Professional Documents
Culture Documents
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III. GENERAL PRINCIPLES
A. Political Law branch of public law which deals with
the organization and operations of the governmental
organs of the State and defines the relations of the
State with the inhabitants of its territory.
B. Scope/Division
1. Constitutional Law study of the maintenance of
the proper balance between authority as
represented by the 3 inherent powers of the State
and liberty as guaranteed by the Bill of Rights
2. Administrative Law Fixes the organization of the
government; Determines the competence of the
administrative authorities who execute the law; and
Indicates to the individuals remedies for the violation
of his right.
c. Spooner Amendment
Appropriation Bill of 1901.
to
the
Army
1. Biak-na-Bato Constitution
2. Malolos Constitution
PURPOSES
their
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Unwritten rules which have not been
integrated into a single, concrete form but are
scattered in various sources (statutes, judicial
decisions,
commentaries, customs and
traditions, common law principles).
Enacted (Conventional) formally struck off at a
definite time and place following a conscious or
deliberate effort taken by a constituent body or
ruler.
Evolved (Cumulative) result of political
evolution, changing by accretion rather than
by any systematic method.
Rigid amended only by formal and usually
difficult process
Flexible changed by ordinary legislation
Qualities of a good written Constitution
Broad comprehensive enough to provide for
every contingency
Brief confine to basic principles to be
implemented
Definite to prevent ambiguity
Essential parts of a good written Constitution
Constitution of Liberty sets forth the civil and
political rights of the citizens and imposing
limitations on the powers of the government
Constitution of Government outlines the
organization of the government; enumerates its
powers; and lay down rules relative to its
administration
Constitution of Sovereignty points out the mode
or procedure in accordance with formal changes in
the fundamental law may be brought about
Interpretation/Construction of the Constitution
Verba legis: given their ordinary meaning
except where technical terms are employed
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Revision
Change that alters a basic principle of the
Constitution like altering the principle of separation
of powers or system of checks and balances.
revamp or rewriting of the entire instrument
Legislative Power merely provides details for
implementation
Steps in the Amendatory Process
a. Proposal
- Congress, of ALL its members understood as
of Senate and of HRs
- Constitutional
Convention,
called
into
existence by 2/3 a vote of all the members of
Congress with the question of whether or not to
call a convention to be resolved by the people in
a plebiscite
- People through Power of Initiative, petition of
at least 12% of the total number of registered
voters, of which every legislative district must be
represented by at least 3% of the registered
voters therein power of the people to
propose amendments to the Constitution or to
propose and enact legislation through an
election called for that purpose
Limitation: No amendment w/in 5 years
following the ratification of this Constitution
nor more than once every five years
thereafter.
3 systems of initiative:
(1) Initiative on the Constitution
(2) Initiative on Statutes
(3) Initiative on Local Legislation
-
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settle actual controversies involving rights which
are legally demandable and enforceable, and to
determine whether or not there has been a grave
abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or
instrumentality of Government.
Who may exercise
- Power of the SC to decide constitutional
questions.
- Constitutional appellate jurisdiction of the SC
and implicitly recognizes the authority of lower
courts to decide questions involving the
constitutionality of laws, treaties, agreements, etc.
- Notice to SolGen is mandatory to enable him to
decide whether or not his intervention in the action
is necessary.
Functions of Judicial Review
(1) Checking
(2) Legitimizing
(3) Symbolic
Requisi tes of Judicial Review
(1) Actual case or controversy
(2) Constitutional question must be raised by the
proper party
- A partys standing in court is a procedural
technicality which may be set aside by the Court in
view of the importance of the issues involved;
paramount
public
interest/transcendental
importance
- Present substantial interest such interest of
a party in the subject matter of the action as will
entitle him under substantive law, to recover of
the evidence is sufficient, or that he has a legal
title to defend and the defendant will be protected
in payment to or recovery from him.
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- Bars judicial inquiry into a constitutional
question unless the resolution is indispensable to
the determination of the case.
- Every law has in its favor the presumption of
constitutionality, and to justify its nullification,
there must be a clear and unequivocal breach of the
Constitution.
COMMISSION ON HUMAN RIGHTS EMPLOYEES
ASSOCIATION (CHREA) VS. COMMISSION ON HUMAN
RIGHTS
A proper party is one who has sustained or is in
immediate danger of sustaining an injury as a result
of the act complained of.
The 1987 Constitution expressly and unambiguously
grants fiscal autonomy only to the Judiciary, the
constitutional commissions, and the Office of the
Ombudsman; CHR is not one of them.
GALICIO VS. AQUINO ET AL.
Locus standi or legal standing has been defined as a
personal and substantial interest in a case such that
the party has sustained or will sustain direct injury
as a result of the governmental act that is being
challenged.
A moot case is one that ceases to present a
justiciable controversy by virtue of supervening
events, so that a declaration thereon would be of
no practical use or value.
EO 7 is constitutional. The question as to
constitutionality of EO 7 serves no useful purpose
since such issue is moot in its face in light of the
enactment of R.A. No. 10149.
MANILA PRINCE HOTEL vs. GSIS
In case of doubt, the Constitution should be
considered self-executing rather than non-selfexecuting. Unless the contrary is clearly intended,
the provisions of the Constitution should be
considered self-executing, as a contrary rule would
Decisional Independence
Institutional Independence
SANIDAD VS. COMELEC
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SALONGA vs. PAO
The Court exercised the power of judicial review
even if the issue had become moot and academic
since it has the duty to formulate guiding and
controlling constitutional principles, precepts,
doctrines, or rules. Symbolic function of the
Supreme Court.
TANADA VS ANGARA
Where an action of the legislative branch is
seriously alleged to have infringed the Constitution,
it becomes not only the right but in fact the duty of
the judiciary to settle the dispute. The duty to
adjudicate remains to assure that the supremacy of
the Constitution is upheld. Once a controversy as to
the application or interpretation of a constitutional
provision is raised before this Court, it becomes a
legal issue which the Court is bound by
constitutional mandate to decide.
SANLAKAS VS. EXECUTIVE SECRETARY
Only real parties in interest or those with standing,
as the case may be, may invoke the judicial power.
The jurisdiction of this Court, even in cases involving
constitutional questions, is limited by the "case and
controversy" requirement of Art. VIII, 5. This
requirement lies at the very heart of the judicial
function. It is what differentiates decision making in
the courts from decision making in the political
departments of the government and bars the
bringing of suits by just any party.
DAVID VS. MACAPAGAL-ARROYO
The "moot and academic" principle is not a magical
formula that can automatically dissuade the courts
in resolving a case. Courts will decide cases,
otherwise moot and academic, if: first, there is a
grave violation of the Constitution; second, the
exceptional character of the situation and the
paramount public interest is involved; third, when
constitutional issue raised requires formulation of
controlling principles to guide the bench, the bar,
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Elements:
(1) People
(2) Territory
Treaty of Paris
Treaty of Washington
Treaty of Great Britain
Components:
1) Terrestrial
2) Fluvial
3) Maritime
4) Aerial
(3) Government
(4) Sovereignty
Archipelago Doctrine: the waters around, between and
connecting the islands of the archipelago, regardless of
their breadth and dimensions, form part of the internal
waters of the Philippines.
Functions of the Government:
(1) Constituent mandatory for the Government to
perform because they constitute the very bonds
of society
(2) Ministrant intended to promote the welfare,
progress and prosperity of the people and
which are merely optional for Government to
perform
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Effects of Belligerent Occupation: No change in
sovereignty.
Political laws, except the law on treason, are
suspended;
(2)
(3)
(4)
(5)
(6)
Jurisdiction
Territorial: power of the State over
persons and things within its territory.
Exemption:
(1) Foreign states, head of states, diplomatic
representatives and consuls to a certain degree;
(2) Foreign state property, including embassies,
consulates and public vessels engaged in noncommercial activities;
(3) Acts of state
(4) Foreign merchant vessels exercising the rights
of innocent passage or involuntary entry such
as arrival under stress
(5) Foreign armies passing through or stationed in
its territory with its permission; and
(6) Other persons or property, including
organizations like the UN, over which it may, by
agreement, waive jurisdiction.
Personal: power of the State over its nationals, which
may be exercised by the State even of the individual is
outside the territory of the State.
Extraterritorial: power exercised by the State beyond its
territory, example:
(1) Assertion of its personal jurisdiction over its
nationals abroad or the exercise of its right to
punish offenses committed outside its territory
(7)
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by the Philippine Government as a state or even if w/o
international personalitya, could avail of the reciprocal
provisions of our Tax Code
SHIPSIDE INC. VS CA
The Republic of the Philippines cannot be barred by the
rules on prescription
BCDA is not a mere agency of the Government but a
corporate body performing proprietary BCDA is not a
mere agency of the Government but a corporate body
performing proprietary functions.
MELCHORA CABANAS vs. FRANCISCO PILAPIL
This prerogative of parens patriae is inherent in the
supreme power of every Stat. The judiciary, as an
agency of the State acting as parens patriae, is called
upon whenever a pending suit of litigation affects one
who is a minor to accord priority to his best interest.
ANASTACIO LAUREL vs. ERIBERTO MISA
Military occupant cannot repeal or suspend operation
of law of treason.
WILLIAM F. PERALTA vs. THE DIRECTOR OF PRISONS
During a belligerent occupation, the political laws of the
occupied territory are merely suspended, subject to
revival under the principle of jus postliminium upon the
end of the occupation. But non-political laws are
deemed continued unless changed by the belligerent
occupant since they are intended to govern the
relations of individuals as among themselves.
SOUTHEAST ASIAN FISHERIES DEVELOPMENT CENTERAQUACULTURE DEPARTMENT (SEAFDEC-AQD) vs.
NLRC
International organizations enjoy immunity from local
jurisdiction.
MINUCHER vs. CA
IF THE ACTS GIVING RISE TO A SUIT ARE THOSE OF A
FOREIGN GOVERNMENT DONE BY ITS FOREIGN AGENT,
ALTHOUGH NOT NECESSARILY A DIPLOMATIC
PERSONAGE, BUT ACTING IN HIS OFFICIAL CAPACITY,
THE COMPLAINT COULD BE BARRED BY THE IMMUNITY
OF THE FOREIGN SOVEREIGN FROM SUIT WITHOUT ITS
CONSENT.
PHILIPPINE TOURISM AUTHORITY vs. PGDE
The application of state immunity is proper only when
the proceedings arise out of sovereign transactions and
not in cases of commercial activities or economic
affairs.
SSS VS. COURT OF APPEALS
SSS' own organic act specifically provides that it can sue
and be sued in Court. These words "sue and be sued"
embrace all civil process incident to a legal action. So
that, even assuming that the SSS, as it claims, enjoys
immunity from suit as an entity performing
governmental functions, by virtue of the explicit
provision of the aforecited enabling law, the
Government must be deemed to have waived immunity
in respect of the SSS, although it does not thereby
concede its liability.
BUREAU OF PRINTING VS. THE BUREAU OF PRINTING
EMPLOYEES ASSOCIATION (NLU)
The Bureau of Printing is an office of the Government
created by the Administrative Code of 1916. Indeed, as
an office of the Government, without any corporate or
juridical personality, the Bureau of Printing cannot be
sued. Any suit, action or proceeding against it, if it were
to produce any effect, would actually be a suit, action or
proceeding against the Government itself, and the rule
is settled that the Government cannot be sued without
its consent, much less over its objection.
DEPARTMENT OF AGRICULTURE VS. NLRC
Where the State gives its consent to be sued by private
parties either by general or special law, it may limit
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claimant's action "only up to the completion of
proceedings anterior to the stage of execution" and that
the power of the Courts ends when the judgment is
rendered, since government funds and properties may
not be seized under writs of execution or garnishment
to satisfy such judgments, is based on obvious
considerations of public policy. Disbursements of public
funds must be covered by the correspondent
appropriation as required by law. The functions and
public services rendered by the State cannot be allowed
to be paralyzed or disrupted by the diversion of public
funds from their legitimate and specific objects, as
appropriated by law.
SANDERS vs. VERIDIANO
Acts of public officers in the discharge of their official
duties are covered under the state immunity doctrine.
REPUBLIC VS SANDOVAL
The State's recommendation to indemnify the victims of
a certain case does not amount to waiver of immunity
from suits.
US vs RUIZ
Acts devoted to essential aspects of the state are also
covered under State immunity.
RCBC vs. DE CASTRO
The Philippine Virginia Tobacco Corporation is an
ordinary corporation subject to the Corporation Law,
and has a personality separate and distinct from the
government which owns and controls it. The funds of
the PVTA are not public funds therefore not exempt
from garnishment. When the government enters into
commercial business, it abandons its sovereign capacity
and is to be treated like any other corporation.
MUNICIPALITY OF MAKATI vs. CA
The State's power of eminent domain should be
exercised within the bounds of fair play and justice. In
the case at bar, considering that valuable property has
been taken, the compensation to be paid fixed and the
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VI. FUNDAMENTAL POWERS OF THE STATE
Inherent powers of the State
1. Police Power
2. Eminent Domain
3. Power of Taxation
Similarities
1. inherent in the state, without need of express
constitutional grant
2. necessary and indispensable
3. methods by which the state interferes with
private property
4. presupposes equivalent compensation
5. exercised primarily by legislature
Distinctions
1. Police power regulates liberty and property
Eminent domain and taxation affects only
property rights
2. Police power and taxation are exercised only by
government
Eminent domain may be exercised by private
entities
3. Property taken in police power is usually
noxious or intended for noxious purposes and
may be destroyed
In eminent domain and taxation, the property is
wholesome and devoted to public
use/purpose.
4. Compensation in police power is the intangible,
altruistic feeling that the individual has
contributed to the public good;
In eminent domain, it is the full and fair
equivalent of the property taken;
In taxation, it is the protection given and/or
public improvements instituted by
government for
taxes paid.
Limitations
1. Bill of Rights
2. Courts may annul improvident exercise of police
power
Police Power
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(6) Must be general in application and consistent
with public policy
Power of Eminent Domain (Power of Expropriation)
Jurisdiction
RTC
Who may exercise the power
Congress
By
delegation,
the
President,
administrative bodies, LGUs and even
private enterprises performing public
services
Requisites
(1) Necessity
(2) Private Property, except money and
choses in action
(3) Taking in the constitutional sense
(4) Public use
(5) Just Compensation full and fair
equivalent of the property taken; fair
market value of the property
Judicial Prerogative
Ascertainment of what constitutes just
compensation for property taken in
eminent domain cases is a judicial
prerogative.
Form of Compensation
Paid in money and no other form.
In agrarian reform, payment is allowed
to be made partly in bonds because
under the CARP, we do not deal with
the traditional exercise of the power of
eminent domain; we deal with a
revolutionary kind of expropriation.
Reckoning point of market value of the property
Date of the taking or the filing of the
complaint, whichever comes first.
given
an
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Writ of Possession, ministerial upon:
(1) Filing of complaint for expropriation
sufficient in form and substance
(2) Upon deposit by the government of the
amount equivalent to 15% of the FMV
of the property per current tax
declaration
The plaintiffs right to dismiss the complaint has
always been subject to Court approval and to certain
conditions, because the landowner may have already
suffered damages at the start of the taking.
Right to repurchase or re-acquire the property
Property owners right to repurchase
the property depends upon the
character of the title acquired by the
expropriator: if land is expropriated for
a particular purpose with the condition
that when that purpose is ended or
abandoned, the property shall revert to
the former owner, the former owner
can re-acquire the property.
Lands for socialized housing are to be acquired in the
following order:
(1) Government lands
(2) Alienable lands of the public domain
(3) Unregistered, abandoned or idle lands;
(4) Lands within the declared Areas for Priority
Development, Zonal Improvement Program
sites, Slum Improvement and Resettlement
sites which have not yet been acquired;
(5) BLISS sites which have not yet been acquired;
and
(6) Privately owned lands
The mode of expropriation is subject to 2 conditions:
(1) Resorted to only when the other modes of
acquisition have been exhausted
(2) Parcels owned by small property owners are
exempt from such acquisition
Small property owners:
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NY TIMES vs. US
Any system of prior restraint comes to this court bears a
heavy presumption AGAINST its constitutional validity.
The government thus carry a heavy burden of showing
a justification for the imposition of such a restraint.
PHILIPPINE PRESS INSTITUTE, INC. V. COMELEC
To compel print media companies to donate "Comelec
space" amounts to "taking" of private personal property
for public use or purposes. The taking of private
property for public use is, of course, authorized by the
Constitution, but not without payment of "just
compensation" (Article III, Section 9).
No attempt was made to demonstrate that a real and
palpable or urgent necessity for the taking of print
space confronted the Comelec and that Section 2 of
Resolution No. 2772 was itself the only reasonable and
calibrated response to such necessity available to the
Comelec.
TIO vs. VIDEOGRAM REGULATORY BOARD
The public purpose of a tax may legally exist even if the
motive which impelled the legislature to impose the tax
was to favor one industry over another. "It is inherent in
the power to tax that a state be free to select the
subjects of taxation, and it has been repeatedly held
that "inequities which result from a singling out of one
particular class for taxation or exemption infringe no
constitutional limitation'." Taxation has been made the
implement of the state's police power.
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education, good order, safety, and general welfare of
the people. Moreover, statutes in exercise of valid
police power must be read into every contract.
CHAVEZ vs. ROMULO
In a number of cases, the SC laid down the test to
determine the validity of a police measure, thus: The
interests of the public generally, as distinguished from
those of a particular class, require the exercise of the
police power; and the means employed are reasonably
necessary for the accomplishment of the purpose and
not unduly oppressive upon individuals.
MMDA vs. BEL-AIR VILLAGE ASSOCIATION
MMDA is not vested with police power. Its functions are
merely administrative in nature.
PROFESSIONAL REGULATION COMMISSION (PRC) vs.
DE GUZMAN
The Professional Regulation Commission, pursuant to
the exercise of its police power, has the authority to
regulate the medical profession.
JMM PROMOTION AND MANAGEMENT, INC. VS. CA
No right is absolute, and the proper regulation of a
profession, calling, business or trade has always been
upheld as a legitimate subject of a valid exercise of the
police power by the State particularly when their
conduct affects either the execution of legitimate
governmental functions, the preservation of the State,
the public health and welfare and public morals.
DELA CRUZ VS. PARAS
It is a general rule that ordinances passed by virtue of
the implied power found in the general welfare clause
must be reasonable, consonant with the general powers
and purposes of the corporation, and not inconsistent
with the laws or policy of the State.
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FILSTREAM INTERNATIONAL INCORPORATED vs.
COURT OF APPEALS
Preamble
Does not confer rights nor impose duties
Indicates authorship of the Constitution
Enumerates the primary aims and aspirations of
the framers
Serves as an aid in the construction of the
Constitution
Republicanism
The Philippines is a democratic and republican
state. Sovereignty resides in the people and all
government authority emanates from them.
Essential features
(1) Representation
(2) Renovation
Manifestations
(1) Government of law and not of men
(2) Rule of majority
(3) Accountability of public officials
(4) Bill of rights
(5) Legislature cannot pass irrepealable laws
(6) Separation of powers
Purpose
To prevent concentration of authority in one
person or group of persons that might lead to an
irreversible error or abuse in its exercise to the
detriment of republican institutions.
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department but are assigned to or
shared by several departments.
Principle of Checks and Balances
This allows one department to resist
encroachments upon its prerogatives or
to rectify mistakes or excesses
committed by the other departments.
Doctrine of Necessary Implication
Absence of express conferment, the
exercise of the power may be justified
under this doctrine, that the grant of an
express power carries with it all other
powers that may be reasonably inferred
from it.
(4)
(5)
(1)
(2)
A purely justiciable question implies a given right,
legally demandable and enforceable, an act or omission
violative of such right, and a remedy granted and
sanctioned by law for said breach of right.
Political question is a question of policy. It refers to
those questions which, under the Constitution, are to
be decided by the people in their sovereign capacity, or
in regard to which full discretionary authority has been
delegated to the legislative or executive branch of
government. It is concerned with issues dependent
upon wisdom, not legality of particular measure.
Delegation of powers
Potestas delegate non potest delegare
Delegated power constitutes not only a right but
a duty to be performed by the delegate through
the instrumentality of his own judgment and not
through the intervening mind of another.
Permissible delegation
(1) Tariff powers to the president
(2) Emergency powers to the president (in times
of war or national emergency)
(3) Delegation to the people specific provisions
where the people have reserved to themselves
the function of legislation
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Civilian Supremacy
Civilian authority is, at all times
supreme over the military. The AFP is
the protector of the people and the
State. Its goal is to secure the
sovereignty pf the State and integrity of
the national territory.
Duty of Government; people to defend the State
The prime duty of the Government is to
serve and protect the people.
The Government may call upon the
people to defend the State and, in the
fulfillment thereof, all citizens may be
required, under conditions provided by
law, to render personal military or civil
service.
The maintenance of peace and order,
the protection of life, liberty and
property, and the promotion of the
general welfare are essential for the
enjoyment by all the people of the
blessings of democracy.
Right to Bear Arms: statutory, not constitutional right.
Exceptions
(1) Section 28(3), Article 6: Exemption from
taxation
(2) Section 29(2), Article 6: Prohibition against
sectarian benefit, except when priest is
assigned to the armed forces or to any penal
institution or government orphanage or
leprosarium
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VILLAVICENCIO VS LUKBAN
"The law," said Justice Miller, delivering the opinion of
the Supreme Court of the United States, "is the only
supreme power in our system of government, and
every man who by accepting office participates in its
functions is only the more strongly bound to submit
to that supremacy, and to observe the limitations
which it imposes upon the exercise of the authority
which it gives."
(1) The Government of the Philippine Islands is a
government of laws and not of men.
(2) No official, however high, is above the law.
(3) The courts are the forum which functionate to
safeguard individual liberty and to punish official
transgressors.
Government of Laws. Law defines power. Centuries
ago Magna Charta decreed that "No freeman shall
be taken, or imprisoned, or be disseized of his
freehold, or liberties, or free customs, or be outlawed,
or exiled, or any other wise destroyed; nor will we
pass upon him nor condemn him, but by lawful
judgment of his peers or by the law of the land. We
will sell to no man, we will not deny or defer to any
man either justice or right." (Magna Charta, 9 Hen.,
111, 1225, Cap. 29; 1 eng. stat. at Large, 7.) No
official, no matter how high, is above the law. The
courts are the forum which functionate to safeguard
individual liberty and to punish official transgressors.
"The law," said Justice Miller, delivering the opinion of
the Supreme Court of the United States, "is the only
supreme power in our system of government, and
every man who by accepting office participates in its
functions is only the more strongly bound to submit
to that supremacy, and to observe the limitations
which it imposes upon the exercise of the authority
which it gives." (U.S. vs. Lee [1882], 106 U.S., 196,
220.) "The very idea," said Justice Matthews of the
same high tribunal in another case, "that one man
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conflicting claims of authority under the Constitution
and to establish for the parties in an actual controversy
the rights which that instrument secures and
guarantees to them. This is in truth all that is involved in
what is termed "judicial supremacy" which properly is
the power of judicial review under the Constitution.
SYSTEM ITSELF NOT THE CHIEF PALLADIUM OF
CONSTITUTIONAL LIBERTY; SUCCESS MUST BE TESTED
IN THE CRUCIBLE OF FILIPINO MINDS AND HEARTS.
But much as we might postulate on the internal checks
of power provided in our Constitution, it ought not the
less to be remembered that, in the language of James
Madison, the system itself is not "the chief palladium of
constitutional liberty . . . the people who are authors of
this blessing must also be its guardians . . . their eyes
must be ever ready to mark, their voice to pronounce . .
. aggression on the authority of their constitution." In
the last and ultimate analysis, then, must the success of
our government in the unfolding years to come be
tested in the crucible of Filipino minds and hearts than
in the consultation rooms and court chambers.
MARCOS vs MANGLAPUS
The request or demand of the Marcoses to be allowed
to return to the Philippines cannot be considered in the
light solely of the constitutional provisions guaranteeing
liberty of abode and the right to travel, subject to
certain exceptions, or of case law which clearly never
contemplated situations even remotely similar to the
present one. It must be treated as a matter that is
appropriately addressed to those residual unstated
powers of the President which are implicit in and
correlative to the paramount duty residing in that office
to safeguard and protect general welfare; The right to
return to one's country is not among the rights
specifically guaranteed in the Bill of Rights, which treats
only of the liberty of abode and the right to travel.
CASIBANG vs AQUINO
A purely justiciable question implies a given right,
legally demandable and enforceable, an act or omission
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CALALANG VS WILLIAMS
FORMULA FOR CONSTITUTIONAL HARMONY -To this fundamental aim of our Government the rights
of the individual are subordinated. Liberty is a blessing
without which life is a misery, but liberty should not be
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full employment and equality of employment
opportunities for all, including an assurance of
entitlement to tenurial security of all workers. Similarly,
Section 14 of Article XIII mandates that the State shall
protect working women through provisions for
opportunities that would enable them to reach their full
potential.
OPOSA VS. FACTORAN
While the right to a balanced and healthful ecology is to
be found under the Declaration of Principles and State
Policies and not under the Bill of Rights, it does not
follow that it is less important than any of the civil and
political rights enumerated in the latter. Such a right
belongs to a different category of rights altogether for it
concerns nothing less than self-preservation and selfperpetuation aptly and fittingly stressed by the
petitioners the advancement of which may even be
said to predate all governments and constitutions. As a
matter of fact, these basic rights need not even be
written in the Constitution for they are assumed to exist
from the inception of humankind. If they are now
explicitly mentioned in the fundamental charter, it is
because of the well-founded fear of its framers that
unless the rights to a balanced and healthful ecology
and to health are mandated as state policies by the
Constitution itself, thereby highlighting their continuing
importance and imposing upon the state a solemn
obligation to preserve the first and protect and advance
the second, the day would not be too far when all else
would be lost not only for the present generation, but
also for those to come generations which stand to
inherit nothing but parched earth incapable of
sustaining life.
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VIII. BILL OF RIGHTS
Definition
Set of prescriptions setting forth the fundamental
civil and political rights of the individual, and
imposing limitations on the powers of
government.
Generally, any government action in violation of
the Bill of Rights is void.
Generally self-executing.
Civil Rights
Right that belong to every citizen of the state or
country and are not connected with the
organization or administration of government.
Political Rights
Right to participate, directly or indirectly, in the
establishment or administration of government.
Due Process of Law: No person shall be deprived of life,
liberty or property without due process of law
Definition
A law which hears before it condemns,
which proceeds upon inquiry and
renders judgment only after trial.
Who are protected
Universal in application to all persons
Artificial persons are covered by the protection
only insofar as their property is concerned
Guarantee extends to aliens and includes the
means of livelihood
Meaning of life, liberty and property
Life: right of an individual to his body in its
completeness, free from dismemberment and
extends to the use of God-given faculties which
makes life enjoyable
Liberty: the right to exist and the right to be free
from arbitrary personal restraint or servitude;
includes the right to be free to use his faculties in
all lawful ways
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Scope of Equality
Economic
(1) Free access to courts
(2) Marine wealth reserved for Filipino
citizens
(3) Reduction of social, economic and
political inequalities
Political
(1) Free access to courts
(2) Bona fide candidates being free
from harassment/discrimination
(3) Reduction of social, economic and
political inequalities
Social
Valid Classification
(1) Substantial distinctions
(2) Germane to the purpose of the law
(3) Not limited to existing conditions only
(4) Must apply equally to all members of
the same class
Searches and Seizures
Scope
Available to all persons, including aliens,
whether accused of a crime or not.
Artificial persons are also entitled to the
guarantee, although they may be required to
open their books of accounts for examination
by the State in the exercise of police and
taxing powers.
Right is personal
Objection must be raised before the accused
enters his plea
Procedural Rules
1. warrantless arrest is not a jurisdictional defect
and any objection thereto is waived when the
person arrested submits to arraignment
without any objection;
2. where a criminal case is pending, the Court
wherein it is filed, or the assigned branch, has
primary jurisdiction to issue the search warrant;
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3. where no criminal case has been filed, the
executive judges or their lawful substitutes, in
the areas and for the offense contemplated
shall have primary jurisdiction;
4. moment the information is filed with the RTC, it is
that court which must issue the warrant of
arrest;
5. the judge may order the quashal of a warrant he
issued even after the same had already been
implemented, particularly when such quashal is
based on the finding that there is no offense
committed items seized shall be inadmissible
in evidence
Only a judge may issue a warrant
Exception: order of arrest may be issued
by administrative authorities but only for
the purpose of carrying out a final
finding of a violation of law, e.g. an order
of deportation or an order of contempt
but not for the sole purpose of
investigation or prosecution.
Requisites for a Valid Warrant
(1) Probable cause
(2) Determination of probable cause personally by
the judge
(3) After examination under oath or affirmation of
the complainant and the witnesses he may
produce
(4) Particularity of description
The judge shall
(1) Personally evaluate the report and the
supporting documents submitted by the fiscal
regarding the existence of probable cause and,
on the basis thereof, issue a warrant of arrest;
or
(2) If on the basis thereof, he finds no probable
cause, he may disregard the prosecutors report
band require the submission of supporting
affidavits of witnesses.
Principles:
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when the things described are limited to those which
bear direct relation to the offense for which the warrant
is being issued.
Properties Subject of Seizure:
(1) Subject of the offense
(2) Stolen or embezzled property and other
proceeds or fruits of the offense; and
(3) Property used or intended to be used as means
for the commission of an offense
Conduct of the Search
(1) Lawful occupant
(2) Any member of his family
(3) 2 witnesses, of sufficient age and discretion,
residing in the same locality
Warrantless arrests by a peace officer or a private
person:
(1) When the person to be arrested has committed,
Warrantless Searches
(1) When the right is voluntarily waived;
(2) When there is a valid reason to stop-and-frisk;
(3) Where the search (and seizure) is an incident to
a lawful arrest;
(4) Search of vessels and aircrafts;
(5) Search of moving vehicles;
(6) Inspection of buildings and other premises for
the enforcement of fire, sanitary and building
regulations;
(7) Where prohibited articles are in plain view;
(8) Search and seizure under exigent and
emergency circumstances; and
(9) Conduct of areal target zoning or saturation
drive/s as valid exercise of military powers of
the President (Guanzon vs. de Villa)
is actually committing or is attempting to
commit an offense in his presence;
(2) When the offense had just been committed and
there is probable cause to believe, based on his
personal knowledge of facts and of other
circumstances, that the person to be arrested
has committed the offense;
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(3) That the person had an actual intention to
relinquish the right.
Searches of Passengers at Airports
- When the accused checked in his luggage as a
passenger of a plane, he agreed to the
inspection of his luggage in accordance with
customs laws and regulations, and thus waived
any objection to a warrantless search.
- Search made pursuant to routine airport
security is allowed under RA 6235, which
provides that every airline ticket shall contain a
condition that hand-carried luggage, etc., shall
be subject to search, and this condition shall
form part of the contract between the
passenger and the air carrier.
Stop and Frisk
- Vernacular designation of the right of a police
officer to stop a citizen on the street,
interrogate him and pat him for weapons
whenever he observes unusual conduct which
leads him to conclude that criminal activity may
be afoot.
- Requisites:
1. police officer should properly introduce
himself and make initial inquiries
2. approach and restrain a person who
manifests unusual and suspicious
conduct in order to check the latters
outer clothing for possible concealed
weapon
3. must have a genuine reason, in
accordance with experience and the
surrounding conditions, to warrant the
belief that the person to be held has
weapons or contraband concealed
about him
4. search and seizure should precede the
arrest
Exception: People vs. Sucro warrantless
search and seizure can be made
without
necessarily being preceded by an arrest provided that
the said
search is effected on the basis of
probable cause.
-
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Fishing vessel found to be violating fishery laws may be
seized without a warrant:
(1) usually equipped with powerful motors that
enable them to elude pursuit and
(2) seizure would be incident to a lawful arrest
Search of moving vehicles
- justified on the ground that it is not practicable
to secure a warrant because the vehicle can be
moved quickly out of the locality or jurisdiction
in which the warrant may be sought.
- Prevent violations of smuggling or immigration
laws, provided that such searches are made at
borders or constructive borders (e.g.
checkpoints near the boundary lines of the
state).
Stop and search without a warrant at a military or
police checkpoints
- Not illegal per se so long as it is required by the
exigencies of public order and conducted in a
way least intrusive to motorists. (Valmonte vs.
de Villa)
Checkpoint Search
(1) Mere routine inspection: the search is normally
permissible when it is limited to a mere visual
search, where the occupants are not subjected
to a physical or body search.
(2) Extensive search: constitutionally permissible if
the officers conducting the search had
reasonable or probable cause to believe, before
the search, that either the motorist is a law
offender or they will find the instrumentality or
evidence pertaining to a crime in the vehicle to
be searched.
Inspection of buildings and other premises for the
enforcement of fire, sanitary and building regulations
- Exercise of police power of the State
- Must be conducted during reasonable hours
Prohibited articles are in plain view
Plain View
- Object is plainly exposed to sight.
- Where the object seized is inside a closed
package, the object is not in plain view and,
therefore, cannot be seized without a warrant.
- Package proclaims its contents transparency,
distinctive configuration or contents are
obvious to an observer.
- People vs. Salanguit: once the valid portion of
the search warrant has been executed, the
plain view doctrine can no longer provide any
basis for admitting the other items
subsequently found (marijuana was also
wrapped in newspaper which was not
transparent.warrant for shabu and drug
paraphernalia, found the shabu first)
- Doctrine is not an exception to the warrant. It
serves to supplement the prior justification. It is
a recognition that of the fact that when
executing police officers come across
immediately incriminating evidence not covered
by the warrant, they should not be required to
close their eyes to it, regardless of whether it is
evidence of the crime they are investigating or
evidence of some other crime. It would be
needless to require the police to obtain another
warrant.
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Freedom of Expression
- No law shall be passed abridging the freedom of
speech, of expression nor of the press, or the
right of the people peaceably to assemble and
petition the government for redress of
grievances.
- Scope: Any and all modes of expression.
Aspects:
(1) Freedom from censorship or prior restraint
- Need not be total suppression, even
restriction of circulation constitutes
censorship.
- Section 11 (b), RA 66461: legitimate
exercise of the police power of the State
to regulate media or communication and
information for the purpose of ensuring
equal opportunity, time and space for
political campaigns. Unrelated to
suppression of speech as it is only
incidental and no more than is necessary
to achieve the purpose of achieving the
purpose of promoting equality.
- Movie censorship: movie, compared to
other media of expression, have a greater
capacity for evil and must, therefore, be
subjected to a greater degree of
regulation.
- Power of MTRCB can be exercised only
for purposes of classification not
censorship.
- Primacy of freedom of expression over
Enriles right to privacy because Enrile
was a public figure and a public figures
right to privacy is narrower than that of
an ordinary citizen. (Ayer Productions vs.
Judge Capulong)
- Board of Review for Motion Pictures and
Television (BRMPT) X-rating when the
program would create a clear and present
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danger of an evil which the State has the
right to prevent. (Inglesi ni Cristo vs. CA)
- No law prohibiting the holding and
reporting of exit poll. (ABS-CBN
Broadcasting Corporation vs. COMELEC)
- Test for the validity of government
regulation, valid if (OBrien Test):
1. within the constitutional power of
government;
2. furthers an important or substantial
government interest;
3. government interest is unrelated to the
suppression of free expression; and
4. incidental restriction on the freedom is
no greater than is essential to the
furtherance of that interest.
- Overbreadth
Doctrine:
prohibits
government from achieving its purpose
by means that sweep unnecessarily
broadly,
reaching
constitutionally
protected as well as unprotected
activity.
(2) Freedom from subsequent punishment
- Without this assurance, the individual would
hesitate to speak for fear that he might be
held accountable for his speech, or that he
might be provoking the vengeance of the
officials he may have criticized.
- Not absolute and may be properly regulated
in the interest of the public.
- State may validly impose penal and/or
administrative sanctions, such as:
1. Libel
- Public and malicious imputation of a crime,
or of a vice or defect, real or imaginary, or
any act, omission, condition, status or
circumstance tending to cause the
dishonor, discredit or contempt of a
natural or juridical person, or to blacken
the memory of one who is dead.
- Oral defamation is called slander.
- Every defamatory imputation is presumed
to be malicious.
Exceptions:
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Freedom of Religion
- No law shall be made respecting an
establishment of religion or prohibiting the free
exercise thereof.
- The free exercise and enjoyment of religious
profession and worship, without discrimination
or preference, shall forever be allowed. No
religious test shall be required for the exercise
of civil or political rights.
- 2 guarantees:
1. non-establishment clause
2. freedom of religious profession and
worship
- Non-establishment clause: separation of Church
and State
1. cannot be registered as a political party;
2. no sectoral representative from the
religious sector; and
3. prohibition against the use of public money
or property for the benefit of any religion,
or of any priest, minister or ecclesiastic.
- Exceptions:
1. exception from taxation of properties
actually, directly and exclusively used for
religious purposes;
2. citizenship requirement of ownership of
educational institutions, except those
established by religious groups and mission
boards;
3. optional religious instruction in public
elementary and high schools expressed
in writing by the parents/guardians, taught
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Free Exercise Clause
Aspects of freedom of religious profession
and worship:
1. right to believe, which is absolute
2. right to act according to ones belief,
which is subject to regulation.
Constitutional guarantee of free exercise
pf religious profession and worship
carries with it the right to disseminate
religious information, and any restraint
of such right can be justified only on the
ground that there is a clear and present
danger of an evil which the State has the
right to prevent.
- The compelling State interest test:
Estrada vs. Escritor (administratively
charged with immorality for living with a
married man, not her husband; conjugal
arrangement was in conformity with their
religious beliefs)
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.
Thus, although the morality contemplated
by laws is secular, benevolent neutrality
could allow for accommodation of morality
based on religion, provided it does not
offend compelling state interest.
2 steps:
1) Whether respondents right to religious
freedom has been burdened and
2) Ascertain respondents sincerity in his
beliefs.
- State regulations imposed on solicitations for
religious purposes do not constitute an
abridgment of freedom of religion; but are NOT
covered by PD 1564 (Solicitation Permit Law)
which required prior permit from DSWD in
solicitations for charitable or public welfare
purposes;
-
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-
Principles:
1) The Hold-departure Order is but an exercise
of the courts inherent power to preserve
and maintain the effectiveness of its
jurisdiction over the case and over the
person of the accused;
2) By posting bail, the accused holds himself
amenable at all times to the orders and
processes of the court, thus, she may be
legally prohibited from leaving the country
during the pendency of the case; and
3) Parties with pending cases should apply for
permission to leave the country from the
very same courts which, in the first
instance, are in the best position to pass
upon such applications and to impose
appropriate conditions therefore, since they
are conversant with the facts of the cases
and the ramifications or implications
thereof.
- The persons right to travel is subject to the
usual constraints imposed by the very
necessity of safeguarding the system of
justice. Whether the accused should be
permitted to leave the country for
humanitarian reasons is a matter addressed
to the courts discretion.
Right to Information
- Right of the people to information on matters
of public concern shall be recognized.
- Access to official records and to documents and
papers pertaining to official acts, transactions pr
decisions as well as to government research
data used as basis for policy development shall
be afforded the citizen, subject to such
limitations as may be provided by law.
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-
Non-impairment Clause
- No law impairing the obligation of contracts
shall be passed.
- To fall within the prohibition, the change must
not only impair the obligation of the existing
contract, but the impairment must be
substantial.
- Change in the rights of the parties with
reference to each other and not with respect to
non-parties.
- Impairment: anything that diminishes the
efficacy of the contract
- Substantial impairment when the law changes
either
1) Time of performance
2) Mode of performance
3) Imposes new conditions
4) Dispenses with those expressed
5) Authorizes for its satisfaction something
different from that provided in its terms
- Limitations:
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-
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the interests of the accused merits
disapprobation.
Independent Counsel: not special counsel,
City legal officer, Mayor, public/private
prosecutor, counsel of the police, or a
municipal attorney, whose interest is
admittedly adverse to the accused.
Preferably of his own choice does not
mean that the choice of a lawyer by a
person under investigation is exclusive as
to preclude other equally competent and
independent attorneys from handling
the defense.
Choice of lawyer when accused cannot
afford final say is still with the accused
who may reject said lawyer; deemed
engaged by the accused when he does
not object.
Confession obtained after charges had
already been filed: The right to counsel
still applies in certain pre-trial
proceedings that are considered critical
stages in the criminal process. Custodial
interrogation before or after charges
have been filed, and non-custodial
interrogation after the accused has
been formally charged, are considered
critical pre-trial stages in the criminal
process.
3) To be informed of such rights;
Transmission of meaningful information
rather than just ceremonial and
perfunctory recitation of an abstract
constitutional principle.
P must show that the accused
understood what he read and the
consequences of his waiver.
Right to be informed carries with it the
correlative obligation on the part of the
investigator to explain and contemplates
an effective communication which
results in the subject understanding
what is conveyed. (degree of explanation
4)
5)
6)
7)
1)
2)
1)
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WHITE LIGHT CORPORATION ET. AL. VS CITY OF
MANILA
The rights at stake herein fell within the same
fundamental rights to liberty. Liberty as guaranteed by
the Constitution was defined by Justice Malcolm to
include the right to exist and the right to be free from
arbitrary restraint or servitude. The term cannot be
dwarfed into mere freedom from physical restraint of
the person of the citizen, but is deemed to embrace the
right of man to enjoy the facilities with which he has
been endowed by his Creator, subject only to such
restraint as are necessary for the common welfare.
SILAHIS INTERNATIONAL HOTEL INC VS SOLUTA
While it is doctrinal that the right against unreasonable
searches and seizures is a personal right which may be
waived expressly or impliedly, a waiver by implication
cannot be presumed. There must be clear and
convincing evidence of an actual intention to relinquish
it to constitute a waiver thereof.28 There must be proof
of the following: (a) that the right exists; (b) that the
person involved had knowledge, either actual or
constructive, of the existence of such right; and, (c) that
the said person had an actual intention to relinquish the
right. In other words, the waiver must be voluntarily,
knowingly and intelligently made.
RUBI vs. PROVINCIAL BOARD OF MINDORO
The legislature is permitted to delegate legislative
powers to the local authorities on matters that are of
purely local concerns.
BAPTISTA vs. VILLANUEVA
The essence of due process is simply to be heard, or as
applied to administrative proceedings, an opportunity
to explain one's side, or an opportunity to seek a
reconsideration of the action or ruling complained of.
ORQUIOLA vs. TANDANG SORA DEVELOPMENT
CORPORATION
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HEIRS OF BUGARIN V. REPUBLIC
Essence of Due process is right to be heard. Due process
is satisfied when the parties are afforded a fair and
reasonable opportunity to explain their respective sides
of the controversy. Thus, when the party seeking due
process was in fact given several opportunities to be
heard and air his side, but it is by his own fault or choice
he squanders these chances, then his cry for due
process must fail.
AGUILAR V. O'PALLICK
The principle that a person cannot be prejudiced by a
ruling rendered in an action or proceeding in which he
was not made a party conforms to the constitutional
guarantee of due process of law.
COSCOLLUELA V. SANDIGANBAYAN
ZALDIVAR V. SANDIGANBAYAN
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to faithfully execute the laws and observe the rules,
guidelines and policies as to the selection of the
nominees for conferment of the Order of National
Artists. This duty proscribed her from having a free and
uninhibited hand in the conferment of the said award.
ROQUE VS OMBUDSMAN
The long and unexplained delay in the resolution of the
criminal complaints against petitioners was not
corrected by the eventual filing of the Informations. The
Court ruled that the inordinate delay in terminating
the preliminary investigation and filing the information
in the instant case is violative of the constitutionally
guaranteed right of the petitioner to due process and
the speedy disposition of cases against him.
Accordingly, the informations should be dismissed.
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STONEHILL vs. DIOKNO
The legality of a seizure can be contested only by the
party whose rights have been impaired thereby|and
that the objection to an unlawful search and seizure is
purely personal and cannot be availed of by third
parties.
PEOPLE vs. BELOCURA
The rule that there must first be a warrant of arrest and
search warrant is not absolute.
GAMBOA vs. CHAN
The right to privacy is not absolute where there is an
overriding compelling state interest.
NOLASCO vs. PANO
Search warrants which are too general are void for
being violative of the Constitutional mandate provided
under Sec. 3, Article 4 of the Constitution.
The rule that articles seized under an invalid search
warrant should be returned is not absolute and admits
of certain exceptions.
GARCIA vs. EXECUTIVE SECREATARY
The equal protection clause guaranteed under the
Constitution extends to the class of those who have
been convicted by any court.
PEOPLE VS. CA
THE CAS FINDINGS CAN NO LONGER BE REVERSED,
DISTURBED AND SET ASIDE WITHOUT VIOLATING THE
RULE AGAINST DOUBLE JEOPARDY.
DR. ERNESTO I. MAQUILING, vs. PHILIPPINE
TUBERCULOSIS SOCIETY, INC. (PTS)
The twin requirements of notice and hearing constitute
elements of due process in cases of employees
dismissal; the requirement of notice is intended to
POLITICAL LAW 46
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opinion should be the constant source of liberty and
democracy.
RODEL LUZ y ONG, vs. PEOPLE
The United States (U.S.) Supreme Court also discussed
in Berkemer v. McCarty at length whether the roadside
questioning of a motorist detained pursuant to a
routine traffic stop should be considered custodial
interrogation. The Court held that, such questioning
does not fall under custodial interrogation, nor can it be
considered a formal arrest, by virtue of the nature of
the questioning, the expectations of the motorist and
the officer, and the length of time the procedure is
conducted. Since the motorist therein was only
subjected to modest questions while still at the scene of
the traffic stop, he was not at that moment placed
under custody (such that he should have been apprised
of his Miranda rights), and neither can treatment of this
sort be fairly characterized as the functional equivalent
of a formal arrest.