of the
past regime
government because the powers it
4) 1987 Constitution
exercises are in the nature of sovereign
powers (Loomis v. Jackson)
2. Wood’s Appeal
- Considers the constitutional convention
inferior to the other departments of the
government since it is merely a creation of
the legislature
3. Frantz v. Autry
- Declares that as long as it exists and
confines itself within the sphere of its

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REQUISITES OF JUDICIAL INQUIRY
THE CONSTITUTION AND THE
COURTS 1. There must be an actual case or
controversy
- an actual case or controversy involves a
conflict of legal rights, an assertion of
VOTING opposite legal claims susceptible of judicial
adjudication
ART. VIII, SEC. 4(2), 1987 CONSTITUTION - the case must not be moot or academic or
(2) All cases involving the constitutionality based on extra-legal or other similar
of a treaty, international or executive considerations not cognizable by a court of
agreement, or law, which shall be heard by justice
the Supreme Court en banc, and all other - there must be a contratriety of legal rights
cases which under the Rules of Court are that can be interpreted and enforced on the
required to be heard en banc, including basis of existing law and jurisprudence
those involving the constitutionality, - must be one that is appropriate for judicial
application, or operation of presidential determination
decrees, proclamations, orders, - must be definite and concrete, touching the
instructions, ordinances, and other legal relations of parties having adverse
regulations, shall be decided with the legal interest
concurrence of a majority of the Members - must be a real and substantial controversy
who actually took part in the deliberations
admitting of specific relief through a decree
on the issues in the case and voted
that is conclusive in character
thereon.
- A request for advisory opinion cannot come
in the category of an actual case or
- the old rules on the declaration of
controversy since the issue raised does not
unconstitutionality covered only the “treaty
involve any conflict in law that has assumed
or law” under the 1935 Constitution and
the proportions of a full-blown dispute. But
the “treaty, executive agreement or law”
where the purpose is to solicit from the
under the 1973 Charter, the new
court a declaratory judgment involving the
Constitution includes “treaty, international
interpretation of the rights and duties of a
or executive agreement, law, presidential
person under the provisions of a deed, will,
decree, proclamation, order, instructions,
contract, or other written instrument, or a
ordinance and other regulations
statute or ordinance, the case is deemed an
- the rule on the needed vote for a
actual controversy over which the courts
declaration of unconstitutionality:
may validly assume jurisdiction.
o Commonwealth Constitution – vote
2. The question of constitutionality must be
of 2/3 of the Supreme Court
raised by the proper party
o 1973 Constitution – 10 votes
- A proper party is one who has sustained or
o 1987 Constitution – the
is in immediate danger of sustaining an
concurrence of a majority of the
injury as a result of the act complained of
Members who actually took part in
- The rule before was that an ordinary
the deliberations on the issues in
taxpayer did not have the proper party
the case and voted thereon
personality to question the legality of an
- Whereas under the two previous charters
appropriation law, since his interest in the
no less than 2/3 of the Court were needed
sum appropriated was not substantial
for a declaration of unconstitutionality, now
enough. Since the first Emergency Powers
as few as five members of the Court can
Case, however, the rule has been changed
declare a statute unconstitutional, this
and it is now permissible for an ordinary
number being a majority of the quorum of
taxpayer, or a group of taxpayers, to raise
eight of the 15-member court
the question of the validity of an

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appropriation law. constitutionality and go by the maxim “to
REASON: The transcendental importance to doubt is to sustain”
the public of these cases demands that they - the theory is that, as the joint act of the
be settled promptly and definitely, brushing legislative and executive authorities, a law
aside, if we must, technicalities of is supposed to have been carefully studied
procedure. and determined to be constitutional before
REQUISITES: it was finally enacted
(1) The character of the funds (that it is - the Court will not pass upon a constitutional
public) or other assets involved in the question although properly presented by
case the record if the case can be disposed of on
(2) The presence of a clear case of some other ground such as the application
disregard of a constitutional or of a statute of general law (Laurel v. Garcia)
statutory prohibition by the public - for reason of public policy, the
respondent agency or instrumentality constitutionality of a law cannot be
of the government collaterally attacked (PNB v. Palma)
(3) The lack of any party with a more direct - As a rule, the matter of constitutionality
and specific interest in raising the shall be considered if it is the lis mota of the
questions being raised case and argued at the earliest opportunity
- Article VII, Section 18 of the Constitution - 7 pillars of limitations of the power of
now allows any citizen to challenge the judicial review:
suspension of the privilege of the writ of (1) The Court will not pass upon the
habeas corpus or the proclamation of constitutionality of legislation in a
martial law. friendly, non-adversary proceeding
3. The constitutional question must be raised (2) The Court will not anticipate a question
at the earliest possible opportunity of constitutional law in advance of the
GR: The Constitutional question must be necessity of deciding it
raised at the earliest possible opportunity, (3) The Court will not formulate a rule of
such that if it is not raised in the pleadings, constitutional law broader than is
it cannot be considered at the trial, and if required by the precise facts to which it
not considered at the trial, it cannot be is to be applied
considered on appeal. (4) The Court will not pass upon a
XPN: constitutional question although
1.) In criminal cases, the constitutional properly presented by the record if
question can be raised at any time in there is also present some other ground
the discretion of the court. upon which the case may be disposed
2.) In civil cases, the constitutional of.
question can be raised at any stage if it (5) The Court will not pass upon the validity
is necessary to the determination of the of a statute upon complaint of one who
case itself. fails to show that he is injured by its
3.) In every case, the constitutional operation
question can be raised at any stage if it (6) The Court will not pass upon the
involves the jurisdiction of the court. constitutionality of a statute at the
instance of one who has availed himself
XPN to the XPN: where there is estoppel of its benefits.
4. The decision of the constitutional question (7) When the validity of an act of the
must be necessary to the determination of Congress is drawn in question, it is a
the case itself cardinal principle that the Court will
- the reason why the courts will as much as first ascertain whether a construction of
possible avoid the decision of a the statute is fairly possible by which
constitutional question can be traced to the the question may be avoided.
doctrine of separation of powers
- courts indulge the presumption of

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EFFECT OF A DECLARATION OF CHAPTER 4
UNCONSTITUTIONALITY
THE FUNDAMENTAL POWERS OF THE
2 Views on the effects of a declaration of the
unconstitutionality of a statute: STATE
1. Orthodox view  Inherent and do not need to be expressly

- An unconstitutional act is not a law; it conferred by constitutional provision
confers no rights; it imposes no duties; it  Supposed to co-exist with the State
affords no protection; it creates no office; it
Fundamental Powers of the State
is in legal contemplation, inoperative, as if it
had not been passed. (Norton v. Shelby 1. Police Power
County) - Power of the State to regulate liberty
2. Modern view and property for the promotion of the
- The court in passing upon the question of general welfare
constitutionality does not annul or repeal a 2. Power of Eminent Domain
statute, it simply refuses to recognize it and - Enables the State to forcibly acquire
determines the rights of the parties just as private property, upon payment of just
if such statute has no existence. compensation, for some intended
public use
GR: An unconstitutional law is void. It produces
3. Power of Taxation
no rights, imposes no duties and affords no
- The State is able to demand from the
protection. It has no legal effect. It is, in legal
members of society their proportionate
contemplation, inoperative as if it has not been
share of contribution in the
passed.
maintenance of the government
XPN:
SIMILARITIES:
Doctrine of Operative fact
1. They are inherent in the State and may be
- Applies as a matter of equity and fair play exercised by it without need of express
- The law is recognized as unconstitutional constitutional grant.
but the effects of the unconstitutional law, 2. They are not only necessary but
prior to its declaration of nullity, may be left indispensable. The State cannot continue to
undisturbed be effective unless it is able to exercise
- Applicable when a declaration of them.
unconstitutionality will impose an undue 3. They are methods by which the State
burden on those who have relied on the interferes with private rights.
invalid law 4. They all presuppose an equivalent
compensation for the private rights
PARTIAL UNCONSTITUTIONALITY interfered with.
5. They are exercised primarily by the
 Courts hesitate to declare a law totally
legislature.
unconstitutional and, as long as possible,
will salvage the valid portions thereof in DIFFERENCES
order to give effect to the legislative will.
 Requisites: 1. The police power regulates both liberty and
1. Legislature is willing to retain the valid property. The power of eminent domain
portions even if the rest of the statute and the power of taxation affect only
is declared illegal (separability clause) property rights.
2. The valid portions can stand 2. The police power and the power of taxation
independently as a separate statute may be exercised only by the government.
The power of eminent domain may be
exercised by some private entities.

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3. The property taken in the exercise of the some relevance to the public welfare
police power is destroyed because it is - May not be bargained away through the
noxious or intended for a noxious purpose. medium of a contract or even a treaty
- Dynamic, not static, and must move with
The property taken under the power of
the moving society it is supposed to
eminent domain and power of taxation is regulate
intended for a public use or purpose and is - Once exercised, it is not deemed exhausted
therefore wholesome. and may be exercised again and again, as
4. The compensation of the person subjected often as it is necessary for the protection or
to the police power is the intangible the promotion of the public welfare
altruistic feeling that he has contributed to - May sometimes use the taxing power as an
implement for the attainment of a
the general welfare. The compensation
legitimate police objective
involved in the other powers is more - Like taxation, the power of eminent domain
concrete, to wit, a full and fair equivalent of could also be used as an implement of the
the property expropriated or protection police power
and public improvements for the taxes paid. - Primarily lodged in the national legislature
- May also be exercised by the President and
LIMITATIONS administrative boards as well as the
lawmaking bodies on all municipal levels by
 May not be exercised arbitrarily, to the virtue of a valid delegation of legislative
prejudice of the Bill of Rights power
 To be construed in favor of private rights - No mandamus is available to coerce the
exercise of the police power
and against attempts on the part of the
State to interfere with them
Quasi-legislative power
 The exercise of the fundamental powers is
subject at all times to the limitations and - The authority delegated by the law-making
requirements of the Constitution and may body to the administrative body to adopt
in proper cases be annulled by the courts. rules and regulations intended to carry out
the provisions of the law and implement
legislative policy
CHAPTER 5 Tests to determine the validity of a police measure
THE POLICE POWER (1) The interests of the public generally, as

distinguished from those of particular class,
require the exercise of the police power
(2) The means employed are reasonably
DEFINITION AND SCOPE necessary for the accomplishment of the
purpose and not unduly oppressive upon
- The power of promoting the public welfare individuals
by restraining and regulating the use of
liberty and property (Professor Freund)
- Regulates not only property but, more Requisites:
importantly, the liberty of private persons,
and virtually all the people (1) Lawful Subject
- May be regarded as infinitely more - Simply means that the subject of the
important than eminent domain and measure is within the scope of the police
taxation power, that is, that the activity or property
sought to be regulated affects the public
CHARACTERISTICS welfare
- It is considered the most pervasive, least - As long as the object is the public welfare
limitable, and the most demanding of the 3 and the subject of regulation may be
powers properly related thereto, there is
- The most essential, insistent and the least compliance with the first test requiring the
limitable of powers, extending as it does “to primacy of the welfare of the many over the
all the great public needs” interests of the few
- It may be exercised as long as the activity or - The government nat enact legislation that
the property sought to be regulated has nay interfere with personal liberty,

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property, lawful businesses and persons before the court
occupations to promote the general - XPN: where it involves free speech on
welfare; however, the interference must be grounds of overbreadth or vagueness of the
reasonable and not arbitrary. statute
(2) Lawful Means
- Even if the purpose be within the scope of Facial challenge
the police power, the law will still be
annulled if the subject is sought to be - First amendment challenge
regulated in violation of the second - One that is launched to assail the validity of
requirement statutes concerning not only protected
- The end does not justify the means speech but also all other rights in the first
- The power to regulate does not include the amendment
power to prohibit nor does it include the
power to confiscate, with the exception of a
few cases where there is a necessity to
confiscate private property in order to
destroy it for the purpose of protecting CHAPTER 6
peace and order and of promoting the
general welfare EMINENT DOMAIN
Test
1.) Rational relationship test

- Laws or ordinances are upheld if they DEFINITION AND SCOPE
rationally further a legitimate governmental
interest - Also called the power of expropriation
- Usually for review of economic legislation - Described as the highest and most exact
- Requisites: idea of property remaining in the
(1) Interest of the public in general government that may be acquired for some
(2) The means employed are reasonably public purpose through a method in the
necessary for the accomplishment of nature of a compulsory sale to the State
the purpose - Being inherent, the power of eminent
2.) Strict scrutiny test domain does not need to be specifically
- The focus is on the presence of compelling, conferred on the government by the
rather than substantial, governmental Constitution
interest and on the absence of less - LIMITATION:
restrictive means for achieving that interest
ART. III, SEC. 9, 1987 CONSTITUTION
- Usually applied for laws dealing with
freedom of the mind or restricting the Private property shall not be taken
political process
for public use without just
3.) Heightened or immediate scrutiny
compensation.
- For evaluating classifications based on
gender and legitimacy - Strictly interpreted against the expropriator
4.) Overbreadth doctrine and liberally in favor of the property owner
- A proper governmental purpose,
constitutionally subject to state regulation, WHO MAY EXERCISE
may not be achieved by means that
unnecessarily sweep its subject broadly,  The power of eminent domain is lodged
thereby invading the area of protected primarily in the national legislature, but its
freedoms exercise may be validly delegated to other
- Applied when a statute needlessly restrains
governmental entities and, in fact, even to
even constitutionally guaranteed rights
5.) Void-for-vagueness doctrine private corporations
- Applicable when a penal statute encroaches  Under existing laws, the following may
upon the freedom of speech exercise the power of expropriation:
(1) The Congress
Prohibition against third party doctrine (2) The President of the Philippines
(3) The various local legislative bodies
- One is prohibited from assailing the
constitutionality of the statute based solely (4) Certain public corporations
on the violation of the rights of third (5) Quasi-public corporations

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 Essential requisites for the exercise by a  2 stages of expropriation:
local government unit of the power of 1. Determination of the validity of the
expropriation: expropriation
o Enactment of an ordinance and not 2. Determination of just compensation
a resolution  The determination of the necessity of an
o It must be for public use, purpose expropriation can only be resolved during
or welfare, or for the benefit of the the first stage of an expropriation
poor and the landless proceeding
o Its exercise must be preceded by a  Once the State decides to exercise its power
valid and definite offer made to the of eminent domain, the power of judicial
owner, who rejects the same review becomes limited in scope, and the
 Before a LGU may enter into the possession courts will be left to determine the amount
of the property sought to be expropriated, of just compensation to be paid to the
it must: affected land owners
1. file a complaint for expropriation  A court’s determination of just
sufficient in form and substance in the compensation may be set aside if tainted
proper court with grave abuse of discretion
2. deposit with the said court at least 15%
of the property’s fair market value PRIVATE PROPERTY
based on its current tax declaration
 Anything that can come under the
DESTRUCTION FROM NECESSITY dominion of man is subject to
expropriation. This will include real and
- may be validly undertaken even by private personal, tangible and intangible properties
individuals  XPN:
- The right of eminent domain is a public o Money
right; it arises from the laws of society and - Expropriation of money
is vested 9in the state or its grantee, acting would be a futile act
under the right and power of the state, or because of the requirement
benefit of the state, or those acting under of just compensation,
it. The right of necessity arises under the usually also in money
laws of society or society itself. It is the right o Choses in action
of self-defense, of self-preservation, - a personal right not
whether applied to persons or to property. reduced into possession but
It is a private right vested in every recoverable by a suit at law,
individual, and with which the right of the a right to receive, demand
state or state necessity has nothing to do. or recover a debt, demand
(American Print Works v. Lawrence) or damages on a cause of
- Cannot require the conversion of the action ex contractu or for a
property take to public use, nor is there any tort or for a tort or
need for the payment of just compensation omission of duty
- essentially conjectural both
NECESSITY OF EXERCISE
as to its validity and its
 Essentially political when decided by the value
national legislature and are usually not  Property already devoted to public use is
subject to judicial review still subject to expropriation, provided this
 But where these questions are decided by a is done directly by the national legislature
delegate only of the national legislature, the or under a specific grant of authority to the
judiciary has assumed the power to inquire delegate.
into whether the authority conferred upon  Property subject of expropriation must be
such delegate has been correctly or by its nature or condition wholesome, as it
properly exercised by it. is intended to be devoted to a public use

10
TAKING disposing of it or otherwise dealing with it;
neither will the mere passage of an
- As commonly understood, taking imports a ordinance authorizing expropriation. The
physical dispossession of the owner and is expropriator can enter the said property
thus deprived of all beneficial use and only after expropriation proceedings are
enjoyment of his property. In law however, actually commenced and the deposit
taking may include trespass without actual required by law is duly made.
eviction of the property or prevention of - The owner does not need to file the usual
the ordinary uses for which the property claim for recovery of just compensation
was intended with the COA if the government takes over
- Not every taking is compensable, as it may his property and devotes it to public use
be justified under police power aimed at without benefit of expropriation. He may
improving the general welfare. Whatever immediately file a complaint with the
damages are sustained by the property
proper court for payment of his property
owners are regarded as merely incidental to as the arbitrary action of the government
a proper exertion of such power. The losses shall be deemed a waiver of its immunity
sustained are in the nature of damnun
from suit.
absque injuria. The only recompense
available to the owner is the altruistic PUBLIC USE
feeling that they have somehow, by their
sacrifice, contributed to the well-being of - Any use directly available to the general
the people in general. This rule is valid as public as a matter of right and note merely
long as the prejudice suffered by the of forbearance or accommodation
individual property owner is shared in - Where the expropriated property is
common with the rest of the community converted into a res communes, and, as
- Compensable taking includes destruction, such, is subject to direct enjoyment by any
restriction, diminution, or interruption of and all members of the public
the rights of ownership or of the common indiscriminately
- There will also be a public use involved even
and necessary use and enjoyment of the
property in a lawful manner, lessening or if the expropriated property is not actually
destroying its value. It is neither necessary acquired by the government but is merely
that the owner be wholly deprived of the devoted to public services administered by
use of his property, nor material whether privately-owned public utilities
the property is removed from the - It does not matter whether the direct use of
possession of the owner, or in any respect the expropriated property by the public for
changes hands. free or for fee. The important thing is that
- Requisites of taking in eminent domain: any member of the general public, as such,
1. The expropriator must enter a private can demand the right to use the converted
property property for his direct and personal
2. The entry must be for more than a convenience.
- Cover uses which, while not directly
momentary period.
3. The entry must be under warrant or available to the public, redound to their
color of legal authority indirect advantage or benefit
4. The property must be devoted to public JUST COMPENSATION
use or otherwise informally
appropriated or injuriously affected - a full and fair equivalent of the property
5. The utilization of the property for public taken from the private owner by the
use must be in such a way as to oust the expropriator
owner and deprive him of beneficial - intended to indemnify the owner fully for
enjoyment of the property the loss he has sustained as a result of the
- Mere notice of the intention to expropriation
expropriate a particular property does not - the measure of this compensation is not the
bind its owner and inhibit him from taker’s gain but the owner’s loss

11
- the compensation, to be just, must be fair clearly a judicial function. Any
not only to the owner but also to the determination which may be made by any
expropriator administrative body on the value of
- where the entire property is not expropriated land would be at best
expropriated, there should be added to the preliminary and should not be considered
basic value of the owner’s consequential as conclusive upon the landowner or any
damages after deducting therefrom the other interested party.
consequential benefits arising from the - The property taken should be assessed as of
expropriation. If the consequential benefits the time of the taking, which usually
exceed the consequential damages, these coincides with the commencement of the
items should be disregarded altogether as expropriation proceedings. Where entry
the basic value of the property should be precedes the filing of the complaint for
paid in every case. expropriation, the assessment should be
- The basic or market value of the property is made as of the time of the entry. Where the
the price that may be agreed upon by institution of action precedes entry into the
parties willing but not compelled to enter property, the just compensation is to be
into a contract of sale ascertained as of the time of the filing of
- Just compensation simply means the the complaint.
property’s fair market value at the time of - Criteria for determining just
the filing of the complaint, or that sum of compensation:
money which a person desirous but not o Value of the land and its character
compelled to buy, and an owner willing but at the time it was taken by the
not compelled to sell, would agree on as government
price to be given and received therefor. o Actual use and not potential use of
- This market value is not limited to the the property expropriated at the
assessed value of the property or to the time of its taking
schedule of market values determined by - Just compensation is to be determined on
the provincial or city appraisal committee. the basis of the value of the land
While market value may be one of the expropriated at the time of the taking, not
bases of determining just compensation, at the time of the rendition of judgment.
the same cannot be arbitrarily arrived at The time of taking is the time when the
without considering the factors to be landowner was deprived of the use and
appreciated in arriving at the FMV of the benefit of his property.
property. - The owner is entitled to payment of
- Consequential damages consist of injuries interest from the time of the taking until
directly caused on the residue of the private just compensation is actually paid to him.
property taken by reason of the Interest must be claimed, however, or are
expropriation. Consequential benefits, like deemed waived.
consequential damages, must be direct and - REASON: to ensure prompt payment of
particular and nor merely shared with the the value of the land and to limit the
rest of the properties in the area. opportunity loss of the owner that can
- No actual taking of the building is necessary drag from days to decades
to grant consequential damages. - The constitutional limitation of just
Consequential damages are awarded if as a compensation is considered to be the sum
result of the expropriation, the remaining equivalent to the market value of the
property of the owner suffers from property, broadly described to be the price
impairment or decrease in value. (RP v. BPI) fixed by the seller in open market in the
- Just compensation for the crops and usual and ordinary course of legal action
improvements is inseparable from the and competition or the fair value of the
valuation of the raw lands as the former are property as between one who receives,
part and parcel of the latter. and one who desires to sell, it fixed at the
- The determination of just compensation is time of the actual taking of the

12
government. Thus, if property is taken for action for payment of just compensation
public use before compensation is and may not sue for ejectment. (Republic
deposited with the court having v. Mendoza)
jurisdiction over the case, the final - Title to the property shall not be
compensation must include interests on its transferred until after actual payment of
just value to be computed from the time just compensation is made to the owner.
the property is taken to the time when
compensation is actually paid or
deposited.
CHAPTER 7
- Prompt payment of just compensation is
not satisfied by mere deposit with any
TAXATION
accessible bank of the provisional
compensation determined by it or by the NATURE
DAR, and its subsequent release to the
landowner after compliance with the legal  Taxes are the enforced proportional
requirements set by RA 6657. (Land Bank contributions from persons and property,
of the Philippines v. Heirs of Puyat) levied by the State by virtue of its
- Landowners would not be entitled to sovereignty, for the support of government
interest on the final compensation if the and for all public needs. Taxation is the
expropriator deposits the compensation method by which these contributions are
for their lands after their rejection of its exacted.
initial valuation. (LBP v. Escandor)  The importance of taxation derives from
- Interest of 12% per annum on the just the unavoidable obligation of the
compensation is due the landowner in case government to protect the people and
of delay in payment, which will, in effect, extend to them benefits in the form of
make the obligation on the part of the public projects and services. In exchange for
government one of forbearance. On the these, the people are subjected to the
other hand, interest in the form damages reciprocal duty of sharing the expenses to
cannot be imposed where there is prompt be incurred therefor through the payment
and valid payment of just compensation. by them of taxes.
Interest on just compensation is assessed  The obligation to pay taxes is not based on
only in case of delay in the payment contract. It is a duty imposed upon the
thereof, a fact which must be adequately individual by the mere fact of his
proved. (LBP v. Chico) membership in the body politic and his
- Neither laches no prescription may bar a enjoyment of the benefits available from
claim for just compensation for property such membership.
taken for public use.  Nonpayment of taxes may be the subject of
- Taxes paid from the time of the taking until criminal prosecution and punishment since
the transfer of title, during which one did an accused cannot invoke the prohibition
not enjoy any beneficial use of the against imprisonment for debt as taxes are
property, are reimbursable by the not considered debts.
expropriator.  Neither may estoppel be invoked against
- If the landowner agrees voluntarily to the the matters on taxation
taking of his property by the government  Taxes are the nation’s lifeblood through
for public use, he waives his right to the which government agencies continue to
institution of a formal expropriation operate and with which the Sate discharges
proceeding covering such property. His its functions for the welfare of its
failure to question for a long period the constituents. (Secretary of Finance v. Oro)
failure of the government to institute  Taxes are distinguished from licenses in the
expropriation proceedings constitutes a sense that the former are levied to raise
waiver of his right to regain possession of revenues whereas the latter are imposed
his property. His remedy would be an for regulatory purposes only.

13
 The term tax frequently applies to all kinds ART. X, SEC. 5, 1987 CONSTITUTION
of exactions of monies which become public
funds. It is often used to include levies for Each local government unit shall have the
revenue as well as levies for regulatory power to create its own sources of revenues
purposes. and to levy taxes, fees, and charges subject
 If the generating or revenue is the primary to such guidelines and limitations as the
purpose and regulation is merely incidental, Congress may provide, consistent with the
the imposition is a tax; but if regulation is basic policy of local autonomy. Such taxes,
the primary purpose, the fact that fees, and charges shall accrue exclusively to
incidentally revenue is also obtained does the local governments.
not make the impositions a tax.
 GR: there must be a statutory grant for a
SCOPE local government unit to impose lawfully a
tax, that unit not having the inherent power
 So pervasive is the power of taxation that it
of taxation
reaches even the citizen abroad and his
XPN: no applicable where what is involved
income earned from sources outside his
is an exercise of, principally, the regulatory
State.
power of the LGU and where that
 In other case, all income earned in the
regulatory power is expressly accompanied
taxing State, whether by citizens or aliens,
by the taxing power.
and all immovable and tangible personal
 Subject to the discretion of the legislature,
property owned by persons domiciled
however it may be reversed when it violates
therein, are subject to its taxing power.
the due process and equal protection
 The power to tax may include the power to
clauses or the particular restrictions on the
destroy if it is used validly as an implement
power of taxation as prescribed in Art. VI,
of police power in discouraging and in
Sec. 28 of the Constitution.
effect ultimately prohibiting certain things
or enterprises inimical to the public welfare. DUE PROCESS AND TAXATION
 But where the power to tax is used solely
for the purpose of raising revenues, the  Like all government powers, taxation is
modern view is that it cannot be allowed to subject to the requirements of due process.
confiscate or destroy. If this is sought to be  Taxes will not be allowed if they are
done, the tax may be successfully attached confiscatory, except where they are
as an inordinate and unconstitutional intended precisely for destruction as an
exercise of the discretion that is usually instrument of the police power.
vested exclusively in the legislature in  GR: Due process does not require previous
ascertaining the amount of the tax. notice and hearing before a law prescribing
fixed or specific taxes on certain articles
EXERCISE may be enacted.
XPN: Where the tax to be collected is to be
 Inherent in the state
based on the value of the taxable property,
 Primarily vested in the national legislature ,
the taxpayer is entitled to be notified of the
it may now also be exercised by the local
assessment proceedings and to be heard
legislative bodies, no longer by virtue of a
therein on the correct valuation to be given
valid delegation but pursuant to a direct
the property.
authority conferred by Article X, Section 5
of the Constitution. EQUAL PROTECTION AND TAXATION
ART. VI, SEC. 28(1), 1987 CONSTITUTION
The rule of taxation shall be uniform and

equitable. The Congress shall evolve a
progressive system of taxation.

14
Uniformity TAX EXEMPTIONS
- Persons or things belonging to the  Taxation is the rule and exemption is the
same class shall be taxed at the same exception. The burden of proof rests upon
rate the party claiming exemption to prove that
it is, in fact, covered by the exemption so
Equality
claimed.
- Tax shall be strictly proportional to the  Tax exemptions are construed strongly
relative value of the property against the claimant. Exemptions must be
shown to exist clearly and categorically, and
Requisites of valid classification: support by clear legal provision.
 Where the tax exemption is granted
1. The standards that are used therefor
gratuitously, it may be validly revoked at
are substantial and not arbitrary
will, with or without cause. But if the
2. The categorization is germane to
exemption is granted for valuable
achieve the legislative purpose
consideration, it is deemed to partake of
3. The law applies, all things being equal,
the nature of a contract and the obligation
to both present and future conditions
thereof is protected against impairment.
4. The classification applies equally well
 2 kinds of tax exemption
to all those belonging to the same
1. Constitutional exemption
class
ART. VI, SEC. 28(3), 1987
Equitable CONSTITUTION
- Connotes that taxes should be Charitable institutions, churches,

apportioned among the people and parsonages or convents
according to their capacity to pay appurtenant thereto, mosques,
non-profit cemeteries, and all
DOUBLE TAXATION
buildings, and improvements
- When additional taxes are laid on the actually, directly, and exclusively
same subject by the same taxing used for religious, charitable or
jurisdiction during the same taxing period educational purposes shall be
and for the same purpose exempt from taxation.
- There is no provision in the Constitution
o Exemption is granted to
specifically prohibiting double taxation
religious and charitable
- Despite the lack of a specific prohibition,
institutions because they give
however, double taxation will not be
considerable assistance to the
allowed if it results in a violation of the
State in the improvement of the
equal protection clause
morality of the people and the
PUBLIC PURPOSE care of the indigent and the
handicapped
 To sustain a tax, it is necessary to show o Intended to make it easier for
that the proceeds are devoted to a public these institutions to pursue
purpose laudable objectives without the
 Revenues derived from taxes cannot be impediment of taxes that they
used for purely private purposes or for the otherwise would have to
exclusive benefit of private persons shoulder
 The mere fact that the tax will be directly o Requires that the lands,
enjoyed by a private individual does not buildings or improvements be
make it invalid so long as some link to the directly, actually and exclusive
public welfare is established devoted to religious, charitable,
or educational purposes to be
entitled to exemption

15
o The exemption referred only to  King Edward III’s Statute 28 in 1355
property taxes imposed on “No man, of what state or condition
lands, buildings and whoever he be, shall be put out of his lands,
improvements used for such or tenements, nor taken, nor imprisoned,
purposes nor indicted, nor put to death, without he be
brought in to answer by due process of law”
ART. XIV, SEC. 4(3), 1987 CONSTITUTION
LAW OF THE LAND
(3) All revenues and assets of non-
- The general law, a law which hears before it
stock, non-profit educational
institutions used actually, directly, and condemns which proceeds upon inquiry and
exclusively for educational purposes renders judgment only after trial. (Daniel
shall be exempt from taxes and duties. Webster, Dartmouth College Case)
Upon the dissolution or cessation of
the corporate existence of such DUAL ASPECT OF DUE PROCESS: Substantive and
institutions, their assets shall be Procedural
disposed of in the manner provided by
law. DUE PROCESS CLAUSE
“No person shall be deprived of life, liberty

Proprietary educational institutions,
including those cooperatively owned, or property without due process of law.”
may likewise be entitled to such
- No attempt was made to spell out the exact
exemptions, subject to the limitations
provided by law, including restrictions meaning or define the concept with some
on dividends and provisions for degree of exactitude
reinvestment. - REASON: A precise definition of due
process might prove constricting and
2. Statutory exemptions prevent the judiciary from adjusting it to
- Granted in the discretion of the the circumstance of particular cases and to
legislature the ever-changing conditions of society
- Continues to be dynamic and resilient,
ART. VI, SEC. 28(4), 1987 CONSTITUTION adaptable to every situation calling for its
application
No law granting any tax exemption - The Court prefers to have the meaning of
shall be passed without the the phrase gradually ascertained by the
concurrence of a majority of all the process of inclusion and exclusion in the
Members of the Congress.
course of the decisions of cases as they
arise
REASON: Tax exemptions should not be lightly
- Responsiveness to the supremacy of
extended since they will represent a loss of revenue
reason, obedience to the dictates of justice
to the government.
(Jus. Fernando)
- A guaranty against any arbitrariness on the
part of the government, whether
committed by the legislature, the executive,
CHAPTER 8
or the judiciary.
DUE PROCESS OF LAW - Examples of violation of due process:
 The law itself unreasonably
ORIGIN OF DUE PROCESS deprives a person of his life or his
liberty or his property
 Magna Carta in 1215  The enjoyment of rights is
“No man shall be taken or imprisoned or conditioned on an unreasonable
dessiezed or outlawed or in any manner requirement
destroyed; nor shall we go upon hi, nor send  Unjustified withholding of a right
upon him, but by the lawful judgment of his  Any government act that militates
peers or by the law of the land”

16
against the ordinary norms of case of tax delinquency of its owner
justice or fair play - Examples of unlawful deprivation:
 A person sentenced to death for
PERSON conviction of a petty offense
- Due process protects all persons, natural  Execution of persons mentally or
and artificial physically handicapped to improve
- Artificial person are also covered by the or preserve the beauty and vitality
protection but only insofar as their of the race
property is concerned  A person is imprisoned without trial
o REASON: The life and the liberty of  A person is prevented from
the artificial person, as a creature of criticizing the government
law, are derived from and therefore  A person is forced to follow a
subject to the control of the particular religion
legislature  Destruction of one’s property even
if it is not noxious or intended for a
DEPRIVATION noxious purpose
 Taking of property without just
- To deprive is to take away forcibly, to
compensation
prevent from possessing, enjoying or using
 Regulating one’s property in such
something
an arbitrary manner as to deprive
- Connotes denial of the right to life, liberty
him of its lawful enjoyment
or property
 Prohibiting the construction on
- Deprivation per se is not necessarily
residential land of any building that
unconstitutional. What is prohibited is the
might obstruct the view of the
deprivation of life, liberty or property
public plaza from the highway
without due process of law
- Examples of valid deprivation: LIFE
 When a person is required to render
services in defense of the State - Connotes the integrity of the physical
 when a person’s life is declared person
forfeited for commission of a heinous - It is not permissible for the government to
offense deprive the individual of any part of his
 a person afflicted with a communicable body
disease is confined in a hospital or - Any measure that would even only
quarantined in his own home endanger his health or subject him to
 a criminal punished with imprisonment unnecessary pain or to unreasonable
 prohibition on the carrying of physical exertion, would also be subject to
unlicensed firearms challenge
 prohibition on minors to drink - Embraces the enjoyment by the individual
intoxicating beverages of all the God-given faculties that can make
 requiring individuals to first pass the his life worth living
corresponding government - Included in the guaranty:
examinations before they may practice  Right to give full rein to all his
their professions natural attributes
 property taken because it is offensive to  To expand the horizons of his mind
the public welfare  To widen the reach of his
 a building on the verge of collapse is capabilities
demolished under the police power in  To enhance those moral and
the interest of the public safety spiritual values that can make his
 property expropriated after payment of life more meaningful and rewarding
just compensation so it may be devoted
LIBERTY
to some public use
 property distrained and levied upon in - Liberty is the freedom to do right and never

17
wrong (Mabini) his life, liberty or property
- Liberty guaranteed under the due process - Whether or not the law is a proper exercise
clause is not unbridled license but liberty of legislative power
regulated by law - The law must have a valid governmental
- A person is free to act but he may exercise objective and must be pursued in a lawful
his right only in such manner as not to manner
injure the rights of others
- One’s own liberty must be enjoyed PROCEDURAL DUE PROCESS
consistently with the enjoyment of a lie - “Strike, but hear me first!” (Themistocles to
liberty by other Eurybiades)
- The individual, as a creature of society, - one which hears before it condemns, which
should be prepared to surrender part of his proceeds upon inquiry and renders
freedom for the benefit of the greater good judgment only after trial (Daniel Webster)
- Salus populi est suprema lex - the twin requirements of notice and
- Subject only to the reasonable restrictions hearing constitute the essential elements
of the law, a person is free to do as he of due process and neither of these
pleases elements can be eliminated without
- Do anything that does not offend public running afoul of the constitutional guaranty
welfare - Requisites of Procedural Due Process:
- Examples: o Competent and impartial court
 One’s freedom of expression o Jurisdiction over the subject matter
cannot be used to unfairly destroy o Hearing
another’s reputation, or to incite o Judgement based upon lawful
rebellion, or to offend public morals hearing previously conducted
 Abuse of the sanctity of home by
converting it into a den of Competent Court
criminality or a hotbed of disease
- one vested with jurisdiction over a case as
PROPERTY conferred by law
- Anything that can come under the right of JURISDICTION

ownership and be the subject of contract
- the power of the court to take cognizance
- Includes all things that are within the
and decide a case
commerce of man
A. Actions in personam
- Includes: real, personal, tangible and
1. Over the defendant – acquired by the
intangible
court upon his voluntary appearance or
- One cannot have a vested right to a public
through service of summons upon him
office as this is not regarded as property
o may be effected personally or by
XPN: salary already earned
substitute service, or in exceptional
REASON FOR THE EXCEPTION: salary that
cases, by publication
has already accrued is a property right
B. Actions in rem or quasi in rem
- Mere privileges are not property rights and
- Derived from the power it may exercise
are therefore revocable at will
over the property
- One does not have a vested property right
- Jurisdiction over the person is not
in the continued operation of law
essential, provided the relief granted by the
REASON: may be repealed or amended at
court is limited to such as can be enforced
will by legislature, or in the maintenance of
against the property itself
a judicial doctrine, which may be modified
- GR: Property is always presumed to be in
or reversed in the discretion of the SC
the possession of the owner or his agent,
SUBSTANTIVE DUE PROCESS who may be safely held under certain
conditions to know that proceedings have
- Requires the intrinsic validity of the law in been instituted against it
interfering with the rights of the person to

18
HEARING Right to appeal
- Notice to a party is essential to enable it to - Not essential to the right to a hearing

adduce its own evidence and to meet and - May be allowed or denied by the legislature
refute the evidence submitted by the other in its discretion
part XPN: when guaranteed by the Constitution
- Every litigant is entitled to his day in court - The requirements of due process are
- Every litigant has a right to be notified of deemed satisfied as long as the litigant is
every incident of the proceeding and to be given his day in court at the trial of his case,
present at every stage thereof so that he and he cannot demand as a matter of right
may be heard by himself and counsel for another day in the appellate court
the protection of his interest - But as long as the law allows him to appeal,
- A decision rendered without hearing is null denial of the remedy is denial of due
and void ab initio and may be attacked process
directly or collaterally (David v. Aquilizon)
When can notice and hearing be omitted without
- No party should be made to suffer in person
or property without being given a hearing violating the due process?
- The law does not require another notice  Cancellation of the passport of a person
and hearing for a review of the decision of sought for the commission of a crim
the board of special inquiry on the basis of  Preventive suspension of a civil servant
evidence previously presented (Caoile v. facing administrative charges
Vivo)  Distraint of properties for tax delinquency
- Due process is not violated where a person  Padlocking of restaurants found to be
is not heard because he has chosen, for unsanitary or of theaters showing obscene
whatever reason, not to be heard. If he opts movies
to be silent where he has a right to speak,  Abatement of nuisances
he cannot later be heard to complain that
he was unduly silenced. Nuisance per se
Zaldivar v. Sandiganbayan, 166 SCRA 316 - Objectionable under any and all
circumstance because it presents an
Due process as a constitutional precept does immediate danger to the welfare of the
not, always and in all situations, require trial-type community
proceedings. The essence of due process is to be - May be abated summarily
found in the reasonable opportunity to be heard and
to submit any evidence one may have in support of Nuisance per accidens
one’s defense. “To be heard” does not only mean - Objectionable only under some but not all
verbal arguments in court. One may be heard also circumstance, there being situations when
through pleadings. Where opportunity to be heard, it is perfectly legitimate and acceptable
either through oral arguments or pleadings, is - The right thing in the wrong place
accorded, there is no denial of due process. - May be abated only upon judicial
authorization
Right of confrontation - XPN: legislature has authorized its summary
abatement, provided the nuisance per
- Does not necessarily mean a physical face-
accidens is of trifling value only
to-face confrontation of the adversaries in
the court Presumption
- Merely means the right to be given an
opportunity to cross-examine and this right - GR: presumption are not deemed violative
of course can be done through the parties’ of due process
counsel - Provided:
o there is a rational or natural

19
connection between the fact CHAPTER 9
proved and the fact ultimately
presumed from such fact EQUAL PROTECTION
o based on human experience
ARTICLE III, SECTION 1, 1987 CONSTITUTION
Judgment
No person shall be deprived of life, liberty or
- to insure against arbitrariness, due process
property without due process of law, nor shall any
requires that judgment be based upon the
person be denied the equal protection of laws.
lawful hearing previously conducted
ARTICLE VIII, SEC. 14, Constitution PURPOSE: to provide for a more specific guaranty
No decision shall be rendered by any court against any form of undue favoritism or hostility
without expressing therein clearly and distinctly from the government
the facts and the law on which it is based. EQUAL PROTECTION CLAUSE
No petition for review or motion for - Also couched in indefinite language to
reconsideration of a decision of the court shall be provide for more adjustability to the swiftly
refused due course or denied without stating the moving facts of our changing society
legal basis therein. - Simply requires that all persons or things
Requisites of Procedural Due Process in similarly situated should be treated alike,
Administrative Proceedings both as to rights conferred and
1. right to hearing which includes the right to responsibilities imposed
present one’s case and submit evidence in - Substantive equality is not enough, it is also
support required that the law be enforced and
2. the tribunal must consider the evidence applied equally
presented
PERSONS PROTECTED
3. the decisions must have something to
support itself - Available to all persons; artificial persons,
4. the evidence must be substantial however, are entitled only insofar as their
5. the decision must be rendered on the property is concerned
evidence presented at the hearing or at - By constitutional reservation, certain rights
least contained in the record and disclose to are enjoyed only by citizens
the parties affected
6. the tribunal or body or any of its judges CLASSIFICATION
must act on its or his own independent
- The grouping of persons or things similar to
consideration of the law and facts of the
each other in certain particulars and
controversy and not simply accept the
different from all others in these same
views of a subordinate in arriving at a
particulars
decision
- The equal protections clause does not
7. the board or body should, in all
require that it operates on all people
controversial questions, render its decision
without distinction, what it requires is
in such a manner that the parties to the
equality among equals
proceeding can know the various issues
- The legislature is allowed to classify the
involved, and the reason for the decision
subject of legislation, if the classification is
rendered
reasonable
REQUIREMENTS FOR REASONABLE

CLASSIFICATION
1. It must be based upon substantial

distinction
- Superficial differences do not make for a

20
valid classification whether accused of crime or not
2. It must be germane to the purpose of the - Artificial persons are also entitled to the
law guaranty, although they may be required to
3. It must not be limited to existing open their books of accounts for
conditions only examination by the State in the exercise of
- the classification must be enforced not only the police power or the power of taxation
for the present but as long as the problem - GR: Premises may not be searched nor may
sought to be corrected continues to exist their papers and effects seized except by
- classification, to be reasonable, should be in virtue of a valid warrant
terms applicable to future conditions as - Personal, may be invoked only by the
well person entitled to it
4. It must apply equally to all members of the - Extends not only to the privacy of one’s
class home but also to his office or business
- the mere fact that an individual belonging establishment, including the papers and
to a class differs from the other members, effects that may be found there
as long as that class is substantially
distinguishable from all others, does not REQUISITES OF A VALID WARRANT
justify the non-application of the law to him 1. It must be based upon probable cause
- Probable cause
 Such facts and circumstances
CHAPTER 10 antecedent to the issuance of the
warrant that in themselves are
SEARCHES AND SEIZURE sufficient to induce a cautious man to
rely on them and act in pursuance
ARTICLE III, SECTION 2, 1987 CONSTITUTION thereof
 Consists of a reasonable ground of
The right of the people to be secure in their suspicion supported by circumstances
persons, houses, papers, and effects against
sufficiently strong in themselves to
unreasonable searches and seizures of
warrant a cautious man in believing
whatever nature and for any purpose shall be
accused to be committing the offense
inviolable, and no search warrant or warrant of
or to be guilty of the offense
arrest shall issue except upon probable cause to
be determined personally by the judge after  The knowledge of facts, actual or
examination under oath or affirmation of the apparent, strong enough to justify a
complainant and the witnesses he may produce, reasonable man in the belief that he
and particularly describing the place to be has lawful grounds for prosecuting
searched and the persons or things to be seized. defendant in the manner complained
of, the concurrence of facts and
circumstances reasonably warranting
ARTICLE III, SECTION 3, 1987 CONSTITUTION
the belief
(1) The privacy of communication and  Such facts and circumstances which
correspondence shall be inviolable except would lead a reasonably discreet and
upon lawful order of the court, or when prudent man to believe that an offense
public safety or order requires otherwise, as has been committed and that the
prescribed by law. objects sought in connection with the
offenses are in the place sought to be
(2) Any evidence obtained in violation of this searched
or the preceding section shall be
- The warrant must refer to only one specific
inadmissible for any purpose in any
proceeding. offense and must have been first issued
before the search or seizure
2. The probable cause must be determined
SCOPE OF PROTECTION
personally by the judge
- Available to all persons, including aliens, - Issuing of the warrant of arrest is not a

21
ministerial function of the judge who had should be drawn in such a manner that the
the right to determine for himself the affiant could be charged with perjury if the
existence of probable cause allegations contained therein are found to
- Does not necessarily mean that the be untrue
Constitution requires the judge to - The Constitution requires no less than
personally examine the complainant and his personal knowledge by the complainant or
witnesses in his determination of probable his witnesses of the facts upon which the
cause, what the Constitution underscores is issuance of a search warrant may be
the exclusive personal responsibility of the justified
issuing judge to satisfy himself of the - Mere affidavits of the complainant and his
existence of probable cause witnesses are not enough to sustain the
- He shall personally evaluate the report and issuance of a search warrant. The judge
the supporting documents submitted by the must take depositions in writing attach
fiscal regarding the existence of probable them to the record as these are necessary
cause and on the basis thereof, issue a to enable the court to determine the
warrant of arrest existence of probable cause
- If on the basis thereof he finds no probable 4. It must particularly describe the place to
cause, he may disregard the fiscal’s report be searched and the persons or things to
and require the submission of supporting be seized
affidavits of witnesses to aid him in arriving - Ideally, the person sought to be seized
at a conclusion as to the existence of should be identified
probable cause - XPN: if there is some description personae
- The judge should not rely on the that will enable the officer to identify the
recommendations alone of the prosecutor accused
but must independently arrive at his own - A description of a place to be searched is
conclusion based not only on the bare sufficient if the officer with the warrant can,
report of the prosecutor but also on other with reasonable effort, ascertain and
relevant documents identify the place intended
- Warrants may be issued by administrative - Where by the nature of the articles to be
authorities only for the purpose of carrying seized their description must be rather
out a final finding of a violation of law and general, it is not required that a technical
not for the sole purpose of investigation or description be given
prosecution - Only articles particularly described in the
3. The determination must be made after warrant can be seized, and no other
examination under oath or affirmation of property can be taken thereunder unless it
the complainant and the witnesses he may is prohibited by law
produce
PROPERTIES SUBJECT TO SEIZURE
RULE 126, SEC. 4, RULES OF COURT
1. Property subject of the offense
A search warrant shall not issue except 2. Property stolen or embezzled and other
upon probable cause in connection with
proceeds or fruits of the offense
one specific offense to be determined
personally by the judge after examination 3. Property used or intended to be used as the
under oath or affirmation of the complainant means of committing an offense
and the witnesses he may produce, and
particularly describing the place to be
searched and the things to be seized which  The return of these goods, even if
may be anywhere in the Philippines. illegally seized, may not be ordered by
the court.
- The evidence offered by the complainant
and his witnesses should be based on their
own personal knowledge and not on mere
information or belief. Hearsay is not
allowed.
- The affidavits, to be considered sufficient,

22
ADMISSIBILITY OF ILEGALLY SEIZED EVIDENCE confinement to another
- A warrantless search incidental to a lawful
ARTICLE III, SECTION 3(2), 1987 CONSTITUTION arrest may be made only within the
permissible area of search, or the place
(2) Any evidence obtained in violation of within the immediate control of the person
this or the preceding section shall be being arrested
inadmissible for any purpose in any - When an officer is justified in believing that
proceeding.
the individual whose suspicious behavior he
is investigating at close range is presently
 The fruit of the poisonous tree
dangerous to the officer or to others, he
 Reason for inadmissibility: If the
may conduct a limited protective search for
applicant for a search warrant has
concealed weapons.
competent evidence to establish
- Purpose of limited protective search: To
probable cause of the commission of a
allow the officer to pursue his investigation
given crime by the party against whom
without risk of violence.
the warrant is intended, then there is
- An arrest may also be made without
no reason why the applicant should not
warrant where the right thereto is waived
comply with the requirement of the
by the person arrested, provided he knew
fundamental law
of such right and knowingly decided not to
 If the said property is the subject of
invoke it. (EXPRESS INFORMED WAIVER)
litigation, it will remain in custodia legis
But no waiver is to be presumed where the
 Although evidence illegally seized is
person merely submits to the arresting
inadmissible for any purpose in any
officer in manifestation of his respect for
proceeding it may nonetheless be used
authority or where he allows entry into his
in the judicial or administrative action
home as a sign of hospitality and politeness.
that may be filed against the officer
- Searches and seizure without warrant of
responsible for its illegal seizure
vessels and aircraft for violation of custom
 Where the accused did not raise the laws have been the traditional exception to
issue of the inadmissibility of the
the constitutional requirement because the
evidence against him, such omission
vessel can moved out of the locality or
constituted a waiver of the protections jurisdiction in which the search must be
granted by this section sought before the warrant could be secured.
The same rule has been applied to land
vehicles.
WARRANTLESS SEARCHES AND SEIZURE - Prohibited articles within plain view, “open
to eye hand” of the law-enforcement officer
Instances when a peace officer or even a private
who comes upon them inadvertently may
person may, without a warrant, arrest a person:
also seized by him even without warrant
1. When such person has in fact just - An accused is estopped from questioning
committed, is actually committing, or is the legality of his arrest when he never
attempting to commit an offense in his raised it before entering his plea
presence
Valid warrantless searches are limited to:
2. When an offense has in fact just been
committed and he has personal knowledge 1. Custom searches
of facts indicating that the person to be 2. Searches of moving vehicles
arrested had committed it 3. Seizure of evidence in plain view
3. When the person to be arrested is a 4. Consent searches
prisoner who has escaped from a penal 5. Searches incidental to a lawful arrest
establishment or place where he is serving 6. Stop and frisk
final judgment or temporarily confined
while his case is pending, or has escaped
while being transferred from one

23
EX PARTE JACKSON, 96 US 727
PRIVACY OF COMMUNICATION AND Letters and sealed packages in the mails may be
CORRESPONDENCE examined only as to their external appearance
and weight and may not be opened except in
ARTICLE III, SECTION 3(1), 1987 CONSTITUTION accordance with the constitutional
requirements of a lawful search and seizures.
(1) The privacy of communication and
correspondence shall be inviolable except
upon lawful order of the court, or when
public safety or order requires otherwise, as
prescribed by law. CHAPTER 11
 Taken from the Malolos Constitution LIBERTY OF ABODE AND TRAVEL
 Rules out eavesdropping on private
conversations through the use of ART. III, SEC. 6, 1987 CONSTITUTION
electronic gadgets and thus covers with
its protection even intangible things The liberty of abode and of changing the same within
the limits prescribed by law shall not be impaired
ANTI-WIRE TAPPING ACT (R.A. 4200) except upon lawful order of the court. Neither shall
the right to travel be impaired except in the interest
SEC.1(1) It shall be unlawful for any person, not of national security, public safety or public health, as
being authorized by all the parties to any private may be provided by law.
communication or spoken word, to tap any wire
or cable, or by using any other device or
arrangement, to secretly overhear, intercept, or Purpose: to further emphasize the individual’s
record such communication or spoken word by liberty as safeguarded in general terms by the due
using a device commonly known as a
process clause
Dictaphone or dictagraph or detectaphone or
walkie-talkie or tape recorder, or however
Includes:
otherwise described.
 The right to choose one’s residence
 To leave it whenever he pleases
 The use of these records is permitted
 To travel where he wills
only in civil and criminal proceedings
involving certain specified offenses, LIMITATIONS:
mainly those affecting national security
 These acts may be done only upon  The liberty of abode can be limited upon
previous written authorization by the lawful order of the court
court, to be issued upon compliance  The right to travel by the requirements of
with the constitutional requirements national security, public safety or public
for the issuance of a warrant, and shall health as may be provided by law
be effective for only 60 days.
Examples:
GAANAN V. INTERMEDIATE APPELLATE COURT  A person facing criminal charges may be
restrained by the court from leaving the
Telephone extension is not among the device
country or, if abroad, compelled to
covered by this law and that the use of that
return
instrument to listen in on a private conversation
 A lessee may be judicially ejected for
was prohibited as “tap”.
violation of his contractual duties
 A judge may prevent a person from
entering certain premises under dispute
or declared off-limits by proper
authorities
 Health officers may restrict access to

24
contaminated areas and also ARTICLE III, SEC.5, 1987 CONSTITUTION
quarantine those already exposed to
the disease sought to be contained No law shall be made respecting an
 When there is threat of volcanic establishment of religion, or prohibiting the free
eruption, residents in the affected area exercise thereof. The free exercise and
may be forced to evacuate and enjoyment of religious profession and worship,
prevented from returning until the without discrimination or preference, shall
danger is over forever be allowed. No religious test shall be
 Provisions of law limiting the enjoyment of required for the exercise of civil or political
liberty should be strictly construed against rights.
the government and in favor of the
individual
Other pertinent provisions
CHAPTER 12 ART. VI, SEC. 28(3), 1987 CONSTITUTION
FREEDOM OF RELIGION Charitable institutions, churches, parsonage or

convents appurtenant thereto, mosques, and
ARTICLE 18, UNIVERSAL DECLARATION OF non-profit cemeteries, and all lands, buildings,
HUMAN RIGHTS and improvements actually, directly and
exclusively used for religious, charitable or
Everyone has the right to freedom of thought, educational purposes shall be exempt from
conscience and religion; this right includes taxation.
freedom to change his religion or belief and
freedom, either alone or in community with
ART. VI, SEC. 29(2), 1987 CONSTITUTION
others and in public or private, to manifest his
religion or belief in teaching, practice, worship No public money or property shall ever be
and observance. appropriated, applied, paid or used, directly or
indirectly, for the use, benefit, or support of any
sect, church, denomination, sectarian
RELIGION institution, or system of religion, or the use,
- Any specific system of belief, worship, benefit, or support of any priest, preacher,
conduct, etc., often involving a code of minister, or other religious teacher or dignitary
ethics and a philosophy. as such except when such priest, preacher,
- A profession of faith to an active power that minister or dignitary is assigned to the armed
binds and elevates man to his Creator forces, or to any penal institution, or
(Aglipay v. Ruiz) government orphanage or leprosarium.
- Religion embraces matters of faith and
dogma, as well as doubt, agnosticism and ART. XIV, SEC. 3(3), 1987 CONSTITUTION
atheism
At the option expressed in writing by the parents
RELIGION IN THE CONSTITUTION or guardians, religions shall be allowed to be
taught to their children or wards in public
Basic provision of the Constitution on religion elementary and high schools within the regular
class hours by instructors designated or
ARTICLE II, SEC.6, 1987 CONSTITUTION approved by the religious authorities of the
The separation of Church and State shall be religions to which the children or wards belong,
inviolable. without additional cost to the Government.

25
ART. XIV, SEC. 4(2), 1987 CONSTITUTION whatever form they may adopt to teach or
practice religion; that the state cannot
Educational institutions, other than those established openly or secretly participate in the affairs
by religious groups and mission boards, shall be
of any religious organization or group and
owned solely by citizens of the Philippines or
vice versa. (Everson v. Board of Education)
corporations or associations at least sixty per centum
of the capital of which is owned by such citizens. The
 There will be no violation of the
Congress may, however, require increased Filipino establishment clause if:
equity participation in all educational institutions.  The statute has a secular legislative
purpose
The control and administration of educational  Its principal or primary effect is one
institutions shall be vested in citizens of the
that neither advances nor inhibits
Philippines.
religion
No educational institution shall be established  It does not foster an excessive
exclusively for aliens and no group of aliens shall government entanglement with
comprise more than one-third of the enrollment in religion
any school. The provisions of this subsection shall not  The government is neutral, and while
apply to school established for foreign diplomatic protecting all, it prefers none, and it
personnel and their dependents and, unless
disparages none. Freedom of religion
otherwise provided by law, for other foreign
includes freedom from religion; the right to
temporary residents.
worship includes the right not to worship.
 Does not inhibit the use of public property
SEPARATION OF CHURCH AND STATE for religious purposes when the religious
character of such use is merely incidental to
 “Strong fences make good neighbors”
a temporary use which is available
 The idea is to delineate the boundaries
indiscriminately to the public in general
between the 2 institutions and thus avoid
 GR: Payment of public funds is prohibited to
encroachments by one against the other
ecclesiastics
because of a misunderstanding of the limits
XPN:
of their respective exclusive jurisdictions.
when such priest, preacher, minister or
 “render therefore unto Caesar the things
dignitary is assigned to:
that are Caesar’s and unto God the things
 The armed forces
that are God’s”
 Any penal institution
 A union of Church and State tends to
 Government orphanages
destroy government and to degrade religion
 Leprosarium
 The wall of separation between Church and
 if they serve the government in a
State is not a wall of hostility. The State in
non-ecclesiastical capacity.
fact recognizes the beneficent influence of
 The Constitution itself also provides for the
religion in the enrichment of the nation’s
exemption from property taxes of religious
life.
institutions and all lands, buildings and
 The establishment clause simply means that
improvements actually, directly and
the state cannot set up a church; nor pass
exclusively devoted to religious purposes
laws which aid one religion, aid all religion,
 XPN to the GR: Public elementary and high
or prefer one religion over another nor
schools may be used for optional religious
force nor influence a person to go to or
instruction in accordance with Art. XIV, Sec.
remain away from church against his will or
3(3).
force him to profess a belief or disbelief in
any religion; that the state cannot punish a INTRAMURAL RELIGIOUS DISPUTES
person for entertaining or professing
religious beliefs or disbeliefs, for church GR: Intramural disputes regarding religious dogma
attendance or non-attendance; that no tax and other matters of faith are outside the
in any amount, large or small, can be levied jurisdiction of the secular authorities.
to support any religious activity or
XPN: Where the dispute involves the property rights
institution whatever they may be called or

26
of the religious group or the relations of the dogma, not freedom from conformity to
members where property rights are involved, the law because of religious dogma. (W. Va.
civil courts may assume jurisdiction. Board of Education v. Barnette)
- The authority of the State shall not at all
 Whatever dogma is adopted by a religious times prevail over the right of the individual
group cannot be binding upon the State if it to religious profession and worship. As long
contravenes its valid laws as it can be shown that the exercise of the
 Where a civil right depends upon some right does not impair the public welfare, the
matter pertaining to ecclesiastical affairs, attempt of the State to regulate or prohibit
the civil tribunal tries the civil right and such right would be an unconstitutional
nothing more, taking the ecclesiastical encroachment.
decision out of which the civil right has - When we balance the Constitutional rights
arisen as it finds them, and accepting those of owners of property against those of the
decisions as matters adjudicated by another people to enjoy freedom of the press and
jurisdiction. (Gonzales v. Archbishop of religion, as we must here, we remain
Manila) mindful of the fact that the latter occupy a
preferred position. (Marsh v. Alabama)
RELIGIOUS PROFESSION AND WORSHIP
- The constitutional guaranty of free exercise
Twofold Aspect: and enjoyment of religious profession and
worship carries with it the right to
1. Freedom to believe disseminate religious information. Any
- Absolute as long as the belief is confined restraint of such right can be justified like
within the realm of thought other restraints of freedom of expression
- An individual may indulge his own theories on the ground that there is a clear and
about life and death; worship any god he present danger of any substantive evil
chooses, or none at all; embrace or reject which the State has the right to prevent.
any religion; acknowledge the divinity of (American Bible Society v. City of Manila)
God or of any being that appeals to his - The test to determine which shall prevail as
reverence; recognize or deny the between religious freedom and the powers
immortality of his soul of the State is, as always, the test of
- Cherish any religious conviction as he and reasonableness.
he alone sees fit
- However absurd his beliefs may be to RELIGIOUS TEST
others, even if they be hostile and heretical
- The constitutional prohibition against
to the majority, he has full freedom to
religious tests is aimed against clandestine
believe as he pleases
attempts on the part of the government to
- He may not be required to prove his beliefs
prevent a person from exercising his civil or
nor may he be punished for his inability to
political rights because of his religious belief
do so
- An attempt to avoid military duties on the
2. Freedom to act on one’s belief
ground among others of conscientious
- Subject to regulation where the belief is
scruples was brushed aside by the SC in
translated into external acts that affect the
People v. Zosa. Basis of the decision was
public welfare
Art. II, Sec. 4 of the Constitution. As
- Can be enjoyed only with proper regard for
accommodation perhaps to his religious
the rights of others
misgivings, the conscientious objector,
- The inherent police power can be exercised
provided his sincerity is first established,
to prevent religious practices inimical to
can be assigned non-military duties in
society
defense of the State.
- The constitutional provision on religious
- 3 Tests to acknowledge a conscientious
freedom terminated disabilities; it did not
objector:
create new privileges. It gave religious
o an applicant’s objection must be
liberty, not civil immunity. Its essence is
against participating in war in any
freedom from conformity to religious

27
form, not just a particular war  Other rights in addition to freedom of
o an applicant’s objection to service speech:
in the military must be based on o Freedom of the press
religious training and belief o Freedom of assembly
o an applicant’s objection must be o Freedom of petition
sincere o Freedom religion
- Facial challenge may be mounted for o Right of association
purposes of questioning the validity of o Right to access to information on
statutes concerning religious freedom. matter of public concern
- In case of conflict between the free exercise o Right not to be detained solely by
clause and the State, the Court adheres to reason of one’s political beliefs and
the doctrine of benevolent neutrality. aspirations
- The benevolent neutrality theory believes  Freedom of expression is available only
that with respect to these governmental insofar as it is exercised for the discussion
actions, accommodation of religion may be of matters affecting the public interest
allowed, not to promote the government’s
favored form of religion, but to allow IMPORTANCE
individuals and groups to exercise their
 The first right that is always curtailed when
religion without hindrance. “The purpose of
a free society falls under a repressive
accommodation is to remove a burden on,
regime
or facilitate the exercise of, a person’s or
 As an individual “particle of sovereignty”,
institution’s religion.” “What is sought
every citizen has a right to offer his views
under the theory of accommodation in not
and suggestions in the discussion of the
a declaration of unconstitutionality of a
common problems of the community or
facially neutral law, but an exemption from
nation.
its application or its ‘burdensome effect,’
 Theories and schools of thought that
whether by the legislature or the courts.””
strengthen the need to protect the basic
(Estrada v. Escritor)
right to freedom of expression:
- In ascertaining the limits of the exercise of
1. Deliberative democracy - Includes
religious freedom, the compelling state
the right of the people to
interest test is proper. Underlying the
participate in public affairs,
compelling state interest test is the notion
including the right to criticize
that free exercise is a fundamental right and
government actions
that laws burdening it should be subject to
2. Considers free speech as being
strict scrutiny.
under the concept of a market
place of ideas and should therefore
be encouraged
3. Free speech likewise involves self-
expression that enhances human
CHAPTER 13
dignity. This right is a means of
FREEDOM OF EXPRESSION assuring individual self-fulfillment
among others
4. Considers free expression as a
marker for group identity
 DEFINITION: “at once the instrument and 5. The bill of rights, free speech
the guaranty and the bright consummate included, is supposed to protect
flower of all liberty” (Wendell Philips) individuals and minorities against
- Covers freedom of expression in majoritarian abuses perpetrated
general, which embraces a number of through the framework of
cognate rights all aimed at insuring the democratic governance
free and effective communication of 6. Safety valve theory – nonviolent
ideas from mind to mind manifestations of dissent reduce

28
the likelihood of violence (Diocese of Bacolod v. COMELEC)
 Free speech must, thus, be protected as a  Form of expression is just as important as
peaceful means of achieving one’s goal, the information conveyed that it forms part
considering the possibility that repression of the expression
of nonviolent dissent may spill over to  Free expression can also come in the forms
violent means just to drive a point. of commercial speech, which does no more
 Two paradigms of free speech that than propose a commercial transaction and
separate at the point of giving priority to also political speech presented as satire.
equality vis-à-vis liberty: (Disini v. Executive Secretary)
1. Equality-based approach –  Placards, graffiti, slogans and battle-cries,
politically disadvantaged speech poems and song lyrics, speeches and
prevails over regulation, but orations, movies, stage plays, and television
regulation promoting political and radio presentations—all these and
equality prevails over speech more can be effective media for the
2. Considerations of equality of discussion of public issues
opportunity or equality in the
ability of citizens as speakers ELEMENTS
should not have a bearing in free
speech doctrine
No law shall be passed abridging the freedom of
SCOPE
speech, of expression, or of the press, or the
 The ideas that may be expressed under this right of the people to peaceably to assemble
freedom are not confined only to those that and petition the Government for redress of
are sympathetic or acceptable to majority. grievances.
To be really meaningfully, it should permit
the articulation of even the unorthodox ART. III, SEC. 18(1), 1987 CONSTITUTION
view, though it be hostile to or derided by
others, or induces a condition of unrest, No person shall be detained solely by reason of
creates dissatisfaction with conditions as his political belief and aspirations.
they are, or even stirs people to anger.
Elements of freedom of expression:
 The freedom to speak includes the right to
be silent. 1. Freedom from previous restraint or
 Also includes the right to an audience censorship
 The right to listen also includes the right not 2. Freedom from subsequent punishment
to listen. This freedom was meant not only
to protect the minority who want to talk Restraints:
but also to benefit the majority who refuse
1. Content-based regulation/censorship
to listen.
- If the restriction is based on the subject
MODES OF EXPRESSION matter of the utterance or speech
- Aimed at the contents or idea of the
 Freedom of expression is usually exercised expression
through language, oral and written. - Can either be based on the viewpoint of
 Symbolisms may also be used the speaker or the subject of the
 Not limited to vocal communication. expression
Conduct is treated as a form of speech - Bears a heavy presumption of invalidity
sometimes referred to as symbolic speech and is measured against the clear and
such that when speech and nonspeech present danger rule.
elements are combined in the same course - Will pass constitutional muster only if
of conduct, the communicative element of justified by a compelling reason, and
the conduct may be sufficient to bring into the restrictions imposed are neither
play the right to freedom of expression. overbroad nor vague

29
- A governmental action that restricts means that unnecessarily sweep its
freedom of speech or of the press subject broadly, thereby invading
based on content is given the strictest the area of protected freedoms
scrutiny in light of its inherent and o Void-for-vagueness doctrine – a
invasive impact. statute can be impermissibly vague
2. Content neutral restraint for either 2 independent reasons:
- If it is merely concerned with the (1) If it fails to provide people of
incidents of the speech, or one that ordinary intelligence a
merely controls the time, place or reasonable opportunity to
manner, and under well defined understand what conduct it
standards prohibits
- Intends to regulate the time place, and (2) If it authorizes or even
manner of the expression under well- encourages arbitrary and
defined standards tailored to serve a discriminatory enforcement
compelling state interest, without
restraint on the message of the FREEDOM FROM CENSORSHIP
expression  Censorship conditions the exercise of
- Only a substantial governmental freedom of expression upon prior approval
interest is required for its validity of the government. Only those ideas
- Subject only to intermediate approach acceptable to it are allowed to be
– somewhere between the mere disseminated; all others are restricted or
rationality that is required of any other suppressed.
law and the compelling interest
 As a matter of constitutional tradition, in
standard applied to content-based
the absence of evidence to the contrary, we
restrictions. The test is called
presume that governmental regulation of
intermediate because the Court will not
the content of speech is more likely to
merely rubberstamp the validity of a
interfere with the free exchange of ideas
law but also requires that the
than to encourage it. (Reno v. American Civil
restrictions be narrowly-tailored to
Liberties Union)
promote an important or significant
 Censorship need not partake of total
governmental interest that is unrelated
suppression; even restriction of circulation
to the suppression of expression.
is unconstitutional.
- A governmental regulation is
sufficiently justified if it is within the FREEDOM FROM PUNISHMENT
constitutional power of the
Government, if it furthers an important  Freedom of speech includes freedom after
or substantial governmental interest; if speech. Without this assurance, the citizen
the governmental interest is unrelated would hesitate to speak for fear he might
to the suppression of free expression; be provoking the vengeance of the officials
and if the incident restriction on alleged he has criticized.
freedom of speech & expression is no  In a free society, the individual is not
greater than is essential to the supposed to speak in timorous whispers or
furtherance of that interest. with bated breath but with the clear voice
(Chavez v. Gonzales) of the unafraid.
 A facial challenge may be raised against any  Freedom of expression is not absolute. Like
restraint upon freedom of expression. Such all rights, it is subject to the police power
restraint may be suppressed if found to be and may be regulated in the interest of the
overbroad or vague. public.
o Overbreadth doctrine – a proper  Freedom of expression does not cover ideas
governmental purpose, offensive to public order or decency or
constitutionally subject to state reputation of persons, which are all entitled
regulation, may not be achieved by to protection by the state.

30
 3 major ideas to determine the liability of  Heckler’s veto – generally refers to a
the individual for ideas expressed by him: restriction imposed by the government
1. The clear and present danger rule upon a person’s exercise of his freedom of
2. The dangerous tendency doctrine speech for purposes of maintaining the
3. The balancing test peace or preventing unlawful or violent
 Libelous statements which, when found to reactions to the same
be false, malicious or unrelated to a public  While normally not subject to injunction or
officer’s performance of his duties or punishment, since it is an accepted medium
irrelevant to matters of public interest of expression, picketing may be validly
involving public figures, may give rise to prohibited and penalized when “set in a
criminal and civil liability. background of violence”.
 Plain and simple baseless accusations  Fear of serious injury cannot alone justify
contained in news reports cannot be suppression of free speech and assembly.
considered as qualified privileged Men feared witches and burned women. It
communication under the second is the function of speech to free men from
paragraph of Art. 354 of the RPC which the bondage of irrational fears. To justify
exempts from the presumption of malice a suppression of free speech, there must be
fair and true report, made in good faith, reasonable ground to fear that serious evil
without any comments or remarks, of any will result if free speech is practiced. There
judicial, legislative, or other official must be reasonable ground to believe that
proceedings which are not of confidential the danger apprehended is imminent. There
nature, or any statement, report, or speech must be reasonable ground to believe that
delivered in said proceedings, or of any the evil to be prevented is a serious one.
other act performed by public officers in (Whitney v. California)
the exercise of their functions.  The function of freedom of expression was
to insure “a true ferment of ideas” and that
THE CLEAR AND PRESENT DANGER RULE
the right is entitled to the utmost deference
 Most libertarian of these test and respect, subject only to well-defined
 Formulated by Justice Holmes in Schenck v. limits.
United States  The applicants for a permit to hold an
 The question in every case is whether the assembly should inform the licensing
words used are used in such circumstances authority of the date, the public place,
and are of such a nature as to create a clear where and the time when it will take place.
and present danger that they will bring If it were a private place, only the consent
about substantive evils that the State has a of the owner or the one entitled to its legal
right to prevent. If they do, the speaker possession is required. Such application
shall be punished; otherwise, not. It is a should be filed well ahead in time to enable
question of proximity and degree. The the public official concerned to appraise
character of every act depends upon the whether there may be valid objection to the
circumstances in which it is done. (Schenk v. grant of the permit or to its grant but at
US) another public place. It is an indispensable
condition to such refusal or modification
 The rule is that the danger created must not
that the clear and present danger test be
only be clear and present but also traceable
the standard for the decision and grave
to the ideas expressed.
danger of a substantive evil, the applicants
 The term clear seems to point to causal
must be heard on the matter. Thereafter,
connection with the danger of the
his decision, whether favorable or adverse,
substantive evil arising from the utterance
must be transmitted to them at the earliest
questioned. Present refers to the time
opportunity. Thus, if so minded, they can
element. It used to identified with
have recourse to the proper judicial
imminent and immediate danger. The
authority. (Ruiz v. Gordon)
danger must not only be probable but very
likely inevitable. (Gonzales v. COMELEC)

31
THE DANGEROUS TENDENCY DOCTRINE CRITICISM OF OFFICIAL CONDUCT
 Applied by the SC prior to the adoption of  The interest of society and the maintenance
the clear and present danger rule of good government demand a full
 If the words uttered create a dangerous discussion of public affair. Complete liberty
tendency which the State has a right to to comment on the conduct of public men
prevent, then such words are punishable. It is a scalpel in the case of free speech. The
is not necessary that some definite or sharp incision of its probe relieves the
immediate acts of force, violence, or abscesses of officialdom. Men in public life
unlawfulness be advocated. It is sufficient may suffer under a hostile and unjust
that such acts be advocated in general accusation; the wound may be relieved by
terms. Nor is it necessary that the language the balm of a clear conscience. A public
used be reasonably calculated to incite official must not be too thin-skinned with
persons to acts of force, violence or reference to comment upon his official acts.
unlawfulness. It is sufficient if the natural (US v. Bustos)
tendency and probable effect of the  The people have a right to scrutinize and
utterance be to bring about the substantive commend or condemn the conduct of their
evil which the legislative body seeks to choses representatives in the government.
prevent. (Cabansag v. Fernandez) And as long as their comments are made in
 A person could be punished for his ideas good faith and with justifiable ends, they
even if they only tended to create the evil are insulated from prosecution or damage
sought to be prevented. It was not suits for defamation even if such views are
necessary to actually create the evil; a found to be inaccurate or erroneous.
mere tendency toward the evil was  A private individual may still be the subject
enough. of public comment even if he is not a public
official or at least a public figure, as long he
THE BALANCE-OF-INTEREST TEST is involved in a public issue.
 When particular conduct is regulated in the  Being a public figure does not automatically
interest of public order and the regulation destroy in toto a person’s right to privacy.
results in an indirect, conditional, partial The right to invade a person’s privacy to
abridgement of speech, the duty of the disseminate public information does not
courts is to determine which of the two extend to a fictional or novelized
conflicting interests demands the greater representation of a person, no matter how
protection under the particular public a figure he or she may be. (Lagunzad
circumstances. (American Communications v. Sotto Vda. De Gonzales)
Association v. Douds)  Newspaper publications tending to impede,
 If in a given situation it should appear that obstruct, embarrass or influence the courts
there is urgent necessity for protecting the in administering justice in a pending suit or
national security against improvident proceeding constitutes criminal contempt
exercise of freedom of expression, the right which is summarily punishable by the courts
must yield. But if no special justification (People v. Alarcon)
exists for curtailment of the freedom, the  Neither the right of free speech nor the
interests of the State not being especially right to engage in political activities can be
threatened by its exercise, it is the right so construed or extend as to permit any
that must prevail. such liberties to a member of the bar. A
 The flaw in this method, according to layman may, perhaps, pursue his theories of
Justice Black, is that it in effect allows the free speech or political activities until he
courts to decide that this freedom may not runs afoul of the penalties of libel or
be enforced unless they believe it is slander, or into some infraction of our
reasonable to do so. statutory law. A member of the bar can,
and will, be estopped at the point where he
infringes our Canons of Ethics; and if he

32
wishes to remain a member of the Bar he conduct specifically defined by the
will conduct himself in accordance applicable law.
therewith. (Zaldivar v. Sandiganbayan) (3) Whether the work, taken as a whole,
 2 kinds of publications relating to court lacks serious literary, artistic, political or
and court proceedings which can warrant scientific value.
the exercise of the power to punish for  In determining whether the material goes
contempt: substantially beyond customary limits of
(1) That which tends to impede, obstruct, candor and affronts contemporary
embarrass or influence the courts in community standards or decency, the
administering justice in a pending suit courts should not apply a national standard
or proceeding but the standard of the community in which
(2) That which tends to degrade the courts the material is being tested.
and to destroy public confidence in
them or that which tends to bring them ASSEMBLY AND PETITION
in any way into disrepute  The right of assembly is important to
 Freedom of speech is not absolute, and freedom of expression because public
must occasionally be balanced with the issues are better resolved after an exchange
requirements of equally important public of views among citizens meeting with each
interests, such as the making of other for the purpose.
contemptuous statements directed against  Like other rights embraced in freedom of
the Court is not an exercise of free speech; expression, the right to assemble is not
rather, it is an abuse of such right. subject to previous restraint or censorship.
Unwarranted attacks on the dignity of the Hence, it may not be conditioned upon the
courts cannot be disguised as free speech, prior issuance of a permit or authorization
for the exercise of said right cannot be used from the government authorities. It should
to impair the independence and efficiency be noted, however, that if the assembly is
of courts or public respect therefor and intended to be held in a public place, a
confidence therein. (In Re: Published permit for the use of such place and not for
Alleged Threats against Members of the the assembly itself, may be validly required.
Court in the Plunder Case Hurled by Atty.
 Under the Public Assembly Act, a permit for
Leonard De Vera)
the holding of a public assembly shall not be
ART AND OBSCENITY necessary where the meeting is to be held
in a private place, in the campus of a
 Our jurisprudence on the regulation of government-owned and operated
public decency adheres to the traditional educational institution or in a freedom park.
rules, without the adventure, good or bad, The freedom park is to be established in
of innovation. every municipality and city and shall as far
 Movies, compared to other media of as practicable be centrally located.
expression, have a greater capacity for evil  Where a permit is required, the written
and are consequently, subject to more application therefor shall be filed with the
regulation (Burstyn v. Wilson) mayor’s office at least 5 days before the
 It is axiomatic that obscenity is not scheduled meeting and shall be acted upon
constitutionally protected because it within 2 days. Otherwise, the permit shall
offends public decency because it offends be deemed granted.
public decency and morals.  Denial may be justified only upon clear and
 Test of Obscenity (Miller v. California): convincing evidence that the public
(1) Whether the average person, applying assembly will create a clear and present
contemporary community standards, danger to public order, safety, convenience
would find that the work, taken as a morals, or health. Action on the application
whole, appeals to the prurient interest. shall be communicated within 24-hrs to the
(2) Whether the work depicts or describes, applicant, who may appeal the same to the
in a patently offensive way, sexual appropriate court. Decision must be

33
reached within 24 hours. liberty.
 The law prohibits law-enforcement agencies  Societies may be formed under this
from interfering with a lawful assembly, but provision for social, scientific, cultural,
permits them to detail a contingent under a political, religious or other lawful purposes.
responsible commander at least 100 m.  The right of association is deemed
away from the assembly in case it becomes embraced in freedom of expression
necessary to maintain order. because the organization can be used as a
vehicle for the expression of views that
TEST
have a bearing on the public welfare.
 Ideally, the test of a lawful assembly should  The phrase “for purposes not contrary to
be the purpose for which it is held, law” is a built-in limitation of the right.
regardless of the auspices under which it is  Significantly, the new Section 8 now
organized. expressly guarantees to those employed in
 Purpose Test – even if the organizers of the the public and private sectors the right to
meeting be unquestionably lawful, the form unions.
assembly will still be illegal if its objective is, ART. IX-B, SEC. 2(5), 1987
say, to incite to sedition or rebellion. CONSTITUTION
 Untoward incidents arising during a public
The right to self-organization shall
assembly will not make the assembly
not be denied to government
unlawful for that reason alone.
employees.
 The right to strike, while constitutionally
recognized, is not without legal  A reading of the proceedings of the
constrictions. Among them would be the Constitutional Commission that drafted the
provisions of Art. 264 of the Labor Code 1987 Constitution would show that in
which states that no strike or lockout shall recognizing the right of government
be declared after assumption of jurisdiction employees to organize, the commissioners
by the President or the Secretary or after intended to limit the right to the formation
certification or submission of the dispute to of unions or associations only, without
compulsory or voluntary arbitration or including the right to strike. (SSS Employees
during the pendency of cases involving the Association v. CA)
same grounds for the strike or lockout.  That the Government has a right to protect
(Solid Bank Union v. Metropolitan Bank and itself against subversion is a proposition too
Trust Company) plain to require elaboration. Self-
 A strike that is undertaken despite the preservation is the ‘ultimate value’ of
issuance by the Secretary of Labor of an society. It surpasses and transcends every
assumption ordered and/or certification is a other value for if a society cannot protect
prohibited activity and thus illegal. (Philcom its very structure from armed internal
Employees Union v. Philippine Global attack… no subordinate value can be
Communications) protected. (People v. Ferrer)
 The right to associate included the right not
RIGHT OF ASSOCIATION to associate and that this particular
exemption was intended for the benefit of
ART. III, SEC. 8, 1987 CONSTITUTION laborers who were inhibited from joining
labor unions because of their religious
The right of the people, including those
belief.
employed in the public and private sectors, to
 It is the policy of the State to promote
form unions, associations or societies for
unionism to enable the workers to
purposes not contrary to law shall not be
negotiate with management on the same
abridged.
level and with more persuasiveness than if
they were to individually and independently
 Strictly speaking, the right of association is
bargain for the improvement of their
already comprehended in due process,
respective conditions. (Liberty Flour Mills
particularly as it protects the person’s

34
Employees Association v. Liberty Flour Mills, cannot hold public officials accountable for
Inc.) anything. Armed with the right information,
 The right of association was also held not citizens can participate in public discussions
violated where political parties were leading to the formulation of government
prohibited from participating in the policies and their effective implementation.
barangay elections to insure the  Pursuant to these constitutional provisions,
nonpartisanship of the candidates. the Commission on Elections may be
 Integration does not make a lawyer a compelled to explain fully its preparations
member of any group in which he is not for an election, and to disclose or publish
already a member. He became a member of the name of the nominees of the various
the Bar when he passed the Bar party-list groups named in the petitions,
examinations. All that integration actually notwithstanding a statutory prohibition
does is to provide an official national requiring it not to shoe the names of party-
organization for the well-defined but lists in its certified lists.
unorganized and incohesive group of which  Unlike the disclosure of information which
every lawyer is already a member. (In re is mandatory under the Constitution, the
Edillon) other aspect of the people’s right to know
 Under our system of laws, every group has requires a demand or request for one to
the right to promote its agenda and gain access to documents and papers of the
attempt to persuade society of the validity particular agency. Moreover, the duty to
of its position through normal democratic disclose covers only transactions involving
means. It is in the public square that deeply public interest, while the duty to allow
held convictions and differing opinions access had a broader scope of information,
should be distilled and deliberated upon. which embraces not only transactions
(Ang Ladlad LGBT Party v. COMELEC) involving public interest, but any matter
contained in official communications and
ACCESS TO INFORMATION public documents of the government
agency. (Initiatives for Dialogue and
 The right of access to public documents has
Empowerment through Alternative Legal
been recognized as a self-executory
Services, Inc. v. Power Sector Assets and
constitutional right.
Liabilities Management Corporation)
ART. II, SEC. 28, 1987 CONSTITUTION  The proper remedy to invoke the right to
information is to file a petition for
Subject to reasonable conditions mandamus, the constitutional duty, not
prescribed by law, the State adopts and being discretionary.
implements a policy of full public disclosure
of all its transactions involving public ART. III, SEC. 7, 1987 CONSTITUTION
interest.
The right of the people to information on
matters of public concern shall be
 The right to information guarantees the
recognized. Access to official records, and to
right of the people to demand information,
documents and papers pertaining to official
while Section 28 recognizes the duty of the acts, transactions, or decisions, as well as to
officialdom to give information even if government research data used as basis for
nobody demands. policy development, shall be afforded the
 Seeks to promote transparency in policy- citizen, subject to such limitations as may be
making and in the operations of the provided by law.
government, as well as provide the people
sufficient information to exercise effectively
other constitutional rights.
 Essential to hold public officials at all times
accountable to the people, for unless
citizens have the proper information, they

35
ART. VI, SEC. 16(4), 1987 CONSTITUTION (Senate v. Executive Secretary Ermita)
 The right of Congress or any of its
Each House shall keep a Journal of its Committees to obtain information in aid of
proceedings, and from time to time publish legislation cannot be equated with the
the same, excepting such parts as may, in people’s right to public information. The
its judgment, affect national security; and the former cannot claim that every legislative
yeas and nays on any question shall, at the
inquiry is an exercise of the people’s right to
request of one-fifth of the Members present,
information. (Neri v. Senate Committee on
be entered in the Journal.
Accountability of Public Officers)
 Custodians of public documents must not
 Except perhaps when it is clear that the
concern themselves with the motives,
purpose of the examination is unlawful or
reasons, and objects of the persons seeking
sheer, idle curiosity, we do not believe it is
access to the records. The moral of material
the duty under the law of registration
injury which their misuse might inflict on
officers to concern themselves with the
others is the requestor’s responsibility and
motives, reasons, and objects of the
lookout. Any publication is made subject to
persons seeking access to the records.
the consequences of the law. While public
(Subido v. Ozaeta)
officers in the custody or control of public
 The transparency requirement of public
records have the discretion to regulate the
bidding may not give rise to a right to be
manner in which records may be inspected,
invoked as a ground to direct the issuance
examined or copied by interested persons,
of the Notice of Award.
such discretion does not carry with it the
 Restrictions on the right to information
authority to prohibit access, inspection,
(Chavez v. PCGG):
examination, or copying of the records. (In
o National security matters and
re: Request of Philippine Center for
intelligence information
Investigative Journalism for the 2008 SALNs
o Trade secrets and banking
and Personal Data Sheets of Courts of
transactions
Appeals Justices)
o Criminal matters
 Furtive Law is like a scabbarded saber that
o Other confidential information
cannot feint, parry or cut unless the naked
 Diplomatic negotiations, therefore, are
blade is drawn. (Tanada v. Tuvera)
recognized as privileged in this jurisdiction,
 In view of the erratic issuances and limited
the JPEPA negotiations constituting no
readership of the Official Gazette, it is now
exception. It bears emphasis, however, that
provided that the required publication may
such privilege is only presumptive. For as
be made alternatively in a newspaper of
Senate v. Ermita holds, recognizing a type of
general circulation in the Philippines.
information as privileged does not mean
 Pending the enactment of an enabling law,
that it will be considered privileged in all
the release of information through postings
instances. Only after a consideration of the
in public bulletin boards and government
context in which the claim is made may it
websites satisfies the constitutional
be determined if there is a public interest
requirement. (Initiatives for Dialogue and
that calls for the disclosure of the desired
Empowerment through Alternative Legal
information, strong enough to overcome its
Services, Inc. v. Power Sector Assets and
traditionally privileged status. (AKBAYAN v.
Liabilities Management Corporation)
Aquino)
 Executive privilege, whether asserted
against Congress, the courts, or the public,
is recognized only in relation to certain
types of information of a sensitive
character. The extraordinary character of
the exemption indicates that the
presumption inclines heavily against
executive secrecy and in favor of disclosure.

36
CHAPTER 14 LAW
- Includes statutes enacted by the

THE IMPAIRMENT CLAUSE
national legislature, executive orders
and administrative regulations
promulgated under a valid delegation of
ART. III, SEC. 10, 1987 CONSTITUTION power, and municipal ordinances
passed by the legislative bodies
No law impairing the obligation of contracts - Does not include judicial decisions or
shall be passed. adjudications made by administrative
bodies in the exercise of their quasi-
PURPOSE: to safeguard the integrity of valid judicial powers
contractual agreements against unwarranted - To impair, the law must retroact so as
interference by the State. to affect existing contracts concluded
before its enactment. There will be no
 NOTE! Protection of the impairment clause impairment if the law is made to
is not absolute. operate prospectively only, to cover
CONTRACT contracts entered into after its
enactment.
- Refers to any lawful agreement on
property or property rights, whether OBLIGATION
real or personal, tangible or intangible - The obligation of the contract is the
- The agreement may be executed or vinculum juris, the tie that binds the
executory parties to each other
- Parties may be private persons only, - The obligation of a contract is the law
natural or artificial, or private persons or duty which binds the parties to
on the one hand and the government or perform their undertaking or
its agencies on the other hand agreement according to its terms and
- Includes franchises or charters granted intent. (Sturgess v. Crownshields)
to private persons or entities
- Does not cover licenses as these involve IMPAIRMENT
grants of privileges only that are
- Anything that diminishes the efficacy of
essentially revocable
the contract
- Does NOT include marriage contracts
- The degree of diminution is immaterial.
- GR: A public office is not a property
As long as the original rights of either
right and therefore cannot be the
parties are changed to his prejudice,
subject of a contract between the
there is an impairment of the obligation
incumbent and the government
of the contract.
XPN: Salaries already earned – will be
- But in the case of remedies, there will
deemed as vested property right that
be impairment only if all of them are
cannot be withdrawn or reduced by
withdrawn, with the result that either
retroactive legislation
of the parties will be unable to enforce
- The State’s restraint upon the right to
his rights under the original agreement.
have an interest or ownership over
There will be no impairment, in other
forest land does not violate the
words, as long as a substantial and
constitutional guarantee of non-
efficacious remedy remains. And this
impairment of contracts. Said restraint
rule holds true even if the remedy
is a valid exercise of the police power of
retained is the most difficult to employ
the State. (Land Bank of the Philippines
and it is the easier ones that are
v. Republic of the Philippines)
withdrawn. (Manila Trading Co. v.
Reyes)

37
LIMITATIONS are restricted to contracts with respect
to property, or some object of value,
- Despite the impairment clause, a and confer rights which may be
contract valid at the time of its asserted in a court of justice, and have
execution may be legally modified or no application to statutes relating to
even completely invalidated by a public subjects within the domain of the
subsequent law. If the law is a proper general legislative powers of the State,
exercise of the police power, it will and involving the public right and public
prevail over the contract. welfare of the entire community
- The freedom to contract is not affected by it. They do not prevent
absolute; all contracts and all rights are proper exercise by the State of its police
subject to the police power of the State powers. By enacting regulations
and not only may regulations which reasonably necessary to secure the
affect them established by the State,
health, safety, morals, comfort, or
but all such regulations must be subject general welfare of the community, even
to change from time to time, as the the contracts may thereby be affected;
general well-being of the community for such matter cannot be placed by
may require, or as the circumstances contract beyond the power of the State
may change, or as experience may to regulate and control them. (Ilusorio
demonstrate the necessity. (Beltran v. v. Court of Agrarian Relations)
Secretary of Health) - In The Learning Child, Inc. v. Ayala
- It has long been settled that police Alabang Village Association, the SC
power legislation, adopted by the State reiterated that a zoning ordinance,
to promote the health, morals, peace, being an exercise of the police power, is
education, good order, safety, and superior to the impairment clause.
general welfare of the people prevail However, it declared that, a zoning
not only over future contracts but even ordinance, while valid as a police
over those already in existence, for all measure, was not intended to affect
private contracts must yield to the existing rights protected by the
superior and legitimate measures taken impairment clause. It is always a wise
by the State to promote public welfare. policy to reconcile apparently
(Surigao del Norte Electric Cooperative conflicting rights under the Constitution
Inc. v. Energy Regulatory Commission) and to preserve both instead of
- The legislature cannot bargain away the nullifying one against the other.
police power through the medium of a - In Article XII, Section 11, of the
contract. Neither may private parties Constitution, it is provided that no
fetter the legislative authority by franchise to operate a public utility shall
contracting on matters that are be granted except under the condition
essentially within the power of the that it shall be subject to “amendment,
lawmaking body to regulate. alteration or repeal by the Congress
- The police power is superior to the non- when the common good so requires”. It
impairment clause. The constitutional is submitted that this reservation is not
guaranty of non-impairment of
at all necessary inasmuch as the subject
contracts is limited by the exercise of of the franchise is necessarily
public health, safety, morals, and connected with the public welfare and
general welfare of the community. so is embraced in the police power of
(BANAT v. COMELEC) the State.
- The prohibition contained in - Like police power, the other inherent
constitutional provisions against
powers of eminent domain and taxation
impairing the obligation of contracts is may validly limit the impairment clause.
not an absolute one and is not to be - A contract is property, and like any
read with literal exactness like a other property, may be taken for public
mathematical formula. Such provisions

38
use subject to the rule of just than the law annexed to the crime
compensation. The true view is that the when committed.
condemnation proceedings do not 4. Every law that alters the legal rules
impair the contract, do not break its of evidence, and receives less or
obligations, but appropriate it, as they different testimony than the law
do the tangible property of the required at the time of the
company, to public uses. (Long Island commission of the offense, in order
Water Supply Co. v. Brooklyn) to convict the offender.
- It has also been held that a lawful tax 5. Every law which, assuming to
on a new subject, or an increased tax on regulate civil rights and remedies
an old one does not interfere with a only, in effect imposes a penalty or
contract or impair its obligation within the deprivation of a right for
the meaning of the Constitution. On the something which when done was
other hand, where a law grants a tax lawful.
exemption in exchange for valuable 6. Every law which deprives persons
consideration, such exemption is accused of crime of some lawful
considered a contract and cannot be protection to which they have
repealed because of the impairment become entitled.
clause. (2) Characteristics
- The Contract Clause has never been 1. Refer to criminal matters
thought as a limitation on the exercise  The prohibition applies only to criminal or
of the State’s power of taxation save penal matters not to laws which concern
only where a tax exemption has been civil matters or proceedings generally, or
granted for a valid consideration. which affect or regulate civil or private
(Smart Communications, Inc. v. City of rights. (Republic v. Fernandez)
Davao)  Administrative Orders and Memorandum
Orders have also been held as not being
covered by the proscription against ex-post
facto law. (FFCBL v. Desierto)
CHAPTER 15
 Amendatory law permitting the prosecutor
EX POST FACTO LAW to initiate the charge is ex post facto. (US v.
Gomez Coronel)
2. Retroactive in its application
 A law can never be considered ex post facto
Ex Post Facto Law as long as it operates prospectively since its
strictures would cover only offenses
- Equivalent of the impairment clause in
committed after and not before its
criminal matters
enactment. (Villar v. People)
- One that would make a previous act
 It has also been consistently held that
criminal although it was not so at the
remedial laws may be given retroactive
time it was committed
effect and may be made to apply to actions
- Operates retroactively
pending and undetermined at the time of
their passage, there being no vested rights
(1) Kinds
in the rules of procedure.
1. Every law that makes criminal an
REASON: Remedial statute or statute
act done before the passage of the
relating to remedies or modes of procedure
law and which was innocent when
does not create new rights or take away
done, and punishes such act.
vested rights but only operate in
2. Every law that aggravates a crime,
furtherance of the remedy or the
or makes it greater when it was
confirmation of already existing rights.
committed.
 A statute or rule regulating the procedure
3. Every law that changes punishment,
of the courts will be construed as applicable
and inflicts a greater punishment

39
to actions pending and undetermined at the CHAPTER 16
time of its passage. All procedural laws are
retroactive in that sense and to that extent. NON-IMPRISONMENT FOR DEBT
3. To the prejudice of the accused
 Even if the law be penal and retroactive, it ARTICLE III, SECTION 20, 1987 CONSTITUTION
will still not be ex post factor if it does not
operate to the disadvantage of the accused. No person shall be imprisoned for debt or
non-payment of a poll tax.
 The law looks forward, never backward. Lex
prospicit, non respicit. A new law has a
prospective, not retroactive, effect. Debt
However, penal laws that favor a guilty
- Any civil obligation arising from
person, who is not a habitual criminal, shall
contract, expressed or implied
be given retroactive effect. These are the
- Includes even debts obtained through
rule, the exception and exception to the
fraud since no distinction is made in the
exception on effectivity of laws. (Valeroso v.
Constitution
People)
- As long as the obligation to pay arises
Bill of Attainder ex contratu, it is considered a private
matter between the creditor and
 If a statute is a bill of attainder, it is also an debtor and the punitive arm of the
ex post facto law. But if it is not an ex post State cannot be employed in a criminal
facto law, the reasons that establish that it action to enforce the former’s right
is not are persuasive that it cannot be a bill - Remedy of the creditor: civil action
of attainder. only for the recovery of the unpaid debt
(1) Characteristics Crime

 Definition: A legislative act that inflicts
 Although the debtor cannot be imprisoned
punishment without trial, its essence being
for his failure to pay his debt, he can be
the substitution of legislative fiat for a
validly punished in a criminal action if he
judicial determination of guilt.
contracted his debt through fraud. In such
 It is only when a statute applies either to
case, the act for which he is penalized is the
named individuals or to easily ascertainable
deception he employed in securing his debt,
members of a group in such a way as to
not his default in paying it.
inflict punishment on them without a
 The gravamen of the offense punished by
judicial trial that it becomes a bill of
BP 22 is the act of making and issuing a
attainder. (People v. Ferrer)
worthless check or a check that is
 This expression is generic, and includes not
dishonored upon its presentation for
only legislative acts to punish for felonies,
payment. It is not the nonpayment of an
but every legislative act which inflicts
obligation which the law punished. The law
punishment without judicial trial. If the
is not intended or designed to coerce a
offense be less than felony, the act is
debtor to pay his debt. The thrust of the law
usually called a bill of pains and penalties.
is to prohibit, under pain of penal sanctions,
(Cummings v. Missouri)
the making of worthless checks and putting
them in circulation. Because of its
deleterious effects on the public interest,
the practice is proscribed by the law. The
law punishes the act not as an offense
against property, but an offense against
public order. (Lozano v. Martinez)
 The suspension of a civil servant for failure
to pay a just and admitted debt is an
administrative sanction and does not

40
violate the prohibition against liberty and compelled to labor
imprisonment for debt. (Flores v. Tatad) in liquidation of some debt or
obligation, real or pretended,
Poll Tax against his will
GR: Since a tax is not a debt but arises from the  The introduction of this subsection was
obligation of the person to contribute his share in intended against the recurrence of the
the maintenance of the government, failure to pay much-abhorred practice, employed to
the same can be validly punished with excess by the past dictatorship, of arresting
imprisonment. political critics and dissenters and
indefinitely detaining them without prior
XPN: Poll Tax conviction and sometimes even without the
filing of charges against them, as a means of
 Definition: A specific fixed sum levied upon
punishing them for their opposition to the
every person belonging to a certain class
administration.
without regard to his property or
 Restraint of the individual so he can be
occupation.
compelled to work for another, be it the
 Reason for the exception: Pursuant to the
government or a private party, violates the
social justice policy, reflects the tender
constitutional guaranty, subject to certain
regard of the law for the millions of our
exceptions.
impoverished masses who cannot afford
even the nominal cost of a poll tax like the Exceptions
basic community tax certificate.
 Malefactors may be validly punished with
imprisonment and compelled to work in
atonement for their crimes.
CHAPTER 17  While a person may not as a rule be
compelled to accept a public appointive
INVOLUNTARY SERVITUDE office, he may not be refuse to do so if the
position is intended for the defense of the
State.
 A person who enlists in the service of a
(1) No person shall be detained solely
by reason of his political beliefs and merchant vessel may be compelled to
aspirations. remain in such service until the end of the
voyage for which he contracted. Otherwise,
(2) No involuntary servitude in any form it would be possible for its crew to desert
shall exist except as a punishment for a the ship in a foreign port, making it difficult
crime whereof the party shall have been for the owners to recruit new hands to
duly convicted. continue the voyage and bring the vessel
back to the port of origin. (Robertson v.
Definition Baldwin)
 Persons may be validly pressed into service
- The condition of one who is compelled
under the posse comitatus for the
by force, coercion, or imprisonment,
apprehension of criminals.
and against his will, to labor for
 Striking workers in industries affected with
another, whether he is paid or not
public interest or public utilities may be
- Includes:
required to return to work pending
o Slavery – that civil relation in
settlement of the labor dispute.
which one man has absolute
Purpose: To prevent disruption, to the
power over the life, fortune and
detriment of the public, of essential services
liberty of another
being performed by the strikers.
o Peonage – a condition of
 Unemancipated minors come under the
enforced servitude by which
patria potestas and so are obliged to obey
the servitor is restrained of his
their parents so long as they are under

41
parental power, and to observe respect and Prosecutor for further proceedings in accordance
reverence toward them always. with law. Mangila filed a petition for habeas corpus,
averring that the Judge had no authority to conduct
Application preliminary investigation, and the issuance of the
 Under the RPC, penalties are imposed upon warrant was without any justification or probable
“any person who, in order to require or cause. She argues that habeas corpus is available to
enforce the payment of a debt, shall compel her, as she had no adequate remedy in law since
the debtor to work for him, against his will, the records of the case were already forwarded to
as household servant or farm-laborer.” the Office of the City Prosecutor who had no
authority to recall the warrant of arrest.
ISSUE: Was the petition for habeas corpus the

CHAPTER 18 proper remedy in this case?
HELD: No.
THE WRIT OF HABEAS CORPUS
petition for the issuance of a writ of habeas corpus
is a special proceeding governed by Rule 102 of the
 The writ of habeas corpus is a prerogative Rules of Court, as amended. In Ex Parte Billings, it
writ of liberty employed to test the validity was held that habeas corpus is that of a civil
of a person’s detention. If he is restrained proceeding in character. It seeks the enforcement
of his liberty, he or someone acting on his of civil rights. Resorting to the writ is not to inquire
behalf may file a petition for habeas corpus into the criminal act of which the complaint is
to secure his release. made, but into the right of liberty, notwithstanding
 The writ is directed to the person detaining the act and the immediate purpose to be served is
another, commanding him to produce the relief from illegal restraint. The rule applies even
body of the prisoner at a designated time when instituted to arrest a criminal prosecution and
and place, with the day and cause of his secure freedom. When a prisoner petitions for a
caption and detention, to do, to submit to, writ of habeas corpus, he thereby commences a suit
and receive whatever the court or judge and prosecutes a case in that court.
awarding the writ shall consider in his
Habeas corpus is not in the nature of a writ of error;
behalf.
nor intended as substitute for the trial court’s
 It is issued only for the lone purpose of function. It cannot take the place of appeal,
obtaining relief for those illegally confined
certiorari or writ of error. The writ cannot be used
or imprisoned without sufficient legal basis. to investigate and consider questions of error that
It is not issued when the person is in might be raised relating to procedure or on the
custody because of a judicial process or a
merits. The inquiry in a habeas corpus proceeding is
valid judgment. (Fletcher v. Director of addressed to the question of whether the
Bureau of Corrections) proceedings and the assailed order are, for any
---------------------------------------- reason, null and void. The writ is not ordinarily
granted where the law provides for other remedies
MANGILA vs. PANGILINAN in the regular course, and in the absence of
exceptional circumstances. Moreover, habeas
G.R. No. 160739, July 17, 2013
corpus should not be granted in advance of trial.
FACTS: Mangila and four other persons were The orderly course of trial must be pursued and the
charged with syndicated estafa as well as violations usual remedies exhausted before resorting to the
of Republic Act 8042 with respect to the recruiting writ where exceptional circumstances are extant. In
and promising of overseas employment to several another case, it was held that habeas corpus cannot
complainants. After conducting a preliminary be issued as a writ of error or as a means of
examination of one of the complainants, the judge reviewing errors of law and irregularities not
ordered the arrest of Mangila and others without involving the questions of jurisdiction occurring
bail, and the records transmitted to the City during the course of the trial, subject to the caveat
that constitutional safeguards of human life and

42
liberty must be preserved, and not destroyed. It has  Even moral restraint is a ground for the
also been held that where restraint is under legal issuance of this writ.
process, mere errors and irregularities, which do  However, where there is no clear showing
not render the proceedings void, are not grounds that he is being detained or restrained of
for relief by habeas corpus because in such cases, his liberty, he is not entitled to the same.
the restraint is not illegal.  Restrictive custody is, at best, nominal
restraint which is beyond the ambit of
Habeas corpus is a summary remedy. It is analogous
habeas corpus. It is neither actual nor
to a proceeding in rem when instituted for the sole
effective restraint that would call for the
purpose of having the person of restraint presented
grant of the remedy prayed for. (Ampatuan
before the judge in order that the cause of his
v. Macaraig)
detention may be inquired into and his statements
 The remedy of the writ of habeas corpus is
final. The writ of habeas corpus does not act upon
available not only in cases of illegal
the prisoner who seeks relief, but upon the person
confinement or detention by which any
who holds him in what is alleged to be the unlawful
person is deprived of his liberty, but also in
authority. Hence, the only parties before the court
cases involving the rightful custody over a
are the petitioner (prisoner) and the person holding
minor. (Bagtas v. Santos)
the petitioner in custody, and the only question to
 A prisoner may secure his release if he was
be resolved is whether the custodian has authority
convicted by a court without jurisdiction or
to deprive the petitioner of his liberty. The writ may
where his sentence has become invalid.
be denied if the petitioner fails to show facts that
 The same right is available to a person
he is entitled thereto ex merito justicias.
sentenced to a longer penalty than that
A writ of habeas corpus, which is regarded as a subsequently meted out to another person
"palladium of liberty," is a prerogative writ which convicted of the same offense. (Gumabon v.
does not issue as a matter of right but in the sound Director of Prisons)
discretion of the court or judge. It is, however, a  Habeas corpus may also be resorted to in
writ of right on proper formalities being made by case of unlawful denial of bail. (Zafra v. City
proof. Resort to the writ is not to inquire into the Warden)
criminal act of which a complaint is made but unto  However, it has been held where the
the right of liberty, notwithstanding the act, and the decision is tainted with only errors of law, a
immediate purpose to be served is relief from illegal petition for habeas corpus will not lie. If the
restraint. The primary, if not the only object of the alleged error does not go to the jurisdiction
writ of habeas corpus ad subjuciendum, is to of the court, the proper remedy would not
determine the legality of the restraint under which be the prerogative writ but an ordinary
a person is held. appeal. (Celeste v. People)
 But if the error alleged denies the right to a
The object of the writ of habeas corpus is to inquire
speedy trial, the same is considered
into the legality of the detention, and, if the
jurisdictional and so may be corrected on
detention is found to be illegal, to require the
habeas corpus. (Conde v. Rivera)
release of the detainee. Equally well-settled
however, is that the writ will not issue where the Procedure
person in whose behalf the writ is sought is out on
bail, or is in the custody of an officer under process  It is not the writ itself but only its privilege
issued by a court or judge with jurisdiction or by that may be suspended.
virtue of a judgment or order of a court of record.  When an application for habeas corpus is
filed and the court finds the petition in
----------------------------------------------- proper form, it will issue the writ as a
matter of course, ordering the production
When Available
of the person allegedly detained and
 The liberty of an individual may be restored requiring the respondent to justify the
by habeas corpus where he is subjected to detention. Only where the return of the
physical restraint respondent shows that the person in
custody is being held for a crime covered by

43
the proclamation suspending the privilege suspension for a period to be determined
of habeas corpus and in a place where it is by the Congress, if the invasion or rebellion
effective will the court dismiss the petition. shall persist and public safety requires it.
 Suspension of the privilege itself is the
The Congress, if not in session, shall, within
exception and not the rule, the rule being
twenty-four hours following such
the affirmation and not the limitation of
proclamation or suspension, convene in
liberty. accordance with its rules without need of a
ART. III, SEC. 15, 1987 CONSTITUTION call.
The privilege of the writ of habeas The Supreme Court may review, in an
corpus shall not be suspended appropriate proceeding filed by any citizen,
except in cases of invasion or the sufficiency of the factual basis of the
rebellion when the public safety proclamation of martial law or the
requires it. suspension of the privilege of the writ
 In the absence of the exceptional conditions of habeas corpus or the extension thereof,
mentioned, the privilege of the writ of and must promulgate its decision thereon
habeas corpus may not be suspended and within thirty days from its filing.
the individual shall be entitled to the full
protection of the writ against any attempt A state of martial law does not suspend the
to restrain him.
operation of the Constitution, nor supplant
the functioning of the civil courts or
Grounds for Suspension legislative assemblies, nor authorize the
conferment of jurisdiction on military courts
 The president is entrusted with the power and agencies over civilians where civil
to suspend the privilege of the writ of courts are able to function, nor
habeas corpus. However, this power is not automatically suspend the privilege of the
writ of habeas corpus.
without limitations and may be revoked by
the Congress or the Supreme Court in The suspension of the privilege of the writ
proper cases. of habeas corpus shall apply only to
persons judicially charged for rebellion or
----------------------------
offenses inherent in, or directly connected
ART. VII, SEC. 18, 1987 CONSTITUTION
with, invasion.
During the suspension of the privilege of

The President shall be the Commander-in- the writ of habeas corpus, any person thus
Chief of all armed forces of the Philippines arrested or detained shall be judicially
and whenever it becomes necessary, he charged within three days, otherwise he
may call out such armed forces to prevent shall be released.
or suppress lawless violence, invasion or
rebellion. In case of invasion or rebellion, --------------------------------
when the public safety requires it, he may,
for a period not exceeding sixty days,  The Supreme Court has the power to annul
suspend the privilege of the writ of habeas the suspension of the privilege of the writ
corpus or place the Philippines or any part of habeas corpus if the same is not based
thereof under martial law. Within forty-eight on either of the two grounds enumerated in
hours from the proclamation of martial law the Constitution.
or the suspension of the privilege of the writ
of habeas corpus, the President shall
submit a report in person or in writing to the
Congress. The Congress, voting jointly, by
a vote of at least a majority of all its
Members in regular or special session, may
revoke such proclamation or suspension,
which revocation shall not be set aside by
the President. Upon the initiative of the
President, the Congress may, in the same
manner, extend such proclamation or

44
 Extent of the President’s military powers:
The Montenegro Case affirmed the doctrine (1) He may call out the armed forces to
announced in Barcelon v. Baker and held that the
determination by the President of the Philippines of prevent or suppress lawless violence,
the existence of any of the grounds prescribed by the invasion or rebellion only.
Constitution for the suspension of the privilege of the (2) The grounds for the suspension of the
writ of habeas corpus should be conclusive upon the privilege of the writ and the
courts. The justification was that the President, with
proclamation of martial law are now
all the intelligence sources available to him as
commander-in-chief, was in a better position than limited to invasion or rebellion when
the Supreme Court to ascertain the real state of the public safety requires it.
peace and order in the country. (3) The duration of such suspension or
proclamation shall not exceed 60 days,
following which it shall be automatically
lifted.
(4) Within 48 hours after such suspension
or proclamation, the President shall
personally or in writing report his action
to the Congress.
(5) If not in session, Congress shall convene
within 24 hours following the
The doctrine was subsequently abandoned in proclamation or suspension.
Lansang v. Garcia, where the SC declared that it had
(6) The Congress may, by a majority vote of
the power to inquire into the factual basis of the
suspension of the privilege of the writ of habeas all its members voting jointly, revoke his
corpus by President Marcos and to annul the same if action. The revocation may not be set
no legal grounds could be established. aside by the President.
(7) By the same vote and in the same
manner, the Congress may, upon the
initiative of the President, extend his
suspension or proclamation for a period
to be determined by the Congress if the
invasion or rebellion shall continue and
the public safety requires the extension.
(8) The action of the President and the
Congress shall be subject to review by
the Supreme Court, which shall have
the authority to determine the
In Garcia-Padilla v. Enrile, the SC reversed the sufficiency of the factual basis of such
Lansang decision and revived the Montenegro action. The SC must decide the
docrtine, reiterating that the suspension of the challenge within 30 days from the time
privilege of the writ of habeas corpus was a political it is filed.
question to be resolved solely by the president.
(9) The challenge may be filed by any
citizen.
(10)Martial law does not automatically
suspend the privilege of the writ of
habeas corpus or the operation of the
Constitution. The civil courts and the
legislative bodies shall remain open.
Military courts and agencies are not
conferred jurisdiction over civilians
where the civil courts are functioning.
(11)The suspension of the privilege of the
writ of habeas corpus shall apply only to
persons facing charges of rebellion or
Abovementioned ruling has been abrogated by offenses inherent in or directly
Section 18, which has expressly constitutionalized the connected with invasion.
Lansang doctrine. (12)Any person arrested for such offenses
must be judicially charged therewith
within 3 days. Otherwise he shall be
released.

45
IN THE MATTER OF THE PETITION FOR HABEAS cover-up for their activities in furtherance of CPP goals and
CORPUS OF LAURENTE C. ILAGAN, ANTONIO B. objectives”.
ARELLANO, and MARCOS D. RISONAR, JR.,
Lawyers for Enrile, Gen. Tan-Gatue, and then acting Chief of
Integrated Bar of the Philippines [IBP]; Free Legal Staff of the Armed Forces of the Philippines (AFP) Lt. Gen. Fidel
Assistance Group [FLAG] and Movement of Ramos, named respondents in the case, justified the arrest and
Attorneys For Brotherhood, Integrity and detention of the lawyers by contending that it was conducted
Nationalism, Inc., [MABINI], petitioners, under a PDA; that the writ of habeas corpus was suspended by
virtue of Proclamation 2045-A; and that courts do not have the
authority to inquire into the cause and validity of detention of
vs. persons held pursuant to the suspension.
HON. JUAN PONCE ENRILE, Minister of National (Proclamation 2045-A stated that the privilege of the writ of
Defense; LT. GEN. FIDEL V. RAMOS, Acting Chief of habeas corpus remains suspended in the two autonomous
Staff, Armed Forces of the Philippines; BRIG. GEN. regions of Mindanao and in all other places with respect to
persons detained or who will be detained for insurrection,
DIONISIO TAN-GATUE, PC-INP Regional rebellion, subversion, economic sabotage, etc. It was an
Commander for Region XI, Camp Catitipan, Davao amendment to Proclamation 2045 that supposedly lifted Martial
Law on January 17, 1981.)
City, respondents.
While justifying the arrest and detention of the lawyers as
G.R. No. 70748 October 21, 1985 legitimate because of the PDA and Proclamation 2045, the
military’s lawyers filed an information for rebellion against the
[Laurente Ilagan v. Hon. Juan Ponce Enrile] (1985) detained attorneys before the Regional Trial Court of Davao City
Branch X on May 27, 1985 or 17 days after Ilagan was arrested,
[MELENCIO-HERRERA] which then became the basis of a warrant of arrest.
No preliminary investigation was conducted. Lawyers of the

Summary and Doctrine: military then asked the SC to dismiss the petition for a writ of
habeas corpus because it was supposedly already rendered
This case gave birth to the Marcos-era legal principle moot and academic by the said filing of information.
established by jurisprudence wherein a writ of habeas
corpus is no longer available after criminal information is During the first hearing on the habeas corpus petition on May
filed against the person detained and an arrest warrant or 23, 1985 the SC actually ordered the immediate release of the
a commitment order is issued by the court where the said detained lawyers on recognizance of their principal counsels –
information has been filed. In what would be known as the former Chief Justice Roberto Concepcion and retired Associate
“Ilagan doctrine”, the unlawfulness of an arrest becomes Justice Jose B.L. Reyes. But the military refused to honor the
moot and academic or an illegal arrest becomes “legal” SC order to immediately release the detainees with military
once charges are filed in a court of law. officials saying that it had to be verified from higher authorities.
Then, as already mentioned, a case was hastily filed before a
This doctrine was promulgated by the Supreme Court in trial court in Davao City four days later.
October 21, 1985. Ilagan refers to Laurente Ilagan, a legal
luminary in Davao City and former chairperson of Bagong Petitioners argued that the arrests were illegal; that the Welgang
Alyansang Makabayan (Bayan) Mindanao who was Bayans were in legitimate exercise of the constitutional right of
arrested without warrant together with fellow lawyers expression and assembly to petition the government for redress
Antonio Arellano and Marcos Risonar by elements of the of grievances; that the detained attorneys’ participation was
Philippine Constabulary/Integrated National Police (PC- limited to serving in the legal panel and the negotiating panels;
INP). Enrile refers to then Minister of Defense (and now that Proclamation 2045 was unconstitutional because there
Senator) Juan Ponce Enrile. exists no factual or legal basis for the suspension of the writ of
habeas corpus as provided for in the 1973 Constitution; that the
evidence presented by respondents against the detained
FACTS: attorneys were of a doubtful and flimsy nature; and that the PDA
was unconstitutional because it violates the 1973 Constitution
Ilagan, Arellano, and Risonar were arrested by the PC-INP on prohibiting unreasonable searches and seizures.
the basis of a Preventive Detention Action (PDA) issued by the
late strongman Ferdinand Marcos on January 25, 1985. A PDA ISSUE(S): Whether or not a petition for habeas corpus should
legitimizes a warrantless arrest. First to be arrested and be granted in behalf of persons arrested and detained without
detained in Camp Catitipan, Davao City was Ilagan on May 10. the basis of an arrest warrant.
Arellano, meanwhile, was arrested when he and 14 other
lawyers from the Davao chapter of the Integrated Bar of the RATIONALE:
Philippines (IBP) visited Ilagan on the same day. Risonar was
arrested on May 13 when he visited Camp Catitipan to verify his On October 21, 1985, the SC ruled that the petition for habeas
arrest papers. corpus was already moot and academic since Ilagan, Arellano,
and Risonar were detained by virtue of a warrant of arrest by
They were arrested, according to then Brig. Gen. Dionisio Tan- Regional Trial Court of Davao City in relation to a criminal case
Gatue, PC-INP Region IX Commander, for alleged “specific acts of rebellion filed against them before the said court. It argued
of rebellion and economic sabotage as well as for their that the function of a special proceeding of habeas corpus is to
leadership in the Communist Party of the Philippines (CPP)”. He inquire into the legality of one’s detention. But because the
cited as well the participation of the detained lawyers in a detained lawyers’ incarceration was already by virtue of a
Welgang Bayan (People’s Strike) in Davao City. Gen Tan-Gatue judicial action in relation to a criminal case (no matter if such
also accused the three of “using their profession as lawyers as case was filed more than two weeks after the arrests were

46
made), the remedy of habeas corpus supposedly no longer circumstantial evidence, indicia, and
applies. The SC added that questions to the legality of the arrest
presumptions may be considered, so long
or lack of preliminary investigation should be addressed to the
Davao City trial court. as they lead to conclusions consistent with
the admissible evidence adduced. (Saez v.
Macapagal-Arroyo)
DISPOSITIVE:
 A writ of amparo is a special proceeding. It
Ten justices voted for the dismissal of the petition, namely is a remedy by which a party seeks to
Chief Justice Felix Makasiar and Associate Justices Efren
Plana, Venicio Escolin, Lorenzo Relova, Hugo Gutierrez Jr., establish a status, a right or a particular
Buenaventura Dela Fuente, Serafin Cuevas, Nestor Alampay, fact. It is not a civil or a criminal action.
Carolina Aquino, and Amurfina Melencio-Herrera. Three (Secretary de LIima v. Gatdula)
Associate Justices, however, offered dissenting opinions –
Claudio Teehankee, Hermogenes Concepcion Jr., and Vicente  The phrase “extralegal killings and enforced
Abad Santos. disappearances” refers to “the arrest,
detention, abduction or any other form of
In his dissenting opinion, Associate Justice Teehankee, wrote:
deprivation of liberty by agents of the State
“More than four agonizing months after this Court issued its near or by persons or groups of persons acting
unanimous Resolution… ordering the immediate release of the with the authorization, support or
three petitioners-detainees… this Court has now refused to
enforce its own release order… It has instead dismissed the acquiescence of the State, followed by a
petition for habeas corpus for having become moot and refusal to acknowledge the deprivation of
academic because of the arbitrary filing of precipitate, vindictive, liberty of the disappeared person, which
and oppressive charges against them for the capital crime of
rebellion without hearing or preliminary investigation and in place such person outside the protection of
gross violation of their constitutional right and rudimentary law,” as originally defined in the
requirements of due process and fair play”.
International Convention for the Protection
of All Persons from Enforced
The Writs of Amparo and Habeas Data Disappearance.
 Elements of Enforced Disappearances
 Complementary writs added by the SC to under RA 9851:
make the writ of habeas corpus more a. That there be an arrest, detention,
efficacious. abduction or any form of deprivation of
 Became effective on February 2008 liberty;
 Under the writ of amparo, the courts will be b. That it be carried out by, or with the
more diligent in the protection of the life, authorization, support or acquiescence
liberty and security of the desaparecido and of, the State or a political organization;
can order the respondent to exert more and c. That it be followed by the State or
actual effort in locating the missing person political organization’s refusal to
and showing that he is in good condition acknowledge or give information on the
and has not been maltreated by the fate or whereabouts of the person
authorities. subject of the amparo petition;
 The petition for a writ of amparo is a d. That the intention for such refusal is to
remedy available to any person whose right remove subject person from the
to life, liberty and security is violated or protection of the law for a prolonged
threatened with violation by an unlawful period of time
act or omission of a public official or  It may be filed by any concerned citizen,
employee or of a private individual or organization, association or institution only
entity. if there is no known member of the
 It is an extraordinary remedy adopted to immediate family or relative of the
address the special concerns of extra-legal aggrieved party.
killings and enforced disappearances.  It may not be issued against security guards
 It had been held that, in view of the who do not work for the government or are
recognition of the evidentiary difficulties not shown to have any link or connection to
attendant to the filing of a petition for the some covert police, military or government
privilege of the writs of amparo and habeas operation.
data, not only direct evidence, but  A mere inclusion of one’s name in the order

47
of battle list, without more, does not suffice liberty, or for the protection of property or
to discharge the burden to establish actual commercial rights; or in connection with
threat to one’s right to life, liberty and threatened demolition of dwelling by virtue
security by substantial evidence. (Ladaga v. of a final judgment of the court.
Mapagu)  In Sps. Nerio and Soledad Pador v. Barangay
 While threat and intimidation that vitiate Captain Bernabe Arcayan, the SC stressed
the free will – although not involving that the privilege of the writ of amparo
invasion of bodily integrity – constitute a should be issued only upon showing of the
violation of the right to security in the sense existence of substantial evidence that their
of freedom from threat, it must be stressed, rights to life, liberty and security are being
however, that such threat must find violated or threatened by an unlawful act or
rational basis on the surrounding omission, and may not be allowed to
circumstance of the case. address the fears of persons who anticipate
 In Burgos v. Esperon, the SC declared that the possibility of more harassment cases,
its role “in a writ of amparo proceeding is false accusations, and potential violence
merely to determine whether an enforced from respondents.
disappearance has taken place; to  The writ of habeas data is intended to
determine who is responsible or insure the human right to privacy by
accountable; and to define and impose the requiring the respondent to produce the
appropriate remedies to address the necessary information to locate the missing
disappearances.” person or such data about him that have
 In Rodriguez v. Macapagal-Arroyo, the SC, been gathered in secret to support the
citing Gonzales v. Abaya, declared that the suspicion that he has been taken into
President, as Commander-in-Chief, can be custody in violation of his constitutional
held responsible or accountable for rights, or worse, has been salvaged without
extrajudicial killings and enforced benefit of lawful trial.
disappearances in the context of amparo  The writ may also be sought to secure
proceedings on the basis of the doctrine of destruction of such secret information
command responsibility. gathered in violation of the person’s right to
Requisites: privacy to justify summary action against
a. The existence of a superior-subordinate him by the government or any private
relationship between the accused as entity.
superior and the perpetrator of the  The writ of habeas data was conceptualized
crime as his subordinate; as a judicial remedy enforcing the right to
b. The superior knew or had reason to privacy, most especially the right to
know that the crime was about to be or informational privacy of individuals. The
had been committed; writ operated to protect a person’s right to
c. The superior failed to take the control information regarding himself,
necessary and reasonable measures to particularly in the instances where such
prevent the criminal acts or punish the information is being collected through
perpetrators thereof. unlawful means in order to achieve
 In Balao v. Macapagal-Arroyo, the Court unlawful ends.
clarified that, in amparo proceedings,  It requires concrete allegations of
commanders may therefore be impleaded – unjustified or unlawful violation of the right
not actually on the basis of command to privacy related to the right to life, liberty
responsibility – but rather on the ground of or security and should not issue for
their responsibility, or at least purposed of fishing expeditions. (Tapuz v.
accountability. del Rosario)
 The SC has held that the writ of amparo
may not be issued in favor of persons
merely in the custody of the police and
allegedly under threat of deprivation of

48
CHAPTER 19 ART. VIII, SEC. 15, 1987 CONSTITUTION
SPEEDY DISPOSITION OF CASES (1) All cases or matters filed after the
effectivity of this Constitution must be
ART. III, SEC. 16, 1987 CONSTITUTION decided or resolved within twenty-four
months from date of submission for
All persons shall have the right to a speedy the Supreme Court, and, unless
disposition of their cases before all judicial, reduced by the Supreme Court, twelve
quasi-judicial, or administrative bodies. months for all lower collegiate
courts, and three months for all
 Justice delayed is justice denied. other lower courts.
ART. III, SEC. 14(2), 1987 CONSTITUTION (2) A case or matter shall be deemed
submitted for decision or resolution
In all criminal prosecutions, the accused upon the filing of the last pending, brief,
shall be presumed innocent until the or memorandum required by the Rules
contrary is proved, and shall enjoy the right of Court or by the court itself.
to be heard by himself and counsel, to be
informed of the nature and cause of the (3) Upon the expiration of the
accusation against him, to have a speedy, corresponding period, a certification to
impartial, and public trial, to meet the this effect signed by the Chief Justice
witnesses face to face, and to have or the presiding judge shall forthwith be
issued and a copy thereof attached to
compulsory process to secure the
the record of the case or matter, and
attendance of witnesses and the
served upon the parties. The
production of evidence in his behalf.
certification shall state why a decision
However, after arraignment, trial may
or resolution has not been rendered or
proceed notwithstanding the absence of issued within said period.
the accused provided that he has been
duly notified and his failure to appear is (4) Despite the expiration of the
unjustifiable. applicable mandatory period, the court,
without prejudice to such responsibility
as may have been incurred in
ART. VIII, SEC. 5(5), 1987 CONSTITUTION consequence thereof, shall decide or
resolve the case or matter submitted
Promulgate rules concerning the thereto for determination, without
protection and enforcement of further delay.
constitutional rights, pleading, practice,
and procedure in all courts, the admission
to the practice of law, the Integrated Bar, ART. IX-A, SEC. 7, 1987 CONSTITUTION
and legal assistance to the
underprivileged. Such rules shall provide Each Commission shall decide by a
a simplified and inexpensive procedure majority vote of all its Members any case
for the speedy disposition of cases, or matter brought before it within sixty days
shall be uniform for all courts of the same from the date of its submission for decision
grade, and shall not diminish, increase, or or resolution. A case or matter is deemed
modify substantive rights. Rules of submitted for decision or resolution upon
procedure of special courts and quasi- the filing of the last pleading, brief, or
judicial bodies shall remain effective memorandum required by the rules of the
unless disapproved by the Supreme Court. Commission or by the Commission itself.
Unless otherwise provided by this
Constitution or by law, any decision, order,
or ruling of each Commission may be
brought to the Supreme Court on certiorari
by the aggrieved party within thirty days
from receipt of a copy thereof.

49
 As a general principle, rules prescribing the  Rules for determining the existence of
time within which certain acts must be delay in cases:
done, or certain proceedings taken, are o Fixed-Time Period Rule
absolutely indispensable to the prevention - There is considered a delay if
of needless delays and the orderly and proper resolution of a case is not
speedy discharge of judicial business. By done within a specified time period
their very nature, these rules are regarded o Demand-Waiver Rule
as mandatory. (Gachon v. Devera Jr.) - A defendant is considered to have
 The Supreme Court has consistently waived any consideration of his
pronounced that the right to a speedy right to a speedy trial for any period
disposition of cases and the accused’s right prior to which he has not
to a speedy trial are distinct. demanded trial
 This constitutional right is not limited to the - Prior demand is a necessary
accused in criminal proceedings but extends condition to the consideration of
to all parties in all cases, be it civil or the speedy trial right
administrative in nature, as well as all o Balancing Test
proceedings, either judicial or quasi-judicial. - For purposes of determining
In this accord, any party to a case may whether or not there has been
demand expeditious action to all officials inordinate delay, the conduct of
who are tasked with the administration of both the prosecution and
justice. (Roquero v. Chancellor of UP- defendant are weighed
Manila) - Factors to be considered and
 Even the Ombudsman may be compelled by balanced:
mandamus to resolve both administrative  The length of delay;
and criminal cases expeditiously.  The reasons for the delay;
 The Supreme Court has more or less  The assertion or failure to
consistently held that “dismissal of the case assert such right by the
for violation of this right is the general accused;
rule,” although it may be deemed waived if  The prejudice caused by the
not seasonably invoked before the trial delay
court; it may generally not be raised for the  Delay is a two-edge sword. It is the
first time on appeal. (Bernat v. government that bears the burden of
Sandiganbayan) proving its case beyond reasonable doubt.
 Although the Constitution guarantees the The passage of time may make it difficult or
right to the speedy disposition of cases, impossible for the government to carry its
such speedy disposition is a flexible burden. The Constitution and the Rules do
concept. To properly define that concept, not require impossibilities or extraordinary
the facts and circumstances surrounding efforts, diligence or exertion from courts or
each case must be evaluated and taken into prosecutor, nor contemplate that such right
account. There occurs a violation of the shall deprive the State of a reasonable
right to a speedy disposition of a case only opportunity of fairly prosecuting criminals.
when the proceedings are attended by (Corpuz v. Sandiganbayan)
vexatious, capricious, and oppressive  Requisites for the government to sustain
delays, or when unjustified postponements its right to try the accused suffered a delay
of the trial are sought and secured, or (Williams v. US):
when, without cause or justifiable motive, a (a) That the accused suffered no serious
long period of time is allowed to elapse prejudice beyond that which ensued
without the party having his case tried. from the ordinary and inevitable delay;
(Yulo v. People) (b) That there was no more delay than is
reasonably attributable to the ordinary
processes of justice

50
CHAPTER 20 Constitution or by statute, denial thereof
will also militate against due process.
RIGHTS OF THE ACCUSED
SELF-INCRIMINATION
CRIMINAL DUE PROCESS
ART. III, SEC. 14(1), 1987 CONSTITUTION
No person shall be compelled to be a witness
No person shall be held to answer for a criminal against himself.
offense without due process of law.
 The right against self-incrimination has its

Art. III, Sec. 1 Art. III, Sec. 14(1) roots in the common law and is based on
- Deals with due - Restricted to humanitarian and practical considerations.
process in criminal cases Humanitarian because it is intended to
general only
prevent the State, with all its coercive
- Covers both - Purely to
substantive and procedural powers, from extracting from the suspect
procedural requirements testimony that may convict him. Practical
aspects because a person subjected to such
- Applies to all compulsion is likely to perjure himself for
kinds of his own protection.
proceedings
 The right is available not only in criminal
 Criminal due process requires that the
prosecutions but also in all other
accused be tried by an impartial and
governmental proceedings, including civil
competent court in accordance with the
actions and administrative or legislative
procedure prescribed by law and with
investigations.
proper observance of all the rights accorded
 It may be claimed not only by the person
him under the Constitution and the
accused of an offense but by any witness to
applicable statutes.
whom an incriminating question is
 While the right to preliminary investigation
addressed.
is not among the rights granted to the
accused in the Bill of Rights, denial of this (1)SCOPE
right, in the absence of a valid waiver will
violate due process. However, when an  GR: As long as the question will tend to
accused pleads to the charge, he is deemed incriminate, the witness is entitled to the
to have waived the right to preliminary privilege.
investigation and the right to question any XPN:
irregularity that surrounds it. o He may not refuse to answer
 The basic ingredient of criminal due process provided the question is relevant
is a trial conducted in accordance with the and otherwise allowed even if the
rudiments of fair play. answer may tend to embarrass him
 A mistrial may be declared if it is shown or subject him to civil liability.
that the proceedings were held under such o The right may not be invoked where
circumstances as would prevent the the question asked relates to a past
accused from freely making his defense or criminality for which the witness
the judge from freely arriving at his can no longer be prosecuted.
decision. o He may also not refuse to answer
 Due process is also denied where a person where he has been previously
is impleaded for violation of a law, granted immunity under a validly
administrative regulation or municipal enacted statute.
ordinance not previously published as he  The kernel of the right is against not all
would not know what acts he must do or compulsion but testimonial compulsion
avoid to prevent prosecution. only.
 Where appeal is permitted by the  The prohibition of compelling a man in a

51
criminal court to be a witness against CUSTODIAL INVESTIGATION
himself is a prohibition of the use of ART. III, SEC. 12, 1987 CONSTITUTION
physical or moral compulsion to extort
communications from him, not an exclusion (1) Any person under investigation for the
of his body as evidence when it may be commission of an offense shall have the
material (Holt v. US) right to be informed of his right to remain
 The prohibition applies to the compulsion silent and to have competent and
for the production of documents, papers independent counsel preferably of his own
and chattels that may be used as evidence choice. If the person cannot afford the
against the witness, except where the State services of counsel, he must be provided
has a right to inspect the same. with one. These rights cannot be waived
 The privilege also protects the accused except in writing and in the presence of
against any attempt to compel him to counsel.
furnish a specimen of his handwriting in (2) No torture, force, violence, threat,
connection with his prosecution for intimidation, or any other means which
falsification. vitiate the free will shall be used against
him. Secret detention places, solitary,
(2) WHEN AVAILABLE incommunicado, or other similar forms of
detention are prohibited.
 For witnesses: the privilege against self-
(3) Any confession or admission obtained in
incrimination may be invoked only when
violation of this or Section 17 hereof shall be
and as the incriminating question is asked,
inadmissible in evidence against him.
since the witness has no way of knowing in
(4) The law shall provide for penal and civil
advance that the nature or effect of the
sanctions for violations of this section as
question to be put to him.
well as compensation to and rehabilitation
 For the accused: he can refuse at the outset
of victims of torture or similar practices, and
and altogether to take the stand as a
their families.
witness for the prosecution, on the
reasonable assumption that the purpose of
 DEFINITION: any questioning initiated by
his interrogation will be to incriminate him.
law enforcement officers after a person has
(3) WAIVER been taken into custody or otherwise
deprived of his freedom of action in any
 The right against self-incrimination may be significant way.
waived, either directly or by a failure to  begins when there is no longer a general
invoke it, provided the waiver is uncertain inquiry into an unsolved crime and the
and unequivocal and intelligently, investigation has started to focus on a
understandingly and willingly made. particular person as a suspect who has been
 When a person fails to invoke this right at taken into custody and to whom the police
the appropriate time he is deemed to have would then direct interrogatory questions
waived the same. which tend to elicit incriminating
statements
 presupposes that he is suspected of having
committed a crime and that the investigator
is trying to elicit information or a confession
from him
 this right may not be invoked in situations
where the statements are spontaneously
made
 The right to counsel applies in certain pre-
trial proceedings that can be deemed
‘critical stages’ in the criminal process. The
preliminary investigation can be no

52
different from the in-custody interrogations  Custodial investigation shall include the
by the police, for a suspect who takes part practice of issuing an invitation to a person
in a preliminary investigation will be who is investigated in connection with an
subjected to no less than the State’s offense he is suspected to have committed,
processes, oftentimes intimidating and without prejudice to the liability of the
relentless, of pursuing those who might be inviting officer for any violation of law. (R.A.
liable for criminal prosecution. (People v. 7438)
Sunga)  Requisites for an extrajudicial confession,
 The evidentiary value of an inventory to be admissible:
receipt signed by the accused upon his (1) Voluntary
arrest without the assistance of counsel (2) With assistance of counsel
would be irrelevant if there exist other (3) In writing
ample evidence to establish his guilt beyond (4) Express
reasonable doubt. (People v. Mariano)  As mandated, it is not enough that the
 The right to counsel may not be invoked by police investigator merely inform him of his
resource persons in the public hearings constitutional right to silence and to
conducted by the Congress (Philcomsat counsel, and then taking statements down,
Holdings Corp. v. Senate) the interrogating officer must have patience
 There is no law, jurisprudence or rule which in explaining this rights to him. (People v.
mandates that an employee should be Ramos)
assisted by counsel in an administrative  Uncounselled extrajudicial statements given
case. On the contrary, jurisprudence is in to barangay tanods and barangay chairmen
unison in saying that assistance of counsel is have likewise been considered as
not indispensable in administrative inadmissible, but uncounseled admissions
proceedings. (Perez v. People) to neighbors and barangay kagawads which
 While roadside questioning of a motorist were not made during custodial
detained in pursuant to a routine stop has investigations have been admitted in
not been considered as a custodial evidence against the accused who made
investigation or even a formal arrest, them.
nevertheless, if a motorist who has been  Any allegation of violation of rights during
detained pursuant to a traffic stop custodial investigation is relevant and
thereafter is subjected to treatment that material only to cases in which an
renders him in custody for practical extrajudicial admission or confession
purposes, he will be entitled to the full extracted from the accused become the
panoply of protections prescribed by basis of their conviction. (People v. Buluran)
Miranda.  If confessions written in advance by the
 Limited only to criminal investigations and police for persons of limited intelligence or
does not cover administrative investigations educational attainment have been
 An amicable settlement, executed before outlawed, the same disapprobation applies
NBI agents, with the assistance of counsel, where a confession was signed by a person
presumed to be competent and whose sanity was dubious, where the
independent, is not and does not partake of intelligence was not only limited but
the nature of an extrajudicial confession or impaired. (People v. Capitin)
admission but is a contract between the  Swearing officers should have the
parties within the parameters of their confessant physically examined by
mutually recognized and admitted rights independent doctors before administering
and obligations. (Aquino v. Paiste) oath, to discourage attempts to secure
 Mere uncounseled statement made during confession through violence. (People v.
a custodial investigation of the NBI, without Barros)
any proof that the same was used as  Claims of torture are easily concocted, and
prosecution evidence, cannot serve to cannot be given credence unless
invalidate the trial. (Eugenio v. People) substantiated by competent and

53
independent corroborating evidence, like witness to identify the suspect. It is also
medical certificates. (People v. Muit) done thru line-ups where a witness
 Where the defendant did not present identifies the suspect from a group of
evidence of compulsion, where he did not persons lined up for the purpose. (People v.
institute any criminal or administrative Algarme)
action against his supposed intimidators,  Totality of circumstances test
where no physical evidence of violence was - Adopted by the courts in resolving the
presented, his extrajudicial statement shall admissibility of and relying on out-of-court
be considered as having been voluntarily identification of suspects
executed. (People v. Del Rosario) - Factors:
 One of the indicia of voluntariness in the (1) The witness’ opportunity to view the
execution of petitioner’s extrajudicial criminal at the time of the crime;
statement is that it contains many details (2) The witness’ degree of attention at that
and facts which the investigating officers time;
could not have known and could not have (3) The accuracy of any prior description,
supplied without the knowledge and given by the witness;
information given by him. (People v. Muit) (4) The level of certainty demonstrated by
 The new Section 12 stresses the right of the the witness at the identification;
person under investigation to “competent (5) The length of time between the crime
and independent counsel, preferably of his and the identification;
own choice” to be provided free if he (6) The suggestiveness of the identification
cannot afford counsel de parte. procedure
 Rights guaranteed in Subsection 1 may be  The operative act is when the police
waived by the suspect so long as he does investigation is no longer a general inquiry
this in writing and in the presence of into an unsolved crime but has begun to
counsel, who has presumably advised him. focus on a particular suspect who has been
This advice may include the waiver of the taken into custody by the police to carry out
counsel’s services. a process of interrogation that lends itself
 After the start of custodial investigation, to eliciting incriminatory statements.
any identification of an uncounseled (People v. Compil)
accused made in a police line-up is  The Constitution requires not just any kind
inadmissible. (People v. Macam) of counsel but effective and vigilant
 Without stating reasons, the SC overturned counsel.
the doctrine in People v. Macam and in De  An effective and vigilant counsel necessarily
la Torre v. CA, it reiterated the rule in the and logically requires that the lawyer be
Gamboa Case that the right to counsel is present and able to advise and assist his
not available during a police lineup as this is client from the time the confessant answers
not considered part of the custodial the first question asked by the investigating
investigation. officer until the signing of the extrajudicial
 The reason offered in People v. Lara is that confession. (People v. Tomaquin)
“during a police line-up, the process has not  Infraction of the rights of an accused during
yet shifted from the investigatory to the custodial investigation or the so-called
accusatory and it is usually the witness or Miranda Rights render inadmissible only the
the complainant who is interrogated and extrajudicial confession or admission made
who gives a statement in the course of the during such investigation. (People v.
line-up.” Malimit)
 Out-of-court identification is conducted by  The admissibility of other evidence,
the police in various ways. It is done thru provided they are relevant to the issue is
show-ups where the suspect alone is not otherwise excluded by law or rules, is
brought face-to-face with the witness for not affected even if obtained or taken in the
identification. It is don thru mug shots course of custodial investigation. (Ho Wai
where photographs are shown to the Pang v. People)

54
 A re-enactment of the crime in the absence ART. III, SEC. 13, 1987 CONSTITUTION
of counsel is inadmissible evidence against
the accused. (People v. Suarez) All persons, except those charged with
 Waiver of the suspect’s custodial rights offenses punishable by reclusion perpetua
without the assistance of counsel is invalid. when evidence of guilt is strong, shall,
before conviction, be bailable by sufficient
 But the right to counsel is not unlimited.
sureties, or be released on recognizance as
Where the accused repeatedly asked for
may be provided by law. The right to bail
postponement of his trial on the ground
shall not be impaired even when the
that he was still looking for a lawyer de
privilege of the writ of habeas corpus is
parte, the court should then appoint a suspended. Excessive bail shall not be
counsel de oficio for him. required.
 An extrajudicial confession obtained
without the assistance of counsel but later
affirmed by the accused in open court
during his trial has been considered RULE 114, SEC. 4, RULES OF COURT
admissible against him. (People v.
Concepcion) All persons in custody shall be admitted to
 A duly executed extrajudicial confession is bail as a matter of right, with sufficient
sureties, or released on recognize as
admissible against the confessant. It may, in prescribed by law or this Rule (a) before or
fact, be admissible as corroborative after conviction by the Metropolitan Trial
evidence of other facts that tend to Court, Municipal Trial Court, Municipal Trial
establish the guilt of his co-accused. (People Court in Cities, or Municipal Circuit Trial
Court, and (b) before conviction by the
v. Reyes) Regional Trial Court of an offense not
 But an extrajudicial confession which is punishable by death, reclusion perpetua, or
inadmissible against an accused because of life imprisonment.
a violation of his right to be informed or hos
right to counsel would likewise be - DEFINITION: The security given for the
inadmissible against his co-accused. (People release of a person in custody of the law,
v. Bokingo) furnished by him or a bondsman,
 Indeed, the extrajudicial confession or conditioned upon his appearance before
admission of one accused is admissible only any court as may be required
against said accused, but is inadmissible - PURPOSE: to secure provisional release
against the other accused. But if the - Only persons under detention may petition
declarant or admitter repeats in court his for bail
extrajudicial admission, during the trial and - Bail cannot be denied simply because the
the other accused is accorded the person detained has not yet been formally
opportunity to cross-examine the admitter, charged in court but is still under
the admission is admissible against both investigation for the commission of an
accused because then, it is transposed into offense
a judicial admission. (Yapyuco v. - EXCEPTION: any offense which under the
Sandiganbayan) law existing at the time of its commission
and at the time of the application for bail
Bail
may be punished by reclusion perpetua, or
death, even if a lesser penalty may be
RULE 114, SEC. 17(C), RULES OF COURT
imposed upon conviction owing to the
Any person in custody who is not yet charged in mitigating circumstances that may be
court may apply for bail with any court in the disclosed later
province, city, or municipality where he is held. - XPN TO THE XPN: Even if the crime imputed
to the accused is punishable by reclusion
perpetua, he is still entitled to bail if the
evidence of guilt is not strong
 A finding by the Court after a bail hearing

55
that the evidence of guilt is not strong  Duties of a judge once an application for
would not have any effect on the prior bail is file:
determination of probable cause because (1) In all cases whether bail is a matter of
the standard of strong evidence of guilt right or discretion, notify the
which is sufficient to deny bail to an prosecutor of the hearing of the
accused is markedly higher than the application for bail or require him to
standard of judicial probable cause which is submit his recommendation
sufficient to initiate a criminal case. (Leviste (2) Where bail is a matter of discretion,
v. Almeda) conduct a hearing of the application for
 A hearing on bail is separate and distinct bail regardless of whether or not the
from the initial hearing to determine the prosecution refuses to present evidence
existence of probable cause, in which the to show that the guilt of the accused is
trial judge ascertains whether or not there strong for the purpose of enabling the
is sufficient ground to engender a well- court to exercise its sound discretion
founded belief that a crime has been (3) Decide whether the guilt of the accused
committed and that the accused is probably is strong based on the summary of
guilty of the crime. (Directo v. Bautista) evidence of the prosecution
 Where the accused is convicted of a capital (4) If the guilt of the accused is not strong,
offense or of an offense punishable by discharge the accused upon the
reclusion perpetua, his bail shall be approval of the bail bond
canceled and he shall be placed in  It has been held that the mere probability
confinement pending the resolution of his of escape does not warrant denial of the
appeal. (People v. Cortez) right to bail; the remedy is to increase the
 It has likewise been ruled that a court may bail, provided it is not excessive. But after
not release on bail an accused who has conviction in the regional trial court, the
confessed to the crime. (Valerio v. CA) accused may be denied bail if there is risk of
 Hearing on the petition for bail is required his absconding. (Zafra v. City Warden)
to satisfy due process, but this may be  The Supreme Court has also granted bail
summary in nature or held in the course of even when evidence of guilt of the
the trial itself. A separate hearing is not prescribed offense was strong, in view of
indispensable. (Gerardo v. CFI) the illness of the accused which required his
 Bail may not be granted upon mere ex parte hospitalization. (De la Rama v. People’s
motion, particularly not on the same day Court)
that it is filed with the court. (Villanueva v.
Buaya)
 Reliance on a previous order granting bail
does not justify the absence of a hearing in
a subsequent petition for bail. (Baylon v.
Sison)
 The fact that the public prosecutor may
recommend bail for the accused would not
warrant dispensing with the hearing. The
public prosecutor’s recommendation of bail
is not material in deciding whether or to
conduct the mandatory hearing or not. For
one, the public prosecutor’s
recommendation, albeit persuasive, does
not necessarily bind the trial judge, in
whom alone the discretion to determine
whether to grant bail or not is vested.

56
RULE 114, SEC. 5, RULES OF COURT
Bail, when discretionary. — Upon conviction

by the Regional Trial Court of an offense not
 Guidelines to be observed to prevent punishable by death, reclusion perpetua, or
violation of the prohibition against life imprisonment, admission to bail is
excessive bail: discretionary. The application for bail may be
filed and acted upon by the trial court despite
the filing of a notice of appeal, provided it has
RULE 114, SEC. 9, RULES OF COURT not transmitted the original record to the
appellate court. However, if the decision of
Amount of bail; guidelines. — The judge who the trial court convicting the accused changed
issued the warrant or granted the application the nature of the offense from non-bailable to
shall fix a reasonable amount of bail bailable, the application for bail can only be
filed with and resolved by the appellate court.
considering primarily, but not limited to, the
following factors:
Should the court grant the application, the
(a) Financial ability of the accused to accused may be allowed to continue on
give bail; provisional liberty during the pendency of the
(b) Nature and circumstances of the appeal under the same bail subject to the
offense; consent of the bondsman.
(c) Penalty for the offense charged;
(d) Character and reputation of the If the penalty imposed by the trial court is
accused; imprisonment exceeding six (6) years, the
accused shall be denied bail, or his bail shall
(e) Age and health of the accused;
be cancelled upon a showing by the
(f) Weight of the evidence against the prosecution, with notice to the accused, of the
accused; following or other similar circumstances:
(g) Probability of the accused
appearing at the trial; (a) That he is a recidivist, quasi-
(h) Forfeiture of other bail; recidivist, or habitual delinquent, or
(i) The fact that accused was a has committed the crime aggravated
fugitive from justice when arrested; by the circumstance of reiteration;
and
(b) That he has previously escaped
(j) Pendency of other cases where the
from legal confinement, evaded
accused is on bail. sentence, or violated the conditions of
Excessive bail shall not be required. his bail without valid justification;
(c) That he committed the offense

while under probation, parole, or
conditional pardon;
(d) That the circumstances of his case

indicate the probability of flight if
released on bail; or
(e) That there is undue risk that he

may commit another crime during the
pendency of the appeal.
The appellate court may, motu proprio or on

motion of any party, review the resolution of
the Regional Trial Court after notice to the
adverse party in either case.

57
 It has been further been ruled that” after  Accusation is not synonymous with guilt.
one is convicted by the trial court, the  It is the responsibility of the prosecution to
presumption of innocence, and with it, the establish the defendant’s guilt beyond
constitutional right to bail, ends. (Leviste v. reasonable doubt; otherwise he is entitled
CA) to acquittal. Conviction will depend not on
 Bail is not intended as a punishment nor as the weakness of his defense but on the
in satisfaction of civil liability which should strength of the prosecution.
necessarily await the judgment of of the  The person accused of an offense is
appellate court. (Yap v. CA) confronted by the full panoply of State
authority; in a manner of speaking, he goes
RULE 114, SEC. 26, RULES OF COURT to bat with all the bases loaded. It is
important therefore, in the interest of
Bail not a bar to objections on illegal justice, to even up the odds, as it were, by
arrest, lack of or irregular preliminary
investigation. — An application for or guaranteeing him certain rights during his
admission to bail shall not bar the accused trial. Chief among these is the constitutional
from challenging the validity of his arrest or presumption of innocence.
the legality of the warrant issued therefor, or
 Indeed, suspicion no matter how strong
from assailing the regularity or questioning
the absence of a preliminary investigation of must never sway judgment. Where there is
the charge against him, provided that he reasonable doubt, the accused must be
raises them before entering his plea. The acquitted even though their innocence may
court shall resolve the matter as early as
practicable but not later than the start of the not have been established. The Constitution
trial of the case. presumes a person innocent until proven
guilty by proof beyond reasonable doubt.
When guilt is not proven with moral
 The principle that the accused is precluded
certainty, it has been the policy of long
from questioning the legality of his arrest
standing that the presumption of innocence
after arraignment is true only if he
must be favored, and exoneration granted
voluntarily enters his plea and participates
as a matter of right. (Fernandez v. People)
during trial, without previously invoking his
 Nevertheless, the constitutional
objections thereto. (Borlongan v. Pena)
presumption of innocence may be
 The power to order the release or transfer
overcome by contrary presumptions based
of a person under detention by legal
on the experience of human conduct.
process is vested in the court, not in the
Ex.:
provincial government, much less the
o Escape from detention during the
governor. (Ambil v. Sandiganbayan)
pendency of the case before the
Presumption of Innocence trial court is in itself an indication of
his guilt. But non-flight may not, on
ART. III, SEC. 14(2), 1987 CONSTITUTION its own, stand as proof of
innocence.
In all criminal prosecutions, the accused shall be o Failure on the part of the accused
presumed innocent until the contrary is proved, and
to explain his possession of stolen
shall enjoy the right to be heard by himself and
property may give rise to the
counsel, to be informed of the nature and cause of
the accusation against him, to have a speedy,
reasonable presumption that it was
impartial, and public trial, to meet the witnesses he himself who had stolen it.
face to face, and to have compulsory process to o Possession of dangerous drugs
secure the attendance of witnesses and the constitutes prima facie evidence of
production of evidence in his behalf. However, after knowledge or animus possidendi,
arraignment, trial may proceed notwithstanding the and would be sufficient to convict
absence of the accused provided that he has been unless the accused is able to
duly notified and his failure to appear is present a satisfactory explanation
unjustifiable.
of his possession of the same.
(People v. Lucio)

58
o Under the RPC, the inability of an Right to be Heard
accountable officer to produce
funds or property entrusted to him  Includes the right to present evidence in
will be considered prima facie one’s defense, as well as the right to be
evidence that he has appropriated present and defend oneself in person at
them to his personal uses. every stage of the proceedings
o The presumption of regularity in
the performance of official
functions cannot by itself affect the (1) Assistance of Counsel
constitutional presumption of  The right to counsel now begins from the
innocence enjoyed by an accused, time a person is taken into custody and
particularly when the prosecution’s placed under investigation for the
evidence is weak. The evidence of commission of a crime. Manifestly, this right
the prosecution must be strong becomes all important when he is already
enough to pierce the shield of this on trial and confronted by a skilled and
presumptive innocence and to experienced prosecutor.
establish the guilt of the accused  The right of the accused to counsel in
beyond reasonable doubt. Where criminal proceedings has never been
the evidence of the prosecution is considered subject to waiver. (Flores v.
insufficient to overcome this Ruiz)
presumption, necessarily the  Rationale for this right: The intricacies of
judgment of conviction of the trial courtroom procedure are not within the
must be set aside. The onus knowledge of the ordinary layman, let alone
probandi on the prosecution is not one who is ignorant and unlettered.
discharged by casting doubts upon  In criminal cases, the right of an accused
the innocence of an accused, but by person to be assisted by a member of the
eliminating all reasonable doubts as bar is immutable; otherwise, there would
to his guilt. (People v. Mirantes) be a grave denial of due process.
o It is incumbent on the accused, who  Counsel de oficio should not merely make
had admitted the killing, to the motions of defending the accused but
establish his case of self-defense exert his utmost efforts as if he were
instead of relying merely on the representing a paying client.
weakness of the prosecution.  It should be noted, however, that the right
(People v. Regulacion) to be silent and to the assistance of counsel
o Failure or refusal of the accused to may be waived during a custodial
testify may prejudice him if the investigation under Article III, Sec. 12(1).
prosecution has already established  The right to counsel does not cease after
a prima facie case against him. trial, but continue even where the case is
(People v. Resano) appealed.
 The duty to apprise the accused of the right  While constitutional rights may be waived,
to remain silent rests not with the court but such waiver must be clear and must be
with the defense counsel. (People v. coupled with an actual intention to
Tampus) relinquish the right.
 The constitutional mandate of presumption  The right to counsel is not absolute. If an
of innocence prevails until a promulgation accused repeatedly asks for the
of final conviction is made. (Trillanes v. postponement of his trial on the ground
Pimentel) that he is still looking for counsel de parte,
the court would be justified in appointing
for him a counsel de oficio.
 Where it is shown that an accused, out on
bail while his appeal is pending, had every
opportunity to contact his counsel of record

59
or procure the services of new counsel for RULE 110, SEC. 9, RULES OF COURT
purposes of properly pursuing said appeal,
he shall be considered as having lost this Cause of the accusation. — The acts or
remedy for failure to comply with the omissions complained of as constituting the
orders of the Court of Appeals requiring him offense and the qualifying and aggravating
to file his appellant’s brief. circumstances must be stated in ordinary and
 Negligence and mistakes of counsel are concise language and not necessarily in the
language used in the statute but in terms
binding on the client.
sufficient to enable a person of common
Nature and Cause if Accusation understanding to know what offense is being
charged as well as its qualifying and
 The defendant is entitled to know the aggravating circumstances and for the court
nature and cause of the accusation against to pronounce judgment.
him so he can adequately prepare for his
defense.  A complaint or information is sufficient if:
 An accused cannot be convicted of an o It states the name of the accused;
offense that is not clearly charged in the the designation of the offense
complaint of information. To convict him of given by the statute;
an offense other than that charged in the o the acts or omissions complained
complaint or information would be violative of as constituting the offense;
of the Constitutional right to be informed of o the name of the offended party;
the nature and cause of the accusation. o the approximate date of
Indeed, the accused cannot be convicted of commission of the offense; and
a crime, even if duly proven, unless the o the place where the offense was
crime is alleged or necessarily included in committed.
the information filed against him. (Patula v.  Test of sufficiency of an Information –
People) whether it enables a person of common
 Three-fold Purpose: understanding to know the charge against
1. To furnish the accused with such a him, and the court to render judgment
description of the charge against him as properly
will enable him to make his defense;  Purpose: to allow the accused to fully
2. To avail himself of his conviction or prepare for his defense, precluding
acquittal for protection against a surprises during trial
further prosecution for the same cause;  The description and not the designation of
3. To inform the court of the facts alleged, the offense is controlling. Hence, even if
so that it may decide whether they are there be an erroneous designation, the
sufficient in law to support a conviction. accused may be validly convicted of the
crime described in the information.
RULE 110, SEC. 8, RULES OF COURT  Although it is imperative in criminal
prosecutions to provide for the designation
Designation of the offense. —The complaint or in the Information of the specific statute
information shall state the designation of the violated so as to avoid surprise on the
offense given by the statute, aver the acts or accused and to afford him the opportunity
omissions constituting the offense, and specify to prepare his defense accordingly, the real
its qualifying and aggravating circumstances. If nature of the criminal charge is determined
there is no designation of the offense, not from the caption or preamble of the
reference shall be made to the section or Information, or from the specification of the
subsection of the statute punishing it. provision of law alleged to have been
violated, which are mere conclusions of law,
but by the actual recital of the facts in the
complaint or information.
 A mere change in the date of the
commission of the crime, if the disparity of

60
time is not great, is more formal than liability is to prohibit the introduction or
substantial. Such an amendment would not consideration against the accused of
prejudice the rights of the accused since the evidence that tends to establish that detail.
propose amendment would not alter the The allegations in the information are
nature of the offense. (Kummer v. People) controlling in the ultimate analysis. Thus,
when there is a variance between the
RULE 110, SEC. 14, RULES OF COURT offense charged in the information and that
proved, the accused shall be convicted of
Amendment or substitution. — A complaint or the offense proved included in the offense
information may be amended, in form or in
substance, without leave of court, at any time charged, or of the offense charged included
before the accused enters his plea. After the in the offense proved. In that regard, an
plea and during the trial, a formal amendment offense charged necessarily includes the
may only be made with leave of court and offense proved when some of the essential
when it can be done without causing
prejudice to the rights of the accused. elements or ingredients of the former, as
alleged in the information, constitute the
However, any amendment before plea, which latter, the offense charged is necessarily
downgrades the nature of the offense included in the offense proved when the
charged in or excludes any accused from the
complaint or information, can be made only essential ingredients of the former
upon motion by the prosecutor, with notice to constitute or form part of those constituting
the offended party and with leave of court. the latter. (People v. Valdez)
The court shall state its reasons in resolving
the motion and copies of its order shall be
 Aggravating/qualifying circumstances will
furnished all parties, especially the offended not add any essential element to the crime.
party. Neither will the use of such words further
apprise the accused of the nature of the
If it appears at any time before judgment that
charge. The specific allegation of the
a mistake has been made in charging the
proper offense, the court shall dismiss the attendant circumstance in the Information,
original complaint or information upon the couple with the designation of the offense
filing of a new one charging the proper and a statement of the acts constituting the
offense in accordance with section 19, Rule
119, provided the accused shall not be placed offense as required in Sections 8 and 9 of
in double jeopardy. The court may require the Rule 110, is sufficient to warn the accused.
witnesses to give bail for their appearance at (People v. de la Cruz)
the trial.
 Void-for-vagueness Rule – the defendant is
also denied the right to be informed of the
 The test as to when the rights of an accused charge against him, and to due process as
are prejudiced by the amendment of a well, where the statute itself is couched in
complaint or information is when a defense such indefinite language that is not possible
under the complaint or information, as it for men of ordinary intelligence to
originally stood, would no longer be determine therefrom what acts or
available after the amendment is made, and omissions are punished and, hence, should
when any evidence the accused might have, be avoided
would be inapplicable to the complaint or  The test in determining whether a criminal
information as amended. On the other statute is void for uncertainty is whether
hand, an amendment which merely state the language conveys a sufficiently definite
with additional precision something which warning as to the proscribed conduct when
is already contained in the original measured by common understanding and
information and which, therefore, adds practice. It must be stressed, however, that
nothing essential for conviction for the the “vagueness” doctrine merely requires a
crime charged is an amendment to form reasonable degree of certainty for the
that can be made at anytime. (Albert v. statute to be upheld – not absolute
Sandiganbayan) precision or mathematical exactitude, ad
 A practical consequence of the non- petitioner seem to suggest. Flexibility,
allegation of a detail that aggrevates his rather than meticulous specificity is

61
permissible as long as the metes and  The right to question the sufficiency of an
bounds of the statute are clearly Information is not absolute. An accused is
delineated. An act will not be held invalid deemed to have waived this right if he fails
merely because it might have been more to object upon his arraignment or during his
explicit in its wordings, or detailed in its trial.
provision. Especially where, because of the
nature of the act, it would be impossible to The Trial
provide all the details as in all other
 This requirement will call for no less than
statutes. (Estrada v. Sandiganbayan)
“the cold neutrality of an impartial judge,”
 Arraignment is indispensable in bringing the to insure that justice is done to the
accused to court and in notifying him of the defendant.
nature and cause of the accusations against
 It is now beyond dispute that due process
him.
cannot be satisfied in the absence of that
 The importance of arraignment is based on degree of objectivity on the part of a judge
the constitutional right of the accused to be sufficient to reassure litigants of his being
informed fair and just. (Mateo v. Villaluz)
 Procedural due process requires that the  In any event, convictions are based not on
accused be arraigned so that he may be the mere appearance of the accused but on
informed of the reason for his indictment, his actual commission of crime, to be
the specific charges he is bound to face, and ascertained with the pure objectivity of the
the corresponding penalty that could be true judge who must uphold the law for all
possibly meted against him. It is at this without favor or malice and always with
stage that the accused, for the first time, is justice. (People v. Opida)
given the opportunity to know the precise
 Publicity of the trial is necessary to prevent
charge that confronts him.
abuses that may be committed by the court
 The right to be informed of the nature and to the prejudice of the defendant. The
cause of the accusation against an accused people have a right to attend the
cannot be waived for reasons of public proceedings not only because of their
policy. interest therein but also so they can see
 Even if the accused were to enter a plea of whether or not the constitutional
guilty, the judge would still be bound to safeguards for the benefit of the accused
exercise extra care in informing the accused are being observed. The accused is also
of his rights and the consequences of his entitled to the company of his relatives and
plea guilty and in ascertaining the presence friends to give him the moral support he
of the different circumstances to be taken needs during his ordeal.
into account in the imposition of the proper  This rule is not absolute, however, for it is
penalty. competent for the court to bar the public in
 3 conditions that the trial court must certain cases, like rape trials, where the
observe to obviate an improvident plea of purpose of the spectators in attending the
guilty by the accused: proceedings might be only to pander their
(1) It must conduct a searching inquiry into morbid curiosity, more so since their
the voluntariness and full presence is likely to inhibit testimony and
comprehension by the accused of the embarrass some of the parties.
consequences of his plea;  Representatives of the press have no
(2) It must require the prosecution to special standing to apply for a writ of
present evidence to prove his guilt of mandate to compel a court to permit them
the accused and the precise degree of to attend a trial, since within the courtroom
culpability; and a reporter’s constitutional rights are no
(3) It must ask the accused whether he greater than those of any other member of
desires to present evidence on his the public. Massive intrusion of
behalf, and allow him to do so if he so representatives of the news media into the
desires. trial itself can also alter or destroy the

62
constitutionally necessary judicial requirements of procedural due process
atmosphere and decorum that the and an adherence to the Court’s standing
requirements of impartiality imposed by admonition that the discretion granted
due process of law are denied the judges in the granting or denial of motions
defendant and a defendant in a criminal for postponement and the setting aside or
proceeding should not be forced to run a denial of orders previously issued “should
gauntlet of reporters and photographers always be predicated on the consideration
each time he enters or leaves the that more than the mere convenience of
courtroom. (Re: Live TV and Radio Coverage the courts or the parties in the case, the
of the Hearing of President Corazon C. ends of justice and fairness would be served
Aquino’s Libel Case) thereby” are more important than a race to
 An accused has a right to a public trial but it end the trial. (Amberti v. CA)
is a right that belongs to him, more than  The right to a speedy trial, which begins
anyone else, where his life or liberty can be from the filing of the information, cannot
held critically in balance. A public trial aims be quantified into a specified number of
to ensure that he is fairly dealt with and days or months but must be examined in
would not be unjustly condemned and that the light of surrounding circumstances such
his rights are not compromised in secrete as the unavailability of witnesses. (Martin v.
conclaves of long ago. A public trial is not Ver)
synonymous with publicized trial; it only  Factors to be considered in ascertaining
implies that the court doors must be open whether the right to speedy disposition of
to those who wish to come, sit in the cases have been violated (Tilendo v.
available seats, conduct themselves with Ombudsman):
decorum and observe the trial process. In (1) The length of the delay;
the constitutional sense, a courtroom (2) The reasons for the delay;
should have enough facilities for a (3) The assertion or failure to assert such
reasonable number of the public to observe right by the accused; and
the proceedings, not too small as to render (4) The prejudice caused by the delay
the openness negligible and not too large as
to distract the trial participants from their SEC. 1(G), RULE 116, RULES OF COURT
proper functions, who shall then be totally
Unless a shorter period is provided by special
free to report what they have observed
law or Supreme Court circular, the
during the proceedings. (Perez v. Estrada)
arraignment shall be held within thirty (30)
 Speedy trial
days from the date the court acquires
Definition: one free from vexatious,
jurisdiction over the person of the accused.
capricious and oppressive delays
The time of the pendency of a motion to
Purpose: Intended to relieve the accused of
quash or for a bill of particulars or other
needless anxieties and inconveniences
causes justifying suspension of the
before sentence is pronounced upon him
arraignment shall be excluded in computing
 Inordinate delay in resolving a criminal
the period.
complaint, being violative of the
constitutionally guaranteed right to due
process and to the speedy disposition of
cases, warrants the dismissal of the criminal
case. (Angchonco, Jr. v. Ombudsman)
 The Court has consistently maintained that
although a speedy determination of an
action implies a speedy trial, speed is not
the chief objective of a trial. Careful and
deliberate consideration for the
administration of justice, a genuine respect
for the rights of all parties and the

63
SEC. 7 OF RA 8493 “THE SPEEDY TRIAL ACT (1) Trial in Absentia
OF 1998”  Requisites:
(1) The accused has already been
Time Limit Between Filing of arraigned;
Information and Arraignment and (2) He has been duly notified of the trial;
Between Arraignment and Trial. – The and
arraignment of an accused shall be (3) His failure to appear is unjustified
held within thirty (30) days from the  Purpose: to speed up the disposition of
filing of the information, or from the
criminal cases, trial of which could in the
date the accused has appeared before
past be indefinitely deferred, and many
the justice, judge or court in which the
charge is pending, whichever date last times completely abandoned, because of
occurs. Thereafter, where a plea of not the defendant’s escape
guilty is entered, the accused shall  Trial in absentia does not, however,
have at least fifteen (15) days to abrogate the provisions of the Rules of
prepare for trial. Trial shall commence Court regarding forfeiture of the bail bond if
within thirty (30) days from the accused fails to appear at his trial.
arraignment as fixed by the court.
If the accused pleads not guilty to the

crime charged, he/she shall state The Right of Confrontation
whether he/she interposes a negative
or affirmative defense. A negative  Twofold purpose:
defense shall require the prosecution (1) To afford the accused an opportunity to
to prove the guilt of the accused test the testimony of the witnesses by
beyond reasonable doubt, while an cross-examination
affirmative defense may modify the (2) To allow the judge to observe the
order of trial and require the accused
deportment of witnesses
to prove such defense by clear and
convincing evidence.  This constitutional requirement insures that
the witnesses will give his testimony under
oath, thus deterring lying by the threat of
 Although the trial is an indispensable and,
perjury charge; it forces the witness to
indeed, the most important part of the
submit to cross-examination, a valuable
proceedings against the accused, it has
instrument in exposing falsehood and
been held that the right to be present
bringing out the truth; and it enables the
thereat is a personal right and therefore
court to observe the demeanor of the
may be validly waived.
witness and assess his credibility. (People v.
 The presence of the accused may be
Seneris)
required if it is necessary for purposes of
 Normally there is less propensity to lie on
identification, that is, where the
the part of a witness when actually
prosecution intends to introduce witnesses
confronted by the accused than when the
who will identify him. (People v. Presiding
testimony is given behind his back.
Judge)
 Save in the case provided in the Rules of
 The right to be present at the trial may also
Court, like the dying declaration, the
be validly waived under the new rule
testimony of the witness against the
allowing trial in absentia.
accused is subject to cross-examination by
defense counsel.
 Depositions and ex parte affidavits are
inadmissible unless the persons making
them are presented in court for
examination on their statements by the
judge and the accused. Evidence of this
nature is hearsay and excluded by the Rules
of Court.

64
 The right of confrontation may be done ground for believing that he will not be able
through counsel; accused need not have to attend the trial, or resides more than one
face-to-face confrontation with their hundred kilometers from the place of trial
adversaries. (Marcos v. Garchitorena) and has no means to attend the same, or
 It has also been held that if a prosecution that, apart from the foregoing, other similar
witness dies before his cross-examination circumstance exist that would make him
can be completed, his direct testimony unavailable or prevent him from attending
cannot be stricken off the record, provided the trial.”
the material points of his direct testimony  He is also entitled to employ the various
had been covered on cross. methods of discovery allowed under the
 GR: The examination of witnesses must be Rules of Court.
done orally before a judge in an open court.  This right was not, along with the right to
XPN: the Rules of Court recognizes cross-examine, considered as applicable to
conditional examination of witnesses and a proceeding before the Court of Tax
the use of their depositions as testimonial Appeals, even if the subject of the
evidence in lieu of direct court testimony proceedings before said court was related
 While the right of a party to confront and to a pending preliminary investigation.
cross-examine opposing witnesses in a  Right to compulsory process must be
judicial litigation, be it criminal or civil in invoked during the trial. Failure to do so
nature, or in proceedings before constitutes a waiver that cannot be rectified
administrative tribunals with quasi-judicial or undone on appeal.
power, is a fundamental right which is part
Prohibited Punishments
of due process, this right, however, has
always been understood as requiring not
necessarily an actual cross-examination but
merely an opportunity to exercise the right
(1) Excessive fines shall not be imposed, nor
to cross-examine if desired. What is cruel, degrading or inhuman punishment
proscribed by statutory norm and inflicted. Neither shall the death penalty be
jurisprudential precept is the absence of the imposed, unless, for compelling reasons involving
opportunity to cross-examine. heinous crimes, the Congress hereafter provides
 Right to cross-examine is not without limit. for it. Any death penalty already imposed shall be
reduced to reclusion perpetua.
The trial court has the power to direct the
course of the trial either to shorten or to
(2) The employment of physical, psychological, or
extend the direct or cross examination of degrading punishment against any prisoner or
counsel. detainee or the use of substandard or
inadequate penal facilities under subhuman
Compulsory Process conditions shall be dealt with by law.
 The accused is entitled under the

 The old prohibition against “cruel or
Constitution to the issuance of subpoena
unusual punishment” has been rewritten to
and subpoena duces tecum for the purpose
cover “cruel, degrading or inhuman
of compelling the attendance of witnesses
punishment” to make the provision more
and the production of evidence that he may
comprehensive in line with the emphasis on
need for his defense.
the protection of human rights in Article XIII
 Failure to obey the process is punishable as
of the Constitution.
contempt of court; if necessary, the witness
 Mere fines and imprisonment are not
may even be arrested so he can give the
violative of the above sections. To be so,
needed evidence.
the penalty must be inhuman and
 In exceptional circumstances, the defendant
barbarous and shocking to the conscience.
may even ask for the conditional
Cruelty must be inherent in the penalty.
examination, provided the expected
 Torture is a cruel punishment because it
testimony is material, of any witness who is
involves a deliberate design to increase the
“so sick or infirm as to afford reasonable

65
suffering of the prisoner in a manner so  The Commission on Human Rights is
flagrant and oppressive as to revolt the especially entrusted with the enforcement
moral sense of the community. of the prohibition in Subsection 2, which, to
 But where an unforeseeable accident adds be really effective, must be provided with
to the suffering of the convict, a penalty “teeth” through the enactment of a law
otherwise valid does not become cruel or imposing the necessary sanctions upon
unusual. those violating the rule.
 The cruelty against which the Constitution
Double Jeopardy
protects a convicted man is cruelty inherent
in the method if punishment, not the
necessary suffering involved in any method
employed to extinguish life humanely. No person shall be twice put in jeopardy of
(Echegaray v. Secretary of Justice) punishment for the same offense. If an act is
 Mere severity does not constitute cruel and punished by a law and an ordinance,
unusual punishment. It takes more than conviction or acquittal under either shall
merely being harsh, excessive, out of constitute a bar to another prosecution for
proportion or severe for a penalty to be the same act.
obnoxious to the Constitution. To come
under the ban, the punishment must be  Res judicata in prison grey
flagrantly and plainly oppressive, wholly  Prohibits the prosecution again of any
disproportionate to the nature of the person for a crime which he has previously
offense as to shock the moral sense of the been acquitted or convicted
community.  The object is to set the effects of the first
 These principles notwithstanding , it has prosecution forever at rest, assuring the
been held that a penalty proportionate to accused that he shall not thereafter be
the offense may be imposed in some subjected to the dangers and anxiety of a
instances without violation of the second charge against him for the same
Constitution. This would be allowed, for offense
example, where the offense has become so  The principle of double jeopardy finds no
rampant as to require the adoption of a application in administrative cases.
more effective deterrent. However, while contempt is not a criminal
 The above observations are also applicable offense, it partakes of the nature of a
to the prohibition against the imposition of criminal action. Thus, the dismissal of the
excessive fines. It should be borne in mind indirect contempt charge against
that this prohibition is addressed not only respondent amounts to an acquittal, which
to the legislature but also to the judge who, effectively bars a second prosecution.
in the determination of the fine to be
imposed, must take into account the
financial condition of the convict, to
prevent the fine from being excessive, and
also discriminatory.
ART. 66, REVISED PENAL CODE
Imposition of fines. — In imposing fines the

courts may fix any amount within the limits
established by law; in fixing the amount in
each case attention shall be given, not only
to the mitigating and aggravating
circumstances, but more particularly to the
wealth or means of the culprit.

66
RULE 117, SEC. 7, RULES OF COURT A. Complaint or Information
 A prosecution based on an invalid
Former conviction or acquittal; double complaint or information cannot lead to a
jeopardy. — When an accused has been valid judgment and hence will not place the
convicted or acquitted, or the case against him
accused under jeopardy.
dismissed or otherwise terminated without his
express consent by a court of competent  Where the original information is defective
jurisdiction, upon a valid complaint or and the case is dismissed on motion of the
information or other formal charge sufficient in accused, it may be validly renewed with the
form and substance to sustain a conviction and
after the accused had pleaded to the charge, filing or corrected information. But if,
the conviction or acquittal of the accused or without the express consent of the accused,
the dismissal of the case shall be a bar to the information is dismissed on the ground
another prosecution for the offense charged, or
that it is defective when it is not so in fact,
for any attempt to commit the same or
frustration thereof, or for any offense which another prosecution based on the same
necessarily includes or is necessarily included allegation constitute double jeopardy.
in the offense charged in the former complaint B. Competent Court
or information.
 A court without jurisdiction cannot render a
However, the conviction of the accused shall valid judgment; hence, a person charged
not be a bar to another prosecution for an before it cannot plead double jeopardy
offense which necessarily includes the offense when tried anew for the same offense by a
charged in the former complaint or information
under any of the following instances: competent court, as the first prosecution
never placed him in jeopardy.
(a) the graver offense developed due  Double jeopardy requires valid previous
to supervening facts arising from the proceedings.
same act or omission constituting the
former charge;  Where a court martial and a civil court have
concurrent jurisdiction, a decision by one
(b) the facts constituting the graver court will bar another prosecution for the
charge became known or were same offense in the other court. (Crisologo
discovered only after a plea was
entered in the former complaint or v. People)
information; or  Where an information is motu propio
dismissed for lack of jurisdiction by a court
(c) the plea of guilty to the lesser which is actually competent to hear it, the
offense was made without the consent
of the prosecutor and of the offended dismissal will inure to the benefit of the
party except as provided in section 1 accused, who is entitled to plead double
(f) of Rule 116. jeopardy. (US v. Regala)
C. Valid Plea
In any of the foregoing cases, where the
accused satisfies or serves in whole or in part  A defendant is never placed under jeopardy
the judgment, he shall be credited with the until after he shall have pleaded to the
same in the event of conviction for the graver charge against him during the arraignment.
offense.
 While under Sec. 5 of Rule 117 of the Rules
of Court, “the grant of a motion to quash
(1) Requisites
filed by the defendant before he makes his
1. A valid complaint or information;
plea can be appealed as the defendant has
2. Filed before a competent court;
not been placed in jeopardy,” under Sec. 6
3. To which the defendant had pleaded;
of the same rule, said dismissal would not
and
stand as a bar to another prosecution for
4. Of which he had been previously
the same offense “unless the basis for the
acquitted or convicted or which was
dismissal is the extinction of criminal
dismissed or otherwise terminated
liability and double jeopardy.”
without his express consent

67
D. Termination of Case  Cases where the accused cannot invoke
 Judgment of conviction is appealable within double jeopardy:
15 days but becomes final if the convict o Grant of a motion to quash which is
starts serving his sentence even before the file before the defendant makes his
expiration of this period. plea
 GR: A dismissal with the express consent of o Accused is acquitted without giving
the accused will not bar another the prosecution its day in court
prosecution for the same offense, as the o Order of dismissal or acquittal
said consent is considered a waiver of his made with grave abuse of
right against double jeopardy. discretion amounting to lack of
 Where the accused succeeds in having the jurisdiction
case dismissed on the ground that the o Where the case was dismissed on
information is insufficient, he cannot upon the ground of delay caused by the
filing of a corrected information invoke defendant itself
double jeopardy by claiming that the  In criminal cases, the acquittal of the
original information was sufficient. Neither accused or the dismissal of the case against
can he, upon dismissal of a case on his him can only be appealed by the Solicitor
motion for lack of jurisdiction, question his General, acting on behalf of the State. The
prosecution for the same offense before private complainant or the offended party
another court, on the ground that the first may question such acquittal or dismissal
court had jurisdiction after all. only insofar as the civil liability of the
 Dismissal, even if with the express consent accused is concerned.
of the accused, will give rise to double  The government cannot appeal from an
jeopardy if the same is based on: acquittal or for the purpose of increasing or
o Insufficiency of the evidence of the modifying a penalty even if the decision be
prosecution not in accordance with law.
o Made on the basis of a demurrer to
evidence
o If there is a violation of the right of 2) Crimes Covered
the accused to a speedy trial  If the four above-stated elements of double
 Under these grounds, the dismissal would jeopardy are present, the accused may not
be tantamount to an acquittal. be prosecuted anew for the original offense
charged, or for any attempt to commit the
same or frustration thereof, or for any
1) Appeal of Prosecution offense which necessarily includes or is
 A judgment of acquittal is final and is no necessarily included in the offense charged
longer reviewable. in the original complaint or information.
 A verdict of acquittal is immediately final
and a re-examination of the merits of such
acquittal, even in the appellate courts, will a.) Doctrine of Supervening Event
put the accused in jeopardy for the same  The accused may be prosecuted for another
offense. offense if a subsequent development
 A judgment of acquittal cannot be changes the character of the first
reconsidered because it places the accused indictment under which he may have
under double jeopardy. already been charged or convicted.
 The prosecution can appeal where the
accused is deemed to have waived or is
estopped from invoking his right against
double jeopardy.

68
RULE 117, SEC. 7, RULES OF COURT perfectly distinct in point of law, however
closely they may appear to be connected in
Former conviction or acquittal; double fact. Protection against double jeopardy
jeopardy. — When an accused has been may be invoked only for the same offense
convicted or acquitted, or the case against or identical offense. Where two different
him dismissed or otherwise terminated
without his express consent by a court of laws (or articles of the same code) define
competent jurisdiction, upon a valid complaint two crimes, prior jeopardy as to one of
or information or other formal charge them is no obstacle to a prosecution of the
sufficient in form and substance to sustain a
other, although both offenses arise from
conviction and after the accused had pleaded
to the charge, the conviction or acquittal of the same technical offense. Where two
the accused or the dismissal of the case shall different laws (or articles of the same code)
be a bar to another prosecution for the define two crimes, prior jeopardy as to one
offense charged, or for any attempt to commit
the same or frustration thereof, or for any of them is no obstacle to a prosecution of
offense which necessarily includes or is the other, although both offenses arise
necessarily included in the offense charged in from the same facts, if each crime involves
the former complaint or information.
some important act which is not an
However, the conviction of the accused shall essential element of the other. (Perez v. CA)
not be a bar to another prosecution for an
offense which necessarily includes the Act Violating Law and Ordinance
offense charged in the former complaint or
information under any of the following  If an act is punished by a law and an
instances: ordinance, conviction or acquittal under
either shall constitute a bar to another
(a) the graver offense developed due
to supervening facts arising from the
prosecution for the same act.
same act or omission constituting the  Our Bill of Rights deal with two (2) kinds of
former charge; double jeopardy. The first sentence of
clause 20, Section 1, Article III of the
(b) the facts constituting the graver
charge became known or were
Constitution, ordains that no person shall
discovered only after a plea was be twice put in jeopardy of punishment for
entered in the former complaint or the same offense. The second sentence of
information; or said clause provides that if an act is
punished by a law and an ordinance,
(c) the plea of guilty to the lesser
offense was made without the conviction, or acquittal under either shall
consent of the prosecutor and of the constitute a bar to another prosecution for
offended party except as provided in the same act. Thus, the first sentence
section 1 (f) of Rule 116.
prohibits double jeopardy of punishment
In any of the foregoing cases, where the for the same offense, whereas the second
accused satisfies or serves in whole or in part contemplates double jeopardy of
the judgment, he shall be credited with the punishment for the same act. Under the
same in the event of conviction for the graver
offense. first sentence, one may be twice put in
jeopardy of punishment for the same act,
b.) Inseparable Offenses provided that he is charged with different
 Where one offense inseparable from offenses, or of the offense charged in one
another and proceeds from the same act, case is not included in, or does not include,
they cannot be the subject of separate the crime charged in the other case. The
prosecutions. second sentence applies, even if the offense
 However, it is possible for one act to give charged are not the same, owing to the fact
rise to several crimes, in which case that one constitutes a violation of an
separate prosecutions for each crime may ordinance and the other a violation of a
be filed, provided the elements of the statute. If the two charges are based on one
several crimes are not identical. and the same act, conviction or acquittal
 A plea of double jeopardy cannot be under either the law or the ordinance shall
accorded merit where two indictments are bar a prosecution under the other.

69
Incidentally, such conviction or acquittal is law and the Supreme Court with various
not indispensable to sustain the plea of exemptions in terms of legal fees, including
double jeopardy of punishment for the docket and other legal fees. Although it has
same offense. So long as jeopardy has been found not to be exempt from the
attached under one of the informations payment of sheriff’s fees, it has been
charging said offense, the defense may be authorized to serve the summonses,
availed of in the other case involving the subpoenas and other court processes in
same offense, even if there has been behalf of its clients so as to relieve them
neither conviction nor acquittal in either from the burden of paying for the sheriff’s
case. (Yap v. Lutero) expenses usually paid for the purpose.
RULE 3, SEC. 21, 1997 RULES OF CIVIL

PROCEDURE
CHAPTER 21
Indigent party.
FREE ACCESS TO COURTS
A party may be authorized to litigate his
ART. III, SEC. 11, 1987 CONSTITUTION action, claim or defense as an indigent if the
court, upon an ex parte application and
Free access to the courts and quasi- hearing, is satisfied that the party is one who
judicial bodies and adequate legal has no money or property sufficient and
assistance shall not be denied to any available for food, shelter and basic
person by reason of poverty. necessities for himself and his family.
 Inspired by the social justice policy and Such authority shall include an exemption
covered by the equal protection clause, this from payment of docket and other lawful fees,
rule has been implemented by several and of transcripts of stenographic notes which
provisions of the Rules of Court in favor of the court may order to be furnished him. The
the pauper litigant and by such laws as the amount of the docket and other lawful fees
Laurel law, which permits the provisional which the indigent was exempted from paying
release of the accused without the shall be a lien on any judgment rendered in
necessity of posting bail under certain the case favorable to the indigent, unless the
conditions. court otherwise provides.cralaw
 The Integrated Bar of the Philippines
Any adverse party may contest the grant of
provides deserving indigents with free legal
such authority at any time before judgment is
aid and similar services are available from
rendered by the trial court. If the court should
the Department of Justice to litigants who
determine after hearing that the party
cannot afford retained counsel. There are
declared as an indigent is in fact a person with
also private legal assistance organizations
sufficient income or property, the proper
now functioning for the benefit of
docket and other lawful fees shall be assessed
penurious clients who otherwise might be
and collected by the clerk of court. If payment
unable to resort to the courts of justice
is not made within the time fixed by the court,
because only of their misfortune of being
execution shall issue for the payment thereof,
poor.
without prejudice to such other sanctions as
 At the forefront among these agencies the court may impose.
which provide indigent litigants with legal
services, counselling and assistance is the
Public Attorney’s Office (PAO) which is
attached to the Department of Justice and
has scores of offices and hundreds of
lawyers all over the country.
 Because of the importance of its role in our
society, it has been provided by both the

70
RULE 141, SEC. 18, RULES OF COURT prerogatives which may be denied
Indigent-litigants exempts from payment of
the alien, although both of them
legal fees. — Indigent litigants (a) whose gross come under the term “person” as
income and that of their immediate family do protected by the due process and
not exceed four thousand (P4,000.00) pesos a
equal protection clauses.
month if residing in Metro Manila, and three
thousand (P3,000.00) pesos a month if - The most common method of
residing outside Metro Manila, and (b) who do acquisition of citizenship is by
not own real property with an assessed value birth
of more than fifty thousand (P50,000.00)
o Jus sanguinis
pesos shall be exempt from the payment of
legal fees.  Citizenship is
conferred by virtue of
The legal fees shall be a lien on any judgment
rendered in the case favorably to the indigent blood relationship
litigant, unless the court otherwise provides. o Jus soli
To be entitled to the exemption herein
 Citizenship is
provided, the litigant shall execute an affidavit conferred by virtue of
that he and his immediate family do not earn the place of birth
a gross income abovementioned, nor they
own any real property with the assessed value Citizens of the Philippines
aforementioned, supported by an affidavit of
a disinterested person attesting to the truth of ART. IV, SEC. 1, 1987 CONSTITUTION
the litigant's affidavit.
The following are citizens of the
Any falsity in the affidavit of a litigant or Philippines:
disinterested person shall be sufficient cause
to strike out the pleading of that party, [1] Those who are citizens of the
without prejudice to whatever criminal Philippines at the time of the adoption
liability may have been incurred. of this Constitution;
[2] Those whose fathers or mothers

are citizens of the Philippines;
[3] Those born before January 17,

1973, of Filipino mothers, who elect
CHAPTER 22 Philippine citizenship upon reaching
the age of majority; and
CITIZENS OF THE PHILIPPINES
[4] Those who are naturalized in
accordance with law.
Citizenship
- Membership in a political
community with all its
concomitant rights and
responsibilities
- Whether natural-born or
naturalized, this status confers
upon the individual certain

71
(1) Citizenship Under the 1935 Constitution (2) Children of Filipino Parents
ART. IV, SEC. 1, 1935 CONSTITUTION
The following are citizens of the

Philippines:
(1) Those who are citizens of the

Philippine Islands at the time of the
adoption of this Constitution.
•Only children born to Filipino
(2) Those born in the Philippine Islands fathers were granted natural-
born citizenship under the
of foreign parents who, before the Commonwelath Constitution.
adoption of this Constitution, had been •If the child was born to an
elected to public office in the Philippine alien father and a Filipino
Islands. mother, he followed the
ciitizenship of the father and
acquired at best only an
(3) Those whose fathers are citizens of inchoate Philippine
the Philippines. 1935 citizenship which he could
perfect by election upon
(4) Those whose mothers are citizens
Constitution attaining majority age.
•XPN: where the child was
of the Philippines and, upon reaching born out of lawful wedlock, in
the age of majority, elect Philippine which case he acquired the
citizenship. citizenship of the only legally
known parent
(5) Those who are naturalized in
accordance with law.
 Also included are those who were •the child is considered a

natrual-born Filipino citizen
considered or became citizens of the provided either of his parents
Philippines under the 1973 Constitution so is a Filipino citizen
long as they retained their Philippine •the Filipino citizenship of the
mother will now also confer
citizenship on February 2, 1987, when the natural-born Philippine
new Constitution was adopted. citizenship upon the child,
wihtout the necessity of
election as before upon
New Rule attaining majority age.
•has prospectiv application
only, beginning on the date of
the effectivity of the 1973
Constitution, where it was
first adopted

72
 If the citizenship of a person was subject to  Statutory formalities for electing Philippine
challenge under the old charter, it remains citizenship:
subject to challenge under the new chapter (1) A statement of election under oath;
even if the judicial challenge had not been (2) An oath of allegiance to the
commenced before the effectivity of the Constitution and Government of the
new Constitution. (In re: Application for Philippines; and
Admission to the Philippine Bar. Vicente D. (3) Registration of the statement of
Ching) election and of the oath with the
 It is a settled rule that only legitimate nearest civil registry
children follow the citizenship of the father
and that illegitimate children are under the
parental authority of the mother and follow (4) Naturalization
her nationality. An illegitimate child of a
Filipina need not perform any act to confer  DEFINTION: A process by which a foreigner
upon him all the rights and privileges acquires, voluntarily or by operation of law,
attached to citizens of the Philippines; he the citizenship of another state.
automatically becomes a citizen himself. o Direct Naturalization
(Republic v. Sagun) Effected by:
 Accordingly, one born to a father who has 1. By individual proceedings,
been naturalized as a Filipinos himself to be usually judicial, under general
considered a Filipino citizen born to a naturalization laws;
Filipino father. 2. By special act of the legislature,
often in favor of distinguished
foreigners who have rendered
some notable service to the
(3) Election of Philippine Citizenship
local state;
 The right of election permitted under the
3. By collective change of
present Constitution was available only to
nationality as a result of cession
those born to Filipino mothers under the
or subjugation
1935 Constitution who, had that charter not
4. In some cases, by adoption of
been changed, would have been able to
orphan minors as nationals of
elect Philippine citizenship upon attaining
the State where they are born
majority age.
o Derivative Naturalization
 Obviously, election is not necessary in the
Conferred on:
case of the child born to a Filipino mother
1. The wife of the naturalized
under the present Constitution as he would
husband
himself be considered a Filipino citizen at
2. On the minor children of the
birth.
naturalized parent
 It should be noted, however, that if for
3. On the alien woman upon
some reason or another the Filipino mother
marriage to a national
lost her citizenship upon marriage to a
foreigner, the right of election – which
would have been available if the birth had
occurred under the old Constitution – A. Procedure
cannot be claimed by the offspring born  Under existing laws, an alien may acquire
under the new Constitution. The right of Philippine citizenship through either judicial
election was available only if the Filipino naturalization under CA 473 or
mother’s child was born before the 1973 administrative naturalization under RA 9139
Constitution took effect. (Administrative Naturalization Law of 2000)

73
 STEPS:  Qualifications
1. He must be not less than 18 years of
age on the date of the hearing of the
At least one year before he files his petition for naturalization, the petition;
appllicant shall file with the Office of the Solicitor General
adeclaration of his intention to be a citizen of the Philippines. 2. He must have resided in the Philippines
for a continuous period of not less than
10 years;
3. He must be of good moral character
and believe in the principles underlying
the Philippine Constitution, and must
have conducted himself in a proper and
The next step is the filing of the petition for naturalization with the
regional trial court of the province or city where the petitioner has irreproachable manner during the
resided for at least one year.
entire period of his residence in the
Philippines in relation with the
constituted government as well as the
community in which he is living;
4. He must own a real estate in the
upon receipt of the petition, the clerk of court shall have the duty Philippines worth not less than P5,000
of publishing the same in the Official Gazette and in one or must have some known lucrative
newspaper of general circulation in the province or city once a
week for 3 consecutive weeks and to post notices thereof and of trade, profession or lawful occupation;
the hearing.
 The qualification of “some
known lucrative trade,
profession, or lawful
occupation” means “not only
At least 6 mos after the last publication, but in no case within 30
that the person having the
days before any election, the hearing shall begin, at which the employment gets enough for
petitioner shall establish all the allegations of his petition, to be
corroborated by at least 2 credible witnesses. The Republic of the his ordinary necessities in life. It
Philippines shall be represented by the SolGen or his authorized
represenative, who may be the provincial or city prosecutor. must be shown that the
employment gives one an
income such that there is an
appreciable margin of his
income over his expenses as to
If the petitioner is able to prove that he has all the qualifications
and none of the disqualifications for naturalization, his petition be able to provide for an
shall be granted and the decision shall become final after 30 days
from notice. However, it shall become executory only after the adequate support in the event
period of 2 years during which the petitioner shall continue to be
under probation, as it were, so the government can be doubly sure of unemployment, sickness, or
he is entitled to be naturalized as a citizen of the Philippines. disability to work and thus
avoid one’s becoming the
object of charity or a public
charge.”
Following the 2-yr probation period, the applicant may apply for  In determining the existence of
administration of the oath of citizenship in accordance with the
decision approving his petition for naturalization. The Court shall a lucrative income, the courts
grant this motion provided it is established that the petitioner has
not left the Philippines, has devoted himself to a lawful calling, has should consider only the
not been convicted of any violation of law and has not committed
any act in contravention of any government-announced policy. applicant’s income; his or her
spouse’s income should not be
included in the assessment. For
under the law the petitioner
should be the one to possess
The last step in the naturalization process is the administration of “some known lucrative trade
the oath of citizenship, by virtue of which the petitioner shall
embrace Philippine citizenship and renounce allegiance to any profession or lawful
foreign State.
occupation” to qualify him to
become a Filipino citizen.
5. He must be able to speak and write

74
English or Spanish and any of the 6. Person who, during the period of their
principal Philippine languages; residence in the Philippines, have not
6. He must have enrolled his minor mingled socially with the Filipinos, or
children of school age in any of the who have not evinced a sincere desire
public schools or private schools to learn and embrace the customs,
recognized by the Office of Private traditions, and ideals of the Filipinos;
Education in the Philippines, where 7. Citizens or subjects of nations with
Philippine history, government and whom the Philippines is at war, during
civics are taught or prescribed as part of the period of such war;
the residence in the Philippines 8. Citizens or subjects of a foreign country
required of him prior to the hearing of whose laws do not grant Filipinos the
his petition for naturalization as right to become naturalized citizens or
required for naturalization as a subject thereof.
Philippine citizen.  Naturalization laws are strictly construed in
 Special qualifications to reduce the 10-yr the government’s favor and against the
requirement to 5 years: applicant. The applicant carries the burden
1. Having honorably held office under the of proving his full compliance with the
Government of the Philippines or under requirement of law.
that of any of the provinces, cities,  R.A. No. 9139 (Administrative
municipalities, or political subdivisions Naturalization Law of 2000)
thereof;  Provides for the grant of
2. Having established a new industry or Philippine citizenship by
introduced a useful invention in the administrative proceedings
Philippines; subject to certain requirements
3. Being married to a Filipino woman; dictated by national security and
4. Having been engaged as a teacher in interest.
the Philippines in a public or recognized  Requirements:
private school not established for the 1. Must be born in the
exclusive instruction of children of Philippines and residing
persons of a particular nationality or therein since birth;
race, in any of the branches of 2. Not be less than 18 yrs of
education or industry for a period of age, at the time of filing of
not less than 2 years; his/her petition;
5. Having been born in the Philippines 3. Be of good moral character
 Disqualified from naturalization: and believes in the
1. Persons opposed to organized underlying principles of the
government or affiliated with any Constitution, and must have
association or group of persons who conducted himself/herself in
uphold and teach doctrines opposing all a proper and irreproachable
organized governments; manner during his/her entire
2. Persons defending or teaching the period of residence in the
necessity or propriety of violence, Philippines in his relation
personal assault, or assassination for with the duly constituted
the success and predominance of their government as well as with
ideas; the community in which
3. Polygamist or believers in the practice he/she is living;
of polygamy; 4. Must have received his/her
4. Persons convicted of crimes involving primary and secondary
moral turpitude; education in any public
5. Persons suffering from mental school or private educational
alienation or incurable contagious institution duly recognized
diseases; by DECS, where Philippine

75
history, government and practice of polygamy;
civics are taught and d. Those convicted of crimes
prescribed as part of the involving moral turpitude;
school curriculum and where e. Those suffering from mental
enrollment is not limited to alienation or incurable
any race or nationality: contagious diseases;
provided, that should he/she f. Those who, during the period
have minor children of of their residence in the
school age, he/she must Philippines, have not mingled
have enrolled them in similar socially with Filipinos, or who
schools; have not evinced a sincere
5. Must have a known trade, desire to learn and embrace
business, profession or the customs, traditions and
lawful occupation, from ideals of the Filipinos;
which he/she derives income g. Citizens or subjects with
sufficient for his/her support whom the Philippines is at
and if he/she is married war, during the period of such
and/or has dependents, also war; and
that of his/her family: h. Citizens or subjects of a
provided, however, that this foreign country whose laws
shall not apply to applicants do not grant Filipinos the
who are college degree right to be naturalized
holders but are unable to citizens or subjects thereof.
practice their profession
because they are disqualified -------------------------------------------
to do so by reason of their SEC. 5, ADMINISTRATIVE NATURALIZATION LAW
citizenship; (R.A. 9139)
6. Must be able to read, write
and speak Filipino or any of Petition for Citizenship. — (1) Any person
the dialects of the desiring to acquire Philippine citizenship
Philippines; and under this Act shall file with the Special
7. Must have mingled with the Committee on Naturalization created under
Filipinos and evinced a Section 6 hereof, a petition of five (5)
sincere desire to learn and copies legibly typed and signed,
thumbmarked and verified by him/her, with
embrace the customs,
the latter’s passport-sized photograph
traditions and ideals of the
attached to each copy of the petition, and
Filipino people. setting forth the following:
 Not qualified to be naturalized
under this law: (a) The petitioner’s name and surname, and
a. Those opposed to organized any other name he/she has used or by
government or affiliated with which he/she is known;
any association of group of
persons who uphold and (b) The petitioner’s present and former
places of residence;
teach doctrines opposing all
organized governments;
(c) The petitioner’s place and date of birth,
b. Those defending or teaching the names and citizenship of his/her
the necessity of or propriety parents and their residences;
of violence, personal assault
or assassination for the (d) The petitioner’s trade, business,
success or predominance of profession or occupation, and if married,
their ideas; also that of his/her spouse;
c. Polygamist or believers in the
(e) Whether the petitioner is single or

76
married or his/her marriage is annulled. If petitioner for at least a period of ten (10)
married, petitioner shall state the date and years and that said petitioner has in their
place of his/her marriage, and the name, own opinion all the qualifications necessary
date of birth, birthplace, citizenship and to become a citizen of the Philippines and is
residence of his/her spouse; and if his not in any way disqualified under the
marriage is annulled, the date of decree of provisions of this Act;
annulment of marriage and the court which
granted the same; (f) A medical certificate that petitioner is not
a user of prohibited drugs or otherwise a
(f) If the petitioner has children, the name, drug dependent and that he/she is not
date and birthplace and residences of afflicted with acquired immune deficiency
his/her children; syndrome (AIDS);
(g) A declaration that the petitioner (g) School diploma and transcript of records
possesses all the qualifications and none of of the petitioner in the schools he attended
the disqualifications under this Act; in the Philippines. Should the petitioner
have minor children, a certification that his
(h) A declaration that the petitioner shall children are enrolled in a school where
never be a public charge; and Philippine history, government and civics
are taught and are part of the curriculum;
(i) A declaration that it is the petitioner’s and
true and honest intention to acquire
Philippine citizenship and to renounce (h) If gainfully employed, the income tax
absolutely and forever any prince, return for the past three (3) years.
potentate, State or sovereign, and
particularly the country of which the --------------------------------------------
applicant is a citizen or subject.
SEC. 11, ADMINISTRATIVE NATURALIZATION LAW
(2) The application shall be accompanied OF 2000 (R.A. 9139)
by:
Status of Alien Wife and Minor Children. —
(a) Duplicate original or certified After the approval of the petition for
photocopies of petitioner’s birth certificate; administrative naturalization and cancellation of
applicant’s alien certificate of registration,
(b) Duplicate original or certified applicant’s alien lawful wife and minor children
photocopies of petitioner’s alien certificate may file a petition for cancellation of their alien
of registration and native born certificate of certificates of registration with the Committee
residence; subject to the payment of the filing fee of
Twenty thousand pesos (₱20,000.00) and
(c) Duplicate original or certified naturalization fee of Forty thousand pesos
photocopies of petitioner’s marriage (₱40,000.00) payable as follows: Twenty
certificate, if married, or the death certificate thousand pesos (₱20,000.00) upon the
of his spouse, if widowed, or the court approval of the petition and Twenty thousand
decree annulling his marriage, if such was pesos (₱20,000.00) upon the taking of the oath
the fact;
of allegiance to the Republic of the Philippines.
(d) Duplicate original or certified --------------------------------------
photocopies of birth certificates, alien
certificate of registration or native born SEC. 12, ADMINISTRATIVE NATURALIZATION LAW
certificate of residence if any, of petitioner’s OF 2000 (R.A. 9139)
minor children, wherever applicable;
Status of Alien Husband and Minor Children.
(e) Affidavit of financial capacity by the — If the applicant is a married woman, the
petitioner, and sworn statements on the approval of her petition for administrative
good moral character of the petitioner by at naturalization will not benefit her alien husband
least two (2) Filipino citizens of good but her minor children may file a petition for
reputation in his/her place of residence cancellation of their alien certificates of
stating that they have personally known the registration with the BI subject to the

77
requirements of existing laws. this order of nobility before the Special
Committee or its duly authorized
--------------------------------- representative, and such renunciation shall
be included in the records of his application
SEC. 13, ADMINISTRATIVE NATURALIZATION LAW
for citizenship.
OF 2000 (R.A. 9139)
-----------------------------------------
Cancellation of the Certificate of
Naturalization. — The Special Committee B. Effects
may cancel certificates of naturalization  Shall confer upon the petitioner all the
issued under this Act in the following cases: rights of a Philippine citizen except only
those reserved by the Constitution to
(a) If it finds that the naturalized person or
natural-born citizens of the Philippines
his duly authorized representative made
any false statement or misrepresentation or  Shall also vest Philippine citizenship upon
committed any violation of law, rules and his wife if she might herself be lawfully
regulations in connection with the petition naturalized
for naturalization, or if he otherwise obtains  His minor children born in the Philippines
Philippine citizenship fraudulently or shall so be considered citizens of the
illegally, the certificate of naturalization shall Philippines
be cancelled;
 The minor child born outside the Philippines
who was residing in this country at the time
(b) If the naturalized person or his wife, or
any of his minor children who acquire of naturalization of the petitioner shall also
Filipino citizenship by virtue of his be considered a Filipino
naturalization shall, within five (5) years  If born outside the Philippines before his
next following the grant of Philippine parent’s naturalization, the minor child shall
citizenship, establish permanent residence be considered a citizen of the Philippines
in a foreign country, that individual’s only during his minority unless he begins to
certificate of naturalization or acquired
reside permanently in the Philippines while
citizenship shall be cancelled or
still a minor
revoked: Provided, That the fact of such
person’s remaining for more than one (1)  If the child was born outside the Philippines
year in his country of origin, or two (2) years after his parent’s naturalization, he shall be
in any foreign country, shall be considered considered a citizen of the Philippines
prima facie evidence of intent to provided he registers as such before any
permanently reside therein; Philippine consulate within 1 year after
attaining majority age and takes the oath of
(c) If the naturalized person or his wife or allegiance.
child with acquired citizenship allows
 No election of Philippine citizenship shall be
himself or herself to be used as a dummy in
violation of any constitutional or legal accepted for registration under C.A. No. 625
provision requiring Philippine citizenship as unless the party exercising the right of
a condition for the exercise, use or election has complied with the requirement
enjoyment of a right, franchise or privilege, of the Alien Registration Act of 1950.
the certificate of naturalization or acquired (Republic v. Sagun)
citizenship shall be cancelled or revoked;  Obtaining an Alien Certificate of
and
Registration is not tantamount to a
repudiation of original citizenship. Neither
(d) If the naturalized person or his wife or
child with acquired citizenship commits any may it result in an acquisition of alien
act inimical to national security, the citizenship. (Valles v. COMELEC)
certificate of naturalization or acquired  There is no specific legislation authorizing
citizenship shall be cancelled or revoked. the institution of a judicial proceeding to
declare that a given person is part of our
In case the naturalized person holds any citizenry. (Tan v. Republic)
hereditary title, or belong to any order of
nobility, he shall make an express
renunciation of his title or membership in

78
C. Revocation
 Grounds for denaturalization:
a. Certificate of naturalization was
obtained fraudulently
b.

79

Consti 2 Notes Final

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CONSTITUTIONAL LAW government, to assign to the

several departments their

CONSTITUTIONAL LAW 2 | cassielawst.blogspot.com

The Consitution of the Philippines is written, PERMANENCE OF THE CONSTITUTION

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1. Orthodox view  Inherent and do not need to be expressly

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CHAPTER 5 Tests to determine the validity of a police measure

THE POLICE POWER (1) The interests of the public generally, as

CONSTITUTIONAL LAW 2 | cassielawst.blogspot.com

1.) Rational relationship test

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CONSTITUTIONAL LAW 2 | cassielawst.blogspot.com

ART. VI, SEC. 28(1), 1987 CONSTITUTION

The rule of taxation shall be uniform and

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- Connotes that taxes should be Charitable institutions, churches,

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“No person shall be deprived of life, liberty

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- Anything that can come under the right of JURISDICTION

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- Notice to a party is essential to enable it to - Not essential to the right to a hearing

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REQUIREMENTS FOR REASONABLE

1. It must be based upon substantial

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CONSTITUTIONAL LAW 2 | cassielawst.blogspot.com

Other pertinent provisions

CHAPTER 12 ART. VI, SEC. 28(3), 1987 CONSTITUTION

FREEDOM OF RELIGION Charitable institutions, churches, parsonage or

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CONSTITUTIONAL LAW 2 | cassielawst.blogspot.com

CONSTITUTIONAL LAW 2 | cassielawst.blogspot.com

CONSTITUTIONAL LAW 2 | cassielawst.blogspot.com

CONSTITUTIONAL LAW 2 | cassielawst.blogspot.com

CONSTITUTIONAL LAW 2 | cassielawst.blogspot.com

- Includes statutes enacted by the

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CONSTITUTIONAL LAW 2 | cassielawst.blogspot.com

(1) Characteristics Crime

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