ARTICLE III BILL OF RIGHTS

Section 1
1. The seat of police power
Title
Keywords
MMDA
Open Neptune Street
V. BEL
AIR
VILLAGE

2. Hierarchy of rights
Title
Keywords
PHILIPPINE
Strike
BLOOMING
MILLS
EMPLOYEES
ORGANIZATION
V. PHILIPPINE
BLOOMING
MILLS CO.M
INC

Doctrine
MMDAs powers are
limited to:
1. Approving
metrowide,
plans,
programs and
projects
2. Issuing rules
and
regulations
3. Annual
budget
4. RR -> Not an
LGU so no
legislative
power

Doctrine
Primacy of human
rights over
property rights
Property rightsThere should be a
reasonable relation
between the law
and methods and
employed.
HR Grave and

DUNCAN
ASSOCIATION
V. GLAXO
WELLCOME
PHILIPPINES

Glaxo

STAR PAPER
CORPORATION
V. SIMBOL

Marriage between
employees in the same
company

imminent danger
Exercise of mgt
prerogative in
order to secure
trade secrets,
strategies, etc reasonable
Not a reasonable
requirement no
danger

3. Procedural due process: judicial and administrative

Title
Keywords
Doctrine
BANCO ESPAOL I did not receive summons
- due process
FILIPINO V.
as applied to
PALANCA
a judicial
proceeding
(reqs)
- mortgage
notice is
needed if
ONLY
nonresident
FABELLA V.
Teachers on strike
- reqs in
COURT OF
admin
APPEALS
proceeding
- magna carta
- rep
impartial
tribunal
NON V. JUDGE
Rally of students
Rights to free
DAMES
speech and
assembly are
recognized but scool
has the right to
discipline especially

LAO GI ALIAS
CHIA, JR. COURT
OF APPEALS

PEOPLE V.
NAZARIO

CORONA V.
UNITED HARBOR
PILOTS

ARMY AND NAVY

CLUB V. COURT
OF APPEALS

If there is disruption
of classes and
others rights are
affected.
Citizenship acquired through Deportation
fraud
proceedings are not
criminal in nature
but extraordinary so
there should be due
process
Fish ponds
- void for
vagueness
(lessee v.
manager)
- vague
statutes are
repugnant to
the
Constitution
bec of 2
reasons
(conduct to
be observed
+ unbridled
discretion to
PO)
Shortened license
Employment is a
right to property.
Substantive and
procedural due
process should be
observed
Historical landmark
There is a
prescribed
procedure for
transforming

SUMMARY
Conduct of unbecoming
DISMISSAL
officer
BOARD V.
TORCITA
ESTRADA V.
Plunder law
SANDIGANBAYAN

GONZALES V.
NLRC AND
ATENEO DE
DAVAO

Removal of teacher because

of corporal punishment
performed

4. Substantive due process

Title
Keywords
UNITED
Slaughtering of carabaos
STATES V.
TORIBIO

YNOT V.
Transport carabaos
INTERMEDIATE
COURT OF
APPEALS
CHURCHILL V.
RAFFERTY

Annoying billboard

PEOPLE V.
FAJARDO

Construction of a building
without permit

properties.
Due process
notified of offense

Congress does not

have to define
everything. Void for
vagueness and
overbreadth
explained
Due process for
termination: twin
notice and right to
participate in
investigation

Doctrine
Valid use of PP
carabaos for agricultural
work. Reasonable
restraint to protect
community from loss
Unreasonable because
there is no threat. As
may see fit distribution
by the chairman of
National Meat
Offensive advertisement
is subject to PP. State
has duty to promote
healthy social and
economic condition
PP shall not divest
owner of beneficial use

and practically
confiscate
ACEBEDO
Too many conditions for
LGUs are vested with
OPTICAL CO. V. business permit
legislative powers.
COURT OF
Business permit v.
APPEALS
license
LAWRENCE, ET Homos caught having sex
They are free to act as
AL. V. TEXAS
adults to engage in
private conduct. No
legitimate state interest
ERMINTAMotel regulation reg forms Valid exercise of PP to
MALATE
curb immorality. Not
HOTEL AND
arbitrary not oppressive.
MOTEL
OPERATORS V.
CITY OF
MANILA
CITY OF
Prohibited establishments
- Requirements of
MANILA V.
a valid ordinance
JUDGE LAGUIO
- Regulate not
prohibit
WHITE LIGHT
Wash rates
Rights of others are
CORPORATION
affected. Reqs of valid
V. CITY OF
exercise of PP
MANILA
BALACUIT V.
Half price for children
No PI is served unduly
CFI
oppressive to business.
Ascertaining age is
difficult
MAGTAJAS V.
Casino in Cagayan
Gambling is not illegal
PRYCE
per se and is not a
PROPERRTIES
justiciable controversy.
Reqs for a valid
ordinance
BENNIS V.
Car sex
Lawful taking because it
MICHIGAN
arises from a crim

CRUZAN V.
DIRECTOR,
MISSOURI
DEPARMENT
OF HEALTH, ET
AL
BELTRAN V.
SECRETARY OF
HEALTH

Euthanasia

Incompetent state
cannot be substituted by
judgment

Commercial blood banks

MANALO V.
PNP CHIEF

Restrictive custody and

monitored movements

Valid exercise of PP
right to health.
Promotion of public
health more superior
than bb interests
Restraint of liberty must
be in nature of an illegal
and involuntary
Overbreadth means
non reasonable

LUCENA
Only one terminal in Lucena
GRAND
CENTRAL
TERMINAL, INC
V. JAC LINER
INC
5. Equal protection of law
Title
Keywords
PEOPLE V.
Non-Christian drinker
CAYAT
DUMLAO V.
COMELEC
GOESART V.
CLEARY

Retire, cannot run

ORMOC SUGAR
CENTRAL V.
ORMOC CITY
SISON, JR. V.

Tax imposed on one

company only

Doctrine
EPC reqs. Salus
populi suprema est
lex
Merely charged v.
convicted
Not full length of
prohibition since
only wives and
daughters
Not able to meet
future conditions

Taxing professional

Substantial

Female bartenders

ANCHETA

differently

HIMAGAN V.
PEOPLE

Preventive suspension for

PNP for 90 days

PHIL. JUDGES
Franking privileges
ASSN V. PRADO
TIU V. COURT
OF APPEALS

SEZ

DE GUZMAN, JR
ET AL. V.
COMELEC

Reassignment of election
officers

PHILIPPINE
Married fired
TELEGRAPH
AND
TELEPHONE CO.
V. NLRC
INTERNATIONAL Equal pay for equal work
ALLIANCE V.
QUISIMBING

PARREO V.
COA

No more retirement pay for

AFP

distinction
between
professionals and
businessmen
Reasonable: PNP
carries weapons
and badges
Discriminative:
withdraw from all
branches
Substantial
difference to lure
investors inside
Valid classification
to insure
impartiality in
elections
Labor code
prohibit
discrimination
based on marriage
Invalid
classification.
Dislocation factor
and security of
tenure
compensated
through other
priviliges
Retirement pay of
military personnel
are purely
gratuitous.
Substantial
distinction

CENTRAL BANK
EMPLOYEES V.
BANGKO
CENTRAL

Central bank employees

salaries

SERRANO V.
GALLANT
MARITIME
SERVICES
BRITISH
AMERICAN
TOBACO V.
CAMACHO
QUINTO AND
TOLENTINO V.
COMELEC

Illegally discharged OFW

Valid initially may

become void
another time due
to altered
circumstances
Entitled to
unexpired portion

Diff taxes for cigarettes

Simplification and
uniformity

Appointive v. elective

Farinas
reasonable
classification
elective can
participate in PP
and appointive
cannot

Section 2
1. When instruction is a search
Title
Keywords
VALMONTE Checkpoints are not illegal
V.
per se
GENERAL
DE VILLA

PEOPLE V.
ESCANO

Checkpoint COMELEC gun

ban

Doctrine
Not illegal
especially under
exception
circumstances
lives and safety.
Limited to visual
search
Directing
flashlights without
opening car doors

2. Cases: Requisites of a valid warrant

Title
Keywords
Doctrine
ALVAREZ V. Search for accounting books, Particularity of
CFI
documents and papers
description to
prevent fishing
expedition
PEOPLE V.
John Doe search warrant
Valid description
VELOSO
must be sufficient
to enable the
arresting authority
to identify the
person
SOLIVEN
Libel against Cory
Personal
MAKASIAR
determination and
not examination
PLACER V.
Fiscals report is not binding Issuance of
VILLANUEVA
warrant is
discretionary and
not ministerial
STONEHILL
General warrants
Particular
V. DIOKNO
acts/things to be
seized or else,
fishing expedition
CENTRAL
Unauthorized banking
Specific
BANK V.
transaction v.
MORFE
individuals
involved
COLUMBIA
Pirated video cassettes
Comparison of
PICTURES V.
original and master
COURT OF
is not necessary
APPEALS
BURGOS,
We Forum
In determining
SR. V. CHIEF
WON a search
OF STAFF,
describes the
AFP
premises, PK is

PEOPLE V.
TEE

Undetermined of marijuana

PEOPLE V.
DEL NORTE

Irregularity of SW

3. Bank secrecy
Title
Keywords
MARQUEZ Bank secrecy law
V. HON.
ANIANO
A.
DESIERTO
4. Warrantless searches
Title
Keywords
PEOPLE V.
Alighting from bus
ARUTA
NOLASCO V. Incidental to lawful arrest
PAO
PAPA V.
MAGO
PEOPLE V.
CFI

PNP deputized by Customs

Dodge car chase

PEOPLE V.
Deep penetration agents
LO HO WING
CABALLES V.
COURT OF
APPEALS

Kakawati leaves

important
Nature of the
goods require
general description
Mistakes in SW do
not invalidate the
same provided
that the place is
properly described

Doctrine
Requirements for
exception

Doctrine
Merely crossing
the street no PC
Can only be made
upon the person
Exclusionary rule
Not valid to houses
Motor vehicle PC
need not be
proved
Probable cause
through
surveillance teams
Routine searches
are ok but beyond
whats viewable is

OBRA V.
Truck moving into mining
COURT OF
site
APPEALS
PEOPLE V.
Caucasian with MJ
MALMSTEDT
ROAN V.
GONZALES

Wrong guns

PEOPLE V.
TABAR
AIAG JR. V.
COMELEC

Aunt-nephew
Batasan checkpoint

PEOPLE V.
TUDTUD

MJ in King Flakes box

VERONIA
SCH DIST.
47J V.
ACTON

Student athletes

PEOPLE V.
Mj plant under surveillance
COMPACION

PEOPLE V.
VALDEZ
PEOPLE V.
DE GRACIA

Based on tip of informer

plant
Eurocar building

BOARD OF

Urine test for extra

not
Estensive search PC
In flagrante delicto
lawful arrest so
lawful search
Search warrants
should not be
based on mere
hearsay
waiver
In the absence of
PC, PNP cannot
extensively search
Merely unloading
arrest must come
first before search
Lack of PC can be
justified by special
needs to prevent
drug use among
students
Mere passive
conformity does
not equate to
waiver. Requisites
of a waiver
Lawful every
before plain view
No warrant
justified by
exigencies
(rebellion)
Degree of intrusion

EDUCATION curricular activities

V. EARLS, ET
AL
SOCIAL
Mandatory drug test
JUSTICE
SOCIETY V.
DANGEROUS
DRUGS
BOARD

is minimal

VALID:
School loco
parentis
Offices privacy is
circumscribed by
company policies
INVALID
Candidates list of
qualification is
exclusive
Charged - SI

5. Searches and seizures of whatever nature and for whatever purposes

Title
Keywords
Doctrine
MATERIAL
Court order
Allowed in court to
DISTRIBUTORS
provide items not
V. NATIVIDAD
privileged (papers
and evidence)
CAMARA V.
Housing Code
Not valid because
MUNICIPAL
it leaves occupants
COURT
subject to
discretion of
officers. Valid
search warrant can
be obtained to
achieve goal
6. Warrantless arrests
Title
Keywords
IN RE: UMIL, Arrested while confined in
ET AL. V.
the hospital
RAMOS
PEOPLE V.
Buy bust operation

Doctrine
Valid arrest for
Rebellion is a
continuing crime
Buy bust

DELA CRUZ

PEOPLE V.
AMINUDIN

Arrested after alighting from

a ship based on a tip

PEOPLE
Pedophiles
V.DEFENSORSANTIAGO

operations are
prone to abuse but
hey have been
recognized to be
effective. In
situations like this,
the officers catch
the malefactor in
flagrante delicto.
Mere information
does not amount
to PC. He was not
in flagrante delicto.
They should have
secured a WoA.
A warrantless
arrest can be
affected when an
offense has been
committed and the
police officer has
personal
knowledge of facts
indicating that the
person to be
arrested
committed it. The
rule that only a
judge may issue
valid warrants
does not apply to
deportation
proceedings, as the
same is not a
criminal procedure
but a preventive

PEOPLE V.
SUCRO

Selling MJ in chapel

PEOPLE V.
RODRIGUEZA
PEOPLE V.
BAGISTA

Mistake in buy bust

operation
Arrested bus like Malmstedt

PEOPLE V.
MENGOTE

Looking from side to side

GO V. COURT
OF APPEALS

Murder on a one way street

PEOPLE V.

1AM killing 7PM arrest

measure that is
administrative in
character.
Police officers have
PK of he actual
commission of the
crime when they
had earlier
conducted
surveillance
activities of the
accused. in
flagrante delicto
(2m)
Arrest on the spot
and not after
Extensive searches
of moving vehicles
are allowed
provided that
there is PC that
they will find the
instrumentality or
evidence to a
crime in the
vehicle.
It does not
constitute any
offense and there
was no PK
Arrest must
immediately follow
the commission of
the crime (6 days is
too long)
Personal

MANLULU

PEOPLE V.
BOLASA

PEOPLE V.
ESCORDIAL

PEOPLE V.
JAYSON

Policemen peeping through

window

Arrest in basketball court

Ihaw-ihaw club

PEOPLE V.
Estopped from questioning
SALVATIERRA arrest
PEOPLE V.
HERNANDEZ

Failure to file for motion to

quash before arraignment

7. Entrapment
Title
Keywords
PEOPLE
entrapment
V. DORIA

knowledge v.
personal gathering
of information
Illegal arrest
because
surveillance must
have been
conducted first
before entering or
peeping
Since arrest was
done after a week,
WOA should have
been secured.
Crime has been
committed and
arresting officer
had personal
knowledge
This should be
raised before
entering plea
WAIVER

Doctrine
Instigation is
prohibited while
entrapment is
generally allowed.
Objective test did
the arresting
officers conduct
themselves within
persmissible

bounds?
8. Cases: Stop and Frisk
Title
Keywords
TERRY V. Walking back and forth
OHIO

MALACAT Muslim fast eyes

V. COURT
OF
APPEALS
PEOPLE
Shabu in zest-o box
V. CHUA

Doctrine
Reasonableness of stopand-frisk is determined
based on the circumstances
of the case
Invalid: not suspicious

Two reqs for in flagrante

delicto:
- person to be
arrested must
execute an overt act
indicating that he
had
just/actually/attemp
ting to commit
- overt act is done in
the presence or
within the view of
the arresting officer
No overt maifestation

Section 3
1. Exclusionary rule
Title
Keywords
PEOPLE V.
Package of mj
MARTI

Doctrine
When a private
individual violates
another persons

RAMIREZ V.
COURT OF
APPEALS

Recoding conversation

SILAHIS
Marijuana in union office
INTERNATIONAL
V. SOLUTA

right to privacy,
the evidence
obtained
therefrom is
admissible but he
shall be held civilly
liable under Art 32
of the Civil Code
No distinction as to
whether that party
ought to be
penalized ought to
be party other
than or different
from those
involved in the
communication.
Use of telephone
extension does not
violate RA 4200.
Damages can be
recovered from
private individuals
under the civil
code

2. Waiver of rights under Secs 2 and 3

Title
Keywords
Doctrine
PEOPLE
Maid allowed entry
Waiver can be
V.
done only by a) the
DAMASO
person whose
rights were injured
and b) one who is
expressly
authorized
SPOUSES Qualified consent
Just because items

VEROY V.
LAYAGUE

PEOPLE
Heard gunshots
V.
EVARISTO

OKABE V.
JUDGE

Bail not a bar to question

illegal arrest

were allegedly
subject to an
offense mala
prohibit it does not
mean that the
same can be
summarily seized
without a valid
warrant.
Plain view since
there was consent
for entrance. The
discover of the
firearms were
incidental.
Provided that
claim is raised
before please, bail
is not a bar to
question illegal
arrest.

Section 4
1. Prior restraint
Title
Keywords
NEAR V.
Session laws ban scandalous
MINNESSOTA
criticism of public officials
(Sat press)
NEW YORK
Pentagon Vietnam files
TIMES CO. V.
UNITED STATES
FREEDMAN V.
Maryland State Board of
MARYLAND
Censors

Doctrine
It amounts to prior
restraint, a form of
censorship.
Exception: national
security
The burden of
proving that the
film is unprotected
expression must

AYER
PRODUCTIONS
PTY. KTD. V.
JUDGE
CAPULONG

EDSA documentary

EASTERN
DYRE radio station
BROADCASTING (subversive)
V. DANS, JR

rest on censorship
Limited intrusion to
a persons privacy
is permissible when
a) he is a public
figure) and the b)
information sought
to be elicited
constitute matters
of a public
character.
Clear and present
danger and
balancing of
interests
- no clear and
present
danger
- intrusion is
fairly
reasonable
All forms of media
are entitled to the
protection of the
freedom of speech
and expression
clause. Clear and
present danger
may be applied to
test the limits of
free speech
although it is not an
all embracing
interpretation that
is applicable to all

ALEXANDER V.
UNITED STATES

Selling porn

NEWSOUNDS
Mayors permit as a tool for
BROADCASTING prior restraint
V. DY

2. Subsequent Punishment
Title
Keywords
GONZALES V.
Standards to test the
COMELEC
validity of a rule
curtailing the
freedom of speech

utterances in all
forums.
Prior restraint is
used to describe
the administrative
and judicial orders
forbidding
communication
when issued in
advance of the time
that such
communications
are to occur.
LGUs are
empowered but PR
should be contentneutral (time,
place, manner, and
under well-defined
standards)
Content-based
subject matter
Strict Scrutiny will
aplly since it is used
to assess contentbased regulations.

Doctrine
Dangerous
tendency:
permits the
application of
restrictions
when a) there
is a rational

PEOPLE V. PEREZ

Bolo

connection
between the
speech and the
danger
apprehended
and b) the
tendency of
one to create
the other is
shown
Clear and
present danger
whether the
words are used
in such
circumstances
and are of such
a nature as to
create a clear
and present
danger
Balancing of
interest test
where there is
a judicial
balancing of
the conflicting
social values
and individual
interests
competing for
ascendancy in
legislation that
restricts
expression
Unlawful

DENNIS V. UNITED
STATES

Communist Party of
the US

UNITED STATES V.
OBRIEN

Destroying selective
service registration
certificate

BLUE RIBBON
COMMITTEE V.
HON. JOSE B.
MAJADUCON

Gross ignorance of
the law

because using
the seditions
words were
used
Free discussion
v. violent and
unlawful
advocacy
Right to free
speech and
non-speech
elements are
combined in
the same
course of
conduct, a
sufficiently
important
government
interest in
regulating the
non-speech?
element can
justify
incidental
limitations.
Publications
exercise
discretion as to
what materials
would be
published,
provided that
the same are
relevant to
public interest.

3. Speech and electoral process

Title
Keywords
Gonzales V.
RA 488 campaign period
COMELEC

SANIDAD V.
COMELEC

Restraint on discussing
plebiscite matters

NATIONAL
PRESS CLUB V.
COMELEC

Banning of political ads

ADIONG V.
COMELEC

Banning of stickers

Doctrine
RA could have
been more
narrowly drawn
and the practices
prohibited more
precisely to satisfy
the constitutional
requirements as to
a valid limitations
(vague)
Free discussion of
the issues
pertaining to a
plebiscite must, in
fact, be
encouraged rather
than curtailed as to
allow the voters to
cast enlightened
and well-informed
votes.
Regulation of
speech during
election campaign
is too general in
terms or not
limited in time and
scope in its
application
No adequate
governmental
interest. It also
strikes at the

ABS-CBN
Exit polls
BROADCASTING
CORPORATION
V. COMELEC

SOCIAL
WEATHER
STATIONS V.
COMELEC

Banning of election surveys

4. Commercial speech

freedom of the
individual to
express his
preference of
support.
Interviewees are
selected at random
and the survey is
not meant to
replace the official
COMELEC count,
and the credibility
and integrity of the
election is not a
stake because it is
an exercise
separate and
independent of the
same
Power of COMELEC
is limited to
ensuring equal
opportunity, time,
space, and the
right to reply, as
well as uniform
and reasonable
rates of charges,
for the use of
media facilities for
public information
campaigns and
forums among
candidates.

Title
CENTRAL HUDSON
GAS & ELEC. CORP
V. PUBLIC SERVICE
COMMN

Keywords
Ban on advertisement
promoting the use of
electricity (Overbreadth)

PHARMACEUTICAL
V. SECRETARY PF
HEALTH
CTY OF LADUE V.
GILLEO

Ban on advertisement
promoting breast milk
substitutes
Banning of sisns in residence

5. Speech and the judicial process

Title
Keywords
RE: REQUEST
Rights of the accused
RADIO-TV
prevails when in conflict
COVERAGE OF
with freedom of speech
THE TRIAL IN THE
SANDIGANBAYAN
OF THE PLUNDER
CASES AGAINST
THE FORMER
PRESIDENT
JOSEPH E.
ESTRADA

Doctrine
Commercial
speech must
concern a lawful
activity and not be
misleading.
DOHs power is not
absolute.
Although cities
have a right to
regulate the
placement of signs,
they cannot
enforce an
Ordinance
selectively based
on the messages
contain in the
signs.

Doctrine
Live coverage
should be
prohibited in order
to protect the right
of the parties to
due process,
prevent the
distraction of the
proceedings, avoid
the miscarriage of
justice, and to
avoid prejudice
and pressure

IN RE: PETITION
TO ANNUL 98-702 SC

Prohibition on
demonstrations in the
vicinity of courts

UNITED STATES
V. GRACE

Unlawful display of flags or

banners outside the USC SC

IN RE: PETITION
FOR RADIO AND
TV COVERAGE OF
MULTIPLE
MURDER CASE
AGAINST ZALDY
AMPATUAN ET
AL

Ampatuan

6. Libel
Title
Keywords
POLICARPIO Inaccurate information
V. MANILA made it sounds worse

during the trial.

The judiciary is
empowered by the
Constitution to
promulgate rules
of procedure for
the purpose of
protecting rights.
Court grounds are
not transformed
into public forum
property merely
because the public
is permitted to
freely enter and
leave the grounds
anytime.
Public trial is not
synonymous to
publicized trial.
Due to massive
character of the
case, it would be
impossible to hold
the trial in a
courtroom that
can accommodate
all the interested
parties, as well as
the general public.

Doctrine
Newspapers must enjoy
a certain degree of

TIMES

LOPEZ V.
COURT OF
APPEALS

NEW YORK
TIMES CO.
V.
SULLIVAN

BORJAL V.
COURT OF
APEPALS

Hoax of the year

Defamatory article against

public official

Wenceslao defensive of a
blind item

discretion in determining
the manner in which a
given event should be
presented to the public
as a news item.
However, it must be:
- true and fair
- made in good
faith
- made without
comments and
remarks
Subsequent rectification
Newspapers should not
be held to account for
honest mistakes or
imperfection in the
choice of words to the
point of suppressing the
newspaper
Factual errors or the
effect of injuring official
reputation do not suffice
to justify the repression
of speech. Public officials
may not recover
damages for a
defamatory falsehood
relating to their official
conduct.
Qualified privileged
communication private
communication and fair
and true report without
comments or remarks
made

VASQUEZ V. Denounced Baragay

COURT OF
Chairman
APPEALS

TIME, INC.
V
FIRESTONE

Divorce

HUSTLER
MAGAZINE
V. FALWELL

Jerry Falwell talks about his

first time

JAL V.
SIMANGAN

JAL wrongly bumped

passenger off

7. Obscenity and indecency

Title
Keywords
MILLER V.
Test to determine obscenity
CALIFORNIA

He cannot dissociate
himself from public
scrutiny.
Even if a defamatory
statement is false, no
liability can attach, if it
relates to official
conduct.
Criteria for determining
civil liability in libel cases
- compensatory
awards must be
supported by
competent
evidence
- liability cannot be
imposed without
actual fault
Public officials or figures
cannot recover damages
for the tort of intentional
infliction of emotional
distress by reason of the
publication of a
caricature.
Constitutional guarantee
of freedom of speech
and of the press includes
fair commentaries on
matters of public
interest.

Doctrine
- Average
person

GONZALES V.
KALAW

Kapit sa patalim classified a

for adults only

applying
contempor
ary
community
standards
would find
the work
take as a
whole to
appeal to
the
prurient of
interests
- The work
depicts or
describes
patently
offense
sexual
conduct,
specifically
defined by
the
applicable
state law
- The work
taken as a
whole lacks
serious
literary,
political,
artistic or
scientific
value
Clear and present
danger rule

KATIGBAK

SORIANO V.
LAGUARDIA

Ang Dating Daan

BARNES V.
GLEN
THEATER

Nude dancing

F.C.C. V.
PACIFICA
FOUNDATION

Filthy words monologue

aired on radio

although the law

still frowns upon
obscenity
The exercise of
religious freedom
can be regulated
by the State when
it will bring about
the clear and
present danger of
some substantive
evil that the State
has a duty to
prevent.
It is public nudity
that is proscribed
and not nude
dancing. Objective
of the law is not
specifically
targeted against
erotic dancing per
se and the
restriction is
merely an
incidental limit
upon the said
expressive activity.
Obscenity is
different from
indecency.
Prurient appeal is
an essential
element in
obscene language
but it is not in

RENTON V.
PLAYTIME
THEATHERS

BETHEL SCH.
DIST. V.
FRASER

HAZELWOOD
SCHOOL
DISTRICT V.
KUHLMEIER
NO. 86-836

RENO V.

Zoning of porn theaters

Sexual innuendo in
campaign speech

Deleting articles in school

paper

Internet regulation

indecent language.
Indecency is
nonconformance
with accepted
standards of
society.
Regulations
enacted for the
purpose of
restraining speech
on the basis of its
content
presumptively
violate the
Constitution
(content-neutral is
accepted)
Determination of
what manner of
speech is
inappropriate in
school properly
rests with the
school board.
School facilities
may be deemed to
be public forums
only if school
authorities have,
by policy of by
practice opened
the same for
indiscriminate use
by the general
public.
Although

AMERICAN
CIVIL
LIBERTIES
UNION

ASHCROFT V.
FREE SPEECH
COALITION

Child pornography

UNITED
Regulating the surfing of
STATES, ET
porn in public libraries
AL. V.
AMERICAN
LIBRARY
ASSOCIATION,
INC. ET AL

8. Assembly and petition

Title
Keywords
NAVARRO V.
Sunken Garden as
VILLEGAS
alternative to Plaza Miranda

government has
interest in
protecting children
from potentially
harmful materials,
CDA pursues that
interest by
suppressing a large
amount of speech
that adults have a
constitutional right
to send and
receive.
Regulation of
speech on the
internet is a
problematic issue
considering the
rapid development
of cyberspace.
There is a very
The library
computers are
public property
made available to
the people and
thus the
government may
impose reasonable
regulations for
their ulization

Doctrine
Mayor as the
licensing authority

PBM
EMPLOYEES V.
PBM

Strike against Pasig Police

JBL REYES V.
MAYOR
BAGATSING

Anti-Bases Coalition rally

MALABANAN
V. RAMENTO

Rally in school premises

possesses
reasonable
discretion to
specify the streets
or public places to
be used for the
assembly.
Primacy of
freedom of speech
(redress) over
property rights
Free speech is
identified with the
liberty to discuss
publicly and
truthfully matters
of public concern
without censorship
or punishment.
There is freedom
of access to public
places which have
been held in trust
for the use of
purposes of
assembly to
communicate
between citizens.
Section 4 rights are
guaranteed for
students and their
exercise to discuss
matters affecting
their welfare or
involving public
interest cannot be

BAYAN V.
ERMITA

BP 880

subject to prior
restraint or
subsequent
punishment.
Permits should be
secured.
Content neutral
CPR has not valid
purpose

Section 5
1. Non-establishment of religion
Title
Keywords
AGLIPAY V. RUIZ
Sale of Eucharistic stamps

TARUC V. BISHOP

Excommunication

GARCES V.
ESTENZO

Wooden image of San

Vicente Ferrer

Doctrine
No religious
purpose.
Propaganda is
merely incidental.
Excommunication
of members of a
religious
organization is a
matter best left to
the discretion of
the officials, laws,
and canons of the
said organization
(ecclesiastical
matters are outside
the province of civil
courts)
Resolutions were
not issued on the
purpose of favoring
any religion nor did

SCHOOL DISTRICT
V. SCHEMPP

LEMON V.
KURTZMAN

Bible before class starts

Subsidy for teachers

it authorize the
allocation of public
funds for religious
purposes.
Government
should be neutral
when it comes to
religion, it cannot
favor any in
particular.
Objective study of
the Bible for
academic
purposes, such as
for its historic or
literary qualities
may be part of the
curriculum as a
secular activity.
Thus, not as a
religious exercise.
3 requisites for
statutes to be
consistent with the
NEC
- must have a
secular
legislative
purpose
- principal
effect of the
statute
must
neither
advance nor
inhibit

TILTON V.
RICHARDSON

Construction grants

religion
- statute
must not
foster
excessive
entangleme
nt of the
government
4 questions to
determine if
violation of NEC:
- does the act
reflect a
secular
legislative
purpose?
- Is the
primary
effect of the
Act to
advance or
inhibit
religion?
- Does the
administrati
on of the
Act foster
an
excessive
government
entangleme
nt with
religion?
- Does the
implementa
tion of the

ZOBREST, ET AL.
V. CATALINA
FOOTHILLS
SCHOOL DISTRICT

AGOSTINI, ET AL.
V. FELTON, ET AL

MITCHELL , ET AL.
V. HELMS, ET AL

Interpreter

Public school teachers for

remedial classes

Materials and educational

aids

ZELMAN,
Tuition aid for pilots
SUPERINTENDENT
OF PUBLIC
INSTRUCTION OF
OHIO, ET AL. V.

Act inhibit
free
exercise of
religion
Government
programs that
neutrally provide
benefits to a broad
class of citizens and
without reference
to religion. Child is
the primary
beneficiary.
Government is
allowed if based on
a neutral, secular
criteria that neither
favor nor disfavor
religion and more
importantly, is
made available to
both religious and
non-religious
beneficiaries on a
non-discriminatory
basis.
Aid that is offered
to a broad range of
groups or persons
without regard to
religion are valid.
Provide
educational
assistance to poor
students and
permitted

SIMMONSHARRIS, ET AL

COUNTY OF
ALLEGHENY V.
AMERICAL CIVIL
LIBERTIES UNION
CAPITOL SQUARE
REVIEW AND
ADVISORY
BOARD, ET AL. V.
PINETTE, ET AL

Christmas and Chanukah

ISLMAIC DA-WAH
COUNCIL V.
OFFICE OF THE
EXECUTIVE
SECRETARY

Halal food

SORIANO V.
LAGUARDIA

Ang Dating Daan

Ku klux klan

2. Free exercise of religion

Title
Keywords
CANTWELL V.
Jehovahs witnesses
CONNETICUT

participation of all
district schools,
whether religious
or non-religious.
Except for the
nativity

Private religious
speech is gully
protected under
the free speech
clause as secular
private expression.
Only the
prevention of an
immediate and
grave danger to the
security and
welfare of the
community can
justify the
infringement of
religious
Plain and simple
insults directed at
another person
cannot be elevated
to the status of
religious speech

Doctrine
Purpose of the
statute is to
protect the citizens

UNITED STATES V. I am St. Germain

BALLARD

AMERICAN BIBLE
SOCIETY V. CITY
OF MANILA

ANG LADLAD V.
COMELEC

EBRALINAG V.

Bible for sale

LGBT

Jehovas witnesses and the

against solicitation
from bogus
religious or
charitable
purposes
Freedom to believe
(absolute)
Freedom to act
(may be regulated)
Sale of bibles were
e not for business
or commercial
purposes but
rather for the
purposes of
dissemination and
the same cannot
be subject to the
procurement of a
license or permit.
Benevolent
neutrality
recognizes that
government must
pursue its secular
goals and interests,
but at the same
time, strive to
uphold religious
liberty to the
greatest extent
possible within
flexible
constitutional
limits.
Only justification

SUPERINTENDENT flag

EMPLOYMENT
DIVISION V.
SMITH

Peyote drug

LONG AND
ALMERIA V.
BASA, ET AL.

Expulsion from the Chuech

AUSTRIA V. NLRC

Pastor terminated from

service
Charitable v. religious

CENTENO-

for a restraint or
limitation upon
religious freedom
is the presence of
a clear and present
danger.
Free exercise
clause does not
relive one of the
obligation to
comply with a law
that incidentally
forbids (or
requires) the
performance of an
act that his
religious belief
requires (or
forbids)
Nature of religious
corporations are
different from
corporations
organized for
profit. Admission
to or
excommunication
form churches is a
matter left entirely
upon their
discretion and the
State has no
business in it.
Ecclesiastical affair
Religious purpose

VILLALONPORNILLOS
WISCONSIN V.
YODER

Amish

PAMIL V.
TELERON

Pries as municipal mayor

MCDANIEL V.
PATY

Minister in constitutional
commission

GOLDMAN V.
WEINBERGER
LEE, ET AL. V.
WEISMAN

Yarmulke
Prayer by clergy during
graduation

not covered
(religious
solicitation)
States claim of
parens patriae
cannot prevail over
free exercise of
religion.
Incompatible but
majority vote was
not reached
(should have not
beed DQd)
Statute asks to give
up religious
exercise for public
service - livelihood
Uniformity in the
military
a) not coerce
anyone to
support or
participate
in religion
or its
exercise
b) act in a way
that
establishes
a state
religion or
tends to do
so
Prayer exercises in
elementary
schools carry a

CHURCH OF THE
LUKUMI BABALU
AYE, INC., ET AL.
V. CITY OF
HIALEAH
LAMBS CHAPEL
ET AL. V. CENTER
MORICHES
UNION FREE
SCHOOL DISTRICT

Animal sacrifices

IGLESIA NI
KRISTO V. COURT
OF APPEALS

X-rating for Ang Inglesia ni

Kristo

ESTRADA V.
EXCRITOR

Clerk of court concubine

Film viewing after school

particular risk of
indirect coercion
Law is not neutral
because it is
actually targeting a
certain group.
Access to a nonpublic forum can
be based on
subject matter or
speaker identity,
provided that the
distinctions drawn
are reasonable and
viewpoint-neutral.
Mudslinging is
common to the
free market of
religious dogmas.
Said expressions,
no matter how
odious cannot be
curtailed
Benevolent
neutrality
- won the
right to
religious
freedom
has been
burdened
- won
respondent
is sincere in
his religious

belief

Section 6
1. Liberties of abode and of travel
Title
Keywords
MARCOS V.
Right to travel is different
MANGLAPUS from right to return to ones
own country

Doctrine
Presidents
residual powers.
Restrictions on
liberty of abode or
of changing the
same require court
order. The right to
travel may be
impaired or
regulated even by
administrative
agencies.

VALMONTE
V.
BELMONTE,
JR

GSIS loans

AQUINOSARMIENT V.
MORATO

MTRCB voting slips

GONZALES V.
NARVASA

PCCR

Section 7
1. Right to information
Title
Keywords
LEGASPI V.
Civil service eligibilities
CIVIL SERVICE
COMMISSION

Doctrine
Government
agencies are
without discretion
in refusing to
disclose
information of
public concern, as
they may only
impose reasonable
regulations on the

manner by which
the right may be
exercised.
Full public
disclosure.
However, the right
to information
does not confer
upon the citizens
the right to compel
agencies to
prepare litsts,
summaries and the
like
Right to privacy
belongs to the
individual acting in
his private capacity
and not to
government
agencies or
officers. The right
to information
cannot be made
contingent on the
discretion of the
agency charged
with the custody of
the official and
records sought.
Right to
information is
executing and may
be invoked by any
citizen. Code of
Ethical Conduct for

CHAVEZ V.
PUBLIC
ESTATES
AUTHORITY

Public bidding

PO provides that
public officials are
required to:
- respond to
letters sent
by the
public
within 15
days from
the receipt
therefor
- to ensure
the
accessibility
of all public
documents
for
inspection
by the
public
within
reasonable
working
hours
Right to
information does
not require the
contracts be first
consummated
before the right
may be invoked, as
the same also
contemplates
negotiations
leading to the
consummation.

HILADO V.
JUDGE REYES
BA-RA 7941
V. COMELEC

Access to court records

BA-RA 7941
V. COMELEC

Party list nominees

Right to
information
includes official
information
regarding on-going
negotiations
before final
contract provided
that there is a
definite
proposition by the
government.
Decisions and
opinions of a court
are matters of
public concern
because the same
are the authorized
expositions and
interpretation of
the laws. Exc
pleadings
No national
security concern or
the like is involved
in the disclosure of
the names of the
nominees of the
part list groups.
Prohibition in RA
7941 extends only
to the certified list
and there is
absolutely nothing
to prevent
COMELEC from

GUINGONA
JR. V.
COMELEC

May 2010 elections

disclosing the
names through
another medium.
Any citizen is a
party in interest
when the concern
of a petition is
anchored on
peoples right to
information. For
mandamus to be
successful:
- matter of
public
concern
- not among
those
exempted
by law

Section 8
1. The right to form associations
Title
Keywords
UNITED PEPSI Route managers
COLA
SUPERVISORY
UNION V.
LAGUESMA
2. Government employees
Title
Keywords
TUCP V.
Government employees
NHC
have a right to form unions

Doctrine
Managers act in
confidential
capacity.

Doctrine
Government
employees
generally do not
bargain for wages

SSS
strike
EMPLOYEES
V. COURT
OF
APPEALS
MANILA
Public school teachers on
PUBLIC
strike
SCHOOL
TEACHERS
V. LAGUIO
JR

because the same

are fixed in the
budget, but in
unionizing, they
acquire a from to
promote
professional and
self-development,
as well as serve as
watchdogs of their
own bosses.
The current
prohibition on
strike is only
statutory and may
be lifted by law.
Same

Section 9
1. Eminent domain: Definition, nature
Title
Keywords
BARDILLON RTC
V.
BARANGAU
MASILI

Doctrine
Expropriation suit does
not involve the recovery
of a sum of money but
deals with the exercise
by the government of
its authority and right to
take property for public
use, and such are:

ESTATE OF
JBL RYES V.
CITY OF
MANILA

Requirements

incapable of
pecuniary
estimation
- should be filed
with the RTC
regardless of the
value of
property
Order of priority in the
acquisition of land for
socialized housing:
- those owned by
the government
- alienable lands
of the public
domain
- unregistered,
idle, or
abandoned
lands
- those within
declared areas
of priority
development,
zonal
improvement,
slum
improvement,
and
resettlement
program sites
- BLISS that have
not been
acquired
- Privately owned
lands

2. Elements of taking
Title
Keywords
REPUBLIC V. VDA. AFP lease contract
DE CASTELLVI

CITY
GOVERNMENT V.
JUDGE ERICTA

6% of memorial parks

UNITED STATES V.
CAUSBY

Aircraft at low altitudes

PEOPLE V.
FAJARDO

View of the plaza

REPUBLIC V. PLDT

Trunk lines

Doctrine
- enter property
- permanent or
indefinite period
- entry should be
under warrant of
color of authority
- public use
- utilization must
be to an extent
as to oust the
owner and
deprive him of all
beneficial
enjoyment
thereof
The power to regulate
does not include the
power to prohibit or
confiscate
If he could not use his
land for any reasonable
purpose, such is already
equivalent to
government entering it
and taking it
Confiscation and
deprivation of property
without just
compensation
Real property may
though expropriation be
subjected to an
easement of right of

NPC V. JOCSON

Procedure for deposit

DIDIPIO EARTH
SAVERS V.
SECRETARY

Mining act

BENNIS V.
MICHIGAN

Car sex

PENN CENTRAL
Landmark site
TRANSPORTATION

way, provided that the

property is subjected to
a burden for public use
and benefit. The State
may in the interest of
national welfare,
transfer utilities to public
ownership upon
payment of just
compensation.
Discretionary value v.
assessed value court
decides
Taking may include
- trespass without
actual eviction of
the owner
- material
impairment o the
value of the
property
- prevention of the
ordinary uses for
which the
property was
intended
- establishment of
an easement of
right of way
Government is not
required to compensate
the owner of the
property it has lawfully
taken.
No taking but only
regulation

CO. V. NEW YORK

CITY
3. Public use
Title
Keywords
SUMULONG V.
Socialized housing
GUERRERO

PROVINCE OF
CAM. SUR V.
COURT OF
APPEALS
MASIKIP V. CITY
OF PASIG

DAR approval

Sports and recreational

facility

MACTAN CEBU
Lahug Airport ceased to
INTERNATIONAL exist
AIRPORT V.
LOZADA, JR

Doctrine
Socialized housing
falls within the
confined of public use
economic
opportunities linked
with low-cost
housing, slum
clearance, relocation
and resettlement.
LGUs are allowed but
it does not require
approval of DAR.
Right of taking
private property for
purposes
- necessarily
originates
from the
necessity
- the taking
must be
limited to said
necessity
Taking of PP is always
subject to the
condition that the
property be devoted
to the specific public
purposes for which it
was taken

V. GSIS
4. Just compensation
Title
Keywords
EPZA V.
Determination of amount of
DULAY
just compensation is a
judicial function

CITY OF
MANILA V.
ESTRADA

MADDUMBA

Doctrine
In estimating the market
value:
- capabilities of the
property
- uses to which the
property may be
applied
- uses to which the
property is
adapted
- condition it is in at
the time of the
taking
- surroundings of
the property
- imrprovements on
the property
Courts are not bound by
the Commissioners
report. Final
determination of just
compensation is
incumbent upon the
courts.
Difficulty with computing for Market value means the
the market value
sum of money which a
person, desirous but not
compelled to by and an
owner willing but not
compelled to sell, would
agree on as a price to be
given and received.
Land Bank bonds
Compensation may be in

NATIONAL
At what point should just
POWER
compensation be taken
CORPORATION
V. COURT OF
APPEALS

MERALCO V.
PINEDA

Board of Commissioners

the form of Land Bank

Bonds which entails
sacrifice on the part of the
landowners. To allow
government to discounts
the value of the bonds
would augment the
sacrifice of the
landowners and the said
bonds may be accepted at
face value.
As of the date of filing of
the complaint. But if
- entry took place
before filing and
because of which
value of property
increased, value of
the property
during the taking.
15% DP before entry to
property can be affected
2 stages in expropriation
proceedings:
- determination of
a) the authority of
the plaintiff to
exercise the power
of eminent
domain and b) the
propriety of its
exercise
- determination of
the just
compensation of
the property

LAND BANK V.
SPOSES
ORILLA

Prompt payment

5. Judicial review
Title
Keywords
DE KNECHT EDSA extension into
V.
residential area
BAUTISTA
REPUBLIC
BP 340
V. DE
KNECHT
MANOTOK PDs making expropriation
V.
automatic
NATIONAL
HOUSING
AUTHORITY

sought to be taken
which is done with
the assistance of
not more than 3
Commissioners
BOC - mandatory
Immediate deposit and
release to the landowner
of the provisional
compensation
determined by DAR. It
also encompasses the
payment in full to the
landholders as finally
determined by the courts.
Thus, it cannot be said
that there is prompt
payment when there is
partial payment.

Doctrine
Courts can review
if there is GADLEJ
in any case of
eminent domain
There is already
justification if
there is law
Basis is necessity
which is public of
character

Section 10
1. The Contract Clause before the 1935 Constitution
Title
Keywords
Doctrine
HOME
Mortgage Moratorium
Since impairment of
BUILDING
the obligation of
AND
contracts is
LOAN
necessarily an exercise
ASSN V.
of PP, the standards of
BLAISDELL
substantive due
process are applicable
(reasonable, not
arbitrary or
oppressive)
-> Emergency
RUTTER
8 year Moratorium law
Limitations:
V.
- impairment
ESTEBAN
should only
refer to the
remedy and
not to a
substantive
right
- propriety of
remedy should
be considered
Changes in remedies
available for the
enforcement of a
mortgage may not be
pressed so far as to
cut down the security
of the same without
moderation or reason,
even when the public
welfare is invoked as
an excuse.

ORTIGAS EDSA lot

& CO. V.
FEATI
BANK
JUAREZ V. Rental regulations
COURT OF
APPEALS

PP exercised so zoning
is valid

As long as contracts
affect the public
welfare, PP must be
asserted and the same
will prevail over
contract clause in the
absence of
arbitrariness.

Section 12
1. Rights under Section 12: Origins and rationale
Title
Keywords
Doctrine
MIRANDA
Rules for custodial
V. ARIZONA
investigation
1. The person
must be warned
that he has a
right to remain
silent
2. That statements
he make may
be used as
evidence
against him
3. That he has the
right to the
presence of an
attorney, either
retained or
appointed

4. That he may
waiver
effectuation of
these rights,
provided the
waiver is made
voluntarily,
knowingly,
willingly, and
intelligently
5. There can be no
questioning, if
he indicates, in
any manner and
at any stage of
the process,
that he wishes
to consult with
an attorney
before speaking
6. The police may
not question
him, if the
individual is
alone and
indicates, in
anymanner,
that he does
not wish to be
interrogate
7. The mere fact
that he may
have answered
some questions
or volunteered
some

statements on
his own does
not deprive him
of the right to
refrain from
answering any
further
inquiries, until
he has
consulted with
an attorney and
thereafter
consents to be
questioned
MAGTOTO
Prospectivity not
V.
retroactivity
MANGUERA
PEOPLE V.
Updated rules
MAHINAY

Not covered if
before effectivityy
1. The person
arrested,
detained, invited,
or under
custodial
investigation
must be
informed, in a
language known
to and
understood by
him, of the
reason for his
arrest and must
be shown the
warrant of arrest,
if any
a. He must be
warned that he
has a right to

remain silent and

that any
statement he
makes may be
used as evidence
against him
b. He must be
informed that he
has a right to be
assisted, at all
times, and have
the presence of
an independent
and competent
lawyer,
preferably of his
own choice
c. That if he has no
lawyer or cannot
afford the
services of a
lawyer, then one
will be provided
for him
d. He must be
informed that,
whether or not he
has a lawyer, no
custodial
investigation can
be conducted,
except in the
presence of
counsel or after a
valid waiver has
been made

2. Jech Tiu Block C

3.
a. He must be

b.

c.

d.

e.

informed that, at
any time, he is
allowed to confer
with his lawyer,
immediate
family, priest or
minister, or be
visited or confer
with duly accredit
national or
international
NGOs
He must be
informed that he
may waive the
said rights
voluntarily,
knowingly, and
intelligently
That should he
waive his right to
a lawyer, it must
be made in
writing and in the
presence of
counsel,
otherwise, the
waiver will be
void
He must be
informed that he
may refuse, at
any time or stage
of the process, to
answer any
question
He must be
informed that
that any previous

f.

2. When the rights become available

Title
Keywords
PEOPLE V.
Grandma killer
TAYLARAN

or initial waiver
of such rights is
not a bar to
invoking them
again at any time
during the
process,
regardless of
whether he may
have answered
some questions
or volunteered
some statements
He must be
informed that
any statement or
evidence
obtained in
violation of such
rules, whether
inculpatory or
exculpatory, is
inadmissible in
evidence against
him

Doctrine
It is but natural for
one who
surrenders to the
police to give
reason or
explanation for his
act of his
surrendering (Not
yet CI)

PEOPLE V.
MARCOS

Witness

PEOPLE V.
RAPEZA

Illiterate

PEOPLE V.
JUDGE
AYSON

PAL investigation

PEOPLE V.
MARRA

Spontaneous statement

PEOPLE V.

Sinumpaang Salaysay

Constitutional
guarantee of
Section 12 does
not apply when
not under police
custody
Requisites for
extra-judicial
confession to be
admissible (RA
7438)
Miranda Rights
only apply to
persons under CI
for the commission
of offenses.
Section 12
operates only after
investigation cease
to be a general
inquiry into an
unsolved crime
and begins to focus
on a particular
suspect, such that
the suspect is
taken into custody,
and the police
carries out a
process of
interrogations that
lends itself to
eliciting
incriminating
statements.
Section 12 rights

MAQUEDA

PEOPLE V.
Miranda rights are personal
BALLISTEROS

do not cease just

because a criminal
complaint or
information has
been filed. It also
applies to person
not in custody at
any time prior to
arraignment.
However,
admissions to
prosecutor can be
admitted.
An extra-judicial
admission or
confession made
by the confessant
in violation o the
Miranda rights is
inadmissible in
evidence against
him.

3. Police line-ups; paraffin test; signature

Title
Keywords
Doctrine
GAMBOA
Vagrancy
Police line-up is
V. JUDGE
not a part of
CRUZ
custodial inquest,
and so no right to
counsel attaches
yet. However, the
moment that there
is even a slight
move to elicit
information as in
an accusatory

PEOPLE V.
LOVERIA

PEOPLE V.
HATTON

PEOPLE V.
FRAGO

process, then the

accused should
then be assisted by
counsel.
Hold-up
Right to counsel of
a person under
custodial
investigation
cannot be invoked
until such time
that the police
investigators start
questioning,
interrogating, or
exacting a
confession from
the person under
investigation.
Police line-up may be part of Wade: Presence of
CI
counsel is
indispensable in a
post-indictment
line-up when the
accused had
already been
arrested and a
lawyer already
appointed to
represent him
Invoking Hassan
General rule:
Police line-ups are
not part of CI
because the
accused is not
asked questions
nor is any

PEOPLE V.
GAMBOA

Paraffin test

PEOPLE V.
Marked money v. marijuana
LINSANGAN sale

PEOPLE V.
DE LAS
MARIAS

Receipt signed by the

accused

information
elicited from him.
Basically, he has
just to be
identified. But the
moment he is
interrogated or
asked questions
pertaining to the
crime, the right to
counsel attaches.
Extend only to
testimonial
compulsion, not
when the body of
the accused is
examined.
Law enforcers are
presumed to have
performed their
duties in a regular
manner in the
absence of
convincing
evidence to the
contrary
Violation because
it had the effect of
an extra-judicial
confession of the
commission of the
offense. Signing
the receipt is
practically
admitting
possessing certain

PEOPLE V.
ENQIQUE
PEOPLE V.
BANDIN

Signed MJ sticks
Booking sheet

articles in
connection with an
offense.
Violation
Signing does not
admit the
commission of an
offense nor
confess to any
incriminating
circumstance.

4. Right to counsel
Title
Keywords
ESTACIO V.
Last minute arrival of lawyer
SANDIGANBAYAN

PEOPLE V. DE
JESUS

PEOPLE V.
BOLANOS

When the right to counsel

accrues

Confession on board police

jeep

Doctrine
Valid although not
applicable
anymore because
counsel must be
present in all
stages.
Right to counsel
attaches upon the
start of the
custodial
investigation,
when the
investigating
officer starts to ask
questions to elicit
information or
confessions from
the accused.
From the moment
accused is in any
way significantly

PEOPLE V.
LUCERO
PEOPLE V.
PAROJINOG

Lawyer left during

investigation
Choice of lawyer

PEOPLE V.
PAMON

Lawyer appointed by
investigator

PEOPLE V.
BAELLO

Could not afford

PEOPLE V.
AGUSTIN

Lawyer foisted upon

accused

deprived of liberty,
he cannot be asked
question unless he
is assited by
counsel
Effective and
vigilant counsel
Person under
investigation may
choose his counsel
but if he cannot
afford the services
of counsel, he
must be provided
with one.
When the counsel
has been
appointed by the
investigator with
the conformity of
the confessant, the
latters confession
is valid and binding
upon him.
Every lawyer is
presumed to have
knowledge of the
law as well as the
training in
procedure.
The party to be
investigated has
the final choice of
counsel and may
reject the counsel
chosen form by the

PEOPLE V.
GUILLERMO

PEOPLE V.
MOJELLO

PEOPLE V.
SAYABOC

Made to read rights

Preferable of his own choice

Atty. Cornejo remained

silent during the whole

investigator and
ask for another.
Even if the
admission or
confession is
gospel truth, it is
inadmissible if not
made with the
assistance of
counsel.
Not applicable to:
spontaneous
statements and
those elicited
through
questioning by law
enforcement
authorities but is
given in an
ordinary manner
whereby appellant
verbally admits
having committed
the offense.
Does not mean
that the choice of a
lawyer by a person
under investigation
is exclusive as to
preclude equally
competent lawyers
from handling the
defense.
Right to a
competent and

proceedings

PEOPLE V.
MARLENE
OLERMO

ATTY. DOMINGO sub for

ATTY. YUSECO

5. Right to be informed
Title
Keywords
PEOPLE
Not merely by mechanically
V.
and ceremonially reciting to
PINLAC
the accused the Consti
provisions

6. Waiver
Title
Keywords
PEOPLE
Waiver
V. ROUS

independent
counsel means
that the counsel
should satisfy
himself, during the
conduct of the
investigation, that
the suspect
understands the
import and
consequences of
answering the
questions
propounded
The right to
counsel is intended
to preclude the
slightest coercion
as would the lead
the appellant to
admit something
false.

Doctrine
Investigator must
explain the effects
of the same in
simple and
practical terms.

Doctrine
Waiver must be in
writing and in the
presence of

counsel
YAP V. COURT OF
APPEALS

Excessive bail

NARCISO V. STA.
ROMANA-CRUZ

Duties of the judge

PEOPLE V.
CABRAL

Evidence

Section 13
1. Right to bail or recognizance
Title
Keywords
Doctrine
PEOPLE V.
A matter of right v. a matter When one is
NITCHA
of discretion
convicted of an
offense punishable
by RP, bail is neither
a matter of right nor
a matter of
discretion. Evidence
of guilt is strong +
PBRD. Thus, no bail
anymore.
CARDINES V.
Old law regarding LI v.
One who is
ROSETE
ADM. Cir 12-94
convicted of life
imprisonment
should also be
denied of bail
LI and RP:
- law
- accessory
penalty
- indefinite
PADERANGA V.
Under custody
Generally, one
COURT OF
should be in the
APPEALS
custody of law in
order to post bail
(lawful arrest or
voluntary
surrender);
however,
constructive custody

SERAPIO V.
Bail before arraignment
SANDIGANBAYAN
LEVISTE V. COURT How decided
OF APPEALS
UNITED STATES
Extradition cases v. criminal
V. JUDGE
cases
PURUGANAN

RODRIGUEZ V.
JUDGE

Spouses rodriguez

is also accepted.
Imposing an
excessive bail
renders meaningless
the right to bail.
Judge has duty
determine WoN
evidence of guilt is
strong. Duties: 1)
inform pros 2)
conduct hearing 3)
decide 4) approve or
deny
The test in
establishing guilty is
evident guilt or
presumption of
guilty. Evident
proof + Presumption
great
Accused may apply
for bail even before
arraignment.
Granting of bail is
discretionary.
Extradition
proceedings are sui
generis. After a
potential extradite
has been arrested or
placed under
custody, he may
apply for bail; 1. Not
a flight risk, 2. HR
If extradite has
proven that he is

GOVERNMENT
OF HONGKONG
V. JUDGE OLALIA

New trends in PIL

2. Waiver of the right

Title
Keywords
PEOPLE
waiver
V. JUDGE
DONATO
&
RODOLFO
SALAS

3. Excessive bill
Title
Keywords
DE LA
Excessive bail again
CAMARA
V. ENAGE

not a flight risk,

notice must be
given if bail will be
cancelled.
Extradition <-> CP
clear and
convincing IP
trends

Doctrine
Waiver:
1) Personal
right
2) Not
contrary to
law, PO, PP,
M, GC or
prejudicial
to a 3rd
person

Doctrine
Right is nugatory
when bail is
excessive.
Guidelines to fixing
bill

Section 14
1. Military tribunals
Title
Keywords
OLAGUER V.
Military commissions
MILITARY

Doctrine
Military
courts/tribunals

COMMISSION
NO. 34
TAN V.
Prospectivity of Olaguer
BARRIOS
doctrine

2. Presumption of innocence
Title
Keywords
UNITED
Rights of the state
STATES
V.
LULING

PEOPLE
V.
MINGOA
DUMLAO Charged v. convicted
V.
COMELEC

MAQUEZ Fugitive from justice

V.
COMELEC
3. Right to counsel
Title
Keywords
PEOPLE V.
Duties of the judge
HOLGADO

have no
jurisdiction
Olaguer is to be
applied
prospectively

Doctrine
Prima facie
evidence in
statutory crimes is
not a denial of the
right to
presumption of
innocence.
Prima facie
evidence
A legislative or
administrative
determination of
guilty should not
be allowed to
substitute for a
judicial
determination
(charge v. accused)
Fugitive from
justice = final
judgment

Doctrine
Duties of the
judge: inform, ask,
assign/grant

UNITED
STATES V.
ASH
PEOPLE V.
LIWANAG

Counsel

Effective counsel v.
intelligent counsel

PEOPLE V.
His own choice
LARRAAGA,
ET AL

4. Right to be informed
Title
Keywords
PEOPLE V.
Facts of the complaint
REGALA

ENRILE V.
SALAZAR

Facts not conclusions of law

reasonable time
(counsel)
assistance of
counsel
Right to be heard
by counsel does
not presuppose a
right to an
intelligent counsel,
only effective.
Preference in
counsel of choice
refers only to
custodial
investigations.
Accuse has right to
change/discharge
counsel but subject
to CA.

Doctrine
Facts must be
alleged in the
information in
order to help
defense prepare.
New averments
cannot be
introduced.
Facts averred in
the information
suffice to form the
elements of SR.
The information

PEOPLE V.
LEGAZPI,
ET AL
PEOPLE V.
DELA CRUZ

PEOPLE V.
ESPERANZA

PEOPLE V.
PURAZO

GARCIA V.
PEOPLE

should contain
statements of
facts, not
conclusions of law.
Joint trial court
cannot combine 2
separate
informations
Information should
contain facts and
not conclusions of
law
Special
circumstance must
be 1) specifically
pleaded 2) Alleged
with certainty
Precise time at
which the offense
was committed is
not necessary
except when time
is a material
ingredient
provided that: 1)
near actual date 2)
time is alleged in
the info
Real nature of the
crime is
determined by the
facts alleged in the
information and
not by the title or
the designation of
the offense in the

PEOPLE V.
DELA CRUZ
5. Right to speedy trial
Title
Keywords
CONDE V.
RIVERA

NEPOMUCENO
V. SECRETARY
OF NATIONAL
DEFENSE

6. Right to an impartial trial

Title
Keywords
MATEO,
JR. V.
VILLALUZ

caption
elements

Doctrine
Dismissal of the
case due to a
violation of the
right to speedy
trial is also a bar to
another
prosecution of the
same offense =
acquittal
Delay in trial must
be vexatious,
capricious, and
oppressive to
constitute a denial
of the right to
speedy trial
unreasonable
delays can be
waived

Doctrine
A judge, in the
exercise of sound
discretion, may
disqualify himself
from sitting in a
case for just and
valid reasons

7. Right to a public trial

Title
Keywords
RE OLIVER

GARCIA V.
DOMINGO

8. Compulsory Process
Title
Keywords
FAJARDO
V.
GARCIA

Doctrine
All criminal trials
should be open to
the public. Accused
is entitled to have
his friends, family
and counsel
present. Secret
trials are a menace
to liberty.
The right to a
public trial: no ban
to attendance,
woN the person is
a stranger.
Exception:
evidence may be
characterized as
offensive to
decency.

Doctrine
Evidence can be
obtained from
other people even
if the doctor is
away compulsory
process for
wintnesses

9. Trial in absentia; right to be present

Title
Keywords
Doctrine
CARREDO
Trial in absentia is
V.
allowed provided

PEOPLE

that he may be
compelled to
appear for the
purpose of
identification by
the witnesses of
the prosecution.
He unqualifiedly
admits that he is
the person name
as the defendant
of the trial. Trial in
absentia is also
tantamount to
waiving the right
to meet his
witnesses face to
face.

Section 16
1. Speedy disposition of cases
Title
Keywords
LOPEZ, JR. V.
OMBUDSMAN

Doctrine
Right to speedy
disposition of
cases extends to all
parties and
proceedings. It is
violated when the
proceeding is
attended by
vexatious,
capricious and
oppressive delays.

Section 17
1. Right against self-incrimination
Title
Keywords
UNITED
STATES V.
NAVARRO

UNITED
STATES V.
TAN TENG

VILLAFLOR
V.
SUMMERS
UNITED
STATES V.
ONG SIO
HONG
BELTRAN V.
SAMSON

BERMUDEZ
V.
CASTILLO

Doctrine
A law, while permitting
a person accused to be a
witness in his own
behalf should authorize
at the same time
presumption of guilt
law that adjudges
without evidence
Right to self
incrimination is a
prohibition of the use of
physical or moral
compulsion to extort
communications from
the accused. It does not
include the body.
Physical examinations
are not covered by the
right.
Evidence obtained from
the body is admissible

Writing Is more than a

mechanical act. It
requires attention and
intelligence and it is
tantamount to
furnishing evidence.
Expanded:
1) all proceedings
2) all cases
3) accused and

CHAVEZ V.
COURT OF
APPEALS

CABAL V.
KAPUNAN,
JR

PASCUAL,
JR V.
BOARD OF
MEDICAL
EXAMINERS

witnesses
4) civil cases
5) all kinds of
courts
6) investigations by
legislative bodies
7) prohibited
handwriting
specimens
The accused has the
right to forego
testimony and to remain
silent. A waiver must be
unequivocal.
Forfeiture while
administrative is
character possesses a
criminal or penal aspect.
Right applies when
proceeding is not purely
remedial or intended for
a private grievance
(punish violation or
deter others from
offending in a like
manner)
The right extends to all
proceedings sanctioned
by law, which include
investigations
conducted by special
boards/committees

Section 19
1. Cruel, degrading or inhuman punishment; excessive fines
Title
Keywords
Doctrine
PEOPLE
Ban: cruel and
V.
unusual, barbarous
ESTOISTA
or excessive to the
extent of being
shocking to public
conscience. If too
harsh, recommend
to CE for clemency.
2. Effect of abolition on application of penal laws
Title
Keywords
Doctrine
PEOPLE
No abolition. RP as
V.
the max
MUOZ
3. Restoration of the death penalty
Title
Keywords
PEOPLE V.
ECHEGARAY

Doctrine
Re-impose:
1. Define or
describe
what is
heinous
crimes
2. Congress
specify and
penalize by
death only
cimes.
3. Moticated by
compelling
reasons
involving
heinous

crimes
Legislative facts v.
judicial facts
1. Can declare
not HC or
2. No
compelling
reason

PEOPLE v.
PURAZO

Section 20
1. Imprisonment for debt
Title
Keywords
LOZANO
Bad debt v. bad check law
V.
MARTINEZ

IN RE
PETITION
FOR
HARBEAS
CORPUS

Civil debt

Doctrine
Debt covers
liabilities arising
from actions ex
contractu. BP 22
punishes the
circulation of the
check, not the
nonpayment of
debt.
Prohibition covers
debts pertaining to
civil debts

Section 21
1. Attachment of jeopardy
Title
Keywords
PEOPLE V. When first jeopardy
YLAGAN
attaches

Doctrine
Conditions for DJ:
1. competent

PEOPLE V. Self-defense
BALISACAN

PEOPLE V.
ESPINOSA

Conditional arraignment

jurisdiction
2. valid
complaint or
information
that is
sufficient in
form and
substance to
sustain
conviction
3. after
arraignment
4. after plea
If there was no valid
pelas, appeal cannot
violate accuseds
right to DJ
Dismissal without
consent bars
prosecution

2. Termination of jeopardy
Title
Keywords
BULALONG V.
Rebellion and subversion
PEOPLE

Doctrine
Convicted,
acquitted,
dismissed,
terminated
without his
consent
- defense is
available same
offense. Attempt
of frustration.
Offense necessarily
includes or
included in the

BUSTAMANTE V.
MACEREN

PEOPLE V.
OBSANIA

Sentence has been served

Rice fields rape

RIVERA, JR. V.
PEOPLE

PEOPLE V.
Demurrer
SANDIGANBAYAN
AND VELASCO

CONDRADA V.
PEOPLE

PEOPLE V.
LACSON

Provisional dismissal v.
permanent dismissal

Time bar

former complaint.
Serving setnece =
FJ so DJ if there is a
new trial on the
same offense
Dismissal based on
merits. Waiver and
estoppel: 1)
Dismissal is sought
by defendant 2)
Dismissal is not on
merits but no =
acquittal
Dismissal must be:
1) written 2)
personally and
directly prepared
by the judge 3)
signed by the
judge conformably
with the provisions
of the ROC
Grant of a
demurrer
(insufficiency of
evidence) =
acquittal so DJ
Provisional
dismissal =
dismissal without
prejudice
Time bar will not
apply because
there was no
consent so no
provisional

PEOPLE V. COURT
OF APPEALS

Errors of judgment v. errors

of jurisdiction

dismissal and
notice was given to
heirs
A decision of
acquittal becomes
final immediate
and bars the
reopening of a
case (exc GADLEJ)

3. Same offense; ordinance and statute

Title
Keywords
Doctrine
PEOPLE
Different offense, but same Same offense.
V.
act in violation of both an
punishable by a
RELOVA
ordinance and a national
law and an
statute
ordinance
prescription does
not carry with it
civil liabilitt

4. Rule on supervening facts

Title
Keywords
MELO V. Change the character of the
PEOPLE
offense and constitute a
new distinct offense

PEOPLE
V.
BULING

Physical injuries

Doctrine
Before FH,
mistakes w/ the
information can be
discussed, file a
new one without
DJ
In cases of Physical
Injuries, through
examination must
be conducted.
Served sentence =
DJ

ARTICLE IV: CITIZENSHIP

Section 22
1. Ex post facto laws
Title
Keywords
LACSON V.
EXECUTIVE
SECRETARY

2. Bills of attainder
Title
Keywords
PEOPLE V.
FERRER

PEOPLE V.
SANDIGANBAYAN

CO V. COURT OF
APPEALS

Doctrine
RA 8249 is not a
penal law but a
substantive law on
jurisdiction.
Procedural.

Doctrine
Anti Subversion
Act not group of
people but the
acts. Bill of
attainder 1)
name of
individuals 2) easily
ascertainable
members of a
group
Increase of
prescription period
not retroactive
since not favorable
to the accused.
New doctrines of
SC should be
applied
prospectively but
consider Operative
Fact as well.

Section 1
1. Children of Filipino fathers or mothers
Title
Keywords
Doctrine
VALLES
Jus sanguinis; effect of
1935 Jus
V.
Certificate of Candidacy
Sanguinis Filipino
COMELEC
Father
TECSON
FPJ
Regardless if
V.
legitimate or
COMELEC
illegitimate
2. Citizens by election
Title
Keywords
CO V.
HOUSE
ELECTORAL
TRIBUNAL

Doctrine
Right of election
can be performed
through other acts:
ex. entering a
profession,
becoming a PO,
voting, running

Section 3
1. Loss of citizenship
Title
Keywords
YU V.
DEFENSORSANTIAGO

Doctrine
Express
renunciation by
securing passport
from previous
country and
introducing himself
as a citizen of such

FRIVALDO
V.
COMELEC

LABO, JR.
V.
COMELEC
AZNAR V.
OSMEA

2. Repatriation
Title
Keywords
BENGZON
V. CRUZ
MAQUILING Using of US passport after
V.
repatriation
COMELEC
REYES v.
DQ
COMELEC

in certain
documents
Losing ones
citizenship does
not automatically
restore the
previous one.
Res judicata does
not apply to
question of
citizenship
Certification of
Alien Registration
does not mean
that hes not a
Filipino. He might
be a dual citizen.

Doctrine
Repatriation =
restoration of
citizenship
Revert to dual
citizenship
Oath of allegiance
+ renunciation

Section 1
1. Suffrage as right and duty
Title
Keywords
AKBAYAN Extension
V.
COMELEC

2. Residence qualification
Title
Keywords
ROMUALDEZ
V.
REGIONAL
TRIAL
COURT
3. Absentee voting
Title
Keywords
MACALINTAL Absentee voting
V. COMELEC

NICOLASLEWIS V.
COMELEC
JAPZON V.
COMELEC

Dual citizens to vote

Establishment of residence

Doctrine
Right of suffrage is
subject to
substantive and
procedural
requirements

Doctrine
Domicile and
Residence. Animus
Manendi. Animus
Revertendi

Doctrine
Absentee voting
exception to
residence req.
Affidavit.
Dual absentee
voting scheme
Establish residency
payment of
taxes, reg

ARTICLE V: SUFFRAGE
ARTICLE XIII: SOCIAL JUSTICE AND HUMAN RIGHTS

SOCIAL JUSTICE - Section 3

1. Right to strike
Title
Keywords
SOCIAL
SSS no strike
SECURITY
SYSTEM
EMPLOYEES
V. COURT
OF
APPEALS

Doctrine
Being under the
CSC, SSS
employees do not
have the right to
strike.
ARCHBISHOP
V. SECRETARY

Naked title

used and founds to

be necessary 2)
purpose is for
school sites and
campuses,
including
experimental famr
stations operated
by PIPS for EP
Exemption: use &
purpose of land,
not owner

AGRARIAN AND NATURAL RESOURCES REFORM Section 4

HUMAN RIGHTS Section 18
1. Agrarian Reform
Title
Keywords
ASSOCIATION CARP
OF SMALL
LANDOWNERS
V. SEC. OF
AGRARIAN
REFORM
MADDDUMBA CB bonds
V. GSIS

LUZ FARMS V.
SEC. OF
AGRARIAN
REFORM
DAR V. DECS

livestock

exemption

Doctrine
CARP is just a new
program. Just
compensation.
Ownership is
transferred after
payment.
CB bonds as
landowners
experience a
degree of sacrifice
Livestock = not
within the
meaning. arable
Exemption
coverage: 1)
Actually, directly
and exclusively

Title
CARIO V.
COMMISSION
ON HUMAN
RIGHTS
EXPORT
PROCESSING
ZONE
AUTHORITY
V.
COMMISSION
OF HUMAN
RIGHTS
SIMON, JR V.
COMMISSION
ON HUMAN
RIGHTS

Keywords
CHR powers

No proceedings

No also

Doctrine
Investigative only
preventive
measure and legal
aid services
No jurisdiction

No power to order
to desist

ARTICLE XIV: EDUCATION, SCIENCE AND TECHNOLOGY, ARTS,

CULTURE, AND SPORTS

SUPERINTENDENT Mass action

V. AZARCON

school. Contract is
until grad.
Exigencies of
quality education

Section 1
1. The natural and primary right of parents
Title
Keywords
Doctrine
MEYER V.
interpreter
Power of parents
NEBRASKA
to control
education
PEIRCE V.
Compulsory education
Liberty in
SOCIETY OF
upbringing
SISTERS
children
WISCONSIN Amish
The states interest
V. YODER
in universal
education is not
totally free when it
impinges on other
fundamental rights
and interests such
as free ex clause
and rel upbringing
GINSBERG
Girlie magazines
Custody, care and
V. NEW
nurture parents
YORK
and state
2. Quality and accessibility of education system
Title
Keywords
Doctrine
DEPARTMENT OF NMAT flunked 3 times
Reasonable
EDUCATION,
relations between
CULTURE AND
NMAT condition
SPORTS V. SAN
and right to health
DIEGO
and safety
NON V. JUDGE
Alcuaz
Students still enjoy
DAMES
Consti rights in

Section 4
1. Tax exemption
Title
Keywords
COMMISSIONER For education purposes
OF INTERNAL
REVENUE V.
COURT OF
APPEALS

Doctrine
Actually, directly
and exclusively
used for education
purposes

Section 5
1. Academic freedom of institutions of higher learning
Title
Keywords
Doctrine
BOARD OF
PMMC
Courts cannot
MEDICAL
interfere with
EDUCATION
purely
V. JUDGE
administrative and
ALFONSO
discretionary
AND
function
PHILIPPINE
MUSLIMCHRISTIAN
COLLEGE OF
MEDICINE
CAPITOL
Breach by student: not going Breach by student
MEDICAL
to school
CENTER V.
COURT OF

APPEALS
GARCIA V.
FACULTY
ADMISSION
COMMITTEE

LUPANGCO
V. COURT OF
APPEALS
UNIVERSITY
OF SAN
CARLOS V.
COURT OF
APPEALS
REYES V.
COURT OF
APPEALS
MIRIAM
COLLEGE V.
COURT OF
APPEALS
UP BOARD
OF REGENTS
V. COURT PF
APPEALS
TAN V.
COURT OF
APPEALS
PARENT
TEACHERS
ASSOCIATION
V.
METROBANK

LST

PRC review classes

accountancy

Institutions of
higher learning =
academic freedom
who, what, how,
who will be
admitted
How to teach

Refusal to confer honros

Formulate rules
and guidelines

UPCM 90%

Fix admission reqs

Chi-Ro

Discipline.
Reasonable Rules
and Regulations

Plagiarism

Revoke graduation.
Due process

GCHS spitting

Interest of teacher
and student body

Loan writ of possession

State duty