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Constitutional Law 2 **What if the rights are not provided by the Constitution, can one still invoke

Notes on Lecture of Atty. Bonifacio such right?

Review of Concepts: - YES. One can still invoke such right because these are inherent to
all human beings. These are integral and important human rights
Meaning of Constitution: Supreme law of the land through which all laws which requires no statutory/constitutional grants for its
must be in conformity with. invocation. The only requirement for these rights to be invoked is
that you are HUMAN.
Essential Parts:
1. Constitution of Liberty- focuses on rights *Interregnum- a period in which government powers or operations are
2. Constitution of Sovereignty- highlights statehood and talks about suspended brought about by the succession of government.
amendments and revisions
3. Constitution of Government- focuses on the governmental *Search Warrant includes particularity of the place and of the items
operations involved.

*Bill of Rights is based on other sources like the American Declaration of Generations of Rights:
Independence, American Constitution, and Rights of Men
- this contains already established human rights which the government 1st Generation: Civil and Political Rights
cannot restrict as a rule. 2nd Generation: Socio-Economic, Cultural, Property Rights
-the bill of rights contains the rights that the citizens and those who sojourn in 3rd Generation: Developmental Rights
the Philippines may invoke. 4th Generation: Rights of the Future Generations

*Constitutional Rights these are rights not exclusive in Article III. *Civil and Political Rights- are commonly known as Negative Rights due to
- these rights are exclusive to Filipino Citizens only. the frequency of the use of the word NO.
Examples:
Article V- Suffrage Simon Case:
Article VI and VII Right to run for public office - This case is included to highlight the concept of human rights and
Provisions on Social Justice their invocation.
Article II- Right against Political Dynasties (Non-
self-executory provision) Concepts included in the case:
A. Civil and Political Rights
*Constitutionalism- the concept which states that all laws should conform B. Cultural Rights rights that would enrich the culture of the
with the Constitution since it is the Supreme Law of the Land individual under the concept of unity.
C. Socio-Economic Rights- rights for the economic development of
-Legitimacy of an Act- if a law violates basic constitutional rights, the law is individuals.
deemed unconstitutional. This is a substantive requirement which states that D. Property Rights- rights that would boil down to the self-autonomy
the laws should respect the civil liberties of the people. of the people that they must learn how to supply their own basic
needs without too much dependence from the government.
*Primacy of Human Rights A well respected doctrine which states that if c. As to nature of property regulated:
Human Rights and Property rights would collide, the case should be resolved Police Power: Regulates properties that are noxious, obnoxious or
in consideration of the human rights over that of the property rights. injurious that would violate morality, good custom, and public
welfare.
Hierarchy of Human Rights Eminent Domain and Taxation: Properties that are wholesome and
1. Human Rights useful
2. Bill of Rights d. As to nature of Compensation:
3. Property Rights Police Power: Altruistic feeling of being able to follow rules
4. Socio-Economic Rights Taxation: projects from the government
5. Cultural Rights Eminent Domain: just compensation
*Expropriation is the process of getting the property which has the fair
*INHERENT AND FUNDAMENTAL POWERS OF THE STATE*
market value as the basis.
- these powers need no constitutional grants to be exercised by the state
- in the absence of these, the government cannot function properly. - Exercise tantamount to the limits of due process and equal protection.

Characteristics: (hint: INMCL)


1. Inherent POLICE POWER:
2. Necessary for the operation of the government
3. Methods by which the government can interfere with the personal - Power of the state to promote public welfare by restraining and
affairs of the people, legally. regulating the use of liberty and property.
4. Every time there is interference from the 3 powers, an individual - It is the power principally lodged to the legislature to make and
expects Compensation. ordain laws that will promote public welfare with or without
Ex: Police Power -benefit of general welfare punishment.
Eminent Domain- Just Compensation - Most demanding, most persuasive, and least limitable of the
Taxation Projects from the Government inherent powers.
5. These powers can only be exercised through a Law. Legislative act - Police power can utilize the other powers to achieve its public
must be present for proper exercise of these powers by the welfare purpose
government. - Cannot be limited by a contract of by a treaty
Question: Who may Exercise Police Power? Ans: The Legislature, through
Differences between the powers:
law-making.
a. As to Coverage of Regulation:
- Police Power: Regulates Life, Liberty, property
- Eminent Domain: Regulates property *Plenary Powers Congress can legislate anything under the sun without
b. As to who may Exercise power: violation of the Constitution/ procedural and substantive limitations.
Police Power: Absolute= only the state - any law should promote public welfare
Taxation: Absolute= only the State
Eminent Domain: Not absolute since the power can be delegated to Historical Accounts of Police Power: There are actually no accounts where
private entities practicing public functions or quasi-judicial bodies. police power really started. Some said that it sprung after the French
Revolution and some would tell us that it originated in the American
Constitution after the American Revolution. EMINENT DOMAIN
- Power of the state to take private property, for public use, upon
*Naturalist Theory / Natural Law stated that man are natural or rational
payment of just compensation.
beings that know the concepts of right and good.
- Fundamental power which does not need express statutory or
*State of Origin / State of Nature concept that suggests the idea of constitutional grant/ authority.
controlling factors, which elucidates that if there is no controlling origin, - One government power that could be delegated to the
rights would be prone to abuse. administrative bodies, municipal corporations, private entities
performing public duties, and quasi-judicial corporations.\
*Social Contract Doctrine states that men are willing to surrender some of - Primarily exercised by CONGRESS.
their basic rights in exchange for some protection from the government. It
also suggests that if there is no government, there would be anarchy and Some Constitutional Provisions Supporting Such Power:
chaos.
Basic Purposes of Police Power: (hint:GHSOME) a) Article III, Section 9 Private Property shall not be taken for public
use without just compensation.
a. Promote the General welfare, comfort, and convenience of the b) Article 12, Section 18 The State may, in the interest of national
people. welfare and defense, establish and operate vital interest and
b. Promote and preserve public Health. industries
c. Promote and protect public Safety. c) Article 13, Section 4 The State shall, by law, undertake an
d. Maintain Peace and Order Agrarian Reform Program
e. Protect Public Morals, customs and traditions d) Article 18, Section 22 The government shall expropriate idle/
f. Encourage Economic Security abandoned agricultural lands as may be defined by law for the
beneficiaries of the Agrarian Reform Program.
Justifications of Police Power:
*Police Power v. Eminent Domain*
1. Salus populi est suprema lex the welfare of the people is the
- whenever property is taken by virtue of police power, it means that said
supreme law
property is noxious, obnoxious, or injurious to the public and such taking
2. Sic utere tuo ut aliemun non laedes use your property so as not to
cannot expect a just compensation in return while if the property is taken by
injure the property of others
sole virtue of eminent domain, we can be assured that the property taken is of
-better interpretation: Use your rights so as not to injure the rights of
wholesome characteristics since it would be used for the publics interest.
others
Question: Is the exercise of police power a political or a justiciable question?
Requisites for the exercise of Police Power:
Answer: It depends. If Eminent Domain is
1. Lawful Subject to arouse the general interest of the Public.
a. Exercised by Congress, it would always be a political
2. Lawful Means/ Methods the sanctions of the law should be
question except if there is grave abuse of discretion.
reasonably necessary for the accomplishment of the purpose
b. Delegated to the LGU is so far as the issue of
involved.
necessity, it would always be a justiciable question
*Class Legislation a forbidden law-making strategy which favors certain
and thus subject to judicial review.
classes of individuals and discriminates others.
Question: Why is the Political Question Doctrine not absolute under the ANSWER: It depends. Properties by the government that are
1987 Constitution? known as Patrimonial Properties or properties that are acquired
Answer: It is no longer absolute due to the Expanded Jurisdiction of the by the government in its private capacity could still be the subject
Courts under the provisions of Article VIII, Sec. 1 which allows the courts to of Eminent Domain, otherwise, it can no longer be the subject of
have jurisdiction over political questions so long as there is grave abuse of such power.
discretion.
3. TAKING
Requisites before the exercise of Eminent Domain: (hint: NPTUJD)
1. Necessity Circumstances Constituting Taking:
2. Private Property a. The expropriator (government) must actually enter the private
3. Taking property or actually take-over said properties.
4. Public Use
5. Just Compensation b. Entry by the government must be permanent.
6. Due Process Question: If the government occupies your property for 1 week,
can you sue them for just compensation?
1. NECESSITY- ask the questions: Is there a genuine need or ANSWER: NO. The entry as mentioned above is that of a
necessity of a public character? And Will the public benefit at large if permanent character, temporary or momentary use or stay in the
the state will exercise eminent domain? property of an individual does not subject the government for
- If the exercise would only benefit a few, then it is not a valid payment towards the owner.
exercise of eminent domain because it would violate the equal
protection clause. c. There must be a warrant/ color of legal authority there must be
- The question is necessarily lodged with the Congress a law justifying the exercise of eminent domain.
- It should be the Congress who needs to substantiate Eminent
Domain through a law d. Property must be devoted for public use.
2. PRIVATE PROPERTY any property capable of private
ownership which is not limited to real properties but also includes e. It should deprive the owner of all beneficial enjoyment of the
personal properties. property. This will include temporary disturbances/ minor
- Does not include Cash; and Choses in Action intangible rights disturbances.
capable of private ownership and are not capable of pecuniary
estimation. Question: If the government creates electric posts outside your land
but high tension electrical wires run over your property, can you
QUESTION: If a private property is already used for public demand for just compensation from the government?
purposes, can it still be the subject of Eminent Domain? ANSWER: YES. The owner can demand for just compensation
ANSWER: No. According to jurisprudence, these properties can because the situation involves a minor disturbance upon his
no longer be the subject of Eminent Domain, especially if it enjoyment of his property. The owner of the land is entitled to bot the
would only be the delegate who will exercise such power. terrestrial as well as the aerial domain of the property. The existence
of high tension electrical wires above his property curtailed his
QUESTION: Can government properties be the subject of enjoyment of the atmosphere above his owned land.
Eminent Domain?
4. PUBLIC USE will the public really benefit or is there even a a. Cash
public need or exigency? b. Bonds (government issued bonds) this can be allowed only if
Can either be direct benefit or indirect benefit. there is voluntary consent from the owner of the property since
there is a period required before such bonds could mature and be
Even if only a few would benefit actually from the expropriation, claimed as cash.
this does not diminish the essence of public use as long as public at *Dacion en pago (dation in payments) is the mode of paying by the
large is benefited. (Monasco v. CA) same kind and is not an acceptable form of payment in expropriation
cases.
5. JUST COMPENSATION -it is the just and complete equivalent of
the loss which the owner of the thing expropriated has to suffer by QUESTION: Who determines Just compensation?
reason of the expropriation. ANSWER: The courts would determine the value in the
-it is the payment that matches the Fair Market Value of the property expropriation proceedings.
taken.
QUESTION: Can the Executive branch issue and E.O. to determine
*Fair market Value (FMV) the sum of money which a person the just compensation?
desirous but not compelled to buy and an owner willing but not ANSWER: NO. Executive determination of just compensation is not
compelled to sell, would agree on a price to be given and received allowed because such is only a judicial function/ prerogative.
thereof.
- agreeable price between the seller and the buyer. QUESTION: When will we reckon the payment of just
- judicial disputes proceedings and mediation are allowed in the compensation?
determination of the FMV. ANSWER: From the ACTUAL TAKING or FILING OF THE
CASE whichever comes first. This is important to know because the
Requisites/ Components of Just Compensation: owners are entitled to interests.

1. Correct determination of the amount to be paid. If there is no QUESTION: Who will be paid?
agreement, receipt of evidence would occur to prove the fair ANSWER: Not only the owners but all who have beneficial/ actual
market value of the property. interest to the property can be paid and can be defendants in an
2. The payments should be made within a reasonable period of time expropriation proceedings to claim just compensation.
FROM THE TAKING OF THE PROPERTY. the reason is
because the real properties appreciate in value. 6. DUE PROCESS owner must be given the opportunity to be heard
and can contest the lack of necessity and to get the most out of the
Additional Notes: government.
*Commissioners- independent persons (usually 3 members) hired by
the court to determine the fair market value of the property. QUESTION: If the case is still pending(no final decision), is the
- the court is not necessarily bound by the findings of the government allowed to take over the land?
commissioners and the court can still determine the FMV if they so ANSWER: YES. The government can take over the property as long
desires. as they acquire a Writ of Possession. It is an order coming from the
courts which allows the government to take over the property while
Forms of Payment of the Just Compensation: the case is pending in the courts. This would be allowed provided that
the Expropriation proceedings be sufficient in form and in substance QUESTION: Can Municipal Corporations Invoke the right to due process?
where the govt. must show the real necessity to exercise eminent ANSWER: NO. Municipal corporations and other public corporations cannot
domain. invoke due process because they are mere instrumentalities of the
government.
Additional Notes:
*RA 7279 Urban Development and Housing Act of 1992 QUESTION: Can aliens invoke the right to due process?
-this requires that the government exhaust all remedies/modes of ANSWER: YES. This is because due process is universal in application,
acquisition of the land and expropriation should be the last resort or thus, aliens should be able to invoke this as well. It is also due to its
option. They should negotiate to acquire voluntary sale first. Limited derivation from the human rights. So, if the alien is admitted to the State, the
to SOCIALIZED HOUSING. latter should respect the human rights of the alien, such as due process.

QUESTION: If the case is subject to Judicial Review, what are the


matters that are to be considered by the courts? LIFE the basic notion is only to exist, however, the Constitution refers to
ANSWER: a.) Adequacy of just compensation b.) necessity c.) the integrity of the physical person.
public use character of the taking - is not limited to ones existence; encompasses many things such as human
nature and human dignity.
Human Nature this is the sum of inherent qualities or attributes
that make us humans, or make life beautiful.
QUESTION: Can a private individual enter into a contract with the
government saying that a property should not be subjected to eminent Qualities/ Attributes of Human Nature:
domain? a. We have in constant quest to knowledge or search for
ANSWER: No. It is derogative of the inherent powers of the state knowledge. Humans are rational. Only humans have the ability
which is contrary to public policy. of reasoning.
b. Humans are the only species who have notion on the existence
BILL OF RIGHTS of God. (religion)
Sec. 1 No PERSON shall be deprived of LIFE, LIBERTY, and c. Only human beings have the firm definition of what a family
PROPERTY without DUE PROCESS OF LAW. is.
d. Only human beings have the concept of love.
*RIGHT TO DUE PROCESS- is the first Constitutional Right. -without these attributes, life wouldnt be enjoyable or happy
Human Dignity idea of self-worth or self-respect
Who are entitled of the right to due process? We define our worth in the society. We actively seek out meaning in
PERSON referring to either natural or artificial persons life.
natural person - a human being who is created by God - Includes the concept of EGO, PRIDE
artificial person - an entity to which the law attributes personality, - We value our humanity and we value our worth in the society
such as a corporation or a partnership
*Only private corporations can invoke this constitutional right LIBERTY - is the freedom to do right and never wrong
*The focus is only natural persons. - is not limited to physical restraint
*Even an alien can invoke this constitutional right because it is - Enjoyment of attributes of life
universal in application - Right to choose a religion, not to believe a religion
*Can be invoked by citizens or non-citizens.
- Freedom of expression (subject to police power of the state); a. Impeachment
freedom of communication; abode or travel; association; for b. Extradition Proceedings
redress or grievances against the govt, etc.
Procedural and Substantive
PROPERTY - ownership; something to do with dominion (control) - Twin aspect of due process
**Possession holding of a thing and enjoyment of a right - Must concur
- Not limited to possess or hold and enjoy property, but to control
or destroy /dispose your property Procedural Due Process the law that hears before it
- not absolute ; subject to police power condemns
- ownership must be legal and not illicit/ unlawful Substantive - that the law itself is fair, reasonable and just
- not limited to physical properties but also intangible rights(choses
of action) such as intellectual rights and copyrights Publication of a law - essential requisite of procedural due process of law
- Includes Proprietal rights (Tanada vs Tuvera)
- Public office is not a property right because generally, right to Purpose: to appraise the citizens what the law is all about
profession is valid but there is an anti-dynasty because such
position is not to be inherited by relatives. I. PROCEDURAL DUE PROCESS

Question: Why are property rights beneficial? - The right to be hear as far as judicial proceedings are concerned
Answer: It is because of self-autonomy. We must seek a way to provide for
ourselves and properties can help us survive. Not all the things are provided ELEMENTS OF PROCEDURAL DUE PROCESS AS FAR AS JUDICIAL
for by the government. PROCEEDINGS: (IJOJ)
1. An Impartial and competent court clothed by law with authority to
DEPRIVATION to take away/ be restrained to use life, liberty, property hear and determine the matter before hand
- Not all kinds of deprivation are prohibited, only those taken - Existence of impartial court/ tribunal judges, justices
without due process of law - Cold neutrality of an impartial judge
- there are lawful exercises of deprivation particularly in the exercise of the >> the attitude of any judge in a proceeding. (default attitude)
three inherent powers. >> A judge should not be an interested party of the case, and he
- if you define due process, you will omit some parts of it. should not favor any party in the appreciation of facts until
*Procedural compliance with fair and reasonable method of decision is rendered
procedure >> A judge can only ask qualifying questions only.
- method or manner by which the law is enforced >> A judge shall be free of bias. Cases should be decided based
on facts and evidences not on personal estimation of the judge.
*Substantive when the act is done under the authority of the
law Prosecutor be the one to indict upon finding of probable cause
>> shall not have personal or professional history on the case

DUE PROCESS present when the act is done under the law; applicable in Probable Cause - profound belief that a crime has been
all types of proceedings (criminal, administrative, investigations, legislative committed
inquiries) - If the judge questions, due process is violated. They are only
allowed to ask Clarificatory questions.
Sui Generis a classification of its own
2 kinds:
2. Jurisdiction lawfully acquired over the person of the defendant or
property which is subject matter of the proceedings. Ex: Death Penalty- in these cases, there is automatic review by
way of appeal.
Jurisdiction power of court to hear and decide a case
Question: Is Preliminary Investigation part of Procedural Due Process?
How is jurisdiction determined? It is always provided for by law.
Answer: No. It is a mere statutory right with the purpose of determining
3. Opportunity to be heard given to the defendant probable cause and which finding are not equal to final judgment. However,
*Hearing- is the heart of procedural due process and its cornerstone. crimes punished by imprisonment of 4 years, 2 months and 1 day and above
- It is not limited to oral arguments and testimonies requires a mandatory preliminary investigation.
*Pleadings- written forms which asks for relief.
- Notice to a party is essential to enable it to adduce its own II. ADMINISTRATIVE DUE PROCESS
evidence and to meet and refute the evidence submitted by the
other party. ELEMENTS:
- To hear the facts first to render decisions
- A judicial decision without a hearing is null and void ab initio 1. Right to a hearing
and may be attacked directly or collaterally. 2. The tribunal must consider the evidence presented.
- Acts of a lawyer would normally bind the client except if the 3. The decision must have something to support itself.
negligence of the lawyer is so gross as to deny the client of due 4. There must be substantial evidence such as the amount of evidence
process. which is with reasonable mind might be accepted to support a
conclusion
Case: Jinggoy Estrada importance of cross examination, testing 5. The decision must be based on evidence presented
the credibility of a witness 6. There should be independent consideration on the facts of the
controversy
*Cross Examination- a process used to test the credibility of the 7. Appraisal of the issues and the reasons rendered by the tribunal.
witness and an integral part of the procedural due process.
- can legally be waived by a party but cannot be denied by the Nowadays, however, the courts are not that strict with complying
courts. with the elements. These modern cases state that the essence of
It is indispensable in both civil and criminal cases. administrative due process is the opportunity to be heard. There is
actually no need for a trial-type proceeding in such cases.

4. Judgment to be rendered after lawful hearing. Quasi-judicial bodies render a decision in their quasi-judicial
- Art. VIII, Sec. 14 : No judgment shall be rendered by any court function
without expressing clearly and distinctly the facts and the law on Administrative no need for a trial type of proceedings
which it is based.
- No oral orders from the courts Extradition - a process wherein a fugitive, one wanted for
- He can render judgment if a lawful hearing is conducted. prosecution, one subject of prosecution and will be surrendered to
another jurisdiction or another country or state.
APPEAL a statutory right; not integral part of due process, can - This is valid if there is a treaty between the states where the
be waived. But if it is the Constitution itself which will surrender would be made.
command the process of appeal, then it becomes a QUESTION: Is the person subject to an Extradition entitled to procedural
constitutional right. due process?
ANSWER: YES, because such involves a deprivation of liberty. *SUBSTANTIVE DUE PROCESS- this portion of due process pertains to
the merit or the substance of the law.
PHASE 1 PHASE 1
(Administrative) (Judiciary) -this is the part that prohibits arbitrary laws, therefore, the law must be
When the other country > why the extradite be subject to extradition reasonable.
requests for extradition
Requisites of a Reasonable Law:
a. Lawful Subject interest of public in general as distinguished from
ACADEMIC DISCIPLINE - Due process is also applicable in academic those of particular classes require the intervention of the State.
discipline.
b. Lawful Means the means employed are reasonably necessary for
Even schools are required to follow minimum standards of
the accomplishment of the purpose and not unduly oppressive on
procedural process.
individuals.
ELEMENTS:
*EQUAL PROTECTION- second constitutional right under Article III
1. Students must be informed in writing of the nature and cause of any Section 1 of the 1987 Philippine Constitution.
accusation against him. -this is copied from the American Constitution and Declaration of
2. Student must have the right to answer the charges against him with Independence4 of the US
the assistance of a counsel he decides.
3. Student shall be informed of the evidence against him. -protect particular groups of people.
4. Student must be allowed to adduce evidence in his own behalf.
5. Evidence must be duly considered by the school before rendering a -this is meant to avoid the discrimination particularly by reason of race,
decision. originally.

DEPORTATION PROCEEDINGS Modern Meaning of Equal Protection:


- Admin proceedings but criminal in nature because theres 1. Demands fair and equal treatment under the law.
deprivation of liberty. 2. Prohibits the concept of class legislation.
Purpose: to evict undesirable aliens from a territory Does Equal Protection demand perfect Equality?
Case: Domingo v. Shir
-NO. It does not require such standard because there is no such thing as
TERMINATION PROCEEDINGS perfect equality.

Elements: Who are entitled to the Equal Protection Clause?


1. Cause of Termination 1. Natural Persons entitled in all aspects of life, liberty, and property
2. Twin Notice Rule in Terminations 2. Artificial Person- entitled only to equal protection as to their
a. Inform him of the acts constituting the termination. (allows
properties.
explanation of the employee)
b. Notice of the Employer for actually terminating the employee. *EQUALITY- all persons or things similarly situated should be treated alike
(informs the employee of the decision of the employer) both as to rights conferred and responsibilities imposed. It does not mean
absolute equality.
Certain Aspects on the 1987 Constitution demanding equality: (hint: EPSA) **SOCIAL ASPECT- manifests that Social Justice is an equalizing force in
the society.
a. Economic Aspect
b. Political Aspect -Social Justice is something unique in the 1987 Constitution.
c. Social Aspect
-there is no actual definition of Social Justice
d. Access to the Courts/ General right to have legal remedy
Attempts that gave meaning to Social Justice:
**ECONOMIC ASPECT-this depicts that there should be fair economic
policies a. It is the humanization of the laws. (Calalang v. Williams)
b. Those who have less in life should have more in the law. (President
- this aspect, however, depicts that the 1987 Constitution has a bias regarding
Ramon Magsaysay)
the economic aspect since it favors Filipino Citizens over aliens.
QUESTION: Are those laws that favor certain Vulnerable Sectors (Magna
Manifestations of the Bias:
Carta for Women, VAWC) violate the equal protection clause?
a. Filipino First Policy
ANSWER: NO. These laws are valid because they serve as protection the
b. Section 2 and 10 of Article XII regarding the Exploitation and
people in the society who are prone to abuses.
Exploration of Maritime wealth here in the Philippines.
c. Alienable and Disposable Lands of Public Domains **ACCESS TO THE COURTS- states that tehre should be adequate
d. Grandfather Rule a rule that states that in acquiring certain judicial remedies to people, alien or not. (Article III, Section 2)
businesses with public interest, 60% of the capital stocks of the
corporation must be Filipino owned. Standards of Judicial Review: -these are various tests applied by the courts
to determine whether or not a law violates equal protection.
QUESTION: Why is there such bias given by the Constitution?
1. Rational Relationship test the Court will uphold a classification if
ANSWER: The answer is simple, the Constitution vests these rights it bears a rational relationship to an end of government not prohibited
exclusively biased to Filipino Citizens because in their own country, these by the Constitution.
aliens are also given such privileges. It is but proper to do the same to our
own citizens when it comes to economic rights. Ex: Can there be a valid classification between Filipino Citizens and
Aliens when it comes to Economic Opportunities? Yes (Ichong v.
**POLITICAL ASPECT- shown in Article V, VI, and VII
Hernandez)
-this stresses that though Filipino Citizens and Aliens have equal footing in
the Civil Rights, the same is not true when it comes to Political rights as these 2. Strict Scrutiny test- the Court will not accept every permissible
are exclusive to Filipino Citizens. government purpose as sufficient to support a classification, instead,
the courts would require the government to show/ present an
Constitutional Provisions: overriding end or compelling end.
1. IX (c), Section 10 bona fide candidates must be free from
harassment Ex: Limiting the deployment of entertainers in Japan due to frequent
2. Article XIII, Section 1 refers to the reduction of economic and abuses in this work.
political inequities here in the Philippines. This provision would also
refer to the political dynasties being prevented as such would be a 3. Intensified Means test- the court should accept the purpose of the
deprivation of political opportunities to the deserving candidates. legislation but it should closely scrutinize the relationship between
the classification and the purpose. This is commonly used in the For a search and seizure to be valid, legal and unconstitutional, there
Philippines. should be a judicial / legal written document called a SEARCH
4. Fundamental Rights test- Wherever a law violates fundamental WARRANT.
human rights, it also offends the equal protection clause of the 1987
Constitution. What is prohibited or inviolable? Unreasonable searches and seizures
When is a search become unreasonable?
TWO WAYS:
5. Suspect-Classification test- if the basis of the classification will be
a. When the search and seizure is without warrant and the manner
race or national origin, then the law is immediately in suspect. This
of enforcing it is unreasonable.
can also includes religious beliefs. b. When the search and seizure is with a warrant but it is not
founded on judicially determined probable cause or the manner
QUESTION: Can gender be a valid classification of a legislation? of enforcing it is unreasonable.
ANSWER: YES, as evidenced by the VAWC and other special legislations. **Probable cause is an important element.

Who are entitled to this constitutional right?


rd
QUESTION: How about the 3 sex for legislation purposes? - All citizens and non-citizens can invoke this right.
ANSWER: This is a gray area of the law. - Artificial persons / private corporations can also invoke.
(Stonehill v. Diokno)
***The constitution allows valid classifications because there is no such thing - However, the books of the businesses are open for inspection by
as perfect equality, provided that these classifications follow some requisites. the State in relation to the police power and the power of
taxation.
This right is Personal if the right against unreasonable searches is
invoked by the person entitled to it
Requisites/ Standards of a valid classification: (hint: SGLA) - Person whose person, house document or effect is being searched
1. Substantial Distinction creating real differences or invaded
2. It should be Germane to the purpose of the law - It can be waived by the person whose person, house , document
3. It should not be Limited to present conditions but extends to the or effect is the subject of the search only.
future conditions Corporation it can be invoked through its board of directors or
4. Must Apply equally to all the members of the same class trustees or any of its responsible officers, not an ordinary employee.

To whom is it directed?
SECTION 2. The right against unreasonable searches and seizures - Invokable against the STATE or any of its agencies and trusted
offices tasked to enforce the law, particularly the police men.
- This provision is protected by the United Nations Universal
- Cannot be invoked against private individuals conducting the
Declaration on Human Rights
search.
- A very important constitutional right
Purpose: Andre Marti v. People
- to protect one of the recognized zone of privacies (right to Facts: This case involves a parcel delivery service where Marti
privacy and communications, right to be secured in ones sent a package and it was inspected by the company conducting
persons houses, papers and effects, right to religion, etc) the delivery and found out that it is filled with blocks of
marijuana.
General Rule:
Issue: Can the marijuana acquired from such search accepted in Probable cause- such facts and circumstances which would lead a
courts as evidence? reasonably prudent man to believe that an offense has been
Held: The SC held that the exclusionary rule cannot be invoked if committed and that the objects sought in connection to the offense are
the search is done by a private individual or corporation. in the place sought to be searched.

EXCLUSIONARY RULE: Any evidence taken from an unreasonable Question: Can you apply for a probable cause in civil cases?
search and seizure is inadmissible to court. Answer: NO. It should be in relation to a criminal case.

Exception: Zulueta v. CA Searches are valid and be invoked in 2. Probable cause shall be determined only after the examination under
marriage. It is no excuse to crumple the right to privacy or right oath or affirmation of the complainant or the witness.
against unreasonable search and seizures. Oath one delivered by a person to tell the truth before God.
Affirmation oath for those who do not believe in God
SEARCH AND SEIZURE (S/S)
Complainant and witness should submit an affidavit -- legal
There is a S/S if there is a police or other authorities or agents who document which serves as a narration of facts and circumstances
will suspect that a crime has been committed and do a search on a private under the process called as jurat (Process of affirmation or oath).
property or confiscate any relevant evidence to the crime.
*The reasonableness of a S/S is a judicial question only the court Question: Can the judge rely on the affidavit of complainant and the witness?
can say whether or not a S/S is reasonable. Which means that unilateral Answer: NO. The judge shall conduct searching questions to test/ interrogate
declaration of the police on the validity of the warrant is not valid. the complainant and witnesses affidavits as far as the applicability of search
is concerned.
I. Search with a Warrant
Question: What questions should the judge ask?
SEARCH WARRANT order in writing issued in the name of the Republic Answer: Questions that would lead to Ultimate facts and circumstantial
of the Philippines, signed by a judge, directed to a peace officer commanding evidence that will justify the issuance of the search warrant. Searching and
him to search for personal properties described therein and bring it before the answers should be properly recorded (Stenographic Notes - TSN)
court. (Sec. 1, Rule 126, Revised Rules of Criminal Procedure)
ULTIMATE FACTS v. CONCLUSION OF
**As to the nature of Property It is only limited to personal properties LAW
or movable properties. Facts and circumstances > legal principles to the facts of
** Manner of Issuing it - is a judicial process; is in the nature of judicial the case that have been found
process intended as a response to an incident in the main case if one is already to be true by the jury
pending or in anticipation of a case.
What are the objects of Search Warrant (SW)?
Question: Can you file for a search warrant without a case being filed? 1. Limited to Personal Properties which are the subject of fruits,
Answer: Yes. This is usually done to fish for information or evidence and is stolen/ embezzled or used or intended to be used in committing an
an allowable mode of evidence discovery. offense
*Real Properties- Ocular inspection is proper and not search and
Constitutional Requirements of a VALID SEARCH WARRANT seizure.
Purpose: Should be specifically/ particularly described in the SW to
1. PROBABLE CAUSE to be determined by the judge prevent abuse, to avoid the concept of a general warrant because it is
not a sweeping authority to confiscate anything from the premise.
(Stonehill v. Diokno) 3. Knock and Announced Rule upon arriving at the place to be
searched, the searching authorities must clearly explain the purposes
*General Warrant-one that fails to particularly describe the objects of Search, though not an absolute rule.
to be seized. This is also known as a Scatter-Shot Warrant. - If there is resistance and peril on the life of the life of the
searching party, then the authorities can use necessary and
SUBJECTS OF THE SW reasonable force.
Subject Person - shall be particularly described. Even there is no
name so long as there is a description. 4. Witness to Search Rule preferably the person to be searched
should be present.
Sample Case: A warrant was applied for the possession of illegal ** In the absence of the subject person, the lawful occupant of
drugs directed against Mr. Lalas. A person was found in the house the house should be present.
described therein but when asked if he is Mr. Lalas, the person ** In the absence of the residents or occupants, the 2-witness rule
denied saying that his name is Mr. Calion who is the owner of the will be sufficient. (Witnesses must be of sufficient age and
house, but matched the descriptions laid down for Mr. Lalas. discretion)
- In any part of the house or premise to be searched, the witnesses
Question: Is the warrant defective because of having the wrong should be allowed to witness the procedures done except if they
name of the individual therein described? are not cooperative.
Answer: No. The warrant is not defective if the place and the person - Bawal yung pinapaupo lang yung persons sa tabi habang
is particularly described. As long as the description matches the one nagsesearch yung mga authorities.
on the warrant, even if the name is wrong, the warrant remains valid. -
5. Inventory/ Receipt of Items searched should be prepared before the
Question: What is the remedy if the person to be searched cannot be representative of the barangay or DOJ or media.
ascertained?
Answer: John Doe Warrant used when the name is not Question: Can you compel the person to sign the items seized in the
ascertained, instead, the characteristics of the person is mentioned receipt of the inventory?
instead in the SW (description personae) Answer: No. This would be a violation against self-incrimination
since the evidence would be later on used against the accused.
One Specific Offense Rule to avoid a scatter-shot warrant.
- This includes the subject of the search to avoid a wide degree of RA 9165, Sec. 21 Gives the additional requirements in drug cases.
discretion on the part of the searching police officer. a. Inventory and receipt should be prepared in the presence of the
representative of the barangay, DOJ, representatives of the
Place same place described in SW to be searched media. Failure to do this would subject the case to probable
dismissal.
BASIC RULES IN IMPLEMENTING SEARCH WARRANT b. Within 72 hours, the inventory and the items should be submitted
for Qualitative and Quantitative Examinations.
1. Validity/Lifespan SW is only valid in a period of 10 days from
issuance. 6. The searched warrant and seized items shall be immediately
delivered to court.
2. Time of making the SW there isnt any rule in the Constitution
providing for the time but day search should be preferred to avoid **WARRANTLESS SEARCH OR SEIZURES**
abuses (according to American Jurisprudence) -These are allowed by the Constitution.
**Readily Apparent- not only to sight but to the different
Instances of Warrantless Search and Seizure: senses.

1. When there is a valid Waiver of Consent This is because the right Problem: There is a search warrant issued for 1kg of shabu in the
is a personal right and thus subject to waiver but only through the possession of a person. When the authorities went to the house of
invocation of the person subject to the search. the accused, they found a 45 caliber pistol just on top of the
drawer.
Question: If the subject of the Search is the Lessee, can the
Landlord waive the right of the former? Question: Can the 45 caliber pistol be confiscated by virtue of
Answer: No, it being a personal right. the plain view doctrine?
Answer: No. The situation presented involves police who are
Question: If the subject of the Search is the Husband, can the Wife waive already searching for evidence so the plain view doctrine cannot
the right of the former? be given effect. The police should instead apply for another
Answer: No, it being a personal right. warrant for the pistol.

Question: If the subject of the Search is the Ward (minor/incapacitated), 4. Enforcement of Fishing, Customes, and Immigration Clauses
can the Guardian/Parent waive the right of the former?
Answer: Yes, in this case, the minor or the ward can only act by virtue of the 5. Terry Arrest also known as the Stop-and-Frisk Search
guardian or the parent so there can be a valid waiver by the latter. -This is based on the USA Case of Terry v. Ohio, where a black
person is searched by the police without a warrant. This is applicable
Question: If the subject of the Search is the Student, can the School if there is a perceived or possible danger to the life of a police officer
waive the right of the former? and the main subject is to look for weapons that could be used
Answer: This requires a qualification. If the student is a minor, then towards the police.
it would be best to contact the parents but the teacher can also waive
this due to their special parental authority. People v. Solayao A person is arrested because he is wearing a
military jacket when in fact such is prevented during those times.
2. Search incidental to a lawful arrest (Sec. 12, Rule 126 RRCP) Justified Terry arrest.
Arrest should come first before the Search. Manalili v. CA a person with wobbling eyes is arrested. SC
3. Plain View Doctrine used when evidence is immediately exposed said that Terry Arrest is justified since those characteristics are
to the sight of the police officers/ is readily apparent to them. present in drug addicts.

4 Requisites for the Plain View Doctrine: 6. Search of Moving Vehicles this is only for reasons of necessity
a. Prior valid intrusion intrusion in which the police is legally because the possibility of flight is high when using vehicles.
present pursuant of their official duties.
b. The evidence was inadvertently discovered by the police officer In Re: Checkpoints When it comes to these, only visual searches
who had the right to be where they are. ( hindi sila intently are valid. No physical search is allowed. Neither are they allowed to
naghahanap ng evidence/ no search warrant.) open the compartments. This is also applicable to motorcycles.
c. The evidence must be immediately apparent to be the evidence of
a crime. 7. Emergency Circumstances such as in occasions of Coup detat and
d. The plain view justifies seizure of evidence without further calamity and disasters.
search.
What is the Scope of Warrantless Searches:
1. The person Subject of the Search a. When in his presence, the person to be arrested has committed, is
2. His Immediate Surroundings- those within his control. actually committing, or is planning to commit an offense. (flagrante
delicto arrest)
ARREST - In order to consider this valid, there should be overt acts in the
- The taking of a person into custody in order that he may be commission of the offense. (actus rea)
bound to answer for the commission of an offense. - The overt acts of the offense were done in the presence of the
- Concept is limited to criminal law or other penal laws. arresting officer.
- There is arrest when restraint is made to a person to be *Citizens Arrest arrest done by private individuals.
arrested or by his voluntary submission to the custody of the
person making the arrest. Umil v. Ramos in rebellion, in flagrante delicto arrest is valid
- Like searches, arrests can be made with or without a warrant. because rebellion is a continuing crime. Rebellion involves mens
rea. There are no overt acts but can still be arrested due to
Process of Issuing Warrants of Arrest: purpose.
- There should be probable cause.
b. When the offense has indeed just been committed and the person
Kinds of Probable Cause in Arrest Warrants: arresting has probable cause and personal knowledge of the offense
a. Executive Determination of Probable Cause defines probable committed. ( Hot Pursuit)
cause as those facts and circumstances which would lead a - The person making the arrest has personal knowledge of the
reasonable, discreet, and prudent mind to believe that an offense commission of the crime.
has been committed and the person so indicated is probably - Actual presence of the arresting individual during the crime is not
guilty thereof. necessary, such as reported crimes, as long as there are
- This is done through the proceeding known as Preliminary reasonable grounds of suspicion accompanied by good faith to
Investigation which is a type of proceeding to determine and conduct the pursuit.
establish Executive Determination of Probable Cause.
b. Judicial Determination of Probable Cause defines probable Question: When should the Pursuit Happen?
cause as suc facts and circumstances that would lead a Answer: Since it is called Hot Pursuit, the pursuit should happen
reasonable, discreet, and prudent mind to believe that an offense immediately.
has been committed by person sought to be arrested. c. Arrest of a Fugitive

**Inquest procedure to be followed when there is a warrantless PRIVACY OF COMMUNICATION AND


arrest; similar to a preliminary investigation. Instead of issuing a CORRESPONDENCE (Art. III, Sec. 3)
warrant of arrest, the judge issues a Commitment Order. -one of the zones of privacy which shall be inviolable.

Validity of Arrest Warrant: Question: Is this an absolute rule?


- Valid anywhere in the Philippines Answer: No, since there are limitations or exceptions as follows: a)
- Implemented at any day, and any time by the police officers If there is a court order, or b) If public order and safety requires it.
- If the accused is not arrested, the case would be archived within These Rights may be overridden by Compelling State Interests.
six months from issuance of arrest warrant, but theyd still issue
an Alias Warrant of Arrest Samples of Compelling State Interest:
1. Anything of public concern.
Instances of Warrantless Arrests (Rule 113, Sec. 5 RRCP) 2. Investigations in aid of legislation
3. Financial statement of public officers
4. Foreign securities and borrowings. employee, or of a private individual or entity engaged in the
gathering, collecting or storing of data or information regarding
**If there is no compelling State Interest, every individual can invoke the person, family, home and correspondence of the aggrieved
reasonable expectations of privacy. party.

Reasonable Privacies (Privileged Communications)


a. Between Husband and Wife
b. Attorney and Client
c. Priest and Penitent
d. Doctor and Patient
e. Banks and Clients

Three strands of the right to privacy:


(1) locational or situational privacy;
(2) informational privacy; and
(3) decisional privacy.

Locational or situational privacy


- Refers to the privacy that is felt in physical space, such as that
which may be violated by trespass and unwarranted search and
seizure.
Informational privacy
- Usually defined as the right of individuals to control information
about themselves.
Decisional privacy
- Usually defined as the right of individuals to make certain kinds
of fundamental choices with respect to their personal and
reproductive autonomy
-Vivares v. St. Theresas College, 2014, GR No. 202666

Reasonable Expectation of Privacy


the reasonableness of a persons expectation of privacy depends on a two-part
test:
(1) whether, by his conduct, the individual has exhibited an expectation of
privacy; and
(2) this expectation is one that society recognizes as reasonable."
-Ople v. Torres

Habeas Data
- The writ of habeas data is a remedy available to any person
whose right to privacy in life, liberty or security is violated or
threatened by an unlawful act or omission of a public official or