CONSTITUTIONAL LAW II

CASES
WHO EXERCISES THESE GOVT
POWER
cases:
ERMITA-MALATE HOTEL & MOTEL
OPERATORS ASSOC., INC VS MAYOR OF
MANILA
G.R. No. L-24693
Police Power Due Process Clause
On 13 June 1963, the Manila Municipal Board
enacted Ord 4760 and the same was approved
by then acting mayor Astorga. Ord 4760
sought to regulate hotels and motels. It
classified them into 1st class (taxed at 6k/yr)
and 2nd class (taxed at 4.5k/yr). It also
compelled
hotels/motels
to
get
the
demographics of anyone who checks in to
their rooms. It compelled hotels/motels to
have wide open spaces so as not to conceal
the identity of their patrons. Ermita-Malate
impugned the validity of the law averring that
such is oppressive, arbitrary and against due
process. The lower court as well as the
appellate court ruled in favor of ErmitaMalate.
ISSUE: Whether or not Ord 4760 is against
the due process clause.
HELD: The SC ruled in favor of Astorga.
There is a presumption that the laws enacted
by Congress (in this case Mun Board) is valid.
W/o a showing or a strong foundation of
invalidity, the presumption stays. As in this
case, there was only a stipulation of facts and
such cannot prevail over the presumption.
Further, the ordinance is a valid exercise of
Police Power. There is no question but that the
challenged ordinance was precisely enacted
to minimize certain practices hurtful to public
morals. This is to minimize prostitution. The
increase in taxes not only discourages
hotels/motels in doing any business other than
legal but also increases the revenue of the lgu
concerned. And taxation is a valid exercise of

police power as well. The due process

contention is likewise untenable, due process
has no exact definition but has reason as a
standard. In this case, the precise reason why
the ordinance was enacted was to curb down
prostitution in the city which is reason enough
and cannot be defeated by mere singling out
of the provisions of the said ordinance alleged
to be vague.
POLICE POWER
On the legislative organs of the government,
whether national of local, primarily rest the
exercise of the police power, which, it cannot
be too often emphasized, is the power to
prescribe regulations to promote the health,
morals, peace, good order, safety and general
welfare of the people. Police power is based
upon the concept of necessity of the State and
its corresponding right to protect itself and its
people.43 Police power has been used as
justification for numerous and varied actions
by the State. These range from the regulation
of dance halls,44 movie theaters,45 gas
stations46 and cockpits.47 The awesome
scope of police power is best demonstrated by
the fact that in its hundred or so years of
presence in our nations legal system, its use
has rarely been denied.
May Courts Inquire Upon the Exercise of
Police Power?
In view of the requirements of due process,
equal protection and other applicable
constitutional
guaranties,
however,
the
exercise of such police power insofar as it
may affect the life, liberty or property of any
person is subject to judicial inquiry. Where
such exercise of police power may be
considered as either capricious, whimsical,
unjust or unreasonable, a denial of due
process or a violation of any other applicable
constitutional guaranty may call for correction
by the courts.
Two types of Due Process
Procedural Due Process: Procedural due
process refers to the procedures that the
government must follow before it deprives a
person of life, liberty, or property.49
Procedural due process concerns itself with

government
action
adhering
to
the
established process when it makes an
intrusion into the private sphere. Examples
range from the form of notice given to the
level of formality of a hearing.
Substantive Due Process: Substantive due
process completes the protection envisioned
by the due process clause. It inquires whether
the government has sufficient justification for
depriving a person of life, liberty, or property.
CHURCHILL vs. RAFFERTY,
G.R. NO. L-10572, December 21, 1915 ( 32
Phil 580)
FACTS:
The case arises from the fact that defendant,
Collector of Internal Revenue, would like to
destroy or remove any sign, signboard, or
billboard, the property of the plaintiffs, for the
sole reason that such sign, signboard, or
billboard is, or may be offensive to the sight.
The plaintiffs allege otherwise. Was there
valid exercise of police power in this case?
HELD:
Yes. There can be no doubt that the exercise
of the police power of the Philippine
Government belongs to the Legislature and
that this power is limited only by the Acts of
Congress and those fundamentals principles
which lie at the foundation of all republican
forms of government. An Act of the
Legislature
which
is
obviously
and
undoubtedly foreign to any of the purposes of
the police power and interferes with the
ordinary enjoyment of property would,
without doubt, be held to be invalid. But
where the Act is reasonably within a proper
consideration of and care for the public
health, safety, or comfort, it should not be
disturbed by the courts.
"The power vested in the legislature by the
constitution to make, ordain, and establish all
manner of wholesome and reasonable laws,
statutes, and ordinances, either with penalties
or without, not repugnant to the constitution,
as they shall judge to be for the good and
welfare of the commonwealth, and of the
subjects of the same."

"The police power of the State, so far, has not

received a full and complete definition. It may
be said, however, to be the right of the State,
or state functionary, to prescribe regulations
for the good order, peace, health, protection,
comfort, convenience and morals of the
community, which do not ... violate any of the
provisions of the organic law."
"It [the police power] has for its object the
improvement
of
social
and
economic
conditioned affecting the community at large
and collectively with a view to bring about "he
greatest good of the greatest number."Courts
have consistently and wisely declined to set
any fixed limitations upon subjects calling for
the exercise of this power. It is elastic and is
exercised from time to time as varying social
conditions demand correction."
"It may be said in a general way that the
police power extends to all the great public
needs. It may be put forth in aid of what is
sanctioned by usage, or held by the prevailing
morality or strong and preponderant opinion
to be greatly and immediately necessary to
the public welfare."
"It is much easier to perceive and realize the
existence and sources of this police power
than to mark its boundaries, or to prescribe
limits to its exercise."
ACEBEDO OPTICAL Co. v. CA
G.R. No. 100152, March 31, 2000
Police Power as exercised by LGUs,
restrictions and qualifications
Power of city mayor to grant/cancel/revoke
business permits
Granting of business permits vs. granting of
permit to practice profession
FACTS:
Petitioner applied with the Office of the City
Mayor of Iligan for a business permit. Permit
was therefor issued, subject to certain
conditions like prohibition of putting up an
optical clinic, examining and/or prescribing
reading and similar optical glasses, etc. When
it was found that petitioner violated these
conditions, its business permit was cancelled.
ISSUE:

Whether or not the imposition of special

conditions by the public respondents were
acts ultra vires
RULING:
Police Power exercised by LGUs
Police power as an inherent attribute of
sovereignty is the power to prescribe
regulations to promote the health, morals,
peace, education, good order or safety and
general welfare of the people. The State,
through the legislature, has delegated the
exercise of police power to local government
units, as agencies of the State, in order to
effectively accomplish and carry out the
declared objects of their creation. This
delegation of police power is embodied in the
general welfare clause of the Local
Government Code xxx
The scope of police power has been held to be
so comprehensive as to encompass almost all
matters affecting the health, safety, peace,
order, morals, comfort and convenience of the
community. Police power is essentially
regulatory in nature and the power to issue
licenses or grant business permits, if
exercised for a regulatory and not revenueraising purpose, is within the ambit of this
power.
Power of city mayor to grant business permits
The authority of city mayors to issue or grant
licenses and business permits is beyond cavil.
It is provided for by law.
However, the power to grant or issue licenses
or business permits must always be exercised
in accordance with law, with utmost
observance of the rights of all concerned to
due process and equal protection of the law.
But can city mayor cancel business permits or
impose special conditions? As aptly discussed
by the Solicitor General in his Comment, the
power to issue licenses and permits
necessarily includes the corollary power to
revoke, withdraw or cancel the same. And the
power to revoke or cancel, likewise includes

the power to restrict through the imposition

of certain conditions.
Did the conditions or restrictions imposed
amount to a confiscation of the business?
Distinction must be made between the grant
of a license or permit to do business and the
issuance of a license to engage in the practice
of a particular profession. The first is usually
granted by the local authorities and the
second is issued by the Board or Commission
tasked to regulate the particular profession. A
business permit authorizes the person,
natural or otherwise, to engage in business or
some form of commercial activity. A
professional license, on the other hand, is the
grant of authority to a natural person to
engage in the practice or exercise of his or
her profession.
In the case at bar, what is sought by petitioner
from respondent City Mayor is a permit to
engage in the business of running an optical
shop. It does not purport to seek a license to
engage in the practice of optometry as a
corporate body or entity, although it does
have in its employ, persons who are duly
licensed to practice optometry by the Board of
Examiners in Optometry.
MMDA VS BEL AIR VILLAGE
ASSOCIATION
Date: March 27, 2000
Petitioner: Metropolitan Manila Development
Authority
Respondent: Bel Air Village Association Inc
FACTS:
MMDA is a government agency tasked with
the delivery of basic services in Metro Manila.
Bel-Air Village Association, Inc. is a non-stock,
non-profit corporation whose members are
homeowners in Bel-Air Village, a private
subdivision in Makati City. BAVA is the
registered owner of Neptune Street, a road
inside Bel-Air Village.
On December 30, 1995, respondent received
from petitioner, through its Chairman, a
notice dated December 22, 1995 requesting
respondent to open Neptune Street to public
vehicular traffic starting January 2, 1996.
BAVA was apprised that the perimeter wall

separating the subdivision from the adjacent

Kalayaan Avenue would be demolished.
On January 2, 1996, BAVA instituted against
petitioner before the RTC a civil case for
injunction. Respondent prayed for the
issuance of a TRO and preliminary injunction
enjoining the opening of Neptune Street and
prohibiting the demolition of the perimeter
wall. The trial court issued a temporary
restraining order the following day. After due
hearing, the trial court denied the issuance of
preliminary injunction.
On appeal, the CA rendered a Decision on the
merits of the case finding that the MMDA has
no authority to order the opening of Neptune
Street, a private subdivision road and cause
the demolition of its perimeter walls. It held
that the authority is lodged in the City Council
of Makati by ordinance.
ISSUE:
WON the MMDA has authority to
open Neptune Road to the public
HELD:
No
Ratio: MMDA claims that it has the authority
to open Neptune Street to public traffic
because it is an agent of the state endowed
with police power in the delivery of basic
services in Metro Manila. One of these basic
services is traffic management which involves
the regulation of the use of thoroughfares to
insure the safety, convenience and welfare of
the general public. It is alleged that the police
power of MMDA was affirmed by this Court in
the consolidated cases of Sangalang v. IAC.
From the premise that it has police power, it
is now urged that there is no need for the City
of Makati to enact an ordinance opening
Neptune street to the public.
Police power is an inherent attribute of
sovereignty. It has been defined as the power
vested by the Constitution in the legislature to
make, ordain, and establish all manner of
wholesome and reasonable laws, statutes and
ordinances, either with penalties or without,
not repugnant to the Constitution, as they
shall judge to be for the good and welfare of
the commonwealth, and for the subjects of the
same. The power is plenary and its scope is
vast and pervasive, reaching and justifying
measures for public health, public safety,
public morals, and the general welfare.

It bears stressing that police power is

lodged primarily in the National Legislature.
It cannot be exercised by any group or body of
individuals not possessing legislative power.
The National Legislature, however, may
delegate this power to the President and
administrative boards as well as the
lawmaking bodies of municipal corporations
or local government units. Once delegated,
the agents can exercise only such legislative
powers as are conferred on them by the
national lawmaking body.
Metropolitan or Metro Manila is a
body
composed
of
several
local
government units - i.e., twelve (12) cities
and five (5) municipalities, namely, the cities
of Caloocan, Manila, Mandaluyong, Makati,
Pasay, Pasig, Quezon, Muntinlupa, Las Pinas,
Marikina, Paranaque and Valenzuela, and the
municipalities of Malabon, , Navotas, ,
Pateros, San Juan and Taguig. With the
passage of RA 7924 in 1995, Metropolitan
Manila was declared as a "special
development and administrative region"
and the Administration of "metro-wide"
basic services affecting the region placed
under "a development authority" referred
to as the MMDA.
The implementation of the MMDAs
plans, programs and projects is undertaken by
the
local
government
units,
national
government agencies, accredited peoples
organizations,
non-governmental
organizations, and the private sector as well
as by the MMDA itself. For this purpose, the
MMDA has the power to enter into contracts,
memoranda
of
agreement
and
other
cooperative arrangements with these bodies
for the delivery of the required services within
Metro Manila.
Clearly, the scope of the MMDAs
function is limited to the delivery of the seven
(7) basic services. One of these is transport
and traffic management which includes the
formulation and monitoring of policies,
standards and projects to rationalize the
existing transport operations, infrastructure
requirements, the use of thoroughfares and
promotion of the safe movement of persons
and goods. It also covers the mass transport
system and the institution of a system of road
regulation, the administration of all traffic

enforcement operations, traffic engineering

services and traffic education programs,
including the institution of a single ticketing
system in Metro Manila for traffic violations.
Under this service, the MMDA is expressly
authorized "to set the policies concerning
traffic" and "coordinate and regulate the
implementation of all traffic management
programs." In addition, the MMDA may
"install and administer a single ticketing
system," fix, impose and collect fines and
penalties for all traffic violations.
It will be noted that the powers of the
MMDA are limited to the following acts:
formulation,
coordination,
regulation,
implementation, preparation, management,
monitoring, setting of policies, installation of
a system and administration. There is no
syllable in R. A. No. 7924 that grants the
MMDA police power, let alone legislative
power. Even the Metro Manila Council has
not been delegated any legislative power.
Unlike the legislative bodies of the local
government units, there is no provision in R.
A. No. 7924 that empowers the MMDA or its
Council to "enact ordinances, approve
resolutions and appropriate funds for the
general welfare" of the inhabitants of Metro
Manila. The MMDA is, as termed in the
charter itself, a "development authority." It is
an agency created for the purpose of laying
down policies and coordinating with the
various
national
government
agencies,
peoples
organizations,
non-governmental
organizations and the private sector for the
efficient and expeditious delivery of basic
services in the vast metropolitan area. All its
functions are administrative in nature and
these are actually summed up in the charter
itself
Petitioner cannot seek refuge in the
cases of Sangalang v. Intermediate Appellate
Court where we upheld a zoning ordinance
issued by the Metro Manila Commission
(MMC), the predecessor of the MMDA, as an
exercise of police power. The first Sangalang
decision was on the merits of the petition,
while
the
second
decision
denied
reconsideration of the first case and in
addition discussed the case of Yabut v. Court
of Appeals.

Contrary to petitioners claim, the

two Sangalang cases do not apply to the
case at bar. Firstly, both involved zoning
ordinances passed by the municipal council of
Makati and the MMC. In the instant case, the
basis for the proposed opening of Neptune
Street is contained in the notice of December
22, 1995 sent by petitioner to respondent
BAVA, through its president. The notice does
not cite any ordinance or law, either by the
Sangguniang Panlungsod of Makati City or by
the MMDA, as the legal basis for the proposed
opening of Neptune Street. Petitioner MMDA
simply relied on its authority under its charter
"to rationalize the use of roads and/or
thoroughfares for the safe and convenient
movement of persons." Rationalizing the use
of roads and thoroughfares is one of the acts
that fall within the scope of transport and
traffic management. By no stretch of the
imagination, however, can this be interpreted
as an express or implied grant of ordinancemaking power, much less police power.
Misjuris
Secondly, the MMDA is not the
same entity as the MMC in Sangalang.
Although the MMC is the forerunner of
the present MMDA, an examination of
Presidential Decree (P. D.) No. 824, the
charter of the MMC, shows that the latter
possessed greater powers which were not
bestowed on the present MMDA. Jjlex
In 1990, President Aquino issued
Executive Order (E. O.) No. 392 and
constituted the Metropolitan Manila
Authority (MMA). The powers and
functions of the MMC were devolved to
the MMA. It ought to be stressed,
however, that not all powers and
functions of the MMC were passed to the
MMA. The MMAs power was limited to
the "delivery of basic urban services
requiring coordination in Metropolitan
Manila." The MMAs governing body, the
Metropolitan Manila Council, although
composed
of
the
mayors
of
the
component cities and municipalities, was
merely
given
the
power
of:
(1)
formulation of policies on the delivery of
basic services requiring coordination and
consolidation; and (2) promulgation of
resolutions and other issuances, approval

of a code of basic services and the

exercise of its rule-making power.
Under the 1987 Constitution, the
local government units became primarily
responsible for the governance of their
respective political subdivisions. The MMAs
jurisdiction was limited to addressing
common problems involving basic services
that transcended local boundaries. It did not
have legislative power. Its power was
merely to provide the local government units
technical assistance in the preparation of
local development plans. Any semblance of
legislative power it had was confined to a
"review [of] legislation proposed by the local
legislative assemblies to ensure consistency
among local governments and with the
comprehensive development plan of Metro
Manila," and to "advise the local governments
accordingly."
When R.A. No. 7924 took effect,
Metropolitan Manila became a "special
development and administrative region"
and the MMDA a "special development
authority" whose functions were "without
prejudice to the autonomy of the affected
local government units." The character of
the MMDA was clearly defined in the
legislative debates enacting its charter.
It is thus beyond doubt that the
MMDA is not a local government unit or a
public
corporation
endowed
with
legislative power. It is not even a "special
metropolitan
political
subdivision"
as
contemplated in Section 11, Article X of the
Constitution. The creation of a "special
metropolitan political subdivision" requires
the approval by a majority of the votes cast in
a plebiscite in the political units directly
affected. R. A. No. 7924 was not submitted to
the inhabitants of Metro Manila in a
plebiscite. The Chairman of the MMDA is not
an official elected by the people, but
appointed by the President with the rank and
privileges of a cabinet member. In fact, part of
his function is to perform such other duties as
may be assigned to him by the President,
whereas in local government units, the
President
merely
exercises
supervisory
authority.
This
emphasizes
the
administrative character of the MMDA.

Clearly then, the MMC under P. D.

No. 824 is not the same entity as the
MMDA under R. A. No. 7924. Unlike the
MMC, the MMDA has no power to enact
ordinances for the welfare of the
community. It is the local government units,
acting through their respective legislative
councils, that possess legislative power and
police power. In the case at bar, the
Sangguniang Panlungsod of Makati City did
not pass any ordinance or resolution ordering
the opening of Neptune Street, hence, its
proposed opening by petitioner MMDA is
illegal and the respondent Court of Appeals
did not err in so ruling. We desist from ruling
on the other issues as they are unnecessary.
Esmso
We stress that this decision does not
make light of the MMDAs noble efforts to
solve the chaotic traffic condition in Metro
Manila. Everyday, traffic jams and traffic
bottlenecks plague the metropolis. Even our
once sprawling boulevards and avenues are
now crammed with cars while city streets are
clogged with motorists and pedestrians.
Traffic has become a social malaise affecting
our peoples productivity and the efficient
delivery of goods and services in the country.
The MMDA was created to put some order in
the metropolitan transportation system but
unfortunately the powers granted by its
charter are limited. Its good intentions cannot
justify the opening for public use of a private
street in a private subdivision without any
legal warrant. The promotion of the general
welfare is not antithetical to the preservation
of the rule of law.
ART. 3 Sec. 1 SCOPE OF PROTECTED
LIFE, LIBERTY AND PROPERTY
cases:
DUNCAN ASSOC. OF DETAILMANPTGWO VS. GLAXO WELLCOME PHILS.,
INC.
438 SCRA 343
FACTS:
Tecson was hired by Glaxo as a medical
representative on Oct. 24, 1995. Contract of

employment signed by Tecson stipulates,

among others, that he agrees to study and
abide by the existing company rules; to
disclose to management any existing future
relationship by consanguinity or affinity with
co-employees or employees with competing
drug companies and should management find
that such relationship poses a prossible
conflict of interest, to resign from the
company. Company's Code of Employee
Conduct provides the same with stipulation
that management may transfer the employee
to
another
department
in
a
noncounterchecking position or preparation for
employment outside of the company after 6
months.
Tecson was initially assigned to market
Glaxo's products in the Camarines SurCamarines Norte area and entered into a
romantic relationship with Betsy, an employee
of Astra, Glaxo's competition. Before getting
married, Tecson's District Manager reminded
him several times of the conflict of interest
but marriage took place in Sept. 1998. In Jan.
1999, Tecson's superiors informed him of
conflict of intrest. Tecson asked for time to
comply with the condition (that either he or
Betsy resign from their respective positions).
Unable to comply with condition, Glaxo
transferred Tecson to the Butuan-Surigao
City-Agusan del Sur sales area. After his
request against transfer was denied, Tecson
brought the matter to Glaxo's Grievance
Committee and while pending, he continued
to act as medical representative in the
Camarines Sur-Camarines Norte sales area.
On Nov. 15, 2000, the National Conciliation
and Mediation Board ruled that Glaxo's policy
was valid...

and information from competitors. The

prohibition against pesonal or marital
relationships with employees of competitor
companies upon Glaxo's employees is
reasonable under the circumstances because
relationships of that nature might compromise
the interests of the company. That Glaxo
possesses the right to protect its economic
interest cannot be denied.
It is the settled principle that the commands
of the equal protection clause are addressed
only to the state or those acting under color of
its authority. Corollarily, it has been held in a
long array of US Supreme Court decisions
that the equal protection clause erects to
shield against merely privately conduct,
however, discriminatory or wrongful.
The company actually enforced the policy
after repeated requests to the employee to
comply with the policy. Indeed the application
of the policy was made in an impartial and
even-handed manner, with due regard for the
lot of the employee.
On Constructive Dismissal
Constructive dismissal is defined as a quitting,
an involuntary resignation resorted to when
continued employment becomes impossible,
unreasonable or unlikely; when there is
demotion in rank, or diminution in pay; or
when a clear discrimination, insensibility, or
disdain by an employer becomes unbearable
to the employee. None of these conditions are
present in the instant case.

ISSUE:
Whether or not the policy of a pharmaceutical
company prohibiting its employees from
marrying employees of any competitor
company is valid

HELD:
The challenged policy has been implemented
by Glaxo impartially and disinterestedly for a
long period of time. In the case at bar, the
record shows that Glaxo gave Tecson several
chances to eliminate the conflict of interest
brought about by his relationship with Betsy,
but he never availed of any of them.

RULING:
On Equal Protection

"WHEREFORE, the petition is DENIED for

lack of merit."

Glaxo has a right to guard its trade secrets,

manufacturing
formulas,
marketing
strategies, and other confidential programs

TWO KINDS OF DUE PROCESS

cases:
BANCO ESPANOL FILIPINO v. PALANCA
G.R. No. L-11390, March 26, 1918
JURISDICTION,
HOW
ACQUIRED:
Jurisdiction over the property which is the
subject of the litigation may result either from
a seizure of the property under legal process,
whereby it is brought into the actual custody
of the law, or it may result from the institution
of legal proceedings wherein, under special
provisions of law, the power of the court over
the property is recognized and made effective.
The action to foreclose a mortgage is said to
be a proceeding quasi in rem, by which is
expressed the idea that while it is not strictly
speaking an action in rem yet it partakes of
that nature and is substantially such.
DUE
PROCESS
IN
FORECLOSURE
PROCEEDINGS: Property is always assumed
to be in the possession of its owner, in person
or by agent; and he may be safely held, under
certain conditions, to be affected with
knowledge that proceedings have been
instituted for its condemnation and sale.
FACTS:
Engracio Palanca Tanquinyeng y Limquingco
mortgaged various parcels of real property in
Manila
to
El
Banco
Espanol-Filipino.
Afterwards, Engracio returned to China and
there he died on January 29, 1810 without
returning again to the Philippines. The
mortgagor
then
instituted
foreclosure
proceeding but since defendant is a nonresident, it was necessary to give notice by
publication. The Clerk of Court was also
directed to send copy of the summons to the
defendants last known address, which is in
Amoy, China. It is not shown whether the
Clerk complied with this requirement.
Nevertheless,
after
publication
in
a
newspaper of the City of Manila, the cause
proceeded and judgment by default was
rendered. The decision was likewise published
and afterwards sale by public auction was
held with the bank as the highest bidder. On
August 7, 1908, this sale was confirmed by
the court. However, about seven years after
the confirmation of this sale, a motion was
made by Vicente Palanca, as administrator of
the estate of the original defendant, wherein

the applicant requested the court to set aside

the order of default and the judgment, and to
vacate all the proceedings subsequent
thereto. The basis of this application was that
the order of default and the judgment
rendered thereon were void because the court
had never acquired jurisdiction over the
defendant or over the subject of the action.
ISSUE:
Whether or not the lower court acquired
jurisdiction over the defendant and the
subject matter of the action
Whether or not due process of law was
observed
RULING:
On Jurisdiction
The word jurisdiction is used in several
different, though related, senses since it may
have reference (1) to the authority of the
court to entertain a particular kind of action
or to administer a particular kind of relief, or
it may refer to the power of the court over the
parties, or (2) over the property which is the
subject to the litigation.
The sovereign authority which organizes a
court determines the nature and extent of its
powers in general and thus fixes its
competency or jurisdiction with reference to
the actions which it may entertain and the
relief it may grant.
How Jurisdiction is Acquired
Jurisdiction over the person is acquired by the
voluntary appearance of a party in court and
his submission to its authority, or it is
acquired by the coercive power of legal
process exerted over the person.
Jurisdiction over the property which is the
subject of the litigation may result either from
a seizure of the property under legal process,
whereby it is brought into the actual custody
of the law, or it may result from the institution
of legal proceedings wherein, under special
provisions of law, the power of the court over
the property is recognized and made effective.
In the latter case the property, though at all
times within the potential power of the court,

may never be taken into actual custody at all.

An illustration of the jurisdiction acquired by
actual seizure is found in attachment
proceedings, where the property is seized at
the beginning of the action, or some
subsequent stage of its progress, and held to
abide the final event of the litigation. An
illustration of what we term potential
jurisdiction over the res, is found in the
proceeding to register the title of land under
our system for the registration of land. Here
the court, without taking actual physical
control over the property assumes, at the
instance of some person claiming to be owner,
to exercise a jurisdiction in rem over the
property and to adjudicate the title in favor of
the petitioner against all the world.
In the terminology of American law the action
to foreclose a mortgage is said to be a
proceeding quasi in rem, by which is
expressed the idea that while it is not strictly
speaking an action in rem yet it partakes of
that nature and is substantially such. The
expression "action in rem" is, in its narrow
application, used only with reference to
certain proceedings in courts of admiralty
wherein the property alone is treated as
responsible for the claim or obligation upon
which the proceedings are based. The action
quasi rem differs from the true action in rem
in the circumstance that in the former an
individual is named as defendant, and the
purpose of the proceeding is to subject his
interest therein to the obligation or lien
burdening the property. All proceedings
having for their sole object the sale or other
disposition of the property of the defendant,
whether by attachment, foreclosure, or other
form of remedy, are in a general way thus
designated. The judgment entered in these
proceedings is conclusive only between the
parties.
xxx
It is true that in proceedings of this character,
if the defendant for whom publication is made
appears, the action becomes as to him a
personal action and is conducted as such.
This, however, does not affect the proposition
that where the defendant fails to appear the
action is quasi in rem; and it should therefore

be considered with reference to the principles

governing actions in rem.
On Due Process
xxx As applied to a judicial proceeding,
however, it may be laid down with certainty
that the requirement of due process is
satisfied if the following conditions are
present, namely; (1) There must be a court or
tribunal clothed with judicial power to hear
and determine the matter before it; (2)
jurisdiction must be lawfully acquired over
the person of the defendant or over the
property which is the subject of the
proceeding; (3) the defendant must be given
an opportunity to be heard; and (4) judgment
must be rendered upon lawful hearing.
Passing at once to the requisite that the
defendant shall have an opportunity to be
heard, we observe that in a foreclosure case
some notification of the proceedings to the
nonresident owner, prescribing the time
within which appearance must be made, is
everywhere recognized as essential. To
answer this necessity the statutes generally
provide for publication, and usually in
addition thereto, for the mailing of notice to
the defendant, if his residence is known.
Though commonly called constructive, or
substituted service of process in any true
sense. It is merely a means provided by law
whereby the owner may be admonished that
his property is the subject of judicial
proceedings and that it is incumbent upon
him to take such steps as he sees fit to protect
it.
It will be observed that this mode of
notification does not involve any absolute
assurance that the absent owner shall thereby
receive
actual
notice.
The
periodical
containing the publication may never in fact
come to his hands, and the chances that he
should discover the notice may often be very
slight. Even where notice is sent by mail the
probability of his receiving it, though much
increased, is dependent upon the correctness
of the address to which it is forwarded as well
as upon the regularity and security of the mail
service. It will be noted, furthermore, that the
provision of our law relative to the mailing of

notice does not absolutely require the mailing

of notice unconditionally and in every event,
but only in the case where the defendant's
residence is known. In the light of all these
facts, it is evident that actual notice to the
defendant in cases of this kind is not, under
the law, to be considered absolutely
necessary.
The idea upon which the law proceeds in
recognizing the efficacy of a means of
notification which may fall short of actual
notice is apparently this: Property is always
assumed to be in the possession of its owner,
in person or by agent; and he may be safely
held, under certain conditions, to be affected
with knowledge that proceedings have been
instituted for its condemnation and sale.
Did the failure of the clerk to send notice to
defendants last known address constitute
denial of due process?
The observations which have just been made
lead to the conclusion that the failure of the
clerk to mail the notice, if in fact he did so fail
in his duty, is not such an irregularity, as
amounts to a denial of due process of law; and
hence in our opinion that irregularity, if
proved, would not avoid the judgment in this
case. Notice was given by publication in a
newspaper and this is the only form of notice
which the law unconditionally requires. This
in our opinion is all that was absolutely
necessary to sustain the proceedings.
It will be observed that in considering the
effect of this irregularity, it makes a difference
whether it be viewed as a question involving
jurisdiction or as a question involving due
process of law. In the matter of jurisdiction
there can be no distinction between the much
and the little. The court either has jurisdiction
or it has not; and if the requirement as to the
mailing of notice should be considered as a
step antecedent to the acquiring of
jurisdiction, there could be no escape from
the conclusion that the failure to take that
step was fatal to the validity of the judgment.
In the application of the idea of due process of
law, on the other hand, it is clearly
unnecessary
to
be
so
rigorous.
The
jurisdiction being once established, all that

due process of law thereafter requires is an

opportunity for the defendant to be heard;
and as publication was duly made in the
newspaper,
it
would
seem
highly
unreasonable to hold that failure to mail the
notice was fatal. We think that in applying the
requirement of due process of law, it is
permissible to reflect upon the purposes of
the provision which is supposed to have been
violated and the principle underlying the
exercise
of
judicial
power
in
these
proceedings. Judge in the light of these
conceptions, we think that the provision of Act
of Congress declaring that no person shall be
deprived of his property without due process
of law has not been infringed.
SEC OF JUSTICE VS JUDGE RALPH
LANTION
Due Process
Mark Jimenez was charged of multiple crimes
ranging from tax evasion to wire tapping to
conspiracy to defraud the USA. Jimenez was
then wanted in the US. The US government,
pursuant to the RP-US extradition treaty
requested to have Jimenez be extradited
there. Jimenez requested for a copy of the
complaint against him as well as the
extradition request by the USA. The DOJ sec
refused to provide him copy thereof advising
that it is still premature to give him so and
that it is not a preliminary investigation hence
he is not entitled to receive such copies.
Jimenez sued the DOJ Sec and the lower court
ruled in favor of Jimenez.
ISSUE: Whether or not Jimenez is deprived of
due process.
HELD: The SC affirmed the ruling of the
lower court. The case against Jimenez refer to
an impending threat of deprivation of ones
property or property right. No less is this
true, but even more so in the case before us,
involving as it does the possible deprivation of
liberty, which, based on the hierarchy of
constitutionally protected rights, is placed
second only to life itself and enjoys
precedence over property, for while forfeited
property can be returned or replaced, the
time spent in incarceration is irretrievable
and beyond recompense.

SECRETARY OF JUSTICE v. LANTION

322 SCRA 160 (2000)
Nature: Petition for review of a decision of the
Manila RTC
FACTS:
On June 18, 1999 the Department of Justice
received from the Department of Foreign
Affairs a request for the extradition of private
respondent Mark Jimenez to the U.S. The
Grand Jury Indictment, the warrant for his
arrest, and other supporting documents for
said extradition were attached along with the
request. Charges include:
1. Conspiracy to commit offense or to defraud
the US
2. Attempt to evade or defeat tax
3. Fraud by wire, radio, or television
4. False statement or entries
5. Election contribution in name of another
The Department of Justice (DOJ), through a
designated
panel
proceeded
with
the
technical evaluation and assessment of the
extradition treaty which they found having
matters needed to be addressed. Respondent,
then requested for copies of all the documents
included in the extradition request and for
him to be given ample time to assess it.
The Secretary of Justice denied request on the
ff. grounds:
1. He found it premature to secure him copies
prior to the completion of the evaluation. At
that point in time, the DOJ is in the process of
evaluating whether the procedures and
requirements under the relevant law (PD
1069Philippine Extradition Law) and treaty
(RP-US Extradition Treaty) have been
complied with by the Requesting Government.
Evaluation by the DOJ of the documents is not
a preliminary investigation like in criminal
cases making the constitutionally guaranteed
rights of the accused in criminal prosecution
inapplicable.
2. The U.S. requested for the prevention of
unauthorized disclosure of the information in
the documents.

3. Finally, country is bound to Vienna

convention on law of treaties such that every
treaty in force is binding upon the parties.
The
respondent
filed
for
petition
of
mandamus, certiorari, and prohibition. The
RTC of NCR ruled in favor of the respondent.
Secretary of Justice was made to issue a copy
of the requested papers, as well as conducting
further proceedings.
ISSUES:
1. WON private is respondent entitled to the
two basic due process rights of notice and
hearing
Yes. 2(a) of PD 1086 defines extradition as
the removal of an accused from the
Philippines with the object of placing him at
the disposal of foreign authorities to enable
the requesting state or government to hold
him in connection with any criminal
investigation
directed
against
him
in
connection with any criminal investigation
directed against him or the execution of a
penalty imposed on him under the penal or
criminal law of the requesting state or
government. Although the inquisitorial
power exercised by the DOJ as an
administrative agency due to the failure of the
DFA to comply lacks any judicial discretion, it
primarily sets the wheels for the extradition
process which may ultimately result in the
deprivation of the liberty of the prospective
extradite. This deprivation can be effected at
two stages: The provisional arrest of the
prospective extradite pending the submission
of the request & the temporary arrest of the
prospective extradite during the pendency of
the extradition petition in court. Clearly,
theres an impending threat to a prospective
extraditees liberty as early as during the
evaluation
stage.
Because
of
such
consequences, the evaluation process is akin
to an administrative agency conducting an
investigative proceeding, the consequences of
which are essentially criminal since such
technical assessment sets off or commences
the procedure for & ultimately the deprivation
of liberty of a prospective extradite. In
essence, therefore, the evaluation process
partakes of the nature of a criminal
investigation. There are certain constitutional
rights that are ordinarily available only in

criminal prosecution. But the Court has ruled

in other cases that where the investigation of
an administrative proceeding may result in
forfeiture of life, liberty, or property, the
administrative
proceedings
are deemed
criminal or penal, & such forfeiture partakes
the nature of a penalty. In the case at bar,
similar to a preliminary investigation, the
evaluation
stage
of
the
extradition
proceedings which may result in the filing of
an information against the respondent, can
possibly lead to his arrest, & to the
deprivation of his liberty. Thus, the extraditee
must be accorded due process rights of notice
& hearing according to A3 14(1) & (2), as
well as A3 7the right of the people to
information on matters of public concern &
the corollary right to access to official records
& documents
The court held that the evaluation process
partakes of the nature of a criminal
investigation, having consequences which will
result in deprivation of liberty of the
prospective extradite. A favorable action in an
extradition request exposes a person to
eventual extradition to a foreign country, thus
exhibiting the penal aspect of the process.
The evaluation process itself is like a
preliminary
investigation
since
both
procedures may have the same result the
arrest and imprisonment of the respondent.
The basic rights of notice & hearing are
applicable in criminal, civil & administrative
proceedings. Non-observance of these rights
will invalidate the proceedings. Individuals
are entitled to be notified of any pending case
affecting their interests, & upon notice, may
claim the right to appear therein & present
their side.
Rights to notice and hearing: Dispensable in 3
cases:
a. When there is an urgent need for
immediate action (preventive suspension in
administrative charges, padlocking filthy
restaurants, cancellation of passport).
b.
Where
there
is
tentativeness
of
administrative action, & the respondent isnt
prevented from enjoying the right to notice &
hearing at a later time (summary distraint &

levy of the property of a delinquent taxpayer,

replacement of an appointee)
c. Twin rights have been offered, but the right
to exercise them had not been claimed.
2. WON this entitlement constitutes a breach
of the legal commitments and obligation of
the Philippine Government under the RP-US
Treaty?
No. The U.S. and the Philippines share mutual
concern
about
the
suppression
and
punishment of crime in their respective
jurisdictions. Both states accord common due
process protection to their respective citizens.
The administrative investigation doesnt fall
under the three exceptions to the due process
of notice and hearing in the Sec. 3 Rules 112
of the Rules of Court.
3. WON theres any conflict between private
respondents basic due process rights &
provisions of RP-US Extradition treaty

RULING:

No.
Doctrine
of
incorporation
under
international law, as applied in most
countries, decrees that rules of international
law are given equal standing with, but are not
superior to national legislative acts. Treaty
can repeal statute and statute can repeal
treaty. No conflict. Veil of secrecy is lifted
during trial. Request should impose veil at
any stage.
Judgment: Petition dismissed for lack of merit.
Kapunan, separate concurring opinion: While
the evaluation process conducted by the DOJ
is not exactly a preliminary investigation of
criminal cases, it is akin to a preliminary
investigation because it involves the basic
constitutional rights of the person sought to
be extradited. A person ordered extradited is
arrested, forcibly taken from his house,
separated from his family and delivered to a
foreign state. His rights of abode, to privacy,
liberty and pursuit of happiness are taken
away from hima fate as harsh and cruel as a
conviction of a criminal offense. For this
reason, he is entitled to have access to the
evidence against him and the right to
controvert them.

Puno, dissenting: Case at bar does not involve

guilt or innocence of an accused but the
interpretation of an extradition treaty where
at stake is our governments international
obligation to surrender to a foreign state a
citizen of its own so he can be tried for an
alleged offense committed within that
jurisdiction.

administrative due process:

cases:
SERRANO VS NLRC / ISETANN
FACTS:
Serrano was a regular employee of Isetann
Department Store as the head of Security
Checker. In 1991, as a cost-cutting measure,
Isetann phased out its entire security section
and engaged the services of an independent
security agency. Petitioner filed a complaint
for illegal dismissal among others. Labor
arbiter ruled in his favor as Isetann failed to
establish that it had retrenched its security
section to prevent or minimize losses to its
business; that private respondent failed to
accord due process to petitioner; that private
respondent failed to use reasonable standards
in selecting employees whose employment
would be terminated. NLRC reversed the
decision and ordered petitioner to be given
separation pay.
ISSUE:
Whether or not the hiring of an independent
security agency by the private respondent to
replace its current security section a valid
ground for the dismissal of the employees
classed under the latter.
RULING:
An employers good faith in implementing a
redundancy program is not necessarily put in
doubt by the availment of the services of an
independent contractor to replace the
services of the terminated employees to
promote economy and efficiency. Absent proof
that management acted in a malicious or
arbitrary manner, the Court will not interfere
with the exercise of judgment by an employer.

If termination of employment is not for any of

the cause provided by law, it is illegal and the
employee should be reinstated and paid
backwages. To contend that even if the
termination is for a just cause, the employee
concerned should be reinstated and paid
backwages would be to amend Art 279 by
adding another ground for considering
dismissal illegal.
If it is shown that the employee was dismissed
for any of the causes mentioned in Art 282,
the in accordance with that article, he should
not be reinstated but must be paid backwages
from the time his employment was terminated
until it is determined that the termination of
employment is for a just cause because the
failure to hear him before he is dismissed
renders the termination without legal effect.
ANG TIBAY VS COURT OF INDUSTRIAL
RELATIONS
Due Process Admin Bodies CIR
TeodoroToribio owns and operates Ang Tibay
a leather company which supplies the
Philippine Army. Due to alleged shortage of
leather, Toribio caused the lay off of members
of National Labor Union Inc. NLU averred
that Toribios act is not valid as it is not within
the CBA. That there are two labor unions in
Ang Tibay; NLU and National Workers
Brotherhood. That NWB is dominated by
Toribio hence he favors it over NLU. That NLU
wishes for a new trial as they were able to
come up with new evidence/documents that
they were not able to obtain before as they
were inaccessible and they were not able to
present it before in the CIR.
ISSUE: Whether or not there has been a due
process of law.
HELD: The SC ruled that there should be a
new trial in favor of NLU. The SC ruled that
all administrative bodies cannot ignore or
disregard the fundamental and essential
requirements of due process. They are;
(1)
The right to a hearing which includes
the right of the party interested or affected to
present his own case and submit evidence in
support thereof.

(2)
Not only must the party be given an
opportunity to present his case and to adduce
evidence tending to establish the rights which
he asserts but the tribunal must consider the
evidence presented.
(3)
While the duty to deliberate does not
impose the obligation to decide right, it does
imply
a
necessity
which
cannot
be
disregarded, namely, that of having something
to support its decision. A decision with
absolutely nothing to support it is a nullity, a
place when directly attached.
(4)
Not only must there be some evidence
to support a finding or conclusion but the
evidence must be substantial. Substantial
evidence is more than a mere scintilla It
means such relevant evidence as a reasonable
mind might accept as adequate to support a
conclusion.
(5)
The decision must be rendered on the
evidence presented at the hearing, or at least
contained in the record and disclosed to the
parties affected.
(6)
The Court of Industrial Relations or any
of its judges, therefore, must act on its or his
own independent consideration of the law and
facts of the controversy, and not simply accept
the views of a subordinate in arriving at a
decision.
(7)
The Court of Industrial Relations
should, in all controversial questions, render
its decision in such a manner that the parties
to the proceeding can know the vario issues
involved, and the reasons for the decisions
rendered. The performance of this duty is
inseparable from the authority conferred upon
it.
MACIAS V. COMELEC
FACTS:
Petitioners are four members of the House of
Representatives
from
Negros
Oriental,
Misamis Oriental and Bulacan, and the
provincial Governor of Negros Oriental. They
are requesting that the respondent officials be
prevented to implement RA 3040, an act that

apportions representative districts in the

country. They alleged that their respective
provinces were discriminated because they
were given less representation. Furthermore,
they allege that RA 3040 is unconstitutional
and void because:
1. It was passed without printed final copies
which must be furnished to the members of
the HOR at least 3 calendar days prior to
passage
2. It was approved more than 3 years after the
return of the last census of the population
3. It apportioned districts without regard to
the number of inhabitants of the several
provinces.
Respondents Comelec and Vicente Gella
(National Treasurer) contend that they
1. were merely complying with their duties
under the statute which they presume and
allege to be constitutional
2. petitioners have no personality to bring
such action
ISSUES:
1. Whether or not the petitioners have the
personality to bring such action.
2. Whether or not the act conformed to the
printed form and 3 day requirement.
3. Whether or not the act of apportionment is
within the 3 year requirement.
4. Whether or not the apportionment of
members of the HOR is valid.
HELD: The petitioners as voters and as
congressmen and governor of the aggrieved
provinces have the personality to sue. The
passage of the act did not conform to the
printed-form and the 3 day requirement, and
that there is no certificate of urgency from the
President was received by the HO. The
requirement that the apportionment must be
done within 3 year following the last census is
complied
with.
The
apportionment
of
members of the HOR is not valid because it is
not based on the number of inhabitants a
province has. Some provinces were given
more representation despite the inferior in
number of inhabitants. The Court held that RA
3040 infringed the provisions of the
Constitution and is therefore void.

SUBSTANTIVE DUE PROCESS

cases:
UNITED STATES VS. LUIS TORIBIO
Police Power
Sometime in the 1900s, Toribio applied for a
license to have his carabao be slaughtered.
His request was denied because his carabao is
found not to be unfit for work. He
nevertheless slaughtered his carabao without
the necessary license. He was eventually sued
and was sentenced by the trial court. His
counsel in one way or the other argued that
the law mandating that one should acquire a
permit to slaughter his carabao is not a valid
exercise of police power.
ISSUE: Whether or not the said law is valid.
HELD: The SC ruled against Toribio. The SC
explained that it is not a taking of the
property for public use, within the meaning of
the constitution, but is a just and legitimate
exercise of the power of the legislature to
regulate and restrain such particular use of
the property as would be inconsistent with or
injurious to the rights of the publics. All
property is acquired and held under the tacit
condition that it shall not be so used as to
injure the equal rights of others or greatly
impair the public rights and interests of the
community.
CITY OF MANILA MAYOR ALFREDO LIM
v. JUDGE LAGUIO & MTDC
Facts:
The petitioners seek to reverse the
ruling of the ruling of the RTC regarding the
unconstitutionality of Ordinance No. 7783
which
is
entitledAN
ORDINANCE
PROHIBITING THE ESTABLISHMENT OR
OPERATION OF BUSINESSES PROVIDING
CERTAIN
FORMS
OF
AMUSEMENT,
ENTERTAINMENT,
SERVICES
AND
FACILITIES IN THE ERMITA-MALATE AREA,
PRESCRIBING PENALTIES FOR VIOLATION
THEREOF, AND FOR OTHER PURPOSES.
Private
respondent,
Malate
Tourist
Development Corporation (MTDC), contends
that the City Council has no power to prohibit

the operation of motels and that the

Ordinance does not constitute a proper
exercise of police power as the compulsory
closure of the motel business has no
reasonable
relation
to
the
legitimate
municipal interests sought to be protected.
The petitioners, on the other hand, argues
that the City Council had the power to
"prohibit certain forms of entertainment in
order to protect the social and moral welfare
of the community" [Section 458 (a) 4 (vii) of
the Local Government Code] and that the
Ordinance was enacted by the City Council of
Manila to protect the social and moral welfare
of the community in conjunction with its
police powers [Article III, Section 18(kk) of
Republic Act No. 409].
Judge Laguio issued an ex-parte temporary
restraining order against the enforcement of
the Ordinance. He also granted the writ of
preliminary injunction prayed for by MTDC.
Hence, the appeal by the petitioners.
Issue: Whether or not the Ordinance No.
7783 is constitutional
Held: NO
There is a clear invasion of personal or
property rights, personal in the case of those
individuals desirous of owning, operating and
patronizing those motels and property in
terms of the investments made and the
salaries to be paid to those therein employed.
If the City of Manila so desires to put an end
to prostitution, fornication and other social
ills, it can instead impose reasonable
regulations such as daily inspections of the
establishments for any violation of the
conditions of their licenses or permits; it may
exercise its authority to suspend or revoke
their licenses for these violations; and it may
even impose increased license fees. In other
words, there are other means to reasonably
accomplish the desired end.
Police power legislation of such
character deserves the full endorsement of we
reiterate our support for it. But inspite of
its the judiciary
virtuous aims, the
enactment of the Ordinance has no statutory
or constitutional authority to stand on. Local

legislative bodies, in this case, the City

Council, cannot prohibit the operation of the
enumerated establishments or order their
transfer or conversion without infringing the
constitutional guarantees not even under the
guise of due process and equal protection of
laws of police power.
The petition is DENIED and the
decision of the Regional Trial Court declaring
the ordinance void is AFFIRMED.
YNOT VS. IAC
G.R. No. 74457, March 20, 1987
MINIMUM
REQUIREMENTS
OF
PROCEDURAL DUE PROCESS: (1) notice; (2)
hearing; exceptions
SUBSTANTIVE DUE PROCESS: (1) public
interest requires government interference; (2)
reasonable
means
necessary
for
the
accomplishment of the purpose
FACTS:
Petitioners 6 carabaos were confiscated by
the police for having been transported from
Masbate to Iloilo in violation of EO 626-A. He
brought an action for replevin, challenging
the constitutionality of said EO. The trial court
sustained the confiscation of the animals and
declined to rule on the validity of the law on
the ground that it lacked authority to do so.
Its decision was affirmed by the IAC. Hence
this petition for review.
ISSUE:
Whether or not the confiscation of the
carabaos amounted to arbitrary confiscation
of property without due process of law
RULING:
Minimum Requirements
Notice and Hearing

of

Due

Process:

The minimum requirements of due process

are notice and hearing which, generally
speaking, may not be dispensed with because
they are intended as a safeguard against
official arbitrariness. It is a gratifying
commentary on our judicial system that the
jurisprudence of this country is rich with
applications of this guaranty as proof of our
fealty to the rule of law and the ancient

rudiments of fair play. We have consistently

declared that every person, faced by the
awesome power of the State, is entitled to
"the law of the land," which Daniel Webster
described almost two hundred years ago in
the famous Dartmouth College Case, as "the
law which hears before it condemns, which
proceeds upon inquiry and renders judgment
only after trial." It has to be so if the rights of
every person are to be secured beyond the
reach of officials who, out of mistaken zeal or
plain arrogance, would degrade the due
process clause into a worn and empty
catchword.
Exceptions to Notice and Hearing
This is not to say that notice and hearing are
imperative in every case for, to be sure, there
are a number of admitted exceptions. The
conclusive presumption, for example, bars the
admission of contrary evidence as long as
such presumption is based on human
experience or there is a rational connection
between the fact proved and the fact
ultimately presumed therefrom. There are
instances when the need for expeditions
action will justify omission of these requisites,
as in the summary abatement of a nuisance
per se, like a mad dog on the loose, which
may be killed on sight because of the
immediate danger it poses to the safety and
lives of the people. Pornographic materials,
contaminated meat and narcotic drugs are
inherently pernicious and may be summarily
destroyed. The passport of a person sought
for a criminal offense may be cancelled
without hearing, to compel his return to the
country he has fled. Filthy restaurants may be
summarily padlocked in the interest of the
public health and bawdy houses to protect the
public morals. In such instances, previous
judicial hearing may be omitted without
violation of due process in view of the nature
of the property involved or the urgency of the
need to protect the general welfare from a
clear and present danger.
Due Process is a Restraint on Police Power
The protection of the general welfare is the
particular function of the police power which
both restraints and is restrained by due

process. The police power is simply defined as

the power inherent in the State to regulate
liberty and property for the promotion of the
general welfare. By reason of its function, it
extends to all the great public needs and is
described as the most pervasive, the least
limitable and the most demanding of the three
inherent powers of the State, far outpacing
taxation and eminent domain. The individual,
as a member of society, is hemmed in by the
police power, which affects him even before
he is born and follows him still after he is
dead from the womb to beyond the tomb in
practically everything he does or owns. Its
reach is virtually limitless. It is a ubiquitous
and often unwelcome intrusion. Even so, as
long as the activity or the property has some
relevance to the public welfare, its regulation
under the police power is not only proper but
necessary. And the justification is found in the
venerable Latin maxims, Salus populi est
suprema lex and Sic utere tuo ut alienum non
laedas, which call for the subordination of
individual interests to the benefit of the
greater number.
First Requisite of Substantive Due Process:
Interests of the Public Generally Require
Interference
xxx we hold with the Toribio Case that the
carabao, as the poor man's tractor, so to
speak, has a direct relevance to the public
welfare and so is a lawful subject of Executive
Order No. 626. The method chosen in the
basic measure is also reasonably necessary
for the purpose sought to be achieved and not
unduly oppressive upon individuals, again
following the above-cited doctrine. There is no
doubt that by banning the slaughter of these
animals except where they are at least seven
years old if male and eleven years old if
female upon issuance of the necessary permit,
the executive order will be conserving those
still fit for farm work or breeding and
preventing their improvident depletion.
Second Requisite of Substantive Due Process:
Reasonable
Means
Necessary
for
the
Accomplishment of Purpose, not Unduly
Oppressive Upon Individuals

But while conceding that the amendatory

measure has the same lawful subject as the
original executive order, we cannot say with
equal certainty that it complies with the
second requirement, viz., that there be a
lawful method. We note that to strengthen the
original measure, Executive Order No. 626-A
imposes an absolute ban not on the slaughter
of the carabaos but on their movement,
providing that "no carabao regardless of age,
sex, physical condition or purpose (sic) and no
carabeef shall be transported from one
province to another." The object of the
prohibition escapes us. The reasonable
connection between the means employed and
the purpose sought to be achieved by the
questioned measure is missing
We do not see how the prohibition of the interprovincial transport of carabaos can prevent
their indiscriminate slaughter, considering
that they can be killed anywhere, with no less
difficulty in one province than in another.
Obviously, retaining the carabaos in one
province will not prevent their slaughter
there, any more than moving them to another
province will make it easier to kill them there.
As for the carabeef, the prohibition is made to
apply to it as otherwise, so says executive
order, it could be easily circumvented by
simply killing the animal. Perhaps so.
However, if the movement of the live animals
for the purpose of preventing their slaughter
cannot be prohibited, it should follow that
there is no reason either to prohibit their
transfer as, not to be flippant dead meat.
Even if a reasonable relation between the
means and the end were to be assumed, we
would still have to reckon with the sanction
that the measure applies for violation of the
prohibition.
The
penalty
is
outright
confiscation of the carabao or carabeef being
transported, to be meted out by the executive
authorities, usually the police only. In the
Toribio Case, the statute was sustained
because the penalty prescribed was fine and
imprisonment, to be imposed by the court
after trial and conviction of the accused.
Under the challenged measure, significantly,
no such trial is prescribed, and the property
being transported is immediately impounded
by the police and declared, by the measure
itself, as forfeited to the government.

EO 626-A is unconstitutional
In the instant case, the carabaos were
arbitrarily confiscated by the police station
commander, were returned to the petitioner
only after he had filed a complaint for
recovery and given a supersedeas bond of
P12,000.00, which was ordered confiscated
upon his failure to produce the carabaos when
ordered by the trial court. The executive
order defined the prohibition, convicted the
petitioner
and
immediately
imposed
punishment, which was carried out forthright.
The measure struck at once and pounced
upon the petitioner without giving him a
chance to be heard, thus denying him the
centuries-old guaranty of elementary fair play.
It has already been remarked that there are
occasions when notice and hearing may be
validly dispensed with notwithstanding the
usual requirement for these minimum
guarantees of due process. It is also conceded
that summary action may be validly taken in
administrative proceedings as procedural due
process is not necessarily judicial only. In the
exceptional cases accepted, however, there is
a justification for the omission of the right to a
previous hearing, to wit, the immediacy of the
problem sought to be corrected and the
urgency of the need to correct it.
In the case before us, there was no such
pressure of time or action calling for the
petitioner's
peremptory
treatment.
The
properties involved were not even inimical per
se as to require their instant destruction.
There certainly was no reason why the offense
prohibited by the executive order should not
have been proved first in a court of justice,
with the accused being accorded all the rights
safeguarded to him under the Constitution.
Considering that, as we held in Pesigan v.
Angeles, Executive Order No. 626-A is penal
in nature, the violation thereof should have
been pronounced not by the police only but by
a court of justice, which alone would have had
the authority to impose the prescribed
penalty, and only after trial and conviction of
the accused.
We also mark, on top of all this, the
questionable manner of the disposition of the

confiscated property as prescribed in the

questioned executive order. It is there
authorized that the seized property shall "be
distributed to charitable institutions and other
similar institutions as the Chairman of the
National Meat Inspection Commission may
see fit, in the case of carabeef, and to
deserving farmers through dispersal as the
Director of Animal Industry may see fit, in the
case of carabaos." (Emphasis supplied.) The
phrase "may see fit" is an extremely generous
and dangerous condition, if condition it is. It
is laden with perilous opportunities for
partiality and abuse, and even corruption.
One searches in vain for the usual standard
and the reasonable guidelines, or better still,
the limitations that the said officers must
observe when they make their distribution.
There is none. Their options are apparently
boundless. Who shall be the fortunate
beneficiaries of their generosity and by what
criteria shall they be chosen? Only the officers
named can supply the answer, they and they
alone may choose the grantee as they see fit,
and in their own exclusive discretion.
Definitely,
there
is
here
a
"roving
commission," a wide and sweeping authority
that is not "canalized within banks that keep it
from overflowing," in short, a clearly
profligate and therefore invalid delegation of
legislative powers.
To sum up then, we find that the challenged
measure is an invalid exercise of the police
power because the method employed to
conserve the carabaos is not reasonably
necessary to the purpose of the law and,
worse, is unduly oppressive. Due process is
violated because the owner of the property
confiscated is denied the right to be heard in
his defense and is immediately condemned
and punished. The conferment on the
administrative authorities of the power to
adjudge the guilt of the supposed offender is a
clear encroachment on judicial functions and
militates against the doctrine of separation of
powers. There is, finally, also an invalid
delegation of legislative powers to the officers
mentioned therein who are granted unlimited
discretion in the distribution of the properties
arbitrarily taken. For these reasons, we
hereby declare Executive Order No. 626-A
unconstitutional.

YNOT v. IAC
Police Power Not Validly Exercised
There had been an existing law which
prohibited the slaughtering of carabaos (EO
626). To strengthen the law, Marcos issued
EO 626-A which not only banned the
movement of carabaos from interprovinces
but as well as the movement of carabeef. On
13 Jan 1984, Ynot was caught transporting 6
carabaos from Masbate to Iloilo. He was then
charged in violation of EO 626-A. Ynot
averred EO 626-A as unconstitutional for it
violated his right to be heard or his right to
due process. He said that the authority
provided by EO 626-A to outrightly confiscate
carabaos even without being heard is
unconstitutional. The lower court ruled
against Ynot ruling that the EO is a valid
exercise of police power in order to promote
general welfare so as to curb down the
indiscriminate slaughter of carabaos.
ISSUE: Whether or not the law is valid.
HELD: The SC ruled that the EO is not valid
as it indeed violates due process. EO 626-A
ctreated a presumption based on the
judgment of the executive. The movement of
carabaos from one area to the other does not
mean a subsequent slaughter of the same
would ensue. Ynot should be given to defend
himself and explain why the carabaos are
being transferred before they can be
confiscated. The SC
found that the
challenged measure is an invalid exercise of
the police power because the method
employed to conserve the carabaos is not
reasonably necessary to the purpose of the
law and, worse, is unduly oppressive. Due
process is violated because the owner of the
property confiscated is denied the right to be
heard in his defense and is immediately
condemned and punished. The conferment on
the administrative authorities of the power to
adjudge the guilt of the supposed offender is a
clear encroachment on judicial functions and
militates against the doctrine of separation of
powers. There is, finally, also an invalid
delegation of legislative powers to the officers
mentioned therein who are granted unlimited
discretion in the distribution of the properties
arbitrarily taken.

LUPANGO v. CA
FACTS: PRC issued a resolution directing
that no examinee for the CPA Board Exam
shall attend any review class, briefing,
conference or the like conducted by, or shall
receive any hand-out, review material, or any
tip from any school, college or university, or
any review center or the like or any reviewer,
lecturer, instructor official or employee of any
of the aforementioned or similars institutions
during the 3 days immediately proceeding
every examination day including examination
day.
HELD: Such resolution is unreasonable. The
unreasonableness is more obvious in that one
who is caught committing the prohibited acts
even without any ill motives will be barred
from taking future examinations conducted by
the respondent PRC. Furthermore, it is
inconceivable how the Commission can
manage to have a watchful eye on each and
every examinee during the three days before
the examination period.
Administrative authorities should not act
arbitrarily and capriciously in the issuance of
rules and regulations. To be valid, such
rules and regulations must be reasonable
and fairly adapted to the end in view. If
shown to bear no reasonable relation to the
purposes for which they are authorized to be
issued, then they must be held to be invalid.
PRC has no authority to dictate on the
reviewees as to how they should prepare
themselves for the licensure examinations, as
this will infringe n the examinees right to
libery.
Such resolution also violates the academic
freedom of the schools concerned. The
enforcement of Resolution No. 105 is not a
guarantee that the alleged leakages in the
licensure examinations will be eradicated or
at least minimized. What is needed to be done
by the respondent is to find out the source of
such leakages and stop it right there.
BALACUIT v. CFI
FACTS:

At issue in the petition for review before Us is

the validity and constitutionality of Ordinance
No. 640 passed by the Municipal Board of the
City of Butuan on April 21, 1969, the title and
text of which are reproduced below
ORDINANCE PENALIZING ANY PERSON,
GROUP
OF
PERSONS,
ENTITY
OR
CORPORATION
ENGAGED
IN
THE
BUSINESS
OF
SELLING
ADMISSION
TICKETS TO ANY MOVIE OR OTHER PUBLIC
EXHIBITIONS, GAMES, CONTESTS OR
OTHER PERFORMANCES TO REQUIRE
CHILDREN BETWEEN SEVEN (7) AND
TWELVE (12) YEARS OF AGE TO PAY FULL
PAYMENT FOR TICKETS INTENDED FOR
ADULTS BUT SHOULD CHARGE ONLY ONEHALF OF THE SAID TICKET
Petitioners are Carlos Balacuit Lamberto Tan,
and Sergio Yu Carcel managers of the
theaters and they attack the validity and
constitutionality of Ordinance No. 640 on the
grounds that it is ultra vires and an invalid
exercise of police power.
ISSUE:
Does this power to regulate include the
authority to interfere in the fixing of prices of
admission to these places of exhibition and
amusement whether under its general grant
of power or under the general welfare clause
as invoked by the City?
RULING:
No, the power to regulate and fix the amount
of license fees for theaters and other places of
amusement has been expressly granted to the
City of Butuan under its charter.
However, the ordinance is not justified by any
necessity for the public interest. The police
power legislation must be firmly grounded on
public interest and welfare, and a reasonable
relation must exist between purposes and
means.
The evident purpose of the ordinance is to
help ease the burden of cost on the part of
parents who have to shell out the same
amount of money for the admission of their
children. A reduction in the price of admission
would mean corresponding savings for the
parents; however, the petitioners are the ones
made to bear the cost of these savings.
The ordinance does not only make the
petitioners suffer the loss of earnings but it

likewise penalizes them for failure to comply

with it.
The ordinance does not provide a safeguard
against this undesirable practice and as such,
the respondent City of Butuan now suggests
that birth certificates be exhibited by movie
house patrons to prove the age of children.
This is, however, not at all practicable. We can
see that the ordinance is clearly unreasonable
if not unduly oppressive upon the business of
petitioners.
Further, there is no discernible relation
between the ordinance and the promotion of
public health, safety, morals and the general
welfare.
Furthermore, there is nothing pernicious in
demanding equal price for both children and
adults. The petitioners are merely conducting
their legitimate businesses. The object of
every business entrepreneur is to make a
profit out of his venture. In fact, no person is
under compulsion to purchase a ticket. It is a
totally voluntary act on the part of the
purchaser if he buys a ticket to such
performances
Ordinance No. 640 clearly invades the
personal and property rights of petitioners
WHEREFORE, a new judgment is hereby
rendered declaring Ordinance No. 640
unconstitutional and, therefore, null and void.

EQUAL PROTECTION CLAUSE

cases:
INT'L. SCHOOL ALLIANCE VS.
QUISUMBING [333 SCRA 13; G.R. NO.
128845; 1 JUN 2000]
FACTS:
Receiving salaries less than their counterparts
hired abroad, the local-hires of private
respondent School, mostly Filipinos, cry
discrimination. We agree. That the local-hires
are paid more than their colleagues in other
schools is, of course, beside the point. The
point is that employees should be given equal
pay for work of equal value.
Private respondent International School, Inc.
(the
School,
for
short),
pursuant
to
Presidential Decree 732, is a domestic

educational institution established primarily

for
dependents
of
foreign
diplomatic
personnel and other temporary residents. To
enable the School to continue carrying out its
educational program and improve its standard
of instruction, Section 2(c) of the same decree
authorizes the School to employ its own
teaching and management personnel selected
by it either locally or abroad, from Philippine
or other nationalities, such personnel being
exempt from otherwise applicable laws and
regulations attending their employment,
except laws that have been or will be enacted
for the protection of employees.
Accordingly, the School hires both foreign and
local teachers as members of its faculty,
classifying the same into two: (1) foreign-hires
and (2) local-hires.
The School grants foreign-hires certain
benefits not accorded local-hires. These
include housing, transportation, shipping
costs, taxes, and home leave travel allowance.
Foreign-hires are also paid a salary rate
twenty-five percent (25%) more than localhires. The School justifies the difference on
two "significant economic disadvantages"
foreign-hires have to endure, namely: (a) the
"dislocation factor" and (b) limited tenure.
ISSUE:
Whether or Not the grants provided by the
school to foreign hires and not to local hires
discriminative of their constitutional right to
the equal protection clause.
RULING:
The
foregoing
provisions
impregnably
institutionalize in this jurisdiction the long
honored legal truism of "equal pay for equal
work." Persons who work with substantially
equal
qualifications,
skill,
effort
and
responsibility,
under
similar
conditions,
should be paid similar salaries. This rule
applies to the School, its "international
character" notwithstanding.
The School contends that petitioner has not
adduced evidence that local-hires perform
work equal to that of foreign-hires. The Court
finds this argument a little cavalier. If an
employer accords employees the same

position and rank, the presumption is that

these employees perform equal work. This
presumption is borne by logic and human
experience. If the employer pays one
employee less than the rest, it is not for that
employee to explain why he receives less or
why the others receive more. That would be
adding insult to injury. The employer has
discriminated against that employee; it is for
the employer to explain why the employee is
treated unfairly.
While we recognize the need of the School to
attract foreign-hires, salaries should not be
used as an enticement to the prejudice of
local-hires. The local-hires perform the same
services as foreign-hires and they ought to be
paid the same salaries as the latter. For the
same reason, the "dislocation factor" and the
foreign-hires' limited tenure also cannot serve
as valid bases for the distinction in salary
rates.
The Constitution enjoins the State to "protect
the rights of workers and promote their
welfare," "to afford labor full protection." The
State, therefore, has the right and duty to
regulate the relations between labor and
capital. These relations are not merely
contractual but are so impressed with public
interest that labor contracts, collective
bargaining agreements included, must yield
to the common good. Should such contracts
contain stipulations that are contrary to
public policy, courts will not hesitate to strike
down these stipulations.
In this case, we find the point-of-hire
classification employed by respondent School
to justify the distinction in the salary rates of
foreign-hires and local hires to be an invalid
classification.
There
is
no
reasonable
distinction between the services rendered by
foreign-hires and local-hires.
Wherefore, the petition is given due course.
The petition is hereby granted in part. The
orders of the secretary of labor and
employment dated June 10, 1996 and march
19, 1997, are hereby reversed and set aside
insofar as they uphold the practice of
respondent school of according foreign-hires
higher salaries than local-hires.

FARINAS VS EXECUTIVE SECRETARY

GR No.147387
December 10,2003
FACTS:
Before the court is a petition to declare as
unconstitutional Sec.14 of RA 9006 (The fair
election act) insofar as it expressly repeals
Sec.67 of BP 881 (The Omnibus Election
Code) filed by Farinas et al, minority members
of the minority bloc in the HR. Impleaded as
respondents are the Executive sec, Speaker of
the House etal.
ISSUE:
1.
WON the effectivity clause which states
This Act shall take effect upon its approval
(Sec.16) is a violation of the due process
clause of the Constitution
RULING:
1.
An effectivity clause which provides
that the law shall take immediately upon its
approval is defective, but it does not render
the entire law invalid, the law shall take effect
fiftten days after its publication in the OG or
newspaper of general circulation. In Tanada
vs Tuvera, the court laid down the rule: The
clause, unless otherwise provided refers to
the date of effectivity and not to the
requirement
of
publication
itself
Publication is indispensable in every case..
PEOPLE VS. JALOSJOS
G.R. NO. 132875-76, FEBRUARY 3, 2000
FACTS:
The accused-appellant, Romeo Jalosjos, is a
full-fledged member of Congress who is
confined at the national penitentiary while his
conviction for statutory rape and acts of
lasciviousness
is pending
appeal. The
accused-appellant filed a motion asking that
he be allowed to fully discharge the duties of
a Congressman, including attendance at
legislative sessions and committee meetings
despite his having been convicted in the first
instance of a non-bailable offense on the basis
of popular sovereignty and the need for his
constituents to be represented.

ISSUE:
Whether or not accused-appellant should be
allowed to discharge mandate as member of
House of Representatives
RULING:
Election is the expression of the sovereign
power of the people. However, inspite of its
importance, the privileges and rights arising
from having been elected may be enlarged or
restricted by law.
The immunity from arrest or detention of
Senators and members of the House of
Representatives arises from a provision of the
Constitution. The privilege has always been
granted in a restrictive sense. The provision
granting an exemption as a special privilege
cannot be extended beyond the ordinary
meaning of its terms. It may not be extended
by intendment, implication or equitable
considerations.
The accused-appellant has not given any
reason why he should be exempted from the
operation of Sec. 11, Art. VI of the
Constitution. The members of Congress
cannot compel absent members to attend
sessions if the reason for the absence is a
legitimate one. The confinement of a
Congressman
charged
with
a
crime
punishable by imprisonment of more than six
years is not merely authorized by law, it has
constitutional foundations. To allow accusedappellant to attend congressional sessions
and committee meetings for 5 days or more in
a week will virtually make him a free man
with all the privileges appurtenant to his
position. Such an aberrant situation not only
elevates accused-appellants status to that of
a special class, it also would be a mockery of
the purposes of the correction system.
ORMOC SUGAR COMPANY INC. VS
ORMOC CITY ET AL
Equal Protection
FACTS:
In 1964, Ormoc City passed a bill which read:
There shall be paid to the City Treasurer on
any and all productions of centrifugal sugar

milled at the Ormoc Sugar Company

Incorporated, in Ormoc City a municipal tax
equivalent to one per centum (1%) per export
sale to the United States of America and other
foreign countries. Though referred to as a
production tax, the imposition actually
amounts to a tax on the export of centrifugal
sugar produced at Ormoc Sugar Company,
Inc. For production of sugar alone is not
taxable; the only time the tax applies is when
the sugar produced is exported. Ormoc Sugar
paid the tax (P7,087.50) in protest averring
that the same is violative of Sec 2287 of the
Revised Administrative Code which provides:
It shall not be in the power of the municipal
council to impose a tax in any form whatever,
upon goods and merchandise carried into the
municipality, or out of the same, and any
attempt to impose an import or export tax
upon such goods in the guise of an
unreasonable charge for wharfage, use of
bridges or otherwise, shall be void. And that
the ordinance is violative to equal protection
as it singled out Ormoc Sugar As being liable
for such tax impost for no other sugar mill is
found in the city.
ISSUE:
Whether or not there has been a violation of
equal protection.
HELD:
The SC held in favor of Ormoc Sugar. The SC
noted that even if Sec 2287 of the RAC had
already been repealed by a latter statute (Sec
2 RA 2264) which effectively authorized LGUs
to tax goods and merchandise carried in and
out of their turf, the act of Ormoc City is still
violative of equal protection. The ordinance is
discriminatory for it taxes only centrifugal
sugar produced and exported by the Ormoc
Sugar Company, Inc. and none other. At the
time of the taxing ordinances enactment,
Ormoc Sugar Company, Inc., it is true, was
the only sugar central in the city of Ormoc.
Still, the classification, to be reasonable,
should be in terms applicable to future
conditions as well. The taxing ordinance
should not be singular and exclusive as to
exclude any subsequently established sugar
central, of the same class as plaintiff, from the
coverage of the tax. As it is now, even if later
a similar company is set up, it cannot be

subject to the tax because the ordinance

expressly points only to Ormoc Sugar
Company, Inc. as the entity to be levied upon.
TRILLANES IV VS. PIMENTEL
G.R. No. 179817, June 27, 2008
Election to Congress is not a reasonable
classification in criminal law enforcement as
the functions and duties of the office are not
substantial distinctions which lift one from the
class of prisoners interrupted in their freedom
and restricted in liberty of movement.
Justification
for
confinement
with
its
underlying rationale of public self-defense
applies equally to detention prisoners like
petitioner or convicted prisoners-appellants
like Jalosjos.
FACTS:
Petitioner Trillanes IV is on trial for coup
detat in relation to the Oakwood Incident.
In the 2007 elections, he won a seat in the
Senate with a six-year term commencing at
noon on June 30, 2007. Petitioner now asks
the Court that he be allowed to attend all
official functions of the Senate, alleging
mainly that his case is distinct from that of
Jalosjos as his case is still pending resolution
whereas that in the Jalosjos case, there was
already conviction.
ISSUE:
Whether or not valid classification between
petitioner and Jalosjos exists
RULING:
The petition is bereft of merit.
In attempting to strike a distinction between
his case and that of Jalosjos, petitioner chiefly
points out that former Rep. Romeo Jalosjos
(Jalosjos) was already convicted, albeit his
conviction was pending appeal, when he filed
a motion similar to petitioner's Omnibus
Motion, whereas he (petitioner) is a mere
detention prisoner. He asserts that he
continues to enjoy civil and political rights
since the presumption of innocence is still in
his favor.

Further, petitioner illustrates that Jalosjos was

charged
with
crimes
involving
moral
turpitude, i.e., two counts of statutory rape
and six counts of acts of lasciviousness,
whereas he is indicted for coup d'etat which is
regarded as a "political offense."
Furthermore, petitioner justifies in his favor
the presence of noble causes in expressing
legitimate grievances against the rampant
and institutionalized practice of graft and
corruption in the AFP.
A plain reading of Jalosjos suggests otherwise,
however.
The distinctions cited by petitioner were not
elemental in the pronouncement in Jalosjos
that election to Congress is not a reasonable
classification in criminal law enforcement as
the functions and duties of the office are not
substantial distinctions which lift one from the
class of prisoners interrupted in their freedom
and restricted in liberty of movement.
It cannot be gainsaid that a person charged
with a crime is taken into custody for
purposes of the administration of justice. No
less than the Constitution provides:
All persons, except those charged with
offenses punishable by reclusion perpetua
when evidence of guilt is strong, shall, before
conviction, be bailable by sufficient sureties,
or be released on recognizance as may be
provided by law. The right to bail shall not be
impaired even when the privilege of the writ
of habeas corpus is suspended. Excessive bail
shall not be required. (Underscoring supplied)
The Rules also state that no person charged
with a capital offense, or an offense
punishable by reclusion perpetua or life
imprisonment, shall be admitted to bail when
evidence of guilt is strong, regardless of the
stage of the criminal action.
That the cited provisions apply equally to rape
and coup d'etat cases, both being punishable
by reclusion perpetua, is beyond cavil. Within
the class of offenses covered by the stated
range of imposable penalties, there is clearly
no distinction as to the political complexion of

or moral turpitude involved in the crime

charged.
In the present case, it is uncontroverted that
petitioner's application for bail and for release
on
recognizance
was
denied.
The
determination that the evidence of guilt is
strong, whether ascertained in a hearing of an
application for bail or imported from a trial
court's judgment of conviction, justifies the
detention of an accused as a valid curtailment
of his right to provisional liberty. This
accentuates the proviso that the denial of the
right to bail in such cases is "regardless of the
stage
of
the
criminal
action."
Such
justification
for
confinement
with
its
underlying rationale of public self-defense
applies equally to detention prisoners like
petitioner or convicted prisoners-appellants
like Jalosjos.
Petitioner goes on to allege that unlike
Jalosjos who attempted to evade trial, he is
not a flight risk since he voluntarily
surrendered to the proper authorities and
such can be proven by the numerous times he
was allowed to travel outside his place of
detention.
Subsequent events reveal the contrary,
however. The assailed Orders augured well
when on November 29, 2007 petitioner went
past security detail for some reason and
proceeded from the courtroom to a posh hotel
to issue certain statements. The account,
dubbed this time as the "Manila Pen Incident,"
proves that petitioner's argument bites the
dust. The risk that he would escape ceased to
be neither remote nor nil as, in fact, the cause
for foreboding became real.
Moreover,
circumstances
indicating
probability of flight find relevance as a factor
in ascertaining the reasonable amount of bail
and in cancelling a discretionary grant of bail.
In cases involving non-bailable offenses, what
is controlling is the determination of whether
the evidence of guilt is strong. Once it is
established that it is so, bail shall be denied as
it is neither a matter of right nor of discretion.

ART.
3
Sec.
UNREASONABLE
SEIZURE

2
RIGHTS
SEARCHES

OF
AND

cases:
VALMONTE VS. DE VILLA
FACTS:
On 20 January 1987, the National Capital
Region District Command (NCRDC) was
activated pursuant to Letter of Instruction
02/87 of the Philippine General Headquarters,
AFP, with the mission of conducting security
operations within its area of responsibility and
peripheral areas, for the purpose of
establishing an effective territorial defense,
maintaining peace and order, and providing
an atmosphere conducive to the social,
economic and political development of the
National Capital Region. As part of its duty to
maintain peace and order, the NCRDC
installed checkpoints in various parts of
Valenzuela, Metro Manila. Petitioners aver
that, because of the installation of said
checkpoints, the residents of Valenzuela are
worried of being harassed and of their safety
being placed at the arbitrary, capricious and
whimsical disposition of the military manning
the checkpoints, considering that their cars
and vehicles are being subjected to regular
searches and check-ups, especially at night or
at dawn, without the benefit of a search
warrant and/or court order. Their alleged fear
for their safety increased when, at dawn of 9
July 1988, Benjamin Parpon, a supply officer
of the Municipality of Valenzuela, Bulacan,
was gunned down allegedly in cold blood by
the members of the NCRDC manning the
checkpoint along McArthur Highway at
Malinta, Valenzuela, for ignoring and/or
refusing to submit himself to the checkpoint
and for continuing to speed off inspire of
warning shots fired in the air.
ISSUE:
WON the installation of checkpoints violates
the right of the people against unreasonable
searches and seizures
RULING:

Petitioner's concern for their safety and

apprehension at being harassed by the
military manning the checkpoints are not
sufficient grounds to declare the checkpoints
per se, illegal. No proof has been presented
before the Court to show that, in the course of
their routine checks, the military, indeed,
committed specific violations of petitioners''
rights against unlawful search and seizure of
other rights. The constitutional right against
unreasonable searches and seizures is a
personal right invocable only by those whose
rights have been infringed, or threatened to
be infringed. Not all searches and seizures
are prohibited. Those which are reasonable
are not forbidden. The setting up of the
questioned checkpoints may be considered as
a security measure to enable the NCRDC to
pursue its mission of establishing effective
territorial defense and maintaining peace and
order for the benefit of the public.
Checkpoints may not also be regarded as
measures to thwart plots to destabilize the
govt, in the interest of public security.
Between the inherent right of the state to
protect its existence and promote public
welfare and an individuals right against a
warrantless
search
w/c
is,
however,
reasonably conducted, the former should
prevail. True, the manning of checkpoints by
the military is susceptible of abuse by the
military in the same manner that all
governmental power is susceptible of abuse.
But, at the cost of occasional inconvenience,
discomfort and even irritation to the citizen,
the checkpoints during these abnormal times,
when conducted w/in reasonable limits, are
part of the price we pay for an orderly society
and a peaceful community.
PROBABLE CAUSE: (definition)
cases:
HUBERT J. P. WEBB, VS. HONORABLE
RAUL E. DE LEON
G.R. No. 121234, August 23, 1995
FACTS:
On June 19, 1994, the National Bureau of
Investigation (NBI) filed with the Department
of
Justice
a
letter-complaint
charging
petitioners Hubert Webb, Michael Gatchalian,

Antonio J. Lejano and six (6) other persons

with the crime of Rape and Homicide of
Carmela N. Vizconde, her mother Estrellita
Nicolas-Vizconde, and her sister Anne Marie
Jennifer in their home at Number 80 W.
Vinzons, St., BF Homes Paranaque, Metro
Manila on June 30, 1991.
Forthwith, the Department of Justice formed a
panel of prosecutors headed by Assistant
Chief State Prosecutor Jovencio R. Zuno to
conduct the preliminary investigation.
ARGUMENTS:
Petitioners fault the DOJ Panel for its finding
of probable cause. They assail the credibility
of Jessica Alfaro as inherently weak and
uncorroborated due to the inconsistencies
between her April 28, 1995 and May 22, 1995
sworn
statements.
They
criticize
the
procedure followed by the DOJ Panel when it
did not examine witnesses to clarify the
alleged inconsistencies.
Petitioners charge that respondent Judge Raul
de Leon and, later, respondent Judge Amelita
Tolentino issued warrants of arrest against
them without conducting the required
preliminary examination.
Petitioners complain about the denial of their
constitutional right to due process and
violation of their right to an impartial
investigation. They also assail the prejudicial
publicity that attended their preliminary
investigation.
ISSUES:
1. Whether or not the DOJ Panel likewise
gravely abused its discretion in holding that
there is probable cause to charge them with
the crime of rape and homicide
2. Whether or not respondent Judges de Leon
and Tolentino gravely abused their discretion
when they failed to conduct a preliminary
examination before issuing warrants of arrest
against them
3. Whether or not the DOJ Panel denied them
their constitutional right to due process
during their preliminary investigation
4. Whether or not the DOJ Panel unlawfully
intruded into judicial prerogative when it
failed to charge Jessica Alfaro in the
information as an accused.

RULING:
1. NO.
2. NO.
3. NO. There is no merit in this contention
because petitioners were given all the
opportunities to be heard.
4. NO.
REASONS:
1. The Court ruled that the DOJ Panel did not
gravely abuse its discretion when it found
probable cause against the petitioners. A
probable cause needs only to rest on evidence
showing that more likely than not, a crime has
been committed and was committed by the
suspects. Probable cause need not be based
on clear and convincing evidence of guilt,
neither on evidence establishing guilt beyond
reasonable doubt and definitely, not on
evidence establishing absolute certainty of
guilt.
2. The Court ruled that respondent judges did
not gravely abuse their discretion. In arrest
cases, there must be a probable cause that a
crime has been committed and that the
person to be arrested committed it. Section 6
of Rule 112 simply provides that upon filing
of an information, the Regional Trial Court
may issue a warrant for the accused. Clearly
the, our laws repudiate the submission of
petitioners that respondent judges should
have conducted searching examination of
witnesses before issuing warrants of arrest
against them.
3. The DOJ Panel precisely ed the parties to
adduce more evidence in their behalf and for
the panel to study the evidence submitted
more fully.
4. Petitioners argument lacks appeal for it
lies on the faulty assumption that the decision
whom to prosecute is a judicial function, the
sole prerogative of the courts and beyond
executive and legislative interference. In
truth, the prosecution of crimes appertains to
the executive department of government
whose principal power and responsibility is to
see that our laws are faithfully executed. A
necessary component of this power is the
right to prosecute their violators (See R.A. No.
6981 and section 9 of Rule 119 for legal
basis).

With regard to the inconsistencies of the

sworn statements of Jessica Alfaro, the Court
believes that these have been sufficiently
explained and there is no showing that the
inconsistencies were deliberately made to
distort the truth.
With regard to the petitioners complaint
about the prejudicial publicity that attended
their preliminary investigation, the Court
finds nothing in the records that will prove
that the tone and content of the publicity that
attended the investigation of petitioners
fatally infected the fairness and impartiality of
the DOJ Panel. Petitioners cannot just rely on
the subliminal effects of publicity on the sense
of fairness of the DOJ Panel, for these are
basically unbeknown and beyond knowing.
LIM, SR. VS JUDGE FELIX
GR NOS. 95954-7 (FEBRUARY 19, 1991)
FACTS:
-On March 17, 1989, at about 7:30 o'clock in
the morning, at the vicinity of the airport road
of the Masbate Domestic Airport, located at
the municipality of Masbate province of
Masbate, Congressman Moises Espinosa, Sr.
and his security escorts, namely Provincial
Guards Antonio Cortes, Gaspar Amaro, and
Artemio Fuentes were attacked and killed by
a lone assassin. Dante Siblante another
security escort of Congressman Espinosa, Sr.
survived the assassination plot, although, he
himself suffered a gunshot wound.
-An investigation
followed.

of

the

incident

then

-Thereafter,
and
for
the
purpose
of
preliminary investigation, the designated
investigator, Harry O. Tantiado, TSg, of the PC
Criminal Investigation Service at Camp
Bagong Ibalon Legazpi City filed an amended
complaint with the Municipal Trial Court of
Masbate accusing, among others, Vicente
Lim, Sr., Mayor Susana Lim of Masbate, Jolly
T. Fernandez, Florencio T. Fernandez, Jr.,
Nonilon A. Bagalihog, Mayor Nestor C. Lim
and Mayor Antonio Kho of the crime of

multiple murder and frustrated murder in

connection with the airport incident. The case
was docketed as Criminal Case No. 9211.
-After
conducting
the
preliminary
investigation, the court issued an order dated
July 31, 1989 stating therein that:
. . . after weighing the affidavits and answers
given by the witnesses for the prosecution
during the preliminary examination in
searching questions and answers, concludes
that a probable cause has been established for
the issuance of a warrant of arrest of named
accused in the amended complaint, namely,
Jimmy Cabarles, Ronnie Fernandez, Nonilon
Bagalihog,
Jolly
Fernandez,
Florencio
Fernandez, Jr., Vicente Lim, Sr., Susana Lim,
Nestor Lim, Antonio Kho, Jaime Liwanag,
Zaldy Dumalag and Rene Tualla alias Tidoy.
- Petitioners Vicente Lim, Sr. and Susana Lim
filed with the respondent court several
motions
and
manifestations
which
in
substance prayed that an order be issued
requiring the transmittal of the initial records
of the preliminary inquiry or investigation
conducted by the Municipal Judge Barsaga of
Masbate for the best enlightenment regarding
the existence of a probable cause or prima
facie evidence as well as the determination of
the existence of guilt, pursuant to the
mandatory mandate of the constitution that
no warrant shall be issued unless the issuing
magistrate shall have himself been personally
convinced of such probable cause.
- In another manifestation, the Lims reiterated
that the court conduct a hearing to determine
if there really exists a prima facie case against
them in the light of documents which are
recantations of some witnesses in the
preliminary investigation.
- It should also be noted that the Lims also
presented to the respondent Judge documents
of recantation of witnesses whose testimonies
were used to establish a prima facie case
against them.
-On July 5, 1990, the respondent court issued
an order denying for lack of merit the motions

and manifestations and issued warrants of

arrest against the accused including the
petitioners herein. The judge wrote, In the
instant cases, the preliminary investigation
was conducted by the Municipal Trial Court of
Masbate, Masbate which found the existence
of probable cause that the offense of multiple
murder was committed and that all the
accused are probably guilty thereof, which
was affirmed upon review by the Provincial
Prosecutor who properly filed with the
Regional
Trial
Court
four
separate
informations for murder. Considering that
both the two competent officers to whom such
duty was entrusted by law have declared the
existence of probable cause, each information
is complete in form and substance, and there
is no visible defect on its face, this Court finds
it just and proper to rely on the prosecutor's
certification in each information
-Petitioners question the judgment of Judge
Felix (statement immediately preceding this
paragraph, italicized).
ISSUE:
WON a judge may issue a warrant of arrest
without bail by simply relying on the
prosecution's
certification
and
recommendation that a probable cause exists.
RULING:
The questioned Order of respondent Judge
Nemesio S. Felix of Branch 56, Regional Trial
Court of Makati dated July 5, 1990 is declared
NULL and VOID and SET ASIDE.
As held in Soliven v. Makasiar, the Judge does
not
have to
personally
examine
the
complainant
and
his
witnesses.
The
Prosecutor can perform the same functions as
a commissioner for the taking of the evidence.
However,
there
should
be
necessary
documents and a report supporting the
Fiscal's bare certification. All of these should
be before the Judge.
We cannot determine beforehand how cursory
or exhaustive the Judge's examination should
be.
Usually,
this
depends
on
the
circumstances of each case. The Judge has to
exercise sound discretion; after all, the
personal determination is vested in the Judge

by the Constitution. However, to be sure, the

Judge must go beyond the Prosecutor's
certification
and
investigation
report
whenever necessary.
As mentioned in the facts (stated above), the
Lims presented documents of recantations of
the witnesses. Although, the general rule is
that recantations are not given much weight
in the determination of a case and in the
granting of a new trial the respondent Judge
before issuing his own warrants of arrest
should, at the very least, have gone over the
records of the preliminary examination
conducted earlier in the light of the evidence
now presented by the concerned witnesses in
view of the "political undertones" prevailing in
the cases.
In
making
the
required
personal
determination, a Judge is not precluded from
relying on the evidence earlier gathered by
responsible officers. The extent of the reliance
depends on the circumstances of each case
and is subject to the Judge's sound discretion.
However, the Judge abuses that discretion
when having no evidence before him, he
issues a warrant of arrest.
Indubitably, the respondent Judge (Felix)
committed a grave error when he relied solely
on the Prosecutor's certification and issued
the questioned Order dated July 5, 1990
without having before him any other basis for
his personal determination of the existence of
a probable cause.
CONDUCT OF CHECK POINTS:
cases:
VALMONTE VS. DE VILLA
FACTS:
On 20 January 1987, the National Capital
Region District Command (NCRDC) was
activated pursuant to Letter of Instruction
02/87 of the Philippine General Headquarters,
AFP, with the mission of conducting security
operations within its area of responsibility and
peripheral areas, for the purpose of
establishing an effective territorial defense,
maintaining peace and order, and providing

an atmosphere conducive to the social,

economic and political development of the
National Capital Region. As part of its duty to
maintain peace and order, the NCRDC
installed checkpoints in various parts of
Valenzuela, Metro Manila. Petitioners aver
that, because of the installation of said
checkpoints, the residents of Valenzuela are
worried of being harassed and of their safety
being placed at the arbitrary, capricious and
whimsical disposition of the military manning
the checkpoints, considering that their cars
and vehicles are being subjected to regular
searches and check-ups, especially at night or
at dawn, without the benefit of a search
warrant and/or court order. Their alleged fear
for their safety increased when, at dawn of 9
July 1988, Benjamin Parpon, a supply officer
of the Municipality of Valenzuela, Bulacan,
was gunned down allegedly in cold blood by
the members of the NCRDC manning the
checkpoint along McArthur Highway at
Malinta, Valenzuela, for ignoring and/or
refusing to submit himself to the checkpoint
and for continuing to speed off inspire of
warning shots fired in the air.
ISSUE:
WON the installation of checkpoints violates
the right of the people against unreasonable
searches and seizures
RULING:
Petitioner's concern for their safety and
apprehension at being harassed by the
military manning the checkpoints are not
sufficient grounds to declare the checkpoints
per se, illegal. No proof has been presented
before the Court to show that, in the course of
their routine checks, the military, indeed,
committed specific violations of petitioners''
rights against unlawful search and seizure of
other rights. The constitutional right against
unreasonable searches and seizures is a
personal right invocable only by those whose
rights have been infringed, or threatened to
be infringed. Not all searches and seizures
are prohibited. Those which are reasonable
are not forbidden. The setting up of the
questioned checkpoints may be considered as
a security measure to enable the NCRDC to
pursue its mission of establishing effective
territorial defense and maintaining peace and

order for the benefit of the public.

Checkpoints may not also be regarded as
measures to thwart plots to destabilize the
govt, in the interest of public security.
Between the inherent right of the state to
protect its existence and promote public
welfare and an individuals right against a
warrantless
search
w/c
is,
however,
reasonably conducted, the former should
prevail. True, the manning of checkpoints by
the military is susceptible of abuse by the
military in the same manner that all
governmental power is susceptible of abuse.
But, at the cost of occasional inconvenience,
discomfort and even irritation to the citizen,
the checkpoints during these abnormal times,
when conducted w/in reasonable limits, are
part of the price we pay for an orderly society
and a peaceful community.
PEOPLE VS. DEL ROSARIO
234 SCRA 246; G.R. NO. 109633; 20 JUL 1994
Facts: Accused was charged and convicted by
the trial court of illegal possession of firearms
and illegal possession and sale of drugs,
particularly methamphetamine or shabu. After
the issuance of the search warrant, which
authorized the search and seizure of an
undetermined quantity of methamphetamine
and its paraphernalias, an entrapment was
planned that led to the arrest of del Rosario
and to the seizure of the shabu, its
paraphernalias and of a .22 caliber pistol
with 3 live ammunition.
Issue: Whether or Not the seizure of the
firearms was proper.
Held: No. Sec 2 art. III of the constitution
specifically provides that a search warrant
must particularly describe the things to be
seized. In herein case, the only objects to be
seized that the warrant determined was the
methamphetamine and the paraphernalias
therein. The seizure of the firearms was
unconstitutional.
Wherefore the decision is reversed and the
accused is acquitted.

MANALILI V. COURT OF APPEALS

280 SCRA 400

FACTS:
Narcotics officers were doing surveillance and
chanced upon the accused in a cemetery who
seemed to be high on drugs. He tried to
resist the police officers and upon inquiry,
found that the accused was possessing
what seemed to be crushed marijuana leaves.
HELD:
A stop-and-frisk was defined as the vernacular
designation of the right of a police officer to
stop a citizen on the street, interrogate him,
and pat him for weapons. It has been held as
one of the exceptions to the general rule
against searches without warrant.

PEOPLE VS. ARUTA

288 SCRA 626
G.R. NO. 120515; 13 APR 1998
FACTS:
On Dec. 13, 1988, P/Lt. Abello was tipped off
by his informant that a certain Aling Rosa
will be arriving from Baguio City with a large
volume of marijuana and assembled a team.
The next day, at the Victory Liner Bus
terminal they waited for the bus coming from
Baguio, when the informer pointed out who
Aling Rosa was, the team approached her
and introduced themselves as NARCOM
agents. When Abello asked aling Rosa about
the contents of her bag, the latter handed it
out to the police. They found dried marijuana
leaves packed in a plastic bag marked cash
katutak.
Instead of presenting its evidence, the
defense filed a demurrer to evidence alleging
the illegality of the search and seizure of the
items. In her testimony, the accused claimed
that she had just come from Choice theatre
where she watched a movie Balweg. While
about to cross the road an old woman asked
her for help in carrying a shoulder bag, when
she was later on arrested by the police. She
has no knowledge of the identity of the old
woman and the woman was nowhere to be
found. Also, no search warrant was presented.
The trial court convicted the accused in
violation of the dangerous drugs of 1972

ISSUE:
Whether or Not the police correctly searched
and seized the drugs from the accused.
RULING:
The following cases are specifically provided
or allowed by law:
1. Warrantless search incidental to a lawful
arrest recognized under Section 12, Rule 126
of the Rules of Court 8 and by prevailing
jurisprudence
2. Seizure of evidence in "plain view," the
elements of which are: (a) a prior valid
intrusion based on the valid warrantless
arrest in which the police are legally present
in the pursuit of their official duties; (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, and (d) "plain view" justified mere
seizure of evidence without further search;
3. Search of a moving vehicle. Highly
regulated by the government, the vehicle's
inherent mobility reduces expectation of
privacy especially when its transit in public
thoroughfares furnishes a highly reasonable
suspicion amounting to probable cause that
the occupant committed a criminal activity;
4. Consented warrantless search;
5. Customs search;
6. Stop and Frisk;
7. Exigent and Emergency Circumstances.
The essential requisite of probable cause must
still be satisfied before a warrantless search
and seizure can be lawfully conducted.
The accused cannot be said to be committing
a crime, she was merely crossing the street
and was not acting suspiciously for the
Narcom agents to conclude that she was
committing a crime. There was no legal basis
to effect a warrantless arrest of the accuseds
bag, there was no probable cause and the
accused was not lawfully arrested.
The police had more than 24 hours to procure
a search warrant and they did not do so. The
seized marijuana was illegal and inadmissible
evidence.

RULE 113, RULES OF COURT

Section 5. Arrest without warrant; when
lawful. A peace officer or a private person
may, without a warrant, arrest a person:
(a) When, in his presence, the person to be
arrested
has
committed,
is
actually
committing, or is attempting to commit an
offense;
(b) When an offense has just been committed,
and he has probable cause to believe based on
personal knowledge of facts or circumstances
that the person to be arrested has committed
it; and
(c) When the person to be arrested is a
prisoner who has escaped from a penal
establishment or place where he is serving
final judgment or is temporarily confined
while his case is pending, or has escaped
while being transferred from one confinement
to another.
In cases falling under paragraph (a) and (b)
above, the person arrested without a warrant
shall be forthwith delivered to the nearest
police station or jail and shall be proceeded
against in accordance with section 7 of Rule
112.
RULE 126, RULES OF COURT
Section 2. Court where application for search
warrant shall be filed. An application for
search warrant shall be filed with the
following:
a) Any court within whose territorial
jurisdiction a crime was committed.
b) For compelling reasons stated in the
application, any court within the judicial
region where the crime was committed if the
place of the commission of the crime is
known, or any court within the judicial region
where the warrant shall be enforced.
However, if the criminal action has already
been filed, the application shall only be made
in the court where the criminal action is
pending.
Section 7. Right to break door or window to
effect search. The officer, if refused

admittance to the place of directed search

after giving notice of his purpose and
authority, may break open any outer or inner
door or window of a house or any part of a
house or anything therein to execute the
warrant or liberate himself or any person
lawfully aiding him when unlawfully detained
therein.
Section 12. Delivery of property and inventory
thereof to court; return and proceedings
thereon.
(a) The officer must forthwith deliver the
property seized to the judge who issued the
warrant, together with a true inventory
thereof duly verified under oath.
(b) Ten (10) days after issuance of the search
warrant, the issuing judge shall ascertain if
the return has been made, and if none, shall
summon the person to whom the warrant was
issued and require him to explain why no
return was made. If the return has been
made, the judge shall ascertain whether
section 11 of this Rule has been complained
with and shall require that the property seized
be delivered to him. The judge shall see to it
that subsection (a) hereof has been complied
with.
(c) The return on the search warrant shall be
filed and kept by the custodian of the log book
on search warrants who shall enter therein
the date of the return, the result, and other
actions of the judge.
A violation of this section shall constitute
contempt of court
SILAHIS INTERNATIONAL HOTEL, INC.
vs. SOLUTA
FACTS:
Loida Somacera (Loida), a laundrywoman of
the hotel, stayed overnight at the female
locker room at the basement of the hotel. At
dawn, she heard pounding sounds outside,
she saw five men in barong tagalog whom she
failed to recognize but she was sure were not
employees of the hotel, forcibly opening the
door of the union office. In the morning, as
union officer Soluta was trying in vain to open
the door of the union office, Loida narrated to
him what she had witnessed at dawn.

Soluta immediately lodged a complaint before

the Security Officer. And he fetched a
locksmith. At that instant, men in barong
tagalog armed with clubs arrived and started
hitting Soluta and his companions. Panlilio
thereupon instructed Villanueva to force open
the door, and the latter did. Once inside,
Panlilio and his companions began searching
the office, over the objection of Babay who
even asked them if they had a search warrant.
A plastic bag was found containing marijuana
flowering tops.
As a result of the discovery of the presence of
marijuana in the union office and after the
police conducted an investigation of the
incident, a complaint against the 13 union
officers was filed before the Fiscals Office of
Manila. RTC acquitted the accused. On
appeal, the CA affirmed with modification the
decision of the trial court.
ISSUE:
Whether respondent individual can recover
damages for violation of constitutional rights.
RULING: Article 32, in relation to Article
2219(6) and (10) of the Civil Code, allows so.
ART. 32. Any public officer or employee, or
any private individual, who directly or
indirectly obstructs, defeats, violates or in any
manner impedes or impairs any of the
following rights and liberties of another
person shall be liable to the latter for
damages:
In the present case, petitioners had, by their
own claim, already received reports in late
1987 of illegal activities and Maniego
conducted surveillance. Yet, in the morning of
January 11, 1988, petitioners and their
companions barged into and searched the
union office without a search warrant, despite
ample time for them to obtain one.
The course taken by petitioners and company
stinks in illegality. Petitioners violation of
individual respondents constitutional right
against unreasonable search thus furnishes
the basis for the award of damages under
Article 32 of the Civil Code. For respondents,
being the lawful occupants of the office had

the right to raise the question of validity of

the search and seizure.
Article 32 speaks of an officer or employee or
person "directly or indirectly" responsible for
the violation of the constitutional rights and
liberties of another. Hence, it is not the actor
alone who must answer for damages under
Article 32; the person indirectly responsible
has also to answer for the damages or injury
caused to the aggrieved party. Such being the
case, petitioners, together with Maniego and
Villanueva, the ones who orchestrated the
illegal search, are jointly and severally liable
for actual, moral and exemplary damages to
herein individual respondents in accordance
with the earlier-quoted pertinent provision of
Article 32, in relation to Article 2219(6) and
(10) of the Civil Code which provides:
Art. 2219. Moral damages may be recovered
in the following and analogous cases, among
others, (6) Illegal search and (10) Acts and
action referred to in Articles 21, 26, 27, 28,
29, 30, 32, 34 and 35.
DECISION: Denied.
PACIS VS. PAMARAN
G.R. No. L-23996
March 15, 1974
Doctrine:
It is a well-settled principle that for violations
of customs laws, a warrant issued by the
Collector of Customs is conceded. It is not
necessary, in these cases, that the warrants
be issued by a judge, as what is required in
the Constitution.
FACTS:
Respondent Ricardo Santos is the owner of a
Mercury automobile, model 1957. It was
brought into this country without the payment
of customs duty and taxes, its original owner
Donald James Hatch being tax-exempt. On
June 25, 1964, respondent paid P311.00 for
customs duty and taxes.
Petitioner Pacis, on July 22, 1964 received
from the Administrator, General Affairs
Administration of the Department of National
Defense, a letter to the effect that the Land
Transportation Commission reported that

such automobile was a "hot car." By virtue

thereof, petitioner, through his subordinates,
looked into the records of his office and
ascertained that the amount collectible on
said car should be P2,500.00, more or less.
Based on such discrepancy, petitioner
instituted seizure proceedings and issued a
warrant of seizure and detention and thus the
subject automobile was taken. Respondent
requested for the withdrawal or dissolution of
the warrant of seizure but petitioner denied it.
Thereafter, respondent Santos filed a criminal
complaint for usurpation of judicial functions
with the City Fiscal of Manila. As the
respondent Fiscal Pamaran was bent on
proceeding with the charge against petitioner,
an action for prohibition was filed with the
Supreme Court.
ISSUE:
Whether or not the Constitutional provision
which states that only a judge could issue a
search warrant applies to warrants issued in
lieu of violations of customs laws.
HELD:
In a recent decision of this Court, Papa v.
Mago, where the seizure of alleged smuggled
goods was effected by a police officer without
a search warrant, this Court, through Justice
Zaldivar, stated: "Petitioner Martin Alagao
and his companion policemen had authority to
effect the seizure without any search warrant
issued by a component court. The Tariff and
Customs Code does not require said warrant
in the instant case. The Code authorizes
persons having police authority under Section
2203 of the Tariff and Customs Code to enter,
pass through or search any land, inclosure,
warehouse, store or building, not being a
dwelling house and also to inspect, search and
examine any vessel or aircraft and any trunk,
package, box or envelope or any person on
board, or stop and search and examine any
vehicle, beast or person suspected of holding
or conveying any dutiable or prohibited article
introduced into the Philippines contrary to
law, without mentioning the need of a search
warrant in said cases. But in the search of a
dwelling house, the Code provides that said
"dwelling house may be entered and searched
only upon warrant issued by a judge or justice

of the peace ... ." It is our considered view,

therefore, that except in the case of the
search of a dwelling house, persons exercising
police authority under the customs law may
effect search and seizure without a search
warrant in the enforcement of customs laws."
The plenitude of the competence vested in
customs officials is thus undeniable. No such
constitutional question then can possibly
arise. So much is implicit from the very
language of Section 2205 of the Tariff and
Customs Code. It speaks for itself. It is not
susceptible of any misinterpretation. The
power of petitioner is thus manifest. It being
undeniable then that the sole basis for an
alleged criminal act performed by him was
the performance of a duty according to law,
there is not the slightest justification for
respondent Assistant City Fiscal to continue
with the preliminary investigation after his
attention was duly called to the plain and
explicit legal provision that did not suffer at
all from any constitutional infirmity.
WHEREFORE, the writ of prohibition prayed
for is granted and the successor of respondent
Manuel R. Pamaran, now a criminal circuit
court judge, or any one in the City Fiscal's
Office of the City of Manila to whom the
complaint against petitioner for usurpation of
judicial functions arising out of the issuance
of the warrant of seizure and detention,
subject-matter of this litigation, has been
assigned, is perpetually restrained from
acting thereon except to dismiss the same. No
costs.
STOP AND FRISK RULE:
cases:

Malacat vs. Court of Appeals

GR 123595, 12 December 1997

FACTS:
On 27 August 1990, at about 6:30 p.m.,
allegedly in response to bomb threats
reported seven days earlier, Rodolfo Yu of the
Western Police District, Metropolitan Police
Force of the Integrated National Police, Police
Station No. 3, Quiapo, Manila, was on foot
patrol with three other police officers (all of

them in uniform) along Quezon Boulevard,

Quiapo, Manila, near the Mercury Drug store
at Plaza Miranda. They chanced upon two
groups of Muslim-looking men, with each
group, comprised of three to four men, posted
at opposite sides of the corner of Quezon
Boulevard near the Mercury Drug Store.
These men were acting suspiciously with
their eyes moving very fast. Yu and his
companions
positioned
themselves
at
strategic points and observed both groups for
about 30 minutes. The police officers then
approached one group of men, who then fled
in different directions. As the policemen gave
chase, Yu caught up with and apprehended
Sammy
Malacat
y
Mandar
(who
Yu
recognized, inasmuch as allegedly the
previous Saturday, 25 August 1990, likewise
at Plaza Miranda, Yu saw Malacat and 2
others attempt to detonate a grenade). Upon
searching Malacat, Yu found a fragmentation
grenade tucked inside the latters front waist
line. Yus companion, police officer Rogelio
Malibiran, apprehended Abdul Casan from
whom a .38 caliber revolver was recovered.
Malacat and Casan were then brought to
Police Station 3 where Yu placed an X mark
at the bottom of the grenade and thereafter
gave it to his commander. Yu did not issue any
receipt for the grenade he allegedly recovered
from Malacat. On 30 August 1990, Malacat
was charged with violating Section 3 of
Presidential Decree 1866. At arraignment on
9 October 1990, petitioner, assisted by
counsel de officio, entered a plea of not guilty.
Malacat denied the charges and explained
that he only recently arrived in Manila.
However, several other police officers mauled
him, hitting him with benches and guns.
Petitioner was once again searched, but
nothing was found on him. He saw the
grenade only in court when it was presented.
In its decision dated 10 February 1994 but
promulgated on 15 February 1994, the trial
court ruled that the warrantless search and
seizure of Malacat was akin to a stop and
frisk, where a warrant and seizure can be
effected without necessarily being preceded
by an arrest and whose object is either to
maintain the status quo momentarily while
the police officer seeks to obtain more
information; and that the seizure of the
grenade from Malacat was incidental to a

lawful arrest. The trial court thus found

Malacat guilty of the crime of illegal
possession of explosives under Section 3 of
PD 1866, and sentenced him to suffer the
penalty of not less than 17 years, 4 months
and 1 day of Reclusion Temporal, as
minimum, and not more than 30 years of
Reclusion Perpetua, as maximum. On 18
February 1994, Malacat filed a notice of
appeal indicating that he was appealing to the
Supreme Court. However, the record of the
case was forwarded to the Court of Appeals
(CA-GR CR 15988). In its decision of 24
January 1996, the Court of Appeals affirmed
the trial court. Manalili filed a petition for
review with the Supreme Court.
ISSUE:
Whether the search made on Malacat is valid,
pursuant to the exception of stop and frisk.
HELD:
The general rule as regards arrests, searches
and seizures is that a warrant is needed in
order to validly effect the same. The
Constitutional
prohibition
against
unreasonable arrests, searches and seizures
refers to those effected without a validly
issued warrant, subject to certain exceptions.
As regards valid warrantless arrests, these
are found in Section 5, Rule 113 of the Rules
of Court. A warrantless arrest under the
circumstances contemplated under Section
5(a) has been denominated as one in
flagrante delicto, while that under Section
5(b) has been described as a hot pursuit
arrest. Turning to valid warrantless searches,
they are limited to the following: (1) customs
searches; (2) search of moving vehicles; (3)
seizure of evidence in plain view; (4) consent
searches; (5) a search incidental to a lawful
arrest; and (6) a stop and frisk. The
concepts of a stop-and-frisk and of a search
incidental to a lawful arrest must not be
confused. These two types of warrantless
searches differ in terms of the requisite
quantum of proof before they may be validly
effected and in their allowable scope. In a
search incidental to a lawful arrest, as the
precedent arrest determines the validity of
the incidental search. Here, there could have
been no valid in flagrante delicto or hot

pursuit arrest preceding the search in light of

the lack of personal knowledge on the part of
Yu, the arresting officer, or an overt physical
act, on the part of Malacat, indicating that a
crime had just been committed, was being
committed or was going to be committed.
Plainly, the search conducted on Malacat
could not have been one incidental to a lawful
arrest. On the other hand, while probable
cause is not required to conduct a stop and
frisk, it nevertheless holds that mere
suspicion or a hunch will not validate a stop
and frisk. A genuine reason must exist, in
light of the police officers experience and
surrounding conditions, to warrant the belief
that the person detained has weapons
concealed about him. Finally, a stop-andfrisk serves a two-fold interest: (1) the
general interest of effective crime prevention
and
detection,
which
underlies
the
recognition that a police officer may, under
appropriate
circumstances
and
in
an
appropriate manner, approach a person for
purposes of investigating possible criminal
behavior even without probable cause; and (2)
the more pressing interest of safety and selfpreservation which permit the police officer to
take steps to assure himself that the person
with whom he deals is not armed with a
deadly weapon that could unexpectedly and
fatally be used against the police officer. Here,
there are at least three (3) reasons why the
stop-and-frisk was invalid: First, there is
grave doubts as to Yus claim that Malacat
was a member of the group which attempted
to bomb Plaza Miranda 2 days earlier. This
claim is neither supported by any police
report or record nor corroborated by any
other police officer who allegedly chased that
group. Second, there was nothing in
Malacats behavior or conduct which could
have reasonably elicited even mere suspicion
other than that his eyes were moving very
fast an observation which leaves us
incredulous since Yu and his teammates were
nowhere near Malacat and it was already 6:30
p.m., thus presumably dusk. Malacat and his
companions were merely standing at the
corner and were not creating any commotion
or trouble. Third, there was at all no ground,
probable or otherwise, to believe that Malacat
was armed with a deadly weapon. None was
visible to Yu, for as he admitted, the alleged

grenade was discovered inside the front

waistline of Malacat, and from all indications
as to the distance between Yu and Malacat,
any telltale bulge, assuming that Malacat was
indeed hiding a grenade, could not have been
visible to Yu. What is unequivocal then are
blatant violations of Malacats rights solemnly
guaranteed in Sections 2 and 12(1) of Article
III of the Constitution.
WARRANTLESS ARREST
cases:
PEOPLE OF THE PHILIPPINES VS.
SANDIGANBAYAN
(SUBJECT:
DELEGATION
OF
QUASI
JUDICIAL POWER; ESTOPPEL.
FACTS:
ON 18 MARCH 1986, ATTY. RAMIREZ AND
ATTY. ABELLA, PCGG AGENTS, ISSUED A
SEQUESTRATION ORDER AGAINST THE
RESTHOUS THE SOLE ISSUE PRESENTED
IS WHETHER OR NOT THE MARCH 18, 1986
SEQUESTRATION
ORDER
AGAINST
PROPERTIES
OF
IMELDA
IN
LEYTE
INCLUDING THE RESTHOUSE AT OLOT.
THEIR ORDER WAS NOT SIGNED BY ANY
PCGG COMMISSIONERS.
ISSUE:
IS THEIR ORDER VALID?
RULING:
NO. JUDICIAL OR QUASI-JUDICIAL POWERS
MAY NOT BE DELEGATED. IN PCGG V.
JUDGE PEA,[1][17] THE COURT HELD
THAT THE POWERS, FUNCTIONS AND
DUTIES OF THE PCGG AMOUNT TO THE
EXERCISE OF QUASI-JUDICIAL FUNCTIONS,
AND THE EXERCISE OF SUCH FUNCTIONS
CANNOT
BE
DELEGATED
BY
THE
COMMISSION TO ITS REPRESENTATIVES
OR SUBORDINATES OR TASK FORCES
BECAUSE OF THE WELL ESTABLISHED
PRINCIPLE THAT JUDICIAL OR QUASIJUDICIAL
POWERS
MAY
NOT
BE
DELEGATED.
PETITIONER REPUBLIC ARGUES THAT
MRS. MARCOS SHOULD BE DEEMED
ESTOPPED
FROM
QUESTIONING
THE

SEQUESTRATION
OF
HER
OLOT
RESTHOUSE BY HER ACTIONS IN REGARD
TO THE SAME.
BUT A VOID ORDER
PRODUCES NO EFFECT AND CANNOT BE
VALIDATED UNDER THE DOCTRINE OF
ESTOPPEL. FOR THE SAME REASON, THE
COURT CANNOT ACCEPT PETITIONERS
VIEW THAT MRS. MARCOS SHOULD HAVE
FIRST SOUGHT THE LIFTING OF THE
SEQUESTRATION ORDER THROUGH A
MOTION TO QUASH FILED WITH THE
PCGG. BEING VOID, THE SANDIGANBAYAN
HAS THE POWER TO STRIKE IT DOWN ON
SIGHT.
RULING OF THE COURT:
The Courts Ruling
Under Section 26, Article XVIII of the
Constitution, an order of sequestration may
only issue upon a showing of a prima facie
case that the properties are ill-gotten wealth
under Executive Orders 1 and 2.[2][11] When
a court nullifies an order of sequestration for
having been issued without a prima facie
case, the Court does not substitute its
judgment for that of the PCGG but simply
applies the law.[3][12]
In Bataan Shipyard & Engineering Co, Inc. v.
PCGG,[4][13] the Court held that a prima
facie factual foundation that the properties
sequestered
are ill-gotten
wealth
is
required.
The power to determine the
existence of a prima facie case has been
vested in the PCGG as an incident to its
investigatory powers. The two-commissioner
rule is obviously intended to assure a collegial
determination of such fact.[5][14]
Here, it is clear that the PCGG did not make a
prior determination of the existence of a
prima facie case that would warrant the
sequestration of the Olot Resthouse. The
Republic presented no evidence before the
Sandiganbayan that shows differently. Nor
did the Republic demonstrate that the two
PCGG representatives were given the quasijudicial authority to receive and consider
evidence that would warrant such a prima
facie finding.

Parenthetically, the Republics supposed

evidence does not show how the Marcoses
acquired the sequestered property, what
makes it ill-gotten wealth, and how former
President
Marcos
intervened
in
its
acquisition. Taking the foregoing view, the
resolution of the issue surrounding the
character of the property sequestered
whether or not it could prima facie be
considered ill-gotten should be necessary.
The issue in this case is not new. The facts
are substantially identical to those in the case
of Republic v. Sandiganbayan (Dio Island
Resort, Inc.).[6][15] There, the same Atty.
Ramirez issued a sequestration order on April
14, 1986 against Dio Island Resort, Inc. and
all its assets and properties which were
thought to be part of the Marcoses ill-gotten
wealth. Alerted by a challenge to his action,
the PCGG passed a resolution to confirm,
ratify and adopt as its own all the Writs of
Sequestration that Attys. Ramirez and Abella
issued to remove any doubt as to the validity
and enforceability of their writs. Still, the
Court struck them down as void:
It is indubitable that under no circumstances
can a sequestration or freeze order be validly
issued by one not a Commissioner of the
PCGG.
The invalidity of the sequestration order was
made more apparent by the fact that Atty.
Ramirez did not even have any specific
authority to act on behalf of the Commission
at the time he issued the said sequestration
order. x x x
Even assuming arguendo that Atty. Ramirez
had been given prior authority by the PCGG to
place Dio Island Resort under sequestration,
nevertheless, the sequestration order he
issued is still void since PCGG may not
delegate its authority to sequester to its
representatives and subordinates, and any
such delegation is invalid and ineffective.
Under Executive Order Nos. 1 and 2, PCGG is
the sole entity primarily charged with the
responsibility of recovering ill-gotten wealth.
x x x The power to sequester, therefore,

carries with it the corollary duty to make a

preliminary determination of whether there is
a reasonable basis for sequestering a property
alleged to be ill-gotten.
After a careful
evaluation of the evidence adduced, the PCGG
clearly has to use its own judgment in
determining the existence of a prima facie
case.
The absence of a prior determination by the
PCGG of a prima facie basis for the
sequestration order is, unavoidably, a fatal
defect which rendered the sequestration of
respondent corporation and its properties
void ab initio. Being void ab initio, it is
deemed non-existent, as though it had never
been issued,
The Court is maintaining its above ruling in
this case.
Although the two PCGG lawyers issued the
sequestration order in this case on March 18,
1986, before the passage of Sec. 3 of the
PCGG Rules, such consideration is immaterial
following our above ruling.
In PCGG v. Judge Pea,[8][17] the Court held
that the powers, functions and duties of the
PCGG amount to the exercise of quasi-judicial
functions, and the exercise of such functions
cannot be delegated by the Commission to its
representatives or subordinates or task forces
because of the well established principle that
judicial or quasi-judicial powers may not be
delegated.

Consequently, there is no reason to depart

from the Courts ruling in the latter case
where it said:
The invalidity of the sequestration order was
made more apparent by the fact that Atty.
Ramirez did not even have any specific
authority to act on behalf of the Commission
at the time he issued the said sequestration
order. Thus, the respondent Court noted:
Contrary to plaintiffs representation, nothing
exists to support its contention that the Task
Force had been given prior authority to place
DIO under PCGG control. On the contrary, as
the text of the above letters clearly show,
Attys. Jose Tan Ramirez and Ben Abella, had
acted on broad and non-specific powers: By
authority of the commission and the powers
vested in it. x x x.[9][18]
Petitioner Republic argues that Mrs. Marcos
should be deemed estopped from questioning
the sequestration of her Olot Resthouse by
her actions in regard to the same. But a void
order produces no effect and cannot be
validated under the doctrine of estoppel. For
the same reason, the Court cannot accept
petitioners view that Mrs. Marcos should
have first sought the lifting of the
sequestration order through a motion to
quash filed with the PCGG. Being void, the
Sandiganbayan has the power to strike it
down on sight.

It is the Republics theory of course that

Commissioner Dazas letter, directing Attys.
Ramirez and Abella to search and sequester
all properties, documents, money and other
assets of respondents, should be considered
as the writ of sequestration while the order
issued by Attys. Ramirez and Abella should
be treated merely as an implementing order.

Besides, the lifting of the sequestration order

will not necessarily be fatal to the main case
since it does not follow from such lifting that
the sequestered properties are not ill-gotten
wealth. Such lifting simply means that the
government may not act as conservator or
may
not
exercise
administrative
or
housekeeping powers over the property.[10]
[19] Indeed, the Republic can be protected by
a notice of lis pendens.

But the letter did not have the tenor of a

sequestration
order
covering
specific
properties that the lawyers were ordered to
seize and hold for the PCGG. Actually, that
letter is of the same kind issued to Attys.
Ramirez and Abella in Dio Island Resort.

WHEREFORE, the Court DISMISSES the

petition for lack of merit and AFFIRMS the
challenged resolutions of the Fourth Division
of the Sandiganbayan dated February 28,
2002 and August 28, 2002 in Civil Case 0002,
which granted respondent Imelda R. Marcos

Motion to Quash the March

Sequestration Order covering
Resthouse.

18, 1986
the Olot

Further, the Court DIRECTS the Register of

Deeds of Leyte to immediately annotate a
notice of lis pendens on the certificate of title
of the Olot Resthouse with respect to the
Republic of the Philippines claim over the
same
in
Civil
Case
0002
of
the
Sandiganbayan.
No pronouncement as to costs.
SO ORDERED.

234 SCRA 246; G.R. NO. 109633; 20 JUL 1994

Facts: Accused was charged and convicted by
the trial court of illegal possession of firearms
and illegal possession and sale of drugs,
particularly methamphetamine or shabu. After
the issuance of the search warrant, which
authorized the search and seizure of an
undetermined quantity of methamphetamine
and its paraphernalias, an entrapment was
planned that led to the arrest of del Rosario
and to the seizure of the shabu, its
paraphernalias and of a .22 caliber pistol
with 3 live ammunition.

PADILLA V. CA
129 S 558 (1990)

Issue: Whether or Not the seizure of the

firearms was proper.

Where in the complaint for Grave Coercion

against the mayor and policemen, they were
acquitted on the ground that their guilt has
not been proven beyond reasonable doubt,
such acquittal will not bar a civil case for
damages arising from the demolition of
petitioner's market stalls. The acquittal on
the ground that their guilt has not been
proven beyond reasonable doubt refers to
the element of Grave Coercion and not to the
fact of that the stalls were not demolished.
Under the Rules of Court, the extinction of
penal action carries with it the extinction of
civil only if there is a declaration that facts
from which civil may arise did not exist. Also,
Art. 29 of the Civil Code does not state that
civil liability can be recovered only in a
separate civil action. The civil liability can be
recovered either in the same or a separate
action. The purpose of recovering in the same
action is to dispense with the filing of another
civil action where the same evidence is to be
presented, and the unsettling implications of
permitting reinstituttion of a separate civil
action. However, a separate civil action is
warranted when (1) additional facts are to
be established; (2) there is more evidence to
be adduced; (3) there is full termination of
the criminal case and a separate complaint
would be more efficacious than a remand.
Hence, CA did not err in awarding damages
despite the acquittal.

Held: No. Sec 2 art. III of the constitution

specifically provides that a search warrant
must particularly describe the things to be
seized. In herein case, the only objects to be
seized that the warrant determined was the
methamphetamine and the paraphernalias
therein. The seizure of the firearms was
unconstitutional.

PEOPLE VS. DEL ROSARIO

Wherefore the decision is reversed and the

accused is acquitted.
VALIDITY OF A WARRANT ISSUED BY
THE JUDGE
cases:
PEOPLE v. TEE
"rights of the accused to speedy trial"
FACTS:
The case involves an automatic review of
judgment made against Tee who was
convicted for illegal possession of marijuana
and sentenced to death. The defense assailed
the decision of the court for taking admissible
as evidence the marijuana seized from the
accused by virtue of allegedly general search
warrant. They further contend that the
accused was deprived of his right to speedy
trial by failure of the prosecution to produce
their witness who failed to appear during the
20 hearing dates thereby slowing down the
trial procedure.

ISSUE:
Whether or not the substantive right of the
accused for a speedy trial prejudiced during
the hearing of the case.

from both sides of the hill. However, he could

not recognize anyone of the 50. But he filed a
case against all 50 ambushers, all JOHN
DOES. So the court issued a warrant of
arrest against the 50 John Does.

RULING:
The court ruled that the substantive right of
the accused for a fair and speedy trial was not
violated. It held that the Speedy Trial Act of
1998 provides that the trial period for the
criminal cases should be in general 180 days.
However, in determining the right of an
accused to speedy trial, courts should do
more than a mathematical computation of the
number of postponements of the scheduled
hearings of the case.The right to a speedy
trial is deemed violated only when: (1) the
proceedings are attended by vexatious,
capricious, and oppressive delays; or (2) when
unjustified postponements are asked for and
secured; or (3) when without cause or
justifiable motive a long period of time is
allowed to elapse without the party having his
case tried.

ISSUE:
W/N the warrant of arrest is valid? Can a
court issue a warrant of arrest against an
unknown accused?

It was shown by the records that the

prosecution exerted efforts in obtaining a
warrant to compel the witness to testify. The
concept of speedy trial is necessarily relative
where several factors are weighed such as the
length of time of delay, the reason of such
delay, and conduct of prosecution and the
accused and the prejudice and damaged
caused to the accused of such delay. The court
did not find the 20 days of delayed hearing
unreasonable length of time as to constitute
deprivation of the constitutional rights of the
accused for a speedy trial in addition to the
fact that court trial may be always subjected
to postponement for reasonable cause of
delay. In the absence of showing that the
reason for delay was capricious or oppressive,
the State must not be deprived of reasonable
opportunity in prosecuting the accused.

cases:

PANGANDAMAN V. CASAR
FACTS:
The case originated in Lanao. The offended
party was ambushed in Lanao, but he
survived. Based on his description, there were
around 50 persons who staged the ambush

HELD:
NO it is not valid. It is of the nature of a
general warrant, one of a call of writs long
prescribed as unconstitutional and once
anathematized as totally subversive of the
liberty of the subject. Clearly violative of the
constitutional injunction that warrants of
arrest should particularly describe the person
or persons to be seized. The warrant as
against
unidentified
subjects
will
be
considered as null and void.
EXAMINATION
DEPOSITS

OF

BANK

ACCOUNTS/

PNB VS. GANCAYCO

G.R. No. L-18343 September 30, 1965
FACTS:
Defendants Emilio Gancayco and Florentino
Flor, as special prosecutors of the Department
of Justice, required the plaintiff Philippine
National Bank to produce at a hearing the
records of the bank deposits of Ernesto
Jimenez,
former
administrator
of
the
Agricultural
Credit
and
Cooperative
Administration,
who
was
then
under
investigation for unexplained wealth. In
declining to reveal its records, the plaintiff
bank invoked Section 2 of Republic Act No.
1405.
On the other hand, the defendants cited
Section 8 of the Anti-Graft and Corrupt
Practices Act (Republic Act No. 3019) in
support of their claim of authority,which
allegedly provides an additional ground for
the examination of bank deposits.
ISSUE:

Whether Section 8 of Republic Act No. 3019

provides an additional ground for the
examination of bank deposits.
HELD:
Yes. The truth is that these laws are so
repugnant
to
each
other
than
no
reconciliation is possible. x x x. The only
conclusion possible is that section 8 of the
Anti-Graft Law is intended to amend section 2
of Republic Act No. 1405 by providing
additional exception to the rule against the
disclosure of bank deposits.
W]hile section 2 of Republic Act 1405
declares bank deposits to be "absolutely
confidential," it nevertheless allows such
disclosure in the following instances:
(1) Upon written permission of the depositor;
(2) In cases of impeachment;
(3) Upon order of a competent court in cases
of bribery or dereliction of duty of public
officials;
(4) In cases where the money deposited is the
subject matter of the litigation. Cases of
unexplained wealth are similar to cases of
bribery or dereliction of duty.
MARQUEZ VS. DISIERTO
G.R. No. 135882 June 27, 2001
FACTS:
Respondent Ombudsman Desierto ordered
petitioner Marquez to produce several bank
documents for purposes of inspection in
camera
relative
to
various
accounts
maintained at Union Bank of the Philippines,
Julia Vargas Branch, where petitioner is the
branch manager.
The order is based on a pending investigation
at the Office of the Ombudsman against
Amado Lagdameo, et. al. for violation of R.A.
No. 3019, Sec. 3 (e) and (g) relative to the
Joint Venture Agreement between the Public
Estates Authority and AMARI.
Petitioner wanted to be clarified first as to
how she would comply with the orders
without her breaking any law, particularly RA.
No. 1405.
ISSUE:

Whether the order of the Ombudsman to have

an in camera inspection of the questioned
account is allowed as an exception to the law
on secrecy of bank deposits (R.A. No.1405).
HELD: No.
We rule that before an in camera inspection
may be allowed, there must be a pending case
before a court of competent jurisdiction.
Further, the account must be clearly
identified, the inspection limited to the
subject matter of the pending case before the
court of competent jurisdiction. The bank
personnel and the account holder must be
notified to be present during the inspection,
and such inspection may cover only the
account identified in the pending case