SECTION 1 - No reason why court should not apply rule that client is bound by the acts BANCO ESPANOL-FIL VS PALANCA of his counsel including his mistakes - The jurisdiction is limited to mortgaged property based upon fact that the property GMA NETWORK V. COMELEC is located within district, by virtue of law, court vested with power to subject - Commercial undertaking: owners may have right to assert constitutional property to obligation created by mortgaged right of clients: Consti right of clients to freedom of information Jurisdiction over Person Jurisdiction over Property - Freedom of Speech, of free expression and of press: Core of Civil Voluntary appearance + Submission to Litigation which results to seizure of authority property under legal process: It is liberties: state have right to protect brought to custody of law GOVT OF HK V. OLALIA JR - Requirement of due process satisfied - Modern trend in public international law: Primacy placed on worth of 1. Court/Tribunal with judicial power to hear & determine individual person & sanctity of human rights 2. Jurisdiction - UDHR; ICCPR: fundamental rights to life liberty and property : courts 3. Defendant: opportunity to be heard may grant right to bail 4. Judgment in lawful hearing In a foreclosure sale: Notification to a non-residen is essential - Extradition is the right of foreign power created b treties where there is (Publication + Service of Mail) demand to surrender a convicted wihin its territory & the correlative duty It is the duty of non-resident to take measure to be represented. If of surrendering him to the demanding state. he fails it is his misfortune and must abide by its consequences - There is a (1)deprivation of liberty of the potential extradite (2) Means ANG TIBAY VS. CIR employed to attain purpose(Criminal law) : Immediate arrest and - CIR (not narrowly constrained by technical rules of procedure: required to acct temporary detention according to justice and equity - Pacta Sunt Servanda – extradite should not be deprived of right of LLP - CIR free from rigidity to certain procedural requirements does not mean that it can - Proof of standard (1) Not a flight risk (2) Able to abide with all orders entirely ignore fundamental and essential requirements of due process - Movant must be given an opportunity to present at hearing documents in his and process of extradition court motion. RCBC V. BDO UNIBANK CARDINAL AND PRIMARY RIGHTS - Special alternative dispute resolution Only for serious & compelling 1. right to hearing and submission of 5.Rendered on evidene presented in reasons resulting to grave prejudice to aggrieved party evidence hearing/in records - Evident Partiality : existence of sigs and indications that must lead to an 2. Trial must consider evidence 6.Act: Indendent consideration of laws presented and facts identification/inference of partiality 3. Decide rights w/ support to decision 7.Render decision in manner parties - Disclosure : any dealings that might create impression of bias and avoid 4.Substantial evidence : reasonable know various issues and reasons for appearance of bias mind—accept as adequate decision - RULE 114: (1) Corruption (2) Evident partiality/Corruption (3) Evaded - powers SHU V. DEE ADMU V. CAPULONG - Sufficient compliance with due process when party is given the chance to - Minimum standards in disciplinary action be heard in a motion for reconsideration 1. Students informed in writing (Nature and cause of accusation) - NBI I merely an investigative body and without quasi-judicial or judicial 2. Right to answer charges power therefore incapable of providing relief ; findings are merely 3. Informed of evidence against them recommendatory 4. Adduce evidence in own behalf TUPAS DOCTRINE 5. Evidence must be duly considered by investigating committee - Petition for review being indisputably late, petitioner could not thereafter - Administrative proceeding need not be similar to judicial proceedings ask that it be treated as petition filed within a reasonable time - Academic Freedom WHO.WHAT.HOW.WHO CONSTI LAW 2 DOCTRINES:: MIDTERM EXAM REVIEWER Aleezah Gertrude Regado GO V. COLLEGIO DE SAN JUAN as to its application. It is violates due process (1) Failure to accord - Clear intent : DECS Order 20: apply prohibition against fraternity persons fair notice of conduct to avoid (2) Leaves law enforcers membership from elementary & high school (public/private) unbrideled discretion in changing provisions and becomes arbitrary - Letrans Rule prohibiting HS justified : Decs order + Adult oriented flexing the government muscle - (x) Similar to hearing in the courts of justice - To be declared void: it must be utterly vague on its face and cannot be - Essence of due process: Opportunity to be heard clarified by saving clause/construction - Disciplinary proceedings may be summary - Perfectly vague : Obscurity on its face LAO GI V CA - Couched on imprecise language: may be saved by proper construction (x) - Although deportation proceeding does not partake nature of a criminal void action, constitutional right of person to due process shall not be denied ESTRADA V. SANDIGANBAYAN - Rules on criminal procedure in ROC : Applicable to deportation cases - Legislative measure presumed to be in harmony with the Constitution (Issue in this case is the very citizenship) - Plunder law contains ascertainable standards and well defined parameters MACEDA V. ENERGU REGULATORY BOARD which would enable accused to determine the ature of his violation - ERB as an administrative agency is not bound by the strict and technical - Void for vagueness (x) not merely because terms used without defining rules of evidence governing court proceedings the, much less do we have to define every word - Exercising quasi-judicial functions: evidence may be presented after. - Natural, Plain ad Ordinary meaning CORONA V. UNITED HARBOR PILOTS ASSOCIATION PH - Test in determining whether criminal statute is void for uncertainty - Procedural due process : Method and manner by which law is enforced (WON language conveys sufficiently gives definite warning as to - Substantive due process: requires that law be reasonable prescribed conduct measured by common understanding; not absolute in - As long as parties was given opportunity to defend his interest in due precision/exactitude) course, he cannot be said to have been denied due course of law - Overbreadth : in terorrem? - Pilotage : Profession = Property right FEEDER V. CA - License is granted to the harbor pilots in form of appointment which - Seizure and forfeiture proceedings under tariff and customs laws are not allows them to engage in pilotage until they retire at age of 70: vested criminal in nature hence proof beyond reasonable doubt is not required to right justify forfeiture of goods - Administrative order that provides for pre-evaluation & cancellation of - It is purely civil and administrative in character license : deprivation of property without due process of law - Right to be presumed innocent is available only to an individual in a SALAW V. NLRC criminal case and cannot be invoked by corporate entity - Requirement of lawful dismissal : Substantive and Procedural : not only - In a non-criminal proceeding, assistance of lawyers while desirable is not must it be valid & authorized by law indispensible. (Not indispensible to due process unless required by - Rudimentary requirements of due process (Notice and hearing) must also Consti/Law) be observed CBP V. CA - Notice: inform employee: intent to dismiss + reason - Central ban through monetary board is vested with exclusive authority to - Hearing: Opportunity to answer charge + defense assess, evaluate and determine the condition of any bank - Right to counsel: very basic requirement of due process has to be - Prior notice & hearing not required before placement of bank under observed (cannot be waived except in writing) receivership PEOPLE V. NAZARIO : - Close now hear later to prevent unwarranted dissipation of bank’s assets - Vague statute: one that lacks comprehensible standards that men of & valid exercise of police power to protect general public common intelligence must necessarily guess as to its meaning and differ CONSTI LAW 2 DOCTRINES:: MIDTERM EXAM REVIEWER Aleezah Gertrude Regado - Absence of prior notice of hearing as valid exercise of police power of 2. Means reasonably necessary for accomplishment & not unduly state oppressive - Only SH can file an action for annulment of MB resolution - Provisions held not to constitute appropriation of private property interest PEREZ V. MADRONA to public use so as to bring them within principles of exercise by state of - For injunction to issue two requisites must concur right of eminent domain to entitle owners of just compensation being 1. Right to be protected more than just restraint injurious to private use of property 2. Acts against which injunctions to be directed are violative of CHURCHILL VS. RAFFERTY said right - Unsightly advertisements or signs, signboards, or billboards which are - Unless thing is a nuisance per se, it may not be abated summarily without offensive to the sight, are not disassociated from the general welfare of judicial intervention the public. - If petitioner indeed found respondents fence too have encroached:: - This is not establishing a new principle, but carrying a well- recognized remedy is not demolition principle to further application. AMERICAN INTERFASHION CORP V. OFFICE OF THE - Moreover, if the police power may be exercised to encourage a healthy PRESIDENT social and economic condition in the country, and if the comfort and - Private respondents export quota allocation which initially was a convenience of the people are included within those subjects, everything privilege evolved into some form of property right which shouldn’t be which encroaches upon such territory is amenable to the police power. removed arbitrarily and without due process PEOPLE V. FAJARDO - While privileges, it is impressed with property rights especially since 700 - The ordinance is unreasonable and oppressive, in that it operates to workers and P80,000 profit depends upon it permanently deprive appellants of the right to use their own property; BRITISH TOBACCO V. CAMACHO hence, it oversteps the bounds of police power, and amounts to a taking - Rational Basis test of appellants property without just compensation. 1. Legitimate State Interest - While property may be regulated to the interest of the general welfare, 2. Classification is reasonable and the state may eliminate structures offensive to the sight, the state 3. Rests upon ground of difference & fair substantial object of may not permanently divest owners of the beneficial use of their property regulation and practically confiscate them solely to preserve or assure the aesthetic - Valid Reasonable Classification appearance of the community.(PLAZA) 1. Substantial Distinctions - An ordinance which permanently so restricts the use of property that it 2. Germane purpose of law cannot be used for any reasonable purpose goes, it is plain, beyond 3. All things be equal both as to present and future conditions regulation and must be recognized as a taking of the property. 4. Applies equally to same class ERMITA-MALATE HOTEL & MOTEL OPERATORS V. CITY OF MANILA - There is no question but that the challenged ordinance was precisely enacted to minimize certain practices hurtful to public morals, particularly fornication and prostitution. - Moreover, the increase in the licensed fees was intended to discourage US V. TORIBIO "establishments of the kind from operating for purpose other than legal" - To justify state in exercise of sovereign power it must appear that and at the same time, to increase "the income of the city government." 1. Interest of public generally as distinguished from a particular class - To hold otherwise would be to unduly restrict and narrow the scope of police power which has been properly characterized as the most CONSTI LAW 2 DOCTRINES:: MIDTERM EXAM REVIEWER Aleezah Gertrude Regado essential, insistent and the least limitable of powers, extending as it does - The rationale of the requirement that the ordinances should not "to all the great public needs contravene a statute is obvious. - Due process is not a narrow or "technical conception with fixed content - Casino gambling is authorized by P.D. 1869. This decree has the status unrelated to time, place and circumstances," decisions based on such a of a statute that cannot be amended or nullified by a mere ordinance. clause requiring a "close and perceptive inquiry into fundamental Local councils exercise only delegated legislative powers conferred on principles of our society." Questions of due process are not to be treated them by Congress as the national lawmaking body. narrowly or pedantically in slavery to form or phrase. YNOT V. IAC BENIS V. MICHIGAN - The reasonable connection between the means employed and the purpose - Government may not be required to compensate an owner for property sought to be achieved by the questioned measure is missing the Supreme which it has already lawfully acquired in exercise of government Court do not see how the prohibition of the inter-provincial transport of authority carabaos can prevent their indiscriminate slaughter, considering that they - In order to abate an owner’s interest in a vehicle, Michigan does not need can be killed anywhere, with no less difficulty in one province than in to prove that the owner knew or agreed that her vehicle would be used in another. a manner proscribed when she entrusted it to another - The measure struck at once and pounced upon the petitioner without - Proof of knowledge of existence of nuisance on part of defendant/any of giving him a chance to be heard, thus denying due process. them is not required BALACUIT V. CFI - State here sought to deter illegal activity that contributes to neighborhood - There is nothing pernicious in demanding equal price for both children deterioration and unsafe streets and adults. The petitioners are merely conducting their legitimate - Bennis automobile : conceded, facilitated and was used for criminal businesses. The object of every business entrepreneur is to make a profit activity out of his venture. CRUZAN V DIR OF MISSOURI - There is nothing immoral or injurious in charging the same price for both - Surrogate may make choice for incomepetent : proof : Clear and children and adults. In fact, no person is under compulsion to purchase a Convincing evidence provided :wishes are expressed by patient while ticket. It is a totally voluntary act on the part of the purchaser if he buys a competent ticket to such performances. - Choice between life and death is a deeply personal decision - So that an act prohibiting the sale of tickets to theaters or other places of - Missouri may legitimately seek to safeguard personal elements of choice amusement at more than the regular price was held invalid as conflicting through imposition of heightened evidentiary requirements with the state constitution securing the right of property. - Due process clause protects an interest in life as well as in refusing life MAGTAJAS V. PRYCE PROPERTIES sustaining medical treatment - The tests of a valid ordinance are well established. A long line of CHAVEZ V. ROMULO decisions has held that to be valid, an ordinance must conform to the - Right to bear fire arms cannot be classified as fundamental under the following substantive requirements: 1987 Consti; righto bear arms is mere statutory privilege and not a 1) It must not contravene the constitution or any statute. constitutional right 2) It must not be unfair or oppressive. - License authorizing a person to enjoy certain privilege is neither property 3) It must not be partial or discriminatory. nor a property right. It may be revoked aytime 4) It must not prohibit but may regulate trade. - All property in state is he subject to its general regulations necessary to 5) It must be general and consistent with public policy. common good and general welfare (Nationwide gun ban) 6) It must not be unreasonable. - Test to determine validity of police measure CONSTI LAW 2 DOCTRINES:: MIDTERM EXAM REVIEWER Aleezah Gertrude Regado 1. Interest of public generally as distinguished from those of - Due deference to rights of individual require a more careful formulation particular class require exercise of police power of solutions to societal problems 2. Means employed are reasonably necessary for the BAYAN KMP V. ERMITA accomplishment of the purpose and not unduly oppressive - Right to peaceably assemble and petition for redress of grievances with upon individuals freedom of speech, of eexpression and of press enjoys primacy in the GSIS V. MONTESTCARLOS realm of constitutional protection - In a pension plan where employee participation is mandatory, previailing - BP 880 is not an absolute ban of public assemblies but a restriction that view is that employees have vested right in pension where pension is part simply regulates time, place and manner of assemblies of the terms of employment - Fair and impartial reading shows that it refers to all kinds of public - No law can deprive person of his pension rights without due process of assemblies that would use public place. law without notice and opportunity to be heard - Permit can only be denied on ground of clear and present danger to - Provision discriminates against a dependent spouse who contracts public order, safety, convenience morals and health marriage to pensioner within 3 years before pensioner qualified for - UDHR & ICPPR allows limitation : to the recognize & respect to the pension right and freedom of another INSERT YUNG GRATUITOUS DAW PAG MILITARY CASE HERE KMU V. DIR. GENERAL OF NEDA CHAVEZ V. COMELEC - EO 420 : Under constitutional power of control of president to direct all - Police power as an inherent attribute of sovereignty is the power to agencies in exercise of their function prescribe regulations to promote health, morals, peace, education, good - (x) establish a national ID system ; every entity who presently issue I its order/safety & general welfare of the people own name - COMELEC acting well within its scope of powers where it required - Right to privacy (x) Adoption of reasonable ID systems ; it further petitioner to discontinue the display of subject billboard provides strict safeguard and protection to confidentiality - COMELEC expressly authorized to supervise and regulate MIRASOL V. DPWH enjoyment/utilization of all media communications/information to ensure - Administrative issuance have the force and effect of law equal opportunity, time and space - Use of public highways by motor vehicle subject to regulation : exercise - Contracts affecting public interest contain an implied reservation of of police power police power as postulate of existing legal order - Toll way is not an ordinary road, it is created for a special purpose: - Police power can be activated at anytime to change provisions of contract necessitates imposition of guideline in manner of use and operation and even abrogate its entirety for the promotion/protection of general - Test of constitutionality: WON restriction imposed is reasonable welfare - Means by which government chooses to act is not jduged on terms of - Regulates use to prevent premature campaigning to equalize s much as what is best rather, on simply wherever it is reasonable practicable the situation of all candidates by preventing popular and rich - Police power (x) rely on existence of definitive studies from gaining undue advantage PERENNO V. COA LUCENA GRAND CENTRAL TERMINAL V. JAC LINER INC - Jurisdiction of COA over money claims againt government does nt - As with the State, LGU may be considered as having properly exercised include power to rule on constitutionality of laws its police power only if there is a concurrence of lawful subject and - It is only upon retirement that military personnel acquires vested right to lawful method retirement benefit - Assailed ordinance is characterized by overbreadth doctrine : Go beyond - Retirement benefits on military personnel are purely gratuitous matter what is reasonably necessary to solve traffic problem they are not similar to pension where employees participation is mandatory CONSTI LAW 2 DOCTRINES:: MIDTERM EXAM REVIEWER Aleezah Gertrude Regado ST.LUKES MEDICAL CENTER V. NLRC probable cause to be determined personally by judge. - Police power: persons who desire to engage in learned RIGHT TO LIFE Guarantees essentially the right to be alive, upon professions/requires scientific/technological knowledge may be required which enjoyment of all other rights is to take an examination as a pre-requisite to engaging in chosen careers preconditioned—right to security of person is a - Regulation of field of radiologic & x-ray technology reasonable method guarantee of the secure quality of his life. of protecting health & safety of public Right to security of person yield various permutations of exercise of this right MMDA V. VIRON 1.) Right to security of person is freedom from fear - Police power is vested in DOTC Secretary to establish and administer Univ. Declaration of Human Rights (UDHR) comprehensive & integrated programs for transportation and enunciates that a world In which human beings shall enjoy freedom of speech and the belief and communication & issue orders rules and regulations to implement such freedom from fear…. mandate delegated for good and welfare of people Art 9(1) of International Covenant on Civil and - By designating the MMDA as the implementing agency of the Project, Political Rights (ICCPR) provides for security of the President clearly overstepped the limits of the authority conferred by persons PH : signatory to boh UDHR and ICCPR law, rendering E.O. No. 179 ultra vires. Thus, in the amparo context it is more apparent that right to - There was no grant of authority to MMDA. It was delegated only to set security is actually freedom from fear the policies concerning traffic in Metro Manila, and shall coordinate and regulate the implementation of all programs and projects concerning Violation (In the case) traffic management, specifically pertaining to enforcement, engineering Respodents were detained, threatened that if they escape their families including them will be killed. and education. At time they escaped, condition of threat to be killed come SEC OF DND V. MANALO to pass. With their escape, continuing threat to life is apparent, Sec.1: Petition moreso now that they have surfaced and implicated specific officers. - “Petition for writ of amparo as a remedy available to any person whose 2.) Right to security of persons is a guarantee of bodily and right to life, liberty, security is violated or threatened with violation by an psychological integrity and security unlawful act or omission of a pulic official or employee or of a provide Art III, Sec 12 Consti specifically proscribes bodily and individual or entity. psychological invasion : No torture, force, violence, threat or intimidation or any - Writ shall cover all extralegal killings and enforced disappearances or other means which vitiate the free will shall be used against threats thereof. him. Secret detention places, solitary, incommunicado or Sec. 17 : Burden of Proof and Standard of Diligence Required other similar forms of detention are prohibited. Violation (In the case) - The parties shall establish their claims by substantial evidence Apart from the failure of military elements to provide Sec. 18: Judgment for protection of respondents, they also miserably failed - If the allegations in the petition are proven by substantial evidence, the in conducting effective investigation of abduction court shall grant the privilege of the writ and such reliefs as may be 3.) Right to security of person is a guarantee of protection of proper and appropriate; otherwise the privilege shall be denied. ones rights by the government In the context of WoA, this right is built into the guarantees of right to life and Right to Security/Security of Persons liberty (Art III of Sec 1 of Consti) and the right to ART III, Sec 2 : Consti security of persons (Art III, Sec 2 of Consti) “The right of people to secure their persons, houses, papers and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable and WHITELIGHT V. CITY OF MANILA no search warrant/ warrant of arrest shall issue except upon CONSTI LAW 2 DOCTRINES:: MIDTERM EXAM REVIEWER Aleezah Gertrude Regado - ordinance is null and void as it indeed infringes upon individual liberty. - Castillo v Cruz- and habeas data will NOT issue to protect purely It also violates the due process clause which serves as a guaranty for property or commercial concerns nor when the grounds invoked in protection against arbitrary regulation or seizure. support of the petitions therefor are vague or doubtful. - The said ordinance invades private rights. Note that not all who goes into - can be solved in the NLRC. motels and hotels for wash up rate are really there for obscene purposes - There was no violation of respondent’s right to privacy. Respondent even only. said that the letters were mere jokes and even conceded the fact that the - The SC reiterates that individual rights may be adversely affected only to issue was labor related due to references to “real intent of management”. the extent that may fairly be required by the legitimate demands of public REMMAN ENTERPRISE V. PRB OF REAL ESTATE interest or public welfare. - No right is absolute & proper regulation of profession, calling, business, ROXAS V. MACAPAGAL ARROYO trade has always been upheld as a legitimate subject of valid exercise of - Doctrine of Command Responsibility: rule of substantive law establishes police power particularly when their conduct affects execution of liability & by this account & cannot be a proper legal basis to implead legitimate government function, the preservation of State, public health, party respondent in Amparo petition welfare & morals - Writ does not, fix liability for such disappearance, klling/threats whether - To pretend that licensing/accreditation requirements violate due process that may be criminal/civil/administrative clause is to ignore settled practice of regulating etry to practice of various - Inapplicability of doctrine of command responsibility in an amparo trades and profession proceeding does not by any measure preclude impleading military or DISINI V. SEC OF JUSTICE police commander on ground: complaint acts: committed with their - (ILLEGAL ACCESS) Nothing in said section calls for application of direct/indirect acquiescence’s strict scrutiny standard since no fundamental freedom is involved in - Commanders may be impleaded not actually on basis of command punishing what is essentially a condemnable act—accessing computer responsibility but rather on account of accountability system of another without right. - An order directing public respondents to retun belongings = coclusive - (DATA INTERFERENCE) Overbreadth doctrine – a proper pronouncement as to liability governmental purpose, constitutionally subject to state regulation may - Amparo rule which defines scope and extent of writ excludes protection not be achieved by means that unnecessarily sweep its subject broadly, of property rights thereby invading the area of protected freedoms at all. - Writ of habeas data: judicial remedy enforcing right of privacy:: protect - Said section does not encroach on these freedoms at all, it simply person’s right to control info regarding himself:: collected through punishes what is essentially a form of vandalism unlawful means to achieve unlawful ends - All penal laws, have a course of an inherent chilling effect, an in MERALO V. LIM terrorem effect - “Section 1. Habeas Data. – The writ of habeas data is a remedy available - To prevent state from legislating criminal laws because they instill such to any person whose right to privacy in life, liberty or security is violated kind of fear is to render state powerless in addressing and penalizing or threatened by an unlawful act or omission of a public official or socially harmful conduct employee or of a private individual or entity engaged in the gathering, - Unsolicited advertisement are legitimate forms of expression collecting or storing of data or information regarding the person, family, - The authority that Section 12 gives law enforcement agencies is too home and correspondence of the aggrieved party” sweeping and lacks restraint. While it says that traffic data collection - It’s a forum for enforcing one’s right to the truth. Like amparo, habeas should not disclose identities or content data, such restraint is but an data was a response to killings and enforced disappearances. illusion. Admittedly, nothing can prevent law enforcement agencies holding these data in their hands from looking into the identity of their sender or receiver and what the data contains. This will unnecessarily CONSTI LAW 2 DOCTRINES:: MIDTERM EXAM REVIEWER Aleezah Gertrude Regado expose the citizenry to leaked information or, worse, to extortion from 1. Arrest,Detention,Abduction/Any form of deprivation of liberty certain bad elements in these agencies. 2. Carried out by / w/ authorization /support of state or political IMBONG V. OCHOA organization - Every part of statute must be interpreted with reference to context, it 3. Followed by State/Poli Subd refusal to acknowledge must be construed together with other parts fate/whereabouts of person subject to Amparo petition - Plain and ordinary meaning 4. Intention for such refusal: remove subject person from - Religious Freedom protection of law for a prolonged period of time 1.Establishment Clause: prohibits state from sponsoring any religion, - Issue is with regard to child custody & exercise of parental rights over mandates strict neutrality child who for all intents & purposes are legally considered as ward of 2.Free Exercise Clause: respect for inviolability of human conscience state (x) Amparo rule does not apply - Benevolent Neutrality: accommodation of religion may be allowed not to MISON V. GALLEGOS promote govt favored form of religion but to allow individuals and groups to exercise religion without hinderance Extra-legal killings Killings committed without due process of - Compeling state interest: free exercise of fundamental right & laws law burdening it are subj to strict scrutiny Enforced Attended by the following characteristics - No compelling state interest which could limit free exercise of Disappearances 1. Attention, Detention or Abduction of conscientious objectors however few in number person by a government official or organized - Protection accorded to conscientious objector : apply all medical groups or private individuals acting with practitioners whether from public/private sector direct or indirect acquiescence of - Priority to poor and marginalized government GARCIA V. DRILON 2. Refusal of state to disclose the fate or - Equal protection simply requires that all person/things similarly situated whereabouts of the person concerned or should be treated alike both as to rights conferred and responsibilities refusal to acknowledge the deprivation of imposed liberty which places such person outside - Unequal power relationship between women and men protection of law. - Enactment of RA 9262 aim to address discrimination brough about by Ku’s circumstances does not come under statutory definition of an enforced biases and prejudice against women (CEDAW) involuntary disappearance - Application s not limited to existing conditions when it was promulgated Ku was arrested by agents of BI but there was no refusal on part of BI to but to future conditions as long as safety and security of women and acknowledge such arrest nor was there any refusal to give information on his children are threatened by violence and abuse whereabouts - Protection order does not violate due process :purpose is to safeguard the Neither an it be said that BI had any intention to remove Ku from protection offended from future harm and minimize disruption to daily life . Time for a prolonged time. is of essence His arrest –well documented as evidenced by Return of Warrant of CARAM V. SEGUI Deportation and After Mission Report. - Amparo rule intended to address intractable problem of extra-legal No intent to remove Ku from protection of law for a prolonged time –Ku’s killings and enforced disappearances : confined to 2 instances counsel was immediately able to file Entry of appearance thereby showing - Writ of Amparo remedy is available to any person whose right to LLS Ku’s legal rights were amply guarded and that he was never removed from are violated protection of law. - Elements : of enforced disappearances CONSTI LAW 2 DOCTRINES:: MIDTERM EXAM REVIEWER Aleezah Gertrude Regado Fundamental function of writ of amparo is to cause disclosure of details Most intimate decision that an individual can make. concerning EJK or ED. Ku’s whereabouts never hidden, no need for issuance Second Premise of Writ in the case at bar. Right to marry is fundamental because it supports two-person union unlike any other in its importance to the committed individuals. ZARATE V. AQUINO Marriage responds to the universal fear that a lonely person might In present petition, petitioners fail to show how their right to privacy is call out only to find no one there. violated given the information contained in the list are only their Same sex couples has such a right names, positions, respective organizations and photographs = public Third Premise knowledge and readily accessible even to civilians especially known Safeguards children and families and thus draws meaning from personalities. related rights of childrearing, procreation, and education. Although petition for writ of HD may be filed by fam member or even Affords permanency and stability important to children’s best interest relatives on behalf of aggrieved, HD presupposes that aggrieved party Excluding same sex couples from marriage thus conflicts with a is still alive to show how violation of aggrieved party’s right to central premise of right to marry .—without such recognition, privacy, LLS violated. Heirs of Crispin Beltaran do not have legal stability and predictability marriage offers, their children suffer the standing to file this petition. stigma of knowing their families are somehow lesser. They also Mere membership in these organizations and sectors cannot equate to suffer significant material cost of being raised by unmarriaged an actual threat that would warrant issuance of writ of amparo. parents relegated through no fault of their own to a more difficult Writ of Amparo is sought individually and granted individually – uncertain family life. assess situation of petitioners individually. –lumping together previos Forth Premise and present experiences may give of impression that indeed taken Court’s case and Nations traditions make clear that marriage is a together petitioners’ LLS are threated and violated. = but this way of keystone to our social order. presenting the obtaining situation is misleading. Marriage is the foundation of family and society, without which there OBERGEFELL V. GODGES DIRECTOR OF OHIO DEPARTENT OF would be neither civilization nor progress. HEALTH ET AL Marriage is a great public institution giving character to our whole Over time and in other contexts, Court has reiterated that right to marry is civil polity. fundamental under the Due Process clause. Marriage remains a building block of our national community. It cannot be denied that Court’s cases describing right to marry presumed ASPECTS OF MARITAL STATUS: Taxation, inheritance, property in a relationship involving opposite sex partners. rights, succession, spousal privilege, hospital access, medical In assessing whether the force and rationale of its cases apply to same sex decision making authority, adoption rights, rights and benefits of couples, court must respect the reasons why right to marry has been long survivors, etc. perfected. Right of same-sex couples to marry is a part of liberty promised by the 14th FOUR PRINCIPLES AND TRADITIONS: REASON FOR MARRIAGE amendment is derived too from Amendment’s guarantee of equal protection IS FUNDAMENTAL UNDER CONSTITUTION AND APPLY WITH of laws. EQUAL FORCE TO SAME SEX COUPLES. [DUE PROCESS CLAUSE AND EQUAL PROTECTION CLAUSE ARE First premise CONNECTED IN A PROFOUND WAY THROUGH THEY SET FORTH Right to personal choice regarding marriage is inherent in the concept of INDEPENDENT PRINCIPLES] individual autonomy. Right to marry is of fundamental importance for all Imposition of disability on gays and lesbians serves to disrespect and individuals. subordinate them. And the EQUAL PROTECTION CLAUSE, like due CONSTI LAW 2 DOCTRINES:: MIDTERM EXAM REVIEWER Aleezah Gertrude Regado process clause, prohibits unjustified infringement of fundamental right to o All that is required for a valid classification is that: marry. 1. Reasonable (classification based on substantial distinctions) Illogical to think that state recognition of love and commitment between 2. Germane to the purpose of law same sex couples will alter most intimate relationships between opposite 3. Not limited to existing conditions only sex. 4.Apply equally to each member of class. Court in this decision, holds same sex coupes may exercise fundamental o ENACTMENT, HOWEVER OF SUBSEQUENT LAWS—EXEMPTING right to marry in all states. ALL OTHER RANK AND FILE EMPLOYEES OF GFIs FROM THE LAWRENCE V. TEXAS SSL—RENDERS THE CONTINUED APPLICATION OF If the right to privacy means anything, it is the right of an individual, married CHALLENGED PROVISION IN VIOLATION OF EQUAL or single to be free from unwarranted government intrusion into matters PROTECTION OF LAWS fundamentally affecting a person. o Statutes valid at one time, may become void because of altered circumstances. . Liberty protected by the Constitution allows homosexual persons the right to Continued enforcement of otherwise void law would be unreasonable and make this choice. oppressive. Stigma this criminal statute imposes moreover is not trivial. o A statute non-discriminatory on its face may be grossly discriminatory in its Still it remains a criminal offense with all the imports of dignity of the person operation. charged. o No difference between law which denies equal protection and law which Present case does not involve minors. It does not involve persons who might permits of such denial. be injured or coerced r who are situated in relationships where consent might o It bears stressing that the exemption from SSL is a privilege fully within the not easily be refused. It does not involve public conduct or prostitution. It legislative to give or deny does not involve whether government must give formal recognition to any o However its subsequent grant to other rank and file of 7 other GFIs and relationship that homosexual persons seeks to enter. continued denial to BSP’s rank and file employees breached the latter’s equal The case involve two adults who with full and mutual consent, engage in protection.. sexual practices common to homosexual lifestyle. o Equal protection clause does not demand absolute equality, but it requires all EQUAL PROTECTION persons shall be treated alike, under like circumstances and conditions both as VILLEGAS V. HIU CHIONG TSAI PAO HO to privileges conferred and liabilities imposed. - Although the equal protection clause does not forbid classification , it is YRASUEGUI V. PAL imperative that the classification should be based on real and substantial Weight standards of PAL would lead to no other conclusion than they differences having a reasonable relation of particular legislation constitute a continuing qualification of employees in order to keep the job - Ordinance of municipality fails to state any policy or set up any standard MEIORIN TEST : Used to determine whether an employment policy is to guide or limit the Mayor’s action. justified --show that - There is no logic or justification of exacting P50.00 from all aliens who 1. Adopted standard for purpose rationally connected to performance of his job have been cleared for employment 2. Standard is reasonably necessary to the accomplishment of work-related purpose ORMOC SUGAR CO. INC V. TREASURER OF ORMOC CITY (factual basis) - Should apply to present and future conditions 3. Standard reasonably necessary in order to accomplish legitimate work –related - Although it is the only sugarcentral at time of enactment of law to make purpose. tax exclusive upon the company to the exclusion of all sugar centrals & Business of PAL is air transportation. those belonging in same class which may subsequently be established is Passenger safety goes to the core of job as a cabin attendant. void. Bill of rights is not meant to be invoked against acts of private individuals. CENTRAL BANK EMPLOYEES ASSOCIATION V. BSP PEOPLE V. SITON CONSTI LAW 2 DOCTRINES:: MIDTERM EXAM REVIEWER Aleezah Gertrude Regado Power to define crimes and prescribe their corresponding penalties is Occupy office by virtue of mandate of Hold office by virtue of designation legislative in nature and inherent in sovereign power of the state to electorate thereto by appointing authority maintain social order as an aspect of police power Elected for a definite term and may Tenure: Permanent/At pleasure of Void for vagueness doctrine: statute which either forbids or requires doing an remove therefrom only upon stringent appointing authority conditions : respect to will of electorate act in terms so vague that men of common intelligence must necessarily guess ::serve office until end of term as its meaning and differ as to its application, violates the first essential of due Classification Germane to the purpose of law. process. Equal protection clause does not require universal application of laws to US Case (Jacksonville) PH CASE all persons or things without distinction. Unconstitutional Constitutional It simply requires equality among equals “wandering or strolling without “without visible means of support” Test : (S.G.N.E) any lawful purpose or object” : trap for innocent acts The deemed-resigned provisions substantially serve government interest Gives police unfettered discretion Requirement of probable cause provides an 1. Efficient civil service faithful to government and people rather than to party to make arrest acceptable limit to police or executive authority 2. Avoidance of appearance of political justice as to policy which may be abused in relation to 3.Avoidance of danger of a powerful political machine search/arrest of persons found to be violating 4.Ensuring that employees achieve advancement on their merits and that they be free Grounds for suspicion are reasonable = Arresting Officer authority + Probable from both coercion and prospect of favor from political activity. cause + Good faith in making arrest. (just my own formula, read the text if The avoidance of such a politically active public work force:: could give you doubt) an emerging political machine an unbreakable grasp on the reins of power Acts are made illegal by their offensiveness to society’s basic sensibilities and ---a reason enough to impose restriction on candidacies of all appointive their adverse effect on quality of life of people for society. public officials without further distinction as to the type of positions being Dangerous streets must surrender to orderly society. held by such employee or the degree of influence that may be attendant thereto. LEAGUE OF CITIES OF THE PHILIPPINES V. COMELEC In the case at bar, probable harm in society in permitting incumbent Congress alone and no other can enforce criteria, Fr.Bernas: authority to appointive officials to remain in office even as they actively pursue created municipal corporations is essentially legislative in nature elective posts far outweighs less likely evil of having arguably protected Cityhood laws by granting special treatment to respondent municipalities by candidacies blocked by possible inhibitory effect of a potentially way of exemption does not violate equal protection of laws. overbroad statute. Fundamental right to equal protection of laws does not require absolute equality. ONLY (S.G.N.E) substantial distinctions.germane.not limited to VILLANUEVA V. JBC existing conditions. Equally: same class JBC is burdened with great responsibility that is imbued with public Favorable treatment accorded to 16 municipalities rests on substantial interest as it determines men and women who will sit on judicial bench. distinctions. JBC’s ultimate goal is to recommend nominees and not simply fill up Respondent LGUs which are subjected only to erstwhile 20 M income criteria judicial vacancies in order to promote an effective and efficient instead of stringent income prescribed by RA 9009 are substantially different administration of justice. from other municipalities desirous to be cities. The adoption of the 5 year requirement policy applied by JBC to Due to extraneous circumstances = Changing rules in the middle of the game. petitioner’s case is necessary and incidental to the function conferred to it Basis for exemption : Justice and fairness. Reduce inequality by the Constitution. QUINTO V. COMELEC Clearly, classification created by challenged policy satisfies rational basis Elective Officials Appointive Officials test CONSTI LAW 2 DOCTRINES:: MIDTERM EXAM REVIEWER Aleezah Gertrude Regado Policy does not infringe on equal protection as it is based on reasonable conversations allowed the recording of the same, the inadmissibility of the classification intended to gauge the proven competence of applicants subject tapes is mandatory under Rep. Act No. 4200. PEOPLE V. JUMAWAN ZULUETA V. CA o PH enshrined equality in 1987 Constitution. There is no question that the documents and papers in question belong to Sec11: dignity of every human person and guarantees full respect to human rights private respondent, Dr. Alfredo Martin, and that they were taken by his wife, Sec 14 role of women in nation-building and shall ensure the fundamental equality the herein petitioner, without his knowledge and consent. before law of women and men. The case against Atty. Felix, Jr. was for disbarment. o CEDAW : part of GAPOIL Acquittal of Atty. Felix, Jr. in the administrative case amounts to no more than o Martial rape is not defined. All that the law makers are trying to point out is a declaration that his use of the documents and papers for the purpose of that one cannot justify rape sex without consent just because they are married securing Dr. Martins admission as to their genuiness and authenticity did not to their wives. For as long as attendant circumstances of traditional rape are constitute a violation of the injunctive order of the trial court. present, it is rape. The intimacies between husband and wife do not justify any one of them in o A married woman has the same right to control her own body, as does an breaking the drawers and cabinets of the other and in ransacking them for any unmarried woman. She can give or withhold her consent to a sexual intercourse telltale evidence of marital infidelity. with her husband and he cannot unlawfully wrestle such consent. . A person, by contracting marriage, does not shed his/her integrity or his right to privacy as an individual and the constitutional protection is ever available to FERRER JR. V. BAUTISTA him or to her. - Socialized Housing taxes are constitutional, rights to property can be PEOPLE V. MARTI subjected to police power In the absence of governmental interference, the liberties guaranteed by the - It has a valid purpose which is to uplift the underprivileged and the Constitution cannot be invoked against the State. homeless The contraband in the case at bar having come into possession of the - QC government is authorized to impose tax in fact UDHA grants them Government without the latter transgressing appellant's rights against authority to charge properties above P50M unreasonable search and seizure. - Removing slum areas in qc is beneficial to real property owners as well mere presence of the NBI agents did not convert the reasonable search effected - Garbage fee is unconstitutional: classification should be based on germane by Reyes into a warrantless search and seizure proscribed by the Constitution. purpose of law, similar schedule is more practicable - Merely to observe and look at that which is in plain sight is not a search. - It classifies when there is no need to make classifications - Where the contraband articles are identified without a trespass on the part 1-UNITED KOALIYON V. COMELEC of the arresting officer, there is not the search that is prohibited by the - Posting of political advertisments on vehicles and in terminals (x) relate to constitution franchise but a valid act of ownership COMELEC has no authority to The Bill of Rights governs the relationship between the individual and the state. regulate Its concern is not the relation between individuals, between a private individual - Prohibition curtails their right to free speech and other individuals. SECTION 3: The constitutional proscription against unlawful searches and seizures therefore SALCEDO-ORTANEZ V. CA applies as a restraint directed only against the government and its agencies These tape recordings were made and obtained when private respondent tasked with the enforcement of the law. allowed his friends from the military to wire tap his home telephone. If the search is made at the behest or initiative of the proprietor of a private Clearly, respondents trial court and Court of Appeals failed to consider the establishment for its own and private purposes, as in the case at bar, and afore-quoted provisions of the law in admitting in evidence the cassette tapes in without the intervention of police authorities, the right against unreasonable question. Absent a clear showing that both parties to the telephone CONSTI LAW 2 DOCTRINES:: MIDTERM EXAM REVIEWER Aleezah Gertrude Regado search and seizure cannot be invoked for only the act of private individual, not To agree with respondents’ above argument, would mean unduly limiting the the law enforcers, is involved. reach of the writ to a very small group, i.e., private persons and entities whose PEOPLE V. DAMASO business is data gathering and storage The constitutional immunity from unreasonable searches and seizures, being The right to informational privacy on Facebook personal one, cannot be waived by anyone except the person whose rights are Selecting his or her desired privacy setting:The foregoing are privacy tools, invaded or one who is expressly authorized to do so in his or her behalf . available to Facebook users, designed to set up barriers to broaden or limit the Prosecution likewise failed to show if Luz Tanciangco has such an authority. visibility of his or her specific profile content, statuses, and photos, among Without this evidence, the authorities' intrusion into the appellant's dwelling others, from another user’s point of view. cannot be given any color of legality. STC did not violate petitioners’ daughters’ right to privacy They had every opportunity to get a search warrant before making the raid. Before one can have an expectation of privacy in his or her OSN activity, it is There was absolutely no reason at all why they should disregard the orderly first necessary that said user, in this case the children of processes required by the Constitution. petitioners,manifest the intention to keep certain posts private, through the VEROY V. LAYAGUE . employment of measures to prevent access thereto or to limit its visibility. Permission was indeed granted by Ma. Luisa Veroy to enter the house but only And this intention can materialize in cyberspace through the utilization of to ascertain the presence of rebel soldiers. Under the circumstances it is the OSN’s privacy tools. undeniable that the police officers had ample time to procure a search warrant Facebook user who opts to make use of a privacy tool to grant or deny access to but did not. his or her post or profile detail should not be denied the informational privacy Undeniably, the offense of illegal possession of firearms is malum prohibitum right which necessarily accompanies said choice. but it does not follow that the subject thereof is necessarily illegal per se. We cannot give much weight to the minors’ testimonies for one key reason: A search warrant is still necessary. Hence, the rule having been violated and no failure to question the students’ act of showing the photos to Tigol disproves exception being applicable, the articles seized were confiscated illegally and their allegation that the photos were viewable only by the five of them. are therefore protected by the exclusionary principle. As applied, even assuming that the photos in issue are visible only to the VIVARES V. ST. THERESA’S COLLEGE sanctioned students’ Facebook friends, respondent STC can hardly be taken to The writ of habeas datais a remedy available to any person whose right to task for the perceived privacy invasion since it was the minors’ Facebook privacy in life, liberty or security is violated or threatened by an unlawful act or friends who showed the pictures to Tigol. Respondents were mere recipients of omission of a public official or employee, or of a private individual or entity what were posted. engaged in the gathering, collecting or storing of data or information regarding In sum, there can be no quibbling that the images in question, or to be more the person, family, home and correspondence of the aggrieved party. precise, the photos of minor students scantily clad, are personal in nature The writ of habeas data, however, can be availed of as an independent remedy On Cyber Responsibility to enforce one’s right to privacy, more specifically the right to informational This means that self-regulation on the part of OSN users and internet privacy. The remedies against the violation of such right can include the consumers in general is the best means of avoiding privacy rights violations. updating, rectification, suppression or destruction of the database or As a cyberspace community member, one has to be proactive in protecting his information or files in possession or in control of respondents. or her own privacy. b. Meaning of "engaged" in the gathering, collecting or storing of data or . We cannot afford protection to persons if they themselves did nothing to place information the matter within the confines of their private zone. OSN users must be mindful To "engage" in something is different from undertaking a business endeavour. enough to learn the use of privacy tools, to use them if they desire to keep the To "engage" means "to do or take part in something." information private, and to keep track of changes in the available privacy settings, such as those of Facebook, especially because Facebook is notorious for changing these settings and the site's layout often. CONSTI LAW 2 DOCTRINES:: MIDTERM EXAM REVIEWER Aleezah Gertrude Regado Section 4 legislative interference with the initial freedom of publication, the constitutional protection would be reduced to a mere form of words. Near Vs. Minnesota FREEDMAN V. MARYLAND 283 US 697 First, the burden of proving that the film is unprotected expression must rest on First. The statute is not aimed at the redress of individual or private wrongs. the censor. Remedies for libel remain available and unaffected. The statute, said the state Second, while the State may require advance submission of all films, in order court, "is not directed at threatened libel, but at an existing business which, to proceed effectively to bar all showings of unprotected films, the requirement generally speaking, involves more than libel." It is aimed at the distribution of cannot be administered in a manner which would lend an effect of finality to scandalous matter as "detrimental to public morals and to the general welfare," the censor's determination whether a film constitutes protected expression. tending "to disturb the peace of the community" and "to provoke assaults and Censor will, within a specified brief period, either issue a license or go to court the commission of crime." to restrain showing the film. Any restraint imposed in advance of a final Second. The statute is directed not simply at the circulation of scandalous and judicial determination on the merits must similarly be limited to preservation of defamatory statements with regard to private citizens, but at the continued the status quo for the shortest fixed period compatible with sound judicial publication by newspapers and periodicals of charges against public officers of resolution. corruption, malfeasance in office, or serious neglect of duty. Such charges, by Therefore, the procedure must also assure a prompt final judicial decision, to their very nature, create a public scandal. minimize the deterrent effect of an interim and possibly erroneous denial of a Third. The object of the statute is not punishment, in the ordinary sense, but license. suppression of the offending newspaper or periodical. Without these safeguards, it may prove too burdensome to seek review of the Describing the business of publication as a public nuisance does not obscure censor's determination. the substance of the proceeding which the statute authorizes. It is the continued NEW YORK TIME CO. V. US publication of scandalous and defamatory matter that constitutes the business United States seeks to enjoin the New York Times and the Washington Post and the declared nuisance from publishing the contents of a classified study entitled "History of U.S. Fourth. The statute not only operates to suppress the offending newspaper or Decision-Making Process on Viet Nam Policy." periodical, but to put the publisher under an effective censorship. When a "Any system of prior restraints of expression comes to this Court bearing a newspaper or periodical is found to be "malicious, scandalous, and heavy presumption against its constitutional validity." defamatory," and is suppressed as such, resumption of publication is punishable INC v. CA as a contempt of court by fine or imprisonment. Freedom of religion has been accorded a preferred status by the framers of our This is of the essence of censorship. fundamental laws, past and present. Characterizing the publication as a business, and the business as a nuisance, Freedom to Believe Freedom to Act on ones belief does not permit an invasion of the constitutional immunity against restraint. absolute as long as the belief is confined subject to regulation where the belief is "To prohibit the intent to excite those unfavorable sentiments against those who within the realm of though translated into external acts that affect administer the Government is equivalent to a prohibition of the actual the public welfare. Religion, after all, is a matter of faith. The inherent police power can be excitement of them, and to prohibit the actual excitement of them is equivalent exercised to prevent religious practices to a prohibition of discussions having that tendency and effect, which, again, is inimical to society equivalent to a protection of those who administer the Government, if they Every one has a right to his beliefs and . It is error to think that the mere should at any time deserve the contempt or hatred of the people, against being he may not be called to account because invocation of religious freedom will exposed to it by free animadversions on their characters and conduct. he cannot prove what he believes. stalemate the State and render it The danger of violent reactions becomes greater with effective organization of impotent in protecting the general welfar defiant groups resenting exposure, and if this consideration warranted CONSTI LAW 2 DOCTRINES:: MIDTERM EXAM REVIEWER Aleezah Gertrude Regado We thus reject petitioners postulate that its religious program is per se beyond review by the respondent Board. Its public broadcast on TV of its religious program brings it out of the bosom of internal belief. Television is a medium that reaches even the eyes and ears of children. First. Deeply ensconced in our fundamental law is its hostility against all prior restraints on speech, including religious speech. Hence, any act that restrains speech is hobbled by the presumption of invalidity and should be greeted with furrowed brows It is the burden of the respondent Board to overthrow this presumption. If it fails to discharge this burden, its act of censorship will be struck down. Second. so-called attacks are mere criticisms of some of the deeply held dogmas and tenets of other religions.. The respondent Board may disagree with the criticisms of other religions by petitioner but that gives it no excuse to interdict such criticisms, however, unclean they may be. Religious dogmas and beliefs are often at war and to preserve peace among their followers, especially the fanatics, the establishment clause of freedom of religion prohibits the State from leaning towards any religion. The bedrock of freedom of religion is freedom of thought and it is best served by encouraging the marketplace of dueling ideas. Third. The respondents cannot also rely on the ground attacks against another religion in x-rating the religious program of petitioner. Even a sideglance at Section 3 of PD 1986 will reveal that it is not among the grounds to justify an order prohibiting the broadcast of petitioners television program. The ground attack against another religion was merely added by the respondent Board in its Rules.[ Fourth. In x-rating the TV program of the petitioner, the respondents failed to apply the clear and present danger rule The constitutional guaranty of free exercise and enjoyment of religious profession and worship carries with it the right to disseminate religious information. Any restraint of such right can be justified like other restraints on freedom of expression on the ground that there is a clear and present danger of any substantive evil which the State has the right to prevent.