Philippine Blooming Mills Employees Organization vs.

Philippine Blooming Mills Co.

Key: Union wanted to hold demonstration against Pasig Police. PBM wanted 1 st shift
workers to go to work the next day.
On the Right to Freedom of Expression

Freedom of expression holds a primordial position in the hierarchy of rights.

Human rights are prioritized over property rights. Proof is that to violate
property rights, government acts must only pass a reasonable relationship
test, while to violate human rights, they must pass a clear and present
danger tests.
Employment is a form of property.

On the Right to Procedural Due Process

Procedural rules should not be used to defeat the ends of justice.

CIR can be more flexible in its application of the rules of procedure when
substantive justice would be otherwise impaired.

Association of Small Landowners vs DAR

Key: Landowners challenged the constitutionality of the Comprehensive Land
Reform Program.
On Substantive Due Process:

When inquiring about the purpose behind an act, if it is found in the

Constitution, then it is always a legitimate state purpose.

On Equal Protection:

Cited People v. Cayat in listing the four requirements for a valid distinction
under the equal protection of the laws
1. Based on 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 class

On the Power of Eminent Domain

Requirements of a Compensable Taking, citing Republic v. Vda. De Castellvi

1. Expropriator enters
2. Entry is for more than a momentary period
3. The entry is under color, warrant, or title of authority

4. The taking is for a public use

5. The taking ousts the owner of his beneficial ownership
Requirements of a valid exercise of the power of eminent domain
1. Public Use
2. Just Compensation
On just compensation
1. Just compensation is nothing more than the full and fair equivalent of
the property taken from its owner by the expropriator
2. Traditionally, the payment of just compensation is made in money.
However, the Comprehensive Agrarian Reform Program is more than
the usual exercise of the power of eminent domain; it is revolutionary.
Therefore, it will involve more than millions.
Thus, the payment in GOCC stocks, DBP and LBP bonds is valid.

Rubi vs. Provincial Board of Mindoro

Key: Mangyans were to be relocated to Tigbao, Mindoro Occidental.
On due process

Citing US jurisprudence on Native Americans, it was held that even though

non-Christian tribes were of a low level of civilization and intelligence, still
they had the right to due process, in particular the right to petition for
habeas corpus.
Liberty does not mean license, but always implies restriction by the
government for the common good. Thus, it may be taken away with due
process of law.
What is due process of law depends on circumstances. It varies with the
subject matter and necessities of the situation. (citing Moyer v. Peablody)
Due process does not always require a trial-type proceeding. Rather, all that
is required is that
1. Law prescribed is in harmony with the general powers of the legislature
2. Law is reasonable in its operation.
3. It shall be enforced according to regular modes of procedure
prescribed.
4. The law is applicable alike to all citizens of the state or to all of a class.

Cruz v. NCIP
Key: Challenges to IPRA.
Persuasive Arguments (NOT DOCTRINAL):
-That the IPRA is constitutional
PUNO:

The Regalian Doctrine in the Philippines has a long history stretching back to
the laws of the Indies, through the American Occupation, down to the Public
Lands Act and the Torrens Title System.

Lao Gi vs. CA
Key: Chinese person deportation case
On the power of the state to deport

The state has to power, under the authority of sovereign power, to deport.
o Police measure against undesirable aliens whose presence in the
Philippines is found to be injurious to the public good and the
tranquility of the people.
However, while the Commission on Immigration and Deportation has the
power to issue an order to deport, the order must be predicated on a positive
finding that the person is an alien.

On due process

Although a deportation proceeding is not by nature the same as a criminal

action, the constitutional right of a person to due process should not be
denied.
o Thus, in a deportation proceeding, certain rules of criminal procedure
should still be applicable.
1. Preliminary investigation before filing a charge for deportation
2. Issuance of arrest warrants
3. Warrantless arrests and Service of warrants should be in
accordance with Rules of Court

Sombong vs. CA
Key: Missing child case
On the writ of habeas corpus

Devised as a speedy and effectual remedy to relieve persons from unlawful

restraint and as the best and only sufficient defense of personal freedom.
The prime specification for application is the restraint of liberty
The essential object and purpose is to inquire into all manner of involuntary
restraint relieve person therefrom from such restraint, if such restraint is
illegal.
o Restraint precluding freedom of action is sufficient.
Basic requirement
o Restraint of liberty in the nature of an illegal and involuntary
deprivation of freedom of action

Can also be resorted to in cases where the rightful custody of any person is
withheld from the person entitled thereto.
o Custody cases involving minorscourt deals with a matter of an
equitable nature. Childs welfare is supreme consideration.
Grant of writ dependent on:
1. Petitioner has right of custody over minor
2. Rightful custody being withheld
3. Best interest of minor is to be in custody of petitioner and not in
that of respondent

Dizon v. Eduardo
Key: Disappeared Persons
On the writ of habeas corpus

Generally, the release of detainees renders a petition for habeas corpus moot
and academic.
However, when there are grave doubts about the alleged release, the burden
of proof shifts to respondents to show that they have in fact released the
detainees.
Proper procedure for release
o Release to parents or responsible persons
o Release reported to Ministry of defense within 72 hours.
o Release certificates given to parents
If there is no proof of release, but respondents still cannot produce the
bodies, the relief of habeas corpus cannot be granted. Instead, what can be
done is to investigate the charges further, but the Court does not have the
resources to do so.

Ordonez v. Director of Prisons

Key: Military tribunal prisoners
On jurisdiction of Military tribunals

(citing Olaguer v. Military Commission no. 34)

o Military tribunals had no jurisdiction to try civilians when courts of
justice were functioning.

Carino v. Insular Government

Key :Igorot Ancestral Lands
On due process

Even provincial tribes are covered under person in the due process clause
Even property not covered by formal title under Spanish laws, when acquired
as property under tribal customs, is considered property under the due
process clause.

Banco Espanol Filipino v. Palanca

Key: Land case. Copy of notice never reached respondent, who had gone back to
China.
(note: excluded discussion on jurisdiction)
On procedural due process

Requirements
o There must be a court or tribunal clothed with judicial power to hear
and determine the matter before it.
o Jurisdiction must be lawfully acquired over the person or over the
property
o The defendant must be given an opportunity to be heard
o Judgment must be rendered upon lawful hearing.
On the third requirement
o (1)Publication is required and usually (2)the mailing of notice to the
defendant if his residence is known.
o However, there is no guarantee that he will actually receive the mail; it
is not absolutely necessary.
o All that is required is that the clerk of court deposit the notice in the
mail.
The idea of due process is not unnecessarily rigorous; it only requires for the
defendant to be heard.

Espeleta v. Avelino
Key: Shell payment of unpaid balance. Witness stricken out for not being crossexamined
On procedural due process

There is no procedural due process when a partys side is not fully heard.
o A witness testimony is only complete when he/she has been crossexamined
(citing Capitol Subdivision v. Province of Negros Occidental) Liberality should
be exercised in granting postponements of trial to obtain presence of material
evidence and to prevent miscarriage of justice.