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ART 3: BILL OF RIGHTS - The writ of amparo was a remedy available to any person whose life to life, liberty

ro was a remedy available to any person whose life to life, liberty and security
is violated or threatened with violation by an unlawful act or omission of a public official or
SECTION 1- NO PERSON SHALL BE DEPRIVED OF LIFE, LIBERTY OR PROPERTY WITHOUT DUE employee, or of a private individual or entity. Covers extralegal killings and enforced
- Writ of amparo covers only violations against right to life, liberty and security.
1. Protection against abuse of power In re Petition for Habeas Corpus
- Social and political institutions are justified in so far as their primary aim is the defense and - It upheld the blanket restriction on contact visits of detainees because it is reasonably related to
protection of freedom security. The security consideration outweighs the sentiments of the detainees.
Totality of governmental power: Protected property- includes vested rights such as a perfected mining claim, or a perfected homestead, or a
a. Police power final judgment. It includes the right to work and the right to earn a living. One’s employment, profession, trade
b. Power of eminent domain or calling is protected property. A privilege is not a protected property and can be withdrawn if public interest
c. Power of taxation requires it. But, a privilege may become.
- Right to tenure is under protected property.
a. Police Power
- Inherent and plenary power of the state which enables it to prohibit all that is hurtful to the 3. Hierarchy of rights
comfort, safety, and welfare of society - Primacy of human rights over property rights is recognized, property and property rights can be
- Done for the good and welfare of the commonwealth and of the subjects of the same. lost through prescription but human rights are imprescriptible. Otherwise, the bill of rights is
- Rests upon public necessity and upon the right of the state and the public to self-protection. Its useless.
scope depends on the changing needs of the country. - In the hierarchy of civil liberties, the rights of free expression and of assembly occupy a
- Done to justify public health measures (quality of food sa palengke, sewage,meat), public safety preferred position as they are essential to the preservation and vitality of our civil and political
measures (building regulations), public morals (vagrancy, gambling, drugs, sex). institutions; and such priority “gives these liberties the sanctity and the sanction not permitting
- The judiciary should not set aside the decisions of the legislature when there is no clear dubious intrusions.
invasion of personal or property rights under the guise of police regulation. - Property is an enhancement to life and liberty.
- Always coupled with the presumption of constitutionality 4. Due process as procedural fairness
- Practiced also in the areas of labor, agricultural tenancy and social legislation. Used to regulate - Guarantee of procedural fairness
them. - Forbes vs Chuoco Tiaco
- Subject to the constitution and the supervision of the courts. Yardstick is the due process clause Such an exercise of the powers of the government as the settled maxims of law permit and
and the equal protection clause. sanction under such safeguards for the protection of individual rights as those maxims prescribe
- Directed against the state only. Does not include the rights of private individuals. for the class of cases to which the one in question belongs.
Cases - Lopez v Director of lands
- Refusal to give permits to nightclubs and professional dancers via ordinance was deemed to be Every citizen shall hold his life, liberty, property and immunities under the protection of general
unconstitutional as going beyond mere regulation into a prohibition of a profession or calling rules which govern society.
which if regulated can become legitimate. - Elements of due process:
- The morality of gambling is not a justiciable issue. Nothing in the constitution that says so. a. There must be a court or tribunal clothed with judicial power to hear and determine the
matter before it.
2. Life, liberty, property b. Jurisdiction must be lawfully acquired over the person of the defendant or over the property
- The protection touched all persons, be they citizens or aliens, natural or corporate. which is the subject of the proceedings
- Liberty includes the right of the citizen to be free to use his faculties in all lawful ways; to live c. The defendant must be given an opportunity to be heard
and work where he will; to earn his livelihood by any lawful calling; to pursue any avocation and d. Judgment must be rendered upon lawful hearing
for that purpose, to enter into all contracts which may be proper, necessary, essential to his - Due process is not always a judicial process. It may be an administrative proceeding
carrying out these purposes to a successful conclusion. The chief elements of the guarantee are - Elements of due process in an administrative proceeding:
the right to contract, the right to choose one’s employment, the right to labor and the right to a. The right to a hearing, which includes the right to present one’s case and submit evidence
locomotion. in support thereof
- Protected liberty includes “ not merely freedom from bodily restraint but also the right of the b. The tribunal must consider the evidence presented
individual to contract, to engage in any common occupations of life, to acquire useful c. The decision must have something to support itself
knowledge, to marry, establish a home and bring up children and to worship God according to d. The evidence must be substantial. It must be adequate to support a conclusion
the dictates of conscience.
e. Decision must be based on the evidence presented at the hearing, or at least contained in 1. PURPOSE OF THE PROVISION
the record & disclosed to the parties affected - The inviolability of the home is one of the most fundamental of all the individual rights declared
f. The tribunal or the body should in all controversial questions render its decisions in such a and recognized in the political codes of civilized nations. No one can enter into the home of
manner that the parties to the proceeding can know the various issues involved abd the another without the consent of its owner or occupants.
reason for the decision rendered. - One of the most sacred rights to which men are entitled.
- The heart of the judicial process is the need for notice and an opportunity to be heard. - Protects the privacy and sanctity of the person himself
- Due process in educational institutions - Guarantee against unreasonable searches and seizures
Balancing act between the right to education and freedom of education What is an unreasonable searches and seizure?
Cases are summarily executed’ Searches and seizure done without a validly issued search warrant or warrant of arrest
Guidelines in due process in educational institutions People vs Escano- routine checkpoints are ok because it involves a brief question or two only. For as long as
1. The student must be informed in writing of the nature and cause of any accusation against the vehicle is neither searched nor its occupants subjected to a body search, and the inspection of a vehicle is
them limited to a visual search, said routine checks cannot be regarded as violative of an individual’s rights against
2. They shall have the right to answer the charges against them, with the assistance of unreasonable search.
counsel, if desired
3. They shall be informed of the evidence against them 2. Probable cause
4. They shall have the right to adduce evidence in their own behalf - Primary requirement for the issuance of a warrant
5. The evidence must be duly considered by the investigating committee or official designated - The factual and practical considerations of everyday life on which reasonable and prudent men,
by the school authorities to hear and decide the case. not legal technicians act.
- Such facts and circumstances antecedent to the issuance of a warrant, that are in themselves
5. Substantive Due Process sufficient to induce a cautious man to rely upon them and act in pursuance thereof.
- guarantee against arbitrary power - With probability, not absolute or even moral certainty
- The legislature may not, under the guise of public interest arbitrarily interfere with private business, or impose - Such facts and circumstances which would lead a reasonably discreet and prudent man to
unusual and unnecessary restrictions upon lawful occupation. believe that an offense has been committed and that the objects sought in connection with the
- presumptive reasonableness of governmental action offense has been committed by the person sought to be arrested.
- pairing considerations of aesthetics with health, safety and morals - Rules of court requires that a judge issue a warrant of arrest if he finds after an examination in
6. Publication and clarity of laws as a requirement of due process writing and under oath of the complainant and his witnesses in the form of searching questions
- void for vagueness and overbreadth doctrine (does not apply to criminal cases) and answers that a probable cause exists.
- 15 days publication in the official gazette - Liberal construction in favor of the individual. There is no presumption of regularity of searches
7. Equal protection - Probable cause does not need a specific offender. It must be probable cause of
3 kinds of tests to determine the reasonableness of the classification something specific
strict scrutiny test- requires the government to show that the challenged classification serves a compelling
state interest and the classification is necessary to serve that interest
intermediate or middle-tier scrutiny test- requires the government to show that the challenged classification Art 3 sec 2 warrantless searches and seizures
is at least substantially related to serving that interest
minimum or rational basis scrutiny- the government need only show that the challenged classification is Exceptions to the warrant requirement:
rationally related to serving a legitimate state interest 1. Search incidental to arrest
Most used test is the liberal rational scrutiny test
Equality in employment between locals and foreigners
2. Search of moving vehicles
Collective bargaining 3. Seizure of evidence in plain view
4. Customs searches
7. Exigent circumstances
- An officer making the arrest may take any money or property found upon his - Probable cause: The existence of such facts and circumstances which could
person which was used in the commission of the crime or was the fruit of the lead a reasonably discreet and prudent man to believe that an offense has been
crime or w/c might furnish the prisoner with the means of committing violence or committed and that the items, articles, or objects sought in connection with said
escaping offense or subject to seizure and destruction by law is in the place to be
- Purpose of the exception: to protect the arresting officer against physical harm searched.
from the person being arrested who might be armed or to prevent the person - STOP AND SEARCH: search w/o warrant or at military or police checkpoints is
from destroying evidence within his reach. ( kasi you may need to bring it to not illegal as long as it is warranted by the exigencies of public order and
court) conducted in a way least intrusive to motorists. It can be mere routine inspection
- The scope of allowable warrantless search is limited to the area within w/c the or it may involve an extensive search.
person arrested could reach for a weapon or reach for evidence to destroy it. - The ff. search is considered permissible in routine searches:
- Nolasco vs Pano: Nolasco was riding a jeepney and the search was made in 1. Officer draws aside the curtains on a vacant vehicle parked on public fair
her house several blocks away from the place of arrest. The original court ruling grounds
justified the search as one incidental to arrest. Nolasco reversed this rule. 2. Simply looks into the vehicle
- The better and established rule is to absolutely limit a warrantless search of a 3. Flashes a light therein w/o opening the vehicle’s doors
person who is lawfully arrested to his or her person at the time of the incident to 4. Where the occupants are not subjected to a physical or body search
his/her arrest and to dangerous weapons or anything which may be used as 5. The inspection of the vehicle is limited to a visual search or visual
proof of the commission of the offense. Such warrantless search cannot be inspection
made other than in the place of arrest. 6. Where the routine check is conducted in a fixed area
B. Search of moving vehicles C. Evidence in plain view
- Papa vs Mago: involves the seizure of 2 trucks w/o warrant coming from the - Objects falling in plain view of an officer who has a right to be in the position to
customs zone of the port of manila and allegedly loaded with misdeclared and have that view are subject to seizure and may be introduced as evidence
undervalued imported goods. In upholding warrantless search and seizure, the - Discovery must be inadvertent (unintentional). If the officer encounters the
court relied solely on the distinction between moving vehicles. For stationary prohibited objects after poking around then the discovery is inadvertent.
vehicles- practical to get a warrant because it can be readily obtained as D. Customs inspection
compared to moving vehicles. Moving vehicles- can be quickly moved out of the - Customs officer or border officers may search incoming persons and goods to
locality or jurisidiction in w/c the warrant must be sought. look for either goods concealed to avoid duties or other materials.
- Papa case is the enforcement of customs laws E. Waiver/ Consent
- However in the case of Coolidge vs Hampshire, the court did not allow the - May be done expressly or impliedly
warrantless search of a parked car because the facts did not indicate that it was - Waiver can be shown by failure to make any objection or even mutter a bit of
impracticable to get a search warrant. The Carroll rule does not dispense with protest
probable cause. - To constitute a waiver of constitutional right: (1) The right exists (2) The person
- The rule on moving vehicles is inapplicable to vessels w/o its engine involved had knowledge either actual or constructive, of the existence of such
- Warrantless search is not allowed if it was shown that the officers had every right (3) The person had an actual intention to relinquish such right
evidence and opportunity to obtain a warrant while waiting for the boat to arrive. - Peaceful submission to the search or seizure is not an implied waiver but is a
- People vs Malmstedt: Police checkpoint can also be the occasion for the search mere demonstration of the supremacy of the law.
of a moving vehicle. - A waiver must be understood to cover only what is included w/in the terms of
- Warrantless search is allowed if based on the situation, waiting for a warrant the language.
could give the suspects time to hide the instruments of the crime. F. Exigent circumstances
- Reasonable ground that a crime was being committed
- People vs De Gracia: (1) Intelligence reports indicated that the building was selected group. The legitimate interest of the state in reducing the risk of physical harm
being used as HQ by the RAM for coup d’etat (2) Surveillance team was fired at outweighs the privacy interest of the student athlete.
by a group if armed men coming out of the building (3) Indications were that
there were large amounts of explosives and ammunitions inside the building (4) Board of education vs Earls: The student activities drug policy was adopted by Tecumseh
nearby courts were closed and gen chaos and disorder prevailed (5) the raiding Oklahoma. The policy required all middle and HS students to consent to urinalysis for drug
team had no opportunity to apply for a search warrant testing to be able to participate in any extra-curricular activity and not just athletics. The
G. Stop and frisk rule court upheld the policy by using the reasoning in Veronia. To the argument that students not
- Limited protective search of outer clothing for weapons engaged in athletics have a greater expectation of privacy the Court ruled that the distinction
- Mere suspicion will not validate a stop and frisk. A genuine reason must exist was not essential. What was essential was the school’s custodial responsibility and
- 2 fold interest in stop and frisk: (1) general interest of effective crime prevention authority, the nature of the intrusion, the confidentiality of test results and the legitimate
and detection which underlies the recognition that a police officer may, under government interest.
appropriate circumstances and in an appropriate manner, approach a person a
person for purposes of investigating possible criminal behavior even w/o SJS vs Dangerous drugs board: Following the ruling on Veronia, the court upheld the
probable cause. (2) the more pressing interest of safety and self-preservation policy as valid on students. As to candidates of national office it was invalid because it
which permit the police officer to take steps to assure himself that the person added to the exclusive qualifications for such offices prescribed by the Constitution. The
whom he deals with is not armed with a deadly weapon that could unexpectedly requirement was reasonable as to all others.
and fatally be used against the police officer.
- Probable cause must be present. IT MUST ONLY BE BASED ON A Arrests w/ warrant
REASONABLE GROUND OF SUSPICION OR BELIEF THAT A CRIME HAS Amarga v Abbas: both search warrants and warrants of arrest must satisfy the same
BEEN COMMITTED OR IS ABOUT TO BE COMMITTED. requirements of probable cause and as to the manner of determination.
- Posadas vs Ca: Police officer observed unusual conduct, leading him to
reasonably conclude that there is criminal activity, and that he believes that the The judge is not bound by the finding of the fiscal of probable cause. No warrant of arrest
person he is dealing with is armed and dangerous, and nothing in the initial shall be issued by any justice in any criminal case filed with him unless he first examines the
encounter dispels his reasonable fear for his own person or others safety, he witness or witnesses personally, and the examination shall be under oath and reduced to
may conduct a search limited to the outer clothing of the person. writing in the form of searching questions and answers.

Suspicionless drug tests A judge cannot base his finding of probable cause solely on the statement of a witness
whom he did not personally examine in writing and under oath and without propounding
Vernonia School: denied participation to student athletes who refused to submit to drug searching questions.
tests. The parents considered the policy as unconstitutional but was denied by the court.
The court acknowledged that compelled urinalysis is a form of search but that its Warrantless arrests
reasonableness must be judged by the balancing the intrusion on the individual’s interests
against the promotion of legitimate government interests. Student athletes have a lesser The right to arrest without warrant was well-established in the common law of England an
privacy expectation than free adults because an element of communal undress is inherent in carried over the PH.
athletic participation and athletes are subject to preseason physical examinations. The
privacy interest involved in the process of obtaining urine samples are negligible since the Arrests w/o warrant when lawful:
coditions of collection are identical w/ those found in public restrooms. Moreover the tests 1. When in the presence of the peace officer the person has committed or is
looked only for standard drugs and not medical conditions and it will be released only to a committing or is attempting to commit an offense
2. When after committing the offense, the officer has personal knowledge of facts arrest. But if a person enters a plea without having challenged the validity of his arrest, he is
indicating the the person to be arrested has committed it deemed to have waived his right.
3. When the person to be arrested is a prisoner who escaped from a penal
establishment whether it is by final judgment or temporary confinement only The defense of good faith by the officer has frequently been accepted with liberality because
For situations 1 & 2, he shall be brought to the nearest police station or jail in accordance w/ it would be exacting too much from the officer if he is required to inform themselves of the
rule 112 section 7 right or wrong of the quarrel before making an arrest. However, regardless of the liability of
the officer, it is still necessary to determine the validity of the arrest because a search made
People vs Burgos: The officer arresting a person who has just committed, is committing, or incidentally to an invalid arrest would itself be invalid and therefore unproductive of
about to commit an offense must have personal knowledge of that fact. It must be committed admissible evidence.
in his presence or within his view. i.e. While patrolling in the car when they received a
message directing them to proceed to an ihaw ihaw and saw the victim and bystanders to be Probable cause for an arrest w/o warrant is such a reasonable ground for suspicion
pointing to the accused while he was fleeing from the scene, the police were deemed to supported by circumstances sufficiently strong in themselves as to warrant a reasonable
have had personal knowledge of the facts indicating that the accused had committed it. But man in believing the accused to be guilty.
a warrantless arrest done after 3 months is deemed to be invalid.
When to challenge the validity of arrest
Flagrante delicto rule: Buy bust operations to enforce the dangerous drugs act. Since the - Any objection in a warrant of must be made before he enters his plea, otherwise
offense happens right before the eyes of the officer, there is no need for a warrant either for the objection is deemed waived. The accused must move for quashing of the
the seizure of the goods or for the apprehension of the offender. info against him.
- An admission of bail in not considered as a waiver of his right to assail the
Entrapment is allowed in certain situations. It is recognized that in every arrest there is a warrant issued for his arrest or the legalities or irregularities thereof.
certain amount of entrapment used. The law tolerates the use of decoys and other artifices Martial law: ASSOs and Presidential commitment orders
to catch a criminal. ASSO ( arrest search and seizure order)
- Issued by the minister of national defense
In warrantless arrests, the law is in favor of authority. So, in cases of sedition, where in an - Authorized the minister to arrest and detain such person until release by the
officer’s view the speech was criminally seditious, it can justify warrantless arrest even if he president.
is proved wrong later on. The criminal character of speech is difficult to determine and must - Due to the martial law and suspension of the privilege of the writ of habeas
await court estimation. corpus, it was considered useless to inquire into the validity of these arrests and
An application of flagrante delicto rules is on continuing crimes. In continuing crimes, the detentions
accused is assumed to be always committing the offense even when asleep. Hence, he may - If the president wants to close off inquiry of the legality of detention, it is not
be arrested any time he may be encountered. enough that the detentions be characterized as preventive, the privilege of the
writ must be suspended as well.
That a crime has been committed is an essential precondition. Learning the recent - Because the suspension of the writ is temporary only, the exclusion of the
commission of a crime based on a report does not equate to personal knowledge. An arrest courts from inquiry into the legality of the detention must also be temporary.
made 19 hours ago cannot be a crime that has in fact been committed. - For determining criminal liability of the person making the arrest, the standard is
the good or bad faith of the official.
A person may waive his right not to be arrested without a valid warrant. But courts indulge in - The suspension of the writ does not legalize the detention
every reasonable presumption against a waiver of fundamental constitutional rights. Thus, - Immunity of the executive from liability is one thing and the legality of keeping a
waiver cannot be inferred from the mere fact of having failed to object to a warrantless person in detention is another. The PCO warrant issued by the President must
comply with the requirements of a valid warrant. Warrantless arrests are valid as basis for policy development, shall be afforded the citizen, subject to such
as long as there is probable cause. limitations as may be provided by law.
- The ultimate test is the presence of probable cause.
SEC 4 - the right to of access to public documents and records is a self executory
SEC5 constitutional right.
- Every citizen has standing to challenge any violation of the right and may seek
Section 6 The liberty of abode and of changing the same within the limits prescribed its reinforcement by mandamus.
by law shall not be impaired except upon lawful order of the court. Neither shall the - Amendment was a reaction to the marcos regime of withholding research data
right to travel be impaired except in the interest of national security, public safety, or from the knowledge of public view whenever the date contradicted the policies
public health, as may be provided by law. that the government wanted to espouse.
- Refers to government funded research only
1. Freedom of movement: liberty of abode and travel - Access to official records may be regulated but not prohibited by statutory law or
- Includes 2 rights: liberty of abode and liberty of travel inherent power of the of an officer to control his office and its records.
- The liberty of abode and changing the same within the limits prescribed by law - The right of access to information on matters of public matters of public concern
shall not be impaired. No one can be compelled to change his home except by is both the purpose and the limit of the right to access public documents.
court order. - Limitations on the right to information
- Liberty of travel- can be impaired even without court order by the executive. 1. National security matters- when there is no need to protect state secrets the
Provided that he can only impose limits on the basis of national security, public privilege to withhold documents and other information may not be invoked
safety or public health as may be provided by law. This is subject to judicial provided that they are examined in strict confidence and given scrupulous
review or to rules of court. Ex. Persons in bail protection.
Marcos vs Manglapus 2. Trade secrets and banking transaction- Intellectual property code
- Involves right to travel only. Since the authority to impair the right to travel must 3. Criminal matters or classified law enforcement- apprehension, detention
be based on law, the president had to be able to point to a law giving her such and prosecution of criminals
authority. They found this in the totality of the executive powers. 4. Other confidential matters- ethical standards act, prevents employees from
- The president has the obligation to protect the people, promote their welfare divulging confidential or classified matters officially known to them by
and advance the national interest. The constitution aside from being an reason of their office.
allocation of power is also a social contract whereby the people have - For accessibility to bank records there must be a pending case, the account
surrendered their sovereign powers for the common good. must be clearly identified, the inspection limited to the subject matter of the
- The right to travel under the constitution involves the right to travel within the pending case before the court of competent jurisdiction. If these conditions are
country, the right to leave the country but not the right to return to the country. not met then the bank cannot be held for contempt.
- Basis is the UDHR w/c has one provision for the right to move within the country - Once material has been classified as public concern the scope of the power to
and out of the country and another for the return to one’s country. regulate access is determined by the manner and hours of examination to the
Aliens and right of entry end that damage to, or loss of, the records may be avoided. That undue
- Aliens cannot claim the right to entry and exit from the country. It is not covered interference with the duties of the custodian of the book and documents and
by judicial review. other employees may be prevented, that the right of other persons entitled to
Sec 7 The right of the people to information on matters of public concern shall be inspection may be insured and the like. The motives, reasons and objects of the
recognized. Access to official records, and to documents, and papers pertaining to person seeking access to the records are immaterial. If it be wrong to publish
official acts, transactions, or decisions as well as to government research data used the records, it is the legislature and not the officials having custody of the info
who will devise a remedy but the legislature. They do not have the authority to
prohibit access, inspection, examination or copying.
- Right of the people must be balanced against other genuine interests necessary
for the proper functioning of the government.

Sec 8 The right of the people, including those employed in the public and private
sectors, to form unions, associations or societies for purposes not contrary to law
shall not be abridged.

1. Right of association
- The degree that an association an association enjoys depends on the position
w/c the association enjoys depends on the position w/c the association’s
objective or activity occupies in the constitutions hierarchy of values.
- Does not include the right to compel others to form an association.
- The right belongs to both employed and unemployed people.
- Employees of SSS and public school teachers have no right to strike. The ban
is statutory and may be lifted by statute.
2. The right of association in labor and subversion.
- Mere membership is punishable
- The right may be abridged when it comes to top level managers and managerial
Sec 9 Private property shall not be taken for public use without just compensation

1. Eminent domain