Bill of Rights series of protections, freedoms, and liberties to constrain arbitrary state power. J.

Maboloc

Constitutional Law Eminent Domain

I. Definition and Scope.

A. Definition the use of power of eminent domain arises when a certain private property is subject
for public use whereby the owner thereof is unwilling, or being willing, cannot agree to the
conditions of the transfer.

B. Use of coercion through judicial action by the use of the power of eminent domain, it can
then, upon payment of just compensation, forcibly acquire the needed property in order to
devote it to the intended public use.

Power of expropriation the highest and most exact idea of property remaining in the
government that may be acquired for some public use through a method in the nature of a
compulsory sale to the state.

C. Inherent the right to exercise the power of eminent domain by the state does not need to be
specifically conferred by the Constitution.

D. Limitation Article III section 9, private property shall not be taken for public use without just
compensation. Hence it is construed strictly against the State and liberally in favor of the
Individual that the plain meaning of the law should not be enlarged by doubtful interpretation.

II. WHO MAY EXERCISE

A. Power of expropriation is exercised by:

1. The Congress [Primary]
2. The President of the Philippines.
3. The various local legislative bodies.
4. Certain public corporations - Water districts, NHA.
5. Quasi-public corporations Meralco.

B. Requisites
1. Local government unit:
i. Enactment of ordinance which is permanent in character.
ii. For public use or welfare, or for the benefit of the poor and the landless.
iii. Just compensation.
iv. Its exercise must be preceded by a valid and definite offer made to the owner, who
rejects the same.

Procedure:

i. File a complaint for expropriation sufficient in form and substance in the proper court.
ii. Deposit with the said court at least 15% of the propertys fair market value based on its
current tax declaration.

C. Necessity of exercise questions of necessity or wisdom by the Congress are not going to be
subject for judicial review as it is political in nature unless the private owner brings the action
before the court on procedural matters or the legality of the actions of the expropriator.

The necessity of its exercise is determined by Congress alone in its discretion.

i. Two stages of expropriation proceeding:

1. Determination of the validity of the expropriation. A justiciable question which
should be resolved during this stage of the proceeding.
2. Determination of just compensation. Once the State decides to exercise its power of
eminent domain, the Courts will be left to determine the amount of just
compensation to be paid.
- The remedy of prohibition for the State to expropriate a property becomes
available when there is no agreement on the amount thereof.
Bill of Rights series of protections, freedoms, and liberties to constrain arbitrary state power. J. Maboloc

III. PRIVATE PROPERTY.

A. Subject anything that can come under the dominion of man is subject to expropriation. This
includes real and personal, tangible and intangible properties. The exception to this rule are:

i. Money expropriation of money would not make any sense because the requirement for
the payment of just compensation is usually also in money.
ii. Choice in action because a personal right is not reduced into a possession but
recoverable by a suit at law. Example, demand or damages on a cause of action for a tort
or omission of duty.

B. Private property already devoted to public use the said property is still subject to
expropriation, but this can only be done by the Congress or under a specific grant of authority to
the delegate.

C. The property must be wholesome it must be as it is intended for public use contrary from the
property taken under police power, which is sought to be destroyed because it is noxious or
intended for a noxious purpose.

IV. TAKING.

A. Definition, generally it is commonly understood, imports a physical dispossession of the owner

thus deprived of all beneficial use and enjoyment of his property.

B. In Law, it has a broader connotation taking may include trespass without actual eviction of
the owner, material impairment of the value of the property. Violation of such individual rights
may entitle the individual for just compensation although there is no divestiture of title.

This includes: [Generally lessens or destroy the value of the property]

1. Destruction
2. Restriction
3. Diminution
4. Interruption

In what case where taking is not compensable?

This happens when taking may be justified under the Police Power aimed at improving the
general welfare. The damages sustained by the property owners are regarded as merely
incidental to a proper exertion of such power which are in the nature of damnum absque injuria or
loss without injury.

Qualifying rule: This is valid as long as the prejudice suffered by the individual property owner is
shared in common with the rest of the community. [Richards vs Washington Terminal]

C. Requisites of Eminent domain [ Republic vs Castellvi]: EMLPU

1. The expropriator must enter a private property.
2. The entry must be for more than a momentary period.
3. The entry must be under warrant or color of legal authority.
4. The property must be devoted to public use or otherwise informally appropriated or
injuriously affected.
5. The utilization of the property for public use must be in such a way as to oust the owner and
deprive him of beneficial enjoyment of the property.

Sidetrack: The arbitrary action of the Government shall be deemed a waiver of its immunity from suit
thus the owner can file a complaint with the proper court and not necessarily with the Commission on
Audit for payment of just compensation. [Amigable vs Cuenca]
Bill of Rights series of protections, freedoms, and liberties to constrain arbitrary state power. J. Maboloc

V. Public Use

A. Definition, generally means any use directly available to the general public as a matter of right
and not merely of forbearance or accommodation. When a private property is expropriated, it
becomes res communes (things owned by no one) as such it is directly enjoyed by any and all
members of the public indiscriminately.

Does it necessarily mean that the expropriated property intended for public use be available for
free?

It does not matter whether the use will be for free or for a fee, what is important is that any
member of the general public can demand the right to use the converted property for his direct
and personal convenience.

B. Modern expanded meaning of Public use although the expropriation of a private property
intended to be enjoyed by a select few, the general public in some way redound it to their indirect
advantage or benefit as part of the promotion of social justice conferred by the constitution. I.e.
conversion of slum area into a model housing community.

VI. Just Compensation

A. Definition full and fair equivalent of the property taken from the private owner by the
expropriator at the time of the filing of the complaint.

The fair value of the property as between one who receives, and one who desires to sell, fixed at
the time of the actual taking by the government.

Rationale: it is intended to indemnify the owner fully for the loss he has sustained as a result of
the expropriation.

B. Just to intensify the meaning of the word compensation, to convey the idea that the equivalent
to be rendered for the property taken shall be real, substantial, full, and ample.

How the justness of the compensation is attained?

This can be attained by using reliable and actual data as bases in fixing the value of the
condemned property. The effect of such is aimed that the compensation be fair not only to the
owner but also to the expropriator.

C. Who are owners? [Knecht vs CA]

They refer to all those who have lawful interest in the property to be condemned, including a
mortgagee, a lessee, and a vendee in possession under an executory contract.

D. What are the factors considered in arriving at the fair market value of the property?

1. The cost of acquisition.

2. The current value of like properties, this includes, its size, shape, location, and tax
declarations.
3. Its actual and potential uses.
4. Consequential damages where, when a property is expropriated, the remaining part
thereof of the owner suffers from an impairment or decrease in value.
Consequential benefits where, the remainder of the property is as a result of expropriation
placed in a better location.

- The consequential benefits must be deducted from consequential damages.

E. Who determines Just Compensation?

The determination of just compensation is clearly a judicial function, therefore it is the Court.
Any determination thereof by any administrative body would be at best preliminary and should
not be considered as conclusive upon the landowner or any other interested party.
Bill of Rights series of protections, freedoms, and liberties to constrain arbitrary state power. J. Maboloc

F. When is just compensation ascertained?

It is at the time of the taking, there pertains to the time when the landowner is deprived of the
use and benefit of his property, such as when title is transferred to the republic.

G. Are the owners entitled to payment of interest? [Apo Fruits Corporation vs LBP]

To be just, the compensation must not only be the correct amount to be paid; it must also be paid
within a reasonable time from the time the land is taken from the owner. If not, the State must
pay the landowner interest, by way of damages, from the time the property was taken until just
compensation is fully paid.

The interest is deemed part of the just compensation due. The prevailing jurisprudence has it at
12% per annum.

Requisite: Interest must be claimed, however, or are deemed waived.

Sidetrack: Claim for just compensation for property taken for public use is neither barred by
laches nor prescription. [Eusebio vs Luis]

H. Are all properties expropriated be recovered by the owner? [Republic vs Lim] the owners were
remained unpaid for more than 50 years.

The prevailing doctrine is that the non-payment of compensation does not entitle the private
land-owner to recover possession of the expropriated lots, however, in cases where the
government failed to pay the compensation within five years from the finality of the judgment in
the expropriation proceedings, the owner concerned shall have the right to recover possession
of their property.

I. What constitutes for the owner to waive his right to recover possession of a property? [Rep
vs Mendoza]

It is when the landowner agrees voluntarily to the taking of his property by the government for
public use. His failure to question for a long period the failure of the government to institute
expropriation proceedings constitutes a waiver of his right to regain possession of his property.

In the situation provided above, his remedy would be an action for payment of just
compensation, not sue for ejectment.

J. What is the doctrine of inverse condemnation? [taking may occur without such expropriation
proceeding]

The action to recover just compensation from the State or its expropriating agency.

*The title of the property shall not be transferred until after actual payment of just compensation is made
to the owner.

Constitutional law Taxation

I. Nature and Definition Life blood doctrine

Taxes are enforced proportional contributions from persons and property, levied by the State
by virtue of its sovereignty, for the support of government and for all public needs.

Taxation is the method by which these contributions are exacted.

Rationale: It is derived from the unavoidable obligation of the government to protect the
people and extend to them benefits in the form of public projects and services. The people
have then a reciprocal duty of sharing the expenses to be incurred therefor through the
payment by them of taxes.
Bill of Rights series of protections, freedoms, and liberties to constrain arbitrary state power. J. Maboloc

Exception: the power of taxation is not applied if it would work injustice against an innocent
party.

A. Taxes vs Licenses.

Taxes are levied to raise revenues for the maintenance and sustenance of the government
whereas licenses are imposed for regulatory purposes only which are justified under the
police power.

II. Scope

The power of taxation is pervasive that it reaches even the citizen abroad and his income
earned from sources outside his State.

All income earned in the taxing State, whether by citizens or aliens, and all immovable and
tangible personal properties found in its territory, as well as tangible personal property
owned by persons domiciled therein, are subject to its taxing power.

III. Who may exercise

The power of taxation is inherent in the State. It is primarily vested in the national legislature,
it may now also be exercised by the local legislative bodies, no longer by virtue of a valid
delegation pursuant to Article X of the Constitution.

As a general rule, there must be a statutory grant for a local government unit to impose
lawfully a tax as that unit not having the inherent power of taxation.

A. Legislatures scope of exercise:

1. Amount of the tax.
2. Questions of whether or not to tax.
3. Whom or what to tax or for what purpose.

Limitation: its exercise may be denied specifically when it violates the due process and equal protection
clauses or the particular restrictions on the power of taxation as prescribed in Article VI, section 28 of the
Constitution.

IV. Due process and Taxation

Taxation is subject to the requirement of due process.

Taxes will not be allowed if they are confiscatory, except where they are intended precisely
for destruction as an instrument of the police power.

A. Situation where due process does require notice and hearing before a law prescribing
fixed or specific taxes on certain articles may be enacted:

The tax to be collected is to be based on the value of the taxable property, the taxpayer
is entitled to be notified of the assessment proceedings and to be heard therein on the
correct valuation to be given the property.

V. Equal protection and Taxation

Taxation is subject to the general requirement of the equal protection clause, as clearly
stated in the Constitution that the rule of taxation shall be uniform and equitable.

A. What does uniformity constitute?

Uniformity in taxation means that persons or things belongings to the same class shall be
taxed at the same rate.

This is primarily guided by:

1. The standards that are used therefor are substantial and not arbitrary.
Bill of Rights series of protections, freedoms, and liberties to constrain arbitrary state power. J. Maboloc

2. The categorization is germane to achieve the legislative purpose.

3. The law applies, all things being equal, to both present and future conditions.
4. The classification applies equally well to all those belonging to the same class.

B. Equality in taxation

Simply means that the tax shall be strictly proportional to the relative value of the property
and apportioned among the people according to their capacity to pay.

VI. What is double taxation?

There is double taxation when additional taxes are laid on the same subject by the same
taxing jurisdiction during the same taxing period and for the same purpose.

Although the Constitution did not specifically mention the prohibition of double taxation,
but the Supreme Court held it is prohibited.
A. Equal protection and Double taxation

Even though there is no specific prohibition, however double taxation will not be allowed
if it results in a violation of the equal protection clause.

VII. Public Purpose

[Planters Product Inc. vs Fertiphil Corporation]The way of sustaining tax is to show that the
proceeds are devoted to public purpose.

A. Modern interpretation Public purpose now includes even indirect public advantage or
benefit. Tax that will directly benefit a private individual does not make it invalid so long
as some link to the public welfare is established.

Exception: it can never be for the enjoyment of a private individual without any link to
the public welfare.

VIII. Tax Exemptions

They are either constitutional or statutory, otherwise there will be no exemptions. Corollary
tax exemptions are construed strongly against the claimant must exist clearly and
categorically, and supported by clear legal provision.

A. Provision in the Constitution Article VI section 28 par 3; charitable institutions,

churches, and parsonages or convents, mosques, cemeteries.

The exemption is only from the payment of taxes assessed on properties such as land,
buildings, and improvements used for religious, charitable, or educational purposes.

Constitutional law Due Process of Law

I. Constitutional Provision Article III section 1. No person shall be deprived of life, liberty,
or property without due process of law, nor shall any person be denied in the equal
protection of laws.

- Due process of law is essentially notice and hearing.

Xxx the general law, a law which hears before it condemns, which proceeds upon inquiry
and renders judgment only after trial. [Dartmouth College Case]

Rationale: it is a guaranty against any arbitrariness on the part of the government,

whether committed by the legislature, the executive, or the judiciary. Any curtailment
thereof whether it be a statute or the Constitution, its unjustified withholding would also
be a violation of due process.
Bill of Rights series of protections, freedoms, and liberties to constrain arbitrary state power. J. Maboloc

II. Persons protected under the Due process clause

The due process clause protects all persons, natural, as well artificial.

Natural persons: Artificial persons: [only on their property]

1. The Citizen 1. Corporations
2. Alien 2. Partnership

The State, like any other litigant, is also entitled to its day in court.

III. Deprivation

To deprive is to take away forcibly, to prevent from possessing, enjoying or using

something. In relation to due process, it is the deprivation of the right to life, liberty or
property.

IV. Life

Life as understood under the due process clause connotes in the first place the integrity
of the physical person which is not only any part of the body of an individual but this also
includes of a person to have a good life.

Sidetrack: life commences upon conception, that is, upon fertilization. [Imbong vs
Ochoa]

V. Liberty

Person can do anything so long he does not harm public welfare. This includes, to be free
to use his faculties in all lawful ways; to live and work where he will; to earn his livelihood
by a lawful calling; to pursue avocation, and enter into contracts.

VI. Property

Property is anything that can come under the right of ownership and be the subject of
contract. This includes real, personal, tangible and intangible that are within the
commerce of man.

Sidetrack:
Licenses are not property, they are only privileges and are therefore revocable at will.

Vested right is a right belonging completely and unconditionally to a person as a

property interest which cannot be impaired or taken away without the consent of the
owner. It is also a consequence of the constitutional guaranty of due process.

VII. Substantive Due Process

Interfering with the rights of the person to his life, liberty or property, substantive due
process requires the intrinsic validity of the law proper exercise of legislative power.

1. This intrinsic validity of the law must have a valid governmental objective.
2. This objective must be pursued in a lawful manner not unduly oppressive.
3. This objective must be pursued in a lawful manner.
4. Laws should generally be published. [Tanada vs Tuvera]

VIII. Procedural Due Process notice and hearing. [IJDJ]

A. Judicial Due Process

1. There must be an impartial court clothed with judicial power to hear and
determine the matter before it.
Bill of Rights series of protections, freedoms, and liberties to constrain arbitrary state power. J. Maboloc

2. Jurisdiction must be lawfully acquired over the person of the defendant and over
the property which is the subject matter of the proceeding.

3. The defendant must be given an opportunity to be heard.

i. Appeal not essential to the right of hearing except when guaranteed
by the constitution.
ii. Exceptions, where the essential requisites of notice and hearing may be
omitted without violation of due process.
a. Nuisance per se presents immediate danger to the welfare of the
community.
b. Nuisance per accidens the right thing in the wrong place. Abated
only upon judicial proceeding.
c. Statutory presumption there is a rational or natural connection
between the fact proved and the fact ultimately presumed from such
fact.

4. Judgment must be rendered upon lawful hearing.

B. Administrative Due Process

1. The right to a hearing, which includes the right to present ones case and submit
evidence in support thereof.
2. The tribunal must consider the evidence presented.
3. The decision must have something to support itself.
4. The evidence must be substantial.
5. The decision must be rendered on the evidence presented at the hearing.
6. The tribunal or body or any of its judges 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 Board or body should, in all controversial questions, render its decision in
such a manner that the parties to the proceeding can know the various issues
involved, and the reason for the decision rendered.

Sidetrack: any defect in the observance of due process requirements is cured by the filing of Motion for
Reconsideration.

The denial of ones right to a preliminary investigation, in the absence of a waiver is therefore a denial of
due process, even if the right to a preliminary investigation is just a statutory right.

Constitutional law Equal Protection

I. Definition
Equal protection simply requires that all persons or things similarly situated should be
treated alike, both as to rights conferred and responsibilities imposed.

Sidetrack: private actions, no matter how egregious, cannot violate the equal protection guarantee.

II. Persons protected under the Equal protection clause

The equal protection clause is available to all persons, natural as well as juridical. Artificial
persons, however, are entitled to the protection only insofar as their property is concerned.
[Smith, Bell vs Natividad]

III. Classification
Equality among equals. The law does not require the universal application of laws.

It refers to the grouping of persons or things similar to each other in certain particulars and
different from all others in these same particulars.

A. Requirements of classification [SGCE]

1. It must be based upon substantial distinctions.
Bill of Rights series of protections, freedoms, and liberties to constrain arbitrary state power. J. Maboloc

2. It must be germane to the purposes of law.

3. It must not be limited to existing conditions only.
4. It must apply equally to all members of the class.

Sidetrack: Theory of Relative Constitutionality duration

The statute may be constitutionally valid as applied to one set of facts and invalid in its application to
another. A statute valid at one time may become void at another time because of altered circumstances.

Constitutional law Searches and Seizures

[Zones of privacy]

I. Constitutional Provision Article III section 2.The right of the people to be secure in their
persons, houses, papers, and effects against unreasonable searches and seizures of whatever
nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest
shall issue except upon probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the witnesses he may
produce, and particularly describing the place to be searched, and the persons or things to
be seized.

Article III section 3. The privacy of communication and correspondence shall be inviolable
except upon lawful order of the court or when public safety or order requires otherwise as
prescribed by law.

Any evidence obtained in violation of this or the preceding shall be inadmissible for any
purpose in any proceeding.

II. Scope of Protection

The rights against unreasonable searches and seizures and to the privacy of communication
and correspondence are available to all persons, including aliens, whether accused of crime
or not. [Moncado vs Peoples Court]

Artificial persons, like corporations, are also entitled to the guaranty. [Stonehill vs Diokno]

- A personal right, therefore may be invoked only by the person entitled to it.

III. What are the requisites of a Valid Warrant? [PJED]

1. It must be based upon probable cause.

2. The probable cause must be determined personally by the judge.
3. The determination must be made after examination under oath or affirmation of the
complainant and the witnesses he may produce.
4. It must particularly describe the place to be searched and the persons or thing to be
seized.

A. Existence of probable cause more than mere suspicion must be a reasonable belief
must refer only to one offense.

It refers to such facts and circumstances antecedent to the issuance of the warrant that
in themselves are sufficient to induce a cautious man to rely on them and act in pursuance
thereof. [People vs Sy Juco]
B. Determination of Probable Cause for issuing warrant of arrest this is determined
personally by the Judge once the information is filed with the Court. [People vs Desmond]

The determination would result to:

1. Issue a warrant of arrest, if he finds probable cause or;

2. Immediately dismiss the case, if the evidence on record clearly fails to establish
probable cause or;
Bill of Rights series of protections, freedoms, and liberties to constrain arbitrary state power. J. Maboloc

3. Order the prosecutor to submit additional evidence, in case he doubts the existence
of probable cause.

Sidetrack: Determination of probable cause may be either executive or judicial.

Preliminary Investigation this refers to the ascertainment of probable cause for the purposes of filing a
criminal action in court which answers the question as to whether the offender should be held for trial or
released. [Investigating prosecutor]

Preliminary inquiry this pertains to the determination of probable cause by the Judge for the issuance
of a warrant of arrest supported by the report, the affidavits and all other documents behind the
Prosecutors certification. [Judge]

C. Examination of Applicant Rule 126, section 4, of the Rules of Court.

The judge before issuing the search warrant, must personally examine in the form of
searching questions and answers, in writing and under oath the complainant and any
witnesses he may produce on facts personally known to them, and attach to the record
their sworn statements together with any affidavits submitted.

- Mere belief or hearsay is not sufficient, the law requires it must be based on
personal knowledge.
- Non-compliance of rule 126 would amount to denial of due process.

D. Particularity of Description

Constitutional provision, Article III section 2 Xxx and particularly describing the place to
be searched, and the persons or things to be seized.

E. Properties Subject to Seizure

Rule 126, section 2, of the rules of Court, the following are subject to search and seizure:

1. Property subject of the offense.

2. Property stolen or embezzled and other proceeds or fruits of the offense.
3. Property used or intended to be used as the means of committing an offense.

Rule 126, section 13, of the rules of Court

If the search is an incident of a lawful arrest, seizure may be made of dangerous weapons
or anything that may have been used or may constitute proof in the commission of an
offense. [People vs Collado]

F. Admissibility of Illegally seized evidence

Constitutional provision Article III, section 3(2) Xxx shall be inadmissible for any
purpose in any proceeding.

The only practical means of enforcing the constitutional injunction against abuse
[Stonehill vs Diokno]

IV. Warrantless Searches and Seizure

A. Searches
1. Consented searches.
2. Searches as an incident to a lawful arrest.
3. Searches of vessels and aircraft for violation of immigration, customs, and drug laws.
4. Searches of moving vehicles.
5. Searches of automobiles at borders or constructive borders.
Bill of Rights series of protections, freedoms, and liberties to constrain arbitrary state power. J. Maboloc

6. Where the prohibited articles are in Plain view.

Requisites:
a. The law enforcement officer in search of the evidence has a prior justification for
an intrusion or is in a position from which he can view a particular area.
b. The discovery of the evidence in plain view is inadvertent.
c. It is immediately apparent to the officer that the item he observes may be
evidence of a crime, contraband or otherwise subject to seizure.

7. Searches of buildings and premises to enforce fire, sanitary, and building regulations.
8. Stop and frisk operations or the Terry search.
9. Custom searches.
10. Searches conducted under exigent and emergency circumstances.
11. Warrantless searches and seizures at military check-points.
12. Searches based on tipped information in buy-bust operations or cases involving drugs
in transit.

Sidetrack: Warrantless search must be predicated at a valid warrant of arrest or any in the instances stated
above thereby in consented search it must be voluntary. The consent must be unequivocal, specific,
intelligently given and uncontaminated by any duress.

A. Waiver against of the right to be secure from unreasonable searches and seizure can
be waived, and the waiver may be expressly or impliedly.

1. Implied waiver where the accused failed to raise the admissibility of the
evidence against him on the ground that it had been illegally seized which is
essentially based on constitutional ground.

Sidetrack: Warrantless search chain of custody must remain unbroken, even though the procedural
requirements were not faithfully observed, the guilt of the accused will not be affected.

Essential factors in warrantless searches and seizure: [People vs Nuevas]

1. Purpose.
2. The presence or absence of probable cause.
3. Manner in which the search and seizure was made.
4. The place or thing searched.
5. Character of the articles procured.

B. Warrantless Arrest Peace officer or a private person may effect a warrantless arrest a
person when:

1. When such person has in fact just committed, is actually committing, or is attempting
to commit an offense in his presence. [Flagrante delicto]

Requisites:
a. The person to be arrested must execute an overt act indicating that he has just
committed, is actually committing, or is attempting to commit a crime.
b. Such overt act is done in the presence or within the view of the arresting officer.

2. When an offense has in fact just been committed and he has personal knowledge of
facts indicating that the person to be arrested has committed it. [Hot pursuit]

3. 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 temporarily confined
while his case is pending, or has escaped while being transferred from one
confinement to another.
Bill of Rights series of protections, freedoms, and liberties to constrain arbitrary state power. J. Maboloc

Sidetrack: Arrest is the taking of a person into custody in order that he or she may be bound to answer
for the commission of an offense this is effected by an actual restraint of the person to be arrested or
by that persons voluntary submission to the custody of the one making the arrest. [Luz vs People]

Instances of waiver of warrantless arrest:

1. An accused is estopped from questioning the legality of his arrest where he never raised it before
entering his plea. [People vs Salvatierra]

2. If not raised before arraignment or entering a plea. [People vs Tidula]

3. When an accused voluntarily submits to the jurisdiction of the trial court is deemed to have
waived his right to question the validity of his arrest. [People vs Racho]

V. Privacy of Communication and Correspondence The right to be let alone [Ople vs Torres]

A. Constitutional provision

Article III section 3. The privacy of communication and correspondence shall be inviolable
except upon lawful order of the court or when public safety or order requires otherwise as
prescribed by law.

Any evidence obtained in violation of this or the preceding shall be inadmissible for any
purpose in any proceeding.

- The right to be free from unwarranted exploitation of ones person or from

intrusion into ones private activities in such a way as to cause humiliation to a
persons ordinary sensibilities. [Social Justice Society vs Dangerous Drugs Board]

B. Reasonable expectation of privacy Ascertainment if there is violation of the right to

privacy test. [Sabio vs Gordon]

1. Whether, by his conduct, the individual has exhibited an expectation of privacy.

2. This expectation is one that society recognizes as reasonable.
[Dependence of expectation of privacy to customs, community norms, and practices]
limiting factors.

Exception: The right to privacy cannot be invoked to resist publication and dissemination of matters of
public interest or there is a compelling state interest.

C. Three strands of the right to privacy

1. Locational or situational privacy.

2. Informational privacy refers to the interest in avoiding disclosure of personal

matters.
i. The right not to have private information disclosed.
ii. The right to live freely without surveillance and intrusion.

3. Decisional privacy the right to independence in making certain important decisions.

- Two fold test in determining whether or not a matter is entitled to the right to
privacy:

1. Subjective test where one claiming the right must have an actual or legitimate
expectation of privacy over a certain matter.

2. Objective test where ones expectation of privacy must be one society is

prepared to accept as objectively reasonable.
Bill of Rights series of protections, freedoms, and liberties to constrain arbitrary state power. J. Maboloc

D. 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 of any official or employee, or of a private
individual or entity engaged in the gathering, collecting or storing of data or information.

Its usage can only be extended if there is a clear showing the existence of the connection
between the right to privacy with the right to life, liberty, or security on the other.