SHORT Constitutional Law 2 Finals Reviewer

ARTICLE III - BILL OF RIGHTS

Section 1 - DPC, EPC
Right to Life
o Alive
o Security of one's limb against physical harm
o Good life
Right to Property
o Property in the Civil Code
o Vested rights
o Right to work
o Right to earn a living
Substantive Requirement
o Prohibition of arbitrary laws
Procedural Requirement
o Mode of procedure which government agencies must follow
in the enforcement and application of laws
Requirements of Due Process in Courts
1. Court or tribunal with judicial power
2. Jurisdiction lawfully acquired over person or property
3. Defendant given an opportunity to be heard
4. Judgement rendered upon lawful hearing
Requirements of Procedural Due Process in Administrative Cases
1. Right to a hearing and to submit evidence
2. Tribunal must consider evidence
3. Decision must be supported

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4. Evidence must be substantial
5. Decision based on the evidence presented
6. Tribunal acts on its own independent consideration of the law
and facts
7. Parties should know that various issues involved and the
reason for the decision
Minimum Standard for Imposition of Disciplinary Actions in Schools
1. Students informed of the nature and cause of any accusation
2. Right to answer charged, with assistance of counsel if desired
3. Informed of evidence against them
4. Right to adduce evidence
5. Evidence duly considered by the investigating body
Void-for-Vagueness Doctrine
o A law is facially invalid if men of common intelligence must
necessarily guess at its meaning and differ as to its application
o Lacks sufficient standards
Overbreadth Doctrine
o A governmental purpose may not be achieved by means
which sweep unnecessarily broadly and thereby invade the
area of political freedoms
Quantum of Proof
o Administrative Proceedings : Substantial Evidence
o Probable Cause: Probability, not absolute and moral certainty
o Flight Rise: Clear and Convincing Evidence
Notice and Hearing (Requirements for Due Process)
o Quasi-judicial proceedings: Yes
o Executive or Legislative Functions: No
Requirements in Deportation Proceedings

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1. Charges against alien must specify the acts or omissions
complained of
2. Preliminary investigation - determine whether there is
sufficient cause to charge respondent with deportation
3. Follows rules of criminal procedure
4. Private prosecutors should be allowed to intervene
Police Power
o That inherent and plenary power in the State which enables it
to prohibit all that is hurtful to the comfort, safety, and
welfare of society
o Requisites
Lawful subject
Lawful means
Validity of a Local Ordinance
1. Must not contravene the Constitution or any other statute
2. Must not be unfair or oppressive
3. Must not be partial or discriminatory
4. Must not prohibit but may regulate trade
5. Must be general and consistent with public policy
6. Must not be unreasonable
Writ of Amparo
o Intention of protecting constitutional rights to life, liberty, and
security
o Coverage
Extralegal killings
Enforced disappreances
o Involves summary proceedings
Writ of Habeas Data
o Judicial remedy - enforcing right to privacy
o Must be proven by substantial evidence

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Requisites of Third Party Standing

o Litigant suffering injury-in-fact
o Close relation to a third party
o There exists some hindrance to the third party
Equal Protection Clause Valid Classification Test
1. Substantial Distinction
2. Germane Purpose
3. Application to Present and Future Conditions
4. Equal Application to Members of the Same Class
Section 2 - Searches and Seizures
Requisites of Standing
o Actual or threatened injury
o Traceable to the challenged action
o Injury is likely to be redressed by favorable action
Checkpoints Allowed
o Survival of the government
o Lives and safety of the people are in grave peril
Limitations of Checkpoints
o Routine inspection - visual search
o Few Questions
Requisites of a Valid Warrant
1. Issued upon Probable Cause
2. Personally Determined by a Judge
3. Complainant and Witnesses Examined under Oath or
Affirmation
4. Particularity in Description

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Personal Examination
o Judge not required to "examine personally"
o Required to "determine personally"
o "Satisfy himself"
Fiscal reports
May require submission of affidavits of witnesses
Particularity in Description
o As specific as possible as the circumstances would ordinarily
allow and by which the warrant officer may be guided in
making the search and seizure
John Doe Warrant
o Must contain a description personae such as will enable the
officer to identify the accused

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3.
4.

5.

6.

Exclusionary Rule
o Any evidence obtained in violation of Section 2 or 3 of the
Constitution is inadmissible for any purpose in any proceeding
Types of Preliminary Investigation
1. Preliminary Investigation Proper
Made by fiscal, executive, to determine probable cause
to file a case
2. Preliminary Investigation to issue warrant
Made by judge, judicial, to determine probable cause to
issue a warrant
7.
Allowable Warrantless Searches
1. Incidental to a lawful arrest
Must be within the area
2. Moving Vehicle

Highly reasonable suspicion amounting to probable

cause
Customs Search
Seizure of goods concealed to avoid duties
Plain View
Prior valid intrusion
Evidence inadvertently discovered
Illegality of evidence apparent
Noticed without further search
Waiver of Right
Must appear that
Right exists
Person has knowledge of such
There is actual intention to waive
Stop and Frisk
Genuine reason must exist
Based on officer's experience
Based on surrounding circumstances
Where a police officer
Notices unusual conduct
Which leads him reasonably (through experience)
to believe that there is criminal activity
Believes that there is danger
Identifies himself as a policeman and issues
reasonable inquiries
May conduct a carefully limited search of the
outer clothing of such persons
Exigent Circumstances
Urgency and exigency of the situation

Allowable Warrantless Arrests

1. A crime is committed, is being committed, or is about to be
committed

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2. In fact a crime has been committed and the officer has
personal knowledge indicating the person he arrested was the
one who committed such crime
3. Person escaped from serving final judgement
Continuing Offenses
May be arrested anytime
Rebellion
Subversion
Proposal and conspiracy to commit such crimes
Crimes committed in furtherance of such crimes
Respondent Estopped from Assailing Illegality of Warrant
Failure to move for the quashing of the Information against
him before arraignment
Voluntary submission to the jurisdiction of the court
Submission of counsel-assisted plea
Active participation in the trial
NOT after filing for bail

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Section 4 - Freedom speech, expression, press
Prior Restraint
Official government restrictions on the press or other forms of
expression in advance of actual publication or dissemination
Exceptions - Prior Restraint
Nation is at war
Obscene publications
Incitements to acts of violence
Overthrow by force of an orderly government
Types of Restrictions
1. Content neutral regulations
Concerned with the incidents of the speech
Subject to lesser but still heightened scrutiny
2. Content based restraint or censorship
Concerned with the subject matter of the utterance
More suspect because of judicial concern with
discrimination in the regulation of expression

Section 3 - Exclusionary Rule

Intrusion Allowed
Lawful order of the court
Public safety or order requires it
Prescribed by law
Custodia Legis
Illegal items confiscated from illegal searches are subject to
appropriate disposition as the corresponding courts may
decide

O'Brien test for allowable content neutral regulations

1. It is within the constitutional power of the government
2. It furthers an important or substantial governmental interest
3. The governmental interest is unrelated to the suppression of
free expression
4. The incident restriction on alleged freedoms is no greater
than is essential to the furtherance of that interest
Subsequent Punishment
Has the effect of unduly curtailing expression
Standards for Allowable Subsequent Punishment
1. Dangerous Tendency Test

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Rational connection between speech and evil

apprehended
2. Clear and Present Danger Rule
Words used are used in such circumstances and are of
such a nature as to create a clear and present danger
that will bring about substantive evils that the Congress
has a right to prevent
3. Balancing of Interests Test
Acknowledgement of the fact that not all rights are
absolute
Some rights may be abridged to some extent to serve
appropriate and important interests
Broadcasting
It has to be licensed
Freedom of television and radio broadcasting is somewhat
lesser in scope than print media because
1. Broadcast media is more pervasive
2. It is easily accessible to children
Burden of Proof in Prior Restraint
The government should show cause as to why certain articles
should not be punished
Libel laws
They protect
Privacy (from intrusion)
Good name and reputation
Retraction merely mitigates the responsibility (with
exceptions)
Newspapers have more leeway because they are under
the pressure of a daily deadline
Magazines do not suffer from such pressure corrections do not wipe out the liability

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Defamatory
Protected only if true and fair and maid with good faith
Libelous
Tends to injure a person in his reputation or brings him
to public contempt
Subsequent punishment
Public figure - actual malice should be proven
Private individual - case to case basis
Intrusions to privacy
Private individual - not permitted, complete protection
Public figure - permitted as long as the information is of
public character(open to scrutiny)

Actual Malice
"with knowledge that it is false or with reckless disregard of
whether it was false or not"
Motion Pictures, Television, Radio
"Censorship"
Must show proof of a clear and present danger
Three safeguards to protect against "undue inhibition of
protected expression"
1. The censors have the burden of proving that the speech
prevented is unprotected expression
2. Such acts require judicial determination for valid
determination
3. Such acts require prompt determination "within a
specified time period"
Freedom of Religion(to act), Assembly
May be curtailed upon a showing of a clear and present
danger

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Criticism of Courts
Stricter standards with SC as highest court of the land
Lower court judges are open to criticism

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3. Whether the work, taken as a whole, lack s serious
literary, artistic, political, or scientific value
Section 5 - Non-establishment of Religion

Commercial Speech
The government has a greater right to regulate commercial
speech (commercial or economic) as against regulating noncommercial speech
Central Hudson test
1. Commercial speech must concern lawful activity and is
not misleading
2. There is a substantial government interest
3. The regulation directly advances the asserted
government interest
4. Whether it is not more extensive than necessary to
serve the interest
Banning signs altogether is content-based (if no alternatives
were provided)
Obscenity
Not protected
Basic guideline for the trier of fact
1. Whether the average person, applying contemporary
community standards would find the work, taken as a
whole, as appealing to the prurient interest
Applicable in the Philippines (but change "taken
as a whole" to "dominant theme of the material
taken as a whole")
2. Whether the work depicts or describes, in a patently
offensive way, sexual conduct specifically defined by the
applicable state law
Offensiveness is determined based on community
(not national) standards

Propositions of Government Neutrality

1. Government must not prefer one religion over another, or
religion over irreligion
2. Government funds must not be used for religious purposes
3. Government action must not aid religion
4. Government action must not result in excessive entanglement
Allowable governmental aid
1. A secular legislative purpose
2. A primary effect that neither advances not inhibits religion
3. No excessive entanglement with the religious institution
Aspects of Free Exercise of Religion
1. Freedom to believe - absolute, cannot be regulated
2. Freedom to act - translation of belief to external acts, can be
subjected to regulation and police power
Valid law that burdens religious practices
Neutral and of general applicability
Justified by a compelling interest
Narrowly tailored to advance that interest
Benevolent Neutrality
Approach that gives room for accommodation of religious
exercises, provided that it does not offend compelling state
interest
Compelling State Interest test
1. Sincerity of belief

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2. State purposes are legitimate and compelling
3. Use of least intrusive means possible
Section 6 - Liberty of Abode, Right to Travel
Liberty of abode
May only be curtailed by a lawful order of the court based on
limits prescribed by the law
Right to travel
May only be impaired when there is legitimate state interest
as may be provided by law
National security
Public safety
Public health
Does not include right to right to return to one's country
Section 7 - Right to information, Access to official records
Two rights guaranteed:
1. Right to information on matters of public concern
2. Access to official records and documents
Limitations to the right of information
National security matters
Criminal matters or law enforcement matters
"As may be provided by law" (examples)
Trade secrets (Intellectual Property Rights)
Banking (Secrecy of Bank Deposits)
Executive privilege
Section 8 - Right to organize
Right to form unions and associations belong to people

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Whether employed or not employed

Whether working in the private sector or government

Right to strike
Qualified by "in accordance with law"
Right to organize is broader
Ban on government employees
Statutory
May be lifted by a repealing statute
Section 9 - Eminent Domain
Eminent Domain
Sovereign power to appropriate public and private property of
all citizens within its territory for public use
Traditionally executive in nature but requires legislation
before it may be used
May be conferred upon municipal governments and
other LGUs
Plenary in nature
Elements of the exercise of the power of eminent domain
1. Taking
2. Public use
3. Just compensation
Requisites of Taking
1. Entrance
2. Entrance not just for a momentary period
3. Entry under warrant or color of legal authority
4. Property must be devoted to public use or otherwise
informally appropriated or injuriously affected
5. Utilization of property in a way that ousts original owner to
deprive him of all benefits of the property

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Public Use
As broad as "public welfare"
Determination of genuine necessity - justiciable question
Exception: when power is exercised by the legislature political question
Just Compensation
Just and complete equivalent of the loss which the owner of
the thing expropriated has to suffer by reason of the
expropriation
Payment that matches the "market value"
Market value - price fixed by buyer and seller in the
open market
If determined by a government agency - subject to judicial
review
Judicial Review
Adequacy of the compensation
Necessity of taking
"Public use" character
Requisites of Expropriation by a Municipal Government
Public use
Just compensation
Valid offer
Done on the strength of a legislative act of the LGU
(ordinance)
Section 10 - Non-impairment clause
To fall within the guarantee:
Impairment must be substantial
Changes the terms of a legal contract (e.g. new conditions)

Changes the intention of the party

Power of the legislature

Change existing remedies and modes of procedure: police
power
Suspension must be definite and reasonable
Police power trumps non-impairment clause
Section 12 - Custodial Investigation
Rights involved
Right to be informed of:
Right to remain silent
Right to have competent and independent counsel
Right to proper treatment of those under investigation (no
torture, etc)
Miranda rights
1. Right to remain silent
2. He must be told that anything he says may be used against
him
3. Right to consult a lawyer, right to have a lawyer with him
during investigation
4. If indigent, a lawyer must be appointed to represent him
5. Upon asking for counsel, interrogation must cease until an
attorney is present
6. If the abovementioned requirements are not followed,
evidence obtained considered inadmissible
Right to counsel
Must be competent and independent
Attaches when custodial investigation begins
Accused is already deprived of liberty

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Investigation for the criminal has focus on him as a

suspect

Out-of-court identification
General rule: no need for counsel
Exception: when custodial investigation has already began
Totality of circumstances test to determine validity of out-of-court
identification
1. Witness' opportunity to view the criminal at the time of the
crime
2. Witness' degree of attention
3. Accuracy of any prior description
4. Level of certainty of witness in identification
5. Length of time between commission of the crime and
identification
6. Suggestiveness of the identification procedure
Waiver of Right
Presumption: no waiver
Requirement: done voluntarily, knowingly, intelligently, and in
writing and in the presence of counsel
Right deemed waived if there was failure to raise objection at
the earliest time possible (during trial)
Section 13 - Bail
Right to bail
Means of immediately obtaining liberty
Enables accused to prepare defense
Purpose: guarantee appearance during trial
Not available when(must concur):

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1. Accused is charged with an offense punishable by reclusion
perpetua
2. Evidence against him is strong
Some guidelines:
Not absolute (e.g. Military personnel may not be granted bail)
Should not be excessive
Available in extradition proceedings
May be waived: accused agrees to remain in legal custody
during pendency of his case
Section 14 - Rights of the Accused
Rights under this provision
1. Due process of law
2. Presumption of innocence
3. To be heard
4. To be informed of the nature and cause of accusation
5. Speedy, impartial, and public trial
6. Meet witnesses face to face
7. Compulsory process to (a) secure attendance of witnesses and
(b) produce evidence
Trial by publicity
Presumption of impartiality - judge
To warrant prejudicial publicity:
Allegation and proof that judges have been duly
influenced
Right to be heard:
The one hearing must be
Fair
Impartial
The one being hear

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Right to present evidence

Right to be assisted by counsel
Right to compulsory process mentioned above

Grounds where judge may disqualify himself

Pecuniary interest
Relationship
Previous participation in the matter that calls for adjudication
Other just or valid reason which erodes trait of objectivity
Right to be informed:
Information must have sufficient particularity
Qualifying circumstances used in setting the penalty must be
alleged first in the information
Law not void-for-vagueness: law must lay down what is
exactly prohibited
Public trial
Safeguard against persecution
Exception: evidence to be presented is offensive to decency
or public morals
Exception to the exception: friends, relatives, counsel
are still allowed
Right to face witnesses
Affords the accused an opportunity to cross examine
Allows judge to observe deportment of the witness
Compulsory process - when established even if there is continued
absence on the part of the witnesses
1. Witness is material
2. Accused is not guilty of any neglect in obtaining attendance of
witness
3. Witness will be available at the time desired

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4. No similar evidence could be obtained
Trial in absentia
Requisites
Accused has been arraigned
Notice of trial was duly served to him
Failure to appear is unjustified
Section 16 - Speedy disposition of cases
This provision covers the periods before, during, and after trial
Section 14 covers just the trial
Speedy
Relative and flexible, judged on a case to case basis
Factors to be balanced to decide whether or not there has
been a violation of this right
Length of delay
Reason for the delay
Assertion of the right or failure to assert it
Prejudice caused by the delay
Proper remedy: MANDAMUS
Section 17 - Right against Self Incrimination
Taking the witness stand:
Criminal case
Accused may not be compelled (exception: congress'
queries in aid of legislation)
Any other case
May be compelled (exception: when a penalty is
involved - partakes of a criminal nature)

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No one may be compelled to answer an incriminating question
Does not preclude body check-up, mechanical acts

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3.

duly proven in court that characterize the crimes to be heinous in

accordance with the definition set in the death penalty bill
That Congress, in enacting such law, be motivated by compelling
reasons involving heinous crimes

When to raise the privilege:

Accused in a criminal case (and exception above): before
taking the witness stand
All others: before answering an incriminating question

Section 20 - Non-imprisonment for non-payment

Waiver of right
When a person voluntarily answers a question, there is a
deemed waiver of right

Debt covered
Ex contractu (coming from a contract)
Ex delicto (coming from a crime) not covered

Section 19 - Excessive fines, punishment; death penalty

Section 21 - Double Jeopardy

Cruel, degrading, inhuman

Flagrantly and plainly oppressive
Wholly disproportionate to the nature of the offense
Death penalty is not a cruel punishment
Cruel: torture and lingering death

Requisites for the application of double jeopardy

1. First legal jeopardy
2. Termination of first jeopardy
3. Identity of offense in second jeopardy

Heinous crimes
Grievous, odius, and hateful offenses and which, by reason of
their inherent of manifest wickedness, viciousness, atrocity,
and perversity are repugnant and outrageous to the common
standards and norms of decency and morality in a just,
civilized and ordered society
Requisites for the Congress to validly restore the death penalty:
1.
2.

That the Congress must define what is meant by heinous crimes

That the Congress must specify and penalize by death, only crimes
that qualify as heinous in accordance with the definition or
description set in the death penalty bill and/or designate crimes
punishable by reclusion perpetua to death in which latter case,
death can only be imposed upon the attendance of circumstances

Requisites for the attachment of legal jeopardy

1. Valid indictment
2. Competent court
3. After arraignment
4. After plea
Instances of termination
1. Acquittal
2. Conviction
3. Dismissal without express consent of the accused
4. Dismissal on the merits
Identity of offense
1. One offense is identical to another
2. One is an (a) attempt or (b) frustration of the other

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3. One (a) necessary includes or (b) is necessarily included in the
other

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Supervening fact - exception to double jeopardy

That which changes the character of the crime charged
Something not present during the filing of the first
information
Ordinance and statute
If an act is punished by a law and an ordinance, conviction or
acquittal under either shall constitute a bar to another
prosecution of the same act
Waiver of right
Accused appeals
Case dismissed with express consent of the accused
Section 22 - Ex-post Facto law and Bill of Attainder
Ex post facto law
a. Which makes an action done before the passing of the law
and which was innocent when done criminal, and punishes
such action, or
b. Which aggravates a crime or makes it greater than when it
was committed; or
c. Which changes the punishment and inflicts a greater
punishment than the law annexed to the crime when it was
committed;
d. Which alters the legal rules of evidence and receives less or
different testimony than the law required at the time of the
commission of the offense in order to convict the defendant
Bill of Attainder
A legislative act which inflicts punishment without judicial trial

The essence of the bill of attainder is the substitution of a

legislative, rather than a judicial determination of guilt.
Essential elements
a. There must be a law
b. The law imposes a penal burden on a named individual
or easily ascertainable members of a group
c. The penal burden is imposed directly by the law without
judicial trial
Jurisprudential requisites
a. The statute specifies persons or groups
b. Statute is applied retroactively and may reach past
conduct

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Article IV - Citizenship
Section 1 - Citizens of the Philippines
Who are citizens?
1. Those who are citizens of the Philippines at the time of the
adoption of this Constitution
2. Those whose fathers or mothers are citizens of the Philippines
3. Those born before January 17, 1973, of Filipino mothers, who
elect Philippine citizenship upon reaching the age of majority
4. Those who are naturalized in accordance with law
Modes acquiring citizenship
1. Jus sanguinis - blood relations
2. Jus soli - place of birth
3. Naturalization - lawful adoption of an alien
C.A. 473 (Revised Naturalization Law)
Substantive requirements
Names one has been known
All past addresses
Manifestation of good and reproachable manner
Lucrative trade/profession
Procedural requirements
Declaration of intent
Filing of petition
Hearing and initial judgement
Period of probation
Rehearing and final judgement
Section 2 - Natural-born citizens
Natural born citizens

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Those without having to perform any act to acquire or perfect

Philippine citizenship
Exception: repatriation
Those who elect Philippine citizenship under par. 3 of the next
preceding section

Section 3 - Loss and Reacquisition of Citizenship

Laws on loss:
C.A. No. 63 (applicable to natural-born and naturalized)
Naturalization in a foreign country
Express renunciation
Oath of allegiance to a foreign country
Rendering service in the armed forces of a foreign
country
Deserter of the armed forces
C.A. No. 473 (applicable to naturalized)
When found to have been fraudulently or illegally
obtained
By permanent residence in the country of origin within
5 years from naturalization
When petition is found to have been made on an invalid
declaration of intent
Upon failure to comply with the requirements of
education of minor children
If the person allows himself to be a dummy for aliens
Reacquisition
Law
Naturalization
Repatriation

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Section 5 - Dual Allegiance
Dual citizenship: allowed
Dual allegiance: not allowed
"unsettled kind of allegiance" of persons already Filipino but
who, by their acts, may be said to be bound by a second
allegiance

Article V - Suffrage

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Article XIII - Social Justice and Human Rights

Difference from Bill of Rights
Provisions here are not self-implementing
Rights here are collective
Labor

Suffrage - right to vote

Requisites for the right to vote under section 1:
18 years of age
1 year residency in the Philippines
6 months residency in the place where they propose to vote
Requisites for change of residence/domicile
1. Residence or bodily presence in the new locality
2. Intention to remain there
3. Intention to abandon the old domicile
Absentee voting - constitutionally mandated
Those voting under this need not pass the residency
requirement
Applies to national elections only

Unions: no one may be prohibited

Strike: may be regulated by law
Right to participate in the decision making process: as may be
provided by law
CBAs
Grievance machineries
Voluntary modes of settling disputes

Factors weighed in regulating worker-employer relations

Right of labor to a just share in the fruits of production
Right of enterprises to reasonable returns on investments
Factors in determining proper Collective Bargaining Units
Will of the employees
Affinity and unity of the employees' interest
Prior collective bargaining history
Similarity of employment status
Agrarian Reform
Goals

Efficient production
More equitable distribution of land
Just share of other or seasonal farm workers

Lands included: all kinds devoted to agriculture

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Revolutionary kind of expropriation

Affects all agricultural lands
Benefit of the entire Filipino nation

Article IV - Education, Science and

Technology, Arts, Culture, and Sports

Urban Land Reform

Quality Education
Right to quality education is not absolute
Subject to regulation to safeguard the public

Just and humane manner (eviction)

Presence of due process
Opportunity to controvert the allegation
Sufficient notice

Academic Freedom of institutions

What may be taught
How it may be taught
Who may teach it
Who may be admitted to be taught

Commission on Human Rights

Powers
Investigatory
Receive evidence
Make findings of facts
Adjudicatory
Settle with exercise of judicial authority (only under its
charter)
It may NOT make an application of the law
Preventive measure and legal aid services
This does not imply jurisdiction (cannot grant an
injunction)
Provision refers to extrajudicial and judicial remedies
They may file, in behalf of the victims, petitions
for prohibition, injunction, or restraining order in
the proper courts
Contempt power
Only to violations of its adopted operational guidelines
and rules of procedure essential to carry out its
investigatorial powers

Only possible reasons for expelling or dismissing a student

Failure to reach academic standards
Violation of disciplinary rules