9/23/2014

Definition

Bill of Rights
Atty. Raul B. Marifosque

Q: Against the 3 inherent powers of the

state, what are the protective rights of
the citizens?
Ans: the three (3) constitutional clauses;
due process clause, equal protection of
the law clause; just compensation
clause.

Requisites/ Requirements of
Substantive Due Process
(A) a law which is in harmony with the
general power of the legislature
(B) such law must be reasonable in
operation and
(C) such law is enforced according to
regularly prescribed methods
(D) such law is applicable to all the
people or to all of a class.

declaration and enumeration of

the individual rights and
privileges which the constitution
is designed to protect against
violations by the government or
by individuals or group of
individuals.

Two Aspects of Due

Process
(A) Procedural
(B) Substantive

Twin Requirements of Due

Process

(A) Notice
(B) Hearing
Venta Maritime Co Inc. vs. NLRC
284 SCRA 656

9/23/2014

Equal Protection Clause

Scope of Protection

- means that no person or class of persons shall

be denied the protective mantle of the law,
which is enjoyed by the other person or other
classes in like circumstances, in their life,
liberty and property and in the pursuit of
happiness.

- available to all persons

natural or juridical
- it is personal and may be
invoked only by the person
entitled to it.

Searches and Seizures

Art. III Sec. 2 1987 Constitution

Q: What is meant by right to privacy?

Ans: or the right to be alone. The right
of a person to be free from unwarranted
publicity and the right to live without
unwarranted interference by the public,
in matters which the public is not
necessarily concerned.
Alih vs. Castro 151 SCRA 279

Q: What is the applicable test in free assembly?

Ans: the purpose test: that is the test should
be the purpose for which the assembly is
held, regardless of the auspices under which
it was organized.
Q: What is a scatter- shot warrant?
Ans: warrant that does refer to one particular
offense.
People vs. Court of Appeals 216 SCRA 101

Q: What is the concept and implication of

the freedom of speech and the press?
Ans: it implies the right to freely utter and
publish whatever the citizen may please
and to be protected against any
responsibility for doing so except those
in violations of existing laws.

Q: Requisites of a valid warrant:

(A) must be based upon probable cause
(B) probable cause must be determined personally
by the judge
Placer vs. Villanueva 126 SCRA 463
(C) the determination must be made after
examination under oath or affirmation of the
complainant and witness he may produce.
Mata vs. Bayona 128 SCRA 388
(D) it must particularly described the place to be
searched and the persons or things to be seized
Nolasco vs. Pao 139 SCRA 152

9/23/2014

Warantless Arrest
(1) When such person has in fact just committed, is
actually committing or is attempting to commit an
offense is presence.
(2) When an offense has in fact just committed and
he has personal knowledge of facts indicating that
the person to be arrested committed it.
When the person to be arrested is a prisoner who has
escaped from a penal establishment or place where
he is serving final judgment or temporarily confined
while his case is pending, or has escaped while being
transferred from one confinement to another.

Q: What is the concept of liberty of abode and

travel?
Ans: means the right of a person to have his
home in whatever place chosen by him and
thereafter to change it at will and to go where
he pleases, without interference from any
source.
Q: Cases/ instances when right to travel or
liberty of abode can be legally impaired?
Ans: they are: (1) lawful order from the court
(2) National Interest

Impairment Clause

Q: What is the scope and coverage of speech

and press freedom?
Ans: Speech and press include every form of
expression, whether oral or written, tape or
disc recorder, it also includes movies as well
as what is referred to as symbolic speech
such as wearing of armband as a symbol of
protest and so is the ff. are covered by the
freedom of speech and the press.
(A) Freedom from previous restraint or
censorship
(B) Freedom to circulate opinions which may
be done in picketing
Freedom from liability as in the case of privilege
communication

Q: What is the rationale of the right to information?

Ans: the inclusion of the right to information is
justified by the ff:
(A) it is in consonance with the principle of popular
sovereignty.
(B) It will enable people to participate effectively in
governmental affairs, especially in fiscalizing the acts
of authorities.
(C) It will make fiscalization of government more
factual, responsible, and effective.
(D) Will provide a deterrent to the commission of
venalities because of the resulting awareness of
officials that their acts will be exposed to the full light
for public scrutiny and
It will reduce public suspicion of official and thus foster
rapport and harmony between the government and
the people.

Limitations
A contract valid at the time of its execution
may be legally modified or even completely
invalidated by a subsequent law.
If the law is a proper exercise of police
power, it will prevail over the contract.
-

Impairment- anything that diminishes the

efficacy of the contract.
Clemente vs. Nolting 42 Phil 702

Ortigas & Co vs. Feati Bank

94 SCRA 533
Tiro vs. Hontanosas
125 SCRA 697

9/23/2014

Ex Post Facto Law

Characteristics
The law must:
(A) refer to criminal matters
(B) be retroactive in its application
to the prejudice of the accused.

Writ of Habeas Corpus

- a prerogative writ of liberty to test
the validity of a persons detention.
It is directed to a person detaining
another commanding him to produce
the body of the person being detained
at a designated time and place and to
explain the cause of his detention.
-

Rights of the Accused

Q: What are the rights of a person is custody?
Ans: R.A. 7438
(A) right to be assisted by counsel at all times
(B) right to be informed of the rights to remain silent
(C) right to sign the written custodial investigation report
(D) his written extra- judicial confession must be signed in the
presence of his counsel or in case of a valid waiver of counsel, it
must be signed in the presence of his parents, or his brother or
sister or his spouse or municipal judge or mayor or priest or
minister.
(E) Accused shall be allowed visits or conferences with any
member of his immediate family or any medical doctor or priest
or religious minister chosen by him or by any national or nongovernmental organization accredited by the commission on
human rights.

Bill of Attainder
is a legislative act that inflicts
punishment without trial
its essence being the
substitution of legislative fiat for a
judicial determination of guilt.
-

The Constitutional Writs

(A) Writ of Amparo
(B) Writ of Habeas Data
(C) Writ of Kalikasan

Q: May an alien subject of a

deportation proceedings invoke the
Constitutional right to bail?
Ans: a deportation proceeding is
not in a nature of criminal action,
therefore the alien can not invoke
such right.
(Harvey vs. Santiago)
162 SCRA 840

9/23/2014

Q: What are the cases where the right to

self- incrimination not applicable?
Ans: (A) a witness can not refuse to
answer question simply because it will
subject him to civil liability.
Beltran vs. Samson 50 Phil 570
(B) or because his testimony would
tend to degrade or ridicule his character
or voluntary confession

Q: What are the exceptional cases to involuntary

servitude?
Ans: the Constitution provision on involuntary
servitude does not apply to the ff:
(A) relationship of parent and child
(B) exceptional services, ex. MilitaryEnlistment
(C) punishment of a person for a crime
(D) services under the police power of the
state under emergency situation
(E) workers on strike ordered by the court to
return to work

Q: What is the doctrine of supervening event?

Ans: Under this doctrine, the accused may be
prosecuted for another offense if a
subsequent development changes the
character of the first indictment under which
he may have already been convicted or
charged.
Melo vs. People 85 Phil 766
Ex. A person convicted of Physical injuries
may be prosecuted of Homicide if the victim
later dies.