Professional Documents
Culture Documents
(2) ANY EVIDENCE OBTAINED IN VIOLATION OF THIS OR THE PRECEDING SECTION SHALL BE
INADMISSIBLE FOR ANY PURPOSE IN ANY PROCEEDING.
Exception. 1.) EXCEPT UPON LAWFUL ORDER OF THE COURT (first instance)
2.) WHEN PUBLIC SAFETY OR ORDER REQUIRES OTHERWISE AS PRESCRIBED BY LAW (second
instance)
The paragraph 2 of section 3 will be the exclusionary rule this is the half of the issue in the case of RP versus
Dimaano and Ramas. The majority opinion says that the evidence that has been confiscated must be return to
Dimaano. In the concurring separate opinion of justice puno says that the evidence seize in the house of Dimaano
must be returned. So in both instances tells that it should be return however the basis or the reasoning is different .
in the same manner that the way of majority opinion and the concurring opinion of justice puno to consider that the
search as invalid and to return the seized property is different from the concurring separate opinion of justice puno.
They arrived at the same result to return it is illegal and it must be return. I hope you saw that. The basis for the
majority opinion saying that Dimaano have the right against the illegal searches and seizure because of united nation
of human rights while Puno the basis for saying his opinion that Dimaano has the right against unreasonable searches
and Seizure because of natural law and in the majority opinion it said that the property seized from dimaano must be
returned because the police officer acted beyond the search warrant. The search warrant only mention that the thing
to be seized is only fire arms but they got 1 million cash, dollars and etc. they are not included in the search warrant
and therefore the majority opinion said that you must returned that. However in the separate opinion of justice puno
he also mentioned that Dimaano is also entitled to the exclusionary rule which is now the second paragraph of Section
3 , puno said that dimaano is entitled to the exclusion of the evidence against him, exclusion of the property seized at
evidence against him because when he filed his answer there is already the freedom constitution, and therefore the
constitution provide for the bill of rights.
(2) ANY EVIDENCE OBTAINED IN VIOLATION OF THIS OR THE PRECEDING SECTION SHALL BE
INADMISSIBLE FOR ANY PURPOSE IN ANY PROCEEDING.
Exclusionary rule is applicable to Section 2 and 3 of the bill of rights. Whatever evidence maybe confiscated or seized
unreasonably must be excluded as evidence and shall be inadmissible for any purpose and any proceeding.
Question. True or False
According to section 3, the privacy of communication and correspondence is absolutely inviolable?
No it is not. It has exception
Exception. 1.) EXCEPT UPON LAWFUL ORDER OF THE COURT
2.) WHEN PUBLIC SAFETY OR ORDER REQUIRES OTHERWISE AS PRESCRIBED BY LAW
Invasion of communication and correspondence is one kind of search. So whatever applicable provision of section 2 is
also applicable to section 3.
What kind of communication and correspondence is cover of this section. It covers letters, messages it also covers
wire taps and other method of electronic tracking .
Does section 3 of the Bill of rights allow the intrusion to the privacy of communication and correspondence? YES
It allows under two circumstances or exceptions. What are the conditions for such allowable intrusion? Indi nnaman
pwede lang na by court order, alright by court order, so you are going to file a petition to the court for intrusion into
correspondence and communication.
- Intrusion is allowed upon lawful order of the court or when public safety or order requires it as prescribe by
law . there must be a law that prescribes the exception.
-
But what will be the basis of court in allowing the intrusion of correspondence and communication.
- The court may order intrusion base on the requirement of probable cause. The court may also examine the
application for an intrusion or wire taping. Section 3 is similar to provision on prescribing illegal searches and
seizure that is why you need a probable cause. Wire taps and prohibition on wire taps are similar on searches
and seizure. Intrusion on communication and correspondence is one kind of search.
May evidence unlawfully obtained by private individual come under the exclusionary rule? No.
- That the bill of rights is in effect only if what is involve is against government not to private individuals.
SEC. 4. No LAW SHALL BE PASSED ABRIDGING THE FREEDOM OF SPEECH, OF EXPRESSION, OR OF THE
PRESS, OR THE RIGHT OF THE PEOPLE PEACEABLY TO ASSEMBLE AND PETITION THE GOVERNMENT FOR
REDRESS OF GRIEVANCES.
What are the two conditions in the abridgement of freedom of speech, of expressions, and of the press.
- prior restraint
- Subsequent punishment
Is the warning against media against airing of the conversation between the president and other personalities
constitute prior restraint?
- YES. Discuss by the case Chavez vs Gonzales
Chavez vs Gonzales- In the aftermath of the 2004 elections when there was wide talk about election cheating,
one of the topics that hugged the headlines was the alleged telephone conversation between President Gloria
Macapagal-Arroyo and Election Commissioner Garcillano. The government warning addressed to media against
airing the alleged wiretapped conversation was deemed by the Court to constitute unconstitutional prior restraint
on the exercise of freedom of speech and of the press.
When is the right of free speech and press collides with the right of the accused to a fair trial. How will the court
dispose of the conflict.?
Is the freedom of speech, of expression, or of the press absolute? NO. there are exceptions
May these right be lawfully restraint? YES. There must be standard for restraint.
If so what are the requirements for the lawful restraint.?
Dangerous Tendency Rule
Clear and present danger rule
Balancing interest rule
Respondents cite the Constitution, laws, and jurisprudence to support their position that they had the power
to regulate the tarpaulin. However, the Court held that all of these provisions pertain to candidates and
political parties. Petitioners are not candidates. Neither do they belong to any political party. COMELEC does
not have the authority to regulate the enjoyment of the preferred right to freedom of expression exercised by
a non-candidate in this case.
Under this rule, the evil consequences sought to be prevented must be substantive, extremely serious and
the degree of imminence extremely high. Only when the challenged act has overcome the clear and present
danger rule will it pass constitutional muster, with the government having the burden of overcoming the
presumed unconstitutionality.
Even with the clear and present danger test, respondents failed to justify the regulation. There is no
compelling and substantial state interest endangered by the posting of the tarpaulin as to justify curtailment
of the right of freedom of expression. There is no reason for the state to minimize the right of non-candidate
petitioners to post the tarpaulin in their private property. The size of the tarpaulin does not affect anyone
elses constitutional rights.
Freedom of speech has never been understood to be an absolute right. Some forms of speech are not protected by
constitution.
LIBEL- is defined in Article 353 of the Revised Penal Code. A libel is a public and malicious imputation of a crime, or
of a vice or a 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.
ELEMENTS
The allegation of discreditable act or condition concerning another.
Publication of the charge
Identity of the person defamed
Existence of malice
If the speech is not malicious even if defamatory it is privileged. The rule on privileged communication is that a
communication made in good faith on any subject matter in which the communicator has an interest, or concerning
which he has a duty, is privileged if made to a person having a corresponding interest, although it contains
incriminatory matter which, without the privilege, would be libelous and actionable.
Alonzo vs. CA
Every defamatory imputation is presumed to be malicious, even if it be true if no good intention and justifiable motive
for making it is shown, except in the following cases:
1. A private communication made by any person to another in the performance of any legal, moral, or social
duty; and
2. A fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative, or
other official proceedings which are not of confidential nature, or of any statement,
report, or speech delivered in said proceedings, or of any other act performed by public officers in the exercise
of their function.
When the object of criticism is his strictly private life, defamatory imputations are not constitutionally
protected expression. True criticism, therefore, of a person's fitness for office is always fair and, therefore, privileged;
false criticism is not privileged if malicious, that is, when used as a cloak for assaults on a person's private life. Hence,
good faith is always a valid defense in a suit for defamatory imputations against a person's moral, mental or physical
fitness for office.
Policarpio v. Manila Times Publishing Co.- It goes without saying that newspapers must enjoy a certain degree of
discretion in determining the manner in which a given event should be presented to the public, and the importance to
be attached thereto as a news item, and that its presentation in a sensational manner is not per se illegal.
Newspapers may publish news items relative to judicial, legislative, or other official proceedings, which are not of a
confidential nature, because the public is entitled to know the truth with respect to such proceedings, which, being
official and non-confidential, are open to public consumption. But to enjoy immunity, a publication containing
derogatory information must be not only true but, also, fair, and it must be made in good faith and without comments
or remarks.
Feremin vs. People. public figures are not unprotected. Although a wide latitude is given to critical utterances made
against public officials in the performance of their official duties, or against public figures on matters of public interest,
such criticism does not automatically fall within the ambit of constitutionally protected speech. If the utterances are
false, malicious or unrelated to a public officer's performance of his duties or irrelevant to matters of public interest
involving public figures, the same may give rise to criminal and civil liability. While personalities in the entertainment
business, media people, including gossip and intrigue writers and commentators, do not have the unbridled license to
malign their honor and dignity by indiscriminately airing fabricated and malicious comments.
SECOND PART OF SECTION 4, THE RIGHT OF THE PEOPLE PEACEABLY TO ASSEMBLE AND PETITION THE
GOVERNMENT FOR REDRESS OF GRIEVANCES. (it can be curtail)
US. v. Apurado which involved a spontaneous gathering of some five hundred men to demand the ouster of certain
municipal officials. No permit was involved. But the significant point was that, in a
prosecution for sedition, the Court, invoking the right of assembly and petition, was willing to allow for a certain
amount of disorder. (page 311 of bernas book)
Evangelista v. Earnshaw - must be considered that the respondent mayor, whose sworn duty it is "to see that
nothing should occur which would tend to provoke or excite the people to disturb the peace of the community or the
safety or order of the Government," did only the right thing under the circumstances....
Instead of being condemned or criticized, the respondent mayor should be praised and commended for having taken a
prompt, courageous, and firm stand towards the said Communist Party of the Philippines before the latter could do
more damage by its revolutionary propaganda, and by the seditious speeches and utterances of its members.(page
312)
Which rule is more in keeping with the spirit of the constitutional guarantees of free expression, of peaceful
assembly, and petition?
o Not answered. WHY?
No LAW SHALL BE MADE RESPECTING AN ESTABLISHMENT OF RELIGION, OR PROHIBITING THE FREE EXERCISE
THEREOF. is the meat of the section 5. The non-establishment clause and free exercise rule.
Under Spanish constitution the Catholicism is the official State religion one of the effect of American constitutionalism
in the Philippines was the denial to the catholic church of the privilege of the position it held under Spanish
Sovereignty. The free exercise of religion was first guaranteed under 1935 constitution.
How did this provision guaranteed 1935 Philippine Constitution?
o It was guaranteed under section 10 of the Treaty of Paris which guarantee that the territories ceded to
the US by Spain shall be secured of a free exercise of religion. Another effect of the new system was
the elimination of any institution which savored of union of church and state. It became necessary to
draw a proper line between what were civil property interests of the Crown of Spain and religious
trusts of the Catholic church, and between civil functions of government officers and church functions
of members of religious organizations.
o The non-establishment clause and free exercise clause relate this section to art 2 section 6 of the
constitution.
What is the Basis for the free exercise clause.?
o At the basis of the free exercise clause is the respect for the inviolability of the human conscience.
State cannot regulate human conscience.
o Reynolds v. United States'* adopted the rule that the free exercise clause completely insulated the
realm of belief from state action, leaving, however, religiously motivated action, including expression,
subject to police power.
o Cantwell v. Connecticut: The constitutional inhibition on legislation on the subject of
religion has a double aspect. On the one hand, it forestalls compulsionby law of the acceptance of any
creed or the practice of any form of worship. Freedom of conscience and freedom to adhere to such
religious organization or form of worship as the individ ual may choose cannot be restricted by law. On
the other hand, it
safeguards the free exercise of the chosen form of religion. Thus the Amendment embraces two
concepts freedom to believe and freedom to act. The first is absolute, but in the nature of things,
the second cannot be.
The absoluteness of the freedom to believe carries with it the corollary that the government, while it
may look into the good faith of a person, cannot inquire into a person's religious pretensions. "Heresy
8 EXCLUSIVE FOR INCLUSIO UNIOS EST EXCLUSIO ALTERIUS
NORMA GOYAGOY. EVA ALCARAZ, PATRICIA CHAN, MARLON SAQUING, CARLA CALOS, JANINE URSULUM, GLENDA GARCIA, SHERIL
SAQUING, ATE JOY, EDISON CAUILAN
CONSTI LAW 2 BILL OF RIGHTS (ATTY. ED LARA LECTURE NOTES -CARLA CALOS
2017
trials are foreign to our Constitution. Men may believe what they cannot prove. They may not be put to
the proof of their religious doctrines or beliefs." The moment, however, belief flows over into action, it
becomes subject to government regulation.
What are the conditions for the exemption for realty taxes for religious property should be used.
Actually
Directly
Exclusively for the purposes of religion, charity, and or education.
CAN the STATE compel a person to bear arms in defense of the country when bearing arms is contrary to the persons
belief?
- Answer it must be resolve through section 4, article 2 That a citizen has the duty to defend the country is
clear from Article I I , Section 4 , and from the former Article V, Section 1 of the 1973 Constitution. Defense
of one's country, however, is not limited to the bearing of arms. "Total war in its modem form dramatizes as
never before the great cooperative effort necessary for victory. The nuclear physicists who developed the
atomic bomb, the worker at his lathe, the seaman on cargo vessels, construction battalions, nurses,
engineers, litter bearers, doctors, chaplains-these, too, made essential contributions.