You are on page 1of 103

POLITICAL LAW REVIEW

Atty. Adonis Gabriel

CASE DOCTRINES

Caveat: NOT for recit purposes


Amat Victoria Curam

THE CONSTITUTION OF THE PHILIPPINES e. A constitutional provision is self-executing if the nature and extent of
the right conferred and the liability imposed are fixed by the constitution
1. De Leon vs. Esguerra “Consti Ratification” itself, so that they can be determined by an examination and construction
[G.R. No. 78059, August 31, 1987] of its terms, and there is no language indicating that the subject is referred
to the legislature for action.
a. The act of ratification is the act of voting by the people. So that is the
date of the ratification and that “the canvass thereafter of the votes is f. In case of doubt, the Constitution should be considered self-executing
merely the mathematical confirmation of what was done during the date rather than non-self-executing. Unless the contrary is clearly intended, the
of the plebiscite and the proclamation of the President is merely the provisions of the Constitution should be considered self-executing, as a
official confirmatory declaration of an act which was actually done by the contrary rule would give the legislature discretion to determine when, or
Filipino people in adopting the Constitution when they cast their votes on whether, they shall be effective.
the date of the plebiscite.”
3. Francisco vs. House of Representatives “Impeachment Proceedings”
2. Manila Prince Hotel vs. GSIS “Manila Hotel Bidding” [G.R. No. 160261, Nov 10, 2003]
[G.R. No. 122156, February 3, 1997]
a. Verba Legis
a. A constitution is a system of fundamental laws for the governance and Words in which constitutional provisions are couched are to be given their
administration of a nation. It is supreme, imperious, absolute and ordinary meaning except where technical terms are employed in which
unalterable except by the authority from which it emanates. case the significance thus attached to them prevails. As the Constitution
is not primarily a lawyer’s document, it being essential for the rule of law
b. The constitution prescribes the permanent framework of a system of to obtain that it should ever be present in the people’s consciousness, its
government, assigns to the different departments their respective powers language as much as possible should be understood in the sense they have
and duties, and establishes certain fixed principles on which government in common use.
is founded.
b. Ratio legis est anima
c. A constitution is a supreme law to which all other laws must conform The Court in construing a Constitution should bear in mind the object
and in accordance with which all private rights must be determined and sought to be accomplished by its adoption, and the evils, if any, sought to
all public authority administered. be prevented or remedied. A doubtful provision will be examined in the
light of the history of the times, and the condition and circumstances
d. Doctrine of Constitutional Supremacy under which the Constitution was framed.
Under the doctrine of constitutional supremacy, if a law or contract
violates any norm of the constitution that law or contract whether c. Ut magis valeat quam pereat
promulgated by the legislative or by the executive branch or entered into The court must harmonize them (provisions), if practicable, and must lean
by private persons for private purposes is null and void and without any in favor of a construction which will render every word operative, rather
force and effect. Thus, since the Constitution is the fundamental, than one which may make the words idle and nugatory.
paramount and supreme law of the nation, it is deemed written in every
statute and contract. d. While it is permissible in this jurisdiction to consult the debates and
proceedings of the constitutional convention in order to arrive at the

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 2
Amat Victoria Curam

reason and purpose of the resulting Constitution, resort thereto may be certification by the Commission on Elections of the sufficiency of the
had only when other guides fail as said proceedings are powerless to vary petition.
the terms of the Constitution when the meaning is clear.
4. Gonzales vs. COMELEC “ConAss/ConCon”
ARTICLE XVII [G.R. No. L-28196, November 9, 1967]
AMENDMENTS OR REVISIONS
SECTION 1. Any amendment to, or revision of, this Constitution a. The Congress may propose amendments to the Constitution or call a
may be proposed by: convention for that purpose at the same time. The term “or” has,
(1) The Congress, upon a vote of three-fourths of all its Members, or oftentimes, been held to mean “and,” or vice-versa, when the spirit or
(2) A constitutional convention. context of the law warrants it.

SECTION 2. Amendments to this Constitution may likewise be b. There is in this provision nothing to indicate that the “election” therein
directly proposed by the people through initiative upon a petition of referred to is a “special,” not a general, election. The circumstance that
at least twelve per centum of the total number of registered voters, of three previous amendments to the Constitution had been submitted to the
which every legislative district must be represented by at least three people for ratification in special elections does not negate its authority to
per centum of the registered voters therein. No amendment under submit proposed amendments for ratification in general elections.
this section shall be authorized within five years following the
ratification of this Constitution nor oftener than once every five years 5. Imbong vs. COMELEC “Implementing Details”
thereafter. [G.R. No. L-32432, September 11, 1970]

The Congress shall provide for the implementation of the exercise of a. The grant to Congress as a Constituent Assembly of such plenary
this right. authority to call a constitutional convention includes, by virtue of the
doctrine of necessary implication, all other powers essential to the
SECTION 3. The Congress may, by a vote of two-thirds of all its effective exercise of the principal power granted.
Members, call a constitutional convention, or by a majority vote of
all its Members, submit to the electorate the question of calling such b. Implementing details are matters within the competence of Congress in
a convention. the exercise of its comprehensive legislative power.

SECTION 4. Any amendment to, or revision of, this Constitution c. When Congress, acting as a Constituent Assembly, omits to provide for
under Section 1 hereof shall be valid when ratified by a majority of implementing details after calling a constitutional convention, Congress,
the votes cast in a plebiscite which shall be held not earlier than sixty acting as a legislative body, can enact the necessary implementing
days nor later than ninety days after the approval of such amendment legislation to fill in the gaps.
or revision.
6. Occena vs. COMELEC “Propose amendments”
Any amendment under Section 2 hereof shall be valid when ratified [G.R. No. 56350, April 2, 1981]
by a majority of the votes cast in a plebiscite which shall be held not
earlier than sixty days nor later than ninety days after the a. The 1973 Constitution in its Transitory Provisions vested the Interim
National Assembly with the power to propose amendments upon special

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 3
Amat Victoria Curam

call by the Prime Minister by a vote of the majority of its members to be 8. Sanldad vs. COMELEC “Marcos Usurpation”
ratified in accordance with the Article on Amendments. [G.R. No. L-44640, October 12, 1976]

b. Whether the Constitutional Convention will only propose amendments a. There are moments in the life of any government when all powers must
to the Constitution or entirely overhaul and propose an entirely new work together in unanimity of purpose and action, even if this means the
Constitution based on an ideology foreign to the democratic system, is of temporary union of executive, legislative, and judicial power in the hands
no moment; because the same will be submitted to the people for of one man. The more complete the separation of powers in a
ratification. constitutional system, the more difficult and yet the more necessary will
be their fusion in time of crisis.
c. Once ratified by the sovereign people, there can be no debate about the
validity of the new Constitution. A constituent body can propose anything b. If the President has been legitimately discharging the legislative
but conclude nothing. functions of the interim Assembly, there is no reason why he cannot
validly discharge the function of that Assembly to propose amendments
d. The Interim Batasang Pambansa, sitting as a constituent body, can to the Constitution, which is but adjunct, although peculiar, to its gross
propose amendments. In that capacity, only a majority vote is needed. legislative power.

7. Tolentino vs. COMELEC “Reduce voting age” c. The constituent body or in the instant cases, the President, may fix the
[G.R. No. L~34150, October 16, 1971] time within which the people may act. This is because, first, proposal and
ratification are not treated as unrelated acts, but as succeeding steps in a
a. When acting as a constituent assembly, the members of Congress derive single endeavor, the natural inference being that they are not to be widely
their authority from the Constitution, unlike the people, when performing separated in time; second, it is only when there is deemed to be a necessity
the same function, for their authority does not emanate from the therefor that amendments are to be proposed, the reasonable implication
Constitution—they are the very source of all powers of government being that when proposed, they are to be considered and disposed of
including the Constitution itself. presently, and third, ratification is but the expression of the approbation
of the people, hence, it must be done contemporaneously.
b. “Such amendments shall be valid as part of this Constitution when
approved by a majority of the votes cast at an election at which the 9. Province of Cotabato vs. The Gov't. of the RP Peace Panel on
amendments are submitted to the people for their ratification,” thus Ancestral Domain “Peace Talks”
leaving no room for doubt as to how many “elections” or plebiscites may [G.R. No. 183591, October 14, 2008]
be held to ratify any amendment or amendments proposed by the same
constituent assembly of Congress or convention, and the provision a. The President—in the course of conducting peace negotiations—may
unequivocably says “an election” which means only one. validly consider implementing even those policies that require changes to
the Constitution, but she may not unilaterally implement them without the
c. In order that a plebiscite for the ratification of an amendment to the intervention of Congress, or act in any way as if the assent of that body
Constitution may be validly held, it must provide the voter not only were assumed as a certainty.
sufficient time but ample basis for an intelligent appraisal of the nature of
the amendment per se as well as its relation to the other parts of the b. The President cannot guarantee to any third party that the required
Constitution with which it has to form a harmonious whole. amendments will eventually be put in place, nor even be submitted to a

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 4
Amat Victoria Curam

plebiscite. The most she could do is submit these proposals as d. There is a revision if the change alters the substantial entirety of the
recommendations either to Congress or the people, in whom constituent constitution, as when the change affects substantial provisions of the
powers are vested. constitution. On the other hand, amendment broadly refers to a change
that adds, reduces, or deletes without altering the basic principle involved.
c. The recommendations may amount to nothing more than the
President’s suggestions to the people, for any further involvement in the e. Quantitative Test
process of initiative by the Chief Executive may vitiate its character as a It asks whether the proposed change is “so extensive in its provisions as
genuine “people’s initiative.” The only initiative recognized by the to change directly the ‘substantial entirety’ of the constitution by the
Constitution is that which truly proceeds from the people. deletion or alteration of numerous existing provisions.” The court
examines only the number of provisions affected and does not consider
10. Santiago vs. COMELEC “People’s Initiative” the degree of the change.
[G.R. No. 127325, March 19, 1997]
f. Qualitative Test
a. Without implementing legislation Section 2 cannot operate. The right It inquires into the qualitative effects of the proposed change in the
of the people to directly propose amendments to the Constitution through constitution. The main inquiry is whether the change will “accomplish
the system of initiative would remain entombed in the cold niche of the such far reaching changes in the nature of our basic governmental plan as
Constitution until Congress provides for its implementation. to amount to a revision.” Whether there is an alteration in the structure of
government is a proper subject of inquiry.
11. Lambino vs. COMELEC “Amendment/Revision”
[G.R. No. 174153, October 25, 2006] THE CONCEPT OF THE STATE
a. The essence of amendments “directly proposed by the people through
initiative upon a petition” is that the entire proposal on its face is a petition 1. Collector of Internal Revenue vs. Campos Rueda “Foreign Country”
by the people. This means two essential elements must be present. First, [G.R. No. L-13250, Oct 29, 1971]
the people must author and thus sign the entire proposal. No agent or
representative can sign on their behalf. Second, as an initiative upon a a. If a foreign country is to be identified with a state, it is required in line
petition, the proposal must be embodied in a petition. with Pound’s formulation that it be a politically organized sovereign
community independent of outside control bound by ties of nationhood,
b. An amendment is “directly proposed by the people through initiative legally supreme within its territory, acting through a government
upon a petition” only if the people sign on a petition that contains the full functioning under a regime of law. It is thus a sovereign person with the
text of the proposed amendments. people composing it viewed as an organized corporate society under a
government with the legal competence to exact obedience to its
c. A people’s initiative to change the Constitution applies only to an commands.
amendment of the Constitution and not to its revision. In contrast,
Congress or a constitutional convention can propose both amendments b. International law does not exact independence as a condition of
and revisions to the Constitution. statehood.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 5
Amat Victoria Curam

ARTICLE I e. The imposition of the right to innocent passage and sea lanes passage
NATIONAL TERRITORY through archipelagic waters under UNCLOS III was a concession by
archipelagic States, in exchange for their right to claim all the waters
The national territory comprises the Philippine archipelago, with all landward of their baselines, regardless of their depth or distance from the
the islands and waters embraced therein, and all other territories coast, as archipelagic waters subject to their territorial sovereignty.
over which the Philippines has sovereignty or jurisdiction, consisting
of its terrestrial, fluvial, and aerial domains, including its territorial f. Far from surrendering the Philippines’ claim over the KIG and the
sea, the seabed, the subsoil, the insular shelves, and other submarine Scarborough Shoal, Congress’ decision to classify them as “‘Regimes of
areas. The waters around, between, and connecting the islands of the Islands’ under the Republic of the Philippines consistent with Article
archipelago, regardless of their breadth and dimensions, form part 121” of UNCLOS III manifests the Philippine State’s responsible
of the internal waters of the Philippines. observance of its pacta sunt servanda obligation under UNCLOS III.

2. Magallona vs. Ermita “UNCLOS” g. Absent an UNCLOS III compliant baselines law, an archipelagic State
[G.R. No. 187167, July 16, 2011] like the Philippines will find itself devoid of internationally acceptable
baselines from where the breadth of its maritime zones and continental
a. UNCLOS III has nothing to do with the acquisition (or loss) of territory. shelf is measured. This is recipe for a two-fronted disaster: first, it sends
It is a multilateral treaty regulating, among others, sea-use rights over an open invitation to the seafaring powers to freely enter and exploit the
maritime zones, contiguous zone, exclusive economic zone, and resources in the waters and submarine areas around our archipelago; and
continental shelves that UNCLOS III delimits. second, it weakens the country’s case in any international dispute over
Philippine maritime space.
b. Baselines laws such as RA 9522 are enacted by UNCLOS III States
parties to mark-out specific basepoints along their coasts from which 3. Bacani vs. NACOCO “Constituent/Ministrant”
baselines are drawn, either straight or contoured, to serve as geographic [G.R. No. L-9657, November 29, 1956]
starting points to measure the breadth of the maritime zones and
continental shelf. a. The term “Government” may be defined as “that institution or
aggregate of institutions by which an independent society makes and
c. Baselines laws give notice to the rest of the international community of carries out those rules of action which are necessary to enable men to live
the scope of the maritime space and submarine areas within which States in a social state, or which are imposed upon the people forming that
parties exercise treaty-based rights, namely, the exercise of sovereignty society by those who possess the power or authority of prescribing them.”
over territorial waters, the jurisdiction to enforce customs, fiscal,
immigration, and sanitation laws in the contiguous zone, and the right to b. Constituent functions are those which constitute the very bonds of
exploit the living and non-living resources in the exclusive economic zone society and are compulsory in nature; ministrant functions are those that
and continental shelf. are undertaken only by way of advancing the general interests of society,
and are merely optional.
d. A maritime delineation binds the international community since the
delineation is in strict observance of UNCLOS III. If the maritime c. The term “Government of the Republic of the Philippines” refers only
delineation is contrary to UNCLOS III, the international community will to that government entity through which the functions of the government
of course reject it and will refuse to be bound by it. are exercised as an attribute of sovereignty, and in this are included those

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 6
Amat Victoria Curam

arms through which political authority is made effective whether they be (1) Government de facto in a proper legal sense, is that government that
provincial, municipal or other form of local government. These are what gets possession and control of, or usurps, by force or by the voice of the
we call municipal corporations. They do not include government entities majority, the rightful legal government and maintains itself against the
which are given a corporate personality separate and distinct from the will of the latter;
government and which are governed by the Corporation Law. (2) That which is established and maintained by military forces who
invade and occupy a territory of the enemy in the course of war, and which
4. PVTA vs. CIR “Growing complexities of modern society” is denominated a government of paramount force; and
[G.R. No. L-32052, July 25, 1975] (3) That established as an independent government by the inhabitants of
a country who rise in insurrection against the parent state.
a. The growing complexities of modern society have rendered this
traditional classification of the functions of government quite unrealistic, c. According to the precepts of the Hague Conventions, as the belligerent
not to say obsolete. The areas which used to be left to private enterprise occupant has the right and is burdened with the duty to insure public order
and initiative and which the government was called upon to enter and safety during his military occupation, he possesses all the powers of
optionally, and only ‘because it was better equipped to administer for the a de facto government, and he can suspend the old laws and promulgate
public welfare than is any private individual or group of individuals,’ new ones and make such changes in the old as he may see fit, but he is
continue to lose their well-defined boundaries and to be absorbed within enjoined to respect, unless absolutely prevented by the circumstances
activities that the government must undertake in its sovereign capacity if prevailing in the occupied territory, the municipal laws in force in the
it is to meet the increasing social challenges of the times. country, that is, those laws which enforce public order and regulate the
social and commercial life of the country.
5. Gov’t of the Philippine Islands vs. Monte de Piedad “Parens Patriae”
[G.R. No. 9959, December 13, 1916] d. Laws of a political nature or affecting political relations, such as,
among others, the right of assembly, the right to bear arms, the freedom
a. In this country, the legislature or government of the State, as parens of the press, and the right to travel freely in the territory occupied, are
patriae, has the right to enforce all charities of a public nature, by virtue considered as suspended or in abeyance during the military occupation.
of its general superintending authority over the public interests, where no
other person is entrusted with it. It is a most beneficient function, and e. In practice, the local ordinary tribunals are authorized to continue
often necessary to be exercised in the interest of humanity, and for the administering justice; and the judges and other judicial officers are kept
prevention of injury to those who cannot protect themselves. in their posts if they accept the authority of the belligerent occupant or are
required to continue in their positions under the supervision of the military
6. Co Kim Cham vs. Valdez Tan Keh “De Facto Government” or civil authorities appointed by the Commander in Chief of the occupant.
[G.R. No. L-5, November 16, 1945]
f. The municipal laws of the conquered territory, such as affect private
a. It is a legal truism in political and international law that all acts and rights of person and property and provide for the punishment of crime,
proceedings of the legislative, executive, and judicial departments of a de are considered as continuing in force, so far as they are compatible with
facto government are good and valid. the new order of things, until they are suspended or superseded by the
occupying belligerent; and in practice they are not usually abrogated, but
b. There are several kinds of de facto governments. are allowed to remain in force and to be administered by the ordinary
tribunals, substantially as they were before the occupation.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 7
Amat Victoria Curam

g. As courts are creatures of statutes and their existence depends upon that b. The occupant has no power to repeal or suspend the operation of the
of the laws which create and confer upon them their jurisdiction, it is law of treason, essential for the preservation of the allegiance owed by the
evident that such laws, not being of a political nature, are not abrogated inhabitants to their legitimate government, or compel them to adhere and
by a change of sovereignty, and continue in force "ex proprio vigore" give aid and comfort to him; because it is evident that such action is not
unless and until repealed by legislative acts. demanded by the exigencies of the military service or not necessary for
the control of the inhabitants and the safety and protection of his army,
h. A proclamation that laws and courts are expressly continued is not and because it is tantamount to practically transfer temporarily to the
necessary in order that they may continue in force. Such proclamation, if occupant their allegiance to the titular government or sovereign.
made, is but a declaration of the intention of respecting and not repealing
those laws. c. Adoption of the theory of suspended allegiance would lead to disastrous
consequences for small and weak nations or states, and would be
7. People vs. Gozo “US Military Bases” repugnant to the laws of humanity and requirements of public conscience,
[G.R. No. L-36409, October 26, 1973] for it would allow invaders to legally recruit or enlist the Quisling
inhabitants of the occupied territory to fight against their own government
a. Doctrine of Auto-Limitation without the latter incurring the risk of being prosecuted for treason, and
Any state may, by its consent, express or implied, submit to a restriction even compel those who are not to aid them in their military operation
of its sovereign rights. There may thus be a curtailment of what otherwise against the resisting enemy forces in order to completely subdue and
is a power plenary in character. A state then, if it chooses to, may refrain conquer the whole nation, and thus deprive them all of their own
from the exercise of what otherwise is illimitable competence. independence or sovereignty.

b. The government is not precluded from allowing another power to 9. Ruffy vs. Chief of Staff “Court Martial”
participate in the exercise of jurisdictional right over certain portions of [G.R. No. L-533, August 20, 1946]
its territory. If it does so, it by no means follows that such areas become
impressed with an alien character. They retain their status as native soil. a. The rule that laws of political nature or affecting political relations are
They are still subject to its authority. Its jurisdiction may be diminished, considered superseded or in abeyance during the military occupation, is
but it does not disappear. intended for the governing of the civil inhabitants of the occupied
territory. It is not intended for and does not bind the enemies in arms.
8. Laurel vs. Misa “Treason”
[G.R. No. L-409, January 30, 1947] DOCTRINE OF STATE IMMUNITY
a. The absolute and permanent allegiance of the inhabitants of a territory ARTICLE XVI
occupied by the enemy to their legitimate government or sovereign is not SECTION 3. The State may not be sued without its consent.
abrogated or severed by the enemy occupation, because the sovereignty
of the government or sovereign de jure is not transferred thereby to the 1. Sanders vs. Veridiano “US Officers”
occupier, and if it is not transferred to the occupant it must necessarily [G.R. No. L-46930, June 10, 1988]
remain vested in the legitimate government.
a. The mere allegation that a government functionary is being sued in his
personal capacity will not automatically remove him from the protection

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 8
Amat Victoria Curam

of the law of public officers and, if appropriate, the doctrine of state 3. Festejo vs. Fernando “Irrigation Canal”
immunity. [G.R. No. L-5156, March 11, 1954]

b. The mere invocation of official character will not suffice to insulate a. If an officer, even while acting under color of his office, exceeds the
him from suability and liability for an act imputed to him as a personal power conferred on him by law, he cannot shelter himself under the plea
tort committed without or in excess of his authority. that he is a public agent.

c. These well-settled principles are applicable not only to the officers of 4. United States vs. Guinto “4 Consolidated Cases”
the local state but also where the person sued in its courts pertains to the [G.R. No. 76607, February 26, 1990]
government of a foreign state.
a. The doctrine of state immunity is based on the justification given by
2. Republic vs. Sandoval “Mendiola Massacre” Justice Holmes that “there can be no legal right against the authority
[G.R. No. 84607, March 19, 1993] which makes the law on which the right depends.”

a. The recommendation made by the Commission regarding b. In the case of the foreign state sought to be impleaded in the local
indemnification of the heirs of the deceased and the victims of the incident jurisdiction, the added inhibition is expressed in the maxim par in parem,
by the government does not in any way mean that liability automatically non habet imperium. All states are sovereign equals and cannot assert
attaches to the State. jurisdiction over one another. A contrary disposition would “unduly vex
the peace of nations.”
b. Some instances when a suit against the State is proper are:
(1) When the Republic is sued by name; c. The doctrine is sometimes derisively called “the royal prerogative of
(2) When the suit is against an unincorporated government agency; and dishonesty” because of the privilege it grants the state to defeat any
(3) When the suit is on its face against a government officer but the case legitimate claim against it by simply invoking its non-suability.
is such that ultimate liability will belong not to the officer but to the
government. d. The consent of the state to be sued may be manifested expressly or
impliedly. Express consent may be embodied in a general law or a special
c. The principle of state immunity from suit does not apply when the relief law. Consent is implied when the state enters into a contract or it itself
demanded by the suit requires no affirmative official action on the part of commences litigation.
the State nor the affirmative discharge of any obligation which belongs to
the State in its political capacity, even though the officers or agents who 5. Veterans Manpower & Protective Services, Inc. vs. CA “Security
are made defendants claim to hold or act only by virtue of a title of the Agency”
state and as its agents and servants. [G.R. No. 91359, September 25, 1992]

a. If the judgment against such officials will require the state itself to
perform an affirmative act to satisfy the same, such as the appropriation
of the amount needed to pay the damages awarded against them, the suit
must be regarded as against the state itself although it has not been
formally impleaded.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 9
Amat Victoria Curam

b. The consent of the State to be sued must emanate from statutory PCGG cannot claim a superior or preferred status to the State, even while
authority, hence, from a legislative act, not from a mere memorandum. assuming to represent or act for the State.

6. Merritt vs. Government of Philippine Islands “Suability/Liability” 9. Republic vs. Feliciano “Possessory Information”
[G.R. No. 11154, March 21, 1916] [G.R. No. 70853, March 12, 1987]

a. By consenting to be sued a state simply waives its immunity from suit. a. A suit against the State is not permitted, except upon a showing that the
It does not thereby concede its liability to plaintiff, or create any cause of State has consented to be sued, either expressly or by implication through
action in his favor, or extend its liability to any cause not previously the use of statutory language too plain to be misinterpreted.
recognized.
b. The failure of the petitioner to assert the defense of immunity from suit
7. Amigable vs. Cuenca “Expropriation w/o JC” when the case was tried before the court a quo, is not fatal. Such defense
[G.R. No. L-26400, February 29, 1972] "may be invoked by the courts sua sponte at any stage of the proceedings."

a. Where the government takes away property from a private landowner c. Waiver of immunity, being a derogation of sovereignty, will not be
for public use without going through the legal process of expropriation or inferred lightly, but must be construed in strictissimi juris.
negotiated sale, the aggrieved party may properly maintain a suit against
the government without thereby violating the doctrine of governmental 10. United States vs. Ruiz “Naval Base”
immunity from suit without its consent. [G.R. No. L-35645, May 22, 1985]

b. The doctrine of governmental immunity from suit cannot serve as an a. Because the activities of states have multiplied, it has been necessary
instrument for perpetrating an injustice on a citizen. to distinguish them—between sovereign and governmental acts (jure
imperii) and private, commercial and proprietary acts (jure gestionis).
c. When the government takes any property for public use, which is The result is that State immunity now extends only to acts jure imperii.
conditioned upon the payment of just compensation, to be judicially
ascertained, it makes manifest that it submits to the jurisdiction of a court. b. A State may be said to have descended to the level of an individual and
can thus be deemed to have tacitly given its consent to be sued only when
8. Republic vs. Sandiganbayan “PCGG” it enters into business contracts. It does not apply where the contract
[G.R. No. 90478, November 21, 1991] relates to the exercise of its sovereign functions.

a. The act of bringing suit must entail a waiver of the exemption from 11. The Holy See vs. Rosario “Pope”
giving evidence; by bringing suit it brings itself within the operation and [G.R. No. 101949, December 1, 1994]
scope of all the rules governing civil actions, including the rights and
duties under the rules of discovery. a. In Public International Law, when a state or international agency wishes
to plead sovereign or diplomatic immunity in a foreign court, it requests
b. In filing an action, it divests itself of its sovereign character and sheds the Foreign Office of the state where it is sued to convey to the court that
its immunity from suit, descending to the level of an ordinary litigant. The said defendant is entitled to immunity. In the Philippines, the practice is
for the foreign government or the international organization to first secure

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 10
Amat Victoria Curam

an executive endorsement of its claim of sovereign or diplomatic 13. Department of Agriculture vs. NLRC “Security Service Contract”
immunity. [G.R. No. 104269, November 11, 1993]

b. The mere entering into a contract by a foreign state with a private party a. The claims of private respondents, i.e., for underpayment of wages,
cannot be the ultimate test. Such an act can only be the start of the inquiry. holiday pay, overtime pay and similar other items, arising from the
The logical question is whether the foreign state is engaged in the activity Contract for Security Services, clearly constitute money claims. Act No.
in the regular course of business. If the foreign state is not engaged 3083, gives the consent of the State to be “sued upon any moneyed claim
regularly in a business or trade, the particular act or transaction must then involving liability arising from contract, express or implied.” Pursuant,
be tested by its nature. If the act is in pursuit of a sovereign activity, or an however, to CA 327, as amended by PD 1445, the money claim should
incident thereof, then it is an act jure imperii, especially when it is not first be brought to the Commission on Audit.
undertaken for gain or profit.
b. When the State waives its immunity, all it does, in effect, is to give the
c. Under both Public International Law and Transnational Law, a person other party an opportunity to prove, if it can, that the State has a liability.
who feels aggrieved by the acts of a foreign sovereign can ask his own
government to espouse his cause through diplomatic channels. 14. PNB vs. Pabalan “Garnishment of GOCC funds”
[G.R. No. L-33112, June 15, 1978]
12. Republic vs. Villasor “Garnishment of AFP Funds”
[G.R. No. L-30671, November 28, 1973] a. The allegation to the effect that the funds of the GOCC are public funds
of the government, and that, as such, the same may not be garnished,
a. Public funds cannot be the object of a garnishment proceeding even if attached or levied upon, is untenable for a GOCC has a personality of its
the consent to be sued had been previously granted and the state liability own, distinct and separate from that of the Government.
adjudged.
15. Rayo vs. CFI of Bulacan “Angat Dam”
b. The universal rule is that where the State gives its consent to be sued [G.R. No. L-55273-83, December 19, 1981]
by private parties either by general or special law, it may limit claimant’s
action only up to the completion of proceedings anterior to the stage of a. It is sufficient to say that the government has organized a private
execution’ and that the power of the Courts ends when the judgment is corporation, put money in it and has allowed it to sue and be sued in any
rendered, since government funds and properties may not be seized under court under its charter. Moreover, the charter provision that the NPC can
writs of execution or garnishment to satisfy such judgments. “sue and be sued in any court” is without qualification on the cause of
action and accordingly it can include a tort claim.
c. The State, by virtue of its sovereignty, may not be sued in its own courts
except by express authorization by the Legislature, and to subject its 16. Bureau of Printing vs. Bureau of Printing Employees Association
officers to garnishment would be to permit indirectly what is prohibited “Printing Job”
directly. [G.R. No. L-15751, January 28, 1961]

d. Moneys sought to be garnished, as long as they remain in the hands of a. As an office of the Government, without any corporate or juridical
the disbursing officer of the Government, belong to the latter, although personality, the Bureau of Printing cannot be sued. Any suit, action or
the defendant in garnishment may be entitled to a specific portion thereof.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 11
Amat Victoria Curam

proceeding against it, if it were to produce any effect, would actually be remedy were not thus restricted. With the well-known propensity on the
a suit, action or proceeding against the Government itself. part of our people to go to court, at the least provocation, the loss of time
and energy required to defend against law suits, in the absence of such a
b. Clearly, while the Bureau of Printing is allowed to undertake private basic principle that constitutes such an effective obstacle, could very well
printing jobs, it cannot be pretended that it is thereby an industrial or be imagined.
business concern. The additional work it executes for private parties is
merely incidental to its function. b. The immunity has been upheld in favor of between an unincorporated
government agency because its function is governmental or incidental to
17. Mobil Phils. Exploration vs. Customs Arrastre Service “Arrastre” such function; it has not been upheld in favor of one performing
[G.R. No. L-23139, December 17, 1966] proprietary functions whose function was not in pursuit of a necessary
function of government but was essentially a business.
a. Although said arrastre function may be deemed proprietary, it is a
necessary incident of the primary and governmental function of the 20. Municipality of San Fernando vs. Firme “Dump Truck”
Bureau of Customs, so that engaging in the same does not necessarily [G.R. No. 52179, April 8, 1991]
render said Bureau liable to suit. For otherwise, it could not perform its
governmental function without necessarily exposing itself to suit. a. Municipal corporations are suable because their charters grant them the
competence to sue and be sued. In permitting such entities to be sued, the
18. Civil Aeronautics Administration vs. CA “Viewing Deck” State merely gives the claimant the right to show that the defendant was
[G.R. No. L-51806, November 8, 1988] not acting in its governmental capacity when the injury was committed or
that the case comes under the exceptions recognized by law. Failing this,
a. Not all government entities, whether corporate or non-corporate, are the claimant cannot recover.
immune from suits. Immunity from suits is determined by the character
of the objects for which the entity was organized. b. Municipal corporations are subject to suit even in the performance of
governmental functions because their charter provided that they can sue
b. As the CAA was created to undertake the management of airport and be sued.
operations which primarily involve proprietary functions, it cannot avail
of the immunity from suit accorded to government agencies performing c. The municipality cannot be held liable for the torts committed by its
strictly governmental functions. regular employee, who was then engaged in the discharge of
governmental functions.
19. Air Transportation Administration vs. Spouses Ramos “Loakan
Airport” 21. Municipality of San Miguel vs. Fernandez “Ordinance”
[G.R. No. 159402, February 23, 2011] [G.R. No. L-61744, June 25, 1984]

a. A continued adherence to the doctrine of non-suability is not to be a. There must be a corresponding appropriation in the form of an
deplored for as against the inconvenience that may be caused private ordinance duly passed by the Sangguniang Bayan before any money of
parties, the loss of governmental efficiency and the obstacle to the the municipality may be paid out.
performance of its multifarious functions are far greater if such a
fundamental principle were abandoned and the availability of judicial

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 12
Amat Victoria Curam

22. Municipality of Makati vs. CA “PNB Bank Accounts” 1. Villavicencio vs. Lukban “Government of laws and not of men”
[G.R. Nos. 89898-99, October 1, 1990] [G.R. No. 14639, March 25, 1919]

a. The properties of a municipality, whether real or personal, which are a. No official, no matter how high, is above the law. The courts are the
necessary for public use cannot be attached and sold at execution sale to forum which functionate to safeguard individual liberty and to punish
satisfy a money judgment against the municipality. official transgressors.

b. Where a municipality fails or refuses, without justifiable reason, to b. The law is the only supreme power in our system of government, and
effect payment of a final money judgment rendered against it, the every man who by accepting office participates in its functions is only the
claimant may avail of the remedy of mandamus in order to compel the more strongly bound to submit to that supremacy, and to observe the
enactment and approval of the necessary appropriation ordinance, and the limitations which it imposes upon the exercise of the authority which it
corresponding disbursement of municipal funds therefor. gives.

23. City of Caloocan vs. Judge Allarde “Withheld Salaries” SECTION 2. The Philippines renounces war as an instrument of
[G.R. No. 107271, September 10, 2003] national policy, adopts the generally accepted principles of
international law as part of the law of the land and adheres to the
a. Although the liability of the state has been judicially ascertained, the policy of peace, equality, justice, freedom, cooperation, and amity
state is at liberty to determine for itself whether to pay the judgment or with all nations.
not, and execution cannot issue on a judgment against the state.
1. Kuroda vs. Jalandoni “War Crimes Office”
b. The rule on the immunity of public funds from seizure or garnishment [G.R. No. L-2662, March 26, 1949]
does not apply where the funds sought to be levied under execution are
already allocated by law specifically for the satisfaction of the money a. Generally accepted principles of international law form part of the law
judgment against the government. In such a case, the monetary judgment of our nation even if the Philippines was not a signatory to the conventions
may be legally enforced by judicial processes. embodying them for our Constitution has been deliberately general and
extensive in its scope and is not confined to the recognition of rules and
principles of international law as contained in treaties to which our
FUNDAMENTAL PRINCIPLES AND STATE government may have been or shall be a signatory.
POLICIES 2. Agustin vs. Edu “Early Warning Device”
[G.R. No. L49112, February 2, 1979]
SECTION 1. The Philippines is a democratic and republican State.
Sovereignty resides in the people and all government authority a. It is not for this country to repudiate a commitment to which it had
emanates from them. pledged its word. The concept of pacta sunt servanda stands in the way
of such an attitude, which is at war with the principle of international
morality.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 13
Amat Victoria Curam

3. Ichong vs. Hernandez “Retail Trade” 1. People vs. Lagman “Military Service”
[G.R. No. L-7995, May 31, 1957] [G.R. No. 45892, July 13, 1938]

a. Even supposing that the law infringes upon the said treaty, the treaty is a. To leave the organization of an army to the will of the citizens would
always subject to qualification or amendment by a subsequent law and the be to make this duty of the Government excusable should there be no
same may never curtail or restrict the scope of the police power of the sufficient men who volunteer to enlist therein.
State.
b. The right of the Government to require compulsory military service is
4. Gonzales vs. Hechanova “Rice Importation” a consequence of its duty to defend the State and is reciprocal with its
[G.R. No. L-21897, October 22, 1963] duty to defend the life, liberty and property of the citizen. What justifies
compulsory military service is the defense of the State, whether actual or
a. Although the President may enter into executive agreements without whether in preparation to make it more effective, in case of need.
previous legislative authority, he may not, by executive agreement, enter
into a transaction which is prohibited by statutes enacted prior thereto. SECTION 5. The maintenance of peace and order, the protection of
life, liberty, and property, and the promotion of the general welfare
b. Our Constitution authorizes the nullification of a treaty, not only when are essential for the enjoyment by all the people of the blessings of
it conflicts with the fundamental law, but, also, when it runs counter to an democracy.
act of Congress.
SECTION 6. The separation of Church and State shall be inviolable.
5. In Re: Garcia “Spanish Lawyer”
[2 SCRA 984, August 15, 1961] 1. Aglipay vs. Ruiz “Tourism”
[G.R. No. 45459, March 13, 1937]
a. The Executive Department may not encroach upon the constitutional
prerogative of the Supreme Court to promulgate rules for admission to the a. What is guaranteed by our Constitution is religious liberty, not mere
practice of law in the Philippines, the power to repeal, alter or supplement religious toleration.
such rules being reserved only to the Congress of the Philippines.
b. Religion is a profession of faith to an active power that binds and
SECTION 3. Civilian authority is, at all times, supreme over the elevates man to his Creator.
military. The Armed Forces of the Philippines is the protector of the
people and the State. Its goal is to secure the sovereignty of the State c. The Government should not be embarrassed in its activities simply
and the integrity of the national territory. because of incidental results, more or less religious in character, if the
purpose had in view is one which could legitimately be undertaken by
SECTION 4. The prime duty of the Government is to serve and appropriate legislation.
protect the people. The Government may call upon the people to
defend the State and, in the fulfillment thereof, all citizens may be
required, under conditions provided by law, to render personal
military or civil service.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 14
Amat Victoria Curam

2. Garces vs. Estenzo “Fiesta” c. Benevolent Neutrality/Accommodation


[G.R. No. L-53487, May 25, 1981] Unlike the Jeffersonian wall that is meant to protect the state from the
church, the wall is meant to protect the church from the state.
a. If there is nothing unconstitutional or illegal in holding a fiesta and
having a patron saint for the barrio, then any activity intended to facilitate d. A free exercise claim could result to three kinds of accommodation:
the worship of the patron saint cannot be branded as illegal. (1) Those which are found to be constitutionally compelled, i.e., required
by the Free Exercise Clause;
b. Not every governmental activity which involves the expenditure of (2) Those which are discretionary or legislative, i.e., not required by the
public funds and which has some religious tint is violative of the Free Exercise Clause but nonetheless permitted by the Establishment
constitutional provisions regarding separation of church and state, Clause; and
freedom of worship and banning the use of public money or property. (3) Those which the religion clauses prohibit.

3. Taruc vs. De la Cruz “Excommunication” e. Compelling State Interest Test – 3 Questions


[G.R. No. 144801, March 10, 2005] (1) “Has the statute or government action created a burden on the free
exercise of religion?”
a. In a form of government where the complete separation of civil and (2) “Is there a sufficiently compelling state interest to justify this
ecclesiastical authority is insisted upon, the civil courts must not allow infringement of religious liberty?”
themselves to intrude unduly in matters of an ecclesiastical nature. (3) “Has the state in achieving its legitimate purposes used the least
intrusive means possible so that the free exercise is not infringed any more
b. In disputes involving religious institutions or organizations, there is one than necessary to achieve the legitimate goal of the state?”
area which the Court should not touch: doctrinal and disciplinary
differences. f. While there is no Philippine case as yet wherein the Court granted an
accommodation/exemption to a religious act from the application of
4. Estrada vs. Escritor “Declaration of Pledging Faithfulness” general penal laws, permissive accommodation based on religious
[AM. No. P-02-1651, June 22, 2006] freedom has been granted with respect to one of the crimes penalized
under the Revised Penal Code, that of bigamy.
a. Strict Separationist
The Strict Separationist believes that the Establishment Clause was meant g. The adoption of the benevolent neutrality-accommodation approach
to protect the state from the church, and the state’s hostility towards does not mean that the Court ought to grant exemptions every time a free
religion allows no interaction between the two. exercise claim comes before it.

b. Strict Neutrality h. Benevolent neutrality could allow for accommodation of morality


The strict neutrality approach is not hostile to religion, but it is strict in based on religion, provided it does not offend compelling state interests.
holding that religion may not be used as a basis for classification for
purposes of governmental action, whether the action confers rights or i. Lemon Test (2003 Decision)
privileges or imposes duties or obligations. Only secular criteria may be The Lemon test requires a challenged policy to meet the following criteria
the basis of government action. to pass scrutiny under the Establishment Clause:
(1) The statute must have a secular legislative purpose;

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 15
Amat Victoria Curam

(2) Its primary or principal effect must be one that neither advances nor b. Social justice must be founded on the recognition of the necessity of
inhibits religion; and interdependence among the diverse units of a society and of the protection
(3) The statute must not foster an excessive entanglement with religion. that should be equally and evenly extended to all groups as a combined
force in our social and economic life, consistent with the fundamental and
SECTION 7. The State shall pursue an independent foreign policy. paramount objective of the state of promoting the health, comfort, and
In its relations with other states the paramount consideration shall be quiet of all persons, and of bringing about "the greatest good to the
national sovereignty, territorial integrity, national interest, and the greatest number."
right to self-determination.
c. The promotion of social justice is to be achieved not through a mistaken
SECTION 8. The Philippines, consistent with the national interest, sympathy towards any given group.
adopts and pursues a policy of freedom from nuclear weapons in its
territory. 2. Almeda vs. CA “Share tenants”
[G.R. No. L-43800, July 29, 1977]
SECTION 9. The State shall promote a just and dynamic social order
that will ensure the prosperity and independence of the nation and a. Property ownership is impressed with social function. Property use
free the people from poverty through policies that provide adequate must not only be for the benefit of the owner but of society as well.
social services, promote full employment, a rising standard of living,
and an improved quality of life for all. b. The State, in the promotion of social justice, may “regulate the
acquisition, ownership, use, enjoyment and disposition of private
SECTION 10. The State shall promote social justice in all phases of property, and equitably diffuse property ownership and profits.”
national development.
3. Ondoy vs. Ignacio “Laborer vs. Employer”
1. Calalang vs. Williams “Kalesa” [G.R. No. L-47178, May 16, 1980]
[G.R. No. 47800, December 2, 1940]
a. As between a laborer, usually poor and unlettered, and the employer,
a. Social justice is "neither communism, nor despotism, nor atomism, nor who has resources to secure able legal advice, the law has reason to
anarchy," but the humanization of laws and the equalization of social and demand from the latter stricter compliance. Social justice in these cases is
economic forces by the State so that justice in its rational and objectively not equality but protection.
secular conception may at least be approximated. Social justice means the
promotion of the welfare of all the people, the adoption by the 4. Salonga vs. Farrales “Property Owners”
Government of measures calculated to insure economic stability of all the [G.R. No. L-47088, July 10, 1981]
competent elements of society, through the maintenance of a proper
economic and social equilibrium in the interrelations of the members of a. Social justice cannot be invoked to trample on the rights of property
the community, constitutionally, through the adoption of measures legally owners who under our Constitution and laws are also entitled to
justifiable, or extra- constitutionally, through the exercise of powers protection.
underlying the existence of all governments on the time-honored principle
of salus populi est suprema lex.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 16
Amat Victoria Curam

b. The social justice consecrated in our constitution was not intended to development of moral character shall receive the support of the
take away rights from a person and give them to another who is not Government.
entitled thereto.
1. Imbong vs. Ochoa “RH Law”
c. The plea for social justice cannot nullify the law on obligations and [G.R. No. 204819, April 8, 2014]
contracts.
a. Even if not formally established, the right to life, being grounded on
SECTION 11. The State values the dignity of every human person natural law, is inherent and, therefore, not a creation of, or dependent
and guarantees full respect for human rights. upon a particular law, custom, or belief. It precedes and transcends any
authority or the laws of men.
1. Secretary of National Defense v. Manalo “Writ of Amparo”
[G.R. No. 180906,0ctober 7, 2008] b. The State shall provide equal protection to both the mother and the
unborn child from the earliest opportunity of life, that is, upon fertilization
a. While the right to life under Article III, Section 1 guarantees essentially or upon the union of the male sperm and the female ovum.
the right to be alive - upon which the enjoyment of all other rights is
preconditioned - the right to security of person is a guarantee of the secure c. Principle of Double-Effect
quality of this life. In a conflict situation between the life of the child and the life of the
mother, the doctor is morally obliged always to try to save both lives.
b. The life to which each person has a right is not a life lived in fear that However, he can act in favor of one (not necessarily the mother) when it
his person and property may be unreasonably violated by a powerful ruler. is medically impossible to save both, provided that no direct harm is
Rather, it is a life lived with the assurance that the government he intended to the other.
established and consented to, will protect the security of his person and
property. 2. Virtuoso vs. Municipal Judge “Youthful Offender”
[G.R. No. L—47841, March 21, 1978]
c. The right to security of person is:
(1) “Freedom from fear”; a. This Court should, whenever appropriate, give vitality and force to the
(2) A guarantee of bodily and psychological integrity or security; and Youth and Welfare Code, which is an implementation of this specific
(3) A guarantee of protection of one’s rights by the government. constitutional mandate: “The State recognizes the vital role of the youth
in nation-building and shall promote their physical, intellectual, and
d. The right to security of person can exist independently of the right to social well-being.”
liberty. There need not necessarily be a deprivation of liberty for the right
to security of person to be invoked. 3. Obergefell vs. Hodges “Same Sex Marriage”
[576 US. (2015), June 26, 2015]
SECTION 12. The State recognizes the sanctity of family life and
shall protect and strengthen the family as a basic autonomous social a. 4 reasons why marriage is fundamental under the Constitution:
institution. It shall equally protect the life of the mother and the life (1) The right to personal choice regarding marriage is inherent in the
of the unborn from conception. The natural and primary right and concept of individual autonomy;
duty of parents in the rearing of the youth for civic efficiency and the

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 17
Amat Victoria Curam

(2) The right to marry is fundamental because it supports a two-person b. The minors’ assertion of their right to a sound environment constitutes,
union unlike any other in its importance to the committed individuals; at the same time, the performance of their obligation to ensure the
(3) It safeguards children and families and thus draws meaning from protection of that right for the generations to come.
related rights of childrearing, procreation, and education; and
(4) Marriage is a keystone of the Nation’s social order. c. These basic rights (to health and a balanced and healthful ecology) need
not even be written in the Constitution for they are assumed to exist from
b. The history of marriage is one of both continuity and change. These the inception of humankind.
new insights have strengthened, not weakened, the institution. Changed
understandings of marriage are characteristic of a Nation where new 2. Laguna Lake Development Authority vs. CA “Correlative Duty”
dimensions of freedom become apparent to new generations. [G.R. No. 110120, March 16, 1994]

c. The limitation of marriage to opposite-sex couples may long have a. As a constitutionally guaranteed right of every person (right to a
seemed natural and just, but its inconsistency with the central meaning of balanced and healthful ecology), it carries the correlative duty of non-
the fundamental right to marry is now manifest. impairment.

SECTION 13. The State recognizes the vital role of the youth in b. It is a constitutional commonplace that the ordinary requirements of
nation-building and shall promote and protect their physical, moral, procedural due process yield to the necessities of protecting vital public
spiritual, intellectual, and social well-being. It shall inculcate in the interests through the exercise of police power.
youth patriotism and nationalism, and encourage their involvement
in public and civic affairs. SECTION 17. The State shall give priority to education, science and
technology, arts, culture, and sports to foster patriotism and
SECTION 14. The State recognizes the role of women in nation- nationalism, accelerate social progress, and promote total human
building, and shall ensure the fundamental equality before the law of liberation and development.
women and men.
SECTION 18. The State affirms labor as a primary social economic
SECTION 15. The State shall protect and promote the right to health force. It shall protect the rights of workers and promote their welfare.
of the people and instill health consciousness among them.
SECTION 19. The State shall develop a self-reliant and independent
SECTION 16. The State shall protect and advance the right of the national economy effectively controlled by Filipinos.
people to a balanced and healthful ecology in accord with the rhythm
and harmony of nature. 1. Tanada v. Angara “WTO Agreement”
[G.R. No. 118295, May 2, 1997]
1. Oposa vs. Factoran “Intergenerational Responsibility”
[G.R. No. 101083, July 30, 1993] a. While the Constitution indeed mandates a bias in favor of Filipino
goods, services, labor and enterprises, at the same time, it recognizes the
a. Every generation has a responsibility to the next to preserve that rhythm need for business exchange with the rest of the world on the bases of
and harmony for the full enjoyment of a balanced and healthful ecology. equality and reciprocity and limits protection of Filipino enterprises only
against foreign competition and trade practices that are unfair.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 18
Amat Victoria Curam

b. “Economic self-reliance does not mean autarky or economic seclusion; b. To use Justice Holmes’s words, “it is an experiment, as all life is an
rather, it means avoiding mendicancy in the international community. experiment,” and so we learn as we venture forward, and, if necessary, by
Independence refers to the freedom from undue foreign control of the our own mistakes.”
national economy, especially in such strategic industries as in the
development of natural resources and public utilities.” c. The intention of the framers of the Constitution was to allow the
payment of the balance (if the owner cannot be paid fully with money),
c. It is to the credit of its drafters that a Constitution can withstand the or indeed of the entire amount of the just compensation, with other things
assaults of bigots and infidels but at the same time bend with the of value.
refreshing winds of change necessitated by unfolding events.
2. Hacienda Luisita, Inc. vs. Presidential Agrarian Reform Council
2. Garcia vs. Board of Investments “Petrochemical Plant” “Stock Distribution Plan”
[G.R. No. 92024, November 9, 1990] [G.R. No. 171101, July 5, 2011]

a. Every provision of the Constitution on the national economy and a. Agrarian reform is a perceived solution to social instability. The edicts
patrimony is infused with the spirit of national interest. The non- of social justice found in the Constitution and the public policies that
alienation of natural resources, the State’s full control over the underwrite them, the extraordinary national experience, and the
development and utilization of our scarce resources, agreements with prevailing national consciousness, all command the great departments of
foreigners being based on real contributions to the economic growth and government to tilt the balance in favor of the poor and underprivileged
general welfare of the country and the regulation of foreign investments whenever reasonable doubt arises in the interpretation of the law.
in accordance with national goals and priorities are too explicit not to be
noticed and understood. b. The policy on agrarian reform is that control over the agricultural land
must always be in the hands of the farmers.
SECTION 20. The State recognizes the indispensable role of the
private sector, encourages private enterprise, and provides incentives SECTION 22. The State recognizes and promotes the rights of
to needed investments. indigenous cultural communities within the framework of national
unity and development.
SECTION 21. The State shall promote comprehensive rural
development and agrarian reform. SECTION 23. The State shall encourage non-governmental,
community-based, or sectoral organizations that promote the welfare
1. Association of Small Landowners in the Phils. vs. Sec. of DAR of the nation.
“Antaeus and Hercules” SECTION 24. The State recognizes the vital role of communication
[G.R. No. 78742, July 14, 1989] and information in nation-building.

a. In the pursuit of agrarian reform, we do not tread on familiar ground SECTION 25. The State shall ensure the autonomy of local
but grope on terrain fraught with pitfalls and expected difficulties. The governments.
CARP Law is not a tried and tested project.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 19
Amat Victoria Curam

1. Basco vs. PAGCOR “Gambling” 1. Pamatong vs. COMELEC “Nuisance Candidate”


[G.R. No. 91649, May 14, 1991] [G.R. No. 161872, April 13, 2004]

a. Being an instrumentality of the Government, PAGCOR should be and a. What is recognized is merely a privilege subject to limitations imposed
actually is exempt from local taxes. by law. Section 26, Article II of the Constitution neither bestows such a
right nor elevates the privilege to the level of an enforceable right.
b. Municipal corporations are mere creatures of Congress. If Congress b. The provision is not intended to compel the State to enact positive
can grant the City of Manila the power to tax certain matters, it can also measures that would accommodate as many people as possible into public
provide for exemptions or even take back the power. office.

c. The power of local government to “impose taxes and fees” is always SECTION 27. The State shall maintain honesty and integrity in the
subject to “limitations” which Congress may provide by law. public service and take positive and effective measures against graft
and corruption.
d. The principle of local autonomy under the 1987 Constitution simply
means “decentralization.” It does not make local governments sovereign SECTION 28. Subject to reasonable conditions prescribed by law,
within the state or an “imperium in imperio.” the State adopts and implements a policy of full public disclosure of
all its transactions involving public interest.
2. Limbona vs. Mangelin “Autonomous Region”
[G.R. No. 80391, February 28, 1989] 1. Legaspi vs. Civil Service Commission “Eligibility Certificate”
[G.R. No. 72119, May 29, 1987]
a. Decentralization of Administration
The central government delegates administrative powers to political a. The authority to regulate the manner of examining public records does
subdivisions in order to broaden the base of government power. The not carry with it the power to prohibit.
President exercises “general supervision” over them, but only to “ensure
that local affairs are administered according to law.” He has no control b. While the manner of examining public records may be subject to
over their acts in the sense that he can substitute their judgments with his reasonable regulation by the government agency in custody thereof, the
own. duty to disclose the information of public concern, and to afford access to
public records cannot be discretionary on the part of said agencies.
b. Decentralization of Power
Involves an abdication of political power in the favor of local c. The availability of access to a particular public record must be
governments units declared to be autonomous. In that case, the circumscribed by the nature of the information sought, i.e., (1) being of
autonomous government is free to chart its own destiny and shape its public concern or one that involves public interest; and, (2) not being
future with minimum intervention from central authorities. exempted by law from the operation of the constitutional guarantee.

SECTION 26. The State shall guarantee equal access to opportunities d. “Public concern” embraces a broad spectrum of subjects which the
for public service, and prohibit political dynasties as may be defined public may want to know, either because these directly affect their lives,
by law. or simply because such matters naturally arouse the interest of an ordinary
citizen.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 20
Amat Victoria Curam

e. Public office being a public trust, it is the legitimate concern of citizens members of the board concerned, otherwise, the said right would be
to ensure that government positions requiring civil service eligibility are rendered nugatory.
occupied only by persons who are eligibles.
FUNDAMENTAL POWERS OF THE STATE
f. These constitutional provisions are self-executing. They supply the
rules by means of which the right to information may be enjoyed. A. POLICE POWER
2. Valmonte vs. Belmonte “GSIS Loans” 1. PASEI vs. Drilon “OFW”
[G.R. No. 74930, February 13, 1989] [G.R. No. L-81958, June 30, 1988]
a. The postulate of public office as a public trust, institutionalized in the a. Police power has been defined as the "state authority to enact legislation
Constitution to protect the people from abuse of governmental power, that may interfere with personal liberty or property in order to promote
would certainly be mere empty words if access to such information of the general welfare.”
public concern is denied, except under limitations prescribed by
implementing legislation adopted pursuant to the Constitution. b. It consists of (1) an imposition of restraint upon liberty or property, (2)
in order to foster the common good. It is not capable of an exact definition
b. The right to information goes hand-in-hand with the constitutional but has been, purposely, veiled in general terms to underscore its all-
policies of full public disclosure and honesty in the public service. It is comprehensive embrace.
meant to enhance the widening role of the citizenry in governmental
decision-making as well as in checking abuse in government. c. It finds no specific Constitutional grant for the plain reason that it does
not owe its origin to the Charter. Along with the taxing power and eminent
c. Although citizens are afforded the right to information and, pursuant domain, it is inborn in the very fact of statehood and sovereignty.
thereto, are entitled to “access to official records,” the Constitution does
not accord them a right to compel custodians of official records to prepare d. The police power of the State is a power coextensive with self-
lists, abstracts, summaries and the like in their desire to acquire protection, and it is not inaptly termed the 'law of overwhelming
information on matters of public concern. necessity.' It may be said to be that inherent and plenary power in the State
which enables it to prohibit all things hurtful to the comfort, safety, and
3. Aquino-Sarmiento vs. Morato “MTRCB Votes” welfare of society.
[G.R. No. 92541, November 13, 1991]
2. Ichong vs. Hernandez “Retail Trade”
a. The right to privacy belongs to the individual acting in his private [G.R. No. L-7955, May 31, 1957]
capacity and not to a governmental agency or officers tasked with, and
acting in, the discharge of public duties. a. Police power is the most positive and active of all governmental
processes, the most essential, insistent and illimitable.
b. The voting slips are public records access to which is guaranteed to the
citizenry. The constitutional recognition of the citizen’s right of access to b. As we cannot foresee the needs and demands of public interest and
official records cannot be made dependent upon the consent of the welfare in this constantly changing and progressive world, so we cannot
delimit beforehand the extent or scope of police power by which and

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 21
Amat Victoria Curam

through which the State seeks to attain or achieve public interest or c. Restriction imposed to protect the public health, safety or morals from
welfare. dangers threatened is not a taking. The restriction is merely the
prohibition of a noxious use.
c. The State can deprive persons of life, liberty and property, provided
there is due process of law; and persons may be classified into classes and 5. Lozano vs. Martinez “BP 22”
groups, provided everyone is given the equal protection of the law. The [G.R. No. L-63419, December 18, 1986]
test or standard, as always, is reason.
a. The effects of the issuance of a worthless check transcends the private
3. Lutz vs. Araneta “Sugar Industry” interests of the parties directly involved in the transaction and touches the
[G.R. No. L-7859, December 22, 1955] interests of the community at large. The mischief it creates is not only a
wrong to the payee or holder, but also an injury to the public.
a. In the wide field of its police power, the lawmaking body could provide
that the distribution of benefits therefrom be readjusted among its b. Police power is a dynamic force that enables the state to meet the
components to enable it to resist the added strain of the increase in taxes exigencies of changing times. There are occasions when the police power
that it had to sustain. of the state may even override a constitutional guaranty.

b. If the law presumably hits the evil where it is most felt, it is not to be 6. DECS vs. San Diego “NMAT”
over-thrown because there are other instances to which it might have been [G.R. No. 89572, December 21, 1989]
applied.
a. It is the right and indeed the responsibility of the State to insure that the
c. Sugar production is one of the great industries of our nation, sugar medical profession is not infiltrated by incompetents to whom patients
occupying a leading position among its export products. Hence, it was may unwarily entrust their lives and health.
competent for the legislature to find that the general welfare demanded
that the sugar industry should be stabilized in turn. b. The State has the responsibility to harness its human resources and to
see to it that they are not dissipated or, no less worse, not used at all. These
4. Association of Small Landowners vs. Secretary of Agrarian resources must be applied in a manner that will best promote the common
Reform good while also giving the individual a sense of satisfaction.
[G.R. No. 78742, July 14, 1989]
7. Ynot vs. Intermediate Appelate Court “Carabeef”
a. Recent trends would indicate not a polarization but a mingling of the [G.R. No. 74457, March 20, 1987]
police power and the power of eminent domain, with the latter being used
as an implement of the former like the power of taxation. a. To justify the State in thus interposing its authority in behalf of the
public, it must appear, first, that the interests of the public generally, as
b. The general rule at least is that while property may be regulated to a distinguished from those of a particular class, require such interference;
certain extent, if regulation goes too far it will be recognized as a taking. and second, that the means are reasonably necessary for the
accomplishment of the purpose, and not unduly oppressive upon
individuals.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 22
Amat Victoria Curam

8. City Government of Quezon City vs. Ericta “Pauper Burial” B. EMINENT DOMAIN
[G.R. No. L-34915, June 24, 1983]
1. City of Manila vs. Chinese Community “Chinese Cemetery”
a. In police power, the owner does not recover from the government for [G.R. No. 14355, October 31, 1919]
injury sustained in consequence thereof.
a. If the legislature should grant the expropriation of a certain or particular
b. Police power does not involve the taking or confiscation of property parcel of land for some specified public purpose, the courts would be
with the exception of a few cases where there is a necessity to confiscate without jurisdiction to inquire into the purpose of that legislation.
private property in order to destroy it for the purpose of protecting the
peace and order and of promoting the general welfare. b. If the Legislature should grant general authority to a municipal
corporation to expropriate private land for public purposes, the courts
9. Manila Memorial Park vs. Secretary of DSWD “Senior Citizen have ample authority to make inquiry and to hear proof, upon an issue
Discount” properly presented, concerning whether or not the lands were private and
[G.R. No. 175356, December 3, 2013] whether the purpose was, in fact, public.
c. The right of expropriation is not an inherent power in a municipal
a. Under the police power of the State, “property rights of individuals may corporation, and before it can exercise the right some law must exist
be subjected to restraints and burdens in order to fulfill the objectives of conferring the power upon it.
the government.”
d. When the courts come to determine the question, they must not only
b. Because of the exigencies of rapidly changing times, Congress may be find (1) that a law or authority exists for the exercise of the right of
compelled to adopt or experiment with different measures to promote the eminent domain, but (2) also that the right or authority is being exercised
general welfare which may not fall squarely within the traditionally in accordance with the law.
recognized categories of police power and eminent domain.
e. The legislature, in providing for the exercise of the power of eminent
c. The subject regulation may be said to be similar to, but with substantial domain, may directly determine the necessity for appropriating private
distinctions from, price control or rate of return on investment control property for a particular improvement for public use, and 'it may select
laws which are traditionally regarded as police power measures. the exact location of the improvement.

d. The time-honored rule is that the burden of proving the f. When the statute does not designate the property to be taken nor how
unconstitutionality of a law rests upon the one assailing it and “the burden much may be taken, then the necessity of taking particular property is a
becomes heavier when police power is at issue.” question for the courts.

2. Republic vs. PLDT “Expropriation of Services”


[G.R. No. L-18841, January 27, 1969]

a. No cogent reason appears why the power of eminent domain may not
be availed of to impose only a burden upon the owner of condemned
property, without loss of title and possession.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 23
Amat Victoria Curam

b. If, under section 6, Article XIII, of the Constitution, the State may, in (5) Otherwise informally appropriating or injuriously affecting it in such
the interest of national welfare, transfer utilities to public ownership upon a way as substantially to oust the owner and deprive him of all beneficial
payment of just compensation, there is no reason why the State may not enjoyment thereof.
require a public utility to render services in the general interest, provided
just compensation is paid therefor. b. When the taking of the property sought to be expropriated coincides
with the commencement of the expropriation proceedings, or takes place
c. While the Republic may not compel the PLDT to celebrate a contract subsequent to the filing of the complaint for eminent domain, the just
with it, the Republic may, in the exercise of the sovereign power of compensation should be determined as of the date of the filing of the
eminent domain, require the telephone company to permit complaint.
interconnection of the government telephone system and that of the
PLDT, as the needs of the government service may require, subject to the c. In expropriation proceedings, the owner of the land has the right to its
payment of just compensation to be determined by the court. value for the use for which it would bring the most in the market.

3. People vs. Fajardo “Public Plaza” d. The report of the commissioners of appraisal in condemnation
[G.R. No. L-12172, August 29, 1958] proceedings are not binding, but merely advisory in character, as far as
the court is concerned.
a. The State may not, under the guise of police power, permanently divest
owners of the beneficial use of their property and practically confiscate 5. Amigable vs. Cuenca “Expropriation w/o JC”
them solely to preserve or assure the aesthetic appearance of the [G.R. No. L-26400, February 29, 1972]
community.
a. Where the government takes away property from a private landowner
b. An ordinance which permanently so restricts the use of property that it for public use without going through the legal process of expropriation or
cannot be used for any reasonable purpose goes beyond regulation and negotiated sale, the aggrieved party may properly maintain a suit against
must be recognized as a taking of the property. the government without thereby violating the doctrine of governmental
immunity from suit without its consent.
c. Restriction leaves the owner subject to the burden of payment of
taxation, while outright confiscation would relieve him of that burden. 6. Philippine Press Institute vs. COMELEC “Comelec Space”
[G.R. No. 119694, May 22, 1995]
4. Republic vs. Vda. De Castellvi “Taking”
[G.R. No. L-20620, August 15, 1974] a. To compel print media companies to donate “Comelec space” amounts
to “taking” of private personal property for public use or purposes.
a. Taking under the power of eminent domain may be defined generally
as: b. The requisites for a lawful taking of private property for public use: the
(1) Entering upon private property; necessity for the taking and legal authority to effect the taking.
(2) For more than a momentary period;
(3) Under the warrant or color of legal authority;
(4) Devoting it to a public use; or

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 24
Amat Victoria Curam

7. Sumulong vs. Guerrero “Socialized Housing” 9. EPZA vs. Dulay “Appointment of NOT MORE THAN 3 Comms”
[G.R. No. L-48685, September 30, 1987] [G.R. No. L-59603, April 29, 1987]

a. At present, whatever may be beneficially employed for the general a. Where the Court simply follows PD 1533, thereby limiting the
welfare satisfies the requirement of public use. determination of just compensation on the value declared by the owner or
administrator or as determined by the Assessor, whichever is lower, it
b. The propriety of exercising the power of eminent domain cannot be may result in the deprivation of the landowner's right of due process to
determined on a purely quantitative or area basis. enable it to prove its claim to just compensation, as mandated by the
Constitution.
c. The property owner may not interpose objections merely because in
their judgment some other property would have been more suitable, or b. The determination of "just compensation" in eminent domain cases is
just as suitable, for the purpose. a judicial function. The executive department or the legislature may make
the initial determinations but when a party claims a violation of the
d. Just compensation means a fair and full equivalent for the loss guarantee in the Bill of Rights that private property may not be taken for
sustained. All the facts as to the condition of the property and its public use without just compensation, no statute, decree, or executive
surroundings, its improvements and capabilities, should be considered. order can mandate that its own determination shall prevail over the court's
findings.
8. Manosca vs. Court of Appeals “Manalo’s Birthplace”
[G.R. No. 106440, January 29, 1996] 10. Municipality of Parañaque vs. V.M. Realty Corp. “LGU
Expropriation”
a. Eminent domain is generally so described as “the highest and most [G.R. No. 127820, July 20, 1998]
exact idea of property remaining in the government” that may be acquired
for some public purpose through a method in the nature of a forced a. An LGU may exercise the power to expropriate private property only
purchase by the State. when authorized by Congress and subject to the latter’s control and
restraints, imposed “through the law conferring the power or in other
b. Public use, in constitutional provisions restricting the exercise of the legislations.”
right to take private property in virtue of eminent domain, means a use
concerning the whole community as distinguished from particular b. The following essential requisites must concur before an LGU can
individuals. But each and every member of society need not be equally exercise the power of eminent domain:
interested in such use, or be personally and directly affected by it; if the (1) An ordinance is enacted by the local legislative council authorizing
object is to satisfy a great public want or exigency, that is sufficient. the local chief executive, in behalf of the LGU, to exercise the power of
eminent domain over a particular private property;
c. That only a few would actually benefit from the expropriation of (2) It is exercised for public use, purpose or welfare, or for the benefit of
property does not necessarily diminish the essence and character of public the poor and the landless;
use. (3) There is payment of just compensation; and
(4) A valid and definite offer has been previously made to the owner of
the property sought to be expropriated, but said offer was not accepted.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 25
Amat Victoria Curam

c. A municipal ordinance is different from a resolution. An ordinance is a the owners concerned shall have the right to recover possession of their
law, but a resolution is merely a declaration of the sentiment or opinion property.
of a lawmaking body on a specific matter. An ordinance possesses a C. TAXATION
general and permanent character, but a resolution is temporary in nature.
1. Sison vs. Ancheta “Compensation Income”
11. Republic vs. Lim “57 years” [G.R. No. L-59431, July 25, 1984]
[G.R. No. 161656, June 29, 2005]
a. Where the assailed tax measure is beyond the jurisdiction of the state,
a. When the state wields its power of eminent domain, there arises a or is not for a public purpose, or, in case of a retroactive statute is so harsh
correlative obligation on its part to pay the owner of the expropriated and unreasonable, it is subject to attack on due process grounds.
property a just compensation. If it fails, there is a clear case of injustice
that must be redressed. b. The rule of uniformity does not call for perfect uniformity or perfect
equality, because this is hardly attainable. Equality and uniformity in
b. Just compensation embraces not only the correct determination of the taxation means that all taxable articles or kinds of property of the same
amount to be paid to the owners of the land, but also the payment for the class shall be taxed at the same rate.
land within a reasonable time from its taking. Without prompt payment,
compensation cannot be considered ‘just.’ c. The taxing power has the authority to make reasonable and natural
classifications for purposes of taxation.
c. Where an entry to the expropriated property precedes the payment of
compensation, it has been held that if the compensation is not paid in a 2. Pascual vs. Secretary of Public Works “Private Property”
reasonable time, the party may be treated as a trespasser ab initio. [G.R. No. L-10405, December 29, 1960]

d. Expropriation of lands consists of two stages: the first is concerned with a. The right of the legislature to appropriate funds is correlative with its
the determination of the authority of the plaintiff to exercise the power of right to tax, and, under constitutional provisions against taxation except
eminent domain and the propriety of its exercise. The second phase is for public purposes and prohibiting the collection of a tax for one purpose
concerned with the determination by the court of “the just compensation and the devotion thereof to another purpose, no appropriation of state
for the property sought to be taken.” It is only upon the completion of funds can be made for other than a public purpose.
these two stages that expropriation is said to have been completed.
b. Incidental advantage to the public or to the state, which results from the
e. Recovery of possession may be had when property has been wrongfully promotion of private interests and the prosperity of private enterprises or
taken or is wrongfully retained by one claiming to act under the power of business, does not justify their aid by the use of public money.
eminent domain or where a rightful entry is made and the party
condemning refuses to pay the compensation which has been assessed or 3. Punsalan vs. Municipal Board of Manila “Double Taxation”
agreed upon; or fails or refuses to have the compensation assessed and [G.R. No. L-4871, May 26, 1954]
paid.
a. The Legislature may, in its discretion, select what occupations shall be
f. In cases where the government failed to pay just compensation within taxed, and in the exercise of that discretion it may tax all, or it may select
5 years from the finality of the judgment in the expropriation proceedings, for taxation certain classes and leave the others untaxed.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 26
Amat Victoria Curam

b. The argument against double taxation may not be invoked where one THE BILL OF RIGHTS
tax is imposed by the state and the other is imposed by the city.

4. Lladoc vs. Commissioner of Internal Revenue “Donor’s Tax” SECTION 1. No person shall be deprived of life, liberty, or property
[G.R. No. L-19201, June 16, 1965] without due process of law, nor any person be denied of equal
protection of laws.
a. It is a cardinal rule in taxation that exemptions from payment thereof
are highly disfavored by law, and the party claiming exemption must A. DUE PROCESS
justify his claim by a clear, positive, or express grant of such privilege by
law. 1. Ichong vs. Hernandez
[G.R. No. 7995, May 31, 1957]
b. Section 22(3), Art. VI of the Constitution of the Philippines, exempts
from taxation cemeteries, churches and parsonages or convents, a. The due process clause has to do with the reasonableness of legislation
appurtenant thereto, and all lands, buildings, and improvements used enacted in pursuance of police power. The test of reasonableness of a law
exclusively for religious purposes. The exemption is only from the is the appropriateness or adequacy under all circumstances of the means
payment of taxes assessed on such properties enumerated, as property adopted to carry out its purpose into effect.
taxes, as contradistinguished from excise taxes.
b. The conflict between police power and due process of laws is more
c. The phrase “exempt from taxation,” as employed in the Constitution apparent than real. Property related, the powers and guarantees must
should not be interpreted to mean exemption from all kinds of taxes. coexist. The balancing is the essence or, shall it be said, the indispensable
means for the attainment of legitimate aspirations of any democratic
5. Abra Valley College vs. Aquino “Living Quarters” society. The test or standards, as always, is reason.
[G.R. No. L-39086, June 15, 1988]
2. Philippine Phosphate Fertilizer Corp. vs. Torres
a. The exemption in favor of property used exclusively for charitable or [G.R. No. 98050, March 17, 1994]
educational purposes is ‘not limited to property actually indispensable’
therefor, but extends to facilities which are incidental to and reasonably a. The right to hearing as an element of due process does not call for a
necessary for the accomplishment of said purposes. trial type hearing. The essence of due process is simply the right to be
heard, an opportunity to explain one’s side or an opportunity to seek
b. The test of exemption from taxation is the use of the property for reconsideration of the action complained of.
purposes mentioned in the Constitution.
c. The use of the school building or lot for commercial purposes is neither 3. Ynot vs. IAC
contemplated by law, nor by jurisprudence. [G.R. No. 74457, March 20, 1987]

a. The concept of due process was not given exact definition for
resiliency. Due process is not like some provisions, an “iron rule” laying
down an implacable and immutable command for all seasons and all
persons. Flexibility must be the best virtue of the guaranty.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 27
Amat Victoria Curam

b. Due process is the embodiment of the sporting idea of fair play. The 6. Spouses Romualdez vs. COMELEC
minimum requirements are notice and hearing subject to exceptions: [G.R. No. 167011, April 30, 2008]
(1) Conclusive presumption;
(2) Summary abatement of a nuisance per se; a. The jurisdiction of the Court is determined by the allegations in the
(3) Passport of a person sought for a criminal offense; and complaint or information, and not by the evidence presented by the
(4) Filthy restaurants—because of the nature of the property and urgency parties.
of the need to protect the general welfare from clear and present danger.
b. The Doctrines of Strict Scrutiny, Overbreadth, and Vagueness are
c. Due process is the law which hears before it condemns, which proceeds analytical tools developed for testing on their faces, statutes in Free
upon inquiry and renders judgment only after trial. Speech Cases. They cannot be made to do service when what is involved
is a criminal statute. Otherwise, it would result to mass acquittal of parties
4. Alonte vs. Savellano whose cases may not have even reach the Courts. Such invalidation would
[G.R. No. 131652, March 9, 1998] constitute a departure from the usual requirement of “actual case” and
controversy, and permit decision to be made in sterile abstract having no
a. Due process in Criminal Proceedings particularly require: factual correctness. Under no case may ordinary penal statutes be
(1) That the court or tribunal trying the case is properly clothed with subjected to a facial challenge.
judicial power to hear and determine the matter before it;
(2) That jurisdiction is lawfully acquired by it over the person of the 7. PhilComSat Corporation vs. Alcuaz
accused; [G.R. No. 84818, December 18, 1989]
(3) The accused is given an opportunity to be heard; and
(4) Judgment is rendered only upon lawful hearing. a. Rate-fixing power exercised in a quasi-judicial manner requires prior
notice and hearing. Such rate fixing, although temporary, is not exempt
b. Due process rightly occupies the first and foremost place of honor in from the statutory procedural requirements of notice and hearing, as well
our Bill of Rights, is an enshrined and valuable right that cannot be denied as the requirement of reasonableness.
even to the most undeserving.
b. However, where the function of the administrative body is
5. Aniag vs. COMELEC LEGISLATIVE, notice and hearing is not required by due process. But
[G.R. No. 104961, October 7, 1994] where a public administrative body acts in a judicial or quasi-judicial
matter, and it acts are particular and immediate rather than general and
a. The right to preliminary investigation, although it does not emanate prospective, the person whose rights or property may be affected by the
from the Constitution is an essential element of criminal due process. The action is entitled to notice and hearing.
essence of due process is the reasonable opportunity to be heard and to
submit any evidence one may have in support of his defense. Due process 8. Ang Tibay vs. CIR
guarantees the observance of both substantive and procedural rights from [G.R. No. 46496, February 27, 1940]
whatever source, be it the Constitution or only a statute.
a. Administrative Due Process
(1) Right to a hearing, to present one’s cause and submit evidence in
support thereof;

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 28
Amat Victoria Curam

(2) The tribunal must consider the evidence presented; b. Overbreadth Doctrine
(3) The decision must have something to support itself; It decrees that a governmental purpose to control or prevent activities
(4) The evidence must be substantial; constitutionally subject to state regulations may not be achieved by means
(5) The decision must be based on evidence presented at the hearing or which sweep unnecessarily broadly and thereby invade the area of
contained in the record and disclosed to the parties; protected freedoms.
(6) Judges must act on its own Independent Consideration of the law and
facts of the controversy; and c. Facial Challenge
(7) the decision must have something to support itself. An examination of the entire law, pinpointing its flaws and defects, not
only on the basis of its actual operation to the parties, but also on the
9. Ateneo de Manila vs. Capulong assumption or prediction that its very existence may cause others not
[G.R. No. 99327, May 27, 1993] before the court to refrain from constitutionally protected speech or
activities.
a. Educational Institution Due Process
(1) The students must be informed in writing of the nature and cause of d. As-Applied Challenge
any accusation against them; It considers only extant facts affecting real litigants.
(2) They shall have the right to answer the charges against them with the
assistance of a counsel, if desired; B. EQUAL PROTECTION
(3) They shall be informed of the evidence against them;
(4) They shall have the right to adduce evidence in their own behalf; and 1. People vs. Vera
(5) the evidence must be duly considered by the investigating committee. [G.R. No. 45685, November 16, 1937]

b. An administrative proceeding conducted to investigate a hazing a. A law may appear fair on its face or impartial in appearance, yet, if it
incident need not be clothed with the attributes of a judicial proceeding. permits unjust and illegal discrimination, it is still subject to the
Respondent students have no right to examine affiants-neophytes. Constitutional prohibition.

10. Southern Hemisphere Engagement Network vs. Anti-Terrorism b. There is no difference between a law which denies equal protection and
Council a law which permits of such denial.
[G.R. No. 178552, October 5, 2010]
c. Class legislation discriminating against some and favoring others is
a. Vagueness Doctrine prohibited. But classification on a reasonable basis, and not made
A statute or act suffers from the defect of vagueness when it lacks arbitrarily or capriciously is permitted.
comprehensible standards the men of common intelligence must
necessarily guess its meaning and differ as to its application. It is 2. Villegas vs. Hiu Chiong Tsai Pao Ho
repugnant to the Constitution in two aspects: [G.R. No. L-29646, November 10, 1978]
(1) It violates due process for failure to accord persons, especially the
parties targeted by it, fair notice of the conduct to avoid; and a. A law that does not specify the manner of exercise of discrimination is
(2) It leaves law enforces unbridled discretion in carrying out its violative of the equal protection clause.
provisions and becomes arbitrary flexing the Government muscle.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 29
Amat Victoria Curam

b. While it is true that the Philippines as a State is not obliged to admit 6. Himagan vs. People
aliens within its territory, once an alien is admitted, he cannot be deprived [G.R. No. 113811, October 7, 1994]
of life without due process of law.
a. Police officers may be distinguished from other civil servants without
3. People vs. Cayat violating equal protection clause since they carry weapons and the badge
[G.R. No. L-45987. May 5, 1939] of the law which can be used to harass or intimidate witnesses against
them.
a. Requisites of Equal Protection:
(1) Must rest on substantial distinctions; b. The equal protection clause exists to prevent undue favor or privilege.
(2) Must be germane to the purpose of the law; Recognizing the existence of real differences among men, the equal
(3) Must not be limited to existing conditions only; and protection clause does not demand absolute equality.
(4) Must apply equally to all members of the same class.

b. When the public safety or the public morals require the discontinuance 7. Quinto vs. COMELEC
of a certain practice by a certain class of persons, the hand of the [G.R. No. 189698, February 22, 2010]
Legislature cannot be stayed from providing for its discontinuance by any
incidental inconvenience which some members of the class may suffer. a. There is a valid classification between elected and appointed
government officials.
4. Dumlao vs. COMELEC
[G.R. No. L-52245, January 22, 1980] b. An elected official is not deemed to have resigned from his office upon
the filing of his Certificate of Candidacy for the same or any other elected
a. Age is a valid classification in government service. office or position.

b. The equal protection clause does not forbid all legal classifications. c. Substantial distinctions exist between elective and appointive officials.
What is proscribed is a classification which is arbitrary and unreasonable. The former occupy their office by virtue of the mandate of the electorate.
They are elected to an office for a definite term and may be removed
5. PASEI vs. Drilon therefrom only upon stringent conditions. Appointive officials hold their
[G.R. No. 81958, June 30, 1988] office by virtue of their designation thereto by an appointing authority.

a. Gender is a valid classification. 8. Biraogo vs. Philippine Truth Commission


[G.R. No. 192935, December 7, 2010]
b. Equality before the law does not import a perfect identity of rights
among all men and women. a. The concept of equal justice under the law requires that the State govern
impartially, and it may not draw distinctions between individuals solely
c. What the Constitution prohibits is the singling out of a select person or on differences that are irrelevant to legitimate governmental objectives.
group within an existing class to the prejudice of such person resulting in
an unfair advantage to another person or group of persons.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 30
Amat Victoria Curam

b. Superficial differences do not make for a valid classification. For a SECTION 2. The right of the people to be secure in their persons,
classification to meet the requirements of constitutionality, it must include houses, papers, and effects against unreasonable searches and
or embrace all persons who naturally belong to the class. seizures of whatever nature and for any purpose shall be inviolable,
and no search warrant or warrant of arrest shall issue except upon
c. The mere fact that an individual belonging to a class differs from the probable cause to be determined personally by the Judge after
other members, as long as that class is substantially distinguishable from examination under oath or affirmation of the complainants and
all others, does not justify the non-application of the law to him. witnesses he may produce, and particularly describing the place to be
searched and persons or things to be seized.
d. The Equal Protection Clause does not forbid discrimination as to things
that are different. It does not prohibit legislation which is limited either in 1. People vs. Marti
the object to which it is directed or by territory within which to operate. [G.R. No. 81561, January 18, 1991]

e. Legislation is not unconstitutional merely because it is not all- a. The constitutional guarantee against unreasonable searches and
embracing and does not include all evils within its reach. It has been seizures applies only to government interference and cannot be invoked
written that a regulation challenged under the equal protection clause is against private intrusions.
not devoid of a rational predicate simply because it happens to be
incomplete. Underexclusiveness is not a ground to invalidate a law. b. The mere presence of governmental entity did not convert the
reasonable search effected by Reyes into a warrantless search and seizure
f. A legislature does not run the risk of losing the entire remedial scheme proscribed by the Constitution. Merely to observe and look at which is in
simply because it fails, through inadvertence or otherwise, to cover every plain sight is not search.
evil that might conceivably have been attacked.
c. The Bill of Rights governs the relationship between the individual and
9. Almonte vs. Vasquez the State. Its concern is not the relation between individuals, and other
[G.R. No. 95367, May 23, 1995] individuals. What the Bill of Rights does is to declare some forbidden
zones in the private sphere inaccessible to any power holder.
a. Acceptance of unsigned complainants against a government official
before the Ombudsman does not amount to unjust discrimination. d. But if the search is made upon the request of law enforcers, a warrant
must generally be first secured. If made at the behest of the proprietor of
b. It is the Constitution itself which expressly enjoins the Ombudsman to private establishment for its own and private purposes, and without
act on any complaint filed in any form or manner concerning official acts intervention of the authorities, the right against unreasonable searches and
or omissions. The same is because of the well-known reticence of the seizure cannot be invoked.
people which keep them from complaining against official wrongdoings.
e. The protection against unreasonable searches and seizures cannot be
10. Ormoc Sugar Company vs. Treasurer of Ormoc extended to acts committed by private individuals so as to bring it within
[G.R. No. L-23794, February 17, 1968] the ambit of alleged unlawful intrusion by the Government.

a. The classification to be reasonable, should be in terms applicable to


future conditions as well.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 31
Amat Victoria Curam

2. Stonehill vs. Diokno 4. Soliven vs. Makasiar


[G.R. No. L-19550, June 19, 1967] [G.R. No. 82585, November 14, 1988]

a. The right against unreasonable searches and seizures is a personal one. a. For WARRANT OF ARREST, judges are not required to personally
It can be contested only by the person whose rights have been impaired examine the complainant and his witnesses. He is only mandated to
thereby. personally evaluate the report and the supporting documents submitted by
the fiscal regarding the existence of probable cause, and on the basis
b. General warrants are outlawed because they place the sanctity of thereof, issue a warrant of arrest. If on the basis thereof he finds no
domicile and privacy of communication and correspondence at the mercy probable cause, he may disregard the fiscal’s report and require the
of the whims, caprice, and passion of the peace officers. The explicit submission of additional supporting affidavits of witnesses to aid him in
command of our Bill of Rights is that this to be seized be particularly arriving at a conclusion.
described.
b. However, in case of SEARCH WARRANT, the judge must personally
c. The Exclusionary Rule is the only practical means of enforcing the examine the complainant and his witnesses through searching questions
Constitutional injunction against unreasonable searches and seizures. in accordance with Sections 3 and 4 of Rule 126 of Rules of Criminal
Procedure.
3. Mantaring vs. Judge Roman
[A.M. No. RTJ-93-964, February 28, 1996] 5. Silva vs. Honorary Judge of Negros Oriental
[G.R. No. 81756, October 21, 1991]
a. The issuance of search warrants and warrant of arrest requires the
showing of probabilities as to different facts. But persons named in a. The deposition was already mimeogragphed and all that the witnesses
warrant of arrest need not be included in the search warrant for had to do was fill in their answers on the blanks provided. Mere
prosecution of the offense. generalization will not suffice and does not satisfy the requirements of
probable cause upon which a warrant may issue. The judge must examine
b. Probable Cause; Search Warrant the witness in the form of searching questions and answer. The same must
The determination of probable cause must be based on the finding that the be probing and exhaustive, and not merely general, routinary, and
articles to be seized are connected to a criminal activity and they are found perfunctory.
in the place to be searched. It is not necessary that a particular person be
impleaded. 6. Morano vs. Vivo
[G.R. No. L-22196, June 30, 1967]
c. Probable Cause; Warrant of Arrest
It is based on a finding that a crime has been committed and that the a. Orders of arrest may be issued by administrative agencies but only for
person to be arrested has committed it. The investigating judge must the purpose of carrying out a final finding of a violation of law, and not
examine in writing, and under oath the complainant and his witnesses by for the sole purpose of investigation and prosecution.
searching questions and answers, and be satisfied that there is probable
cause. Also, there must exist a need to place the respondent under b. The Constitutional limitations contemplates an order of arrest in the
immediate custody in order not to frustrate the ends of justice. exercise of judicial power as a step preliminary or incidental to

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 32
Amat Victoria Curam

prosecution, but not as a measure indispensable to carry out a valid 9. Alvarez vs. CFI
decision by a competent official. [G.R. No. 45358, January 29, 1937]

c. The determination of propriety of deportation is not a prosecution for, a. Probable cause must be based on personal knowledge of the
or conviction of a crime, nor is the deportation a punishment, even though complainant or his witnesses. But in issuing warrants, witnesses are not
the facts underlying the decision may constitute a crime under local law. necessary as long as the probable cause is sufficiently established by the
complainant within his direct and personal knowledge; but when
d. The constitutional guarantee against issuance of warrant of arrest upon applicant’s knowledge is mere hearsay, the affidavit of one or more
probable cause to be determined by the judge does not extend to witnesses having personal knowledge is necessary.
deportation proceedings.
b. What constitutes a reasonable or unreasonable search or seizure in any
7. Harvey vs. Santiago particular case is a purely judicial question, determinable from a
[G.R. No. 82544, June 28, 1988] consideration of the circumstances involved, including the purpose of the
search, the presence or absence of probable cause, the manner in which
a. Warrants for the arrest of undesirable aliens may be issued by the the search and seizure was made, the place or thing searched, and the
Commissioner of Immigration to enforce a final decision of deportation. character of the articles procured

b. The deportation proceedings are administrative in character, summary c. A search may be made at NIGHT if it is positively asserted in the
in nature, and need not be conducted strictly in accordance with the affidavit that the property is on the person or in the place ordered to be
ordinary court proceedings. It is however sufficient that the alien shall be searched.
given sufficient information about the charges against him, and a fair
hearing. d. The warrant is unconstitutional if it was issued for the sole purpose of
seizing evidence which would later be used in criminal proceedings.
c. Judicial controversies need not to be observed only such as are
fundamental and essential like cross-examination. Hearsay evidence may e. While the detailed description of the person and place to be searched
also be admitted provided that the alien is given the opportunity to explain and articles to be seized is necessary, where by the nature of the articles
it. to be seized must be rather in general, it is not required that a technical
description be given.
8. Salazar vs. Achacoso
[G.R. No. 81510, March 14, 1990] 10. Mata vs. Bayona
[G.R. No. 50720, March 26, 1984]
a. The Secretary of Labor, not being a judge, cannot issue warrants and
the provision in the Labor Code empowering the Secretary to issue a. For search warrants, depositions are necessary in order that the Judge
warrants is unconstitutional. may be able to properly determine the existence of probable cause, and to
hold liable for perjury the person giving it if it will be found later that his
declarations are false. Hence, mere affidavits of the complainant and his
witnesses are not sufficient. The Judge must take depositions in writing
and attach them to the records of the case.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 33
Amat Victoria Curam

11. People vs. Del Rosario 13. Umil vs. Ramos


[G.R. No. 10933, July 20, 1994] [G.R. No. 81567, July 9, 1990]

a. Officers serving the warrant may only seize the objects described a. Arrest may be made at any time against persons charged with
therein. And that the police authorities have no authority to seize an article continuing crime.
not mentioned in the warrant.
14. People vs. Sucro
b. A search warrant is not a sweeping authority empowering the raiding [G.R. No. 93239, March 18, 1991]
party to undertake a fishing expedition and to confiscate all and any kinds
of evidence related to a crime. a. An offense is committed within the presence of the officer even if the
latter is at a distance when he sees the offense, or hears the disturbance
12. People vs. Gerente created thereby and proceeds at once to the scene of the crime.
[G.R. No. 95847, March 10, 1993]
b. Physical presence is not required provided other senses are operative.
a. A peace officer or a private person may, without a warrant, arrest a But physical presence is not enough without any showing that they are
person: conscious of what was happening around.
(1) When, in his presence, the person to be arrested has committed, is
actually committing, or is attempting to commit an offense; 15. People vs. Rodrigueza
(2) When an offense has just been committed, and he has probable cause [G.R. No. 95902, February 4, 1992]
to believe based on personal knowledge of facts or circumstances that the
person to be arrested has committed it; and a. Agents could not have justified their act by invoking the urgency and
(3) When the person to be arrested is a prisoner who has escaped from a necessity of the situation since the witnesses reveal that the place had
penal establishment or place where he is serving final judgment or is already been put under surveillance for quite some time. Had it been their
temporarily confined while his case is pending, or has escaped while intention to conduct the raid, then they should have first secured a search
being transferred from one confinement to another. warrant.

b. A person lawfully arrested may be searched for dangerous weapons or 16. Go vs. CA
anything which may have been used or constitute proof in the commission [G.R. No. 101837, February 11, 1992]
of an offense without a search warrant.
a. A person cannot be arrested without a warrant for an offense committed
c. The frisk and search of a person upon arrest was a permissible measure six days earlier. None of the arresting officers had any personal
of arresting officers to protect themselves, for the person who is about to knowledge of the facts indicating that petitioner was the gunman. The
be arrested may be armed and might attack them unless he is disarmed. information upon which police acted had been derived from the
statements made by an alleged eyewitness. That information did not,
however, constitute a personal knowledge.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 34
Amat Victoria Curam

17. Posadas vs. CA 19. Malacat vs. CA


[G.R. No. 89139, August 2, 1990] [G.R. No. 123595, December 12, 1997]

a. A lawful search without a warrant may be made even without being a. In a search incidental to lawful arrest, the law requires that there first
preceded by an arrest as in the case of stop and search. be a lawful arrest before a search. The process cannot be reversed.

b. Not all searches and seizures are prohibited. Those which are b. In stop and frisk, where the police has genuine reason to believe and
reasonable are not forbidden. A reasonable search is not to be determined observes an unusual conduct which leads him reasonably to conclude in
by a fixed formula but is to be resolved according to the facts of each case. light of his experience, and surrounding situations, he is entitled for the
protection for himself and others to conduct a carefully limited search of
c. Between the inherent right of the State to protect and promote public the outer clothing of such person.
welfare, and an individual right against warrantless search which is
however reasonably conducted, the former shall prevail. c. The two-fold interests of stop and frisk are:
(1) General interest for effective crime prevention and detection; and
d. The assailed search and seizure may still be justified as akin to a stop (2) More pressing interest of safety and self-preservation.
and frisk situation whose object is either to determine the identity of a
suspicious individual or maintain a status quo momentarily while police
officers seek to obtain more information. It is reasonable for an officer 20. People vs. Amminudin
rather than simply to shrug his shoulder and allow a crime to occur. [G.R. No. L-74869, July 6, 1988]

18. People vs. Mengote a. Expediency cannot be invoked to dispense with the obtention of the
[G.R. No. 87059, June 22, 1992] warrant. They had at least two days within which to obtain a warrant. His
name was known. The vehicle is identified. The date of the arrival is
a. Any evidence obtained as a result of an illegal search or seizure is certain. And from these information, they could easily persuade a Judge
inadmissible in any proceeding for any purpose. This is the celebrated to issue them a warrant. Yet, they did nothing. No effort was made to
Exclusionary Rule based on the justification that only in cases the comply with the law.
prosecution, which itself controls the seizing official, knows that it cannot
profit by their wrong will the wrong be repressed. b. As demanding as the campaign against drug addiction may be, it cannot
be more so than the compulsions of the Bill of Rights for the protection
b. There is nothing to support the arresting officer’s suspicion other than of the liberty of every individual in the realm, including the basest of
Mengote’s darting eyes and his hand on abdomen. By no stretch of criminals.
imagination could it have been inferred that an offense had just been
committed, or he was actually committing an offense. In short, there was 21. People vs. Malmsdedt
no probable cause. [G.R. No. 91107, June 19, 1991]

a. The warrantless search of the personal effects of an accused has been


declared valid because of the smell of marijuana, suspicious action, and
an attempt to flee. NARCOM agents also received information that

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 35
Amat Victoria Curam

vehicles coming from Sagada were transporting Marijuana, and their that the seizure be presumptively reasonable assuming that there is
Commanding Officer also received an Information that a Caucasian on probable cause to associate the property with criminal activity; that a
that particular day had prohibited drugs in his possession. When Nexus exists between a viewed object and criminal activity.
NARCOM received the information, a few hours before the
apprehension, there was not enough time to obtain a warrant. 25. Papa vs. Mago
[G.R. No. L-27360, February 28, 1968]
22. Luz vs. People
[G.R. No. 197788, February 29, 2012] a. The Tariff and Customs Code does not require a search warrant for
purposes of enforcing customs and tariff laws. Any person having police
a. The general procedure for dealing with a traffic violation is not the authority may enforce the search and seizure against dutiable items or
arrest of the offender, but the confiscation of the driver’s license of the prohibited articles that were imported in the Philippines, anywhere,
latter. The apprehending officer must immediately issue a Traffic except dwelling houses.
Violation Report and not indulge in prolonged, unnecessary conversation
or argument with the driver. 26. People vs. Musa
[G.R. No. 96177, January 27, 1993]
23. Espano vs. CA
[G.R. No. 120431, April 1, 1998] a. The Plain View Doctrine may not be used to launch unbridled searches
and indiscriminate seizures nor to extend a general exploratory search
a. A search incidental to a lawful arrest may be extended to premises made solely to find evidence of defendant’s guilt.
within the immediate control of the person arrested.
b. It cannot be said that the plastic bag clearly betrayed its contents,
24. Unilab vs. Isip whether by its distinctive configurations, transparency or otherwise its
[G.R. No. 163958, June 28, 2005] contents are obvious to an observer. Hence, the doctrine of plain view
cannot be applied.
a. The seizure by the officer of objects not described in the warrant cannot
be presumed as plain view. The State must adduce evidence, to prove the 27. People vs. Peralta
confluence of the essential requirement for the doctrine to apply, to wit: [G.R. No. 145176, March 30, 2004]
(1) Valid intrusion of officers in compliance with their legal duties;
(2) Officer must discover the incriminating object inadvertently; and a. Not having raised the legality of his arrest before entering his plea, he
(3) It must be immediately apparent to the police that the item may be is deemed to have waived the illegality of the same. Note, however that,
evidence of a crime. this waiver is LIMITED TO THE ARREST. It does NOT extend to the
search made.
b. Inadvertence means that the officer must not have known in advance
of the location of the evidence and intend to seize it. Discovery must not b. The conspicuous illegality of arrest cannot affect the jurisdiction of the
be anticipated. trial court, because even in the instances not allowed by law, a warrantless
arrest is not a jurisdictional defect, and any objection thereto is waived
c. The Immediately Apparent Test does not require an unduly high degree when the person arrested submits to arraignment without any objection.
of certainty as to incriminating character of evidence. It requires merely

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 36
Amat Victoria Curam

28. Valmonte vs. De Villa d. The prohibition includes verbal, nonverbal, written, or expressive
[G.R. No. 83988, September 29, 1989] communications of “meanings and thought.”

a. True that the manning of checkpoints by the military is susceptible of 2. Zulueta vs. CA
abuse. But at the cost of occasional inconvenience, discomfort, and even [G.R. No. 107383, February 20, 1996]
irritation to the citizen, the checkpoints during abnormal times, when
conducted within reasonable limits are part of the price we pay for an a. A person, by contracting a marriage does not shed his integrity or his
orderly society and peaceful community. right to privacy as an individual and the constitutional protection is ever
available to him even after marriage.
b. Petitioner’s general allegation to the effect that he had been stopped
and searched without a search warrant, and without stating the details of b. The constitutional injunction declaring privacy of communication and
the incident amounting to violation of his rights is NOT sufficient to correspondence shall be inviolable is no less applicable simply because it
enable the Court to determine whether there was a violation of right is the wife who is the party against whom the constitutional provision is
against searches and seizure. Not all searches and seizures are prohibited. to be enforced.
Those which are reasonable are not forbidden.
c. The intimacies of the husband and the wife do not justify any one of
SECTION 3. (1) The privacy of communication and correspondence them in breaking the drawers of the other and ransacking them for any
shall be inviolable except upon lawful order of the Court, or when telltale evidence of marital infidelity.
public safety, or order requires otherwise as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section 3. Navarro vs. CA
shall be inadmissible for any purpose in any proceeding. [G.R. No. 121087, August 26, 1999]

1. Ramirez vs. CA a. RA 4200 ONLY protects communications which are intended to be


[G.R. No. 93833, September 28, 1995] PRIVATE.

a. RA 4200 otherwise known as Anti-Wiretapping Act may be violated 4. Ople vs. Torres
EVEN BY A PARTY to the communication. The law unequivocally [G.R. No. 127685, July 23, 1998]
makes it illegal for ANY person, not authorized by ALL the parties to any
PRIVATE communication to secretly record such communication by a. The essence of privacy is the “right to be left alone.”
means of a tape recorder.
b. Reasonableness of person’s expectation of privacy depends on:
b. The same rule applies even if the record should be used not in the (1) Whether by his conduct, the individual exhibited an expectation of
prosecution of an offense but as evidence to be used in civil cases or privacy; and
special proceedings. (2) When expectation is one society recognizes as reasonable.

c. The nature of the conversation is immaterial to a violation of the statute. c. The indefiniteness of the questioned act can give the government the
The substance of the same need not be specifically alleged in the roving authority to store and retrieve information for purposes other than
information. the identification of the individual. This cannot be done. The data may be

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 37
Amat Victoria Curam

gathered for gainful and useful governmental purpose; but the existence SECTION 4. No law shall be passed abridging the freedom of speech,
of vast reservoir of personal information constitutes a convert invitation of expression, or the press, or the right of the people peaceably to
to misuse, temptation that may be too great for some of our authorities to assemble and petition the government for redress of grievance.
resist.
A. FREEDOM OF EXPRESSION
5. Disini v Secretary of Justice
[G.R. No. 203335, February 18, 2014] 1. Diocese of Bacolod vs. COMELEC
[G.R. No. 205728, January 21, 2015]
a. Decisional privacy involves the right to independence in making certain
important decisions, while informational privacy refers to the interest in a. Theories and Schools of Thoughts that strengthen the need to protect
avoiding disclosure of personal matters. the basic right to freedom of expression:
(1) Right of the people to participate in public affairs, including the right
b. Informational privacy has two aspects: the right not to have private to criticize government actions. It is hazardous to discourage thought,
information disclosed, and the right to live freely without surveillance and hope, and imagination; that fear breeds repression; that repression breeds
intrusion. hate; that hate menaces stable government; that the path of safety lies in
the opportunity to discuss freely supposed grievances and proposed
c. Zones of privacy are recognized and protected in our laws. Within these remedies. The interest of society and maintenance of good government
zones, any form of intrusion is impermissible unless excused by law and demand a full discussion of public affairs.
in accordance with customary legal process. (2) Free speech should be encouraged under the concept of a market place
of ideas. The ultimate good desired is better reached by the free trade in
d. The right to privacy exists independently of its identification with ideas.
liberty; it is in itself fully deserving of constitutional protection. (3) Free speech involves self-expression that enhances human dignity.
This right is a means of assuring individual self-fulfillment among others.
e. Unsolicited commercial communication known as “spam” is entitled to (4) Expression is a marker for group identity. Voluntary associations
protection under freedom of expression. perform an important democratic role in providing forums for the
development of skills for deliberation, and for formation of identity and
f. Even though the Court ruled that real-time traffic data does not enjoy community spirit, and are largely immune from governmental
the objective reasonable expectation of privacy, the existence of enough interference.
data may reveal the personal information of its sender against which this (5) Bill of Rights, free speech, is supposed to protect individuals and
Section 12 fails to safeguard. The Court viewed the law as “virtually minorities against majoritarian abuses perpetrated through framework of
limitless” enabling the law enforcement to engage in fishing expedition, democratic governance.
choosing whatever specified information they want. (6) Free speech must be protected under the Safety Valve Theory. This
provides that non-violent manifestations of dissent reduce the likelihood
g. The Court recognizes the computer as personal property entitled to of violence.
protection against unreasonable searches and seizure. The Constitution
requires the Government to secure first a valid judicial warrant when it b. COMELEC does not have the authority to regulate the enjoyment of
seeks to seize a personal property or block a form of expression. the preferred right to freedom of expression exercised by a non-candidate.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 38
Amat Victoria Curam

c. Content-based restraint or censorship refers to restrictions based on the b. Freedom of expression is available to FOREIGN owned motion picture
subject matter of the utterance or speech. In contrast, content-neutral companies, and is not disqualified only because the motion picture is a
regulation includes controls merely on the incidents of the speech such as commercial activity.
time, place, or manner of the speech.
c. The right to privacy of public figures is narrower compared to an
d. Content based regulation bears a heavy presumption of invalidity, and ordinary individual’s. A limited intrusion into person’s privacy has long
Courts used the clear and present danger rule as its measure—the evil been regarded as permissible where that person is a public figure and the
consequences sought to be prevented must be substantive, extremely information sought to be elicited constitutes matters of a public character.
serious, and the degree of imminence is extremely high.
d. The right of privacy cannot be invoked resist publication and
2. US vs. Bustos dissemination of matters of public interest. The interest sought to be
[G.R. No. L-12592, March 8, 1918] protected by the right of privacy is the right to be free from unwarranted
publicity, from the wrongful publication of private affairs, and activities
a. Freedom of speech includes the freedom to comment on official of an individual which are outside the realm of legitimate public concern.
conduct. The interest of society and maintenance of good government
demand a full discussion of public affairs. e. Being a public figure does not ipso facto destroy in toto a person’s right
to privacy. The right to invade person’s privacy to disseminate public
b. Complete liberty to comment on the conduct of public men is a scalpel information does not extend to a fictional or novelized representation of
in the case of free speech. a person, no matter how public a figure he is.

c. A public officer must not be too thin-skinned with references to f. Public Personage
comments upon his official acts. Of course, criticism does not authorize A person who, by his accomplishments, fame, mode of living, or by
defamation. adopting a profession or calling which gives the public a legitimate
interest in his doings, his affairs and his character, has become a ‘public
3. People vs. Alarcon personage.’ He is, in other words, a celebrity.
[G.R. No. 46551, December 12, 1939]
g. Three reasons why public figures are deemed to have lost their right to
a. Criticisms of judgment of courts are protected by freedom of speech, privacy:
but criticisms on matters still pending with the Court constitutes (1) They had sought publicity and consented to it, and so could not
contempt. It must however, clearly appear that such publication does complain when they received it;
impede, interfere with, and embarrass the administration of justice before (2) Their personalities and their affairs had already become public, and
the author can be answerable for contempt. could no longer be regarded as their own private business; and
(3) The press had a privilege, under the Constitution, to inform the public
4. Ayer Productions vs. Capulong about those who have become legitimate matters of public interest.
[G.R. No. L-82380, April 29, 1988]

a. Freedom of speech and of expression includes the freedom to film and


produce motion pictures for public screening.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 39
Amat Victoria Curam

5. Borjal vs.CA c. Use of public places can only be regulated, but not abridged. Such use
[G.R. No. 126466, January 14, 1999] even from the ancient times been a part of the privileges, immunities,
rights, and liberties of citizens.
a. Privileged communication may either be:
(1) Absolute, i.e. Sec. 11, Art. 6 of Constitution; or d. The sole justification for a limitation on the exercise of this right so
(2) Qualified, under Art. 354 of the RPC. fundamental to the maintenance of democratic institutions, is the danger,
of a character both grave and imminent, of a serious evil to public safety,
b. Doctrine of Fair Comment morals, health, and any other legitimate public interest.
While generally, every discreditable imputation publicly made is deemed
false, when the same is directed against a public person in his public e. The licensing authorities are strictly limited in the issuance of licenses,
capacity, it is not necessarily actionable. To be actionable, it must be a to a consideration of the time, place, and manner of the parade, with a
false allegation based on a false supposition. view to conserving the public convenience, and of affording an
opportunity to provide proper policing, and are NOT invested with
c. The right to privacy of a person who is not a public figure may likewise arbitrary discretion to issue or refuse license.
be restricted if he is involved in a public issue.
f. If the parade is to be conducted in a PRIVATE place, only the consent
d. Truth is irrelevant in libel cases. To require critics to guarantee truth of of the owner, or the one entitled to its legal possession is required.
their assertions is tantamount to censorship since it would deter the critics
form voicing out their criticism. Even assuming that the contents of the 7. Pita vs. CA
articles are false, mere error. Inaccuracy, or even falsity alone does not [G.R. No. 80806, October 5, 1989]
prove actual malice.
a. Test of Obscenity:
e. To maintain a libel suit, it is essential that the victim be identifiable (1) Whether there is a tendency to deprave or corrupt those whose minds
although it is not necessary that he be named. are open to such immoral influences and to whose hands a publication or
other article charged as being obscene may fall; and
6. Reyes vs. Bagatsing (2) That which shocks the ordinary and common sense of men as
[G.R. No. L-65366, November 9, 1983] indecency.

a. Clear and Present Danger Rule b. Basic guidelines:


Freedom of assembly connotes the right of the people to meet peaceably (1) Whether to the average person, applying contemporary standards, the
for consultation and discussion of matters of public concern. It is not to dominant theme of the material, taken as a whole, appeals to prurient
be limited, except on a showing if clear and present danger of substantive interest;
evil that the State has a right to prevent. (2) Whether the work depicts or describes, in a patently offensive way,
sexual conduct specifically defined by the applicable state law; and
b. What is guaranteed is peaceable assembly. One may not advocate (3) Whether the work, taken as a whole, lacks serious literary, artistic,
disorder in the name of protest, much less preach rebellion under the cloak political, or scientific value.
of dissent. The Constitution frowns on disorder or tumult.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 40
Amat Victoria Curam

c. Immoral literature comes within the ambit if free expression, but not its B. ASSEMBLY AND PETITION
protection. There must be objective and convincing, not subjective and
conjectural proof of the existence of clear and present danger. 1. Primicias vs. Fugoso
G.R. No. L-1800, January 27, 1948
d. If the pictures here in question were used not exactly for art’s sake but
rather for commercial purposes, the pictures are not entitled to any a. The right to peaceably assemble is not absolute. It may be regulated
constitutional protection. that it shall not be injurious to the equal enjoyment of others having equal
rights, nor injurious to the rights of community or society.
e. It is essential for the validity of previous restraint or censorship that the
authorities does not rely solely on his own appraisal of what the public b. The authority to regulate the use of streets and other public places does
welfare, peace, or safety may require. not include the outright prohibition of their use.

f. The burden is on the Government to demonstrate that there exist a clear c. To justify suppression of free speech, there must be reasonable ground
and present danger to justify the action to stop the speech. to fear that a serious evil will result if free speech is practiced, that the
danger apprehended is imminent and serious one.
8. SWS vs. COMELEC
G.R. No. 147571, May 5, 2001 d. The fact that speech is likely to result in some violence or in destruction
of property is not enough to justify its suppression. There must be
a. O’Brien Test in determining Governmental Regulation of Free Speech: probability of serious injury to the State.
(1) If it is within the constitutional power of the government;
(2) If it furthers an important substantial governmental interest; 2. Malabanan vs. Ramento
(3) If the governmental interest is unrelated to the suppression of free [G.R. No. 62270, May 21, 1984]
speech; and
(4) if the incidental restriction is no greater than is essential to the a. The student’s right to peaceably assemble and free speech were not
furtherance of that interest. shed at the school house gate. Their exercise to discuss matters affecting
their welfare is not to be subjected to previous restraint or subsequent
b. The prohibition in this case cannot be justified on the ground that it is punishment unless there is a showing of clear and present danger of
only for a limited period and only incidental. The prohibition may be for substantive evil that the State has the right to prevent.
a limited time, but the curtailment of the right of expression is direct,
absolute, and substantial. 3. Dela Cruz vs. CA
[G.R. No. 126183, March 25, 1999]
c. The power to regulate does not include the power to prohibit.
a. Right to peaceably assemble must be exercised only within the
allowable limits as not to prejudice the public welfare.

b. The teachers were penalized not because they exercised their right to
peaceably assemble but because of the manner by which such right was
exercised, i.e., going on unauthorized and unilateral absences thus

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 41
Amat Victoria Curam

disrupting classes in various schools in Metro Manila which produced d. The so-called Calibrated Preemptive Response Policy has no place in
adverse effects upon the students for whose education the teachers were our legal firmament and must be struck down as a darkness that shrouds
responsible. freedom.

c. The higher consideration involved in the case of the striking teachers e. BP 880 cannot be condemned as unconstitutional, it does not curtail or
was the education of the youth which must, at the very least, be equated unduly restrict freedoms. It merely regulates the place, time, and manner
with the freedom of assembly and to petition the government for redress of assemblies. Far from being insidious, maximum tolerance is for the
of grievances. benefit of rallyist, not the government.

4. PBM Employees Assoc. vs. Philippine Blooming Mills SECTION 5. No law shall be made respecting an establishment of
[G.R. No. L-31195, June 5, 1973] religion, or prohibiting the free exercise thereof. The free exercise
and enjoyment of religious profession and worship, without
a. Freedom of expression is primary over property rights. Property and discrimination or preference shall forever be allowed. No religious
property rights can be lost thru prescription, but human rights are test shall be required for the exercise of civil or political rights.
imprescriptible.
1. Aglipay vs. Ruiz
b. A mere reasonable or rational relation between the means employed by [G.R. No. 45459, March 13, 1937]
the law and its object or purpose—that the law is neither arbitrary nor
discriminatory nor oppressive—would suffice to validate a law which a. Religious freedom as a constitutional mandate is not inhibition of
restricts or impairs property rights. On the other hand, a constitutional or profound reverence for religion and is not a denial of its influence in
valid infringement of human rights requires a more stringent criterion, human affairs.
namely existence of a grave and immediate danger of a substantive evil
which the State has the right to prevent. b. The elevating influence of religion in human society is recognized here
as elsewhere. In fact, certain general concessions are indiscriminately
5. Bayan vs. Ermita accorded to religious sects and denominations.
[G.R. No. 169838, April 25, 2006]
2. Garces vs. Estenzo
a. Freedom of assembly, like freedom of speech enjoys primacy in the [G.R. No. L-53487, May 25, 1981]
realm of constitutional protection.
a. If there is nothing unconstitutional or illegal in holding a fiesta and
b. Assemblies have to be for lawful causes; otherwise, they would not be having a patron saint for the barrio, then any activity intended to facilitate
peaceable and entitled for protection. the worship of the patron saint cannot be branded as illegal. The barrio
fiesta is a socioreligious affair. Its celebration is an ingrained tradition in
c. A permit can only be denied on the ground of clear and present danger rural communities. The fiesta relieves the monotony and drudgery of the
to public order, safety, convenience, morals, and health. lives of the masses.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 42
Amat Victoria Curam

3. American Bible Society vs. City of Manila c. Nevertheless, their right not to participate in Flag ceremony does not
[G.R. No. L-9637, April 30, 1957] give them the right to disrupt such patriotic exercises.

a. The constitutional guaranty of the free exercise and enjoyment of d. Two-fold aspect of Religious Freedom:
religious profession and worship carries with it the right to disseminate (1) Freedom to believe, confined to realm of thought; and
religious information. Any restraint of such right can only be justified like (2) Freedom to act on one’s belief, external acts that affects public
other restraints of freedom of expression on the grounds that there is a welfare.
clear and present danger of any substantive evil which the State has the
right to prevent. e. Court is not persuaded that by exempting Jehovah ’s Witness in Flag
Ceremony, this small number of believers will shake and suddenly
4. Iglesia ni Cristo vs. CA produce a nation untaught and uninculcated in and imbued with reverence
[G.R. No. 119673, July 26, 1996] for the flag and patriotism.

a. Freedom of religion is “designed to protect the broadest possible liberty f. Coerced unity and loyalty even to the country is not a goal that is
of conscience, to allow each man to believe as his conscience directs, to constitutionally obtainable at the expense of religious liberty. A desirable
profess his beliefs, and to live as he believes he ought to live, consistent end cannot be promoted by prohibited means.
with the liberty of others and with the common good.”
g. Expulsion of Jehovah’s Witness will violate their right to Free
b. It is error to think that the mere invocation of religious freedom will Education.
stalemate the State and render it impotent in protecting the general
welfare. The inherent police power can be exercised to prevent religious 6. Estrada vs. Escritor
practices inimical to society. [A.M. No. P-02-1651, June 22, 2006]

c. The constitutional provision on religious freedom terminated a. Benevolent Neutrality recognizes that the Government must pursue its
disabilities, it did not create new privileges. It gave religious liberty, not secular goals and interests, but at the same time, strive to uphold religious
civil immunity. Its essence is freedom from conformity to religious liberty to the greatest extent possible within flexible constitutional limits.
dogma, not freedom from conformity to law because of religious dogma. Although the morality contemplated by law is secular, Benevolent
Neutrality could allow for accommodation of morality based on religion
5.Ebralinag vs. Division Superintendent of Cebu provided it does not offend the compelling state interest.
[G.R. No. 95770, March 1, 1993]
b. The Free Exercise Clause prohibits the government from inhibiting
a. Singing of National Anthem and saluting the flag may not be imposed religious beliefs and practice, while Establishment Clause prohibits
against citizens whose religious belief prohibit the same. government form inhibiting religious beliefs with rewards for religious
beliefs or practices. These clauses were intended to deny the power to use
b. The sole justification of prior restraint or limitation on exercise of either the carrot or the stuck to influence individual religious belief.
religion is the existence of a grave and present danger of character both
grave and imminent, of serious evil to public safety, morals, or health or
other legitimate interest on which the State has the right to prevent.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 43
Amat Victoria Curam

c. Three questions asked to determine the existence of a compelling state conscientious objections based on religious belief violates the religious
interest: belief and conviction of a conscientious objector.
(1) Has the government action created a burden on the exercise of
religion? c. Though it has been said that the act of referral is an opt- out clause, it
(2) Is there sufficiently compelling interest to justify infringement of is, however, a false compromise because it makes pro-life health
religious liberty? providers complicit in the performance of an act that they find morally
(3) Has the State used the least intrusive means to achieve its legitimate repugnant or offensive. They cannot, in conscience, do indirectly what
purpose? they cannot do directly.

d. Standard of Separation: d. While the RH Law seeks to provide freedom of choice through
(1) Strict Separationist “Jeffersonian Wall” there must be absolute barrier informed consent, freedom of choice guarantees the liberty of the
between religion and state religious conscience and prohibits any degree of compulsion or burden,
(2) Benevolent Neutrality or Accommodation “William Wall” religion whether direct or indirect, in the practice of one’s religion.
plays an important wall in the public life.
e. The freedom to believe is intrinsic in every individual and the protective
e. Adoption of Benevolent Neutrality Accommodation approach does not robe that guarantees its free exercise is not taken off even if one acquires
mean that the Court ought to grant exemptions every time a free exercise employment in the government.
claim before it. The interest of the State should also be afforded utmost
protection to draw the line between mandatory, permissible, and f. While generally healthcare service providers cannot be forced to render
forbidden religious exercise. reproductive health care procedures if doing it would contravene their
religious beliefs, an exception must be made in life-threatening cases that
f. The State must articulate in specific terms the State interest involved in require the performance of emergency procedures.
preventing the exemption, which must be compelling for only the gravest
abuses, endangering paramount interest can limit the fundamental right to SECTION 6. The liberty of abode and changing of the same within
religious freedom. the limits prescribed by law shall not be impaired except upon lawful
order of the court. Neither shall the right to travel be impaired except
7. Imbong vs. Ochoa in the interest of national security, public safety, or public health, as
[G.R. No. 204819, April 8, 2014] may be provided by law.

a. The State sponsored procurement of contraceptives does not violate 1. Marcos vs. Manglapus “Marcoses’ Return”
religious freedom. The State may pursue its legitimate secular objectives [G.R. No. 88211, Septemebr 15, 1989]
without being dictated by a Religion. To allow religious sects to dictate
policy would violate non-establishment clause which would amount to a. The right to return to one’s country is NOT among the rights
adherence to a particular religion. specifically guaranteed in the Bill of Rights, which treats only the Liberty
of abode and the right to travel. Nonetheless, right to return to one’s
b. Sec. 7, 23 and 24 which compel a hospital to immediately refer a person country may be reckoned as a generally accepted principle of
seeking health care under the law to another hospital despite International Law, therefore, part of the law of the land.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 44
Amat Victoria Curam

b. The right to return to one’s country is distinct and separate from the documents and papers pertaining to official acts, transactions, or
right to travel and enjoys different protection under International decisions, as well as to government research data used as basis for
Covenant on Civil and Political Rights, and Universal Declaration of policy development, shall be afforded the citizen, subject to such
Human Rights. limitations as may be provided by law.

c. The power involved is the President’s Residual Power to protect the 1. Legaspi vs. CSC “Eligibility Certificate”
general welfare of the people, the duty to preserve and defend the [G.R. No. 72119, May 29, 1987]
Constitution and to take care that the laws are faithfully executed.
a. The right to information on matters of public concern is a self-executing
2. Manotoc vs. CA “Bail” right. The supply the rules by means of which, the right to information
[G.R. No. L-62100, May 30, 1986] may be enjoyed.

a. A Court has the power to prohibit a person admitted to bail from leaving b. The duty to regulate inspection of the public documents does not
the country. This is a necessary consequence of the nature and function include the power to prohibit. Government agencies are without
of the bail bond. The condition imposed is to make himself available at discretion in refusing disclosure of, or access to, information of public
all times whenever the Court required his presence operates as a valid concern, but not to lose sight of the reasonable regulations which may be
restriction. If the accused were allowed to leave the country without imposed by the custodian of the public records in exercising this right.
sufficient reason or absolute necessity, he may be placed beyond the reach They may prescribe the manner and hours of examination to the end that
of the courts. damage to or loss of the records may be avoided, that undue interference
with the duties of custodian of the books and documents may be
3. Silverio vs. CA “Other Grounds” prevented, and the right of other persons entitled to inspection may be
[G.R.No. 94284, April 8, 1991] insured.

a. The right to travel may be impaired by courts of justice even for reasons c. This constitutional duty that devolves upon the custodian of public
other than the promotion of national security, public health, or safety. records, not being discretionary may be compelled by a Writ of
Mandamus provided that the information sought is one of public concern
b. Sec. 6 of the Bill of Rights should not be construed as delimiting the or interest, and not exempted by law to its operation.
Inherent power of the Courts to use all means necessary to carry orders
into effect in cases pending before them. All the auxiliary powers, writs, d. Availability of access to a particular public record must be
process, and other means necessary to carry into effect may be employed circumscribed by the nature of the information sought and confined only
by such court. to:
(1) Matters of public concern or involves public interest; and
c. The function of the bail bond remained unchanged whether under the (2) Those not being exempted by law from operation of Constitutional
1935, 1973, or 1987 Constitution. Hence, it is still a necessary Guarantee.
consequence of restriction on right to travel.
The threshold question is whether or not the information sought is of
SECTION 7. The right of the people to information on matters of public interest or public concern.
public concern shall be recognized. Access to official records, and to

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 45
Amat Victoria Curam

e. In case of denial of access, the government agency concerned has the recognizes the duty of the officialdom to give information even if nobody
burden of showing that the information requested is not of public concern demands.
or interest, or that the same has been exempted by law.
b. The contents of MOA-AD is a matter of paramount public concern
2. Valmonte vs. Belmonte, Jr. “GSIS Loan” involving public interest in the highest order. It involves sovereignty and
[G.R. No. 74930, February 13, 1989] territorial integrity of the State which directly affects the lives of public
at large. The ICCs/IPs have, under the IPRA, the right to participate fully
a. An informed citizenry with access to diverse current political, moral, at all levels of decision-making in matters which may affect their rights,
and artistic thought and data relative to them, and free exchange of ideas lives, and destinies. The MOA-AD failed to justify its non-compliance
and discussions on issues thereon is vital to democratic government. with the clear-cut mechanisms ordained in IPRA, which entails, among
others, the observance of the free and prior informed consent of the
b. The right to information extends to Government Owned and Controlled ICCs/IPs. The IPRA does NOT grant the Executive Department or any
Corporations, whether performing proprietary, or governmental Governmental Agency the power to delineate and recognize an ancestral
functions, and likewise cover the negotiation stage of the transaction. domain claim by mere agreement of compromise.
Because the government, whether carrying out its sovereign attributes, or
running some business discharges the same function of service to the c. Access to information of general interest aids the people in democratic
people. decision-making by giving them a better perspective if the vital issues
confronting the nation, so that they may be able to criticize and participate
c. The right to information does not include the right to demand copies of in the affairs of the government in a responsible, reasonable, and effective
the documents. It does not accord them a right to compel custodians of manner.
official records to prepare lists, abstracts, summaries, and the like in their
desire to acquire information on matters of public concern. d. Matters of public concern covered by the right to information include
steps and negotiations leading to the consummation of the contract.
d. It is essential for a Writ of Mandamus to issue that the applicant has a Otherwise, the people can never exercise the right if no contract is
well-defined, clear, and certain legal right to the thing demanded and that consummated, and if one is consummated, it may be too late for the public
it is the imperative duty of defendant to perform the act required. to expose its defects. Requiring a consummated contract will keep the
public in the dark, and prevent the citizenry from participating in the
e. The public nature of the loanable funds of the GSIS and the public public discussion of the proposed contract effectively truncating a basic
office held by the alleged borrowers make the information sought clearly right enshrined in the Bill of Rights.
a matter of public interest and concern.
4. Echegaray vs. Secretary of Justice “Lethal Injection”
3. Province of Cotabato vs. GRP Peace Panel on Ancestral Domain [G.R. No. 132601, October 12, 1998]
“Peace Talks”
[G.R. No. 183591, October 14, 2008] a. The contents of the execution manual are matters of public concern
which the public may want to know, either because these directly affect
a. The right to information under the Bill of Rights is the right of the their lives, or simply because such matters arouse the interest of an
people to demand information, while Sec. 28 of Art. II of the Constitution ordinary citizen.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 46
Amat Victoria Curam

b. The Court finds the requirement of confidentiality of the contents of d. There is no doubt that recovery of alleged Marcos ill-gotten wealth, by
the manual even with respect to the convict as unduly suppressive. It sees its nature, assumes public character. The assets and properties referred to
no legal impediment for the convict, should he so desire, to obtain a copy supposedly originated from the government itself. To all intents and
of the same. purposes, they belong to the people.

c. The Court finds the first paragraph of Sec. 19 of IRR a veritable 6. In Re: Production of Court Records and Documents and the
vacuum. The Secretary has practically abdicated the power to promulgate Attendance of Court Officials and Employees as witness under
the manual on the execution procedure to the Director of Corrections, by Subpoenas for the Impeachment Prosecution Panes dated January
not providing for a mode of review, or approval. 19-25, 2012 “CJ Corona Impeachment”

5. Chavez vs. Presidential Commission on Good Governance a. Members and officials of the court are duty-bound to observe the
[G.R. No. 130716, December 9, 1998] privileged communication and confidentiality rules if the integrity of the
administration of justice were to be preserved. Not even members of the
a. Full public disclosure extends to information relative to the negotiation court, on their own and without the consent of SC can testify on matters
of the public transaction. It is incumbent upon the PCGG to disclose covered by the prohibition and exclusion, particularly with respect to
sufficient public information on any proposed settlement they have matters pending resolution before the SC.
decided to take up with the ostensible owners and holders of ill-gotten
wealth. But such information must pertain to definite propositions of the b. In the Judiciary, privileges, against disclosure of official records, create
government, not necessarily to intra or inter-agency recommendations of a hierarchy of rights that protect certain confidential relationships over
communications during the stage when common assertions are still in the and above public’s evidentiary needs or right of every man’s evidence.
process of being formulated or are in the “exploratory stage.” Accordingly, certain information contained in the records of the cases
before the SC are considered confidential and are exempt from disclosure.
b. Four groups which may be exempted: The need arises from the dictates of the integrity of the Court’s decision-
(1) National Security Matters; making function which may be affected by the disclosure of information.
(2) Trade Secrets and Banking Transactions;
(3) Criminal Matters; and c. The Internal Rules of the SC prohibits the disclosure of:
(4) Other Confidential Information, i.e. Classified Official Information, (1) Result of the raffle of the case;
Diplomatic Correspondence, Closed Door Cabinet Meetings, Executive (2) Actions taken by the Court on each case included in the agenda of
Sessions, and Internal Deliberations. Court’s session; and
(3) Deliberations of the members in court sessions on cases and matters
Likewise, information on inter-government exchange prior to conclusion pending before it.
of treaties and executive agreements may be subject to reasonable
safeguards for the sake of national interest. d. Court deliberations are traditionally recognized as privileged
communication. The rules on confidentiality will enable the members of
c. In the final analysis, it is for the courts to determine on a case to case the court to freely discuss the issues without any fear of criticism for
basis whether the matter at issue is of interest or importance, as it related holding unpopular positions or fear of humiliation for one’s comments.
to or affects the public. This is the so called “Deliberative Process Privilege.”

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 47
Amat Victoria Curam

e. While the Internal Rules speak only of confidentiality of court litigant requests information on the result of the raffle of the case,
deliberations, it is understood that the rule extends to documents and other pursuant to Rule 7, Section 3 of the IRSC;
documents and communications which are part of or are related to the (2) Court deliberations or the deliberations of the Members in court
deliberative process. The Deliberative Process Privilege protects from sessions on cases and matters pending before the Court;
disclosure documents reflecting advisory opinions, recommendations, (3) Court records which are “predecisional” and “deliberative” in nature,
and deliberations that are component parts of the process for formulating in particular, documents and other communications which are part of or
governmental decisions and policies. related to the deliberative process, i.e., notes, drafts, research papers,
internal discussions, internal memoranda, records of internal
f. To qualify for protection of Privilege, the agency must show that the deliberations, and similar papers.
document is both: (4) Confidential Information secured by justices, judges, court officials
(1) Predecisional, those that are made in the attempt to reach a final and employees in the course of their official functions, mentioned in (2)
conclusion; and and (3) above, are privileged even after their term of office.
(2) Deliberative, if it reflects the give and take of the consultative process (5) Records of cases that are still pending for decision are privileged
and that the disclosure would encourage candid discussion within the materials that cannot be disclosed, except only for pleadings, orders and
agency, or would expose the government’s decision-making process resolutions that have been made available by the court to the general
undermining the court’s ability to perform their functions, the information public.
is deemed privileged. Hence, it cannot be the subject of a subpoena. (6) The principle of comity or inter-departmental courtesy demands that
the highest officials of each department be exempt from the compulsory
g. The privilege insulated the Judiciary from an improper intrusion and processes of the other departments.
shields them from public scrutiny or pressure of public opinion that would (7) These privileges belong to the Supreme Court as an institution, not to
impair a judge’s ability to render impartial decisions. any justice or judge in his or her individual capacity. Since the Court is
higher than the individual justices or judges, no sitting or retired justice
h. Members of the Court may not be compelled to testify in the or judge, not even the Chief Justice, may claim exception without the
impeachment proceedings against the Chief Justice about information consent of the Court.
they acquired in the performance of their official functions. The Justices
may not be subject to any compulsory process in relation to the SECTION 8. The right of the people, including those employed in the
performance of their adjudicatory functions based on inter-departmental public and private sectors, to form unions, associations, or societies
courtesy. for purposes not contrary to law shall not be abridged.

i. Witnesses need not be summoned to testify on matters of public record 1. SSS Employees Association vs. CA
based on necessity and trustworthiness. [G.R. No. 85279, July 28, 1989]

j. The following are privileged documents or communications, and are not a. The right to strike is not included in the guarantee of association to
subject to disclosure: government employees including GOCCs with original charters. In
(1) Court actions such as the result of the raffle of cases and the actions recognizing the right of government employees to organize, the
taken by the Court on each case included in the agenda of the Court’s Commissioners intended to limit the right to the formation of unions or
session on acts done material to pending cases, except where a party associations only, without the right to strike because the terms and
conditions of employment in the government are governed by law.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 48
Amat Victoria Curam

b. Government workers cannot use the same weapon employed by Union, but the agreement shall not cover members of any religious sect
workers in the private sectors to secure concessions from their employers which prohibits any affiliation of their members in any such labor
since they are settled through the process of collective bargaining. In organization pursuant to RA 3350.
government employment, it is the legislature which fix the terms and
conditions of the employment effected through laws. d. Members of religious sects cannot be compelled or coerced to join labor
unions even when said unions have a Closed Shop Agreement, and they
c. Employees in the civil service may not resort to strike, walkouts, and cannot be dismissed on that ground alone. It does not prohibit the
other temporary work stoppages to pressure the Government to accede to members of said religious sects from affiliating with unions, and still
their demands. leaves to members the liberty and power to affiliate or not.

d. The Government, in contrast to the private employer, protects the 3. In Re: IBP Membership Dues Delinquency of Atty. Edillon
interest of all people in the public service, and such conflicting interests [A.C. No. 1928, August 3, 1978]
as are present in the private labor relations could not exist in the
relationship between government and those whom they employ. a. The right to association is not violated by integrating in the bar.
Integration does not make a lawyer a member of any group of which he
e. The government employees may, through their unions or associations is not already a member. He became a member of the bar when he passed
petition the Congress for the betterment of the terms and conditions of the Bar Examinations.
employment which are within the ambit of legislation or negotiate with
appropriate government agencies for improvements of those which are b. All the integration does actually does is to provide an official national
not fixed by law. organization for the well-defined but unorganized and incohesive group
of which every lawyer is already a member.
2. Victoriano vs. Elizalde Rope Worker’s Union “Closed Shop”
[G.R. No. L-25246, September 4. 1974] c. Bar integration does not compel a lawyer to associate to anyone. He is
free to attend or not in the meetings, or refuse to vote. The only
a. The right to join associations includes the right not to join which compulsion to which he is subject is the payment of Dues. The fee is
includes two broad notions: indeed imposed as regulatory measure, designed to raise funds for
(1) Liberty or Freedom, absence of legal restraint and act for himself carrying out the objectives, and purposes of integration.
without being prevented by law; and
(2) Power, where an employee may as he pleases, join or refrain from SECTION 9. Private property shall not be taken for public use
joining associations. without just compensation.

b. It is the employee who should decide for himself whether to join or not. SECTION 10. No law impairing the obligations of contracts shall be
And even after he has joined, he still retains the liberty and power to leave passed.
the organization at any time.

c. The legal protection granted is withdrawn by operation of law, where a


labor union and an employer have agreed on a “Closed Shop Agreement”
under the CBA, where the employer may employ only members of the

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 49
Amat Victoria Curam

1. Rutter vs. Esteban e. The resolution in question was passed in the exercise of Police Power
[G.R. No. L-3708, May 18, 1953] to safeguard or promote the health, safety, peace, good order, and general
welfare of the people in the locality.
a. Generally, a Moratorium Law is Constitutional. The true test lies in the
determination of the period of suspension of the remedy. It is required 3. Lozano vs. Martinez “B.P. 22”
that such suspension be definite, and reasonable, otherwise, it would be [G.R. No. L-63419, December 18, 1986]
violative of Constitution. It is a justified valid exercise by the state of
police power being an emergency measure. a. The freedom of contract which is constitutionally protected is freedom
to enter into “lawful contract.” Contracts which contravene public policy
b. In this case, creditors would have to observe a vigil of at least 12 years are not lawful.
before they could effect liquidation which period is unreasonable, if not
oppressive. Creditors are left at the mercy of their creditors. The injustice b. Checks cannot be categorized as mere contracts, they are commercial
is more patent when the debtor is not even required to pay interest during documents which forms part of banking system and therefore not entirely
the period of relief. free from regulatory power of the state.

2. Ortigas & Co. vs. Feati Bank and Trust Co. c. The magnitude of amount involved amply justifies legitimate concern
[G.R. No. L-24670, December 14, 1979] of the State in preserving the integrity of the banking system. The harmful
practice of putting valueless commercial papers in circulation multiplied
a. Zoning regulations may impair the contractual relations of parties. a thousand-fold can very well pollute the channels of trade and commerce,
Police power legislation then is not likely to succumb to the challenge that injure the banking system and eventually hurt the welfare of the society
thereby contractual rights are rendered nugatory. and public interest.

b. Not only are existing laws read into contracts in order to fix obligations d. The law punishes the act not as an offense against property, but as an
as between the parties, but the reservations of essential attributes of offense against public order.
sovereign power is also read into as postulate of legal order.
4. Ganzon vs. Inserto “Mortgage to Bond”
c. The policy of protecting contracts against impairments presupposes the [G.R. No. L-56450, July 25, 1983]
maintenance of a government by virtue of which contractual relations are
worthwhile, a government which retains adequate authority to ensure the a. Courts cannot change the obligations of the parties.
peace and order of the society.
b. The Real Estate Mortgage constituted cannot be substituted by a surety
d. While non-impairment of contracts is constitutionally guaranteed, it is bond. The mortgage lien is inseparable from the mortgaged property—a
not absolute since it has to be reconciled with the legitimate exercise of right in rem. To substitute mortgage with a surety bond would convert
Police Power, and may only be judicially inquired if it is exercised in such lien from a right in rem, to a right in personam. Which cannot be
capricious, whimsical, and unjust, or unreasonable manner. ordered without violating the rights of the mortgagee under mortgage
contract.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 50
Amat Victoria Curam

c. Questioned orders violate non-impairment clause since the substitution 1. Ho Wai Pang vs. People
of the mortgage with a surety bond would in effect change the terms and [G.R. No. 176229, October 19, 2011]
conditions of the contract.
a. Infractions of the so-called Miranda Rights of the accused during the
SECTION 11. Free access to courts and quasi-judicial bodies and custodial investigation render only extrajudicial confession or admissions
adequate legal assistance shall not be denied to any person by reason of the suspect inadmissible as evidence. The admissibility of other
of poverty. relevant evidence are not affected even if obtained or taken in the course
of custodial investigation.
1. In Re: Query of Mr. Prioreschi “Good Shepherd”
[A.M. No. 09-6-9-SC, August 19, 2009] b. The determination of guilt of the accused in this case was based on the
testimonies of the prosecution witness and on the existence of confiscated
a. Only a natural party litigant may be regarded as an indigent litigant. shabu. Allegation of violation of Miranda Rights is material only in cases
The Good Shepherd, being a corporation with separate juridical which the extrajudicial admission or confession extracted from becomes
personality from its members cannot be accorded the exemption from the sole basis of conviction.
legal and filing fees granted to indigent litigants.
2. Gamboa vs. Cruz “Police Line-up”
b. Free access clause applies only to natural person who suffers from [G.R.No. L-56291, June 27, 1988]
poverty. Extending the same to a juridical person may be prone to abuses
particularly by corporations and entities bent on circumventing the rule a. The right to counsel attaches upon the start of an investigation. At such
on payment of the fees and that scrutiny of compliance with the point, the person must be assisted by counsel to avoid pernicious practice
documentation requirements may prove too time-consuming and wasteful of extorting false or coerced admissions or confessions from the lips of
for the courts. the person.

SECTION 12. (1) Any person under investigation for the commission b. Since the petitioner in course of his identification in the police line-up
of an offense shall have the right to be informed of his right to remain had not yet been held to answer for a criminal offense, he was not
silent, to have a competent and independent counsel preferably of his therefore deprived of his right to counsel. The police line-up was not part
own choice. If the person cannot afford the services of a counsel, he of custodial inquest, he was not yet entitled to counsel. When the process
must be provided with one. These rights cannot be waived except in had not yet shifted from general inquiry to the accusatory stage, accused
writing and in the presence of counsel. may not yet avail of the services of his lawyer.
(2) No torture, force, violence, threat, intimidation, or any other
means which vitiate the free will shall be used against him. Secret 3. People vs. Macam
detention places, solitary, incommunicado, or other similar forms of [G.R. No. 91011, November 24, 1994]
detentions are prohibited.
(3) Any confession or admission obtained in violation of this and a. A police line-up after custodial investigation has started should be with
Section 17 hereof shall be inadmissible in evidence against him. the assistance of counsel.
(4) The law shall provide for penal and civil sanctions for violations
of this section as well as compensation to and rehabilitation of victims b. It is appropriate to extend counsel to critical stages of prosecution even
of torture or similar practices, and their families. before trial. A police line-up may be considered a critical stage of

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 51
Amat Victoria Curam

proceedings. After the start of custodial investigation, any identification 5. People vs. Pinlac
of an uncounseled accused made in a police line-up is inadmissible. [G.R. No. 74123, September 26, 1988]

c. An accused is not entitled to an acquittal even if rights under custodial a. The reading of the constitutional rights is not sufficient; the officer must
investigation were violated. He may still be convicted based on other explain these rights. It contemplates a transmission of a meaningful
relevant evidence presented by the prosecution. information rather than just the ceremonial and perfunctory recitation of
an abstract constitutional principle. It implies a correlative obligation on
4. People vs. Judge Ayson the part of the police to explain, and contemplates an effective
[G.R. No. 85215, July 7, 1989] communication that results in understanding what is conveyed. Short of
this is a denial of the right.
a. Custodial investigation is also called in-custody interrogation.
b. The burden is on the prosecution to establish that all constitutional
b. Rights of a Person rights have been accorded even without objection.
(I) Before the case is filed:
(1) To remain silent; c. Re-enactment is part of the custodial investigation since it involves a
(2) To counsel; and deprivation of liberty in a significant way.
(3) not to be subjected to torture.
6. People vs. Bolanos
(II) After the case has been filed: [G.R. No. 101808, July 3, 1992]
(1) To refuse to be a witness against himself;
(2) To testify on his own behalf subject to cross examination; and a. Confessions made while on board the police patrol car on the way to
(3) Right against self-incrimination. the police station is already part of the custodial investigation in which
case, the accused is already entitled to the service of a counsel.
c. Administrative investigations are not part of the custodial investigation
since the questioning must be initiated by law enforcement officers. b. Since the glaring fact that the alleged confession obtained while on
d. The accused here was not in any way under custodial interrogation. He board the police car was the only reason for the conviction, he must be
voluntarily answered questions and even offered to compromise and acquitted.
cannot be excluded on the ground of violation of Miranda Rights.
7. People vs. Andan
e. Disciplinary sanctions may not be imposed until and unless the [G.R. No. 116437, March 3, 1997]
employee has been accorded due process. He may refuse to submit
statements, but should he do so, it would be absurd to reject his statements a. An investigation begins when it is no longer a general inquiry into an
whether in administrative or criminal action subsequently brought on the unsolved crime but starts to focus on a particular person as a suspect.
ground of violation of Miranda rights.
b. Confessions made voluntarily and spontaneously are not covered by
the rights on custodial investigation.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 52
Amat Victoria Curam

c. When the appellant talked with the Mayor as a confidant and not as a understood. An oral confession need not be repeated in verbatim, but must
law enforcer, his uncounseled confession to him did not violate his be given in substance.
constitutional rights.
10. People vs. Alicando
d. Constitutional procedures do not apply to a spontaneous statement not [G.R. No. 117487, December 12, 1995]
elicited through questioning by authorities, but given in an ordinary
manner whereby appellant orally admitted having committed the crime. a. The exclusionary rule extends to evidence obtained through
What the Constitution bars is the compulsory disclosure of incriminating uncounseled confession. It is not only the uncounseled confession that is
facts or confessions. condemned as inadmissible, but also evidence derived therefrom.

e. Appellant’s confessions to the news reporters given freely, and without b. Exclusionary Rule and “Fruit of the Poisonous Tree”
undue influence from the police authorities are admissible. Once the primary source is shown to have been unlawfully obtained, any
f. Exclusionary rule is premised on the presumption that the defendant is secondary or derivative evidence from it is also inadmissible. Illegally
thrust into an unfamiliar atmosphere and runs through menacing police seized evidence obtained as a direct result of the illegal act whereas the
interrogations and procedures where potentiality for compulsion, fruit of poisonous tree is the indirect result of the same illegal act. The
physically and psychologically is forcefully apparent. rule is based on principle that evidence illegally obtained by the State
should not be used to gain other evidence because the originally illegally
8. Navallo vs. Sandiganbayan obtained evidence taints all evidence subsequently obtained.
[G.R.No. 97214, July 18, 1994]
c. It is also the burden of the prosecution to show that the evidence derived
a. Audit examinations are not part of custodial investigation. A person from confession is not tainted as fruit of the poisonous tree. The burden
under normal audit examination is not under custodial investigation. An has to be discharged by clear and convincing evidence.
audit examiner can hardly be deemed to be the law enforcement officer
contemplated by law. SECTION 13. All persons, except those charged with offenses
punishable by reclusion perpetua when evidence of guilt is strong,
9. People vs. Dy shall, before conviction, be bailable by sufficient sureties, or be
[G.R. No. 74517, February 23, 1988] released on recognizance as may be provided by law. The right to bail
shall not be impaired even when the privilege of the writ of habeas
a. Spontaneous statements not elicited through questioning is not part of corpus is suspended. Excessive bail shall not be required.
custodial investigation.
1. Basco vs. Rapatalo
b. The declaration of an accused acknowledging his guilt of the offense [Adm. Matter No. RTJ-96-1335, March 5, 1997]
charged may be given in evidence against him. It may in a sense be
regarded as part of the res gestae. a. In theory, the main function of bail is to ensure the appearance of the
defendant at the time set for trial.
c. Any person who is competent to be a witness who heard the confession
is competent to testify as to the substance of what he heard and b. Hearing is mandatory when application for bail is made. The
prosecution has the burden of showing that the evidence of guilt is strong.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 53
Amat Victoria Curam

However, determination whether the evidence of guilt is strong remains a 3. People vs. Fortes
judicial discretion. Such discretion means one guided by law, governed [G.R. No. 90643, June 25, 1993]
by Rules, not by humour; it must not be arbitrary, vague, and fanciful; but
legal and regular. a. Bail cannot be granted to an accused who has been convicted of a
capital offense even if the judgment of conviction is appealed. In this case,
c. The judge is mandated to conduct a hearing even in cases where bail is neither a matter of right on the part of the accused, nor of discretion
prosecution chooses to just file a comment or leave the application for on the part of the court. Conviction imports that evidence of his guilt of
bail at the discretion of the Court. the offense charged is strong.

d. Another reason why hearing is required is for the court to take into 4. Comendador vs. De Villa
consideration the guidelines set forth under the Rules in fixing the amount [G.R. No. 93177, August 2, 1991]
of bail.
a. The right to bail is not available to the members of the Armed Forces
e. Duties of the Court whenever an application for bail is filed: who are under the jurisdiction of Court Martial because of the unique
(1) Notify the prosecutor of the hearing of the application for bail, or structure of the military. It is vital to note that mutinous soldiers operate
require him to submit recommendations; within the framework of democratic system. National security
(2) Conduct a hearing regardless whether or not the prosecution present considerations should also impress, the truly disquieting thought is that
evidence. they could freely resume their heinous activity which could very well
(3) Decide whether the evidence of guilt is strong based on summary of result in the overthrow of duly constituted authorities, and replace them
evidence; with a system consonant with their own concept of government and
(4) If the evidence of guilt is not strong, grant the application of bail. justice.
Otherwise, deny the application.
5. Baylon vs. Judge Sison
f. The right to bail can be waived. It is a right which is personal to the [Adm. Matter No. 92-7-360-0, April 6, 1995]
accused.
a. The application for bail shall follow the 3-day Motion Rule. The
2. People vs. Judge Donato prosecution must be given an opportunity to present, within a reasonable
[G.R. No. 79269, June 5, 1991] time, all the evidence that it may desire to introduce before the court may
resolve the motion for bail. If the prosecution should be denied such an
a. The character of bail shall be determined by the law in force at the time opportunity, there would be a violation of procedural due process, and the
that the application is pending. order of the Court granting bail should be considered void.

b. The prosecution does not have the right to present evidence for the 6. Manotoc vs. Court of Appeals
denial of bail in the instances where bail is a matter of right. However, [G.R. No. L-62100, May 30, 1986]
when grant of bail is discretionary, due process requires that the
prosecution must be given an opportunity to present evidence of guilt. a. The object of bail is to relieve the accused of imprisonment and to
secure the appearance of the accused so as to answer the call of the court,
and do what the law may require. Such condition imposed on bail to make

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 54
Amat Victoria Curam

himself available at all times whenever the Court requires operates as a 8. Government of Hong Kong vs. Hon. Olalia
valid restriction on his right to travel. [G.R. No. 153675, April 19, 2007]

7. Government of the U.S. vs. Judge Puruganan a. The modern trend in public international law is the primacy placed on
[G.R. No. 148571, September 24, 2002; December 17, 2002] the worth of the individual person and the sanctity of human rights. These
significant events show that the individual person is now a valid subject
a. Five Postulates of Extradition of International Law.
(1) Extradition is a major instrument for the suppression of crime;
(2) The requesting State will accord due process to the accused; b. The State is under obligation to make available to every person under
(3) Extradition proceedings are Sui Generis; detention such remedies which safeguard their fundamental right to
(4) The compliance shall be made in good faith; liberty. These remedies include the right to be admitted to bail. In light of
(5) There is underlying flight of risk the various International Treaties, giving recognition and protection to
human rights, particularly the right to life and liberty, a reexamination of
b. The right to due process is broad enough to include the grant of basic the case of Puruganan is in order.
fairness to extraditees. It is a dynamic, resilient, and adaptable right
calling to every situation for its application. c. The exercise of State’s power to deprive an individual of his liberty is
not necessarily limited to criminal proceedings. If bail can be granted in
c. To best serve the ends of justice, after a potential extradite has been deportation proceedings, the Court sees no reason why should it be denied
arrested, or placed under the custody of law, bail may be applied for and in extradition. After all, both are administrative where innocence or guilt
granted as an exception upon showing of clear and convincing evidence of the person is not in issue.
that he will not be a flight risk or a danger to the community, and there
exist a special, humanitarian, and compelling reasons. The burden is upon d. CJ Puno proposed a new standard which he termed “clear and
the applicant to prove the two-tiered requirement. convincing evidence” which should be used in granting bail in Extradition
cases. This standard is lower than proof beyond reasonable doubt, but
d. Extradition is basically an executive, not a judicial responsibility higher than preponderance of evidence. The potential extradite must
arising from the presidential power to conduct foreign relations. It prove by clear and convincing evidence that he is not a flight risk and will
partakes of a nature of police assistance amongst the States, which is not abide with all the orders and processes of the extradition court.
normally a judicial prerogative.
SECTION 14. (1) No person shall be held to answer for a criminal
e. Upon receipt of the petition for extradition, the Court shall determine offense without due process of law.
whether the same is sufficient in form and substance, they show (2) In all criminal prosecutions, the accused shall be presumed
compliance with the extradition treaty or law, and the offense and person innocent until the contrary is proved, and shall enjoy the right to be
sought is extraditable. heard by himself and counsel, to be informed of the nature and cause
of the accusation against him, to have a speedy, impartial, and public
f. Extradition proceedings are separate and distinct form the trial for the trial, to meet the witnesses face to face, and to have compulsory
offenses for which he is charged. He should apply for bail before the process to secure the attendance of witnesses and the production of
courts trying the criminal cases, not before extradition court. evidence in his behalf. However, after arraignment, trial may proceed

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 55
Amat Victoria Curam

notwithstanding the absence of the accused: Provided, that he has 3. Alonte vs. Savellano
been duly notified and his failure to appear is unjustifiable. [G.R. No. 131652, March 9, 1998]

A. CRIMINAL DUE PROCESS a. Indispensable Elements of Criminal Due Process:


(1) The Court or Tribunal trying the case is properly clothed with judicial
1. Tatad vs. Sandiganbayan power to hear and determine the matter before it.
[G.R. Nos. L-72335-39. March 21, 1988] (2) Jurisdiction is lawfully acquired by it over the person of the accused.
(3) Accused is given the opportunity to be heard.
a. The long delay in the termination of Preliminary Investigation is (4) Judgment is rendered only upon lawful hearing.
violative of due process. Substantial adherence to the requirements of the
law governing preliminary investigation, including compliance with the b. Any deviation from the regular course of trial should always take into
time limitation is part of the due process constitutionally guaranteed. consideration the rights of all parties to the case. There can be no short-
cut to the legal process, and there can be no excuse for not affording an
b. Absence of preliminary investigation can be corrected by giving the accused his full day in court.
accused such investigation. But an undue delay cannot be corrected, for
until now, man has not yet invented a device for setting back time. c. Due Process, rightly occupying the first and foremost place of honor in
our Bill of Rights is enshrined and invaluable right that cannot be denied
2. Galman vs. Sandiganbayan even to the most underserving.
[G.R. No. 72670, September 12, 1986]
B. PRESUMPTION OF INNOCENCE
a. The very acts of being summoned to Malacañang and their ready
acquiescence are themselves dramatized and exemplified. Any avowal of 1. People vs. Dramayo
independent action or resistance became illusory from the very moment [G.R. No. L-21325, October 29, 1971]
they stepped inside Malacañang.
a. Accusation is not synonymous with guilt. It is incumbent on the
b. The Court cannot permit such a sham trial and verdict and travesty of prosecution to demonstrate that culpability lies. Their freedom is forfeited
justice to stand unrectified. The Courts of law under its aegis are courts only if proof beyond reasonable doubt is in existence.
of justice and equity. They have no reason to exist if they were allowed
to be used as mere tools of injustice, deception, and duplicity to subvert b. Every circumstance favoring the innocence of the accused should be
and suppress the truth, instead of repositories of judicial power whose taken into account. The proof against him must survive the test of reason.
judges are sworn and committed to render impartial justice without fear The strongest suspicion must not be permitted to sway judgment.
or favor and removed from the pressure of politics and prejudice.
c. By proof beyond reasonable doubt is not meant that which of possibility
may arise, but it is that doubt engendered by an investigation of the whole
proof, and an inability after such investigation to let the mind rest easy
upon certainty of guilt. Absolute certainty is not demanded by law, only
moral certainty is required.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 56
Amat Victoria Curam

d. It is better to acquit a man upon the ground of reasonable doubt, even b. A forfeiture proceeding under Tariff and Customs Law is not penal in
though he may in reality be guilty, than to confine in the penitentiary for nature, they do not result in the conviction of the offender nor imposition
the rest of his natural life a person who may be innocent. of the penalty. It is purely civil and administrative in character. The
penalty in seizure cases is distinct and separate from the criminal liability
2. Dumlao vs. COMELEC that might be imposed against indicted importer. Hence, proof beyond
[G.R. No. L-52245, January 22, 1980] reasonable doubt is not required to justify the forfeiture, only substantial
evidence is demanded by law, or that a reasonable mind might accept to
a. Presumption of guilt upon filing of charges violates the constitutional justify a conclusion.
presumption of innocence.
C. RIGHT TO BE HEARD BY HIMSELF AND COUNSEL
b. The challenged proviso contravenes the constitutional presumption of
innocence, as a candidate is disqualified from running public office on the 1. People vs. Holgado
ground alone that charges have been filed against him. It condemns before [G.R. No. L-2809, March 22, 1950]
one is fully heard. They are placed in the same category as a person
already convicted. a. Duties of the Court whenever accused is without any counsel:
(1) It must inform the accused that he has the right to have an attorney
3. Marquez vs. COMELEC before being arraigned;
[G.R. No. 112889, April 18, 1995] (2) After giving such information, the court must ask him if he desires the
aid of an attorney;
a. A fugitive from justice may be disqualified to run for public office. The (3) If he desires and is unable to employ one, the court must assign a
phrase “fugitive from justice” includes not only those who flee after Counsel de Officio to defend him;
conviction to avoid punishment but likewise those who, after being (4) If the accused desires to procure an attorney of his own, the court must
charged, flee to avoid prosecution. grant him a reasonable time therefor.

4. Corpus vs. People b. Even the most intelligent or educated man may have no skill in the
[G.R. No. 74259, February 14, 1991] science of the law, particularly in the rules of procedure, and, without
counsel, he may be convicted not because he is guilty but because he does
a. There is no equipoise if the evidence is not evenly balanced. The not know how to establish his innocence.
equipoise rule cannot be invoked where the evidence of the prosecution
is overwhelming. 2. People vs. Agbayani
[G.R. No. 122770, January 16, 1998]
5. Feeder International Line vs. CA
[G.R. No. 94262 May 31, 1991] a. Failure of the records of the case to disclose that the accused was
informed of his right to counsel does not constitute violation of his
a. A corporate entity has no personality to invoke the right to be presumed constitutional rights. The presumption that the law has been obeyed, and
innocent which right is available only to an individual who is an accused official duty has been regularly performed stand. The Court is presumed
in a criminal case. to have complied with its four-fold duties. For it is often less difficult to
do things correctly that to describe them.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 57
Amat Victoria Curam

b. The failure of the record to disclose affirmatively that the Court advised D. RIGHT TO BE INFORMED OF THE NATURE AND CAUSE
the accused of his right to counsel is not a sufficient ground to reverse OF THE ACCUSATION AGAINST HIM
conviction. The Court is presumed to have complied with the procedure
prescribed bay law, and such presumption can only be overcome by 1. People vs. Quitlong
contrary evidence. [G.R. No. 121502, July 10, 1998]

3. Amion vs. Judge Chiongson a. Evidence of conspiracy is not enough for an accused to bear and to
[A.M. No. RTJ-97-1371, January 22, 1999] respond to all its grave legal consequences, it is essential that the accused
should have been apprised when the charge is made.
a. The Constitutional Right of the Accused to be heard by counsel cannot
be exercised to the prejudice of other parties. b. Three-fold Reasons of Right to be Informed
(1) To enable the accused to adequately prepare for his defense;
b. The preference in the choice of counsel pertains more aptly and (2) To avail himself of his conviction or acquittal for protection against
specifically to a person under investigation rather than one who is the further prosecution for the same cause; and
accused in the criminal prosecution. (3) To inform the court of the facts, so that it may decide whether they are
sufficient in law to support a conviction.
c. Even if we are to extend the application of the concept of “preference”
in the choice of counsel, such discretion cannot partake of a discretion so c. The information must set forth the facts and circumstances that have
absolutely and arbitrary as would make the choice of counsel refer bearing on the culpability and liability of the accused so that the accused
exclusively to the predilection of the accused. It does not convey a can properly prepare for and undertake his defense.
message that the choice of a lawyer is exclusive as to preclude other
equally competent and independent attorneys from handling the case. d. A conspiracy indictment need not aver all the components of
Otherwise, the tempo of the criminal proceedings will be solely in the conspiracy or allege all the details. Neither is it necessary to describe
hands of the accused who can impede, or obstruct the progress of the case conspiracy with particularity required in describing a substantive offense.
by simply invoking such right of preference. It is enough that it contains a statement of facts relied upon to be
constitutive of the offense in ordinary and concise language, with as much
d. The accused’s discretion with respect to the choice of counsel is not so certainty as the nature of the case will admit in a manner that can enable
much as to grant him a plenary prerogative which would preclude other a person of common understanding to know what is intended, and with
equally competent counsel to represent him. such precision that the accused may plead his acquittal or conviction to a
subsequent indictment based on the same facts.
e. There is no denial of right to counsel where a counsel de oficio was
appointed during the absence of accused’s counsel de parte pursuant to e. An information, in order to ensure that the constitutional right of the
the desire of the Court to finish the case as early as possible. accused to be informed of the nature and cause of his accusation is not
violated, must state:
(1) The name of the accused;
(2) The designation given to the offense by the statute;
(3) A statement of the acts or omissions so complained of as constituting
the offense;

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 58
Amat Victoria Curam

(4) The name of the offended party; f. What determines the real nature and cause of accusation against an
(5) The approximate time and date of the commission of the offense; and accused is the actual recital of facts stated in the information or complaint,
(6) The place where the offense has been committed. and not the caption or preamble of the information.

2. Pecho vs. People 3. Soriano vs. Sandiganbayan


[G.R. No. 111399, September 27, 1996] [G.R. No. L-65952, July 31, 1984]

a. An accused may be convicted of an offense which is necessarily a. The description in the complaint or information controls over the
included in or necessarily includes the offense proven. designation of the offense.

b. When there is variance between the offense charged in the complaint 4. Borja vs. Mendoza
or information and that proved, and the offense as charged is included in [G.R. No. L-45667, June 20, 1977]
or necessarily includes the offense proved, the accused shall be convicted
of the offense proved which is included in the offense charged, or of the a. Arraignment is the stage where in the mode and manner required by the
offense charged which is included in the offense proved. rules, the accused is given the opportunity to know the precise charge that
confronts him. It is not a useless formality, much less an idle one.
c. An offense charged necessarily includes that which is proved, when
some of the essential elements or ingredients of the former, as this is b. Arraignment is an indispensable requirement of the right of the accused
alleged in the complaint or information, constitute the latter. And an to be informed of the nature and cause of the accusation against him.
offense charged is necessarily included in the offense proved, when the
essential ingredients of the former constitute or form a part of those c. The duty of the courts to conduct an arraignment is an affirmative one,
constituting the latter. which the court must perform, and it must act on its own volition, unless
waived.
d. An accused may be convicted of an offense provided it is included in
the charge, or an offense charged which is included in the offense proved. d. It is imperative that he is made fully aware of possible loss of freedom,
An accused can be convicted only when it is both charged and proved. In and be informed why the prosecuting arm of the State is mobilized against
other words, variance between the allegation and proof cannot justify him.
conviction for either the offense charged or the offense proved unless
either is included in the other. E. RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL

e. When the offense proved is less serious than, and is necessarily 1. People vs. Tee
included in the offense charged, the defendant shall be convicted of the [G.R. Nos. 140546-47, January 20, 2003]
offense proved. On the other hand, when the offense proved is more
serious than and includes the offense charged, in which case, the a. A speedy trial means a trial conducted according to the law of criminal
defendant shall be convicted only of the offense charged. procedure and rules free from vexatious, capricious, and oppressive
delays.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 59
Amat Victoria Curam

b. The concept of speedy trial is relative, and it involves weighing of 3. Conde vs. Rivera
several factors such as: [G.R. No. 21741, January 25, 1924]
(1) The length of the delay;
(2) Reason for the delay; a. Where the Prosecution, without any good cause, secures postponements
(3) The conduct of the prosecution; of the trial of the defendant against his protest beyond a reasonable period,
(4) The efforts exerted by the defendant to asset his right; and the accused is entitled to relief by a proceeding in mandamus to compel a
(5) The prejudice and damage caused to the accused. dismissal of the information, or if he be restrained of his liberty, by habeas
corpus to obtain freedom.
c. In determining the right of an accused to speedy trial, courts should do
more than a mathematical computation of the number of postponements 4. Mateo, Jr. vs. Villaluz
of the scheduled hearings of the case. It is violated when proceedings are [G.R. Nos. L-34756-59, March 31, 1973]
attended by vexatious, capricious, and oppressive delays, and unjustified
postponements, or without cause or justifiable motive, where a long a. Due process of law requires a hearing before an impartial and
period of time is permitted to elapse without the party having his case disinterested tribunal, and that every litigant is entitled to nothing less
tried. than the cold neutrality of an impartial judge.

2. Flores vs. People b. A judge must strive to be at all times wholly free, disinterested,
[G.R. No. L-25769, December 10, 1974] impartial, and independent. He has the duty of rendering just decisions,
and the duty of doing it in a manner completely free from suspicion, as to
a. The Government should be the last to set an example of delay, and its fairness and integrity.
oppression in the administration of justice, and it is the moral and legal
obligation of this court to see that the criminal proceedings against the c. A judge may, in the exercise of his sound discretion, disqualify himself
accused come to an end, and that they be immediately discharged from from sitting in a case for just and valid ground other than those mentioned
the custody of law. under the Rules. He should exercise his discretion in a way that the
people’s faith in the courts of justice is not impaired. There is a legitimate
b. An accused is entitled to a trial at the earliest opportunity, he cannot be expectation that the decision arrived at would be the application of the
oppressed by delaying the commencement of trial for unreasonable length law to the facts as found by a judge who does not play favorites.
of time.
d. To avoid any further controversies, lower court judges are well advised
c. The Constitution does not say that the right to speedy trial may be to limit themselves to the task of adjudication and to leave to others the
availed of only where the prosecution for crime is commenced and role of notarizing declarations.
undertaken by the fiscal. It does not exclude from its operation cases
commenced by private individuals. Where once a person is prosecuted, e. A fair and impartial judge is not that of a hermit who is out of touch
he is entitled to a speedy trial irrespective of the nature of the offense and with the world. He is a cerebral man who deliberately holds in check the
manner it was commenced. tug and pull of purely personal preferences and prejudices which he shares
with the rest of his fellow mortals.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 60
Amat Victoria Curam

5. Garcia vs. Domingo 7. In re: request for Live Radio and TV Coverage of the Trial in the
[G.R. No. L-30104, July 25, 1973] Sandiganbayan of the Plunder Cases against Former President
Joseph Estrada
a. Trial is public when attendance is open to all irrespective of relationship [A.M. No. 00-1-4-03-SC, September 13, 2001]
to parties. His being stranger to the litigants is of no moment. It is
designed to offset any danger of conducting an illegal and unjust manner a. Court proceedings may be filmed for record purposes only, and not for
of trial, and thus served as a deterrence to arbitrariness. public showing.

b. It suffices to satisfy the requirement of a trial being public if the accused b. No one can prevent the making of a movie based on the trial. But at
could have his friends, relatives, and counsel present, no matter with what least, if a documentary record is made of the proceedings, any movie that
offense he may be charged. may later be produced can be checked for its accuracy against such
documentary and attempt to distort the truth can be averted.
6. People vs. Teehankee, Jr.
[G.R. No. 11206-08, October 6, 1995] c. It is perceptive for its recognition of the serious risks posed to the fair
administration of justice by Live TV Coverage especially when emotions
a. It is true that the print and broadcast media gave the case pervasive are high, while at the same time acknowledging the necessity of keeping
publicity. But the right of the accused to a fair trial is not incompatible to audio-visual recordings of the proceedings of celebrated cases for public
a free press. To be sure, responsible reporting enhances an accused’s right information and exhibition after passions have subsided.
to a fair trial for, as well as pointed out that a responsible press has always
been regarded as the handmaiden of effective judicial administration. d. While the Courts recognized the constitutionally embodied freedom of
the press and right to public information, the overriding consideration is
b. Pervasive publicity is not per se prejudicial to the right of an accused still the paramount right of the accused to due process which must never
to fair trial. The mere fact that the trial of the accused was given a day-to- be allowed to suffer diminution in its constitutional proportions.
day, gavel-to-gavel coverage does not by itself prove that the publicity so
permeated the mind of the trial judge and impaired his impartiality. e. Although the accused has a right to public trial, this is a right that
belongs to him more than anyone else, where his life or liberty can be held
c. Our judges are learned in the law and trained to disregard off-court critically in balance. A public trial aims to ensure that he is fairly dealt
evidence and on-camera performance of parties to a litigation. Their mere with and would not be unjustly condemned and that his rights are not
exposure to publications and publicity stunts does not per se fatally infect compromised.
their impartiality.
8. Re: Petition For Radio And Television Coverage Of The Multiple
d. To warrant a finding of prejudicial publicity, there must be an Murder Cases Against Maguindanao Governor Ampatuan, et al.
allegation and proof that the judges have been unduly influenced, not [A.M. No. 10-11-5-SC, June 14, 2011; October 23, 2012]
simply that they might be, by the barrage of publicity.
a. On possible influence of media on the impartiality of trial court,
prejudicial publicity insofar as it undermines the right to a fair trial must
pass the totality of circumstances test.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 61
Amat Victoria Curam

b. Voting unanimously, the Court granted Pro Hac Vice the request f. The contention that the presumption of innocence will be violated is
subject to several guidelines. Justice Carpio stated that it is about time to untenable. He is still presumed innocent. A judgment of conviction must
craft a win-win situation that shall not compromise rights in the criminal still be based upon the evidence presented. The same must prove his guilt
administration of justice, sacrifice press freedom, and allied rights and beyond reasonable doubt. Also, due process is also not violated, since he
interfere with the integrity, dignity and solemnity of judiciary was given an opportunity to be heard but by his failure to appear, he
proceedings. virtually waives these rights.

c. One apparent reason of allowing the petition is due to impossibility of g. An escapee who has been duly tried in absentia waives his right to
accommodating all interested parties inside the courtroom. Technology present evidence on his own behalf and to confront and cross examine
tends to provide the solution. That law and technology can work to the witnesses who testified against him.
advantage and furtherance of the various rights involved.
2. People vs. Valeriano
F. TRIAL IN ABSENTIA [G.R. Nos. 103604-05, September 23, 1993]

1. People vs. Mapalao a. A judgment of conviction may be promulgated after the accused has
[G.R. No. 92415, May 14, 1991] been tried in absentia.

a. An accused who is tried in absentia waives his right to present evidence b. The lower court erred in holding that no penalty can be imposed in the
as well as his rights to bail and appeal. accused because he is nowhere to be found, hence, not brought to the bar
of justice.
b. In criminal cases, jurisdiction over the person of the accused is acquired
either by his arrest or voluntary appearance. Jurisdiction once acquired is c. One who jumps bail can never afford a justifiable reason for his non-
not lost upon the instance of parties but continues until the case is appearance during the trial.
terminated.
d. After trial in absentia, the court can render judgment in the case and
c. Requisites of Trial in Absentia promulgation may be made by simply recording the judgment in the
(1) That there has been an arraignment; docket with copies thereof served to the counsel, provided, notice
(2) Accused has been notified; and requiring him to be present at the promulgation is served through his
(3) Accused failed to appear and his failure to do so is not justified. bondsmen or warden.

d. Upon the termination of a trial in absentia, the court has the duty to rule F. RIGHT TO CONFRONTATION
upon the evidence presented. The Court need not wait for the time until
accused who escaped from custody finally decided to appear in court to 1. United States vs. Javier
present his evidence. To allow the delay is to render ineffective the [G.R. No. L-12990, January 21, 1918]
constitutional provision on trial in absentia.
a. The affidavit of a deceased person who has not been examined is
e. What the constitution guarantees him is a fair trial, not continued inadmissible in evidence.
enjoyment of his freedom even if his guilt could be proved.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 62
Amat Victoria Curam

b. The right of confrontation was intended to prevent the conviction of the c. Before a subpoena duces tecum may issue, the court must first be
accused upon depositions or ex parte affidavits, and particularly to satisfied that the following requisites are present:
preserve the right of the accused to test the recollection of the witness in (1) the books, documents or other things requested must appear prima
the exercise of right of cross-examinations. facie relevant to the issue subject of the controversy (test of relevancy);
and
2. Talino vs. Sandiganbayan (2) such books must be reasonably described by the parties to be readily
[G.R. Nos. L-75511-14, March 16, 1987] identified (test of definiteness).

a. If several co-accused were tried separately, testimonies made in one d. Requisites of compelling attendance of witness:
case cannot be considered in the others, unless, they are accorded their (1) The evidence is material;
right to confrontation. (2) Accused is not guilty of neglect in previously obtaining production of
b. If separate trial is allowed to one or two defendants, his testimony such evidence;
therein imputing the guilt to any other co-accused is not admissible (3) The evidence will be available at the time desired;
against the latter who was not able to cross-examine. (4) No similar evidence can be obtained.

c. The Right to Confrontation is afforded to the accused, who should e. These rights cannot be an instrument to embark on a fishing expedition
know, in fairness, who his accusers are, and must be given a chance to to derail the placid flow of trial, nor to lengthen the proceedings.
cross examine them. No accusation is permitted to be made against his
back or in his absence, nor is any derogatory information accepted if it is SECTION 15. The privilege of the writ of habeas corpus shall not be
made anonymously. suspended except in cases of invasion or rebellion, when the public
safety requires it.
G. COMPULSORY PROCESS
1. Lansang vs. Garcia (Note: Under 1935 Consti)
1. Roco vs. Contreras [G.R. No. L-33964, December 11, 1971]
[G.R. No. 158275, June 28, 2005]
a. Two conditions must concur for the valid exercise of the authority to
a. A general inquisitorial examination of all the books, papers, and suspend the privilege to the writ:
documents of an adversary, conducted with a view to ascertain whether (1) There must be invasion, insurrection, or rebellion or imminent danger
something of value may not show up, will not be enforced. thereof; and
(2) Public safety must require the suspension of the privilege.
b. To secure a Subpoena Duces Tecum, it must appear by clear and
unequivocal proof that the book or document sought contains evidence b. The Court has the authority to inquire into the existence of the factual
relevant and material to the case, and that the same has been designated bases of the suspension of the privilege of the writ of habeas corpus in
or described that it may be identified. order to determine the constitutional sufficiency thereof.
c. The authority to suspend the privilege of the writ is circumscribed,
confined and restricted, not only by the prescribed setting or the
conditions essential to its existence, but, also, as regards the time when
and the place where it may be exercised. These factors and the

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 63
Amat Victoria Curam

aforementioned setting or conditions mark, establish and define the 3. In Re: The Issuance of the Writ of Habeas Corpus for Dr. Aurora
extent, the confines and the limits of said power, beyond which it does Parong, et al. vs. Ponce Enrile
not exist. And, like the limitations and restrictions imposed by the [G.R. No. L-61388, April 20, 1983]
Fundamental Law upon the legislative department, adherence thereto and
compliance therewith may, within proper bounds, be inquired into by a. When it comes to a decision by the head of the State upon a matter
courts of justice. involving its life, the ordinary rights of individuals must yield to what he
deems the necessities of the moment. Public danger warrants the
d. When individual freedom is used to destroy social order, by means of substitution of executive process for judicial process.
force and violence, in defiance of the Rule of Law—– such as by
committing the crime of rebellion—– there emerges a circumstance that b. The grant of the power to suspend the privilege provides the basis for
may warrant a limited withdrawal of the guarantee or protection (of every continuing with perfect legality the detention as long as the invasion or
single member of our citizenry to freely discuss and dissent from, as well rebellion has not been repelled or quelled, and the need therefor in the
as criticize and denounce, the views, the policies and the practices of the interest of public safety continues.
government and the party in power that he deems unwise, improper or
inimical to the commonweal, regardless of whether his own opinion is c. The suspension of the privilege is a military measure the necessity of
objectively correct or not), by suspending the privilege of the writ of which the President alone may determine as an incident of his grave
habeas corpus, when public safety requires it. responsibility as the Commander-in-Chief of the Armed Forces, of
protecting not only public safety but the very life of the State, the
e. In the exercise of its authority, the function of the Court is merely to government and duly constituted authorities.
check—– not to supplant—– the Executive, or to ascertain merely
whether he has gone beyond the constitutional limits of his jurisdiction, d. The existence of warlike conditions as are created by invasion,
not to exercise the power vested in him or to determine the wisdom of his rebellion or insurrection, the direst of all emergencies that can possibly
act. confront a nation, argues, beyond dispute, against subjecting the
President’s actions in this regard to judicial inquiry or interference from
2. Jackson vs. Macalino whatever source.
[G.R. No. 139255, November 24, 2003]
e. The specific mention in the Constitution of rebellion and insurrection
a. The ultimate purpose of the writ of habeas corpus is to relieve a person along with invasion and imminent danger thereof, shows that the terms
from unlawful restraint. “rebellion and insurrection” are used therein in the sense of a state or
condition of the Nation, not in the concept of a statutory offense.
b. The term “court” includes quasi-judicial bodies like the Deportation
Board of the Bureau of Immigration. f. What, should determine the legality of imposing what is commonly
referred to as “preventive detention” resulting from the suspension of the
c. What is to be inquired into is the legality of his detention as of, at the privilege of habeas corpus, is the necessity of its adoption as a measure to
earliest, the filing of the application for a writ of habeas corpus, for even suppress or quell the rebellion, or beat off an invasion. The necessity for
if the detention is at its inception illegal, it may, by reason of supervening such measure as a means of defense for national survival quite clearly
events, be no longer illegal at the time of the filing of the application. transcends in importance and urgency the claim of those detained to the
right to bail to obtain their freedom.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 64
Amat Victoria Curam

g. The suspension of the privilege of the writ of habeas corpus must, presentation of evidence by all the parties, specially where the deferment
indeed, carry with it the suspension of the right to bail, if the government’s would cause no substantial prejudice to any party.
campaign to suppress the rebellion is to be enhanced and rendered
effective. If the right to bail may be demanded during the continuance of c. The desideratum of a speedy disposition of cases should not, if at all
the rebellion, and those arrested, captured and detained in the course possible, result in the precipitate loss of a party’s right to present evidence
thereof will be released, they would, without the least doubt, rejoin their and either in plaintiff’s being non-suited or the defendant’s being
comrades in the field thereby jeopardizing the success of government pronounced liable under an ex parte judgment.
efforts to bring to an end the invasion, rebellion or insurrection.
2. Flores vs. People
h. Both power and right are constitutionally granted, with the difference [G.R. No. L-25769, December 10, 1974]
that the guarantee of the right to liberty is for personal benefit, while the
grant of the presidential power is for public safety. The power comes into a. The trial, to comply with the requirement of the law, must be free from
being during extreme emergencies the exercise of which, for complete vexatious, capricious, and oppressive delays.
effectiveness for the purpose it was granted should not permit
interference, while individual freedom is obviously for full enjoyment in SECTION 17. No person shall be compelled to be a witness against
time of peace, but in time of war or grave peril to the nation, should be himself.
limited or restricted.
1. United States vs. Tan Teng
i. The duty of the judiciary to protect individual rights must yield to the [G.R. No. 7081, September 7, 1912]
power of the Executive to protect the State, for if the State perishes, the
Constitution, with the Bill of Rights that guarantees the right to personal a. The prohibition of compelling a man in a criminal court to be a witness
liberty, perishes with it. against himself, is a prohibition of the use of physical or moral
compulsion, to extort communications from him, not an exclusion of his
SECTION 16. All persons shall have the right to a speedy disposition body as evidence, when it may be material. It is simply a prohibition
of their cases before all judicial, quasi-judicial, or administrative against legal process to extract from the defendant's own lips, against his
bodies. will, an admission of his guilt.

1. Padua vs. Ericta b. An inspection of the bodily features by the court or by witnesses, cannot
[G.R. No. L-38570, May 24, 1988] violate the privilege, because it does not call upon the accused as a
witness—it does not call upon the defendant for his testimonial
a. Postponements of trials and hearings should not be allowed except on responsibility. Evidence obtained in this way from the accused, is not
meritorious grounds; and the grant or refusal thereof rests entirely in the testimony by his body but his body itself.
sound discretion of the Judge, which must be reasonably and wisely
exercised, in the light of the attendant circumstances. c. To admit the doctrine (that to admit evidence taken from the body was
to compel the defendant to testify against himself) would:
b. Some reasonable deferment of the proceedings may be allowed or (1) Exclude the testimony of a physician or a medical expert who had
tolerated to the end that cases may be adjudged only after full and free been appointed to make observations of a person who plead insanity as a
defense;

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 65
Amat Victoria Curam

(2) Prevent the courts from making an examination of the body of the c. For the purposes of the constitutional privilege, there is a similarity
defendant where serious personal injuries were alleged to have been between one who is compelled to produce a document, and one who is
received by him; compelled to furnish a specimen of his handwriting, for in both cases, the
(3) Prohibit courts from looking at the face of a defendant even, for the witness is required to furnish evidence against himself.
purpose of disclosing his identity;
(4) Prohibit the sanitary department of the Government from examining d. Compelling one to furnish a specimen of his handwriting is more
the body of persons who are supposed to have some contagious disease. serious than that of compelling the production of documents or chattels,
because the witness is compelled to write and create, by means of the act
2. Villaflor vs. Summers of writing, evidence which does not exist, and which may identify him as
[G.R. No. 16444, September 8, 1920] the falsifier.

a. The maxim of the common law, Nemo tenetur seipsum accusare (“no e. Whenever the defendant, at the trial of his case, testifying in his own
man is bound to accuse himself”), was recognized in a revolt against the behalf, denies that a certain writing or signature is in his own hand, he
thumbscrew and the rack (torture). may on cross-examination be compelled to write in open court in order
that the jury may be able to compare his handwriting with the one in
b. On a proper showing and under an order of the trial court, an ocular question. However, this does not apply to an investigation prior to the
inspection of the body of the accused is permissible. The proviso is that information and with a view to filing it.
torture or force shall be avoided.
4. Chavez vs. Court of Appeals
c. It is a reasonable presumption that in an examination by reputable and [G.R. No. L-29169, August 19, 1968]
disinterested physicians due care will be taken not to use violence and not
to embarrass the patient any more than is absolutely necessary. Indeed, a. The right against self-incrimination is "not merely a formal technical
no objection to the physical examination being made by the family doctor rule the enforcement of which is left to the discretion of the court"; it is
of the accused or by doctor of the same sex can be seen. mandatory; it secures to a defendant a valuable and substantive right; it is
fundamental to our scheme of justice.
3. Beltran vs. Samson
[G.R. No. 32025, September 23, 1929] b. The constitutional proscription was established on broad grounds of
public policy and humanity; of policy because it would place the witness
a. There is the well-established doctrine that the constitutional inhibition against the strongest temptation to commit perjury, and of humanity
is directed not merely to giving of oral testimony, but embraces as well because it would be to extort a confession of truth by a kind of duress
the furnishing of evidence by other means than by word of mouth, the every species and degree of which the law abhors.
divulging, in short, of any fact which the accused has a right to hold secret.
c. Compulsion as it is understood here does not necessarily connote the
b. Writing is something more than moving the body, or the hand, or the use of violence; it may be the product of unintentional statements.
fingers; writing is not a purely mechanical act, because it requires the Pressure which operates to overbear his will, disable him from making a
application of intelligence and attention. free and rational choice, or impair his capacity for rational judgment
would be sufficient. So is moral coercion "tending to force testimony from
the unwilling lips of the defendant."

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 66
Amat Victoria Curam

d. Whereas an ordinary witness may be compelled to take the witness 6. Pascual vs. Board of Medical Examiners
stand and claim the privilege as each question requiring an incriminating [G.R. No. L-25018, May 26, 1969]
answer is shot at him, an accused may altogether refuse to take the witness
stand and refuse to answer any and all questions. a. The Self-Incrimination Clause should not be watered down by the
deprivation of a livelihood as a price for asserting it.
e. The rule positively intends to avoid and prohibit the certainly inhuman
procedure of compelling a person "to furnish the missing evidence b. The accused has a perfect right to remain silent and his silence cannot
necessary for his conviction." be used as a presumption of his guilt.

f. This rule may apply even to a co-defendant in a joint trial. c. Current judicial opinion places equal emphasis on the identification of
the self-incrimination clause with the right to privacy. It enables the
g. If petitioner nevertheless answered the questions in spite of his fear of citizen to create a zone of privacy which government may not force to
being accused of perjury or being put under contempt, this circumstance surrender to his detriment.
cannot be counted against him. His testimony is not of his own choice, to
him it was a case of compelled submission. 7. Mapa, Jr. vs. Sandiganbayan
[G.R. No. 100295, April 26, 1994]
5. People vs. Gallarde
[G.R. No. 133025, February 27, 2000] a. The privilege against self-incrimination can be asserted in any
proceeding, civil or criminal, administrative or judicial, investigatory or
a. The taking of pictures of an accused even without the assistance of adjudicatory; and it protects against any disclosures that the witness
counsel, being a purely mechanical act, is not a violation of his reasonably believes could be used in a criminal prosecution or could lead
constitutional right against self-incrimination. to other evidence that might be so used.

b. Purely mechanical acts are not included in the prohibition as the b. Immunity statutes seek a rational accommodation between the
accused does not thereby speak his guilt, hence the assistance and guiding imperatives of the privilege and the legitimate demands of government to
hand of counsel is not required. compel citizens to testify. The existence of these statutes reflects the
importance of testimony, and the fact that many offenses are of such a
c. A woman charged with adultery may be compelled to submit to character that the only persons capable of giving useful testimony are
physical examination to determine her pregnancy; and an accused may be those implicated in the crime.
compelled to submit to physical examination and to nave a substance
taken from his body for medical determination as to whether he was c. By the grant of transactional immunity, a witness can no longer be
suffering from gonorrhea which was contracted by his victim; to expel prosecuted for any offense whatsoever arising out of the act or
morphine from his mouth; to have the outline of his foot traced to transaction.
determine its identity with bloody footprints; and to be photographed or
measured, or his garments or shoes removed or replaced, or to move his d. By the grant of use-and-derivative- use immunity, a witness is only
body to enable the foregoing things to be done. assured that his or her particular testimony and evidence derived from it
will not be used against him or her in a subsequent prosecution.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 67
Amat Victoria Curam

SECTION 18. (1) No person shall be detained solely by reason of his crimes, the Congress hereafter provides for it. Any death penalty
political beliefs and aspirations. already imposed shall be reduced to reclusion perpetua.
(2) The employment of physical, psychological, or degrading
(2) No involuntary servitude in any form shall exist except as a punishment against any prisoner or detainee or the use of
punishment for a crime whereof the party shall have been duly substandard or inadequate penal facilities under subhuman
convicted. conditions shall be dealt with by law.

1. Philippine Refining Company Worker’s Union vs. Philippine 1. People vs. Estoista
Refining Co. [G.R. No. L-5793, August 27, 1953]
[G.R. No. L-1668, March 29, 1948]
a. Confinement from 5 to 10 years for possessing or carrying firearm is
a. The voluntariness of the employee's entering into a contract of not cruel or unusual, having due regard to the prevalent conditions which
employment—he has a free choice between entering into it or not—with the law proposes to suppress or curb. The rampant lawlessness against
such an implied condition (that the employee, tenant or laborer shall not property, person, and even the very security of the Government, directly
strike or walk out of his employment when so enjoined by the court after traceable in large measure to promiscuous carrying and use of powerful
hearing and when public interest so requires, and if he has already done weapons, justify imprisonment which in normal circumstances might
so, that he shall forthwith return to it, upon order of the court), negatives appear excessive.
the possibility of involuntary servitude ensuing.
b. If imprisonment from 5 to 10 years is out of proportion to the present
2. In the Matter of Petition for Writ of Habeas Corpus of Segifredo case in view of certain circumstances, the law is not to be declared
Aclaracion unconstitutional for this reason. The constitutionality of an act of the
[G.R. No. L-39115, May 26, 1975] legislature is not to be judged in the light of exceptional cases. Small
transgressors for which the heavy net was not spread are, like small fishes,
a. An Appellate Court may compel a former court stenographer to bound to be caught, and it is to meet such a situation as this that courts
transcribe his stenographic notes. That prerogative is ancillary or are advised to make a recommendation to the Chief Executive for
incidental to its appellate jurisdiction and is a part of its inherent powers clemency or reduction of the penalty.
which are necessary to the ordinary and efficient exercise of its
jurisdiction and essential to the. due administration of justice. 2. People vs. Esparas
[G.R. No. 120034, August 20, 1996]
b. Involuntary servitude denotes a condition of enforced, compulsory
service of one to another or the condition of one who is compelled by a. The Rules of Court which authorizes the dismissal of an appeal when
force, coercion, or imprisonment, and against his will, to labor for the appellant jumps bail, has no application to cases where the death
another, whether he is paid or not. penalty has been imposed. In death penalty cases, automatic review is
mandatory.
SECTION 19. (1) Excessive fines shall not be imposed, nor cruel,
degrading or inhuman punishment inflicted. Neither shall death b. There is more wisdom in mandating review of all death penalty cases,
penalty be imposed, unless, for compelling reasons involving heinous regardless of the wish of the convict and regardless of the will of the court.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 68
Amat Victoria Curam

Nothing less than life is at stake and any court decision authorizing the 1. Serafin vs. Lindayag
State to take life must be as error-free as possible. [A.M. No. 297-MJ, September 30, 1975]

c. The State should not be given the license to kill without the final a. It is elementary that non-payment of an indebtedness is not a criminal
determination of this Highest Tribunal whose collective wisdom is the act, much less estafa; and that no one may be criminally charged and
last, effective hedge against an erroneous judgment of a one-judge trial punished for non-payment of a loan of a sum of money.
court. This enlightened policy ought to continue as our beacon light for
the taking of life ends all rights, a matter of societal value that transcends 2. Lozano vs. Martinez
the personal interest of a convict. [G.R. No. L-63419, December 18, 1986]

d. An accused does not cease to have rights just because of his conviction. a. Organic provisions relieving from imprisonment for debt, were
This principle is implicit in our Constitution which recognizes that an intended to prevent commitment of debtors to prison for liabilities arising
accused, even if he belongs to a minority of one has the right to be right, from actions ex contractu. The inhibition was never meant to include
while the majority, even if overwhelming, has no right to be wrong. damages arising in actions ex delicto, for the reason that damages
recoverable therein do not arise from any contract entered into between
3. Echegaray vs. Secretary of Justice the parties but are imposed upon the defendant for the wrong he has done
[G.R. No. 132601, October 12, 1998] and are considered as punishment, nor to fines and penalties imposed by
the courts in criminal proceedings as punishments for crime.
a. The death penalty per se is not a cruel, degrading or inhuman
punishment. b. It is not the non-payment of an obligation which the law punishes. The
law is not intended or designed to coerce a debtor to pay his debt. The
b. Punishments are cruel when they involve torture or a lingering death. thrust of the law is to prohibit, under pain of penal sanctions, the making
It implies there something inhuman and barbarous, something more than of worthless checks and putting them in circulation.
the mere extinguishment of life.
SECTION 21. No person shall be twice put in jeopardy of punishment
c. Lack in particularity as to the details involved in the execution by lethal for the same offense. If an act is punished by a law and an ordinance,
injection do not render the law “cruel, degrading or inhuman” because conviction or acquittal under either shall constitute a bar to another
these are matters which are properly left to the competence and expertise prosecution for the same act.
of administrative officials.
1. Philippine Savings Bank vs. Bermoy
d. The cruelty against which the Constitution protects a convicted man is [G.R. No. 151912, September 26, 2005]
cruelty inherent in the method of punishment, not the necessary suffering
involved in any method employed to extinguish life humanely. a. The right against double jeopardy can be invoked if:
(1) The accused is charged with the same offense in two separate pending
e. Lethal injection does not constitute cruel and unusual punishment. cases; or
(2) The accused is prosecuted anew for the same offense after he had been
SECTION 20. No person shall be imprisoned for debt or non- convicted or acquitted of such offense; or
payment of a poll tax. (3) The prosecution appeals from a judgment in the same case.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 69
Amat Victoria Curam

b. Generally, the dismissal of a criminal case resulting in acquittal made by the defendant personally or through his counsel; and second, such
with the express consent of the accused or upon his own motion will not dismissal must not be on the merits and must not necessarily amount to
place the accused in double jeopardy. However, this rule admits of two an acquittal.
exceptions, namely: insufficiency of evidence and denial of the right to a
speedy trial. 3. Paulin vs. Gimenez
[G.R. No. 103323, January 21, 1993]
c. The interest in the finality-of-acquittal rule, confined exclusively to
verdicts of not guilty, is easy to understand: it is a need for “repose,” a a. An appeal by the prosecution from the order of dismissal (of the
desire to know the exact extent of one’s liability. With this right of repose, criminal case) by the trial court shall not constitute double jeopardy if:
the criminal justice system has built in a protection to insure that the (1) The dismissal is made upon motion, or with the express consent of the
innocent, even those whose innocence rests upon a jury’s leniency, will defendant;
not be found guilty in a subsequent proceeding. (2) The dismissal is not an acquittal or based upon consideration of the
evidence or of the merits of the case; and
2. People vs. Obsania (3) The question to be passed upon by the appellate court is purely legal
[G.R. No. L-24447, June 29, 1968] so that should the dismissal be found incorrect, the case would have to be
remanded to the court of origin for further proceedings, to determine the
a. An appeal by the prosecution in a criminal case is not available if the guilt or innocence of the defendant.
defendant would thereby be placed in double jeopardy.
b. Where the dismissal was ordered upon motion or with the express
b. In order that the protection against double jeopardy may inure in favor assent of the accused, he is deemed to have waived his protection against
of an accused, the following requisites must have obtained in the original double jeopardy. In the case at bar, the dismissal was granted upon motion
prosecution: of petitioners. Double jeopardy thus did not attach.
(1) A valid complaint or information;
(2) A competent court; c. Acquittal is always based on the merits, that is, the defendant is
(3) The defendant had pleaded to the charge; and acquitted because the evidence does not show that defendant’s guilt is
(4) The defendant was acquitted, or convicted, or the case against him beyond reasonable doubt; but dismissal does not decide the case on the
was dismissed or otherwise terminated without his express consent. merits or that the defendant is not guilty. Dismissals terminate the
proceedings, either because the court is not a court of competent
c. The fact that the counsel for the defendant, and not the defendant jurisdiction, or the evidence does not show that the offense was
himself personally moved for the dismissal of the case against him, had committed within the territorial jurisdiction of the court, or the complaint
the same effect as if the defendant had personally moved for such or information is not valid or sufficient in form and substance, etc.
dismissal, inasmuch as the act of the counsel in the prosecution of the
defendant’s cases was the act of the defendant himself, for the only case d. When the trial court was ousted from its jurisdiction when it violated
in which the defendant cannot be represented by his counsel is in pleading the right of the prosecution to due process by aborting its right to complete
guilty. the presentation of its evidence, the remand of the case for further hearing
or trial is merely a continuation of the first jeopardy and does not expose
d. The application of the sister doctrines of waiver and estoppel requires the accused to a second jeopardy.
two sine qua non conditions: first, the dismissal must be sought or induced

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 70
Amat Victoria Curam

4. Icasiano vs. Sandiganbayan 6. People vs. Balisacan


[G.R. No. 95642, May 28, 1992] [G.R. No. L-26376, August 31, 1966]

a. There is a distinction between administrative and criminal proceedings, a. Since the plea of guilty was vacated, there was no standing plea at the
and a prosecution in one is not a bar to the other. time the court rendered its judgment of acquittal and there can be no
double jeopardy.
b. When the Supreme Court acts on complaints against judges or any of
the personnel under its supervision and control, it acts as personnel b. For failure to give the prosecution any opportunity to present its
administrator, imposing discipline and not as a court judging justiciable evidence or even to rebut the testimony of the defendant, the court’s
controversies. Substantial evidence is sufficient to sustain conviction. action is perforce null and void. The acquittal, therefore, being a nullity
Criminal proceedings before the Sandiganbayan, on the other hand, while for want of due process, is no acquittal at all, and thus cannot constitute a
they may involve the same acts subject of the administrative case, require proper basis for a claim of former jeopardy.
proof of guilt beyond reasonable doubt.
7. People vs. City Court of Silay
c. Preliminary investigation is not a trial to which double jeopardy [G.R. No. L-43790, December 9, 1976]
attaches.
a. A motion filed after the prosecution had rested its case, calling for an
5. Lejano vs. People of the Philippines appreciation of the evidence adduced and its sufficiency to warrant
[G.R. No. 176389, January 18, 2011] conviction beyond reasonable doubt, resulting in a dismissal of the case
on the merits is tantamount to an acquittal of the accused.
a. A judgment of acquittal cannot be reconsidered because it places the
accused under double jeopardy. To reconsider a judgment of acquittal b. However erroneous the order of respondent Court is, and although a
places the accused twice in jeopardy of being punished for the crime of miscarriage of justice resulted from said order, such error cannot be
which he has already been absolved. righted because of the timely plea of double jeopardy.

b. If there is no limit to attempts to prosecute the accused for the same 8. Esmeña vs. Pogoy
offense after he has been acquitted, the infinite power and capacity of the [G.R. No. L-54110, February 20, 1981]
State for a sustained and repeated litigation would eventually overwhelm
the accused in terms of resources, stamina, and the will to fight. a. The dismissal of a criminal case upon motion of the accused because
the prosecution was not prepared for trial since the complainant and his
c. On occasions, a motion for reconsideration after an acquittal is possible. witnesses did not appear at the trial is a dismissal equivalent to an
But the grounds are exceptional and narrow as when the court that acquittal that would bar further prosecution of the defendant for the same
absolved the accused gravely abused its discretion, resulting in loss of offense.
jurisdiction, or when a mistrial has occurred.
b. The use of the word “provisional” would not change the legal effect of
the dismissal.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 71
Amat Victoria Curam

9. People vs. Pineda is an attempt to commit the first or a frustration thereof, or when it
[G.R. No. L-44205, February 16, 1993] necessarily includes or is necessarily included in the offense charged in
the first information.
a. The mere filing of two informations charging the same offense is not
an appropriate basis for the invocation of double jeopardy since the first d. One who has been charged with an offense cannot be again charged
jeopardy has not yet set in by a previous conviction, acquittal or with the same or identical offense though the latter be lesser or greater
termination of the case without the consent of the accused. than the former.

10. People vs. Tampal e. This rule of identity does not apply when the second offense was not in
[G.R. No. 102485, May 22, 1995] existence at the time of the first prosecution, for the simple reason that in
such case there is no possibility for the accused, during the first
a. When the postponements of the trial of an accused have not reached the prosecution, to be convicted for an offense that was then inexistent.
point of oppression, the State’s right to prosecute should not be curtailed.
12. People vs. Adil
b. The three requisites of double jeopardy are: [G.R. No. L-41863, April 22, 1977]
(1) A first jeopardy must have attached prior to the second;
(2) The first jeopardy must have been validly terminated; and a. Where after the first prosecution a new fact supervenes for which the
(3) A second jeopardy must be for the same offense as that in the first. defendant is responsible, which changes the character of the offense and,
together with the facts existing at the time, constitutes a new and distinct
c. Dismissal of cases on the ground of failure to prosecute is equivalent offense, the accused cannot be said to be in second jeopardy if indicted
to an acquittal that would bar further prosecution of the accused for the for the new offense.
same offense, if these dismissals are predicated on the clear right of the
accused to speedy trial. 13. People vs. Relova
[G.R. No. L-45129, March 6, 1987]
11. Melo vs. People
[G.R. No. L-3580, March 22, 1950] a. The constitutional protection against double jeopardy is available
although the prior offense charged under an ordinance be different from
a. The principle against double jeopardy is founded upon the law of the offense charged subsequently under a national statute such as the
reason, justice and conscience. It is embodied in the maxim of the civil Revised Penal Code, provided that both offenses spring from the same act
law non bis in idem. or set of acts.

b. The phrase same offense, under the general rule, has always been b. Where the offenses charged are penalized either by different sections
construed to mean not only that the second offense charged is exactly the of the same statute or by different statutes, the important inquiry relates
same as the one alleged in the first information, but also that the two to the identity of offenses charged: the constitutional protection against
offenses are identical. double jeopardy is available only where an identity is shown to exist
between the earlier and the subsequent offenses charged.
c. There is identity between two offenses not only when the second
offense is exactly the same as the first, but also when the second offense

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 72
Amat Victoria Curam

c. The question of identity or lack of identity of offenses is addressed by 1. United States vs. Conde
examining the essential elements of each of the two offenses charged, as [G.R. No. L-18208, February 14, 1992]
such elements are set out in the respective legislative definitions of the
offenses involved. a. A law imposing a new penalty, or a new liability or disability, or giving
a new right of action, must not be construed as having a retroactive effect.
d. Where one offense is charged under a municipal ordinance while the The laws in force at the time the contract was made must govern its
other is penalized by a statute, the critical inquiry is to the identity of the interpretation and application.
acts which the accused is said to have committed and which are alleged
to have given rise to the two offenses: the constitutional protection against b. When the acts complained of in the present case were legal at the time
double jeopardy is available so long as the acts which constitute or have of their occurrence, they cannot be made criminal by any subsequent or
given rise to the first offense under a municipal ordinance are the same ex post facto legislation.
acts which constitute or have given rise to the offense charged under a
statute. 2. Concepcion vs. Garcia
[G.R. No. L-32380, November 29, 1929]
e. The question of identity of the acts must be addressed, in the first
instance, by examining the location of such acts in time and space. When a. A person has no vested right in any particular remedy, and a litigant
the acts of the accused as set out in the two informations are so related to cannot insist on the application to the trial of his case, whether civil or
each other in time and space as to be reasonably regarded as having taken criminal, of any other than the existing rules of procedure. Statutes
place on the same occasion and where those acts have been moved by one making changes in the remedy or procedure are laws within the discretion
and the same, or a continuing, intent or voluntary design or negligence, of the lawmaking power, and are valid so long as they do not deprive the
such acts may be appropriately characterized as an integral whole capable accused of any substantial right, or conflict with specific and applicable
of giving rise to penal liability simultaneously under different legal provisions of the Constitution.
enactments.
b. The term "ex post facto," as applied to statutes is a technical term, used
f. If the second sentence of the double jeopardy provision had not been only in connection with. crimes and penalties. The term is never used to
written into the Constitution, conviction or acquittal under a municipal indicate the obnoxious character of statutes dealing retroactively with
ordinance would never constitute a bar to another prosecution for the civil rights.
same act under a national statute.
3. Nasi-Villar vs. People of the Philippines
g. Acts of a person which physically occur on the same occasion and are [G.R. No. 176169, November 14, 2008]
infused by a common intent or design or negligence and therefore form a
moral unity, should not be segmented and sliced, as it were, to produce as a. A law can never be considered ex post facto as long as it operates
many different acts as there are offenses under municipal ordinances or prospectively since its strictures would cover only offenses committed
statutes that an enterprising prosecutor can find. after and not before its enactment.

SECTION 22. No ex post facto law or bill of attainder shall be


enacted.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 73
Amat Victoria Curam

4. Salvador vs. Mapa, Jr. SECTION 3. Philippine citizenship may be lost or reacquired in the
[G.R. No 135080, November 28, 2007] manner provided by law.

a. An ex post facto law has been defined as one— SECTION 4. Citizens of the Philippines who marry aliens shall retain
(1) which makes an action done before the passing of the law and which their citizenship, unless by their act or omission they are deemed,
was innocent when done criminal, and punishes such action; or under the law to have renounced it.
(2) which aggravates a crime or makes it greater than it was when
committed; or SECTION 5. Dual allegiance of citizens is inimical to the national
(3) which changes the punishment and inflicts a greater punishment than interest and shall be dealt with by law.
the law annexed to the crime when it was committed; or
(4) which alters the legal rules of evidence and receives less or different 1. Poe-Llamanzares vs. COMELEC
testimony than the law required at the time of the commission of the [G.R. No. 221697, March 8, 2016]
offense in order to convict the defendant;
(5) that which assumes to regulate civil rights and remedies only but in a. As a matter of law, foundlings are as a class, natural-born citizens.
effect imposes a penalty or deprivation of a right which when done was While the 1935 Constitution’s enumeration is silent as to foundlings,
lawful; or there is no restrictive language which would definitely exclude foundlings
(6) that which deprives a person accused of a crime of some lawful either.
protection to which he has become entitled, such as the protection of a
former conviction or acquittal, or a proclamation of amnesty. b. Foundlings are likewise citizens under international law. The common
thread of the UDHR, UNCRC and ICCPR is to obligate the Philippines
CITIZENSHIP to grant nationality from birth and ensure that no child is stateless.

c. In current legislation, foundlings are among the Filipino children who


SECTION 1. The following are citizens of the Philippines: could be adopted.
1) Those who are citizens of the Philippines at the time of the adoption d. The DFA issues passports to foundlings. Passports are by law, issued
of this Constitution; only to citizens. This shows that even the executive department, acting
2) Those whose fathers or mothers are citizens of the Philippines; through the DFA, considers foundlings as Philippine citizens.
3) Those born before January 17, 1973, of Filipino mothers, who elect
Philippine Citizenship upon reaching the age of majority; and e. All of the international law conventions and instruments on the matter
4) Those who are naturalized in the accordance with law. of nationality of foundlings were designed to address the plight of a
defenseless class which suffers from a misfortune not of their own
SECTION 2. Natural-born citizens are those who are citizens of the making.
Philippines from birth without having to perform any act to acquire
or perfect their Philippine citizenship. Those who elect Philippine
citizenship in accordance with paragraph (3), Section 1 hereof shall
be deemed natural-born citizens.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 74
Amat Victoria Curam

2. David vs. Senate Electoral Tribunal g. Naturalized citizens are "former aliens or foreigners who had to
[G.R. No. 221538, September 20, 2016] undergo a rigid procedure, in which they had to adduce sufficient
evidence to prove that they possessed all the qualifications and none of
a. The words of our most fundamental law cannot be read so as to the disqualifications provided by law in order to become Filipino
callously exclude all foundlings from public service. citizens."

b. When the names of the parents of a foundling cannot be discovered h. Natural-born citizenship is not concerned with being a human
despite a diligent search, but sufficient evidence is presented to sustain a thoroughbred. Section 2 defines "natural-born citizens." Section 1(2)
reasonable inference that satisfies the quantum of proof required to stipulates that to be a citizen, either one's father or one's mother must be
conclude that at least one or both of his or her parents is Filipino, then this a Filipino citizen. Physical features, genetics, pedigree, and ethnicity are
should be sufficient to establish that he or she is a natural-born citizen. not determinative of citizenship.

c. The assumption should be that foundlings are natural-born unless there i. Section 1(2) does not require one's parents to be natural-born Filipino
is substantial evidence to the contrary. This is necessarily engendered by citizens. One or both parents can, therefore, be ethnically foreign.
a complete consideration of the whole Constitution, not just its provisions
on citizenship. This includes its mandate of defending the well-being of j. Section 1(2) requires nothing more than one ascendant degree:
children, guaranteeing equal protection of the law, equal access to parentage. The citizenship of everyone else in one's ancestry is irrelevant.
opportunities for public service, and respecting human rights, as well as There is no need for a pure Filipino bloodline.
its reasons for requiring natural-born status for select public offices.
k. Section 1(2) requires citizenship, not identity. A conclusion of Filipino
d. Citizenship is a legal device denoting political affiliation. It is the "right citizenship may be sustained by evidence adduced in a proper proceeding,
to have rights." It is one's "personal and permanent membership in a which substantially proves that either or both of one's parents is a Filipino
political community. The core of citizenship is the capacity to enjoy citizen.
political rights, that is, the right to participate in government principally
through the right to vote, the right to hold public office, and the right to l. While the status as foundling does establish that the identities of private
petition the government for redress of grievance." respondent's biological parents are not known, it does not automatically
mean that neither her father nor her mother is a Filipino.
e. Citizenship also entails obligations to the political community of which
one is part. Citizenship, therefore, is intimately tied with the notion that m. Other than the anonymity of their biological parents, no substantial
loyalty is owed to the state, considering the benefits and protection distinction differentiates foundlings from children with known Filipino
provided by it. parents. They are both entitled to the full extent of the state's protection
from the moment of their birth. Foundlings' misfortune in failing to
f. A natural-born citizen is defined in Article IV, Section 2 as one who is identify the parents who abandoned them-an inability arising from no
a citizen of the Philippines "from birth without having to perform any act fault of their own--cannot be the foundation of a rule that reduces them to
to acquire or perfect Philippine citizenship." By necessary implication, a statelessness or, at best, as inferior, second-class citizens who are not
naturalized citizen is one who is not natural-born. entitled to as much benefits and protection from the state as those who
know their parents. Sustaining this classification is not only inequitable;

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 75
Amat Victoria Curam

it is dehumanizing. It condemns those who, from the very beginning of public life and fundamentally willing to submit his private interests to the
their lives, were abandoned to a life of desolation and deprivation. general interest of society.

n. RA 9225 made natural-born Filipinos' status permanent and immutable c. Concepts of Citizenship
despite naturalization as citizens of other countries. (1) Civil citizenship establishes the rights necessary for individual
freedom, such as rights to property, personal liberty and justice.
o. Natural-born Philippine citizens who, after RA 9225 took effect, are (2) Political citizenship encompasses the right to participate in the
naturalized in foreign countries "retain,” that is, keep, their Philippine exercise of political power.
citizenship. On the other hand, those who became citizens of another (3) Social citizenship lays emphasis on the right of the citizen to economic
country before the effectivity of RA 9225 "reacquire" their Philippine well-being and social security.
citizenship. (4) Internationalization of citizenship keeps with the rapidly shrinking
global village.
p. Natural-born Filipinos who have been naturalized elsewhere and wish
to run for elective public office must comply with all of the following d. Under the Philippine Bill of 1902, a “citizen of the Philippines” was
requirements: one who was an inhabitant of the Philippines, and a Spanish subject on
(1) Taking the oath of allegiance to the Republic; the 11th day of April 1899. The term “inhabitant” was taken to include:
(2) Compliance with Article V, Section 1 of the 1987 Constitution, RA (1) A native-born inhabitant;
9189, otherwise known as the Overseas Absentee Voting Act of 2003, (2) An inhabitant who was a native of Peninsular Spain; and
and other existing laws, to facilitate the exercise of the right of suffrage; (3) An inhabitant who obtained Spanish papers on or before 11 April
(3) Making a personal and sworn renunciation of any and all foreign 1899.
citizenship before any public officer authorized to administer an oath.
e. Under the Jones Law, a native-born inhabitant of the Philippines was
q. It is wrong to postulate that compliance with RA 9225 signifies the deemed to be a citizen of the Philippines as of 11 April 1899 if he was:
performance of acts to perfect citizenship. "Re"-acquiring can only mean (1) A subject of Spain on 11 April 1899;
a reversion to "the way things were." RA 9225 does not operate to make (2) Residing in the Philippines on said date; and
new citizens whose citizenship commences only from the moment of (3) Since that date, not a citizen of some other country.
compliance with its requirements.
f. The 1935 Constitution adopted once and for all, jus sanguinis or blood
3. Tecson vs. COMELEC relationship as being the basis of Filipino citizenship.
[G.R. No. 161434, March 3, 2004]
g. Where jurisprudence regarded an illegitimate child as taking after the
a. Citizenship is a treasured right conferred on those whom the state citizenship of its mother, it did so for the benefit the child. It was to ensure
believes are deserving of the privilege. It is a “precious heritage, as well a Filipino nationality for the illegitimate child of an alien father in line
as an inestimable acquisition,” that cannot be taken lightly by anyone— with the assumption that the mother had custody, would exercise parental
either by those who enjoy it or by those who dispute it. authority and had the duty to support her illegitimate child.

b. A “citizen” refers to a man who shared in the administration of justice


and in the holding of an office. In its ideal setting, a citizen was active in

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 76
Amat Victoria Curam

4. Republic vs. Lim e. “Election” is both a formal and an informal process. The exercise of the
[G.R. No. 153883, January 13, 2004] right of suffrage and the participation in election exercises constitute a
positive act of election of Philippine citizenship.
a. The constitutional and statutory requirements of electing Filipino
citizenship apply only to legitimate children. These do not apply to f. The filing of sworn statement or formal declaration is a requirement for
illegitimate children, such as respondent, considering that her Chinese those who still have to elect citizenship.
father and Filipino mother were never married.
g. For those already Filipinos when the time to elect came up, there are
b. By being an illegitimate child of a Filipino mother, she automatically acts of deliberate choice which cannot be less binding:
became a Filipino upon birth. Stated differently, she is a Filipino since (1) Entering a profession open only to Filipinos;
birth without having to elect Filipino citizenship when she reached the (2) Serving in public office where citizenship is a qualification;
age of majority. (3) Voting during election time;
(4) Running for public office; and
5. Co vs. House of Representatives (5) Other categorical acts of similar nature are themselves formal
[G.R. Nos. 92191-92, July 30, 1991] manifestations of choice for these persons.

a. Section 1, Paragraph 3, Art. VI of the 1987 Constitution applies not h. An election of Philippine citizenship presupposes that the person
only to those who elect Philippine citizenship after February 2, 1987 but electing is an alien. Or his status is doubtful because he is a national of
also to those who, having been born of Filipino mothers, elected two countries.
citizenship before that date.
i. An attack on a person’s citizenship may only be done through a direct
b. The provision in question was enacted to correct the anomalous action for its nullity.
situation where one born of a Filipino father and an alien mother was
automatically granted the status of a natural-born citizen while one born 6. In Re: Application for Admission to the Bar of Vicente Ching
of a Filipino mother and an alien father would still have to elect Philippine [B.M. No. 914, October 1, 1999]
citizenship.
a. The phrase "reasonable time" has been interpreted to mean that the
c. The bestowment of the status of “natural-born” cannot be made to election should be made within 3 years from reaching the age of majority.
depend on the fleeting accident of time or result in two kinds of citizens However, the period may be extended under certain circumstances, as
made up of essentially the same similarly situated members. It is for this when the person concerned has always considered himself a Filipino.
reason that the amendments were enacted, that is, in order to remedy this
accidental anomaly, and, therefore, treat equally all those born before the b. The span of 14 years that lapsed from the time of reaching the age of
1973 Constitution and who elected Philippine citizenship either before or majority until the expression of intention to elect Philippine citizenship is
after the effectivity of that Constitution. clearly way beyond the contemplation of the requirement of electing
"upon reaching the age of majority."
d. Section 2 of Article IV of the Constitution accords natural born status
to children born of Filipino mothers before January 17, 1973, if they elect c. The prescribed procedure in electing Philippine citizenship is certainly
citizenship upon reaching the age of majority. not a tedious and painstaking process. All that is required of the elector is

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 77
Amat Victoria Curam

to execute an affidavit of election of Philippine citizenship and, thereafter, 8. Yu vs. Defensor-Santiago


file the same with the nearest civil registry. [G.R. No. 83882, January 24, 1989]

d. Philippine citizenship can never be treated like a commodity that can a. Express renunciation means a renunciation that is made known
be claimed when needed and suppressed when convenient. distinctly and explicitly and not left to inference or implication.

e. One who is privileged to elect Philippine citizenship has only an b. Petitioner, with full knowledge, and legal capacity, after having
inchoate right to such citizenship. As such, he should avail of the right renounced Portuguese citizenship upon naturalization as a Philippine
with fervor, enthusiasm and promptitude citizen resumed or reacquired his prior status as a Portuguese citizen,
applied for a renewal of his Portuguese passport and represented himself
7. Cabiling Ma vs. Fernandez as such in official documents even after he had become a naturalized
[G.R. No. 183133, July 26, 2010] Philippine citizen. Such resumption or reacquisition of Portuguese
citizenship is grossly inconsistent with his maintenance of Philippine
a. The mere exercise of suffrage, being elected public official, continuous citizenship.
and uninterrupted stay in the Philippines, and other similar acts showing
exercise of Philippine citizenship cannot take the place of election of 9. Maquiling vs. COMELEC
citizenship. [G.R. No. 195649, April 16, 2013]

b. Where the election of citizenship has in fact been done and documented a. The use of foreign passport after renouncing one’s foreign citizenship
within the constitutional and statutory timeframe, the registration of the is a positive and voluntary act of representation as to one’s nationality and
documents of election beyond the frame should be allowed if in the citizenship; it does not divest Filipino citizenship regained by repatriation
meanwhile positive acts of citizenship have publicly, consistently, and but it recants the Oath of Renunciation required to qualify one to run for
continuously been done. an elective position.

c. The actual exercise of Philippine citizenship, for over half a century is b. By renouncing foreign citizenship, a dual citizen is deemed to be solely
actual notice to the Philippine public which is equivalent to formal a Filipino citizen, regardless of the effect of such renunciation under the
registration of the election of Philippine citizenship. laws of the foreign country.

d. To register is to record or annotate. Simply stated, registration is made c. However, this legal presumption does not operate permanently and is
for the purpose of notification. open to attack when, after renouncing the foreign citizenship, the citizen
performs positive acts showing his continued possession of a foreign
e. Having a Filipino mother is permanent. It is the basis of the right of the citizenship.
petitioners to elect Philippine citizenship. The failure to register the
election in the civil registry should not defeat the election and resultingly d. The renunciation of foreign citizenship is not a hollow oath that can
negate the permanent fact that they have a Filipino mother. simply be professed at any time, only to be violated the next day. It
requires an absolute and perpetual renunciation of the foreign citizenship
and a full divestment of all civil and political rights granted by the foreign
country which granted the citizenship.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 78
Amat Victoria Curam

e. While the act of using a foreign passport is not one of the acts 10. Frivaldo vs. COMELEC
enumerated in CA 63 constituting renunciation and loss of Philippine [G.R. No. 87193, June 23, 1989]
citizenship, it is nevertheless an act which repudiates the very oath of
renunciation required for a former Filipino citizen who is also a citizen of a. Under CA No. 63 as amended by CA No. 473 and PD No. 725,
another country to be qualified to run for a local elective position. Philippine citizenship may be reacquired by:
(1) Direct act of Congress;
f. Such act of using a foreign passport does not divest one of his Filipino (2) By naturalization; or
citizenship acquired by repatriation. However, by representing himself as (3) By repatriation.
an American citizen, he voluntarily and effectively reverted to his earlier
status as a dual citizen. b. Even if he did lose his naturalized American citizenship, such forfeiture
did not and could not have the effect of automatically restoring his
g. The act of using a foreign passport after renouncing one’s foreign citizenship in the Philippines that he had earlier renounced. At best, what
citizenship is fatal to one’s bid for public office, as it effectively imposed might have happened as a result of the loss of his naturalized citizenship
on him a disqualification to run for an elective local position. was that he became a stateless individual.

h. The citizenship requirement for elective public office is a continuing c. Philippine citizenship previously disowned is not that cheaply
one. It must be possessed not just at the time of the renunciation of the recovered.
foreign citizenship but continuously. Any act which violates the oath of
renunciation opens the citizenship issue to attack. d. The will of the people as expressed through the ballot cannot cure the
vice of ineligibility, especially if they mistakenly believed, as in this case,
i. The purpose of the Local Government Code in disqualifying dual that the candidate was qualified. Obviously, this rule requires strict
citizens from running for any elective public office would be thwarted if application when the deficiency is lack of citizenship. If a person seeks to
we were to allow a person who has earlier renounced his foreign serve in the Republic of the Philippines, he must owe his total loyalty to
citizenship, but who subsequently represents himself as a foreign citizen, this country only, abjuring and renouncing all fealty and fidelity to any
to hold any public office. other state.

j. Citizenship is not a matter of convenience. It is a badge of identity that e. The status of the natural-born citizen is favored by the Constitution and
comes with attendant civil and political rights accorded by the state to its our laws, which is all the more reason why it should be treasured like a
citizens. It likewise demands the concomitant duty to maintain allegiance pearl of great price. But once it is surrendered and renounced, the gift is
to one’s flag and country. gone and cannot be lightly restored. This country of ours, for all its
difficulties and limitations, is like a jealous and possessive mother. Once
k. While those who acquire dual citizenship by choice are afforded the rejected, it is not quick to welcome back with eager arms its prodigal if
right of suffrage, those who seek election or appointment to public office repentant children. The returning renegade must show, by an express and
are required to renounce their foreign citizenship to be deserving of the unequivocal act, the renewal of his loyalty and love.
public trust. Holding public office demands full and undivided allegiance
to the Republic and to no other.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 79
Amat Victoria Curam

11. Republic vs. De la Rosa 12. Labo vs. COMELEC


[G.R. No. 104654, June 6, 1994] [G.R. No. 86564, August 1, 1989]

a. One who opts to reacquire Philippine citizenship thru naturalization a. Res judicata does not apply to questions of citizenship.
under the Revised Naturalization Law, is duty bound to follow the
procedure prescribed by the said law. It is not for an applicant to decide b. Modes by which Philippine citizenship may be lost under CA 63
for himself and to select the requirements which he believes, even (1) Naturalization in a foreign country;
sincerely, are applicable to his case and discard those which he believes (2) Express renunciation of citizenship; and
are inconvenient or merely of nuisance value. (3) Subscribing to an oath of allegiance to support the Constitution or laws
of a foreign country.
b. The law does not distinguish between an applicant who was formerly a
Filipino citizen and one who was never such a citizen. It does not provide c. His divestiture of Australian citizenship does not concern us here. That
a special procedure for the reacquisition of Philippine citizenship by is a matter between him and his adopted country. What we must consider
former Filipino citizens akin to the repatriation of a woman who had lost is the fact that he voluntarily and freely rejected Philippine citizenship
her Philippine citizenship by reason of her marriage to an alien. and willingly and knowingly embraced the citizenship of a foreign
country. The possibility that he may have been subsequently rejected by
c. Under Section 9 of the Revised Naturalization Law, both the petition Australia does not mean that he has been automatically reinstated as a
for naturalization and the order setting it for hearing must be published citizen of the Philippines.
once a week for three consecutive weeks in the Official Gazette and a
newspaper of general circulation. Compliance therewith is jurisdictional. d. Only citizens of the Philippines have that privilege of presiding as city
Moreover, the publication and posting of the petition and the order must mayor over their countrymen.
be in its full text for the court to acquire jurisdiction.
13. Aznar vs. COMELEC
d. Section 1 of RA 530 provides that no decision granting citizenship in [G.R. No. 83820, May 25, 1990]
naturalization proceedings shall be executory until after two years from
its promulgation in order to be able to observe if: a. Philippine courts are only allowed to determine who are Filipino
(1) The applicant has left the country; citizens and who are not. Whether or not a person is considered an
(2) The applicant has dedicated himself continuously to a lawful calling American under the laws of the United States does not concern the courts.
or profession;
(3) The applicant has not been convicted of any offense or violation of b. The mere fact that one has a Certificate stating he is an American does
government promulgated rules; and not mean that he is not still a Filipino.
(4) The applicant has committed any act prejudicial to the interest of the
country or contrary to government announced policies. c. When We consider that the renunciation needed to lose Philippine
citizenship must be “express”, it stands to reason that there can be no such
e. The courts cannot implement any decision granting the petition for loss of Philippine citizenship when there is no renunciation, either
naturalization before its finality. “express” or “implied.”

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 80
Amat Victoria Curam

d. The statement in the 1987 Constitution that “dual allegiance of citizens condition is the unavoidable consequence of conflicting laws of different
is inimical to the national interest and shall be dealt with by law” (Art. IV, states.
Sec. 5) has no retroactive effect.
g. By electing Philippine citizenship, such candidates at the same time
14. Mercado vs. Manzano forswear allegiance to the other country of which they are also citizens
[G.R. No. 135083, May 26, 1999] and thereby terminate their status as dual citizens.

a. Dual citizenship is different from dual allegiance h. By declaring in his certificate of candidacy that he is a Filipino citizen;
that he is not a permanent resident or immigrant of another country; that
b. Dual citizenship arises when, as a result of the concurrent application he will defend and support the Constitution of the Philippines and bear
of the different laws of two or more states, a person is simultaneously true faith and allegiance thereto and that he does so without mental
considered a national by the said states. reservation, private respondent has, as far as the laws of this country are
c. Classes of citizens who can possess dual citizenship: concerned, effectively repudiated his American citizenship and anything
(1) Those born of Filipino fathers and/or mothers in foreign countries which he may have said before as a dual citizen.
which follow the principle of jus soli;
(2) Those born in the Philippines of Filipino mothers and alien fathers if 15. Bengzon III vs. HRET
by the laws of their fathers’ country such children are citizens of that [G.R. No. 142840, May 7, 2001]
country; and
(3) Those who marry aliens if by the laws of the latter’s country the former a. There are two ways of acquiring citizenship:
are considered citizens, unless by their act or omission they are deemed (1) By birth; and
to have renounced Philippine citizenship. (2) By naturalization.
These ways of acquiring citizenship correspond to the two kinds of
d. Dual allegiance refers to the situation in which a person simultaneously citizens: the natural-born citizen, and the naturalized citizen.
owes, by some positive act, loyalty to two or more states. While dual
citizenship is involuntary, dual allegiance is the result of an individual’s b. A person who at the time of his birth is a citizen of a particular country,
volition. is a natural-born citizen thereof.

e. The phrase “dual citizenship” in R.A. No. 7160, §40(d) and in R.A. No. c. Naturalization is a mode for both acquisition and reacquisition of
7854, §20 must be understood as referring to “dual allegiance.” Philippine citizenship. As a mode of initially acquiring Philippine
Consequently, persons with mere dual citizenship do not fall under this citizenship, naturalization is governed by CA 473, as amended. On the
disqualification. other hand, naturalization as a mode for reacquiring Philippine citizenship
is governed by CA 63.
f. Unlike those with dual allegiance, who must, therefore, be subject to
strict process with respect to the termination of their status, for candidates d. Repatriation may be had under various statutes by those who lost their
with dual citizenship, it should suffice if, upon the filing of their citizenship due to:
certificates of candidacy, they elect Philippine citizenship to terminate (1) Desertion of the armed forces;
their status as persons with dual citizenship considering that their (2) Service in the armed forces of the allied forces in World War II;
(3) Service in the Armed Forces of the United States at any other time;

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 81
Amat Victoria Curam

(4) Marriage of a Filipino woman to an alien; and 17. Altajeros vs. COMELEC
(5) Political and economic necessity. [G.R. No. 163256, November 10, 2004]

e. As distinguished from the lengthy process of naturalization, a. Repatriation shall be effected by taking the necessary oath of allegiance
repatriation simply consists of the taking of an oath of allegiance to the to the Republic of the Philippines and registration in the proper civil
Republic of the Philippines and registering said oath in the Local Civil registry and in the Bureau of Immigration.
Registry of the place where the person concerned resides or last resided.
b. In addition to taking the Oath of Allegiance to the Republic of the
f. Repatriation results in the recovery of the original nationality. A Philippines, the registration of the Certificate of Repatriation in the proper
naturalized Filipino who lost his citizenship will be restored to his prior civil registry and the Bureau of Immigration is a prerequisite in effecting
status as a naturalized Filipino citizen. On the other hand, if he was the repatriation of a citizen.
originally a natural-born citizen before he lost his Philippine citizenship,
he will be restored to his former status as a natural-born Filipino. c. Philippine citizenship is an indispensable requirement for holding an
elective public office, and the purpose of the citizenship qualification is
g. The present Constitution considers those born of Filipino mothers none other than to ensure that no alien, i.e., no person owing allegiance to
before the effectivity of the 1973 Constitution and who elected Philippine another nation, shall govern our people and our country or a unit of
citizenship upon reaching the majority age as natural-born. territory thereof.

h. Noteworthy is the absence in said enumeration of a separate category d. If the purpose of the citizenship requirement is to ensure that our people
for persons who, after losing Philippine citizenship, subsequently and country do not end up being governed by aliens, i.e., persons owing
reacquire it. The reason therefor is clear: as to such persons, they would allegiance to another nation, that aim or purpose would not be thwarted
either be natural-born or naturalized depending on the reasons for the loss but instead achieved by construing the citizenship qualification as
of their citizenship and the mode prescribed by the applicable law for the applying to the time of proclamation of the elected official and at the start
reacquisition thereof. of his term.

16. Moy Ya Lim Yao vs. Commissioner of Immigration e. PD 725 is a curative statute, which is retroactive in nature.
[G.R. No. L-21289, October 4, 1971]
f. Repatriation retroacts to the date of filing of one’s application for
a. Under Section 15 of CA 473, an alien woman marrying a Filipino, repatriation.
native born or naturalized, becomes ipso facto a Filipina provided she is
not disqualified to be a citizen of the Philippines under Section 4 of the SEPARATION OF POWERS
same law. Likewise, an alien woman married to an alien who is
subsequently naturalized here follows the Philippine citizenship of her
husband the moment he takes his oath as Filipino citizen, provided that 1. In re: Manzano
she does not suffer from any of the disqualifications under said Section 4. [A.M. No. 88-7-1861-RTC, October 5, 1988]

a. Under the Constitution, the members of the Supreme Court and other
courts established by law shall not be designated to any agency
performing quasi-judicial or administrative functions.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 82
Amat Victoria Curam

b. While the doctrine of separation of powers is a relative theory not to be distribution of powers would be mere verbiage, the bill of rights mere
enforced with pedantic rigor, the practical demands of government expressions of sentiment, and the principles of good government mere
precluding its doctrinaire application, it cannot justify a member of the political apothegms.
judiciary being required to assume a position or perform a duty non-
judicial in character. d. Although the Electoral Commission may not be interfered with, when
and while acting within the limits of its authority, it does not follow that
c. The essence of the trust reposed in a judge is to decide. Only a higher it is beyond the reach of the constitutional mechanism adopted by the
court can pass on his actuation. He is not a subordinate of an executive or people and that it is not subject to constitutional restrictions.
legislative official, however eminent. It is indispensable that there be no
exception to the rigidity of such a norm if he is, as expected, to be 3. Casibang vs. Aquino
confined to the task of adjudication. [G.R. No. L-38025, August 20, 1979]

d. Judges should not adopt an attitude of monastic insensibility or a. Political Question


unbecoming indifference to the Local Committee on Justice. Even as non- Connotes a question of policy. Those questions which, under the
members of the same, judges should render assistance to said Committees Constitution, are to be decided by the people in their sovereign capacity;
to help promote laudable purposes for which they exist, but only when or in regard to which full discretionary authority has been delegated to the
such assistance may be reasonably incidental to the fulfillment of judicial legislative or executive branch of the government. It is concerned with
duties. the issues dependent upon wisdom, not the legality of a particular
measure.
2.Angara vs. Electoral Commission
[G.R. No. 45081, July 15, 1936] b. Justiciable Question
Implies a given right, an act or omission violative of said right, and a
a. The separation of powers is a fundamental principle in our system of remedy granted by law, for said breach of right.
government. It obtains not through express provision but by actual
division in our constitution. Each department has an exclusive cognizance 4. Tañada vs. Cuenco
of matters within its jurisdiction, and is supreme within its own sphere. [G.R. No. L-10520, February 28, 1957]

b. Doctrine of Judicial Supremacy a. It is not within the province of the courts to pass judgment upon the
When the Judiciary mediates to allocate Constitutional boundaries, it does policy of legislative or executive action. Where discretionary powers are
not assert any superiority over the other departments; it does not in reality granted by the Constitution or by statute, the manner in which those
nullify or invalidate an act of the legislature, but only asserts the solemn powers are exercised is not subject to judicial review. The courts,
and sacred obligation assigned to it by the Constitution. therefore, concern themselves only with the question as to the existence
and extent of these discretionary powers.
c. The Constitution sets forth in no uncertain language the restrictions and
limitations upon governmental powers and agencies. If these restrictions b. As distinguished from the judicial, the legislative and executive
and limitations are transcended it would be inconceivable if the departments are spoken of as the political departments of government
Constitution had not provided for a mechanism by which to direct the because in very many cases their action is necessarily dictated by
course of government along constitutional channels, for then the considerations of public or political policy. These considerations of public

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 83
Amat Victoria Curam

or political policy of course will not permit the legislature to violate constitutional norms for amendments have been observed or not. And,
constitutional provisions, or the executive to exercise authority not this inquiry must be done before the submission to and ratification by the
granted him by the Constitution or by statute, but, within these limits, they people.
do permit the departments, separately or together, to recognize that a
certain set of facts exists or that a given status exists, and these 6. Daza vs. Singson
determinations, together with the consequences that flow therefrom, may [G.R. No. 86344, December 21, 1989]
not be traversed in the courts.
a. The act of the House of Representatives in removing the petitioner from
c. The Senate is not clothed with full discretionary authority in the choice the Commission on Appointments involves the legality, not the wisdom
of members of the Senate Electoral Tribunal. The exercise of its power of such act.
thereon is subject to Constitutional limitations which are claimed to be
mandatory in nature. It is clearly within the legitimate province of the b. Even if the issue presented was political in nature, the Court would still
judicial department to pass upon the validity of the proceedings in not be precluded from resolving it under the expanded jurisdiction that in
connection therewith. proper cases, even the political question.

d. Where the legislative department has by statute prescribed election DELEGATION OF POWERS
procedure in a given situation, the judiciary may determine whether a
particular election has been in conformity with such statute, and,
particularly, whether such statute has been applied in a way to deny or 1. Garcia vs. Executive Secretary
transgress on constitutional or statutory rights. [G.R. No. 101273, July 3, 1992]

5. Sanidad vs. COMELEC a. The enactment of appropriation, revenue, and tariff bills, like all other
[G.R. No. L-44640, October 12, 1976] bills, is within the province of the Legislative rather than the Executive.
It does not follow however, that the executive orders, assuming they may
a. Political questions are neatly associated with the wisdom, not the be characterized as revenue measures, are prohibited to be exercised by
legality of a particular act. Where the vortex of the controversy refers to the President, that they must be enacted instead by the Congress.
the legality or validity of the contested act, that matter is definitely
justiciable or non-political. b. Section 28 (2) Article VI of the Constitution is the explicit
constitutional permission to Congress to authorize the President subject
b. Whether the amending process confers on the President that power to to limitations, and restrictions as Congress may impose, to fix within
propose amendments is a downright justiciable question. Should the specific limits, tariff rates, and other duties or imposts. In this case, it is
contrary be found, the actuation of the President would merely be a the Tariff and Customs Code which authorized the President to issue the
brutum fulmen. said executive orders.

c. Whether the constitutional provision (for the amendment process) has 2. Araneta vs. Dinglasan
been followed or not is indisputably a proper subject of inquiry by the [G.R. No. L-2044, August 26, 1949]
Supreme Court in whom the people themselves vested that power, a
power which includes the competence to determine whether the a. The words "limited period" as used in the Constitution are beyond
question intended to mean restrictive in duration. Emergency, in order to

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 84
Amat Victoria Curam

justify the delegation of emergency powers, "must be temporary or it can 3. Rodriguez vs. Gella
not be said to be an emergency." [G.R. No. L-6266, February 2, 1953]

b. Under the 1935 Constitution, the Act which granted emergency powers a. As the Act was expressly in pursuance of the constitutional provision,
to the President became inoperative ex proprio vigore when Congress met it has to be assumed that the National Assembly intended it to be only for
in regular session. a limited period. If it be contended that the Act has not yet been duly
repealed, and such step is necessary to a cessation of the emergency
c. In a special session, the Congress may consider general legislation or powers delegated to the President, the result would be obvious
only such acts were good only up to the corresponding dates of unconstitutionality, since it may never be repealed by the Congress, or if
adjournment of the following sessions of the legislature, unless sooner the latter ever attempts to do so, the President may wield his veto.
amended or repealed by the National Assembly.
b. The logical view consistent with constitutionality is to hold that the
d. The assertion that a new legislation is need to repeal the act would not powers lasted only during the emergency resulting from the last world
in harmony with the Constitution. If a new and different law were war. That emergency, which naturally terminated upon the ending of the
necessary to terminate the delegation, the period of delegation would be last world war, was contemplated by the members of the National
unlimited, indefinite, negative, and uncertain; for Congress might not Assembly on the foresight that the actual state of war could prevent it
enact the repeal, and even it would, the repeal might not meet with the from holding its next regular session.
approval of the President, and Congress might not override the veto. In
other words, it would be easier for the Congress to delegate its powers c. The emergency expressly spoken of in the title and in section 1 of the
than to take them back. This is not right, and is not, and ought not to be Act is one "in time of war," as distinguished from "other national
the law. emergency" that may arise as an after-effect of war or from natural causes
such as widespread earthquakes, typhoons, floods, and the like. The
e. More anomalous than the exercise of legislative functions by the typhoons that hit some provinces and cities not only did not result from
Executive when Congress is in the unobstructed exercise of its authority the last world war but were and could not have been contemplated by the
is the fact that there would be two legislative bodies operating over the legislators.
same field, legislating concurrently and simultaneously, mutually
nullifying each other's actions. Even if the emergency powers of the d. The framers of the Constitution had entrusted to the good judgment of
President, as suggested, be suspended while Congress was in session and the Congress the duty of coping with any national emergency by a more
be revived after each adjournment, the anomaly would not be eliminated. efficient procedure; but it alone must decide because emergency in itself
cannot and should not create power.
f. The period that best comports with the constitutional requirements and
limitations, with the general context of the law and with what we believe 4. People vs. Vera
to be the main if not the sole raison d'etre for its enactment, was a period [G.R. No. 45685, November 16, 1937]
coextensive with the inability of Congress to function, a period ending
with the convening of that body. a. One of the settled maxims in constitutional law is that the power
conferred upon the legislature to make laws cannot be delegated by that
department to any other body or authority. Where the sovereign power of
the state has located the authority, there it must remain; and by the

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 85
Amat Victoria Curam

constitutional agency alone the laws must be made until the Constitution c. The principle of non-delegation of power is applicable to all three
itself is changed branches of the Government but is especially applicable to Legislative.
The delegation of Legislative power has become the rule and its non-
b. Instances of Permissible Delegation delegation the exception because of the increasing complexity of the task
(1) Local authorities; of government and the growing inability of the legislature to cope directly
(2) Administrative bodies; with the myriad problems demanding its attention.
(3) People at large;
(4) Fixing within specified limits, tariff rates, import or export quotas, and d. Specialization even in legislation has become necessary because the
tonnage and wharfage dues to the President; and solutions may, however, be expected from its delegates, who are
(5) Emergency powers to the President. supposed to be experts in the particular fields assigned to them.

c. In testing whether a statute constitutes an undue delegation of e. The reason given for the delegation of legislative powers in general are
legislative power or not, it is usual to inquire whether the statute was particularly applicable to administrative bodies. With the proliferation of
complete in all its terms and provisions when it left the hands of the the specialized activities, and their attendant peculiar problems, the
legislature so that nothing was left to the judgment of any other appointee national legislature has found it more and more necessary to entrust to
or delegate of the legislature. administrative agencies the authority to issue rules to carry out general
provision of statues.
d. There is undue delegation of legislative power. Act 4221 provides that
it shall only apply to provinces where the respective provincial boards f. Tests of Valid Delegation of Legislative Power to Administrative
have provided for a probation officer. Nowhere in the law has it stated as Agencies:
to what standards provincial boards should follow in determining whether
or not to apply the probation law in the province. This only creates a (1) Completeness Test
roving commission which will act arbitrarily according to its whims. The law must be complete in all its terms and conditions when it leaves
the legislature such that when it reaches the delegate the only thing he will
5. Eastern Shipping Lines vs. POEA have to do is enforce it.
[G.R. No. L-76633, October 18, 1988] (2) Sufficient Standard Test
There must be adequate guidelines or limitations in the law to map out the
a. Any attempt to abdicate the power is unconstitutional, and void under boundaries of the delegate’s authority and prevent delegation from
the principle of potestas delegare non delegare potest. The legislative running riot.
must not transfer the making of law to anybody else, or place it anywhere
but where the people have. Both tests are intended to prevent a total transference of legislative
authority to the delegate who is not allowed to step into the shoes of the
b. Such delegated power constitutes not only a right but a duty to be legislature and exercise power essentially legislative.
performed by the delegate by the instrumentality of his own judgment
acting immediately upon the matter of legislation and not through the g. With this power, the administrative bodies may implement the broad
intervening mind of another. principles laid down in a statute by “filling in” the details which the
Congress may not have the opportunity or competence to provide. This is

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 86
Amat Victoria Curam

effected by their promulgation of “Supplementary Regulations” such as partiality and abuse, and even corruption. One searches in vain for the
Implementing Rules and Regulations. usual standard and the reasonable guidelines, or better still, the limitations
that the said officers must observe when they make their distribution.
h. Power of Subordinate Legislation There is none. Their options are apparently boundless.
With the proliferation of specialized activities, and their attendant
peculiar problems, the national legislature has found it more and more b. There is an invalid delegation of legislative powers to the officers
necessary to entrust to administrative agencies the authority to issue rules mentioned who are granted unlimited discretion in the distribution of the
to carry out the general provisions of the statute. properties arbitrarily taken.

i. Some Accepted “Sufficient Standards” 8. Tablarin vs. Gutierrez


(1) Public interest; [G.R. No. 78164, July 31, 1987]
(2) Justice and equity;
(3) Public convenience and welfare; a. The standard may either be expressed or implied. The standard does
(4) Simplicity, economy and efficiency; not have to be spelled out specifically. It could be implied from the policy
(5) Sense and experience of men; and and purpose of the act considered as a whole.
(6) National security.
b. The general principle of non-delegation of legislative power, which
6. United States vs. Ang Tang Ho both flows from the reinforces the more fundamental rule of the
[G.R. No. 17122, February 27, 1922] separation and allocation of powers among the three great departments of
government, must be applied with circumspection in respect of statutes
a. If the Act is a law unto itself and within itself, and it does nothing more which deal with subjects which are complex and technical.
than to authorize the Governor-General to make rules and regulations to
carry the law into effect, then the Legislature itself created the law. There 9. Pelaez vs. Auditor General
is no delegation of power and it is valid. On the other hand, if the Act [G.R. No. L-23825, December 24, 1965]
within itself does not define a crime, and is a law, and some legislative
act remains to be done to make it a law or a crime, the doing of which is a. Although the Congress may delegate to another branch of the
vested in the Governor-General, then the Act is a delegation of legislative Government the power to fill in the details in the execution, enforcement,
power and is unconstitutional and void. or administration of a law, it is essential to forestall a violation of the
principle of separation of powers that said law:
b. The legislature cannot delegate its power to make a law, but it can make (1) Be complete in itself — it must set forth therein the policy to be
a law to delegate a power to determine some fact or state of things upon executed, carried out or implemented by the delegate — and
which the law makes, or intends to make, its own action to depend. (2) Fix a standard — the limits of which are sufficiently determinate or
determinable — to which the delegate must conform in the performance
7. Ynot vs. IAC of his functions.
[G.R. No. 74457, March 20, 1987]
b. Without a statutory declaration of policy, the delegate would, in effect,
a. The phrase "may see fit" is an extremely generous and dangerous make or formulate such policy, which is the essence of every law; and,
condition, if condition it is. It is laden with perilous opportunities for without the aforementioned standard, there would be no means to

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 87
Amat Victoria Curam

determine, with reasonable certainty, whether the delegate has acted 1. Pimentel, Jr. vs. COMELEC
within or beyond the scope of his authority. Hence, he could thereby [G.R. No. 161658, November 3, 2008]
arrogate upon himself the power, not only to make the law, but also to
unmake it, by adopting measures inconsistent with the end sought to be a. The powers of the legislative department of the Government, like the
attained by the Act of Congress. boundaries of the ocean, are unlimited. In constitutional governments,
however, as well as governments acting under delegated authority, the
c. The qualifying clause “as the public welfare may require” which would powers of each of the departments are limited and confined within the
mean that the President may exercise such power as the public welfare four walls of the constitution or the charter, and each department can only
may require will not replace the standard needed for a proper delegation exercise such powers as are necessarily implied from the given powers.
of power. The proper interpretation is that the President may change the The Constitution is the shore of legislative authority against which the
seat of the Government within any subdivision to such place therein as waves of legislative enactment may dash, but over which it cannot leap.
the public welfare may require. Only the seat of government may be
changed by the President, when public welfare so requires, and NOT the b. Subject to the provisions on nuisance candidates, a candidate for
creation of municipalities. senator needs only to meet the qualifications laid down in Sec. 3, Art. VI
of the Constitution, to wit:
d. The power to create municipalities is essentially and eminently (1) Citizenship;
legislative in character not executive. (2) Voter registration;
(3) Literacy;
(4) Age; and
THE LEGISLATIVE DEPARTMENT (5) Residency.

SECTION 1. The legislative power shall be vested in the Congress of Beyond these stated qualification requirements, candidates for senator
the Philippines which shall consist of a Senate and a House of need not possess any other qualification to run for senator and be voted
Representatives, except to the extent reserved to the people by the upon and elected as member of the Senate. The Congress cannot validly
provision on initiative and referendum. amend or otherwise modify these qualification standards, as it cannot
disregard, evade, or weaken the force of a constitutional mandate, or alter
SECTION 2. The Senate shall be composed of twenty-four Senators or enlarge the Constitution.
who shall be elected at large by the qualified voters of the Philippines,
as may be provided by law. SECTION 4. The term of office of the Senators shall be six years and
shall commence, unless otherwise provided by law, at noon on the
SECTION 3. No person shall be a Senator unless he is a natural-born thirtieth day of June next following their election. No Senator shall
citizen of the Philippines and, on the day of the election, is at least serve for more than two consecutive terms. Voluntary renunciation
thirty-five years of age, able to read and write, a registered voter, and of the office for any length of time shall not be considered as an
a resident of the Philippines for not less than two years immediately interruption in the continuity of his service for the full term of which
preceding the day of the election. he was elected.

SECTION 5. (1) The House of Representatives shall be composed of


not more than two hundred and fifty members, unless otherwise fixed

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 88
Amat Victoria Curam

by law, who shall be elected from legislative districts apportioned 2. Mariano, Jr. vs. COMELEC
among the provinces, cities, and the Metropolitan Manila area in [G.R. No. 118577, March 7, 1995]
accordance with the number of their respective inhabitants, and on
the basis of a uniform and progressive ratio, and those who, as a. Reapportionment of legislative districts may be made through a special
provided by law, shall be elected through a party-list system of law, such as in the charter of a new city.
registered national, regional, and sectoral parties or organizations.
b. To hold that reapportionment can only be made through a general
(2) The party-list representatives shall constitute twenty per centum apportionment law, with a review of all the legislative districts allotted to
of the total number of representatives including those under the party each local government unit nationwide, would create an inequitable
list. For three consecutive terms after the ratification of this situation where a new city or province created by Congress will be denied
Constitution, one-half of the seats allocated to party-list legislative representation for an indeterminate period of time.
representatives shall be filled, as provided by law, by selection or
election from the labor, peasant, urban poor, indigenous cultural c. A legislative district may be increased if it has met the minimum
communities, women, youth, and such other sectors as may be population requirement of 250,000. In fact, Section 3 of the Ordinance
provided by law, except the religious sector. appended to the Constitution provides that a city whose population has
increased to more than 250,000 shall be entitled to at least one
(3) Each legislative district shall comprise, as far as practicable, congressional representative.
contiguous, compact, and adjacent territory. Each city with a
population of at least two hundred fifty thousand, or each province, 3. Montejo vs. COMELEC
shall have at least one representative. [G.R. No. 118702, March 16, 1995]

(4) Within three years following the return of every census, the a. While the Supreme Court can strike down an unconstitutional
Congress shall make a reapportionment of legislative districts based reapportionment, it cannot itself make the reapportionment.
on the standards provided in this section.
4. Aquino vs. COMELEC
1. Tobias vs. Abalos [G.R. No. 189793, April 7, 2010]
[G.R. No. 114783, December 8, 1994]
a. There is no specific provision in the Constitution that fixes a 250,000
a. The creation of a separate congressional district for Mandaluyong is not minimum population that must compose a legislative district.
a subject separate and distinct from the subject of its conversion into a
highly urbanized city but is a natural and logical consequence of its b. While Section 5(3), Article VI of the Constitution requires a city to
conversion into a highly urbanized city. have a minimum population of 250,000 to be entitled to a representative,
it does not have to increase its population by another 250,000 to be
b. The present limit of 250 members is not absolute. The Constitution entitled to an additional district. Indeed, if an additional legislative district
clearly provides that the House of Representatives shall be composed of created within a city is not required to represent a population of at least
not more than 250 members, “unless otherwise provided by law.” The 250,000 in order to be valid, neither should such be needed for an
present composition of Congress may be increased, if Congress itself so additional district in a province, considering moreover that a province is
mandates through a legislative enactment.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 89
Amat Victoria Curam

entitled to an initial seat by the mere fact of its creation and regardless of c. Section 5 (2), Article VI of the Constitution (regarding the 20%
its population. allocation) is not mandatory. It merely provides a ceiling for party-list
seats in Congress.
c. Requisites for creation of a province:
(1) A province may be created if it has an average annual income, as d. In imposing a two percent threshold, Congress wanted to ensure that
certified by the Department of Finance, of not less than P20,000,000 only those parties, organizations and coalitions having a sufficient
based on 1991 constant prices and either of the following requisites: number of constituents deserving of representation are actually
(i) A contiguous territory of at least 2,000 square kilometers, as certified represented in Congress.
by the Lands Management Bureau; OR
(ii) A population of not less than 250,000 inhabitants as certified by the e. To have meaningful representation, the elected persons must have the
National Statistics Office. mandate of a sufficient number of people. Otherwise, in a legislature that
features the party-list system, the result might be the proliferation of small
The requirement of population is not an indispensable requirement, but is groups which are incapable of contributing significant legislation, and
merely an alternative addition to the indispensable income requirement. which might even pose a threat to the stability of Congress.

d. Population is not the only factor but is just one of several other factors f. The three-seat limit ensures the entry of various interest-representations
in the composition of the additional district. into the legislature; thus, no single group, no matter how large its
membership, would dominate the party- list seats, if not the entire House.
5. Veterans Federation Party vs. COMELEC
[G.R. No. 136781, October 6, 2000] 6. BANAT vs. COMELEC
[G.R. No. 179271, APRIL 21, 2009]
a. Inviolable parameters to determine winners in a party-list election:
(1) The 20% allocation —the combined number of all party-list a. In computing the allocation of additional seats, the continued operation
congressmen shall not exceed twenty percent of the total membership of of the two percent threshold for the distribution of the additional seats as
the House of Representatives, including those elected under the party list; found in the second clause of Section 11(b) of R.A. No. 7941 is
(2) The 2% threshold—only those parties garnering a minimum of two unconstitutional. The two percent threshold makes it mathematically
percent of the total valid votes cast for the party-list system are “qualified” impossible to achieve the maximum number of available party list seats
to have a seat in the House of Representatives; when the number of available party list seats exceeds 50.
(3) The 3-seat limit—each qualified party, regardless of the number of
votes it actually obtained, is entitled to a maximum of three seats; that is, b. The remaining available seats for allocation as "additional seats" are
one “qualifying” and two additional seats; the maximum seats reserved under the Party List System less the
(4) Proportional representation —the additional seats which a qualified guaranteed seats.
party is entitled to shall be computed “in proportion to their total number
of votes.” c. There are two steps in the second round of seat allocation. First, the
percentage is multiplied by the remaining available seats, which is the
b. Any increase in the number of district representatives, as may be difference between the maximum seats reserved under the Party-List
provided by law, will necessarily result in a corresponding increase in the System and the guaranteed seats of the two- percenters. The whole integer
number of party-list seats. of the product of the percentage and of the remaining available seats

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 90
Amat Victoria Curam

corresponds to a party’s share in the remaining available seats. Second, (2) While political parties are not disqualified merely on the ground that
we assign one party-list seat to each of the parties next in rank until all they are political parties, they must show, however, that they represent
available seats are completely distributed. the interests of the marginalized and underrepresented;
(3) The religious sector may not be represented in the party-list system;
d. Neither the Constitution nor R.A. No. 7941 prohibits major political (4) A party or an organization must not be disqualified under Section 6 of
parties from participating in the party-list system. On the contrary, the RA 7941, which enumerates the grounds for disqualification:
framers of the Constitution clearly intended the major political parties to (i) It is a religious sect or denomination, organization or association
participate in party-list elections through their sectoral wings. organized for religious purposes;
(ii) It advocates violence or unlawful means to seek its goal;
7. Ang Bagong Bayani-OFW Labor Party vs. COMELEC (iii) It is a foreign party or organization;
[G.R. No. 147589, June 26,2001] (iv) It is receiving support from any foreign government, foreign
political party, foundation, organization, whether directly or through
a. RA 7941 mandates a state policy of promoting proportional any of its officers or members or indirectly through third parties for
representation by means of the Filipino-style party-list system, which will partisan election purposes;
“enable” the election to the House of Representatives of Filipino citizens: (v) It violates or fails to comply with laws, rules or regulations relating
(1) Who belong to marginalized and underrepresented sectors, to elections;
organizations and parties; and (vi) It declares untruthful statements in its petition;
(2) Who lack well-defined constituencies; but (vii) It has ceased to exist for at least one (1) year; or
(3) Who could contribute to the formulation and enactment of appropriate (viii) It fails to participate in the last two (2) preceding elections or
legislation that will benefit the nation as a whole. fails to obtain at least 2% of the votes cast under the party-list system
in the 2 preceding elections for the constituency in which it has
b. “Proportional representation” here does not refer to the number of registered;
people in a particular district, because the party-list election is national in (5) The party or organization must not be an adjunct of, or a project
scope. Neither does it allude to numerical strength in a distressed or organized or an entity funded or assisted by, the government;
oppressed group. Rather, it refers to the representation of the (6) The party must not only comply with the requirements of the law; its
“marginalized and underrepresented.” nominees must likewise do so;
(7) Not only the candidate party or organization must represent
c. “Lack of well-defined constituency” refers to the absence of a marginalized and underrepresented sectors; so also must its nominees;
traditionally identifiable electoral group, like voters of a congressional (8) While lacking a well-defined political constituency, the nominee must
district or territorial unit of government. Rather, it points again to those likewise be able to contribute to the formulation and enactment of
with disparate interests identified with the “marginalized or appropriate legislation that will benefit the nation as a whole.
underrepresented.”
8. Atong Paglaum, Inc. vs. COMELEC
d. Guidelines for Screening Party-List Participants [G.R. No. 203766, April 2, 2013]
(1) The political party, sector, organization or coalition must represent the
marginalized and underrepresented groups identified in Section 5 of RA a. The framers of the 1987 Constitution intended the party-list system to
7941 (NOTE: Already modified by Atong Paglaum); include not only sectoral parties but also non- sectoral parties.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 91
Amat Victoria Curam

b. The reservation of seats to sectoral representatives was only allowed i. Sectoral parties or organizations may either be “marginalized and
for the first three consecutive terms. underrepresented” or lacking in “well-defined political constituencies.” It
is enough that their principal advocacy pertains to the special interest and
c. The common denominator between sectoral and non-sectoral parties is concerns of their sector.
that they cannot expect to win in legislative district elections but they can
garner, in nationwide elections, at least the same number of votes that j. The sectors that are “marginalized and underrepresented” include labor,
winning candidates can garner in legislative district elections. peasant, fisherfolk, urban poor, indigenous cultural communities,
handicapped, veterans, and overseas workers. The sectors that lack “well-
d. Under the party-list system, an ideology-based or cause-oriented defined political constituencies” include professionals, the elderly,
political party is clearly different from a sectoral party. A political party women, and the youth.
need not be organized as a sectoral party and need not represent any
particular sector. It is sufficient that the political party consists of citizens k. A majority of the members of sectoral parties or organizations that
who advocate the same ideology or platform, or the same governance represent the “marginalized and underrepresented” must belong to the
principles and policies, regardless of their economic status as citizens. “marginalized and underrepresented” sector they represent. Similarly, a
majority of the members of sectoral parties or organizations that lack
e. None of the 8 grounds to refuse or cancel registration of parties refers “well-defined political constituencies” must belong to the sector they
to non- representation of the “marginalized and underrepresented.” represent.

f. 3 different groups may participate in the party-list system: l. The nominees of sectoral parties or organizations that represent the
(1) National parties or organizations; “marginalized and underrepresented,” or that represent those who lack
(2) Regional parties or organizations; and “well-defined political constituencies,” either must belong to their
(3) Sectoral parties or organizations. respective sectors, or must have a track record of advocacy for their
respective sectors.
Additional Guidelines for Screening Party-List Participants
m. The nominees of national and regional parties or organizations must
g. National parties or organizations and regional parties or organizations be bona fide members of such parties or organizations.
do not need to organize along sectoral lines and do not need to represent
any “marginalized and underrepresented” sector. n. National, regional, and sectoral parties or organizations shall not be
disqualified if some of their nominees are disqualified, provided that they
h. Political parties can participate in party-list elections provided they have at least one nominee who remains qualified.
register under the party-list system and do not field candidates in
legislative district elections. A political party, whether major or not, that 9. Ang Ladlad LGBT Party vs. COMELEC
fields candidates in legislative district elections can participate in party- [G.R. No.190582, April 8, 2010]
list elections only through its sectoral wing that can separately register
under the party-list system. The sectoral wing is by itself an independent a. The enumeration of marginalized and under-represented sectors is not
sectoral party, and is linked to a political party through a coalition. exclusive. The crucial element is not whether a sector is specifically
enumerated, but whether a particular organization complies with the
requirements of the Constitution and RA 7941.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 92
Amat Victoria Curam

b. Moral disapproval, without more, is not a sufficient governmental 12. Bantay Republic Act or BA-RA 7941 vs. COMELEC
interest to justify exclusion of homosexuals from participation in the [G.R. No. 177271, May 4, 2007]
party-list system.
a. The identity of candidates for a lofty elective public office should be a
10. Palparan v. HRET matter of highest public concern and interest. No national security or like
[G.R. No. 189506, February 11, 2010] concerns is involved in the disclosure of the names of the nominees of the
party-list groups in question.
a. The members of the House of Representatives are of two kinds:
(1) Members who shall be elected from legislative districts; and b. There is absolutely nothing in R.A. No. 7941 that prohibits the
(2) Those who shall be elected through a party-list system of registered COMELEC from disclosing or even publishing through mediums other
national, regional, and sectoral parties or organizations. than the “Certified List” the names of the party-list nominees.

b. From the Constitution’s point of view, it is the party-list representatives c. The people have the right to elect their representatives on the basis of
who are “elected” into office, not their parties or organizations. These an informed judgment. Hence the need for voters to be informed about
representatives are elected through that peculiar party-list system that the matters that have a bearing on their choice. The ideal cannot be achieved
Constitution authorized and that Congress by law established where the in a system of blind voting.
voters cast their votes for the organizations or parties to which such party-
list representatives belong. SECTION 6. No person shall be a Member of the House of
Representatives unless he is a natural-born citizen of the Philippines
c. Once elected, both the district representatives and the party-list and, on the day of the election, is at least twenty-five years of age, able
representatives are treated in like manner. They have the same to read and write, and, except the party-list representatives, a
deliberative rights, salaries, and emoluments. They can participate in the registered voter in the district in which he shall be elected, and a
making of laws that will directly benefit their legislative districts or resident thereof for a period of not less than one year immediately
sectors. They are also subject to the same term limitation of three years preceding the day of the election.
for a maximum of three consecutive terms.
1. Romualdez-Marcos vs. COMELEC
11. Philippine Guardians Brotherhood, Inc. vs. COMELEC [G.R. No. 119976, September 18, 1995]
[G.R. No. 190529, April 29,2010]
a. Domicile includes the twin elements of "the fact of residing or physical
a. As it was the COMELEC itself which prevented PGBI from presence in a fixed place" and animus manendi, or the intention of
participating in the May 10, 2010 party-list elections when it deleted returning there permanently.
PGBI, with grave abuse of discretion, from the list of accredited party-list
groups or organizations and, thereafter, refused to return it to the list b. Residence is the physical presence of a person in a given area,
despite our directive, PGBI should, at the very least, be deemed to have community or country.
participated in the May 10, 2010 elections, and cannot be disqualified for
non-participation or for failure to garner the votes required under Section c. The essential distinction between residence and domicile in law is that
6(8) of R.A. No. 7941. residence involves the intent to leave when the purpose for which the
resident has taken up his abode ends. One may seek a place for purposes

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 93
Amat Victoria Curam

such as pleasure, business, or health. If a person's intent be to remain, it 3. Co vs. House of Representatives Electoral Tribunal
becomes his domicile; if his intent is to leave as soon as his purpose is [G.R. Nos. 92191-92, July 30, 1991]
established it is residence.
a. The absence of a person from his permanent residence, no matter how
d. A person can only have a single domicile, unless, for various reasons, long, notwithstanding, it continues to be the domicile of that person. In
he successfully abandons his domicile in favor of another domicile of other words, domicile is characterized by animus revertendi.
choice.
b. It is not required that a person should have a house in order to establish
e. To successfully effect a change of domicile, one must demonstrate: his residence and domicile. It is enough that he should live in the
(1) An actual removal or an actual change of domicile; municipality or in a rented house or in that of a friend or relative.
(2) A bona fide intention of abandoning the former place of residence and
establishing a new one; and c. The Constitution only requires that the candidate meet the age,
(3) Acts which correspond with the purpose. citizenship, voting and residence requirements. Nowhere is it required by
the Constitution that the candidate should also own property in order to
2. Aquino vs. COMELEC be qualified to run.
[G.R. No. 120265, September 18, 1995]
d. Absence from residence to pursue studies or practice a profession or
a. The place "where a party actually or constructively has his permanent registration as a voter other than in the place where one is elected, does
home," where he, no matter where he may be found at any given time, not constitute loss of residence.
eventually intends to return and remain, i.e., his domicile, is that to which
the Constitution refers when it speaks of residence for the purposes of 4. Frivaldo vs. COMELEC
election law. [G.R. No. 120295, June 28, 1996]

b. The manifest purpose of the deviation from the usual conceptions of a. The citizenship requirement in the Local Government Code is to be
residency in law is "to exclude strangers or newcomers unfamiliar with possessed by an elective official at the latest as of the time he is
the conditions and needs of the community from taking advantage of proclaimed and at the start of the term of office to which he has been
favorable circumstances existing in that community for electoral gain.” elected.

c. While there is nothing wrong with the practice of establishing residence SECTION 7. The Members of the House of Representatives shall be
in a given area for meeting election law requirements, this nonetheless elected for a term of three years which shall begin, unless otherwise
defeats the essence of representation, which is to place through the assent provided by law, at noon on the thirtieth day of June next following
of voters those most cognizant and sensitive to the needs of a particular their election. No Member of the House of Representatives shall serve
district, if a candidate falls short of the period of residency mandated by for more than three consecutive terms. Voluntary renunciation of the
law for him to qualify. office for any length of time shall not be considered as an interruption
in the continuity of his service for the full term for which he was
elected.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 94
Amat Victoria Curam

1. Dimaporo vs. Mitra term of all the Members of the Senate and the House of
[G.R. No. 96859, October 15, 1991] Representatives approving such increase.

a. Under the Election Code, Article IX, Section 67: 'Any elective official SECTION 11. A Senator or Member of the House of Representatives
whether national or local running for any office other than the one which shall, in all offenses punishable by not more than six years
he is holding in a permanent capacity except for President and Vice- imprisonment, be privileged from arrest while the Congress is in
President shall be considered ipso facto resigned from his office upon the session. No Member shall be questioned nor be held liable in any
filing of his certificate of candidacy.’ other place for any speech or debate in the Congress or in any
committee thereof.
b. When an elective official covered thereby files a certificate of
candidacy for another office, he is deemed to have voluntarily cut short 1. Jimenez vs. Cabangbang
his tenure, not his term. The term remains and his successor, if any, is [G.R. No. 15905, August 3, 1966]
allowed to serve its unexpired portion.
a. Said expression refers to utterances made by Congressmen in the
c. The term of office prescribed by the Constitution may not be extended performance of their official functions, such as speeches delivered,
or shortened by the legislature, but the period during which an officer statements made, or votes cast in the halls of Congress, while the same is
actually holds the office (tenure), may be affected by circumstances in session as well as bills introduced in Congress, whether the same is in
within or beyond the power of said officer. Tenure may be shorter than session or not, and other acts performed by Congressmen, either in
the term or it may not exist at all. These situations will not change the Congress or outside the premises housing its offices, in the official
duration of the term of office discharge of their duties as members of Congress and of Congressional
Committees duly authorized to perform its functions as such at the time
d. The 4 grounds found in Article VI of the Constitution by which the of the performance of the acts in question.
tenure of a Congressman may be shortened are not exclusive
2. Osmeña vs. Pendatun
SECTION 8. Unless otherwise provided by law, the regular election [G.R. No. L-17144, October 28, 1960]
of the Senators and the Members of the House of Representatives
shall be held on the second Monday of May. a. Although exempt from prosecution or civil actions for their words
uttered in Congress, the members of Congress may, nevertheless, be
SECTION 9. In case of vacancy in the Senate or in the House of questioned in Congress itself. Observe that "they shall not be questioned
Representatives, a special election may be called to fill such vacancy in any other place" than Congress.
in the manner prescribed by law, but the Senator or Member of the
House of Representatives thus elected shall serve only for the b. The purpose of parliamentary immunity "is to enable and encourage a
unexpired term. representative of the public to discharge his public trust with firmness and
success" for "it is indispensably necessary that he should enjoy the fullest
SECTION 10. The salaries of Senators and Members of the House of liberty of speech, and that he should be protected from the resentment of
Representatives shall be determined by law. No increase in said every one, however powerful, to whom the exercise of that liberty may
compensation shall take effect until after the expiration of the full occasion offense."

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 95
Amat Victoria Curam

c. Parliamentary immunity guarantees the legislator complete freedom of he be appointed to any office which may have been created or the
expression without fear of being made responsible in criminal or civil emoluments thereof increased during the term for which he was
actions before the courts or any other forum outside of the Congressional elected.
Hall. But it does not protect him from responsibility before the legislative
body itself whenever his words and conduct are considered by the latter 1. Zandueta vs. De la Costa
disorderly or unbecoming a member thereof. [G.R. No. 46267, November 28, 1938]

3. Pobre vs. Defensor-Santiago a. The rule of equity, sanctioned by jurisprudence, is that when a public
[A.C. No. 7399, August 25, 2009] official voluntarily accepts an appointment to an office newly created or
reorganized by law, — which new office is incompatible with the one
a. Courts do not interfere with the legislature or its members in the manner formerly occupied by him — , qualifies for the discharge of the functions
they perform their functions in the legislative floor or in committee thereof by taking the necessary oath, and enters into the performance of
rooms. Any claim of an unworthy purpose or of the falsity and mala fides his duties by executing acts inherent in said newly created or reorganized
of the statement uttered by the member of the Congress does not destroy office and receiving the corresponding salary, he will be considered to
the privilege. The disciplinary authority of the assembly and the voters, have abandoned the office he was occupying by virtue of his former
not the courts, can properly discourage or correct such abuses committed appointment, and he cannot question the constitutionality of the law by
in the name of parliamentary immunity. virtue of which he was last appointed.

b. The parliamentary non-accountability granted to members of Congress b. The only exceptions to the rule are:
is not to protect them against prosecutions for their own benefit, but to (1) When the public official’s non-acceptance of the new appointment
enable them, as the people’s representatives, to perform the functions of may affect public interest; or
their office without fear of being made responsible before the courts or (2) When he is compelled to accept it by reason of legal exigencies.
other forums outside the congressional hall. It is intended to protect
members of Congress against government pressure and intimidation SECTION 14. No Senator or Member of the House of
aimed at influencing the decision-making prerogatives of Congress and Representatives may personally appear as counsel before any court
its members. of justice or before the Electoral Tribunals, or quasi-judicial and
other administrative bodies. Neither shall he, directly or indirectly,
SECTION 12. All Members of the Senate and the House of be interested financially in any contract with, or in any franchise or
Representatives shall, upon assumption of office, make a full special privilege granted by the Government, or any subdivision,
disclosure of their financial and business interests. They shall notify agency, or instrumentality thereof, including any government-owned
the House concerned of a potential conflict of interest that may arise or controlled corporation, or its subsidiary, during his term of office.
from the filing of a proposed legislation of which they are authors. He shall not intervene in any matter before any office of the
Government for his pecuniary benefit or where he may be called
SECTION 13. No Senator or Member of the House of upon to act on account of his office.
Representatives may hold any other office or employment in the
Government, or any subdivision, agency, or instrumentality thereof,
including government-owned or controlled corporations or their
subsidiaries, during his term without forfeiting his seat. Neither shall

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 96
Amat Victoria Curam

1. Puyat vs. De Guzman Neither House during the sessions of the Congress shall, without the
[G.R. No. 51122, March 25, 1982] consent of the other, adjourn for more than three days, nor to any
other place than that in which the two Houses shall be sitting.
a. The disqualification of members of Congress cannot be circumvented
by intervening in their personal capacity. 1. Santiago vs. Guingona, Jr.
[G.R. No. 134577, November 18, 1998]
b. That which the Constitution directly prohibits may not be done by
indirection or by a general legislative act which is intended to accomplish a. When referring to a certain number out of a total or aggregate,
the objects specifically or implied prohibited. “majority” simply "means the number greater than half or more than half
of any total."
SECTION 15. The Congress shall convene once every year on the
fourth Monday of July for its regular session, unless a different date b. The plain and unambiguous words of the subject constitutional clause
is fixed by law, and shall continue to be in session for such number of simply mean that the Senate President must obtain the votes of more than
days as it may determine until thirty days before the opening of its one half of all the senators. Not by any construal does it thereby delineate
next regular session, exclusive of Saturdays, Sundays, and legal who comprise the "majority", much less the "minority," in the said body.
holidays. The President may call a special session at any time.
c. While the Constitution mandates that the President of the Senate must
SECTION 16. The Senate shall elect its President and the House of be elected by a number constituting more than one half of all the members
Representatives, its Speaker, by a majority vote of all its respective thereof, it does not provide that the members who will not vote for him
Members. Each House shall choose such other officers as it may deem shall ipso facto constitute the "minority", who could thereby elect the
necessary. minority leader.

A majority of each House shall constitute a quorum to do business, d. Majority may also refer to "the group, party, or faction with the larger
but a smaller number may adjourn from day to day and may compel number of votes," not necessarily more than one half. This is sometimes
the attendance of absent Members in such manner, and under such referred to as plurality.
penalties, as such House may provide.
e. Minority is "a group, party, or faction with a smaller number of votes
Each House may determine the rules of its proceedings, punish its or adherents than the majority."
Members for disorderly behavior, and, with the concurrence of two-
thirds of all its Members, suspend or expel a Member. A penalty of f. In a government with a multi-party system such as in the Philippines,
suspension, when imposed, shall not exceed sixty days. there could be several minority parties, one of which has to be identified
by the COMELEC as the "dominant minority party" for purposes of the
Each House shall keep a Journal of its proceedings, and from time to general elections. No constitutional or statutory provision prescribe which
time publish the same, excepting such parts as may, in its judgment, of the many minority groups or the independents or a combination thereof
affect national security; and the yeas and nays on any question shall, has the right to select the minority leader.
at the request of one-fifth of the Members present, be entered in the
Journal. Each House shall also keep a Record of its proceedings. g. While the Constitution is explicit on the manner of electing a Senate
President and a House Speaker, it is, however, dead silent on the manner

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 97
Amat Victoria Curam

of selecting the other officers in both chambers of Congress. The method House knows best but which cannot be depicted in black and white for
of choosing who will be such other officers is merely a derivative of the presentation to, and adjudication by the Courts.
exercise of the prerogative conferred by the Constitution. Therefore, such
method must be prescribed by the Senate itself, not by the Court. b. If the Court assumed the power to determine what conduct constituted
disorderly behavior, it would thereby have assumed appellate jurisdiction,
2. Avelino vs. Cuenco which the Constitution never intended to confer upon a coordinate branch
[G.R. No. L-2821, March 4, 1949] of the Government.

a. When the Constitution declares that a majority of "each House" shall c. Where the state Senate is given the power to expel a member, the courts
constitute a quorum, "the House" does not mean "all" the members. Even will not review its action or revise even a most arbitrary or unfair decision.
a majority of all the members constitute "the House."
5. Santiago vs. Sandiganbayan
b. There is a difference between a majority of "all the members of the [G.R. No. 128055, April 18, 2001]
House" and a majority of "the House," the latter requiring less number
than the first. a. The order of suspension prescribed by RA 3019 is distinct from the
power of Congress to discipline its own ranks under the Constitution.
3. Arroyo vs. De Venecia
[G.R. No. 127255, August 14, 1997] b. The doctrine of separation of powers by itself may not be deemed to
have effectively excluded members of Congress from RA 3019 nor from
a. Cases, both here and abroad, all deny to the courts the power to inquire its sanctions.
into allegations that, in enacting a law, a House of Congress failed to
comply with its own rules, in the absence of showing that there was a 6. Paredes, Jr. vs. Sandiganbayan
violation of a constitutional provision or the rights of private individuals. [G.R. No. 118354, August 8, 1995]

b. Rules are hardly permanent in character. The prevailing view is that a. Section 16 (3), Article VI of the Constitution — which deals with the
they are subject to revocation, modification or waiver at the pleasure of power of each House of Congress inter alia to 'punish its Members for
the body adopting them as they are primarily procedural. Courts disorderly behavior,' and 'suspend or expel a Member' by a vote of two-
ordinarily have no concern with their observance. They may be waived or thirds of all its Members subject to the qualification that the penalty of
disregarded by the legislative body. Consequently, mere failure to suspension, when imposed, should not exceed sixty days — is unavailing,
conform to them does not have the effect of nullifying the act taken if the as it appears to be quite distinct from the suspension spoken of in Section
requisite number of members have agreed to a particular measure. 13 of RA 3019, which is not a penalty but a preliminary, preventive
measure, prescinding from the fact that the latter is not being imposed for
4. Osmeña vs. Pendatun misbehavior as a Member of the House of Representatives.
[G.R. No. L-17144, October 28, 1960]

a. The House is the judge of what constitutes disorderly behavior, not only
because the Constitution has conferred jurisdiction upon it, but also
because the matter depends mainly on factual circumstances of which the

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 98
Amat Victoria Curam

7. De Venecia vs. Sandiganbayan which we cannot speculate, without jeopardizing the principle of
[G.R. No. 130240, February 5, 2002] separation of powers and undermining one of the cornerstones of our
democratic system — the remedy is by amendment or curative legislation,
a. The suspension provided for in the Anti-Graft law is mandatory and is not by judicial decree.
of different nature and purpose. It is imposed by the court, not as a
penalty, but as a precautionary measure resorted to upon the filing of a 10. Philippine Judges Association vs. Prado
valid Information. Its purpose is to prevent the accused public officer [G.R. No. 105371, November 11, 1993]
from frustrating his prosecution by influencing witnesses or tampering
with documentary evidence and from committing further acts of a. Under the doctrine of separation of powers, the Court may not inquire
malfeasance while in office. It is thus an incident to the criminal beyond the certification of the approval of a bill from the presiding
proceedings before the court. officers of Congress.

b. The suspension or expulsion contemplated in the Constitution is a b. The enrolled bill is conclusive upon the Judiciary (except in matters
House-imposed sanction against its members. It is a penalty for disorderly that have to be entered in the journals like the yeas and nays on the final
behavior to enforce discipline, maintain order in its proceedings, or reading of the bill.) The journals are themselves also binding on the
vindicate its honor and integrity. Supreme Court.

8. U.S. vs. Pons SECTION 17. The Senate and the House of Representatives shall
[G.R. No. 11530, August 12, 1916] each have an Electoral Tribunal which shall be the sole judge of all
contests relating to the election, returns, and qualifications of their
a. From their very nature and object the records of the Legislature are as respective Members. Each Electoral Tribunal shall be composed of
important as those of the judiciary, and to inquire into the veracity of the nine Members, three of whom shall be Justices of the Supreme Court
journals of the Philippine Legislature, when they are clear and explicit, to be designated by the Chief Justice, and the remaining six shall be
would be to violate both the letter and the spirit of the organic laws by Members of the Senate or the House of Representatives, as the case
which the Philippine Government was brought into existence, to invade a may be, who shall be chosen on the basis of proportional
coordinate and independent department of the Government, and to representation from the political parties and the parties or
interfere with the legitimate powers and functions of the Legislature. organizations registered under the party-list system represented
therein. The senior Justice in the Electoral Tribunal shall be its
9. Casco Philippine Chemical Co. vs. Gimenez Chairman.
[G.R. No. L-17931, February 28, 1963]
1. Robles vs. House of Representatives Electoral Tribunal
a. The enrolled bill — which uses the term “urea formaldehyde” instead [G.R. No. 86647, February 5, 1990]
of “urea and formaldehyde” — is conclusive upon the courts as regards
the tenor of the measure passed by Congress and approved by the a. Where the court has jurisdiction over the subject matter, its orders upon
President. all questions pertaining to the cause are orders within its jurisdiction, and
however erroneous they may be, they cannot be corrected by certiorari.
b. If there has been any mistake in the printing ofthe bill before it was This rule more appropriately applies to respondent HRET whose
certified by the officers of Congress and approved by the Executive — on

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 99
Amat Victoria Curam

independence as a constitutional body has time and again been upheld in necessary for the proper exercise of its exclusive power to judge all
many cases. contests relating to the election, returns and qualifications of members of
the National Assembly, must be deemed by necessary implication to have
b. The right to hold an elective office is rooted on electoral mandate, not been lodged also in the Electoral Commission.
perceived entitlement to the office. This is the reason why an electoral
tribunal has been set up in order that any doubt as to right/mandate to a 3. Lazatin vs. House of Representatives Electoral Tribunal
public office may be fully resolved vis-a-vis the popular/public will. To [G.R. No. 84297, December 8, 1988]
this end, it is important that the tribunal be allowed to perform its
functions as a constitutional body, unhampered by technicalities or a. The Constitution vests exclusive jurisdiction over all contests relating
procedural play of words. to the election, returns and qualifications of the Members of the Senate
and the House of Representatives in the respective Electoral Tribunals.
2. Angara vs. Electoral Commission The exclusive original jurisdiction of the COMELEC is limited by
[G.R. No. 45081, July 15, 1936] constitutional fiat to election contests pertaining to election of regional,
provincial and city offices and its appellate jurisdiction to those involving
a. The composition of the Electoral Commission is also significant in that municipal and barangay offices.
it is constituted by a majority of members of the legislature. But it is a
body separate from and independent of the legislature. b. The power of the HRET, as the sole judge of all contests relating to the
election, returns and qualifications of the Members of the House of
b. The grant of power to the Electoral Commission to judge all contests Representatives, to promulgate rules and regulations relative to matters
relating to the election, returns and qualifications of members of the within its jurisdiction, including the period for filing election protests
National Assembly, is intended to be as complete and unimpaired as if it before it, is beyond dispute. Its rule-making power necessarily flows from
had remained originally in the legislature. The express lodging of that the general power granted it by the Constitution.
power in the Electoral Commission is an implied denial of the exercise of
that power by the National Assembly. c. The use of the word “sole” emphasizes the exclusive character of the
jurisdiction conferred.
c. If we concede the power claimed in behalf of the National Assembly
that said body may regulate the proceedings of the Electoral Commission 4. Abbas vs. Senate Electoral Tribunal
and cut off the power of the commission to lay down the period within [G.R. No. L-83767, October 27, 1988]
which protests should be filed, the grant of power to the commission
would be ineffective. a. In providing for a Tribunal to be staffed by both Justices of the Supreme
Court and Members of the Senate, the Constitution intended that both
d. The creation of the Electoral Commission carried with it ex necesitate those "judicial" and "legislative" components commonly share the duty
rei the power regulative in character to limit the time within which and authority of deciding all contests relating to the election, returns and
protests intrusted to its cognizance should be filed. qualifications of Senators.

e. In the absence of any further constitutional provision relating to the b. The fact that the proportion of Senators to Justices in the prescribed
procedure to be followed in filing protests before the Electoral membership of the Senate Electoral Tribunal is 2 to 1 is an unmistakable
Commission, therefore, the incidental power to promulgate such rules indication that the "legislative component" cannot be totally excluded

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 100
Amat Victoria Curam

from participation in the resolution of senatorial election contests, without (2) His death;
doing violence to the spirit and intent of the Constitution. (3) Permanent disability;
(4) Resignation from the political party he represents in the tribunal;
c. Every Member of the Tribunal may, as his conscience dictates, refrain (5) Formal affiliation with another political party; or
from participating in the resolution of a case where he sincerely feels that (6) Removal for other valid cause.
his personal interests or biases would stand in the way of an objective and
impartial judgment. 6. Chavez vs. COMELEC
[G.R. No. 105323, July 3, 1992)]
d. In the light of the Constitution, the Senate Electoral Tribunal cannot
legally function as such, absent its entire membership of Senators and that a. "Pre-proclamation cases (are) not allowed in elections for President,
no amendment of its Rules can confer on the three Justices-Members Vice-President, Senator and Member of the House of Representatives."
alone the power of valid adjudication of a senatorial election contest. What is allowed is the correction of "manifest errors in the certificate of
canvass or election returns."
5. Bondoc vs. Pineda
[G.R. No. 97710, September 26, 1991] b. To be manifest, the errors must appear on the face of the certificates of
canvass or election returns sought to be corrected and/or objections
a. The independence of the House Electoral Tribunal so zealously guarded thereto must have been made before the board of canvassers and
by the framers of our Constitution, would be a myth and its proceedings specifically noted in the minutes of their respective proceedings.
a farce if the House of Representatives, or the majority party therein, may
shuffle and manipulate the political (as distinguished from the judicial) c. It is the Senate Electoral Tribunal which has exclusive jurisdiction to
component of the electoral tribunal, to serve the interests of the party in act on a complaint involving contests relating to the election of a member
power. of the Senate.

b. As judges, the members of the tribunal must be non-partisan. They must d. The law is very clear on the matter and it is not right for petitioner to
discharge their functions with complete detachment, impartiality, and ask the Court to abandon settled jurisprudence, engage in judicial
independence — even independence from the political party to which legislation, amend the Constitution and alter the Omnibus Election Code.
they belong. The proper recourse is for petitioner to ask not this Court but the
Legislature to enact remedial measures.
c. "Disloyalty to party" and "breach of party discipline," are not valid
grounds for the expulsion of a member of the tribunal. 7. Pimentel vs. House of Representatives Electoral Tribunal
[G.R. No. 141489, November 29, 2002]
d. Members of the HRET, as sole judge" of congressional election
contests, are entitled to security of tenure just as members of the judiciary a. The Constitution expressly grants to the House of Representatives the
enjoy security of tenure under our Constitution. prerogative, within constitutionally defined limits, to choose from among
its district and party-list representatives those who may occupy the seats
e. Membership in the House Electoral Tribunal may not be terminated allotted to the House in the HRET and the CA.
except for a just cause, such as:
(1) The expiration of the member's congressional term of office;

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 101
Amat Victoria Curam

b. Even assuming that party-list representatives comprise a sufficient [G.R. No. 207264, June 25, 2013]
number and have agreed to designate common nominees to the HRET and
the CA, their primary recourse clearly rests with the House of a. The HRET is unavailable to petitioner because she is NOT a Member
Representatives and not with the Supreme Court. of the House at present. The COMELEC never ordered her proclamation
as the rightful winner in the election for such membership.
c. Under Sections 17 and 18, Article VI of the Constitution, party-list
representatives must first show to the House that they possess the required SECTION 18. There shall be a Commission on Appointments
numerical strength to be entitled to seats in the HRET and the CA. Only consisting of the President of the Senate, as ex officio Chairman,
if the House fails to comply with the directive of the Constitution on twelve Senators, and twelve Members of the House of
proportional representation of political parties in the HRET and the CA Representatives, elected by each House on the basis of proportional
can the party-list representatives seek recourse to the Supreme Court representation from the political parties and parties or organizations
under its power of judicial review. registered under the party-list system represented therein. The
chairman of the Commission shall not vote, except in case of a tie.
8. Palparan v. HRET The Commission shall act on all appointments submitted to it within
[G.R. No. 189506, February 11, 2010] thirty session days of the Congress from their submission. The
Commission shall rule by a majority vote of all the Members.
a. It is for the HRET to interpret the meaning of this particular
qualification of a nominee—the need for him or her to be a bona fide 1. Daza vs. Singson
member or a representative of his party-list organization. [G.R. No. 86344, December 21, 1989]

b. The right to examine the fitness of aspiring nominees and, eventually, a. The House of Representatives has the authority to change its
to choose five from among them after all belongs to the party or representation in the Commission on Appointments to reflect at any time
organization that nominates them. But where an allegation is made that the changes that may transpire in the political alignments of its
the party or organization had chosen and allowed a disqualified nominee membership. It is understood that such changes must be permanent and
to become its party-list representative in the lower House and enjoy the do not include the temporary alliances or factional divisions not involving
secured tenure that goes with the position, the resolution of the dispute is severance of political loyalties or formal disaffiliation and permanent
taken out of its hand. shifts of allegiance from one political party to another.

c. Since party-list nominees are “elected members” of the House of b. If by reason of successful election protests against members of a House,
Representatives no less than the district representatives are, the HRET has or of their expulsion from the political party to which they belonged
jurisdiction to hear and pass upon their qualifications. By analogy with and/or of their affiliation with another political party, the ratio in the
the cases of district representatives, once the party or organization of the representation of the political parties in the House is materially changed,
party-list nominee has been proclaimed and the nominee has taken his the House is clothed with authority to declare vacant the necessary
oath and assumed office as member of the House of Representatives, the number of seats in the Commission on Appointments held by members of
COMELEC’s jurisdiction over election contests relating to his said House belonging to the political party adversely affected by the
qualifications ends and the HRET’s own jurisdiction begins. change and then fill said vacancies in conformity with the Constitution.

9. Ongsiako Reyes vs. COMELEC

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 102
Amat Victoria Curam

2. Coseteng vs. Mitra d. Section 18, also assures representation in the Commission on
[G.R. No. 86649, July 12, 1990] Appointments of any political party who succeeds in electing members to
the Senate, provided that the number of senators so elected enables it to
a. To be able to claim proportional membership in the Commission on put a representative in the Commission on Appointments.
Appointments, a political party should represent at least 8.4% of the
House membership, i.e., it should have been able to elect at least 17 e. The Constitution does not contemplate that the Commission on
congressmen or congresswomen. Appointments must necessarily include 12 senators and 12 members of
the House of Representatives. What the Constitution requires is that there
b. There is no merit in the petitioner’s contention that the House members be at least a majority of the entire membership.
in the Commission on Appointments should have been nominated and
elected by their respective political parties. The petition itself shows that f. The Commission on Appointments may perform its functions and
they were nominated by their respective floor leaders in the House. They transact its business even if only 10 senators are elected thereto as long as
were elected by the House (not by their party) as provided in Section 18, a quorum exists.
Article VI of the Constitution.
g. While the Constitution provides for equal membership from the Senate
3. Guingona vs. Gonzales and the House of Representatives in the Commission on Appointments,
[G.R. No. 106971, October 20, 1992] the senators on the one hand, and the representatives, on the other, do not
vote separately but jointly, and usually along party lines.
a. To disturb the resulting fractional membership of the political parties
in the Commission on Appointments by adding together two halves to
make a whole is a breach of the rule on proportional representation
because it will give a party an added member in the Commission by
utilizing the fractional membership of the minority political party, who is
deprived of half a representation.

b. The provision of Section 18 on proportional representation is


mandatory in character and does not leave any discretion to the majority
party in the Senate to disobey or disregard the rule on proportional
representation; otherwise, the party with a majority representation in the
Senate or the House of Representatives can by sheer force of numbers
impose its will on the hapless minority.

c. By requiring a proportional representation in the Commission on


Appointments, Section 18 in effect works as a check on the majority party
in the Senate and helps to maintain the balance of power. No party can
claim more than what it is entitled to under such rule.

“Only the weak rest on their laurels and dote on past triumphs; in the game of power, there is never time to rest.” 103

You might also like