Nachura Notes Complete

8/10/2019 Nachura Notes Complete

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Nachura Notes Constitutional Law

9$: *ndependent of and coe@ual to the otherdepartmentsb. %atification %atified by a ma5ority of the votes castin a plebiscite held not earlier than 3J nor

later than 0J days after the approval of theproposal by Congress or the ConstitutionalConvention4 or after the certification by theC-+/L/C of the sufficiency of theinitiative. "octrine or proper submission?Constitution prescribes the time framewithin which the plebiscite is to be held4there can no longer be any @uestion onwhether the time given to the people todetermine the merits and demerits of the

proposed amendment is ade@uate. Plebiscite may be held on the same dayas a regular election. /ntire Constitution must be submittedfor ratification at one plebiscite only. 7he people have to be given a Bproperframe of reference in arriving at theirdecision.,. Eudicial %eview of Amendments issueis whether or not the constitutionalprovisions had been followed.

/. 7he Power of Eudicial %eview#. Eudicial %eview power of the courts totest the validity of e(ecutive and legislativeacts in light of their conformity with theConstitution. Power is inherent in the Constitution. Section #4 Article >** of theConstitution? Eudicial power includes theduty of the courts of 5ustice to settle actualcontroversies involving rights which arelegally demandable and enforceable4 and todetermine whether or not there has been agrave abuse of discretion amounting to lac;or e(cess of 5urisdiction on the part of anybranch or instrumentality of =overnment.&. 8ho may e(ercise Power of the SC to decide constitutional@uestions.

Constitutional appellate 5urisdiction ofthe SC and implicitly recognizes theauthority of lower courts to decide @uestionsinvolving the constitutionality of laws4treaties4 agreements4 etc.

Notice to Sol=en is mandatory to enablehim to decide whether or not hisintervention in the action is necessary.$. 'unctions of Eudicial %eview9#: Chec;ing9&: Legitimizing9$: Symbolic,. %e@uisites9#: Actual case or controversy9&: Constitutional @uestion must be raisedby the proper party

A partyKs standing in court is aprocedural technicality which may be setaside by the Court in view of the importanceof the issues involved) paramount publicinterest!transcendental importance BPresent substantial interest suchinterest of a party in the sub5ect matter of theaction as will entitle him under substantivelaw4 to recover of the evidence is sufficient4or that he has a legal title to defend and thedefendant will be protected in payment to orrecovery from him. A ta(payer4 or group of ta(payers4 is aproper party to @uestion the validity of a lawappropriating public funds. & %e@uisites for 7a(payerKs Suit?9#: Public funds are disbursed by a politicalsubdivision or instrumentality9&: A law is violated or irregularity iscommitted9$: Petitioner is directly affected by the ultravires act 7he =overnment is a proper party to@uestion the validity of its own laws4because more than any one4 it should beconcerned with the constitutionality of itsacts

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7he established rule is that a party can

@uestion the validity of a statute only if4 asapplied to him4 it is unconstitutional. /(ception? 'acial Challenge4 when it

operates in the area of freedom of

e(pression. -verbreadth "octrine? permits a party to

challenge the validity of a statute eventhough4 as applied to him4 it is notunconstitutional4 but it might be if applied toother not before the Court whose activitiesare constitutionally protected. *nvalidation of the statute Bon its face4

rather than Bas applied is permitted in theinterest of preventing a Bchilling effect onfreedom of e(pression.

'acial challenge is the most difficultchallenge because the challenge mustestablish that no set of circumstances e(istsunder which the act would be valid. 7he constitutional @uestion must beraised at the earliest possible opportunity 7he decision on the constitutional@uestion must be determinative of the caseitself. ars 5udicial in@uiry into a constitutional@uestion unless the resolution is

indispensable to the determination of thecase. /very law has in its favor thepresumption of constitutionality4 and to5ustify its nullification4 there must be a clearand une@uivocal breach of the Constitution.

. /ffects of "eclaration of6nconstitutionality -rthodo( >iew? unconstitutional act isnot a law4 it confers no rights and imposes

no duties) it affords no protection4 creates nooffice) it is inoperative as if it had not beenpassed at all. +odern >iew? certain legal effects of thestatute prior to its declaration ofunconstitutionality may be recognized.3. Partial 6nconstitutionality

Legislature must be willing to retain thevalid portionsseparability clause

>alid portion can stand independently aslaw

III. THE PHILIPPINES AS A STATEState? a community of persons4 more or lessnumerous4 permanently occupying a definiteportion of territory4 independent of e(ternalcontrol and possessing a government towhich a great body of inhabitants renderhabitual obedience.

State is a legal or 5uristic concept) nation isan ethnic or racial concept.=overnment is an instrumentality of the

State through which the will of the State isimplemented and realized.

/lements?9#: People9&: 7erritory

Components?#: 7errestrial&: 'luvial$: +aritime,: Aerial

9$: =overnment9,: Sovereignty

Archipelago "octrine? the waters around4between and connecting the islands of thearchipelago4 regardless of their breadth anddimensions4 form part of the internal watersof the Philippines.

Straight aseline +ethod? *maginarystraight lines are drawn 5oining the

outermost points of outermost islands of thearchipelago4 enclosing an area the ratio ofwhich should not be more than 0?#) providedthat the drawing of the baselines shall notdepart4 to any appreciable e(tent4 from thegeneral configuration of the archipelago.

'unctions of the =overnment?

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9#: Constituent mandatory for the=overnment to perform because theyconstitute the very bonds of society9&: +inistrant intended to promote thewelfare4 progress and prosperity of the

people and which are merely optional for=overnment to perform

"octrine of Parens Patriae? parents of thepeople) the =overnment may act as guardianof the rights of the people who may bedisadvantaged or suffering from somedisability or misfortune.

Classification9#: "e 5ure

"e facto inds#: 7a;es possession or control of4 orusurps4 by force or by the voice of thema5ority4 the rightful legal government andmaintains itself against the will of the latter)&: /stablished by the inhabitants of aterritory who rise in insurrection against theparent state) and$: /stablished by invading forces of anenemy who occupy a territory in the courseof war 9de facto government of paramountforce:.9&: Presidential separation of e(ecutiveand legislative powers

Parliamentary fusion of both e(ecutiveand legislative in Parliament) actual

e(ercise of e(ecutive powers is vested ina Prime +inister who is chosen by4 and

accountable to the Parliament9$: 6nitary

'ederal

Sovereignty? supreme and uncontrollablepower inherent in a State by which that Stateis governed

inds?#: Legal power to issue final commands

Political sum total of all the influenceswhich lie behind the law

&: *nternal supreme power overeverything within the territory /(ternal!*ndependence freedom frome(ternal control

Characteristics?#: Permanence&: /(clusiveness$: Comprehensiveness,: Absoluteness: *ndivisibility3: *nalienability1: *mprescriptibility

/ffects of Change in Sovereignty?Political laws are abrogated) municipal laws

remain in force

/ffects of elligerent -ccupation? Nochange in sovereignty. Political laws4 e(cept the law on treason4

are suspended) +unicipal laws remain in force unless

repealed by belligerent occupant) At the end of belligerent occupation4

political laws shall automatically becomeeffective again 9doctrine of 5us

postliminium:

"ominium capacity to ac@uire or ownproperty

*mperium authority possessed by theState embraced in the concept of

sovereignty

Eurisdiction7erritorial? power of the State over

persons and things within its territory.

/(emption?9#: 'oreign states4 head of states4 diplomaticrepresentatives and consuls to a certaindegree)9&: 'oreign state property4 includingembassies4 consulates and public vesselsengaged in noncommercial activities)9$: Acts of state


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9,: 'oreign merchant vessels e(ercising therights of innocent passage or involuntaryentry such as arrival under stress9: 'oreign armies passing through orstationed in its territory with its permission)

and93: -ther persons or property4 includingorganizations li;e the 6N4 over which itmay4 by agreement4 waive 5urisdiction.

Personal? power of the State over itsnationals4 which may be e(ercised by theState even of the individual is outside theterritory of the State.

/(traterritorial? power e(ercised by

the State beyond its territory4e(ample?9#: Assertion of its personal 5urisdictionover its nationals abroad or the e(ercise ofits right to punish offenses committedoutside its territory against its nationalinterests even if the offenders are nonresident aliens)9&: y virtue of its relations with otherstates!territories 9as when it establishes acolonial protectorate or a condominium oradministers a trust territory or occupiesenemy territory in the course of war:)9$: Local state waives 5urisdiction overpersons and things within its territory)9,: Principle of e(traterritoriality9: /n5oyment of easements or servitudes9easement of innocent passage or arrivalunder stress:93: /(ercise of 5urisdiction by the state inthe high seas over its vessels4 over pirates4 inthe e(ercise of the right to visit and search4and under doctrine or hot pursuit)91: /(ercise of limited 5urisdiction over thecontiguous zone and the patrimonial sea4 toprevent infringement of its customs4 fiscal4immigration or sanitary regulations.

State *mmunity from Suit? 7he State cannotbe sued without its consent.

%oyal Prerogative of "ishonesty? 7here

can be no legal right against the authoritywhich ma;es the law on which the rightdepends. *t may be sued if its gives consent. Par in parem non habet imperium?

*mmunity is en5oyed by other States. 7heDead of the State4 who is deemed thepersonification of the State4 is inviolable anden5oys immunity.

7est to "etermine if Suit is Against the State 8hether it re@uires an affirmative act

from the state.

Suit against =overnment Agencies#. *ncorporated if the charter provides

that the agency can sue and be sued4 thensuit will lie4 including one for tort. 7heprovision in the charter constitutes e(pressconsent on the part of the State to be sued. +unicipal corporations4 agencies of the

state when they are engaged ingovernmental functions and should en5oysovereign immunity from suit. 7hey aresub5ect to suit even in the performance ofsuch functions because their respectivecharters provide that they can sue and be

sued. 9Section && L=C:&. 6nincorporated in@uire into theprincipal functions *f governmental? no suit without consent

*f proprietary? suit will lie4 because when

the State engages in principally proprietaryfunctions4 then it descends to the level of aprivate individual4 and may therefore bevulnerable to suit.

Suit Against Public -fficers? 7he doctrine of

state immunity also applies to complaintsfiled against officials of the State for actsperformed by them in the discharge of theirduties within the scope of their authority.

/(ceptions? 9may be sued without priorconsent from State:#. to compel him to do an act re@uired bylaw)

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&. to restrain him from enforcing an actclaimed to be unconstitutional)$. to compel the payment of damages froman already appropriated assurance fund or torefund ta( overpayments from a fund

already available for the purpose),. to secure a 5udgment that the officerimpleaded may satisfy by himself withoutthe State having to do a positive act to assisthim). where government itself has violated itsown laws4 because the doctrine of stateimmunity Bcannot be used to perpetrate anin5ustice

8here a public officer has committed an

ultra vires act4 or there is a showing of badfaith4 malice or gross negligence4 then theofficer can be held personally accountable.

*n order that suit may lie against the state4there must be consent. 8here no consent isshown4 state immunity from suit may beinvo;ed as a defense by the courts suasponte at any stage of the proceedings.

/(press consent? general law or speciallaw

*mplied consent#. state commences a litigation&. state enters into a business contract

Scope of consent? consent to be sued doesnot include consent to the e(ecution of5udgment against it. Such e(ecution willre@uire another waiver.

Suability is not e@uated with outrightliability. Liability will have to be determinedby the court on the basis of the evidence andthe applicable law.

I*. +UN,A-ENTAL POERS O+ THESTATE*nherent powers of the State#. Police Power&. /minent "omain

$. Power of 7a(ation

Similarities#. inherent in the state4 without need ofe(press constitutional grant

&. necessary and indispensable$. methods by which the state interfereswith private property,. presupposes e@uivalent compensation. e(ercised primarily by legislature

"istinctions#. Police power regulates liberty andproperty

/minent domain and ta(ation affectsonly property rights

&. Police power and ta(ation are e(ercisedonly by government/minent domain may be e(ercised by

private entities$. Property ta;en in police power is usuallyno(ious or intended for no(ious purposesand may be destroyed

*n eminent domain and ta(ation4 theproperty is wholesome and devoted to public

use!purpose.,. Compensation in police power is theintangible4 altruistic feeling that theindividual has contributed to the publicgood)

*n eminent domain4 it is the full and faire@uivalent of the property ta;en)

*n ta(ation4 it is the protection givenand!or public improvements instituted by

government for ta(es paid.

Limitations#. ill of %ights&. Courts may annul improvident e(erciseof police power

Police Power Power of promoting public welfare by

restraining and regulating the use of libertyand property.

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+ost pervasive4 least limitable and most

demanding of the three powers. Eustification? salus populi est suprema

le( and sic utere tuo ut alienum non laedas

8ho may e(erciseM *nherently vested in Legislature

Congress may validly delegate this

power to the President4 administrativebodies and to lawma;ing bodies of L=6s. L=6s e(ercise this power under the

general welfare clause

Limitations 9test for valid e(ercise: Lawful sub5ect? interest of the public)

activity or property sought to be regulated

affects the general welfare) if it does thenthe en5oyment of the rights flowingtherefrom may have to yield to the interestof the greater number. Lawful means? means employed are

reasonably necessary for theaccomplishment of the purpose and notunduly oppressive on individuals. /(press grant by law

8ithin territorial limits 9for L=6s

e(cept when e(ercised to protect water

supply: +ust not be contrary to law

'or +unicipal -rdinances to be >alid?9#: +ust not contravene the Constitution orthe statute9&: +ust not be unfair or oppressive9$: +ust not be partial or discriminatory9,: +ust not prohibit but may regulate trade9: +ust not be unreasonable93: +ust be general in application and

consistent with public policy

Power of /minent "omain 9Power of/(propriation:

Eurisdiction %7C

8ho may e(ercise the power Congress

y delegation4 the President4

administrative bodies4 L=6s and evenprivate enterprises performing public

services

%e@uisites9#: Necessity9&: Private Property4 e(cept money andchoses in action9$: 7a;ing in the constitutional sense9,: Public use9: Eust Compensation full and faire@uivalent of the property ta;en) fair mar;etvalue of the property

Eudicial Prerogative Ascertainment of what constitutes 5ust

compensation for property ta;en in eminentdomain cases is a 5udicial prerogative.

'orm of Compensation Paid in money and no other form.

*n agrarian reform4 payment is allowed

to be made partly in bonds because underthe CA%P4 Bwe do not deal with the

traditional e(ercise of the power of eminentdomain) we deal with a revolutionary ;indof e(propriation.

%ec;oning point of mar;et value of theproperty "ate of the ta;ing or the filing of the

complaint4 whichever comes first.

Principal criterion in determining 5ustcompensation

Character of the land at the time of theta;ing

/ntitlement of owner to interest 8hen there is delay in the payment of

5ust compensation4 the owner is entitled topayment of interest if claimed) otherwise4interest is deemed waived)

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*nterest is 3H per annum4 prescribed in

Article &&J0 of the CC4 N-7 #&H perannum under Central an; Circular No.,#34 latter applies to loans or forbearancesof money4 goods or credits or 5udgments

involving such loans or forbearance ofmoney4 goods or credits. 7he ;ind of interesthere is by way of damages. *n some e(propriation cases4 the court

imposes #&H damages for delay in

payment which4 in effect4 ma;es theobligation on the part of government one offorbearance.

8ho else may be entitled to 5ustcompensation

-wner 7hose who have lawful interest

7itle to the property "oes not pass until after payment

%ight of landowner in case of nonpayment of 5ust compensation "oes not entitle to recover possession of

the e(propriated lots -nly to demand payment of the '+> of

the property

"ue process of law "efendant must be given an opportunity

to be heard

8rit of Possession4 ministerial upon?9#: 'iling of complaint for e(propriationsufficient in form and substance9&: 6pon deposit by the government of theamount e@uivalent to #H of the '+> of

the property per current ta( declaration

7he plaintiffKs right to dismiss thecomplaint has always been sub5ect to Court

approval and to certain conditions4because the landowner may have already

suffered damages at the start of theta;ing.

%ight to repurchase or reac@uire theproperty Property ownerKs right to repurchase the

property depends upon the character of the

title ac@uired by the e(propriator? if land ise(propriated for a particular purpose withthe condition that when that purpose isended or abandoned4 the property shallrevert to the former owner4 the former ownercan reac@uire the property.

Lands for socialized housing are to beac@uired in the following order?9#: =overnment lands9&: Alienable lands of the public domain

9$: 6nregistered4 abandoned or idle lands)9,: Lands within the declared Areas forPriority "evelopment4 onal *mprovementProgram sites4 Slum *mprovement and%esettlement sites which have not yet beenac@uired)9: L*SS sites which have not yet beenac@uired) and93: Privately owned lands

7he mode of e(propriation is sub5ect to &

conditions?9#: %esorted to only when the other modesof ac@uisition have been e(hausted9&: Parcels owned by small property ownersare e(empt from such ac@uisition

Small property owners?9#: -wners of residential lots not more than$JJ s@. m. in highly urbanized cities and notmore than 2JJ s@. m. in other urban areas9&: 7hey do not own residential propertyother than the same

Power of 7a(ation

8ho may e(ercise Legislature

Local legislative bodies

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7o a limited e(tent4 the President4 when

granted delegated tariff powers

Limitations on the e(ercise "ue process of law4 must not be

confiscatory /@ual protection clause4 must be uniform

and e@uitable Public purpose

"ouble ta(ation Additional ta(es are laid on the same

sub5ect by the same ta(ing 5urisdictionduring the same ta(ing period and for thesame purpose.

7a( /(emptions No law granting ta( e(emption shall be

passed without the concurrence of a ma5orityof all the +embers of Congress. Charitable institutions4 churches and

parsonages or convents appurtenant thereto4mos@ues4 nonprofit cemeteries4 and alllands4 buildings and improvements actually4directly and e(clusively used for religious4charitable or educational purposes

e(empt

%evenues and assets of nonstoc;4 nonprofit educational institutions used actually4directly and e(clusively for educationalpurposes e(empt

Proprietary educational institutions

may be e(empt sub5ect to limitationsprovided by law =rants4 endowments4 donations4 or

contributions used actually4 directly4 ande(clusively for educational purposes

e(empt

Police Power vs. 7a(ation License fee v. 7a( license fee is a

police measure) ta( is revenue measure Amount collected for a license fee is

limited to the cost of permit and reasonablepolice regulation 9e(cept when the license

fee is imposed on a nonuseful occupation:)amount of ta( may be unlimited provided itis not confiscatory License fee is paid for the privilege of

doing something and may be revo;ed when

public interest so re@uires) ta( is imposed onpersons or property for revenue

inds of license fee9#: 'or useful occupation!enterprises9&: Nonuseful occupation!enterprises 9whenused to discourage4 it may be a bite(orbitant:

*. PRINCIPLES AN, STATE POLICES

Preamble "oes not confer rights nor impose duties

*ndicates authorship of the Constitution

/numerates the primary aims and

aspirations of the framers Serves as an aid in the construction of

the Constitution

%epublicanism 7he Philippines is a democratic and

republican state. Sovereignty resides in the

people and all government authorityemanates from them. /ssential features

9#: %epresentation9&: %enovation +anifestations

9#: =overnment of law and not of men9&: %ule of ma5ority9$: Accountability of public officials9,: ill of rights9: Legislature cannot pass irrepealable laws

93: Separation of powers

Purpose 7o prevent concentration of authority in

one person or group of persons that mightlead to an irreversible error or abuse in itse(ercise to the detriment of republicaninstitutions.

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Principle of lending of Powers *nstances when powers are not confined

e(clusively within one department but areassigned to or shared by several

departments.

Principle of Chec;s and alances 7his allows one department to resist

encroachments upon its prerogatives or torectify mista;es or e(cesses committed bythe other departments.

"octrine of Necessary *mplication Absence of e(press conferment4 the

e(ercise of the power may be 5ustified under

this doctrine4 that the grant of an e(presspower carries with it all other powers thatmay be reasonably inferred from it.

A purely 5usticiable @uestion implies a givenright4 legally demandable and enforceable4an act or omission violative of such right4and a remedy granted and sanctioned by lawfor said breach of right.

Political @uestion is a @uestion of policy. *t

refers to those @uestions which4 under theConstitution4 are to be decided by the peoplein their sovereign capacity4 or in regard towhich full discretionary authority has beendelegated to the legislative or e(ecutivebranch of government. *t is concerned withissues dependent upon wisdom4 not legalityof particular measure.

"elegation of powers Potestas delegate non potest delegare

"elegated power constitutes not only a

right but a duty to be performed by thedelegate through the instrumentality of hisown 5udgment and not through theintervening mind of another. Permissible delegation

9#: 7ariff powers to the president

9&: /mergency powers to the president 9intimes of war or national emergency:9$: "elegation to the people specificprovisions where the people have reservedto themselves the function of legislation

%eferendum? power of the electorate toapprove or re5ect legislation through anelection called for the purpose) referendumon statutes and referendum on local law Plebiscite? electoral process by which an

initiative on the Constitution is approved orre5ected by the people.9,: "elegation to L=6s9: "elegation to Administrative odies power of subordinate legislation 7ests for valid delegation

9#: Completeness test? the law must becomplete in all its essential terms andconditions when it leaves the legislature sothat there will be nothing left for thedelegate to do when it reaches him e(cept toenforce it.9&: Sufficient standard test? intended to mapout the boundaries of the delegatesKauthority by defining the legislative policyand indicting the circumstances under whichit is up be pursued and effected) the

standards usually indicated in the lawdelegating legislative power.

7he *ncorporation Clause 7he Philippines renounces war as an

instrument of national policy4 adopts thegenerally accepted principles ofinternational law as part of the law of theland4 and adheres to the police of peace4e@uality4 5ustice4 freedom4 cooperation andamity with all nations.

*ndependent foreign policy and nuclearfree Philippines /(piration of ases Agreement

%enunciation of 8ar

9#: Covenant of the League of Nations9&: elloggriad Pact of #0&29$: Charter of the 6nited Nations

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"octrine of *ncorporation our courts

have applied the rules of international law ina number of cases even of such rules had notpreviously been sub5ect of statutoryenactments4 because these generally

accepted principles of international law areautomatically part of our own laws.

Civilian Supremacy Civilian authority is4 at all times

supreme over the military. 7he A'P is theprotector of the people and the State. *ts goalis to secure the sovereignty pf the State andintegrity of the national territory.

"uty of =overnment) people to defend the

State 7he prime duty of the =overnment is to

serve and protect the people. 7he =overnment may call upon the

people to defend the State and4 in thefulfillment thereof4 all citizens may bere@uired4 under conditions provided by law4to render personal military or civil service. 7he maintenance of peace and order4 the

protection of life4 liberty and property4 andthe promotion of the general welfare are

essential for the en5oyment by all the peopleof the blessings of democracy.

%ight to ear Arms? statutory4 notconstitutional right.

Separation of Church and State 'reedom of religion clause

%eligious sect cannot be registered as

political party No sectoral representative from the

religious sector Prohibition against appropriation for

sectarian benefit

/(ceptions9#: Section &29$:4 Article 3? /(emption fromta(ation

9&: Section &09&:4 Article 3? Prohibitionagainst sectarian benefit4 e(cept when priestis assigned to the armed forces or to anypenal institution or government orphanageor leprosarium

9$: Section $9$:4 Article #,? -ptionalreligious instruction for public elementaryand high school studies9,: Section ,9&:4 Article #,? 'ilipinoownership re@uirement to educationalinstitutions4 e(cept those established bygroups and mission boards

*ndependent 'oreign Policy and Nuclearfree Philippines State shall pursue an independent

foreign policy. *n relations with other states4the paramount consideration shall benational sovereignty4 territorial integrity4national interest and the right to selfdetermination. 7he Philippines consistent with the

national interest4 adopts and pursues a policyof freedom from nuclear weapons in itsterritory.

Eust and dynamic social order

State shall promote a 5ust and dynamicsocial order that will ensure prosperity andindependence of the nation and free thepeople from poverty through policies thatprovide ade@uate social services4 promotefull employment4 a rising standard of livingand an improved @uality of life for all.

Promotion of Social Eustice Promote social 5ustice in all phases of

national development

%espect for human dignity and human rights State values the dignity of every human

person and guarantees full respect for humanrights.

'amily and Oouth

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7he State recognizes the sanctity of

family life and shall protect and strengthenthe family as a basic autonomous socialinstitution. *t shall e@ually protect the life ofthe mother and the life of the unborn from

conception. 7he natural and primary rightand duty of parents in the rearing of theyouth for civic efficiency and thedevelopment of moral character shallreceive support of the =overnment. 7he State recognizes the vital role of the

youth in nationbuilding and shall promoteand protect their physical4 moral4 spiritual4intellectual and social wellbeing. *t shallinculcate in the youth patriotism andnationalism4 and encourage their

involvement in public and civic affairs.

'undamental e@uality of men and women State recognizes the role of women in

nationbuilding and shall ensure thefundamental e@uality before the law of menand women.

Promotion of health and ecology State shall protect and promote the right

to health of the people and instill health

consciousness among them. 7he State shall protect and advance the

right of the people to a balanced andhealthful ecology in accord with the rhythmand harmony of nature.

Priority to education4 science4 technology4etc. State shall give priority to education4

science and technology4 arts4 culture andsports4 to foster patriotism and nationalism4

accelerate social progress4 and promote totalhuman liberation and development.

Protection to Labor State affirms labor as a primary social

economic force. *t shall protect the rights orwor;ers and promote their welfare.

Selfreliant and independent economic order State shall develop a selfreliant and

independent national economy effectivelycontrolled by 'ilipinos. 7he State recognizes the indispensable

role of the private sector4 encourages privateenterprise4 and provide incentives to neededinvestments.

Land reform State shall promote comprehensive rural

development and agrarian reform.

*ndigenous cultural communities State recognizes and promotes the rights

of indigenous cultural communities within

the framewor; of national unity anddevelopment.

*ndependent peopleKs organizations State shall encourage nongovernmental4

communitybased4 or sectoral organizationsthat promote the welfare of the nation.

Communication and information in nationbuilding State recognizes the vital role of

communication and information in nationbuilding.

Autonomy of local governments State shall ensure the autonomy of local

governments. "ecentralization and does not ma;e the

local governments sovereign within theState or an imperium in imperio. "ecentralization of administration?

delegation of administrative powers to the

L=6 in order to broaden the base ofgovernmental powers. "ecentralization of power? abdication by

the national government of governmentalpowers.

/@ual access of opportunities for publicservice

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State shall guarantee e@ual access of

opportunities for public service and prohibitpolitical dynasties as may be defined by law.

Donest public service and full public

disclosure State shall maintain honesty and

integrity in the public service and ta;epositive and effective measures against graftand corruption. State adopts and implements a policy of

full public disclosure of all its transactionsinvolving public interest.

*I. /ILL O+ RIGHTS

"efinition Set of prescriptions setting forth the

fundamental civil and political rights of theindividual4 and imposing limitations on thepowers of government. =enerally4 any government action in

violation of the ill of %ights is void. =enerally selfe(ecuting.

Civil %ights %ight that belong to every citizen of the

state or country and are not connected withthe organization or administration ofgovernment.

Political %ights %ight to participate4 directly or

indirectly4 in the establishment oradministration of government.

"ue Process of Law? No person shall bedeprived of life4 liberty or property without

due process of law"efinition

A law which hears before it condemns4

which proceeds upon in@uiry and renders5udgment only after trial.

8ho are protected 6niversal in application to all persons

Artificial persons are covered by the

protection only insofar as their property isconcerned =uarantee e(tends to aliens and includes

the means of livelihood

+eaning of life4 liberty and property Life? right of an individual to his body in

its completeness4 free from dismembermentand e(tends to the use of =odgivenfaculties which ma;es life en5oyable Liberty? the right to e(ist and the right to

be free from arbitrary personal restraint orservitude) includes the right to be free to usehis faculties in all lawful ways Property? anything that can come under

the right of ownership and can be sub5ect ofcontract) the right to secure4 use and disposethem.

Aspects of due process#. Substantive restriction ongovernmentKs law and rulema;ing powers %e@uisites?

#. interest of the public&. means employed are reasonablynecessary for the accomplishment of the

purpose and not unduly oppressive onindividuals&. Procedural restriction on actions of5udicial and @uasi5udicial agencies ofgovernment %e@uisites?

#. impartial court or tribunal clothed with5udicial power to hear and determine thematter before it&. 5urisdiction must be lawfully ac@uiredover the person of the defendant and over

the property which is the sub5ect matter ofthe proceeding$. the defendant must be given anopportunity to be heard,. 5udgment must be rendered upon lawfulhearing

Publication as part of due process

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Publication is imperative to the validity

of laws4 P"s and /os4 administrative rulesand regulation and is an indispensable partof due process.

Appeal and due process Appeal is not a natural right nor is it part

of due process) it may be allowed or deniedby legislature in its discretion. ut where the Constitution gives a

person the right to appeal4 denial of suchconstitutes a violation of due process.

Preliminary investigation and dueprocess %ight to preliminary investigation is not

a constitutional right4 but it is merely a rightconferred by statute. ut where there is a statutory grant of

the right to preliminary investigation4 denialof such constitutes a violation of dueprocess.

Administrative due process %e@uisites

9#: %ight to a hearing4 includes the right topresent oneKs case and submit evidence in

support thereof)9&: 7ribunal must consider the evidencepresented)9$: "ecision must have something tosupport itself)9,: /vidence must be substantial)9: "ecision must be rendered on theevidence presented or at least contained inthe records and disclosed to the parties)93: 7ribunal or any of its 5udges must act onits own or his own independent

consideration of the facts and the law of thecontroversy4 and not simply accept the viewsof a subordinate in arriving at a decision)and91: 7he board or body should4 in allcontroversial @uestions4 render its decisionin such a manner that the parties to the

proceeding will ;now the various issuesinvolved4 and the reason for the decision.

/@ual Protection of the Laws+eaning

All persons or things similarly situated

should be treated ali;e4 both as to rightsconferred and responsibilities imposed. Natural and 5uridical persons are entitled

to this guarantee. 8ith respect to 5uridical persons4 they

en5oy the protection only insofar as theirproperty is concerned.

Scope of /@uality /conomic

9#: 'ree access to courts9&: +arine wealth reserved for 'ilipinocitizens9$: %eduction of social4 economic andpolitical ine@ualities Political

9#: 'ree access to courts9&: ona fide candidates being free fromharassment!discrimination9$: %eduction of social4 economic andpolitical ine@ualities

Social

>alid Classification9#: Substantial distinctions9&: =ermane to the purpose of the law9$: Not limited to e(isting conditions only9,: +ust apply e@ually to all members of thesame class

Searches and SeizuresScope

Available to all persons4 includingaliens4 whether accused of a crime or not. Artificial persons are also entitled to the

guarantee4 although they may be re@uired toopen their boo;s of accounts fore(amination by the State in the e(ercise ofpolice and ta(ing powers. %ight is personal

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-b5ection must be raised before theaccused enters his plea

Procedural %ules

#. warrantless arrest is not a 5urisdictionaldefect and any ob5ection thereto is waivedwhen the person arrested submits toarraignment without any ob5ection)&. where a criminal case is pending4 theCourt wherein it is filed4 or the assignedbranch4 has primary 5urisdiction to issue thesearch warrant)$. where no criminal case has been filed4the e(ecutive 5udges or their lawfulsubstitutes4 in the areas and for the offense

contemplated shall have primary5urisdiction),. moment the information is filed with the%7C4 it is that court which must issue thewarrant of arrest). the 5udge may order the @uashal of awarrant he issued even after the same hadalready been implemented4 particularlywhen such @uashal is based on the findingthat there is no offense committed items

seized shall be inadmissible in evidence

-nly a 5udge may issue a warrant /(ception? order of arrest may be issued

by administrative authorities but only for thepurpose of carrying out a final finding of aviolation of law4 e.g. an order of deportationor an order of contempt but not for the solepurpose of investigation or prosecution.

%e@uisites for a >alid 8arrant9#: Probable cause

9&: "etermination of probable causepersonally by the 5udge9$: After e(amination under oath oraffirmation of the complainant and thewitnesses he may produce9,: Particularity of description

7he 5udge shall

9#: Personally evaluate the report and thesupporting documents submitted by thefiscal regarding the e(istence of probablecause and4 on the basis thereof4 issue awarrant of arrest) or

9&: *f on the basis thereof4 he finds noprobable cause4 he may disregard theprosecutorKs report band re@uire thesubmission of supporting affidavits ofwitnesses.

Principles?9#: 7he determination of probable cause is afunction of the 5udge9&: 7he preliminary in@uiry made by theprosecutor does not bind the 5udge4 as it is

the report4 affidavits4 the transcript ofstenographic notes and all other supportingdocuments behind the prosecutorKscertification which are material in assistingthe 5udge in his determination of probablecause9$: Eudges and prosecutors shoulddistinguish the preliminary in@uiry whichdetermines probable cause for the issuanceof the warrant of arrest from the preliminaryinvestigation proper which ascertainswhether the offender should be held for trialor be released9,: -nly a 5udge may issue a warrant ofarrest

Eudge himself conducts the preliminaryinvestigation4 for him to issue a warrant ofarrest4 the investigating 5udge must?9#: Dave e(amined4 under oath4 thecomplainant and the witnesses)9&: e satisfied that there is probable cause)and9$: 7hat there is a need to place therespondent under immediate custody inorder not to frustrate the ends of 5ustice

Particularity of "escription?

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9#: %eadily identify the properties to beseized and thus prevent them from seizingthe wrong items) and9&: Leave peace officers with no discretionregarding the articles to be seized and thus

prevent unreasonable searches and seizures.

8arrant of Arrest particularly describe

the person to be seized if it contains thename!s of the person!s to be seized.Eohn "oe warrant descriptio persona

Search 8arrant description is as speciic

as t&e circ%mstances !i$$ ordinari$) a$$o!

or when description e(presses a conclusionof fact 9not of law: by which the warrant

officer may be guided in ma;ing the search)or when the things described are limited tothose which bear direct relation to theoffense for which the warrant is beingissued.

Properties Sub5ect of Seizure?9#: Sub5ect of the offense9&: Stolen or embezzled property and otherproceeds or fruits of the offense) and9$: Property used or intended to be used as

means for the commission of an offense

Conduct of the Search9#: Lawful occupant9&: Any member of his family9$: & witnesses4 of sufficient age anddiscretion4 residing in the same locality

8arrantless arrests by a peace officer or aprivate person?9#: 8hen the person to be arrested has

committed4 is actually committing or isattempting to commit an offense in hispresence)9&: 8hen the offense had 5ust beencommitted and there is probable cause tobelieve4 based on his personal ;nowledge offacts and of other circumstances4 that the

person to be arrested has committed theoffense)9$: 8hen the person to be arrested is aprisoner who has escaped from a penalestablishment or place where he is serving

final 5udgment or temporarily confinedwhile his case is pending4 or has escapedwhile being transferred from oneconfinement to another) and9,: 8hen the right is voluntarily waived.

uybust operation is a valid in flagrantearrest.

*n flagrante arrests?9#: 7he person to be arrested must e(ecute

an overt act indicating that he had 5ustcommitted4 is actually committing4 or isattempting to commit a crime) and9&: Such overt act is done in the presence orwithin the view of the arresting officer.

*n 9&:?9#: there must be immediacy between thetime the offense is committed and the timeof the arrest. *f there was an appreciablelapse of time between the arrest and thecommission of the crime4 a warrant of arrestmust be secured and9&: the person ma;ing the arrest haspersonal ;nowledge of certain factsindicating that the person to be ta;en intocustody has committed the crime.


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>alid 8aiver of Constitutional %ight9#: %ight e(ists9&: 7hat the person involved had;nowledge4 either actual or constructive ofthe e(istence of such right) and9$: 7hat the person had an actual intentionto relin@uish the right.

Searches of Passengers at Airports 8hen the accused chec;ed in hisluggage as a passenger of a plane4 he agreedto the inspection of his luggage inaccordance with customs laws andregulations4 and thus waived any ob5ectionto a warrantless search. Search made pursuant to routine airportsecurity is allowed under %A 3&$4 whichprovides that every airline tic;et shall

contain a condition that handcarriedluggage4 etc.4 shall be sub5ect to search4 andthis condition shall form part of the contractbetween the passenger and the air carrier.

Stop and 'ris; >ernacular designation of the right of apolice officer to stop a citizen on the street4

interrogate him and pat him for weaponswhenever he observes unusual conductwhich leads him to conclude that criminalactivity may be afoot. %e@uisites?

#. police officer should properly introducehimself and ma;e initial in@uiries&. approach and restrain a person whomanifests unusual and suspicious conduct inorder to chec; the latterKs outer clothing forpossible concealed weapon$. must have a genuine reason4 inaccordance with e(perience and thesurrounding conditions4 to warrant the beliefthat the person to be held has weapons orcontraband concealed about him

,. search and seizure should precede thearrest/(ception? People vs. Sucro

warrantless search and seizure can be madewithout necessarily being preceded by

an arrest provided that the said searchis effected on the basis of probable cause. People vs. Chua Do San?contemporaneous search of a person arrestedmay be effected for dangerous weapons orproofs or implements used in thecommission of the crime and which searchmay e(tend to the area within his immediatecontrol where he might gain possession of aweapon or evidence he can destroy4 a validarrest must preceded a search.

8here the search 9and seizure: is an incidentto a lawful arrest) Search must be contemporaneous toarrest and made within a permissible area ofsearch. %e@uisites?#. arresting officer must have probablecause in effecting the arrest) and&. probable cause must be based onreasonable ground of suspicion or belief thata crime has been committed or is about to becommitted.

8arrantless Searches9#: 8hen the right is voluntarily waived)9&: 8hen there is a valid reason to Bstopandfris;)9$: 8here the search 9and seizure: is an

incident to a lawful arrest)9,: Search of vessels and aircrafts)9: Search of moving vehicles)93: *nspection of buildings and otherpremises for the enforcement of fire4sanitary and building regulations)91: 8here prohibited articles are in plainview)92: Search and seizure under e(igent andemergency circumstances) and90: Conduct of areal target zoning or

saturation drive!s as valid e(ercise ofmilitary powers of the President 9=uanzonvs. de >illa:

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Permissible area of search may e(tend beyond the person of the onearrested to include the premises orsurroundings under his immediate control.

Seizure of allegedly pornographic material9#: criminal charge must be brought againstthe person!s for purveying the pornographicmaterial!s)9&: application for a search and seizurewarrant obtained from a 5udge 9who shalldetermine the e(istence of probable cause:)9$: material confiscated brought to the courtin the prosecution of the accused for thecrime charged)9,: court will determine whether the

confiscated items are really pornographic)and9: 5udgment of ac@uittal or convictionrendered by the court accordingly

'ishing vessel found to be violating fisherylaws may be seized without a warrant?9#: usually e@uipped with powerful motorsthat enable them to elude pursuit and9&: seizure would be incident to a lawfularrest

Search of moving vehicles 5ustified on the ground that it is notpracticable to secure a warrant because thevehicle can be moved @uic;ly out of thelocality or 5urisdiction in which the warrantmay be sought. Prevent violations of smuggling orimmigration laws4 provided that suchsearches are made at borders or constructiveborders 9e.g. chec;points near the boundarylines of the state:.

BStop and search without a warrant at amilitary or police chec;points Not illegal per se so long as it is re@uiredby the e(igencies of public order andconducted in a way least intrusive tomotorists. 9>almonte vs. de >illa:

Chec;point Search9#: +ere routine inspection? the search isnormally permissible when it is limited to amere visual search4 where the occupants are

not sub5ected to a physical or body search.9&: /(tensive search? constitutionallypermissible if the officers conducting thesearch had reasonable or probable cause tobelieve4 before the search4 that either themotorist is a law offender or they will findthe instrumentality or evidence pertaining toa crime in the vehicle to be searched.

*nspection of buildings and other premisesfor the enforcement of fire4 sanitary and

building regulations /(ercise of police power of the State +ust be conducted during reasonablehours

Prohibited articles are in plain view -b5ects in plain view of the officer whohas the right to be in the position to havethat view. Police officer is not searching butinadvertently comes upon an incriminatingob5ect. %e@uisites?9#: Prior #a$id intr%sionbased on a validwarrantless arrest in which the police arelegally present in the pursuit of their officialduties)9&: /vidence was inad#ertent$) disco#ered

by the police who have the right to be wherethey are)9$: /vidence must be immediate$)apparent) and9,: BP$ain #ie! 5ustified the seizure of theevidence without any further search.

Plain >iew -b5ect is plainly e(posed to sight. 8here the ob5ect seized is inside aclosed pac;age4 the ob5ect is not in plain

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view and4 therefore4 cannot be seizedwithout a warrant. Pac;age proclaims its contents

transparency4 distinctive configuration orcontents are obvious to an observer.

People vs. Salanguit? once the validportion of the search warrant has beene(ecuted4 the Bplain view doctrine can nolonger provide any basis for admitting theother items subse@uently foundG9mari5uana was also wrapped in newspaperwhich was not transparentG.warrant forshabu and drug paraphernalia4 found theshabu first: "octrine is not an e(ception to thewarrant. *t serves to supplement the prior

5ustification. *t is a recognition that of thefact that when e(ecuting police officerscome across immediately incriminatingevidence not covered by the warrant4 theyshould not be re@uired to close their eyes toit4 regardless of whether it is evidence of thecrime they are investigating or evidence ofsome other crime. *t would be needless tore@uire the police to obtain another warrant.

*mmediately apparent test

"oes not re@uire an unduly high degreeof certainty. %e@uires merely that the seizure bepresumptively reasonable assuming thatthere is probable cause to associate theproperty with criminal activity. Ne(us e(ists between the viewed ob5ectand the criminal activity.

/(clusionary %ule? /vidence obtained inviolation of Section &4 Article $ shall be

inadmissible for any purpose in anyproceeding because it is Bthe fruit of thepoisoned tree. Property illegally seized may be used inevidence in the case filed against the officerresponsible for the illegal seizure.

Privacy of Communications andCorrespondence 7he privacy of communication andcorrespondence shall be inviolable /C/P7upon lawful order of the court -% when

public safety or order re@uires otherwise asprescribed by law. Any evidence obtained in violation ofthis or the preceding section shall beinadmissible for any purpose in anyproceeding.

*nviolability /(ceptions?9#: Lawful order of the court)9&: Public safety or order re@uires otherwise4

as may be provided by law. *ncludes tangible and intangible ob5ects. %A ,&JJ? illegal for any person notauthorized by all the parties to any privatecommunication4 to secretly record suchcommunications by means of a taperecorder. 7elephone e(tension was notamong the devices covered by this law.

'reedom of /(pression No law shall be passed abridging thefreedom of speech4 of e(pression nor of thepress4 or the right of the people peaceably toassemble and petition the government forredress of grievances. Scope? Any and all modes of e(pression.

Aspects?9#: 'reedom from censorship or priorrestraint Need not be total suppression4 evenrestriction of circulation constitutescensorship. Section ## 9b:4 %A 33,3#? legitimatee(ercise of the police power of the State toregulate media or communication andinformation for the purpose of ensuring

#Prohibited any person ma;ing use of the media to

sell or to give free of charge print space or air time

for campaign or other political purposes e(cept to theC-+/L/C.

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e@ual opportunity4 time and space forpolitical campaigns. 6nrelated tosuppression of speech as it is only incidentaland no more than is necessary to achieve thepurpose of achieving the purpose of

promoting e@uality. +ovie censorship? movie4 compared toother media of e(pression4 have a greatercapacity for evil and must4 therefore4 besub5ected to a greater degree of regulation. Power of +7%C can be e(ercised onlyfor purposes of Bclassification notcensorship. Primacy of freedom of e(pression over/nrileKs Bright to privacy because /nrilewas a Bpublic figure and a public figureKs

right to privacy is narrower than that of anordinary citizen. 9Ayer Productions vs.Eudge Capulong: oard of %eview for +otion Picturesand 7elevision 9%+P7: Brating

when the program would create a clear andpresent danger of an evil which the State hasthe right to prevent. 9*nglesi ni Cristo vs.CA: No law prohibiting the holding andreporting of e(it poll. 9ASCN

roadcasting Corporation vs. C-+/L/C: 7est for the validity of governmentregulation4 valid if 9O0/rien Test:?#. within the constitutional power ofgovernment)&. furthers an important or substantialgovernment interest)$. government interest is unrelated to thesuppression of free e(pression) and,. incidental restriction on the freedom isno greater than is essential to the furtherance

of that interest. -verbreadth "octrine? prohibitsgovernment from achieving its purpose byBmeans that sweep unnecessarily broadly4reaching constitutionally protected as wellas unprotected activity.9&: 'reedom from subse@uent punishment

8ithout this assurance4 the individualwould hesitate to spea; for fear that hemight be held accountable for his speech4 orthat he might be provo;ing the vengeance ofthe officials he may have criticized.

Not absolute and may be properlyregulated in the interest of the public. State may validly impose penal and!oradministrative sanctions4 such as?#. Libel Public and malicious imputation of acrime4 or of a vice or defect4 real orimaginary4 or any act4 omission4 condition4status or circumstance tending to cause thedishonor4 discredit or contempt of a naturalor 5uridical person4 or to blac;en the

memory of one who is dead. -ral defamation is called slander. /very defamatory imputation ispresumed to be malicious. /(ceptions?

#. a private communication made by anyperson to another in the performance of anylegal4 moral or social duty) and&. fair and true report4 made in good faith4without any comments or remar;s4 of any5udicial4 legislative or other official

proceedings which are not of a confidentialnature4 or of any statement4 report or speechdelivered in said proceedings4 or of any actperformed by public officers in the e(erciseif their functions. Public has the right to be informed onthe mental4 moral and physical fitness ofcandidates for public officer. 7he ruleapplies only to fair comments on matters ofpublic interest4 fair comment being thatwhich is true4 or if false4 e(presses the real

opinion of the author based upon reasonabledegree of care and on reasonable grounds.&. -bscenity "etermination of what is obscene is a5udicial function.$. Criticism of official conduct


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6S vs. ustos? individual is given thewidest latitude in criticism of officialconduct. Publication that tends to impede4embarrass or obstruct the court and

constitutes a clear and present danger to theadministration of 5ustice is not protected bythe guarantee of press freedom andpunishable by contempt. *t is not necessaryto show that the publication actuallyobstructs the administration of 5ustice) it isenough that it tends to do so. 'reedom of press is subordinate to thedecision4 authority4 integrity andindependence of the 5udiciary and the properadministration of 5ustice.

,. %ight of students to free speech inschool premises not absolute Campus Eournalism Act provides that astudent shall not be e(pelled or suspendedsolely on the basis of articles he or she haswritten4 the same should not infringe on theschoolKs right to discipline its students. 7he school cannot suspend or e(pel astudent solely on the basis of the articles heor she has written4 e(cept when such articlematerially disrupts class wor; or involvessubstantial disorder or invasion of rights ofothers.

7est of valid government interference9#: Clear and Present "anger %ule 8hether the words are used in suchcircumstances and of such nature as tocreate a clear and present danger that theywill bring about the substantive evils that theState has the right to prevent. 7he substantive evil must be e(tremelyserious and the degree of imminencee(tremely high before utterances can bepunished. %ule? the danger created must not onlybe clear and present but also traceable to theideas e(pressed. Bclear? seems to point to a causalconnection with the danger of the

substantive evil arising from the utterance@uestioned Bpresent refers to the time element4identified with imminent and immediatedanger

7he danger must not only be probable4but very li;ely inevitable.9&: "angerous 7endency %ule 8ords uttered create a dangeroustendency of an evil which the State has theright to prevent4 then such words arepunishable. Sufficient if the natural tendency and theprobable effect of the utterance were tobring about the substantive evil that thelegislative body see;s to prevent.

9$: alancing of *nterests 7est 8hen particular conduct is regulated inthe interest of public order4 and theregulation results in an indirect4 conditionalor partial abridgment of speech4 the duty ofthe courts is to determine which of the twoconflicting interests demands the greaterprotection under the particularcircumstances presented. %e@uires a court to ta;e conscious anddetailed consideration of the interplay ofinterests observable in a given situation.

Assembly and Petition %ight to assemble is not sub5ect to priorrestraint. *t may not be conditioned upon priorissuance of a permit or authorization fromgovernment authorities. *t must be e(ercised in such a way aswill not pre5udice the public welfare. P6L*C PLAC/? permit for the use ofsuch place4 and not for the assembly itself4may be validly re@uired. 7he power of localofficials is merely one of regulation. Permit to hold public assembly shall notbe necessary where the meeting is to be heldin a P%*>A7/ PLAC/. Public Assembly Act? a permit shall not

be necessary where the meeting is to be held

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in a private place4 in the campus of thegovernmentowned or operated educationalinstitution4 or in a freedom par;. 8here permit is re@uired4 written

application shall be filed with the mayorKs

office at least days before the scheduledmeeting and shall be acted upon within &days. -therwise4 permit shall be deemedgranted. "enial shall be 5ustified only upon clear

and convincing evidence that the publicassembly will create a cleat and presentdanger to public order4 safety4 convenience4morals and health. Action shall be communicated within &,

hours to the applicantG may appeal to

appropriate courts. "ecision must be reached within &,

hours. 7he law permits law enforcement

agencies to detail a contingent under aresponsible officer at least #JJ meters awayfrom the assembly in case it becomesnecessary to maintain order. Academic freedom of institutions ofhigher learning cannot be utilized todiscriminate against those who e(ercise their

constitutional rights. %ight to free assembly and petitionprevails over economic rights. /ducation of the youth occupies apreferred position over the freedom ofassembly and petition. 7ests priorly applied by the court?#. purpose test&. auspice test

'reedom of %eligion

No law shall be made respecting anestablishment of religion or prohibiting thefree e(ercise thereof. 7he free e(ercise and en5oyment ofreligious profession and worship4 withoutdiscrimination or preference4 shall foreverbe allowed. No religious test shall be

re@uired for the e(ercise of civil or politicalrights. & guarantees?#. nonestablishment clause&. freedom of religious profession and

worship Nonestablishment clause? separation ofChurch and State#. cannot be registered as a political party)&. no sectoral representative from thereligious sector) and$. prohibition against the use of publicmoney or property for the benefit of anyreligion4 or of any priest4 minister orecclesiastic. /(ceptions?

#. e(ception from ta(ation of propertiesactually4 directly and e(clusively used forreligious purposes)&. citizenship re@uirement of ownership ofeducational institutions4 e(cept thoseestablished by religious groups and missionboards)$. optional religious instruction in publicelementary and high schools e(pressed in

writing by the parents!guardians4 taughtwithin regular class hours) and without

additional costs on the =overnment) and,. appropriation allowed where the ministeror ecclesiastic is employed in the armedforces4 penal institution or in thegovernmentowned orphanage orleprosarium. Scope?#. State cannot set up a Church&. nor pass laws which aid one religion4 aidall religion or prefer one over another)$. nor force nor influence a person to go to

or remain away from church against his will),. or force him to profess a belief ordisbelief in any religion. 7he term BNonChristian tribes doesnot refer to religious belief but to degree ofcivilization. 9People vs. Cayat: Laws4 e.g. Article #$$ of the %PC4 donot violate freedom of religion.

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'reedom of religion is accordedpreferred status4 designed to protect thebroadest possible liberty of conscience4 toallow each man to believe as his consciencedirects4 to profess his beliefs and to live as

he believes he ought to live4 consistent withliberty of others and with the common good. *ntramural religious disputes? 8here a civil right depends upon some

matter pertaining to ecclesiastical affairs4 thecivil tribunal tries the civil right and nothingmore. B/cclesiastical Affair is one that

concerns doctrine4 creed4 or forum ofworship of the church4 or the adoption andenforcement within a religious association

of needful laws and regulations for thegovernment of the membership4 and thepower of e(cluding from such associationsthose deemed unworthy of membership. *t is not for the Court to e(ercise control

over Church authorities in the performanceof their discretionary and official functions)it is for the members of religiousinstitutions!organizations to conform to 5ustchurch regulations. 'ree /(ercise Clause

Aspects of freedom of religiousprofession and worship?#. right to believe4 which is absolute&. right to act according to oneKs belief4which is sub5ect to regulation. Constitutional guarantee of free e(ercise

pf religious profession and worship carrieswith it the right to disseminate religiousinformation4 and any restraint of such rightcan be 5ustified only on the ground that thereis a clear and present danger of an evil

which the State has the right to prevent. 7he compelling State interest test? /strada vs. /scritor 9administratively

charged with immorality for living with amarried man4 not her husband) con5ugalarrangement was in conformity with theirreligious beliefs:

Benevolent Neutrality recognizes that

government must pursue its secular goalsand interests4 but at the same time4 strive touphold religious liberty to the greatest e(tentpossible within fle(ible constitutional limits.

7hus4 although the moralitycontemplated by laws is secular4 benevolentneutrality could allow for accommodation ofmorality based on religion4 provided it doesnot offend compelling state interest. & steps?

#: 8hether respondentKs right to religiousfreedom has been burdened and&: Ascertain respondents sincerity in hisbeliefs. State regulations imposed on

solicitations for religious purposes do notconstitute an abridgment of freedom ofreligion) but are N-7 covered by P" #3,9Solicitation Permit Law: which re@uiredprior permit from "S8" in solicitations forcharitable or public welfare purposes) 'ree e(ercise clause does not prohibitimposing a generally applicable sales anduse ta( on the sale of religious materials bya religious organization. %esulting burden isso incidental as to ma;e it difficult to

differentiate it from any other economicimposition that might ma;e the right todisseminate religious doctrines costly.

Liberty of Abode and of 7ravel 7he liberty of abode and of changing thesame within the limits prescribed by lawshall not be impaired e(cept upon lawfulorder of the court. Neither shall the right to travel beimpaired e(cept in the interest of nationa$

sec%rit)4 p%b$ic saet)or p%b$ic &ea$t&4 asmay be provided by law. Limitations?#: -n liberty of abode? lawful order of thecourt Caunca vs. Salazar? maid has the right to

transfer to another residence even if she hadnot yet paid the amount advanced for her

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transportation from the province by anemployment agency) %ubi vs. Provincial oard of +indoro?

re@uiring some members of the nonChristian tribes to reside only within a

reservation4 validG to promote their bettereducation4 advancement and protection. 6niversal "eclaration of Duman %ights?

everyone has the right to leave any country4including his own and to return to hiscountry. Covenant on Civil and Political %ights?

no one shall be arbitrarily deprived of theright to enter his own country.&: -n right to travel? national security4public safety or public health4 as may be

provided by law Lawful order of the court is a validrestriction. Court may validly refuse to grant theaccused permission to travel abroad4 even ifthe accused in out on bail. 9+anotoc vs. CA: Liberty of travel may be impaired evenwithout court order4 the appropriatee(ecutive officers or administrativeauthorities are not armed with arbitrarydiscretion to impose limitations.

Principles?#: 7he Dolddeparture -rder is but ane(ercise of the courtKs inherent power topreserve and maintain the effectiveness ofits 5urisdiction over the case and over theperson of the accused)&: y posting bail4 the accused holdshimself amenable at all times to the ordersand processes of the court4 thus4 she may belegally prohibited from leaving the countryduring the pendency of the case) and

$: Parties with pending cases should applyfor permission to leave the country from thevery same courts which4 in the first instance4are in the best position to pass upon suchapplications and to impose appropriateconditions therefore4 since they areconversant with the facts of the cases andthe ramifications or implications thereof.

7he persons right to travel is sub5ect tothe usual constraints imposed by the verynecessity of safeguarding the system of5ustice. 8hether the accused should bepermitted to leave the country for

humanitarian reasons is a matter addressedto the courtKs discretion.

%ight to *nformation %ight of the people to information onmatters of public concern shall berecognized. Access to official records and todocuments and papers pertaining to officialacts4 transactions pr decisions as well as togovernment research data used as basis for

policy development shall be afforded thecitizen4 sub5ect to such limitations as may beprovided by law. Scope of the %ight? right to informationcontemplates inclusion of negotiationsleading to consummation of the transactions. 7he right only affords access4 which

means the opportunity to inspect and copythem at his e(pense. Sub5ect to regulations? to protect

integrity of public records and to minimize

disruption of government operations. /(ceptions?#: Privileged communications rooted inseparation of powers&: *nformation on military and diplomaticsecrets$: *nformation affecting national security,: *nformation on investigations of crimesby law enforcement agencies before theprosecution of the accused. Need for publication of law reinforces

this right. 7he manner of e(amining public recordsmay be sub5ect to reasonable regulation bythe government agency in custody. 7he duty to disclose the information ofpublic concern4 and to afford access topublic records cannot be discretionary on the

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part of said agencies. *ts performance maybe compelled by mandamus. *n %e? %e@uest for Live %adio7>Coverage of the 7rial in the S of thePlunder Case against 'ormer Pres. Eoseph

/5ercito /strada4 Secretary of EusticeDernando Perez vs. Eoseph /5ercito /strada?when the constitutional guarantees ofreedom o t&e press and t&e rig&t top%b$ic inormation4 on the one hand4 andthe %ndamenta$ rig&ts o t&e acc%sed4 onthe other hand4 along with theconstit%tiona$ po!er o a co%rt to contro$its proceedings in ens%ring a air andimpartia$ tria$ race against another45urisprudence tells us that the right of the

accused must be preferred 9losing not onlyhis liberty but also the very life of anaccused:.

%ight to 'orm Associations 7he right of the people4 including thoseemployed in the public and private sectors4to form unions4 associations or societies forpurposes not contrary to law shall not beabridged. Scope? includes the right not to 5oin or todisaffiliate from one. %ight to Stri;e? members of the civilservice may not declare a stri;e to enforceeconomic demands. 7he ability to stri;e is not essential to theright of association. 7he right of the sovereign to prohibitstri;es or wor; stoppages by publicemployees is clearly recognized at commonlaw. +odern rule merely incorporate orreasserts said common law. %ight is not absolute. AntiSubversion Act

+anagerial employees? receive

information that is not only confidential butalso generally not available to the public.

Nonimpairment Clause

No law impairing the obligation ofcontracts shall be passed. 7o fall within the prohibition4 the changemust not only impair the obligation of thee(isting contract4 but the impairment must

be substantial. Change in the rights of the parties withreference to each other and not with respectto nonparties. *mpairment? anything that diminishes theefficacy of the contract Substantial impairment when the lawchanges either#: 7ime of performance&: +ode of performance$: *mposes new conditions

,: "ispenses with those e(pressed: Authorizes for its satisfaction somethingdifferent from that provided in its terms Limitations?#: Police power public welfare is superiorto private rights&: /minent domain$: 7a(ation 'ranchises4 privileges4 licenses4 etc donot come within the conte(t of the provision Sub5ect to amendment alteration4 or

repeal by the Congress when common goodso re@uires.

'ree Access to Courts 'ree access to the courts and @uasi5udicial bodies and ade@uate legal assistanceshall not be denied to any person by reasonof poverty. Social 5ustice provision providing forpauper suits.

+iranda "octrine Any person under investigation for thecommission of an offense shall have 7he right to be informed of his right to

remain silent and 7o have competent and independent

counsel preferably of his own choice.

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*f the person cannot afford the servicesof counsel4 he must be provided with one. 7hese rights cannot be waived4 e(cept *n writing and

*n the presence of the counsel.

No torture4 force4 violence4 threat4intimidation or any other means whichvitiate the free will shall be used againsthim. Secret detention places4 solitary4incommunicado4 or other similar forms ofdetention are prohibited. Any confession or admission obtained inviolation of this or Section #1 shall beinadmissible in evidence against him. 7he law shall provide for penal and civil

sanctions for violations of this section4 aswell as compensation to and rehabilitation ofvictims of torture or similar practices4 andtheir families. %ights are available only duringcustodial investigation. Custodial investigation or incustody

interrogation of accused person? any@uestioning initiated by law enforcementofficers after a person has been ta;en intocustody or otherwise deprived of his

freedom of action in any significant way. *nvestigation ceases to be a general

in@uiry into an unsolved crime and directionis aimed upon a particular suspect who hasbeen ta;en into custody and to whom thepolice would then direct interrogatory@uestions which tend to elicit incriminatingstatements. "oes not apply to spontaneousstatements. "oes not apply to

admissions!confessions made by a suspectbefore he was placed under custodialinvestigation. Custodial investigation includes thepractice of issuing an Binvitation to aperson who is investigated in connectionwith an offense he is suspected to have

committed4 without pre5udice to the liabilityof the inviting officer for any violation. Police Lineup Not considered part of custodial

investigation because it is conducted before

that stage of investigation is reached. Process has not yet shifted from the

investigatory to the accusatory stage. People vs. /scordial -utofcourt identification may be made

in a Bshowup 9where the accused isbrought face to face with the witness foridentification: or in a police lineup 9wherethe suspect is identified by a witness from agroup of persons gathered for that purpose:. "uring custodial investigation4 these

have been described as Bcriticalconfrontations of the accused by theprosecution necessitating the presence ofcounsel. 7his is because the result of thesepretrial proceedings might well settle thefate of the accused and reduce the trial to amere formality. +erely photographed or paraffin test4

not yet under custodial investigation. *nvestigations not considered ascustodial interrogations.

Arrested person signs a boo;ing sheerand an arrest report at the police station4 hedoes not admit the commission of an offensenor confess to any incriminatingcircumstance. Said boo;ing sheet is merelya statement of how the arrest was made andhas no probative value as an /E statement ofthe person detained. %ights guaranteed by this provisionrefers only to testimonial compulsion. 8hat rights are available

#: 7o remain silent) No adverse inference from his refusal to

answer.&: 7o competent and independent counsel9preferably of his own choice) at all stagesof the proceeding:) Attaches upon the start of the

investigation)

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Lawyer should never prevent a person

from telling the truth. %A 1,$2? AccusedKs parent4 older bro

and sis4 spouse4 +ayor4 +unicipal Eudge4district school supervisor4 or priest or

minister of the gospel as chosen by theaccused4 may appear in lieu of the counselduring the ta;ing of an /E confession *'?#: Counsel of accused is absent and&: >alid waiver had been e(ecuted. Bcompetent and independent willing

to safeguard the constitutional rights of theaccused4 as distinguished from one whowould merely be giving a routineperemptory and meaningless recital of theindividualKs constitutional rights.

+ere pro forma appointment of acounsel de officio who fails to genuinelyprotect the interests of the accused meritsdisapprobation. *ndependent Counsel? not special

counsel4 City legal officer4 +ayor4public!private prosecutor4 counsel of thepolice4 or a municipal attorney4 whoseinterest is admittedly adverse to the accused. BPreferably of his own choice does not

mean that the choice of a lawyer by a person

under investigation is e(clusive as topreclude other e@ually competent andindependent attorneys from handling thedefense. Choice of lawyer when accused cannot

afford final say is still with the accusedwho may re5ect said lawyer) deemedengaged by the accused when he does notob5ect. Confession obtained after charges had

already been filed? 7he right to counsel still

applies in certain pretrial proceedings thatare considered critical stages in the criminalprocess. C%stodia$ interrogation beore orater c&arges &a#e been i$ed1 and non2c%stodia$ interrogation ater t&e acc%sed&as been orma$$) c&arged1are consideredBcritical pretrial stages in the criminalprocess.

$: 7o be informed of such rights) 7ransmission of meaningful information

rather than 5ust ceremonial and perfunctoryrecitation of an abstract constitutionalprinciple.

P must show that the accused understoodwhat he read and the conse@uences of hiswaiver. %ight to be informed carries with it the

correlative obligation on the part of theinvestigator to e(plain and contemplates aneffective communication which results inthe sub5ect understanding what is conveyed.9degree of e(planation depends on thepersonal circumstances of the accused:,: %ights cannot be waived e(cept in

writing and signed by the person in thepresence of his counsel): No torture4 force4 violence4 etc. whichvitiates free will shall be used)3: Secret detention places4 etc. areprohibited) and1: Confessions!admissions obtained inviolation of rights are inadmissible inevidence. & inds of *nvoluntary!Coerced

Confession

#: Coerced confession4 the product of thirddegree methods&: 6ncounselled statements4 without thebenefit of the +iranda warning Alleged infringement of the

constitutional rights of the accused duringcustodial investigation is relevant andmaterial only where an e(tra5udicialconfession!admission from the accusedbecomes the basis of conviction. #01$ Constitution does not distinguish

between verbal and nonvernal confession. A person suspected of having committed

a crime and subse@uently charged with itscommission has the following rights in thematter of his testifying or producingevidence?#: efore case is field in court or withpublic prosecutor for preliminary

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investigation4 but after having been ta;eninto custody or otherwise deprived of hisliberty and on being interrogated by thepolice 7o remain silent

%ight to counsel 7o be informed of such right

Not to be sub5ected to torture4 violence4

threat4 intimidation or any other meanswhich vitiates free will and 7o have evidence obtained in violation

of these rights re5ected and inadmissible.&: After the case is filed in court 7o refuse to be a witness

Not to have nay pre5udice by such

refusal

7o testify in his own behalf4 sub5ect tocrosse(amination 8hile testifying4 refuse to answer an

incriminating @uestion 8aiver9#: +ust be in writing and made in thepresence of the counsel9&: No retroactive effect no application towaivers made prior to AP%*L &34 #02$4 thepromulgation of +orales.9$: urden of proof burden of proving

valid waiver is with the prosecution. Presumption that official duty has been

regularly performed cannot prevail over thepresumption of innocence.9,: 8hat may be waived %ight to remain silent

%ight to counsel

N-7 the right to be informed of these

rights. =uidelines for Arresting!*nvestigating

-fficers 9People vs. +ahinay:9#: Person arrested4 detained4 invited orunder custodial investigation must beinformed in a language ;nown to andunderstood by him of the reason for hisarrest and must be shown the warrant ofarrest4 if any.

9&: De must be warned that he has the rightto remain silent and that any statement hema;es may be used as evidence against him.9$: De must be informed that he has theright to be assisted at all times and have the

presence of an independent and competentlawyer4 preferably of his own choice.9,: De must be informed that if he has nolawyer or cannot afford one4 a lawyer willbe provided for him) and that a lawyer mayalso be engaged by any person in his behalfor may be appointed by the Court uponpetition of the person or one acting in hisbehalf.9: 7hat whether or not the person arrestedhas a lawyer4 he must be informed that no

custodial investigation in any form shall beconducted e(cept in the presence of hiscounsel or after a valid waiver.93: 7he person arrested must be informedthat4 at any time4 he has the right tocommunicate or confer by the moste(pedient means with his lawyer4 anymember of his immediate family4 or anymedical doctor4 priest or minister chose byhim or anyone of his immediate family or byhis counsel4 or be visited by!confer withduly accredited national or internationalnongovernmental organization. *t shall bethe responsibility of the officer to ensurethat this is accomplished.91: De must be informed that he has theright to waive any said rights provided it ismade voluntarily4 ;nowingly andintelligently4 and ensure that he understoodthe same.92: *f the person arrested waives his right toa lawyer4 he must be informed that this mustbe done in writing and in the presence of thecounsel4 otherwise he must be warned thatthe waiver is void even if he insists in hiswaiver and chooses to spea;.90: 7he person arrested must be informedthat he may indicate in any manner at anytime or stage of the process that he does notwish to be @uestioned with a warning that

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once he ma;es such indication the policemay not interrogate him if the same had notyet commenced or the interrogation mustcease if it had already begun.9#J: 7he person arrested must be

informed that the initial waiver of his rightto remain silent4 the right to counsel or toany other rights does not bar him frominvo;ing it at any time during the process4regardless of whether he may have answeredsome @uestions or volunteered somestatements.9##: De must be informed that anystatement or evidence4 as the case may be4obtained in violation of any of the foregoing4inculpatory or e(culpatory4 in whole or in

part4 shall be inadmissible. /(clusionary %ule?Confession!Admission obtained in violationof Section #& and #14 Article *** of theConstitution shall be inadmissible inevidence. Confession? declaration madevoluntarily and without compulsion orinducement by a person ac;nowledging thathe has committed or participated in thecommission of a crime. Any allegation of force4 duress4 undueinfluence or other forms of involuntarinessin e(acting such confession must be provedy clear4 convincing and competent evidenceby the defense. -therwise4 the confessionKsfull probative value may be used todemonstrate the guilt of the accused. 'ruit of the Poisonous 7ree? 9Eustice'ran;furter Nardone vs. 6S:

-nce the primary source is shown to

have been unlawfully obtained4 any

secondary or derivative evidence derivedfrom it is also inadmissible. asis? evidence illegally obtained by the

State should not be used to gain otherevidence. %eceipt of Seized Property if signed bythe accused without assistance of counsel

and not having been informed of hisconstitutional rights is inadmissible. People vs. Linsangan? initialed the P#J

bill that the police found tuc;ed in his waist.>alid. ecause possession of mar;ed bills

did not constitute a crime4 the sub5ect if theprosecution being his act of sellingmari5uana cigs. %eenactment of the Crime before4must be appraised of his constitutionalrights. %es =estae admissible. 8aiver of /(clusionary %ule? failure toob5ect to offer in evidence.

%ight to ail

All persons e(cept those charged with anoffense punishable by %P4 when evidence ofguilt is strong4 shall before conviction bebailable by sufficient sureties or be releasedon recognizance as may be provided by law. 7he right to bail shall not be impairedeven when the privilege of the writ ofhabeas corpus is suspended. /(cessive bail shall not be re@uired. ail? is the security given for the releaseof a person in custody of the law4 furnished

by him or a bondsman4 conditioned upon hisappearance before any court as may bere@uired. Any person under detention4 even if noformal charge have yet been field4 caninvo;e the right to bail. 8hen bail is authorized4 it should begranted before arraignment4 otherwise4 theaccused may be precluded from filing amotion to @uash. /(ceptions?

#. when charged with an offensepunishable by %P 9or higher: and evidenceof guilt is strong&. traditionally4 not available to military "uty of the Court when accused ischarged with an offense punishable by %P orhigher.

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Dearing on the motion for bail must be

conducted by the 5udge. Prosecution must be given an

opportunity to present all the evidences. Applicant having right of cross

e(amination and to introduce evidence inrebuttal. *f prosecution refuses to adduce

evidence or fails to interpose an ob5ection tothe motion for bail4 it is still mandatory forthe court to conduct a hearing or as;searching and clarificatory @uestions fromwhich it may infer the strength of theevidence of guilt or lac; of it. 7he hearing on the petition for bail neednot at all times precede arraignment4

because the rule is that a person deprived ofhis liberty by virtue of his arrest or voluntarysurrender may apply for bail as soon as he isdeprived of his liberty4 even before acomplaint or information is filed againsthim. CourtKs order granting or refusing bailmust contain summary of evidence for theprosecution. 7he assessment of the evidencepresented during bail hearing is only for the

purpose of granting or denying anapplication for the provisional release of theaccused liberal in their approach4 not

being a final assessment. ail is either?#: A matter of right efore or after conviction by +e7C4

+7C +7C in Cities4 +C7C efore conviction by %7C of an offense

not punishable by death4 %P or lifeimprisonment.

&: Eudges discretion 6pon conviction by %7C of an offense

not punishable by death4 %P or lifeimprisonment. 7he court4 in its discretion4 may allow

the accused to conti

Documents

Nachura Notes Complete