Professional Documents
Culture Documents
m
m
rmal declarati n r enumerati n the undamental rights secured and
guaranteed by the C nstituti n t individuals t pr tect them r m
arbitrary and desp tic exercise g vernmental p ers
estricti ns are directed against the state and d n t g vern relati ns
beteen private pers ns.
!"#$#
m
3 lice 3 er
Mm st essential, insistent and the least limitable p ers,
extending t all the great public needs
Mm 9nherent and plenary p er in the State, hich enables it t
pr hibit all hurtul t the c m rt, saety, and elare s ciety.
Mm est up n public necessity and the right state and public t
selpr tecti n.
Mm P dge in the legislature and may be delegated t the executive
Mm equisites valid exercise: laul subject and laul means
m
gminent D main
Mm ight the state t acquire private pr perty r public use up n
payment just c mpensati n
m
"axati n
Mm 3 er the state t raise revenues. Such must be r public
purp se, equitable and uni rm
m
m
m
m
m
m
6
m
&)*+*&
m eed r n tice and pp rtunity t be heard (n t actual hearing)
m uarantee pr cedural airness
m 3urp se pr cedural due pr cess: (a.) c ntribute t the accuracy and
thus minimize err r in deprivati n (b.) gives a sense
rati nal
participati n in a decisi n than can aect his destiny and thus enhances
his dignity as a thinking pers n.
m ai lati ns may be cured by m ti n r rec nsiderati n
a. equirements )* ,& %# -*)%&%+ &)%#( (Banc il v.
3alanca)CO
1.m urt r tribunal ith judicial p er t hear and determine
cases.
2.m -urisdicti n must be laully acquired
ver the pers n
r
pr perty
3.m pp rtunity t be heard
4.m -udgment rendered up n a laul hearing
3r perty al ne is resp nsible r claim in pr ceedings, but the
individual is still named as deendant (unlike
tice t the deendant in this case is O" abs lutely essential.
3resumpti n regularity. "hat up n n tice t the pr perty, there is n tice
t the individual.
3ublicati n is already deemed suicient r pr cedural due pr cess.
3
ere exp sure t publicity d es n t aect impartiality in this case.
3ers n alleging must have direct pr inluence, n t just mere p ssibility.
"he public cann t be excluded, especially hen the issue is public interest.
b. equirements )* ,& %# # )$%#% %" &)%#(
* %.-*)%&%+&)%#( (Ang "ibay v. C9)HCSSB9
1.m ight t %#( including right t present case and submit
evidence
2.m "ribunal must &# %)evidence presented
*,, itsel
3.m Decisi n must have s mething t
4.m gvidence must be */ #%+
5.m Decisi n must be / ) # "%)#& presented r at least
c ntained in the rec rd
6.m "ribunal r b dy must act n its n i#),#)# c nsiderati n
7.m B ard r b dy must render its decisi n in a manner here
1A 2010
1.m tice and Hearing (imp rtant r quasi judicial b dies because
ith ut it the c urts uld lack jurisdicti n)
2.m ate must be reas nable and just (may be implied)
3.m ate must n t be c niscat ry and ppressive.
e. Academic Cases
,&)*+1*%$# !&)$%&& (AD v. Capul ng)
9A9AC
1. #!$) in riting the nature the accusati n
2. ight t # charges, pti nally ith c unsel
3. ight accused t be %#!$) evidence against them
4. ight t ))*& n evidence
5. gvidence must be &# %)).
% $%
1.m
2.m
3.m
this, they may expel
(*+%# ! ! %# a pr essi nal license bec mes a pr perty right
ater its issuance. (C r na v. H3A3)
cann t be taken aay ith ut due pr cess, n tice r hearing.
+%#%"
&aHC
ust be r a "+%) reas n
ust be given the pp rtunity t be ), due pr cess
Any evidence derived r m &#! %#/ c unsel is inadmissible.
ight t c unsel is a right even in civil and administrative
pr ceedings. "he Pab r C de expressly grants the right t c unsel.
(Sala v. PC)
*
When a statute lacks a c mprehensible standard, it vi lates due pr cess r
ailure t acc rd pers ns, especially pers ns targeted by it, air n tice
c nduct t av id, and it leaves la en rcers ith unbridled discreti n 9
carrying ut pr visi ns.
"he lack c mprehensible standards means the statute is vague and
am unts t a lack due pr cess because lack A9 O"9Cg and there is
D g DgPgA"9O.
Overbreadth: vernment purp se must n t be achieved ith means hich
are unnecessarily br ad and invasive pr tected reed ms.
1A 2010
m
#)) !+%&
1.m Paul 3urp se r the general elare the c mmunity.
2.m Paul eth d reas nable, n n ppressive and n narbitrary
means and meth ds empl yed in c nnecti n t
the
acc mplishment the purp se.
3 lice p er cann t interere ith private pr perty r purely aesthetic
purp ses. But here the act is reas nably ithin a pr per c nsiderati n
and care r the public health, saety r c m rt, it sh uld n t be
disturbed by the c urts. (Churchill v. aerty)
"he State may n t under the guise 3 lice 3 er, permanently divest
ners the beneicial use their pr perty and practically c niscate
them s lely t preserve r assure the aesthetic appearance the
c mmunity. (3e ple v. ajard )
An rdinance may be c nsidered invalid i: P3PS
1.m 9t
+%$% the may rs discreti n
2.m 9t #,*, t be attained by requiring a permit
3.m enumerates n c nditi n r its grant r reusal
4.m &2 #)) , c nerring up n the may r arbitrary and
unrestricted p er.
3*#%&%,++%&# ! c uld be classiied int : OO
(1) "h se imp sed r (*+%#(&&*,%#
r regular enterprises,
(2) "he regulati n r restricti n ##.* !*+&&*,%#
r enterprises,
(3) r "#* purp ses nly.
Ordinance is a valid exercise p lice p er t minimize certain practices
hurtul t public m rals. "he alarming increase in the rate pr stituti n,
adultery and rnicati n in anila traceable in great part t the existence
m tels. "axati n may be made t implement a p lice p er and the am unt,
bject, and instance taxati n is dependent up n the l cal legislative b dy.
P
0 p lice p er t regulate behavi r. C ngress can legislate
m rality thr ugh sin taxes. (grmitaalate v. City ay r anila)
"he extincti n rtgage and ther liens ned by legitimate credit rs
A9 c nstitutes a taking ith ut due pr cess. "he m rtgages and l ans are
purely private and have n t sh n t be aected ith private interest;
there re, there as n cause t deprive the private individuals vested
pr perty rights. Outright c niscati n
3r perty ith ut O"9Cg and
HgA9 is invalid. 9 there is a 2%#(, there must be ust C mpensati n.
(DC v. 3hil aeterans Bank)
1A 2010
(*#
a statute r act is vague hen it lacks c mprehensible
standards that men c mm n intelligence must necessarily guess at its
meaning and dier as t its applicati n. 9t vi lates due pr cess r ailure t
acc rd t pers n air n tice the c nduct t av id and it leaves la en rcers
unbridled discreti n in carrying ut its pr visi ns and bec mes an arbitrary
lexing g vernment muscles.
%).!."(*# )&%# a statute hich either rbids r requires
the d ing an act in terms s vague that men c mm n intelligence must
necessarily guess its meaning and dier as t its applicati n
"/) )&%# a g vernmental purp se may n t be achieved by
means hich seep unnecessarily br adly and thereby invade the area
pr tected reed m
!"+%))%##&C 3"
(a) d es n t &#"# the c nstituti n r statute
(b) must *#!% r ppressive
(c) must ,%+#))% &%$%#'
(d) must pr hibit but may regulate )
(e) must be (#+ and c nsistent ith public p licy
() must *# #/+
An rdinance must n t c ntravene the C nstituti n r any Statute (agtajas
v. 3ryce)
Due pr cess d es n t alays entail judicial pr ceedings, especially hen it
c mes t taxati n.
3 lice 3 er, in the interest eneral Welare and 3ublic Health, AY
impair c ntracts. (Beltran v. Sec. Health)
$# . are like ther c ntracts, subject t the verriding demands,
needs and interests the greater number as the State may determine in the
exercise its p lice p er. ( BHA9 v. City ay r 3aranaque)
1A 2010
0m
3 lice p er, need n t pr ve exact scientiic c nclusiveness r research, as
l ng as the exercise hich remains reas nable and n t unduly ppressive.
(iras l v. D3WH)
&*%' ! #*. While the right rkers t security tenure is
guaranteed by the C nstituti n, its exercise may be reas nably regulated
pursuant t the p lice p er the State t saeguard health, m rals, peace,
educati n, rder, saety, and the general elare the pe ple.
1*+&%#!
m uarantees legal equality all be re the la
m gqual pr tecti n clause can als be vi lated n t by denial equality but
by creating a system that can ster inequality (3e ple v. aera)
m "he guaranty gqual 3r tecti n is n t vi lated by a legislati n based n
reas nable classiicati n.
r
m
d in l cal
1A 2010
#&% .a ranchise is n t in the strict sense a simple c ntract but rather
it is m re imp rtantly, a mere privilege especially in matters hich are ithin
the g vernment's p er t regulate and even pr hibit thr ugh the exercise
the p lice p er. "hus, a gambling ranchise is alays subject t the exercise
p lice p er r the public elare. (Pim v. 3acquing)
"here is substantial distincti n beteen landbased and seabased ilipin
verseas rkers in terms , am ng ther things, rk envir nment, saety,
dangers and risks t lie and limb, and accessibility t s cial, civic, and
spiritual activities. (C nerence aritime anning Agencies v. 3OgA)
9t is gr ssly unair t exempt ne similarly situated litigant r m pr secuti n
ith ut all ing the same exempti n t the thers. "he equal pr tecti n
guarantee perates against uneven applicati n legal n rms s that all
pers ns under similar circumstances uld be acc rded the same treatment.
(egala v. Sandiganbayan)
"he per rmance legitimate and even essential duties by public icers
has never been an excuse t ree a pers n validly in pris n. uncti ns and
duties the ice are n t substantial distincti ns hich lit the accused r m
the class pris ners interrupted in their reed m and restricted in liberty
m vement. (3e ple v. al sj s)
"here are substantial dierences beteen big invest rs h are lured t
establish their industries in the secured areas c mpared t business
perat rs utside the area. "he irst can give ec n mic impact that is nati nal
in sc pe, the ther, merely l cal ("iu v. CA)
+&$$*#%&%# ."a and radi are m re pervasive and persuasive;
print media d es n t really reach the hardt reach places in the 3hilippines
hile access t "a and radi c ntent is practically simultane us ("gPgBA3 v.
COgPgC)
"he payment the civil liability is n t made a c nditi n t
pr bati n. 3etiti ners applicati n r pr bati n had already been granted.
Satisacti n his civil liability as n t made a requirement be re he c uld
avail pr bati n, but as a c nditi n r his c ntinued enj yment the
6
7
3
-
73
3
3
3
6
1A 2010
3
3
0&,%#9 search is reas nable
%"+%)
%*"+%) %*
#*
#
#
#8/'
,*,
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equirements:
1) 9ncidental t
#)%"%)*+9
1) Subp ena
1) 9ssued up n
laul arrest
duces tecum
pr bable cause
(Sec 12, ule
1) SO3 (3e ple
2) Administrative
2) 3ers nally
126 ules
vs. arti)
9nspecti n
examined by the
C urt)
2) Security Check
judge
2) 3lain vie
(3e ple vs
3) ving vehicle B ngcaraan)
3) gxamined
4) C nsented
under ath and
arrantless
airmati n
search
4) 3articularly
5) Cust ms
describing the
searches
place t be
6) St p and risk
searched and the
7) gxigent and
pers ns r things
t be seized
gmergency
(Sec. 2 Art. 999,
circumstances
y v. B9)
8) suspici nless
5) arrant must
drug tests
n t be r m re
than ne ense
(evised OC)
)$!$
&#)
*,
(a) " pr tect the privacy and sanctity his pers n, pr perty and h use
(b) " guarantee against unlaul arrest and ther rms restraint.
Secti n 2 is pr tecti n against unlaul searches by
and d es n t pr tect citizens r m unlaul searches and seizures by
1A 2010
3rescripti n: 10 days
"he applicant must sh
1.)m 3r bable cause that an
ense has been c mmitted.
2.)m "hat the pers n t
be
arrested c mmitted it.
1A 2010
search may be per rmed any day ithin the 10day prescriptive peri d.
(ustang Pumber)
9t is nly the udge h may issue arrants search and arrest. ay rs may
n t exercise this p er, n r may it be d ne by a mere pr secuting b dy. "he
ne excepti n t this rule is the dep rtati n illegal and undesirable aliens,
hich arrest may be issued r rdered by the 3resident r the C mmissi n
9mmigrati n. (Salazar v. Achac s )
C mmissi ner 9mmigrati n cann t issue arrants arrest in aid merely
his investigat ry p er. H ever, he may rder the arrest an alien in rder
t carry ut a dep rtati n rder that has already bec me inal. (B ard
C mmissi ners v. Dela sa)
An issuing magistrate must meet 2 requirements: he must be neutral and
detached and must be capable determining hether pr bable cause exists.
1*% % !+%)#
A search arrant must c n rm strictly t the requirements the reg ing
c nstituti nal and statut ry pr visi ns. "hese requirements are:
(1) the arrant must be issued up n pr bable cause;
(2) the pr bable cause must be determined by the judge himsel and n t by
the applicant r any ther pers n;
(3) in the determinati n pr bable cause, the judge must examine, under
ath r airmati n, the c mplainant and such itnesses as the latter may
pr duce; and
(4) the arrant issued must particularly describe the place t be searched and
pers ns r things t be seized. ( y v. B9)
9//+* such reas ns, supp rted by acts and circumstances, as
ill arrant a cauti us man in the belie that his acti n and the means taken
in pr secuting it, are legally just and pr per. Dg"g9gD BY "Hg AC"S O
gACH CASg.
9t must be pr bable cause s mething speciic (St nehill vs. Dl kn )
9t must be deined 9n relati n t the acti n hich 9t justiies
ere c nclusi ns la d n t establish pr bable cause (C rr vs. Pising)
(Burg s vs. Chie Sta)
m
3r bable cause r an arrest acts and circumstances hich uld
lead a reas nably discreet and prudent man t believe that an
ense has been c mmitted by the pers n s ught t be arrested.
m
3r bable cause r a search acts and circumstances hich uld
lead a reas nably discreet and prudent man t believe that an
ense has been c mmitted and that the
bjects s ught in
m
1A 2010
6
m
C) and the "Cs in cases iled ith them ater appr priate preliminary
investigati ns c nducted by icers auth rized t d s
ther than judges
e"Cs, "Cs and C"Cs.
nder these c urts, it has been held that: "he judge is # 1*%)
, #++' 0$%# &$,+%## #) % %# ll ing
Seaestablished d ctrine and pr cedure, he shall
1.m 3ers nally evaluate the rep rt and the supp rting d cuments
submitted by the iscal regarding the existence pr bable cause
and, n the basis there , issue a arrant arrest; r
2.m 9 n the basis there he inds n pr bable cause, he may
a.m disregard the iscal's rep rt and require the submissi n
supp rting aidavits itnesses t aid him in arriving at a
c nclusi n as t the existence pr bable cause, O
b.m pers nally examine the applicant and itnesses t
determine pr bable cause. (S liven v. akasiar, berts v.
CA)
"he judge is n t required t pers nally examine the c mplainant and his
itnesses and n the basis there issue a arrant arrest. He may als rely
n the iscals rep rt r i n the basis there he inds n pr bable cause he
may disregard the iscals rep rt and require the submissi n supp rting
aidavits itnesses t aid him in arriving at a c nclusi n as t the existence
pr bable cause. (S liven v. akasiar) But it may n t be delegated t a clerk
(Bache v. uiz)
What is required is and n t
(S liven v. udge akasiar)
**Bernas rec mmends c mparing the d ctrine r m S liven ith the d ctrine
r m Bache and C . v. uiz
What the C nstituti n undersc res is the exclusive and pers nal resp nsibility
the issuing judge t satisy himsel the existence pr bable cause.
(S liven v. udge akasiar)
"he judge must examine the c mplainant and his itnesses under ath r
airmati n. "his has been interpreted as requiring a pers nal and n t merely
delegated examinati n by the judge r by the pr per icer, because the
purp se the examinati n is t c nvince the judge r icer himsel and n t
any ther individual. (Bache and C . v. uiz; Alvarez v. C urt)
A judge cann t rely
n the certiicati n r rec mmendati n a
pr secut r that pr bable cause exists r the purp se issuing a arrant. By
itsel, the 3r secut rs certiicati n pr bable cause is ineectual. "he judge
1A 2010
must l k at the rep rt, the aidavits, the transcripts sten graphic n tes (i
any) and all ther supp rting d cuments behind the 3r secut rs certiicati n.
(Pim v. elix)
"est Suiciency hether it had been dran in such a manner that perjury
c uld be charged i such is untrue.
gxaminati n c mplainant must be in the rm searching questi ns and
ansers in rder t determine the existence pr bable cause. (Silva v. "C
egr s)
"he reading the sten graphic n tes t resp ndent udge did n t c nstitute
suicient c mpliance ith the c nstituti nal mandate pers nal examinati n
r by that manner resp ndent udge did n t have the pp rtunity t
bserve
the demean r the c mplainant and his itness. "hese ere imp rtant in
arriving at a s und inerence n the questi n /n there as pr bable cause.
(Bache & C . 9nc v. uiz)
3ers nal gxaminati n gvidence:
"he presentati n the master tapes the c pyrighted ilms r m hich the
pirated ilms ere allegedly c pied, as necessary r the validity search
arrants against th se h have in their p ssessi n the pirated ilms. "his
linkage the c pyrighted ilms t the pirated ilms must be established t
satisy the requirements pr bable cause. ere allegati ns as t the
existence the c pyrighted ilms cann t serve as basis r the issuance a
search arrant. (20th Century x ilm v. CA)
90$%#)*#) #)!!%$%#
Searching Questi ns:
Warrant issued ill be declared i the judge d es n t ask SgACH9
Q gS"9OS, and merely asks curs ry questi ns that mirr r the applicati n
iled by the c mplainant r itness, such as:
Mm Questi ns that are simple yes r n questi ns pertaining t
basic matters like identity and things t be seized, already
c ntained in the applicati n r search arrant iled.
Mm Questi ns that are r utinary and very br ad. (Silva v. 3residing
udge "C egr s Occidental)
Oath an utard pledge, given by pers n taking it, that his attestati n r
pr mise is made under immediate sense resp nsibility t d. (Alvarez vs.
C9)
Airmati n a s lemn and rmal declarati n that an aidavit is true, this
being substituted r an ath in certain cases. Here, there is n inv cati n
d r a supreme being.
66
m
A search arrant must n t nly be based n pr bable cause but als must be
based n an applicati n supp rted by ath the applicant and the itnesses
he may pr duce. 9ts purp se is t c nvince the c mmitting magistrate the
existence pr bable cause.
"he ailure
the itness t
menti n particular individuals d es n t
necessarily pr ve that he had n pers nal kn ledge speciic illegal
transacti ns the Organizati n, r the itness might be acquainted ith
speciic transacti ns, even i the names the individuals c ncerned ere
unkn n t him. (Central Bank v. re)
"he examining judge has t take dep siti ns in riting the c mplainant and
the itnesses he may pr duce and t attach them t the rec rd. Such ritten
dep siti n is necessary in rder that the judge may be able t pr perly
determine the existence r n nexistence pr bable cause, and t h ld liable
r perjury the pers n giving it i it ill be und later that his declarati ns are
alse. (3e ple v. amaril)
-9%&*+%'! &%,%#
.A search arrant may be said t particularly describe the things t be seized
hen the descripti n therein is as speciic as the circumstances ill rdinarily
all and by hich the arrant icer may be guided in making the search
and seizure. (Bache & C . v. uiz)
Secti n 1, paragraphs 3, Article 999 the C nstituti n, and secti n 97
eneral Orders, . 58 pr vide that the !!%)"% t be presented, hich shall
serve as the basis r determining hether pr bable cause exist and hether
the arrant sh uld be issued, must c ntain a particular descripti n the
place t be searched and the pers n r thing t be seized. "hese pr visi ns
are mandat ry and must be strictly c mplied. (Alvarez v. C9) 9t must O" be
t
general. (St nehill v. Di kn )
"he purp se and intent this requirement is t limit the things t be seized
t
nly th se particularly described in the search arrant t leave the
icers the la ith n discreti n regarding hat articles they sh uld seize,
t the end that unreas nable searches and seizures, r abuses, may n t be
c mmitted. (C rr v. Pising)
3urp se r this requirement is t prevent abuse by the icer en rcing the
arrant by leaving him ith n discreti n as t h
r hat t search r
seize. (Bernas)
1A 2010
6
m
1A 2010
6
m
"he Bill ights rders the abs lute exclusi n illegally btained evidence.
Secti n 3 explicitly states that illegally
btained evidence shall be
inadmissible r any purp se in any pr ceeding. Articles seized based n an
invalid arrant may n t be intr duced as evidence in c urt. ( lasc v. 3a )
**"ake n te that this deense is purely pers nal.
9
&%#&%)#++!*+
1*%$#
1.m Search as c nducted because a valid arrest (i arrest arrant is
declared illegal r invalid, the ruit the p is n us tree d ctrine
excludes them r m being admitted int evidence)
2.m 9tem t be searched as ithin the arrestees cust dy r area
immediate c ntr l (the area ithin hich the pers n arrested c uld
reach r a eap n r evidence t destr y it).
3.m Search as c ntemp rane us ith arrest.
Arrest must precede that search; the pr cess cann t be reversed (alacat
vs. CA)
gxcepti n: A search substantially c ntemp rane us ith an arrest can precede
the arrest i the p lice have pr bable cause t make the arrest at the utset
the search (3e ple vs. "udtud citing 68 Am.ur 2d)
Accused as searched and arrested hile transp rting A crime as
actually being c mmitted and he as caught
. "hus, a
search made up n his pers nal eects as incidental t a laul arrantless
arrest. (3e ple v. almstedt)
** te: 3 sadas v. CA said that such an instance might n t all under search
incidental t laul arrantless arrest.
** At the time the peace icers identiied themselves and apprehended the
petiti ner as he tried t lee, they did n t kn that he had c mmitted, r as
actually c mmitting the ense illegal p ssessi n irearms and
ammuniti ns. "hey just suspected that he as hiding s mething in the buri
bag. "hey did n t kn hat its c ntents ere. "he said circumstances did
n t justiy an arrest ith ut a arrant. (3e ple v. 3 sadas,
! "
"#
Warrantless search the accused pers nal eects is valid because the
existence pr bable cause: the smell marijuana that emanated r m his
plastic bag, intelligence rep rts a Caucasian travelling n a bus smuggling
marijuana r m Sagada, and hen he as acting suspici usly and attempted
t lee hen asked t present his identiicati n papers during a r utine check
1A 2010
59
%=*!"%)#&%#,+%#"%
1*%$#
1) 3 based n the valid arrantless arrest in hich the
p lice are legally present in the pursuit their icial duty.
2) "he evidence as
by the p lice h have the right
t be there.
3) "he evidence must be
4) 3 $ evidence ith ut urther search (3e ple
vs. aaldez) (See an vs. nzales)
Aside r m a search incident t a laul arrest, a arrantless search had been
upheld in cases m ving vehicles and the seizure evidence in plain vie,
as ell as the search c nducted at p lice r military checkp ints hich e
declared are n t illegal per se, and stressed that
$
(Aniag v. C melec)
An 0# %" &%*# c uld nly be res rted t i the
icers c nducting the search had reas nable r pr bable cause t believe
be re the search that either the m t rist as a la ender r that they
uld ind the instrumentality r evidence pertaining t the c mmissi n a
crime in the vehicle t be searched. "he existence pr bable cause justiying
the arrantless search is determined by the acts each case.
$
"he acti n then the p licemen unreas nably
intruded int petiti ner's privacy and the security his pr perty. (Aniag v.
C melec)
9
&!$"%#("%&+
"he imp rtant thing is that there as pr bable cause t c nduct the
arrantless search. (Caballes vs. CA)
Or search is c nducted in excepti nal circumstances (i.e. checkp ints)
(aalm nte vs. de ailla)
6m
Searches and seizures ith ut arrant are valid i made up n pr bable cause,
that is, up n a belie reas nably arising ut circumstances kn n t the
seizing icer, that an aut m bile r ther vehicle c ntains that hich by la
is subject t seizure and destructi n. (Carr ll v. nited States)
When it is n t practicable t secure a arrant because the vehicle can quickly
m ve ut the l cality r jurisdicti n in hich the arrant must be s ught,
then a search arrant is n t necessary s l ng as the seizing icer auth rity
truly believed that there is pr bable cause. (3e ple v. C9 izal, 3e ple v.
P H Wing)
"he rules g verning search and seizure a m ving vehicle have steadily
liberalized n the basis practicality. "his is s c nsidering that be re a
arrant c uld be btained, the place, things and pers ns t be searched must
be described t the satisacti n the issuing judgea requirement hich
b rders n the imp ssible in the case smuggling eected by the use a
m ving vehicle that can transp rt c ntraband r m ne place t an ther ith
impunity. (3e ple v. P H Wing)
9t is quite true the ASAC received ne such in rmati n several days r a
eek be re the enc unter; but the act that its agents ailed t
btain a
arrant in spite the time all ance is n t a sign that they have been remiss
in their duty. Because they lacked the necessary in rmati n (such as the
exact time/place here the search sh uld be made), ASAC c uld n t have
p ssibly secured a valid arrant even i they had reseen its c mpelling
necessity. (3e ple v. C9 izal)
"he prevalent circumstances the case und ubtedly bear ut the act that
the search in questi n as made as regards a m ving vehicle petiti ner's
vehicle as "lagged d n" by the apprehending icers up n identiicati n.
"here re, the p lice auth rities ere justiied in searching the petiti ner's
aut m bile ith ut a arrant since the situati n demanded immediate acti n.
(Asunci n v. CA)
irst all, even th ugh the p lice auth rities already identiied the petiti ner
as an alleged shabu dealer and c nirmed the area here he allegedly as
plying his illegal trade, they ere uncertain as t the time he uld sh up
in the vicinity. Sec ndly, they ere uncertain as t the type vehicle
petiti ner uld be in, taking int acc unt rep rts that petiti ner used
dierent cars in g ing t and r m the area. inally, there as pr bable cause
as the same p lice icers had a previ us enc unter ith the petiti ner, h
as then able t evade arrest.
When the vehicle as p inted t them by their c nidential in rmant, ith the
1A 2010
in rmati n that the ccupant there as carrying shabu, the peratives had
t act quickly. Otherise, they uld again l se their subject h m they
reas nably believed t be c mmitting a crime at that instance. "here uld be
n m re time r them t secure a search
arrant (3e ple v. Asunci n,
)
1*%$# !&2,%#
(1) gxistence excepti nal circumstances
(2) c nducted n a ixed area
(3) inspecti n limited t visual search
(4) ccupants n t subjected t physical r b dy search (caballes vs. CA)
Checkp ints need n t be ann unced because it uld be impractical, and it
uld rearn th se h intend t vi late the ban. gven s , badges
legitimacy checkp ints may still be inerred r m their ixed l cati n and the
regularized manner in hich they are perated. (3e ple v. gsca )
-9 ,# %" ! %( there must be a right hich the pers n has
kn ledge and such had intenti nally relinquished
1*%$# !!!&%"%"!%(
(1) 9t must appear that the right exists
(2) "he pers n inv lved had kn ledge, actual r c nstructive the
existence such right.
(3) Said pers n had an actual intenti n t relinquish the right.
(4) 9t must be underst d t c ver nly hat is included ithin the terms
the language (aer y vs. Payague)
When a pers n gives his c nsent t be searched, he aives his right against
arrantless searches and seizures. (3e ple v. Pacerna)
"he apprehending icers even s ught the permissi n petiti ner t search
the car, t hich the latter agreed. As such, since the shabu as disc vered
by virtue a valid arrantless search and the petiti ner himsel reely gave
his c nsent t said search, the pr hibited drugs und as a result ere
admissible in evidence. (Asunci n v. CA)
mere manicurist, the SC held that "he icers the la cann t be blamed
i they act n appearances. "here as a pers n inside h r m indicati ns
as ready t accede t their request. gven rdinary c urtesy uld preclude
them r m inquiring t
cl sely as t hy she as there.
r9* $
& . ade by a cust ms icer r ne deputized by
cust ms. "he mere act that a pers n in p ssessi n an item, hich duties
assigned t it have O" been paid, justiies the arrantless search; the item
is c nsidered vernment 3r perty because imp rt duties have n t been paid
ith prejudice t the vernment.
9mp rted g ds remain under the jurisdicti n Bureau Cust ms as
9mp rtati n 9s n t terminated. ("ari and Cust ms C de). BOC acquires
exclusive jurisdicti n ver imp rted g ds, r the purp ses en rcement
cust ms las, r m the m ment the g ds are actually in its p ssessi n r
c ntr l. (3apa vs. ag )
"he right against arrantless searches is aut matically in acc rdance
ith cust ms rules and regulati ns, hich is strictly bserved in internati nal
practice. "he search in an airp rt is made pursuant t r utine airp rt security
pr cedure, all ed under Sec. 9 A 6235 states: any h lder an airline
ticket and his baggage are subject t search r, and seizure , pr hibited
materials r substances. 3assengers reusing the search shall n t be all ed
t b ard. Once searched, and und t have illegal materials n them, a
pers n is caught
, hich means he r she can be laully
arrested ith ut a arrant. (3e ple v. Cant n)
9
,#)
% 2*+
,*, !*+
(a) the general interest eective crime preventi n and detecti n and
(b) the pressing interest saety and selpreservati n hich permit the
icer t take steps t assure himsel that the pers n is n t armed that may
be used against him. (alacat v. CA)
"he right against arrantless searches and seizures is a purely pers nal right,
as such, n b dy else sh uld be able t aive the right r the accused.
r their n pr tecti n, the p lice may per rm a quick surace search the
pers ns uter cl thing r eap ns i they have reas nable suspici n that the
pers n st pped is armed. #/+ * ,%&%# must be based n speciic
6r
m
1A 2010
**"he petiti ner as acting suspici usly, and hen the 93 icers
appr ached him and identiied themselves, the accused tried t lee ith his
buri bag, there as ,//+&* that he as c ncealing s mething illegal
in the bag and it as the right and duty the p lice icers t inspect the
same. (3 sadas v. CA)
?9 0%(# #) $(#&' &%&*$ #& urgency and exigency the
m ment dispenses the need r arrants
@9A#A * ,%&%#+ )*(
Sec. 36 A 9165 and its implementing rules and regulati ns (9), as
c uched, c ntain pr visi ns speciically directed t ards preventing a situati n
that uld unduly embarrass the empl yees r place them under a humiliating
experience. While every icer and empl yee in a private establishment is
under the la deemed rearned that he r she may be a p ssible subject
a drug test, n b dy is really singled ut in advance r drug testing. "he
rand m drug testing shall be undertaken under c nditi ns calculated t
pr tect as much as p ssible the empl yee's privacy and dignity. "he intrusi n
int the empl yees' privacy, under A 9165, is acc mpanied by pr per
saeguards, particularly against embarrassing leakages test results, and is
relatively minimal.
**"he pr bablecause standard is peculiarly related t criminal investigati ns
and may be unsuited t determining the reas nableness administrative
searches here the vernment seeks t prevent the devel pment
hazard us c nditi ns. "he American C urt has held that a arrant and inding
pr bable cause are unnecessary in the public sch l c ntext because such
requirements uld unduly interere ith the maintenance the sit and
6
m
in rmal disciplinary pr cedures needed. (aer nia Sch Dist. a. Act n; B ard
gducati n v. garls: in justiying the reas nableness arrantless drug tests
in public sch ls)
$)'!#(!*+ %=*
Art 3, sec 2 pr tects n t nly th se h appear t be inn cent but als th se
h appear t be guilty but are nevertheless presumed inn cent until the
c ntrary is pr ved. (H3 arments v. CA)
9n the case at bar, the seizure as made ith ut any arrant. "he evidence
did n t justiy the arrantless search and seizure the resp ndents g ds.
"he petiti ners and the raiding party had en ugh time t apply r a judicial
arrant but they did n t d s , and thus t k thus t k the risk a suit r
damages. "here as n pr bable cause r the seizure. "he ant nness the
r ngul seizure justiies the aard exemplary damages. (H3 arments v.
CA)
& #)
%=* :!"#*#)!",*, ;
When an rder is issued in virtue the pr visi ns ule 21, it pertains t a
civil pr cedure hich cann t be identiied r c nused ith the unreas nable
searches pr hibited by the C nstituti n.
But in the err ne us hyp thesis that the pr ducti n and inspecti n b ks
and d cuments a c mpany rdered by the C urt is tantam unt t a search
arrant, the pr cedure utlined by ule 21 and ll ed by a judge place
them the realm the pr hibited unreas nable searches.
9 a party in a case has interest in the b ks and d cuments in questi n, then
it means that they are material and imp rtant t the issues the case, and
that justice ill be better served i all the acts pertinent t the c ntr versy
are placed be re the trial c urt. (aterial Distribut rs v. atividad)
?
"he right against unreas nable searches and seizure guards against abuse
nly by ay t
much indeiniteness r breadth in the things required t be
particularly described; i the inquiry is
ne the demanding agency
(C ngress/Admin. B dy) is auth rized by la t make and the materials
speciied are relevant, the gist the pr tecti n being the requirement that
the discl sure s ught shall n t be unreas nable.
"he requirement pr bable cause supp rted by ath r airmati n, literally
applicable in case a arrant, is satisied in case an Order r 3r ducti n
(Subp ena Duces "ecum) by the C urts determinati n that the investigati n
is auth rized by C ngress r a purp se it can rder, and that the d cuments
1A 2010
3
3
0&,%#9 arrest is reas nable
9
%#
equirements:
(1) 9ssued up n pr bable cause
(2) 3ers nally examined by the judge
(3) gxamined under ath and
airmati n
(4) 3articularly describing the place
t be searched and the pers ns r
things t be seized. (Secti n 2,
Article999)
(5) arrant must n t be r m re
than ne ense (evised ules
C urt)
iscal (judge pers nally
investigates)
unicipal trial c urt
unicipal circuit trial c urt
etr p litan circuit c urt (n nC)
With iscal, (judge l ks int
certiicati n and examines the
rec rds)
3r cess:
iscal makes a determinati n
pr bable cause (called "certiicati n")
6
m
9
%*#
ule 113, Sec 5 ules C urt:
(a) When in his presence, the pers n
t bearrested has c mmitted, 9s
actually c mmitting, r attemptingt
c mmit an ense (in lagrante
delict );
(b) When an ense has in act been
c mmitted and he has
acts 9ndicating that the
pers n t bearrested has c mmitted
it;
(c) When the pers n t be arrested is
a pris ner h hasescaped r m a
penal establishment r place here
he is:
Serving inal judgment
r
"emp rarily c nined hile case
ispending, r
gscaped hile being transerred
r m nec ninement t an ther.
1A 2010
6
m
preliminary investigati n
*%!% #* &%##)
*+
"he arrest as d ne hile accused as simply descending the gangplank
a ship, ith n
utard indicati n that called r his arrest. He is O"
c mmitting a crime, n r ab ut t d s , n r just c mmitted ne. "here re
this d esnt all under the excepti ns stated in ule 113 the ules C urt.
"he evidence is inadmissible because the search as O" an incident a
laul arrest because there as O arrant arrest and the arrantless
arrest didnt all under the excepti ns under ule 113 the ules C urt. 9
a peace icer has at least 2 days t pr cure a Search/Arrest arrant ith the
name, descripti n the pers n t be arrested r the place t be searched, he
cann t just make a arrantless arrest r search. (3e ple v. Amminudin)
"he accused as arrested n the s le basis in rmati n r m a verbal
rep rt, hich d es n t all under the excepti ns stated in ules 113. "here is
O such pers nal kn ledge in this case. "he verbal rep rt led the auth rities
t suspect that the accused had c mmitted a crime. "hey ere still ishing r
evidence a crime n t yet ascertained. "he subsequent rec very the
subject irearm n the basis in rmati n r m the lips a rightened ie
cann t make the arrest laul.
9 an arrest ith ut a arrant is unlaul at the time it as made, generally
n thing that happened r as disc vered aterards can make it laul. "he
ruit a p is n us tree is necessarily als tainted. "he C nstituti n itsel
mandates that any evidence btained in vi lati n the right is inadmissible in
evidence. C nsequently, testim nies the arresting icers as t the
admissi ns made by the appellant cann t be used against him. (3e ple v.
Burg s)
89
33
7
859
3
0&,%#
1. Paul rder the C urt
1A 2010
6
m
relati nship beteen the individual and the State. 9ts c ncern is n t the
relati n beteen individuals, beteen a private individual and ther private
individuals. What the Bill ights d es is declare s me rbidden z nes in the
private sphere inaccessible t any p er h lder. r. Bernas during the
C nstituti nal C mmissi n.
O"g: 9 the search is made up n the request la en rcers, a arrant
must irst generally be secured i it is t pass the test c nstituti nality.
H ever, i the search is made at the behest r the initiative the pr priet r
a private establishment r its
n private purp ses, ith ut the
interventi n p lice auth rities, the right against unreas nable search and
seizure cann t be inv ked, r nly the act the private individual and n t
the la en rcers are inv lved.
%(%"&'%#$ !
*%#!%#(%#(##)%"%)*+
"he right t privacy d es n t bar all incursi ns int individual privacy. "he
right merely requires that the la be narr ly cused and a c mpelling
interest justiies such intrusi ns. 9ntrusi ns int
the right must be
acc mpanied by pr per saeguards and elldeined standards t prevent
unc nstituti nal invasi ns. Any la r rder that invades individual privacy ill
be subjected by the udiciary t strict certainty.
equisites r a Pa t intrude up n privacy an 9ndividual:
1.m Pa is narr ly cused
2.m A c mpelling interest justiies intrusi n
3.m 3r per saeguards
4.m Welldeined standards
(Ople v. " rres and K v. gDA)
*#)
&5#)
++(+ %#!
%$ ."he C nstituti nal 9mmunity r m
unreas nable searches and seizures, being a pers nal ne, cann t be aived
by any ne except the pers n h se rights are invaded r ne h is
expressly auth rized t d s in his r her behal.
ec rds sh that the appellant as n t at the h use at the time his alleged
helper, all ed the auth rities t enter it. We ind n evidence that uld
establish the act that Puz rad s as indeed the appellants helper, r i she
as the helper, that the appellant had given her auth rity t
pen his h use in
his absence. (3e ple v. Damas )
"he case d es n t all ithin the excepti ns t arrantless search.
"he reas n r searching the h use herein petiti ners is that it as
1A 2010
rep rtedly being used as a hide ut and recruitment center r rebel s ldiers.
3ermissi n as indeed granted by a. Puisa aer y t enter the h use but nly
t ascertain the presence rebel s ldiers.
nder the circumstances it is undeniable that the p lice icers had ample
time t pr cure a search arrant but did n t. "he articles seized, having been
c niscated illegally, are pr tected by the exclusi nary principle and cann t be
used as evidence against the petiti ners in the criminal acti n against them
r illegal p ssessi n irearms. (Sps. aer y v. Payague)
-
3
7
3 3
% %#
m Oicial g vernmental restricti ns
n the press
r
ther rms
expressi n in advance actual publicati n r disseminati n like licensing
r cens rship.
Cens rship r pri r restraint is d ne by suppressing publicati n and
punishing as c ntempt urther publicati n. 9n determining the extent
c nstituti nal pr tecti n, it has been generally, 9 n t universally c nsidered
that it is the chie purp se the guaranty reed m press is t prevent
previ us restraints publicati n. (ear v. innes ta)
0$,+
1.m system licensing administered by an executive icer
2.m m vie cens rship vies are vehicle n t just r entertainment
but als r c mmunicati n
3.m judicial pri r restraint in the rm an injuncti n rder
"he pri r restraint principle is n t an unbending rule but admitted excepti ns
such as: WO9
1.m hen a nati n is at , publicati n hich may bstruct g vernment
recruitment
2.m publicati n / &#$%+
3.m materials %#&%%#( t acts vi lence t
verthr the g vernment
Als : sediti us speech, cens rship, elect ral pr cess
*$,%#!#"+%)%'.Any system pri r restraints expressi n
bears a heavy presumpti n against its c nstituti nal validity. "he vernment
thus carries the burden sh ing justiicati n r the en rcement such
restraint. (Y "imes v. S)
m
1A 2010
the g vernment t
imp se rules
6
m
1A 2010
interest
9 the g vernmental interest is *#+) t the suppressi n
ree expressi n
d.m And i the incident %&%# n alleged irst Amendment
reed ms is n greater than is essential t the urtherance
that interest.
c.m
ree speech. While said signs are subject t the municipality's p lice p er,
any regulati n may be challenged n the gr und that it restricts t
little
speech because its exempti ns discriminate n the basis Sign's message r
n the gr und that it pr hibits t
much pr tected speech.
"he rdinance cann t be justiied as time, place manner restricti n since
handbills and nespaper advertisements are inadequate substitutes r
imp rtant medium such as the p sters that ere pr hibited by Padue's
rdinance. (City Padue v. ille )
#,&)
,&
a pubic and malici us imputati n a crime, vice r deect, real
r imaginary r any act, missi n, c nditi n status r circumstance tending t
cause the dish n r, discredit r c ntempt a pers n r t blacken the
mem ry ne h is dead.
glements: A39
a. "he ++(%# a discreditable act r c nditi n c ncerning an ther
b. */+%&%# the charge making the deamat ry matter, ater it has
been ritten, kn n t s me ne ther than the pers n t h m it has
been ritten.
c. )#%' the pers n deamed
d. gxistence $+%& hen the auth r the imputati n is pr mpted
by illill r spite and speaks n t in resp nse t duty but merely t injure
reputati n.
3rivileged C mmunicati ns every deamat ry act is presumed malici us
except in the ll ing cases:
1.m %" C mmunicati n made by any pers n t an ther in the
per rmance a legal, s cial r m ral duty.
2.m air and true ,, made in g d aith, ith ut c mments,
remarks any juridical, legislative, r ther icial pr ceeding
r any statement, rep rt r speech delivered in
said pr ceedings. Or any ther & per rmed by public icers in the
exercise their uncti ns.
equisites: 3A
1.m "he , # h made the c mmunicati n has a legal, m ral r
s cial duty t make the c mmunicati n, r had an interest t pr tect.
2.m "he c mmunicati n is )) )t an icer r a b ard, r superi r
having an interest in the matter, h has the p er t urnish the
pr tecti ns s ught.
3.m Statements are made in ()!%and c mmunicated / malice.
*!%/+."he la against libel is pr tective reputati n acc rding t
c mmunity standards and n t acc rding t amily r pers nal standards
(Bulletin 3ublishing C rp. v. el)
1A 2010
r liability t arise ith ut ending the press reed m, the test t meet is
WO the statements ere made ith C&*+$+%&C ie. kn ledge that it
as alse r ith reckless disregard hether it as alse r n t (Y times v.
Sullivan).
*)#!"%#(3+%&.lies n the plainti (B rjal v. CA)
espaper may publish nes items relative t udicial, legislative r ther
icial pr ceedings, hich are n t c nidential nature, because the public is
entitled t kn the truth ith respect t such pr ceedings, hich, being
icial and n n c nidential, are pen t public c nsumpti n. But, t enj y
immunity, a publicati n c ntaining der gat ry in rmati n must be n t nly
true, but, als , air, and. 9t must be made in g d aith and ith ut any
c mments r remarks. Omissi ns in the nespaper rep rt, is libel by
negligence.
9 the publisher is unaare, hen under the acts the truth c uld have been
veriied, the publisher is guilty negligence and as liable r libel.
(3 licarpi v. anila "imes)
%/+!*/+%& !!%&%+ #)*/+%&
%(*
"he c nstituti nal guarantee pr hibits a public icial r m rec vering
damages r a deamat ry alseh d relating t his icial c nduct unless he
pr ves that the statement as made ith actual malice. (S"ADAD: Bars
media liability r deamati n a public icial absent pr that the
deamat ry statements ere published ith kn ledge their alsity r in
reckless disregard the truth) (Y "imes v. Sullivan)
"he pr tecti n given t all debate and c mmunicati n inv lving matters
public r general c ncern is extended ith ut regard t hether the pers ns
inv lved are am us r an nym us, but the c mmitment t r bust debate n
public issues cann t be displaced. ( senbl m v. etr media)
"he State's interest in pr tecting public igures r m em ti nal distress is n t
suicient t deny C nstituti nal pr tecti n t speech that c uld n t reas nably
have been interpreted as stating actual acts ab ut the public igure inv lved.
"he rule in "9gS case is extended t 39aA"gSgC"O 3 BP9C 9 gS (e.g.
nescaster, p litical analyst etc). (Hustler agazine v. alell)
0&,%#(#+*+,*/+%& !!%&%+ ,%/%)!$
&"%#($( *#+ %/,"#% &*+$+%&
reed m speech and expressi n is n t abs lute and that reed m needs
n ccasi n t be adjusted t and acc mm dated ith the requirements
equally imp rtant pubic interest. One the undamental pubic interests is the
maintenance the integrity and rderly uncti ning the administrati n
m
justice. reed m expressi n itsel can be secured nly ithin the c ntext
a uncti ning and rderly system dispensing justice. (9n re urad
C rrupti n in the udiciary)
A publicati n relating t judicial acti n in a pending case hich tends t
impede embarrass r bstruct the c urt and c nstitutes a clear and present
danger t the administrati n justice is n t pr tected by the guarantee
press reed m and is punishable as c ntempt.
" c nstitute &#$,, the publicati n must have been made under the
circumstance as uld be calculated t imperil the air and rderly uncti ning
the judicial pr cess, n t rem tely r pr bably, but immediately, and it must
c nstitute a clear and resent danger t the administrati n justice hich
danger must be 'seri us and substantial. (in re urad gnrile v. Salazar)
%/+!%"#)%"%)*+ A publisher deamat ry alseh ds ab ut an
individual h is neither a public icial n r a public igure may n t claim the
e Y rk "imes pr tecti n against liability r deamati n. edia deamati n
private pers ns henever an issue general r public interest is inv lved
uld be unair because private individuals characteristically have less
eective pp rtunities r rebuttal than public icials and public igures. e
Y rk "imes standard is inapplicable t private individuals. (ertz v. Welch)
%$ &%#,,+%)%#%+%,,%#-*% ,*)#&
.An allegati n is c nsidered deamat ry 9 it ascribes t a pers n the
c mmissi n a crime hich tends t dish n r r discredit r put him in
c ntempt, r hich tends t blacken the mem ry ne h is dead.
"he 1*% % !+%/+ are:
a.m the allegati n a discreditable act r c nditi n c ncerning
an ther;
b.m publicati n the charge
c.m identity the pers n deamed; and
d.m existence malice.
"he 3C pr vides that i the deamat ry statement is made against a public
icial ith respect t the discharge his icial duties and uncti ns and the
truth the allegati n is sh n, the accused ill be entitled t an acquittal.
(aasquez v. CA)
9t is essential in a libel suit that the victim be identiiable alth ugh it is n t
necessary that he be named. 9t is als n t suicient that the ended party
rec gnized himsel as the pers n attacked but it must be sh n that at least a
third pers n c uld identiy him as the bject the libel us publicati n. (B rjal
v. CA)
"he petiti ner's act distributing c pies an article r m "he 9nquirer
1A 2010
stating that grat charges ere iled against udge Sidr cann t be c nsidered
as malici us. (aicari v. CA)
"he c urt held that the statements emb died in the advertisement and the
penletter are pr tected by the c nstituti nal right reed m speech. "he
advertisement stating that a 3C C mmissi ner c mmitted illegal and
unauth rized acts hich c nstitute grat and c rrupti n as held by the c urt
t be a vehicle in rming the public and the st ckh lders the g ings n in
the business rld. (aland ni v. Dril n)
/ &#%' #) #)&#&' s mething ensive t chastity, decency r
delicacy.
9n %#(!/ &#%', the basic guidelines r the tier acts must be:
39SDPa
(1) Whether the average pers n, applying c ntemp rary c mmunity standards
uld ind that the rk, taken as a h le, appeals t the ,*%#%# ,
c mmunity standards standards a speciic c mmunity, hich d
n t really vary r m ther c mmunities.
(2) Whether the rk depicts r describes, in a patently ensive ay, sexual
c nduct ,&%!%&++')!%#) by the applicable state la, and
(3) Whether the rk, taken as a h le +&2 seri us literary, artistic,
p litical r scientiic "+*. (iller v. Cali rnia)
Obscene material is that hich deals ith sex in a manner appealing t
prurient interest. What is seen r perceived by an artist is entitled t respect,
unless there is a sh ing that the pr duct his talent rightully may be
c nsidered bscene. "his ruling h ever, is limited t m ti n pictures. A less
liberal appr ach is given r televisi n since every ne; including children have
easier access t televisi n. ( nzalez v. KalaKatigbak)
" bar the exercise the right, there must be a clear and present danger
that uld arrant State intererence that a danger must n t nly be (1)
clear, but als (2) present, t justiy state acti n. "here must be bjective and
c nvincing, n t subjective r c njectural, pr the existence such &+
#), #)#(, n t relying s lely n auth rity's n appraisal hat
the public elare, peace r saety may require. And the /*)# t sh the
existence grace and imminent danger, and bscenity that uld justiy
adverse acti n lies n the .
What may r r auth rities must d is t secure a arrant and c nvince the
c urt r judge ith jurisdicti n that the materials s ught t be seized are
" bscene," and p se a clear and present danger an evil substantive en ugh
1A 2010
speech in sch l because the nature the c mmunity that is inv lved and
the relati nship beteen sch l and parents. (Hazel d Sch l District v.
Kuhlmeier)
$/+'#)%%#
## *+ (*+%#. "he g vernment has a right t regulate the
time, manner and place assemblies t ensure the maintenance rder and
public saety.
"he may r p ssessed reas nable discreti n t determine r speciy the
streets public places t be used r the assembly in rder t secure
c nvenient use there by ther and pr vide adequate and pr per p licing t
minimize the risk dis rder and maintain public saety and rder. (avarr v.
aillegas)
"he primacy i human rights, reed m expressi n, peaceul assembly
and petiti n r redress grievances ver pr perty rights sh uld be
sustained. " regard the dem nstrati n against the p lice icers, n t against
the empl yer, as evidence bad aith, a vi lati n the CBA and a cause r
the dismissal r m empl yment the dem nstrating empl yees, stretches
unduly the c mpass the CBA, and is a p tent means inhibiting speech
and there re inlicts a m ral as ell as m rtal und n the c nstituti nal
guarantees reeexpressi n peaceul assembly and petiti n. (3hilippine
Bl ming ills v. 3B)
+#) ##( ,,+%).9n the absence a clear and
present danger a substantive evil t a legitimate public interest, there as
n justiicati n then t deny the exercise the c nstituti nal rights ree
speech and peaceable assembly. 9t is settled la that as t public places,
especially s as t parks and streets, there is reed m access, r is their
use dependent n h is the applicant r the permit, hether an individual r
a gr up. (eyes v. Bagatsing)
ules n Assembly and 3etiti n: 9AHD
1.m #!$ the licensing auth rity the date, the public place here
and the time hen it ill take place (private place nly c nsent
ner required)
2.m ,,+%&%# iled ahead time t enable public icial c ncerned t
appraise hether there may be valid bjecti ns
3.m (9ndispensable c nditi n t reusal r m diicati n that the C3D test
be the standard r the decisi n reached)
4.m 9 public auth rity believes that there is an imminent and grave
danger substantial evil, applicants must be ) n the matter.
5.m &% %# must be transmitted at the earliest pp rtunity.
r
m
9t bears stressing that suspensi n public services, h ever temp rary, ill
inevitably derail services t the public, hich is ne the reas ns hy the
right t strike is denied g vernment empl yees. (Ac sta v. CA)
!%#%%# ! */+%& $/+'. "he la reers t "rally, dem nstrati n,
march, parade, pr cessi n r any ther rm mass r c ncerted acti n held
in a public place." S it d es n t c ver any and all kinds gatherings. 9t
regulates the exercise the right t peaceul assembly and petiti n nly t
the extent needed t av id a clear and present danger the substantive evils
C ngress has the right t prevent. "here is, likeise, n pri r restraint, since
the c ntent the speech is n t relevant t the regulati n.
30%$*$+#&."he highest degree restraint that the military, p lice
and ther peacekeeping auth rities shall bserve during a public assembly r
in the dispersal the same.
Applicati n r a permit can nly be denied n the gr und clear and
present danger t public rder, public saety, public m rals r public health.
(Bayan v. grmita)
r
3
3
7
7
- 3
3
7
m #. /+% $#+*
either a state n r a ederal g vernment can set up a church, pass las
hich aid ne religi n r preer ne religi n ver an ther, n r can it penly r
secretly participate in the aairs any religi us rganizati ns. Creates a all
separati n beteen church and state
When is g vernment aid all able?
$# aid must have: Sgg
(a) &*+ legislative purp se,
(b) must have a primary !!& that neither advances n r inhibits
religi n,
1A 2010
&%+
&+ 3ar chial sch ls, in additi n t their sectarian uncti n,
per rm the task secular educati n. "he C urt cann t agree that all
teaching in a sectarian sch l is religi us, r that the intertining secular
and religi us training is such that secular textb ks urnished t students are,
in act, instrumental in teaching religi n.
m "he la merely makes available t all children the beneits a general
pr gram t lend sch lb ks ree charge, and the inancial beneit is t
parents and children, n t t sch ls. (B ard gducati n v. Allen)
"he entanglement in the 3ennsylvania als arises r m the restricti ns and
surveillance necessary t ensure that teachers play a strictly n nide l gical
r le and the state supervisi n n npublic sch l acc unting pr cedures
required t establish the c st secular as distinguished r m religi us
educati n. 9n additi n, the 3ennsylvania statute has the urther deect
pr viding c ntinuing inancial aid directly t the churchrelated sch ls.
nc nstituti nal due 0& %" ##(+$# /# ("4 D
+%(%#(Pem n v. Kurtzman)
"he part the pr visi n the Higher gducati n acilities Act 1963
pr viding r unlimited use the buildings ( r hatever purp se) ater 20
years as invalidated as am unting t a c ntributi n t a religi us b dy.
("ilt n v. ichards n)
! */+%&
*#) E
&%+%% "he issuance and sale the stamps
c mmem rating the 9nternati nal gucharistic C ngress is aalid.
"he
g vernment sh uld n t be precluded r m pursuing valid bjectives secular in
character even i the incidental result uld be av rable t a religi n r sect.
(Aglipay v. uiz)
"he den image as purchased in c nnecti n ith the celebrati n the
barri iesta h n ring the patr n saint, San aicente errer, and n t r the
purp se av ring any religi n n r interering ith religi us matters r the
religi us belies the barri residents. "he iesta is a s ci religi us aair.
t every g vernmental activity hich inv lves the expenditure public
unds and hich has s me religi us tint is vi lative the c nstituti nal
pr visi ns regarding separati n church and state, reed m rship and
banning the use public m ney r pr perty. (arcez v. gstenz )
"he &F&, hich sat n the main and m st beautiul part the c untry
c urth use, a seat g vernment, sends an unmistakable message that the
c untry supp rted and pr m ted the religi us message.
"he $# display did n t have the pr hibited eect end rsing
religi n, given its "particular physical setting". 9ts c mbined display ith a
Christmas tree and a sign saluting liberty did n t impermissibly end rse b th
the Christian and eish aiths, but simply rec gnized that b th Christmas and
Hanukkah are part the same interh liday seas n, hich has attained a
secular status in .S. s ciety. (C unty Allegheny v. ACP )
By acc rding parents reed m t select a sch l their ch ice, the statute
ensures that a g vernmentpaid interpreter ill be present in a sectarian
sch l nly as a result the private decisi n individual parents. "he sign
language interpreter ill neither add t n r subtract r m that envir nment,
hence the pr visi n such assistance is n t barred by the gstablishment
Clause. (Z brest v. Catalina)
eligi us expressi n cann t vi late the gstablishment Clause here it
(1) is purely ,%" and
(2) ccurs in a traditi nal r designated ,*/+%& !*$, publicly ann unced
and pen t all n equal terms.
"h se c nditi ns are satisied here, and there re
$' # /
,#)# C& !$,%+
1*(Capit l Square evie B ard v.
3inette)
What sh uld be signiicant is the principal bjective , n t the casual
c nsequence that might ll r m the exercise the p er. "he purp se in
setting up the marker is essentially t rec gnize the distinctive c ntributi n,
the late elix anal t the culture the 3hilippines, rather than t
c mmem rate his unding 9glesia ni Crist . (an sca v. CA)
"here is n c mpelling justiicati n r the g vernment t deprive uslim
rganizati ns, their religi us right t classiy a pr duct as halal, even n the
premise that the health uslim ilipin s can be eectively pr tected by
assigning t OA the exclusive p er t issue halal certiicati ns. (9slamic
Daah v. gxecutive Secretary)
"he amendments the c nstituti n, restatement articles religi n and
aband nment aith r abjurati n alleged by appellant, having t d ith
aith, practice, d ctrine, rm rship, ecclesiastical la, cust m and rule
a church and having reerence t the p er excluding r m the church
th se allegedly un rthy membership, are unquesti nably &&+ % %&+
$ hich are utside the pr vince the civil c urts. gxc mmunicati n
1A 2010
esp ndents assured petiti ners that they have never and ill never restrict
any pers n r pers ns r m entering and rshipping at said chapel. "hey
maintain, h ever, that the intenti n as n t really t per rm an act
religi us rship but t c nduct an antig vernment dem nstrati n at a place
cl se t the very residence and ices the 3resident. "he reas nableness
the restricti n entry is is designed t pr tect the lives the 3resident and
his amily, as ell as g vernment icials transacting business in alacanang.
(erman v. Baranganan)
1A 2010
1A 2010
m
and
she
urt,
the
3
3
3
1A 2010
in rmati n
ideas and
c nirm r
pr visi n in
h are,
ight may be regulated thr ugh standards that have been devel ped r
the regulati n speech and press and assembly and petiti n and
ass ciati n are applicable t the right access t in rmati n:
1.m Substantive regulati ns t kn hat is s ught is public c ncern
2.m Statut ry regulati ns la may exempt d cuments aecting public
interest
3.m 3r cedural regulati ns icers may regulate the manner by hich
the pers n may l k thr ugh the in rmati n
a.m "#$##& right attaches nce the c mmittee
makes its
, hich is a
) n the part the g vernment.
b.m % E &*#% 9n
n interg vernment
exchanges pri r t the c nclusi n treaties and executive
agreements ith regard t dipl matic neg tiati ns may be
m
1A 2010
"he COgPgC vi lated the right t in rmati n and ree access t d cuments
clause hen it reused t discl se the n minees the partylist gr ups.
While the v te cast in a partylist electi n is a v te r a party, such a v te, in
the end, uld be a v te r its n minees. 3e ple have the right t elect their
representatives n the basis an in rmed judgment.
"here is n thing that pr hibits the C melec r m discl sing r even
publishing the names the partylist n minees thr ugh mediums ther than
the certiied list (Bantay v. COgPgC)
##+ 3#*+ . "he requirement c nidentiality the c ntents the
manual c ntaining the details and pr cedure administering lethal injecti n
ith respect t the c nvict is unduly suppressive r the c ntents the same
is a matter public c ncern. (gchagaray v. Sec. ustice)
"#$# #& . vernment agencies, ith ut need demand
r m any ne, must bring int public vie all the steps and neg tiati ns
leading t the c nsummati n the transacti n and the c ntents the
perected c ntract. "he g vernment agency, h ever, need n t discl se
intraagency r interagency rec mmendati ns r c mmunicati ns during the
expl rat ry stage. (Chavez v. HA) similar t Chavez v. 3C
Once the c mmittee makes its
, there arises a
) n the part the g vernment. r m this m ment, the
publics right t in rmati n attaches, and any citizen can access all the n n
pr prietary in rmati n leading t such deinite pr p siti n.
A c nsummated c ntract is n t a requirement r the exercise the right t
in rmati n. Otherise, the pe ple can never exercise the right i n c ntract
is c nsummated, and i ne is c nsummated, it may be t
late r the public
t exp se its deects. equiring a c nsummated c ntract ill keep the public
in the dark until the c ntract bec mes a ait acc mpli.
"he c nstituti nal right t in rmati n includes icial in rmati n n "
be re a inal c ntract. "he in rmati n, h ever,
by the g vernment and sh uld n t c ver
.
(Chavez v. 3gA)
Zam ra, in his icial capacity as gxecutive Secretary, has a c nstituti nal
and statut ry duty t anser petiti ners letter dealing ith matters hich are
unquesti nably public c ncern that is, app intments made t public
ices and the utilizati n public pr perty. With regard t petiti ners
request r c pies the app intment papers certain icials, resp ndent
Zam ra is bliged t all the inspecti n and c pying the same subject t
6
m
the reas nable limitati ns required r the rderly c nduct icial business.
( nzalez v. arvasa)
&(#%=)+%$%%# #%(%#!$%#S"SCD
(a) %#+
&*%' matters including state secrets
n military,
dipl matic and
ther nati nal security and in rmati n
n inter
g vernment exchanges pri r t c nclusi n executive agreements r
treaties,
(b) ) & and banking transacti ns,
(c) %$%#+$
r classiied la en rcement matters,
(d) ther c nidential matters ()%,+$%& aairs)
equirements the %)#%+$$*#%&%# %"%+(QO3C
1.m "he c mmunicati n must relate t a '1*%# #%+ and n n
delegable p er the 3resident the p er t enter int an
executive agreement ith ther c untries.
2.m "he c mmunicati ns are "received" by a cl se advis r
the
3resident under the ,%#+,0%$%'
3.m "here is &
&$,++%#( #) that uld
justiy the limitati n the privilege and the unavailability the
in rmati n elsehere by an appr priate investigating auth rity.
"he right C ngress t
btain in rmati n in aid legislati n cann t be
equated ith the pe ple's right t public in rmati n. "he rmer cann t claim
that every legislative inquiry is an exercise the pe ples right t in rmati n.
%(#1*%' C ngress right t pass las necessarily implies the right t
btain in rmati n up n any matter hich may bec me the subject a la.
nder the present circumstances, the alleged an malies in the 3hilc msat,
3HC and 3O" ranging in milli ns pes s, and the c nspirat rial participati n
3C and its icials are c mpelling reas ns r the Senate t exact vital
in rmati n r m the direct rs and icers 3hilc msat H ldings C rp rati n,
as ell as r m Chairman Sabi and his C mmissi ners t aid it in crating the
necessary legislati n t prevent c rrupti n and rmulate remedial measures
and p licy determinati n regarding 3Cs eicacy. (Sabi v. rd n)
.*+)/, *$,** #,!* *$$%+'
&$,+ ,*/+%& ,#)# t c mply ith pertinent pr visi ns la
regarding pr curement g vernment inrastructure pr jects %* #'
!&*+ / %
r pri r determinati n very particular vi lati ns c mmitted
by speciic g vernment icials the executive branch. (Suplic v. gDA)
1A 2010
3 ?
3 333? 3 3 ?
3
"he pe ple's right t in rmati n n matters public c ncern under Sec. 7,
Article 999 the C nstituti n is in
ith the state p licy
ull public discl sure all its transacti ns inv lving public interest under Sec.
28, Article 99 the C nstituti n. "he right t in rmati n guarantees the right
the pe ple t demand in rmati n, hile Secti n 28 rec gnizes the duty
iciald m t give in rmati n even i n b dy demands. "he c mplete and
eective exercise the right t in rmati n necessitates that its
c mplementary pr visi n n public discl sure derive the same selexecut ry
nature, subject nly t reas nable saeguards r limitati ns as may be
pr vided by la.
*, epublic Act . 8371 r the 9ndigen us 3e ples ights Act 1997
pr vides r clearcut pr cedure r the rec gniti n and delineati n
ancestral d main, hich entails, am ng ther things, the bservance the
ree and pri r in rmed c nsent the 9ndigen us Cultural
C mmunities/9ndigen us 3e ples. +
,-
"he c ntents the OAAD is a matter param unt public c ncern inv lving
public interest in the highest rder. 9n declaring that the right t in rmati n
c ntemplates steps and neg tiati ns leading t the c nsummati n the
c ntract, jurisprudence inds n distincti n as t the execut ry nature r
c mmercial character the agreement.
An essential element these tin reed ms is t keep a c ntinuing dial gue
r pr cess c mmunicati n beteen the g vernment and the pe ple.
C r llary t these tin rights is the design r eedback mechanisms. "he right
t public c nsultati n as envisi ned t be a species these public rights.
At least three pertinent las animate these c nstituti nal imperatives and
m
1A 2010
Mm this C urt had already deinitively ruled that empl yees in the public
(civil) service, unlike th se in the private sect r, d n t have the right
t strike, alth ugh guaranteed the right t sel rganizati n, t petiti n
C ngress r the betterment empl yment terms and c nditi ns and
t
neg tiate ith appr priate g vernment agencies r the
impr vement such rking c nditi ns as are n t ixed by la
(anila 3ublic Sch l "eachers Ass c. v. Pagui r.)
m
m
ltimate right s vereign p er t appr priate, n t nly public, but als
private pr perty ithin the territ rial s vereignty, r public purp ses.
9nherently p ssessed by the State thr ugh the ati nal g vernment
(+(% +*) and may be delegated t :
a)m l cal g vernment units, pursuant t
an
rdinance
enacted by respective legislative b dies.
b)m 3ublic utilities, as may be delegated by la.
anagerial empl yees are n t all ed t j in, assist, r rm uni ns.
"he Pab r C de may pr hibit managerial empl yees r m
j ining/assisting/ rming any lab r rganizati ns:
Mm Sec. 8 says "he right the pe plet rm uni ns, ass ciati ns, r
s cieties r purp ses
shall n t be abridged
Mm Pab r c de is la, uni n participati n managerial empl yees is
c ntrary t Pa
i these managerial empl yees uld bel ng t
r be ailiated ith a ni n,
the latter might n t be assured their l yalty t the ni n in vie evident
c nlict interest. "he ni n can als bec me c mpanyd minated ith the
presence managerial empl yees in the ni n membership. ( 3SC v.
Paguesma)
Alth ugh the 9 3 1953 airmed the right supervis rs,
r
#.+%#3#( t rm their n rganizati ns.
"he right t j in ass ciati ns includes %( >%#
ne can be c mpelled t j in an ass ciati n ith ut his c nsent.
"he bylas r charters c rp rati n cann t bind r c mpel a pers n, n t
party t the creati n the charter/bylas, t bec me a member the
c rp rati n/ass ciati n because he has n t given his c nsent.
(Sta. Clara H me ners Ass ciati n v. ast n)
But a ))! +, hich pr vides that the buyer must aut matically j in an
ass ciati n, is binding because his participati n in the c ntract implies his
c nsent. He c uld have ch sen t n t purchase the pr perty.
nder the " rrens system registrati n, claims and liens hatever
character except th se menti ned by la existing against the land binds the
h lder the title and the h le rld.
3ADCO c uld have av ided
membership by n t buying the land. (3ADCO vs. Ortigas Center Ass ciati n)
m
1A 2010
9n the present case, the City andaluy ng seeks t exercise the p er
eminent d main ver petiti ners' pr perty by means a res luti n, in
c ntraventi n the irst requisite. Secti n 19 the C de requires an
rdinance, n t a res luti n, r the exercise the p er eminent d main.
"he C urt, in
3
& .
,
distinguished beteen an rdinance and a res luti n. A municipal rdinance
is dierent r m a res luti n. An rdinance is a la, but a res luti n is merely
a declarati n the sentiment r pini n a lamaking b dy n a speciic
matter. An rdinance p ssesses a general and permanent character, but a
res luti n is temp rary in nature. Additi nally, the t are enacted dierently
a third reading is necessary r an rdinance, but n t r a res luti n,
unless decided therise by a maj rity all the Sanggunian members.
(Heirs Albert Suguitan v. City andaluy ng)
m
1A 2010
r
m
pr perty
a e cases here there is a necessity t
c niscate private pr perty in rder t destr y it r the purp se pr tecting
peace and rder and t pr m te the general elare. By c niscating a part
a private cemetery t be given t paupers, the city is n t exercising p lice
p er but rather, the taking private pr perty, hich sh uld be
c mpensated. (arcia v. CA)
"he air is a public highay, as C ngress has declared. But this general
principle d es n t apply here. 9 the land ner is t have ull enj yment the
land, he must have exclusive c ntr l the immediate reaches the
envel ping atm sphere. "h ugh nly an $#!!+%(is inv lved, that
easement, i
, uld be a deinite
exercise c mplete d mini n and c ntr l ver the surace the land. "he
act that the planes never t uched the surace uld be irrelevant. "he
ner's right t p ssess and expl it the land that is t say, his beneicial
nership it uld be destr yed. 9t is the Oners P ss, O" the takers
gain, hich is imp rtant.
C mpensable taking d es n t need t inv lve all the pr perty 9nterests,
hich rm part the right t
nership. When ne r m re the pr perty
rights are appr priated and applied t a public purp se, there is taking even i
the bare title t the pr perty still remains ith the private ner. ( S v.
Causby)
3r perty rights essentially include the ull use the pr perty. An rdinance
hich permanently restricts the use pr perty, that it cann t be used r any
reas nable purp se, is rec gnized as a taking pr perty. 9 the municipality
ants t assure that n structure uld bstruct the vie the plaza, they
sh uld have given just c mpensati n r the land. (3e ple v. ajard )
*/+%&%+%% While the epublic may n t c mpel 3PD" t enter int a
c ntract, the epublic may, in the exercise eminent d main, require 3PD"
t permit interc nnecti n the g vernment ph ne system / 3PD", subject
t just c mpensati n t be determined by the c urt.
"here is n reas n hy the State may n t require a public utility t render
services in the general interest, pr vided just c mpensati n is paid there r.
ltimately, the beneiciary the interc nnecting service uld be the users
b th teleph ne systems, s that the c ndemnati n uld be r public use.
(ep. v. 3PD")
p n the iling the c mplaint in gminent D main pr ceedings, r at any
time thereater, ater due n tice t deendant, the petiti ner has the right t
take r enter up n the p ssessi n the real pr perty inv lved i he dep sits
1A 2010
an am unt equivalent t the assessed value the pr perty ith the 3B r
purp ses taxati n. (3C v. cs n)
"here is n taking since the landmark la had n t transerred c ntr l ver
the pr perty t the city, but nly the appellant's expl itati n it. A
state statute that substantially urthers imp rtant public p licies and
the quality lie by preserving the character and desirable aesthetic eatures
a city may s rustrate distinct 9agS"g"BACKgD 9"ggS"S.
"here is a D9ggCg beteen gASOABPg use pr perty and OS"
Bgg9C9AP use pr perty = taking ccurs i ner can still reas nably
use the pr perty, even i he may bear s me l sses due t States
restricti n/las.
HOWgag, %&%##+,,'$'&# %*H2%#(H%!:
a.m public purp se
b.m Has an unduly harsh impact up n the ner's use the
pr perty
c.m Has same eect as the c mplete destructi n rights land
ners(3enn Central "ransp rt v. YC)
)
& . Despite their intangible nature, trade secrets have many
the characteristics m re traditi nal rms pr perty. re ver, this C urt
has und ther kinds intangible interests t be pr perty r purp ses the
Clause. "he c urt als held that s l ng as the taking has a c nceivable public
character, the means by hich it ill be attained is r c ngress t determine.
9n deciding ,%&*+("#$#+&%# (sh rt
acquisiti n) !!&)2%#(, this C urt cuses n:
1)m "he character the g vernmental acti n
2)m "he ec n mic impact
3)m Whether the acti n intereres ith reas nable investmentbacked
expectati ns
(uckelshaus v. nsant )
An $#!%(!' transmits n rights except the easement
itsel; resp ndent retains ull nership the pr perty. "he acquisiti n
such easement is, nevertheless,
. C nsidering the nature and the
eect the installati n p er lines, the limitati ns n the use the land r
an uld deprive resp ndent n rmal use the pr perty.
"he latter is entitled t just c mpensati n, hich must be neither m re n r
less than the lands m netary equivalent.
ust c mpensati n is deined as the ull and air equivalent the pr perty
taken r m its ner by the expr priat r. 9n eminent d main r expr priati n
m
1A 2010
9mperial)
C nsidering the nature and the eect the installati n p er lines, the
limitati ns n the use the land r an indeinite peri d uld deprive
resp ndent n rmal use the pr perty. "he C urt has c nsistently held that
the determinati n just c mpensati n is a judicial uncti n. statute,
decree, r executive rder can mandate that its n determinati n shall
prevail ver the c urts indings. (3C v. B ngb ng)
3gAs entry int the pr perty ith the permissi n SADC, its previ us
ner, as n t r the purp se expr priating the pr perty. SADC all ed
3gA t enter the land n c nditi n that it sh uld pay a m nthly rental 310K.
Als , it must be n ted that ater its entry, 3gA requested SADC t d nate r
sell the land t the g vernment. 9ndeed, there as n intenti n n the part
3gA t expr priate subject pr perty. Why did it ask permissi n? 9t c uld have
simply exercised its p er eminent d main. ("an v. epublic)
"he undergr und tunnels imp se limitati ns n resp ndents use the
pr perty r an indeinite peri d and deprive them its rdinary use. Based
up n the reg ing, resp ndents are clearly entitled t the payment just
c mpensati n. tithstanding the act that petiti ner nly ccupies the sub
terrain p rti n, it is liable t pay n t merely an easement ee but rather the
ull c mpensati n r land. "he nature the easement practically deprives the
ners its n rmal beneicial use. (3C v. 9brahim)
"he "C misapplied the ruling in by substituting such
inlati n act r and r adjustment act r r the +(++' $#)) %#
in the price t be paid as just c mpensati n in expr priati n cases. here
in the said decisi n may it be inerred that damages r such delay in the
payment just c mpensati n, ther than the legal interest pr vided by la,
may be granted in additi n r c nsidered in c mputing the am unt just
c mpensati n such as the inlati n act r applied by the trial c urt. (3OC v.
aglasang)
9m */+%& any use that is
beneit the public.
utility, advantage
r pr ductivity r the
purp se the taking is public, meaning, any act that may be beneicially
empl yed r the general elare, then the p er eminent d main c mes
int play.(Sumul ng v. uerrer )
"he City anila, thr ugh its legislative branch, has the express p er t
acquire private lands and subdivide these lands int h me l ts r sale t b na
ide tenants r ccupants, and t lab rers and l salaried empl yees the
city. "hat nly a e c uld actually beneit r m the expr priati n the
pr perty d es n t diminish its public use character. 9t is simply n t p ssible t
pr vide all at nce land and shelter r all h need them (
). 3ublic use n includes the br ader n ti n indirect public beneit
r advantage, including in particular, urban land re rm and h using.(3hil.
C lumbian Ass c. v. H n. 3anis)
"he idea that "public use" is strictly limited t clear cases "use by the
public" has l ng been discarded. "hat nly a e uld actually beneit r m
the expr priati n pr perty d es n t necessarily diminish the essence and
character public use. As l ng as the public has right use, hether
exercised by ne r many members, a "public advantage" r "public beneit"
accrues, suicient t c nstitute a public use. 9t may be limited t the
inhabitants a small r restricted l cality, but must be in c mm n, and n t
r a particular individual(s) al ne. (an sca v. CA)
"he establishment a pil t devel pment center uld inure t the direct
beneit and advantage the pe ple the 3r vince Camarines Sur. Once
perati nal, the center uld make available t the c mmunity invaluable
in rmati n and techn l gy n agriculture, ishery and the c ttage industry.
"he h using pr ject als satisies the public purp se requirement the
C nstituti n. (3r vince Cam Sur v. CA)
9t is ell settled that expr priati n private land r urban devel pment
and slum clearance is r a public purp se even i the devel ped area is
s ld t private h me ners, c mmercial irms, entertainment, and
service c mpanies. (eyes v. HA)
Ater scrutinizing the rec rds, the C urt und that the basis the rdinance
as t beneit the elendres C mp und H me ners Ass ciati n, a private,
n npr it rganizati n, # the residents Cani gan in general. 9t can be
seen that the ass ciati n anted a private playgr und and recreati nal acility
and asikips pr perty as the cl sest l t available. "hus, the taking as #
a public character. re ver, there as already an alternative acility r
sp rts and recreati n in the area, the ain rest 3ark. (asikip v. 3asig)
m
1A 2010
m
1A 2010
m
ver t categ ries cases, t it: (1) "all petiti ns r the determinati n
just c mpensati n t land ners" and (2) "the pr secuti n all criminal
enses under [.A. . 6657].
"he valuati n pr perty in eminent d main is #%++'>*)%&%+
!*#&%# hich cann t be vested in administrative agencies. (epublic v. CA)
$%#%#!!%$2"+*."he nature and character the land
at the time its taking is the principal criteri n t determine just
c mpensati n t the land ner.
"he air market valuati n land t be taken sh uld n t be based n the value
adjacent l ts i the nature the adjacent l ts is dierent r m the land
s ught t be expr priated. (3C v. Hens n)
)$%#% %"(*%)+%# !)$%#%#!>* &$,# %#
##&# %*%#+*#+ %% &#&+* %"*,#-*)%&%'
),%"%#($!%,(%"."he bjecti n that 3.D. 27 is
unc nstituti nal as it sets limitati ns n the judicial prer gative determining
just c mpensati n is beret merit. "he determinati n just c mpensati n
under 3.D. . 27, like in Secti n 16 (d) .A. 6657 r the CA3 Pa, is n t
inal r c nclusive. nless b th the land ner and the tenantarmer accept
the valuati n the pr perty by the Barri C mmittee n Pand 3r ducti n and
the DA, the parties may bring the dispute t c urt in rder t determine the
appr priate am unt c mpensati n, a task unmistakably ithin the
prer gative the c urt. (Sigre v. CA)
#++()*#>* &$,# %#% ##*()% &#%#*
0,,%%# +)'/&$!%#+#)0&*.3etiti ner
alleges that the intended public use as rendered nugat ry by the
unreas nable just c mpensati n ixed by the c urt, hich is bey nd the
means the intended beneiciaries the s cialized h using pr ject.
,*/+%&,*, ! &%+%=)* %#(,>&% #%##''
)%$%#% )/'$*#!>* &$,# %#&*
!%0) 3etiti ner cann t be permitted t institute c ndemnati n pr ceedings
against resp ndents nly t aband n it later hen it inds the am unt just
c mpensati n unacceptable. (HA v. Heirs 9sidr uivel nd )
0)% ."he tax credit that is c ntemplated under the Seni r Citizens
Act is a rm just c mpensati n r private pr perty taken by the State r
public use, n t a remedy r taxes that ere err ne usly r illegally
assessed/c llected. (C9 v. Central Puz n)
1A 2010
"ax credit is n t "ax deducti n. "he tax credit is the am unt representing the
20 percent disc unt granted t a qualiied seni r citizen by all establishments
relative t their utilizati n transp rtati n services, h tels and similar l dging
establishments, restaurants, drugst res, recreati n centers, theaters, cinema
h uses, c ncert halls, circuses, carnivals and ther similar places culture,
leisure and amusement, hich disc unt shall be deducted by the said
establishments r m their gr ss inc me r inc me tax purp ses and r m
their gr ss sales r valueadded tax r ther percentage tax purp ses. "ax
credit accrued during a iscal year hen n taxes ere paid may be applied t
succeeding iscal years. (C9 v. Bic landia)
9n the event hen the g vernment is bliged t return the land expr priated
and the private party is bliged t return the purchase price but the
g vernment ails t c mply, such ailure am unts t expr priati n ith ut just
c mpensati n. "he private party is entitled t c mpensati n in the rm
rentals and interest. (actan v. rgell )
gxpr priati n pr ceedings initiated 56 years ag by the g vernment but n t
acted up n (n payment c mpensati n, n legislative appr val, and n
actual entry) is n t a valid expr priati n. 9t transers n rights t the
expr priating party and d es n t deprive the ner its auth rity ver the
land. "he n npayment just c mpensati n and the am unt time that has
passed may als be a bar t the g vernment because laches. (San que v.
epublic)
(9m -*)%&%+ "% the exercise eminent d main is limited the
ll ing areas c ncern:
1.m adequacy c mpensati n,
2.m necessity the taking, and
3.m public use character the purp se the taking
gxcepti n: hen land is r subdivisi n and resale r s cial justice by
legislature.
vernment may n t caprici usly r arbitrarily ch se hat private pr perty
sh uld be taken. Due pr cess must be served. With due rec gniti n the
p er C ngress t designate the particular pr perty t bet taken and h
much there may be c ndemned in the exercise the p er
expr priati n, it is still a judicial questi n hether in the exercise such
c mpetence, the party adversely aected is a victim partiality and
prejudice. (De Knecht v. Bautista)
B3 340 eectively superseded the decisi n the c urt and the trial c urt did
n t c mmit any grave abuse discreti n in dismissing the case pending
be re it n the gr und the enactment B3 340. Said decisi n is n
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1A 2010
rman vs. Baltim re, the c urt stressed that every c ntract inv lving the
public interest suers inirmity and may be changed i required by public
interest. (3hilippine aeterans Bank gmpl yees v. 3hilippine aeterans Bank)
Pegislati n appr priate t saeguard said interest may m diy r abr gate
c ntracts already in eect. r n t nly are existing las read int c ntracts in
rder t ix the bligati ns as beteen the parties but the reservati n
essential attributes s vereign p er is als read int c ntracts as a
p stulate the legal rder.
" c me under the c nstituti nal pr hibiti n, the la must eect a change in
the rights the parties ith reerence t each ther and n t ith reerence t
n nparties. (Abella v. PC)
3*#%&%,+ +*%#. alth ugh n t strictly an rdinance is a z ning
regulati n hich is a p lice p er measure hich the municipality has the
p er t pass. (3resley v. BelAir aillage Assn. als held in Ortigas v. gA"9
Bank)
"he requirement n tice the rescissi n under the aceda la d esnt
change the time r m de per rmance r imp se ne c nditi ns r
dispense ith the stipulati ns regarding the binding eect the c ntract.
either d es it ithdra the remedy r its en rcement. At m st, it merely
pr vides r a pr cedure in aid the remedy rescissi n. "here re, it
d esnt impair the bligati ns a c ntract. (S9SKA Devel pment v. Oice
the 3resident)
m
A pr visi n la pr hibiting the use the all tted m dernizati n unds r
payment a c ntract already entered int by the g vernment is vi lative
the C nstituti nal 3r hibiti n n the passage las that impair the bligati n
c ntracts. (3hilc nsa v. gnriquez)
the State, in the exercise p lice p er, may n t be precluded by the
restricti n
n n nimpairment c ntract r m altering, m diying and
amending the mining leases r agreements. (iners Ass c. v. act ran)
"he unilateral cancellati n the ranchise, hich has the status a c ntract,
%*#%&%#(#)>* %!%/+&* is int lerable in any system
here the ule Pa prevails. (Pim v 3acquing)
A la pr viding ne gr unds r the ejectment tenants cann t be applied
retr actively t existing c ntracts but is deemed t be read int the c ntracts
hen the lease is reneed. (uarez v CA)
-6
m
1A 2010
"he Central bank may prevent the shareh lders a bank under
c nservat rship r m c llecting dividends i public interest s requires. 3ublic
elare is superi r t private rights. (epublic 3lanters Bank v. H n. Agana)
"he p er a banks c nservat r cann t extend t the rev cati n existing
valid c ntracts. 9 the legislature itsel cann t rev ke a valid existing c ntract,
h can it delegate such a n nexisting p er t a mere c nservat r?
(3r ducers Bank the 3hil v. PC)
9ncentive pay r beneit is in the nature a b nus hich is n t a demandable
r en rceable bligati n. "he rced reund, pursuant t a la r an executive
rder, an incentive pay hich as r ngly released, d es n t c nstitute an
impairment c ntracts. (Blaquera v. Alcala)
#&*+00$,%# " * !#&% 00$,%#
C ntractual tax exempti ns must n t be c nused ith tax exempti ns
granted under ranchises. A ranchise partakes the nature a grant hich is
bey nd the purvie the n nimpairment clause the C nstituti n. nder
the C nstituti n, a ranchise is alays under the c nditi n that it shall be
subject t amendment, alterati n r repeal by C ngress hen the c mm n
g d s requires. C ntractual tax exempti ns, h ever, may inv ke the n n
impairment clause. (gAPCO v. 3r vince Paguna)
A license vi lating pr visi n la is v id any rev cati n there r
declarati n nullity d es n t vi late n nimpairment clause. (epublic v
sem r)
gnd rsement billb ards an elect ral candidate may be regulated/rem ved
by COgPgC ith ut vi lating the n nimpairment clause as a valid exercise
p lice p er because the billb ards assumed partisan p litical character
hen he iled r candidacy. (Chavez v COgPgC)
A m rtgage inv lving inalienable land is v id ab initi and cann t be the
s urce rights. "he n nimpairment clause may n t be inv ked, because the
states restraint n private individuals r m h lding nership r vested rights
n the said land ( rest) is a valid exercise p lice p er. (Pand Bank the
3hilippines v. epublic the 3hilippines, represented by the Direct r
Pands)
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m
5
89
33
3
7
859
3
3
3
33
3
3
89
3
?
3
3
8-9
3
3
3
3
* )%+#" %(%#
m Questi ning initiated by la en rcement icer ater ne is taken int
cust dy r deprived his reed m acti n in any signiicant ay
%( : (1) t remain silent (2) t c unsel and (3) t be in rmed rights
**ight t c unsel is intended t preclude the slightest c erci n as uld lead
the accused t admit s mething alse. "he layer sh uld never prevent the
accused r m reely and v luntarily speaking the truth (3e ple v. Payus )
"he rules n cust dial investigati ns d n t apply hen the c nessi n is
made t a private individual because that situati n uld n t be ne a
cust dial investigati n. (3e ple v. "aat)
"he presumpti n regularity icial acts d es n t apply t incust dy
c nessi ns. 9n rder r it t be admissible, the pr secuti n must sh that
the c nstituti nal saeguards ere bserved in btaining the c nessi n.
(3e ple v. " lentin )
3%#) %(
3* /&%)
Y u have a right t remain silent
Anything y u say r d ill be used against y u in c urt
1A 2010
Y u have a right t c nsult ith a layer and t have him during the
interr gati n.
9 y u are an indigent, a layer ill be app inted t represent y u.
. gven i the pers n c nsents t anser questi ns ith ut the assistance
c unsel, the m ment he asks r a layer at any p int in the investigati n,
the interr gati n must cease until an att rney is present.
9 the reg ing pr tecti ns and arnings are n t dem nstrated during the
trial t have been bserved by the pr secuti n, n evidence btained as a
result the interr gati n can be used against him. (iranda v. Ariz na)
"hese rights bec me available hen the investigati n is n l nger a general
inquiry int an uns lved crime but has begun t cus n a particular suspect,
the suspect has been taken int p lice cust dy, the p lice carry ut a pr cess
interr gati n that lends itsel t eliciting incriminating statements; usually
ater a pers n has been taken int cust dy r therise deprived his
reed m acti n in any signiicant ay.
(3. v. "an)
1. Ater a pers n has been taken int cust dy
2. When a pers n is therise deprived his reed m acti n in any
signiicant ay (3. v. Cagui a)
3. When the investigati n is being undertaken by the g vernment ith respect
t a criminal ense. (9n 3. v. rad , a baranggay captains c nversati n
ith the accused is part an ng ing investigati n. But in 3. v. Zuela,hen
the accused talked ith a may r AS CO9DA" and n t as a la en rcement
icer, his admissi n is admissible)
4. Signing arrest rep rt and b king sheets (3. v. Sim n)
n t until there is a p lice investigati n.
gx: a pers n g ing thr ugh an audit d es n t have these rights, a pers n
presenting himsel r his admissi n (v luntary surrender), 3 lice line up
(unless there is a m ve t elicit admissi n), admissi n t s me ne n t a
public icer (verbal c nessi ns t a radi ann uncer)
**A 7438 has extended the C nstituti nal guarantee t situati ns in hich
an individual has n t been rmally arrested but has merely been invited r
questi ning. (3e ple v. D mantay; 3e ple v. "an)
<
"he criminal pr cess includes the investigati n t the iling charges,
the preliminary investigati n and investigati n ater charges are iled, and the
peri d r trial. "he rights under Secti n 12(1) ere c nceived r the irst
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m
phase, hen the enquiry is under the c ntr l the p lice icers.
Sec. 12(1) DOgS O" apply t pers ns under preliminary investigati n r
already charged in c urt ith a crime (pe ple v. Ays n)
0 even ater the charges are iled, i the p lice still attempt t extract
c nessi ns r admissi ns utside judicial supervisi n, secti n 12(1) sh uld
still apply.
+%&%#.,
When petiti ner as identiied by the c mplainant at the p lice lineup, he
had n t been held yet t anser r a criminal ense. "he p lice lineup is
n t a part the cust dial inquest; hence, he as n t yet entitled t c unsel.
"hus, it as held that hen the pr cess had n t yet shited r m the
investigat ry t the accusat ry as hen p lice investigati n d es n t elicit a
c nessi n the accused may n t yet avail the services his layer.
Since petiti ner in the c urse his 9dentiicati n in the p lice lineup had n t
yet been held t anser r a criminal ense, he as, there re, n t deprived
his right t be assisted by c unsel because the&&* ' pr cess had n t
yet set in.
While the C urt inds n real need t a rd a suspect the services c unsel
during a p lice lineup, the m ment there is a m ve r even an urge said
investigat rs t elicit admissi ns r c nessi ns r even plain in rmati n
hich may appear inn cent r inn cu us at the time, r m said suspect, he
sh uld then and there be assisted by c unsel, unless he aives the right, but
the aiver shall be made in riting and in the presence c unsel. (amb a
v. udge Cruz)
A pers n already under cust dial investigati n h is placed in a p lice lineup
is entitled t Secti n 12 rights. (3e ple v. acam)
As a rule, an accused is n t entitled t the assistance c unsel in a p lice
lineup c nsidering that such is usually n t a part the cust dial inquest.
H ever, the case at bar is dierent inasmuch as accusedappellant
+)' *#) &* )%+ %#" %(%# hen these
ut c urt
identiicati ns ere c nducted by the p lice.
We have thus ruled that any identiicati n an unc unseled accused made in
a p lice lineup, r in a sh up r that matter,
!
!
is inadmissible as evidence against him. H ever
the inadmissibility these ut c urt identiicati ns d es n t render the in
c urt identiicati n accusedappellant inadmissible r being ruits the
p is n us tree. (3e ple v. gsc rdial)
1A 2010
-m
Advice 3 licepr vided c unsel, telling the accused that tit uld be better
r him t speak r tell the truth d es n t urnish any inducement, t render a
c nessi n thereby btained threats r pr mises are applied.
eneral ule: gxtrajudicial statements, as a rule, are admissible against their
respective declarants pursuant t the rule that the act, declarati n r missi n
a party as t a relevant act may be given in evidence against him.
0 the rule that an extrajudicial statement is evidence nly against the
pers n making it, rec gnizes several excepti ns:
#+&2%#( #! %# When several pe ple are charged ith an
ense, and there c uld have been O c llusi n beteen them regarding their
c nessi ns, the act that statements are in all material respects identical, is
c nirmat ry the c nessi n the c deendants, and is )$% %/+
against
ther pe ple implicated therein. "hey are als
admissible as
circumstantial evidence against the pers ns t sh the
pr bability the latters actual participati n in the c mmissi n the crime.
9llegal C nessi ns/Admissi ns are inadmissible against the s urce the
c nessi n B " they are admissible against the pers n
the
c nstituti nal pr hibiti n.
9t is but natural r ne h surrenders t the p lice t give reas n r
explanati n r his act surrendering. 9 he v luntarily admits the killing and
surrendered precisely because he anted t
admit t
the killing, the
c nstituti nal rights t be in rmed his right t silence and t c unsel may
n t be inv ked. (3e ple v. "aylaran)
%(/%#!$)!% %(
"he right t be in rmed must be presumed t c ntemplate the transmissi n
a meaningul in rmati n rather than just the cerem nial and perunct ry
recitati n an abstract c nstituti nal principle. "he icer is n t nly duty
b und t tell the pers n the right the latter is entitled, but als t explain their
eects in practical terms. (3e ple v. am s, 3e ple v. Cagui a)
"he right a pers n t be in rmed implies a c rrelative bligati n n the
part the p lice investigat r t explain, and c ntemplates an eective
c mmunicati n that results in understanding hat is c nveyed. (3e ple v.
icandr ; 3e ple v. 3inlac)
%($,##)#),#)#*# +
A layer is deemed engaged by the accused hen he(accused) never raised
1A 2010
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m
guilt;
$$*#%'(%#
+!.#&%$%#%#
"he right n t t be c mpelled t be a itness against himsel may be inv ked
n t nly in criminal pr ceedings but als in all ther types suits, including
reiture cases. What is c ntr lling is n t the character the suit but the
nature the pr ceedings. Sh uld a pers n be c mpelled t be a itness
against himsel, that pers n sh uld be pr vided ith immunity immunity
r m using the itness c mpelled testim ny and its ruits in any manner in
c nnecti n ith the criminal pr secuti n the itness and immunity t the
itness r m pr secuti n r an ense t hich his c mpelled testim ny
relates. 9 a pers n h testiied is n t ered immunity be re they ere
questi ned, alth ugh that pers n did n t inv ke his right against sel
incriminati n in such pr ceeding, his testim ny uld be inadmissible as
1A 2010
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"here is #c nstituti nal right t bail hen the ll ing c nditi ns c ncur:
1.m Accused is charge ith an ense punishable by
2.m gvidence against him is str ng. (agn v Abbas)
** Ater c nvicti n, bail is
hile the case is n appeal
** gven th ugh there is n c nstituti nal right, bail may still be granted
because the matter is discreti nary ith the c urt r g d and valid reas ns,
Since the l ss right (t bail) depends up n the quantum evidence against
him, the l ss the right can be determined
(arc s v.
Cruz)
0)%%# .
On December 10, 1948, the eneral Assembly ad pted the niversal
Declarati n Human ights in hich the right t lie, liberty and all the ther
undamental rights every pers n ere pr claimed. "hus, in ej v.
Direct r 3ris ns,
%#(#%#(/%+, ,&%"),
+)*#)# %*%#,%#&%,+ !%#
&+%#,!+!+#)
9 bail can be granted in dep rtati n cases, e see n justiicati n hy it
sh uld n t als be all ed in extraditi n cases. Pikeise, c nsidering that
,,+% ),%#& % # #'%&##
/%#"2)%#0)%%#& . Ater all, b th are administrative
pr ceedings here the inn cence r guilt the pers n detained is n t in
issue.
Obvi usly, an extraditi n pr ceeding, hile stensibly administrative, bears all
earmarks a criminal pr cess. ,#%+0)%$'/ */>&)
,+#() %#!+%/'#)!&)# !
)$#)%#( !++%#(,&)%#( "emp rary detenti n may
be a necessary step in the pr cess extraditi n, but the length time the
detenti n sh uld be reas nable. ec rds sh that un z )/#
)%#)!"859' %*"%#(/#&#"%&)!
#'&%$
"he timeh n red principle demands that the
3hilippines h n r its bligati ns under the gxtraditi n "reaty it entered int
ith the H ng K ng Special Administrative egi n. H ever, it d es n t
necessarily mean that in keeping ith its treaty bligati ns, the 3hilippines
sh uld diminish a p tential extraditees rights t lie, liberty, and due pr cess.
re s , here these rights are guaranteed als by internati nal c nventi ns,
t hich the 3hilippines is a party. We sh uld n t deprive an extraditee his
1A 2010
& )$%#%#(/%+
1.m Ability t p st bail
2.m ature the ense
3.m imp sable penalty,
4.m character and reputati n the accused,
5.m health the accused,
6.m strength the evidence,
7.m pr bability appearing r the trial,
8.m reiture b nds,
9.m hether accused as a ugitive hen arrested,
10.m 9 under b nd in an ther case. (Sunga v. udge Salud)
3%+%'*#)*3 ++.A s ldier under c urt martial d es n t enj y
the right t bail because the disciplinary structure the military and
because s ldiers are all ed the iduciary right t bear arms and can cause
great hav c. urtherm re, traditi n has rec gnized the n nexistence the
right t bail. gqual pr tecti n cann t be inv ked because it nly applies t
th se h are equally situated. (C mmendad r v. de ailla)
0& %"%+.Where the right t bail exists, it sh uld n t be rendered
nugat ry by requiring a sum that is excessive. 9 the C nstituti n did n t
pr hibit his, the right t bail bec mes meaningless. "he s le permissible
uncti n m ney bail is t assure the accused's presence at trial, and
declared that bail set at a higher igure than an am unt reas nably calculated
t ulill thus purp se is "excessive"(De Pa Camara v. gnage)
A judge cann t require a strictly cash b nd and disall an attempt t p st a
surety b nd r pr visi nal liberty. "he burden imp sed by requiring a strictly
cash b nd can make the bail c nstituti nally excessive. (Almeda v. aillaluz)
m "he accused must inv ke such right then bail hearing ill c mmence
ll ing due pr cess
*% !%+-*)(%##,,+%&%#!%+
1) tiy the pr secut r the hearing r bail
2) C nduct a hearing r such applicati n, even i pr secuti n d es n t
-
m
present evidence
3) Decide i the evidence guilt is str ng
4) 9 the evidence is n t str ng, grant bail (Basc v. apatal )
(gvidence is str ng hen there is evident guilt r a great presumpti n guilt)
!"%)#E, *$,%#(
0m
Clear, str ng evidence hich leads a ellguarded dispassi nate
judgement t the c nclusi n that the ense has been c mmitted as
charged, that the accused is the guilty agent, and that he ill pr bably be
punished capitally i the la is administered
0m
Str ng, clear, and c nvincing t an unbiased judgment and excludes all
reas nable pr bability any ther c nclusi n.
0m
"est is n t hether the evidence establishes guilt bey nd reas nable
d ubt but rather hether it sh s evident guilt r a great presumpti n
guilt. (3e ple v. udge Cabral)
# &*%#) #, #"%)#&
gven hen the pr secut r reuses t adduce evidence in pp siti n t the
applicati n t grant and ix bail, the c urt may ask the pr secuti n such
questi ns as uld ascertain the strength the states evidence r judge the
adequacy the am unt bail. (" lentin v. udge Camana , r.)
&(#%=#& A means, aside r m bail, here an accused may btain
pr visi nal liberty.
9t is an bligati n rec rd entered int be re a c urt guaranteeing the
appearance
the accused r trial. 9t is in the nature a c ntract beteen
the surety and the State. (3e ple v. Abner)
- 89
3
859 3
3
- 3
3
3
3
3
3
1A 2010
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m
Due pr cess la demands that in all criminal pr secuti ns (here the
accused stands t l se either his lie r his liberty), the accused shall be
entitled t , am ng thers, a trial. "he trial c ntemplated by the due pr cess
clause the C nstituti n, in relati n t the Charter as a h le, is a trial by
udicial 3r cess, n t by executive r military pr cess. ilitary C mmissi ns r
"ribunals, by hatever name they are called, are n t c urts ithin the
3hilippine judicial system. (Olaguer v. ilitary)
*$,%#!##&#&
With ut c nvicti n, a pers n is entitled t reinstatement.
B3 52: "he iling charges r the c mmissi n such crimes be re a civil
c urt military tribunal ater preliminary investigati n shall be
evidence such act (disqualiicati n) is invalid because the
evidence makes the accused suer as i already guilty even be re trial.
(Dumla v. C melec)
3reventive suspensi n is n t a penalty there re n
presumed inn cent
vi lati n
right t
be
"here are s me cases in hich prima acie evidence establishes a rati nal
c nnecti n t guilt.
i.e. 9n alversati n, inability t pr duce the m ney entrusted t public icial,
alth ugh prima acie evidence guilt, may still be dispr ved by c ntradict ry
evidence (shits the burden pr t the accused)
"he State, having the right t declare hich acts are criminal, ithin certain
elldeined limitati ns, has the right t speciy hat act(s) shall c nstitute a
crime, as ell as hat pr shall c nstitute prima acie evidence guilt, and
then t put up n the deendant the burden sh ing that such act(s) are
inn cent and are n t c mmitted ith any criminal intent r intenti n. ( S v.
Puling)
"he pr visi n
the glecti n C de that the iling charges r the
c mmissi n crimes be re a civil r military c urt shall be prima acie
evidence the c mmissi n an act disl yalty t the state is , as it
c ndemns a pers n be re he is inally heard. (Dumla v. C melec)
"he presumpti n inn cence may be verc me by a c ntrary presumpti n
unded up n the experience human c nduct. Pegislature may pr vide e
evidence guilt the accused and shit the burden pr
pr vided there be a rati nal c nnecti n beteen the acts pr vided and the
ultimate act presumed. (3e ple v. ing a; Banares v. CA)
1A 2010
%(/)
+$# !%(/)
1.m " be present at the trial
2.m ight t c unsel
3.m ight t an impartial judge
4.m ight t c nr ntati n
5.m ight t c mpuls ry pr cess t secure attendance itness
%(/, #.%+%#/ #%
Sc pe right t be present at the trial beteen arraignment and
pr mulgati n sentence
C nditi n r aiver ater arraignment, he may be c mpelled t appear r
identiicati n
1*% % !%+%#/ #%
1.m Accused already arraigned
2.m Duly n tiied the trial
3.m ailure t appear is unjustiiable
(3arada v. aeneraci n)
C nstituti n n unqualiiedly permits trial in absentia even capital
enses, pr vided that (1)
9
(2) &
.
eas n r requiring the presence the accused, despite his aiver, is, i
all ed t be absent in all the stages the pr ceedings ith ut giving the
3e ple's itnesses the pp rtunity t 9dentiy him in c urt, he may in his
deense say that he as never 9dentiied as the pers n charged in the
in rmati n and, there re, is entitled t an acquittal. (3e ple v. 3residing
udge)
*
the accused in case
his n nappearance ater
arraignment despite due n tice simply means that he thereby aives his right
t meet the itnesses ace t ace, am ng thers. An express aiver
appearance ater arraignment is the same eect. H ever, such aiver
appearance and trial in absentia d es n t mean that the pr secuti n is
thereby deprived its right t require the presence the accused r
purp ses identiicati n by its itnesses, hich is vital r the c nvicti n
the accused. (Carred v. 3e ple)
%(*# +
C unsel de Oici may be given by the c urts during arraignment.
-
m
1A 2010
app inted during the absence the accuseds c unsel (3e ple v.
Parraaga)
An accused h s ught t ithdra his appeal t the SC sh uld n t be
all ed n the gr und that he cann t a rd c unsel. He sh uld be given
c unsel instead. (3e ple v. i )
%(/#!$)
"he bject a ritten accusati n
1.m urnish the accused ith such a descripti n the charge against him
as ill enable him t make a deense.
2.m Avail himsel his c nvicti n r acquittal r pr tecti n against
urther pr secuti n r the same cause.
3.m " in rm the c urt the acts alleged, s that it may decide
hether they are suicient in la t supp rt a c nvicti n, i ne
sh uld be had. ( .S. v. Karelsen)
m 9n rder that this requirement be satisied, acts must be stated, n t
c nclusi ns la. "he C mplaint must c ntain a speciic allegati n
every act and circumstance necessary t c nstitute the crime charged
( S v. Karelsen)
Criminal
1.m
2.m
3.m
4.m
5.m
6.m
!!# #++()%##!$%#
A pers n cann t be charged m re than that c ntained in the in rmati n.
Qualiying circumstances must be alleged in the in rmati n as ell.
i.e. nly 2 c unts rape ere alleged in the charges. Alth ugh 6 c unts
rape ere pr ven during trial, the accused can nly be c nvicted n the 2
c unts alleged in the in rmati n.
"he appellant cann t be c nvicted the c mplex crime h micide ith
assault up n an agent a pers n in auth rity because the in rmati n iled
against the appellant
the essential elements assault that the
accused then kne that, be re r at the time the c mmissi n the
assault, the victim as an agent the pers n in auth rity. (3e ple v. egala)
Disregarding the bjecti nable phrasing that uld c mplex rebelli n ith
murder and multiple rustrated murder, that indictment is t be read as
r
m
the particular
"he right
an accused t
1A 2010
deprive the
pp rtunity
%($,%+%+
"rial by 3ublicity " have prejudice t due pr cess, there must be allegati n
and pr that judges have been duly inluenced by the publicity.
" arrant a inding prejudicial publicity, there must be
that the judges have been unduly inluenced, n t simply that they might be,
by the barrage publicity. 3etiti ners cann t rely n the subliminal eects
publicity. (Webb v. de Pe n; 3e ple v. "eehankee)
Outside pecuniary interest, relati nship, r previ us participati n in the
matter that calls r adjudicati n, there may be ther causes that c uld
c nceivably er de the trait bjectivity, thus calling r . 9 any such
sh uld make its appearance and pr ve diicult t resist, the better c urse r
a judge is t &
himsel. (ate r. v. aillaluz)
9t is ttimes expedient r necessary in the due and aithul administrati n
justice r the presiding judge t reexamine a itness in rder that his
judgment hen rendered may rest up n a ull and clear understanding the
acts. (3e ple v. anal : hen a judge intervened in the cr ssexaminati n)
%(*/+%&%+
"rial is public hen attendance is pen t all irrespective relati nship t
deendant.
0 hen the evidence presented may be characterized as ensive t
decency r public m rals, the pr ceeding may be limited t riends, relatives
and c unsel. (arcia v. D ming )
"his right serves as a saeguard against any attempt t empl y ur c urt as
instruments persecuti n. "he kn ledge that every criminal trial is subject
t c ntemp rane us revie in the rum public pini n is an eective
restraint n p ssible abuse judicial p er. (arcia v. D ming )
%(
r6
m
.0$%#L$%#
!&..!&
the itness by
gxcepti n t right c nr ntati n: (1) dying declarati n (2) trial in absentia
O"g: ight t C nr ntati n is n t available in preliminary investigati n.
m Accused is n t entitled as a matter right t be present during the
preliminary examinati n n r t cr ssexamine the itnesses presented
against him be re his arrest
m "his right is available during trial hich nly begins up n arraignment
m there is n right t c nr ntati n against in rmants h aided in the
arrest r in rmants h are n t itnesses
Secti n 7 the Special ules 3r cedure prescribed r Sharias c urts
pr vide that i the plainti has n evidence t pr ve his claim, the deendant
shall take an ath and judgment shall be rendered in his av r by the C urt.
Sh uld deendant reuse t take an ath, plainti can airm his claim under
ath, in hich case judgment shall be rendered in his av r. Said pr visi n
eectively deprives a litigant his right t due pr cess. 9t denies ap arty his
right t c nr nt the itness against him and t cr ssexamine them. 9t
sh uld have n place even in the Special ules 3r cedure in the Shariah
c urts the c untry. ("ampar v. sman)
$,*+ '&
m C mpuls ry pr cess is n t nly t secure the attendance itnesses in
his behal but als t secure the pr ducti n evidence in his behal.
%"! %(
m 3resumpti n is alays against the aiver
m 3r secuti n must pr ve ith str ngly c nvincing evidence that the
accused
and
submitted his c nessi n and
maniested that he as n t interested in having a layer
assist him during the taking that c nessi n. (3e ple v. ara)
r
7
m Writ Habeas C rpus rit directed t the pers n detaining an ther
c mmanding him t pr duce the b dy the pris ner at a designated
time and place, ith the day and cause his capti n and detenti n, t
d , submit t , and receive hatever the c urt r judge aarding the rit
shall c nsider in that behal
1A 2010
m
m
1*% % !
* ,# %#!%"%+(
1.m gxistence Actual invasi n r ebelli n
2.m 3ublic Saety requires the suspensi n
(d es n t c me ith suspensi n Bail)
0m
"he 3resident has the p er t suspend the privilege, subject t the limits
in Article a99, sec. 18
A resp ndent in a petiti n r have the burden t pr ve that
they had indeed released the detainees i their inv king it as their deense. 9
the resp ndents have n t satisied the burden, the case must be reerred t
the CH. (Diz n v. gduard )
-
.
- 3
m Speedy trial in Secti n 14 c vers nly the trial phase criminal
cases hereas
&%# &" ++ , ! #' >*)%&%+ 1* %.
>*)%&%+)$%#% %",&)%#(
m emedy i there has been unreas nable delay in the res luti n a case:
Dismissal thr ugh mandamus ( que v. Ombudsman)
9n the applicati n the c nstituti nal guaranty the right t speedy
disp siti n cases, particular regard must be taken the acts and
circumstances peculiar t each case. Wellsettled is the rule that the right t a
speedy disp siti n cases, like the right t a speedy trial, is deemed vi lated
nly hen the pr ceeding is attended by vexati us, caprici us, and ppressive
delay. 9n the determinati n hether r n t that right has been vi lated,
the act rs that may be c nsidered and balanced are: the length delay, the
reas ns r such delay, the asserti n r ailure t assert such right by the
accused, and the prejudice caused by the delay.
aived. 9t must there re be asserted. "hus, i there as a delay in the trial
the case, petiti ners are n t entirely ith ut blame.
urtherm re, the right an accused t a speedy trial is guaranteed t him by
the C nstituti n but the same shall n t be utilized t deprive the State a
reas nable pp rtunity airly indicting criminals. A party's individual rights
sh uld n t rk against and preclude the pe ple's equally imp rtant right t
public justice. (uiani v. Sandiganbayan)
?
3
3
3urp se: " prevent perjury and c nessi n under duress.
*#(%#
+!.#&%$%#%#
m When is a questi n incriminating?
Mm A crime may c ntain t
r m re elements, a questi n uld be
incriminating i it tends t establish even ne the elements
Mm "estiying t a act hich uld be a necessary link in a chain
evidence t pr ve the c mmissi n the crime
m
m
D cumentary gvidence:
C mpuls ry pr ducti n private b ks and d cuments
c mpelling him t be a itness against himsel.
the
ner is
"he c ncept speedy disp siti n cases is lexible and is c nsistent ith
#/+ delay. (Caballer v. Al ns , r.)
m
Only natural pers ns are pr tected by this right; juridical entities, like
c rp rati ns, are n t.
"he right t a speedy trial as ell as ther rights c nerred by the C nstituti n
r statute, except hen therise expressly s pr vided by la, may be
m
r
m
1A 2010
Civil Case
Administrative
Case
He may reuse t
take the
itness stand during the trial r
cust dial investigati n.
9 n trial, ne may reuse t
anser
He may n t reuse t take the
itness stand.
He may reuse t
anser
incriminating questi n.
He may reuse t
take the
itness stand i it is criminal in
nature
like
reiture
r
dep rtati n
Ordinary Witness
He may n t reuse
t take the itness
stand.
He may reuse t
anser an
incriminating
questi n
A penal la that pr vides r a higher penalty against the accused h reuses
t testiy r make statements that uld be tantam unt t an admissi n
guilt vi lates the right against selincriminati n. "he accused has a right t
rely n the presumpti n inn cence until pr secuti n pr ves the elements
the crime charged against him. Silence cann t be taken as pr against him.
( S v. avarr )
What is pr hibited by the c nstituti nal guarantee is the use physical r
m ral c mpulsi n t ext rt c mmunicati n r m the itness, n t an inclusi n
his b dy in evide hen it is material. "hus, substance emitting r m the
b dy the deendant can be received as evidence. ( S v. "an "eng; S. vs.
Ong; aillal r v. Summers; S v. Ong SiuH ng)
A drug test, urine test, pregnancy test, bl d test, disease test d es n t all
under the pr hibiti n against sel incriminati n.
Writing is n t a purely mechanical act, because it requires the applicati n
intelligence and attenti n, there re, it c nstitutes an evidence against the
accused. gvidence that requires a p sitive intelligent act r m the accused alls
under the right against sel incriminati n. (Beltran v. Sams n; Bermudez v.
Castill )
C mpelling a itnessaccused t take the stand is a vi lati n his right
against sel incriminati n. His testim ny may n t be admissible against him.
(Chavez v. CA, the rd "hunderbird case)
C mpelling the accused in an Antigrat pr ceeding t take the stand r the
pr secuti n against him against his ill is a vi lati n his right against sel
r
m
1A 2010
the circumstance
the
ense
*+()%#(#*$#*#% $#
m ere severity the punishment d es n t make it cruel r unusual. 9t
must be lagrantly and plainly ppressive, h lly dispr p rti nate t the
nature the ense as t sh ck the m ral sense the c mmunity
(3e ple v. gst ista)
m
human
Hein us Crime hein us r being griev us, di us, and hateul enses and
hich by reas n their inherent r maniest ickedness, vici usness, atr city
and perversity are repugnant and utrage us t the c mm n standards and
n rms decency and m rality in a just, civilized and rdered s ciety
"he p er the State t imp se the death penalty is implied in secti n 1
Article 3. pers n shall be deprived , liberty, r pr perty ith ut due
pr cess la. Secti n 19 merely pr vides the limit t that plenary p er
the State.
"he c ngress has the p er t rest re the death penalty hich merely
requires that:
(1) the c ngress deine r describe hat is meant by hein us crimes;
(2) that c ngress speciy and penalize by death nly crimes that
qualiy as hein us in acc rdance ith the deiniti n r descripti n set
in the death penalty bill
(3) the c ngress sh uld be singularly m tivated by c mpelling reas n
inv lving hein us crimes. (3e ple v. gchegaray)
3
m
nder the irst sentence, ne can be charged r the same act i it
c nstitutes at least t dierent enses under t statutes r t
rdinances. But this d es n apply t c ntinuing crimes
9S" gO3ADY A""ACHgD
1.m d 9ndictment
2.m Be re a c mpetent C urt
3.m Ater arraignment
4.m Ater a valid plea
m
9S" gO3ADY "g9A"gD
rm
m
SgCOD gO3ADY A""ACHgD
1A 2010
2.m 9dentical
3.m 9n the attempted r
rustrated rm an ther
4.m ecessarily includes
5.m ecessarily included
&$#!-,)'
"he rule against d uble je pardy pr tects the accused n t against the peril
sec nd punishment, but against being again tried r the same ense.
(3e ple v. Ylagan)
1*% % !+%)!# !*/+-,)'
9m irst e pardy must have attached pri r t the 2nd
gvidence seldeense am unts t ithdraal his riginal plea.
A deective c mplaint d es O" attach je pardy up n a grant a
m ti n t quash.
9 the C urt has O jurisdicti n, je pardy shall n t attach.
59m irst e pardy must have "g9A"gD
$%#%#!-,)'
D uble e pardy cann t be inv ked as a deense hen the ther case used as
the basis the irst e pardy has n t been terminated. (Bula ng v. 3e ple)
$%#%# ++/
a.m An ther pr secuti n r the ense charged.
b.m Any attempt t c mmit the same,
c.m Or rustrati n there ,
d.m Or r any
ense hich necessarily includes
r is
necessarily included in the c mplaint/in rmati n.
"an appeal by the pr secuti n r m the Order Dismissal by the
trial c urt shall n t c nstitute D uble e pardy i:
1.m Dismissal is made up n m ti n, r ith the express c nsent the
deendant.
2.m "he dismissal is n t an acquittal based up n c nsiderati n the
evidence r the merits the case.
3.m "he questi n t be passed up n by the appellate c urt is purely legal
s that sh uld the dismissal be und inc rrect, the case uld have
t be remanded t the c urt rigin r urther pr ceedings, in rder
t determine guilt/inn cence the deendant.
te: a verbal dismissal is n t inal until ritten d n and signed by the
udge.
9m "he 2nd e pardy must be r the same ense as that in the irst
rr
m
,,+
udgment Acquittal immediately inal. (decided n merits)
udgment C nvicti n inal hen the peri d r appeal has lapsed
sentence is served r right t appeal is aived r applied r pr bati n
%" ,,+
9 an accused iles t dismiss the case r lack jurisdicti n, it is made via
his n aiver, there re 1st je pardy d es O" attach.
9 there is c nsent t a pr visi nal dismissal by the accused, je pardy d es
n t attach.
rdinary appeal, actinding, certi rari, impeachment,
je pardy in:
legislati n in aid legislati n
*+#
*,"#%#(
&
Supervening gvent When the 2nd ense as n t in existence at the time
the irst pr secuti n, r the simple reas n that in such a case there is n
p ssibility r the accused t be c nvicted r an ense that as then
inexistent.
Supervening actWhere ater the irst pr secuti n, a ne act supervenes r
hich the deendant is resp nsible, hich changes the character the
ense, and, t gether ith the acts existing at the time, c nstitutes a ne
and distinct ense, there is n d uble je pardy. " determine d uble
je pardy, it is essential t pr ve the existence b th enses during the
pendency the irst pr secuti n. "he sec nd charge as inexistent in this
case at that time because the victim as still alive. "here as a supervening
act in this case calling r the amendment the in rmati n. (3e ple v. el )
But i reas n r the amendment the charge as already existing during the
irst examinati n but as n t c nsidered in the charge because the
negligence the examiner, then d uble je pardy may attach because there is
n Supervening event. (3e ple v. Buling)
$ !!#
Oenses need n t be the same, but they sh uld c me r m the same act.
hen ne act vi lates t dierent statutes r t dierent pr visi ns
a statute. 9 ne act results in 2 dierent enses, pr secuti n under ne is
n t a bar t pr secuti n under the ther.
A special la pr hibiting the illegal p ssessi n irearms, even i it pr vides
r a higher penalty i the eap n as used in a h micide/murder, d es n t
1A 2010
,,+%)%$,&$#&
gstrada cann t claim that the impeachment pr ceeding as terminated n its
merits and that there as a ailure t pr secute him. By resigning, he
c nsented t the terminati n the impeachment case against him. (gstrada v
Desiert )
55 7
gx 3 st act Pa
(a) ne hich makes an acti n d ne be re the passing the la and
hich as inn cent hen d ne criminal and punishes such acti n,
(b) hich aggravates a crime r makes it greater than hen it as
c mmitted,
(c) hich changes the punishment and inlicts a greater punishment,
(d) hich alters the legal rules evidence and receive less r dierent
testim ny than the la required at the time the c mmissi n the
ense,
(e) assumes t regulate civil rights and remedies nly but in eect
imp ses a penalty r deprivati n a right hich hen d ne as laul,
() deprives a pers n accused a crime s me laul pr tecti n t
hich he has bec me entitled.
O"g: 9t nly pr hibits retr spective penal las (las hich imp se a
penalty r prescribes a burden equivalent t a penalty)
DOgS O" apply t substantive las like the expansi n jurisdicti n
r
m
a certain c urt.
Bill Attainder a legislative act hich inlicts punishment ith ut judicial
trial
glements:
a.m "here must be a la,
b.m Which imp ses a penal burden n a named individual r
easily ascertainable members a gr up,
c.m imp sed directly by the la ith ut judicial trial.
A Pa punishing any pers n h
and by vert acts
ailiates himsel ith, bec mes r remains a member the C mmunist 3arty
r any ther similar subversive rganizati n is n t a Bill Attainder
because it d es n t dispense ith udicial determinati n the guilt the
accused. 9ntent still needs t be pr ven in c urt. (3e ple v. errer)
A bill attainder is a legislative act hich inlicts punishment ith ut judicial
trial. 9ts essence is the substituti n a legislative r a judicial determinati n
guilt.
"he gO is n t a Bill Attainder because it makes it perectly clear that any
judgment guilt in the amassing acquisiti n 'illg tten ealth' is t be
handed d n by a judicial tribunal, in this case the Sandiganbayan. (airata v.
Sandiganbayan)
"he retr active applicati n A 8249, hich expands the jurisdicti n the
Sandiganbayan, cann t be c nsidered as an la. 9t is n t a penal
la but a substantive la n jurisdicti n. Only the retr active applicati n a
penal la can be c nsidered as an la. (Pacs n v. gxecutive
Secretary)
6
6
89m
6
3
859m
3
6
89m
- ? G?
3 6
3- L
8-9m
6
m Citizenship pers nal and m re r less permanent membership in a
1A 2010
p litical c mmunity.
des Acquiring Citizenship: 1. us sanguinis n the basis bl d;
2. us s li basis place birth; 3. aturalizati n legal act
ad pting an alien and cl thing him ith the privilege a native b rn. We
ll us sanguinis and naturalizati n.
m Citizenship makes n
distincti n beteen legitimate
r illegitimate
children i lineage is clear ("ecs n v. COgPgC)
m Child b rn under the 1973 r 1987 C nstituti n ilipina m ther and an
alien ather (a) i the m ther is still a citizenship at the time birth, he is
a natural b rn (b) i the m ther has changed citizenship, need t
naturalize
m Kinds aturalizati n la: eneral, Special, ass, eneral la applied
thr ugh c mbinati n administrative pr cess and presidential legislative
pr cess, administrative
Mm 3r cedural requirements: declarati n intenti n, iling
petiti n, hearing and initial judgment, peri d pr bati n,
rehearing and inal judgment
Mm Substantive requirements: b rn r residing in the c untry
since birth, 18 years ab ve, C and believes in the
principles the c nstituti n, must received primary and
sec ndary educati n t a sch l rec gnized by DgCS, must
have kn n trade, business, pr essi n r ccupati n, able
t read, rite, speak ilipin , must have mingled ith
citizens and evinced desire t learn
A natural b rn citizen the 3hilippines h
ns dual citizenship, but n t
( r instance, a natural b rn citizen, h by $ , als
acquires alien citizenship) is deemed t have ren unced his alien citizenship
up n the iling an applicati n r a Certiicate Candidacy. (aalles v.
C melec, ercad v. anzan )
m
"he mere act that a pers n is b rn in a territ ry that ll s the rule 5
d es n t mean that he is n l nger a ilipin citizen. At the m st, it grants
him dual citizenship as l ng as ne his parents is a ilipin . (aalles v.
C melec)
*+%=%#
m aturalizati n may be by a P
(Pa best ing citizenship t
an alien), (A 9139),
r by a udicial Act
(C mm nealth Act 473)
m An Applicant r naturalizati n nder CA 473 must the strict requirements
CA 473. He cann t be granted citizenship even i he uld have been
qualiied under A 9139 (S v. epublic)
r
m
aturalizati n las sh uld be rigidly en rced and c nstrued strictly in av r
the g vernment and against the applicant.
aturalizati n requires b th substantial and pr cedural c mpliance (Ong Chia
v epublic)
9n naturalizati n pr ceedings, it is the burden the applicant t pr ve n t
nly his n g d m ral character but als the g d m ral character
his/her itnesses, h must be credible pers ns. (S v. epublic)
A naturalizati n pr ceeding is n t a judicial adversary pr ceeding, and the
decisi n rendered therein d es n t c nstitute res judicata. A certiicate
naturalizati n may be cancelled i it is subsequently disc vered that the
applicant btained it by misleading the c urt up n any material act. (S v.
epublic)
"he d ctrine $ d es n t apply t citizenship. (Pab v C melec)
9n rder r $ t apply, there must be:
1.m a pers n's citizenship must be raised as a material issue in a
c ntr versy here said pers n is a party;
2.m the S licit r eneral r his auth rized representative t k active
part in the res luti n there , and;
3.m the inding r citizenship is airmed by this C urt.
(atchalian v. B ard C mmissi ners)
%+%%#
."he
child a ilipin ather and an alien m ther is a ilipin as
l ng as paternity is clear because $
. "here is n distincti n
beteen legitimate and illegitimate children. ("ecs n v COgPgC)
1A 2010
(C v Hg")
9n ,%%#, hich is the relevant m de in this case, the rec very and
rest rati n the riginal nati nality ccurs. A natural b rn citizen h l ses
his citizenship, then applies r repatriati n is deemed t be a natural b rn
citizen. "his is in spite the pr visi n Secti n 2. (Bengs n v Hg")
6
3
3
m aturalizati n las all cancellati n certiicate i it is und t have
btained raudulently r illegally r that he vi lated c nditi ns p sed n
him. "his must be pr ven in a clear, unequiv cal and c nvincing evidence
m H may citizenship be reacquired: aturalizati n, Direct act C ngress
and epatriati n
m P ss Citizenship
Mm aturalizati n
Mm gxpress renunciati n
Mm Subscribing ath allegiance t a reign c untry
Mm Serving in the armed rces an enemy c untry
Mm Being a deserter the A3
m epatriati n rec very riginal citizenship.
Mm Deserti n the armed rces
Mm Service in the armed rced the allied rces during the
W rld War 99
Mm Service in the armed rces the S at any ther time
Mm arriage a ilipin man t an alien
Mm 3 litical and ec n mic necessity
A naturalized ilipin h c ntinues t declare 3 rtugese citizenship in
c mmercial d cuments and subsequently btains a 3 rtugese passp rt is
deemed t have expressly ren unced his 3hilippine citizenship by c ntinuing
t represent himsel as an alien. His acts are gr ssly inc nsistent ith
naturalizati n. (Yu v. Deens rSantiag )
A ilipin h naturalizes as an Australian, ren uncing his ilipin citizenship
in the pr cess, cann t validly claim that he is still a ilipin citizen because his
acquisiti n Australian citizenship as impr per. He has already validly
ren unced his ilipin citizenship, and the validity his naturalizati n is
beteen him and Australia. ntil he takes the steps necessary t validly
reacquire 3hilippine citizenship, he is disqualiied r m running r ice. (Pab
r. v C melec, 1989)
r
m
ice. (Pab
r
1A 2010
m
m Surage right t v te in electi n
m " acquire ne d micile: (1) residence r b dily presence in the ne
l cality, (2) an intenti n t remain there, (3) intenti n t aband n the ld
d micile
m t qualiy t
v te: th se sentence by inal judgment t
suer
impris nment n t less than ne year but shall aut matically reacquire
the right up n expirati n ive years ater service sentence, any
pers n adjudged by inal c nvicti n vi lating his allegiance, insane r
eebleminded pers ns.
" be sure, the right surage is n t at all abs lute. eedless t say, the
exercise the right surage, as in the enj yment all ther rights, is
subject t existing substantive and pr cedural requirements emb died in ur
C nstituti n, statute b ks and ther rep sit ries la. As t the pr cedural
limitati n, the right a citizen t v te is necessarily c nditi ned up n certain
pr cedural requirements he must underg : am ng thers, the pr cess
registrati n.
3r ceeding r m the signiicance registrati n as a necessary requisite t the
right t v te, the State, in the exercise its inherent p lice p er, may then
enact las t saeguard and regulate the act v ters registrati n r the
ultimate purp se c nducting h nest, rderly and peaceul electi n, t the
incidental yet generally imp rtant end, that even preelecti n activities c uld
be per rmed by the duly c nstituted auth rities in a realistic and rderly
manner. (Akbayan v. C melec; the C urt deending C melecs ban r
registrati n 120 days be re the electi n)
A pers n h
r
m
ut
1A 2010
empl yment pp rtunities r all." Similarly, the Pab r C de pr vides that the
State shall "ensure equal rk pp rtunities regardless sex, race r creed."
9t uld be an ar nt t b th the spirit and letter these pr visi ns the
State, i in spite its prim rdial bligati n t pr m te and ensure equal
empl yment pp rtunities, it cl ses its eyes t unequal and discriminat ry
terms and c nditi ns empl yment. (9nternati nal Sch l Alliance
gducat rs v. Quisumbing)
m
m
m
" acquire ne d micile: (1) residence r b dily presence in the ne
l cality, (2) an intenti n t remain there, (3) intenti n t aband n the ld
d micile
&%# 5 "he pr m ti n s cial justice shall include the c mmitment t
create ec n mic pp rtunities based n reed m initiative and selreliance.
&%# "he State shall a rd ull pr tecti n t lab r, l cal and verseas,
rganized and un rganized, and pr m te ull empl yment and equality
empl yment pp rtunities r all.
9t shall guarantee the rights all rkers t sel rganizati n, c llective
bargaining and neg tiati ns, and peaceul c ncerted activities, including the
right t strike in acc rdance ith la. "hey shall be entitled t security
tenure, humane c nditi ns rk, and a living age. "hey shall als
participate in p licy and decisi nmaking pr cesses aecting their rights and
beneits as may be pr vided by la.
"he State shall pr m te the principle shared resp nsibility beteen rkers
and empl yers and the preerential use v luntary m des in settling
disputes, including c nciliati n, and shall en rce their mutual c mpliance
thereith t ster industrial peace.
"he State shall regulate the relati ns beteen rkers and empl yers,
rec gnizing the right lab r t its just share in the ruits pr ducti n and
the right
enterprises t
reas nable returns t
investments, and t
expansi n and gr th.
3
&%# - "he State shall, by la, undertake an agrarian re rm pr gram
unded n the right armers and regular arm rkers h are landless, t
n directly r c llectively the lands they till r, in the case ther arm
rkers, t receive a just share the ruits there . " this end, the State
shall enc urage and undertake the just distributi n all agricultural lands,
subject t such pri rities and reas nable retenti n limits as the C ngress may
prescribe, taking int
acc unt ec l gical, devel pmental,
r equity
m
1A 2010
m
&%# ? "he State shall pr tect the rights subsistence ishermen,
especially l cal c mmunities, t the preerential use the c mmunal
marine and ishing res urces, b th inland and sh re. 9t shall pr vide
supp rt t such ishermen thr ugh appr priate techn l gy and research,
adequate inancial, pr ducti n, and marketing assistance, and ther services.
"he State shall als pr tect, devel p, and c nserve such res urces. "he
pr tecti n shall extend t
sh re ishing gr unds subsistence ishermen
against reign intrusi n. ish rkers shall receive a just share r m their
lab r in the utilizati n marine and ishing res urces.
&%# @ "he State shall pr vide incentives t land ners t invest the
pr ceeds
the agrarian re rm pr gram t
pr m te industrializati n,
empl yment creati n, and privatizati n public sect r enterprises. inancial
instruments used as payment r their lands shall be h n red as equity in
enterprises their ch ice.
m "here sh uld be mutual beneicial relati nship beteen industrializati n
and agrarian re rm. Agrarian re rm must unl ck the idle ealth hidden
in the land and industrializati n uld pr vide r impr vement
&%# r "he State shall rec gnize the right armers, arm rkers, and
land ners, as ell as c peratives, and
ther independent armers'
rganizati ns t participate in the planning, rganizati n, and management
the pr gram, and shall pr vide supp rt t agriculture thr ugh appr priate
techn l gy and research, and adequate inancial, pr ducti n, marketing, and
ther supp rt services.
&%# "he State shall apply the principles agrarian re rm r
steardship, henever applicable in acc rdance ith la, in the disp siti n r
utilizati n ther natural res urces, including lands the public d main
under lease r c ncessi n suitable t agriculture, subject t pri r rights,
h mestead rights small settlers, and the rights indigen us c mmunities
t their ancestral lands. "he State may resettle landless armers and
arm rkers in its n agricultural estates hich shall be distributed t them
in the manner pr vided by la.
3
&%# G "he State shall, by la, and r the c mm n g d, undertake, in
c perati n ith the private sect r, a c ntinuing pr gram urban land
re rm and h using hich ill make available at a rdable c st, decent
h using and basic services t underprivileged and h meless citizens in urban
centers and resettlement areas. 9t shall als pr m te adequate empl yment
pp rtunities t such citizens. 9n the implementati n such pr gram the
State shall respect the rights small pr perty ners.
m gvicti n must be d ne in acc rdance ith la that is ith dye pr cess.
Due pr cesses n t necessarily judicial pr cess. 9t can als
be
administrative
m gvicti n and dem liti n the pers n must be acc rded due pr cess r an
pp rtunity t c ntr vert the allegati n that his r her ccupati n r
p ssessi n inv lved is unlaul r against the ill the ner
&%# J rban r rural p r dellers shall n t be evicted n r their
delling dem lished, except in acc rdance ith la and in a just and humane
manner. resettlement urban r rural dellers shall be undertaken
ith ut adequate c nsultati n ith them and the c mmunities here they are
t be rel cated.
3##!"%&%#.What is meant by "in acc rdance ith la" and "just
and humane manner" is that the pers n t be evicted be acc rded due
pr cess r an pp rtunity t c ntr vert the allegati n that his r her
ccupati n r p ssessi n the pr perty inv lved is unlaul r against the
ill the land ner; that sh uld the illegal r unlaul ccupati n be pr ven,
the ccupant be suiciently n tiied be re actual evicti n r dem liti n is
d ne; and that there be n l ss lives, physical injuries r unnecessary l ss
6
m
1A 2010
4.m "he appr ved annual appr priati ns the C mmissi n shall be
aut matically and regularly released.
&%#@"he C mmissi n n Human ights shall have the ll ing
p ers and uncti ns:
1.m 9nvestigate, n its n r n c mplaint by any party, all rms
human rights vi lati ns inv lving civil and p litical rights;
2.m Ad pt its perati nal guidelines and rules pr cedure, and cite r
c ntempt r vi lati ns there in acc rdance ith the ules C urt;
3.m 3r vide appr priate legal measures r the pr tecti n human rights
all pers ns ithin the 3hilippines, as ell as ilipin s residing
abr ad, and pr vide r preventive measures and legal aid services t
the underprivileged h se human rights have been vi lated r need
pr tecti n;
4.m gxercise visit rial p ers ver jails, pris ns, r detenti n acilities;
5.m gstablish a c ntinuing pr gram
research, educati n, and
in rmati n t enhance respect r the primacy human rights;
6.m ec mmend t C ngress eective measures t pr m te human rights
and t pr vide r c mpensati n t victims vi lati ns human
rights, r their amilies;
7.m nit r the 3hilippine vernment's c mpliance ith internati nal
treaty bligati ns n human rights;
8.m rant immunity r m pr secuti n t any pers n h se testim ny r
h se p ssessi n d cuments r ther evidence is necessary r
c nvenient t determine the truth in any investigati n c nducted by
it r under its auth rity;
9.m equest the assistance any department, bureau, ice, r agency
in the per rmance its uncti ns;
10.m App int its icers and empl yees in acc rdance ith la; and
11.m 3er rm such ther duties and uncti ns as may be pr vided by la.
"he C nstituti n did n t intend the CH t be an ther c urt r quasijudicial
agency. "he m st that may be c nceded t it is that it may
(i.e.,
receive evidence and make indings act as regards claimed human rights
vi lati ns inv lving civil and p litical rights. But actinding is n t adjudicati n
and cann t be likened t the judicial uncti n a c urt justice, r even a
quasijudicial agency r icial. "he uncti n receiving evidence and
ascertaining therer m acts a c ntr versy is n t a judicial uncti n,
pr perly speaking.
" be c nsidered as such, it must be acc mpanied by the auth rity applying
the la t th se actual c nclusi ns t the end that the c ntr versy may be
decided r determined auth ritatively, inally and deinitively, subject t
appeals r m des revie as may be pr vided by la. *
0 (Carin v. C mmissi n n Human ights)
"#%" $ * #) +(+ %) "%& . "he c nstituti nal pr visi n
directing the CH t "pr vide r preventive measures and legal aid services
1A 2010
m
&%# "he State shall pr tect and pr m te the right all citizens t
quality educati n at all levels, and shall take appr priate steps t make such
educati n accessible t all.
m Characteristic gducati nal System (1) quality educati n (2) a rdable
(3) relevant t the needs the pe ple and s ciety
m ight t quality educati n is n t abs lute but subject t air, reas nable
and equitable admissi n and academic requirement
m eneral ule: sch ls may n t take disciplinary acti ns r act c mmitted
utside campus unless (1) i it is a sch l sp ns red activities r (2) the
misc nduct aects the students status r the g d name r reputati n
the sch l
%#+3)%&+)$% %# .9t is the right and indeed the
resp nsibility the State t insure that the medical pr essi n is n t
iniltrated by inc mpetents t h m patients may unarily entrust their lives
and health.
"he threelunk rule is a valid exercise
p lice p er. *
upheld the c nstituti nality the A" as a measure intended t
limit the admissi n t medical sch ls nly t th se h have initially pr ved
their c mpetence and preparati n r a medical educati n.
"he right t quality educati n inv ked by the private resp ndent is #
/ +* "he C nstituti n als pr vides that "every citizen has the right t
ch se a pr essi n r c urse study, subject t air, reas nable and
equitable admissi n and academic requirements. (DgCS v. San Dieg )
&%#5"he State shall:
1.m gstablish, maintain, and supp rt a c mplete, adequate, and
integrated system educati n relevant t the needs the pe ple
and s ciety;
2.m gstablish and maintain, a system ree public educati n in the
elementary and high sch l levels. With ut limiting the natural rights
parents t rear their children, elementary educati n is c mpuls ry
r all children sch l age;
3.m gstablish and maintain a system sch larship grants, student l an
pr grams, subsidies, and ther incentives hich shall be available t
deserving students in b th public and private sch ls, especially t
the underprivileged;
4.m gnc urage n n rmal, in rmal, and indigen us learning systems, as
ell as sellearning, independent, and ut sch l study pr grams
particularly th se that resp nd t c mmunity needs; and
5.m 3r vide adult citizens, the disabled, and ut sch l y uth ith
training in civics, v cati nal eiciency, and ther skills.
&%#
1A 2010
1.m All educati nal instituti ns shall include the study the C nstituti n
as part the curricula.
2.m "hey shall inculcate patri tism and nati nalism, ster l ve
humanity, respect r human rights, appreciati n the r le
nati nal her es in the hist rical devel pment the c untry, teach
the rights and duties citizenship, strengthen ethical and spiritual
values, devel p m ral character and pers nal discipline, enc urage
critical and creative thinking, br aden scientiic and techn l gical
kn ledge, and pr m te v cati nal eiciency.
3.m At the pti n expressed in riting by the parents r guardians,
religi n shall be all ed t be taught t their children r ards in
public elementary and high sch ls ithin the regular class h urs by
instruct rs designated r appr ved by the religi us auth rities the
religi n t hich the children r ards bel ng, ith ut additi nal c st
t the vernment.
&%#-
1.m "he State rec gnizes the c mplementary r les public and private
instituti ns in the educati nal system and shall exercise reas nable
supervisi n and regulati n all educati nal instituti ns.
2.m gducati nal instituti ns, ther than th se established by religi us
gr ups and missi n b ards, shall be ned s lely by citizens the
3hilippines r c rp rati ns r ass ciati ns at least sixty per centum
the capital hich is ned by such citizens. "he C ngress may,
h ever, require increased ilipin
equity participati n in all
educati nal instituti ns. "he c ntr l and administrati n educati nal
instituti ns shall be vested in citizens
the 3hilippines.
educati nal instituti n shall be established exclusively r aliens
and n gr up aliens shall c mprise m re than nethird the
enr llment in any sch l. "he pr visi ns this sub secti n shall n t
apply t sch ls established r reign dipl matic pers nnel and their
dependents and, unless therise pr vided by la, r ther reign
temp rary residents.
3.m All revenues and assets
n nst ck, n npr it educati nal
instituti ns used actually, directly, and exclusively r educati nal
purp ses shall be exempt r m taxes and duties. p n the diss luti n
r cessati n the c rp rate existence such instituti ns, their
assets shall be disp sed
in the manner pr vided by la.
3r prietary educati nal instituti ns, including th se c peratively
ned, may likeise be entitled t such exempti ns, subject t the
limitati ns pr vided by la, including restricti ns n dividends and
pr visi ns r reinvestment.
m
m
&%#r
1.m the State shall take int acc unt regi nal and sect ral needs and
c nditi ns and shall enc urage l cal planning in the devel pment
educati nal p licies and pr grams.
2.m Academic reed m shall be enj yed in all instituti ns higher
learning.
3.m gvery citizen has a right t select a pr essi n r c urse study,
subject t air, reas nable, and equitable admissi n and academic
requirements.
4.m "he State shall enhance the right
teachers t
pr essi nal
advancement. nteaching academic and n nacademic pers nnel
shall enj y the pr tecti n the State.
5.m "he State shall assign the highest budgetary pri rity t educati n and
ensure that teaching ill attract and retain its rightul share the
best available talents thr ugh adequate remunerati n and ther
means j b satisacti n and ulillment.
"he #%+!)$ include:
a.m Wh may teach
b.m What may be taught
c.m H it shall be taught
d.m Wh may be admitted t study (includes h may be
expelled r h may n t be admitted)
"he right the sch l t discipline is included in the third and urth reed m.
9t is n t nly a right the instituti n, but a duty t devel p discipline in its
students.
"he p er the sch l t investigate is an adjunct its p er t suspend r
expel. 9t is a necessary c r llary t the en rcement rules and regulati ns
and the maintenance a sae and rderly educati nal envir nment c nducive
t learning. (iriam C llege v. CA)
Academic reed m instituti ns higher learning is rec gnized by the
C nstituti n. "he sch l decides r itsel its aims and bjectives and h best
t attain them. 9t is ree r m utside c erci n r intererence save p ssibly
hen the verriding public elare calls r s me restraint. 9t has a ide
sphere aut n my certainly extending t the ch ice students.
"he internal c nditi ns r academic reed m in a university are that the
academic sta sh uld have de act c ntr l the ll ing uncti ns: (i) the
1A 2010
r
m
1A 2010