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POLICE POWER
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.
Prof. Muyot: The general rule is that the state must uphold the greater good for the greatest number of people. However, the interests of the minority sometimes defeat the interests of the majority
because of the value we put on the interests of the minority in the hierarchy of rights.
Prof. Muyot: Because police power is plenary in nature, an issue that arises is that it might impinge on the rights of others. Therefore, the three tests to determine whether a statute is a valid
exercise of police power must be applied. In the strict scrutiny test, the burden of justifying a compelling state interest is on the state. For the rational basis test, however, the burden is on the
petitioner to show that the statute unduly impinges on a right he has or does not promote a substantial interest of the public.
The most essential, insistent and the least limitable of powers, extending as it does to all the great public needs. That inherent and plenary power in the State which enables it to prohibit all that is
hurtful to the comfort, safety, and welfare of society. Ermita-Malate Hotel and Motel Operators Association Inc. v. Mayor of Manila
1 Arquero - A2021
The Ordinance is constitutional because, as against the property rights of motel Biggest mistake of petitioners is that they failed to
02 Ermita-Malate Hotel & Motel operators, the power and duty of the government to minimize practices harmful to show a right that has a high value. They asserted
Operators v. City Mayor of public morals is to be given greater weight. With the alarming rate of prostitution and property right—their right to profit. When you weigh it
Manila fornication, traced in great part to the existence of motels, the necessity for the against the greater good of the greatest number—to
Ordinance becomes evident. preserve public morality—it is defeated.
A Manila ordinance prohibits motels, etc. from offering short-time admission, as well as
pro-rated or "wash up" rates for such abbreviated stays. The ordinance was invalidated
as violative of the right to property of motel operators and of liberty of potential
clients, specifically, their right to privacy. The hotel operators were allowed to
raise the issue of liberty of clients by appealing to "third party standing."
The Ordinance proscribes/impairs legitimate activities
03 White Light Corp v. City of Because the right asserted (privacy) is relatively high in the hierarchy, the strict such as licit behavior in motels and legitimate sexual
Manila scrutiny test must be applied. This test requires that: behavior among consenting married or consenting
(1) Interests of the public generally require an interference with private rights single adults.
(2) Means must be reasonably necessary for accomplishment of purpose
(3) It must not be unduly oppressive of private rights
(4) No other alternative for accomplishment of the purpose less intrusive of private
rights can work
The right asserted against the DOLE order requiring registration in the ARB is the
right of employment which is a property right. Being a mere property right, the
05 JMM Promotion and petitioner has the burden of showing that the ARB requirement does not pass the
Management, Inc. v. Court of rational basis test. However, the Court ruled that the ARB was merely a means to
Appeals prove that the performer possessed relevant training and qualifications to be able to
perform the work to which she was to be employed. Therefore, it is constitutional and is
a valid exercise of police power.
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The Davao City Ordinance which imposed a ban against aerial spraying as an
agricultural practice within Davao City and also required a 30-meter Buffer Zone (BZ)
within and around the boundaries of farms and plantations in order to minimize harm
to the environment and inhabitants was held to be unconstitutional insofar as it (1)
disregarded distinctions when it prohibited aerial spraying per se regardless of the
substance or the level of concentration of the chemicals to be applied, and (2) imposed
06 Mosqueda v. Pilipino Banana
the 30-meter buffer zone in all agricultural lands in Davao City regardless of the size of
Growers landholdings.
Also, it was held that 3 months is too short a time to enable the agricultural industries
who utilize aerial spraying to shift to a manual procedure given that a shift to truck-
mounted boom spraying would take around 3 years and a shift to ground-spraying
would cost around P400 Million
Again, the property rights asserted by the drugstores in assailing the exercise of police
power by enacting RA 9442, the Magna Carta for Persons with Disability, granting
PWDs a 20% discount on the purchase of medicine & providing for a tax deduction
scheme must bow down to the primacy of the interests of the public.
08 Drugstores Association of the
In its essence, the discounts are in the form of subsidies
PH v. National Council on As to the lawful purpose, the discount privilege to which the PWDs are entitled is borne by the state.
Disability Affairs actually a benefit enjoyed by the general public to which these citizens belong. As to the
lawful means, the discount is not oppressive, considering that as a form of
reimbursement, the discount extended to PWDs in the purchase of medicine can be
claimed by the establishments as allowable tax deductions
The grant of the 20% discount to senior citizens’ is a valid exercise of police power. The Businesses view it as an illegal taking of their property.
right asserted, property rights, must bow down to the primacy of the police power. The Property is being taken away from them and they are
09 Southern Luzon Drug Corp v. petitioners were not able to show that the exercise did not possess a lawful purpose and not being compensated justly. Benefit is for private
DSWD did not employ a lawful means. There was in fact no illegal taking of property but only individuals only. However, the petitioners have not
an imposition of a burden which in fact was borne by the state and not by the shown if you were a good businessman, you would have
petitioners. incorporated the effect of the subsidy to the price.
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Because the right to travel is a fundamental right which is high in the hierarchy, the
strict scrutiny test must be applied. It is therefore the State’s burden to show that there
is a compelling state interest and that the exercise is the least restrictive means to
protect that interest. All three ordinances were able to prove a compelling state
interest. However, only the Quezon City ordinance was able to provide for guidelines
10 SPARK v. Quezon City which were the least restrictive upon the rights of those affected. The aforementioned
ordinance upholds the right of association by enabling minors to attend both official and
extra-curricular activities not only of their school or church but also of other legitimate
organizations. The rights to peaceably assemble and of free expression are also covered
given that the minors' attendance in the official activities of civic or religious
organizations are allowed during the curfew hours.
Section 5(f) of Republic Act No. 7924 authorizes the MMDA to confiscate and suspend
or revoke driver’s licenses in the enforcement of traffic laws and regulations. However,
this is an unauthorized exercise of police power because the general rule is that Police
Delegated power cannot be delegated. What MMDA can
power cannot be exercised by administrative bodies. Police power is lodged primarily in
11 MMDA v. Garin the national legislature. However, it may be delegated to the President and
do is delegate enforcement, deputization of the MMDA
and not the delegation of the power.
administrative boards as well as the lawmaking bodies of municipal corporations or
LGUs. The MMDA, not falling under any of these categories, and absent any grant by
Congress, cannot exercise police power.
A. No. Only those authorized by law may bear arms. Even the provision in the
American Constitution has reference only to a collective right of militia to bear arms.
No similar provision is found in our Constitution.
Being a statutory privilege, the license to bear arms therefore may be revoked or
rescinded by executive action. It does not confer an absolute right but only a personal
12 Chavez v. Romulo privilege to be exercised under existing restrictions, and such as may thereafter be
reasonably imposed.
The exercise also passes the rational basis test in that the interests of the public
generally, as distinguished from those of a particular class, require the exercise of the
police power as shown by the need for peace and order in the society owing to the
proliferation of crimes (those by the NPA) which tends to disturb the peace of the
community; and the means employed are reasonably necessary for the accomplishment
of the purpose and not unduly oppressive upon individuals.
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The rehabilitation of the Agrix Group of Companies is not a valid exercise of police
power because both lawful purpose as well as lawful means do not concur.
As to the lawful purpose, there was no showing as to the identity of the public interest.
It appears that the decree was issued only to favor a special group of investors
preferred to legitimate creditors of AGRIX. Agrix was a venture put up in Los Baños funded by UP
13 NDC v. Philippine Veterans
personnel, especially new retirees. Business failed so
Bank As to the lawful means, it is unduly oppressive because the right to property in all the retirees who put in their money were defrauded
mortgages, liens, interests, penalties and charges owing to creditors of AGRIX is
arbitrarily destroyed. No consideration is paid for the extinction of mortgage rights and
the accrued interests are simply rejected by decree. Also, the decree lumps secured and
unsecured creditors and places them on the same level in the prosecution of their
respective claims.
EMINENT DOMAIN
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.
The power to forcibly take private property for public use upon payment of just compensations.
The Agrarian Reform laws (provided for compulsory acquisition of private lands for The public good is that it will address the insurgency
distribution among tenant-farmers and to specify maximum retention limits for and will lead to peace and order.
landowners) are a valid exercise of Eminent Domain because the two requisites of
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landowners) are a valid exercise of Eminent Domain because the two requisites of
public use and just compensation have been complied with.
01 Association of Small As to public use, it was to “encourage and undertake just distribution of all agricultural
Landowners v. Sec. of Agrarian lands to enable farmers who are landless to own directly or collectively the lands they If it were just the retention limits, it is an exercise of
Reform till.” police power. But because several land owners owned a
lot more than the retention limit, then the property had
As to just compensation, it is compliant because although the traditional medium for to be taken.
payment is money, the CARP is not a traditional exercise of Eminent Domain in that it
entails the expropriation of vast tracts of land and the necessity of more than 50 billion
pesos. Therefore other things of value such as bonds must be allowed.
NHA expropriated sugarcane lands of the cadastral survey of Dasmariñas, Cavite for
the public purpose of the expansion of the Dasmariñas Resettlement Project to
accommodate the squatters who were relocated from the Metropolitan Manila area. The
petitioners’ arguments that the exercise of eminent domain is not valid in light of
NHA’s failure to relocate squatters from the Metropolitan Manila area on the
expropriated lands and failure to pay the just compensation fixed by the court cannot
hold water.
As to public use, the NHA entering into a contract with a real estate developer for the
construction of low cost housing on the expropriated lots to be sold to qualified low
income beneficiaries is not a deviation from the public purpose of their taking.
02 Reyes v. NHA Expropriation of private land for slum clearance and urban development is for a public
purpose even if the developed area is later sold to private homeowners, commercials
firms, entertainment and service companies, and other private concerns.
As to just compensation, no showing that NHA does not intend to pay petitioners.
However, their delay ( by reason of failure of petitioners to pay the capital gains tax and
to surrender the owners’ duplicate certificates of title) is unjustified because under the
expropriation judgment the payment of just compensation is not subject to any
condition. As such, NHA is ordered to pay P1,218,574.35 with legal interest thereon at
12% per annum computed from the taking of the expropriated properties in 1997 until
the amount due shall have been fully paid.
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Under RA 7279, LANDS for socialized housing are to be acquired in the following order:
(LANDS will GAID BLISS)
(1) Government lands;
(2) Alienable lands of the public domain;
(3) unregistered or abandoned or Idle lands;
03 City of Mandaluyong v. (4) lands within the Declared Areas for Priority Development (APD), Zonal The City of Mandaluyong cannot just take because it is
Aguilar Improvement Program (ZIP) sites, Slum Improvement and Resettlement (SIR) sites the most convenient way. It must follow the UDHA.
which have not yet been acquired;
(5) Bagong Lipunan Improvement of Sites and Services or BLISS sites which have not
yet been acquired,
(6) Privately-owned lands
R.A. 7279 also provides: “Section 10. Modes of Land Acquisition.·The modes of
acquiring lands for purposes of this Act shall include, among others, community
mortgage, land swapping, land assembly or consolidation, land banking, donation to the
Government, joint-venture agreement, negotiated purchase, and expropriation:
Provided, however, That expropriation shall be resorted to only when other modes of
acquisition have been exhausted: Provided, further, That where expropriation is
resorted to, parcels of land owned by small property owners shall be exempted for
purposes of this Act: Provided, finally, That abandoned property, as herein defined,
shall
be reverted and escheated to the State in a proceeding analogous to the procedure laid
down in Rule 91 of the Rules of Court.
The Ordinance which authorized the mayor to expropriate the land—which had been
validly purchased—as a socialized housing site was held to be infirm because the City
04 Lagcao v. Abra of Cebu failed to prove that it had exhausted the UDHA hierarchy for socialized
housing. Compliance is mandatory for it serves as a safeguard against tyrannical
violation of due process when property is taken.
TAXATION
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.
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Q. When is there double taxation?
A. There is double taxation when:
(1) the same subject matter is taxed twice;
(2) in the same jurisdiction;
(3) for the same purpose;
(4) during the same taxing period;
(5) by the same taxing authority; and
(6) the tax is of the same kind and character.
READ? CASE DOCTRINE NOTES
BP 135 imposing higher rates of tax upon income arising from the exercise of a
profession than those which are imposed upon fixed income or salaried individual
taxpayers is valid because recipients of compensation income incur practically no
overhead expense—they are not entitled to make deductions for income tax purposes
because their income, more or less, does not change. As in the case of professionals in
the practice of their calling and businessmen, there is no uniformity in the costs or
expenses necessary to produce their income. It would not be just to disregard the
01 Sison v. Ancheta disparities by giving all of them zero deduction and indiscriminately impose on all alike
the same tax rates on the basis of gross income.
Equality and uniformity in taxation means that all taxable articles or kinds of property
of the same class shall be taxed at the same rate. The taxing power has the authority to
make reasonable and natural classifications for purposes of taxation. There is quite a
similarity then to the standard of equal protection for all that is required is that the tax
applies equally to all persons, firms and corporations placed in a similar situation.
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The allegation of Solidbank that its income that had already been subject to the FWT
should no longer be subject to the GRT cannot stand because the FWT and GRT are
taxes of a different nature, the former being a percentage tax and the latter being an
income tax. Moreover, the FWT is a tax on the depositor while the GRT is a tax on the
bank in its exercise of business. Moreover, the argument that the amount subject to
FWT was not actually received by the bank but was directly remitted to the government
and thus cannot be subject to GRT—the bank having derived no benefit therefrom—and
should thus not be subject to GRT cannot also be upheld due to the constructive receipt
by Solidbank because the process of bookkeeping and accounting for interest on
deposits and yields on deposit substitutes that are subjected to FWT are, for legal
03 CIR v. Solidbank purposes, tantamount to delivery, receipt, or remittance.
Although the Lung Center of the Philippines retains its status as a charitable
institution, it cannot be gainsaid that the institution itself is exempt from the payment
of taxes. In fact, Sec. 28 (3) of Constitution exempts from real estate taxes “lands, Laws granting exemption from tax are construed
buildings and improvements actually, directly and exclusively used for religious, strictissimi juris against the taxpayer and liberally in
04 Lung Center v. Quezon City charitable or educational purposes.” A line must therefore be drawn wherein portions of favor of the taxing power. Taxation is the rule and
land leased to private entities and private individuals are not exempt from such taxes exemption is the exception.
and the portions of land occupied by the hospital and used for its patients, whether
paying or non-paying, are exempt from real property taxes.
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NPC’s refusal to pay the tax assessment because Cabanatuan had no authority to
impose tax on government entities and that as a non-profit organization, it is exempted
from the payment of all forms of taxes (RA 6395) is unjust.
First, Although as a general rule, LGUs cannot impose taxes, fees or charges of any
kind on the National Government, its agencies and instrumentalities, an exception is
when specific provisions of the LGC authorize the LGUs to impose taxes, fees or
charges on the aforementioned entities.
Second, NPC generates power and sells electricity in bulk which are activities that do
not partake of the sovereign functions of the government. They are purely private and
05 NPC v. City of Cabanatuan commercial undertakings, albeit imbued with public interest. The public interest
involved in its activities does not distract from the true nature of the petitioner as a
commercial enterprise. As such, it must be allowed to be subject to franchise tax—a tax
on the privilege of transacting business in the state and exercising corporate franchises
granted by the state.
BILL OF RIGHTS
Q. Does the Bill of Rights apply only to actions taken by state officials?
A. The principle that the Bill of Rights applies only to actions taken by state officials does not necessarily mean that a private individual cannot violate the liberty of another. Violation of the Bill of
Rights precisely as a constitutional guarantee can be done ONLY by public officials. But almost all of these liberties are also guaranteed by Article 32 of the Civil Code, thus making private
violations actionable even if the violation does not have a constitutional consequence.
DUE PROCESS
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.
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Q. What are the essential requirements of procedural due process in courts?
A. These are:
(1) There must be a court or tribunal clothed with judicial power to hear and determine the matter before it;
(2) jurisdiction must be lawfully acquired over the person of the defendant or over the property which is the subject of the proceedings;
(3) the defendant must be given an opportunity to be heard; and
(4) judgment must be rendered upon lawful hearing.
Q. What are the essential requirements of procedural due process before administrative agencies? NOTE
A. Briefly, the following are required:
(1) the right to actual or constructive notice of the institution of proceedings which may affect a respondent's legal rights;
(2) a real opportunity to be heard personally or with the assistance of counsel, to present witnesses and evidence in one's favor, and to defend one's rights;
(3) a tribunal vested with competent jurisdiction and so constituted as to afford a person charged administratively a reasonable guarantee of honesty as well as impartiality; and
(4) a finding by said tribunal which is supported by substantial evidence submitted for consideration during the hearing or contained the records or made known to the parties affected.
Air Manila, Inc. v. Balatbat
Q. When do laws which interfere with life, liberty, or property satisfy substantive due process?
A. To justify the State in interposing its authority in behalf of the public, it must appear,
(1) that the interests of the public generally, as distinguished from those of a particular class, require such interference; and,
(2) that the means are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive upon individuals. The legislature may not, under the guise of protecting the
public interest, arbitrarily interfere with private business or impose unusual and unnecessary restrictions upon lawful occupations.
United States v. Toribio
READ? CASE DOCTRINE NOTES
"Due process of law" means simply: first, that there shall be a law prescribed in
harmony with the general powers of the legislative department of the Government;
01 Rubi v. Prov. Board of
second, that this law shall be reasonable in its operation; third, that it shall be enforced
Mindoro
according to the regular methods of procedure prescribed; and fourth, that it shall be
applicable alike to all the citizens of the state or to all of a class.”
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The PPA Administrative Order which limited the term of appointment of harbor pilots
It is the frequency with which the appointment is
to only one year is violative of due process. It is substantive due process that is violated
03 Corona v. United Harbors renewed (yearly) that makes the law oppressive. At the
because the law unduly restricts harbor pilots’ right to enjoy their profession before
Pilots Association compulsory retirement—a violation of their security of tenure tantamount to
end of the year, harbor pilots cannot work which is a
violation of their property right, their right to work
deprivation of property without due process of law.
Covered by this rule are presidential decrees and executive orders promulgated by the
President in the exercise of legislative powers whenever the same are validly delegated
by the legislature or, at present, directly conferred by the Constitution. Administrative A law is of general application when it creates rights
04 Tañada v. Tuvera
rules and regulations must also be published if their purpose is to enforce or implement and obligations
existing law pursuant also to a valid delegation.
Interpretative regulations and those merely internal in nature, that is, regulating only
the personnel of the administrative agency and not the public, need not be published.
Neither is publication required of the so-called letters of instructions issued by
administrative superiors concerning the rules or guidelines to be followed by their
subordinates in the performance of their duties.
The CIR, a special court created under CA 103 is more an administrative than a part of
the integrated judicial system of the nation. It is not like a court of justice which is
essentially passive, acting only when its jurisdiction is invoked and deciding only cases
that are presented to it by the parties litigant but is more active, affirmative and
dynamic.
The CIR exercises judicial or quasi-judicial functions in the determination of
disputes between employers and employees but its functions in the determination
of disputes between employers and employees
are far more comprehensive and expensive. It has jurisdiction over the entire
Philippines, to consider, investigate, decide, and settle any question, matter controversy
or dispute arising between, and/or affecting employers and employees or laborers, and
regulate the relations between them.
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The fact that the CIR is free from the rigidity of certain procedural requirements does
not mean that it can entirely ignore or disregard the fundamental and essential
requirements of due process in trials and investigations of an administrative character.
There are primary rights which must be respected even in proceedings of this character:
Substantial evidence is such relevant evidence enough
(1) The first of these rights is the right to a hearing, which includes the right of the to convince a reasonable person/mind that it is
party interested or affected to present his own case and submit evidence in support adequate to support a conclusion.
thereof;
As long as CIR does not disregard fundamental
06 Ang Tibay v. CIR
(2) Tribunal must consider the evidence presented; principles of due process, agencies exercising quasi-
judicial functions are valid. This is for practicality,
(3) While the duty to deliberate does not impose the obligation to decide right, it does because these agencies have the technical competence
imply a necessity which cannot be disregarded, namely, that of having something to which courts do not have so they are allowed to exercise
support its decision. A decision with absolutely nothing to support it is a nullity, a place quasi-judicial functions.
when directly attached;
(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 affected. Boards of inquiry may be
appointed for the purpose of investigating and determining the facts in any given case,
but their report and decision are only advisory.
(6) The CIR or any of its judges, therefore, 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 CIR 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
reasons for the decision rendered.
Solar Textile Finishing Corporation’s right to due process was not violated because
there had already been a prima facie determination of respondent’s discharge of
07 Pollution Adjudication Board The hearing was not to prove that there is no pollution
wastewater into a drainage canal leading to the Tullahan-Tinejeros River based on the
v. Court of Appeals but to prove that they are adopting remedial measures
2 inspections made by the PAB. Because of this, the ex parte cease and desist order
does not violate the right to due process of Solar.
Court held that due process was not observed. The decision to refuse them re-
enrollment because of failing grades was a mere afterthought. It is not denied that
what incurred the ire of school authorities were the student mass actions. Therefore,
Mabini College must allow the re-enrollment of petitioners without prejudice to an
appropriate action as to those as can be seen in their records (Form 137) who have
failed to satisfy the school’s prescribed academic standards.
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The imposition of disciplinary sanctions on students requires observance of procedural
due process:
(1) Students must be informed in writing of the nature and cause of any accusation
08 Non v. Dames II against them
(2) They shall have the right to answer the charges against them, with the assistance of
counsel if desired
(3) They shall be informed of the evidence against them
(4) They shall have the right to adduce evidence in their own behalf, substantial
evidence
(5) Evidence must be duly considered by investigating committee
(6) Penalty imposed must be proportionate to the offense committed - to remind schools
that they can’t just disallow students from enrolling, or imposing upon them a greater
penalty than their offense
EQUAL PROTECTION
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. Yes. E.g., with the passage of the subsequent laws amending the charter of seven (7)
other governmental financial institutions (GFIs) removing limitations on employees,
the continued operation of the limitation on Central Bank employees under Section
15(c), Article II of the Central Bank law constitutes invidious discrimination on the
2,994 rank-and-file employees of the Bangko Sentral ng Pilipinas (BSP). This is a case
of relative unconstitutionality. According to the dissenters, relative constitutionality
applies to the same law in a different time under
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According to the dissenters, relative constitutionality
applies to the same law in a different time under
On its face, the law is constitutional insofar as the distinction made between the rank-
different circumstances. “You can’t even compare
and-file employees of BSP as to its other employees whose salary grades were above 19
central bank rank and file employees because they
01 Central Bank Employees has a rational basis and is not palpably, purely, and entirely arbitrary in the legislative
exercise regulatory functions with other GFI rank and
Association, Inc. v. Bangko sense. Address the BSP’s lack of competitiveness in terms of attracting competent
file which were exercising proprietary functions.” -
Sentral ng Pilipinas officers and executives. The purpose of the law is to address the BSP’s lack of
Carpio Morales. The court, in so ruling, legislated by
competitiveness in terms of attracting competent officers and executives.
amending that provision of the Central Bank law and,
in effect, substituted its own factual findings for the
However, the exemption of other rank-and-file employees of GFIs (LBP, SSS, SBGFC,
factual determinations of Congress
GSIS, DBP, HGC, PDIC) from SSL enacted through subsequent laws makes it violative
of equal protection by the doctrine of relative constitutionality.
In US law, tests for determining Equal Protection have undergone radical evolution:
STRICT SCRUTINY - ENDS MUST BE COMPELLING AND THE MEANS
NECESSARY
INTERMEDIATE TEST - ENDS MUST BE IMPORTANT AND THE MEANS
SUBSTANTIALLY RELATED
RATIONAL BASIS - ENDS MUST BE LEGITIMATE AND THE MEANS
RATIONALLY RELATED
The withdrawal of the franking privilege—privilege of sending mail without postage fee
—from the Supreme Court, the Court of Appeals, the Regional Trial Courts, the The reason the franking privilege was withdrawn
Metropolitan Trial Courts, the Municipal Trial Courts, and the Land Registration wasn’t because they were in the judicial branch, it was
02 PHILJA v. Pardo Commission and its Register of Deeds, along with certain other government offices is because they were the heaviest users of the franking
violative of equal protection because the distinction the respondents made is based on privilege. Importance of franking privilege for the
the belief that the franking privilege should be extended only to those who do not need courts is serving NOTICE!
it very much—like the widows of former Presidents—but not to those who need it badly.
RA 1180’s prohibition against aliens from engaging directly or indirectly in the retail
trade is a valid classification as against citizens because the alien’s interest in the
Philippines is merely transient and temporary and it is therefore ill-advised to entrust
function of retail distribution to his hands. The alien’s aim or purpose of stay is neither
03 Ichong v. Hernandez illegitimate nor immoral, but is naturally lacking in loyalty for our country since he
owes allegiance to a different country and he can therefore exploit Filipinos and then go
back to his country. Difference in alien aims and purposes are sufficient basis for
distinction
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RA 3350 states that members of any religious sect which prohibit affiliation of their
members in a union may choose not to comply with an organization’s closed-shop
agreement. The statute is a valid classification:
(1) It classifies employees and workers as to effect and coverage of union shop security
agreements into those who by reason of religious belief cannot sign up with a labor
04 Victoriano v. Elizalde Rope
union. Real distinction in religious beliefs, feelings and sentiments of employees
Workers Union
(2) Germane to the purpose of the law: purpose is to avoid those who cannot join labor
unions because of their religious belief from being deprived of their right to work
(3) Not limited in its application to conditions existing at the time of its enactment:
intended to apply for as long as conditions to which the law is applicable exist
(4) Act applies equally to all members of said religious sects
Q. The following disqualification for local elective office found in Batas Big.
52, section 4, is challenged as discriminatory:
Any retired elective provincial, city or municipal official who has received payment of
retirement benefits to which he is entitled under the law and who shall have been 65
years of age at the commencement of the term of office to which he seeks to be elected,
05 Dumlao v. COMELEC
shall not be qualified to run for the same elective local office from which he has retired.
A. The provision satisfies all the requirements of valid classification. It is within the
competence of the legislature to prescribe qualifications for one who desires to become a
candidate for office provided they are reasonable.
16 Arquero - A2021
Section 5(b) of R.A. No. 8180 which imposes and collects a tariff duty on imported crude
oil at the rate of 3% and imported refined petroleum products at the rate of 7%, except
fuel oil and LPG, the rate for which shall be the same as that for imported crude oil is
violative of equal protection. It actually defeated the purpose of the law which is to
encourage competition which requires the presence of not one, not just a few but several
players. Monopolistic or oligopolistic markets deserve our careful scrutiny and laws
which barricade the entry points of new players in the market should be viewed with
On its face, the law is constitutional. But as applied, it
suspicion. The oil industry was controlled by an oligopoly (Petron, Shell, and Caltex)
is unconstitutional. The assumption for the tariff
which have existing refineries. The tariff differential of 4% therefore works for their
differential is everyone can refine, so if you import it’s
immense benefit. This also poses a high barrier to entry of new players who will need to
more expensive. Prices of oil were going down so it
07 Tatad v. Secretary of Energy build their own refineries for billions if they want to keep their product cost
would be cheaper to import. Defeats the purpose
competitive.
because it prevents competition. Go beyond the law
(facial challenge) and use the law as applied to
In additoin, the provision on inventory widens the balance of advantage of Petron, Shell
determine constitutionality
and Caltex against prospective new players. Petron, Shell and Caltex can easily comply
with the inventory requirement in view of their existing storage facilities. Prospective
competitors again will find compliance with this requirement difficult as it will entail a
prohibitive cost. The construction cost of storage facilities and the cost of inventory can
thus scare prospective players. Their net effect is to further occlude the entry points of
new players, dampen competition and enhance the control of the market by the 3
existing oil companies.
The exclusion of males from the protection of RA 9262 does not violate equal protection. RA 9262 is an affirmative action—to give those who
First, the court examined the unequal power relationship between men and women have less in life more in law. The unequal power
which has been present since time immemorial. Also, the abundance of gender-based relationship between men and women was embodied by
violence is deemed closely linked to the unequal power relationship. Violence against men taking on positions of dominance such as heads of
08 Garcia v. Drilon women is the the expression men use to control women and retain power. Second, the businesses, etc. Prevalence of violence against women
distinction is germane to the purpose of the law—to address the violence against especially in the domestic set-up, socio-cultural norms
women and children. Third, it applies equally to all members of the same class because (women sometimes perpetrate the bias against
all women and children who suffer violence may seek refuge under the law. themselves)
EO 1 provides for an arbitrary classification because the intent to single out the
previous administration is plain, patent and manifest. The Arroyo administration is but
just a member of a class, that is, a class of past administrations. It is not a class of its
own. Reports of widespread corruption in the Arroyo administration cannot be a valid
basis for distinguishing it from earlier administrations since corruption is not inherent
in, and do not inure solely to the Arroyo administration. The prerogative of the
09 Biraogo v. Phil Truth president to expand the scope of the investigations does not save the statute from
infirmity because it is still subject to the whims and caprice of the Chief Executive.
Commission
17 Arquero - A2021
Commission
Q. Executive Order No. 1 created the Truth Commission with power to
investigate graft and corruption committed during the Arroyo administration.
Valid?
A. No. It violates equal protection for focusing only of what happened during the Arroyo
administration.
SEC. 2. 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.
SEC. 3. (2) ANY EVIDENCE OBTAINED IN VIOLATION OF THIS OR THE PRECEDING SECTION SHALL BE INADMISSIBLE FOR ANY PURPOSE IN ANY PROCEEDING.
Q. What is the consequence of a search or seizure without a warrant or by authority of an invalid warrant?
A. Any evidence obtained in such search or seizure, "shall be inadmissible for any purpose in any proceeding." Article III, ! Section 3 (2). The Constitution explicitly follows the exclusionary rule.
18 Arquero - A2021
In this case, the warrants were in the nature of general warrants because not only was
no specific offense nor specific act or omission constituting that offense alleged in the
applications for search warrants making it impossible for the judges who issued the
warrants to have found the existence of probable cause but the warrants also
authorized the search for and seizure of records pertaining to all business transactions
of petitioners regardless of whether the transactions were legal or illegal. Such would
be tantamount to fishing of evidence.
This case also overturned the ruling in Moncado v. People’s Court which ruled that
things seized in an unlawful search and seizure are admissible in evidence based on the If the applicant for a search warrant has competent
rule that the criminal should not be allowed to go free merely "because the constable evidence to establish probable cause of the commission
has blundered.” Alternative remedies are an action for damages, criminal punishment, of a given crime by the party against whom the warrant
and others. is intended, then no reason not to comply with the
01 Stonehill v. Diokno requirements of the Constitution. If no competent
Q. Is the following description sufficient? evidence, then not possible for the Judge to find that
"Books of accounts, financial records, vouchers, journals, correspondence, receipts, there is probable cause, and, hence, no justification for
ledgers, portfolios, credit journals, typewriters, and other documents and/or papers the issuance of the warrant.
showing all business transactions including disbursement receipts, balance sheets and
related profit and loss statements."
A. No. This amounts to a general warrant authorizing the officer to pick up anything he
pleases.
In this case, there could have been no finding of probable cause because the
Constitution requires no less than personal knowledge by the complainant or his
witnesses of the facts upon which the issuance of a search warrant may be justified.
The joint affidavit of Alejandro M. Gutierrez and Pedro U. Tango, “that the evidence
gathered and collated by our unit clearly shows that the premises above-mentioned and
the articles and things above-described were used and are continuously being used for
subversive activities in conspiracy with, and to promote the objective of, illegal
organizations such as the Light-a-Fire Movement, Movement for Free Philippines and
April 6 Movement,” does not comply with this requirement.
In addition, even the motor vehicles used by petitioner in the distribution of the We
Forum publication which does not relate in any way to the crime of subversion.
19 Arquero - A2021
Q. A search warrant for the newspaper WE Forum is issued on the basis of a
broad statement of the military that Burgos, Jr. "is in possession or has in his
control printing equipment and other paraphernalia, news publications and other
documents which were used and are all continuously being used as a means of
committing the offense of subversion." Is such allegation sufficient to establish
probable cause?
A. No. It is a mere conclusion of law unsupported by particulars. It is therefore in the The crime of subversion is committed by being a
02 Burgos, Sr. v. Chief of Staff,
nature of a general warrant. member of the NPA. At the time, We Forum was the
AFP
only anti-Marcos publication.
Q. The search warrant described the articles sought to be seized as:
"All printing equipment, typewriters, cabinets, tables, communications, recording
equipment used or connected in the printing of the "WE FORUM" newspaper and any
other documents/ communications, letters and facsimile of prints related to the "WE
FORUM" newspaper." Is this description adequate?
A. No. The sweeping tenor of the description makes the document a general warrant.
A. No. It is sufficient that the property is under the control or possession of the person
sought to be searched.
Q. The offices of the WE FORUM were searched and closed on the basis of an
invalid warrant. Comment.
A. No. The constitutional proscription against unlawful searches and seizures applies
as a restraint directed only against the government and its agencies tasked with
enforcement of the law. However, it may be possible to find a remedy in the Civil Code.
20 Arquero - A2021
Q. Mr. Job Reyes, proprietor of Manila Packing and Export Forwarders, a private firm,
opened boxes of Andre Martin for final inspection as part of standard operating
procedure before delivery to the Bureau of Posts or Bureau of Customs. Reyes found
dried marijuana leaves inside and took samples to the NBI, who verified thai'the dried This is why those who check airport luggage are private
03 People v. Marti leaves were marijuana leaves. An information was filed against Martin for violation of persons, so that it cannot be classified as a
RA 6425, or the Dangerous Drugs Act. Martin says that the marijuana leaves are fruits constitutionally prohibited search and seizure.
of an illegal search and therefore under the exclusionary rule of Section 3(2) of the Bill
of Rights. Can an act of a private individual, allegedly in violation of
appellant's constitutional rights, be invoked against the State?
In this case, the police officers in fact had enough time to obtain a warrant of arrest.
Moreover, it does not fall under any of the situations where a warrantless search and
seizure may be valid. The warrantless search and seizure is therefore not justified. Had
they applied for a search warrant, they could have secured one without too much
difficulty. The person intended to be searched has been particularized and the thing to
be seized specified. The time was also sufficiently ascertained to be in the afternoon of
December 14, 1988. “Aling Rosa” turned out to be Rosa Aruta and the thing to be seized
was marijuana. The vehicle was identified to be a Victory Liner bus.
21 Arquero - A2021
Q. Is every warrantless search an illegal search?
6. Stop and Frisk. While probable cause is not required to conduct a 'stop and frisk,' it
nevertheless holds that mere suspicion or a hunch will not validate a 'stop and frisk.' A
genuine reason must exist, in light of the police officer's experience and surrounding
conditions, to warrant the belief that the person detained has weapons concealed about
him. Finally, a 'stop-and-frisk' serves a two-fold interest:
(1) the general interest of effective crime prevention and detection, which underlies the
recognition that a police officer may, under appropriate circumstances and in an
appropriate manner, approach a person for purposes of investigating possible criminal
behavior even without probable cause; and
(2) the more pressing interest of safety and self-preservation which permit the police
officer to take steps to assure himself that the person with whom he deals is not armed
with a deadly weapon that could unexpectedly and fatally be used against the police
officer. (Malacat v. Court of Appeals)
22 Arquero - A2021
Probable cause [except in stop and frisk] must still be satisfied before a warrantless
search and seizure can be lawfully conducted. Probable cause, in these cases, must only
be based on reasonable ground of suspicion or belief that a crime has been committed or
is about to be committed as determined by the searching officer
Q. When does an inquiry become a search such that it comes under the rule of
Section 2?
A. Not all searches and seizures are prohibited. Those which are reasonable are not
forbidden. A reasonable search is not to be determined by any fixed formula but is to be
resolved according to the facts of each case.
A. Checkpoints are not illegal per se. Thus, under exceptional circumstances, as where
the survival of organized government is on the balance, or where the lives and safety of
the people are in grave peril, checkpoints may be allowed and installed by the
05 Valmonte v. De Villa
government. Routine inspection and a few questions do not constitute unreasonable
searches. If the inspection becomes more thorough to the extent of becoming a search,
this can be done when there is deemed to be probable cause. In the latter situation, it is
justifiable as a warrantless search of a moving vehicle.
Between the inherent right of the state to protect its existence and promote public
welfare and an individual's right against a warrantless search which is however
reasonably conducted, the former should prevail. The setting up of the questioned
checkpoints in Valenzuela may be considered as a security measure to enable the
NCRDC to pursue its mission of establishing effective territorial defense and
maintaining peace and order for the benefit of the public. Checkpoints may also be
regarded as measures to thwart plots to destabilize the government.
Q. Twenty meters away from the gate of the Batasan, a truck was stopped and
searched. The motorists had not given any evidence of suspicious behaviour
nor had the searching officers received any confidential information about
06 Aniag v. COMELEC the car. Could the search be justified as a warrantless search of a moving
vehicle?
The fact that the passenger jeep was unusually covered with “kakawati” leaves does not
justify a finding of probable cause. Although it may fall under any of the situations
where a warrantless search and seizure may be valid, it will still be invalidated there
being no determination of probable cause. In fact, the subject of the offense were
07 Caballes v. CA secured in sacks such that it could not have been in plain sight. It cannot also be
considered a consented warrantless search because petitioner’s passive submission
cannot be construed as implied acquiescence. More importantly, if consent had in fact
been given, consent given under intimidating or coercive circumstances is no consent
23 Arquero - A2021
PRIVACY OF COMMUNICATION
SEC. 3. (1) THE PRIVACY OF COMMUNICATION AND CORRESPONDENCE SHALL BE INVIOLABLE EXCEPT UPON LAWFUL ORDER OF THE COURT, OR WHEN PUBLIC SAFETY OR
ORDER REQUIRES OTHERWISE AS PRESCRIBED BY LAW.
(2) ANY EVIDENCE OBTAINED IN VIOLATION OF THIS OR THE PRECEDING SECTION SHALL BE INADMISSIBLE FOR ANY PURPOSE IN ANY PROCEEDING.
Prof. Muyot: The most important consideration is not the means but whether or not there is an expectation of privacy.
RIGHT TO PRIVACY
SEC. 3. (1) THE PRIVACY OF COMMUNICATION AND CORRESPONDENCE SHALL BE INVIOLABLE EXCEPT UPON LAWFUL ORDER OF THE COURT, OR WHEN PUBLIC SAFETY OR
ORDER REQUIRES OTHERWISE AS PRESCRIBED BY LAW.
(2) ANY EVIDENCE OBTAINED IN VIOLATION OF THIS OR THE PRECEDING SECTION SHALL BE INADMISSIBLE FOR ANY PURPOSE IN ANY PROCEEDING.
The law does not state what specific biological characteristics and what particular
biometrics tech shall be used to identify people who will seek its coverage. The potential
for misuse of data cannot be underplayed. The more frequent one uses the ID, the
better chance of building a formidable information base through the electronic linkage
of files. Some authorities may not resist the misuse the vast personal information.
Moreover, the AO doesn’t state whether the encoding of date is limited to biological
information alone for identification purposes. In fact, the Solicitor General claims that
the adoption of the Identification Reference System will contribute to the "generation of Privacy with relation to personal information
population data for development planning." This is an admission that the PRN will not Informational privacy is held in higher regard because
be used solely for identification but the generation of other data with remote relation to the information gathered can be used against you
01 Ople v. Torres the avowed purposes. If personal information is in the hands of other people,
it can be used against them. If shared, it can be
The AO doesn’t state who shall control and access the date, under what circumstances prejudicial to you.
and for what purpose. There are no controls to guard against leakage of information
also. The AO falls short of assuring that personal info will be processed only for
unequivocally specified purposes. The lack of safeguards may interfere with the
individual liberty. It may be used to track someone down, circumvent the right against
self-incrimination, and even let government go on fishing expeditions.
The Data Privacy Act addressed the concerns of the Court in this case.
Q. Enrile seeks to enjoin the movie company from producing "The Four Day
Can one be a public figure even without intentionally
Revolution," a dramatization of the February 1986 revolution, for public
courting public attention? YES, i.e. those who are
showing, on the ground that it would violate his right to privacy. Decide.
figures in historic events. It was a historical event so
not covered in the right to privacy because the public
A. Motion pictures are protected medium for the communication of ideas and the
has a legitimate interest in that historical event. Enrile
02 Ayer Productions Pty. Ltd. v. expression of the artistic impulse. This freedom is available to both local and foreign
may claim privacy only to the extent of matters which
Capulong owned production companies even if they are commercial. Indeed there is such a thing
are purely private and those in relation to his family.
as the right to privacy. But this cannot be invoked to resist publication of matters of
Expectation of privacy has been reduced! Our own acts
public interest. What the right to privacy protects is the right against unwarranted
reduce the expectation of privacy. If the event is such
intrusions and wrongful publication of the private affairs and activities of individuals
that the public has a legitimate interest, the
which are outside the sphere of legitimate public concern. Enrile's role in that
expectation of privacy is reduced.
revolution is a matter of public interest because he was a principal figure in that event.
25 Arquero - A2021
RA 9165 (Comprehensive Dangerous Drugs Act of 2002) requires mandatory random
and suspicionless drug testing of candidates for public office, students of secondary
and tertiary schools, officers and employees of public and private offices, and
persons charged before the prosecutor's office with certain offenses, among other
personalities.
Mandatory random and suspicionless drug testing for
STUDENTS and EMPLOYEES—everyone may be
A. Candidates for national office - unconstitutional because it adds to the exclusive
tested, a random select few from the population will be
qualifications for such offices prescribed by the Constitution.
selected, and that it isn’t for the purpose of determining
B. Students - constitutional because (1) schools and their administrators stand in loco
who shall be prosecuted for drug use. In determining
03 SJS v. Dangerous Drugs parentis with respect to their students; (2) minor students have contextually fewer
NO the validity of the measure as to the students, the court
Board rights than an adult, and are subject to the custody and supervision of their parents,
used Vernonia which is inapplicable because that case
guardians, and schools; (3) schools, acting in loco parentis, have a duty to safeguard the
was for student athletes who use performance
health and well-being of their students and may adopt such measures as may
enhancing drugs. For athletes, it is done for every
reasonably be necessary to discharge such duty; and (4) schools have the right to
competition. It might be random but it is routinely
impose conditions on applicants for admission that are fair, just, and non-
done.
discriminatory. Essentially this is the reasonable test.
C. Employees - reasonable test was applied.
D. Candidates for local office - mandatory character was found to be unreasonable and
oppressive to privacy.
E. People charged before the prosecutor's office - unconstitutional
26 Arquero - A2021
The fact that they are minors does not matter because
although minors cannot give consent, the ones who can
give consent are the father, mother, and guardians.
They impliedly gave their consent when they allowed
their children to use the OSN.
FREEDOM OF SPEECH
SEC. 4. NO LAW SHALL BE PASSED ABRIDGING THE FREEDOM OF SPEECH, OF EXPRESSION, OR OF THE PRESS, OR THE RIGHT OF THE PEOPLE PEACEABLY TO ASSEMBLE AND
PETITION THE GOVERNMENT FOR REDRESS OF GRIEVANCES.
Prof. Muyot: If a person says thing about another private individual, the remedy is to file a libel case. The state, in this case, cannot regulate the speech. However, if a person with 500 others says
seditious utterances, the State has a right to regulate that speech. Some things allow individuals to avail of remedies but where the State’s existence is in peril, the State has a right to come in but
only in that limited situation.
Q. What are the prohibitions in the free speech and press clause?
A. The first prohibition of the constitutional provision is a prohibition of prior restraint. Prior restraint means official government restrictions on the press or other forms of expression in advance of
actual publication or dissemination. Its most blatant form is a system of licensing administered by an executive officer. Movie censorship, although not placed on the same level as press censorship,
also belongs to this type of prior restraint. Also similar to the licensing system is judicial prior restraint which takes the form of an injunction against publication. Equally objectionable as prior
restraint are license taxes measured by gross receipts for the privilege of engaging in the business of advertising in any newspaper or flat license fees for the privilege of selling religious books.
It also prohibits systems of subsequent punishment which have the effect of unduly curtailing expression. If prior restraint were all that the constitutional guarantee prohibited and government
could impose subsequent punishment without restraint, freedom of expression would be a mockery and a delusion.
27 Arquero - A2021
Q. Is the prohibition of "prior restraint" absolute?
A. No. Although any system of prior restraint comes to court bearing a heavy presumption against its constitutionality, there are exceptions to the rule.
"When a nation is at war, many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight and that no court could
regard them as protected by any constitutional right." No one would question but that government might prevent actual obstruction to its recruiting service or the publication of the sailing dates of
transports or the number and location of troops. On similar grounds, the primary requirements of decency may be enforced against obscene publications. The security of the community life may be
protected against incitements to acts of violence and the overthrow by force of orderly government.
Examples of exceptions to the prohibition against prior restraint are pornography, false or misleading commercial statements, advocacy of imminent lawless action, and movies, television, and radio
broadcast censorship in view of its access to numerous people, including the youth who must be insulated from the prejudicial effects of unprotected speech.
Q. Newsounds had been operating a radio station in Cauayan, Isabela. When renewal of the permit was sought to continue operation in the same place, he was denied on the
basis of a zoning ordinance. Was this a form of regulation of speech?
A. Jurisprudence distinguishes between content-neutral regulations (merely concerned with the incidents of the speech, or one that merely controls the time, place or manner, and under well-defined
standards) and a content-based restraint or censorship (based on the subject matter of the utterance or speech.) Content-based laws are generally treated as more suspect than content-neutral laws
because of judicial concern with discrimination in the regulation of expression. Content-neutral regulations of speech or of conduct that may amount to speech, are subject to lesser but still
heightened scrutiny. Ostensibly, the ordinance was a content neutral zoning ordinance. However, under the circumstances of the case, the real purpose of the ordinance was to silence the station
which had been a strong critic of the local administration. The ordinance therefore must be viewed as a content-based regulation.
Newsounds Broadcasting v. Dy
In order to prove that a statement falls within the purview of a qualifiedly privileged communication under Article 354, No. 1, the following requisites must concur: (1) the person who made the
communication had a legal, moral, or social duty to make the communication, or at least, had an interest to protect, which interest may either be his own or of the one to whom it is made; (2) the
communication is addressed to an officer or a board, or superior, having some interest or duty in the matter, and who has the power to furnish the protection sought; and (3) the statements in the
communication are made in good faith and without malice.
28 Arquero - A2021
READ? CASE DOCTRINE NOTES
04 GMA v. COMELEC
29 Arquero - A2021
Regulation was 2x3 meters size of tarpaulin, the actual
tarpaulin was 6x10. The regulation on size is content-
neutral but as applied, the regulation is content-based.
Regulation only relates to election paraphernalia but
not everything about the candidates are election
paraphernalia. Applying the wrong regulation to the
05 Diocese of Bacolod v.
wrong material, it was only an expression of pure
COMELEC political speech. COMELEC was arguing
constitutionality of the statute which does not
necessarily apply to the subject matter of this case!
The material was not to promote a candidate in the
election but it was to establish a political stand
regarding the RH law.
Q. Are there any forms of speech which are not protected by the Constitution?
A. There are certain well defined and narrowly limited classes of speech, the prevention
07 Chaplinsky v. New and punishment of which has never been thought to raise any constitutional problems.
Hampshire These are libel and obscenity. It has been well observed that such utterances are no
essential part of any exposition of ideas, and are of such slight social value as a step to
truth that any benefit that may be derived from them is clearly outweighed by the
social interests in order and morality.
30 Arquero - A2021
Q. What is the test for obscenity? CDV
10 Pita v. CA
Argument: it is overbroad because it covers speech that would otherwise not be obscene
under the Miller Test. This argument is defective because The Miller Test does not
apply to CHILD PORNOGRAPHY! In fact, Congress itself has made the determination
11 New York v. Ferber as to the CP law’s basis. The State has interest in protecting children, it is intrinsically
related to sexual abuse, and the value of permitting live performances and photographic
reproductions of children engaged in lewd sexual conduct is exceedingly modest. Also, it
is not contrary to jurisprudence because there is actual injury to the child.
12 Reno v. American Civil A. It depends. Obscenity may be banned. But attempts to regulate sex, which does not
Liberties Union come under the definition of obscenity for the purpose of protecting minors, have failed
on the argument that the regulations deprive adults of shows, which do not come under
the definition of obscenity and are therefore legitimate for adults.
13. US v Williams
FREEDOM OF PRESS
SEC. 4. NO LAW SHALL BE PASSED ABRIDGING THE FREEDOM OF SPEECH, OF EXPRESSION, OR OF THE PRESS, OR THE RIGHT OF THE PEOPLE PEACEABLY TO ASSEMBLE AND
PETITION THE GOVERNMENT FOR REDRESS OF GRIEVANCES.
31 Arquero - A2021
Puno’s dissent on contempt of Jurado - the Court disregarded what it has said about the
Freedom of the Press. He said the majority used the balancing of interests, i.e. the right
/ freedom of the press vs. the power of the court to demand respect from the press in the
theory that it will ruin the integrity and erode the confidence in the administration of
justice. BALANCING OF INTERESTS IS NEVER USED IN FREEDOM OF The press PLAYS A FISCALIZING ROLE, it criticizes
01 In Re: Emil P. Jurado EXPRESSION CASES. The burden is on the court to prove that the statements of government
Jurado presents a clear and present danger which was not proved. There was actually
no real, substantive, imminent evil that the Court has a right to prevent according to
Puno. There would be actual malice if he knew that his statements were false and he
went through with its publication.
FREEDOM OF ASSEMBLY
SEC. 4. NO LAW SHALL BE PASSED ABRIDGING THE FREEDOM OF SPEECH, OF EXPRESSION, OR OF THE PRESS, OR THE RIGHT OF THE PEOPLE PEACEABLY TO ASSEMBLE AND
PETITION THE GOVERNMENT FOR REDRESS OF GRIEVANCES.
32 Arquero - A2021
Q. Retired Justice J.B.L. Reyes, in behalf of the Anti-Bases Coalition, sought a permit
from the Mayor of Manila for the use of the empty field in front of the Luneta
Grandstand and Roxas Boulevard in front of the U.S. Embassy on October 26, 1983,
from 2 to 5 p.m. The petitioners were sponsoring an International Conference for
General Disarmament, World Peace, and the Removal of All Foreign Military Bases
and proposed a March for Philippine Sovereignty and Independence, participated in by
foreign and Philippine delegates. The march was to proceed from the Luneta to the gate
of the U.S. Embassy where a short program $6uld be held. The Mayor refused the
permit (1) because his office was "in receipt of police intelligence reports which strongly
militate against the advisability of issuing such permit at this time at the place applied
for" and (2) because Ordinance No. 7295, in accordance with the Vienna Convention, Mayor denied the permit because under international
prohibits rallies or demonstrations within a radius of500 feet from any foreign mission law, “The receiving State is under a special duty to take
or chancery. Should permit be granted?
appropriate steps to protect the premises of the mission
against any intrusion or damage and to prevent any
A. Permit should be granted. (1) To justify limitations on freedom of assembly there
disturbance of the peace of the mission or impairment
must be proof of sufficient weight to satisfy the "clear and present danger test." (2) of its dignity.” Mayor said they might be infiltrated by
There is no showing that the distance between the chancery and the gate is less than
communists according to intelligence reports but this is
01 Reyes v. Bagatsing 500 feet. And even if it were, the ordinance would not be conclusive because it still must not enough! However, there must be a clear and present
be measured against the requirement of the Constitution.
danger which was not shown.
Q. Summarize the rules on assembly and petition enunciated in J.B.L. Reyes
v. Bagatsing. Mayor may provide for conditions as to time place and
manner! Daytime, place not in Roxas Boulevard itself
A. The applicant for a permit to hold an assembly should inform the licensing authority because it will cause traffic it must be the nearest open
of the date, the public place where and the time when it will take place. (If it is a space or Quirino Grandstand.
private place, only the consent of the owner or of the^one entitled to its legal possession
is required.) Such application should be filed well ahead in time to enable the public
official concerned to appraise whether there may be valid objections to the grant of the
permit or to its grant but to another public place. It is an indispensable condition to
such refusal or modification that the clear and present danger test be the standard for
the decision reached. The presumption must be to incline the weight of the scales of
justice on the side of liberty. If public authority is of the view that there is such an
imminent and grave danger of a substantive evil, the applicants must be heard on the
matter. Thereafter, the decision of public authority, whether favorable or adverse, must
be transmitted to the applicants at the earliest opportunity. Thus, if so minded, they
can have recourse to the proper judicial authority.
33 Arquero - A2021
Q. After having obtained a permit from university authorities, students of the
Gregorio Araneta University Foundation held a rally but in places around the
university other than that specified by the permit. The speeches and other
activities resulted in the disturbance of classes and of other activities in the university.
School cannot prevent the assembly of the students but
After due hearing, a suspension of one year was imposed on the student leaders. The
it may provide for the time place and manner! Time:
students appealed on the ground that the suspension was violative of their right of
lunch break, place: in the quadrangle, manner: do not
02 Malabanan v. Ramento assembly and of speech. Decide.
use megaphones or disturb classes and officework. Can
the school expel them? NO! But the school may punish
A. Disciplinary action may be taken against students for conduct which "materially
them. At most, suspension for disrupting classes
disrupts class work or involves substantial disorder or invasion of the rights of others."
Such was the conduct of the students in this case. However, considering the importance
of the right of assembly and petition, the penalty imposed is too severe. A lighter
penalty is proper.
34 Arquero - A2021
Right to Information
Art. 2, Sec. 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.
Art. 3, Sec. 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents, and papers pertaining to official acts, transactions, or
decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.
Art. 16, Sec. 10. The State shall provide the policy environment for the full development of Filipino capability and the emergence of communication structures suitable to the needs and aspirations of
the nation and the balanced flow of information into, out of, and across the country, in accordance with a policy that respects the freedom of speech and of the press.
Right to Information on Matters of public Demand or request Right to access Public concern: no exact
Matters of Public concern required to gain access information definition and
Concern adjudicated by the
(Art. 3, Sec. 7) courts on a case-by-
case basis; but
examples abound in
jurisprudence
Legaspi v. CSC Facts: The right to access information (1) must be of public concern
Legaspi’s request for information on the civil service eligibilities of certain sanitarians in the Health and (2) not included in those exempted by law; there is a duty to
Department of Cebu City who claim to be civil service eligible who passed the civil service examinations for disclose unless exempted.
Valmonte v. Belmonte Facts: The court looked into the substance rather than the form
This case involves a request by petitioners from the General Manager of the Government Service because if it looked at the form, mandamus would not lie.
Insurance System to furnish them a list of names of legislators who were able to secure loans upon the GSIS is a GOCC. Officers of GSIS are public officers. They have
a limited right to privacy. Right to privacy belongs to the
guaranty of then First Lady Imelda Marcos, as well as certified true copies of documents evidencing the
individual and not the corporation. Also, the public funds were
loans. loaned to public officials. Whatever the function is of GSIS
doesn’t matter.
Held: May GSIS provide for conditions in accessing the information?
The public nature of the loanable funds of the GSIS and the public office held by the alleged borrowers Yes
make the information sought clearly a matter of public interest and concern. However, the right to access 1. Time – office hours
such records does not accord them a right to compel custodians of official records to prepare lists, 2. Place – GSIS office
3. Manner – the person requesting access has to do it
abstracts, summaries and the like in their desire to acquire information or matters of public concern. It is
himself. He cannot direct employees to do it for him
essential for a writ of mandamus to issue that the applicant has a well-defined, clear and certain legal right Mandamus does not lie to compel GSIS to give a list but only to
to the thing demanded and that it is the imperative duty of defendant to perform the act required. The give access.
corresponding duty of the respondent to perform the required act must be clear and specific. The request of
the petitioners fails to meet this standard, there being no duty on the part of respondent to prepare the list
requested.
Chavez v. PCGG Facts: The public is allowed to access information even if it’s not final
Petitioner instituted a case against public respondent to make public any negotiations and/or agreements yet because access to information includes information on how
pertaining to the latter's task of recovering the Marcoses' ill-gotten wealth. The respondents argued that the the government arrives at a decision.
action was premature since he has not shown that he had asked the respondents to disclose the
negotiations and agreements before filing the case.
Held:
The petition is anchored on the right of the people to information and access to government records,
documents and papers- a right guaranteed under section 7, article III of the Constitution. The petitioner, a
former solicitor general, is a Filipino citizen, and because of the satisfaction of the two basic requisites laid
down by decisional law to sustain petitioner's standing (enforcement of a legal right and espoused by a
Filipino citizen), the petition is allowed.
Province of North Facts: MOA-AD was invalidated by the SC because it promised that the
Cotabato v. On August 5, 2008, the Government of the Republic of the Philippines and the Moro Islamic Liberation Constitution will be amended to accommodate the provisions of
Government Front (MILF) were scheduled to sign a Memorandum of Agreement of the Ancestral Domain Aspect of the the MOA-AD.
MOA-AD violated the right to information because the required
GRP - MILF Tripoli Agreement on Peace of 2001 in Kuala Lumpur, Malaysia. Invoking the right to
consultation process in peace negotiations was not followed.
information on matters of public concern, the petitioners seek to compel respondents to disclose and Plebiscite does not cure the defect because the people affected
furnish them the complete and official copies of the MA-AD and to prohibit the slated signing of the MOA- are given the limited choice of a yes or a no.
AD and the holding of public consultation thereon. But with regards to the agreement, the people will not have a
chance to air their views.
Held: Creation of a new juridical entity is a matter if public concern.
The right to information guarantees the right of the people to demand information (Art. 3, Sec. 7), while Art. The Court enlarged the right to information not only to content
but also as to the process.
2, Sec. 28 recognizes the duty of officialdom to give information even if nobody demands. The complete
and effective exercise of the right to information necessitates that its complementary provision on public
disclosure derive the same self-executory nature, subject only to reasonable safeguards or limitations as
may be provided by law.
The contents of the MOA-AD is a matter of paramount public concern involving public interest in the
highest order. In declaring that the right to information contemplates steps and negotiations leading to the
consummation of the contract, jurisprudence finds no distinction as to the executory nature or commercial
character of the agreement.
E.O. No. 3 itself is replete with mechanics for continuing consultations on both national and local levels and
for a principal forum for consensus-building. In fact, it is the duty of the Presidential Adviser on the Peace
Process to conduct regular dialogues to seek relevant information, comments, advice, and
recommendations from peace partners and concerned sectors of society.
Q. If, as jurisprudence indicates, the non-establishment clause does not prohibit all government aid that might redound to the benefit of religion, how does one distinguish allowable from
non-allowable aid?
A. To be allowable, government aid (1) must have a secular legislative purpose; (2) must have a primary effect that neither advances nor inhibits religion; (3) must not require excessive entanglement
with recipient institutions.
Lemon v. Kurtzman
Q. How does one tell whether a case is a free exercise case or a non-establishment case?
A. One simple guide is this: every violation of the free exercise clause involves compulsion whereas a violation of the non-establishment clause need not involve compulsion.
Ebralinag v. Division Facts: As opposed to Gerona, the Court changed its mind because
Superintendent of Respondents ordered the expulsion of 68 HS and GS students of Bantayan, Pinamungajan, Caracar, instead of a policy of exclusion, they want to bring the minorities
Schools Taburan and Asturias in Cebu for refusing to salute the flag, sing the national anthem and recite the in. There is greater danger in excluding minorities (they might
“Panatang Makabayan” required by RA 1265. They are Jehovah’s Witnesses believing that by doing these revolt).
is religious worship/devotion akin to idolatry against their teachings. They contend that to compel
transcends constitutional limits and invades protection against official control and religious freedom. The
respondents relied on the Gerona doctrine which provides that we are a system of separation of the church
and state and the flag is devoid of religious significance and it doesn’t involve any religious ceremony. The
freedom of religious belief guaranteed by the Constitution does not mean exception from non-
discriminatory laws like the saluting of flag and singing national anthem. This exemption disrupts school
Held:
The 30-year-old previous GERONA decision of expelling and dismissing students and teachers who refuse
to obey RA 1265 violates the exercise of freedom of speech and religious profession and worship.
Jehovah’s Witnesses may be exempted from observing the flag ceremony but this right does not give them
the right to disrupt such ceremonies.
The students expelled were only standing quietly during ceremonies. By observing the ceremonies quietly,
it doesn’t present any danger so evil and imminent to justify their expulsion. What the petitioner’s request is
exemption from flag ceremonies and not exclusion from public schools. The expulsion of the students by
reason of their religious beliefs is also a violation of a citizen’s right to free education. The non-observance
of the flag ceremony does not totally constitute ignorance of patriotism and civic consciousness. Love for
country and admiration for national heroes, civic consciousness and form of government are part of the
school curricula.
Estrada v. Escritor Facts: The controversy tarted when Escritor asked for exemption from
Escritor is a court interpreter since 1999 in the RTC of Las Pinas City. She has been living with Quilapio, a participating in the flag ceremony. She had to pass necessary
man who is not her husband, for more than twenty-five years and had a son with him as well. Respondent’s documents in order to avail of the exemption. Then enter the
husband died a year before she entered into the judiciary while Quilapio is still legally married to another declaration of pledging faithfulness which made it appear that he
woman. Complainant Estrada requested the Judge of said RTC to investigate respondent. According to was not married to the man she was currently living with and had
complainant, respondent should not be allowed to remain employed therein for it will appear as if the court a son with.
allows such act. Respondent claims that their conjugal arrangement is permitted by her religion—the Framework by Puno re the limitation on the freedom of religion:
Jehovah’s Witnesses and the Watch Tower and the Bible Trace Society. They allegedly have a 1. Sincerity in the belief
‘Declaration of Pledging Faithfulness’ under the approval of their congregation. Such a declaration is 2. Compelling state interest
effective when legal impediments render it impossible for a couple to legalize their union. 3. Least restrictive means
Held:
Escritor’s conjugal arrangement cannot be penalized as she has made out a case for exemption from the
law based on her fundamental right to freedom of religion. In the area of religious exercise as preferred
freedom, however, man stands accountable to an authority higher than the state, and so the state interest
sought to be upheld must be so compelling that its violation will erode the very fabric of the state that will
also protect the freedom. In the absence of a showing that the state interest exists, man must be allowed to
subscribe to the Infinite.
Held:
Classifying a food product as halal is a religious function because the standards used are drawn from the
Quran and Islamic beliefs. By giving OMA the exclusive power to classify food products as halal, EO 46
encroached on the religious freedom of Muslim organizations to interpret for Filipino Muslims what food
products are fit for Muslim consumption. Also, by abrogating to itself the task of issuing halal certifications,
the State has in effect forced Muslims to accept its own interpretation of the Quran and Sunnah on halal
food.
There is no compelling justification for the government to deprive Muslim organizations of their religious
Held:
The issuing and selling of commemorative stamps by the respondent does not contemplate any favor upon
a particular sect or church, but the purpose was only ‘to advertise the Philippines and attract more tourist’
and the government just took advantage of an event considered of international importance, thus, not
violating the Constitution on its provision on the separation of the Church and State. Moreover, the Court
stressed that ‘Religious freedom, as a constitutional mandate is not inhibition of profound reverence for
religion and is not denial of its influence in human affairs’. Emphasizing that, ‘when the Filipino people
‘implored the aid of Divine Providence’, they thereby manifested reliance upon Him who guides the
destinies of men and nations. The elevating influence of religion in human society is recognized here as
elsewhere. In fact, certain general concessions are indiscriminately accorded to religious sects and
denominations.’
Re Letter of Facts:
Valenciano The controversy originated from a series of letters written by Valenciano and addressed to Chief Justice
Puno reporting that the basement of the Hall of Justice of Quezon City had been converted into a Roman
Catholic Chapel. He believed that such practice violated the constitutional provisions on the separation of
Church and State and the constitutional prohibition against the appropriation of public money and property
for the benefit of a sect, church, denomination, or any other system of religion. He further averred that the
holding of masses at the basement of Hall of Justice showed that it tended to favor the Catholic litigants;
that the rehearsals and other activities caused great disturbance to the employees; and that court functions
are affected due to the masses that is being held from 12:00 to 1:15 in the afternoon.
Held:
Allowing religion to flourish is not contrary to the principle of separation of Church and state. In fact, these
two principles are in perfect harmony with each other. The Roman Catholic express their worship through
the holy mass and to stop these would be tantamount to repressing the right to the free exercise of their
religion.
The holding of Catholic masses at the basement of the Quezon City Hall of Justice is not a case of
establishment but merely accommodation wherein the government recognize the reality that some
measures may not be imposed on a certain portion of the population for the reason that these measures
are contrary to their religious beliefs. As long as it can be shown that the exercise of the right does not
impair the public welfare, the attempt of the State to regulate or prohibit such right would be an
unconstitutional encroachment.
The constitution provides that “No public money or property shall be appropriated, applied, paid, or
employed, directly or indirectly, for the use, benefit, or support any sect, church, denomination, sectarian
institution, or system of religion, or any priest, preacher, minister or other religious teacher, or dignitary as
such, except when such priest, preacher, minister, or dignitary is assigned to the armed forces, or any
penal institution, or government orphanage or leprosarium.
The prohibition contemplates a scenario where the appropriation is primarily intended for the furtherance of
a particular church. The aforecited constitutional provision “does not inhibit the use of public property for
religious purposes when the religious character of such use is merely incidental to a temporary use which
is available indiscriminately to the public in general.
Held:
The Court cannot determine whether or not the use of contraceptives or participation in support of modern
RH measures (a) is moral from a religious standpoint; or, (b) right or wrong according to one’s dogma or
belief. However, the Court has the authority to determine whether or not the RH Law contravenes the
Constitutional guarantee of religious freedom.
The State may pursue its legitimate secular objectives without being dictated upon the policies of any one
religion. To allow religious sects to dictate policy or restrict other groups would violate Article III, Section 5
of the Constitution or the Establishment Clause. This would cause the State to adhere to a particular
religion, and thus, establishes a state religion. Thus, the State can enhance its population control program
through the RH Law even if the promotion of contraceptive use is contrary to the religious beliefs of e.g. the
petitioners.
The right to return to one’s country, a distinct right under international law, is independent from although related to the right to travel. The President has the residual/implied power to impair the right
to return when such return poses threats to the government. [Marcos v. Manglapus. 1989]
Limitations
Who may impair Courts upon lawful order Courts upon lawful order or by the appropriate
executive officer
When can it be impaired Within the limits prescribed by law In the interest of national security, public safety, or
public health
Villavicencio v. Facts:
Lukban One hundred and seventy women were isolated from society, and then at night, without their consent and
without any opportunity to consult with friends or to defend their rights, were forcibly hustled on board
steamers for transportation to regions unknown. Despite the feeble attempt to prove that the women left
voluntarily and gladly, that such was not the case is shown by the mere fact that the presence of the police
and the constabulary was deemed necessary and that these officers of the law chose the shades of night
to cloak their secret and stealthy acts. Indeed, this is a fact impossible to refute and practically admitted by
the respondents.
Silverio v. CA Facts:
Petitioner was charged with violation of Section 2 (4) of the revised securities act. Respondent filed to
cancel the passport of the petitioner and to issue a hold departure order. The RTC ordered the DFA to
cancel petitioner’s passport, based on the finding that the petitioner has not been arraigned and there was
evidence to show that the accused has left the country with out the knowledge and the permission of the
court.
Held:
The bail bond posted by petitioner has been cancelled and warrant of arrest has been issued by reason
that he failed to appear at his arraignments. There is a valid restriction on the right to travel, it is imposed
that the accused must make himself available whenever the court requires his presence. A person facing
criminal charges may be restrained by the Court from leaving the country or, if abroad, compelled to return.
So it is also that "An accused released on bail may be re-arrested without the necessity of a warrant if he
attempts to depart from the Philippines without prior permission of the Court where the case is pending.
Article III, Section 6 of the 1987 Constitution should be interpreted to mean that while the liberty of travel
may be impaired even without Court Order, the appropriate executive officers or administrative authorities
are not armed with arbitrary discretion to impose limitations. They can impose limits only on the basis of
"national security, public safety, or public health" and "as may be provided by law," a limitive phrase which
did not appear in the 1973 text (The Constitution, Bernas, Joaquin G.,S.J., Vol. I, First Edition, 1987, p.
263). Apparently, the phraseology in the 1987 Constitution was a reaction to the ban on international travel
imposed under the previous regime when there was a Travel Processing Center, which issued certificates
of eligibility to travel upon application of an interested party (See Salonga vs. Hermoso & Travel Processing
Center, No. 53622, 25 April 1980, 97 SCRA 121).
Holding an accused in a criminal case within the reach of the Courts by preventing his departure from the
Philippines must be considered as a valid restriction on his right to travel so that he may be dealt with in
accordance with law. The offended party in any criminal proceeding is the People of the Philippines. It is to
their best interest that criminal prosecutions should run their course and proceed to finality without undue
delay, with an accused holding himself amenable at all times to Court Orders and processes
Marcos v. Manglapus Facts: Although there is a right to return, there was no showing of
After Ferdinand Marcos was deposed from the presidency, he and his family fled to Hawaii. Now in his arbitrariness on the part of then President Aquino.
deathbed, petitioners are asking the court to order the respondents to issue their travel documents and
enjoin the implementation of the President’s decision to bar their return to the Philippines. Petitioners
contend under the provision of the Bill of Rights that the President is without power to impair their liberty of
abode because only a court may do so “within the limits prescribed by law.” Nor, according to the
petitioners, may the President impair their right to travel because no law has authorized her to do so.
Held:
The President has the obligation, under the Constitution to protect the people, promote their welfare and
advance national interest.
The documented history of the efforts of the Marcoses and their followers to destabilize the country bolsters
the conclusion that their return at this time would only exacerbate and intensify the violence directed
against the state and instigate more chaos.
The State, acting through the Government, is not precluded from taking preemptive actions against threats
to its existence if, though still nascent they are perceived as apt to become serious and direct protection of
the people is the essence of the duty of the government.
The Supreme Court held that the President did not act arbitrarily or with grave abuse of discretion in
determining the return of the petitioners at the present time and under present circumstances poses a
serious threat to national interest and welfare prohibiting their return to the Philippines.
Held:
The petitioner has shown no satisfactory reason why the contested measure should be nullified. There is
no question that Department Order No. 1 applies only to "female contract workers," but it does not thereby
make an undue discrimination between the sexes. It is well-settled that "equality before the law" under the
Constitution does not import a perfect Identity of rights among all men and women. It admits of
classifications, provided that (1) such classifications rest on substantial distinctions; (2) they are germane to
the purposes of the law; (3) they are not confined to existing conditions; and (4) they apply equally to all
members of the same class.
Freedom of Association
Art. 3, Sec. 8. The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.
Art. 9-B, Sec. 2(5). SECTION 2. (1) The civil service embraces all branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned or controlled corporations
with original charters.
(5) The right to self-organization shall not be denied to government employees.
Art. 13, Sec. 3. The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.
It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be
entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by
law.
The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce
their mutual compliance therewith to foster industrial peace.
The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns on
investments, and to expansion and growth.
The State does not infringe on the fundamental right to form lawful associations when it leaves to citizens the power and liberty to affiliate or not affiliate with labor unions. [Victoriano v. Elizalde, 1974]
Every group has a right to join the democratic process, association itself being an act of expression of the member’s belief, even if the group offends the sensibilities of the majority. Any rejection to
such requires a compelling state interest to be proven by the State. [Ang Ladlad LGBT Party v. COMELEC, 2010]
The freedom of association presupposes a freedom not to associate. An organization may remove a member if: (1) it is engaged in some form of expression, whether public or private; and (2) the
forced inclusion of a member would significantly affect the organization’s ability to advocate public or private viewpoints. [Boy Scouts America v. Dale, 2000]
Gonzales v. Facts: Three rights were raised. The court first discussed the lowest
COMELEC The Revised Election Code under RA 4880 was amended to include two new sections which prohibits the right – association. If it was the right to association alone that
too early nomination of candidates and limiting the period of election campaign or partisan political activity. was involved, no problem (unconstitutional) because it is not a
Petitioners alleges that RA 4880 is unconstitutional because its enforcement would prejudice basic rights, preferred right. But the right to expression was also invoked so it
such as the freedom of speech, the freedom of assembly and the right to form associations or societies for became unconstitutional. But since the 1937 Constitution
purposes not contrary to law, guaranteed under the Constitution. required 2/3 vote to invalidate a statute, it was not invalidated.
Only one vote lacking.
Held:
As held in Cabansag v. Fernandez there are two tests that may supply an acceptable criterion for
permissible restriction on freedom of speech. These are the “clear and present danger” rule and the
'dangerous tendency' rule. The first, means that the evil consequence of the comment or utterance must be
extremely serious and the degree of imminence extremely high before the utterance can be punished. The
danger to be guarded against is the 'substantive evil' sought to be prevented. It has the advantage of
establishing according to the above decision a definite rule in constitutional law. It provides the criterion as
to what words may be publicly established. The "dangerous tendency rule" is such that “If the words uttered
create a dangerous tendency which the state has a right to prevent, then such words are punishable.” It is
not necessary that some definite or immediate acts of force, violence, or unlawfulness be advocated. It is
sufficient that such acts be advocated in general terms. Nor is it necessary that the language used be
reasonably calculated to incite persons to acts of force, violence, or unlawfulness. It is sufficient if the
natural tendency and probable effect of the utterance be to bring about the substantive evil which the
legislative body seeks to prevent.
The challenged statute could have been more narrowly drawn and the practices prohibited more precisely
delineated to satisfy the constitutional requirements as to a valid limitation under the clear and present
danger doctrine. As the author Tañada clearly explained, such provisions were deemed by the legislative
body to be part and parcel of the necessary and appropriate response not merely to a clear and present
danger but to the actual existence of a grave and substantive evil of excessive partisanship, dishonesty
The very idea of a government, republican in form, implies a right on the part of its citizens to meet
peaceably for consultation in respect to public affairs and to petition for redress of grievances. As in the
case of freedom of expression, this right is not to be limited, much less denied, except on a showing of a
clear and present danger of a substantive evil that Congress has a right to prevent.
The prohibition of any speeches, announcements or commentaries, or the holding of interviews for or
against the election of any party or candidate for public office and the prohibition of the publication or
distribution of campaign literature or materials, against the solicitation of votes whether directly or indirectly,
or the undertaking of any campaign literature or propaganda for or against any candidate or party is
repugnant to a constitutional command.
Held:
To compel a lawyer to be a member of the Integrated Bar is not violative of Edillon’s constitutional freedom
to associate. Bar integration does not compel the lawyer to associate with anyone. He is free to attend or
not attend the meetings of his Integrated Bar Chapter or vote or refuse to vote in its elections as he
chooses. The only compulsion to which he is subjected is the payment of annual dues. The Supreme
Court, in order to further the State’s legitimate interest in elevating the quality of professional legal services,
may require that the cost of improving the profession in this fashion be shared by the subjects and
beneficiaries of the regulatory program — the lawyers.
But, assuming that the questioned provision does in a sense compel a lawyer to be a member of the
Integrated Bar, such compulsion is justified as an exercise of the police power of the State.
SSS Employees Facts: Public office is public trust so public service cannot be disrupted.
Association v. CA The petitioners went on strike after the SSS failed to act upon the union’s demands concerning the Allowing govt employees to strike disrupts public service. But
implementation of their CBA. SSS filed before the court action for damages with prayer for writ of govt employees can strike during lunch break or break hours so
preliminary injunction against petitioners for staging an illegal strike. Petitioners contend that the court as not to disrupt public service
made reversible error in taking cognizance on the subject matter since the jurisdiction lies on the DOLE or
the National Labor Relations Commission as the case involves a labor dispute. The SSS contends on one
hand that the petitioners are covered by the Civil Service laws, rules and regulation thus have no right to
strike. They are not covered by the NLRC or DOLE therefore the court may enjoin the petitioners from
striking.
Held:
A reading of the proceedings of the Constitutional Commission that drafted the 1987 Constitution would
show that in recognizing the right of government employees to organize, the commissioners intended to
limit the right to the formation of unions or associations only, without including the right to strike.
Considering that under the 1987 Constitution "the civil service embraces all branches, subdivisions,
instrumentalities, and agencies of the Government, including government-owned or controlled corporations
with original charters" [Art. IX(B), Sec. .2(l) (also Sec. 1 of E.O. No. 180 where the employees in the civil
service are denominated as "government employees")] and that the SSS is one such government-
controlled corporation with an original charter, having been created under R.A. No. 1161, its employees are
part of the civil service and are covered by the Civil Service Commission's memorandum prohibiting strikes.
Held:
The Court held that applying New Jersey's public accommodations law to require the Boy Scouts to admit
Dale violates the Boy Scouts' First Amendment right of expressive association. While the petitioner’s laws
and oaths do not mention sexuality, the purpose of the organization to foster “morally straight” and “clean”
membership would be disregarded if the petitioner was forced to accept the respondent. Further, the First
Amendment Rights of the association would be violated if it were forced, under the guise of law, to send a
message that it accepted homosexual conduct when, on its own assertions, it did not.
Non-impairment of Contracts
Art. 3, Sec. 10. No law impairing the obligation of contracts shall be passed.
Impairment is anything that diminishes the efficacy of the contract. A law which changes the terms of a legal contract between parties, either in the time or mode of performance, or imposes new
conditions, or dispenses with those expressed, or authorizes for its satisfaction something different from that provided in its terms, is a law which impairs the obligation of a contract and is null and void.
[Clemons v. Nolting]
The non-impairment clause is a limit on legislative power, and not of judicial or quasi-judicial power.
It is ingrained in jurisprudence that the constitutional prohibition does not prohibit every change in existing laws. To fall within the prohibition, the change must not only impair the obligation of the
existing contract, but the impairment must be substantial. Moreover, the law must effect a change in the rights of the parties with reference to each other, and not with respect to non-parties.
Oposa v. Factoran Facts: License agreements are not contracts. Even if they were,
The petitioners are all minors duly represented and joined by their respective parents. The petitioners contracts are still subject to the police power of the state.
alleged that respondent, Honorable Fulgencio S. Factoran, Jr., then Secretary of the Department of
Environment and Natural Resources (DENR), continued approval of the Timber License Agreements
(TLAs) to numerous commercial logging companies to cut and deforest the remaining forests of the
country. Petitioners request the defendant, his agents, representatives and other persons acting in his
behalf to:
1. Cancel all existing timber license agreements in the country;
2. Cease and desist from receiving, accepting, processing, renewing or approving new timber
license agreements.
Plaintiffs further assert that the adverse and detrimental consequences of continued and deforestation are
Held:
The respondent Secretary did not invoke in his motion to dismiss the non-impairment clause. If he had
done so, Justice Feliciano would have acted with utmost infidelity to the Government by providing undue
and unwarranted benefits and advantages to the timber license holders because he would have forever
bound the Government to strictly respect the said licenses according to their terms and conditions
regardless of changes in policy and the demands of public interest and welfare. He was aware that as
correctly pointed out by the petitioners, into every timber license must be read Section 20 of the Forestry
Reform Code (P.D. No. 705) which provides that when the national interest so requires, the President may
amend, modify, replace or rescind any contract, concession, permit, licenses or any other form of privilege
granted herein .
All licenses may thus be revoked or rescinded by executive action. It is not a contract, property or a
property right protested by the due process clause of the Constitution.
Ortigas & Co. v. CA Facts: There was no impairment because the owner can still maintain a
Ortigas & Co. sold to Emilia Hermoso a parcel of land located in Greenhills Subdivision, San Juan with residence there. Reclassification (zoning ordinance) was
several restrictions in the contract of sale that said lot be used exclusively for residential purposes, among permissive, not restrictive.
others, until December 31, 2025. Later, a zoning ordinance was issued by MMC (now MMDA) reclassifying The zoning ordinance only allowed what was once prohibited
the area as commercial. Private respondent (Ismael Mathay III) leased the subject lot from Hermoso and
built a single storey building for Greenhills Autohaus, Inc., a car sales company. Ortigas & Co. filed a
petition a complaint which sought the demolition of the constructed car sales company to against Hermoso
as it violated the terms and conditions of the Deed of Sale.
Held:
A law enacted in the exercise of police power to regulate or govern certain activities or transactions could
be given retroactive effect and may reasonably impair vested rights or contracts. Police power legislation is
applicable not only to future contracts, but equally to those already in existence. Non-impairment of
contracts or vested rights clauses will have to yield to the superior and legitimate exercise by the State of
police power to promote the health, morals, peace, education, good order, safety, and general welfare of
the people. Moreover, statutes in exercise of valid police power must be read into every contract.
Access to Courts
Art. 3, Sec. 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.
Rule 141, Sec. 18, ROC. Indigent-litigants exempt from payment of legal fees. -- Indigent-litigants (a) whose gross income and that of their immediate family do not exceed four thousand (P4,000.00)
pesos a month if residing in Metro Manila, and three thousand (P3,000.00) pesos a month if residing outside Metro Manila, and (b) who do not own real property with an assessed value of more than
fifty thousand (P50,000.00) pesos shall be exempt from the payment of legal fees.
The legal fees shall be a lien on any judgment rendered in the case favorably to the indigent litigant, unless the court otherwise provides.
To be entitled to the exemption herein provided, the litigant shall execute an affidavit that he and his immediate family do not earn a gross income abovementioned, nor they own any real property with
the assessed value aforementioned, supported by an affidavit of a disinterested person attesting to the truth of the litigant's affidavit.
Any falsity in the affidavit of a litigant or disinterested person shall be sufficient cause to strike out the pleading of that party, without prejudice to whatever criminal liability may have been incurred.
Rule 3, Sec. 21, ROC. Indigent party. — A party may be authorized to litigate his action, claim or defense as an indigent if the court, upon an ex parte application and hearing, is satisfied that the party
is one who has no money or property sufficient and available for food, shelter and basic necessities for himself and his family.
Such authority shall include an exemption from payment of docket and other lawful fees, and of transcripts of stenographic notes which the court may order to be furnished him. The amount of the
docket and other lawful fees which the indigent was exempted from paying shall be a lien on any judgment rendered in the case favorable to the indigent, unless the court otherwise provides.
Any adverse party may contest the grant of such authority at any time before judgment is rendered by the trial court. If the court should determine after hearing that the party declared as an indigent is
in fact a person with sufficient income or property, the proper docket and other lawful fees shall be assessed and collected by the clerk of court. If payment is not made within the time fixed by the court,
execution shall issue or the payment thereof, without prejudice to such other sanctions as the court may impose.
RA 9999 - Free Legal Assistance Act of 2010
Sec. 3. As provided for in this Act, the term legal services to be performed by a lawyer refers to any activity which requires the application of law, legal procedure, knowledge, training and experiences
which shall include, among others, legal advice and counsel, and the preparation of instruments and contracts, including appearance before the administrative and quasi-judicial offices, bodies and
tribunals handling cases in court, and other similar services as may be defined by the Supreme Court.
Sec. 4. Requirements for Availment. - For purposes of availing of the benefits and services as envisioned in this Act, a lawyer or professional partnership shall secure a certification from the Public
The significance of having an explicit “free access” provision in the Constitution may be gathered from the rocky road which “free access” seems to have traveled in American jurisprudence. The
American constitution does not have an explicit free access provision and, hence, its free access doctrine has been developed as implicit from both the equal protection clause and the due process
clause. [Bernas]
This right is granted to natural persons only. The Constitution has explicitly premised the free exercise clause on a person’s poverty, a condition that only natural persons can suffer.
Acar v. Rosal Facts: At the time of the institution of the case, the Philippines did not
A suit was filed in the Court of First Instance of Negros Oriental on February 21, 1963 by ten persons for provide support for the poor.
their own behalf and that of 9,000 other farm laborers working off and on in sugar cane plantations at the Improper interpretation of the word “pauper.” In the Philippine
Bais milling district, Negros Oriental, against Compañia General de Tabacos de Filipinas, Central context, they should be considered as indigents, not paupers.
Azucarera de Bais, Compañia Celulosa de Filipinas, Ramon Barata, Aurelio Montinola, Sr., and Miguel Indigents, are persons who have no property or source of
Franco. Plaintiffs sought to recover their alleged participations or shares amounting to the aggregate sum income sufficient for their support aside from their own labor,
of P14,031,836.74, in the sugar, molasses, bagasse and other derivatives based on the provisions of though self-supporting when able to work and in employment.
Republic Act 809 (The Sugar Act of 1952). Furthermore, plaintiffs asked thereunder as well as by separate P14,500 divided by 10 was a really big amount during the 60s.
motion, that the aforementioned court authorize them to sue as pauper litigants, under Sec. 22, Rule 3 of The 9,000 laborers are not compelled to divide among
the Rules of Court. The Court of First Instance issued an order on May 27, 1963, denying the same upon themselves the P14,500 because it is a class suit.
the ground that the plaintiffs have regular employment and sources of income and, thus, can not be
classified as poor or paupers.
Held:
As applied to statutes or provisions on the right to sue in forma pauperis, the term has a broader meaning.
It has thus been recognized that: "An applicant for leave to sue in forma pauperis need not be a pauper; the
fact that he is able-bodied and may earn the necessary money is no answer to his statement that he has
not sufficient means to prosecute the action or to secure the costs." It suffices that plaintiff is indigent,
though not a public charge. And the difference between "paupers" and "indigent" persons is that the latter
are "persons who have no property or source of income sufficient for their support aside from their own
labor, though self-supporting when able to work and in employment" (Black's Law Dictionary, p. 913,
"Indigent", citing People vs. Schoharie County, 121 NY 345, 24 NE 830). It is therefore in this sense of
being indigent that "pauper" is taken when referring to suits in forma pauperis. Black's Law Dictionary in
fact defines pauper, thus: "A person so poor that he must be supported at public expense; also a suitor
who, on account of poverty, is allowed to sue or defend without being chargeable with costs"
Custodial Investigation
Art. 3, Sec. 12. (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel
preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of
detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to and rehabilitation of victims of torture or similar practices, and their families.
Miranda Rights
1. The person arrested, detained, invited or under custodial investigation must be informed in a language known to and understood by him of the reason for the arrest and he must be shown the
warrant of arrest, if any; Every other warning, information or communication must be in a language known to and understood by said person;
2. He must be warned that he has a right to remain silent and that any statement he makes may be used as evidence against him;
3. He must be informed that he has the right to be assisted at all times and have the presence of an independent and competent lawyer, preferably of his own choice;
4. He must be informed that if he has no lawyer or cannot afford the services of a lawyer, one will be provided for him; and that a lawyer may also be engaged by any person in his behalf, or
may be appointed by the court upon petition of the person arrested or one acting in his behalf;
5. That whether or not the person arrested has a lawyer, he must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid
waiver has been made;
6. The person arrested must be informed that, at any time, he has the right to communicate or confer by the most expedient means telephone, radio, letter or messenger with his lawyer (either
retained or appointed), any member of his immediate family, or any medical doctor, priest or minister chosen by him or by any one from his immediate family or by his counsel, or be visited
by/confer with duly accredited national or international non-government organization. It shall be the responsibility of the officer to ensure that this is accomplished;
7. He must be informed that he has the right to waive any of said rights provided it is made voluntarily, knowingly and intelligently and ensure that he understood the same;
8. In addition, if the person arrested waives his right to a lawyer, he must be informed that it must be done in writing AND in the presence of counsel, otherwise, he must be warned that the
waiver is void even if he insist on his waiver and chooses to speak;
9. That the person arrested must be informed that he may indicate in any manner at any time or stage of the process that he does not wish to be questioned with warning that once he makes
such indication, the police may not interrogate him if the same had not yet commenced, or the interrogation must ceased if it has already begun;
10. The person arrested must be informed that his initial waiver of his right to remain silent, the right to counsel or any of his rights does not bar him from invoking it at any time during the
process, regardless of whether he may have answered some questions or volunteered some statements;
11. He must also be informed that any statement or evidence, as the case may be, obtained in violation of any of the foregoing, whether inculpatory or exculpatory, in whole or in part, shall be
inadmissible in evidence.
Q. Is it sufficient compliance with this provision for a police officer just to repeat to the person under investigation the provisions of the Constitution?
A. The right of a person under investigation to be informed implies a correlative obligation on the part of the police investigator to explain, and contemplates an effective communication that results in
understanding what is conveyed. Short of this, there is a denial of the right, as it cannot truly be said that the person has been 'informed' of his rights.
People v. Nicandro
Simply put, for circumstantial evidence to be sufficient to support a conviction, all circumstances must be
consistent with each other, consistent with the hypothesis that the accused is guilty, and at the same time
inconsistent with the hypothesis that he is innocent and with every other rational hypothesis except that of
guilt. Facts and circumstances consistent with guilt and inconsistent with innocence, constitute evidence
which, in weight and probative force, may surpass even direct evidence in its effect upon the court.
In the case at bench, the trial court gave credence to several circumstantial evidence, which upon thorough
review of the Court is more than enough to prove appellant’s guilt beyond the shadow of reasonable doubt.
People v. Del Rosario Facts: Alibis are weak because they are self-serving so the only
Emelita Paragua left their house to go to her stall in the public market. Raquel Lopez, the 11-year old niece defense the suspect has is not given much merit.
of Paragua, was left behind as she had no classes that day. Notified of the news that their house was on Del Rosario did not present evidence to prove that he was
Held:
In the offense of robbery with homicide, a crime primarily classified as one against property and not against
persons, the prosecution has to firmly establish the following elements: (a) the taking of personal property
with the use of violence or intimidation against a person; (b) the property thus taken belongs to another; (c)
the taking is characterized by intent to gain or animus lucrandi; and (d) on the occasion of the robbery or by
reason thereof, the crime of homicide, which is therein used in a generic sense, was committed.
Intent to gain (animus lucrandi) is presumed to be alleged in an information where it is charged that there
was unlawful taking (apoderamiento) and appropriation by the offender of the things subject of the robbery.
In this case, it was apparent that the reason why accused-appellant stole the jewelry of Emelita Paragua
was because he intended to gain by them. He had already admitted that he needed money to marry his
common-law wife.
If gaining through unlawful means was farthest from the mind of the accused, why then did he pawn and
sell the jewelry he had taken from Emelita Paragua? The accused vehemently denies having robbed the
house of Emelita Paragua. But the testimonies of Gamboa and the Adrianos that it was the accused who
pawned and sold, respectively, the jewelry to them shows that the accused had in his possession the
stolen jewelry. His failure to refute this must be taken against him. It is a rule established by an abundance
of jurisprudence that when stolen property is found in the possession of one, not the owner, without a
satisfactory explanation of his possession, he will be presumed to be the thief. This rule is in accordance
with the disputable presumption "that a person found in possession of a thing taken in the doing of a recent
Right to Bail
Art. 3, Sec. 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be
released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.
Bail is the security given for the release of a person in the custody of law, furnished by him or a bondsman, conditioned upon his appearance before any court as may be required. [Rule 14, Sec.
1, ROC]
It acts as a security that the accused would appear in court on appointed dates. Its basis is the presumption of innocence.
Bail can be in the form of a sum of money, security bond, or property bond (annotated on the title of the property so when you abscond the State can go after the property).
Can you be released on bail without putting up a bond? Yes. You can be released by recognizance, especially by a respectable member of the community.
The right to bail is not suspended even when the writ of habeas corpus is suspended.
Q. What are the duties of the trial judge in case an application for bail is filed by an accused charged with a capital offense?
A. (1) Notify the prosecutor of the hearing of the application for bail or require him to submit his recommendation (Section 18, Rule 114 of the Rules of Court);
(2) Conduct a hearing of the application for bail regardless of whether or not the prosecution refuses to present evidence to show that the guilt of the accused is strong for the purpose of enabling the
court to exercise its sound discretion (Sections 7 and 8, supra);
(3) Decide whether the evidence of guilt of the accused is strong based on the summary of evidence of the prosecution;
(4) If the guilt of the accused is not strong, discharge the accused upon the approval of the bailbond. (Section 19, supra). Otherwise, petition should be denied."
Basco v. Rapatalo
Q. What is a recognizance?
A. It is an obligation of record entered into before a court guaranteeing the appearance of the accused for trial. It is in the nature of a contract between the surety and the state.
People v. Abner
Held:
A reasonable doubt is not such doubt as any man may start by questioning for the sake of a doubt; nor a
doubt suggested or surmised without foundation in facts or testimony, for it is possible always to question
any conclusion derived from testimony, but such questioning is not what reasonable doubt is. Rather, it is
that state of the case which, after the entire comparison and consideration of all the evidence leaves the
mind of the judge in that condition that he cannot say that he feels an abiding conviction to a moral certainly
of the truth of the charge. Absolute certainty is not demanded by the law to convict of any criminal charge
but moral certainty is required, and this certainty must attend every proposition of proof requisite to
constitute the offense. Absolute, mathematical, or metaphysical certainty is not essential, and besides, in
judicial investigation, it is wholly unattainable. Moral certainty is all that can be required. The arguments of
accused-appellant are premised on the misconception that reasonable doubt is anything and everything
that removes a statement from the matrix of certitude. It bears repeating that even inconsistencies and
discrepancies in the prosecution evidence, unless treating of the elements of the crime, would not
necessarily bring about a judgment of acquittal. In this case, there is not even any inconsistency or
discrepancy to speak of. All things considered, the evidence against the accused-appellant established his
guilt beyond reasonable doubt on all three (3) charges. The appeal is denied. Death penalty is accordingly
imposed.
People v. Murillo Facts: A trial judge must do the following to make sure that there is no
Freddie Murillo was convicted beyond reasonable doubt of the crime of Murder against his aunt Paz Abiera improvident plea of guilt:
and was sentenced to the penalty of Death. 1. ask the accused how he was put under the custody of
Murillo confessed that he stabbed his aunt and dismembered her body and hid the parts inside the septic the law
tank and the head was placed on a red and white striped plastic bad and was disposed at a canal near the 2. whether he was assisted by counsel during the
service road of the South Super Highway. custodial investigation
Appellant argues: His plea of guilt was improvident since there was no indication that he fully understood 3. ask the conditions of his detainment
In re: Request for Facts: Coverage should not be allowed because it will violate the right
Coverage of the Trial On March 13, 2001, the Kapisanan ng mga Brodkaster ng Pilipinas (KBP) sent a letter requesting this to a free trial. Sandiganbayan may feel pressured by the
in the Sandiganbayan Court to allow live media coverage of the anticipated trial of the plunder and other criminal cases filed publicity.
of the Plunder Case against former President Joseph E. Estrada before the Sandiganbayan. The petitioners invoked other than Publicizing the trial would violate the right to an impartial tribunal
Against Former Pres. the freedom of the press, the constitutional right of the people to be informed of matters of public concern
Joseph Estrada which could only be recognized, served and satisfied by allowing live radio and television coverage of the
court proceedings. Moreover, the live radio and television coverage of the proceedings will also serve the
dual purpose of ensuring the desired transparency in the administration of justice.
However, in the Resolution of the Court on October 1991, in a case for libel filed by then President Corazon
C. Aquino read that the Court resolved to prohibit live radio and television coverage of court proceedings in
view of protecting the parties’ right to due process, to prevent distraction of the participants in the
proceedings and to avoid miscarriage of justice.
Held:
Due process guarantees the accused a presumption of innocence until the contrary is proved in a trial that
is not lifted above its individual settings nor made an object of public's attention and where the conclusions
reached are induced not by any outside force or influence but only by evidence and argument given in
open court, where fitting dignity and calm ambiance is demanded."Television can work profound changes
in the behavior of the people it focuses on."The conscious or unconscious effect that such coverage may
have on the testimony of witnesses and the decision of judges cannot be evaluated but, it can likewise be
Although an accused has a right to a public trial but it is a right that belongs to him, more than anyone else,
where his life or liberty can be held critically in balance. A public trial aims to ensure that he is fairly dealt
with and would not be unjustly condemned and that his rights are not compromised. A public trial is not
synonymous with publicized trial; it only implies that the court doors must be open to those who wish to
come, sit in the available seats, conduct themselves with decorum and observe the trial process. In the
constitutional sense, a courtroom should have enough facilities for a reasonable number of the public to
observe the proceedings, not too small as to render the openness negligible and not too large as to distract
the trial participants from their proper functions, who shall then be totally free to report what they have
observed during the proceedings.
The writ of habeas corpus is a remedy to inquire into all manner of involuntary restraint, and to relieve a person therefrom if such restraint is illegal.
It is used to question the legality of the deprivation of liberty.
The petitioner in a petition for the issuance of a writ of habeas corpus is not the detained person but his representative or relative.
The shortcoming of the remedy is that the detainers can just file an information, or the court can just make the person disappear. A writ cannot be issued when the body cannot be found.
Ilusorio v. Bildner Facts: The wife wanted custody of husband so she can get his
A wife tried to secure a Writ of Habeas Corpus to compel her husband to live with her since her husband property.
refused to let her visit him. This was not a guardianship case but a habeas corpus case
because the husband was of sound mind so a guardianship case
Held: would not have prospered.
A WHC extends to all cases of illegal confinement or detention or by which the rightful custody of a person Habeas corpus will not be proper because there must be
On re-litigation
- Issue of paternity is not central to the issue of petitioner’s guilt or innocence. It is entirely
different.Pregnancy is not an element of rape.
- DNA evidence does not fall within the statutory or jurisprudential definition of “newly-
discovered evidence” A motion for new trial based on newly-discovered evidence may be
granted only if the following requisites are met
- Evidence was a discovered after trial
- It could not have been discovered and produced at the trial even with the exercise of
reasonable diligence
- That it is material, not merely cumulative, corroborative, or impeaching
- That the evidence is of such weight that if admitted, it would probably change the
judgement
The DNA evidence could have been discovered and produced at the trial with the exercise of
reasonable diligence.
Writ of Amparo
Sec. 1, The Rule on the Writ of Amparo. The petition for a writ of amparo is a remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an
unlawful act or omission of a public official or employee, or of a private individual or entity.
The writ shall cover extralegal killings and enforced disappearances or threats thereof.
The problem sought to be addressed by the writ of amparo are extrajudicial killings and enforced disappearances.
The writ is not for the dead. It is to protect people from being killed or disappeared (has now become a verb).
The principal reliefs are:
1. temporary protection order
2. inspection order
3. production order (real evidence—records of detention, medical records, photos, etc.)
4. witness protection
Secretary of National Facts: Should the writ still be available even after they escaped? Yes.
Defense v. Manalo Brothers Raymond and Reynaldo Manalo were abducted by military men belonging to the CAFGU on the - as to inspection: find out what happened to them
suspicion that they were members and supporters of the NPA. After 18 months of detention and torture, the - as to production: records to find out who actually took
brothers escaped on August 13, 2007. custody of them and to find out what was done to them
Ten days after their escape, they filed a Petition for Prohibition, Injunction, and Temporary Restraining while under custody
Order to stop the military officers and agents from depriving them of their right to liberty and other basic - issue the writ to protect them in order to ensure that
rights. While the said case was pending, the Rule on the Writ of Amparo took effect on October 24, 2007. they will not be killed by the persons they implicated
The Manalos subsequently filed a manifestation and omnibus motion to treat their existing petition as - as to witness protection: they are material witnesses in
amparo petition. the case of the missing UP students
On December 26, 2007, the Court of Appeals granted the privilege of the writ of amparo. The CA ordered
the Secretary of National Defense and the Chief of Staff of the AFP to furnish the Manalos and the court
with all official and unofficial investigation reports as to the Manalos’ custody, confirm the present places of
official assignment of two military officials involved, and produce all medical reports and records of the
Manalo brothers while under military custody. The Secretary of National Defense and the Chief of Staff of
the AFP appealed to the SC seeking to reverse and set aside the decision promulgated by the CA.
Held:
In upholding the CA decision, the Supreme Court ruled that there is a continuing violation of the Manalos
right to security. xxx The Writ of Amparo is the most potent remedy available to any person whose right to
life, liberty, and security has been violated or is threatened with violation by an unlawful act or omission by
public officials or employees and by private individuals or entities. xxx Understandably, since their escape,
the Manalos have been under concealment and protection by private citizens because of the threat to their
life, liberty, and security. The circumstances of respondents’ abduction, detention, torture and escape
reasonably support a conclusion that there is an apparent threat that they will again be abducted, tortured,
and this time, even executed. These constitute threats to their liberty, security, and life, actionable through
a petition for a writ of amparo,” the Court explained.
Lozada v. Macapagal- Lozada was issued a subpoena by the Senate with regards to the NBN-ZTE scandal. He did not appear The writ is not available because there was no substantial
Arroyo during the hearing and instead flew to London on “official business.” Upon his return, he was escorted by evidence of a threat to life, liberty, or security.
several men and was told by Sec. Atienza that Atienza was talking to ES and Ma’am, whom Lozada - no continuing threat
assumed to be ES Recto and the President. Lozada was brought to La Salle Green Hills where he was - no impediment to his going to La Salle Green Hills
purportedly harassed and threatened by the police. His brother filed for a writ of amparo. The Court held - since the case was already publicized, the possibility
that the writ was properly denied by the CA because the petitioners failed to meet threshold of substantial of agents of the state killing him became remote
evidence and that they failed to prove the existence of a continuing threat.
Navia v. Pardico Facts: The writ not available because there is a need to show
A vehicle of Asian Land Strategies Corporation (Asian Land) arrived at the house of Lolita M. Lapore. The government involvement.
arrival of the vehicle awakened Lolitas son, Enrique Lapore (Bong), and Benhur Pardico (Ben), who were - but the rules of the SC state that writ also applies to
then both staying in her house. When Lolita went out to investigate, she saw two uniformed guards private persons and entities
disembarking from the vehicle. One of them immediately asked Lolita where they could find her son Bong. - but private entities should be acting pursuant to an
Before Lolita could answer, the guard saw Bong and told him that he and Ben should go with them to the order of the state
security office of Asian Land because a complaint was lodged against them for theft of electric wires and - the Court narrowed the meaning of private persons
lamps in the subdivision. Shortly thereafter, Bong, Lolita and Ben were in the office of the security and entities to agents of the state
department of Asian Land also located in Grand Royale Subdivision.
Exasperated with the mysterious disappearance of her husband, Virginia filed a Petition for Writ of Amparo
before the RTC of Malolos City. A Writ of Amparo was accordingly issued and served on the petitioners.
The trial court issued the challenged Decision granting the petition. Petitioners filed a Motion for
Reconsideration which was denied by the trial court.
Petitioners essentially assail the sufficiency of the amparo petition. They contend that the writ of amparo is
Held:
For the protective writ of amparo to issue, allegation and proof that the persons subject thereof are missing
are not enough. It must also be shown and proved by substantial evidence that the disappearance was
carried out by, or with the authorization, support or acquiescence of, the State or a political organization,
followed by a refusal to acknowledge the same or give information on the fate or whereabouts of said
missing persons, with the intention of removing them from the protection of the law for a prolonged period
of time. Simply put, the petitioner in an amparo case has the burden of proving by substantial evidence the
indispensable element of government participation.
In an amparo petition, proof of disappearance alone is not enough. It is likewise essential to establish that
such disappearance was carried out with the direct or indirect authorization, support or acquiescence of the
government. This indispensable element of State participation is not present in this case. The petition does
not contain any allegation of State complicity, and none of the evidence presented tend to show that the
government or any of its agents orchestrated Bens disappearance. In fact, none of its agents, officials, or
employees were impleaded or implicated in Virginia's amparo petition whether as responsible or
accountable persons. Thus, in the absence of an allegation or proof that the government or its agents had
a hand in Ben’s disappearance or that they failed to exercise extraordinary diligence in investigating his
case, the Court will definitely not hold the government or its agents either as responsible or accountable
persons.
Under Section 1 of A.M. No. 07-9-12-SC a writ of amparo may lie against a private individual or entity. But
even if the person sought to be held accountable or responsible in an amparo petition is a private individual
or entity, still, government involvement in the disappearance remains an indispensable element.
Caram v. Segui Facts: The proper action would have been a petition to annul the
Petitioner Ma. Christina Yusay Caram(Christina) had an amorous relationship with Marcelino Gicano decree of adoption. But they resorted to a petition for the writ of
Constantino III (Marcelino) and eventually became pregnant with the latter’s child without the benefit of amparo because it is difficult to annul a decree of adoption.
marriage. During this time, she intended to have the child adopted through Sun and Moon Home for There was no enforced disappearance because the DSWD
Children (Sun and Moon) in Parañaque City to avoid placing her family in a potentially embarrassing never concealed the baby.
situation for having a second illegitimate son. On July 26, 2009, Christina gave birth to Baby Julian at
Amang Rodriguez Memorial Medical Center, Marikina City. Sun and Moon shouldered all the hospital and
medical expenses. On August 13, 2009, Christina voluntarily surrendered Baby Julian by way of a Deed of
Voluntary Commitment to the DSWD.
Held:
Christina’s directly accusing the respondents of forcibly separating her from her child and placing the latter
up for adoption, supposedly without complying with the necessary legal requisites to qualify the child for
adoption, clearly indicates that she is not searching for a lost child but asserting her parental authority over
the child and contesting custody over him. Since it is extant from the pleadings filed that what is involved is
the issue of child custody and the exercise of parental rights over a child, who, for all intents and purposes,
has been legally considered a ward of the State, the Amparo rule cannot be properly applied.
To reiterate, the privilege of the writ of amparo is a remedy available to victims of extra-judicial killings and
enforced disappearances or threats of a similar nature, regardless of whether the perpetrator of the
unlawful act or omission is a public official or employee or a private individual. It is envisioned basically to
protect and guarantee the right to life, liberty and security of persons, free from fears and threats that vitiate
the quality of life.
A delay is also a violation of due process so there is no need for an express provision in the Constitution.
If the accused is detained for a long period of time, he is seen as a criminal even if he is innocent, thus, violating the right to presumption of innocence.
The rationale of the right is (1) to prevent an oppressive pre-trial incarceration, (2) to minimize anxiety and concern of the accused, and (3) to limit the possibility that the defense will be impaired.
Mendoza-Ong v, Facts: Three years was not inordinately long because (1) they filed the
Sandiganbayan Petitioner seeks a reversal of the SC’s Resolution dismissing her petition for certiorari and upholding the case with the Ombudsman where they handle a lot of cases; (2)
Sandiganbayan’s denial of her motion to quash and contends that the SC erred in failing to resolve the petitioner is at fault because he kept asking for extensions to file
fundamental issue of whether the excessive or inordinate delay in the conduct of the preliminary a counter-affidavit.
investigation and filing of the informations after three years had deprived her of her Constitutional and - if the delay is attributable to the accused, it is not a
statutory right to due process and speedy determinations and disposition of the cases against her violation of the right to a speedy trial
warranting dismissal thereof. - delay was not attributable to the State
A classic example of violation attributable to the State is when
Held: the prosecution is not ready with witnesses.
The right to speedy disposition of cases, like the right to speedy trial, is violated only when the proceedings The prosecution always asks for extension to get ready or to find
are attended by vexatious, capricious and oppressive delays. In the determination of whether said right has a witness so the SC made a rule limiting the allowable
been violated, particular regard must be taken of the facts and circumstances peculiar to each case. The extensions to three.
conduct of both the prosecution and the defendant, the length of the delay, the reasons for such delay, the
assertion or failure to assert such right by the accused, and the prejudice caused by the delay are the
factors to consider and balance. A mere mathematical reckoning of time involved would not be sufficient.
Considering the number of times that the case had to be reviewed, the levels of review that the case had to
undergo, and petitioner’s own motions for additional time, the period that lapsed -- roughly two years and
five months (from the time petitioner and her co-accused submitted their counter-affidavits on March 29,
1995, to the time the informations were filed on August 1, 1997) to terminate the proceedings against
petitioner -- could not be considered vexatious, capricious, and oppressive delay. They were necessitated
by exigency of the actions taken on the case. The period to terminate the proceedings, in our view, had not
violated petitioner’s constitutionally guaranteed rights to due process and to a speedy disposition of cases.
Neither could the delay be said to have been prejudicial to her considering that she herself is guilty of
delay. The Court has held that if the long delay in the termination of the preliminary investigation was not
solely the prosecution’s fault, but was also due to incidents attributable to the accused and his counsel, the
right of the accused to speedy disposition of cases is not violated. Petitioner cannot now seek the
protection of the law to benefit from what she now considers the adverse effects of her own conduct in this
case.
Cervantes v. Facts: More than six years of delay is a violation because there is
Sandiganbayan On March 6, 1986, private respondent Pedro Almendras filed a sworn complaint with the Office of the neglect on the part of the State.
Tanodbayan (predecessor of the Ombudsman) against a certain Alejandro Tapang for falsification of
complainant's "salaysay" alleging that Alejandro Tapang made him sign a piece of paper in blank on which
paper a "salaysay" was later inscribed stating that complainant had been paid his claim in the amount of
Held:
The Supreme Court granted the petition and annulled the minute resolution of the Sandiganbayan denying
petitioner's motion to quash. The Court ruled that petitioner was deprived of his right to a speedy
disposition of the case, a right guaranteed by the Constitution. The Court did not accept the Special
Prosecutor's ratiocination that herein petitioner was insensitive to the implications and contingencies
thereof by not taking any step whatsoever to accelerate the disposition of the matter. The Court
emphasized that it is the duty of the prosecutor to speedily resolve the complaint, as mandated by the
Constitution, regardless of whether the petitioner did not object to the delay or that the delay was with his
acquiescence provided that it was not due to causes directly attributable to him.
Remulla v. Facts:
Sandiganbayan - Aug 2005: Remulla filed a crim complaint in the omb v. Maliksi for violation of Sec. 3 RA 3019
o Alleged that Maliksi, as gov of Cavite, caused the purchase of med supplies w/o public
bidding, thereby giving unwarranted benefit or presence to it.
- Aug 2014 (AFTER 9 YEARS), the Omb (reso) found probable cause
- Nov 2014: omb filed an information
- Maliksi filed motion to dismiss on the grd that his right to a speedy disposition of his case was
violated.
- SB favored Maliksi
- Remulla’s argument:
o Maliksi did not promptly assert his right to a speedy disposition
▪ Citing Tilendo v. Omb, there must be an active assertion
▪ Cited also Guerrero, Bernat, and Tello
▪ Coscolluela is not controlling since it is only applicable when the resp is
completely unaware of the prelim inv against him
- Maliksi’s comment:
o Cited Tatad and People v. SB where even shorter delays were considered violations
- SC: On the right to a speedy disposition of cases
o It is a relative concept
▪ Violated only when the proceeding is attended by vexatious, capricious, and
oppressive delays
▪ When unjustified postponements are asked for and secured
▪ Balancing test: conduct of both the prosec and the defendant are weighed
● Four fold factors:
o Length of the delay
o Reason for the delay
o Def’s assertion/non-assertion of his right
o Prejudice to def resulting from the delay
▪ None of these is a necessary/sufficient
condition
▪ Courts must still engage in a difficult
balancing process
Exclusionary Rule under Sec. 17 in relation to Sec. 12: When the privilege against self-incrimination is violated outside of the court (e.g. police), then the testimony, as already noted, is not admissible.
Ousted of jurisdiction: When the privilege is violated by the court itself, the court is ousted of its jurisdiction, all its proceedings, and even judgment, are null and void.
People v. Ayson Facts: The right against self-incrimination was not violated because
Felipe Ramos, a ticket freight clerk of the Philippine Airlines (PAL), was charged with estafa for even though he did not know that the statement he made would
irregularities in the sale of plane tickets. Respondent judge admitted all evidentiary and testamentary be used in trial and even though he wasn’t informed of his right
evidence offered against Ramos except for the latter’s handwritten note expressing his willingness to settle to remain silent, there was no custodial investigation
the irregularities alleged against him as well as his statement during an administrative investigation where The statement may be used against him because it was not
he admitted to the offense. made during the custodial investigation. Investigation was done
within the context of the employer-employee relationship
Held: (administrative and not for law enforcement).
Felipe Ramos was not in any sense under custodial interrogation prior to and during the administrative The first sentence of Sec. 20, Art. 3 is right to remain silent in
inquiry into the discovered irregularities in ticket sales in which he appeared to have had a hand. The custodial investigation.
constitutional rights of a person under custodial interrogation under Section 20, Article IV of the 1973 Components of right against self-incrimination:
Constitution did not therefore come into play. He had voluntarily answered questions posed to him on the 1. Right to refuse/refusal to testify – incriminatory if he
first day of the administrative investigation and agreed that the proceedings should be recorded. The note testified because he might be liable for perjury but
that he sent to his superiors offering to compromise his liability in the alleged irregularities, was a free and more importantly, he might be cross-examined. If he
even spontaneous act on his part. refuses to testify, it won’t be taken against him
2. If he testifies, he will have to undergo cross-
examination - the purpose of cross-examination is to
destroy the credibility of the person who testified.
3. If he testifies, he may refuse to answer those
questions in relation to other crimes → he may refuse
only when the question is asked, not before.
Chavez v. CA Facts: Chavez will be the only one who will be arrested because a
Judgment of conviction was for qualified theft of a motor vehicle(thunderbird car together with accessories). famous actor and a mayor-to-be will not be arrested.
An information was filed against the accused together with other accused,that they conspired, with intent to Chavez did not want to testify
gain and abuse of confidence without the consent of owner Dy Lim, took the vehicle.All the accused plead - you can’t make the accused a hostile witness because
not guilty. During the trial, the fiscal grecia (prosecution) asked roger Chavez to be the first witness. the accused has the right not to testify
Counsel of the accused opposed. Fiscal Grecia contends that the accused (Chavez) will only be an - there were no other witnesses against him, so the
ordinary witness not a state witness. Counsel of accused answer that it will only incriminate his client. But prosecutor compelled him to be a witness
the judge ruled in favor of the fiscal. Petitioner was convicted. - he did not object as the questions were asked. If you
do not object, under the law, you waive your right
Held: against self-incrimination. But at the start he already
Petitioner was forced to testify to incriminate himself, in full breach of his constitutional right to remain refused to testify.
silent. It cannot be said now that he has waived his right. He did not volunteer to take the stand and in his Chavez invoked right no. 1 (see Ayson)
own defense; he did not offer himself as a witness. - he can’t be convicted because his statements were
Juxtaposed with the circumstances of the case heretofore adverted to, make waiver a shaky defense. It inadmissible no evidence
cannot stand. If, by his own admission, defendant proved his guilt, still, his original claim remains valid. For
the privilege, we say again, is a rampart that gives protection – even to the guilty.
Villaflor v. Summers Facts: The judge had her undergo physical examination to determine
In a criminal case pending before the CFI of Manila, EMETERIA VILLAFLOR and FLORENTINO whether she had sex with another man (pregnancy as proof).
SOUINGCO are charged with the crime of adultery. On this case coming on for trial before the Hon. Pedro - there was no self-incrimination because the protection
Concepcion, Judge of First Instance, upon the petition of the assistant fiscal for the city of Manila, the court extended only to testimonial evidence
ordered the defendant Villaflor, petitioner herein, to submit her body to the examination of one or two - testimonial vs mechanical evidence (all that is done is
competent doctors to determine if she was pregnant or not. The accused refused to obey the order on the to just take a look. Nothing is required of the accused)
ground that such examination of her person was a violation of the constitutional provision relating to self- - examination was purely external
Held:
It is not a violation of her constitutional rights. The rule that the constitutional guaranty, that no person shall
be compelled in any criminal case to be a witness against himself, is limited to a prohibition against
compulsory testimonial self-incrimination. The corollary to the proposition is that, an ocular inspection of the
body of the accused is permissible.
It is a reasonable presumption that in an examination by reputable and disinterested physicians due care
will be taken not to use violence and not to embarrass the patient any more than is absolutely necessary.
Indeed, no objection to the physical examination being made by the family doctor of the accused or by
doctor of the same sex can be seen.
Although the order of the trial judge, acceding to the request of the assistant fiscal for an examination of the
person of the defendant by physicians was phrased in absolute terms, it should, nevertheless, be
understood as subject to the limitations herein mentioned, and therefore legal.
Held:
The court ordered the respondents and those under their orders desist and abstain absolutely and forever
from compelling the petitioner to take down dictation in his handwriting for the purpose of submitting the
latter for comparison. Writing is something more than moving the body, or the hands, or the fingers; writing
is not a purely mechanical act, because it requires the application of intelligence and attention; and in the
case at bar writing means that the petitioner herein is to furnish a means to determine whether or not he is
the falsifier, as the petition of the respondent fiscal clearly states. Except that it is more serious, we believe
the present case is similar to that of producing documents or chattels in one's possession. We say that, for
the purposes of the constitutional privilege, there is a similarity between one who is compelled to produce a
document, and one who is compelled to furnish a specimen of his handwriting, for in both cases, the
witness is required to furnish evidence against himself. It cannot be contended in the present case that if
permission to obtain a specimen of the petitioner's handwriting is not granted, the crime would go
unpunished. Considering the circumstance that the petitioner is a municipal treasurer, it should not be a
difficult matter for the fiscal to obtained genuine specimens of his handwriting. But even supposing it is
impossible to obtain specimen or specimens without resorting to the means complained herein, that is no
reason for trampling upon a personal right guaranteed by the constitution. It might be true that in some
cases criminals may succeed in evading the hand of justice, but such cases are accidental and do not
constitute the raison d' etre of the privilege. This constitutional privilege exists for the protection of innocent
persons.
Slavery and involuntary servitude, together with their corollary peonage, all denote a condition of enforced compulsory service of one to another. [Hodges v. US in Rubi v. Provincial Board of Mindoro,
1919]
Held:
Physical restraint is not an essential requirement in involuntary servitude.
An employment agency, regardless of the amount it may advance to a prospective employee has
absolutely no power to curtail the freedom of movement of said employee.
Freedom may be lost due to external moral compulsion, to founded or groundless fear, to erroneous belief
in the existence of an imaginary power of an impostor to cause harm if not blindly obeyed, to any other
psychological element that may curtail the mental faculty of choice or the unhampered exercise of the will.
If the actual effect of such psychological spell is to place a person at the mercy of another, the victim is
entitled to the protection of courts of justice as much as the individual who is illegally deprived of liberty by
duress or physical coercion.
Human dignity is not a merchandise appropriate for commercial barters or business bargains. Fundamental
freedoms are beyond the province of commerce or any other business enterprise.
What is prohibited?
Cruel and unusual punishment. Unusual punishment is not prohibited especially if it makes the penalty less evere.
The constitutional limit must be reckoned on the basis of the nature and mode of punishment in terms of physical pain.
For a death penalty to be valid, a positive manifestation in the form of higher incidence of crime should first be perceived and statistically proven following the suspension of the death penalty [is not
required in Sec. 19(1)]. Neither does the said provision require that the death penalty be resorted to as a last recourse when all other criminal reforms have failed to abate criminality in society. [People
v. Echegaray, 1997]
Sec. 19(2) as worded, already embodies the constitutional authorization for the Commission on Human Rights to take action in accordance with Art. 13, Sec. 18. There is a command addressed to
Congress to pass whatever civil or penal legislation might be required for the subject. [Bernas]
Atkins v. Virginia Facts: - Court: we take notice of this movement (revisiting the
Atkins Daryl was sentenced to death for shooting a patron of an automated teller machine and for robbery, imposition of penalties for those who are mentally retarded
after he was found guilty of abduction, capital murder and armed robbery. A verdict of “mildly mentally because States, one by one, were changing the rules on the
retarded” pertaining to the health of Atkins, was given by a forensic psychologist. This verdict of the theory that in retarded persons, there is a diminution of malice
psychologist was based on the interview he had with Atkins and with others who knew him, review of because of their mental disability)
school and court records of other crimes and a standard intelligence test which showed that Atkins had a - in the PH, mentally retarded persons cannot be held criminally
full scale IQ of 59. Atkins however appealed against the ruling of the trial court on the ground that liable → mental health facility
sentencing a mentally retarded criminal to death was a cruel and unusual punishment under the Eighth
Amendment.
Held:
Under the Eighth Amendment, the capital punishment of a mentally retarded convict is cruel and unusual.
Mentally retarded persons should be tried and punished when they commit crimes once they meet the
Lim v. People Facts: - severity of the penalty alone does not make it cruel. It is the
Petitioners assail the constitutionality of PD 818, a decree which amended Article 315 of the Revised Penal modality
Code, by increasing the penalties for estafa, for being violative of the due process clause, the right to bail - not good for the court to be the arbiter of moral standards
and the provision against cruel, degrading or inhuman punishment enshrined under the Constitution. because they evolve
Held:
In dismissing the petition, the Supreme Court held that settled is the rule that a penalty of fine or
imprisonment, when authorized by a statute, is not cruel or degrading unless it is flagrantly oppressive and
wholly disproportionate to the nature of the offense as to shock the moral sense of the community. Thus,
while PD 818 increased the imposable penalties for estafa committed under Article 315, par. 2 (d) of the
Revised Penal Code, it did not increase the amounts corresponding to the said new penalties. The
increase in the penalty, however, far from being cruel and degrading, was motivated by a laudable
purpose,
namely, to avert the proliferation of estafa cases committed by means of bouncing checks which
undermines the country's commercial and economic growth.
Lito Corpuz v. People Facts: - if the SC itself did the assessment, it would be usurpation of
An information was filed against Lito Corpuz for the crime of estafa, wherein said Danilo Tangcoy is legislative function
engaged in the business of lending money to casino players, that on May 2, 1991 petitioner Lito Corpuz - what happened here is that there has been no change in the
approached him and offered to sell his jewelry pieces in a commission basis in which Danilo Tangcoy threshold for the crime of estafa. Without an adjustment in the
agreed. He then gave Lito Corpuz several jewelries that has an aggregate value of P98,000 as evidence by threshold amount, the accused can suffer the penalty of
a receipt. Both agreed that within sixty days Lito Corpuz shall remit the proceeds of the sale or if unsold reclusion perpetua for half the price of a laptop
shall return the same. Lito Corpuz then promised to pay the value of the said items. - but not cruel and inhuman. Only harsh. If it’s harshness we’re
On the information filed by Danilo Tangcoy it was said that Lito corpuz with an intent to defraud said talking about, it’s a matter of wisdom congress decides
Tangcoy misappropriated, misapply and convert such jewelries into his personal used. Herein, Lito Corpuz - purpose of imprisonment under the ISL is rehabilitation so
filed a not guilty plea but the Regional Trial Court ruled in favor of Tangcoy and sentenced Corpuz guilty of imprisonment cannot be considered inhuman. Length of
the crime of estafa and to suffer the penalty of imprisonment under the indeterminate sentence law of 4yrs imprisonment is a matter of wisdom
and 2mons to 14yrs and 8mons. - RA 10951 revising the penalties and fines
Lito Corpuz appealed to the Court of Appeals where it denied the appeal and ruled the same, Corpuz then
appealed to the Supreme Court by way of Certiorari.
Held:
The Supreme Court ruled that indeed the petitioner Lito Corpuz was guilty of the crime of estafa. In its
decision about the punishment the Supreme Court stated that there seems to be a perceived injustice
brought by the range of penalties, but the high court said that they modify the penalties for that would
constitute judicial legislation and that such duty does not belong to the court but to the legislature. Other
Justices has their own opinion as to the punishment, some concurs with the ponente, others invoked the art
5 of the RPC that in cases of excessive penalties the court shall render the proper decision and shall report
to the chief executive the reasons that such said act should be made subject of legislation and without
suspending the sentence. Justice Carpio in his dissenting opinion said that the first paragraph of article 315
should be held unconstitutional as it is against article 19(1) of the Constitution and that according to the
universal declaration of human rights "torture, cruel, degrading and inhuman punishment should be ban",
the Philippines was one of the approving State/community during the UDHR and although is a non binding
instrument, such UDHR forms part of the Philippine law for it is a generally accepted principle of
international law.
A tax is not a debt since it is an obligation arising from law. Hence, its non-payment may be validly punished with imprisonment.
Double Jeopardy
Art. 3, Sec. 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to
another prosecution for the same act.
Termination of jeopardy:
1. By acquittal
2. By final conviction
3. By dismissal without express consent of the accused
4. By dismissal on the merits
Requisites:
1. A court of competent jurisdiction
2. A complaint/information sufficient in form and substance to sustain a conviction
3. Arraignment and plea by the accused
4. Conviction, acquittal, or dismissal of the case without the express consent of the accused
Exceptions
1. The graver offense developed due to supervening facts arising from the same act or omission constituting the former charge.
2. The facts constituting the graver charge became known or were discovered only after the filing of the former complaint or information.
The accused cannot be prosecuted a second time for the same offense and the prosecution cannot appeal a judgment of acquittal. [Kepner v. US, 1904]
When an accused appeals his conviction, he waives his right to the plea of double jeopardy. If the accused had been prosecuted for a higher offense but was convicted for a lower offense, he has
technically been acquitted of the higher offense. His appeal would give the court the right to impose a penalty higher than that of the original conviction imposed on him. [Trono v. US, 1905]
People v. Relova Facts: - unauthorized installation was the means for taking so double
People of the Philippines seeks to set aside the orders of Respondent Judge Hon. Relova quashing an jeopardy. Both crimes arose from the same act
information for theft filed against Mr. Opulencia on the ground of double jeopardy and denying the - Sir: alleging a different period of time would have allowed the
petitioner’s motion for reconsideration.. On Feb.1 1975, Batangas police together with personnel of prosecution to file another case
Batangas Electric Light System, equipped with a search warrant issued by a city judge of Batangas to
search and examine the premises of the Opulencia Carpena Ice Plant owned by one Manuel Opulencia.
They discovered electric wiring devices have been installed without authority from the city government and
architecturally concealed inside the walls of the building. Said devices are designed purposely to lower or
decrease the readings of electric current consumption in the plant’s electric meter. The case was dismissed
on the ground of prescription for the complaint was filed nine months prior to discovery when it should be
2months prior to discovery that the act being a light felony and prescribed the right to file in court. On Nov
24, 1975, another case was filed against Mr. Opulencia by the Assistant City Fiscal of Batangas for a
violation of a Batangas Ordinance regarding unauthorized electrical installations with resulting damage and
prejudice to City of Batangas in the amount of P41,062.16. Before arraignment, Opulencia filed a motion to
quash on the ground of double jeopardy. The Assistant fiscal’s claim is that it is not double jeopardy
because the first offense charged against the accused was unauthorized installation of electrical devices
without the approval and necessary authority from the City Government which was punishable by an
ordinance, where in the case was dismissed, as opposed to the second offense which is theft of electricity
which is punishable by the Revised Penal Code making it a different crime charged against the 1st
complaint against Mr.Opulencia.
Held:
Mr. Opulencia can invoke double jeopardy as defense for the second offense because as tediously
explained in the case of Yap vs Lutero, the bill of rights give two instances or kinds of double jeopardy. The
first would be that “No person shall be twice put in jeopardy of punishment for the same offense and the
second sentence states that “If an act is punishable by a law or an ordinance, the conviction or acquittal
shall bar to another prosecution for the same act”. In the case at bar, it was very evident that the charges
filed against Mr. Opulencia will fall on the 2nd kind or definition of double jeopardy wherein it contemplates
double jeopardy of punishment for the same act. It further explains that even if the offenses charged are
not the same, owing that the first charge constitutes a violation of an ordinance and the second charge was
a violation against the revised penal code, the fact that the two charges sprung from one and the same act
of conviction or acquittal under either the law or the ordinance shall bar a prosecution under the other thus
making it against the logic of double jeopardy. The fact that Mr. Opulencia was acquitted on the first
offense should bar the 2nd complaint against him coming from the same identity as that of the 1st offense
charged against Mr.Opulencia.
People v. Dela Torre Facts: - after conviction by the trial court, the State wanted to impose a
The prohibition applies only to criminal legislation which affects the substantial rights of the accused.
Bills of Attainder
A bill of attainder is a legislative act which inflicts punishment without judicial trial. If the punishment be less than death, the act is termed a bill of pains and penalties. Within the meaning of the
Constitution, bills of attainder include bills of pains and penalties.
In order for a statute be measured as a bill of attainder, the following requisites must be present:
1. The statute specifies persons, groups.
2. The statute is applied retroactively and reaches past conduct. (A bill of attainder relatively is also an ex post facto law.)
Held:
While it is true that Sec. 18 penalizes a violation of any provision of R.A. No. 6132, the penalty is imposed
only for acts committed after the approval of the law and not those perpetrated prior thereto. Therefore, it is
not an ex post facto law. The penalty is imposed only for acts committed after the approval of the law.
People v. Ferrer Facts: - the Anti-Subversion law was not declared as a bill of attainder
Hon. Judge Simeon Ferrer is the Tarlac trial court judge that declared RA 1700 or the Anti-Subversive Act because the prohibition applies to conduct and not mere
of 1957 as a bill of attainder. Thus, dismissing the information of subversion against Feliciano Co (an knowledge or intent. The reach of the law was limited to conduct.
officer/leader of the CPP) and Nilo Tayag and 5 others, for being members/leaders of the NPA. - 3 operative words as determined by the court:
1. knowingly
Held: 2. willfully
This is not a bill of attainder. the statute simply declares the CPP as an organized conspiracy for the 3 by overt acts – most important, not knowledge
Academic Freedom
Art. XIV, Sec. 5(2). Academic freedom shall be enjoyed in institutions of higher learning
Q. What’s the difference between this and the Academic Freedom of the Learning Institution?
Institutional academic freedom includes the right of the school or college to decide for itself, its aims and objects and the methods on how best to attain them, free from outside coercion or
interference, save possibly when the overriding public welfare calls for some restraint.
(Camacho v Coresis)
Miriam College v. CA Facts: Was this is a case of a right of speech? No. Although the
The members of the editorial board, as well as the writers of Miriam College’s school paper (Chi-Rho) and students want to invoke it, the context of the rights is the
magazine (Ang Magasing Pampanitikan ng Chi-Rho) received letters of complaint against them from the institution. These are not standalone rights but since you are in
Miriam community for producing literary pieces that the College has found to be obscene, vulgar, indecent the institution, it should be in the context of what the court
etc. The Chair of MC’s discipline committee, Dr. Aleli Sevilla, required the students to submit a written considers the greater right of the institution.
response but none of the students did.
They instead requested Dr. Sevilla to transfer the case to the Department of Education, Culture and Sports
(DECS), which they contested, that had jurisdiction over the case. Dr. Sevilla again required the students to
file their answers, but the students reiteration their positions that MC”s Discipline Committee had no
jurisdiction over them. The Discipline Committee proceeded with its investigation ex parte and the following
sanctions were imposed: the students were suspended, expelled, dismissed, and one was not allowed to
attend her graduation.
RTC: Student’s petition for prohibition and certiorari with TRO against jurisdiction of MC discipline board
DENIED. MR GRANTED.
CA: TRO on enforcing dismissal/suspension, RTC & Suspension by MC is VOID.
Held
SC rule that Miriam College has the authority to hear and decide the cases filed against students.
YES, Section 7 of the Campus Journalism Act (investing jurisdiction on DECS) should be read in a manner
as not to infringe upon the school's right to discipline its students. At the same time, however, we
should not construe said provision as to unduly restrict the right of the students to free speech. Consistent
The power of the school to investigate is an adjunct of its power to suspend or expel. It is a
necessary corollary to the enforcement of rules and regulations and the maintenance of a safe and orderly
educational environment conducive to learning. That power, like the power to suspend or expel, is an
inherent part of the academic freedom of institutions of higher learning guaranteed by the Constitution.
Morales v. UP Board Facts: - issue was w/n the courts can intervene
of Regents Nadine Morales is a graduating student from UP who shifted from majoring in German to majoring in - not within the province of the courts to intervene in the exercise
French. This shift in majorse caused her to be removed from the list of those graduating with honors. This of academic freedom
is because UP has a rule wherein for language majors, only those subjects which form part of the - (1) no factual basis for the court (UP Code and the
prescribed curriculum will be included in the computation for the final weighted average, which will circumstances were very clear) and (2) no legal basis for the
determine whether or not a student will be granted honors. Since her shift from German to French, some of court (how to teach includes determining both the curriculum and
her German electives were not included in the computation of her grades. Morales attempted to appeal to who can be given recognition).
UP multiple times to no avail. So she attempted to get the courts to intervene to compel UP to include her - as long as there is no violation of due process and equal
electives in the computation of her grades. protection, the courts cannot do anything
Held:
It’s not within the province of the courts to intervene w/in the exercise of academic freedom unless
there is a clear showing that the University has arbitrarily and capriciously exercised its judgement.
There was no legal basis for the Courts to compel UP to include the German electives in the
computation for her grade.
The wide sphere of autonomy given to universities in the exercise of academic freedom extends to the right
to confer academic honors. The University has exclusive discretion to determine to whom among its
graduates it shall confer academic recognition based on its established standards.
The discretion of schools of learning to formulate rules and guidelines in the granting of honors for
purposes of graduation forms part of academic freedom. (University of San Carlos v CA)
Well-settled is the principle that by reason of special knowledge and expertise of administrative agencies
over matters falling under their jurisdiction, they are in a better position to pass judgement thereon; thus,
their findings of fact in that regard are generally accorded great respect, if not finality by the courts, absent
any showing of grave abuse of discretion on the part of the university. (UP v Ayson)
Garcia v. Loyola Facts: - no basis because they only kicked her out because she’s a
School of Theology Epicharis Garcia, a woman, was admitted by the Loyola School of Studies leading to an MA in Theology for woman and she can’t become a priest
a summer class. She wanted to enroll again when the term began but the school’s director informed her - in the first place, she wasn’t enrolled. She was only allowed to
that she would not be accepted for readmission because her “frequent questions in class had the effect of edit.
slowing down the progress of the class.” and suggested she study at the UST Graduate school. Garcia - she wanted to enroll but the school refused because of the
inquired in UST and found out that it would take her around an extra 4 or 5 years of study whereas in the effect on her male classmates because they will question the
Loyola school where she was “unlawfully” being refused admission, it would only take an extra 2 years. doctrines (theology school so di encouraged ang pag question
She prayed the Court issue a mandamus against the Loyola School to let her enroll in the semester. ng doctrine)
- under the Catholic church only males can become a priest
Held: - court cannot compel because it goes into the very doctrine that
The faculty admissions committee of the Loyola school had authority and discretion in allowing or barring the school teaches
her admission.
Being a particular educational institution (SEMINARY), mandamus would not lie as Loyola Schools had no
clear duty to admit Garcia, being that she’s a woman, it was a seminary and she was asking questions that
concerned dogma, an exercise more appropriate for graduate school rather than a seminary.
De La Salle University Facts: - clear that although this was outside, it still reflected on the
v. CA Members of Tau Gamma Phi Fraternity were expelled by the DLSU-CSB Joint Discipline Board because of values that the school teaches
their involvement in a rambol between their fraternity and that of Domino Lux, specifically fratman James - right to admit includes the right to exclude
Yap, who sustained injuries because of the incident. Yap filed a complaint for Direct Assault with the DLSU- - rule of proportionality should be applied. Slight physical injury
CSB Joint Discipline Board which resulted in the expulsion of some of the students. Respondents argued lang so hindi dapat expulsion
lack of due process for there was no hearing conducted and they were not allowed to cross-examine the - the values should be used in determining the proportionality of
witnesses against them. the penalty
Held:
There was due process. A formal trial-type hearing is not at all times essential to due process.
Private respondents were duly informed in writing of the charges against them by the DLSU-CSB Joint
Discipline Board through petitioner Sales. They were given the opportunity to answer the charges
against them as they, in fact, submitted their respective answers. They were also informed of the
evidence presented against them as they attended all the hearings before the Board. Moreover, private
respondents were given the right to adduce evidence on their behalf and they did. Lastly, the Discipline
Board considered all the pieces of evidence submitted to it by all the parties before rendering its resolution.
Private respondents cannot claim that they were denied due process when they were not allowed to cross-
examine the witnesses against them.
Human Rights
The teachers submitted sworn statements to the Commission on Human Rights to complain that while they
were participating in peaceful mass actions, they suddenly learned of their replacements as teachers,
allegedly without notice and consequently for reasons completely unknown to them. The CHR sent a
subpoena to Secretary Cariño requiring his attendance in a dialogue. Otherwise, the Commission will
resolve the complaint on the basis of complainants' evidence.
Held:
The CHR does not have the power to adjudicate the case. It was not meant by the fundamental law to be
another court or quasi-judicial agency in this country, or duplicate much less take over the functions of the
latter.
The CHR may investigate, i.e., receive evidence and make findings of fact as regards claimed human
rights violations involving civil and political rights. But fact-finding is not adjudication, and cannot be likened
to the judicial function of a court of justice, or even a quasi-judicial agency or official.
Held:
The CHR is prohibited from further proceeding with the case filed before it and from implementing the
penalty for contempt. The CHR’s focus must be on violations of human rights such as (1) protection of
rights of political detainees, (2) treatment of prisoner and the prevention of tortures, (3) fair and public trials,
(4) cases of disappearances, (5) salvaging and hamletting, and (6) other crimes committed against the
religious.
Lim v. Ponce De Leon Facts: To be liable under Article 32 of the New Civil Code it is enough
A complaint was filed against Jikil Taha alleging that a year after he sold his motor launch, he forcibly took that there was a violation of the constitutional rights of the
the same. After the preliminary investigation, Fiscal Ponce de Leon filed an information for robbery with plaintiffs and it is not required that defendants should have acted
force and intimidation filed an information for robbery with force and intimidation upon person and directed with malice or bad faith.
the Provincial Commander of Palawan to impound the motor launch subject of the criminal offense. The
Provincial Commander in turn directed Detachment Commander Orlando Maddela to seize the motor The Constitutional Right violated was the RIGHT AGAINST
launch from Delfin Lim, a subsequent vendee, Jikil Taha and Delfin Lim filed a complaint for damages ILLEGAL SEARCH AND SEIZURE. Because there was no
against Fiscal Ponce de Leon and Orlando Maddela alleging, among others, that the motor launch was search warrant and the order came from the prosecutor who
seized without a search warrant. The trial court upheld the validity of the seizure and ordered plaintiffs to does not have the power to issue a search warrant, this power is
pay jointly and severally actual and exemplary damages plus attorney's fees. Hence, this appeal. vested with the judge. THERE WAS NO LAWFUL ORDER.
Held:
The Supreme Court reversed the ruling holding that the seizure without a warrant was illegal and violative
of the constitutional provision against unreasonable searches and seizure even if the thing seized was the
corpus delicti of a crime; and ordered fiscal Ponce de Leon to pay Delfin Lim actual and moral damages
plus attorney's fees.
Aberca v. Ver Facts: The concept of Respondeat Superior is not applicable in this
Task Force Makabansa (TFM) was ordered by General Fabian Ver to conduct pre-emptive strikes against case. It presupposes a superior and a subordinate. The liability
Communist- Terrorist underground houses. TFM raided several houses, employing in most cases in this case is not under this doctrine but instead is borne out of
defectively judicial search warrants, arrested people without warrant of arrest, denied visitation rights, and causality. Also, Art. 32 is clear; DIRECTLY AND INDIRECTLY.
interrogated them with the use of threats and tortures. A motion to dismiss was filed by defendants, stating
that 1) plaintiffs may not cause a judicial inquiry about their detention because the writ of habeas corpus
was suspended; 2) defendants are immune from liability for acts done in their official duties; 3) there was
no cause of action. On Nov 8, 1983, Judge Fortun granted the motion to dismiss, which prompted plaintiffs
to file a MR on Nov 18, 1983. He later inhibited himself and was replaced Judge Lising, who denied the MR
for being filed out of time. Another MR was filed, and was only modified to include Maj. Aguinaldo and
MSgt. Balaba for officers accountable in the said complaint.
Held:
Article 32 of the Civil Code provides a sanction to rights and freedom enshrined in the constitution. These
rights cannot be violated just because of an order given by a superior. The rule of law must prevail, or else
liberty will perish. Even though they just followed the orders of their superior, these do not authorize them
to disregard the rights of the petitioners, and therefore cannot be considered “acts done in their official
duties”. Article 32 speaks of any public officer or private individual, and violation of these constitutional
rights does not exempt them from responsibility.
The suspension of the writ of habeas corpus does not prevent petitioners from claiming damages for the
illegal arrest and detention in violation of their constitutional rights by seeking judicial authority. What the
writ suspends is merely the right of an individual to seek release from detention as a speedy means of
obtaining liberty. It cannot suspend their rights and cause of action for injuries suffered due to violation of
their rights.
Article 32 speaks of the liabilities of people who are in direct violation of the rights stated, as well as people
who are indirectly responsible for such acts. In the case at hand, the superior officers are the ones who
gave the order, and can be considered indirectly responsible. It was also stated in the complaint who were
the ones who directly and indirectly participated in those acts. By filing a motion to dismiss, they admitted
all the facts stated in the complaint.
Held:
While undoubtedly, the members of the PC raiding team should have been included in the complaint for
violation of the private respondents' constitutional rights, still, the omission will not exculpate petitioners.
Despite the sufficiency of time, they did not apply for a warrant and seized the goods of private
respondents. In doing so, they took the risk of a suit for damages in case the seizure would be proved to
violate the right of private respondents against unreasonable search and seizure. In the case at bench, the
search and seizure were clearly illegal. There was no probable cause for the seizure.
The raid was conducted with the active participation of their employee. Larry de Guzman did not lift a finger
to stop the seizure of the boy and girl scouts items. By standing by and apparently assenting thereto, he
was liable to the same extent as the officers themselves.
The respondent court correctly granted damages to private respondents. Petitioners were indirectly
involved in transgressing the right of private respondents against unreasonable search and seizure:
● FIRST, They instigated the raid pursuant to their covenant in the Memorandum Agreement to
undertake the prosecution in court of all illegal sources of scouting supplies.
● SECOND, Under Letter of Instruction No. 1299, petitioners miserably failed to report the unlawful
peddling of scouting goods to the Boy Scouts of the Philippines for the proper application of a
warrant.
● THIRD, If petitioners did not have a hand in the raid, they should have filed a third-party
complaint against the raiding team for contribution or any other relief, in respect of respondents'
claim for Recovery of Sum of Money with Damages. Again, they did not.
3 UN Treaty Bodies
Held:
Mandamus does not lie because it is not a purely ministerial duty. Wilson also has no clear legal right
because any View only displays "important characteristics of a judicial decision" and are not per se
decisions which may be enforced outright. These Views, therefore, are mere recommendations to guide the
State it is issued against. The recommendations are matters which are best taken up by the Legislative and
the Executive branches of government as can be seen by the formation of the Presidential Human Rights
Committee.
Citizenship
Art. 4, Sec. 1. The following are citizens of the Philippines:
(1) Those who are citizens of the Philippines at the time of the adoption of this Constitution;
(2) Those whose fathers or mothers are citizens of the Philippines;
(3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and
(4) Those who are naturalized in accordance with law.
Art. 4, Sec. 2. Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine
citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens.
Art. 4, Sec. 3. Philippine citizenship may be lost or reacquired in the manner provided by law.
Art. 4, Sec. 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission they are deemed, under the law, to have renounced it.
Art. 4, Sec. 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.
Citizens on May 14, 1935 - the date of the adoption of the 1935 Constitution
1. Persons born in the Philippine Islands who resided therein on April 11, 1899 and were Spanish subjects on that date, unless they had lost their Philippine citizenship on or before May 14,
1935.
2. Natives of the Spanish Peninsula who resided in the Philippines on April 11, 1899, and who did not declare their intention of preserving their Spanish nationality between that date and
October 11, 1900, unless they had lost their Philippine citizenship on or before May 14, 1935.
3. Naturalized citizens of Spain who resided in the Philippines on April 11, 1899, and did not declare their intention to preserve their Spanish nationality within the prescribed period (up to
October 11, 1900).
4. Children born of (1), (2) and (3) subsequent to April 11, 1899, unless they lost their Philippine citizenship on or before May 14, 1935.
5. Persons who became naturalized citizens of the Philippines in accordance of naturalization law since its enactment on March 26, 1920.
Art. 4, Sec. 1(3), 1987 Constitution is also applicable to those who are born to Filipino mothers and elected Philippine citizenship before February 2, 1987. This is to correct the anomalous situation
where one born of a Filipino father and an alien mother was automatically granted the status of a natural-born citizen, while one born of a Filipino mother and an alien father would still have to elect
Dual Citizenship
Allows a person who acquires foreign citizenship to simultaneously enjoy the rights he previously held as a Filipino citizen.
Dual Allegiance
1. Aliens who are naturalized as Filipinos but remain loyal to their country of origin
2. Public officers who, while serving the government, seek citizenship in another country
“Dual citizens” are disqualified from running for any elective local position. (LOCAL GOVERNMENT CODE, sec. 40[d]); this should be read as referring to “dual allegiance” (see
below)
Once a candidate files his candidacy, he is deemed to have renounced his foreign citizenship in case of dual citizenship. [Mercado v. Manzano (1999)]
Clearly, in including sec. 5 in Article IV on citizenship, the concern of the Constitutional Commission was not with dual citizens per se but with naturalized citizens who maintain their allegiance to their
countries of origin even after their naturalization. Hence, the phrase “dual citizenship” in R.A. No. 7160, sec. 40(d) and in R.A. No. 7854, sec. 20 must be understood as referring to “dual allegiance.”
Consequently, persons with mere dual citizenship do not fall under this disqualification. For candidates with dual citizenship, it should suffice if, upon the filing of their certificates of candidacy, they elect
Philippine citizenship to terminate their status as persons with dual citizenship considering that their condition is the unavoidable consequence of conflicting laws of different states.
Expatriation
Expatriation is a constitutional right. No one can be compelled to remain a Filipino if he does not want to.
Tecson v. COMELEC Facts: - citizenship under the Jones Law was based on continued
Victorina X. Fornier filed a petition before the COMELEC to disqualify FPJ, claiming he is not a natural-born residence
Filipino citizen. - illegitimacy was not a relevant issue because FPJ was an
She alleged that FPJ’s mother, Bessie Kelley Poe, is an American and FPJ’s father, Allan Poe, is a acknowledged child
Spanish national because he is son of Lorenzo Pou, a Spanish subject. Even if Allan Poe was a Filipino - under American law, FPJ would not be American because he
citizen, FPJ is an illegitimate child since Poe had a previous marriage with Paulita Gomez. Even if he was was born here
not married to Gomes, Kelley and Poe married a year after FPJ was born, which still makes him - what saved him was the acknowledgement
illegitimate.
Held:
Lorenzo Poe, FPJ’s parental grandfather was born sometime in 1870, is presumed to have lived in
Pangasinan, his place of death, If so, he would have benefitted from the “en masse” Filipinization from the
Philippine Bill in 1902. This citizenship, if acquired, was passed on to Allan Poe, who also passed it to FPJ.
The 1935 constitution confers citizenship to all whose fathers are Filipinos, regardless of legitimacy.
FPJ’s father was Filipino and his mother was American. Even if FPJ was illegitimate, his father’s citizenship
is transferred to him.
In the absence of contrary evidence, it should be sound to conclude/presume that the place of residence of
Republic v. Lim Facts: - if parents were married, Lim would be stateless (something that
The respondent, Chule Y. Lim, is an illegitimate daughter of a Chinese father and a Filipina mother, who the court wanted to prevent)
never got married due to a prior subsisting marriage of her father. The respondent petitioned that there - would have only been a Filipino if she elected it.
were few mistakes as to her citizenship and identity, to wit: - court scrutinized the documents to find out → mother did not
1. That her surname “Yu” was misspelled as “Yo”. She has been using “Yu” in all of her school lose citizenship because there was no valid marriage → Lim was
records and in her marriage certificate. an illegitimate child so she followed her mother’s citizenship →
2. That her father’s name in her birth record was written as “Yo Diu To (Co Tian)” when it should even if on the assumption that they were validly married, Lim
have been “Yu Dio To (Co Tian).” would be a Filipino because of constructive election of
3. That her nationality was entered as Chinese when it should have been Filipino considering that citizenship as she registered as a voter (when you register you
her father and mother got married. register under oath)
4. That she was entered as a legitimate child on her birth certificate when in fact, it should have
been illegitimate. Both the trial court and Court of Appeals granted the respondent’s petition.
Held:
The Republic avers that respondent did not comply with the constitutional requirement of electing Filipino
citizenship when she reached the age of majority as mandated in Article IV, Section 1(3) of the 1935
Constitution and Section 1 of the Commonwealth Act No. 625. The Supreme Court held that the two above
provisions only apply to legitimate children. These do not apply in the case of the respondent who was an
illegitimate child considering that her parents never got married. By being an illegitimate child of a Filipino
mother, respondent automatically became a Filipino upon birth, and as such, there was no more need for
her to validly elect Filipino citizenship upon reaching the age of majority. Also, she registered as a voter
inside the country when she reached 18 years old. The exercise of the right of suffrage and the
participation in election exercises constitute a positive act of election of Philippine citizenship.
The Republic’s submission was misleading. The Court of Appeals did not allow respondent to use her
father’s surname. What it did allow was the correction of her father’s misspelled surname which she has
been using ever since she can remember. The court held that prohibiting the respondent to use her father’s
surname would only sow confusion. Also, Sec. 1 of Commonwealth Act No. 142 which regulates the use of
aliases as well as the jurisprudence state that it is allowed for a person to use a name “by which he has
been known since childhood”. Even legitimate children cannot enjoin the illegitimate children of their father
from using his surname. While judicial authority is required for a chance of name or surname, there is no
such requirement for the continued use of a surname which a person has already been using since
childhood.
The doctrine that disallows such change of name as would give the false impression of family relationship
remains valid but only to the extent that the proposed change of name would in great probability cause
prejudice or future mischief to the family whose surname it is that is involved or to the community in
general. In this case, the Republic has not shown that the Yu family in China would probably be prejudiced
or be the object of future mischief.
Bengson v. HRET Respondent Cruz was a natural-born Filipino who lost his Filipino citizenship by reason of his enlistment - when he filed the CoC, it was under oath (constructive
with the US Marine Corps and subsequent naturalization. He reacquired his citizenship thru repatriation repatriation)
and was able to run for public office. Petitioner Bengson filed a quo warranto case claiming that R’s
repatriation meant that he was no longer a natural-born citizen. The Court held that if one acquires Filipino
citizenship by means other than naturalization, he or she is considered a natural-born citizen. Cruz’s
Filipino citizenship was only restored, meaning he reverted back to his previous state of citizenship (i.e.,
that of being natural born). In repatriation, the original nationality of a person is recovered.
Held:
Tambunting possesses dual citizenship. Because of the circumstances of his birth, it was no longer
necessary for Tambunting to undergo the naturalization process to acquire American citizenship. The
process involved in INS Form I-130 only served to confirm the American citizenship which Tambunting
acquired at birth. Clearly, Tambunting possessed dual citizenship prior to the filing of his certificate of
candidacy before the 2001 elections. The fact that Tambunting had dual citizenship did not disqualify him
from running for public office.
Dual citizenship is different from dual allegiance. The former arises when, as a result of the concurrent
application of the different laws of two or more states, a person is simultaneously considered a national by
the said states. For instance, such a situation may arise when a person whose parents are citizens of a
state which adheres to the principle of jus sanguinis is born in a state which follows the doctrine of jus soli.
Such a person, ipso facto and without any voluntary act on his part, is concurrently considered a citizen of
both states.
Suffice it to say, that the twin requirements in R.A. No. 9225 (Oath of Allegiance and an execution of
Renunciation of Foreign Citizenship) do not apply to Tambunting for the reason that he is natural-born
Held:
David is rightfully indicted for the falsely representing himself in his MLA. He made an untruthful statement
in his MLA that he was a Filipino citizen at the time he filed the document but he was in fact at that time a
Canadian Citizen. Even though he subsequently reacquired his Filipino citizenship under R.A. No. 9225,
that has no retroactive effect in as so far as his false misrepresentation.
Poe-Llamanzares v. In her COC for presidency, Poe declared that she is a natural-born citizen and that her residence in the Ph - pag qualification, jurisdiction is on HRET → qualification can
COMELEC up to the day before the election would be 10 years and 11 months. Petitions were filed to deny or cancel only be questioned if the candidate won
her candidacy on the ground that she cannot be considered a natural-born Filipino citizen since she cannot - COMELEC gravely abused discretion because it assumed
prove that her biological parents or either of them were Filipinos, as she was a foundling. The Court held jurisdiction and also applied the law incorrectly (in not saying that
that Poe is considerably a natural-born Filipino for three reasons. First, there is a high probability that her Poe is not a natural-born citizen because it put the burden on
parents are Filipinos. Her physical features are typical of Filipinos and she was abandoned as an infant in a her. The burden should be on the one alleging.
municipality where the population is overwhelmingly Filipino. Second, the Court pronounced that foundlings - foundling are persons whose parentage are unknown
are, as a class, natural-born Filipinos. Third, that foundlings are automatically conferred with natural-born - two categories of persons under the 1935 Consti. Convention:
citizenship is supported by treaties and the general principles of international law. 1. Legitimate
2. Parentage is unknown
- only reason why foundlings were not included in the
enumeration was because there were so few of them that they’re
not worthy of a provision
David v. SET Facts: - burden of David to show that Grace Poe is not a natural-born
Arguments of petitioner: citizen by virtue of the previous decision in Poe v Comelec
Poe is not qualified to be a member of the Senate on account of her not being a natural-born citizen. - Bengson: when one is repatriated it reverts to the citizenship
1. Poe does not fall under any of the classes of natural-born citizens enumerated in Sec. 1, Art. IV, status of the person prior to his naturalization as a citizen of
1987 Constitution. To be a natural-born citizen, one’s parents must be Filipino citizens. Poe another country
cannot claim natural-born status as her parents are not known and cannot be presumed as - Poe’s repatriation would revert back to her being filipino citizen
Filipino citizens. (natural-born as per poe v Comelec)
2. The provisions of the 1930 Hague Convention on Certain Questions Relating to the Conflict of - in the case of frivaldo, he was required to naturalize because of
Nationality Laws and the 1961 UN Convention on the Reduction of Statelessness are not the law on dual nationality
applicable because the Philippines has yet to accede to both Conventions.
3. Poe’s adoption did not confer upon her the status of natural-born citizen. The effect of the
adoption is to confer unto her legitimate status.
Arguments of respondents:
Poe asserts that she is a natural-born citizen and is eligible to sit as a Senator
1. As early as the 1935 Constitution, it was always the intention of the framers to consider
foundlings found in the Philippines as Filipino citizens.
2. Poe invokes Art. 7 of the UNCRC and Art. 24 of the ICCPR. Both treaties are ratified by the
Philippines. These treaties create an obligation on the part of the Philippines to recognize a
foundling as its citizen from the time of the foundling’s birth. Although neither the ICCPR nor the
UNCRC was in force when she was born in 1968, each may apply retroactively to the date of her
birth. To rule otherwise would be to discriminate against foundlings born before the ratification of
these treaties.
3. Poe invokes Art. 15 of the UDHR which recognizes the right of everyone to a nationality.
4. Poe invokes Art. 14 of the 1930 Hague Convention on Conflict of Nationality Laws. The
presumption that a foundling is a citizen of the State in which she is found is a generally
accepted principle of international law.
5. Poe invokes Art. 2 of the UN Convention on Statelessness which expresses a rebuttable
presumption of descent from a citizen, consistent with jus sanguinis.
6. Finally, Poe argues that she validly reacquired her natural-born status pursuant to R.A. No. 9225.
Held:
Suffrage
Art. 5, Sec. 1. Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least eighteen years of age, and who shall have resided in the Philippines for at
least one year and in the place wherein they propose to vote for at least six months immediately preceding the election. No literacy, property, or other substantive requirement shall be imposed on the
exercise of suffrage.
Art. 5, Sec. 2. The Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a system for absentee voting by qualified Filipinos abroad.
The Congress shall also design a procedure for the disabled and the illiterates to vote without the assistance of other persons. Until then, they shall be allowed to vote under existing laws and such
rules as the Commission on Elections may promulgate to protect the secrecy of the ballot.
What is suffrage?
The right to vote in the election of officers chosen by the people and in determination of questions submitted to the people.
Kinds of election:
1. Regular - one provided by law for the election of officers either nation-wide or in certain subdivisions thereof, after the expiration of the full term of the former officers
2. Special - one held to fill a vacancy in office before the expiration of the full term for which the incumbent was elected.
3. Plebiscite - election at which any proposed amendment to, or revision of, the Constitution is submitted to the people for their ratification. It is also the means by which the voter in affected
areas consent or object to the change in the form of local government.
4. Referendum - submission of a law passed by the national or local legislative body to the registered voters at an election called for the purpose for their ratification or rejection.
Election Period
Unless otherwiaw fixed by the COMELEC in special cases, the election period shall commence 90 days before the day of the election and shall end 30 days thereafter.
Qualifications:
1. Citizenship - Filipino citizen by birth or naturalization. Any doubt regarding citizenship must be resolved in favor of the State.
2. Age - at least 18 at the time of the election
3. Residency - it is not necessary that a person should have a house in order to establish his residence or domicile in a municipality. It is enough that he should live there, provided that his stay
is accompanied by his intention to reside therein permanently.
4. Not otherwise disqualified by law
In order that a qualified elector may vote in any election, plebiscite or referendum, he must be registered in the Permanent List of Voters for the city or municipality in which he resides.
No literacy, property or other substantive requirement shall be imposed on the exercise of suffrage.
Registration is not a qualification. It is only a pre-requisite to make sure that those registered are actually qualified to vote.
Kabataan v. Facts: - why did the court say that the Comelec can be compelled to
COMELEC In the instant case, the petitioners, Kabataan Party-List, seeks to extend the voters registration for the May provide additional registration days?
10, 2010 national and local elections from October 31, 2009, as fixed by COMELEC Resolution No. 8514, - SC: clear violation of the right to suffrage because they weren’t
to January 9, 2010 which is the day before the 120-day prohibitive period starting on January 10, 2010. asking for an extension but Comelec issued a deadline that was
The petitioners anchor its ground on the provision of Section 8 of R.A. 8189 which reads: "The personal way before the start of the 90 or 120-day period
filing of application of registration of voters shall be conducted daily in the office of the Election Officer - pwede pa sana sila mag register pero di na pinayagan ng
during regular office hours. No registration shall, however, be conducted during the period starting one Comelec
hundred twenty (120) days before a regular election and ninety (90) days before a special election." - no need to prove a compelling state interest dahil na violate na
On the other hand, COMELEC maintains that the Constitution and the Omnibus Election Code confer upon right nila
Held:
The Court ruled in favor of the petitioners. It held that the right of every Filipino to choose its leaders and
participate to the fullest extent in every national or local election is so zealously guarded by Article V of the
1987 Constitution.
The Court explained that Section 8 of R.A. 8189 decrees that voters be allowed to register daily during
office hours, except during the period starting 120 days before a regular election and 90 days before a
special election. The Court is bound to respect the determination of Congress that the 120 day or 90 day
period, as the case may be, was enough to make the necessary preparations with respect to the coming
elections and COMELEC's rule making power should be exercised in accordance with the prevailing law.
R.A. 6646 and R.A. 8436 is not in conflict with the mandate of continuing voter's registration under R.A.
8189. R.A. 6646 and R.A. 8436 both grant COMELEC the power to fix other period for pre-election
activities only if the same cannot be reasonable held within the period provided by law. However, this grant
of power, is for the purpose of enabling the people to exercise the right of suffrage -- the common
underlying policy under R.A. 8189, R.A. 6646 and R.A. 8436.
In the case at bar, the Court did not find any ground to hold that continuing voter's registration cannot be
reasonably held within the period provided by R.A. 8189.
With regard to the Court's ruling in Akbayan-Youth v. COMELEC, The court explained that if the petitioners
had only filed their petition, and sought extension, before the 120 day prohibitive period, the prayer would
have been granted pursuant to the mandate of R.A. 8189.
As a result, the petition was granted and the COMELEC resolution fixing voters registration for the May 10,
2010 national and local elections on October 31, 2009 was declared null and void.
Held:
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.
Registration regulates the exercise of the right of suffrage. It is not a qualification for such right. The
process of registration is a procedural limitation on the right to vote. Although one is deemed to be a
“qualified elector,” he must nonetheless still comply with the registration procedure in order to vote.
Thus, unless it is shown that a registration requirement rises to the level of a literacy, property or other
substantive requirement as contemplated by the Framers of the Constitution, the same cannot be struck
down as unconstitutional, as in this case.
In applying strict scrutiny, the focus is on the presence of compelling, rather than substantial, governmental
Respondents have shown that the biometrics validation requirement under RA 10367 advances a
compelling state interest. It was precisely designed to facilitate the conduct of orderly, honest, and
credible elections by containing the perennial problem of having flying voters, as well as dead and
multiple registrants. The foregoing consideration is unquestionably a compelling state interest.
Biometrics validation is the least restrictive means for achieving the above-said interest
Section 6 of Resolution No. 9721 sets the procedure for biometrics validation, whereby the registered voter
is only required to: (a) personally appear before the Office of the Election Officer; (b) present a competent
evidence of identity; and (c) have his photo, signature, and fingerprints recorded.
Moreover, RA 10367 and Resolution No. 9721 did not mandate registered voters to submit themselves to
validation every time there is an election. In fact, it only required the voter to undergo the validation process
one (1) time, which shall remain effective in succeeding elections, provided that he remains an active voter.
Failure to validate did not preclude deactivated voters from exercising their right to vote in the succeeding
elections. To rectify such status, they could still apply for reactivation.
The 120-and 90-day periods refer to the prohibitive period beyond which voter registration may no longer
be conducted. The subject provision does not mandate COMELEC to conduct voter registration up to such
time; rather, it only provides a period which may not be reduced, but may be extended depending on the
administrative necessities and other exigencies.