Constitutional Law 2 Outlined Notes

Topic I: Introduction
A. Constitutional law defined

 It is the study of the maintenance of the proper balance between authority as

represented by the three inherent powers of the State and liberty as guaranteed by
the Bill of Rights.
 Role- to effect an equilibrium between authority and liberty so that rights are
exercised within the framework of the law and the laws are enacted with due
deference to rights.
 Cooley: “that body of rules and maxims in accordance with which the powers of
sovereignty are habitually exercised”
 Justice Malcom : “the written instrument enacted by direct action of the people by
which the fundamental powers of the government are established, limited and
defined, and by which those powers are distributed among the several departments
for their safe and useful exercise for the benefit of the body politic.”
 The Constitution does not create or confer rights, but merely recognizes and protects
these rights.

B. Doctrine of Constitutional Supremacy

 The Constitution is the basic and paramount law to which all other laws must
conform and to which all persons, including the highest officials of the land, must
defer.
 No act should be valid, however noble its intentions, if it conflicts with the
Constitution.
 It remains ever supreme, and all must bow to the mandate of this law.
 The Constitution must be upheld as long as it has not been changed by the
sovereign people.
Case/s:
 Manila Prince Hotel vs. GSIS
 Doctrine of Constitutional Supremacy
 When in doubt, the presumption is that all provisions of the Constitution are
self-executing provisions, the absence of legislation does not render a
provision inoperative
 Filipino First Policy as enshrined in Sec. 10, par. 2, Article XII of the
Constitution

C. Judicial Review defined

 Judicial power – includes the duty of the courts of justice to settle actual
controversies involving rights which are legally demandable and enforceable, and to
determine whether or not there has been grave abuse of discretion amounting to lack
or excess of jurisdiction on the part of any branch or instrumentality of the
Government. (Sec. 1, Article VIII, 1987 Constitution)
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 D. Requisites of Judicial review (APEN)

a) There must be an actual case or controversy;

o It involves a conflict of legal rights, an assertion of opposite legal claims
susceptible of judicial adjudication.
o a controversy that is appropriate for judicial determination ; must be definite
and concrete which involves the legal relations of parties having adverse legal
interests.
o a concrete case admitting
o moot and academic is still resolved by the court with the following
exceptions:
o paramount public interest
o exceptional character
o can be repetitive if not resolved
o there is possibility of constitutional violation

b) The question of constitutionality must be raised by the proper party;

o one who has sustained or is in immediate danger of sustaining an injury as a
result of the acts complained of.
o Locus standi

c) The constitutional question must be raised at the earliest possible opportunity; and
o such that if it is not raised in the pleadings, it cannot be considered at the trial,
and if not considered at the trial, it cannot be considered on appeal.
o Exceptions:
a. In criminal cases – it can be raised at any time in the discretion of the court
b. In civil case- at any stage if it is necessary to the determination of the case
itself;
c. In every case-except when there is estoppel, it can be raised at any stage if
it involves the jurisdiction of the court

d) Necessity of Deciding Constitutional Question

o The courts as much as possible avoid the decision of a constitutional question
because of the doctrine of separation of powers.
o Presumption of constitutionality of laws, since it is a joint action of the
legislative and executive departments.
o It shall only be considered if the matter of constitutionality is the lis mota of
the case and raised at the earliest opportunity.
Case/s:
 GSIS Family Bank Employees Union vs. Villanueva
o Petition for Certiorari as a remedy for the union is incorrect since they could
have raised their concern before the Office of the President as the Governance
Commission is directly under said office

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 o Moot and Academic but the Court still ruled upon the issues to educate the
public (exceptions)
o A writ of certiorari may only be issued when the following are alleged in the
petition and proven:
1) the writ is directed against a tribunal, a board, or any office exercising
judicial or quasi-judicial functions;
2) such tribunal, board or officer has acted without or in excess of
jurisdiction or with grave abuse of discretion amounting to lack or
excess of jurisdiction; and
3) There is no appeal or any plain or speedy and adequate remedy in the
ordinary course of law.
 Zabal vs. Duterte
o The case meet the requirements of Judicial review
o There is actual case or controversy even if it is moot because of the possibility
of constitutional violation and the exceptional character of the situation.
o Paramount public interest is involved and the case is capable of repetition
o Locus standi of the petitioners exists since their livelihoods are involved
o Question of constitutionality was raised at the earliest opportunity; and issue
of constitutionality was the subject of the case
o Proclamation No. 475 did not impair the right to travel since it is a valid
exercise of police power since the closure was for only a short period of time
and temporary and it was necessary for the rehabilitation of the island.
o Proclamation No. 475 did not impair the right to due process since their nature
of employment was only contingent. They also may practice their profession
elsewhere while the island was closed.

 Heirs of Edgardo del Fonso vs. Guingona

o a case or issue is considered moot and academic when it ceases to present a
justiciable r by virtue of supervening events. so that an adjudication of the
case or a declaration on the issue would be of no practical value or use. In
such instance, there is no actual substantial relief which a petitioner would be
entitled to, and which would be negated by the dismissal of the petition.
o The Court only resolves issues that are moot and academic when the
constitutional issue raised requires formulation of controlling principles to
guide the bench, the bar and the public, or when the case is capable of
repetition yet evading review.

 Bagumbayan vs. COMELEC

o Petitioners have locus standi to file the Petition for Mandamus
o A petition for Mandamus has been often been held proper if there are dire
considerations of public welfare and for the advancement of public policy.
o Based on existing the law, a cause of action to compel COMELEC exists for
Bagumbayan as well as any political party or candidate or their representative.
o Petitioners are not entitled to the Writ of Mandamus to compel COMELEC to
once again open up the source code review for the upcoming elections

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 immediately for the review of the petitioners and other similarly situated
parties, as the same has ceased to become a justiciable controversy and has
become moot and academic because of the supervening event of superseding
the assailed resolutions on the source code review with a new resolution for
the upcoming 2019 elections.

 Inmates of the New Bilibid Prison vs. de Lima

o There is actual case or controversy in the case as the challenged regulation has a
diverse effect on petitioners and those detained and convicted prisoners who are
similarly situated.
o There exists an immediate or threatened injury and they have sustained or are
immediately in danger of sustaining direct injury as a result of the act complained
of, in fact while the case is pending the prisoners are languishing in jail, and if
their assertion proves to be true their detention is thus oppressive.
o With the prisoners’ incarceration, any delay in resolving the case would cause
them great prejudice.
o There is no need for the MSEC be organized and be in operation; since their
attempt for applications for the grant of GCTA would be futile.
o Yes, the petitioners have legal standing in the case.
o Petitioners are directly affected by Section 4, Rule 1 of the IRR because they are
prisoners currently serving their respective sentences in the New Bilibid Prison.
They have personal stake in the outcome of this case since their stay in prison
will be potentially shortened or will be delayed.

 Kilusang Mayo Uno vs. Aquino

o The Court denies the petition for lack of merit
o There is no actual case or controversy since the petitioners failed to prove how
the assailed issuances violated workers’ constitutional rights such that it
would warrant judicial review.
o The courts cannot decide on theoretical circumstances neither are they
advisory bodies, nor are they tasked with taking measures to prevent imagined
possibilities of abuse.
o Doctrine of exhaustion of administrative remedies. Courts may only take
cognizance of a case if the petitioner has exhausted all remedies available to
it under the law. The doctrine ensures that the administrative agency exercised
its power to its full extent, including its authority to correct or reconsider its
actions.

 Palencia vs. People

o Delving into the unconstitutionality of the assailed provisions of law and the
IRR is not essential to the disposition of the case.
o Even if the first three requisites are met but lacks one, then there shall be no
resolution of constitutionality because of the presumption of validity of the
laws.
o Policy of avoidance

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 E. Functions of Judicial review
a) Checking;
b) Legitimating; and
c) Symbolic
Case/s:
• Salonga vs. Pano
o The Court also has the duty to formulate guiding and controlling constitutional
principles, precepts, doctrines, or rules. It has the symbolic function of educating bench
and bar on the extent of protection given by constitutional guarantees.
INHERENT POWERS OF THE STATE
a. What are the inherent powers of the state?
o Police Power – power of the State to regulate liberty and property for the
promotion of the general welfare.
o Power of Eminent Domain – enables the State to forcibly acquire private
property, upon payment of just compensation, for some intended public
use.
o Power of Taxation – the State is able to demand from the members of the
society their proportionate share or contribution in the maintenance of
government.

b. What are their similarities?

o may be exercised without need of express constitutional grant.
o necessary and indispensable; without them the State cannot continue or be
effective
o methods by which the State interferes with private rights
o They all presuppose an equivalent compensation for the private rights
interfered with.
o They are exercised primarily by the legislature.

c. What are their distinctions?

o police power regulates both liberty and property; eminent domain and
taxation affect only property rights
o police power and taxation may only be exercised by the government;
eminent domain may be exercised by some private entities
o property taken in police power is destroyed since it is noxious or intended
for a noxious purpose; property taken in eminent domain and taxation is
intended for public use or purpose and is therefore wholesome
o compensation of the person subjected to police power is the intangible
altruistic feeling that he has contributed to the general welfare; compensation
in other powers are concrete, full and fair equivalent of the property
expropriated or protection and public improvements for the taxes paid.

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 d. What are their limitations?
o may not be exercised arbitrarily, to the prejudice of the Bill of Rights.
o It must be in favor of private rights and against attempts on the part of
the State to interfere with them.
o Security of persons and property should be liberally construed
o subject at all times to the limitations and requirements of the Constitution
and may be annulled by the courts of justice
TOPIC II: Police Power
A. Definition
 the power of promoting the public welfare by restraining and regulating the
use of liberty and property.

B. Scope
 Regulates property and more importantly, the liberty of private persons, and
virtually all the people.

C. Characteristics
 Most pervasive, least limitable, and the most demanding;
 Power of overwhelming necessity;
 May not be bargained away through the medium of a contract or even a treaty.
Impairment clause must yield to the police power whenever contract deals
with a subject affecting public welfare.
 Dynamic and not static and must move with the moving society it is supposed
to regulate.
 Sometimes uses taxing power as an implement for the attainment of a
legitimate objective.
 In sustaining the constitutionality of CARP, the power of eminent domain was
used to implement police power; the law provided for the expropriation of
agricultural lands to be distributed among the landless.
 The Legislative Department exercises Police Power and may delegate this to
the President, administrative bodies or the LGUs
Case/s:
 Zabal vs. Duterte
o The case meet the requirements of Judicial review
o There is actual case or controversy even if it is moot because of the possibility
of constitutional violation and the exceptional character of the situation.
o Paramount public interest is involved and the case is capable of repetition
o Locus standi of the petitioners exists since their livelihoods are involved
o Question of constitutionality was raised at the earliest opportunity; and issue
of constitutionality was the subject of the case
o Proclamation No. 475 did not impair the right to travel since it is a valid
exercise of police power since the closure was for only a short period of time
and temporary and it was necessary for the rehabilitation of the island.
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 o Proclamation No. 475 did not impair the right to due process since their nature
of employment was only contingent. They also may practice their profession
elsewhere while the island was closed.

 The City of Bacolod vs. Phuture Vision Co, Inc.

o The power to issue or grant licenses and business permits is not an exercise
of the government’s propriety function but is an exercise of the police power of
the State, and thus a governmental act.
o No consent to be sued and be liable for damages can thus be implied from the
mere conferment and exercise of the power to issue business permits and licenses.
o Petitioners acted lawfully in stopping the bingo operation and closing it for the
lack of any business permit because what the respondent previously applied for
is a business permit for “Professional Services, Band/Entertainment Services”.
o Respondent had no legal right to operate the bingo operations at the outset that it
is not entitled to damages that it is demanding.

 Evasco vs. Montanez

o Ordinance No. 092-2000, which regulates the construction and installation of
building and other structures such as billboards within Davao City, is a valid
exercise of police power.
o An ordinance’s validity must be upheld if the following requisites are met: the
local government must possess the power to enact an ordinance covering a
particular subject matter and according to the procedure prescribed by law; and
the ordinance must not contravene the fundamental law of the land, or an act
of the legislature, or must not be against public policy or must not be
unreasonable, oppressive, partial, discriminating or in derogation of a
common right.

 Provincial Bus Operators Assoc. vs. DOLE

o Department Order No. 118-12 and Memorandum Circular No. 2012-001 are
reasonable and valid police power issuances.
o These were promulgated to guarantee the payment of minimum wages and
social welfare benefits to bus drivers and conductors.
o These were also created to eliminate risk taking behaviors of bus drivers and
conductors. These promulgations are in the nature of social legislation that
aims to enhance the economic status of bus drivers and conductors and to
promote the general welfare of the riding public.
o Labor Contracts are subject to the police power of the State.
o D.O. no. 118-12 aim to uplift the economic status of bus drivers and
conductors and promotes road and traffic safety.

 DOT vs. Philippine Petroleum Sea Transport Association

o RA 9483 is constitutional, Section 22 thereof directs the protection of the
country’s marine resource and promoted the constitutionally protected right of

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 the people to a balanced and healthful ecology in accord with the rhythm and
harmony of nature and the basic constitutional right to health.
o The imposition is an exercise of Police Power by the State.
o Police power is the plenary power vested in the legislature to make, ordain, and
establish wholesome and reasonable laws, statutes and ordinances, not repugnant
to the Constitution, for the good and welfare of the people. This power to
prescribe regulations to promote the health, morals, education, good order or
safety, and general welfare of the people flows from the recognition that salus
populi est suprema lex-the welfare of the people is the supreme law.
o The creation of the OPMF is, thus, not a burdensome cross that the respondents
have to bear. Rather, it is an opportunity for them to have an important role in the
protection of the environment which they navigate and directly utilize in the
conduct of their business. It is but proper and timely to remind respondents that
the conduct of a business is mere. Privilege which is subject to the regulatory
authority of the State.
o Property rights may be interfered with, especially in furtherance of the common
good.

 Council of Teachers and Staff of Colleges and Universities of the Philippines vs.
Secretary of Education
o Assailed laws and Memorandum Circulars are Constitutional in exercise of the
Police Power to regulate the educational system.
o For declaration of unconstitutionality there must be a clear and unequivocal
breach of the Constitution which was not shown by the petitioners.
o Quality Education is a lawful subject

 Equitable PCI Bank Inc. vs. South Rich Acres, Inc.

 Garin vs. City of Muntinlupa

D. Who may exercise the power?

 it is lodged primarily in the national legislature.
 By virtue of valid delegation it may also be exercised by the President and
administrative boards as well as the law making bodies on all municipal levels,
including the barangay.
 Municipal governments exercise this power under the general welfare clause.
 authorized to enact such ordinances and issue such regulations as may be necessary
to carry out and discharge the responsibilities conferred upon it by law.
 Exercise of police power lien in the discretion of the legislative department.
 Judicial process may not compel legislative to act upon this. No mandamus is
available to exercise police power.

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Case/s:
 Kabataan Party List vs. COMELEC
o Biometrics validation is not a qualification to the exercise of the right of
suffrage but a mere aspect of the registration procedure of which the State has
the right to reasonably regulate
o the State in the exercise of its inherent police power, may then enact laws to
safeguard and regulate the act of voter’s registration for the ultimate purpose
of conducting an honest, orderly and peaceful election.

 US vs. Toribio
o Act No. 1147 is a just and legitimate exercise of the power of the legislature
to regulate and restrain such particular use of the property as would be
inconsistent with the right of the public.
o The law serves as a mere regulation for the consumption of these private
properties for the protection of general welfare and public interest. These
animals are vested with public interest for they are fundamental use for the
production of crops. These reasons satisfy the requisites of a valid exercise of
police power.

 Tablarin vs. Gutierrez

o NMAT is constitutional. Regulation of the practice of medicine, including
submission of ranks of authorized practitioners, is a valid exercise of the police
power of the State.
o Legislation and administrative regulations requiring those who wish to practice
medicine first to take and pass medical board examinations have long ago been
recognized as valid exercises of governmental power.

 Velasco vs. Villegas

o The ordinance is a police power measure with the main objective to impose payment
of the license fee for engaging in the business of massage clinic which is an entirely
different measure than the ordinance regulating the business of barbershops.
o The purpose was to forestall possible immorality which might grow out of the
construction of separate rooms for massage customers.
o The Court has been most liberal in sustaining ordinances based on the general
welfare clause which delegates in statutory form the police power to a municipality.

 Roman Catholic Archbishop of Manila vs. SSS

o The Social Security Law was enacted pursuant to the policy of the Republic on
the establishment of a social security system.
o The enactment of which is a legitimate exercise of police power.

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 E. Limitations (Test of Valid Exercise)
 The question of validity of legislative enactments as determined by criterion of
their conformity to the Constitution essentially justiciable and may be validly
decided by the courts of justice.
 The tests are:
o The interests of the public generally as distinguished from those of a
particular class, require the exercise of the police power; and
o The means employed are reasonably necessary for the accomplishment of
the purpose and not unduly oppressive upon individuals.
Requisites:
1. Lawful Subjects
 the activity or property sought to be regulated affects the public welfare. If it
does, the enjoyment of private rights may be subordinated to the interests of
the greater number, on the basis that the welfare of the people is the supreme
law.
 Police power may protect a person against himself
 As long as the objects is the public welfare and the subject of regulation may
be properly related thereto, there is compliance with the first test requiring
primacy of the welfare of the many over the interests of the few.
 Private matters in which the public interest is not at all involved cannot be
subjected to police power.
Case/s:
 Lim vs. Pacquing
 Pollution Adjudication Board vs. CA

2.Lawful Means
 The lawful objective must be pursued through a lawful method.
 There is no undue oppression.
 the means employed for the accomplishment of the police must pass the test of
reasonableness and, specifically, conform to the safeguards embodied in the Bill
of Rights for the protection of private rights. Failing this, the law will be annulled
for violation of the second requirement.
 reasonableness and effectiveness
Case/s:
 Lucena Grand Central Terminal vs. JAC Liner
 Cabrera vs. Lapid

3. Additional Limitations (when exercised by a Delegate)

 The tests of a valid ordinance are well established. A long line of decisions has held
that to be valid, an ordinance must conform to the following substantive
requirements:
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 o It must not contravene the constitution or any statute.
o It must not be unfair or oppressive.
o It must not be partial or discriminatory.
o It must not prohibit but may regulate trade.
o must be general and consistent with public policy.
o It must not be unreasonable. [Magtajas v. Pryce properties, G.R. No. 111097,
July 1994]

TOPIC III: Power of Eminent Domain

A. Source of power
Article III, Section 9
Private property shall not be taken for public use without just compensation.
Article XII, Section 18
The State may, in the interest of national welfare or defense, establish and operate vital
industries and, upon payment of just compensation, transfer to public ownership utilities
and other private enterprises to be operated by the Government.
Article XII, Section 17
In times of national emergency, when the public interest so requires, the State may, during
the emergency and under reasonable terms prescribed by it, temporarily take over or direct
the operation of any privately-owned public utility or business affected with public interest.
Article XIII, Section 4
The State shall, by law, undertake an agrarian reform program founded on the right of
farmers and regular farmworkers who are landless, to own directly or collectively the lands
they till or, in the case of other farmworkers, to receive a just share of the fruits thereof. To
this end, the State shall encourage and undertake the just distribution of all agricultural
lands, subject to such priorities and reasonable retention limits as the congress may
prescribe, taking into account ecological, developmental, or equity considerations, and
subject to the payment of just compensation. In determining retention limits, the State shall
respect the right of small landowners. The State shall further provide incentives for
voluntary land-sharing.
Article XIII, Section 9
The State shall, by law, and for the common good, undertake, in cooperation with the
private sector, a continuing program of urban land reform and housing which will make
available at affordable cost decent housing and basic services to underprivileged and
homeless citizens in urban centers and resettlement areas. It shall also promote adequate
employment opportunities to such citizens. In the implementation of such program, the
State shall respect the rights of small property owners.
B. Definition/ Scope
 Where private property is needed for conversion to some public use.

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  power of expropriation, eminent domain is described as “the highest and most
exact idea of property remaining in the government” that may be acquired for
some public purpose through a method “in the nature of a compulsory sale to the
State”.
 exercise of this power is necessarily in derogation of private rights, and the rule
in that case is that the authority must be strictly construed.

C. Distinction and similarities with police power

 Police power has no just compensation
 both is for public welfare
 police power takes property to condemn

D. Who may exercise power

 lodged primarily in the national legislature, but its exercise may be validly delegated
to other governmental entities and, in fact, even to private corporations, like the so-
called quasi-public corporations serving essential public needs or operating public
utilities.
 May exercise the power of expropriation:
o The Congress
o The President of the Philippines
o The various legislative bodies
o Certain public corporations, like Land Authority and the National Housing
Authority
o Quasi-public corporations like the Philippine National Railways, the
Philippine Long Distance Telephone Co., MERLACO, etc.
 Destruction from Necessity (police power) is different from eminent domain, the
former may be validly undertaken even by private individuals which is not allowed
in eminent domain.

E. Requisites of exercise (6)

1. Necessity
 Questions of necessity or wisdom are essentially political and is not subject to
judicial review.
 National legislature decides in its discretion.
 If a delegate of the legislature exercises eminent domain the judiciary has the power
to inquire whether the authority conferred upon such delegate has been correctly or
properly exercised by it.
 The courts have the power to inquire into the legality of the right of eminent domain
and to determine whether or not there is a genuine necessity therefor.
 When a municipal corporation or entity attempts to exercise the authority conferred,
it must comply with the conditions accompanying the authority.

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 Whether or not the municipal corporation or entity is exercising the right in a
particular case under the conditions imposed by the general authority, is a question
which the courts have the right to inquire into.

2. Private Property
 includes real and personal, tangible and intangible properties
 Churches and other religious properties are likewise expropriable notwithstanding
the principle of separation of Church and State.
 Exceptions to this rule are money and choses in action.
 Chose in action – a personal right not reduced into possession but recoverable by a
suit at law, a right to receive, demand or recover a debt, demand or damages on a
cause of action ex contractu or for a tort or omission of duty.
 Property already devoted to public use is still subject to expropriation, provided this
is done directly by the national legislature or under a specific grant of authority to
the delegate.

3. Taking in the constitutional sense

 May include trespass without actual eviction of the owner, material impairment of
the value of the property or prevention of the ordinary uses for which the property
was intended.
 Note every taking is compensable, as it may be justified under the police power.
 In cases of valid exercise of police power aimed at improving the general welfare
and whatever damages are sustained by the property owners are regarded as merely
incidental to a proper exertion of such power.(in nature of damnum absque injuria :
onl recompense is the altruistic feeling by sacrifice ,contributed to the well-being of
the people in general)
 Such rule is only valid when the prejudice suffered by the individual party is shared
in common with the rest of the community.
 No categorical criterion to be applied in answering difficult questions of this nature.
 Requisites of taking in eminent domain:
o expropriator must enter a private property;
o entry must not be for a momentary period;
o entry must be under warrant or color of legal authority;
o property must be devoted to public use or otherwise informally appropriated
or injuriously affected;
o The utilization of the property for public use must be in such a way as to oust
the owner and deprive him of beneficial enjoyment of the property. (Republic
vs. Castellvi)
 Just compensation of expropriated properties must be assessed at the time of taking.
 Owner does not need to file with COA for recovery of just compensation in cases
when government takes over his property; immediate filing in court for payment of
property as the arbitrary action of the government shall be deemed a waiver of its
immunity from suit.

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4. For Public Use or Purpose
 subject to direct enjoyment by and all members of the public indiscriminately (Res
communes)- traditional concept
 Slum clearance is therefore now regarded as a valid object of expropriation under
the modern expanded interpretation of public use.

5. Just Compensation
 Full and fair equivalent of the property taken from the private owner by the
expropriator.
 Intended to indemnify the owner fully for the loss he has sustained as a result of
expropriation.
 Owner in eminent domain cases- those who have lawful interest in the property
to be condemned.
 The court should first determine the actual or basic value of the property.
 It must also be paid in a timely manner; thus interest must also be paid by the
government
 If consequential benefits exceed the consequential damages, these should be
disregarded altogether as the basic value of the property should be paid in every
case.
 Factors to be considered in fair market value: cost of acquisition, current value of
like properties, actual or potential issues, and size, shape and location and tax
declarations.
 Consequential damages consist of injuries directly caused on the residue of the
private property taken by reason of expropriation.
 Consequential benefits and damages must be direct and particular and not merely
shared by the rest of the properties
 Property taken must be assessed at the time of the taking which usually coincides
with the commencement of the expropriation proceedings.
 Where entry precedes the filing of the complaint for expropriation, the
assessment should be made at the time of entry.
 The title of the property shall not be transferred until after actual payment of just
compensation is made to the owner.
 Determination of just compensation is judicial in nature thus allowing the
property owner to determine the value of the property to be taken and choosing
the lower values over the other subject to Marcos’ EO’s is a violation of judicial
prerogative.
 Interest rate is a consequential damage.
 Bangko Sentral Circular lowered the legal interest from 12 % to 6 % (2013)
anything prior to July 1, 2013 is subject to the 12%.
 Taxes paid by the owner without him having benefitted from the property because
of the taking is reimbursable.
 Concept of inverse indemnation; Government did not file an expropriation case;
the property owner here initiates the proceedings.

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  distinguishing Article XII , Section 18 and Section 17-temporary takeover of a
business is necessary (police power and not eminent domain); operations and not
ownership. (Agan Jr. vs. PIATCO)

6. Due Process of Law

From Audio Lecture:

 If exercised by LGUs, an ordinance must be enacted and not merely a resolution ,
pursuing the requisites
 Must be preceded by an offer ; filed with court a proceeding for expropriation ;
deposit at least 15% of the fair market value of the property
 US vs. Cosby: was still compensable even if there was no taking because the
property owner was affected because of the low flying planes of the government
 If there is taking and it is in exercise of police power, there is no compensation
required.
 Senior Citizen Discount is an exercise of police power

TOPIC IV: Power of Taxation

A. Definition
 the enforced proportional contributions from persons and property, levied by the
State by virtue of its sovereignty, for the support of government and for all public
needs
 taxation is the method by which these contributions are exacted
 an effort to apportion the costs of government among the people, according to their
ability to pay
 Taxes must be distinguished from licenses; taxes are levied to raise revenues while
licenses are imposed for regulatory purposes only. Licenses are justified under police
power.
 lifeblood of the nation

B. Nature / Scope of power (Purposes of Taxation)

 Importance of taxation derives from the unavoidable obligation of the government
to protect the people and extend the benefits in the form of public projects and
services.
 In exchange for these, people are subjected to the reciprocal duty of sharing the
expenses to be incurred therefor through the payment by them of taxes.
 a duty imposed upon the individual by the mere fact of his membership in the body
politic
 pervasive in its scope, taxation even reaches citizens abroad and has income earned
from sources outside his State

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 Power of tax may include the power to destroy if it is used validly as an implement
of the police power in discouraging and ultimately prohibiting certain things or
enterprises inimical to the public welfare.
 if used solely for the purpose of raining revenues, it cannot be allowed to confiscate
or destroy.

C. Who may exercise?

 inherent in the state and primarily vested in the national legislature
 may also be exercised by the local legislative bodies; not by virtue of valid
delegation but pursuant Article X, Section 5, 1987 Constitution, “each local
government unit shall have the power to create its own sources of revenue
and to levy taxes, fees and charges, subject to such guidelines and limitations
as the Congress may provide, consistent with the basic policy of local
autonomy.”

D. Limitations on the exercise

 Its exercise may be reversed improper cases, specifically when it violates the due
process and equal protection clauses or the particular restrictions on the power
of taxation provided in Article VI, Section 28, of the 1987 Constitution.
 taxation is not confiscatory in nature
 Revenues derived from taxes must be for a public purpose

E. Double Taxation
 there is no provision in the Constitution specifically prohibiting double taxation.
 there is double taxation when additional taxes are laid on the same subject by the
same taxing jurisdiction during the same taxing period for the same taxing purpose
 double taxation will not be allowed if it results to a violation of the equal protection
clause

F. Due Process and Taxation

 due process does not require previous notice and hearing before a law s fixed or
specific taxes on certain articles may be enacted.
 Where tax to be collected is to be based on the value of the taxable property, the tax
payer is entitled to be notified of the assessment proceedings and to be heard on the
correct valuation to be given the property. Otherwise, the ad valorem tax may be
increased if the owner in the ex parte appraisal to be made by the government
authorities.
 Uniformity in taxation means that persons or things belonging to the same class
shall be taxed at the same rate. (equal protection clause)
 valid classification must be :
o standards used are substantial;
o germane to achieve legislative purpose
o consider present and future conditions

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  Equality in taxation means that the tax shall be strictly proportional to the relative
value of the property.
 Equitable taxation connotes that taxes should be apportioned among the people
according to their capacity to pay.
Special Purpose Taxes
 will be treated for a special fund; exceed will be transferred to general fund of
government
Tax Exemptions
 either constitutional or statutory
 Article VI, Section 28 (3), 1987 Constitution:
o “Charitable institutions, churches, and parsonages or convents appurtenant
thereto, mosques, non-profit cemeteries, and all lands, buildings, and
improvements actually, directly, and exclusively used for religious,
charitable or educational purposes shall be exempt from taxation.”
 Article XIV, Section 4 (3)
o All revenues an assets of non-stock, non-profit educational institutions used
actually, directly, and exclusively for educational purposes shall be exempt
from taxes and duties. Upon the dissolution or cessation of the corporate
existence of such institutions, their assets shall be disposed of in the manner
provided by law.
 Exemption given because of considerable assistance to the State in the improvement
of the morality of the people and the care of the indigent and the handicapped.
 “no law granting any tax exemption shall be passed without the concurrence of a
majority of all the Members of the Congress”
Distinguishing taxation and police power
 If the sole purpose is regulatory and incidentally it generates revenue, then it is police
power
 Taxation is for generation of income ; it is for revenue

The Bill of Rights: Constitutional Protection

Introduction
 Philippine Constitution , Article III
o Section 1. No person shall be deprived of life, liberty, or property without due
process of law, nor shall any person be denied the equal protection of the laws.
 a set of prescription or enumeration of political and civil rights

A. Origin of Due Process

 Magna Carta

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 o “no man. of what state or condition whoever he be shall be put out of
his lands , or tenements, nor taken, nor imprisoned, nor indcited, nor
put to death, without he be brought in to answer by due process of law.”
o A safeguard guaranteed by our Constitution whose Bill of Rights was
patterned after the American Constitution.
o Dual Aspect : substantive and procedural
B. Definition
 “No person shall be deprived of life, liberty, or property without due process
of law”
 It continues to be dynamic and resilient, adaptable to every situation calling
for its application.
 “responsiveness to the supremacy of reason, obedience to the dictates of
justice”
 “fair play”
 a guaranty against any arbitrariness on the part of the government
 If the enjoyment of rights is conditioned on an unreasonable requirement, due
process is likewise violated.

C. Who are protected

 Person
o due process protects all persons, natural as well as artificial. Natural
including alien.
o Artificial persons-corporations and partnerships in so far as their property
is concerned
 Deprivation
o to take away forcibly, to prevent from possessing, enjoying or using
something
o deprivation is not per se unconstitutional, what is prohibited is deprivation
of life , liberty or property without due process of law.

D. Meaning of Life , Liberty and Property

 Life
o integrity of the physical person
o it is not permissible for the government to deprive the individual of any
part of his body, and this is true even if it be as punishment for a crime.
o God-given faculties that can make his life worth living
 Liberty
o “to do right and never wrong”
o liberty regulated by law
o One’s own liberty must be enjoyed consistently with the enjoyment of
a like liberty by others.
o surrender part of his freedom for the benefit of the greater number
o Subject only to the reasonable restrictions of the law, a person is free to
do as he pleases.
 Property
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 o anything that can come under the right of ownership and be the
subject of a contract.
o It must be noted that one cannot have a vested right to a public
office, as this is not regarded as property. The only execption is
where the salary has already been earned.

E. Procedural Due Process

1. Publication as part of Due Process
i. Can a law be made effective and enforceable absent its publication?
 Omission of the publication requirement would offend due
process insofar as it would deny the public of knowledge of the
laws that are supposed to govern it. The conclusive presumption
that every person knows the law presupposes that the law has
been published if the presumption is to have any legal
justification at all. (Tañada vs. Tuvera, 1986)

2. Appeal and due process

 The right to appeal is not a natural right nor a part of due process,
except where it is granted by statute in which case it should be
exercised in the manner and in accordance with the provisions of law.
In other words, appeal is a right of statutory and not constitutional
origin. (Tropical Homes, Inc. vs. NHA)
 The requirements of due process are deemed satisfied as long as the
litigant is given his day in court at the trial of his case, and he cannot
demand as a matter of right another day in the appellate court.
 Exceptions:
o Cases in which essential requisites of notice and hearing may be
ommitted without violation of due process:
 cancellation of the passport of a person sought for
because of crime;
 preventive suspension of a civil servant facing
administrative charges;
 distraint of properties of tax delinquency;
 padlocking of restaurants found to be insanitary;
 abatement of nuisances

3. Preliminary investigation and due process

4. Judicial proceedings
Essential requisites of due process:
i. An impartial court or tribunal clothed with judicial power to hear and
determine the matter before it.
ii. Jurisdiction must be lawfully acquired over the person of the defendant
and over the property which is the subject matter of the proceeding
iii. The defendant must be given an opportunity to be heard

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 iv. Judgement must be rendered upon lawful hearing

5. Publicity and T.V. Coverage

6. Administrative & Quasi-Judicial Proceedings- What is due process in
administrative and quasi-judicial proceedings?
Requisites:
1) The right to a hearing, which includes the right to present one’s case
and submit evidence in support thereof.
2) The tribunal must consider the evidence presented.
3) The decision must have something to support itself.
4) The evidence must be substantial.
5) The decision must be rendered on the evidence presented at the hearing,
or at least contained in the record and disclosed to the parties afflicted.
6) The tribunal or body or any of its judges must act on its or his own
independent consideration of the law and facts of the controversy and
not simply accept the views of a subordinate in arriving at a decision.
7) The board or body should, in all controversial questions, render its
decision in such a manner that the parties to the proceeding can know
the various issues involved, and the reason for the decision rendered.
7. Academic Discipline
8. Extradition Proceedings
In the Case of Govt. of HKSAR vs. Muñoz, 2016
 Extradition is "the surrender by one nation to another of an individual
accused or convicted of an offense outside of its own territory, and
within the territorial jurisdiction of the other, which, being competent
to try and to punish him, demands the surrender." It is not- part of
customary international law, although the duty to extradite exists only
for some international crimes.
 Thus, a state must extradite only when obliged by treaty to do so. The
extradition treaty creates the reciprocal obligation to surrender persons
from the requested state's jurisdiction charged or convicted of certain
crimes committed within the requesting state's territory, and is of the
same level as a law passed by the Legislatures of the respective parties

9. Deportation Proceedings-What is due process in deportation proceedings?

 Although a deportation proceeding does not partake of the nature of a
criminal action, however, considering that it is a harsh and
extraordinary administrative proceeding affecting the freedom and
liberty of a person, the constitutional right of such person to due process
should not be denied. Thus, the provisions of the Rules of Court of the
Philippines particularly on criminal procedure are applicable to
deportation proceedings. (Lao Gi vs. CA)

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 10. Substantive Due Process
 The inquiry in this regard is not whether or not the law is being enforced
in accordance with the prescribed manner but whether or not, to begin
with, it is a proper exercise of legislative power
 In Ichong vs. Hernandez, the legislative intent behind R.A. No. 1880
was to regulate the controlling and dominant position that the alien
retailer holds in the nation’s economy. Thus, it was held that it was a
proper exercise by legislation to uphold national over alien in retail
trade.
Case/s:
 Republic vs. Sandiganbayan
o period of interegnum ; Constitution was suspended
o Seizure team did not validly exercise search warrant by seizing items not part
of the warrant and without the presence of Dimaano
o Illegal seizures

 Philippine Blooming Mills Employee Organization v Philippine Blooming

o Human rights are atop property rights in the hierarchy
o Property rights are with prescription ; Human rights are imprescriptible

 Buck vs. Bell

o feeble mindedness
o sterilization

 CIR vs. Spouses Magaan

o Assessment of BIR is a violation of due process
o BIR failed to assess based on factual basis
o Fraud is not presumed, it must be proven through clear and convincing
evidence
o Prescriptive period of 3 years from the FY that is being investigation except
in cases of Fraud, then it will have a 10-year prescriptive period
o Facts of intent to evade was not proven in this case

 CIR vs. Mcdonald’s Philippine Realty Corp.

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 o BIR violated due process because of the absence of the LOA
o before receiving the LOA, check the name of the revenue officer with the
examining officer stated in the LOA
o What FY is the subject matter of the LOA, then count 3 years, if beyond then
it is not proper unless they allege fraud

 De Lima vs. Cabanes

o Non-submission or non- requirement of rejoinder is not a violation of due
process

 Rodriguez vs. NBI

o There was no violation of Congressman Rufus Rodriguez’ right to due process
o NBI powers merely become investigative and informational, it does not have
quasi-judicial functions (fact-finding only)

 Ordoñez vs. Spouses Pestaño

o Philip Estaño’s death
o Conspiracy is not applicable in Administrative Cases
o Ombudsman failed to identify the individual acts of the accused
o The denial of a right of appeal is not a constitutional right and is not a
necessary ingredient for due process to be attached

 Fuertes vs. the Senate of the Philippines

o Death of Chester Abrasia in initiation for fraternity
o Fuertes is one of the suspects questioning constitutionality of Anti-Hazing law
o Fuertes still can be subject to conspiracy , since he did not prevent the
inflicting of physical harm during the initiation proper

 Soliva vs. Tanggol

o Delilah Soliva, accused for serious dishonesty as a member of BOC
o Found to be liable only for Simple dishonesty and was suspended for six
months instead of being dismissed from service

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  Ablong vs. COA
o Remedies sought by the petitioners alleging that they did not receive a copy
of the ND
o COE and NFD was already issued and no appeal was made by the petitioners
( 6 months has lapsed)
o SC granted petition since there was a violation of due process
o Due process occurs when an accused is informed of the allegations against
them and they are given the opportunity to defend themselves.

 Joint Ship Manning Group, Inc. vs. SSS

o The SC clarified due process and equal protection clause
o arbitrariness-due process
o equal protection clause-favoritism
o due process
 impartial tribunal
 must have jurisdiction over the person or the property
 Person must be given the opportunity to be heard (admin cases)
 Judicial Proceedings (lawful hearing is required)
 Judgement must be done after lawful hearing

Topic VI: Equal Protection

Article III, Section 1, 1987 Constitution – “…nor shall any person be denied the equal
protection of the laws.”
A. Meaning
 Guaranty against any form of undue favoritism or hostility form the government.
 If the act assailed partakes of an unwarranted partiality or prejudice, then the
equal protection clause must be invoked.
 Requires that all persons or things similarly situated should be treated alike, both
as to rights conferred and responsibilities imposed.
B. Scope
 The equal protection clause is available to all persons, natural as well as
juridical. Artificial persons, however, are entitled to the protection only
insofar as their property is concerned.
 certain rights are enjoyable only by citizens, such as the rights to vote, hold
public office, exploit natural resources.

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  The equal protection clause does not require the universal application of the
laws, that is, that it operate on all the people without distinction.
 The legislature is allowed to classify the subjects of legislation. If the
classification is reasonable, the law may operate only on some and not all of
the people without violating the equal protection clause.
 The mere fact that an individual belonging to a class differs from other
members, as long as that class is substantially distinguishable from all others,
does not justify the non-application of the law to him.
 An alien cannot claim the right to operate a retail store even if he can prove
that, unlike other foreigners, he is as devoted to the national interest as the
citizen because he was born here and has completely embraced the Filipino
way of life.

C. Suspect Classifications
 “Separate but Equal Doctrine” in US cases

D. Levels of Scrutiny
1. Strict Scrutiny- elimination of wealth disparities, affirmative action
 strict scrutiny of governmental racial classifications is essential because it may
not always be clear that a so-called preference is in fact benign. Second, it
squarely rejected one of the three propositions established by this Court's
earlier cases, namely, congruence between the standards applicable to federal
and state race-based action, and in doing so also undermined the other two.
(Adarand Constructors vs. Peña, US 1995)

2. Intermediate Scrutiny- gender discrimination

 Frontiero vs. Richardson
Statutory classifications based on sex are unjustifiably discriminatory as to
violate the Due Process Clause of the Fifth Amendment.

E. Requirements for Valid Classification:

1) It must be based upon substantial distinctions.
Examples:
o recognized distinction between citizens and aliens is that the former
have nore solicitude for the national interest than the latter.
o equal pay for equal work – Persons who work with substantially equal
qualifications, skill, effort and responsibility, under similar conditions,
should be paid similar salaries.
2) It must be germane to the purpose of the law.
3) It must not be limited to existing conditions only.
4) It must apply equally to all members of the class

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TOPIC VII: Arrest, Search and Seizure
Section 2, Article III , 1987 Constitution
The right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures of whatever nature and for any purpose
shall be inviolable, and no search warrant or warrant of arrest shall issue except upon
probable cause to be determined personally by the judge after examination under
oath or affirmation of the complainant and the witnesses he may produce, and
particularly describing the place to be searched and the persons or things to be seized.
A. Scope of Protection
 The rights against unreasonable searches and seizures and to the privacy of
communication and correspondence are available to all persons, including
aliens, whether accused of crime or not.
 Artificial persons, like corporations, are also entitled to the guaranty, although
they may be required to open their books of accounts for examination by the
State in the exercise of the police power or the power of taxation.
 As a rule, however, their premises may not be searched nor may their papers
and effects seized except by virtue of a valid warrant.
 The right against unreasonable searches and seizures is personal and may be
invoked only by the person entitled to it.
 The "right to be left alone" extends not only to the privacy of one's home but
also to his office or business establishment, including the papers and effects
that may be found there.

B. Requisites of a Valid Arrest

1) It must be based upon probable cause
2) The probable cause must be determined personally by the judge.
3) The determination must be made after examination under oath or affirmation
of the complainant and the witnesses he may produce.
4) It must particularly describe the place to be searched and the persons or things
to be seized.

 Existence of Probable Cause

o Probable cause- "such facts and circumstances antecedent to the issuance of
the warrant that in themselves are sufficient to induce a cautious man to rely
on them and act in pursuance thereof."

 Determination of Probable Cause

o to be made personally by the judge.
o not a ministerial function of the judges who have the right to determine for
themselves the existence of probable cause. They could rely on findings of the
prosecutors, but they are not bound by it. (independent conclusions)

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 o What the Constitution underscores is the exclusive and personal responsibility
of the issuing judge to satisfy himself of the existence of probable cause. In
satisfying himself of the existence of probable cause for the issuance of a
warrant of arrest, the judge is not required to personally examine the
complainant and his witnesses.

 Examination of Applicant
o Section 4, Rule 126, Rules of Court
o 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.

 Particularity of Description
o Ideally, the person sought to be seized should be identified by name. Ifthe
warrant is issued without a name or with the name in blank such that it can be
enforced against any person, it is unquestionably void.

 Properties Subject to Seizure

o Under Rule 126, Section 2, of the Rules of Court, the following are subject to
search and seizure:
 (1) property subject of the offense;
 (2) property stolen or embezzled and other proceeds or fruits of the
offense; and
 (3) property used or intended to be used as the means of committing an
offense

 Admissibility of Illegally Seized Evidence

o The rule has been constitutionally affirmed in Article III, Section 3(2), which
provides that such evidence "shall be inadmissible for any purpose in any
proceeding." Such evidence is "the fruit of the poisonous tree."

 Warrantless Searches and Seizures

o Section 5, Rule 113, Rules of Court (Valid warrantless arrest)
1) when such person has in fact just committed, is actually committing, or
is attempting to commit an offense in his presence;
2) when an offense has in fact just been committed and he has personal
knowledge of facts indicating that the person to be arrested has
committed it;
3) when the person to be arrested is a prisoner who has escaped from a
penal establishment or place where he is serving final judgment or
temporarily confined while his case is pending, or has escaped while
being transferred from one confinement to another.

 Valid Warrantless Searches

o Search Incidental to a Lawful Arrest

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  A warrantless search incidental to a lawful arrest may be made only
within the permissible area of search, or the place within the immediate
control of the person being arrested.

o Stop and Frisk (Terry Doctrine)

 "when an officer is justified in believing that the individual whose
suspicious behavior he is investigating at close range is presently
dangerous to the officer or to others," he may conduct a limited
protective search for concealed weapons. The purpose of this limited
search is not to discover evidence of crime but to allow the officer to
pursue his investigation without risk of violence

o Plain view Doctrine

Elements of which are:
 a prior valid intrusion based on the valid warrantless arrest in which the
police are legally present in the pursuit of their official duties;
 the evidence was inadvertently discovered by the police who had the
right to be where they are;
 the evidence must be immediately apparent, and
 "plain view" justified mere seizure of evidence without further search.

o Enforcement of fishing, customs and immigration laws

 "searches and seizures without warrant of vessels and aircraft for
violation of customs laws have been the traditional exception to the
constitutional requirement because the vessel can be quickly moved out
of the locality or jurisdiction in which the search must be sought before
the warrant could be secured.”

o Search of moving vehicles

 “The guaranty of freedom from unreasonable searches and seizures
construed as recognizing a necessary difference between a search of a
dwelling house or other structure in respect of which a search warrant
may readily be obtained and a search of a ship, motorboat, wagon, or
automobile for contraband goods, where it is not practicable to secure
a warrant, because the vehicle can be quickly moved out of the locality
or jurisdiction in which the warrant must be sought."

o Inspection of buildings and other premises for the enforcement of fire, sanitary
and building regulations. (exercise of police power)

o Exigent and Emergency Circumstances – Checkpoints

 A "stop-and-search" without warrant at military or police checkpoints
has been declared to be not illegal per se, for as long as it is warranted
by the exigencies of public order and conducted in a way least intrusive

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 to motorists. A checkpoint may either be a mere routine inspection or
it may involve an extensive search.
 Routine inspections are permissible:
1) where the officer merely draws aside the curtain of a vacant
vehicle which is parked on the public fair grounds;
2) simply looks into a vehicle;
3) flashes a light therein without opening the car's doors;
4) where the occupants are not subjected to a physical or body
search;
5) where the inspection of the vehicles is limited to a visual search
or visual inspection; and
6) where the routine check is conducted in a fixed area.
 On the other hand, when a vehicle is stopped and subjected to an
extensive search, such a warrantless search would be constitutionally
permissible only if the officers conducting the search have reasonable
or probable cause to believe, before the search, that either the motorist
is a law-offender or they will find the instrumentality or evidence
pertaining to a crime in the vehicle to be searched.
Case/s:
 Valmonte vs. General de Villa
o AFP-NCRDC checkpoints in Valenzuela
o Unconstitutionality of checkpoints
o SC ruled that the checkpoint were valid and does not fall under unreasonable
searches because of the political climate that time
o The right to protect itself is upheld over the inconvenience of citizens due to
the checkpoints
o SC emphasized that searches should only be visual and routinary.
 Guanzon vs. De Villa
o alleged unconstitutionality of target zoning by the military and police
o Suppressing lawless violence
o Police actions are governed by the provisions of the Bill of Rights
 Burgos vs. Chief of Staff
o Newspapers Publication under Jose Burgos Jr. were searched and seized
o 2 search warrants but only one place stated (SC said that this was a
typographical error)
o Section, Rule 126 provides that the property seized does not have to be owned
by the person stated in the warrant

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 o Subversive materials to be sought in publication companies should be
specific, a general warrant would not suffice.
 Alvero v. Dizon
o Alvero’s papers were seized by American Army
o Alvero accused of treason
o Lower Court denied Alvero’s request for documents to be returned
o SC ruled that the warrantless seizure was valid because it was within the
military camp.
o It was valid because there was a time of war

 Bache and Co. vs. Ruiz

o A corporation is entitled to protection from unlawful searches and seizure.
o Search warrant was invalid because of issuance without determination of
probable cause by the Judge.
o It was for more than one specific offense: 4 distinct offenses under the Tax
Code
o It was a general warrant which did not describe dates, years of the documents
sought for.

 World Wide Web vs. People

o SC held that warrant was not general, so long as the things to be searched has
connection with the alleged act, then there is a valid search warrant.
o Is there theft?

 Disini vs. Secretary of Justice

o Cybercrime Law provisions questioned as unconstitutional
o Section 14, 4(c)3-struck down as unconstitutional
o Aiding and Abetting cyber libel was also unconstitutional
o Section 15-Search and seizure of computer data
o Section 19- Restricting or blocking computer data-Unconstitutional because
it restricts freedom of expression and speech without judicial warrant (decided
by DOJ-Executive)
o Three tests to make the government limit expression and speech:
 dangerous tendency
 balancing of interest
 clear and present danger rule (imminent danger)

 People vs. Gabiosa

o Search Warrant
o Judge must satisfy that there is probable cause in issuing the warrant.
o Judge must personally determine the probable cause.
o Probable Cause under Prosecutor and under the Judge

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 Tumabini vs. People
o Search and Seizure was done in the residence of Tumambini because of illegal
drugs and drug paraphernalia at 5:00 am in the morning
o WON there is a violation of constitutional rights because of the search and
seizure.
o SC declared the search was valid. Forced entry may be done if the police
officers were denied entry on their first attempt to serve the search.
o Tumambini was acquitted from charges of RA 9165 because of non-
compliance of Chain of Custody.

 People vs. Molina

o WON warrantless arrest and seizure was valid?
o SC Marijuana is inadmissible because arrest was not a lawful one. The seizure
was not incidental to a lawful arrest, since there was no crime being
committed.

 People vs. Syjuco

o Privilege between lawyer-client relationship (Confidentiality clause)

 Moncada vs. People

o Validity of warrant and searches and seizures conducted
o Overturned by the SC : Anything illegally obtained will not be admissible as
evidence

 Stonehill vs. Diokno

o 42 search warrants for documents
o Validity of warrants, searches and seizures
o No specific offense was enumerated by warrants
o General search warrants are outlawed
o landmark case-general warrant situation, John doe warrant are not allowed

 People vs. Damaso

o Upholding right against unreasonable searches and seizures

 People vs. Marti

o Search was made by a private person
o exclusionary rule will only be applied if the search and seizure was made by
a public officer

 In re: Petition for Writ of Habeas Corpus of Camilo Sabio, 535 Phil. 687
o Power of Legislative Inquiry must be limited by the Constitutional rights
o Right to privacy is not absolute; this will have to give way if there is an
overriding compelling state of interest (duty as citizens)
o Primacy of Article III Sec. 2 and Sec. 3 (1) (exclusionary rule)
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  Roberts vs. CA
o Alleged violation of Article 318 of the Revised Penal Code
o Probable Cause necessary for the proper issuance of a warrant of arrest or
search warrant is judicial and not executive

 People vs. Policarpio

o Section 21 of the IRR of R.A. 9165- Chain of Custody
o Search Warrant was valid but accused was acquitted because of non-
compliance to Section 21 of the IRR.

 People of the Philippines vs. Sapla

o Anonymous Tip as basis for warrantless search of a moving vehicle
o SC held that it was an invalid warrantless search since its source was an
unverified tip
o Search was unconsented
o element of coercion by authorities

Summary:
 Judicial Review- test it against the elements; these elements are only set aside if the
mattere is of paramount interest
 The presumption is that statutes are constitutional and can only be disturbed when
the requisites are met in the case of Francisco
 The Three Inherent Powers of State
 Date of Reckoning in the payment of Just Compensation : time of taking, except
when the taking was done without consent and with stealth
 Can an expropriated property be expropriated again? (More vs. PECKO), Yes, if the
property was expropriated by a private entity if done by the legislature or expressly
provided in the charter of the delegate. To deny expropriation will deny the purpose
of expropriation of private property for public use
 Taxation issues : Double taxation, taxation vs. regulatory fees
 Bill of Rights cannot be asserted against private individuals
 Due Process and Equal Protection- Section 1, Article III
 Unverified tip cannot be a basis for a search.
 Stop and frisk – is to prevent a crime

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