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Constitutional Law 2 MIDTERMS REVIEWER | Atty.

Maita Chan-Gonzaga | SY 1314

Section 1.
No person shall be deprived of life, liberty, or property without due process of law, nor shall any person
be denied the equal protection of the laws.
Three Great Powers of the Government
1. Police Power
The most essential, insistent and least limitable of the powers, extending to
all the great public needs
Inherent and plenary power of the State which enables it to prohibit all that
is hurtful to the comfort, safety, and welfare of society
The power vested in the Legislature by the Constitution to make, ordain, and
establish all manner of wholesome and reasonable laws, statues,
ordinances, either with penalties or without, not repugnant to the
Constitution, as they shall judge to be for the good and welfare of the
commonwealth, and of the subjects of the same
2. Power of Eminent Domain
3. Power of Taxation
Due Process
1. Procedural
Relates to the mode of procedure which government agencies must follow in
the enforcement and application of laws
Guarantee of procedural fairness
2. Substantive
Prohibition of arbitrary laws
Guarantee against the exercise of arbitrary power
Procedural Due Process in Judicial Proceedings
1. Court/Tribunal clothed with judicial power to hear and determine the matter before
2. Jurisdiction must be lawfully acquired over the person of the defendant or over the
property which is the subjects of the proceeding
3. Defendant must be given an opportunity to be heard
4. Judgment must be rendered upon lawful hearing
Procedural Due Process in Administrative Proceedings
1. 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. Evidence must be substantial, meaning such reasonable evidence as a reasonable
mind might accept as adequate support to a conclusion
5. The decision must be base on the evidence presented at the hearing, or at least
contained in the record and disclosed to the parties affected


Constitutional Law 2 MIDTERMS REVIEWER | Atty.

Maita Chan Gonzaga | SY 1314

The tribunal/body or any of it judges must act on its own independent

consideration of the law and facts of the controversy, and not simply accept the
views of a subordinate
7. The Board or body should, in all controversial questions, render its decision in such
a manner that the parties to a proceeding can know various issues involved, and
the reason for the decision rendered
In Fabella v CA
1. Right to actual or constructive notice of the institution of proceedings which may
affect a respondents legal rights
2. A real opportunity to be head personally or with the assistance of counsel, to
present witnesses and evidence in ones favor, and to defend ones rights
3. A tribunal vested with competent jurisdiction and so constituted as to afford a
person charged administratively a reasonable guarantee of honesty as well as
4. A finding by said tribunal which is supported by substantial evidence submitted for
consideration during the hearing or contained in the records or made known to the
Safeguards in Disciplinary Procedure Magna Carta for Teachers
Every teacher shall enjoy equitable safeguards at each stage of any disciplinary
procedure and shall have
1. The right to be informed, in writing, of the charges
2. The right to full access to the evidence in the case
3. The right to defend himself and to be defended by a representative of his choice
an/or by his organization, adequate time being given to the teacher for the
preparation of his defense
4. The right ot appeal to clearly designated school authorities. No publicity shall be
given to any disciplinary action being taken against a teacher during the pendency
of his case
Procedural Due Process in School
1. The student must be informed in writing of the nature and cause of any accusation
against them
2. They shall have the right to answer the charges against them, with the assistance
of counsel, if desired
3. They shall be informed of the evidence against them
4. They shall have the right to adduce evidence in their own behalf
5. The evidence must be duly considered by the investigating committee or official
designated by the school authorities to hear and decide the case
Purpose of Procedural Due Process
1. Contributes to the accuracy and thus minimizes errors in deprivations
2. To the person who is the subject of deprivation, it gives him a sense of rational
participation in a decision that can affect his destiny and thus enhances his dignity
as a thinking person.
Void-for-vagueness doctrine


Constitutional Law 2 MIDTERMS REVIEWER | Atty.

Maita Chan-Gonzaga | SY 1314

A statute which either forbids or requires the doing of an act in terms so vague that
men of common intelligence must necessarily guess at its meaning and differ as to
its application
Repugnant to the Constitution because:
a. It violated due process for failure to accord persons, especially the parties
targeted by it, fair notice of the conduct to avoid
b. It leaves law enforcers unbridled discretion in carrying out its provisions and
becomes and arbitrary flexing of the Government muscle

Overbreadth Doctrine
A governmental purpose may not be achieved by means which sweep
unnecessarily broadly and thereby invade the area of protected freedoms
Sweeping exercise of a lawmaking power
Valid Exercise of Police Power/Substantive Due Process
1. The state interferes in the interests of the public generally and not just a particular
2. The means are reasonably necessary for the accomplishment of the purpose and
not unduly oppressive upon individuals
Test for Validity of an Ordinance
1. It must not contravene the Constitution or any statute
2. It must not be unfair or oppressive
3. It must not be partial or discriminatory
4. It must not prohibit but merely regulate trade
5. It must be general and consistent with public policy
6. It must not be unreasonable
Equal Protection Definition
A specific constitutional guarantee of the equality of the person. The equality it
guarantees is legal equality the equality of all persons before the law. Each
individual is dealt with as an equal person in the law, which does not treat the
person differently because of who he is or what he is or what he possesses.
Reasonable Classification Test
1. The classification must rest on substantial distinctions
2. Must be germane to the purpose of the law
3. Must not be limited to existing conditions only
4. Must apply equally to all members of the same class
Third Party Standing
1. The litigant must have suffered an injury-in-fact, thus giving him or her a
sufficient concrete interest in the outcome of the issue in dispute
2. The litigant must have a close relation to the third party


Constitutional Law 2 MIDTERMS REVIEWER | Atty.

Maita Chan Gonzaga | SY 1314
3. There must exist some hindrance to the third partys ability to protect his or her
own interests
Doctrine of Informed Consent
Right of an individual to the possession and control of his own person, free from all
restraints or interference of others, unless by clear and unquestionable authority of
Concept of Relative Constitutionality
A statute valid at one time may become void at another time because of altered
circumstances. Thus, if a statute in its practical operation becomes arbitrary or
confiscatory, its validity, even though affirmed by a former adjudication, is open to
inquiry and investigation in the light of changed conditions
Exercise of the Power of Judicial Review
1. There is an actual case or controversy involving a conflict of rights susceptible to
judicial determination
2. The Constitutional question is raised by a proper party at the earliest opportunity
3. The Constitutional question is the very lis mota of the case
3 Levels of Scrutiny to Review the Constitutionality of a Classification
1. Deferential or Rational Basis Scrutiny
The challenged classification needs only to be shown as rationally related to
serving a legitimate State interest
2. Middle-Tier or Intermediate Scrutiny
The government must show that the challenged classification serves an
important State interest
The classification is at least substantially related to serving that interest
3. Strict Judicial Scrutiny
A legislative classification which impermissibly interferes with the exercise of a
fundamental right or operates to the peculiar disadvantage of a suspect class is
presumed unconstitutional
The burden is upon the government to prove that the classification is necessary
to achieve a compelling state interest and that it is the least restrictive means
to protect such interest
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.
Essential Requisites of a Valid Warrant
1. It must be issues upon probable cause
2. Probable cause must be determined personally by a judge
3. Such judge must examine under oath or affirmation the complainant and the
witnesses he may produce


Constitutional Law 2 MIDTERMS REVIEWER | Atty.

Maita Chan-Gonzaga | SY 1314
4. The warrant must particularly describe the place to be searched and the person or
things to be seized.
Probable Cause
Such facts and circumstances antecedent to the issuance of a warrant, that are in
themselves sufficient to induce a cautious man to rely upon them and act in
pursuance thereof
Probable Cause for an Arrest
Such facts and circumstances which would lead a reasonably discreet and prudent
man to believe that an offense has been committed by the person sought to be
Probably Cause for a Search
Such facts and circumstances which would lead a reasonably discreet and prudent
man to believe that an offense has been committed and the objects sought in
connection with the offense are in the place sought to be searched
Test of Sufficiency of the Validity of an Oath
Whether it had been drawn in such a manner that perjury could be charged
thereon and the affiance be held liable for the damages caused
Waiver of a Constitutional Right
1. The right exists
2. The person involved has knowledge, either actual or constructive, of the existence
of such right
3. The said person had an actual intention to relinquish the right
Search Warrant
An order in writing issued in the name of the People of the Philippines directed to a
peace office, commanding him to search for property and bring it before the court
Purpose of Personal Knowledge of the Affiant
To convince the magistrate that there is probable cause
John Doe Warrant
A warrant for the apprehension of a person whose true name is unknown
Such warrant must contain the best descriptio personae possible to be obtained of
the person/persons to be apprehended, and this description must be sufficient to
clearly indicate the proper person/persons whom the warrant is to be served
Should state his personal appearance and peculiarities, give his occupation and
place of residence, and other circumstances by means of which he can be
As specific as the circumstances will ordinarily allow


Constitutional Law 2 MIDTERMS REVIEWER | Atty.

Maita Chan Gonzaga | SY 1314
Purpose of the Particularity of Description
1. To readily identify the properties to be seized to prevent the authorities from
seizing the wrong items
2. To prevent unreasonable searches and seizures, and eliminate the unbridled
discretion of peace officers
Exception to Bank Confidentiality
R.A. 1405 (Law on Secrecy of Bank Deposits)
1. Where the depositor consents in writing
2. Impeachment case
3. By court order on bribery or dereliction of duty cases against public officials
4. Deposit is subject of litigation
5. Section 8 of RA 3019, in cases of unexplained wealth as held in the case of PNB v
In Union Bank of the Philippines v CA
1. There is reasonable ground to believe that a bank fraud or serious irregularity has
been or is being committed and it is necessary to look into the deposit to establish
such fraud or irregularity
2. Examination made by an independent auditor hired by the bank to conduct its
regular audit provided that the examination is for audit purposes only and the
results thereof shall be for the exclusive use of the bank
3. Upon written permission of the depositor
4. Impeachment case
5. Upon order of a competent court in cases of bribery or dereliction of duty of public
6. In cases where the money deposited or invested is the subject matter of litigation
Reasons for Allowing Warrantless Drug Tests in Public Schools
1. Schools and their administrators stand in loco parentis with respect to their
2. Minor students contextually have fewer rights than an adult, and are subject to the
custody and supervision of their parents, guardians, and schools
3. Schools, acting in loco parentis, have a duty to safeguard the health and well-being
of their students and may adopt such measures as may reasonably be necessary
to discharge such duty
4. Schools have the right to impose conditions on the applicants for admission that
are fair, just, and non-discriminatory.
Allowable Warrantless Searches (People v Aruta)
1. Warrantless search incidental to a lawful arrest
2. Seizure of evidence in plain view
3. Search of a moving vehicle
4. Consented warrantless search
5. Customs Search
6. Stop and Frisk
7. Exigent and Emergency Circumstances


Constitutional Law 2 MIDTERMS REVIEWER | Atty.

Maita Chan-Gonzaga | SY 1314

Arrest Without Warrant, When Lawful

Section 5 of Rule 113. Arrest without warrant; when lawful. A peace officer or a private
person may, without a warrant, arrest a person:
1. When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense;
2. When an offense has just been committed and he has probable cause to believe
based on personal knowledge of facts or circumstances that the person to be
arrested has committed it; and
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 is temporarily
confined while his case is pending, or has escaped while being transferred from
one confinement to another.
Search Incident To Lawful Arrest
Section 13 of Rule 126 Search incident to lawful arrest. A person lawfully arrested may
be searched for dangerous weapons or anything which may have been used or constitute
proof in the commission of an offense without a search warrant.
Test for Valid Warrantless Search Incidental to Lawful Arrest
1. The item to be searched was within the arrestees custody or area of immediate
2. The search was contemporaneous with the arrest
Elements Plain View Doctrine
1. A prior valid intrusion based on the valid warrantless arrest in which the police are
legally present in the pursuit of their official duties
2. The evidence was inadvertently discovered by the police who had the right to be
where they are
3. The evidence must be immediately apparent
4. Plain view justified mere seizure of evidence without further search
Exclusionary Rule
Evidence collected or analyzed in violation of the defendant's constitutional rights
is inadmissible for a criminal prosecution in a court of law

Permissible Routine Inspection

1. Where the officer merely draws aside the curtain of a vacant vehicle which is
parked on the public fair grounds
2. Simply looks into the vehicle
3. Flashes a light therein without opening the cars doors
4. Where the occupants are not subjected to a physical or body search
5. Where the inspection of the vehicles is limited to a visual search or visual
6. Where the routine check is conducted in a fixed area


Constitutional Law 2 MIDTERMS REVIEWER | Atty.

Maita Chan Gonzaga | SY 1314

Buy-Bust Operation
An officer poses as a buyer; however, he neither instigates nor induces the
accused to commit a crime. In these cases, the seller has already decided to
commit a crime. Since the offense happens right before the eyes of the officer,
there is no need for a warrant either for the seizure of the good or for the
apprehension of the offender
Entrapment vs Instigation
1. Entrapment
Not a defense available to the accused because it is only a means to trap and
capture the criminal in the execution of his criminal plan. The crime stands
independently of the actions of the police
2. Instigation
Considered a defense for the accused and an absolutory cause because the
criminal intent originates in the mind of the entrapping person and the accused
is lured into the commission of the offense charged in order to prosecute

Elements of Entrapment
1. Act of persuasion, trickery, fraud carried out by law enforcement officers and
agents to induce a defendant to commit a crime
2. Origin of the criminal design in the minds of the government officials (Sorrells v
Procedure in Raising Entrapment as a Defense in US Courts
1. Accused has the burden to provide sufficient evidence that the government
induced him to commit the offense
2. Burden of proof shifts to the government to provide otherwise but government
uses either the subjective or objective or hybrid test to determine if entrapment
really happened
Entrapment Test
1. Subjective Test
Origin of intent test
The focus is on the predisposition of the accused to commit the offense i.e.
reputation, past offenses, mental traits
Criticism: It disregards police behavior
2. Objective Test
The focus is on the nature and manner of the police activity involved and police
conduct i.e. badgering, cajoling, appeal to sentiment
Criticism: It disregards the fact that the accused is a dangerous and chronic
3. Hybrid


Constitutional Law 2 MIDTERMS REVIEWER | Atty.

Maita Chan-Gonzaga | SY 1314

The police conduct was evaluated first then the predisposition of the accused to
commit a crime

Stop and Frisk Rule

Where a police officer observes unusual conduct which leads him reasonably to
conclude in light of his experience tat criminal activity is afoot and that the person
with whom he is dealing may be armed and presently dangerous, where in the
course of investigation of this behavior, he identifies himself as a policeman and
make reasonable inquiries, and where nothing in the initial stages of the encounter
serves to dispel his reasonable fear for his own or others safety, he is entitled for
the protection of himself and others in the area to conduct carefully limited search
of the other clothing of such persons in an attempt to discover weapons which
might assault him.

and Frisk Procedure

Police officer must properly introduce himself
Make initial inquiries
Approach and restrain a person who manifests unusual and suspicious conduct and
shows genuine reason to warrant the belief that the person to be held has weapons
or contraband concealed about him
4. It should therefore be emphasized that a search and seizure should precede the
arrest for this principle to apply

Stop and Frisk Two-Fold Interest

1. The general interest of effect crime prevention and detection, which underlies the
recognition that a police officer may, under appropriate circumstances and in an
appropriate manner, approach a person for purposes of investigating possible
criminal behavior even without probable cause
2. The more pressing interest of safety and self-preservation which permit the police
officer to take steps to assure himself that the person with whom he deals is not
armed with a deadly weapon that could unexpectedly and fatally be used against
the police officer
Section 3.
The privacy of communication and correspondence shall be inviolable except upon lawful order or 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.
Particularity of Description in Wiretaps
It would be unreasonable to require a description of the contents. What can be
1. Identity of the person or persons whose communication is to be intercepted
2. Identity of the offense or offenses sought to be prevented
3. Period of the authorization