Atty.

Vic Byron Fernadez Constitutional Law 2

1. a. b. c. d.

Equal Protection Clause Must rest on substantial distinction Must be germane to the purpose of law Must not apply to existing conditions only Must apply equally to all members of the same class

2. a. b. c.

Unreasonable Searches and Seizure Probable cause Determination of probable cause personally by a judge After examination Under oath or affirmation of the complainant and the witnesses he may produce d. Particularity of description Warrant of Arrests to be valid 1. John Doe warrants must contain a description persona 2. Probable cause determined personally by the judge Warrantless Arrests 1. When the person to be arrested committed, is actually committing, or is attempting to commit an offense in the presence of the officer of private person 2. When an offense had just been committed and the person affecting the arrest has probable cause to believe based on his personal knowledge of the facts and circumstances, that the person to be arrest has committed it 3. When a prisoner has escaped from a penal establishment, or place where he is serving final judgement or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to the other. KINDS 1. Hot pursuit 2. Buy - Bust 3. Entrapment

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Search Warrant 1. Must have personal examination in the form of searching questions and answers 2. General rule the arrest must precede the search, but nevertheless the search may precede the arrest if the police have probable cause to effect the arrest before the outset of the search Conduct of Search 1. Presence of the lawful occupant, family members or two witnesses of sufficient age and discretion residing in the same locality Kinds of Search Stop and Frisk Stop and Search

Nature of a Search warrant proceeding A search warrant proceeding is, in no sense, a criminal action or the commencement of a prosecution. The proceeding is not one against any person, but is sole for the discovery and to get possession of personal property Essence of the particularity of description It is primarily meant to enable the law enforcers serving the warrant to 1.) Readily identify the properties and things to be seized 2.) Leave no discretion to the officers regarding the articles to be seized, to prevent unreasonable searches and seizures. Search of Vessels and Aircraft implied waiver Plain view doctrine an officer has the right to seize prohibited or unlawful articles in plain view which the officer has under his right to be in such position to view. Elements of Valid seizure under plain view 1. A prior valid intrusion based on the valid warrantless arrest in which the police are legally present in the pursuit of their lawful duties 2. The evidence were inadvertently discovered by the police who had the right to be there 3. The evidence must be immediately apparent 4. Plain view justified the seizure of the evidence without any further search.

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RA 4200, Ramirez vs CA The law prohibits the recording, through the instruments mentioned therein, of private conversation by any person not authorized by all parties to the communication Tests of Valid Governmental Interference a.) Clear and Present Danger Rule where the words are used under the circumstance and of such nature as to create a clear and present danger which the state has the right to prevent b.) Dangerous tendency rule where the words uttered create a dangerous tendency of an evil c.) Balancing of Interests tests where in the interest of public order, and the regulation results in an indirect, conditional or partial abridgment of speech, the court has the duty to determine which of the two conflicting interests requires greater protection under the particular circumstances Speedy Trial vs Speedy Disposition of Cases 1. Speedy Trial: a trail free from capricious, vexatious and oppressive delays. Justice and Fairness is the objective not speed. a. 30 days from the filing of information b. Atleast 15 days to prepare for trial from the time the accused has entered a plea of not guilty c. Trial shall not exceed 180 days from the first day unless authorized by the Chief Justice of the Supreme Court 2. Speedy Disposition of Cases Applies not only during the trial stage but also when the case is submitted for decision a. The length of the delay b. b. the reasons for the delay c. c. the assertion or failure to assert such right by the accused and the prejudice caused by the delay Void for Vagueness Rule
A statute or act may be said to be vague when it lacks comprehensible standards that men of common intelligence must necessarily guess at its meaning and differ in its application. In such instance, the statute is repugnant to the Constitution in two (2) respects - it violates due process for failure to accord persons, especially the parties targeted by it, fair notice of what conduct to avoid; and, it leaves law enforcers unbridled discretion in carrying out its provisions and becomes an arbitrary flexing of the Government muscle.[10] But the doctrine does not apply as against legislations that are merely couched in imprecise language but which nonetheless specify a standard though defectively phrased; or to those that are apparently ambiguous yet fairly applicable to certain types of activities. The first may be "saved" by proper construction, while no challenge may be mounted as against the second whenever

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directed against such activities.[11] With more reason, the doctrine cannot be invoked where the assailed statute is clear and free from ambiguity, as in this case.

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