Sec.

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.

Totality of Governmental Power:

1. Police Power
2. Power of Eminent Domain
3. Power of Taxation
- Constitution can only define and delimit said powers and allocate exercise, does not grant such powers to gov’t
- Restrictions found in the Bill of Rights are directed against the State

Bill of Rights vs. Art. 13 (Social Justice)

Bill of Rights: focuses on civil/political rights, self-implementing (may be appealed in the absence of implementing
legislation)
Art. 13 (SJ): focuses on social/economic rights, needs implementing legislation

Police Power : inherent and plenary power in the State enabling it to prohibit all that is hurtful to the comfort, safety,
and welfare of society; rests upon public necessity and the right of state and public to self-protection
➔ Enjoys the presumption in favor of validity
➔ Only subject to judicial inquiry when it affects life, liberty or property of any person

- Bill of rights universal in application to all persons within territorial jurisdiction (person = aliens; private corporations)

Civil Liberty : measure of freedom which may be enjoyed in a civilized community

Right to Liberty right to exist and right to be free from arbitrary personal restraint; to be free to use his faculties in all
lawful ways

Justice Malcolm: “liberty includes right of the individual to contract, engage in any common occcupations of life,
acquire useful knowledge, to marry, establish a home and bring up children and to worship God accdg.
to dictates of conscience”

Writ of Amparo - remedy available to any person whose right to life, liberty and security is violated or threatened with
violation by an unlawful act/omission of a public official/employee, or of a private individual/entity
➔ Covers extralegal killings, enforced disappearances/threats of such

- Protected property includes vested rights (right to work, right to earn a living, security of tenure, perfected claim, final
judgment, one’s employment/profession)
- Public office is not property but a “public trust/agency”
- No right is absolute; State may interfere with personal liberty, property and business occupations in order to secure the
general welfare (affects preservation of State or public health/welfare, and public morals)

- Founders of American Constitution (from which PH due process clause was lifted) regarded property as important as
life and liberty-- to protect property is really to protect life and liberty
- Property is more closely regulated not to oppress owner but to impress upon him social character of what he holds

Requirements of Due Process:

1. Court/tribunal with judicial power to hear and determine the matter before it
2. Jurisdiction lawfully acquired over the person of defendant/property subject of proceedings
3. Defendant must be given an opportunity to be heard
4. Judgment rendered upon lawful hearing

- Procedural due process achieves 2 purposes: (a) contributes to accuracy, minimizing errors in deprivations
(b) gives sense of rational participation in a decision that can affect
one’s destiny and enhances his dignity as a thinking person

“Cardinal Primary” Requirements in Administrative Proceedings:

1. Right to a hearing (right to present one’s case and submit evidence)
2. Tribunal must consider evidence presented
3. Decision must have something to support itself
4. Evidence is substantial (one which reasonable mind accepts adequate to support
conclusion)
5. Decision based on evidence presented (at least contained in record/disclosed to parties affected)
6. Tribunal acts on its own independent consideration of law and facts
 7. Board/body render its decision in such manner that parties can know the issues involved and reason for such
decision rendered

Emergency - permanent condition of insufficiency of service or of facilities, resulting in social disturbance/distress

● Publication is mandatory for laws to take effect, 15 days may be shortened or lengthened
➔ Applies to all laws, even local application and administrative rules, PDs and EOs
➔ Does NOT apply to interpretative regulations and those internal in nature (regulating only personnel of
administrative agency)

- Statute vague when it lacks comprehensible standards that men “of common intelligence must necessarily guess at its
meaning and differ as to its application” (cannot be clarified by a saving clause/by construction)
- Repugnant to the Constitution: (a) violates due process for failure to accord persons fair notice of conduct to avoid
(b) leaves law enforcers unbridled discretion in carrying out its provisions arbitrarily

Void-for-Vagueness Doctrine : a statute which 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, violates due process of law

Overbreadth Doctrine : a governmental purpose may not be achieved by means which sweep unnecessarily broadly
and invade the area of protected freedoms

“Chilling Effect” : possible harm to society in permitting unprotected speech to go unpunished is outweighed by
possibility that protected speech of other smay be deterred and grievances are left unsettled
because of possible inhibitory effects of overly broad statutes

➔ Overbreadth and vagueness doctrines only apply to testing “on their faces statutes” in free speech cases

Equal Protection Clause : guarantees legal equality; that each indicidual dealt with as an equal person in the law
“that no person/class shall be deprived of the same protection of the laws which is enjoyed by
other persons/classes in the same place and in like circumstances”

Tests for determining reasonableness of classification:

1. Strict Scrutiny Test: show that classification serves compelling state interest and that such classification is
necessary to serve that interest (race, nationality, religion, denial of right to vote)
2. Intermediate Scrutiny: show that classification serves important state interest and is at least substantially
related to serving that interest (gender, illegitimacy)
3. Rational Basis Scrutiny: show that classification is rationally related to serving a legitimate state interest
(traditional rationality test, applies to all subjects other than those listed; most used)

Bargaining Unit - a group of employees of a given employer, consistent with equity to the employer indicate to be the
best suited to serve rights and duties of parties under collective bargaining provisions of law
➔ Factors to determine appropriate collective bargaining unit:
◆ Will of employees
◆ Affinity and unity of employees’ interest
◆ Prior collective bargaining history
◆ Similarity of employment status
➔ Basic test of bargaining unit’s acceptability: W/N it is the combination that assures all employees the exercise of
their collective bargaining rights

- Taxing power has the authority to make reasonable and natural classifications for purposes of taxation
➔ Uniformity of tax: operates with same force and effect in every place where subject may be found

Random Facts (idk where else to put them):

- Constitution: civil rights of aliens and citizens - equal footing; political rights - not the same
- EPC does not require territorial uniformity of laws (ex: zoning ordinances)
- EPC can be violated by creating a system that fosters inequality (ex: Act which empowers Provincial Boards to
appropriate salaries of probation officers in their respective provinces)
- As long as the classification is germane to the purpose of Act and based on substantial differences between the situation
of those conscered, does not offend against EPC
- Power of eminent domain can be used by gov’t for effectuation of land reform
Sec. 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.