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Bill of Rights Reviewer
Bill of Rights Reviewer
Bill of Rights Reviewer
Fundamental powers of the State (police power, eminent domain, taxation) The two aspects of due process are:
1) Substantive due process simply means that the law be reasonable and not
1. POLICE POWER is the most essential, insistent and the least limitable of arbitrary.
powers, extending as it does to all the great public needs. It is the power 2) Procedural due process meant a law that hears before it condemns; that
vested in the legislature by the constitution to make, ordain, and establish all proceeds upon inquiry, and renders judgment only after trial.
manner of wholesome and reasonable laws, statutes, and ordinances, either DO LIFE AND PROPERTY ENJOY IDENTICAL PROTECTION FROM THE
with penalties or without not repugnant to the constitution, as they shall CONSTITUTION?
judge to be for the good and welfare of the commonwealth, and of the
subject of the same. NO. The primacy of human rights over property rights is recognized. Property rights
can be lost through prescription while human rights is imprescriptible.
SCOPE: Police power rests upon public necessity and upon the right
of the state and of the public to self-protection. DOES EQUAL PROTECTION OF LAW PROHIBIT CLASSIFICATION?
2. POWER OF EMINENT DOMAIN is the ultimate right of the sovereign NO, but the classification must be reasonable. To be reasonable, it; KEY: RGLA
power to appropriate, not only the public but private property of all citizens 1) Must rest on substantial distinction;
within the territorial sovereignty to public purpose. 2) Must be germane to the purpose of law;
3) Must not be limited to existing conditions only;
3. POWER OF TAXATION is the power to raise revenue for governmental 4) Must apply equally to all members of the same class.
purposes.
GIVE THE MEANING/RELATIVITY OF DUE PROCESS ACCORDING TO
TO WHAT AREAS OF LIEE POLICE POWER HAS PERVASIVE REACH? THE CASE OF US v. LING SU FAN
Police power has been used to justify enactments in the fields of:
In the case of U.S. v. Ling Su Fan due process simply means:
1) Public health measures like make house repairs; compulsory connection to 1) That there shall be a law prescribed in harmony with the general powers
sewerage system; license to practice medicine; regulation of cattle imports; of the legislative department of the Government;
sale of meat. 2) That this law shall be reasonable in its operation;
2) Public safety measures like building regulations; regulation of carrying 3) That it shall be enforced according to the regular methods of procedure
deadly weapons; participation in rotational patrol duty; regulation of prescribed; and
gasoline stations and movie theaters; use of city roads. 4) It shall be applicable alike to all citizens of a state or to all of a class.
3) Public moral like regulating the operation of public dance halls;
prohibiting gambling; licensing of cock-pits; prohibiting the operation of GIVE THE ESSENTIALS OF PROCEDURAL DUE PROCESS IN JUDICIAL
pinball machines; regulating the operation of motels and hotel; regulating PROCEEDINGS ACCORDING TO THE CASE OF BANCO ESPANOL v.
establishment of massage parlors. PALANCA
4) General (public) welfare like regulating slaughter of carabaos; provisions
for the suppression of agricultural pests; regulating nuisances; rules for the In the case of Banco Espanol Filipino v. Palanca, the essentials of procedural due
deportation of aliens; regulating building construction; prescribing process in JUDICIAL PROCEEDINGS are:
1) There must be a court or tribunal clothed with 5) The evidence must be duly considered by the
judicial power to hear and determine the matter investigating committee or official designated by
before it; the school authorities to hear and decide the case.
2) Jurisdiction must be lawfully acquired over the
person of the defendant or over the property Constitutional and statutory due process
which is the subject of the proceedings;
3) The defendant must be given opportunity to be No person shall be deprived of life, liberty or property
heard; and without due process of law, nor shall any person be denied
4) Judgment must be rendered upon lawful hearing. the equal protection of the laws (Section 1, Art. III).
GIVE THE CARDINAL PRIMARY Statutory due process: Laws shall take effect after fifteen
REQUIREMENTS OF DUE PROCESS IN (15) days following the completion of their publication
ADMINISTRATIVE PROCEEDINGS either in the Official Gazette or in a newspaper of general
circulation, unless it is otherwise provided (Art. 2 Civil
In the case of Ang Tibay v. Court of Industrial Relations, Code of the Philippines).
the Cardinal primary requirements in
ADMINISTRATIVE PROCEEDINGS were summarized EXPLAIN VOID FOR VAGUENESS DOCTRINE
as follows:
1) The right to a hearing, which includes the right to In People v. Nazario 186, 195-196 (1088) the Supreme
present ones case and submit evidence thereof; Court said:
2) The tribunal must consider the evidence
presented; As a rule, a statute or act may be said to be vague when it
3) The decision must have something to support lacks comprehensible standards that men of common
itself; intelligence must necessarily guess at its meaning and
4) The evidence must be substantial (such differ in its application.
reasonable evidence as a reasonable mind might
accept as adequate to support a conclusion). It is repugnant to the Constitution in two aspects:
5) The decision must be based on evidence 1) it violates due process for failure to accord
presented at the hearing, or at least contained in persons, especially the parties targeted by it, fair
the record and disclosed to the parties affected; notice of the conduct to avoid; and
6) The tribunal or body or any of its judges must act 2) it leaves law enforcers unbridled discretion in
on its independent consideration of the law and carrying out its provisions and becomes an
facts of the controversy, and not simpy accept the arbitrary flexing of the Government muscle.
views of a subordinate; and
7) The Board or body should, in all controversial Concept of Equal protection
questions, render its decision in such manner that In Tolentino v. Board of Accountancy), the Supreme Court
the parties to the proceeding can know the said: The guarantee of equal protection means that no
various issues involved, and the reason for the person or class of persons shall be deprived of the same
decision rendered. protection of the laws which is enjoyed by other persons
or other classes in the same place and in like
circumstances.
GIVE THE MINIMUM STANDARS WHICH MUST
BE MET BY THE SCHOOLS TO SATISFY THE Standards of judicial review on equal protection:
DEMANDS OF PROCEDURAL DUE PROCESS 1) Rational Basis Test
A law that touches on a constitutionally
In Guzman v. National University, the Supreme Court protected interest must be rationally related to
provided the guidelines for the handling of disciplinary furthering a legitimate government interest. In
cases in schools: applying the rational basis test, courts begin with
1) The students must be informed in writing of the a strong presumption that the law or policy under
nature and cause of an accusation against them; review is valid.
2) They shall have the right to answer the charges 2) Strict scrutiny test
against them, with the assistance of counsel, if To pass strict scrutiny, the law or policy must
desired; satisfy three (3) tests:
3) They shall be informed of the evidence against 1) It must be justified by a compelling
them; governmental interest;
4) They shall have the right to adduce evidence in
their own behalf; and
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2) The law or policy must be narrowly to believe that an offense has been committed by the
tailored to achieve the goal or interest; person sought to be arrested.
and
3) The law or policy must be the least Probable cause for a search meant such facts and
restrictive means for achieving that circumstances which would lead a reasonably discreet and
interest, that is, there cannot be a less prudent man to believe that an offense has been committed
restrictive way to effectively achieve and that the objects sought in connection with the offense
the compelling government interest. are in the place sought to be searched.
4) the warrant must particularly describe the place 5) Search of moving vehicle;
to be searched and person to be seized.
6) Inspection of buildings and other premises for the
Probable cause meant such reasons, supported by facts enforcement of sanitary and building regulations;
and circumstances, as will warrant a cautious man in the
belief that his action and the means taken in prosecuting it, 7) When prohibited articles are in plain view;
are legally just and proper.
8) Search and seizure under exigent and emergency;
Probable cause for an arrest or for the issuance of a
warrant of arrest mean such facts and circumstances 9) Areal target zoning or saturation drive (valid
which would lead a reasonably discreet and prudent man exercise of military powers of the President;
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10) Searches of passengers at airport. R.A. 6235 (2) Any evidence obtained in violation of this or the
provides that every airline ticket shall contain a preceding section shall be inadmissible for any purpose
condition that hand-carried luggage, etc., shall be in any proceeding.
subject to search and this condition shall form
part of the contract between the passenger and
the air carrier. What is the writ of habeas data?
It is a remedy available to any person whose right to
privacy in life, liberty or security is violated or threatened
by an unlawful act or omission of a public official or
employee, or of a private individual or entity engaged in
DO THE ORDINARY RIGHTS AGAINST
the gathering, collecting or storing of data or information
UNREASONABLE SEARCHES AND SEIZURES
regarding the person, family, home and correspondence of
APPLY TO SEARCHES CONDUCTED AT THE
the aggrieved party.
AIRPORT PURSUANT TO ROUTINE AIRPORT
Who may file a petition for the issuance of a writ of
SECURITY PROCEDURES?
habeas data?
1) When, in his presence the person to be arrested Where can the petition be filed?
has committed, is actually committing, or
attempting to commit an offense;
1) Regional Trial Court where the petitioner or
respondent resides, or that which has
2) When an offense has in fact been committed, and jurisdiction over the place where the data or
he has personal knowledge of facts indicating information is gathered, collected or stored,
that the person to be arrested has committed it; at the option of the petitioner;
and
2) Supreme Court;
3) When the person to be arrested is a prisoner who
has escaped from a penal establishment or place
3) Court of Appeals; or
where he is serving a final judgment or
temporarily confined while his case is pending,
or has escaped while being transferred from one 4) Sandiganbayan, when the action concerns
confinement to another. public data files of government offices.
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EXPLAIN PRIOR RESTRAINT AND SUBSEQUENT unprotected may nevertheless challenge a statute by
PUNISHMENT showing that it substantially abridges the First
Amendment rights of other parties not before the court.
PRIOR RESTRAINT means governmental restrictions on
the press or other forms of expression in advance of actual
publication like licensing, judicial restraint in the form of Commercial speech
injunction or taxes measured by gross receipts for the
privilege or flat license fee for the privilege of selling The Supreme Court of the United States has prescribed the
religious books. four-prong Central Hudson test to determine whether a
governmental regulation of commercial speech is
SUBSEQUENT PUNISHMENT is an assurance so that an constitutional. This test asks initially:
individual may not hesitate to speak for fear that he might
be held to account for his speech or that he may suffer the 1) whether the commercial speech at issue is
retaliation of the officials he may have criticized or cited. protected by the First Amendment (that is,
whether it concerns a lawful activity and is
Tests: EXPLAIN DANGEROUS TENDENCY RULE, not misleading) and
CLEAR AND PRESENT DANGER, AND THE
BALANCING OF INTEREST TEST 2) whether the asserted governmental interest in
restricting it is substantial. If both inquiries
Dangerous Tendency Rule For speech to be punishable, yield positive answers, then to be
there should be a rational connection between the speech constitutional the restriction must;
and the evil apprehended. Simply put, the determination
by the question: Is the statute reasonable? 3) directly advance the governmental interest
asserted, and
Clear and Present Danger Rule: The question in every
case is whether the words used in 4) be not more extensive than is necessary to
such circumstances are of such serve that interest.
nature as to create a clear and present
danger that they will bring about the
substantive evils that Congress has a
right to prevent. It is a question of Private vs. Government speech
proximity and degree.
The right of the people, including those employed in Exercise of local government expropriation requires an
the public and private sectors, to form unions, ORDINANCE( not a resolution) passed by the council
associations, or societies for purposes not contrary to empowering the mayor to exercise expropriation and at
law shall not be abridged (Section 8, Article III). the same time appropriating budget thereof. Prior to the
exercise of eminent/inferior domain, the government
Eminent Domain must make a prior offer to buy the land. If the owner
refused, the local government may initiate
Private property shall not be taken for public use expropriation proceedings. The requirements are:
without just compensation (Section 9, Art. III)
1) An ordinance passed by the council
Just compensation authorizing the mayor, in behalf of the LGU,
to exercise the power of eminent domain;
The compensation given to the owner is just if he 2) The power is exercised for public use, or
receives for his property a sum equivalent to its market public welfare, or for the benefit of the poor
value. Market value is the price fixed by the buyer and the landless;
and seller in the open market in the usual and ordinary 3) Payment of just compensation;
course of legal trade and competition; the price and 4) A valid and definite offer has been
value of the article established or shown by sale, public previously made but said offer was refused
or private, in the ordinary way of business; the fair (Jesus is Lord School v. Municipality of
value of property between one who desires to purchase Pasig, G.R. No. 152230, August 9, 2005)
and one who desires to sell; the current price; the Contract Clause
general or ordinary price for which property may be
sold in that locality. To the market value must include No law impairing the obligation of contracts shall be
CONSEQUENTIAL DAMAGES. From the passed Section 10, Article III).
consequential damages must be deducted the
CONSEQUENTIAL BENEFITS, which is the increase The law impairs the obligation of contracts when:
in the value of the other interests of the owner that can 1) it changes the terms of a legal contract
be attributed to the new use to which his former between the parties, either in time or mode
property will be put by the expropriating authority of performance;
(Manila Railroad Co. v. Rodriguez 13 Phil. 347 (1909). 2) it imposes new conditions or dispenses with
those expressed; and
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3) it authorizes for its satisfaction something reason for the arrest and he must be shown the
different from that provided in the terms. warrant of arrest, if any;
2) He must be warned that he has a right to remain
Legal assistance and free access to courts silent and that any statement he makes may be
used as evidence against him;
Free access to courts, quasi-judicial bodies and 3) He must be informed that he has the right to be
adequate legal assistance shall not be denied to any assisted at all times and have the presence of an
person by reason of poverty (Section 11, Article III). independent and competent lawyer, preferably of
his own choice;
Rights of suspects (Section 12, Art. III) 4) He must be informed that if he has no lawyer or
cannot afford the services of a lawyer, one will be
(1) Any person under investigation for the provided to him;
commission of an offense shall have the right to be 5) That whether or not the person arrested has a
informed of his right to remain silent and to have a lawyer, he must be informed that no custodial
competent and independent counsel preferably of his investigation in any form shall be conducted
own choice. If the person cannot afford the services of except in the presence of his counsel or after a
counsel, he must be provided with one. These rights valid waiver has been made;
cannot be waived except in writing and in the presence 6) The person arrested must be informed that, at any
of counsel. time, he has the right to communicate or confer
by the most expedient means, e.g., by telephone,
(2) No torture, force, violence, threat, intimidation of radio, letter or messenger, with his lawyer (either
any other means which vitiates the free will shall be retained or appointed), any member of his
used against him. Secret detention places, solitary, immediate family, or any medical doctor, priest
incommunicado, or other similar form of detention are or minister chosen by him or by anyone of his
prohibited. immediate family or by his counsel, or be visited
by/confer with duly accredited national or
(3) Any confession or admission obtained in violation international non-government organization;
of this or Section 17 hereof shall be inadmissible in 7) He must be informed that he has the right to
evidence against him. waive any of said rights provided it is made
voluntarily, knowingly, and intelligently, and
(4) The law shall provide for penal and civil sanctions ensure that he understood the same;
for violations of this section as well as compensation to 8) In addition, if the person arrested waives his right
and rehabilitation of victims of torture of similar to a lawyer, he must be informed that it must be
practices, and their families. done i writing and in the presence of counsel,
otherwise, he must be warned that the waiver is
The rights available to a person under investigation void even if he insists on his waiver and chooses
are: to speak;
9) The person arrested must be informed that he
1) the right to remain silent may indicate in any manner at any time or stage
2) the right to competent and independent of the process that he does not wish to be
counsel preferably of his own choice; questioned with a warning that once he makes
3) the right to be informed of such rights. such indication the police may not interrogate
him if the same had not yet commenced, or the
interrogation must cease if it has already begun;
Custodial investigation shall include the practice of 10) The person arrested must be informed that his
issuing an INVITATION to a person who is initial waiver of his right to remain silent, the
investigated in connection with an offense he is right to counsel or any of his rights does not bar
suspected to have committed without prejudice to the him from invoking it at any time during the
liability of the inviting officer for any violation of process, regardless of whether he may have
law (Republic Act 7438; People vs. Dumantay, G.R. answers some questions or volunteered some
No. 130612, May 11, 1999) statements; and
11) He must be informed that any statement or
Guidelines for arresting officers evidence, as the case may be, obtained in
1) The person arrested, detained, invited or under violation of any of the foregoing, whether
custodial investigation must be informed in a inculpatory or exculpatory, in whole or in part,
language known to and understood by him of the shall be inadmissible in evidence (People v.
Mahinay, G.R. No. 122485, February 1, 1999).
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The right to have compulsory process for the
Rights of the accused attendance of witnesses.
In order to establish the right to continuance by reason
Section 14, Article III No person shall be held to of the absence of witnesses the accused must show:
answer for a criminal offense without due process of
law. 1) that the witness is really material;
2) that he is not guilty of any
Factors to consider in determining bail: neglect in previously obtaining
1) Nature of the offense; attendance of said witness;
2) Ability of the accused to post bail; 3) that the witness will be available
3) Penalty imposed by law; at the time desired; and
4) Strength of the evidence; 4) that no similar evidence could
5) Character and reputation of the accused; be obtained (U.S. v. Ramirez,
6) Health of the accused; 39 Phil 738 (1919).
7) Probability of the accused appearing for trial;
8) The forfeiture of bonds; Habeas Corpus
9) whether the accused is a fugitive from justice when
arrested; and The privilege of the writ of habeas corpus shall not be
10) whether the accused is under bond in other cases suspended except in cases of invasion or rebellion when
public safety requires it (Section 15, Article III).
Presumption of innocence
Writ of habeas corpus is a writ issued by a court directed
In all criminal prosecutions, the accused shall be to a person detaining another, commanding him to
presumed innocent until the contrary is proved, and produce the body of the prisoner at a designated time and
shall enjoy the right to be heard by himself and place, with the day and cause of his caption and detention,
counsel, to be informed of the nature and cause of the to do, to submit to and to receive whatever the court or
accusation against him, to have a speedy, impartial, judge awarding the writ shall consider in his behalf.
and public trial, to meet the witnesses face to face, and
to have compulsory process to secure the attendance of The ultimate purpose of the writ is to relieve a person
witnesses and the production of evidence in his behalf. from unlawful restraint.
However, after arraignment, trial may proceed
notwithstanding the absence of the accused provided Grounds for suspension of the privilege of habeas
that he has been duly notified and the failure to appear corpus; duration; power of Congress; review power of
is unjustifiable. the Supreme Court; application of suspension; martial
law and suspension of the privilege.
Ingredients of due process as applied in criminal
proceedings: In case of invasion or rebellion, when the public safety
1) the accused has been heard in a requires it, the President may for a period not exceeding
court of competent jurisdiction; sixty (60) days, suspend the privilege of the writ of habeas
2) the accused is proceeded corpus x x x.
against under the orderly
processes of law; Significant number of days in case of the suspension of
3) the accused has been given the privilege of habeas corpus:
notice and the opportunity to be
heard; and 1) President to suspend the
4) the judgment was within the privilege of habeas corpus 60
authority of a constitutional law days any extension is upon the
initiative of the President the
The basic rights of the accused are: period of which is subject to
1) the right to be presumed innocent; determination by the Congress
2) to be heard by himself and counsel; on persistence of invasion or
3) to be informed of the nature and cause of the rebellion and public safety
charge requires it.
4) to have a speedy, impartial and public trial; 2) President to report in person or
5) the right of confrontation; and in writing to the Congress 48
6) the right to have compulsory process hours from the suspension of
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the privilege of the writ of No person shall be compelled to be a witness against
habeas corpus himself (Section 17, Article III).
3) The Supreme Court may
review and render decision It was established on the ground of public policy and
thereon within 30 days from humanity: Of policy, because, if the party were
filing required to testify, it would place the witness under the
4) Any person arrested should be strongest temptation to commit perjury;
judicially charged within 3
days if not, shall be released. The right against self-incrimination is available not only in
criminal prosecutions but also in other government
Note: To revoke either the proclamation of proceedings, civil actions, and administrative or legislative
martial law or suspension of the investigations. It may be claimed not only by the accused
privilege of habeas corpus but any witness to whom the incriminating question is
CONGRESS HAS TO MEET AND directed. It may be invoked only by natural individuals.
VOTE JOINTLY BY A VOTE OF
MAJORITY of all its members in The guarantee/immunity of the witness may be
regular or special session Section transactional immunity and use and fruit immunity
18, Art. VII). (Immunity statutes)
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b) service in defense of the State (Section 4, 5) defendant was previously acquitted or
Art II); convicted, or the case dismissed or
c) naval (merchant marine) enlistment otherwise terminated without his
d) posse comitatus express consent.
e) return to work order in industries affected
with public interest Doctrine of supervening event. The accused may still be
f) patria potestas prosecuted for another offense if a subsequent
development changes the character of the first indictment
Proscribed punishments under which the accused may have already been charged
or convicted. Thus, under Section 7, rule 117, Rules of
(1) Excessive fines shall not be imposed, nor cruel, Court, the conviction of the accused shall not be a bar to
degrading or inhuman punishment inflicted. Neither another prosecution for an offense which necessarily
shall death be imposed, unless for compelling reasons includes the offense charged in the original complaint or
involving heinous crimes, the Congress hereafter information when:
provides for it. Any death penalty already imposed
shall be reduced to reclusion perpetua. 1) the graver offense developed due to
supervening facts arising from the
(2) The employment of physical, psychological, or same act or omission;
degrading punishment against prisoner or detainee, or 2) the facts constituting the graver
the use of substandard or inadequate penal facilities offense arose or were discovered
under subhuman conditions shall be dealt with by law only after the filing of the former
(Section 19, Art. III). complaint or information; or
3) the plea of guilty to a lesser offense
Non-imprisonment for debts was made without the consent of
the fiscal or the offended party
No person shall be imprisoned for debt or non- (People v. Villarama, 210 SCRA
payment of a poll tax (Section 20, Art. III). 246).
No person shall be twice put in jeopardy of No ex post facto law or bill of attainder shall be
punishment for the same offense. If an act is punished enacted (Section 22, Art. III).
by a law and an ordinance, conviction or acquittal
under either shall constitute a bar to another Kinds of ex post facto law:
prosecution for the same act (Section 21, Art. III ). 1) Every law that makes criminal an action
done before the passage of the law and
To raise the defense of double or second jeopardy, which was innocent when done, and
three (3) requisites must be shown: punishes such action (Nulla poena
sine lege, there is no crime when there
1) a first jeopardy must have attached is no law punishing it). Art. 21 of RPC
prior to the second (fjaps) provides: No crime of misdemeanour
2) the first jeopardy must have terminated shall be punished by a penalty which
(fjt) was not established by law prior to its
3) the second jeopardy must be for the commission.
same offense as that of the first 2) Every law that aggravates a crime, or
(sjsoaf) makes it greater than it was when
committed
For jeopardy to attach 3) Every law that changes punishment, and
inflicts a greater punishment than the
Jeopardy attaches: law annexed to the crime when
committed;
1) upon good indictment (gi) or valid 4) Every law that alters the legal rules of
complaint evidence, and receives less or different
2) filed before a competent court (cc) testimony than the law required at the
3) after arraignment (aa) time of the commission of the offense,
4) after plea (ap) in order to convict the defendant
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(Mekin v. Wolfe, 2 Phil. 74, 77-8 protection to which they have become
(1903); entitled such as the protection of a
5) Every law which, assuming to regulate former conviction or acquittal, or of a
civil rights and remedies only in effect proclamation of amnesty.
imposes a penalty or the deprivation of
a right for something which when done Bill of attainder is a legislative act which inflicts
was lawful (In re Kay Villegas Kami, punishment without judicial trial (Cummings v. Missouri)
35 SCRA 429, 431 October 22, 1970). If the penalty be less than death, the act is termed bill of
6) Every law which deprives persons pains and penalties.
accused of a crime of some lawful
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