Bill of Rights

Contest between government and aliens within the jurisdiction of the Philippines
(Because they temporarily owe allegiance to PH while within our Juris) our citizens

22 Sections under the Bill of Rights,

o Rights of the accused
o Rights of suspects

The inherent powers of the government vs. rights of the citizens; Bill of Rights
Police Power
Power of Eminent Domain
Power of Taxation

Doctrines:
o Over breadth chilling effect
o Void for vagueness (ambiguous, unclear)

Tests (Liberties):
o Rational
o Intermediate/ Tier Test
o Strict

Police Power, 2 things must concur when a law or action is made

o Lawful purpose
o Lawful means

Eminent Domain
o Forcible taking (not consensual because if with it, it will be a deed of
sale)
o For a public purpose
o Just compensation (fair market value benefits +losses)

Two stages of Expropriation proceedings

1. Dismiss or grant the petition based on proof of public purpose, the Onus
probandi on the part of the government (Masikip vs City of Pasig, the
property sought to be expropriated was in a gated village, to be turned
into a multipurpose basketball court, the expropriation was denied
because it was to be operated by a private entity and there is another
basketball court nearby and finally, it was a gated village, which means
the public will have limited access to it.)
2. Determination of Just compensation

Right of Way Act

Congress prescribed the parameters to determine just compensation
Just compensation is a judicial function,
Power to Tax
Lifeblood theory
Not a contract between the government and the taxpayer
Progressive system of taxation (those who have more will pay more; shifting
the burden to those who can pay more
Uniform system of taxation otherwise violative of the equal protection clause
Not oppressive or confiscatory
Territorial
Double taxation;
o same purpose, same tax, same period, same authority

Bill of Rights
Sec. 2 Warrants
Sec. 12 Rights of the accussed

CUSTODIAL INVESTIGATION

Sec. 1 Equal protection clause;

Must be germane to the purpose of the law
Senior citizens act 60
o Senior Citizens Act, to subsidize their expenses as seniors, germane,
because they no longer have capacity to generate income
VAWSY Violence against women and children (male&female)
Applies to all the members of the same class

Sec. 2 Search warrants;

Places and persons; applies to specific places and objects to be seized
Buildings, vessels | accounting journals, mighty stamp tax forged, text
messages are saved for 5 years in telco cos, medical
records/abstracts, paraphernalia drugs weapons
Persons: Arrests against the person and persons and where they reside or
wherever they maybe found

Probable cause; determination by the judge if the person likely committed the crime
with the complainant and the witnesses (3) the complainant may present.

Sec. 3 privacy of the communication and correspondence shall be inviolable

Tip: watch out for Aguirre

Sec. 4 freedom of speech and expression, and to peaceable assemble for greivances

Sec. 5 Separation of Church of State vs State

Note: Taxation of Church properties, exemption to pay taxes may only be done when
the property is actually exclusively and directly (ADE) used for religious purposes.

Sec. 6 liberty of abode

Qualified by;
Distierro; restraint of liberty of abode
HDO; hold departure orders flight risks
Health Concerns, when you came from a foreign country, quarantine.

Sec. 7
Take note of fake news for your bar

Sec. 8
Unions Associations Societies (USA)

Sec. 9
Just compensation

Sec. 10
Law here may cover administrative orders and administrations

Sec. 11 & 16
Free access to courts, with a speedy disposition of their cases

Sec. 12 Miranda Rights

(1) Any person (detainee) under the investigation for the commission of an
offense shall have the right to remain silent, to have a competent and
independent counsel preferably of his own choice, if he cannot afford
one, he must be provided with one. The rights may only be waived with aid
of counsel and must be in writing.
(2)
(3) . Tie up with Sec. 17
(4) ... (martial law victims, they are compensated)

RIGHTS OF THE ACCUSSED the person is now under the jurisdiction of the courts

Sec. 13 bail is a matter of right,

Exceptions;
offense committed by reclusion perpetua or higher
when the evidence of the guilty is strong
o Exception to the exception; Enrile Doctrine: crime committed
is plunder and evidence of guilty is strong | but factor of age,
not a flight risk, and record as a public servant, voluntary
surrender
Sec. 14 presumption of innocence | the accused is the best person to recall the
circumstances and situtations that led to the crime (this is what it means of right ot
be heard by himself and counsel)

Sec. 15 relate to sec 18

Sec. 17

Sec. 18

Sec. 19

Sec. 20

Sec 21 double jeopardy,

Two types:
The accused is tried under the same law or ordinance
The accused is tried under a national law and ordinance

Sec. 22 bill of attainder, you are being tried without any law

Police power, most pervasive (pinaka pakelamerong power) usually the senate
confirms big firms on the impacts of certain laws.

History and purpose of the bill of rights

Preamble and sovereign will; because the people are the author of the constitution,
we tell the government that these are the rights.

Republic vs. Sandiganbayan

Even during the Martial Law years, the Bill of Rights is enforced and no one can be
deprived of due process of law without sufficient notice. And equal protection of the
laws

The mistress of the general ramas who was under investigation by the
Sandiganbayan, the mistress house was searched, but was not impleaded as
defendant and house of mistress was not included in the search warrant, this cannot
be done; because even in martial law times, the law should be respected

Section 1. life liberty and property, equal protection of the laws and due process

GENERAL RULE: the bill of rights can only be invoked against the state.

Ysaregui vs. PAL

Equal protection clause cannot be invoked against PAL, bec Ysagueri was a flight
attendant, and consistently gained weight, was dismissed because of his
overweight.. HELD: cannot bind PAL, because Flight attendants must be fit, if he is
fat he might be an obstruction, and they have a handbook

People vs. Marti

Search by a private party is proper if required by law(santos was a private courier)
The courier, noticed the leaves smell (marijuana was diff) the owner moved to
exclude the evidence, HELD: the searcher was a private citizen, you cannot exclude
the evidence obtained by a private person (bec the purpose of the bill of rights is to
limit the powers of the state)

Excetion to the rule:

Zulueta vs. CA*********

Exclusion of evidence which were seized by a private person cannot be used as
evidence against the owner of the documents.

An impeachment proceeding is a suis generis, it is not covered by normal technical

rules

The documents were taken by the wife against the husband, normally in the rules of
evidence, it cannot be used bec of matrimonial wedlock..

Definition of the Bill of Rights: protection of guaranteed rights to liberty, property

and other freedoms
Who are protected by the rights: all citizens, natural-born, naturalized citizens;
aliens within the jurisdiction of the Philippines; both natural and juridical persons.
Doctrines governing interpretation of laws affecting guaranteed rights: void
for vagueness that not even a man of common understanding will not understand
what is punished or prohibited. over breadth doctrine it encompasses or gives
itself too much power to the detriment of the enjoyment of guaranteed rights.

Board of Medicine vs. Ota********

The rule on reciprocity would apply where a Filipino physician is allowed to
practice medicine in Japan.

Kuwait Airways Corp vs. Pal

In commercial relations, the general principles in international law must be
respected. The issue here was landing rights; PAL Was opposing on inequality,
HELD: reciprocity, if PAL was allowed to go to Kuwait, Kuwait should also be
allowed to land here, regardless of frequency because Kuwait had more planes.

Government of Hongkong SAR vs. Olalia

The extradition treaty signed by Hongkong before its turnover to China can no
longer be enforced
(Special Administrative Region) the force and effect of the treaty of extradition with
the former HK that was part of the british empire cannot be honored because the
entitiy is different already. Part of China na ang HK SAR

Government of the United States of America vs. Puruganan and Mark Jimenez
Extradition proceedings are not in the nature of criminal proceedings. Where there
is conflict between international law provisions with that of a domestic law, the
latter would prevail.

Mark Jimenez was being investigated for tax evasion for the big donation he made to
Bill Clinton, upon investigation of his income tax return, his income tax is
insufficient to support the donation.

The court must rule in favor of its citizen, the PH is not evading its obligations under
the extradition treaty, Mark Jimenez was a congressman of the PH, Mark Jimenez
should be given first here his copy of the charges because he has not yet been given
yet a copy of the charges by the US gov. violative of due process.

Extradition treaty: DFA is the repository of the extradition treaties, so that any
request for extradition will be coursed to the DFA, which will transmit it to the DOJ

Kelangan ba ng notice for extradition? Ans: NO, katangahan yun, edi tatakas nalang
ulit

Doctrines in the interpretation of the Bill of Rights:

Void for vagueness doctrine: ambiguity
Overbreadth doctrine: chilling effect

Estrada vs Sandiganbayan: S. C. made a distinction between facial challenge and

overbreadth; former is allowed to a vague statue but the latter is made due to its
chilling effect.

Right to Life, Liberty and Property: safeguards Due Process, Equal Protection and
Non-Impairments Clauses

Right to Life:

Republic vs Kagandahan
As a signatory to the Universal Declaration of Human Rights, the Philippines must
accord the individual the right to the preferred gender (without medical
intervention) so he can live a full life.
Kagandahan was born with both genitals, the parents chose as female, but growing
up, nagging mas prominent ang male hormones and features, so he petitioned for
change of name and was allowed from Jennifer to Jeff ALLOWED

Gamboa vs. P.SSupt Chan et al.

The act of the PNP in forwarding certain information to the Zenarosa Commission
does not violate or threaten the right to life, liberty, or security.
Sec 24 Art. 18
Those PNP officers were performing a legal duty, private armies and groups are not
recognized by the government and should be dissolved

Due Process Clause

Procedural and substantive

Right to be informed of the nature of the complaint (notice) and the right to confront
the witness and present evidence on ones behalf (hearing)

NOTE: Subpeana duces tecum subpeana ad testificandum -check mo spelling mo

Corona vs. United Harbor Pilots

An instrument which vests in a group of its right to practice their profession is void
if there is no notice. A license is property, cannot be taken away.
The harbot pilots were taken their license and asked to retake it again, bawal.

Due Process Clause:

Publication as Notice

Tanada vs Tuvera
Publication of law is a pre-requisite to impose a burden on an individual.

Judge Ferdinand Villanueva vs. the JBC

JBC requirements are not just internal regulations because if they were, they would
regulate and affect only the members of the staff, thus it is but a natural
consequence therof that potential applicants be informed of the requirements tot
the judicial positions, so that they can comply. The JBC rules must be published if it
affects third persons or applicants. So that the oppositors may know the
requirements to become judges

Instances when no notice and hearing are required: voluntary appearance and
active particiapation in previously scheduled proceedings bar the defense

Velasco vs Sandiganbayan
Criminal proceedings have stricter proof requirements; proof beyond reasonable
doubt, and you must have a counsel bec the acc does not know the rules and

Due process in administrative proceedings:

First class cadet Aldrin Jeff Cudia vs. The superintendent of the PMA
A cadet facing dismissal from the military academy for misconduct has
constitutionally protected private interests (life, liberty, property);
Cudia: administrative proceedings, notice is needed.
Madamus cannot be granted against the honors committee
The honors committee cannot dishonorably discharge a cadet if 1 member does not
vote to dishonorably discharge, they must all vote unanimously, although,
chambering was allowed in this case, when the honors committee voted in
chambers therefor kicking the cadet cudia

Jolly Bugarin vs Republic

Party cannot claim denial of due process after the party had actively participated in
the proceedings; (Jolly, was the nbi director who had 2 families)

Heirs moved to terminate all the proceedings, after Bugarin died all of a sudden, the
criminal case was dismissed but the civil liability still exists, and must be satisfied.

Carbonel vs. CSC

Where a proceeding may result to criminal liability, party may avail of counsel.
Discrepancies to face and signature, which alerted the CSC, in administrative
proceedings, preponderance of evidence is required only and counsel is not needed,
but at the moment that it might lead to criminal liability, a counsel maybe availed.

Due process in academic and disciplinary proceedings: parties are bound by the
rules governing academic requirements and standards of behavior prescribed by
the educational institutions. Resort to courts is available to parties.

Viveres and suzara vs. st theresas college

Children girls were wearing undergarments in a swimming pool, St. Theresa said
this is violative of right to privacy and writ of habeas data was asking,

While the issue focused on the right of the minor students to privacy, the supreme
court, upheld the right of St. Theresas college to take disciplinary action over its
students.

The Minors were the ones that posted the pictures, it wasnt St. Theresa who found
or looked for evidence or date, also St. Theresa is not an intelligence agency, it is a
school, a writ of habeas data can only prosper against such

Procedural Due Process

Mayor Tolentino vs. COMELEC
Due Process simply requires: right to notice; right to reasonable opportunity to
appear; competent tribunal; and right to a decision based on evidence of law

Acuzar vs. Apresa

Due process in administrative proceedings require: notice right to be heard;
competetnt tribunal and a finding supported by a substantial evidence, the
administrative case before the PLEB can proceed indepent of the criminal case
against the case against the police officer
Acuzar molested a mother, the mother filed 2 cases , one in NAPOLCOM and 1 in a
criminal case, na areglo yung criminal case, the administrative case involves his
profession as a police officer, requires preponderance of evidence only and his
violation involves his violation of his code of conduct as a police officer.

Melendres vs. PAGC

Due process, as a constitutional precept, does not always and in all situations
require a trial type proceeding. In administrative proceedings it is sufficient that one
is informed of the charges against him and giving him reasonable opportunity to
answer the accusation against him

Overpricing, melendres questioned his dismissal, he was given his opportunity to be

heard, the moment he submitted documents to defend the pricing, he has submitted
jurisdiction, trial type is not needed.

Garcia vs. Molina and Velasco

A decision rendered without due process is void ab initio and can be attacked at any
time in a separate action or resisting such decision in any action or proceeding
where it is invoked

Notice is not the only factor in hearings, they should have the right to be heard

Jardeleza vs Serreno & JBC

Jardeleza applied as justice, Serreno opposed on his integrity, that Jardeleza has a
second family and that Jardeleza did not fully defend PH in UNCLOS,

Certiorari, prohibition and mandamus to president and jbc for the JBC to include
him in the list to nominate,

Held: jardelaza was denied the due process to defend himself of these claims, he was
not given time to defend himself bec he was asked to defend himself on the spot.
Mandamus was granted, and the original list was amended to add jardeleza

Equal protection: not an absolute guarantee but assures legal equity; requires valid
classification

Elements: classification must be germane; individuals belong to the same class;

must be distinguished, not temporary

Mirasol vs. DPWH

Classification based on practical convenience and common knowledge

Santos (judy ann) vs. People

Classification is done to prevent unde favor or priveledge.
Garcia vs . Hon Drilon note*
Does not violate the equal protection clause for the following reasons
1. the classification rests on substantial distinctions;
2. the classification is germane to the purpose of the law; and
3. the classification is not limited to existing conditions only and apply equally
to all members.

VAWSY law is valid because it rests on substantial distinctions, the classification is

germane because of physical distinctions, it will apply to all classes of all the
members of the same class.

Napocor vs Pinatubo Commercial

The guaranty of the equal protection clause is not violated by a legislation based on
a reasonable classification.

Discarding of old poles and lines, NAPOCOR was not allowed to join the bidding to
replace the poles and lines, HELD: special skills and requirements and capacity is
needed for this.

Basis for classification, Senior citizen, age, vawsy, religion, economic class,
ethnicity, race, sexual orientation, residence, disability, date of filing, affectivity of
the law.

Biraogo vs the Philippine Truth Commission

The Arroyo administration is but just a member of a class that is a class of past
administrations. It is not a class of its own

Ysaregui v PAL *NOTE

, equal protection erects no shield against public conduct, the public officer must be
the one who caused you wrong, private actions no matter how egregorious ..

Theory of Relative Unconstitutionality

Central Bank Employees Association vs. BSP

A statute valid at one time may become void at another time because of altered
circumstances. Thus, if a statute in its practical operation becomes arbitrary or
confiscatory, its validity even though affirmed by a former adjudication, is open to
inquiry and investigation in the light of changed conditions.
Standards of review

Deferential or rational Basis: scrutiny, which establishes a rational connection to

serve legitimate state interest.
Middle Tier or Intermediate Scrutiny: Challenged classification serves important
and important state interest.
Strict judicial scrutiny: burden is on the state to prove that classification achieves
a compelling interest.

A law maybe non-discriminatory on its face but is discriminatory

Nicolas vs Romulo
there is no violation of equal protection clause even if there is a substantial basis for
treatment of US military personnel

Auto Limitation, a state gives up a part of its sovereign rights

Victoriano vs. Elizalde Ropeworkers Union

Labor law is secular, wordly and temporal not spiritual but exemption based on
religion is valid and reasonable.

Serrano vs. Gallant Maritime Services, Inc

The distinction between domestic workers and OFWs is valid and substantial
Serrano was a seaman

Quinto vs. COMELEC !!!!! ( clarify di ko/mo gets/note to self) (?)

There is a different consequence between an elective and an appointive public
officialss filing of certificate of candidacy

There is a difference between an appointed official and an elected official

Strict scrutiny, where gov must show

Roe vs wade case, religion denial or dilution of rights to vote, access, to te courts,

Privacy of communication
wiretapping, eavesdropping, is a form of intrusion into ones sacred private
precincts.

Salcedo-Ortanez vs. Zamora

Recording of telephone conversation cannot be introduced in evidence if made
without the consent of the parties.

Trial Judge, Zamora, admitted a wire tapped conversation of an unknown male to

prove the infidelity of the wife, the purpose of admitting was proving infidelity, CA
sustained admittance, but SC held: her right to privacy was violated
Navarro vs CA and people
When the recorded event was done by person in the media industry, the same may
be admitted in evidence.

Media recorded evidence of an altercation between police and cameraman who

recorded nudity bomba show, media mans job is recording of public events or actual
events, media man was hit on the head and died, recording is allowed. And admitted
evidence

In this case, the evidence was admitted because the one who took the recording was
a media, elementary in evidence is the requirement of authentication and due
execution, here it was done by the media personnel, therefor the tape was admitted.

Ople vs. Torres

The requirement for every citizen to be issued national identification card invades
the privacy of individuals as it calls for disclosure of personal information, this is an
invasion or encroachment of legislative powers and right to privacy, bec the
president did not hear nor consider the persons affected.

Alejano vs Cabuay
The person here was a mutineer or rebellion, acc to Alejano, Cabuay opened the
letter, tantamount to an invasion of his right to privacy, HELD, unless theres a
warning on the letter that it is privileged communication, these detainees have a
diminished right to privacy

When a correspondence addressed to a detained person is not sealed the custodian

of such persons may read the contents of the correspondence there is diminished
expectation to right of privacy

Only letters between lawyer and client or privileged communication maybe violated,
But if there is no warning on the letter, waived.

Nicolas vs. Romulo

There is no violation of equal protection clause even if there is a substantial basis for
treatment of US personnel (Daniel Smith) order of commitment at the US embassy
grounds

Victoriano vs Elizalde Ropeworkers Union

Labor law is secular, worldly and temporal not spiritual, but exemption based on
religion is valid and reasonable.

Freedom of Religion
Estrada vs. Escritor, she was a public employee, her religion allows her to have
many relationships, or polygamy
 1. J. Santiago Henares; she violated the code of conduct on grounds of
immorality, that she had a relationship with a married woman
2. CJ Puno; your freedom of religion is a constitutionally protected right while
the civil service regulations is a subordinate regulation, the rules of the civil
service must give in to the dictates of the constitution.

Freedom of Expression: the right to speak freely ones mind; right prohibits prior
restraing or censorship, the burden is on the citizen to prove good motives and
justifiable ends in placing their complaints. Comments or criticism is acceptable, -
content based

Freedom of the press; Freedom to peaceably assemble; prior restraint or censorship

NOTE: MTRCB its role is not censorship (in relation to movies) but classification in
its exercise of police power,

Coverage of freedom of speech, verbal, non verbal and print and broadcast.
Unprotected speech/expression and protected speech / expression, distinguished;
extent of state intrusion. ( nonverbal, dirty finger, verbal; statements made by
Duterte. )

Basis for protection: Promotion of Truth, Enhances principles of Democracy,

expression of self fulfillment of citizens.

Why state restricts and imposes limitations on freedom of expression:

maintenance of peace, promotion of community morals, and protection of individual
dignity.

Unprotected speech/ Expression:

General Guidelines, Obscenity, and Incitement to National Security, False or
Misleading Advertisement, Hate speech, Libelous Speech, and contumacious speech.
are not protected speech.

Estrada vs. Sandiganbayan

Constitutionality of the plunder law,
as a general rule facial challenge is a allowed in cases dealing with freedom of
expression never in penal laws, This case made a distinction between facial
challenge and over breadth; former is allowed to a vague statue but the latter is
made due to its chilling effect. HELD: Plunder is constitutional and is a special law.
(Estrada is arguing that there seems to be more than proof beyond reasonable
doubt requirement, but the SC clarified that this is a special law, meant to curb the
avarice of public officials)

Exception; Disini vs. Secretary of Justice;

As applied doctrine: if you are subject to cyber bullying, if the party is hurt by any
statement in social media and is able to spherically cite the law.
In re Macasaet
Contemptuous speech, Indirect Contempt that merits a monetary penalty, Macasaet
wrote a article that said a lady justice received a 6 Million bribe.

Protected speech; SATIRE, protected also

Flor vs. People

Misuse of public funds must be proved by competent evidence, every public officer
must standup and meet the issue, in this case, the public officer was able to
overcome the accusations made against him that he accepted bribes to fund his
foreign travels.

Vasquez vs. CA
Misconduct of a public official Held: in filing a case for libel, the editor, publisher and
the writer should be included

Philippine Healthcare PHCAP vs. Sec Duque III

Ordinary commercial speech as part of a marketing strategy, the milk code only
requires that breastmilk is still best for babies placed under the label.

4 questions commonly asked in bar exam questions

Distinguish over breadth or over reach from void for vagueness.

Only unprotected expression is subject to prior restraint. Prior restraint

presumes that the expression is unconstitutional, if government engages in
censorship, the burden of proof is on the government to prove valid
censorship

In a decided case, the MTRCB went in excess when it disallowed movie for having a
same sex scene, what it should have done was just cut the scene if it can still
maintain the story line.

In another case, the SC upheld a suspension of the director when he made a story
about a student who studied in PWU school supporting herself as a prostitute, held,
maligned or tainted the image of PWU, validly suspended the director

Willy Revillame, making a kid dance in a sexual way, not valid

OBrien test on content-neutral restrictions, Social weather station vs.

Comelec if there is a bias, its the objective of the people to appreciate this content
neutral right to information

Miller Test on Indicent Speech, Soriano vs. Laguardia; use of offensive language
by a broadcaster, indecent speech, valid suspension, such abuse of obscene language
cannot be tolerated especially during prime time.
Roth Test on Obscenity Gon,zales vs Kalaw-Katigbak prurient interest test; it
arouses your prurient interest, when it arouses you.

Clear and Present Danger Test, David vs. Macapagal Arroyo; where there is a
threat to the very existence of the state, the government may invoke its right to
protect itself.

A valid claim of clear and present danger must be shown first, there must exist an
actual threat to the seat of government.

Doctrines of Strict Scrutiny, overbreadth and vagueness

Southern Hemisphere Engagement Network inc. vs anti terrorism council
The doctrines of strict over breadth and vagueness are analytical tools developed in
free speech cases. They cannot be made to do service when what is involved is a
criminal statute.

Direct injury test ppl vs devera, must be established by the litigant

The human security act, was enacted because of the 9/11 act in NY, HELD: this is a
criminal statute not subject to a facial attack.

Chavez vs. Gonzales, citizen suit, hello garci

Secretary of gov here, issued a memo punishing or warning press and media to not
play garci tapes
This is a matter of public interest or censorship, Freedom of speech covers both
entertaining and instructive or informative matters. Press freedom is the source of
current events. Four aspects of press freedom: 1) Freedom from prior restraint, 2)
Freedom from punishment subsequent to publication, 3) freedom of access to
information and 4) freedom of circulation.

Content netural regulation distinguished from content based restraint or

censorship, In the former, substa

The dioscese of Bacolod vs comelec

Pro-life, this was the issue of the RH Bill,
Theory of freedom of expression, the SC upheld the Diosces of Bacolod, holding
that the COMELEC has no jurisdiction on the Church, they were merely expressing
their opinion

Emergence of new technology and social media has introduced new consequences
in the field of communication.

The adoption of the cyber crime law may serve as a deterrent to commission of
crimes which rely on modern forms of communication.
Disini vs. Secretary of Justice: Liability is limited to the person who actually
posted the libelous material in the internet.

RPC: Libel, writer publisher Editor in Chief

Cyber Crime Law: only the writer is needed to be impleaded.

Dissenting opinion of Justice Carpio: exceptions to prior restraint:

pornography, false or misleading advertisement, advocacy of imminent lawless
action and danger to national security.

Only unprotected expression maybe subject to censorship: prior restraint is

presumed unconstitutional and government bears the heavy burden of proving the
constitutionality of the restraint.

Binay vs Secretary of Justice: The intent to embarrass the daughter of the

petitioner for allegedly having a P 1,000 peso panty worth of lingerie is malice
under liber law.

When the mother complained, of the article that her daughter had a 1,000 peso
panty, the Right to privacy was violated and the article was libelous. Of the daughter.

Sanidad vs Comelec: the call for a referendum to affirm certain amendments to the
constitution is proper but people must be given access to information

Fermin vs People:
the prosecution was able to establish the elements of libel:
Evident imputation of the crime, vices, or defects for being a fugitive from
law;
Attribution made in public; and
Victims are identifiable or actually identified.

Tulfo vs. People

The complaint public officer was clearly identified by the accused; the attribution
was made in bad faith

Valid delegation
Completeness test
Sufficient standard test

Bayan Muna vs Ermita

freedom to assemble is not absolute, and may be subjected to limitations but the
government must also comply with the standard of maximum tolerance and not
employCPR calibrated Preemptive Response,
IBP vs. Mayor Atienza
duty of mayor is either approve or disabprove, the mayor cannot substitute:
where it is not indicated where the applicant wishes to stage a rally, the mayor
cannot substitute his own judgement without the consent of the applicant

UP COLLEGE OF LAW on PLAGIARISM re JUSTICE MARVEL CASTILLIO

The court has held that the right to criticize the courts and judicial officers must be
balanced against the equally primordial concern that the independence of the
Judiciary be protected from due influence or interference. In cases where the critics
are not only citizens but members of the bar, jurisprudence has repeatedly affirmed
the authority of this court to discipline lawyers whose statements regarding the
courts and fellow lawyers, whether judicial or extrajudicial, have exceeded the limits
of fair comment and common decency. The accusatory and vilifying nature of certain
portions of the statement exceeded the limits.

UP faculty cannot invoke freedom of speech, because they owe as members of the
bar, the court, duty to respect.

Elements of freedom of religion

Freedom of religion: 1) includes the freedom to believe and to 2) practice ones
belief.

Taruc vs. Dela Cruz

Matters internal to the ouster or to discipline of members of a religious sect is not
protected by the freedom of religion

Religios groups is controlled by their internal rules

Request of Muslim employees

The request for additional privilege not to work from 10am-2pm every friday for
prayers cannot be given due course since this will be violative of the equal
protection clause. Sec. 5 Art III covers non-establishment clause and free exercise
clause

Because they have already been given extra privileges during Ramadan

Freedom of abode and freedom of movement vs. Hold departure order, distierro,
being in a mental ward, health reasons, clearing operations, quarantine containment

Freedom of Abode
The right to choose ones domicile, right to travel.

Marcos vs COMELEC
The surviving spouse has the right to chose her residence other than the conjugal
home. animus revertendi. Intent to go back to her own hometown respected
Aquino vs. COMLEC
A lease contract is not conclusive proof of length of residence to meet the
requirements to run for public office.

In his COC, he really placed that he was not yet in Makati for 1 year, when he wanted
to run there, alleges mistake of enterting less that 1 year, and provided proof as
lease contract, must be certification from barangay.

Marcos vs Sandiganbayan
A persons right to travel is subject to the usual constraints imposed by the very
necessity of safeguarding the system of justice. In such cases, whether the accused
should be permitted to leave the jurisdiction for reasons is a matter of the courts
sound discretion

Imelda Marcos was asking to go to Harvard for an eye surgery.

Gudani vs. Senga

Upholded the restriction of Pres Arroyo restricting the presence on military officers,
that under her Commander in Chief powers, the president would be accountable.
The power of the president as commander in chief was sustained in restraining
officers from testifying before the senate.

Fr. Roberto P. Reyes vs. Gonzalez

writ of Amparo will not lie to overcome a Hold departure order. The writ of Amparo
was intended to address the intractable problem of extra judicial killings and
enforced disappearances.

OCA vs. Judge Ignacio B Macarine.

(Office of the Court Administrator)the court may impose travel restrictions on
judges. Macarine, applied for travel authority, traveled without authority due to long
process, Held: access to the courts is necessary, without judges, pano na? the right
to speedy disposition of cases.

Right of association: right to form join an dissociate from lawful organization

SSS Employees Assn vs. CA

Constitution guarantees rights of public servants to form associations and concerted
action but subject to CSC rules. They may whatever for associations, but must not
disrupt service.

MPST Assn vs. CARINO (public school teachers MPST)

Mass action should not interrupt discharge of public service, the public school
teachers must go back to teaching. Dissent: government must protect the rights of
the public teachers

Senate vs. Ermita

EO 464 was executed by GMA, that written permission is needed first, to appear all
members of the cabinet, is not needed, to require permission, is to deny congress of
its right to inquiry dependent on in aid of legislation and checks and balances except
military or armed forces president cannot intrude into the constitutional mandade
of legislative inquiry

Neri vs. Senate Comittees

executive priviledge may be invoked under specific circumstances such that the
areas of national security, military operations and foreign relations are concerned.

When may executive priviledge be invoked? On matters concerning;

Trade relations
Diplomatic relations
Matters of national security
Trade secrets
Deliberations held in executive sessions

CENPEG vs. COMELEC

The people have the right to be informed of the full aspects of the systems and
source code of the program smartmatic program of comelec

Antolin vs. Abelardo R. Domondon

Where the release of PRC accountancy board examination questions require
discretion, the writ of mandamus will not lie. Such action is not covered by the right
to information. The petitioner Antolin asked for his booklet back bec he failed the
accountancy board exams. then asked for the questionarre, Domondom refused on
the reason that the questions might be used again.. HELD: release of the
questionnaire is discretionary upon the PRC.

Valid search warrant

Only a judge may issue a warrant of arrest or search warrant

Search warrant, must be particularly designated

Warrant of arrest, must be at the last known address or where ever he/she may be
found
Therefore the difference is one is particular while the other maybe
served outside or wherever situated.

Bayaca vs. Ramos

A judge cannot delegate the determination of probable cause to his clerk of court.

NOTE: a sniffer dog cannot be a witness or testify as to personal knowledge gained

to testify in court maybe in relation to bombs or drugs

Yao vs People
Personal knowledge is mandatory in issuance of a warrant and not reliable
information

Pesrons applying for the warrant must have personal knowledge, and they
must be 3.

People vs Nunez
The seizure of items not particularly described in the search warrant for violation of
the dangerous drugs act of 1972 must be returned to the accused; exception,
contraband, illegal items, and prohibited items cannot be returned they must be
destroyed.

What is a valid warrant of arrest?

Valeroso vs. CA
A valid arrest allows the seizures of evidence or dangerous weapons either on the
person of the one arrested or within the area of his immediate control. Where
evidence seized violates principles of plain view doctrine, the same is inadmissible.
Valeroso was being investigated for kidnapping for ransom, the high powered
weapons were excluded, legal prior intrusion, object was discovered inadvertently
or accidentally and in plain view and must be the evidence of a crime. Because said
weapons were opened or discovered in a cabinet opened forcefully

People vs. Tuazon

Search of a moving vehicle is justified for practical reasons hot pursuit.

Valdez vs people
For warrantless arrests to be valid, Two elements must concur: 1) Execution of
an overt act. and 2) Act is committed in the presence or within the view of the
arresting officers.

Stonehill vs. Diokno

Warrant must specifically describe the items/objects sought to be seized. Document
seized from illegal search is a fruit of a poisonous tree.

Broad warrant, because the warrant indicated the corporation, all its officers and
offices, it was so broad and was served in the offices and residences of the officers
and directors.

NBI and Microsoft Corp vs. Hwang

a warrant may be issued to protect intellectual property rights. The degree of
evidence required for a civil case is only substantial.

If a party choices to pursue a civil, that degree of

SJS vs. Dangerous Drugs Board

Mandatory, random and suspicious drug testing of students and employees under
RA 9165 is valid but not for candidates to public office. must be random because
anything obtained from the body is against right against unreasonable searches and
seizures.

Galvante vs. Casimiro

There is no crime as searching without a warrant. RPC punishes procuring warrants
with malice ( Art. 129 ) and searching domicile without witnesses ( Art. 130 )

Unilab vs. Isip

Plain view doctrine will not apply when the following cannot be proved:
1. prior intrusion must be legal
2. officer must discover the incriminating evidence inadvertently; and
3. object must be immediately apparent.

Because in this case, the officers broke crates to find medicine that were being
hidden by the supplier.

In Re PNP Chief Razon

To delegate power to endorse application for a search warrant: considering the
urgency to seize items which are probably objects of crime, delegation may be
granted.

Spouses Marimba vs. People

Even if the application for search warrant was done in Manila, and the items to be
searched are in Pampanga, the seizure of the items for violation of the dangerous
drugs act can be sustained if its the only way to obtain evidence, because the court
in the area maybe under the control of the local government or mayor to prohibit or
prevent discovery of the crime.

AAA vs HON Carbonell

The judge abused his discretion when he dismissed the case for rape for lack of
probable cause for failure of the victim and her witnesses to take the witness stand.
The legal strategy rests on the prosecution

The judge cannot require the rape victim to testitfy in court

Abelita vs Doria
The pursuit of a judge who fled from the scene of the shooting and his subsequent
arrest as well as the seizure of a gun while inside the premises of residence is
justified. No warrant aws necessary to effect the arrest and seizure. It was done in
hot pursuit.

The police saw the gun used to shoot after hot pursuit, SC sustained the arrest of the
judge who shot someone in the palengke
Esquilo vs People
Majority opinion: the SC sustained the warrantless arrest of Esquillo, she was
arrested in Jolibee libertad, using stop and frisk, found illegal possession of shabu;
objected and moved for exclusionary rule, that the police merely saw that she was
putting in her pocket a cigarette pack, further alleges that there must be two (2)
overt acts to warrant a stop and frisk or warrantless arrest.

SC held: it is already too late, she must have made this objection during custodial
investigation and on trial.

Dissent of J. Bersamin: it was error to convict her, because in the long line of
decisions, there must be more than 1 overt act. Purpose of Teddy searches: for
crime detection and crime prevention, self preservation on the part of the law
officer.

Probable cause, on the judge: the possibility that the crime was actually committed,
Probable cause

Exceptions: search incident to a lawful arrest (in flagrante delicto, hot pursuit, and
escaped prisoners) search of moving vehicles, plain view doctrine and airport
searches; and all other circumstances.

Carlos super drug vs DSWD

Administrative law: DSWD primary agency with the senior citizens, 12% discount
with the senior citizensThey will lose money

Social Citizen Act is meant to help a sector of society because they have reached the
mandatory age of requirement, 60 for private sector and 65 for government; this is
not a taxation aspect but more on a general welfare aspect, this is a valid exercise of
police power for the general welfare.

St. Scholasticas College vs.

Implemented an ordinance that required a fence in Marikina to cut the fences

height, and requested the wall to be moved back.. (pinaatras yung pader para
makapark mga kotche and to manage parking) Held: the premises of the school is
where students study, and nuns and older nuns stay, thats where retired nuns stay,
deliberately, the fences are high, the SC said, there was a valid objection to the
ordinance/request.

On the wall reduction, it is not a police power, it is eminent domain without just
compensation, therefore the ordinance should be voided

Aquino vs Municipality of Malay

Aquino was the owner of westcove of boracay and asked for a business permit and
building permit to expand his facilities to make new hotel structures/homes, the
building permits computations basi

Local governments objection, yung tatayuan is a no build zone: cannot issue a

building permit, Aquino: I have a permit from the DENR allowing me to build in the
area, which should prevail, DENR or local ordinance restricting permit

Issue: harmonization of laws

Article 10 Constitution, the local government should prevail, the local government
has local autonomy to exercise police power with its area/territory, on the right of
Aquino to operate, he has already a vested right to operate his business but he may
no longer extend his business.

But in this case, when the mayor ordered Aquinos hotel demolished, Aquino was
notified twice to not build.

The exercise of police power carries with it quasi judicial functions, otherwise the
mayor would himself would not be compliant with the ordianace.

Philhealth care providers vs BIR

BIR wanted to charge the HMO with DST, BIR was billing the HMOs for DST
Argument: HMO policies are not in the nature of insurance polices, they provide
services, regarding protection policies or medical policies

Administrative law: the department of health is the one managing the HMO!!

Therefore on those two grounds they are not issuing insurance policies so should
not charged DST

NAPOCOR vs Cabanatuan
The entity claiming the exemption on tax is on the person claiming exemption onus
probandi napocor failed to show this burden of showing exemption from local
taxation

Local taxes cover 5 years only, thats the maximum period they can singil or
prescriptive period 5 years

Taxes Fees and Charges

Taxes real property
Fees- assessments
Charges- penalty
Note: - If theres a question of the local board of assessment appeals, appeal to
central board of assessment appeals, then seek for judicial assistance

Ferrer a tax payer was questioning the garbage fee, whichi s dependent on the land
area, - progressing payment system, more land higher fees
Social housing tax

Garbage fee violates the equal protection clause bec theres no distinct charges, and
collection of garbage should be a public function and must be done to avoid
pollution and prevent health issues and promote cleanliness

Social justice principle, dapat ma close ang gap between rich and poor,

People vs Marti
Marti sent 4 cargo, declared them as books, Tabaco and dried tobacco leaves,
Etong si courier, guided by the principle in Transpo law: extraordinary diligence,
opened the package, courier so smelled to verify the contents, naamoy tobacco, yun
pala marijuana; marti was convicted for illegal possession of marijuana

Marti : my right to unreasonable search and seizures was violated

HELD: NO, private entity conducted it, cannot use that defense against a private
individual, NBI mere conducted laboratory confirmation expense

Manila Memorial Park vs Sec Social Welfare

Senior citizens are entitled to discounts bec they are a special kind of class

Agabon vs NLRC
Notice and right to be heard, covers substantive and procedural, you have to know
the

Southern Hemisphere Engagement Network vs Anti terrorism Council

Human security act was made, there was no provision mentioned that was violated,
over breadth, no mention proof was made, human securities act was sustained,
9/11 event response

Pharmaceutical and Health Care Association of the Philippines vs Duque III

Breast milk is still best for babies! Sec Duque III made a order prohibiting
formulation of the milk in the milk code, an examination of the milk code holds that
there is nothing there that allows prohibition of milk commercials and formulation
posters in the milkcontainers

Bayan vs. Ermita

SEP freedom of speech expression; covers literary works, pocket books, story lines,
works of arts, paintings,
CPR, calibrated preemptive response, BP880
Maximum tolerance

Mercado vs. LandBank

Sec 17 of the CARP Law: the law has provided for the formula at what price the carp
law expropriates the land implementing agency of carp is DAR, payment comes
from Agrarian reform fund

Determination of just determination is a judicial function

LandBank of the Philippines vs Heirs of Puyat

Freedom of religion, sec 6 art 2, separation of state and church

Ang Ladlad LGBT vs. COMELEC

Invoking biblical and quotes from quoran was violative of freedom of religion, their
accreditation for being a party list has nothing to do with their religion as comelec
members

Imbong vs Ochoa
Right to Life, there is a guarantee, except on the issue of abortive pills, or morning or
day after pill, there was no direct injury on the part of the petitioners on the issue of
loss of life upon taking those pills for failure to present empirical evidence

When does life begin issue, upon union of sperm and egg

Benevolent neutrality principle

Accommodate all religion

Conscious objectors doctrine (Estrada vs Escritor)

Even if one is not a member of a union, but even if he cann

Right of marcos compromise agreement

To the extent possible on the information that can be given, government must
disclose on the principle of public accountability and transparency

SALN
It maybe issued as long as the party requesting may justify

Right of association to the IBP, it is the constitution that mandates a lawyer to be a

member of the IBP
Eminent Domain, closing the gap between rich and poor sec. 4 Article VI

Hacienda Luisita Inc vs Presidential Agrarian Reform Council (ART 13 sec 4)

Operative fact doctrine, the decision shall have the force and effect of law to
administrative decisions (CARP)

Collectively, they may own through certificates

Sec DPWH vs. Tecson

In proper cases, the court may impose a proper 6% per anum in computation from
the time of taking, if not at the time of filing (expropriation of land)

Mactan-Cebu International Airport Authority vs Lozada sr.

SC allowed reconveyance because public purpose was not used in the taking of the
land. So owner demanded return.

If after 5 years the public purpose or payment was not made, the owner can ask for
reconveyance, if there is merely a delay, there is penalty,

Republic vs Heirs of Saturnino Q Borbon

During the pendency of the case, napocor moved for dismissal of case, Borbon
Valid motion for dismissal, because the lines will be retired, but NAPOCOR must pay
the heirs of Borbon at the time or pendency of the case, to the extent to the property
occupied, as a disturbance payment/compensation

RIGHTS OF SUSPECTS

AEGIS JURIS case; Sollano cannot be given Miranda or custodial rights because he
surrendered, (declaration or disclosure of a frat member); there can be no custodial
rights or miranda rights when a person asks for or undergoes the witness protection
program

There can only be Miranda Rights, when a person is restrained on suspicion of

having committed a crime.

Rights of Susppects
Right to remain silent
Right to counsel of his own choice if he cannot be provided with one he shall
be with one
o Limitations, oral disclosures only, bawal any organic or dna anything,
no enactment

People of Lauga
Lauga gave an extra judicial confession, that he raped his daughter to a barangay
tanod, he alleges that he needs to have had a lawyer when he gave the extrajudicial
confession, HELD: yes extrajudicial confession excluded but conviction stands, bec
the crime was proved through independent evidence, by the brother of the rapee
and the lola of how the daughter was raped.

People vs Bio
Chain of custody principle; it must be substantially complied with, that the evidence
obtained during entrapment or buy bust operation or seizure, is the same as the one
presented during trial, to prevent planting evidence.

Enrile vs Sandiganbayan
Petition for radio and television coverage of multiple murder
Certain testimonies must be limited within the chambers of the court, due to the
special circumstances and sensitiveness of the evidence and testimonies to be
presented ( backhoe bulldozer used to dig graves, chainsaws to chop bodies to bury,
and multiple rape on women victims)

Jaylo vs. Sandiganbayan

Sandiganbayan and CA are co equal courts; promulgation maybe done even without
the accused because they were notified, they chose not to appear

Demaala vs. Sandiganbayan

They did not appear on hearing, they are bound because they chose not to appear.

Habeas Corpus, Amparo, Habeas Data, Kalikasan

Habeas Corpus
Due process clause applies to foreigners and aliens, even aliens here are entitled to
writ of habeas corpus

Amparo, corpus wont apply if you dont know who has custody
Applies to enforced disappearances, extrajudicial killings,

Writ habeas data

Privacy, Liberty, the data being collected might be invasive to your privacy, and
freedom of movement impaired bec of surveillance

AMPARO and HABEAS DATA, always clashes with the government, or agents of the
government

Gamboa vs Chan
Senyarosa commission was created to seize weapons and prevent private armies,
Gamboa Mayor, asked this commission to be taken down as it invaded her home and
threatens her children,
De Lima vs Gatdula

Navia vs Pardico
Navia is the security head of the subdivision, caught the young people stealing poles
and light bulbs in the subdivision, Held: Dismissed the Amparo case because
subdivision guards are not agents of the state.

Caram vs Segui
Petitioner gave up child to the DSWD
Writ of amparo will not lie because she knew the entire time where her child was,
she gave up custody of her child.

Paje vs Casino
Writ of kalikasan vs Precautionary principle; even the minute possibility of the
project causing danger to the life of the community or environment, writ of
kalikasan must be applied

Paje was able to dissolve the writ of Kalikasan, because they were able to prove that
all aspects of the project has been cleared.

SELF INCRIMINATION CLAUSE

Dela Cruz vs People

Primary entrapment was for extortion, at the time he gave urine sample, he was
under custodial investigation, and his right was violated

People vs Constancio

DOUBLE JEOPARDY
Sec 21 Article 3, no person shall be put twice in jeopardy of punishment for the safe
offense, If an act is punished by a law and ordinance, conviction or acquittal in under
either shall constitute a bar to another prosecution for the same offense.

_____________
There is a special law, that punishes theft for public utility, SC
A dismissal based on prescription is a dismissal on the merits, double jeopardy is
now in, because he is not being tried under a national law.

People vs velasco
If conspiracy is alleged, the act of one is the act of all, therefore double jeopardy
might set, but if it can be proved that their acts are separate, jeopardy may not set.

Ivler vs. Modesto-San Pedro

Homicide and reckless imprudence case, they were tried separately, there was
double jeopardy
EX POST FACTO LAWS and BILLS OF ATTAINDER

Valeroso vs. People

There was a law that mitigated the penalty

PCCG vs Carpio Morales

Prescription of a crime, if it prescribes, government pursues the right of action

10 questions
Elements of double jeopardy
Stages of eminent domain
Double taxation
Probabale cause in warrants and criminal investigations
Miranda rights

scitizenship

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