Constitutional Law II - Oral Exam Reviewer (Finals)

Pan-oy, Reymar G.

CHAPTER 10-B - PRIVACY OF COMMUNICATION AND CHAPTER 12. FREEDOM OF RELIGION

CORRESPONDENCE Religion
It has also been defined as the right of a person to be free from unwarranted It is any specific system of belief, worship, conduct, etc. often involving a code of
publicity and the right to live without interference by the public in matters with ethics and philosophy, profession of faith to an active power that binds and elevates
which the public is not necessarily concerned. man to his creator.

REQUISITES Approaches of Courts to the Freedom of Religion

1. A person has exhibited an actual expectation of privacy (subjective) 1. Strict Separatist/Separationist – absolute barrier to formal interdependence
2. the expectation is one that society is prepared to recognize as reasonable of religion and state
(objective) 2. Strict neutrality – whether government action is for a secular purpose and
does not consider inadvertent burden on religious exercise.
Reasonable Expectation of Privacy Test 3. Benevolent Neutrality/Accommodation – looks further than the secular
In assessing the challenge that the State has impermissibly intruded into these zones purpose of gov’t and accommodate religious beliefs within flexible
of privacy, a court must determine whether a person has exhibited a reasonable constitutional limits.
expectation of privacy and, if so, whether that expectation has been violated by
unreasonable government intrusion. Three Principal Parts of Section 5, Article III
1. Separation of Church and State/the Non-Establishment Clause
Three Strands of the Right to Privacy  Tests to Determine When There is No Violation of the Non-
 Locational Establishment Clause (Lemon Test)
 Informational a) The Statute has a secular legislative purpose;
 Decisional b) Its Principal or primary effect is one that neither advances nor
inhibits religion; and
CHAPTER 11. LIBERTY OF ABODE AND TRAVEL c) It does not Foster an excessive government involvement
(entanglement) with religion.
Liberty of Abode
 Manifestations of the Non-Establishment Clause under the
It includes the right to choose one’s residence, to leave whenever he pleases and to
Constitution
travel wherever he wills.
a) Art. VI Sec 28(3) – Exemption from taxation of properties actually,
directly, and exclusively used for religious purposes.
Right to Travel
b) Art. XIV, Sec 3(3) – Optional religious instruction in public
It refers to the right to move from one place to another.
elementary and high schools;
c) Art. XIV, Sec 4(2) – citizenship requirement of ownership of
educational institutions, except those established by religious
groups and mission boards.

d) Art. VI, Sec 29(2) – appropriation allowed where ecclesiastic is
employed in armed forces, in a penal institution, or in a
government-owned orphanage or leprosarium.
2. Religious Profession and Worship or The Free Exercise Clause
 Freedom to Believe
It is absolute as long as it is confined in the realm of thought
 Freedom to Act on One’s Belief
It is subject to regulation where the belief is translated into
external acts that affect the public welfare.
 Tests in Determining Free Exercise Clause Violations:
 Clear and Present Danger Test
When words are used in such circumstance and of such nature
as to create a clear and present danger that will bring about the
substantive evil that the State has a right to prevent.
 Conscientious Objector Test
Will the regulation force a legitimate conscientious objector to
perform an act against his will and conscience?
 Compelling State Interest Test
The test determines whether respondent’s right to religious
freedom has been burdened and ascertains respondent’s
sincerity in his religious belief.
3. No Religious Test Clause
CHAPTER 13. FREEDOM OF EXPRESSION, RIGHT OF ASSOCIATION &
ACCESS TO INFORMATION
A. Freedom of Expression
a) Importance
b) Scope
All forms of communication are entitled to the broad protection of the
freedom of expression.
Constitutional Law II - Oral Exam Reviewer (Finals)
Pan-oy, Reymar G.
c) Modes of Expression
 Freedom of Speech and free press
 Freedom of Assembly
 Freedom of Petition
 Freedom to Profess and Practice Religion
 Right of Association or right to form association.
d) Dual Aspect
1. Freedom from Censorship or Prior Restraint
Refers to official governmental restrictions on the press or other
forms of expression in advance of actual publication or
dissemination.
 Instances where prior restraint is permitted
 Pornography
 False statement
 Advocacy of imminent lawless action
 Danger to national security
 Sub judice rule
 Content-Based Regulations
Restraint is aimed at the message or idea of the
expression, public debate and are usually imposed
because of fear of how people will react to a particular
speech
 Content-Neutral Regulations
Restraint aims to regulate the time, place or manner of
the expression in public places without any restraint on
the content of the expression.
2. Freedom from Subsequent Punishment
 The Clear and Present Danger Rule
Inquires on whether words are used in such
circumstance and of such nature as to create a clear
and present danger that will bring about the
substantive evil that the State has a right to prevent.

 The Dangerous Tendency Doctrine
Person could be punished for words uttered or for
ideas expressed which create a dangerous tendency
which the State has a right to prevent.
 The Balance-of-Interest Test
Requires a court to consider the circumstance in each
particular case, and settle the issue of which right
demands greater protection.
e) Doctrines Applied to Free-Speech Cases
1. Facial Challenge
Allowed to be made to a vague statute and to one which is
overbroad because of possible ‘chilling effect’ upon protected
speech.
2. Overbreadth Doctrine
Permits a person to challenge a statute on the ground that it
violates free speech rights of third parties not before the court,
even though the law is constitutional as applied to that
defendant.
f) Criticisms of Official Conduct
People have a right to scrutinize and comment or condemn the conduct
of their chosen representatives in the government.
g) Art and Obscenity
Movies have greater capacity for evil and are consequently subject to
more regulation.
1. Tests of Obscenity
 Appeal to Prurient Interest
Whether to the average person, applying
contemporary community standards, the dominant
theme of the material taken as a whole appeal to
prurient interest.
 Miller Test
Constitutional Law II - Oral Exam Reviewer (Finals)
Pan-oy, Reymar G.
Whether average person would find that the work
appeals to prurient interest.
Whether work depict in a patently offensive way,
sexual conduct specifically defined by the applicable
law.
Whether the work lacks serious literary, artistic
political or scientific values..
 Corrupting Tendency Test
Obscenity that shocks the ordinary and common sense
of men as an indecency.
h) Assembly and Petition
1. Scope
 To justify limitations on freedom of assembly, there
must be proof of sufficient weight to satisfy the clear
and present danger test.
 Philippine obligation does not guarantee the
protection of embassies and does not preclude the
application of clear and present danger rule.
 If assembly is to be held at a public place, permit for
the use of such place may be validly required.
2. Tests of Lawful Assembly
 Purpose Test
Which is held regardless of the
auspices(divine/patronage) under which it is
organized.
 Auspices Test
Inquires into the nature of the people composing the
assembly.
3. B.P. 880 or The Public Assembly Act
Provisions of this act is not an absolute ban of public assemblies
but a restriction that simply regulates the time, place, and manner
of the assemblies.
 Constitutional Law II - Oral Exam Reviewer (Finals)
Pan-oy, Reymar G.

B. Right of Association  Executive privilege

a) Freedom Not to Associate  National security privilege information
The right to join associations also includes the right not to join any  Privacy of persons
organization. This is embrace in the freedom of expression because it can  Official capacity of information, documents or records.
be used as a vehicle for expression of views that has a bearing on the  Prejudicial premature disclosure.
public welfare.  Records of proceedings.
 Other exceptions subject to laws, jurisprudence, regulations
C. Access to Information and rules.
a) Scope 3. Procedure in the Filing and Processing of Request for Access to
 Right to information on matters of public concern as well as to Information
government research data used as basis for policy development.
 Right to access to official records and document. 4. Remedies in Case of Denial of Request
b) Availability To safeguard the constitutional right, every denial of access by the
This are political rights that are available to citizens only. government agency concerned is subject to review by the courts,
c) Test to Determine When Right is Invocable and in the proper case, access may be compelled by a writ of
The test is an inquiry on whether the information sought is of public Mandamus
interest. If it is, then such information may be disclosed under the
public’s right to information. CHAPTER 14 THE IMPAIRMENT CLAUSE
d) Limitations on the Right to Information A. Contract
The law may exempt certain types of information from public scrutiny, Any lawful agreement on the property or property rights, whether real or
such as those affecting national security. personal, tangible or intangible.
e) Restrictions on the Access to information B. Law
 Criminal matters or classified law enforcement matters C. Obligation
 Other confidential matters D. Impairment
 Matters that protect the integrity of public records Anything that diminishes the efficacy of a contract.
 National security matters E. Limitations
 Trade secrets and banking transactions.  Legislature cannot bargain away the police power
f) Executive Order No. 2, s. 2016  Like the police power, other inherent power may validly limit
Guarantees the right of people on matter of public concern. the impairment clause.
1. Coverage  A limit on the exercise of legislative power and not of judicial
All offices under the Executive branch, departments, bureaus, or quasi-judicial power.
GOCCs, SUCs, LGUS F. Contemporary Applications
2. When Access to Information Limited under E.O. No. 2 1. Employment Contracts
 Constitutional Law II - Oral Exam Reviewer (Finals)
Pan-oy, Reymar G.

The law must effect change in the right of the parties with Section 1. No person shall be deprived of life, liberty, or property without due
reference to each other. process of law, nor shall any person be denied the equal protection of the laws.
2. Tax Exemptions
Congress can enact a law withdrawing a tax exemption as Section 2. The right of the people to be secure in their persons, houses, papers, and
efficaciously as it may grant the same. effects against unreasonable searches and seizures of whatever nature and for any
3. Franchise purpose shall be inviolable, and no search warrant or warrant of arrest shall issue
Partakes of the nature of a grant which is beyond the purview of except upon probable cause to be determined personally by the judge after
the non-impairment clause. 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
CHAPTER 15. EX POST FACTO LAW things to be seized.

A. Ex Post Facto Law Section 3.

1. Kinds
2. Characteristics (1) The privacy of communication and correspondence shall be inviolable except
B. Bill of Attainder upon lawful order of the court, or when public safety or order requires otherwise, as
1. Characteristics prescribed by law.

(2) Any evidence obtained in violation of this or the preceding section shall be
inadmissible for any purpose in any proceeding.
CHAPTER 16. NON-IMPRISONMENT FOR DEBT
Section 4. No law shall be passed abridging the freedom of speech, of expression, or
A. Coverage
of the press, or the right of the people peaceably to assemble and petition the
1. Debt
government for redress of grievances.
2. Poll Tax
B. Batas Pambansa Bilang 22 (Bouncing Checks Law) Section 5. No law shall be made respecting an establishment of religion, or
prohibiting the free exercise thereof. The free exercise and enjoyment of religious
CHAPTER 17. INVOLUNTARY SERVITUDE profession and worship, without discrimination or preference, shall forever be
A. B. Exceptions allowed. No religious test shall be required for the exercise of civil or political rights.
B. Application
Section 6. The liberty of abode and of changing the same within the limits prescribed
by law shall not be impaired except upon lawful order of the court. Neither shall the
BILL OF RIGHTS right to travel be impaired except in the interest of national security, public safety,
or public health, as may be provided by law.

Section 7. The right of the people to information on matters of public concern shall
be recognized. Access to official records, and to documents and papers pertaining to
official acts, transactions, or decisions, as well as to government research data used
as basis for policy development, shall be afforded the citizen, subject to such
limitations as may be provided by law.
Section 8. The right of the people, including those employed in the public and
private sectors, to form unions, associations, or societies for purposes not contrary
to law shall not be abridged.
Section 9. Private property shall not be taken for public use without just
compensation.
Section 10. No law impairing the obligation of contracts shall be passed.
Section 11. Free access to the courts and quasi-judicial bodies and adequate legal
assistance shall not be denied to any person by reason of poverty.
Section 12.
(1) Any person under investigation for the commission of an offense shall have the
right to be informed of his right to remain silent and to have competent and
independent counsel preferably of his own choice. If the person cannot afford the
services of counsel, he must be provided with one. These rights cannot be waived
except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate
the free will shall be used against him. Secret detention places, solitary,
incommunicado, or other similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof
shall be inadmissible in evidence against him.
Constitutional Law II - Oral Exam Reviewer (Finals)
Pan-oy, Reymar G.
(4) The law shall provide for penal and civil sanctions for violations of this section as
well as compensation to and rehabilitation of victims of torture or similar practices,
and their families.
Section 13. 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.
Section 14.
(1) No person shall be held to answer for a criminal offense without due process of
law.
(2) In all criminal prosecutions, the accused shall be presumed innocent until the
contrary is proved, and shall enjoy the right to be heard by himself and counsel, to
be informed of the nature and cause of the accusation against him, to have a
speedy, impartial, and public trial, to meet the witnesses face to face, and to have
compulsory process to secure the attendance of witnesses and the production of
evidence in his behalf. However, after arraignment, trial may proceed
notwithstanding the absence of the accused provided that he has been duly notified
and his failure to appear is unjustifiable.
Section 15. The privilege of the writ of habeas corpus shall not be suspended except
in cases of invasion or rebellion when the public safety requires it.
Section 16. All persons shall have the right to a speedy disposition of their cases
before all judicial, quasi-judicial, or administrative bodies.
Section 17. No person shall be compelled to be a witness against himself.
Section 18.
 Constitutional Law II - Oral Exam Reviewer (Finals)
Pan-oy, Reymar G.

(1) No person shall be detained solely by reason of his political beliefs and
aspirations.

(2) No involuntary servitude in any form shall exist except as a punishment for a
crime whereof the party shall have been duly convicted.

Section 19.

(1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall the death penalty be imposed, unless, for
compelling reasons involving heinous crimes, the Congress hereafter provides for it.
Any death penalty already imposed shall be reduced to reclusion perpetua.

(2) The employment of physical, psychological, or degrading punishment against any

prisoner or detainee or the use of substandard or inadequate penal facilities under
subhuman conditions shall be dealt with by law.

Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.

Section 21. No person shall be twice put in jeopardy of punishment for the same
offense. If an act is punished by a law and an ordinance, conviction or acquittal
under either shall constitute a bar to another prosecution for the same act.

Section 22. No ex post facto law or bill of attainder shall be enacted.