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CONSTITUTIONAL LAW PRELIMS inaugurated at any specific time

but changing by accretion rather


than by any systematic method.
CHAPTER 1: INTRODUCTION 1. What is
CONSTITUTIONAL LAW? It is the study of b. As to their form: 1. Written
the maintenance of the proper balance Constitution- is one whose precepts are
between authority as represented by the embodied in one document or set of
three inherent powers of the State and documents 2. Unwritten Constitution-
liberty as guaranteed by the Bill of Rights. consists of rules which have not been
integrated into a single, concrete form but
are scattered in various sources, such as:
CHAPTER 2: THE NATURE OF THE
(SJCCC) 2.1 statutes of fundamental
CONSTITUTION 2. What is a
character, 2.2 judicial decisions, 2.3
CONSTITUTION? a. According to Cooley, it
commentaries of publicists, 2.4 customs
is that body of rules and maxims in
and traditions, and 2.5 certain common
accordance with which the powers of
law principles
sovereignty are habitually exercised. b.
According to Justice Malcolm, it is the
written instrument enacted by direct c. As to manner of amending them: 1.
action of the people by which the Rigid Constitution- is one that can be
fundamental powers of the government amended only by a formal and usually
are established, limited, and defined, and difficult process 2. Flexible Constitution-
by which those powers are distributed one that can be changed by ordinary
among the several departments for their legislation The Constitution of the
safe and useful exercise for the benefit of Philippines is written, conventional, and
the body politic. rigid.

1. What is the purpose of the ESSENTIAL QUALITIES OF A WRITTEN


Constitution? The purpose of the CONSTITUTION 5. A good written
Constitution is to: (PAE) a. constitution must be:
Prescribe a permanent framework
of a system of government, b. To
Assign to the several departments Broad- not only because it provides for
their respective powers and duties, the organization of the entire government
and c. To Establish certain first and covers all persons or things within the
fixed principles on which territory of the State, but more so
government is founded. because it is supposed to embody the
CLASSIFICATIONS OF THE past, reflect the present, and to anticipate
CONSTITUTION the future. Brief- and confine itself to
basic principles to be implemented with
2. Constitution may be classified as
legislative details mor adjustable to
follows: a. As to their origin and
change and easier to amend. Definite- if
history:
not, ambiguity in its provision may result
3. Conventional constitution- an in confusion and divisiveness among the
enacted constitution, formally people, and perhaps even physical
struck off at a definite time and conflict. Exception: Due process clause- to
place following the conscious and make them more malleable to judicial
deliberate effort taken by a interpretation in the light of new
constituent body or ruler. conditions and circumstances. ESSENTIAL
PARTS OF THE WRITTEN CONSTITUTION
4. Cumulative Constitution-is a result
of a political evolution, not
1. Three essential substantive parts: effected by amendment or
(LGS) a. Constitution of Liberty- a revision?
series of prescriptions setting forth
the fundamental civil and political The only reason Congress can exercise
rights of the citizens and imposing such power is that the Constitution has
limitations on the powers of the granted it such power. B. Constitutional
government as a means of Convention: 1) How a Constitutional
securing the enjoyment of those Convention may be called a). Congress
rights. (SI) b. Constitution of may call a ConCon by a 2/3 vote of all its
Government- a series of provisions members; or b). By a majority vote of all
outlining the organization of the its members, Congress may submit to the
government, enumerating its electorate the question of whether to call
powers, laying down rules relative a ConCon or not. 2) Choice of which
to its administration, and defining constituent assembly (either Congress or
the electorate. (OELD) c. ConCon) should initiate amendments and
Constitution of Sovereignty- revisions is left to the discretion of
provisions pointing out the mode or Congress. In other words, it is a political
procedure in accordance with question. 3) BUT: The manner of calling a
which the formal changes in the ConCon is subject to judicial review,
fundamental law may be brought because the Constitution has provided for
about. vote requirements. 4) If Congress, acting
as a constituent assembly, calls for a
PERMANENCE OF THE CONSTITUTION ConCon but does not provide the details
for the calling of such ConCon, Congress -
exercising its ordinary legislative power -
1. How shall the Constitution be may supply such details. But in so doing,
interpreted? RULE: In case of Congress (as legislature) should not
doubt, the Constitution should be transgress the resolution of Congress
considered: a. Self-executing acting as a constituent assembly. 5)
rather than non-self-executing; b. Congress, as a constituent assembly and
Mandatory rather than directory; the ConCon has no power to appropriate
and c. Prospective rather than money for their expenses. Money may be
retrospective. Distinguished: A spent from the treasury only pursuant to
self-executing provision is a rule an appropriation made by law. The
that by itself is directly or indirectly power of Congress to propose
applicable without need of amendments is NOT part of its ordinary
statutory implementation whereas legislative power. 1) Proposal- generally
a non-self-executing provision is made either by the Congress or by a
one that remains dormant unless it constitutional convention. Amendments
is activated by legislative may be proposed by: A. Congress, acting
implementation. AMENDMENT OR as a constituent assembly, by a 3/4 vote
REVISION of all its members.

2. What are the modes of effecting


changes in the Constitution? a. C. Peoples Initiative 1) Petition to propose
Amendment- isolated or piecemeal such amendments must be signed be at
change only b. Revision- a revamp least 12% of ALL registered voters. 2)
or rewriting of the whole Every legislative district represented by at
instrument least 3% of the registered voters therein.
3) Limitation: It cannot be exercised
3. What steps are required for the oftener than once every 5 years. Note: 1)
Constitutional changes to be While the substance of the proposals
made by each type of constituent
assembly is not subject to judicial review, 2) Ratification 1) Amendments and
the manner the proposals are made is revisions proposed by Congress and/or by
subject to judicial review. a ConCon: a) Valid when ratified by a
2) Since these constituent assemblies owe MAJORITY of votes cast in a plebiscite. b)
their existence to the Constitution, the Plebiscite is held not earlier than 60 days
courts may determine whether the nor later than 90 days from the approval
assembly has acted in accordance with the of such amendments or revisions.
Constitution. 3) Examples of justiciable
issues: a) Whether a proposal was
approved by the required number of votes 2) Amendments proposed by the people
in Congress (acting as a constituent via initiative: a) Valid when ratified by a
assembly). b) Whether the approved MAJORITY of votes cast in a plebiscite. b)
proposals were properly submitted to the Plebiscite is held not earlier than 60 days
people for ratification. nor later than 90 days after the
certification by COMELEC of the petition's
sufficiency.
Position of the Constitutional Convention
*Frantz v. Autry- as long as it (ConCon)
confines itself within the sphere of its 3) Requisites of a valid ratification: a)
jurisdiction, the ConCon must be Held in a plebiscite conducted under the
considered independent and co-equal with election law; b) Supervised by the
the other departments of the government. COMELEC; and c) Where only franchised
Question: Is the constitutional provision voters (registered) voters take part.
on initiative and referendum self-
executory? Answer: No. It requires
implementing legislation. Congress has 4) Issues regarding ratification: a) The
approved R.A. 6735, the Initiative and Constitution does not require that
Referendum Law, but the Supreme Court amendments and revisions be submitted
held that the law, as worded, does not to the people in a special election. Thus,
apply to constitutional amendment. they may be submitted for ratification
Therefore, amendment by initiative and simultaneously with a general election. b)
referendum must still await a valid law. The determination of the conditions under
(Defensor Santiago v. Comelec, March 19, which proposed amendments/revisions
1997) Question: May a revision of the are submitted to the people falls within
Constitution be effected through initiative the legislative sphere. That Congress
and referendum? Answer: No. The change could have done better does not make the
authorized by Section 2 through initiative steps taken unconstitutional. c) All the
and referendum can only be amendment. proposed amendments/revisions made by
Question: Must amendments to the the constituent assemblies must be
Constitution be submitted for approval in submitted for ratification in one single
a special election or may they be included plebiscite. There cannot be a piece-meal
among issues presented during a general ratification of amendments/revisions. d)
election? Answer: Ideally, amendments Presidential proclamation is NOT required
should be presented in a special election for effectivity of amendments/revisions,
order that it can command the undivided UNLESS the proposed
attention of the electorate. However, this amendments/revisions so provide.
is not required by the Constitution.
(Gonzales v. Comelec, 21 SCRA 801-802)
JUDICIAL REVIEW OF AMENDMENTS 10.
Proposal of Revisions 1) By Congress,
Are amendments subject to judicial
upon a vote of 3/4 of its members 2) By a
review? The amending process, both as to
constitutional convention
proposal and ratification, raises a judicial
question. This is especially true in cases
where the power of the Presidency to itself. ACTUAL CASE or CONTROVERSY-
initiate the amending process by involves a conflict of legal rights, an
proposals of amendments, a function assertion of opposite legal claims
normally exercised by the legislature, is susceptible of judicial adjudication.
seriously doubted. (Sanidad v. Comelec, PROPER PARTY- is one who has sustained
73 SCRA 333) Thus, the judiciary may injury or is in immediate danger of
declare invalid a proposal adopted by less sustaining injury as a result of the act
than three-fourths of the members of the complained of. Article VII, Section 18, of
Congress, or a call for a ConCon by less the Constitution now allows ANY CITIZEN
than two-thirds of the legislature, or a to challenge the suspension of the
ratification made by less than a majority privilege of the writ of habeas corpus or
of the votes cast, or a plebiscite the proclamation of martial law. EARLIEST
irregularly held. 11. What is the power of OPPORTUNITY- if it is not raised in the
judicial review? It is the Supreme Courts pleadings, it cannot be considered at the
power declare a law, treaty, international trial, and if not considered in the trial, it
or executive agreement, presidential cannot be considered on appeal.
decree, proclamation, order, instruction, Exceptions: 1. In criminal cases, the
ordinance, or regulation unconstitutional. constitutional question can be raised at
This power is explicitly granted by Sec. 5 any time in the discretion of the court. 2.
(2), (a) and (b). In civil cases, the constitutional question
can be raised at any stage if it is
necessary to the determination of the case
CHAPTER 3: THE CONSTITUTION AND itself. 3. In every case, except where
THE COURTS 12. What is the role of the there is estoppels, the constitutional
judiciary in our system of government? question can be raised at any stage if it
The judiciary is the ultimate guardian of involves the jurisdiction of the court.
the Constitution. It is expected to rectify NECESSITY OF DECIDING
the wrong and affirm its sacred and CONSTITUTIONAL QUESTION- as long as
solemn duty to uphold the Constitution there is some basis that can be used by
and the laws of the land. the courts for its decision, the
constitutionality of the challenged law will
not be touched and the case will be
VOTING 13. How much vote is needed for decided on other available grounds. The
the declaration of unconstitutionality? It matter of constitutionality shall, as a rule,
was not specified. However, the be considered if it is the lis mota of the
Constitution requires for such declaration case and raised and argued at the earliest
the concurrence of a majority of the opportunity. Principle of Estoppel- Under
members who actually took part in the this rule, a person cannot question the
deliberations on the issues in the case and validity of the law under which he had
voted thereon. REQUISITES OF A previously accepted benefits, the SC held
JUDICIAL INQUIRY 14. No constitutional that Zandueta was stopped from
question will be heard and decided by the impugning the constitutionality of the
courts without the following requisites: judiciary reorganization law. (Zandueta v.
De la Costa, 66 Phil. 615) EFFECTS OF
DECLARATION OF
1) There must be an actual case or
UNCONSTITUTIONALITY 15. Two views on
controversy; 2) The question of
the effects of a declaration of the
constitutionality must be raised by the
unconstitutionality of a statute. a)
proper party; 3) The constitutional
Orthodox view- an unconstitutional act is
question must be raised at the earliest
not a law; confers no rights; creates no
possible opportunity; and 4) The decision
office; inoperative, as if it had not been
of the constitutional question must be
passed.
necessary to the determination of the case
b) Modern view- the court in passing upon those under the POWER OF EMINENT
a question of constitutionality does not DOMAIN and the POWER OF TAXATION is
annul or repeal the statute if it finds it in intended for a public use or purpose and is
conflict with the Constitution. therefore wholesome. 4.They all
presuppose an equivalent compensation
for the private rights interfered with.
Partial unconstitutionality- valid if two 4.The compensation of the person
conditions concur: 1) First, that the subjected the POLICE POWER is intangible
legislature is willing to retain the valid altruistic feeling that he has contributed to
portions even if the rest of the statute is the general welfare while those involved in
declared illegal; 2) Second, that the valid the other powers is more concrete, to wit,
portions can stand independently as a a full and fair equivalent of the property
separate statute. *The legislative will to expropriated or protection and public
this effect may be expressed in what is improvements for the taxes paid. 5.They
known as the separability clause. are exercised primarily by the legislature.
CHAPTER 4: THE FUNDAMENTAL POWERS
OF THE STATE 16. What are the
fundamental powers of the State? a. CHAPTER 5: THE POLICE POWER 18. What
Police Power b. Power of Eminent Domain is Police Power? The power of promoting
c. Power of Taxation Police power- is the public welfare by restricting and
power of the State to regulate liberty and regulating the use of liberty and
property for the promotion of the general property- Professor Freund
welfare. Power of Eminent Domain-
enables the State to forcibly acquire a
private property, upon payment of just 1. What is the scope of police power?
compensation, for some intended public Police power rests upon public
use. Power of Taxation- enables the State necessity and upon the right of the
to demand from the members of society State and of the public to self-
their proportionate share or contribution protection. For this reason, its
in the maintenance of the government. scope expands and contracts with
SIMILARITIES and DIFFERENCES 17. The changing needs. Churchill v.
3 inherent powers of the State are similar Rafferty, 32 Phil. 580, 602-603
and/or different in the following respects: (1925)
Similarities Differences 1.They are
inherent in the State and may be 2. Characteristics of Police Power
exercised by it without need of express
constitutional grant 1.The POLICE POWER 3. Most pervasive
regulates both liberty and property. The
POWER OF EMINENT DOMAIN and the 4. The least limitable
POWER OF TAXATION affect only property
rights. 2.They are not only necessary but 5. Most demanding of the three
indispensable. The State cannot continue powers
or be effective unless it is able to exercise
them. 2.The POLICE POWER and the
6. May be exercised as long as the
POWER OF TAXATION may be exercised
activity or the property sought to
only by the government. The POWER OF
be regulated has some relevance
EMINENT DOMAIN may be exercised by
to the public welfare
some private entities. 3.They are methods
by which the State interferes with private
rights. 3.The property taken in the 7. May not be bargained away
exercise of the POLICE POWER is through the medium of a contract
destroyed because it is noxious or or even a treaty
intended for a noxious purpose while
8. Dynamic, not static, and must purpose through a method in the nature
move with the moving society it is of a compulsory sale to the State.
supposed to regulate

9. May sometimes use the taxing 1. What is the first step that the
power as an implement for the government should do in
attainment of a legitimate police converting a private property to
objective. some public use? The government
must first offer to buy it.
10. Like taxation, the power of eminent
domain could be used as an 2. When is the exercise of the power
implement of the police power. of eminent domain necessary?

EXERCISE OF THE POLICE POWER 21. It is only necessary when the owner does
Who exercises police power? The police not want or opposes the sale of his
power is lodged primarily in the national property. Thus, if a valid contract exists
legislature. It may also be exercised by between the government and the owner,
the President and administrative boards the government cannot exercise the
as well as the lawmaking bodies on all power of eminent domain as a substitute
municipal levels, including the barangay to the enforcement of the contract. 26.
by virtue of a valid delegation. -It lies in Coercive authority- by its power of
the discretion of the legislative eminent domain, it can, upon payment of
department. It is not ministerial so a just compensation, forcibly acquire the
person cannot file for a mandamus. -The needed property in order to devote it to
only remedy against legislative inaction is the intended public use. EXERCISE OF
a resort to the bar of public opinion, a THE POWER OF EMINENT DOMAIN 27.
refusal of the electorate to return to the Who may exercise the power of eminent
legislature members who, in their view, domain? National legislature, but its
have been remiss in the discharge of their exercise may be validly delegated to other
duties. TESTS OF THE POLICE POWER 22. governmental entities and, in fact even to
The tests to determine the validity of a private corporations, like the so-called
police measure are as follows: quasi-public corporations. Under existing
laws, the following may exercise the
power of expropriation: 1) The Congress.
1) Lawful Subject- means that the subject 2) The President of the Philippines. 3) The
of the measure is within the scope of the various local legislative bodies. 4) Certain
police power, that is, that the activity or public corporations, like the Land
property sought to be regulated affects Authority and the National Housing
the public welfare. Authority. 5) Quasi-public corporations
like the Philippine National Railways, the
Philippine Long Distance telephone Co.
2) Lawful Means-requires that the means and the Meralco.
employed are reasonably necessary for
the accomplishment of the purpose and
not unduly oppressive upon individuals. 1. Destruction from necessity
distinguished from eminent
domain. Destruction from necessity
CHAPTER 6: EMINENT DOMAIN 23. What can be undertaken even by private
is Eminent Domain? Also known as the individuals. This is not allowed in
Power of Expropriation, it is described as the case of eminent domain.
the highest and most exact idea of Destruction from necessity cannot
property remaining in the government require the conversion of the
that may be acquired for some public property taken to public use, nor is
there any need for the payment of Castellvi Elements: CODE: E P A P
just compensation. O

2. Necessity of Exercise of the Power 7. The expropriator enters the


of Eminent Domain The power of property
eminent domain should be
interpreted liberally in favor of the 8. The entrance must be more than a
private property owner. The momentary period
judiciary has assumed the power to
inquire into whether the authority 9. The Entry must be made under
conferred upon a delegate has warrant or color of legal authority
been correctly or properly
exercised by it. This will involve 10. The Property must be devoted to
looking into whether the
public use
expropriation contemplated by the
delegate is necessary or wise.
11. The utilization of the property must
PRIVATE PROPERTY
be in such a way as to oust the
owner and deprive him of the
3. What properties can be subject to
beneficial enjoyment of his
expropriation? Anything that can property.
come under the dominion of man
including real and personal,
B. Compensable taking does not need to
tangible and intangible properties
involve all the property interests which
can be subject to expropriation.
form part of the right of ownership. When
Exceptions: -money -choses in
one or more of the property rights are
action
appropriated and applied to a public
purpose, there is already a compensable
4. What are the elements of the
taking, even if bare title still remains with
exercise of the power of eminent
the owner. 29. "PUBLIC USE" Public use,
domain? The elements are: (1)
for purposes of expropriation, is
There is taking of private
synonymous with public welfare as the
property (2) The taking must be
latter term is used in the concept of police
for needed public use (3) There
power.
must be just compensation.
TAKING
Examples of public use include land
5. What is meant by taking? Taking reform and socialized housing.
imports a (1) physical
dispossession of the owner, as
when he is ousted from his land, or JUST COMPENSATION
relieved from his watch or his car
and is thus deprived of all
beneficial use and enjoyment of his 1. What is just compensation? Just
property. Taking may include (2) compensation is described as the
trespass without actual eviction of full and fair equivalent of the
the owner, (3) material impairment property taken from the private
of the value of the property or (4) owner by the expropriator.
prevention of the ordinary uses for
2. Ascertaining just compensation
which the property was intended.
Compensation is just if the owner
receives a sum equivalent to the
6. Requisites of taking in eminent market value of his property.
domain according to Republic v. Market value is generally defined
as the fair value of the property as sovereignty, for the support of
between one who desires to government and for all public
purchase and one who desires to needs.
sell.
7. Who may exercise the Power of
Taxation? Primarily vested in the
The point of reference use in determining
national legislature. It may now
fair value is the value at the time the
also be exercised by the local
property was taken. Thus, future potential
legislative bodies pursuant to a
use of the land is not considered in
direct authority conferred by Article
computing just compensation.
X, Section 5, of the Constitution.
8. What are the limitations to the
Formula: Just Compensation = Market exercise of the power of taxation?
Value + (Consequential Damages Its exercise may be reversed in
Consequential Benefits) proper cases when it violates the
due process and the equal
protection clauses.
1. Judicial review of the exercise of
the power of eminent domain is 9. Tax on Kowledge- one imposed on
necessary: any periodical that exceeds a
maximum number of copies per
2. To determine the adequacy of the issue EQUAL PROTECTION AND
compensation TAXATION
3. To determine the necessity of the 10. Uniformity in Taxation- means that
taking persons or things belonging to the
4. To determine the "public use" same class shall be taxed at the
character of the taking. However, if same rate.
the expropriation is pursuant to a 11. Equality in taxation- means that
specific law passed by Congress, the tax shall be strictly proportional
the courts cannot question the to the relative value of the
public use character of the taking. property.
5. Point of reference for valuating a 12. Equitable taxation- connotes that
piece of property: General rule: taxes should be apportioned
The value must be that as of the among the people according to
time of the filing of the complaint their capacity to pay. DOUBLE
for expropriation. Exception: When TAXATION
the filing of the case comes later
than the time of taking and 13. Requisites of Double taxation-
meanwhile the value of the There is double taxation when: a.
property has increased because of additional taxes are laid b. on the
the use to which the expropriator same subject c. by the same taxing
has put it, the value is that of the jurisdiction d. during the same
time of the earlier taking. BUT if taxing period e. for the same
the value increased independently purpose. TAX EXEMPTIONS
of what the expropriator did, then
the value is that of the latter filing 14. Who are constitutionally granted
of the case. CHAPTER 7: TAXATION tax exemptions?

6. Taxes, defined. TAXES are the 1) The following properties are exempt
enforced proportional contributions from REAL PROPERTY taxes (CODE: Cha
from persons and property, levied Chu M- CA)
by the State by virtue of its
a) Charitable institutions b) Churches, and 4. Who are covered by the due
parsonages or convents appurtenant process of law? All persons, natural
thereto c) Mosques d) Non-profit as well as artificial are protected.
cemeteries; and e) All lands, buildings and However, artificial persons are only
improvements actually, directly and covered in so far as their property
exclusively used for religious, charitable, is protected.
or educational purposes.
Persons -Natural persons both the citizen
and the alien -Artificial persons like
2) All revenues and assets of NON-STOCK corporations and partnerships (oednly in
NON-PROFIT EDUCATIONAL institutions so far as their property is concer)
are exempt from taxes and duties
PROVIDED that such revenues and assets
are actually, directly and exclusively used 1. Deprivation- connotes denial of the
for educational purposes. (Art. XIV Sec 4 right to life, liberty or property. To
(3)) deprive means to take away
forcibly, to prevent from
possessing, enjoying or using
3) Grants, endowments, donations or something.
contributions used actually, directly and
exclusively for educational purposes shall
Deprivation per se is not necessarily
be exempt from tax. This is subject to
unconstitutional. What is prohibited id
conditions prescribed by law. (Art. XIV.
deprivation of life, liberty or property
Sec 4 (4)
without due process of law.

CHAPTER 8: DUE PROCESS OF LAW 47.


1. Life- connotes the integrity of the
Due Process, defined. Due process is a
physical person. It should embrace
guaranty against any arbitrariness on the
the enjoyment by the individual of
part of the government, whether
all the God-given faculties that can
committed by the legislature, the
make his life worth living.
executive, or the judiciary. Due Process
is: 1. A law which hears before it 2. Liberty- is the freedom to do right
condemns. 2. Due process of law and never wrong.
contemplates notice and opportunity to be
heard before judgment is rendered 3. Property- anything that can come
affecting ones person or property (Lopez under the right of ownership and
v. Dir. of Lands) 3. Due process depends be the subject of contract. Real,
on circumstances; it varies with the personal, tangible, intangible
subject matter and the necessities of the *Public office- not regarded as
situation. property
4. Requisites of SUBSTANTIVE due
process: CODE: I M
1. Aspects of Due Process:
5. The INTERESTS of the public
2. Procedural due process refers to generally, as distinguished from
the mode of procedure which those of a particular class, requires
government agencies must follow the interference by the government
in the enforcement and application and
of laws.
6. The MEANS employed are
necessary for the accomplishment
3. Substantive due process
of the purpose and not unduly
prohibition against arbitrary laws.
oppressive upon individuals.
7. Essential elements of procedural 1. Cases when notice and hearing
due process. may be omitted without violation of
the due process:
8. Notice
9. Hearing 2. When administrative agencies are
exercising their quasi-legislative
10. Requisites of PROCEDURAL due functions.
process: For JUDICIAL
proceedings: CODE: C J N O H a)
3. Abatement of nuisance per se.
An impartial court or tribunal
clothed with judicial power to hear
4. Granting by courts of provisional
and determine the matter before it.
remedies.
b) Jurisdiction must be lawfully
acquired over the person of the
defendant or over the property 5. Cases of preventive suspension.
which is the subject of the
proceedings. c) The defendant 6. Removal of temporary employees
must be given notice and an in the government service.
opportunity to be heard. d)
Judgment must be rendered upon 7. Issuance of warrants of distraint
a lawful hearing. and/or levy by the BIR
Commissioner.
11. Minimum appellate jurisdiction of
the Supreme Court:
8. Cancellation of the passport of a
person charged with a crime.
a. All cases involving the
constitutionality or validity of any i. 9. Issuance of sequestration orders
treaty ii. international or executive (considered a provisional remedy).
agreement iii. law iv. presidential
decree v. proclamation vi. order 10. Judicial order which prevents an
vii. instruction viii. ordinance, or ix. accused from travelling abroad in
regulation; order to maintain the effectivity of
the courts jurisdiction.
b. All cases involving the legality of any i.
tax ii. impost iii. assessment or iv. toll or 11. Suspension of a banks operations
v. any penalty imposed in relation by the Monetary Board upon a
thereto; prima facie finding of liquidity
problems in such bank. Note:

c. All cases in which the jurisdiction of any 12. The right to counsel is a very basic
lower court is in issue requirement of substantive due
process and has to be observed
even in administrative and quasi-
d. All criminal cases in which the penalty judicial bodies.
imposed is reclusion perpetua or higher;
and
13. The right to appeal is a statutory
privilege that may be exercised
e. All cases in which ONLY errors or only in the manner in accordance
questions of law are involved. with law. a.
14. Requisites of procedural due 1. What is Equal Protection? It simply
process in ADMINISTRATIVE requires that all persons or things
proceedings: CODE: H E D S H I P similarly situated should be treated
alike, both as to privileges
15. The right to a hearing, which conferred and liabilities enforced.
includes the right to present ones
case and submit evidence in 2. Classification- the grouping of
support thereof. persons or things similar to each
other in certain particulars and
16. The tribunal must consider the different from all others in these
evidence presented. same particulars.

17. The decision must have something 3. Requisites for valid classification
to support itself. for purposes of the equal
protection clause The classification
18. Evidence supporting the conclusion must: CODE: SGEE
must be substantial.
4. Based upon SUBSTANTIAL
19. The decision must be based on the DISTINCTIONS
evidence presented at the hearing
or at least contained in the record 5. Be GERMANE to the purposes of
and disclosed to the parties the law
affected.
6. NOT LIMITED TO EXISTING
20. The tribunal or body or any of its CONDITIONS only
judges must act on its or his own
independent consideration of the 7. APPLY EQUALLY to all members of
law and facts of the controversy, the SAME CLASS.
and not simply accept the views of
a subordinate in arriving at a CHAPTER 10: SEARCHES AND SEIZURES
decision.

21. The board or body should, in all 1. Section 2. The right of the people
controversial questions, render its to be secure in their persons,
decision in such a manner that the houses, papers, and effects against
parties to the proceeding can know unreasonable searches and
the various issues involved and the seizures of whatever nature and for
reasons for the decision rendered. any purpose shall be inviolable,
and no search warrant or warrant
Note: 1. What is required is not actual of arrest shall issue except upon
hearing, but a real opportunity to be probable cause to be determined
heard. 2. The requirement of due process personally by the judge after
can be satisfied by subsequent due examination under oath or
hearing. 3. Violation of due process: when affirmation of the complainant and
same person reviews his own decision on the witnesses he may produce, and
appeal. 4. Notice and hearing are required particularly describing the place to
in judicial and quasi-judicial proceedings, be searched and the person or
but not in the promulgation of general things to be seized.
rule. 2. Who is a proper party to invoke the
right against unreasonable
searches and seizures?
CHAPTER 9: EQUAL PROTECTION
This right is personal and may be should be issued to place the accused in
invoked only by the person entitled to it. immediate custody so as not to frustrate
i.e owner of the premises searched the ends of justice. 69. How does a judge
determine probable cause? Procedure: 1.
The judge personally evaluates the report
1. Requisites for a valid warrant: and supporting documents submitted by
CODE: P J E D the fiscal regarding the existence of
probable cause and, on the basis thereof,
2. It must be issued upon PROBABLE issue a warrant of arrest or 2. If on the
CAUSE. basis thereof, the judge finds no probable
cause, he may disregard the fiscals report
3. The existence of probable cause is and require the submission of supporting
determined personally by the affidavits of witnesses to aid him in
JUDGE. arriving at the conclusion as to the
existence of probable cause. Soliven v.
4. The judge must EXAMINE UNDER Makasiar
OATH the complainant and the
witnesses he may produce.
1. How shall the judge examine the
applicant for a warrant? According
5. The warrant must PARTICULARLY
to Rule 126, Sec. 4 of the Rules of
DESCRIBE the place to be searched
Court, the Judge , before issuing a
and person or things to be seized.
warrant, must personally examine
6. Probable cause- such facts and in the form of searching questions
circumstances antecedent to the and answers, in writing and under
issuance of the warrant that in oath the complainant and the
themselves are sufficient to induce witnesses that he may produce on
a cautious man to rely on them facts personally known to them ,
and act in pursuance thereof. and attach to the record their
sworn statements together with
7. Existence of probable cause any affidavits submitted.
DETERMINED PERSONALLY BY
THE JUDGE 2. Test of a Valid Affidavit The
affidavits, to be considered valid,
The judge is NOT required to personally should be drawn in such a manner
examine the complainant and his that the affiant could be charged
witnesses. What the Constitution with perjury if the allegations
underscores is the exclusive and personal contained therein are found to be
responsibility of the issuing judge to untrue.
satisfy himself of the existence of
probable cause (Soliven v. Makasiar, 167 3. JOHN DOE WARRANT A John Doe
SCRA 394). The Court cited Rule 112, Sec. warrant can satisfy the
6 of the Rules of Court, providing that a requirement of particularity of
judge may issue a warrant of arrest only if description if it contains a
he is satisfied by the investigation descriptio personae such as will
conducted by him or the prosecutor that enable the officer to identify the
there is probable cause. 68. Prosecutor accused (People v. Veloso, 48 Phil.
and judge distinguished as to their 159) *a description of a place to
objectives: (Ho v. People) The prosecutor be searched is sufficient if the
determines whether there is a reasonable officer with the warrant can , with
ground to believe that the accused is reasonable effort, ascertain and
guilty and should be held for trial. The identify the place intended.
judge determines if the warrant of arrest
4. GENERAL WARRANT A general 10. When the person to be arrested is
warrant is one that does not allege a prisoner who has escaped from a
any specific acts or omissions penal establishment or place where
constituting the offense charged in he is serving final judgment or
the application for the issuance of temporarily confined while his case
the warrant. It contravenes the is pending, or has escaped while
explicit demand of the Bill of Rights being transferred from one
that the things to be seized be confinement to another.
particularly described.
B. VALID WARRANTLESS SEARCHES Rule
5. What are the properties subject to 113, Sec. 5, of the Rules of Court provides
seizure? Under Rule 126, Section that valid warrantless searches are limited
2, of the Rules of Court, the to 1) Customs searches; 2) Searches of
following are subject to search and moving vehicles 3) Seizure of evidence in
seizure: (1) Property subject of the plain view 4) Consent searches 5)
offense; (2) Property stolen or Searches incidental to a lawful arrest; and
embezzled and other proceeds or 6) stop and frisk Guidelines: VALID
fruits of the offense; and (3) WARRANTLESS SEARCH
Property used or intended to be
used as a means of committing an
offense. 1. Search made as an incident to
lawful arrest
6. Admissibility of Illegally seized
evidence RULE: Articles illegally A. An officer making an arrest may take
seized are not admissible as from the person arrested: i. Any money or
evidence. Exception: -when property found upon his person which was
evidence illegally seized will be used in the commission of the offense or
used in the judicial or ii. Was the fruit thereof or iii. Which might
administrative action that may be furnish the prisoner with the means of
filed against the officer responsible committing violence or escaping or iv.
for its illegal seizure. -when Which may be used in evidence in the trial
accused, before arraignment, did of the case B. The search must be made
not raise the issue of the simultaneously with the arrest and it may
admissibility of the evidenceagainst only be made in the area within the reach
him on the ground that it had been of the person arrested
illegally seized (waiver)
7. Warrantless Searches and Seizures
A. VALID WARRANTLESS ARRESTS 1. Search of moving vehicles
A peace officer or even a private
person may , without a warrant, A. This exception is based on exigency.
arrest a person: Thus, if there is time to obtain a warrant
in order to search the vehicle, a warrant
8. When such person has in fact just must first be obtained. B. The search of a
committed, is actually committing, moving vehicle must be based on
or is attempting to commit an probable cause.
offense in his the presence;
9. When an offense has in fact just 1. Seizure of goods concealed to
been committed and the arresting avoid customs duties/authorized
officer has personal knowledge of
under the Tariffs and Customs
facts indicating that the person to Code A. The Tariffs and Customs
be arrested has committed it.
Code authorizes persons having
police authority under the Code to
effect search and seizures without irregularity which may have occurred in
a search warrant to enforce relation to his arrest. 5. Hot pursuit
customs laws. B. Exception: A
search warrant is required for the
search of a dwelling house. C. A. The pursuit of the offender by the
Searches under this exception arresting officer must be continuous from
include searches at borders and the time of the commission of the offense
ports of entry. Searches in these to the time of the arrest. B. There must be
areas do not require the existence no supervening event which breaks the
of probable cause continuity of the chase. 6. Stop and frisk
When a policeman observes suspicious
2. Seizure of evidence in plain view A. activity which leads him to believe that a
To be a valid warrantless search, crime is about to be committed, he can
the articles must be open to the investigate the suspicious looking person
eye and hand. B. The peace officer and may frisk him for weapons as a
comes upon them inadvertently. measure of self-protection. Should he
3. Waiver of right A. Requisites of a find, however, a weapon on the suspect
valid waiver: i. The right exists. ii. which is unlicensed, he can arrest such
The person had actual or person then and there for having
constructive knowledge of the committed an offense in the officers
existence of such right. iii. There is presence. 76. Privacy of Communication
an actual intention to relinquish and Correspondence This right rules out
such right. B. The right against eavesdropping in conversations through
unreasonable searches and the use of electronic gadgets and thus
seizures is a personal right. Thus, covers with its protection even intangible
only the person being searched can things. 77. Implementation of RA 4200
waive the same. C. Waiver requires
a positive act from the person.
R.A. 4200 (Anti-Wiretapping Act)
Mere absence of opposition is not a
waiver. D. The search made
pursuant to the waiver must be 1. The law does not distinguish
made within the scope of the between a party to the private
waiver. communication or a third person.
Hence, both a party and a third
Note: 1. Checkpoints: as long as the person could be held liable under
vehicle is neither searched nor its R.A. 4200 if they commit any of
occupants subjected to a body search and the prohibited acts under R.A.
the inspection of the vehicle is limited to a 4200 (Ramirez v. Ca)
visual search = valid search (Valmonte V.
De Villa) 2. The 1987 Constitution has 2. The use of a telephone extension
returned to the 1935 rule that warrants to overhear a private conversation
may be issued only by judges, but the is not a violation of R.A. 4200
Commissioner of Immigration may order because it is not similar to any of
the arrest of an alien in order to carry out the prohibited devices under the
a FINAL deportation order. VALID law. Also, a telephone extension is
WARRANTLESS ARRESTS not purposely installed for the
purpose of secretly intercepting or
recording private communication.
1. Waiver of an invalid arrest: (Gaanan v. IAC, 145 SCRA 112)

When a person who is detained applies for Types of communication protected:


bail, he is deemed to have waived any Letters, messages, telephone calls,
telegrams and the like. Exclusionary rule:
Any evidence obtained shall be
inadmissible for any purpose in any
proceeding. However, in the absence of
governmental interference, the protection
against unreasonable search and seizure
cannot be extended to acts committed by
private individuals. (People v. Martin)

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