CONSTITUTIONAL LAW

REVIEW QUIZ FINALS 1

INDEPENDENT CONSTITUTIONAL CONSTITUTIONAL SAFEGUARDS

COMMISSIONS The Salary of the Chairman and the Commissioners shall be fixed by law and shall not be decreased
1. COMELEC during their tenure;
2. CIVIL SERVICE COMMISSION The members of the Commissions have a fixed term of office;
3. COMMISSION ON AUDIT o Staggered - 7,5,3 for COMELEC.
They are independent by description and the Constitution assigned them specific functions and The members of the Commission cannot be removed from office except by impeachment and upon
powers. expiration of their term,
They Commissions enjoy fiscal autonomy;
COMMON CONSTITUTIONAL PROVISIONS APPLICABLE TO THEM o Their approved budget shall be automatically and immediately released to them.
1. The Commissioners of these Commissions including the Chairman are prohibited to hold any other office
or employment during their tenure; LIMITATIONS
2. They are also Prohibited in engaging in the practice of their profession or business during their tenure; 1. The rule should be adopted and decided by the Commission en banc, the rule shall be approved en banc.
3. Injunction against financial interest directly or indirectly in any contract, franchise, privilege granted by the Bear in mind that these three Commissions are collegial bodies who should decide as a group.
government or any of its subdivisions, agencies or instrumentalities including GOCCs prohibited Ergo, if they will be adopting a rule, that should be considered by the Commission en banc.
offices and interest in so far as chairman and other members of the commission; 2. According to the Constitution, any rule adopted should not diminish increase or modify substantive
The first three common constitutional provisions that we enumerated also refers to rights.
PROHIBITED OFFICES & INTEREST n so far as the Chairman and other members of the
Commission. Q: Can Supreme Court approve or reject rules adopted by these three constitutional commissions? Is
4. These independent Constitutional Commissions enjoy fiscal autonomy; it within the power of the Supreme Court to approve?
5. These Independent Constitutional Commissions have the authority to promulgate their own rules A: Yes the Supreme Court can review the rules of these three Constitutional Commissions.
concerning pleadings and practice before it or before any of its offices; Article 8 Section 5 states that the Supreme Court can actually review the rules of the
6. The Decisions of the commissions may be brought directly to the Supreme Court by way of certiorari three constitutional Commissions; and
within 30 days from receipt of the copy of the decisions of the three Constitutional Commissions. By reason of expanded power of judicial review. It will cover the rules promulgated
That is directly stated by the Constitution by these three independent constitutional commissions.
However, be mindful of the Changes alright?
What are the changes? DECISION MAKING OR QUASI-JUDICIAL FUNCTIONS
The decisions of the COMELEC and that of the Commission on Audit can be directly filed It is a collegial body and the required vote to arrive at a decision is simple majority or majority vote of all
before the Supreme Court under rule 65 but for Civil Service Commission, you need to consider the members and the Constitution itself prescribes the period when it should issue a decision or resolution
Rule 43,you do not directly file an appeal before the Supreme Court because the porper body on a particular matter within its Quasi-judicial function. According to the Supreme Court, it should be 60
that will take cognizance of an appeal in so far as the decision of the CSC will be the Court of days from resolution.
Appeals. In so far as COMELEC, it is the only independent constitutional commission that can decide a case in a
Nauna po kasi ang 1987 Philippine Constitution then pursuant ro the Rule Making Power of the division.
Supreme Court, particularly the 1997 Ruls of procedure, yung decision ng CSC sa Court of Kasi ilan ba ang members ng COMELEC compared dun sa ibang commissions? 7 ang total
Appeals hindi na sa Supreme Court. membership so it can create 2 divisions actually but probably you already learned in review of
7. The commissions are also authorized to appoint their officials and employees in accordance with the law; lection law of matters that can be decided in a division. What are these?
8. The Chairman and the Commissioners of the three Commissions shall be appointed by the President
subject to the consent of the Commission on Appointments MATTERS DECIDED IN COMELEC DIVISION
NOTE: in relation to this, no commissioner shall be appointed by the President in an acting or all election cases actually
temporary capacity. That is not allowed. PRE-PROCLAMATION CONTROVERSIES however a motion for reconsideration should not be
9. These Commissions cannot be abolished by way of an ordinary legislation or ordinary law but will require decided by the division that decided the case but it should be forwarded to the COMELEC EN
a revision of the Constitution not mere amendment.(Not directly stated in the 1987 Constitution but by way BANC.
of implication because it is the Constitution itself that created these Commissions) Among the three independent constitutional commissions, only the Civil Service Commission can issue a
writ of execution pursuant to their quasi-judicial functions provided that the judgment is already final.
Note the jurisdiction of these commissions
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Q: when do we say that a GOCC is a corporation possessing an original charter?

CIVIL SERVICE COMMISSION A: If the charter of the GOCC was created by congress through a special law.
DEFINE: Therefore, if the GOCC was incorporated under the corporation code, it is not covered
It is a national Human Resource. It is the Central Personnel agency of the government. It is the Repository in the jurisdiction of the CSC.
of all government appointments as well as records of final decisions in administrative cases against government That is your criteria. If with original charter, this GOCC is under the coverage of the
employees CSC. Otherwise, if under corporation code, NOT covered by CSC.

COMPOSITION: Next thing to consider is the kind of appointments covered by the CSC.
Three members:
a. 1 Chairman as presiding officer and KINDS OF APPOINTMENTS COVERED:
b. two other Commissioners a) COMPETITIVE POSITIONS the appointment is based on merit and fitness is determined by
competitive examinations as far as practicable such as sub-professional, professional and career
QUALIFICATIONS: examination.
Natural born citizenship,
at least 35 at the time of appointment, b) NON-COMPETITIVE POSITIONS no requirement as to competitive examinations.
with proven capacity for public administration CLASSIFICATION NON-COMPETITIVE POSITION
o (ano kaya yun? Very general ang description ng Constitution. Halimbawa ngayon ang Chairman ng (remember this class, favourite ito sa bar)
CSC, si Duque parin? Ano ba ang background ni Duque? Di ho ba eh Doctor yun? Dating DOH POLICY DETERMINING POSITION one that formulates a method of action for
Secretary but I think career official sya sa DOH kaya sya naconsider ni Pres. Aquino. Si Pres. the government
Aquino ang nag appoint nyan) PRIMARILY CONFIDENTIAL POSITION it will require more than ordinary
the one to be appointed should not be a candidate for any elective position in the elections confidence (right?) to ensure freedom of intercourse without betrayal of personal
immediately preceding the appointment trust.
TERM OF OFFICE: HIGHLY TECHNICAL POSITION requires technical skill to a superior degree
Chairman 7 years,
Commissioner 1- 5 years, TEST WHETHER THE POSITION IS COMPETITIVE OR NOT: It is not the title or the
Commissioner 2 - 3 years nomenclature of the position or administrative or legislative description but the nature of the
o So staggered. Reason: for purposes of continuity and efficiency of service. (one or two should actual responsibilities.
remain as Commissioner, right?) Ex. Job title mo ay maintenance specialist pero yun pala janitor ka lang. hindi yung
(Pano kung pareparehas na 7 years yan? Sabay sabay silang aalis sa opisina, sino na lang ang title.
matitira.?)
LIMITATION AS TO TERM: SECURITY OF TENURE:
Only one term. A Commissioner cannot be reappointed. Whether competitive or non competitive, a government employee under the CSC law is entitled
to security of tenure. In short it can only be removed or terminated for just and legal causes.
Q: What If for example the Chairman died, he was midway of his term when he died, another chairman
will be appointed, what will be the rule? CSC v Magnaye April 23, 2010
A: Appointment to the vacancy will only be for the unexpired term of the predecessor
NOTE: No temporary appointments in acting capacity. FACT:
A utility worker was appointed by the mayor to work at the municipal planning office of the
SCOPE OF MANDATE: Municipality of Batanggas. The mayor who appointed the utility worker did not win in the
The Civil Service Commission will embrace all branches, subdivisions, instrumentalities or subsequent elections. So another mayor won. When the new mayor won, he removed Magnaye as
agencies of the government including GOCCs with original charters. a utility worker on the ground that (1) he is a mere probationary government employee and after
o Recent decisions of the SC dwell on this matter. Mga corporasyon at ang tanong ay examining his records, (2) he is unfit to do the job as a utility worker without explaining the
whether or not they are covered by the CSC. reasons. (basta sa personal evaluation ko as the mayor, di ka karapatdapat na maging utility
o Your Guide is to consider if they have an original charger.
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worker) So Magnaye filed a case before the CSC. legal knowledge is a practice of law.
According to the CSC, considering that the employment with the government is merely
But, according to Clarence Darow, the only real lawyers are trial lawyers,
probationary, Magnaye is still undergoing probation when he was removed. It is within the
prerogative of the mayor to remove. After all Maganaye is a mere probationary employee.
The CA did not affirm the decision the CA decision was adopted by SC. TERM OF OFFICE:
HOLDING: Chairman - 7
According to the Supreme Court, Even probationary employees enjoy security of tenure. Meaning next three commissioners - 5
that during the probationary employment employee cannot be dismissed except for just or legal next two commissioners - 3
causes. In short, it is not discretionary on ythe part of the government official or supervisor to just
remove you from office on the ground that you are a probationary government employee. There LIMITATION AS TO TERM:
should be proper reasons, just and legal causes, even if you are a probationary employee. Single term only no reappointment allowed.
The Supreme Court reminded us that permanent and probationary employees in the government are Appointment to a vacancy is only to the unexpired portion of the term of the predecessor
No temporary or acting
equally entitled to security of tenure.
The President, pursuant to a case, cannot make an incumbent commissioner as acting chairman. (Yorak v
Again, the implication of that is you can only be removed on just and legal causes.
Brillantes).

REMEMBER: CSC v ANDAL, DECEMBER 16 2009: It was decided by the SC that the CSC has no COMMISSION ON AUDIT
administrative jurisdiction over offenses committed by a court personnel. Should there be an administrative (If you want a happy marriage, leave money matters to your wife Atty. Bonifacio)
case against a court personnel, the CSC can only refer it to the office of the Court Administrator. But it
cannot directly initiate administrative proceedings against a court employee. DEFINE:
It is the watchdog of governmental funds and property. It has the duty to examine, audit and settle all
COMMISSION ON ELECTIONS accounts pertaining to the government or any of its subdivision, agency or instrumentalities including GOCCs.
DEFINE:
It is the sole organ of the government tasked for the execution of the right to suffrage and administer all COMPOSITION:
laws and regulations relative to the conduct of election, plebiscite, referendum and recall. 3 members
1 Chairman
COMPOSITION: 2 Commissioners.
7 members
1 Chairman QUALIFICATION:
6 Commissioners Natural born citizen
At least36 years of age at the time of the appointment
QUALIFICATION: The constitution requires further that the commissioner should be a certified public accountant with at
natural born citizen least 10 years auditing experience or member of the Philippine Bar with 10 years of practice.
at least 35 at the time of appointment o LIMITATION:
holders of college degrees Members cannot all belong to the same profession.
Not candidates for any elective positions in the immediately preceding elections Pano kung CPA Lawyer ka? Ano ang idedeny mo pag nag-aaply ka? Yung pagiging
Further, majority of the Commissioners including the Chairman must be members of the Philippine Bar abogado ninyo.
and engaged in the practice of law for at least 10 years. The appointee must not have been a candidate to an election immediately preceding the appointment.

CAYETANO v MONSOD TERM OF OFFICE:

Chairman 7 years
Kasi si Monsod di daw nagpractice, nasa academe lang. Practice of law ba yun. Commissioner # 1 5 years
Commissioner # 2 3 years
According to the Supreme Court, Yes. Any activity in or out of the Court calling for the application of
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or certification submitted by the COA stating that the government money was properly spent and that there were no
LIMITATION AS TO TERM irregularities in the disbursement of public funds by this public officer.
Single term
No reappointment Q: Is the prosecutor bound by that findings or recommendations of the COA,
Appointment to any vacancy shall only be for the unexpired [ortion of the predecessor. A: NO! The prosecutor is not bound. It can be persuasive to dismiss the case for lack of probable cause. Just the
same, the prosecutor can consider other pieces of evidence to establish probable cause against a pub lic officer. Mind
FUNCTIONS AND POWERS OF COA: you, whenever COA will comply with its Constitutional Duties, the nature of the proceeding is administrative and not
a. Examine and audit all forms of government government revenues criminal. Criminal proceedings will require a higher standard of proof. Correct? In administrative proceeding, the
b. Examine and audit all forms of government expenditures quantum of proof required is only substantial evidence. In finding probable cause, it will require a higher degree of
c. Settle all government accounts evidence which is proof beyond reasonable doubt. That is the message. The Government Prosecutor is not necessarily
d. Promulgate accounting and auditing rules in the government bound by the findings of the Commission on Audit. And besides, Indicting a criminal case is an executive function
e. To decide administrative cases involving expenditures of public funds. founded on discretion that cannot be intervened by another government office.
In re letter C, Settle as a rule COA can only settle liquidated accounts or those that was properly
documented. Approved already, substantiated by disbursements vouchers Q: Can a law be passed stating that a government office fir franchise of privilege that can be given by the
government, it will be free from its jurisdiction / will be exempted from the jurisdiction of the COA?
A: NO! The constitution is clear. No law shall be passed exempting any entity of the government or its subsidiary in
any investment of public funds from the jurisdiction of the COA. (IX-B)
Particularly POST AUDIT
it means to say that the government expenditure was already allowed and the COA will check Other matters relevant to Constitutional Law 1 like Art 1, National Territory, Art 2, State Principles and Policies,
if government money spent properly pursuant to the disbursement vouchers after expenditure. National Economy and Patrimony, Social Justice, General Provisions and Transitory Provisions of the Constitution,
Q: Are there any instances wherein the COA can conduct pre-audit, pag pre-audit, hindi pa nagagastos we will go back to that after reviewing Constitutional Law 2.
yan? Pero wala ding Constitutional prohibition for the COA to conduct pre-audit. Kailan?
A: the answer is this:

PRE-AUDIT
may be conducted if the COA determines that a particular government agency has a weak
internal auditing system.
yung mga government offices kasi, may sarili silang accounting at internal auditor
at independent pa yan sa COA. Imamatch nila yung audit ng COA at internal auditor
called Post-audit
- The COA can actually suggest based on its Rule Making Power. May rule-making power din
kasi and COA.

MINISTERIAL DUTY of COA to approve and pass disbursement voucher for payments if the following
circumstances are present: (please remember this)
a. There is a law appropriating funds for a particular purpose
b. There is a contract made by a proper officer entered into in conformity with the law
c. The goods or services covered by such contract have been delivered or rendered pursuant to the
contract and attested by the proper officer.
d. Payment has been authorized by officials of the corresponding department
BAR QUESTION:
A public officer was charged with malversation of public funds and graft and corruption. The case is undergoing
preliminary investigation before the prosecutors office. Now, as a defense, the public officer introduced a document

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BILL OF RIGHTS
FUNDAMENTAL / INHERENT POWERS OF THE STATE POLICE POWER
1. POLICE POWER It is the power of the state to regulate liberty and property for the promotion of the general welfare. (Do not
2. EMINENT DOMAIN define it as the power of the police. Pang undergrad na sagot yan. Kayo magbabar na kaya dapat mas intelehente
3. TAXATION ang sagot nyo kasi walng definition ang police power ano ho.)
WHY? It is invoked by the State by restraining the use and enjoyment of liberty and property.
Even in the absence of an express constitutional provision granting these powers, any state for that matter can It is the most pervasive, least limitable and most demanding of the three fundamental powers of the State.
invoke these three powers. They are supposed to co-exist with the State. Without these powers, the state cannot JUSTIFICATION:
function properly. Sallus populi est suprema lexthe welfare of the people is the supreme law.
So know the reason why we call these powers as inherent or fundamental. They do not require express Sic utere tuo sic oture tuo et eliunum non laidas use your property so as not to injure the pr
Constitutional grant before a State can invoke or exercise them. property of others.
This power is lodged primarily in the legislature but it may be properly delegated to the President and other
SIMILARITIES AND DIFFERENCES: lawmaking bodies.
A. The police power regulates both the liberty and property. Power of eminent domain and power of taxation only
affects property rights. TEST TO DETERMINE VALIDITY OF A
B. The police power and the power of taxation may be exercised only by the government while eminent domain CERTAIN POLICE POWER MEASURE
may be exercised by some private entities like GOCCs 1. The law/act must have a LAWFUL SUBJECT
C. The property taken in the exercise of police power is destroyed because it is noxious or intended for a noxious Lawful subject
purpose while property taken under the power of eminent domain and power of taxation is intended for public The interest of the public in general as distinguished from those of a particular class.
use or purpose and it is therefore wholesome If the activity of property sought to be regulated affects the public welfare
D. As to compensation, if a person is subjected to the exercise of police power, it is the intangible and altruistic If it does, then the enjoyment of the rights flowing therefrom may have to yield to
feeling that one has contributed to the general welfare of the society while under the power of eminent domain the interests of the greater number. (Nachura)
is the fair market value or fair equivalent value of the property taken or expropriated while under the power of The ordinary requirement of procedural due process yield to the necessities of
taxation is the public services and improvements introduced using the taxes you paid. (kaya kung hindi ka protecting vital public interest through the exercise of police power. (PAV v CA, GR
No. 93891)
nagbabayad ng buwis, wala kang karapatan. hahaha)
2. Law or act must have a LAWFUL MEANS
Note these similarities and differences.
Lawful means
The means employed are reasonably necessary for the accomplishment of the purpose of the law or
COMMON LIMITATIONS:
act and nit unduly oppressive upon individuals.
1. These three powers are always subject to the due process and equal protection clause of the Constitution.
In a catena of cases, a law can regulate but it cannot prohibit a lawful trade or profession.
2. In case of doubt, personal or private rights will prevail over these three powers.
Simply, lawful subject and lawful means, the End or means must be legitimate in order
(This is a manifestation that we value human rights under the 1987 Constitution)
to validly invoke an act or a law under the police power.
3. The exercise of these three powers is subject at all times to the limitations provided by the Constitution and may
in proper cases be annulled by the courts
EMINENT DOMAIN
This is the power that Enables a State to acquire private property upon payment of just compensation for
We described these three powers as inherent/fundamental.
some intended public use
Q: Can they be delegated?
A: These powers can be delegated to local government units. Note again that do not have inherent powers Local
NOTE: Eminent Domain is the power; Expropriation is the judicial process for a State to invoke the power
Government Units have no inherent powers because they are considered as mere creature of the legislature. For
of eminent domain.
example, police power is exercised by the Local Government Units under Sec 16 of the LGC while eminent domain
is exercised Local Government Units under Sec 19 of the LGC and taxation is exercised by the Local Government
WHO CAN EXERCISE EXPROPRIATION?
Units under Sec 5 Art. 10 of the Constitution.
Congress, President
Local legislative bodies
Certain public corporations

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Quasi- public corporation such as the Philippine National Railways.
HOW TO CONSTRUE
It is liberally construed in favor of the private property owner
SUBJECT MATTER
It is not limited to real properties. But common experience will show that the common subjects of this
eminent domain are real properties but we do not limit it to real properties.
Even personal properties, tangible or intangible, can be the subject of eminent domain.
Example: Franchise, privilege, copyright, patent etc these can be expropriated by the Government.
o Nagcompose ka ng isang kanta na tatalbugin nya nag Lupang Hinirang, naimpress ang
gobyerno. Can they expropriate it? May public use bay yun? Meron. Basta may public use,
it can be expropriated by the Government.
Property already devoted to public use, can be further expropriated provided it is done directly through a
national specific law. A mere general law will not suffice.
o Under the requisite, the thing taken should be a private property. But even if property is devoted
to public use, it can be further subjected to eminent domain.
ELEMENTS OF EMINENT DOMAIN
I. TAKING as an element of eminent domain: (requisites)
The Expropriator must enter a private property;
The Entry must be for more than a momentary period;
The entry must be Under a colour or warrant of legal authority;
The Property must be devoted to public use; and
The owner of the private property must be deprived of the beneficial enjoyment of the property
II. PUBLIC USE
MEANING: Any use available to the general public as a matter of right.
Q: Is there a requirement that there is direct advantage to the public before we can say that the property is
expropriated for public use?
A: None! An indirect advantage to any member of the public or community will suffice.
Philippine Columbian Association v Panis 228 SCRA 668
A private property was expropriated for purposes of socialized housing. It was argued in this case
that only a few, those that will benefit from the socialized housing, will be the direct beneficiaries of
the expropriation. Is the law or ordinance mandating socialized housing a public purpose in invoking
eminent domain justified because only a few will benefit from this government project.
No because direct advantage or benefit is not really a requirement.
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CONSTITUTIONAL LAW
REVIEW QUIZ FINALS 6
As distinguished with:
Manotoc v National Housing Authority 150 SCRA 89
In this case, a commercial centre was expropriated by the government. It was the government that
directly managed the commercial centre. The profits by leasing the commercial centre were used to
establish a housing project.
According to the Supreme Court, there is no public use in this case. The taking was for a private
purpose.
III. JUST COMPENSATION
Full and fair equivalent of the property taken from the private owner
Supreme Court explained that just compensation should not only be fair on the part of the owner but also to the
government.
(That is why in expropriation proceeding, it will be subjected to a mediation conference between the
private owner and the government so they can meet half way.
Nung ginagawa yang TPLEX, particularly sa Urdaneta Area, may dalawang kaso kaming hinawakan.
Expropriation proceedings. Yung bahay ng Doctor, dinaanan mismo ng TPLEX. 15 million yung bahay.
Pero tingin nyo babayaran ng Gobyerno yung whole 15 million? They will not. Yung per square meter sa
subdivision nay un, the prevailing price is actually 10 thousand pesos but the OSG representing the
government is only willing to pay 6 thousand pesos. Imagine the disparity. In that case, nanegotiate naming
sa 8 thousand pesos /m2
So do not expect na pwede nyong pagkakitaan ang expropriation proceeding ha.. Mejo hard negotiator ang
gobyerno.)
FAIR MARKET VALUE
The price or value that the government is willing to pay and as far as the private owner is
willing to accept although not compelled to sell.
In other cases, it is the Consequential damages on the part of the private property owner after
deducting consequential benefits arising from the expropriation.
Q: When do we determine fair market value? Is it at the time of the taking or at the time of the
expropriation proceeding?
TIME OF ENTERING OR TAKING
Is considered in determining fair market value.
It could happen kasi na the actual taking will precede the filing of the complaint. Ganyan ang
ginagawa ng DPWH. Magugulat ka nalang eh hinuhukay na yug property mo dahil may road
expansion. Kung kokomprontahin mo yung foreman, di bale ho mag fafile naman ng expropriation
proceeding. Pero supposedly, mauna ang proceeding sa actual taking. So it happens. To be fair, the
SC held that we consider the value of the popwerty at the time of taking or entering.
According to the Supreme Court, title to the property shall only be transferred to the government after
actual payment of the just compensation to the owner. The government cannot demand that the title
will be transferred in its name if the just Compensation is not yet paid to the private owner.
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Remember our past discussions:

If a local government will exercise eminent domain the following requisites must concur:
(OPPO)
a. Ordinance
b. public use of or purpose or welfare for the benefit of the poor and the landless
c. Payment of just compensation
d. Offer to buy the land from the LGU (after ejection of the offer can expropriation proceedings may be
had)
TAXATION
Raise public revenue for public purpose
Basically, it is the domain of legislature. It is congress that can validly exercise the power of taxation.
Q: Can it be delegated?
A: Yes. Such as the tariff powers of the president. Thus it can be delegated.
Taxes are considered as the Lifeblood of the Government
o Sa Constitutional Law 2, lagi kong pinapaalala that Taxation is the power to destroy but Justice
Malcolm also said that taxation is not the power to destroy while this court sits.
Q: How will you reconcile the two?
A: It is the power to destroy because there is an element of taking of private property but it is not the
power to destroy while this court sits because of due process.
It is imposed as a matter of necessity. Without taxes, the government cannot fulfil its mandate of promoting the
general welfare and the well being of the people.
Q: Can revenue be collected by invoking the police power of the State?
A: Yes.
Q: If that will be the case, how will you distinguish revenue obtained through the police power of the State from
that revenue obtained through the taxing power of the government?
Licensed fees for example, that is a regulatory measure obtained through the police power of the State. So how
will you distinguish one from the other?
A: If generation of revenue is the primary purpose and regulation is merely incidental, the imposition is a
TAX.
If the regulation is the primary purpose, the fact that revenue is incidentally raised, that does not mean that
the imposition is a tax.
CONSTITUTIONAL LIMITATIONS
1) Due process and equal protection
2) Uniformity and equity of taxation Section28, Par 1, Art VI
3) No imprisonment for non-payment of a poll tax Section 20 Art 3
4) Non impairment of obligations and contract Section 10 Art 3
5) Prohibition against infringement of religious freedom (you cannot use taxation to defeat religious
freedom.) Section 5, Art 3
6) Prohibition against appropriations for religious purposes Section 29 par 2 Art 6
7) Exemption of charitable, educational and religious institutions from taxes Section 4 par 3 and 4 Art 14
i. This is only in so far as real property taxes and income taxes
8) Congress should concur in granting tax exemptions Section 28 par 4 Art 6.
Section 1. Art III No person shall be deprived of life, liberty, or property without due process of law, nor shall
any person be denied the equal protection of the laws.
Section 28. Art VI (1) The rule of taxation shall be uniform and equitable. The Congress shall evolve a
progressive system of taxation.
Section 20. Art III. No person shall be imprisoned for debt or non-payment of a poll tax.
Section 10. Art III. No law impairing the obligation of contracts shall be passed.
Section 5. Art III. 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

Revenue obtained under a police power if regulation is the primary

Section 29. Art VI. (2) No public money or property shall be appropriated, applied, paid, or employed,
Revenue obtained through taxing power if the generation of revenue is the primary purpose
directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or
LIMITATIONS
system of religion, or of any priest, preacher, minister, other religious teacher, or dignitary as such, except
INHERENT:
when such priest, preacher, minister, or dignitary is assigned to the armed forces, or to any penal institution,
1. As to Purpose, taxes must be levied only for public purpose
2. As to Territoriality, the State may tax only persons and properties under its jurisdiction as a general rule or government orphanage or leprosarium.
(but for Filipinos, you can be taxed with Income tax for income obtained within and without the
Philippines)
3. Under International Comity, the property of a foreign state may not be taxed by the State Section 4, Art XIV (3) All revenues and assets of non-stock, non-profit educational institutions used actually,
4. Government is exempted from taxation directly, and exclusively for educational purposes shall be exempt from taxes and duties. Upon the dissolution
5. Non delegation or cessation of the corporate existence of such institutions, their assets shall be disposed of in the manner

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provided by law. Proprietary educational institutions, including those cooperatively owned, may likewise be
entitled to such exemptions subject to the limitations provided by law including restrictions on dividends and
provisions for reinvestment. (4) Subject to conditions prescribed by law, all grants, endowments, donations, or
contributions used actually, directly, and exclusively for educational purposes shall be exempt from tax.
Section 28, Art VI (4) No law granting any tax exemption shall be passed without the concurrence of a
majority of all the Members of the Congress.
BILL OF RIGHTS PROPER
ART III 1987 PHILIPPINE CONSTITUTION
DEFINE: the bill of rights is a declaration and enumeration of a persons rights and privileges which the Constitution
is designed to protect against violations or abuses by the government.
The enumeration of rights under human rights law, the rights you see under the enumeration in the Article III of the
Constitution is called the FIRST GENERATION OF HUMAN RIGHTS OR BASIC POLITICAL AND CIVIL
OTHER CASES:
RIGHTS/ NEGATIVE RIGHTS precisely designed to limit governmental power or authority if not minimize abuse
of governmental powers.
NEGATIVE RIGHTS
Prohibits the doing of an act against the state or government. The different rights under Article III are
Phrased or worded negatively.
GENERAL RULE:
o I wonder if you considered how many times the word NO has been used in Article III. 14 times.
Hindi kasama ang neither at not. It is a manifestation that indeed these rights are considered
negative rights because they prohibit abuses by the government.
By way of review:
SECOND GENERATION OF HUMAN RIGHTS Socio economic
THIRD GENERATION OF HUMAN RIGHTS Collective Human rights
FOURTH GENERATION OF HUMAN RIGHTSHuman rights reserved to the future generations (manifestations
are already being felt.)
Primary purpose prevent Governmental abuses.
Article III is applicable to both state actors as well as private persons.
GENERAL RULE: We apply these rights as a limitation to governmental powers. (PEOPLE V MARTI)
PEOPLE V MARTI
A Package should be delivered but the security personnel of the one day delivery service corporation
figured that something is illegal inside the box. True enough the private security open the box and it
contains bricks of marijuana. Marti was arrested and invoke as a defense the marijuana cannot be
used as evidence because it is a product of illegal search. Mind you that the one who conducted the
search was private persons.
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According to the Supreme Court, you cannot invoke the Bill of Rights generally against private
person because the main focus of the Bill of rights are sate agents.
ZULUETA V CA
Si misis pakiramdam niya nangangaliwa si mister na dentist. She went to the clinic of the dentist
and forcibly opened the cabinets and drawers of the husbands and true enough the wife discovered
tell tale signs of marital infidelity. These pieces of evidence, letters were used against the husband.
An Administrative, Criminal and Civil cases were filed against the husband.
Husband argued that these were illegally searched by the wife. The Trial Court said that he cannot
invoke his right to privacy against his wife besides Bill of rights is designed as a curtailment of the
powers of the State.
The Supreme Court did not agree stating that you did not surrender your right to privacy by the
mere fact of marriage.
Students expelled for participating in mass rallies against tuition fee increases. Can students hold rallies &
assemblies insides schools, colleges and universities? YES
According to the Supreme Court, the constitutional rights of students are not surrendered at the school
gates. Even students can exercise their constitutional rights inside the school.
By design, these rights under Article III were Impose to limit governmental abuses or power but it does not
mean to say that these Constitutional Rights cannot be invoked against private persons because private
acts can also be controlled under this Article III but it will depend on a case to case scenario.
HIERARCHY OF RIGHTS
1. HUMAN RIGHTS - ULTIMATE source of all known rights. APEX of rights. These are Inherent. Even in
the absence of a law or Constitution you can always invoke these rights the only requirement is for you to
be human. As long as you are human being, you can invoke these rights. All established rights are
patterned from these human rights.
2. CONSTITUTIONAL RIGHTS all rights protected and provided for by the Constitution
3. SOCIO-ECONOMICRIGHTS - includes property rights
4. CULTURAL RIGHTS
UNDER ARTICLE III OF THE CONSTITUTION: HIERARCHY OF RIGHTS
Q: is there also a hierarchy of rights under Article III? YES, there is.
Philippine Blooming Mills. V Philippine Blooming Mills Employees Organization
In this case, the employees conducted rallies. They were terminated by the employer invoking the fact that the
operation of the factory was paralyzed for three days during the rally.
The Supreme Court held that between property rights and constitutional rights like freedom of speech and

expression and peaceful assembly, constitutional rights are preferred. The right to freedom to speech and
expression occupies a special place on the hierarchy of rights. Freedom to speech and expression is a hallmark
of democratic society.
SECTION 1. No person shall be deprived of life, liberty and property (and the pursuit of
happiness) without due process of law
DUE PROCESS
Law which hears before it condemns, a law which listens before it strikes.
o There is no standard definition of due process.
As used and understood in our Constitution is RELATIVE.
RELATIVITY OF DUE PROCESS
RELATIVITY is the absence of absolute standards and universalapplication.
In short our concept of due process works on a case to case basis.
You see, the courts in particular that will apply or interpret the Constitutional provision cannot
be hogtied or limited to a particular definition of due process. Because due process works on a
case to case basis and it is better to not have a particular designation so courts can have a certain
leeway to decide a case or situation tainted with unreasonableness.
Due process depends on the circumstances, varies on subject matter, and depends on the
necessity of a particular case.
o Example: Criminal Due process is different from administrative due process.
If we say relative, if persons are entitled to due process in the same manner the state can also
demand due process.
CONSTITUTIONAL LAW refers to Governmental powers and organizations and a law defining
basic rights of individuals. It is all about a balancing act by design.
ASPECTS OF DUE PROCESS
A. PROCEDURAL DUE PROCESS
Refers to the mode of procedure which government agencies must follow in the enforcement and
application of laws.
Opportunity to be heard is the essence of procedural due process. To air ones side of the issue
Depends on the proceedings
PROCEDURAL DUE PROCESS IN JUDICIAL PROCEEDINGS:
REQUISITES:
a. A court or tribunal clothed with judicial power to hear and determine the matter before it;
b. Jurisdiction must be lawfully acquired over the person of the defendant or over the
property subject matter of the proceedings
Jurisdiction depends on the bar subject
Remedial to hear and decide a case
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Public International Law - Power of the state over things or persons
within its territory
c. Notice and opportunity to be heard
d. Judgment must be rendered upon a lawful hearing
- Procedural due process involving a judicial proceeding, it always require a
hearing.
- Administrative proceedings are not bound by technical rules on evidence.
- Use of Remedial law in administrative proceedings is suppletory.
PROCEDURAL DUE PROCESS IN ADMINSTRATIVE PROCEEDINGS:
REQUISITES:
1. The Right to present ones case and submit evidence in support thereof;
2. The tribunal must consider the evidence presented;
3. The decision must have something to support itself;
4. The Evidence supporting the conclusion must be substantial;
5. The decision must be based on the evidence presented at the hearing;
6. There should be independent consideration of the facts and the law of the controversy; and
7. The decision should be rendered in such a manner that the parties can know the various issues and the reasons
for the decision rendered.
PROCEDURAL DUE PROCESS FOR SCHOOL DISCIPLINARY PROCEEDINGS:
a) The student must be informed in writing of the nature and cause of the accusation against him
b) The student shall have the right to answer the charges against him with the assistance of a counsel if desired
c) The student has the right to be informed of the evidence against him
d) Has the right to adduce evidence in his own behalf
e) The evidence must be duly considered by the investigating committee or official designated by the school
authorities to hear and decide the case
f) The penalty imposed must be proportionate to the offense.
As rule they are summary in nature, no need for a trial type proceeding. Right to cross exam is not part
of administrative and school disciplinary proceedings; however, cross examination is integral part of due
process in judicial proceedings.
CROSS-EXAMINATION- part of the order of trial, the purpose of which is to destroy the theory of the
case of the other party. This can be waived if the lawyer is stupid by not invoking it.
There is violation of procedural due process when the same is the complainant, prosecutor and judge of the
case.
COLD NEUTRALITY OF AN IMPARTIAL JUDGE
Part of procedural due process
Bilbao v People July 1, 2015
Facts: the accused was charged with homicide; When it is the time for accused to present evidence,
the former prosecutor was changed because he was appointed as a judge in the same court where
 CONSTITUTIONAL LAW
REVIEW QUIZ FINALS 10

Bilbao case is lodged. Natural, before they present evidence, they filed a motion to inhibit. Sabi ni viii. Issuance of sequestration orders for ill-gotten wealth;
Judge Hindi ko natapos yung buong trial. Im only a prosecutor of the case until the time the ix. Hold departure orders;
prosecutor rested its case. Papaya kaba ? Sirauloka kung ganun. How will you expect to win? x. Watch list orders in airports; and
Holding:The Supreme Court held that the right of the accused to due process has been violated by xi. Suspension of a banks operation as ordered by the monetary board in instances such as if the bank is no
longer liquid or case of bank run.
the prosecutor who handled his case if he will be the same judge to decide the case regardless of the
extent of his participation in the case..
B. SUBSTANTIVE DUE PROCESS
It is the prohibition against arbitrary laws.
Tulali v Blanca Flor March 14, 2011
REQUISITES:
Facts: Si judge finilan nya ng direct contempt yung fiscal dahil may pinagkakalat na chismis na a. The interest of the public as distinguished from those of a particular class;
yung isang akusado sa arson case naacquit kasi nagbigay ng pera kay Judge. The judge pinpointed b. The means employed are necessary for the accomplishment of the purpose and not unduly oppressive upon
the prosecutor as the one spreading the gossip. The judge found the prosecutor Guilty and suspended individuals.
the prosecutor in the practice of law for 5 years.
ORDINANCE: ADDITIONAL REQUISITES:
HOLDING:The Supreme Court held that you cannot be the prosecutor complainant and judge at
c. It must not contravene the Constitution or any statute;
same time. It is grave abuse of authority
d. It must not be unfair or oppressive;
e. It must not partial or discriminatory;
Cases in relation to procedural due process: f. It must not Prohibit but may regulate trade;
REYES V OMBUDMAN MARCH 15 2015, REYES SB MARCH 15 2016 EJERCITO V g. It must be general and consistent with public policy; and
OMBUDSMAN JAN 21 2015 h. It must not be unreasonable.

FACTS: It has something to do with plunder case filed against Jingoy, Enrile and Atty Gigi Reyes. RIGHT TO COUNSEL
Part of substantive due process even at the administrative or judicial proceedings at the option of the party.
In this case, there is a common witness who is Benhur Luy. Initially he was charged since he was an
CONSULTA v PEOPLE FEBRUARY 12, 2009
accountant of Napoles. Eventually, he became a State Witness. Before becoming a state-witness,
during the preliminary stage of the case before the Ombudsman, He submitted a counter affidavit. FACTS: The accused was charged with robbery and was represented by Atty. Josie P. REYES. The
Before entering their plea, Estrada and Reyes wanting to consider pre-arraignment remedies such as accused noticed that his lawyer is as if not a lawyer at all for not knowing what he she is doing. The
motion to quash in particular. Their request is for them to be furnished a copy of former respondents accused secured a certification from the office of bar confidant. True enough the so called lawyer is
turned state witnesses counter affidavit. not a true lawyer. The said fake was the one who conducted the cross examination. Upon timely
HOLDING: The Supreme Court held that It is not part of due process for you to be furnished a copy discovery the judge was informed and the accused was given a public defender from the PAO.
of the counter affidavit of a fellow respondent. There is no rule that during the preliminary stage Eventually, he was convicted just the same. In his appeal, he said that he was represented by a fake
mandating a party to give a copy of a counter affidavit to another respondent. No such law! lawyer thus the accused was denied substantive due process.
HOLDING: Supreme Court, It is true that the accused was represented by a fake lawyer, but eventually
represented by a real one therefore there was no denial of substantive due process.
HEARING OR TRIAL TYPE PROCEEDING WHEN NOT PART OF PROCEDURAL DUE PROCESS &
CANNOT BE INVOKED AS A MATTER OF RIGHT:
i. When Administrative agencies are exercising quasi legislative function also known as rule making
DELGADO V CA NOVEMBER 10 1986
power or power of subordinate legislation;
ii. Abatement of nuisance per se; Involves Similar facts as that of the previous case.
iii. If the court will grant provisional remedies particularly if there is urgencies;
Initially, the accused was represented by a fake lawyer and the Supreme Court held that there was a
iv. In cases of preventive suspensions;
denial of substantive due process
v. Removal of a temporary employee in the government service called casual employees;
vi. Issuance of warrants of distraint or levy by the BIR Commissioner;
vii. Cancellation of a passport of a person charged with a crime;
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CONSTITUTIONAL AND
STATUTORY DUE PROCESS:
RIGHT TO APPEAL
GENERAL RULE: It is a mere statutory privilege
It must be exercised in the manner provided for by law particularly the period provided for by law
It can also be waived but an appeal can be an essential due process of law
EXCEPTION: It is part of due process if the appeal process is provided for by the constitution itself such
as
According to Art VIII, SEC 5, PAR . IN All criminal cases wherein the penalty is Reclusion Perpetua
or higher, there is automatic appeal to the Supreme Court. This is part of due process. Note that if the
Constitution itself provides the mode of appeal, it is part of substantive due process.
PRELIMINARY INVESTIGATION
The purpose of conducting investigation is to establish probable cause.
Q: Is it mandatory?
A: NO, it is NOT mandatory.
EJERCITO V OMBUDSMAN January 21, 2015.
The Supreme Court held that a preliminary investigation may be done away without infringing the constitutional
right of an accused under the due process clause to a fair trial
4 2 1 RULE- AND BELOW- if a crime is punished for 4 years 2 months and 1 day below, NO
requirement for Preliminary Investigation, all others, may require PI. It may be requested.
It is a statutory privilege
It is NOT part of due process
VOID FOR VAGUENESS RULE
For Americans it is applicable in penal laws if the acts as defined is not clear, the accused cannot be
convicted under that law
In the Philippine, it argues that a law cannot be enforced if it is so vague or confusing that an average
person cannot understand it. In short, a vague law is subject to facial challenge.
FACIAL CHALLENGE on the face of the statute, it is vague or Unconstitutional therefore it
is VOID.
A law is VAGUE if it lacks comprehensible standards that men of ordinary intelligence must
necessarily guess as to its meaning and differ as to its application.
RIGHT TO
EQUAL PROTECTION OF THE LAW
Equality that guarantees legal equality or the equality of all persons before the law.
It does not demand absolute equality, there is no such thing.
MEANING: All persons shall be treated alike if they fall under like circumstance and conditions both as to
privileges conferred and liabilities enforced.
Allows a valid classification
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VALID CLASSIFICATION: REQUISITES
1. Substantial distinctions
2. The distinctions must be germane to the purpose of the law
3. It is not limited to existing conditions only
4. It Applies equally to all members of the same class
BERAOGA v. TRUTH COMMISSION 2010
Purpose: To investigate on the alleged corruption committed by the previous administration
The Supreme Court held that It is Unconstitutional because there is NO valid Classification. It
violates equal protection of the law.
STANDARDS OF JUDICIAL REVIEW APPLICABLE TO THE EQUAL PROTECTION CLAUSE AS WELL AS
SUBSTANTIVE DUE PROCESS
RATIONAL BASIS TEST
Laws or ordinances are upheld if they rationally further a legitimate governmental interest
STRICT SCRUTINY TEST
The focus is on the presence of compelling rather than substantial government interest and in the
absence of less restrictive means for achieving that interest
INTERMEDIATE TEST
The governmental interest is extensively examined and the availability of less restrictive
measures is considered.
CASE: (READ THIS CASE.ASKED IN THE QUIZZ AND EXAMINATION)
WHITELIGHT CORPORATION v CITY OF MANILA JANUARY 30 2009
Then mayor Alfredo Lim of Manila with the help of the city council enacted an ordinance prohibiting
hotels and motels in offering short time services or called as wash hour rates. Usually it is limited to a
minimum of 2 maximum of 5 hours is prohibited because this practice encourages immorality.
White Light Corporation owns various motels and hotels joints around Ermita. This company challenged
the ordinance.
In determining the constitutionality of the ordinance, the Supreme Court enumerated the three standards
but only used one, namely: rational basis test; Strict scrutiny test used in this case and Intermediate test.
The police power objective of the ordinance is to avoid immoral acts.
The Supreme Court held that what is primarily being invoked by white light corporation is its property
rights. The invocation of the property rights is not sufficient to challenge the ordinance but what about
the legitimate rights of the patrons of these hotels and motels.
The ordinance is not fair. It protected the rights of the legitimate customers. It actually prohibit rather
regulate trade.
In applying the Strict Scrutiny Test, the Supreme Court held that there are other less restrictive means in
order to combat immorality like education.

SECTION 2. The right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures of whatever nature and for any purpose shall
be inviolable, and no search warrant or warrant of arrest shall issue except upon probable
cause to be determined personally by the judge after examination under oath or
affirmation of the complainant and the witnesses he may produce, and particularly
describing the place to be searched and the persons or things to be seized.
RIGHT AGAINST
UNREASONABLE SEARCHES AND SEIZURE
A mans home is his castle
Connected to a very important zone of privacy which is your HOME. Does not mean it is limited to your home
but applicable to you as a person because as a person, you can be subjected to unreasonable searches and
seizure.
HOME as a zone of privacy is inviolable, even UDHR mandates that no one shall be subjected to arbitrary
interference to his privacy and that everyone has a right to protection of the law against interference.
VALIDITY OF A SEARCH AND SEIZURE
GENERAL RULE:
For a search or seizure to be valid, there must be a search warrant validly issued by a judge.
Note that in this jurisdiction only a judge can issue a search warrant.
WARRANTLESS SEARCH AND SEIZURE
Construed in the strictest conditions and terms against The Government
It is an exception.
UNREASONABLE SEARCH OR SEIZURE Under the Constitution
1. When the search and seizure is with a warrant but not founded or based on a judicially determined
probablecause; and
2. When the search and seizure without a warrant is unreasonable.
UNREASONABLE
No standard definition
It is determined on a case to case basis.
The unreasonableness must be determined by the facts surrounding each case.
SEARCH WARRANT R126
Order in writing issued in the name of the people of the Philippines signed by a judge directing peace
officer commanding him to search property described therein and bring it before the Court.
October 25
SEARCHES AND SEIZURE
It contemplates two independent situation.
Acts committed by the state, ordinarily this constitutional right cannot be invoked against private individuals as
decided in the case of PEOLPE v MARTI.
Strictly applied against state actors.
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THE FOLLOWING ARE TWO ACTS THAT WILL AMOUNT TO VIOLATION OF THIS CONSTITUTIONAL
RIGHT:
1. Search and seizure without warrant is unreasonable
Unreasonableness depends on the circumstances.
2. Search and seizure is with a warrant but not founded on judicial determination of
probable cause
There is a need for a judicial determination of probable cause in order for a search warrant to be
issued.
SEARCH WARRANT
Judicial determination of probable cause for purposes of issuing a warrant of arrest
Independent from the executive determination
SEARCH WARRANT
Is an Order in writing issued in the name of the people of the Philippines signed by a judge and directed to
a peace officer commanding him to search foe personal properties described therein and bring it before the
court.
It is always connected in a judicial process particularly a criminal process. Search warrant is always
connected to a criminal process.
There is no such thing as administrative search warrant because in the Constitution and under rules the on
criminal procedure, only a JUDGE can issue a search warrant.
You do not apply the concept of a search warrant in other cases like civil cases such as special proceedings
but it is connected with the prosecution of a crime.
If you want personal properties to be considered as evidence in a civil case, there are other modes of
compulsion to bring that personal property but you do not apply search warrant but you can avail other
modes such as subpoena which could either be duces tecum or ad testificandum but never a search warrant.
Strictly speaking a search warrant is only applicable in a CRIMINALPROCESS in anticipation of a case to
be filed in court or one already pending.
Instances when a search warrant can be issued in a criminal case:
1. In anticipation of one to be filed
2. Or in a pending criminal case.
SUBJECT MATTER OF A SEARCH WARRANT
The subject of a search warrant is a personal property not real property but the personal property may be found
on a real property.
1) Personal property only which was stolen or embezzled,
2) Personal property which are the proceeds or fruits of a crime,
3) Personal property used or intended to be used to commit a crime.
NOTE:when we speak of probable cause, there are different ways of determining probable cause depending on
the kind of criminal proceeding.
PROBABLE CAUSE for purposes of FILING INFORMATION by the prosecutor is an EXECUTIVE
DETERMINATION OF PROBABLE CAUSE. Once the information was filed by the prosecutor in court, the

judge is NOT bound by the finding of probable cause by the prosecutor because underthe
RULESONPROCEDURE, the judge should always determine probable cause. The judge is not bound by the
findings of the prosecutor. Once the information is filed in court, there is a JUDICIAL DETERMINATION OIF
PROBABLE CAUSE for purposes of issuing warrant of arrest. Note further that judicial determination of
probable cause is independent from executive determination of probable cause.
PROBABLE CAUSE (for issuing warrant)
These are Facts and circumstances which would lead a reasonably discreet and prudent man to believe that an
offense has been committed and that the object sought in connection to the offense are in the place sought to be
searched
REQUIREMENT:
a) By oath or affirmation: The judge and no other persons can examine the applicant or complainant
This cannot be done ex-parte with the clerk of court. The judge should personally
determine probable cause.
How: by considering affidavits and other documents submitted by the applicant or
complainant and the complainant or applicant should personally appear before the judge
AND
The judge must conduct searching questions to determine whether the applicant or
complainant has personal knowledge about the existence of the things to be seized by
virtue of that search warrant upon the complainant or applicant.
i. PERSONAL DETERMINATION OF PROBABLE CAUSE Means that the
judge will propound searching questions on the applicant. It is as if the judge
will conduct direct and cross examination on the applicant.
b) The examination must be reduced in writing and must be executed under oath
Under oath means that the applicant or complainant for the search warrant will take an oath on
the affidavits presented but as well as the transcript of stenographic notes reflecting the
questions propounded to the applicant or complainant by the judge and in that transcript of
stenographic notes, there is a portion whereby the applicant/complainant is required to affix
his/her signature under oath.
b.
Particularities as stated in the constitution and under
the Rules of Court
Particularity of the thing to be seized
Particularity of the place to be searched
Particularity of the offense connected with the search
Particularity of the persons to be searched
a. PARTICULARITY OF THE THING TO BE SEIZED
Note that in our Jurisdiction, a general warrant is not allowed.
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CASE:
STONEHILL v. DIOKNO
You cannot include there all things that may be used in the commission of the offense.
The search warrant issued was very general. All documents, typewriters, among other things
were seized. There was no particularity as to the things to be seized.
The Supreme Court held that the general warrant is not allowed as it does not
PROBLEMS:
1. What if in the search warrant, it states to search for an undetermined amount of shabu /
methamphetamine hydrochloride
- This is allowed since there is really no way of determining exactly the proper quantity or
weight of shabu until it has been confiscated.
2. If what is stated is undetermined quantity of illegal drugs
- This is not allowed. It is very general. There must be specification as to the name or type
of drugs considering the number of enumerated illegal drugs by the law.
3. Undetermined quantity of shabu. The PDEA implemented the warrant. Cabinets, drawers,
furniture and the whole house of the suspect were searched and resulted positive. There is indeed
shabu but aside from the shabu, a calibre 45 pistol was also discovered. Lets say that the small
firearm is unlicensed. Will the firearm be legally confiscated under that search warrant?
- Search warrant is always item or object specific. Only items or objects specified in the
search warrants can be confiscated.
- What to do is apply another search warrant to seize the unlicensed firearm.
4. What if the unlicensed firearm was discovered in plain sight during a raid operation?
- In this case, the unlicensed firearm can be seized not by virtue of the search warrant but by
virtue of plain view doctrine thus no need to apply for a separate warrant for the firearm.
- NOTE: A Search Warrant is not a sweeping authority to be abused by the implementing
authorities to get things not indicated in the search warrant. The PURPOSE of a search
warrant is to prevent abuses.
PARTICULARITY OF THE PLACE TO BE SEARCHED
PROBLEMS:
1. The address indicated in the search warrant always governs.
Application for search warrant indicating premises only without specific house number will
be rejected. Approximation of the place is not allowed as well.
If there is no house number , documentation of the house is required by submitting
photograph the house itself as well as a certification from the Barangay Captain
Example: #15 Rimando Rd Aurora Hill, Baguio City. Pagdating dun, the house to be
actually searched based on intelligence ay number 16. They enforced the same.
- This is improper because the address always govern
2. The address is proper but the house is fenced and walled. Upon entering, it turns out to be compound
and 5 houses are there.

- It depends if all of the 5 houses use the same number and same address, search of the 5
houses is justified.
- If all the houses are using separate and different numbers, only the number of the house
specified in the warrant shall be searched.
3. Search warrant with proper address was implemented. The search turned negative. About 15 meters
from the main house is a garage. Will the search of the garage justified?
- Yes because the structure has no independent existence from the main house.
4. What if the subject of the search is Adenauer Building consisting of several floors and each floor
consists of several rooms?
- If building is the subject matter, specify the floor and the room since a search warrant is
not a sweeping authority to search every room and every floor of the building.
- The proper thing to do is specify the rooms and floor to be searched.
TEST IF THE STRUCTURE IS SEPARATE
As long as the structure is essential and a necessary component of the main address
indicated then the search is justified.
c. PARTICULARITY OF THE OFFENSE CONNECTED WITH THE SEARCH WARRANT
In a catena of cases decided by the Supreme Court, there is a Prohibition on a SCATTER SHOT
WARRANT. The warrant should always be connected with a particular offense. One search
warrant one offense rule.
PROBLEMS:
1. What if the in the search warrant, the offense indicated is Violation of RA 9165 or the
Comprehensive Dangerous Drugs Act of 2002 without specifically indicting which section is violated
(note that there are a lot of violation such as selling, using, possessing, maintaining a drug den,
possession of drug paraphernalia, using minors as runners among others)
- The search warrant is VALID. It is valid because the acts are closely connected with one
another that they belong to the same class or species.
Sa mga nangangarap na maging addict jan, ganito kasi ang magiging kaso mo.
Kahit singular act lang, pwedeng POSSESSION, tapos, mag a undergo ka ng
drug test, pag nagpositive ka, USING, kapag may nakitang drug paraphernalia
sayo, separate na kaso yun. Pag nagbenta ka pa, naku wag ka nang manbgarap
na lalaya kapa.
2. What if the offense indicated is a crime of homicide. A dead body has been found after conducting a
search. The head was separated from the main body even the Fingers were separated. Meaning the
victim was subjected to torture. The aggravating circumstance of ignominy is present. Thus the proper
charge should be MURDER however what was indicated in the search warrant was HOMICIDE. Is
the search valid?
- The search warrant is VALID. The crime of homicide is used in its generic term or general
sense.
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o Pero kung yung nahanap na katawan ay katawan ng aso, hindi homicide yun,
Dogicide yun! Di pupwede yung search warrant mo. Apply ka muna for cruelty to
animals. Atty. B.
d. PARTICULARITY OF THE PERSON TO BE SEARCHED
1. What if the applicant does not know the real name of the person but through a verified intel,
there are contrabands in the house he is occupying.
- As far as the demand of the Constitution with respect to the person to be searched, there
is SUFFICIENT DESCRIPTIO PERSONAE.
- If the real name is unknown, there must be at least a proper physical description.
o Yung subject matter of the search medium built, nakared jacket, naka
conversechucks tapos nakaponytail, napakaganda ng ngiti, PETMALU! Sino
bay un? Si Jorn Reyes! Alright! Atty. B.
- Since the name is not known but there is proper Descriptio Personae, the name in the
warrant is Jane Doe or John Doe. Under an assumed name or alias. As long as the
person can be identified.
ACTUAL IMPLEMEMTATION
OF THE SEARCH WARRANT
RULES
I. KNOCK AND ANNOUNCE RULE
o You were issued and search warrant and went to the place under full battle gear. Upon reaching the
address, binazuka nyo kaagad yung pinto. Force was immediately used in the implementation of the
search. Sa rule na to, bigyan nyo pa din ng dignidad yung bahay at yung tao.
Under this rule: Inform the lawful occupant that you will be implementing the search warrant
Only at such time wherein force will be used against you, despite the fact that you explained your purpose that
you are justified as a law enforcer, that you will answer with the equal amount of force, reasonable and
sufficient force
But, if the lawful occupant is cooperative do not use force. Defense shall only be used under exceptional
circumstances for protection of life and the lives of your companions as law officers in the implementation of
the search warrant.
II. WITNESSES TO THE SEARCH RULE
If the lawful occupant is not around, minimum of two witnesses of sufficient age and discretion
must be present
What if the lawful occupant is present, then he will request that he will be actually present in
every step of the search. However, the police officer did not allow the occupant ay hindi. Pulis
ako. Umupo ka lang dun.
o This is improper. This is tantamount to illegal search.
There must be an order in the conduct of the search. Call for the Barangay Captain of the place
and two other witnesses and explain to them how you will be conducting the search which must
be in an orderly manner. Respect the lawful occupant while implementing the search warrant.

It is always safe that in the implementation of the search warrant, call for 2 witnesses of
sufficient age and discretion particularly so if the lawful occupant is not around at the place to
be searched.
o Kumatok ka, pagbukas ng pinto, napatingin ka pa sa baba kasi six years old, ano po
yun? Wala po sina mommy at daddy, ano po kailangan nyo? The search warrant
cannot be implemented in such case.
III. INVENTORY RULE
There must be a physical inventory of the properties or things seized. Document it. Take
pictures and videos of it.
o A picture speaks or paints a thousand words.
o A picture is more eloquent that a hundred witnesses put together.
IV. RECEIPT AND RETURN RULE
A Search Warrant is good only for 10 days.
The implementing officer has the Obligation to return the search warrant to the judge and
explain why no items were seized or confiscated.
If there are items seized, a receipt of the items seized must be submitted to the issuing judge.
V. PREFERENCE TO DAYTIME SEARCH
For as long as the sun is up, when there is natural light,that is daytime.
There is preference of a daytime search as against a nighttime search is explained by the
Supreme Court as follows in nighttime, judicial processes are prone to abuses. Experience will
show that nighttime implementation of the search warrant will expose a lot of abuses.
Nighttime search is however not prohibited provided the implementation during nighttime has
justifiable and compelling reason
As to day it may refer to any day of the week.
SECTION 21 OF RA 9165: COMPREHENSIVE DANEROUS DRUGS ACTS OF 2002
OBLIGATIONS IN DRUG OPERATION
Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs,
Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment. The PDEA shall take charge and have
custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and
essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so
confiscated, seized and/or surrendered, for proper disposition in the following manner:
(1) The apprehending team having initial custody and control of the drugs shall, immediately
after seizure and confiscation, physically inventory and photograph the same in the presence of
the accused or the person/s from whom such items were confiscated and/or seized, or his/her
representative or counsel, a representative from the media and the Department of Justice (DOJ),
and any elected public official who shall be required to sign the copies of the inventory and be
given a copy thereof;
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(2) Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant sources
of dangerous drugs, controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment, the same shall be submitted to the PDEA
Forensic Laboratory for a qualitative and quantitative examination;
(3) A certification of the forensic laboratory examination results, which shall be done under
oath by the forensic laboratory examiner, shall be issued within twenty-four (24) hours after the
receipt of the subject item/s: Provided, That when the volume of the dangerous drugs, plant
sources of dangerous drugs, and controlled precursors and essential chemicals does not allow the
completion of testing within the time frame, a partial laboratory examination report shall be
provisionally issued stating therein the quantities of dangerous drugs still to be examined by the
forensic laboratory: Provided, however, That a final certification shall be issued on the completed
forensic laboratory examination on the same within the next twenty-four (24) hours;
(4) After the filing of the criminal case, the Court shall, within seventy-two (72) hours, conduct
an ocular inspection of the confiscated, seized and/or surrendered dangerous drugs, plant
sources of dangerous drugs, and controlled precursors and essential chemicals, including the
instruments/paraphernalia and/or laboratory equipment, and through the PDEA shall within
twenty-four (24) hours thereafter proceed with the destruction or burning of the same, in the
presence of the accused or the person/s from whom such items were confiscated and/or seized,
or his/her representative or counsel, a representative from the media and the DOJ, civil society
groups and any elected public official. The Board shall draw up the guidelines on the manner of
proper disposition and destruction of such item/s which shall be borne by the offender: Provided,
That those item/s of lawful commerce, as determined by the Board, shall be donated, used or
recycled for legitimate purposes: Provided, further, That a representative sample, duly weighed
and recorded is retained;
(5) The Board shall then issue a sworn certification as to the fact of destruction or burning of
the subject item/s which, together with the representative sample/s in the custody of the PDEA,
shall be submitted to the court having jurisdiction over the case. In all instances, the representative
sample/s shall be kept to a minimum quantity as determined by the Board;
(6) The alleged offender or his/her representative or counsel shall be allowed to personally
observe all of the above proceedings and his/her presence shall not constitute an admission of
guilt. In case the said offender or accused refuses or fails to appoint a representative after due
notice in writing to the accused or his/her counsel within seventy-two (72) hours before the actual
burning or destruction of the evidence in question, the Secretary of Justice shall appoint a
member of the public attorney's office to represent the former;
(7) After the promulgation and judgment in the criminal case wherein the representative
sample/s was presented as evidence in court, the trial prosecutor shall inform the Board of the
final termination of the case and, in turn, shall request the court for leave to turn over the said
representative sample/s to the PDEA for proper disposition and destruction within twenty-four (24)
hours from receipt of the same; and
(8) Transitory Provision: a) Within twenty-four (24) hours from the effectivity of this Act,
dangerous drugs defined herein which are presently in possession of law enforcement agencies
shall, with leave of court, be burned or destroyed, in the presence of representatives of the Court,
DOJ, Department of Health (DOH) and the accused/and or his/her counsel, and, b) Pending the
organization of the PDEA, the custody, disposition, and burning or destruction of

seized/surrendered dangerous drugs provided under this Section shall be implemented by the
DOH.
The apprehending team having initial custody and control of the drugs shall immediately, after seizure and
confiscation, PHYSICALLY INVENTORY and photograph the same in the presence of the
accused or persons from whom such items were confiscated or seized or
his representative or counsel,
a representative from the media,
a representative from the DOJ,
a representative from the prosecution
and any elected public official who shall be required to sign the inventory and shall be given a copy
thereof.
The seized item should be delivered to the crime laboratory for quantitative and qualitative examination within 24
hours. It is important in relation to CHAIN OF CUSTODY. For the prosecution, it is part of their burden of proof to
establish the culpability of the accused beyond reasonable doubt to show how the evidence was taken into custody
from the initial apprehension up to the time of presentation in court.
It is important in drug cases because in these cases, it can be considered as victimless crimes whereby there are no
private offended party and the only offended party is the state.
In victimless crimes, the corpus delicti of the crime is the item of object itself. Thus, conviction is not possible in
drug cases without actually presenting the drug itself and without having established how the illegal item was seized
or retrieved, who took care of it until such time it was delivered to the court.
The chain of custody rule is imposed to maintain the integrity of the pieces of evidence.
Delivery of the Items to the courts.
If it consist tons of shabu, the delivery of the entire amount of shabu seized is not necessary since under the law, the
illegal items must be destroyed within 72 hours from time of seizure. Only a sample of the items seized may be
presented in court.
An Initial marking of the evidence must be done immediately by the apprehending officer after the arrest or seizure,
conduct an inventory, photograph the evidence in the presence of the accused or any other person from whom the
object was seized, representative or counsel of the accused, a member of the media, DOJ, prosecutor and any elected
public official.
REMEMBER: advice your client of these cases to SHUT UP.
NOTE: Any admission made with the media is admissible as evidence in court because the media is
considered as private person.
GENERAL RULE:
INVENTORY must be conducted at the actual place of arrest or confiscation of the drugs is given
preference. It must be done immediately.
Immediately is a case to case basis.
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THUS if in a :
BUY BUST OPERATION is an entrapment operation. This is a valid warrantless arrest and seizure.
- The justification will be the person is committing a crime in flagrante
delicto but the criminal design came from the mind of the accused and not
from the arresting police officer. (INSTIGATION criminal design came
from the arresting police officer.)
- In these kinds of operation, the arrest shall only be conducted upon the
consummation of the sale.
IMMEDIATELY
Not absolute
You can do it on the spot or somewhere else such as the police station or barangay hall should
there be justifying and compelling reasons. Otherwise, stick to the rule and conduct the
inventory at the actual place of apprehension and/or confiscation.
LAST PART OF Section 21: SUBMIT immediately within 24 hours to the crime laboratory the confiscated drugs
for quantitative and qualitative testing.
Failure to comply causes automatic dismissal of the case. The Supreme Court imposes strict compliance with this 24-
hour- rule in submitting drugs to the crime laboratory. The law is very clear.
It is not even a reason that the crime laboratory is far because according to the Supreme Court, the police officer who
is to submit the item to the crime laboratory must inform the crime laboratory that he will be submitting items for
testing and document that he is on the way to deliver the items.
SUMMARY ON RULE ON SEARCH WARRANT:
Must conform to the following:
1. The warrant must be issued upon probable cause
2. The probable cause must be determined by the judge himself (non-delegable)
3. In the determination of the probable cause, the judge must examine under oath the complainant
and witnesses by using searching questions
4. Consider the four particularities to the things, offense, place, persons
5. The basic rules in the implementation if the search warrant: knock and announce, witnesses to
the search, inventory, receipt and return, preference to daytime search.
WARRANTLESS SEARCH AND SEIZURE
QUERY (Ate Rhai): can the contents of a cellphone be searched?
SIR: ieexplain ko din yan ngayon. Elax lang mga addikpramis ibibigay ko yung Philippine Jurisprudence pati US
jurisprudence kasama na din ang GPS, tracking devices, heat thermal machines, kasama yan.
GENRAL RULE: A warrant must first be secured before conducting arrest, search and seizure.
EXCEPTION: warrantless arrest, searches and seizures as allowed by the Constitution.
BUT, since these Exceptions are the derogation of the general rule, they should be strictly construed against the
government.
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CALSSIFICATION OF WARRANTLESS SEARCH AND SEIZURE: CIRCUMSTANCES:

a. Probable cause oriented searches FLAGRANTE DELICTO ARREST
b. Regulatory searches o The person to be arrested has just committed, is actually committing or is
These has no warrants attempting to commit arrest. This may be conducted by ANYBODY for that
Consented warrantless search matter.
This does not fall under the two classification of warrantless search.
ARREST EFFECT IN HOT PURSUIT
I. PROBABLE CAUSE ORIENTED SEARCHES o When an offense has just been committed and the person has probable cause to
INCLUDES: believe based on personal knowledge that the person to be arrested has
A. Warrantless search Incidental to a Lawful Arrest committed it.
B. Plain View Doctrine
C. Automobile search ARREST OF ESCAPE DETENTION PRISONER
D. Emergency cases search o An escapee or fugitive can be arrested even in the absence of a warrant of arrest.

II. REGULATORY SEARCHES B. PLAINVIEW

INCLUDES:
A. Stop and Frisk / Terry Arrest and Search (Terry v Ohio)/ Patty Arrest and Search
B. Customs and Airport searches
C. Checkpoints (Devilla case-landmark case)
D. Administrative Searches
Includes inspection of structures for fire, sanitary, building and environmental
regulations.
III. CONSENTED WARRANTLESS SEARCH
Is validated by the consent of the person himself and not by probable cause or
regulation of the government
I. PROBABLE CAUSE ORIENTED SEARCHES
A. WARRANTLESS SEARCH INCIDENTAL TO A LAWFUL ARREST
The arrest should happen first the arrest being either with or without a warrant as long as the
arrest is lawful.
As long as arrest is lawful, a warrantless search to follow is lawful.
The process cannot be reversed, arrest first before search
o The so-called operation kapkap whereby a search shall first be conducted then arrest
will follow after an illegal item has been found is subject to a Constitutional
Challenge.
Requires the elements of time and place whereby the conduct of the search should not be too
remote from the time and place of the arrest.
o The warrantless search shall be conducted immediately where the person was arrested
Unless for justifiable and compelling reasons, a deviation from the rule is allowed.
The manner of arrest may be waived by not questioning it HOWEVER, the waiver of the
manner of arrest will not validate the legality of the warrantless arrest because there should be a
valid arrest first before a search incidental to a lawful arrest may be conducted.
Dawn&YhuanKhan
ELEMENTS:
a) A prior valid intrusion in which the police are legally present in the pursuit of their official
duties;(this is one particular doctrine applicable only to police officers)
b) The evidence was inadvertently discovered by the police who had the right to be where they are;
c) The evidence must be immediately apparent to be evidence of a crime; and
d) The plainview will justify seizure of evidence without further search.
Open or Exposed to sight
Except: If there is a distinctive configuration and other presentation of the evidence is immediately
apparent, it will also justify the plainview doctrine
DISTINCTIVE CONFIGURATION
This pertains to instances whereby the items are covered or hidden but by examining
the distinctive configuration, you will know what the thing is all about.
o Halimbawa si mr Calunnag, may nakasalubng na pulis and the police saw
something bulgng in the pants of Mr. CAlunnag. Ano yung bumubukol na
yun? Wag bastos ha inosente tong tanong ko. Pagkatingin ng pulis sa harap
ni Mr Calunnag, alam nyang baril dahil may distinctive configuration ang
baril. That is considered still as a plainview according to jurisprudence.
o If the package itself will proclaim other presentation that will justify its
existence just like in the question of Mr. Sareno, the aroma of illegal drugs,
it is still within plainview.
o Pero wala pa akong naencounter na ebidensya na pwedeng tikman.
Includes shapes, aroma, package or other presentation that will justify its existence.
What matters is the illegal item is obvious to the observer ( key guide).
C. AUTOMOBILE OR CAR SEARCH
You can relate this to validity of checkpoints.
GENERAL RULE
Limited to visual search because actual physical intrusion is not allowed in the absence of a
warrant.
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They can flash the light into the vehicle and conduct visual search but no physical search is
allowed absent a warrant.
US: Justification: In order not to lose jurisdiction within state lines. Once the person to be
arrested goes beyond the state line of the state where the crime was committed, the arresting
officers cannot go beyond the state line and is required to relay the matter to the other state to
continue arrest in hot pursuit.
PHILIPPINES: we adhere to transitory crimes or continuing crimes where any of the elements
of the crime can happen in different jurisdiction.
JUSTIFICATION: Practicality and necessity.
Kung nakapark yung sasakyan, a warrantless search is not justified. There is a need for a
warrant.
What if the car is parked but the engine is still running, according to sir, as long as the engine is
running even if parked, the automobile is considered MOVING.
Dont take it literally na gumagalaw yung sasakyan ah. That is not the case.
CASE: PHILIPPINES
MALAKAT v CA
The Supreme Court held that a mere suspicion or hunch without actual danger to the life of the
arresting policemen , there is no genuine reason for them to believe that their life is in danger, stop
and frisk cannot be applied. Stop and Frisk is considered as an exception as a method of self
preservation on the part of the arresting officer.
In short, stop and frisk is considered a an exception as a method of self preservation on the part of the
arresting officers.
The Supreme Court said that we need to go back to Terry v. Ohio. If there is no justifiable reason to
conduct a search because no danger to their life or threat to their persons, police are hit justified to conduct
warrantless search and seizure and invokes stop and frisk.

D. EMERGENCY CASES NOTE: In the bar, when the question is on stop and frisk, examine the facts if there is danger on the life of
Fact specific the police officer that will justify a warrantless search.
o The person conducting the search should prove the existence of the emergency.
The existence of the emergency is a question of fact. Consent to be search without a warrant should always be clear and categorical. It must be Given by the
Emergencies may either be natural or manmade. person owning that right.

The PRINCIPLE OF AGENCY such as where the owner is located abroad but there is a designated
II. REGULATORY SEARCHES administrator over the property, evidenced by special power of attorney; the administrator can give consent
E. STOP AND FRISK ARREST AND SEARCH to the search because the act of the agent is considered as the act of the principal because they are
Patty arrest and search because you will pat the body of the person. (in tagalong, kapkap) considered as one juridical personality. There is a fusion of legal personality between the principal and that
US CASE: of the agent.
TERRY v OHIO
There is no such thing as a waiver by mere implication or presumption.
Justification: to protect the life of arresting officer or policemen because this is a particular
warrantless search that can only be invoked by police officers. They believe that the person to be ADMISSION BY SILENCE there is no admission by silence because it should be clear or categorical.
searched may be armed with deadly weapon that can be used against them. In short, there is probable
cause that is why the policeman will conduct stop and frisk. F. CUSTOMS AND AIRPORT SEARCHES
By tradition of law, this is an exception for the principal purpose of combating smuggling activities in
ports and airports.
In earlier cases, The Supreme Court applied this doctrine even if there is no manifest danger to the life of Nowadays, a new justification developed to justify this kind of search which is terrorism. This is to
police officers conducting beat patrols. ensure safety in ports and airports by conducting thorough search even in the absence of a warrant.
Example: It may also include the prevention of the spread of diseases.
Wobbling eyes
Or the person is looking at the police officer suspiciously. (what if gwapo lang yung pulis noh G. POLICE AND MILITARY CHECKPOINTS
Mr. Yapit?... joke lang.) Limited to visual searches only
Justified precisely to maintain peace and order

H. ADMINISTRATIVE SEARCHES
To ensure compliance with fire, building, environmental sanitary laws and regulation or even tax
inspection.
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Justified by the police power of the state to promote public welfare.
III. CONSENTED WARRANTLESS SEARCH
The consent is something personal to the person and cannot be invoked by another person.
It is a personal right.
The one giving consent should be fully aware that he or she is surrendering or waiving a right
because that person has sufficient age and discretion.
Mere border, tenant, maid cannot waive the right of the lawful owner of the house.
NOTE: SILENCE cannot be construed as a waiver or consent because IN CONSENTED
WARRANTLESS SEARCH it should be personal and consent can never be presumed, it should be
categorical clear, leaving no other conclusion that the person is validly giving the consent.
SPECIAL AREAS OF SEARCH
This is still without a warrant.
1. COMPUTERS
Determine if privately or publicly owned such as those in the internet shops or library. You
cannot expect strict rules on privacy over these establishments because anybody for that matter
can use these computers.
If a computer is within a private place such as home or room, you can demand stricter rules on
privacy
RA 10175: Cybercrime Prevention Act of 2012 - A computer, device, phone and other
instruments that can process data can only be confiscated and examined as to contents if there is
a search warrant.
If the computer is generally available to the public, there is no reasonable expectation of
privacy. As such, it can be searched by anyone for that matter. These are the old teachings.
You only have a reasonable expectation of privacy if that is your personal computer and you use
it in the confines of your own home or private office in such manner that the public has no
access over the same.
Now: We have a law.
R.A. 10175 ANTI-CYBERCRIME PREVENTION ACT OF 2012
In this law, a person is not allowed to pry or search into the computer whether public or
private without the consent of the owner or file owner. This is now a crime.
According to the law, the only way that electronic evidence or computer generated
evidence under this law to be introduced as evidence the search must be accompanied by a
search warrant.
Even as far as computer evidence, it may now be the subject of exclusionary rule in the
absence of a search warrant.
There is no such thing as warrantless search in so far as computers or computer files
because the law is very clear that you can only use evidencegenerated by the computer
orother devices fir that matter if the state or even private persons were armed with a search
warrant.
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In thePhilippines, if one wish to use computer evidence, there is only two law enforcement
agencies that can AUTHENTICATE a computer evidence either the NATIONAL
BUREAU OF INVESTIGATION (NBI) or CRIMINAL IVESTIGATION AND
DETECTION GROUP IF THE PNP (CIDG). This is however with the presumption that
they applied for a judicial search warrant.
Thus, there must be a valid search warrant first and all computer generated evidence prior
to introduction as evidence must have been authenticated.
CASE: PHILIPPINES
CONSTITUTIONALITY OF RA 10175
DISINI v. SECRETARY OF JUSTICE FEBRUARY 8, 2014
FACTS:
INTERNET AND COMPUTER USE AS A BOON (Advantage) TO THE PRESENT
GENERATION
There is an implied recognition that Internet and computer use is a FOURTH GENERATION OF
HUMAN RIGHTS or those rights reserved for future generations.
According to a lot of authors, internet use is a world in itself. Thinkes in this modern era proposes
that internet use should not be subject of restrictions.
That is however impossible because there is a compelling state interest to regulate Internet use. This
is precisely the purpose of the law.
One provision of this law is the AUTHORITY OF DOJ to block pornographic sites, sites with
seditious or treasonous intentions, sites used to encourage criminal activities etc. and that the DOJ can
do this motu proprio without any judicial authority for that matter.
ISSUE: Is that part of the law valid?
HOLDING:
If the DOJ is allowed to that in the absence of a judicial authority, t violates DE PROCESS,
FREEDIM OF EXPRESSION and SEARCH WITHOUT A VALID WARRANT. The only way
therefore for the DOJ to block a site or social media site because there is a compelling state interest is
to apply for a SEARCH WARRANT.
That part of the law giving outright authority to the DOJ to block an internet site is held to be
UNCONSTITUTIONAL.

2. CELL PHONE
CASE: Legality of Searching Contents of a Mobile Phone Confiscated from an
accused
PEOPLE v. ENOJAS; MARCH 10 2014 -
FACTS:
A policeman was killed. There were 4 suspects and one of them was arrested without a warrant. The
arrested suspects cell phone was subsequently confiscated. The cell phone established a link
between the arrested suspect and the three other suspect. The arresting officers disguised themselves
as the accused arrested and communicated with the three other suspects. Using the cell phone, they
were able to get incriminatory admissions from the three other suspects using text messages.
Eventually, the three suspects agreed to meet the arrested suspect to discuss their escape plans. They
were the arrested through an entrapment operation. On the basis of that operation, all were
convicted.
They challenged the constitutionality of the confiscation of the cell phone and examination of the
contents as well as the use of text messages as incriminatory pieces of evidence.
ISSUE:
Admissibility of the text messages as evidence.
HOLDING:
It can be admitted as evidence.
The Policemen in this case were able to duly authenticate the text messages. Thus the admissibility
of the text messages was accepted by the Supreme Court. This is sufficient to affirm the conviction
of the four accused in this case.
The Supreme Court in fact limited the discussion to the admissibility of the text messages.
The Supreme Court used the rules on electronic evidence because text messages as well as emails
are considered as EPHEMERAL COMMUNICATIONS.
TEXT MESSAGES, E-MAILS, CHATS, PRIVATE MESSAGES, under the rules on electronic
evidence, these are considered as ephemeral communications. They are neither object, testimonial r
documentary evidence.
o Before these can be presented as evidence in court, it should be authenticated first.
However, this decision of the Supreme Court is subject to criticism for its failure to discuss the
legality of the confiscation of the cell phone itself without a warrant. It failed to discuss the source
of the text messages itself which is the cell phone.
Atty. B: If this has been fully discussed by the Supreme Court, the ephemeral communications
shall be considered as fruits of the poisonous tree. It will violate the exclusionary rule. The cell
phone cannot be considered as instrument or proceeds of the crime unless it was the very thing that
was used in the crime.
In the BAR: Do no argue PP v. Enojas because the admissibility of the cell phone itself must first
be determined.
JUSTIFICATION AS TO CELL PHONE:
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o In RA 10175, before the contents of the cell phone can be examined, a search warrant
must first be secured for the seizure of the cell phone as well as examination of the
contents thereof.
o The Constitution is patterned with that of the US and a recent ruling of the US
Supreme Court pronounced that a search warrant must first be secured in order for a
cell phone to be seized and its contents to be examine to become admissible as
evidence in court. (Riley v. California, June 25, 2014)
US CASE: (persuasive effect)
RILEY V CALIFORNIA; JUNE 25 2014
The Supreme Court held that there is a need for a warrant. ( Sir cited this case stating that there is a
persuasive effect on Philippine jurisprudence)
NOTE: by using our own law, the Cybercrime Prevention Act of 2012, it is very clear that a cell
phone can only be examined if there is a warrant.
3. GLOBAL POSITIONING SYSTEM (GPS)
Q: Can the government install a GPS in your vehicle without your consent for purposes of
monitoring your activities? If it is your wife or husband, there is no violation of the Constitution
because it is committed by a private person. What if it is the government which will install the GPS
to monitor or track your movement? Is that Constitutional?
A: CONSTITUTIONALITY OF GPS/ TRCAKING DEVICES/WIFI CAMERAS
There is yet no Philippine jurisprudence.
US CASE
USA v. JONES, 2013
The installation of GPS, tracking devices, other technologies such as wifi cameras, without the consent
of a private person, a citizen for that matter, is tantamount to search without a warrant, and therefore
UNCONSTITUTIONAL.
A warrant is required because this is an undue intrusion of privacy.
BASIS UNDER PHILIPPINE LAWS
LAWFUL SURVEILANCE
A GPS is valid under this lawful surveillance if there is a warrant.
This can be found under the Human Security Act of 2007.
Surveillance, wiretapping activities, and probably it will include GPS technology, a warrant is
required as provided for by law over crimes covered by the human Security Act.
To conduct said activities motu proprio is strictly prohibited by law. Permission of the law through
a warrant must first be secured.
FAIL SAFE ANSWER INVOLVING TECHNOLOGIES
Demand a SEARCH WARRANT.
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4. THERMAL IMAGING SYSTEM
What if this was used for purposes of surveillance?
Yung mga pulis pinaghihinalaan kang nag memaintain ng white slave trade or prostitution
den. Pagtutok nung TIS eh talagang pulang pula. Walang duda, parang nasusunog sa loob.
Confirmed!
Is this CONSTITUTIONAL?
In Marawi, thermal imaging was used that caused the death of Hapilon
In so far as sophisticated technology which is generally NIT available to the public for
purposes of arrest and search is UNCONSTITUTIONAL. It is an abuse of governmental
power.
If example a drone was used, the same is nit unconstitutional being available to the public at
large,
KYLLO v. US
A thermal imaging was used by the narcotics agents in drug case. In using a thermal imaging
system directed to a building, they were able to confirm that the suspects were stacking bricks
and bricks of marijuana coming Mexico. No eyewitness were presented to verify the same.
The only evidence therefore was only technology.
ISSUE: Admissibility of the thermal imaging system.
HOLDING:
If the State will use a technology not readily available top the public, without the consent of
the person being investigated or charged with the crime, such method will be
UNCONSTITUTIONAL for it violate PRINCIPLES ON WARRANTLESS SEARCHES.
The US Supreme Court saw it as an abuse of government power.
If however this is readily available to the public, then you are playing at the same field now.
5. DRUG TEST, ALCOHOL TEST, BLOOD TEST
Can you be forced to give specimen without a warrant? Is this valid without a warrant?
The state can get samples from your body for purposes of drug or alcohol level in you body
without violating the Constitution because these are considered as MERE MECHANICAL
ACTS.
Atty B. I agree on blood and other body samples but semen? Is that a mere mechanical act?
Lumalabas nga bayun ng kusa without any mental stimulation? I thinks its a mental act ano?
How will you get a sample in the first place? Itatali mo yung accused, hahanap kaba nang
magandang nurse. Ganun ba yun? I do not think so. Hindi basta basta lumalabas yun. Maniwala
kayo.
OLD JURISPRUDENCE: it will not affect your right against self incrimination because these
constitutes mere mechanical act.
o Testimonial compulsion is what is covered by the right against self-incrimination
MODERN THINKING: RECENT STUIDIES show that there should be a COMPELLING
STATE INTEREST for the State to be justified in getting blood samples from a person without
a search warrant.
PHILIPPINE LAW:
ANTI DRUNK AND DRUGGED DRIVING ACT.
Justifies a compelling state interest.
You figured into a collision, the policeman will be using the breathalyzer Test as provided under
the law without a warrant. Are the police justified?
A: There is a compelling state interest. Before that law, a drunk driver is liable to Reckless
Imprudence resulting to Physical Injuries, homicide, damage to property as the case maybe. The
maximum penalty is 2 years and probationable. This is prior to the passing of the law.
Now, the penalty has been increased.
BLOOD TEST FOR PURPOSES OF ESTABLISHING DNA EVIDENCE
RULES ON DNA EVIDENCE
COMPELLING STATE INTEREST it is the most reliable scientific evidence available in any
investigation for that matter. It is used in solving crimes and in civil cases for paternity.
Admissibility and reliability of DNA evidence.
Mandatory Blood Testing is mant0datory under RA 9165:
Schools,
Place of work
Barangays and other Local Government Units (mere creature of law)
Other institutions
Even without a warrant,
DRUG TESTING WITHOUT A WARRANT
COMPELLING STATE INTEREST Section 36, RA 9165, mandatory drug testing will not
apply to legislators

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CASE: c. Social Media Communications subject to certain qualifications.(St Therese College of Cebu
SOCIAL JUSTICE SOCIETY v. DANGEROUS DRUGS BOARD NOVEMBER 3, 2008 v Guevares, Sep 29, 2014)
d. All kinds of communications of whatever form or type (not limited to letters, phone calls
The Supreme Court Held UNFAIRLY(Atty B.) that mandatory drug testing will not apply to
etc)
political candidates specifically congressmen and senators.

CLASSIFICATIONS/ KINDS OF PRIVACY RECOGNIZED BY THE 1987 CONSTITUTION

In this provision, when one files a certificate of candidacy, the COMELEC can only accept the
1. PERSONAL PRIVACY has something to do with PERSONAL SPACE/PERSONAL ZONE.
Certificate of Candidacy upon presentation of a certification showing that the person is negative
o Your body/personhood is an important zone of privacy,
from any known dangerous drugs.
We feel like there is an invisible barrier around our bodies or personal comfort zones.
AQUILINO PIMENTEL argued that if the subject provision of the law shall be imposed
mandatorily, it is as if the Constitution is being amended in so far as qualifications of legislators. EXAMPLES
An ordinary legislation cannot amend the Constitution. 1. If you go to a fast food chain, you want to be let alone, eat and enjoy your
The mandatory drug testings validity has been sustained only in so far as privates employment chicken joy. A little while later, someone asks permission to share a sit with you.
or schools. (nakikitanatinyansa restaurant, share a sit, win a friend. Bullshit!)
Usually, your reaction is you will say you have a companion. We feel
Additional qualifications not prescribed by the Constitution cannot be imposed for one running as awkward that a stranger will share the same dining table.
a legislator. Kahitmaganda o gwapodiba? Masmaiilangkasimaiisipmoyungmga
insecurities mo. Kalevelkoba to? Bakamapahiyalangako if I will engage in a
convesation with this handsome or beautiful person, right?
2. CLASSIC EXAMPLE: go to the urinal. You are doing your thing/business,
RIGHT TO PRIVACY pagtinginmosakabilanakatinginsayonakangiti. Oh common gentlemen. What will
SECTION 3. The privacy of communication and correspondence shall be inviolable except you feel? Imagine you are doing your thing tapos may nakatinginsayonakatitig?
upon order of the court, or when public safety or order requires otherwise as prescribed by Kaya I want to remind law students when they go to the urinal about this
law.
personal privacy. Nag uusapsilahabangumiihi. Thats something sacred!You
Any evidence obtained in violation of this or the preceding section shall be
inadmissible for any purpose in any proceeding. feel violated. Pakiramdamkoangdumidumiko... Atty. B.
It is simply the RIGHT TO BE LET ALONE 3. Sa ating mga may asawa, may mga araw na gusto nating isumpa yung
MOTHER OF ALL RIGHTS in a especially in a democratic country pagmumukha ng mga partner natin no. I need space. It only means Respect my
This right prevents undue interference of certain zones of privacy as protected by the privacy because at the moment I want to punch your face.
Constitution committed by the State as well as Private individuals. Note Zulueta v Court of
Appeals stating that a person does not surrender his/her rights to privacy by reason of marriage. 2. PSYCHOLOGICAL PRIVACY
If however I will say that to my wife, my wife will say Bullshit! What is your is mine Traditionally, it was just limited to the physician. There is confidence that whatever
bebe Atty B. divulged to the pg0hysician is kept secret. Now it was expanded to include all
privilege communications.
TYPE OF COMMUNICATIONS Free disclosure to certain persons with certain relationships knowing there is security
- This right will not cover spoken words. of that information with the other person,
COVERS: The belief that the information you conveyed to a specific person will be protected and
a. Written communications respected.
b. Electronic communications
Go back to your rules on privilege communications.
1. MARITAL PRIVILEGE RULE
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Anything discussed between spouses are privileged CASE: INFORMATIONAL PRIVACY

Q: why do you freely converse sensitive matters to your husband, wife or
partners?
A: Because of the belief that your spouse or partner will protect every words or
information shared.
Under the rules, any information shared by the spouses is considered as
CONFIDENTIAL.
2. ATTORNEY-CLIENT PRIVILEGE COMMUNICATION RULE
IF you are a client of a lawyer, you know that your secrets are guarded
by that lawyer.
Your privacy is just the same respected by a lawyer.
A lawyer cannot disclose any information concerning the client without
the consent of the client.
3. DOCTOR-PATIENT PRIVILEGE COMMUNICATION RULE
Same rule will apply
4. CONFESSANT/PENITENT PRIEST PRIVILEGE COMMUNICATION RULE
Same rule will apply.
All of this leads to psychological privacy. The knowledge or shared information will be
protected by these specific person because you know you will be guarded. These kinds of
communication are INADMISSIBLE as evidence.
3. INFORMATIONAL PRIVACY
Degree of control exercised in so far as important information about ourselves.
Sometimes called as DATA PRIVACY
St Therese College of Cebu v. Guevares
Habeas Data will apply to everybody.
Writ of Amparo designed for the gravest kinds of human rights violation
such as extra judicial killing and enforced disappearances
Personal details in our lives that we do not want to disclose to the general privacy
AND remains to be confidential although at times we are forced to disclose it on legal
documents. Just the same, the person receiving such personal information has no
authority to disclose it to the public.
ST. THERESE COLLEGE OF CEBU v. GUEVARES, SEPTEMBER 29, 2014
FACTS:
There were these graduating ladies high school students. Before graduation they
had a beach party. In that party, they drunk alcohol. They had bonfire while wearing
swimsuits or bikinis. In the course of the party, they took pictures of one another clad
on these skimpy clothes. Because of social media (facebook), these pictures were shared
by friends who are not even part of the party. The headmaster of the Catholic school to
which these students are enrolled prohibited them from graduating for their violation of
the schools vision-mission in morality and propriety.Initially, these students parents
applied for a petition for a writ of a habeas data to prevent the school form further
uploading and sharing the pictures and particularly from using these pictures as
evidence in an administrative case.
The School argued that a writ of habeas data like a writ of Amparowill only
apply to cases of enforced disappearances and extra-judicial killings. On the other hand,
the students argued thatwhen they posted the photos, they considered the settings of
facebook Friends Only.
HOLDING:
A writ of habeas data will protect you from unauthorized collection of data
particularly informational data about you. The Supreme Court held that a writ of Habeas
Data can also be invoked by a private person. Thus the school is wrong in its argument
as to the application of the writ. However, the informational privacy of the students
cannot be protected by the writ of habeas data considering that when one posts on
facebook, the purpose of which is to share information. Therefore, there is no
reasonable expectation of privacy when using social media can be had.
The Supreme Court held that the students argument is not valid because you
cannot control your so-called friends from reposting the original post on facebook.

BOTTOMLINE: There is no reasonable expectation of privacy in using social media

EXAMPLES
tools.
a. School records
b. Medical history NOTE: Your rules on habeas data is not a law legislated by Congress but a law as a
product of the Rule Making Power of the Supreme Court.

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4. DECISIONAL PRIVACY In other words, this rule is not limited to right to privacy only.
Major decisions in life like our choice of profession, career, partner, love, religion, hobbies FREEDOM OF SPEECH AND OF
and anything we decide to do in life. EXPRESSION
Events in life SECTION 4: No law shall be passed abridging the freedom of speech, of expression,
EXAMPLES: or the press, or the right of the people peaceably to assemble and petition the
a. If you want to have a sex change government for the redress of grievances.
b. Education
c. Marriage Hallmark of a Democratic Country or Republican State.
d. Religion
Connect it to RIGHT TO FORM ASSOCIATION AND SOCIETIES UNDER SECTION 8. (Phil
NOTE: For purposes of the bar, concentrate on decisional and informational privacy. These Blooming Mills v PBM Ees Assn)
kinds of privacies were discussed in the case of St Therese College of Cebu, September 29,
2014. FACIALCHALLENGE:
COMPELLING STATE INTEREST: OVERBREADTH DOCTRINE:
APPLICATION: The law should not be broader than is necessary to accomplish its rules.
This doctrine is used in a law regulating freedom of expression OR speech because as explained in
WIRETAPPING LAW this is still a good law. One cannot over hear another the case of Philippine Blooming Mills v. Philippine Blooming Mills Employees Organization in so
personsconversationwithout their consent. A court order for that matter must first be secured. far as Constitutional Rights, freedom of speech, of expression, and to peaceful assembly is at the
TOP OF HIERARCHY OF RIGHTS. In a democratic country, there should really be less regulations
EXCEPTION TO RIGHT TO PRIVACY: concerning freedom of speech and expression.
1. Upon lawful order of the court or o We call it OVERBREADTH kung yung batas ay nasosobrahan.
2. When public safety or order requires otherwise as prescribed by law
Meaning: if there is a certain public interest to disclose private communications, PROTECTED SPEECHES:
public interest will prevail. Every form of human expression, whether oral, written, through electronic or a device.

The government is justified in withholding information from the public TWO PROHIBITED ACTS:
COMPLELLING STATE INTEREST: Public Interest 1. PRIOR RESTRAINT
Sometimes there is a need to disclose private communication to protect public interest. Official governmental restrictions on all forms of expressions in advance of actual publication
Sometimes, the State will not disclose information or communication to protect public or dissemination.
interest. Governmental restrictions on the press or other forms of expressions in advance of actual
publication or dissemination.
EXCLUSIONARY RULE o Meaning: before you can even express the communication or say it, there is a law or
Any evidence obtained in violation of this or the preceding section shall be regulation prohibiting you from expressing yourself.
o CLASSIC EXAMPLE:
inadmissible for any purpose in any proceeding.
CENSORSHIP
Evidence illegally obtained is not admissible as evidence because it is the fruits of the
Such as a movie censorship.
poisonous tree.
MTRCB: can classify but it cannot censor because to do so violates the Constitution.
Not applicable only to violation of the right to privacy but covers all violation of
MTRCB has authority to censor Unprotected speeches such as obscenity and libel.
Constitutional Rights, any sections of the bill of rights for that matter, it can always be
invoked.
Particularly, this is applicable for illegal searches and seizure.
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Classifying is a manner of regulation. Censorship is not because the government can
only regulate and not prohibit lawful trade or business. In which case, it includes
movie censorship.
o Ngayon there is thatpaunangbanat in every show
patnubayanponatingangmgamatatanda, bakahindiponilamaintindihandahil may
contekstongsekswal, droga, bayolensya- Atty. B
2. SUBSEQUENT PUNISHMENT
JUDICIAL RESTRAINT
It is also a prior restraint.
There is a case on this.
o Under the People Power Revolution. MeronAmerican Film Outfit
that came to the Philippines 3 years after the Edsa Revolution with
the purpose of making a movie out of it. They did produce the
movie. When it was already scheduled for showing, Juan Ponce
Enrile objected.
o The Supreme Court held that issuing a restraining order to prohibit
the showing of the movie will violate the Constitution because it
shall constitute prior restraint.
In Relation to Religious freedom:
American Bible Society
The Local Government Imposed license fee before this religious sect can sell bibles
and other religious publication.
Imposing taxes before a sect can sell bibles or as a pre-requisite for them to distribute
the Bibles even if described as selling, it is considered as prior restraint.
EXCEPTION:
a) In times of war and national emergencies the State can restrict the outflow of
information.
Example: In the Marawi Situation, there are certain information that even the media is
not allowed to know and make known to protect the public in order to protect military
strategies.
b) Libel and Obscenity or Obscene Publications
OBSCENE when an expression becomes obscene, it can be prohibited
TEST FOR OBSCENITY:
A. If it appeals to the prurient interestof an average person.
PRURIENT INTEREST call of the flesh/ Tawag ng laman
B. If the work or Whether the expression or the word describes a sexual conduct
in a patently offensive way as defined by law
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Sexual acts of minors should never be portrayed or
commercialized.
C. Whether the work/ act or expression taken as a whole lacks serious literary,
artistic, political or scientific value.
Prior restraint will not apply in these cases.
There is a corresponding punishment in the exercise of your rightwhich is prohibited
except in libel, defamation, inciting to sedition, there are corresponding sanctions.
TEST TO DETERMINE WHETHER A LAW VIOLATES
PROHIBITION ON SUBSEQUENT PUNISHMENT:
1) DANGEROUS TENDENCY TEST
There should be a rational connection between the speech and the evil being
apprehended.
2) CLEAR AND PRESENT DANGER TEST
The words, when used under such circumstances are of such nature as to
create a clear and present danger that they will bring about the substantive
evils that the State has the right to prevent.
3) BALANCING OF INTEREST TEST
The courts should balance the public interest served by public legislation on
one hand and the freedom of speech on the other.
DISINI v SECRETARY OF JUSTICE(exam and mockbar including Imbong v Ochoa (RHlaw)
The three test was discussed and applied in this case.
TWO PARTICULAR ACTS THAT MUST BE CONSIDERED
UNDER THE CYBERCIME PREVENTION LAW:
a. CYBER SEX
One of the arguments in relation to Cyber sex is that not all acts of cybersex can be considered as
wrong. Petitioners cited as an example married couples where one of the spouse is working
overseas and the other is here in the Philippines. The only way for them to connect, commune or
be one or feel that they are loved is through what they call as internet sex.
According to the Supreme Court, the petitioners are correct. Cybersex cannot be really defined to
over all sexual acts in the internet and indeed some acts could be considered as valid. Using the
DANGEROUS TENDENCY RULE/CLEAR AND PRESENT DANGER RULE the Supreme
Court emphasized that child exploitation, trafficking, abuse, particularly sexual exploitation
through the internet are the particular acts being penalized under the law. This is very specific in
the law.

There is a compelling state interest to criminalize acts of trafficking and exploitation of minors.
b. CYBER LIBEL
According to the Supreme Court, there is no doubt that libel can be committed using the
internet. In fact it is very prevalent now to destroy the reputation of someone using the internet
under the disguise of a pseudonym or alias.
In the opening statement of the Supreme Court in the case, it stated that Internet use
really is a BOON to the present generation but evil person can also exploit it
HECKLERS VETO
The state will prohibit the publication of a speech or expression because of the possibility of
being ridiculed or heckled.
The government or State will control a particular form out of fear that it will be heckled.
HECKLED ridiculed or public embarrassment.
TROLLING modern version of Heclers Veto.
US CASE
In a case where Bill Clinton and Monica Lovinski had oral sex in the white house, this was one
of the arguments of Bill Clinton. He claimed that as the head of state of the USA, if the details
of the affair will be exposed, the USA will be a laughing stock. The Congressmen however
claimed that it is how own fault and so let the truth come out in said proceeding. He cannot hide
under the cloak of executive privilege. He even lied claiming in all interview that he has never
had sex with that woman(in the concept that we know sex since what happen was oral sex) .
SPEECHES OR EXPRESSIONS NOT COVERED BY THE SECOND
PROHIBITION (SUBSEQUENT PUNISHMENT)
1. Crime of Libel (not covered)
It is the malicious imputation of a vice, defect or a wrong and published.
It is outside the coverage of subsequent punishment.
2. Obscenity
Elements/ test for obscenity.
Section 4 actually protects the core speeches or expressions
CORE SPEECH -If a speech communicates a political, social or religious idea
IMPLICATION: it is entitled to Constitutional protection.
COMMERCIAL SPEECH - One made or the primary purpose is to pursue commercial
transactions. It does not enjoy this constitutional protection. (not necessarily used in the
commercials over the televisions)
It can only enjoy Constitutional Protection provided the following requisites are present:
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REVIEW QUIZ FINALS 26
1. It must not be false or misleading
2. It should not propose an illegal transaction
BAR QUESTION:
In a bar question, an alleged liquor company introduced a commercial or advertisement to be
aired in the television. The commercial is about promoting a brand of alcoholic drink nakatikimkanaba
ng kinseanyos? may double meaning ano? Angpinupuntonung liquor company is yungpagbrew or
ferment ng alak for 15 years. Pero may double meaning yan. It is as if you are asking whether you
already had an experience with a minor sexually. That was the commercial.
Question: is there a way to curtail that kind of commercial because it is promoting child or minor sex.
ANSWER: you can argue that this is a mere commercial speech and not ordinarily subject to the bundle
of Constitutional Protection under Section 4 of Article III.
CASE: Compelling state interest: promote breast milk
Pharmaceutical case
Every after a commercial in a breastmilk substitute, there is this statement that breastmilk substitute
is good for babies up to 2 years old
The companies producing breastmilk substitute claims that it creates bias on their product.
The Supreme Court stated that there are studies presented by the Department of Health saying that
indeed a mothers milk is best for babies and cited an international regulation that we will prefer
breastmilk over formula milk. Besides, the advertisements are considered commercial speeches not
ordinarily protected by the mantle of Constitutional protection.
In order for a commercial speech to enjoy constitutional protection, it must not propose an illegal
transaction
LEGISLATIVE INQUIRY
In the 1990s, Eraserheads had a song entitled ALAPAAP on effect of marijuana. This became a
national issue because Senator Sotto wanted it to be banned. There was even a senate hearing regarding
the matter. Senator Sotto is an advocate against illegal drugs. During this times, the only way for a
person to listen to music for free is through a cassette tape or FMRadio. Senator Sotto argued that it is a
commercial speech and should not propose illegal transactions. Embers of the Eraserheads said that the
song is about love. When you love, you feel like you are in alapaap. It is thus subject to many
interpretation. It did not reach the Supreme Court.
 CONSTITUTIONAL LAW
REVIEW QUIZ FINALS 27

RULES OR REMINDERS ON PUBLIC RALLIES NON-ESTABLISHMENT CLAUSE

In a Rally in a public place, the state is justified to impose permit under its police power for purposes of
regulation
PUBLIC PLACE:
1) Secure first a permit
PRIVATE PLACE:
1) For as long as you are not disturbing the PUBLIC PEACE, NO PERMIT is required.
DUE PROCESS
- In case an application for permit to conduct rally in a public place has been denied, it is always subject to
the CLEAR AND PRESENT DANGER TEST
- Is there a danger being avoided by the government by denying the permit to a public rally.
- The State should be justified in order to properly deny the application of a permit.
- When the state denies the application of the permit to rally the applicants should be heard to
justify the purpose of conducting the rally? They should be entitled to due process.
RIGHT TO ASSOCIATION
PRIVATE SECTORS
1. Has the right to organize as long as the purpose is not contrary to law, that Constitutional
Right shall be honoured.
GOVERNMENT EMPLOYEES
1. Employees of the public sector can also dorm associations; they have right to strike or
rally unless there is a statutory ban. A law can restrict the right of government employees
to hold rallies and strike for the interest of the service. The law is always subject to
COMPELLING INTEREST TEST
2. Cannot however, they cannot stage a public rally for violation of the Civil Service Law and
Interrupts Government Services.
In a case, the Supreme Court said that it is not a way of depriving the employees of their
right to free speech and expression but it is to ensure that operations of the government
is not paralyzed.
RIGHT TO RELIGION
SECTION 5. 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.
Congress cannot pass a law establishing a so-called State Religion.
There is a wall separating the State and the Church.
The state should always exercise the so-called BENEVOLENT NEUTRALITY.
BENEVOLENT NEUTRALITY the state cannot use religious teachings or dogmas to justify
a governmental policy.
ANG LADLAD LGBT COMMUNITY v COMELEC
Facts:
Petitioner is a national organization which represents the lesbians, gays, bisexuals, and trans-genders. It
filed a petition for accreditation as a party-list organization to public respondent. However, due to moral
grounds, the latter denied the said petition. To buttress their denial, COMELEC cited certain biblical and
quranic passages in their decision. It also stated that since their ways are immoral and contrary to public
policy, they are considered nuissance. In fact, their acts are even punishable under the Revised Penal
Code in its Article 201.
A motion for reconsideration being denied, Petitioner filed this instant Petition on Certiorari under Rule
65 of the ROC.
Ang Ladlad argued that the denial of accreditation, insofar as it justified the exclusion by using religious
dogma, violated the constitutional guarantees against the establishment of religion. Petitioner also
claimed that the Assailed Resolutions contravened its constitutional rights to privacy, freedom of speech
and assembly, and equal protection of laws, as well as constituted violations of the Philippines
international obligations against discrimination based on sexual orientation.
In its Comment, the COMELEC reiterated that petitioner does not have a concrete and genuine national
political agenda to benefit the nation and that the petition was validly dismissed on moral grounds. It
also argued for the first time that the LGBT sector is not among the sectors enumerated by the
Constitution and RA 7941, and that petitioner made untruthful statements in its petition when it alleged
its national existence contrary to actual verification reports by COMELECs field personnel.
Issue:
WON Respondent violated the Non-establishment clause of the Constitution;
HOLDING:
Governmental reliance on religious justification is inconsistent with this policy of neutrality. We thus
find that it was grave violation of the non-establishment clause for the COMELEC to utilize the Bible
and the Koran to justify the exclusion of Ang Ladlad. Be it noted that government action must have a
secular purpose.
We hold that moral disapproval, without more, is not a sufficient governmental interest to justify
exclusion of homosexuals from participation in the party-list system. The denial of Ang Ladlads
registration on purely moral grounds amounts more to a statement of dislike and disapproval of
homosexuals, rather than a tool to further any substantial public interest.

Dawn&YhuanKhan

Xxx Recognizing the religious nature of the Filipinos and the elevating influence of religion in society,
however, the Philippine constitution's religion clauses prescribe not a strict but a benevolent neutrality.
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 interests. xxX
In Estrada v. Escritor, the Court adopted a policy of benevolent neutrality:
With religion looked upon with benevolence and not hostility, benevolent neutrality allows
accommodation of religion under certain circumstances. Accommodations are government
policies that take religion specifically into account not to promote the government's favored
form of religion, but to allow individuals and groups to exercise their religion without
hindrance. Their purpose or effect therefore is to remove a burden on, or facilitate the exercise
of, a person's or institution's religion. As Justice Brennan explained, the "government [may] take
religion into account ... to exempt, when possible, from generally applicable governmental
regulation individuals whose religious beliefs and practices would otherwise thereby be
infringed, or to create without state involvement an atmosphere in which voluntary religious
exercise may flourish."
A matter of accommodation (lalabas to gusto Makita ni sir to sa sagot)
A.M. No. 10-4-19-SC March 7, 2017
RE: LETTER OF TONY Q. V ALENCIANO, HOLDING OF RELIGIOUS RITUALS AT THE HALL
OF JUSTICE BUILDING IN QUEZON CITY
Basically, the gist of the facts is that Tony Valenciano wrote a letter to Justice Puno that the basement
of the Hall of Justice of Quezon City (QC) had been converted into a Roman Catholic Chapel, complete
with offertory table, images of Catholic religious icons, a canopy, an electric organ, and a projector. He
believed that such practice violated the constitutional provision on the separation of Church and State
and the constitutional prohibition against the appropriation of public money or property for the benefit of
a sect, church, denomination, or any other system of religion. Valenciano further averred that the holding
of masses at the basement of the QC Hall of Justice showed that it tended to favor Catholic litigants etc.
1. The Holding of Religious Rituals in the Halls of Justice does not Amount to a
Union of Church and State.
2. No Compelling State Interest
Religious freedom, however, is not absolute. It cannot have its way if there is a compelling state
interest. To successfully invoke compelling state interest, it must be demonstrated that the masses in
the QC Hall of Justice unduly disrupt the delivery of public services or affect the judges and
employees in the performance of their official functions
3. Accommodation, Not Establishment of Religion
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In order to give life to the constitutional right of freedom of religion, the State adopts a policy of
accommodation. Accommodation is a recognition of the reality that some governmental measures
may not be imposed on a certain portion of the population for the reason that these measures are
contrary to their religious beliefs.
4. Non-Establishment Clause (Its minimal sense is that the state cannot establish or
sponsor an official religion.)
The government does not pay.
In Baguio, whoever sponsors the mass pays utilities.
FREEDOM OF WORSHIP/EXERCISE
The court has no power to issue any restraining order from stopping you from practicing your
religious rights as long as your rights will not offend public safety and security.
Ordinarily, the freedom to believe is not subject to any governmental regulation with the
following qualification that It should not offend public safety and security, morals or customs.
Subject to COMPELLING STATE INTEREST: public safety and security, morals or customs.
BAR QUESTION:
Can the practice of Cordilleran of eating dog meat be stop by the Anti-cruelty to animal? Will it
offend this constitutional right?
ANSWER:
Provided that it is really for a genuine religious practice or traditional practice.
The law recognizes exception such as:
a) Religious Purposes
b) Traditional Purposes
TESTS TO DETERMINE WHETHER A LAW VIOLATES THE RIGHT TO RELIGION
1) CLEAR AND PRESENT DANGER TEST
2) COMPELLING STATE INTEREST (ESTRADA V ESCRITOR)
CASE:
ESTRADA V ESCRITOR
Involves two couples who fell in love however, they are both separated in fact with their
respective spouses. Both of them are members of the Jehovas Witnesses. Under this
religion, affidavit of pledging Allegiance without marriage saying that they will love one
another, faithfully support one another and will remain loyal to one another is sufficient.
The woman was charged with immorality for cohabiting a man other than his legal
husband. She then used her religion as a defense.
In this case, it involves purely conduct arising from religious belief. The compelling state
interest test is proper where conduct is involved for the whole gamut of human conduct has
different effects on the states interests: some effects may be immediate and short-term
 CONSTITUTIONAL LAW
REVIEW QUIZ FINALS 29

while others delayed and far-reaching.

only a compelling interest of the state can prevail over the fundamental right to religious
liberty. The test requires the state to carry a heavy burden, a compelling one, for to do
otherwise would allow the state to batter religion, especially the less powerful ones until
they are destroyed. In determining which shall prevail between the states interest and
religious liberty, reasonableness shall be the guide. The compelling state interest serves the
purpose of revering religious liberty while at the same time affording protection to the
paramount interests of the state. This was the test used in Sherbert which involved conduct,
i.e. refusal to work on Saturdays. In the end, the compelling state interest test, by upholding
the paramount interests of the state, seeks to protect the very state, without which, religious
liberty will not be preserved.
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 interests.

In sum, the Supreme Court held that there is NO COMPELLING STATE INTEREST to
protect in preventing two people from loving each other.

3) CONSCIENTIOUS OBJECTOR TEST (IMBONG V OCHOA)

In the case of Imbong v. Ochoa, for the first time, the Supreme Court discussed the concept of
Conscientious Objector.
One is excused from following a particular governmental policy because your
religion would not allow such practice.
In the RH Law, there is a provision stating that if A persons religion prohibits
himher from introducing artificial contraceptives, the person must refer the patient
to another doctor that will cater to his/her needs.
it should be emphasized that conscientious objectors are exempt from this provision
as long as their religious beliefs and convictions do not allow them to render
reproductive health service, pro bona or otherwise
The court held it to be CONSTITUTIONAL.
What is prohibited directly cannot be done indirectly.

Dawn&YhuanKhan