CONSTITUTION is that body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised.

. 2 STEPS INVOLVED IN THE AMENDMENT OR REVISION 1. PROPOSAL 2. RATIFICATION 3 INHERENT POWERS OF THE STATE: 1. POLICE POWER - Is the power of the state to regulate the use of liberty and property for the promotion of general welfare. - Based on 2 maxims, a. Sic utere tu ut alenum non laedas b. Salus pupuli est suprema lex TEST TO DETERMINE THE VALIDITY OF A POLICE MEASURE: a. Lawful Subject -- The interest of the public generally, as distinguished from those of a particular class, require the exercise of the police power. b. Lawful Means -- The means employed are reasonably necessary for the accomplishment of the purpose and not unduly oppressive upon individuals. 2. POWER OF EMINENT DOMAIN - Is the power of the state to take private property for public use with just compensation. - Is based on 2 theories: a. THE GROTIOS THEORY OF EMINENT DOMAIN - So holds that the state has all the powers to private properties on the grounds that the ownership of the same belongs to the king (state) and only the possession thereof are entrusted to individuals. b. THE HENNICIOUS THEORY OF EMINENT DOMAIN - So holds that the ownership of things belongs to the individuals, -

while its control belongs to the state, hence, it right on the part of the state to take private property for public use. REQUISITES: a. Necessity b. Private property c. Taking KINDS OF TAKING 1. Possessori 2. Regulatory d. Public Use e. Just Compensation price which the buyer is no

POWER OF EXPROPRIATION Art. 3 Section 9. Private property shall not be taken for public use without just compensation. STAGES OF EXPROPRIATION PROCEEDINGS: a. Determination of the validity of the expropriation; b. Determination of just compensation

PLDT Case -- Services can be the subject of expropriation because service is a property. Property of the church can be the subject of expropriation because of the principle that power of eminent domain is superior than the power of the church. EPZA vs DULAY -- The determination of just compensation is a judicial function. The executive department or the legislature may make the initial determination but when a party claims a violation of the guarantee inthe Bill of Rights that the private party may not be taken for public use without just compensation, no statute, decree, or executive order can mandate that its own determination shall prevail over the courts findings. Much less can the courts be precluded from looking into the justness of the decreed compensation. Power of Eminent Domain can only be exercised if the owner allows his property to be expropriated. Amount of just compensation
1

Whichever comes 1st: the taking or the filing of expropriation Must be promptly given. AN EXERCISE OF VALID

REQUISITES FOR EXPROPRIATION a. b. c. d. e.

DOCTRINE OF SEPARATION OF POWERS holds that each of the three branches of the government is allocated of its respective powers and functions to be performed. Purpose of this is to prevent the concentration of powers in group of individuals that might result to the prejudice of the people. EFFECTS OF UNCONSTITUTIONAL LAW ORTHODOX VIEW / STRICT VIEW DOCTRINE states that a law declared unconstitutional is not a law. It confers no rights, no duties, no offices, and no obligation; hence, it is not a law. In fine, as if it was not passed by the Congress. OPERATIVE VIEW DOCTRINE holds that the legal implications and consequences of the law cannot be disregarded despite that it is declared unconstitutional. Hence, vested rights and interest which were prevailing prior to the declaration of constitutionality can still be invoked and enforced. DOCTRINE OF JUDICIAL SUPREMACY so holds that the judicial department has the power to arrest / strike the acts of the executive or legislative department or both when the same are unconstitutional. Ynot vs IAC Lower Courts can decide the constitutionality of a law. -- Lower Courts should circumspect in deciding constitutional question. MIRANDA vs IMPERIAL ---Stare Decisis People vs Pablito Andan Rights under the custodial investigation cannot be enforced against private individuals. People vs Marti Right to privacy cannot be enforced against private individuals. --remedy: in the RPC and not in the CONSTI. Ex. Trespass to dwelling. PRINCIPLE OF ABUSE OF RIGHTS Art 19 of CC

3. POWER OF TAXATION - Power by which the state raises revenue to defray the necessary expenses of the Government. LIMITATIONS: a. Due Process b. Equal Protection Clause c. Principle of the separation of the church and the state d. Exercise of the congress 4 REQUISITES OF A VALID EXERCISE OF JUDICIALREVIEW a. There must be an actual case or controversy b. The question of constitutionality must be raised by the proper party c. The constitutional question must be raised at the earliest opportunity; and d. The decision of the constitutional question must be necessary to the determination of the case itself. DOCTRINE OR TRANCEDENTAL IMPORTANCE Any person can question the validity of the law if the same is of vital and of general interest. ONUS PROBANDI burden of proof DOCTRINE OF CONSTITUTIONAL SUPREMACY holds that all laws must be in harmony with the Constitution. Any statute that would run afoul the Constitution is invalid.

BILL OF RIGHTS -- Not enforceable against the individuals, enforceable against the State and its agents but it does not follow that private individuals could not be held liable for violations of the fundamental rights in the Bill of Rights. Any aggrieved party can file a damage suit under the CC or criminal case under the RPC. DUE PROCESS -- A law which hears before it condemns, which proceeds upon inquiry and renders judgment only after trial. --Requires notice of hearing. Is deprivation under sec1 unconstitutional? No. It protects natural persons, not juridical persons. REQUISITES OF DUE PROCESS: 1. Accused is heard by the court of competent jurisdiction; 2. Accused is proceeded against under the orderly process of law; 3. Accused is given notice and opportunity to be heard; and 4. Judgment rendered was within the authority of a constitutional law. VOID FOR VAGUENESS RULE -- States that the accused is denied of the right to be informed of the charge against him, and to due process as well, where the statute itself is couched in such indefinite language that it is not possible for men of common intelligence to determine therefrom what acts or omissions are punished and, hence shall be avoided. ASPECTS OF DUE PROCESS: 1. SUBSTANTIVE DUE PROCESS -- refers to the intrinsic validity of the law that interferes with the right of the person to his life, liberty or property. 2. PROCEDURAL DUE PROCESS -- refers to process or procedure by which individual rights are enforced. State can also enjoy the right to due process.

Gulman vs Sandiganbayan -- No double jeopardy to the state. Void from the beginning. Appeal not part of due process because it is a statutory right. Preliminary investigation not part of due process because it is a statutory right. EQUAL PROTECTION CLAUSE -- So holds that every person and things belonging to the same class must be treated alike under like circumstances and conditions both as to the privileges conferred and liability imposed.

REQUISITES/CONDITIONS of a VALID CLASS LEGISLATION 1. There must be substantial distinction to make real differences; 2. It must be germane to the purpose of law; 3. It must not apply equally to the existing conditions; 4. It must apply equally to the same persons and things belonging to the same class. RIGHT OF PRIVACY -- So holds that all persons should be secured from unlawful intrusion by the State as to their persons, papers and effect through searches and seizures. Not absolute, when a warrant is issued by the court. Gaanan vs IAC telephone extensions not present in RA4200. ZULUETA vs CA marriage is not a license to violate the privacy of the spouse. It is the marriage that is protected my the state. REQUISITES OF A WARRANT 1. There must be a probable cause; 2. The probable cause is determined personally by the judge; 3. After examinations under oath or affirmation of the complainant and the witnesses he may produce; and 4. Describing the place to be searched and the persons or things to be seized.

 Right of privacy is not extended to private individuals. SCATTER-SHOT WARRANT -- A warrant which is addressed to two or more different offenses, not found in the same statute or law. EXCLUSIONARY RULE - So holds that all evidence seized and confiscated in violation of sec2 and 3[1] of art3 are inadmissible in evidence against the accused in any proceedings. (first branch) - Failure of the person under investigation of the foregoing rights, his/her confession or admission cannot be admitted as evidence against him or her in any proceeding. (second branch) - Direct result of the illegal act. Refers to the illegality of the act. FRUIT OF THE POISONOUS TREE DOCTRINE - So holds that the illegally seized evidence (fruits) cannot be admitted against the accused in any proceedings as the act itself, which is the source (tree) is illegal. Hence, the evidence is also illegal. - Indirect result of the illegal act. Refers to the evidence seized and confiscated. WARRANTLESS SEARCH (PIMWIFE) 1. Plain View Doctrine 2. Incidental to a lawful arrest; 3. Moving Vehicles 4. Waiver of the Right 5. In The Exercise of Police Power of the State 6. For Enforcement of Sanitary Rules and Regulations 7. Enforcement of Tariff and Customs Laws PLAIN VIEW DOCTRINE -- Contemplates that the evidence is open to the eye and hand of the law enforcement officer, and the latter has no intention to search, but it becomes apparent and visible to him. ARREST WITHOUT WARRANT, WHEN LAWFUL

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 had 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; 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. JOHN DOE WARRANT -- is valid provided that there is descripio personae of the accused sought to be arrested. It is issued by the court against unknown accused. SEARCH WARRANT -- Has a lifespan of 10days from its date. A searched conducted beyond the 10day period is illegal and invalid. WARRANT OF ARREST -- Must be executed w/in 10days from receipt of the arresting officer after which the law mandates that the same be returned to the court of origin w/in 10days, whether the accused is arrested. PROBABLE CAUSE

- If the arrest is illegal, it does not follow that the accused will be dismissed / acquitted, only the evidence. ALIAS WARRANT -- Secured by the law enforcers in actual cases once the original warrant is returned to the court of origin unserved. PERSONAL PROPERTY THAT CAN BE THE SUBJECT OF SEIZURE BY A SEARCH WARRANT: 1. Subject of the offense;
4

2. Stolen or embezzled and other proceeds, or fruits of the offense; 3. Used or intended to be used as the means of committing an offense. CITIZENs ARREST 1. There must be overt act. 2. Overt act is made in the presence of arresting officer. In flagrante arrest Hot pursuit arrest People vs Aminudin no probable case People vs Ayson there is 6 REQUISITES OF SEARCH WARRANT 1. There must be a probable cause; 2. The probable cause is determined personally by the judge; 3. After examinations under oath or affirmation of the complainant and the witnesses he may produce; and 4. Describing the place to be searched and the persons or things to be seized 5. Probable cause must refer to 1 specific offense / object. 6. The affidavit of the complainant and witnesses must be attached to the search warrant. Rule 113 Arrest Rule 126 Search Warrant 10 days. Search warrant can be executed continuously. It will not affect the validity of the warrant. IMMEDIATE CONTROL TEST immediate premises within the control of the arresting officers. How will you proceed with the search warrant? Follow the Not Unannounced Principle. Can the search be an extensive search? Yes. If the officers have personal knowledge or probable cause that the thing to be searched is in the possession of the . STOP AND FRISK DOCTRINE --

2 ASPECTS OF THE EXERCISE OF FREEDOM OF EXPRESSION AND OF FREEDOM OF SPEECH: 1. FREEDOM FROM PRIOR RESTRAINT - Is a guarantee that the state should not impose conditions before the freedom of expression is exercise. 2. FREEDOM FROM SUBSEQUENT PUNISHMENT - Is a guarantee that citizens cannot be the subject of subsequent punishment or penalty by the State after the exercise of the freedom of expression. DANGEROUS TENDENCY RULE -- Requires that before can limit the exercise of freedom of expression there must be dangerous tendency of the utterances made as to create an imminent danger of the State. CLEAR AND PRESENT DANGER RULE -- Requires that the State can limit or even curtail the exercise of the freedom of expression if there is a clear and present danger of any substantive evil that the State has the right to protect. BALANCING INTEREST TEST -- Requires the court to balance the rights of individuals and the interest of the State before the freedom of expression will be the subject of limitation. PURPOSE TEST -- So holds that the Freedom of Peaceful Assembly can be curtailed or limited if the purpose of the assembly is illegal or contrary to law. AUSPICES TEST -- So holds that the determination of whether or not the freedom can be limited is dependent upon the participants of the assembly. NON-ESTABLISHMENT CLAUSE - Is a guarantee that the State in the exercise of its powers and authority cannot set up a national religion, or a church; - Cannot compel the citizens to worship one religion over the other;
5

Cannot support one religion as manifestation of preference over other religious organizations.

2. The subject must be private property; 3. The taking must be for public use; 4. And with just compensation. CONTRACT -- Law between the parties. STATE CANNOT PASS A LAW IN THE FF MANNER: 1. Changing the terms and conditions of the contract; 2. Imposing more burden on the part of any of the parties to the contract; 3. Relieving one of the parties his obligations under the contract. FREEDOM OF INFORMATION Balmonte vs Belmonte Except national security, all matters which contemplates with national interest. RIGHT TO ASSOCIATION SSS Union vs CA government employees have the right to create unions not contrary to law. But they do not have the right to strike. PRINCIPLE OF MUTUALITY

FREE RELIGIOUS CLAUSE -- Is a guarantee that the citizens cannot be required to be a member of a religious organization before it can exercise civil and political rights. 2 ASPECTS OF FREEDOM OF EXPRESSION 1. FREEDOM TO BELIEVE - Absolute as the same is mental state of mind. And no person can be punished for his thoughts. 2. FREEDOM TO PUT BELIEF INTO ACTION - Is subject of limitation by the State as the belief is now converted into action. INC vs CA criticisms against religious belief is a freedom of expression. EBRALINAG vs CITY SUPERENTENDENT OF CEBU EBRALINAG vs SEC of EDUCATION -LIBERTY OF ABODE -- is the right of the citizens to establish their residence or their place where they chose to reside. --curtailed by the order of the court. -- can be limited if the accused is on bail. THE STATE CAN IMPAIR AND CURTAIL THE RIGHT TO TRAVEL IN THE FF INSTANCES: 1. In the Interest of national Security 2. Public Safety 3. Public Health RESIDUAL POWER -- Refers to the power not specifically provided for in the Constitution but it is inherent in the Chief Executive for purposes of maintaining peace and order. REQUIREMENTS SO AS THE POWER OF EMINENT DOMAIN CAN BE EXERCISED IN A CAPRICIOUS AND WHIMSICAL MANNER: 1. There must be taking;

PRINCIPLE OF RELATIVITY MIRANDA WARNINGS RIGHTS OF THE ACCUSED 1. BEFORE TRIAL 2. DURING TRIAL 3. AFTER TRIAL SUSPECT / respondent -- A person under custodial investigation. ACCUSED -- Once the suspect is charged in court. RIGHTS OF THE ACUSED UNDER CUSTODIAL INVESTIGATION: 1. The right to remain silent; 2. The right to have a competent and independent counsel; 3. The right against self incrimination; and 4. The right to be informed of those rights mentioned.
6

 A prosecutor cannot assist the accused in custodial investigation. Government employees cannot assist the accused except the PAO. RIGHTS OF THE ACCUSED BEFORE TRIAL: 1. The right to bail; 2. The right to be informed of the nature of the nature and cause of accusation against him; 3. The right to criminal due process BAIL -- Is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court. This maybe in the form of cash bond, property bond, surety bond, or in recognizance (available only in minor offenses). RIGHTS OF THE ACCUSED DURING TRIAL 1. The right to be presumed innocent until the contrary is proved beyond reasonable doubt; 2. The right to be heard by himself and counsel; 3. The right to have a speedy, impartial and public trial; 4. The right to confront the witnesses face to face; 5. The right to compulsory process; 6. The right to trial in absentia. EQUIPONDERANCE OF EVIDENCE RULE -- So holds that when the scale of justice shall stand upon an equipoise and there is nothing in the evidence which will incline it to one side or the other, the court will find for the defendant. RIGHT OF THE ACCUSED TO SPEEDY TRIAL - The right of the accused in criminal case. RIGHT OF THE ACCUSED TO SPEEDY DISPOSITION OF CASES - The right of a party litigant in all cases pending before administrative, judicial and quasi-judicial agencies. SUBPOENA AD TESTIFICANDUM -- Requires a person to testify in court.

SUBPOENA DUCES TECUM -- Requires a witness to bring before the court documents in his possession that are necessary in the defense of the accused. RIGHT TO TRIAL IN ABSENTIA -- So holds that the accused can dispense his appearance in court during the hearing of his case. ELEMENTS of RIGHT TO TRIAL IN ABSENTIA: 1. The accused has been arraigned; 2. He has been duly notified of the scheduled hearing; 3. That his failure to appear is unjustifiable.

RIGHT TO TRIAL IN ABSENTIA DOES NOT APPLY IN THE FF: 1. During arraignment; 2. During identification of the accused; 3. During the promulgation of judgment. (except in minor cases) RIGHTS OF THE ACCUSED AFTER TRIAL: 1. The right to bail; 2. The right against excessive fines; 3. The right against cruel, degrading or inhuman punishment; 4. The imposition of death penalty; 5. The right against the employment of physical, psychological, or degrading punishment; 6. The right against the use of substandard or inadequate penal facilities under subhuman conditions; 7. The right against double jeopardy. DOUBLE JEOPARDY is based on the maxim of non bis in diem [twice not for the same]. This right is a security of the accused against another prosecution of the same act involving the same party and incident after he is acquitted or convicted. ELEMENTS OF DOUBLE JEOPARDY 1. When there is a valid information;

complaint

or

2. The court trying the case is of competent jurisdiction; 3. The accused has entered his plea. 4. That the accused has been convicted, or the case against him dismissed without his express consent. RIGHT AGAINST DOUBLE JEOPARDY NOT APPLICABLE IN THE FF CASES: 1. When the state is deprived of due process; 2. When the trial is just a mock trial; 3. When the requisites of double jeopardy are not attendant. WRIT OF HABEAS CORPUS writ issued by the court directed to a person detaining another, commanding him to produce the body of the prisoner at a designated time and place, with the day and cause of his action or detention, to do, to submit to, and to receive whatever the court or judge awarding the writ shall consider in his behalf. WRIT OF AMPARO it is a remedy available to any person whose right to life, liberty and security is violated or threatened with a violation with an unlawful act or omission of a public official or employee, or of a private individual or entity. 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 employee, or of a private individual or entity engaged in the gathering, collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved party. RIGHTS AGINST INVOLUNTARY SERVITUDE is a guarantee to the citizens that they will not be subject of any compulsion to work for another either with or without compensation against their will and volition.

INVOLUNTARY SERVITUDE DOES NOT APPLY IN THE FF INTANCES: 1. When it is a punishment for a crime were the accused has been convicted; 2. Compulsory rendition of civil and military services as provided in the constitution; 3. Return to Work Order of the Secretary of Labor to workers in the exercise of the Police Power of the State. DOCTRINE OF POSSE COMITATUS so and holds that the state can compel all able bodied individuals of the community to render service for maintenance of peace and order. BILL OF ATTAINDER is a legislative act which inflict punishment without the benefit of trial. EX POST FACTO LAW ARE MANIFESTED IN THE FF INSTANCES: 1. When the law punishes an act which was innocent when done; 2. When the law changed the quantum of evidence necessary for conviction of the accused; 3. When the law increased the penalty of the crime charged; 4. When the law changed the nature of the crime charged.