BILL OF RIGHTS Section 1.

No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. (SEKSYON 1. Hindi dapat alisan ng buhay, kalayaan, or ariarian ang sino mang tao nang hindi kaparaanan ng batas, ni pagkaitan ang sino mang tao ng pantay na pangangalaga ng batas.) Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized. Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law. (2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding. Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law. Chapter 1: Introduction Constitutional Law is the study of the maintenance of the proper balance between authority as represented by the three inherent powers of the state and liberty as guaranteed by the bill of rights. Role of Constitutional Law is to effect an equilibrium between authority and liberty. So that rights are exercised within the framework of the law and the laws are enacted with due deference to rights. Fundamental powers of the State police power eminent domain power of taxation Bill of Rights Due process and equal protection prohibition against unreasonable searches and seizures freedom of expression impairment clause guarantees against unjust to the accused. Chapter 2: Nature of Constitution Cooleys Constitution body of rules and maxims in accordance with which powers of sovereignty are habitually exercised. Justice Malcolms Constitution written instrument enacted by direct action of the people by which the fundamental powers of the government are established, limited and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic. Purpose of Constitution to prescribe the framework of a system of government to assign to the several departments their respective powers and duties to establish certain first fixed principles on which government is founded. Classification of Constitution : Philippines constitution is WRITTEN, conventional and rigid. written or unwritten evolved or enacted rigid or flexible Essential Qualities of Written Constitution Broad Brief/ confine Definite/ clear (Exception: those cases where the rules are deliberately worded in a vague manner, like Due process clause, to make them more malleable to judicial interpretation in the light of new conditions and circumstances. Essential Parts of Written Constitution Liberty Constitution of government Constitution of sovereignty Procedure in the amendment or revision of Constitution Proposal Ratification Art. XVII, Section 1. Any amendment to, or revision of, this Constitution may be 1. In Case of Amendment Proposed by Congress or Convention proposed by: Art. XVII, Sec. 4. (1) The Congress, upon a vote of three-fourths of all its WHAT: Validity of any amendment to, or revision of, the Constitution Members; or under Art. XVII, Section 1 (2) A constitutional convention. WHEN: upon Art XVII, Sec. 2. (i) ratification WHAT: Amendments to the Constitution (ii) by a majority of the votes cast in a HOW: directly proposed by the people through initiative (iii) Plebiscite which shall be held not earlier than 60 days nor later than 90 days REQUIREMENTS: after the approval of such amendment or revision. (1) a petition of at least 12% of the total number of registered voters, 2. In Case of Amendment Proposed through Initiative (2) every legislative district must be represented by at least 3% of the registered 3. Plebiscite to Be Called by Congress And Supervised by COMELEC But The voters therein. Initiative on Constitution Will Be Called By COMELEC Art XVII, Sec. 3. WHO: Congress WHAT: call a constitutional convention HOW: (1) by a vote of two-thirds of all its Members (2) submit to the electorate the question of calling such a convention HOW: by a majority vote of all its Members Theories regarding the position of the constitutional Convention in our system of government 1. Theory of Conventional Sovereignty - holds that the constitutional convention is supreme over the other departments of the govt because the powers it exercises are in the nature of sovereign powers. 2. Legislative Control Theory - the constitutional convention is inferior to the other departments of the government since it is merely a creation of the legislature.

3. Co-equality Theory - as long as it exists and confines itself within the sphere of its jurisdiction, the constitutional convention must be considered independent of and co-equal with the other departments of the govt. Chapter 3: Constitution and the Courts Requisites of Judicial Inquiry there must be an actual case or controversy the question of constitutionality must be raised by the proper party the constitutional question must be raised at the earliest possible opportunity the decision of the constitutional question must be necessary to the determination of the case itself. Chapter 4: Fundamental powers of the State Police power Eminent Domain Power of Taxation SIMILARITIES LIMITATIONS Rights equivalent compensation DIFFERENCES Aspects Regulates Exercised by Objective Compensation Used of Property Chapter 5: Police Power Definitions Power of promoting the public welfare by restraining and regulating the use of liberty and property(freund). Inherent and plenary power of the state which enables it to prohibit all that is hurtful to the comfort, safety and welfare of society. Basis Salus populi suprema est lex (the welfare of the people is the supreme law) Sic utere tuo ut alienum non laedeas (so use your own property as not to injure anothers property) Constitution and may in proper cases be annulled by the courts of justice

Police Power Liberty and Property State To destroy noxious property or to restrain the noxious use of property the altruistic feeling that one has contributed to the public good Not appropriated for public use

Eminent Domain Property Rights State and Private entities Property taken for public use Just Compensation (Full and Fair equivalent of property taken) Appropriated for public use

Taxation Property Rights State Earn revenue for the government

Characteristics Generally: By reason of its function: o extends to all the great public needs o most pervasive, the least limitable and the most demanding of the three powers The powers of taxation and eminent domain may be used to implement a police objective Particular aspects public health public morals public safety public welfare Who may exercise a. Legislature - Police power is lodged primarily in the national legislature b. Executive - By virtue of a valid delegation of legislative power, it may also be exercised by the president, administrative bodies, and lawmaking bodies of LGUs (R.A. 7160, sec. 16). Test for validity of exercise of police power LAWFUL OBJECT/Subject- Interest of the public generally as distinguished from a particular class required exercise LAWFUL METHOD/ Means - Means employed are reasonably necessary for the accomplishment of purpose, and not unduly oppressive When exercised by a delegate: to be expressly granted by law

Chapter 6: Eminent Domain (ART. 3 Concept Sec. 9) the private property shall not be taken for public use without just compensation. (limitations)

power to appropriate not only public but private property of citizens within the territorial sovereignty to public purpose. (Charles River Bridge vs. Warren Bridge) over the States power of eminent domain inherent, it need not be lodged or specifically conferred on government by the Constitution limit on the governments exercise of power eminent domain is different from police power. temporary taking of a private companys operations and business; ownership is not transferred. Who Exercise Congress, primarily. other governmental and private entities, by delegation:

1. President 2. Various local legislative bodies 3. Certain public corporation like MWSS 4. Quasi-public corporations like National Railways, PLDT, Meralco Power is dormant until the legislature sets it in motion (Executive Department needs to act on statute) Once authority is given to be exercised, the matter ceases to be wholly legislative Exercised by Congress Pervasive and all encompassing Political Question Exercised by Delegates Can only be as broad as the enabling law and the conferring authorities want to be Justiciable Question, RTC has to determined whether there is genuine necessity for its exercise, as well as what propertys value is. Delegate cannot expropriate private property already devoted to public

Extent of Power Question of Necessity

Private Property

TAKING A physical dispossession of the owner of his actual property, or its use May include trespass without actual eviction of owner, such as the material impairment of value of property, or preventions of ordinary uses for which the property was intended. What may be taken: All private property capable of ownership, including services. What cannot be taken: money and choses in action REQUISITES FOR TAKING (Republic v. Castelvi) a. The expropriator must enter a private property b. Entry must be for more than a momentary period c. Entry must be under warrant or color of legal authority d. Property must be devoted to public use or otherwise informally appropriated or injuriously affected e. Utilization of the property must be in such a way as to oust the owner and deprive him of beneficial enjoyment of the property JUST COMPENSATION Fair and full equivalent of the loss which the owner has to suffer by reason of the expropriation; usually the fair market value of the property Fair Market Value: Price fixed by a buyer (desirous but not compelled to buy) and a seller (willing but not compelled to sell). However, the determination of what counts as just compensation is a judicial (RTC) prerogative; thus, executive determinations of just compensation in eminent domain cases are unconstitutional Must include consequential damages (damages to other interest of the owner attribute to the expropriation) and deduct consequential benefits (increase of value of other interests attribute to new use of the former property) on has to be paid in money, and has to be paid within a reasonable time from its taking General Rule: the value of the property will be determined at the date of the filing of the complaint for eminent domain, which normally coincides with the taking Exception: when the taking precedes the filing of the complaint, and the owner would be given undue incremental advantage arising from the governments use of the property, the value will be determined at the time of the taking So in effect: the value of the property must be determined either at the time of taking or filing of the complaint, whichever comes first. Chapter 7: Taxation Taxes - Enforced proportional contributions from persons and property, levied by the state by virtue of its sovereignty, for the support of the government and for all public needs Purpose: a. To raise revenue b. Tool for regulation c. Protection/power to keep alive Extent: as broad as the purpose for which it is given Primarily vested in the national legislature. Also: local legislative bodies (Article 10, Section 5, 1987 Constitution). To a limited extent, the President may exercise this power when granted delegated tariff powers under Art. VI, sec. 28 (2) Taxes Raised Revenues for the government Levied against Revenues Basis of amount is Higher License fees Imposed for regulatory purposes only Justification is police power Amount is limited to cost of regulation Special Assessments Specific benefits for specific persons Basis is cost of construction

Scope/ Uniformity of taxation simply geographical uniformity, meaning it operates with the same force and effect in every place where the subject of it is found But does not prohibit classification for purposes of taxation Requisites: i. standards used are substantial and not arbitrary ii. Categorization is germane to achieve the legislative purpose iii. the law applies, all things being equal to both present and future conditions iv. applies equally to members of the same class. Equal protection clause taxes should be uniform (persons or things belonging to the same class shall be taxed at the same rate) and equitable (taxes should be apportioned among the people according to their capacity to pay) Progressive system of taxation

or a more equitable distribution of wealth Delegated tax legislation Congress may delegate law-making authority when the constitution itself specifically authorizes it. Double Taxation same taxing jurisdiction during the same taxing period for the same purpose tection.

Public Purpose/ Limitations Power to tax exists for the general welfare; should be exercised only for a public purpose might be justified as for public purpose even if the immediate beneficiaries are private individuals Tax should not be confiscatory. If a tax measure is so unconscionable as to amount to confiscation of property, the Court will invalidate it. But invalidating a tax measure must be exercised with utmost caution, otherwise, the States power to legislate for the public welfare might be seriously curtailed Impairment of obligations of contracts t impairs the obligation of contracts from any one class of taxes, the imposition of a different tax is not an impairment of the obligation of contracts. Tax exemptions se

of all the members of Congress (Art. VI, sec. 28 (4)) Constitutional exemptions (1987 CONST., art. VI, sec. 28(3)) a. Educational institutions (both profit and nonprofit) - Benefits redound to students - Only applied to property taxes not excise taxes b. Charitable institutions - Religious and charitable institutions give considerable assistance to the State in the improvement of the morality of the people and the care of the indigent and the handicapped. c. Religious property Chapter 8: Due Process of Law the embodiment of the sporting idea of fair play (Frankfurter, in Mr. Justice Holmes and the SC); It is also a law which hears before it condemns, which proceeds upon inquiry and renders judgment only after trial (Dartmou th College v. Woodward, 4 Wheaton 518) Scope: due process guarantee applies only if a governmental action will constitute a deprivation of some person's life, liberty, or property.

Substantive due process Requisites: icular class, require the intervention of the State pressive on individuals. Procedural due process er by which the law is enforced. Basic elements:

ings: an opportunity to explain one's side or to seek are Judicial Due Process

(1) (2) (3) (4)

an impartial and disinterested court clothed by law with authority to hear and determine the matter before it jurisdiction lawfully acquired over the person of the defendant or the property which is the subject matter of the proceeding; notice and opportunity to be heard judgment to be rendered after lawful hearing, and judge must clearly explain its factual and legal bases.

Appeal is not a natural right or a part of due process, except in cases where the right to appeal is guaranteed by the Constitution (Art. VIII, Sec. 5(2)) or by a statute. Affirm on appeal or certiorari as the law or the Rules of Court may provide, final judgments and orders of lower courts in all cases in which: i. Constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question. ii. Legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto is involved. iii. Jurisdiction of any lower court is in issue. iv. Criminal cases in which the penalty imposed is reclusion perpetua or higher. v. An error or question of law is involved. Administrative Due Process 1. Right to a hearing. 2. The tribunal must consider the evidence presented. 3. Decision must be supported by evidence. 4. Evidence must be substantial; Substantial Evidence: such relevant evidence as a reasonable mind might accept as adequate to support a conclusion, even if other minds equally reasonable would opine otherwise. 5. Decision must be rendered on the evidence presented at the hearing or at least contained in the record and disclosed to the parties affected.. 6. Independent consideration of judge. ot simply accept the views of a subordinate. 7. Decision rendered in such a manner as to let the parties know the various issues involved and the reasons for the decision rendered. Chapter 9: Equal Protection Art. 3, Sec. 1 s conferred and responsibilities imposed." operty is concerned.

ersons merely as such, but on persons according to the circumstances surrounding them. on impermissible criteria unrelated to a proper legislative purpose. n both are similarly situated. Conditions for valid classification: (1) it must rest on substantial distinctions (2) it must be germane to the purpose of the law (3) it must not be limited to existing conditions only (4) it must apply equally to all members of the same class. Classification Substantial Distinctions Purpose Duration Applicability to all Purpose rty. It guarantees the equality of all persons before the law Chapter 10: Searches and Seizures Art. III, Sec. 2. The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures of whatever nature and for any purpose, shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the person or things to be seized. Sec. 3. The privacy of communication and correspondence shall be inviolable, except upon lawful order of the court, or when public safety or order requires otherwise as prescribed by law. Any evidence obtained in violation of this or the preceding section, shall be inadmissible for any purpose in any proceeding. SCOPE/ Protection from unreasonable searches & seizures a personal right, may be invoked or waived by the person directly affected directed against the government & its agencies cannot extend over acts committed by private individuals available to all persons includes: aliens & artificial persons (save for the opening of their account books, which the state can Requisites of Valid Warrant 1. must be based upon probable cause 2. probable cause must be determined personally by the judge 3. the determination must be made after examination under oath or affirmation of the complainant and the witnesses he may produce. 4. it must particularly describe the place to be searched and the persons or things to be seized. Personal property which may be seized under Sec 2, rule 126 of the Rules on Criminal Procedure:

be used as a means of committing an offense Warrantless arrests (Rule 113, Sec. 5, 2000 Rules of Criminal Procedure) strictly construed as exception to general rule requiring judicial warrant: Rules of Court, Rule 113, Sec. 5. Arrest without warrant; when lawful.-- A peace officer or a private person may, without a warrant, arrest a person: (a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; (b) When an offense, has in fact just been committed, and he has personal knowledge of facts indicating that the person to be arrested has committed it; (c) When the person to be arrested is a prisoner who has escaped from a penal establishment of place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another. Valid warrantless searches are limited 1. customs and searches 2. searches of moving vehicles 3. seizure of evidence in plain view 4. consent searches 5. searches incidental to a lawful arrest 6. stop and frisk. Chapter 11: Liberty and Abode of Travel Art. III, Sec. 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law. The liberty guaranteed by this provision includes (1) freedom to choose and change one's place of abode and (2) freedom to travel both within the country and outside. Limitation on liberty of abode: lawful order of the court by administrative authorities, such as passportofficers, but only the grounds given above.