1.

Remedies available in case an application for a permit to hold a rally is denied.

If the city mayor or any person acting in his behalf denies an application for a permit to
hold a rally, the applicant may contest the decision in the appropriate court of law. If the suit
was brought beforethe MTC, MCTC, IAC, or RTC, its decision may be appealed to the
appropriate court within 48 hours after receipt of the same who shall decide within 24 hours
from date of filing. In all cases, any decision may be appealed to the Supreme Court. (BP No.
880)
2.

Grounds for the denial of an application to hold a rally at a particular area.

An application to hold a rally may be denied only on the ground of clear and present
danger to public order, public safety, public morals, public health, and public convenience. (BP
No. 880)
3.
Instances when a warrantless arrest is considered lawful.
Rule 5, Sec 113, Revised Rules of Court:
a) When the person to be arrested has committed, is actually committing, or is about to
commit an offense in the presence of the arresting officer.
b) When the offense has just been committed and the arresting officer has reason to
believe based on his personal knowledge of the facts and circumstances that the
person to be arrested committed the offense
c) When the person to be arrested is a prisoner who escaped from penal establishment
d) When the right to a warrant of arrest is voluntarily waived
4.

Extent of police power of the State.

There should be lawful subject and lawful means. Lawful subject refers to the
interests of the public generally, as distinguished from those of a particular class; while lawful
means require that the means employed should reasonably necessary for the accomplishment
of the purpose and not unduly oppressive upon individuals.
5.
a.
b.
6.
a.
b.
7.

Instances when a person may invoke his right against self-incrimination.

During Direct examination- at the time he is called by the complainant as a witness.
During Cross Examination- at the time the question which calls for an answer which
incriminates him of an offense other than that which is charged is asked.
People considered as natural-born Filipino citizen.
Citizens of the Philippines from birth who do not need to do anything to perfect or
acquire their Philippine Citizenship
Those born before January 17, 1973, of Filipino mothers, who elect Philippine
Citizenship upon attaining the age of majority

Period to elect Filipino citizenship.

The election of Philippine Citizenship must be made within a reasonable time after
attaining the age of majority which has been interpreted as to be within 3 years from reaching
the age of majority. This may be extended under certain circumstances as when the person
concerned has always considered himself a Filipino. (In re: Vicente Ching)

8.
Requirements for expropriation to be exercised by a national government
agency and by a local government unit.
The taking by the State of private property in an expropriation proceeding must be:
for public use; with just compensation which must be judicially determined g, and upon
observance of due process.
The taking by the Local Government Unit must be:
a. Exercised only by the local chief executive, acting pursuant to a valid ordinance;
b. For public use or purpose or welfare, for the benefit of the poor and the landless;
c. Only after a valid and definite offer had been made to, and not accepted by, the owner.
d. LGU may immediately take possession of the property upon the filing of expropriation
proceedings and upon making a deposit with the proper court of at least 15% of the
fair market value of the property based on the current tax declaration of the property to
be expropriated
e. That the amount to be paid for the expropriated property shall be determined by the
proper court, based on the fair market value at the time of the taking of the property.
Local
9.
Rights of the accused (Filipino citizen and foreigner). (DIHISWAC)
Art 3, Sec 14.
a. right to due process
b. right to be presumed innocent
c. right to be heard by himself and by counsel
d. right to be informed on the caue and nature of the accusation against him
e. right to speedy, public and impartial trial
f. right to meet the witnesses face to face
g. right to compulsory process to secure the attendance of witnesses and production of
evidence in his behalf
h. trial in absentia
10.

Instances when bail is a matter of right.

Under Sec 4, Rule 114 of the Revised Rules of Court, bail is a matter of right for all
persons in custody (1) before or after conviction by the Metropolitan Trial Court, Municipal Trial
Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court, and (2) before conviction
by the Regional Trial Court if the offense charged is not punishable by death, reclusion
perpetua, or life imprisonment, when the evidence of guilt is not strong.
11.

Freedom of expression in the campus.

While a student cannot be expelled or suspended on the basis solely of an article he
has written, the Campus Journalism Act should be read as not to infringe the right of the school
to suspend or expel its student if such article results in the material disruption of class or
disorder or invasion of rights of others. (MCF vs CA)
12.

Extent of the States power of taxation.

The exercise of power of taxation must conform to due process of law as it would not
be confiscatory and infringe the Bill of rights; it must adhere Equal Protection Clause which
requires that tax should be uniform and equitable and should have a public purpose which
includes whatever may be beneficial employed for the general welfare.
The following are the inherent limitations of the state's power of taxation: (PNTEI)

a)
b)
c)
d)
e)

Public Purpose
Non-delegability
Territorial in application
Exemption of Government from taxation
International Comity

proceedings and may settle the matter of her naturalization by filing a petition for the
cancellation of her alien certificate of registration.
Tan Chong v Secretary of Labor
The Philippine jurisdiction applies the principle of jus sanguinis (citizenship by blood) not jus soli
(citizenship by birth).

.
13.

Right to privacy and the Anti-Wire Tapping Law.

The right to privacy and communication shall be inviolable except upon lawful order of
the court or when public safety, public safety or order requires otherwise as prescribed by law.
(Sec 3, Art 3, 1987 Constitution)
Juris on RA 4200:
Ramirez vs CA
-RA 4200 makes it unequivocally and clearly illegal for any person not authorized by all the
parties to a private communication to record such communication by means of a tape recorder.
The law does not make any distinction.
Gaanan vs IAC
- Telephone extension is not one among the devices prohibited by the Anti-Wire tapping Law.
In re: Wenceslao Laureta
- A lawyer was held in contempt for the letters he send to the individual justices of the Supreme
Court regarding the performance of their judicial functions. Such letters become part of the
judicial record and are all a matter of concern for the entire court, thus not covered by the
constitutional guarantee on private communication.
Fruit of the poisonous tree.
This doctrine states that when the primary source ("the tree") was unlawfully obtained,
any secondary or derivative evidence ("the fruit") is likewise inadmissible in evidence. This is
culled out from the rule that evidence obtained in violation of Sec. 2, Art. Ill, shall be
inadmissible for any purpose in any proceeding

Villahermosa v Commisioner of Immigration

A minor child born of a Filipino mother before Jan.17,1973 does not automatically become a
Filipino citizen upon his mothers repatriation. One cannot reacquire what one did not lose in the
first place. Thus to become a Filipino, he must elect Filipino citizenship upon reaching the age
of majority.
In Re: Florencio Mallare
An illegitimate child of a Filipino mother and a Chinese father, acquires his mothers citizenship
and is likewise a Filipino. The election of Philippine citizenship may be proven by positive acts
such as the exercise of the right of suffrage.
Labo Jr. v Comelec
Philippine citizenship may be lost through:
a. naturalization in a foreign country
b. express renunciation of citizenship
c. subscribing to an oath of allegiance to a foreign country
Philippine citizenship may be reacquired by:
a. direct act of Congress
b. naturalization
c. repatriation

14.

15.

Republic Act 9225. Citizenship Retention and Re-acquisition Act of 2003

It provides for the restoration or retention of the original citizenship of any natural born
Filipino who has acquired citizenship in a foreign country through naturalization proceedings,
provided he takes an oath.
It further provide that an unmarried child, whether legitimate or illegitimate or adopted,
below 18 years of age shall also acquire derivative citizenship upon taking of such oath by the
parent after the effectively of the law.
Juris on Citizenship:
Moya Lim Yao v Commissioner of Immigration
An alien woman may be deemed a citizen of the Philippines by virtue of her marriage to a
Filipino citizen if she possesses none of the disqualifications enumerated in the Philippine
Naturalization Law. She is then deemed a Filipino without having to submit to naturalization

16.
Miranda rights; Time when an accused may invoked his Miranda rights.
(Art 3, Sec 12)
Any person under custodial investigation or in-custody interrogation has the right to be
informed on the following rights:
a. right to remain silent
b. right to be reminded that in case he waives such right, anything he says may be used
against him
c. right to have an independent and competent counsel preferably of his own choice
d. right to be reminded that if he cannot afford the services of a legal counsel, the state
shall provide him with one
e. at any stage during the investigation, if the accused indicates that he wishes to consult
an attorney before answering, the interrogation must be stopped
f. no evidence obtained in violation of any of the above shall be admissible in evidence
17.

Extent of power of the MTRCB.

The power of MTRCB (Movie and Television Review and Classification Board) can be
exercised solely for the purpose of "classification" and not censorship.
18.
Instances when an owner may recover and/or repurchase an expropriated
property.

Where the government fails to pay just compensation within five years from the finality
of the judgment in the expropriation proceedings, the owners concerned shall have the right to
recover possession of their property.

Should be present at all stages of the interview, counseling or advising caution

reasonably at every turn of the investigation, and stopping the interrogation once in a
while either to give advice to the accused that he may either continue, choose to
remain silent or terminate the interview

On the other hand, the property owners right to repurchase the property depends
upon the character of the title acquired y the expropriator. If land is expropriated for a particular
purpose with the condition that when that purpose is ended or abandoned, the property shall
revert to the former owner, then the former owner can re-acquire the property.

23.
Effect of the silence of the accused during the police investigation and trial of
his case.
The accused has a perfect right to remain silent and his silence cannot be used as a
presumption of his guilt.

c.

19.
a.
b.
c.
d.
e.
f.
g.

Instances when warrantless search and seizure are considered lawful.

When search is made upon a moving vehicle
Search made incidental to a laful arrest
When thing seized is in palinviwe of the searching party
stop and frisk
when there is a valid express waiver independently and intelligently executed
search made by the Bureau of Customs under Title VI, Tariff and Customs Code of the
Philippines
exigent and emergency circumstances

Right to remain silent while in police custody

Whenever a suspect is in the police custody, his constitutional right to remain silent begins, and
this right is to the effect that he cannot be forced or coerced to say a word unless he
volunteered to do so, and shall never be made subject of comment by the prosecution, as the
prosecution is required to prove his case beyond reasonable doubt.
Right to remain silent during trial
If the defendant is not represented by a legal practitioner, the court shall inform him that he has
three alternatives open to him, namely
a.

20.
Freedom of religion.
Freedom of Religion. Sec. 5. Art.3 : "No law shall be made respecting an establishment of
religion or prohibiting the free exercise thereof. The free exercise and enjoyment of religious
profession and worship, without discrimination or preference, shall forever be allowed. No
religious test shall be required for the exercise of civil or political rights."
Two guarantees contained in Sec. 5:
a. Non-establishment Clause;
b. Freedom of religious profession and worship.
- freedom to believe (absolute) and freedom to act according to one's belief
(regulated)
21.
Distinction between overbreadth doctrine and void-for-vagueness doctrine (You
may consider reading the case of Spouses Romualdez v. COMELEC, G.R. NO. 167011)
The void-for-vagueness doctrine holds that a law is facially invalid if men of common
intelligence must necessarily guess at its meaning and differ as to its application.
Claims of facial overbreadth are entertained in cases involving statutes which, by their terms,
seek to regulate only spoken words and again, that overbreadth claims, if entertained at all,
have been curtailed when invoked against ordinary criminal laws that are sought to be applied
to protected conduct.
22.

Persons considered as competent counsel for the accused.

a.
b.

One who will effectively undertake his clients defense without any intervening conflict
of interest
Gives meaningful advice to protect the rights of appellant.

b.
c.
24.

he may make a statement, without being sworn, from the place where he then is ; in
which case he will not be liable to cross examination; or
he may give evidence in the witness box, after being sworn as a witness; in which
case he will be liable to cross-examination; or
he need say nothing at all, if he so wishes, and in addition the court shall ask him if he
has any witness to examine or other evidence to adduce in his defence
Instances when equal protection clause is violated.

All persons or things similarly situated should be treated alike, both as to rights
conferred and responsibilities imposed.
Juris on Equal Protection Clause:
Philconsa v Jimenez
A statute granting retirement benefits to legislators is violative of equal protection for being
unduly discriminatory in favor of lawmakers without raising any substantial distinction that would
justify treating them differently from other elective officials.
Yick Wo v Hopkins
A statute prohibiting the operation of laundry services in buildings made of wood may not be
unconstitutional on its face but may violate equal protection as applied.
DECS v San Diego
The law guarantees equality among equals. The three-flunk rule in NMAT is constitutional for
being based on a substantial distinction between med students, other students and NMAT
flunkers.
Brown v Board of Education
The separate but equal doctrine does not apply to educational institutions. Racial segregation in
schools is inherently unequal as measured by
intangibles.

People v Vera
There exists no difference between a law which denies and a law which permits denial of equal
protection. A probation law, which allows unequal treatment for persons convicted under the
same penal code, is unconstitutional.
Eisenstadt v Baird
A law which regulates the distribution of contraceptives, limiting it to married couples, is
unconstitutional for being overbroad with respect to the married and discriminatory with respect
to the unmarried.
25.

Violation of the doctrine on the separation of the Church and the State.

West Virginia Board of Education v Barnette

Rights may be impaired only to prevent grave and immediate danger. National unity is not a
sufficient justification for compelling Jehovahs Witnesses to perform the flag salute against
their religious beliefs. Unity may not be obtained through compulsion.
Aglipay v Ruiz
The influence of religion on human affairs cant be denied. The printing of postage stamps on
the occasion of a Catholic celebration, when not religiously motivated, is not unconstitutional,
even when the Catholic Church received incidental propaganda thereby.
Austria v NLRC
The state will not interfere with ecclesiastical affairs (involves the relations between the Church
and its members; relate to matters of faith, religious doctrines, worship and governance of
Congregation); but the Labor Code is comprehensive enough to include religious corporations
in case labor disputes arise which would require government intervention.
Engel v Vitale The non-establishment clause does not depend upon any showing of direct
governmental compulsion. It is violated by the enactment of laws, which establish an official
religion, whether or not these laws operate directly to coerce non-observing individuals.
The fact, therefore, that a prayer recited in public schools was denominationally neutral and
voluntary is immaterial.
Victoriano v Elizalde Rope Workers Union
RA3350 closed-shop agreements shall not cover members of any religious sect which prohibits
affiliation of their members with any labor organization does not violate Art. III Sec. 5 because:
a) purpose is secular upholding the constitutional right of freedom of religion
b) no positive act is required, therefore not a religious test for the exercise of a civil right
c) no privilege granted to INC merely places them on an equal footing with members
whose religions do not prohibit them from joining
26.

Violation of the guaranty of press freedom.

In Re: Atty. Emiliano P. Jurado, Jr.,

The Court said that a publication that tends to impede, embarrass or obstruct the court and
constitutes a clear and present danger to the administration of justice is not protected by the

guarantee of press freedom and is punishable by contempt. It is not necessary to show that the
publication actually obstructs the administration of justice; it is enough that it tends to do so.
In Re: Sotto, 46 O.G. 257
A senator was punished for contempt for having attacked a decision of the Supreme Court
which he called incompetent and narrow-minded, and announcing that he would file a bill for its
reorganization.
In Re: Column of Ramon Tulfo
Tulfos Sangkatutak na Bobo column was held contumacious. Freedom of the press is
subordinate to the decision, authority, integrity and independence of the judiciary and the
proper administration of justice. While there is no law to restrain or punish the freest expression
of disapprobation of what is done in or by the courts, free expression must not be used as a
vehicle to satisfy ones irrational obsession to demean, ridicule, degrade and even destroy the
courts and their members.