EXECUTIVE DEPARTMENT
Executive power is characterized as the power of the
sword, which is to implement and administer the laws,
but it is more than this. The Constitution gives executive
power to the President. Nevertheless, while much power
is given to him, much is also expected. The limits of his
powers are provided in the Constitution to prevent
capricious and despotic exercise (Cruz, 2014).
PRESIDENTIAL ELECTORAL TRIBUNAL
The Presidential Electoral Tribunal (PET) is an electoral
tribunal that decides election protests involving the
election of the President of the Philippines and Vice
President of the Philippines.
Chairperson: CHIEF JUSTICE
Members: ASSOCIATE JUSTICES
QUALIFICATIONS:
1. A natural-born citizen of the Philippines;
2. Able to read and write;
3. A registered voter;
4. A Philippine resident for at least ten years before
the election; and
5. At least forty years old on the day of the election
(Article VII, Section 2).
TERM OF OFFICE
1. The President shall be voted by the people for a term
of six years, which shall begin at noon on the 30th day of
June next following the day of the election and shall end
at noon of the same date, six years after that.
2. The President shall not be qualified for any re-election.
3. No person who has succeeded as President and has
served as President for more than four years shall be
eligible for election to the same position at any time
(1987 Constitution, Article VII, Section 4).
SUCCESSION
APPOINTING POWER
An appointment is a process of choosing an individual
who must exercise the functions of a given position or
office. It may be made verbally, but it is usually done in
writing through the commission.
WHO MAY BE APPOINTED?
a. Heads of the executive departments;
b. Ambassadors, other public ministers, and consuls;
c. Officers of the armed forces;
d. Those other officers of the government whose
appointments are vested in him by the Constitution; and,
e. All other officers of the government whose
appointments are not provided for by the law.
QUESTION:
The law allows the holder of appointive position in the
executive department hold any other office other than he
is presently holding. Is the law constitutional?
ANSWER:
It is unconstitutional in so far as the President,
department head, deputies and assistants are
concerned. All other appointive officials in the civil
service are allowed to hold other office or employment
in the government during their tenure when such is
allowed by law or by the primary functions of their
positions. However, members of the Cabinet, their
deputies and assistants may do so only when expressly
authorized by the Constitution itself.
QUESTION:
Does the president have disciplinary jurisdiction over
Deputy Ombudsman?
ANSWER:
NO. The Ombudsman is an independent constitutional
body. The constitutional commissions have been
consistently intended by the framers to be independent
from executive control or supervision or any form of
political influence. At least insofar as these bodies are
concerned, jurisprudence is not scarce on how the
"independence" granted to these bodies prevents
presidential interference. (Gonzales vs. OP, 2014).
PARDONING POWER
The pardoning power is provided for in Article VII Section
19. Cruz (2014) defines executive clemency as one which
is granted to relieve the harshness of the law or correct
mistakes in the administration of justice. The exercise of
the pardoning power is optional in the President. It may
not be controlled by the legislature or reversed by the
courts, save only when contravening the limitations
provided by jurisprudence or laws (Cruz, 2014).
1. PARDON
2. COMMUTATION
3. REPRIEVE
LIMITATIONS
1. a pardon cannot be granted in impeachment
cases;
2. a pardon cannot be granted in violation of any
election law without the recommendation of the
Commission on Elections;
3. Pardon can be granted only after conviction by
final judgment.
• Removal power
• Borrowing power (Article VII, Section 20)
• Diplomatic power (Article VII, Section 21)
• Budgetary power (Article VII, Section 22)
• Informing power (Article VII, Section 23)
• Power to Call the Congress in Special Session
(Article VI, Section 15);
• Tariff and Emergency Powers, through
delegation (Article VI, Sections 23(2) &
28(2)).
PRESIDENTIAL IMMUNITY
Jurisprudence dictates that the presidential immunity
from suit is preserved, even though not expressly
reserved in the 1987 Constitution. The President is given
the immunity from suit to guarantee the exercise of
Presidential responsibilities and functions unrestricted
from any hindrance or distraction. The position of the
Chief Executive of the Government necessitates all of the
office holder's time and demands undivided attention to
his duties.
Settled is the doctrine that the President, during
his tenure of office or actual incumbency, may not be
sued in any civil or criminal case, and there is no need to
provide for it in the Constitution or law. It will degrade
the dignity of the high office of the President, the head of
State, if he can be dragged into court litigations while
serving as such. Furthermore, it is important that he be
freed from any form of harassment, hindrance or
distraction to enable him to fully attend to the
performance of his official duties and functions. Unlike
the legislative and judicial branch, only one constitutes
the executive branch and anything which impairs his
usefulness in the discharge of the many great and
important duties imposed upon him by the constitution
necessarily impairs the operation of the Government.
IMPEACHMENT
Under Section 2 of Article XI of the 1987 Philippine
Constitution, it provides:
“The President, the Vice-President, the Members of the
Supreme Court, the Members of the Constitutional
Commissions, and the Ombudsman may be removed
from office, on impeachment for, and conviction of,
culpable violation of the Constitution, treason, bribery,
graft and corruption, other high crimes, or betrayal of
public trust. All other public officers and employees may
be removed from office as provided by law, but not by
impeachment.”
The following officers are impeachable:
1. President;
2. Vice-President;
3. Members of the Supreme Court;
4. Members of the Constitutional Commissions;
5. Ombudsman.
The following are the grounds for impeachment:
1. Culpable violation of the Constitution. It is the
wrongful and intentional disregard of the Constitution.
The act must be measured and motivated by bad faith.
Mere mistake in the interpretation of the Constitution
cannot be considered a valid ground for impeachment
(Cruz, 2014).
2. Treason. Under Article 114 of the Revised Penal Code,
treason is committed by any person who, owing
allegiance to the Government of the Philippines, levies
war against it or adheres to its enemies, giving them aid
and comfort.
3. Bribery. Under the Revised Penal Code, bribery is
committed by any public officer who shall agree to
perform an act or refrain from doing an act which he is
officially required to do in connection with the
performance of his official duties, in consideration of any
officer, promise or gift received by him personally or
through the mediation of another, or who shall accept
gifts offered to him because of his office.
4. Other High Crimes. Those which are of severe and
enormous nature as to strike at the very life or the orderly
workings of the government.
5. Graft and Corruption. It is in the light of the prohibited
acts enumerated in the Anti-Graft and Corrupt Practices
Act, which was in force at the time of adopting the
Constitution.
6. Betrayal of Public Trust. Those classified
“inexcusable negligence of duty, tyrannical abuse
authority, breach of official duty by malfeasance
misfeasance, cronyism, favoritism, or obstruction
justice.
DOCTRINE OF QUALIFIED POLITICAL AGENCY
*** Under this doctrine, which recognizes the
establishment of a single executive, all executive and
administrative organizations are adjuncts of the
Executive Department, the heads of the various
executive departments are assistants and agents of the
Chief Executive, and, except in cases where the Chief
Executive is required by the Constitution or law to act in
person or the exigencies of the situation demand that he
act personally, the multifarious executive and
administrative functions of the Chief Executive are
performed by and through the executive departments,
and the acts of the Secretaries of such departments,
performed and promulgated in the regular course of
business, are, unless disapproved or reprobated by the
Chief Executive presumptively the acts of the Chief
Executive.
MILITARY POWER
1. The President is the Commander-in-Chief of the
Armed Forces of the Philippines;
2. His military power includes to power to:
a. Suspend the privilege of the writ of
habeas corpus;
b. Command all the Armed Forces of the
Philippines;
c. Declare martial law (Article VII, Section
18, 1987 Philippine Constitution).
MARTIAL LAW
• Martial law is the temporary imposition of direct
military control of normal civil functions or
suspension of civil law by a government,
especially in response to a temporary emergency
where civil forces are overwhelmed, or in an
occupied territory.
Grounds:
1. Invasion; or
2. Rebellion, when public safety requires it.
as
of Duration:
or 60 days extendible
of
• Suspends the privilege of writ of habeas corpus
• Arrest without warrants
• Human rights violations
• The President must, within 48 hours of the
proclamation or suspension, report his action, in
person or writing, to the Congress;
• The Congress, if not in session, must jointly
convene within 24 hours of the proclamation to
review the validity of the declaration of martial
law; and,
• The Congress, “voting jointly,” may annul or
sustain the President’s proclamation or
suspension, allow their limited effectivity to
lapse, or extend the same if Congress deems
warranted.
 • The Supreme Court may review, in an
appropriate proceeding filed by any citizen, the
sufficiency of the factual basis of the
proclamation of martial law or the suspension of
the privilege of the writ of habeas corpus or the
extension thereof, and must promulgate its
decision thereon within thirty days from its filing.
.....................................................................................
JUDICIAL DEPARTMENT
There is no doubt that the success of the Republic will
depend upon the effectiveness of the courts in upholding
the majesty of justice and the principle that ours is a
government of laws and not of men.- Justice Isagani Cruz,
2014
JUDICIARY
☞The Supreme Court now has administrative supervision
over all lower courts and their personnel. (Art. VIII, Sec 6)
☞The members Supreme Court and all lower courts have
security of tenure, which cannot be undermined by law
reorganizing the judiciary. (Art. VIII, Sec 11)
☞ The judiciary enjoys fiscal autonomy. (Art. VIII, Sec 3)
JUDICIAL POWERS
Traditional Power
Settlement of conflicting rights as conferred by law.
Broadened Power
Power to review the exercise of authority of the other
departments and other instrumentalities of the
government.

The branch of the government which holds “neither

purse nor sword” but pen. They are tasked to interpret
JUDICIAL SUPREMACY
ambiguities of the laws.
Judicial supremacy refers to the power of the Court to
The judicial power shall be vested in one
review the other departments and instrumentalities of
Supreme Court and in such lower courts as may be
the government in cases where there is “grave abuse of
established by law.
discretion.”
Judicial power includes the duty of the courts of
justice to settle actual controversies involving rights
which are legally demandable and enforceable, and to JUDICIAL REVIEW
determine whether or not there has been a grave abuse
of discretion amounting to lack or excess of jurisdiction
on the part of any branch or instrumentality of the Actual Case or Controversy
Government. (Article VIII, Section 1)
This means that there must be actual and
genuine conflict of legal rights involving two opposing
parties which can only be resolved upon judicial
INDEPENDENCE OF THE JUDICIARY
determination.
☞ The Supreme Court is a constitutional body. It cannot
Legal Standing
be abolished nor may its membership or the manner of
its meetings be changed by mere legislation. (Art. VIII, Sec Refers to “locus standi” or the capacity of the
4) party/complainant/petitioner to file an action.

☞ The members of the Supreme Court may not be Earliest Opportunity

removed except by impeachment. (Art. XI, Sec 2)
A person must not sleep on his right.
☞ Appointees to the judiciary are now nominated by the
Lis Mota of the Case
Judicial and Bar Council and no longer subject to
confirmation by the Commission on Appointments. (Art. Decision on the constitutional question must be
VIII, Sec 9) determinative of the case itself.

☞ The Supreme Court has exclusive power to discipline

judges of lower courts. (Art. VIII, Sec 11)
APPOINTMENTS TO THE JUDICIARY “Public International Law is a branch of public
law which regulates the relations between states and
JUSTICES REGIONAL MUNICIPAL
other entities that have been granted international
of SC and TRIAL TRIAL
CA COURT COURT personality.”
JUDGES JUDGES -Cecilio D. Duka
CITIZENSHIP
Natural-born Filipino
AGE LABOR LAW AND SOCIAL LEGISLATION
At least 40 At least 35 At least 30
years old years old years old “It is that branch of law which consists of
EXPERIENCE statutes, regulations, and jurisprudence governing the
15 Years or Has been engaged for at relations between capital and labor, by providing for
more as a least 5 years in the certain employment standards and a legal framework for
judge of a practice of law in the negotiating, adjusting and administering those standards
lower Philippines or has held and other incidents of employment.” -C.A. Azucena
court/practice public office in the
of law Philippines requiring “Social legislation includes laws that provide
admission to the practice particular kinds of protection or benefits to society or
of law as an indispensable segments thereof in furtherance of social justice.” -C.A.
requisite. Azucena
TENURE
Hold office during good behaviour until
they reach the age of 70 or become
CIVIL LAW
incapacitated to discharge their duties.
CHARACTER “It is a branch of law that treats the personal and
Person of proven competence, integrity, family relations of a person, his property and
probity and independence. successional rights, and the effects of obligation and
contracts.” -C.A. Azucena
DEFINE “PRACTICE OF LAW”

“any activity in and out of court which requires TAXATION LAW

the application of law, legal principle, practice or
procedure and calls for legal knowledge, training and
experience.” -Cayetano v. Monsod
POLITICAL LAW AND PUBLIC INTERNATIONAL LAW
“Taxation law is that branch of public law which
provides for the manner by which the State through its
sovereign power raises revenue to defray the expenses of
the government. - Aban (2001)

“Political Law is that branch of public law which MERCANTILE LAW

deals with the organization and operations of the
governmental organs of the State and defines the
relations of the State with the inhabitants of its territory.”
-People v. Perfecto, 43 Phil 887
“Constitutional Law is the study of the
maintenance of the proper balance between authority as
represented by the three inherent powers of the State
and liberty as guaranteed by the Bill of Rights.” -Justice
Isagani Cruz
“Customs and practices of local and international
commerce codified into this specific body of law. A legal
code that governs the operations of both banks and
varied businesses. Agreements, contracts, copyrights,
franchising, insurance, licensing, patents, shipping and
transport, trademarks, and the like are all cover by
mercantile law.” (Black’s Law Dictionary)
CRIMINAL LAW QUESTION:

“It is a branch of public law which defines crimes,
treats of their nature and provides for their punishment.”
-Justice Luis B. Reyes
REMEDIAL LAW
“It is the branch of law which provides for the
means and methods whereby causes of action may be
effectuated, wrongs redressed and relief obtained.”
(Black’s Law Dictionary)
What is the composition of the Judicial and Bar Council?
ANSWER:
1. The Chief Justice as ex officio chairman;
2. The Secretary of Justice as ex officio member;
3. A representative of Congress as ex officio
member;
4. A representative of the Integrated Bar;
5. A professor of law;
6. A retired Justice of the Supreme Court; and
7. A representative of the private sector. (Sec. 8(1),
Article VIII of the Constitution)

LEGAL ETHICS
Doctrine of
Hierarchy “A case must be filed
“It is a branch of moral science, which treats of the duties
which an attorney owes to the court, to the client, to his of Courts first before the lowest
court possible having
Supreme Court
colleagues in the profession and to the public as the appropriate
embodied in the Constitution, Rules of Court, the Code jurisdiction, except if
of Professional Responsibility, Canons of Professional Court of Appeals
one can advance a
Ethics, jurisprudence, moral laws and special laws.” special reason which
Regional Trial Court would allow a party a
direct resort to a
QUESTION: higher court.” Riano,
Municipal Trial Court
Can the Congress enact laws to regulate the practice of 2014
law in the Philippines? PURPOSE OF THE DOCTRINE OF HIERARCHY OF COURTS
ANSWER: It would be an imposition upon the limited time of the
No. The 1987 Constitution does not provides for the Court.
power of the legislature to repeal, alter and supplement It would inevitably result in a delay, intended or
the Rules promulgated by the Supreme Court. otherwise, which in some instances had to be remanded
or referred to the lower court as the proper forum under
the rules of procedure.
QUESTION:
COURT VS. JUDGE
Can the Congress pass a law lowering the passing rate for
bar examinees?
Court- the
ANSWER: organ of
Judge –the
government
officer of
No. The admission, suspension, disbarment and belonging to
the court
reinstatement of attorney at law in the practice of the the judicial
profession is a judicial function. The power to lower the department
passing rate for Bar Examinations remains vested with
the Supreme Court (IN RE: Cunanan, 1954)
PHILIPPINE BILL OF RIGHTS
"There are only two things we should fight for. One is the
defense of our homes and the other is the Bill of Rights."
- Smedley Butler
“Constitutional Law is the study of the maintenance of
the proper balance between authority as represented by
the three inherent powers of the State and liberty as
guaranteed by the Bill of Rights.”
-Justice Isagani Cruz
DOCTRINE OF CONSTITUTIONAL SUPREMACY
Article 3
Twenty two (22) sections. Half of which discusses on the
rights of the accused.
DEFINITION, BILL OF RIGHTS
Set of prescriptions setting forth the fundamental civil
and political rights of the individual, and imposing
limitations on the powers of government as a means of
securing the enjoyment of those rights.
NATURE, BILL OF RIGHTS
The Bill of Rights guarantee governs the relationship
between the individual and the State. Its concern is not
the relation between private individuals. What it does is
to declare some forbidden zones in the private sphere
inaccessible to any power holder (People v. Marti, 1991)
DUE PROCESS OF LAW
“NO PERSON SHALL BE DEPRIVED OF LIFE, LIBERTY, OR
PROPERTY WITHOUT DUE PROCESS OF LAW.”
(Art. III, Sec 1, 1987 Constitution)
Notice + Hearing = Due Process
ASPECTS OF DUE PROCESS
1. Procedural Due Process
2. Substantive Due Process
SUBSTANTIVE DUE PROCESS
The means employed are reasonably necessary for the
accomplishment of the purpose, and must not be duly
oppressive.
Calalang v. Williams
Social Justice is neither communism, nor despotism, nor
atomism, nor anarchy but the humanization of laws and
the equalization of social and economic forces by the
State so that justice in its rational and objectively secular
conception may at least be approximated. Social justice
is based on the Latin maxim, Salus populi est suprema lex.
“The welfare of the people is the supreme law of the
land.”
DepEd. v. San Diego
The Court feels that it is not enough to simply invoke the
right to quality education as a guarantee of the
Constitution. One must prove that he is entitled to it
because of his preparation and promise.
PROCEDURAL DUE PROCESS
Refers to the regular methods of procedure to be
observed before one’s life, liberty or property can be
taken away from him. Simply stated, it means that the
procedure to be observed must be fair.
Villavicencio v. Lukban
PUBLICATION REQUIREMENT
Laws must come out in the open, in the clear light of the
sun instead of skulking in the shadows with their dark,
deep secrets. Mysterious pronouncements and rumored
rules cannot be recognized as binding unless their
existence and contents are confirmed by a valid
publication intended to make full disclosure and give
proper notice to the people. The furtive law is like a
scabbarded saber that cannot feint, parry, or cut unless
the naked blade is drawn.”
PUBLICATION OF LAW
CIVIL CODE.
Art. 2. Laws shall take effect after fifteen days following
the completion of their publication in the Official Gazette,
unless it is otherwise provided. This Code shall take effect
one year after such publication.
VOID FOR VAGUENESS DOCTRINE
A statute or act suffers from the defect of vagueness
when it lacks comprehensible standards that men of
common intelligence must necessarily guess at its
meaning and differ as to its application.
Southern Hemisphere Engagement Network, Inc., et al.,
v. Anti-Terrorism Council
EQUAL PROTECTION OF THE LAW
“NOR SHALL ANY PERSON BE DENIED EQUAL
PROTECTION OF THE LAW.”
(Art. III, Sec 1, 1987 Constitution)
What the Constitution requires is equality among equals.
REQUISITES OF A VALID CLASSIFICATION
1. Rest on substantial distinctions;
2.Be germane to the purpose of the law;
3.Not be limited to existing conditions only; and,
4.Apply equally to all members of the same class. (People
v. Cayat, G.R. No. L-45987, May 5, 1939)
• Garcia v. Drilon G.R. No. 179267 June 25, 2013
• Duncan v. Glaxo 438 SCRA 343
• Ormoc Sugar Company v. Treasurer of Ormoc City
G.R. No. L-23794 February 17, 1968
• PASEI v. Drilon G.R. No. 81958 June 30, 1988
RIGHT AGAINST UNREASONABLE SEARCHES
AND SEIZURES
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.
Art. III Sec. 2, 1987 Philippine Constitution
The purpose of this provision is to protect the
privacy and sanctity of the person, and his house,
and other possessions against arbitrary
intrusions by State officers. As a general rule,
State officers can validly intrude upon a person’s
house or search and seize things or person/s only
under a valid warrant of arrest or search warrant
as the case may be.
This right applies to all persons, including
foreigners, whether accused of a crime or not
(Moncado v. People’s Court, 80 Phil. 1). It can
only be invoked by the person entitled to it, and
because of that, one who is not the owner of the
house searched or intruded upon cannot
challenge the validity of the search or seizure
(Stonehill v. Diokno, 20 SCRA 383).
WHAT IS A WARRANT OF ARREST?
Legal process issued by a competent authority,
directing the arrest of a person or persons upon
grounds stated therein.
A court order, issued on a probable cause,
authorizing a law enforcement officer to arrest
an individual and present him or her before the
court.
REQUISITES OF VALID WARRANT
• It must be based upon probable cause
• Probable cause must be determined
personally by the judge
 • The determination must be made after
examination under oath of the
complainant and the witnesses he may
produce
• It must be particularly describing the
place to be searched or the person or
things to be seized.
ONLY A JUDGE CAN ISSUE WARRANT
Salazar vs. Achacoso, March 14, 2000
Art. 38 of the Labor Code was declared
unconstitutional as it authorized the Secretary to order
the arrest, search and seizure of those committing the
crime of illegal recruitment.
WHAT IS PROBABLE CAUSE?
Circumstances and facts which give rise to a reasonable
belief that an accused is guilty of a crime. Probable cause
is not a proof of guilt beyond a reasonable doubt, but
indicates only that enough grounds exist to arrest the
accused and put him or her to trial.
A warrant of arrest is not necessary for the following
instances:
1. When the penalty is a “fine” only;
2. When the accused is already in detention issued by the
MTC;
3. Those covered by a summary procedure;
4. when the accused was arrested under a lawful arrest
without warrant.
JOHN DOE/JANE DOE WARRANT
A John Doe or Jane Doe warrant is a warrant for
the arrest of a person whose actual name is unidentified.
Generally, this kind of warrants is void because they
violate the constitutional provision, necessitating that
warrants of arrests should particularly describe the
person or persons to be arrested. However, if there is
sufficient description to identify the person to be
arrested, the warrant is valid.
When is warrantless arrest valid?
1. In flagrante delicto
2. Hot pursuit
3. Escaped prisoner
(Rule 113, Section 5 of the Rules of Court)
QUESTION:
Jose saw Apolinario running from a cornfield. Jose
continued to walk through the field, and he saw Yen,
unconscious and naked. Jose, on the notion that
Apolinario may be the culprit, looked for him for two
days. On the second day of the search, Jose arrested
Apolinario and bring him to the nearest police station. An
action for rape was filed against Apolinario, who
questioned the validity of the arrest because hot pursuit
arrest is not valid. He was arrested two days after the
commission of the offense. Is Apolinario’s contention
correct?
ANSWER:
Yes. Hot pursuit arrest is one of the modes prescribed by
the Rules of Court regarding warrantless arrest. However,
hot pursuit arrest can only be executed within 24 hours
after the commission of the alleged crime. Any
warrantless arrest beyond the 24-hour limit is not legal.
Any party who seeks redress for the crime shall now
obtain a warrant of arrest duly issued by a judge based
on a complaint duly filed with the court.
What is a search warrant?
A search warrant is an order in writing issued in the
name of the People of the Philippines, signed by a
judge and directed to a peace officer, commanding
him to search for personal property described therein
and bring it before the court.
When is a warrantless search valid?
There are instances when a search or seizure may be
validly made notwithstanding noncompliance with the
requisites mentioned above. Among them are consented
searches, search incident to a lawful arrest, searches of
vessels and aircraft for violation of immigration, searches
of moving vehicles, stop and frisk, plain view doctrine and
others.
RIGHT TO PRIVACY
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 section shall be inadmissible for any purpose
in any proceeding.
Art. III Sec. 3, 1987 Philippine Constitution
Can a corporation invoke the right to privacy?
No. The right to privacy belongs to the individual in his
private capacity, and not to public and governmental
agencies like the GSIS.
(Valmonte vs. Belmonte, G.R. No. 74930. February 13,
1989)
• Zulueta v. Court of Appeals G.R. No. 107383,
February 20, 1996
ANTI- WIRETAPPING LAW
It is a special law prohibiting and punishing secret
recording of conversations either through wire-tapping
or tape recorders. It provides penalties for specific
violations of private communication. Evidence obtained
in violation of the Republic Act No. 4200 (Anti-Wire
Tapping Law) shall not be admissible.
SECRECY OF BANK DEPOSITS LAW
Bank Secrecy Law protects all deposits of whatever
nature with banks or banking institutions in the
Philippines, including investments in bonds issued by the
Government of the Philippines, its political subdivisions
and its instrumentalities.”
These accounts must be treated with “absolute
confidentiality” and may not be inquired or looked into
by any person, subject to the following exceptions:
1. Upon written permission of the depositor;
2. Upon order of a competent court in cases of bribery or
dereliction of duty of public officials;
3. In cases of impeachment; or,
4. In cases where the money deposited or invested is the
subject matter of the litigation.
DATA PRIVACY LAW
It protects the privacy of persons while safeguarding the
free flow of information to promote innovation and
development. The law also regulates the collection,
organization, recording, storage, updating or
modification, retrieval, consultation, use, consolidation,
blocking, erasure, or destruction of personal data.
Ultimately, the law ensures that the Philippines conforms
to international standards set for data protection through
the National Privacy Commission (NPC).
Sensitive personal information refers to personal
information:
a. About an individual’s race, ethnic origin, marital status,
age, color, and religious, philosophical or political
affiliations;
b. About an individual’s health, education, genetic or
sexual life of a person, or to any proceeding for any
offense committed or alleged to have been committed by
such person, the disposal of such proceedings, or the
sentence of any court in such proceedings;
c. Issued by government agencies peculiar to an
individual which includes, but not limited to, social
security numbers, previous or current health records,
licenses or its denials, suspension or revocation, and tax
returns; and
d. Specifically established by an executive order or an act
of Congress to be kept classified.
FREEDOM OF EXPRESSION
No law shall be passed abridging the freedom of speech,
of expression, or of the press, or the right of the people
peaceably to assemble and petition the government for
redress of grievances.
Art. III Sec. 4, 1987 Philippine Constitution
VOLTAIRE
“I may not agree with what you say, but I will defend to
death your right to say it.”
The other rights covered by this constitutionally- assurance, the individual
guaranteed right are the following: would refuse to speak for
fear that he might be held
1. Freedom of the press; accountable for his speech,
2. Freedom of petition; or that he might be
provoking the revenge of
3. Freedom of religion; the criticized public
officials.
4. Freedom of assembly; As a rule, the The state may validly
5. Right to form association; government cannot impose sanctions in the
merely censor any form following:
6. Right to be free and not be detained solely because of of expression. It will 1. Libel- defined
one’s political beliefs and idea; and, curtail the right under Article 353
guaranteed by the of the Revised
7. Right to access to information. constitution. However, Penal Code
this general rule has 2. Obscenity-
exceptions: Accordingly, the
COVERAGE 1. Publication of Supreme Court and
pornography is other lower courts
The freedom to express embraces the right to be silent. not allowed as assumed
The right, however, is not demandable against those it will pollute responsibility of
reluctant to listen, who may not be herded by the the minds of determining what
government into a captive audience. As Socrates said, the youth; is obscene. (Pita vs.
this liberty was intended not only to defend the minority 2. Misleading CA, G.R No. 80806)
who want to talk but also to benefit the majority who advertisement; 3. Criticism of Official
refuse to listen. 3. Advocacy and Conduct- as a rule,
promotion of a public official
Freedom of expression is usually used through language, imminent illegal must not be too
oral, and written. Representations may also be used, like actions (like onion-skinned with
the bended knee, the clenched fist, the salute to the flag, sedition) the criticism of the
the flag itself, and others (Diocese of Bacolod v. 4. Danger to public against his
COMELEC, G.R. No. 205728). National conduct as an
security official. However, if
It includes movies and what is known as 5. Confidential malice is proven to
figurative speech, such as the wearing of an armband as military discredit a public
a representation of dissent. matters, official beyond the
especially limitations
during war prescribed by the
times. law, the critic can
Freedom from Prior Freedom from Subsequent
be held liable.
Restraint Punishment
Prior restraint refers to This prohibition of the free
the official government speech and press clause The cases of Primicias v. Fugoso and Navarro v. Villegas
constraints on the prohibits schemes of
media or other forms of subsequent punishment,
expression before actual which have the
OVER BREADTH DOCTRINE
publication, consequence of excessively
broadcast,or curtailing expression. The over breadth doctrine decrees that a governmental
dissemination. This is The people must speak purpose to control or prevent activities constitutionally
also known as without the fear of being subject to state regulations may not be achieved by
“censorship” prosecuted for repressive
means which sweep unnecessarily broadly and thereby
laws that curtail the right
invade the area of protected freedoms (Southern
to express. Without this
Hemisphere Engagement Network, Inc. v. Anti-Terrorism
Council, G.R. No. 178552, October 5, 2010).
Diocese of Bacolod vs. COMELEC
Respondents cite the Constitution, laws, and
jurisprudence to support their position that they had the
power to regulate the tarpaulin. However, all of these
provisions pertain to candidates and political parties.
Petitioners are not candidates. Neither do they belong to
any political party. COMELEC does not have the
authority to regulate the enjoyment of the preferred
right to freedom of expression exercised by a non-
candidate in this case.
FREEDOM OF RELIGION
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.
Art. III Sec. 5, 1987 Philippine Constitution
RELIGION, DEFINED
Religion is any complicated system of belief, worship, or
conduct, often involving a code of ethics and a
philosophy. (Webster’s New World Dictionary p. 1228). It
is a profession of faith to an active power that binds and
elevates man to his Creator (Aglipay v. Ruiz, G.R. No. L-
45459).
The existence of a Great Creator is not necessarily an
element in religion. In Buddhism, for example, merely
espouse a way of proper living without any recognition of
an Almighty God. According to Cruz (2015), the
Constitution includes the rejection of religion in the
definition of religion. The constitutional concept of
religion includes the idea of agnosticism and atheism.
ASPECTS OF THE CLAUSE
1. NON-ESTABLISHMENT CLAUSE
2. FREE EXERCISE CLAUSE
SEPARATION OF CHURCH AND STATE
In the case of Aglipay v. Ruiz the Supreme Court stated
that “In so far as it (religion) instills into the mind the
purest principles of morality, the influence of religion is
deeply felt and highly appreciated.”
DOCTRINE OF ACCOMMODATION
Accommodation is a recognition of the reality
that some governmental procedures may not be
enforced on a certain portion of the people because
these measures are disagreeing with their religious
dogmas. As long as it can be shown that the exercise of
the right does not harm the public welfare, the attempt
of the State to regulate or forbid such right would be an
unconstitutional encroachment (Re: Letter of Tony Q.
Valenciano, Holding of Religious Rituals at the Hall of
Justice Building in Quezon City, A.M. No. 10-4-19-SC).
ECCLESIASTICAL AFFAIRS
Ecclesiastical affair is one that concerns doctrine, creed
or form of worship of the church or the adoption and
enforcement within a religious organization a needful
laws and regulations for the government of the
membership, and the power of excluding from such
associations those deemed unworthy membership.
NON-ESTABLISHMENT CLAUSE
• Garces v. Estenzo, G.R. No. L-53487 May 25, 1981
• Aglipay v. Ruiz, GR No. L-45459, March 13, 1937
LEMON TEST
There is a “test” to determine whether an act of the
government violates the non-establishment clause. This
is called the “lemon test.” (Lemon v. Kurtzman, 403 U.S.
602).
To pass the Lemon test, a government act or policy must:
1. Have a secular or non-religious purpose;
2. Neither support nor favor any set of religious beliefs or
religion generally; and
3. Not get the government too closely involved RIGHT TO THE PAYMENT OF JUST COMPENSATION
(“entangled”) with religion.
Private property shall not be taken for public use without
FREE EXERCISE CLAUSE just compensation.

Aspects: Art. III Sec. 9, 1987 Philippine Constitution

• Freedom to believe; and

• Freedom to Act on One’s Belief
REGALIAN DOCTRINE
Freedom to Believe Freedom to Act on
One’s Belief
A person is free to If the individual RIGHTS OF AN ACCUSED
believe or disbelieve as externalizes his belief, it
1. MIRANDA RIGHT
he pleases. is now considered as an
Religion is a matter of action based on his Any person under investigation for the commission of an
faith. “Men may believe belief. offense shall have the right to be informed of his right to
what they cannot prove” remain silent and to have competent and independent
Freedom to act on one’s counsel preferably of his own choice. If the person cannot
Freedom to Believe is belief is not absolute afford the services of counsel, he must be provided with
absolute. because a faithful’s
one. These rights cannot be waived except in writing and
action may affect the
in the presence of counsel.
public.
Art. III Sec. 12, 1987 Constitution
• Gerona v. Sec. of Education (106 Phil. 2)
People vs. Andan, 269 SCRA 95
• Ebralinag v. Division Superintendent of Schools
of Cebu 219 SCRA 256 [1993] While in custody, the accused made admission to the
new reporter and the media.
OTHER CONSTITUTIONALLY-GUARANTEED RIGHTS The admission is admissible.
LIBERTY OF ABODE

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 right to
travel be impaired except in the interest of national
security, public safety, or public health, as may be
provided by law.
Art. III Sec. 6, 1987 Philippine Constitution
RIGHT TO INFORMATION
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.
Art. III Sec. 7, 1987 Philippine Constitution
2. RIGHT TO BAIL
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.
Art. III Sec. 13, 1987 Philippine Constitution
PRESUMPTION OF INNOCENCE
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.
Art. III Sec. 14 (2), 1987 Philippine Constitution
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.

Art. III Sec. 14 (2), 1987 Philippine Constitution

3. RIGHT TO BE INFORMED

In all criminal prosecutions, the accused shall be

6. RIGHT AGAINST SELF-INCRIMINATION
presumed innocent until the contrary is proved, and shall
enjoy the right to be heard by himself and counsel, to be No person shall be compelled to be a witness against
informed of the nature and cause of the accusation himself.
against him, to have a speedy, impartial, and public trial,
Art. III Sec. 17, 1987 Philippine Constitution
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.

Art. III Sec. 14 (2), 1987 Philippine Constitution

4. RIGHT TO A COUNSEL

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.

Art. III Sec. 14 (2), 1987 Philippine Constitution

5. RIGHT TO A SPEEDY TRIAL

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