Documente Academic
Documente Profesional
Documente Cultură
Outline
March-April, 2017
May 1, 2018
These are the police power, the power of eminent domain, and the power of
taxation. These are inherent to the State, co-terminus with the State. Once the State
comes into being, they become operative. Hence, there is no need of any grant of these
powers to the State.
As inherent powers, these are to be exercised by the legislature, i.e., the Congress,
in the case of the Philippines. However, these powers may be delegated by the Congress
to the President, to administrative agencies, to local governments. In the case of the
power of eminent domain, this may even be delegated to quasi-public corporations
(private corporations performing public functions or rendering some kind of public service,
like the MERALCO, the PLDT, etc.)
This is the most pervasive, the least limitable among the powers of the State as it
affects not only property and property rights, but even liberty and life, for the promotion
of the general welfare.
General Considerations
The rights enumerated in the Bill of Rights are the Civil and Political Rights. They
are limitations on the powers of the State, limitations on the powers of government.
Appeal is not a constitutional right; it is not found in the Bill of Rights. It is merely
statutory, such that if there is no law that grants one the right to appeal, he may not
appeal.
The SC answered this question in the affirmative in Ople v. Torres (GR No. 127685,
July 23, 1998, 293 SCRA 141 [Puno]). After all, the essence of privacy is the right to be
let alone. It is expressly provided in Section 3 (The Right to Privacy of communication
and Correspondence) of the Bill of Rights. Other facets of privacy right are found in other
sections of the Bill of Rights, i.e., Sections 1 (The Right to Due Process of Law and the
Right to the Equal Protection of the Law), 2 (The Right against Unreasonable Searches
and Seizures), 6 (The Right to Liberty of Abode, Liberty of Changing the Same Abode,
and the Right to Travel), 8 (Freedom of Association, which includes Freedom Not to
Associate) and 17 (The Right against Self-incrimination).
The first eleven (11) sections (Sections 1 – 11) of the Bill of Rights pertain to the
civil and political rights in general, while the remaining eleven (11) sections (Sections 12
– 22) focus on the rights of an accused.
For a proper understanding of the rights of an accused, correlation with the Rules
on Criminal Procedure (in the Rules of Court) is essential. After all, the rights of an
accused in the Bill of Rights are the substantive rights, while those in the Rules of Criminal
Procedure are the remedies to enforce the former.
There are four (4) provisions of the Bill of Rights governed by the exclusionary rule
on evidence such that any evidence obtained in violation of any of the four will not be
admissible for any purpose in any proceeding, it being incompetent evidence. These are:
Presumption
Comment:
- Procedural – refers to the method or manner by which the law is enforced, the
essence of which are the twin requirements of notice and hearing, or
opportunity to be heard.
- Substantive – requires that the law itself is fair, reasonable and just - not merely
the procedure by which the law is enforced.
The Void-for-Vagueness Doctrine and Due Process (See: Estrada v. Sandiganbayan (Third
Div.), GR No. 148560, Nov. 19, 2001, En Banc [Bellosillo])
Case to read:
Mosqueda, et al. v. Pilipino Banana Exporters and Growers Association, Inc., et al.,
GR No. 189185, Aug. 16, 2016, En Banc (Bersamin)
The equal protection clause does not guarantee absolute equality; what it merely
guarantees is equality among equals. As formulated, it means that persons or things
similarly situated as to rights conferred and obligations imposed should be treated
similarly; conversely, if they are not similarly situated, they are not to be treated similarly.
For this reason, not all classifications are invalid under the equal protection clause.
There may be a valid classification for as long the following requisites are present:
See: Mosqueda, et al. v. Pilipino Banana Exporters and Growers Association, Inc.,
et al., GR No. 189185, Aug. 16, 2016, En Banc (Bersamin)
General Rule: For a search or an arrest to be valid, there must be a search warrant or
warrant of arrest.
The search warrant or warrant of arrest may only be issued in connection with a
specific offense. A general warrant may not do because a general warrant partakes of
the nature of a “fishing expedition” for evidence by the State (Stonehill v. Diokno)
A search warrant has a limited duration (within ten days after issuance); a warrant
of arrest has no duration (the only requirement is that the warrant officer must make a
report thereon to the court after ten days).
The determination of probable cause for the purpose of issuing a search warrant
or warrant of arrest is a judicial function. For this reason, a judge is not bound by the
finding of probable cause by the prosecutor; he is mandated by the Constitution to
determine probable cause personally. He cannot abdicate the performance of such
function in favor of the prosecutor. (See: Abdula v. Guiani, 326 SCRA 1, Feb. 18, 2000,
3rd Div., [Gonzaga-Reyes])
- Search Incident to a Lawful Arrest (Section 13, Rule 126, Rules of Court) (See:
Nolasco v. Cruz-Pano)
- Plain View Search (People v. Doria, 301 SCRA 668, Jan. 22, 1999, En Banc
[Puno, J.])
- Customs Searches
- Administrative Searches
- Arrest of an Escapee
Case to read:
- Freedom of Speech
- Freedom of the Press (See: Chavez v. Gonzales, GR. No. 168338, Feb. 15,
2008, En Banc [Puno])
- Freedom of Assembly
The protection includes even “freedom for the thought we hate.” It is in this
context that the so-called “heckler’s veto” must be understood.
The “clear and present danger” test is the test to be employed to justify such
limitation to freedom of expression and other fundamental freedoms, like freedom of
religion. This test superseded the so-called “dangerous tendency rule” which had long
been rendered obsolete.
Another test to consider is the “balancing of interest” approach. This test is usually
employed by the Court if the competing interests involved in a case are equally desirable
to society, so that given a set of facts and circumstances, which of the two competing
interests should be upheld by the Court.
- See: Osmena v. COMELEC, 288 SCRA 447, March 31, 1998 {Mendoza, V.V.)
- BP Blg. 880 is merely a content-neutral regulation. (See: BAYAN V. Ermita,
169838, April 25, 2006, En Banc [Azcuna])
Borjal v. CA, 301 SCRA 1, Jan. 14, 1999, 2nd Div (Bellosillo)
Vasquez v. Court of Appeals, 314 SCRA 460, Sept. 15, 1999, En Banc
(Mendoza)
- Section 6, Article II. The separation of Church and State shall be inviolable.
- Freedom to Act on One’s Belief – may be subject to State regulation once the
belief is externalized and it will now affect public peace, public morals, public
safety and public welfare.
What are purely ecclesiastical affairs of the Church which may not be validly
interfered with by the State following this doctrine? (See: Pastor Dionisio V. Austria v.
NLRC)
Government must not use religious standards in its decisions and actions. (Ang
Ladlad LGBT Party v. COMELEC)
.
The Free Exercise Clause
Ebralinag v. The Division Superintendent of Schools of Cebu, 219 SCRA 256, 269-
273, March 1, 1993, En Banc (Grino-Aquino)
See: The Diocese of Bacolod et al. v. COMELEC, GR No. 205728, Jan. 21, 2015,
En Banc (Leonen) on the power of the COMELEC to limit expressions made by the citizens
– who are not candidates or political parties – during elections.
Section 6. The liberty of abode and of changing the same within the
limits prescribed by law shall not be impaired except upon lawful order of the
court. Neither shall the right to travel be impaired except in the interest of
national security, public safety, or public health, as may be provided by law.
The right to travel involves the right to travel within the country and the right to travel
outside the country.
- Does the right to travel (outside the country) include the right to return to one’s
country? (See: Marcos v. Manglapus, 177 SCRA 668 [1989])
- Recognized Exceptions to this Right (See: Chavez v. PCGG, 299 SCRA 744,
Dec. 9, 1998 [Panganiban])
- See: Jacinto v. Court of Appeals, 281 SCRA 657, Nov. 14, 1997, En Banc
(Panganiban)
Section 9. Private property shall not be taken for public use without just
compensation.
This provision is a limitation on the power of eminent domain of the State so that
if the State would like to take away private property and convert it to public use, the
State must pay just compensation and observe due process.
Section 10. No law impairing the obligation of contracts shall be passed.
Section 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.
Section 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.
(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.
This is a set of rights popularly referred to as the Miranda rights (derived from the
American case of Miranda v. Arizona). At this stage (custodial investigation), the person
is not yet an accused as there is yet no case filed against him. He is merely a suspect.
- The right to be informed that the suspect has the right to remain silent; that
any statement he may give may be used in evidence against him.
- He will have to be informed that he has the right to have an independent and
competent counsel preferably of his own choice.
- He will have to be informed that these rights may be waived by him but the
waiver must be in writing and in the presence of counsel.
RA No 7438 (An Act Defining Certain Rights of Person Arrested, Detained or Under
Custodial Investigation as well as the Duties of the Arresting, Detaining, and Investigating
Officers and Providing Penalties for Violations thereof)
This is a special penal law enacted pursuant to Section 12, par. 4, Article
III above cited.
The Two (2) Kinds of Involuntary or Coerced Confessions under Section 12,
and the Presumptions (See: People v. Obrero, 332 SCRA 190, May 17, 2000, 2 nd Div.
[V.M. Mendoza])
Section 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 allowed.
The right to bail flows from the presumption of innocence in favor of an accused
in a criminal proceeding.
The main purpose of bail is to ensure the presence of the accused during trial of
the criminal case, or that the accused will not abscond during the pendency of the case.
- Enrile v. Sandiganbayan (Third Division), G.R. No. 213847, Aug. 18, 2015
(Bersamin)
- Joselito V. Narciso v. Flor Marie Sta. Romana-Cruz, G.R. No. 134504, March 17,
2000, 3rd Div. (Panganiban)
A condition imposed by the judge that before an accused may be allowed to post
bail he must be arraigned first was declared unconstitutional because it will violate two
(2) important rights of an accused, i.e., the right not to be put on trial except upon a
valid complaint or information sufficient to charge him in court, and the right to bail;
itself. (Lavides v. CA, 324 SCRA 321, Feb. 1, 2000, 2nd Div. [Mendoza])
Section 14. (1) No person shall be held to answer for a criminal offense
without due process of law.
Trial in Absentia
Section 15. The privilege of the writ of habeas corpus shall not be
suspended except in cases of invasion or rebellion when the public safety
requires it.
Section 16. All persons shall have the right to a speedy disposition of
their cases before all judicial, quasi-judicial, or administrative bodies.
This right may be invoked not only in a criminal case, but even in administrative
proceedings that partake of a criminal nature
This may even be invoked during inquiries in aid of legislation in the Congress, and
even in impeachment proceedings.
It has been held that “a congressional committee’s right to inquire is ‘subject
to all relevant limitations placed by the Constitution on governmental action,’
including ‘the relevant limitations of the Bill of Rights.
Immunity Statutes
If an accused is given some kind of immunity by the State in exchange for his
testimony against his co-accused in a criminal case, he may no longer validly invoke his
right against self-incrimination. That is the very purpose of an immunity statute.
Our immunity statutes are of American origin. In the United States, there
are two types of statutory immunity granted to a witness. They are the
transactional immunity and the use-and-derivative-use immunity. Transactional
immunity is broader in the scope of its protection. By its grant, a witness can no
longer be prosecuted for any offense whatsoever arising out of the act or
transaction. In contrast, by the grant of use-and-derivative-use immunity, a
witness is only assured that his or her particular testimony and evidence derived
from it will not be used against him or her in a subsequent prosecution. (Mapa,
Jr. v. Sandiganbayan, 231 SCRA 783, 797-798, April 26, 1994, En Banc [Puno])
Exceptions
Section 19. (1) Excessive fines shall not be imposed, nor cruel,
degrading or inhuman punishment inflicted. Neither shall death penalty be
imposed, unless, for compelling reasons involving heinous crimes, the
Congress hereafter provides for it. Any death penalty already imposed shall
be reduced to reclusion perpetua.
Mere extinguishment of life alone does not constitute cruel, degrading, inhuman
punishment. To be such, it must involve prolonged agony and suffering; it refers more
to the nature of the punishment to be inflicted upon a convict, i.e., that which is shocking
to the conscience of mankind under contemporary standards. (See: Leo Echegaray v.
Court of Appeals)
The power to re-impose the death penalty for certain heinous crimes is vested in
the Congress; not in the President. After all, the power to define crimes and impose
penalties is legislative in nature.
The word “debt” in this provision refers to an obligation arising from contract.
1. Double jeopardy for the same offense (First sentence, Section 21 of the Bill of
Rights)
2. Double jeopardy for the same act (Second sentence of the same section)
Legal jeopardy attaches only: (a) upon a valid indictment; (b) before a competent
court; (c) after arraignment; (d) when a valid plea has been entered; and (e) the case
was dismissed or otherwise terminated without the express consent of the accused.
(Cuison v. CA, 289 SCRA 159, April 15, 1998 [Panganiban])