Consti : Points and Cases in Cruz' Constitutional Law

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usurpation of the majesty or law by the pretenders to illegitimate
 CONSTI II  power.
 Expediency – means of attaining an end, esp. one that is convenient but

Points and Cases in Cruz’ Constitutional Law considered immoral or improper
By: A. Andam  Rectitude – morally correct behavior or thinking
Note! Classification of constitutions:

Provisions in textboxes are from the 1987 Constitution, 1. Written – one whose precepts are embodied in one document or set
unless otherwise provided. of documents.
Phrases preceded by a  are culled from dictionaries. 2. Unwritten – consists of rules which have not been integrated into a
e.g. single, concrete form but are scattered in various sources.
 e.g. is short for exempli gratia; Latin; means for 1. Enacted/Conventional – formally “struck off” at a definite time and
example. place following conscious or deliberate effort taken by a constituent
body of ruler.
 2. Evolved/Cumulative – the result of political evolution, not
Constitutional Law – the study of the maintenance of the proper balance inaugurated at a specific time but changing by accretion rather than
between authority as represented by the 3 inherent powers of the state by any systematic method.
and liberty as guaranteed by the Bill of Rights. 1. Rigid – can be amended only by a formal and usually difficult
process
CH APT ER 2 2. Flexible – can be changed by ordinary legislation.
THE NATURE OF THE CONSTITUTION
 The Philippine Constitution is written, enacted and rigid.
Constitution – (Cooley) that body of rules or maxims in accordance with
which the powers of sovereignty are habitually exercised. Essential Qualities of a Written Constitution:
1. Broad – embody the past, reflect the present and anticipate the
Philippine Constitution – (Justice Malcolm) the written instrument future.
enacted by direct action of the people by which the fundamental 2. Brief – confine itself to basic principles to be implemented with
powers of the government are established, limited and defined, and by legislative details more adjustable to change and easier to amend.
which those powers are distributed among the several departments for 3. Clear/Definite – lest ambiguity in its provision result in confusion and
their safe and useful exercise for the benefit of the body politic. divisiveness among people, and perhaps even physical conflict.
Purpose of the Constitution: Prescribe the permanent framework of a Essential Parts of the Written Constitution:
system of government, to assign to the several departments their 1. Constitution of Liberty – series of prescription setting forth the
respective powers and duties, and establish certain first fixed fundamental civil and political rights of the citizens and imposing
principles on which government is founded. limitations on the powers of the government as a means of securing
the enjoyment of these rights.
Supremacy of the Constitution: The Constitution is the basic and 2. Constitution of Government – series of provisions outlining the
paramount law to which all other laws must conform and to which all organization of the government, enumerating its powers, laying
persons, including the highest officials of the land, must defer. No act down certain rules relative to its administration, and defining the
shall be valid, however noble its intentions, if it conflicts with the electorate.
Constitution. The Constitution must ever remain supreme. All must 3. Constitution of Sovereignty – provisions pointing out the mode or
bow to the mandate of this law. Expediency must not be allowed to procedure in accordance with which formal changes in the
sap its strength, nor greed for power debase its rectitude. Right or fundamental law may be brought about.
wrong, the Constitution must be upheld as long as it has not been
changed by the sovereign people lest its disregard result in the Permanence of the Constitution
Consti 2 ---------------------------------------------------------------------- Analia Consti 2 ---------------------------------------------------------------------- Analia

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“A Constitution must be firm and immovable, like a mountain Revision – revamp or rewriting of the whole instrument (rewriting of the
amidst the strife of storms or a rock in the ocean amidst the raging of Marcos charter to the 1987 Constitution)
the waves.”
PROCEDURE IN THE AMENDMENT OR REVISION
(1) Proposal – made either (1) directly by the Congress, (2) by a
constitutional convention (concon), or (3) by people’s initiative
Interpretation of the Constitution
The constitution must change with the changing times lest it  Where what is intended is a mere amendment or change of particular
impede the progress of the people with antiquated rules grown provisions only, the proposal is better made by direct legislative
ineffective in a modern age. action, with a vote of at least ¾ of all the members of the Congress, to
In case of doubt, the constitution should be considered self- avoid unnecessary expenditure of public funds and time required by
executory rather than non-self-executory; mandatory rather than concon.
directory, and prospective rather than retrospective.  For overhaul of the entire Constitution, it is advisable to entrust the task
Whenever the language used in the constitution is prohibitory, it is to a concon, which will have more time, opportunity and presumably
to be understood as intended to be a positive and unequivocal also the needed expertise to discharge it. A call for concon requires a
negation; and whenever the language contains a grant of power, it is vote of at least ¾ of all the members of the Congress.
intended as a mandate, not a mere direction.
(Occeña vs. Comelec) Whatever the nature of the change contemplated,
Self-executing provision – by itself is directly or indirectly applicable the choice of the method of proposal is discretionary upon the legislature.
without need of statutory implementation. (e.g. Bill of Rights
provisions) A third method of proposal, through people’s initiative, is allowed by:
(Collector of Customs vs. Villaluz) Judges derive directly from Art 17, Sec 2. Amendments to this Constitution may likewise be
Article III, Section 2, of the Constitution the authority to conduct directly proposed by the people through initiative upon a petition of at
preliminary investigations to determine probable cause for the least twelve per centum of the total number of registered voters, of
issuance of a search warrant or warrant of arrest, which power may which every legislative district must be represented by at least three
not be withdrawn or restricted by the legislature. per centum of the registered voters therein. No amendment under this
section shall be authorized within five years following the ratification
Non-self-executing provision – remains dormant unless it is activated of this Constitution nor oftener than once every five years thereafter.
by legislative implementation. The Congress shall provide for the implementation of the
exercise of this right.
e.g. Art 2, Sec 4:
“The prime duty of the Government is to serve and protect the (Santiago vs. Comelec) The above provision is not self-executing thus
people. The Government may call upon the people to defend the State the attempt to use this method in 1997 was struck down for lack of the
and, in the fulfillment thereof, all citizens may be required, under necessary implementing law.
conditions provided by law, to render personal, military or civil
service.”  People’s initiative applies only to amendments, not to a revision of the
Such requirement from the citizens cannot be imposed until and Constitution.
unless the legislature so wills, through the passage of a law specifying
the conditions. Theories on the relative position of concon with the regular depts
of gov’t:
AMENDMENT VS. REVISION 1. Theory of Conventional Sovereignty – as announced in Loomis vs.
“Iron rules” – cannot be altered except by formal amendment (e.g. Age Jackson, this theory holds that the concon is supreme over other
qualifications of certain officers or their term of office) dep’ts of the gov’t because the powers it exercises are in the
nature of sovereign powers.
Amendment – isolated or piecemeal change only (e.g. Change of term of 2. As announced in Wood’s Appeal, concon is considered inferior to
office in the 1935 Constitution from 6 years to 4 years) the other dept’s since it is merely a creation of the legislature.
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3. As announced in Frantz vs. Autry, as long as it exists and

confines itself within the sphere of its jurisdiction, the concon must THE 1987 CONSTITUTION
be considered independent of and co-equal with the other depts. The 4th fundamental law to govern the Philippines since it became
(most widely accepted theory) independent on July 4, 1946.
(2) Ratification
Art 17, Sec 4. Any amendment to, or revision of, this Constitution
under Section 1 hereof shall be valid when ratified by a majority of the CH APT ER 3
votes cast in a plebiscite which shall be held not earlier than sixty THE CONSTITUTION AND THE COURTS
days nor later than ninety days after the approval of such amendment
or revision. VOTING
(Gonzales vs. Comelec) Issue: Validity of the submission of certain

proposed constitutional amendments at a plebiscite scheduled on the same
day as the regular elections. Petitioners argued that this was unlawful as Art 8, Sec 4, (2) All cases involving the constitutionality of a treaty,
there was no proper submission of the proposal to the people who would international or executive agreement, or law, which shall be heard by
be more interested in the issues involved in the election campaign. the Supreme Court en banc, and all other cases which under the Rules
of Court are required to be heard en banc, including those involving
1935 Constitution, Art 15, Sec 1. The Congress in joint session the constitutionality, application, or operation of presidential decrees,
assembled, by a vote of three-fourths of all the Members of the proclamations, orders, instructions, ordinances, and other regulations,
Senate and of the House of Representatives voting separately, may shall be decided with the concurrence of a majority of the Members
propose amendments to this Constitution or call a convention for that who actually took part in the deliberations on the issues in the case
purpose. Such amendments shall be valid as part of this Constitution andAsvoted thereon.
few as 5 members of the Court can declare any of the measures
when approved by a majority of the votes cast at an election at mentioned above unconstitutional, this number being a majority of the
which the amendments are submitted to the people for their quorum of 8 of the 15-member Court.
ratification.
REQUISITES OF JUDICIAL INQUIRY
Held: There is in this provision nothing to indicate that the election Courts are passive instruments that can act only when their
therein referred to is special, not a general election. The circumstance that jurisdiction is invoked. The question raised will not be entertained by them
the previous amendment to the Constitution had been submitted to the if it is political in nature. No constitutional question will be heard and
people for ratification in special elections merely shows that Congress decided by them unless there is compliance with the requisites of a judicial
deemed it best to do so under the circumstances then obtaining. (affirmed inquiry, to wit:
in Occeña vs. Comelec) 1. There must be an actual case or controversy;
2. The question of constitutionality must be raised by the proper
Judicial Review of Amendments party;
The question of the validity of the adoption of amendments to the 3. The constitutional question must be raised at the earliest possible
Constitution is regarded now as subject to judicial review. Courts may opportunity; and
inquire into whether or not the prescribed procedure for amendment has 4. The decision of the constitutional question must be necessary to
been observed. the determination of the case itself.
Judiciary may declare invalid a proposal adopted by less than ¾ of
the members of the Congress, or a call for a concon by less than 2/3 of (1) ACTUAL CASE OR CONTROVERSY:
the legislature, or a ratification made by less than a majority of the votes It involves a conflict of legal rights, an assertion of opposite legal
cast, or a plebiscite irregularly held. claims susceptible of judicial resolution. The case must not be moot or
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academic or based on extra-legal or other similar considerations not (Tileston vs. Ullmann) A physician questioned the constitutionality of a
cognizable by a court of justice. There must be a contrariety of legal rights law prohibiting the use of contraceptives on the ground that it might prove
that can be interpreted and enforced on the basis of existing law and dangerous to the life or health of some of his patients whose physical
jurisprudence. condition would not enable them to bear the rigors of childbirth.
A request for advisory opinion cannot come under the category of Dismissed. Physician is not the proper party.
an actual case or controversy. The court in this case is being asked only to
counsel and not to decide, with such advise not having the force of law but (Cuyegkeng vs. Cruz) Petitioner challenged in a quo warranto proceeding
a mere suggestion. the title of the respondent who, he claimed, had been appointed to the
Where the purpose is to solicit from the court a declaratory Board of Medical Examiners in violation of the provisions of the Medical Act
judgment involving the interpretation of the rights and duties of a person of 1959.
under the provisions of a deed, will, contract, or other written instrument, Dismissed. Cuyegkeng had not made a claim to the position held
or a statute or ordinance, the case is deemed an actual controversy. by Cruz and therefore not regarded as a proper party who has sustained
an injury.
(PACU vs. Sec of Educ) Petitioners challenged a regulation of the
respondent requiring all private colleges and universities to first obtain a (Ex Parte Levitt) Petitioner, an American taxpayer and member of the
permit from DepEd before they could open and operate. However, bar, filed a motion for leave to question the qualifications of Justice Black
petitioners had previously obtained the required permit and that they were who, he alleged, had been appointed to the US Supreme Court in violation
questioning the regulation only because of the possibility that such permit of the US Constitution.
might be denied them in the future. Dismissed. Levitt was not a proper party since he was not claiming
Supreme Court declared that the case was premature as there was the position held by Justice Black.
no showing at the time of any conflict of legal rights that would justify
assumption of jurisdiction by the judiciary. (People vs. Vera) Phil Gov’t was a proper party to challenge the
constitutionality of the Probation Act because, more than any other, it was
(PHILCONSA vs. Villareal) There was a petition to compel the Speaker the Gov’t itself that should be concerned over the validity of its own laws.
of the House to produce the books of accounts of that body for the
amounts appropriated by the legislators for their allowances. Before the (Custodio vs. Senate President) A challenge by an ordinary taxpayer to
case could be decided, 1973 Constitution became effective and Congress the validity of a law granting backpay to members of Congress during the
was abolished. period corresponding to the Japanese occupation was dismissed as having
Supreme Court dismissed the petition for being moot and been commenced not by a proper party.
academic.
(Old Rule) An ordinary taxpayer did not have the proper party personality
 Moot – having no practical significance, typically because the subject is to question the legality of an appropriation law, since his interest in the
too uncertain to allow a decision sum appropriated was not substantial enough.
 Academic – not of practical relevance; of only theoretical interest
(Rule since the first Emergency Powers Case) An ordinary taxpayer is
(Perez vs. Provincial Board) Petitioner’s claim to an appointive office permitted to raise the question of validity of an appropriation law.
was rendered moot and academic when he filed a certificate of candidacy
for an elective office. (Tolentino vs. Comelec) A senator had the proper party personality to
seek the prohibition of a plebiscite for the ratification of a proposed
(Morelos vs. De la Rosa) An election protest will have to be dismissed constitutional amendment.
upon the expiration of the protested official’s term.
(PHILCONSA vs. Gimenez) An organization of taxpayers and citizens
was held to be a proper party to question the constitutionality of a law
(2) PROPER PARTY providing for certain special retirement benefits for members of the
A proper party is one who has sustained or is in immediate danger legislature.
of sustaining an injury as a result of the act complained of.

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(Oposa vs. Factoran) A number of minors, represented by their parents, (4) NECESSITY OF DECIDING CONSTITUTIONAL QUESTION
sued the DENR Sec to “prevent the misappropriation or impairment of Courts will as much as possible avoid the decision of a
Philippine rainforests and arrest the unabated hemorrhage of the country’s constitutional question, and go by the maxim that “to doubt is to sustain.”
vital life-support systems and continued rape of Mother Earth. The theory is that, as the joint act of the legislative and executive
Dismissed on the ground, inter alia, that the plaintiffs were not authorities, a law is supposed to have been carefully studied and
proper parties. Supreme Court reversed it. determined to be constitutional before is was finally enacted.
 Inter Alia – Latin, among other things (Laurel vs. Garcia) The Court will not pass upon a constitutional question
although properly presented by the record if the case can be disposed of
(Macalintal vs. Comelec) a lawyer who questioned the Overseas on some other ground such as the application of s statute or general law.
Absentee Voting Act was accepted as a proper party. Taxpayers have the
right to restrain officials from wasting public funds through the (Zandueta vs. De la Costa) Petitioner, an incumbent judge, had
enforcement of an unconstitutional statute. accepted an ad interim appointment to a new court under a law that had
reorganized the judiciary by abolishing some judgeships and creating
(Lozada vs. Comelec) To compel a call for special elections to fill 12 others. When his appointment was bypassed, he returned to his former
vacancies in the interim Batasang Pambansa, petitioners were not proper court in Manila but found that the respondent had already been appointed
parties as they only had what the Supreme Court called a “generalized thereto. Petitioner filed quo warranto proceedings arguing that he had not
interest” shared with the rest of the people. abandoned his old court in Manila by his acceptance of the new court in
Palawan, as the law creating the latter court was unconstitutional because
(Guazon vs. De Villa) “well-meaning citizens with only second-hand it violated the judicial security of tenure.
knowledge of the events” were not considered proper parties to challenge Altho the constitutional question had been raised squarely, the
the saturation drives or “zonas” being conducted by the military. Court did not find it necessary to resolve it, and based judgment on
another ground available, to wit, the common law principle of estoppel.
(Osmeña vs. Comelec) a presidential candidate who did not show that he Under this rules, a person cannot question the validity of a law under
had been injured as a result of the ban on political commercials on radio which he had previously accepted benefits.
and tv was not locus standi.
EFFECTS OF DECLARATION OF UNCONSTITUTIONALITY
 Art 7, Sec 18 now allows any citizen to challenge the suspension of 1. ORTHODOX VIEW
the privilege of the writ of habeas corpus or the proclamation of martial As announced in Norton vs. Shelby, an unconstitutional act is not
law. a law; it confers no rights; it imposes not duties; it affords no protection;
it creates no office; it is, in legal contemplation, inoperative, as if it had
not been passed. It is therefore stricken from the statute books and
(3) EARLIEST OPPORTUNITY considered never to have existed at all.
The general rule is that constitutional question must be raised at
the earliest opportunity, such that if it is not raised in the pleadings, it 2. MODERN VIEW
cannot be considered at the trial, and, if not considered at the trial, it The court, in passing upon the question of constitutionality does
cannot be considered on appeal. not annul or repeal the statute if it finds it in conflict with the Constitution.
It simply refuses to recognize it and determines the rights of the parties
Exceptions: just as if such statute had no existence. The decision affects the parties
1. In criminal cases, the constitutional question can be raised at any only and there is not judgment against the statute, it does not strike the
time. statute from the statute books; it does not repeal, supersede, revoke, or
2. In civil cases, the constitutional question can be raised at any annul the statute.
stage if it is necessary to the determination of the case itself.
3. In every case, except when there is estoppel, the constitutional (Manila Motors Co. vs. Flores) Plaintiff filed a complaint for the recovery
question can be raised at any stage if it involves the jurisdiction of of installments which fell due in 1941. Defendant pleaded prescription, 13
the court. years having elapsed since due date. Plaintiff argued that the prescriptive
period had been suspended by the Moratorium Law, but defendants
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averred that said law had been declared unconstitutional and no rights 3. Power of Taxation – power to demand from the members of
could be built upon it. SC rejected this contention and, applying society their proportionate share or contribution in the
considerations of equity, relaxed the operation of the rule. maintenance of the government.
 Equity – a branch of law that developed alongside common law in order SIMILARITIES
to remedy some its defects in fairness and justice, formerly 1. They are inherent and may be exercised without need of expressed
administered in special courts. constitutional grant.
2. They are not only necessary but indispensable. The State cannot
PARTIAL UNCONSTITUTIONALITY continue to be effective unless it is able to exercise them.
Courts hesitate to declare a law unconstitutional and, as long as 3. They are methods by which the State interferes with private rights.
they can, will salvage the valid portions thereof in order to give effect to 4. They all presuppose an equivalent compensation for the private
the legislative will. rights interfered with.
5. They are exercised primarily by the legislature.
Requisites:
1. The legislature is willing to retain the valid portions even if the rest DIFFERENCES
of the statute is declared illegal; 1. Police power regulates both liberty and property. Power of eminent
2. The valid portions can stand independently as a separate statute. domain and power of taxation affect only property rights.
2. Police power and power of taxation may be exercised only by the
 The legislative will to this effect may be expressed in the separability gov’t. Power of eminent domain may be exercised by some private
clause. But even without such, it has been held that if the valid portion is entities.
so far independent of the invalid portion, it may be presumed that 3. Property taken in the exercise of police power is destroyed
legislative would have enacted it by itself if it has supposed that it could because it is noxious or intended for a noxious purpose. Property
constitutionally do so. taken under the power of eminent domain and power of taxation is
intended for public use or purpose and is therefore wholesome.
(Bar Flunkers Case) The portion of a law, sustained in so far as it 4. Compensation of the person subjected to police power is the
amended the Rules of Court prospectively, which retroactively reduced the intangible altruistic feeling that he has contributed to the general
passing average in the bar exams was declared unconstitutional for being welfare. Compensation involved in the other powers is more
an encroachment upon judicial functions. concrete, to wit, a full and fair equivalent of the property
expropriated, or protection and public improvements for the taxes
(Macalintal Case) SC sustained the Overseas Absentee Voting Act but paid.
declared unconstitutional that part giving Congress the power to supervise
its implementation by the Comelec as harmful to the independence of the LIMITATIONS
electoral body. The exercise of these fundamental powers is subject at all times to
the limitations and requirements of the Constitution and may in proper
cases be annulled by the courts of justice.
CH APT ER 4
THE FUNDAMENTAL POWERS OF THE STATE
CH APT ER 5
 Inherent and do not need be expressly conferred by the constitutional THE POLICE POWER
provision; co-exist with the State:
1. Police Power – power to regulate liberty and property for the  (Prof. Freund) Police power is the power of promoting the public welfare
promotion of the general welfare; by restraining and regulating the use of liberty and property.
2. Power of Eminent Domain – power to forcibly acquire private
property, upon payment of just compensation, for some intended  Unlike the other 2 powers, which involve only property rights, police
for public use; power regulates not only the property but, more importantly, the liberty of
private persons, and virtually all the people.
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(Lutz vs. Araneta) SC sustained as legitimate exercise of police power

CHARACTERISTICS the imposition of a special tax on sugar producers for the purpose of
 Most pervasive, the least limitable, and the most demanding of the 3 creating a special fund to be used for rehabilitation of the sugar industry.
powers.
 May be exercised as long as the activity or the property sought to be (Small Landowners vs. Secretary of Agrarian Reform) SC held that,
regulated has some relevance to the public welfare. like taxation, the power of eminent domain could be used as an implement
 Reach is virtually limitless. The person’s acts and acquisitions are of the police power. The expressed objective of the Comprehensive
hemmed in by the police power. Agrarian Reform Law was the promotion of the welfare of the farmers,
 May not be bargained away thru the medium of a contract or even a which came clearly under the police power of the state. To achieve this,
treaty. The impairment clause must yield to the police power whenever the the law provided for the expropriation of agricultural lands, subject to
contract deals with a subject affecting public welfare. minimum retention limits for the landowner, to be distributed among the
landless peasantry.
(Stone vs. Mississippi) Several persons acquired for valuable
consideration a franchise which allowed them to sell lottery tickets for a EXERCISE OF THE POLICE POWER
period of 25 years. After 3 years, all forms of gambling were prohibited by  Police power is lodged primarily in the national legislature. By virtue of
the state. Charged with violating this prohibition, they argued it did not valid delegation, it may also be exercised by the President and
apply to them because their franchise partook of the nature of a contract administrative boards as well as the lawmaking bodies on all municipal
the obligation of which could not be impaired without offense to the levels, including the barangay.
Constitution. (Bill of Rights, Sec 10: No law impairing the obligation of
contracts shall be passed.)  No mandamus is available to coerce the exercise of the police power.
Held: The contracts which the Constitution protects are those that Legislature may not be compelled by judicial process to act against a
relate to property rights, not governmental. No legislature can bargain problem. The only remedy against legislative inaction is bar of public
away the public health or the public morals. opinion, a refusal of the electorate to return to the legislature members
who have been remiss in the discharge of their duties.
(Ichong vs. Hernandez) Petitioner sought to enjoin the enforcement of
the Retail Trade Nationalization on the ground, inter alia, that it was  The choice of measure or remedy to a problem by the legislature lies
inconsistent with the treaty of amity between the Phils and China, UN within its exclusive discretion. It is a political question.
charter and the Univ. Declaration of Human Rights. SC saw no conflict.
Even supposing the law infringes upon said treaty, the treaty is always e.g. Prostitution. Remedies: outright prohibition, licensing subject to
subject to qualification or amendment by a subsequent law, and the same appropriate regulation, such as periodic checkups, or the establishment of
may never curtail or restrict the scope of the police power of the state. a red light district. If legislature chooses third option, it may not be
reviewed by the courts on the challenge that it encourages prostitution
 Dynamic, not static, and must move with the moving society it is and is immoral, to boot.
supposed to regulate.
 Police power may sometimes use the taxing power as an implement for  The ascertainment of facts upon which the police power is to be based
the attainment of a legitimate police objective. is likewise a legislative prerogative. Whatever the legislature decides after
an appropriate fact-finding investigation is conclusive on the courts, unless
(Powell vs. Pennsylvania) Legislature ascertained, after a fact-finding such conclusion is not supported by any semblance of proof at all.
investigation, that the margarine industry was operating to the prejudice
of the consumers because its products, besides being processed in an (Jacobson vs. Massachusetts) A person convicted under a law providing
unsanitary manner, were being mistaken for butter. Instead of prohibiting for compulsory vaccination against smallpox offered to prove that the
margarine outright, it merely imposed an exorbitant tax thereon, making it remedy was of dubious efficacy and might even cause other diseases.
unprofitable for the industry to continue without incurring loss. (Similar Rejected by trial court, and sustained by the US SC.
measure may now be taken against massage parlors or sauna baths if
they are found to be fronts for prostitution.) TESTS OF THE POLICE POWER
 If the measures chosen by the legislature are intrinsically invalid, courts
have the right and the obligation to declare them so.
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Tests to determine the validity of a police measure: (Taxicab Operators of Metro Manila vs. Board of Transportation) An
1. (Lawful Subject) The interests of the public generally, as administrative regulation phasing out taxicabs more than 6 years old was
distinguished from those of a particular class, require the exercise held a valid police measure to protect the riding public and promote their
of the police power; and comfort and convenience.
2. (Lawful Means) The means employed are reasonably necessary for
the accomplishment of the purpose and not unduly oppressive (Velasco vs. Villegas) An ordinance prohibiting barbershop operators
upon individuals. from rendering massage services in a separate room was likewise
sustained, to prevent immorality and enable the authorities to properly
(1) Lawful Subject assess license fees.
The subject of the measure must be within the scope of the police
power, that is, that the activity or property sought to be regulated affects (Bautista vs. Junio) Police power was also sustained in prohibiting heavy
the public welfare. Based on the maxim, salus populi est suprema lex. The and extra-heavy vehicles from using public streets on weekends and legal
enjoyment of private rights may be subordinated to the interests of the holidays, the object of the ban being energy conservation.
greater number.
A person may not do with his own life as he pleases, ex: (Tio Case) The creation of the Videogram Regulatory Board was sustained
1. He may not expose himself to disease by refusing vaccination as as a proper exercise of the police power “to answer the need for regulating
he may contaminate his neighbors. the video industry, particularly because of the rampant film piracy, the
2. He may not addict himself to drugs, as this would affect not only flagrant violation of intellectual property rights, and the proliferation of
his health but also the safety and morals of others. pornographic video tapes.”
3. He may not deliberately avoid the use of clothes in public and
thereby offend the sense of decency of the rest of the community. (Lozano vs. Martinez) SC upheld the constitutionality of BP 22 or
4. He may not kill himself, since suicide might have an inductive Bouncing Checks Law. The harmful practice of putting valueless
effect on others similarly inclined. commercial papers in circulation, multiplied a thousandfold, can very well
5. She may not indulge her taste for foreign perfume even if she had pollute the channels of trade and commerce, injure the banking system
the means to do so, as its importation would reduce our foreign and eventually hurt the welfare of society and the public interest. It is not
reserves as well as prejudice the local perfume industry. repugnant to the constitutional inhibition against imprisonment against
6. She may not abort an unwanted child or marry another’s husband imprisonment for debt.
for the police power protects the sanctity of life and the
inviolability of marriage. (DepEd vs. San Diego) Petitioner issued a regulation disqualifying any
7. He may not burn his own house and thus endanger his neighbors. person who has failed the NMAT 3 times from taking it again, and in effect,
8. He may not use his own house as a den of subversives to the from enrolling in a medical school. Annulled by the lower court, it was
detriment of public order. reinstated by the SC as a valid police measure for the protection of the
9. He may not build his house so high as to obstruct light and air patients. It is not enough to simply invoke the right to quality education as
from the next lot or build it low to the impairment of aesthetic a guaranty of the Constitution. One must show that he is entitled to it
values. because of his preparation and promise.
10. Billboards offensive to sight or distracting the attention of
motorists may be prohibited. (Sangggalang vs. Intermediate Appellate Court) SC sustained the act
11. Ceiling or floor prices may be prescribed for privately-owned prime of the mayor of Makati in opening 2 erstwhile private roads in Bel Air on
commodities for the protection of the consuming public against the basis of stipulations in the deeds of donation covering said streets that
hoarders, profiteers and blackmarketeers. they would be available to the general public under certain conditions.
12. Common carriers may be required to install devices and Rationale was “the demands of the common good, in terms of traffic
conveniences for the safety and comfort of passengers. decongestion and public convenience.”
13. Human sacrifices may not be permitted in the exercise of religious
freedom. (Del Rosario vs. Bengzon) SC sustained the Generics Act which requires
14. Libel and slander may not be permitted in the exercise of freedom doctors to prescribe generic drug products rather than specific brand
of expression.
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medicines, some of which may cost more than others because of the 3. A law requiring the attendance of a full-time pharmacist in drug
advertising cost that is added to their price. stores is valid to prevent the wrong dispensing of medicines to the
detriment of the health and life of the customer. If the person
(Telecom and Broadcast Attorneys of the Phils vs. Comelec) The whose presence is required is a lawyer, such would be
principal issue raised was the validity of Sec 92 of BP Blg. 881 requiring unconstitutional as there would be no reasonable relation between
radio and tv stations to give free air time to the respondent to be used as the means and the end.
the Comelec Hour for broadcasting information regarding the candidates in 4. The punishment for rape is life imprisonment and even death if the
the 1998 elections. It was argued that such constituted a taking without offense is considered heinous. There is equivalence between
due process and payment of just compensation, besides violating the offense and punishment, to deter outrage to female chastity,
equal protection clause and the provisions of their franchise. SC held that honor and security. If punishment was castration, even if it
the law was a proper regulation by the State of the use of the airwaves. prevents the repetition of the crime, would be invalid as an
The exercise of the privilege of franchise to use airwaves and frequencies outrage to the integrity of the person’s body as guaranteed by due
may reasonably be burdened with the performance by the grantee of some process.
form of public service.
(Ynot vs. Intermediate Appellate Court) An EO prohibited the
Some private matters which police power cannot be validly asserted: transport of carabaos or carabao meat across provincial boundaries
1. Merchants may be required to keep books of accounts, private without gov’t clearance for the purpose of preventing indiscriminate
individuals may not be compelled to keep diaries. slaughter of these animals. SC did not approve of the method considering
2. The price of staple goods, like rice, is subject to limitation but the that prohibition of the interprovincial transport of carabaos do not prevent
price of a work of art, like a painting, cannot be similarly limited. their indiscriminate slaughter, but SC conceded.
(Ople vs. Torres) Issue was the AO No. 308 issued by Pres Ramos (Gould vs. Gould) A law conditioning the issuance of a marriage license
establishing a National Computerized Identification Reference System for upon the applicants first passing a blood test would be constitutional as its
the purpose of facilitating transactions with the gov’t. Petitioner challenged purpose is to lessen the incidence of social diseases and the means
it as a sinister attempt to control its citizens by intruding into their right to employed are reasonably relevant and not duly oppressive.
privacy. By an 8-6 vote, it was struck down as invalid police measure. The
record-keeping powers of the computer gives the gov’t the power to (People vs. Chan) A law limiting the capacity of common carriers, or of
compile a devastating dossier ( or a collection of documents about a theatres, while it would reduce the profits of the operators, would
person) against unsuspecting citizens. nevertheless be valid as this would be reasonable method for promoting
the comfort, convenience and safety of the customers.
(2) Lawful Means
The end does not justify the means. The lawful objective must be  The means employed for the accomplishment of the police objective
pursued through a lawful method. Lacking such, the police measure shall must pass the test f reasonableness and, specifically, conform to the
be struck down as an arbitrary intrusion into private rights. safeguards embodied in the Bill of Rights for the protection of private
Ex: rights.
1. To contain the spread of leprosy in the interest of public health,
the leper may be confined in a leprosarium where he will not INTEGRITY OF THE POLICE POWER
contaminate others. The restriction of his liberty is reasonably Police power can be an effective instrument for the furtherance of
related to the purpose sought to be accomplished. If legislature the public welfare. Indispensably, the 2 criteria must be strictly complied
were to provide for his execution, such remedy would be illegal with lest their disregard debase police power into an unwarranted intrusion
althou the purpose of the law would be achieved. into individual liberty and property rights, or, worse, a bludgeon ( or a
2. To afford protection to labor, the legislature may validly require thick stick used as a weapon) for oppression.
reasonable working hours or minimum wages. If the hours
required are inordinately short or the daily wages excessively high,
this coddling of the working class may be successfully challenged
as being unduly oppressive to the employers.

10
CH APT ER 6 here an expropriation for which he was entitled to payment for just
EMINENT DOMAIN compensation:
The destruction of the property in question was under the right of
DEFINITION AND SCOPE necessity, of self-preservation. It is a private right vested in every
If private property is needed for public use, first thing for the gov’t individual, and with which the right of the state or state necessity
to do is offer to buy it. has nothing to do.
If the owner is willing and the parties can agree in the price, and
other conditions of the sale, a voluntary transaction can then be NECESSITY OF EXERCISE
concluded. Questions of necessity or wisdom are essentially political when
If the owner is unwilling or, being willing, cannot agree to the decided by the legislature and are usually not subject to judicial review.
conditions of the transactions, by its power of eminent domain, the gov’t, (e.g. Where the lawmaking decides to establish a public
upon payment of just compensation, forcibly acquire the needed property. playground and expropriates private property for the purpose, the owner
(Basis: all property belongs to the gov’t.) cannot argue that the playground is not necessary or that, assuming its
necessity, it is better that the project be laid on some other site. These are
• Also called the power of expropriation, eminent domain is “the highest matters that the national legislature can decide alone in its discretion.)
and most exact idea of property remaining in the gov’t” that may be Where these questions are decided by a delegate only of the
acquired for some public purpose thru a method “in the nature of a national legislature, SC may inquire into whether the authority conferred
compulsory sale to the State.” upon such delegate has been correctly or properly exercised by it. This will
involve looking into whether the expropriation is necessary or wise.
Limitation of eminent domain:
(RP vs. La Orden de PP. Benedictionos de Filipinos) The President
Art 3, Sec 9: Private property shall not be taken for public use ordered the expropriation o a portion of the property of the defendant for
without just compensation. the extension of an existing street. Defendant moved to dismiss on the
grounds, inter alia, that (1) there was no necessity for the proposed
expropriation, and (2) the proposed extension could pass thru a different
The provision should strictly be interpreted against the expropriator and site which would entail less expense and would not necessitate the
liberally in favor of the property owner. expropriation of property devoted to education. Trial court granted the
motion, holding that the expropriation was “not of extreme necessity.” SC
WHO MAY EXERCISE ruled a quo. Condemnation of property is justified only if it is for the public
1. The Congress good and there is genuine necessity therefor of s public character.
2. The President
3. Various local legislative bodies (Manila vs. Chinese Community) Plaintiff sought to expropriate a
4. Certain public corporations, like the Land Authority and the portion of a private cemetery for conversion into an extension of Rizal Ave.
National Housing Authority Defendants claim that expropriation was not necessary. SC said: Whether
5. Quasi-public corporations like the Phil National Railways, PLDT and or not the municipal corporation or entity conferred with the authority is
the Meralco, even Lasureco (Private corps performing public exercising the right in a particular case under the conditions imposed by
functions) the general authority is a question which the courts have the right to
inquire into... Even granting that a necessity exists for the opening of the
DESTRUCTION FROM NECESSITY street in question, the record contains no proof of the need of opening the
Destruction from necessity may be validly undertaken even by same thru the cemetery. Records show that adjoining and adjacent lands
private individuals, which is not allowed in eminent domain. Do not require have been offered free of charge, which will answer every purpose of the
the conversion of the property taken for public use, and there is no need plaintiff.
for the payment of just compensation.
PRIVATE PROPERTY
(American Print Works vs. Lawrence) Mayor of NY was sued for Anything that can come under the dominion of man is subject to
damages by the owner of a building which he had ordered blasted to stop expropriation. Included: real and personal, tangible and intangible
the great fire of 1853. SC rejected the plaintiff’s contention that there was properties.
11
Examples: A franchise, which is a property right, may be expropriated, Taking may include trespass without actual eviction of the owner,
churches and other religious properties may be expropriated material impairment of the value of the property or prevention of the
notwithstanding the principle of separation of Church and State, ordinary uses or which the property was intended.
cemeteries may, when necessary, be taken.
Exception: money and choses in action (US vs. Lynch) Where a farmland is permanently flooded because of the
Expropriation of money would be a futile act because of the construction of a dam nearby, the owner who is prevented from planting
requirement for the payment of just compensation is usually also in on the land is entitled to compensation although he remains in possession
money. of the property.
A chose in action is “a personal right not reduced into possession
but recoverable by a suit at law, a right to receive, demand or recover (US vs. Causby) If gov’t planes fly over private property at such a low
a debt, demand or damages on a cause of action ex contractu or for a tort altitude as to practically touch the tops of the trees thereon, there would
or omission of duty.” It is essentially conjectural both as to its validity and be an intrusion into the superjacent rights of the owner as to entitle him to
its value. payment of just compensation although there is no divesture of title.
 Chose in Action – any claim that can be pleaded in law or equity (Ayala de Roxas vs. Manila) Imposition of an easement over a 3m strip
 Ex Contractu – from or out of a contract of the plaintiff’s property could not be legally done without payment of just
In civil law, rights and causes of action are divided into 2 classes: compensation.
1. ex contractu – from a contract
2. ex delicto – from a delict or tort  Easement – right to cross or otherwise use someone else’s land for a
specified purpose
• Property already devoted to public use is still subject to expropriation,
provided this is done directly by the national legislature or under a specific (People vs. Fajardo) A municipal ordinance prohibiting construction of
grant of authority to the delegate. A mere general authority may not any building that would destroy the view of the plaza from the highway
suffice. In such a case, the court will have authority to inquire into the was considered a taking that could not be allowed without payment of just
necessity of the expropriation and, finding none, refuse to allow it. compensation to the owner affected.
(RP vs. PLDT) Services were considered embraced in the concept of • Not every taking is compensable, as it may be justified under the police
property subject to taking. At issue was the right of the Bureau of Telecom power:
to demand interconnection between Gov’t Tel System and that of PLDT, so (1) A building on the verge of collapse may be ordered demolished in
that the former could make use of the lines and facilities of the latter. SC the interest of public safety, and there will be no just
overruled defendant’s objections. There is no reason why a state may not compensation for the owner even if he has been completely
require a public utility to render services in the general interest, provided deprived of his property.
just compensation is paid. (2) If a street is closed and all the business establishments thereon
suffer considerable loss as a result, owners cannot claim just
(PLDT vs. NTC) PLDT was required to interconnect with a private compensation.
communications company. (3) If a railroad company is allowed to operate along a street,
resulting in the depreciation of the properties thereon because of
• Property subject of expropriation must be by its nature or condition pollution, no just compensation can be claimed.
wholesome, as it is intended to be devoted to a public use, unlike property The losses sustained in these cases are in the nature of damnum
taken under police power, which is sought to be destroyed, as it is harmful absque injuria or damage without injury. The only compensation to the
or intended for a harmful purpose. owners is the altruistic feeling that they have somehow, by their sacrifice,
contributed to the well-being of the people in general.
TAKING This rule is valid as long as prejudice suffered by the owner is
Taking imports a physical dispossession of the owner, as when he shared in common with the rest of the community. If he suffers more than
is ousted from his land or relieved of his watch and is thus deprived of all his portion of the damages, that is, a special injury over and above that
beneficial use and enjoyment of his property. sustained by the rest of the community, he will be entitled to payment of
the corresponding compensation.
12
be destroyed and not to be devoted for public use. There here was taking
(Richards vs. Washington Terminal) An exhaust fan installed in a of private property without just compensation. Instead of building or
tunnel to clear it of smoke after the passage of trains thru it blew most of maintaining a public cemetery, the city passes the burden to private
the smoke directly into the house of the petitioner, which thus sustained cemeteries.
more than the damage incurred by the other houses in the vicinity. There
was a taking under the power of eminent domain and Richards was (Phil Press Institute vs. Comelec) SC declared unconstitutional a
entitled to just compensation. resolution of the respondent directing newspapers to provide free Comelec
space of not less than ½ page for the common use of political parties and
Requisites of taking in eminent domain: candidates. The compulsory donation was a taking of private property
(1) Expropriator must enter a private property. without payment of just compensation. Moreover, respondent had not
(2) Entry must be for more than a momentary period. established the need of the taking, considering that ad space was available
(3) Entry must be under warrant or color of legal authority. for sale.
(4) Property must be devoted to public use or otherwise informally
appropriated or injuriously affected.
(5) Utilization of the property for public use must be in such a way as PUBLIC USE
to oust the owner and deprive him of beneficial enjoyment of the Public use means any use directly available to the general public
property. as a matter of right and not merely of forbearance or accommodation.
Property expropriated becomes res communes and is subject to direct
(Republic vs. Castellvi) Gov’t rented and started occupying a parcel of enjoyment by any and all members of the public indiscriminately.
land in 1947 and when the owner refused to continue extending the lease,
commenced expropriation proceedings in 1959. As the property was (Denieter Land Co. vs. Florida Public Service Co.) There is public use
supposed to be assessed for purposes of just compensation from the time involved even if the expropriated property is not actually acquired by the
of the taking, gov’t argued that it should be deemed taken in 1947 and not gov’t but is merely devoted to public services administered by privately-
in 1959. SC held that requisite numbers (2) and (5) were wanting. owned public utilities like telephone and light companies. Such services are
demandable as a matter of right by any one prepared to pay for them.
(People vs. Fajardo) Mere notice of the intention to expropriate a
particular property does not bind its owner and prevent him from disposing • It does not matter whether the direct use of the expropriated property
of it or otherwise dealing with it. Such notice will not justify immediate by the public be for free or for a fee. The important thing is that any
taking. member of the general public can demand the right to use the converted
property for his direct and personal convenience.
• Mere passage of an ordinance authorizing expropriation will not justify
immediate taking. The expropriator can enter the said property only after • Broad meaning: The property, while not directly available to the public,
expropriation proceedings are actually commenced and the deposit redound to their indirect advantage or benefit. (e.g. Subdivision of
required by law is duly made. expropriated lands into small lots for sale at cost to deserving citizens)
• Owner does not need to file the usual claim for recovery of just • The lots, once transferred, cease to be public property and come under
compensation with the Comm on Audit if the gov’t takes over his property the exclusive ownership of the transferees, that the public cannot demand
and devotes it to public use without benefit of expropriation. their use. Nevertheless, although private individuals are the direct
beneficiaries of this project, the req’t of public use is deemed satisfied
(Amigable vs. Cuenca) Owner may immediately file a complaint with the because of the vicarious advantages enjoyed by the people as a whole.
proper court for payment of his property, as the arbitrary action of the
gov’t shall be deemed a waiver of its immunity from suit.
• The conversion of a slum area into a model housing community would
directly benefit only those who acquire dwellings in the homesite,
(Quezon City vs. Ericta) Petitioner contended that an ordinance requiring
nonetheless, the people as a whole would profit indirectly from the
private cemeteries to reserve 6% of their total areas for the burial of
elimination of many problems engendered in the slums.
paupers was a valid exercise of the police power under the general welfare
clause. SC disagreed. Property taken under the police power is sought to
13
(Murrav vs. La Guardia) Slum clearance is now regarded as a valid • The basic value of the property should be paid in every case. When
object of expropriation under the modern expanded interpretation of public consequential benefits exceed consequential damages, both are
use. disregarded.
(Camarines Sur vs. Court of Appeals) The establishment of a pilot dev’t (Manila vs. Estrada) The basic or market value of the property is the
center would take effect to the direct benefit and advantage of the price that may be agreed upon by parties willing but not compelled to
province, making available to the community invaluable info and tech on enter into a contract of sale.
agri, fishery and the cottage industry. The housing project satisfies the
public purpose req’t of the Constitution. Some factors to be considered in arriving at the fair market value of the
property:
JUST COMPENSATION (1) Cost of acquisition
Just compensation is a full and fair equivalent of the property (2) Current value of like properties
taken from the private owner by the expropriator, is intended to indemnify (3) Its actual or potential uses
( or compensate for the loss) the owner fully for the loss he has (4) In case of lands, their size, shape or location and the tax
sustained. declarations
The measure is not the taker’s gain but the owner’s loss.
Consequential damages consist of injuries directly caused on the residue of
(Manila Railroad Co vs. Velazquez) The word “just” is used to intensify the private property taken by reason of the expropriation.
the meaning of the word compensation, to convey the idea that the
equivalent to be rendered for the property taken shall be real, substantial, Consequential benefits, like consequential damages, must be direct and
full, ample. particular and not merely shared with the rest of the properties in the
area.
• Must be fair not only to the owner but also to the expropriator. Payment
in excess of the full and fair equivalent shall be prejudicial to the public. • Where the expropriator takes only part of a parcel of land, leaving the
remainder with an odd shape or area as to be virtually unusable, the
(Knecht vs. Court of Appeals) The term “owner” as applied in eminent owner can claim consequential damages.
domain cases refers to all those who have lawful interest in the property to
be condemned, including a mortgagee, a lessee and a vendee in
possession under an executory contract.
• Where the remainder is, as a result of the expropriation, placed in a
better location, such as fronting a street where it used to be an interior lot,
the owner will enjoy consequential benefits which should be deducted from
• To ascertain just compensation, the court should determine first the the consequential damages.
actual or basic value of the property.
(National Housing Authority vs. Reyes) Several decrees promulgated
• Where the entire property is not expropriated: by Pres Marcos, providing that the just compensation for property ender
expropriation should either be sworn valuation made by the owner or the
RC Rule 67, Sec 6. xxx The commissioners shall assess the official assessment thereof, whichever was lower, were applied as its
consequential damages to the property not taken and deduct from constitutionality had not been challenged.
such consequential damages the consequential benefits to be derived
by the owner from the public use or purpose of the property taken, (Export Processing Zone Authority vs. Dulay) Pres Marcos’ decrees on
the operation of its franchise by the corporation or the carrying on of just compensation were invalidated and the Reyes case was reversed. The
the business of the corporation or person taking the property. But in method of ascertaining just compensation in those decrees constitute
no case shall the consequential benefits assessed exceed the impermissible encroachment on judicial prerogatives.
consequential damages assessed, or the owner be deprived of the
actual value of his property so taken. (CARP Cases) Court allowed payments made not in the traditional
medium which is in money. Considering the vast areas of land subject to
expropriation, hundreds of billions of pesos will be needed, such amount

14
not even fully available in cash. Invalidation of the said section of the CH APT ER 7
CARP Law dealing with the manner of compensation will result in the TAXATION
nullification of the entire program, killing the farmer’s hopes.
Taxes – reinforced proportional contributions from persons and property,
• The property taken should be assessed as of the time of the taking, levied by the State by virtue of its sovereignty, for the support of
which usually coincides with the commencement of the expropriation government and for all public needs.
proceedings. Where entry precedes the filing of the complaint for
expropriation, the assessment should be made as if the time of entry. Taxation – method by which taxes are exacted.
(Republic vs. Castellvi) The property was enhanced considerably Importance of taxation: derives from the unavoidable obligation of the
because of the improvements introduced by the gov’t during the period it gov’t to protect the people and extend them benefits in the form of public
was in possession thereof under the contract of lease. Gov’t argued that it projects and services.
should be assessed as of the time of the commencement of the lease in
1947. SC held that the property was deemed taken only when In exchange, the people are subjected to the reciprocal duty of sharing the
expropriation proceedings were commenced in 1959, and it was as of that expenses.
year that the just compensation was ascertained.
• The obligation to pay taxes is not based on contract. Taxes are not
(Commissioner on Public Highways vs. Burgos) Just compensation debts. Non-payment of a tax may be the subject of criminal prosecution
was determined in 1973 as of the time of the taking of the expropriated and punishment, exception, poll taxes:
property in 1924. SC did not apply Art 1250 of the Civil Code because in
eminent domain cases, “the obligation to pay arises from law, independent Art 3, Sec 20. No person shall be imprisoned for debt or non-
of contract.” payment of a poll tax.
CC Art 1250. In case an extraordinary inflation or deflation of the  Poll Tax - tax levied on every adult, without reference to their income or
currency stipulated should supervene, the value of the currency at resources
the time of the establishment of the obligation shall be the basis of
payment, unless there is an agreement to the contrary. Taxes vs. Licenses
The former are levied to raise revenues; the latter are imposed for
regulatory purposes only.
(Urtula vs. Republic) The owner is entitled to payment of interest from Licenses are justified under the police power, and the amount of
the time of the taking until just compensation is actually paid to him. the fees required is usually limited only to the cost or regulation,
Interests must be claimed, else, are deemed waived. exception, where the business licensed is non-useful and is sought to be
discouraged by the legislature, a high license fee is imposed.
(Manila vs. Roxas) Taxes paid by the owner from the time of the taking
until the transfer of title, during which he did not enjoy any beneficial use SCOPE
of the property, are reimbursable by the expropriator. All income earned in the taxing State, whether by citizens or
aliens, and all immovable and tangible personal properties found in its
(Visayan Refining Co. vs. Camus) Title to property shall not be territory, as well as tangible personal property owned by persons domiciled
transferred until after actual payment of just compensation is made to the therein, are subject to its taxing power.
owner. Shares of stock issued by a foreign corporation, but “in action” in
the local State may be taxed by it, as too are the proceeds from an
insurance policy issued abroad.
(The power to tax includes the power to destroy. – Justice
Marshall) Valid if used as an implement of the police power in discouraging
and in effect ultimately prohibiting certain enterprises harmful to public
welfare.

15
e.g. If massage parlors are found to be mere fronts of prostitution,

they may be subjected to onerous ( or involving heavy obligations)
taxes as to practically force them to stop operating. Art 6, Sec 28. (1) The rule of taxation shall be uniform and
(The power to tax does not include the power to destroy as long as equitable. The Congress shall evolve a progressive system of
this Court sits. – Justice Holmes) Where the power to tax is used solely for taxation.
the purpose of raising revenues, it cannot be allowed to confiscate or
destroy. (2) The Congress may, by law, authorize the President to fix within
specified limits, and subject to such limitations and restrictions as it
 Justice John Marshall: the 4th chief justice of the US. He served from may impose, tariff rates, import and export quotas, tonnage and
1801 until his death 34 years later, longer than any other chief justice. wharfage dues, and other duties or imposts within the framework of
Marshall is known as the "Great Chief Justice" because of his the national development program of the Government.
tremendous impact on the U.S. judicial system.
(3) Charitable institutions, churches and personages or convents
appurtenant thereto, mosques, non-profit cemeteries, and all lands,
EXERCISE buildings, and improvements, actually, directly, and exclusively used
The power of taxation is primarily vested in the national for religious, charitable, or educational purposes shall be exempt
legislature, but may also be exercised by the local legislative bodies, no from taxation.
longer by virtue of a valid delegation but pursuant to a direct authority
from: (4) No law granting any tax exemption shall be passed without the
concurrence of a majority of all the Members of the Congress.
Art 10, Sec 5. Each local government unit shall have the power to
create its own sources of revenues and to levy taxes, fees and DUE PROCESS AND TAXATION
charges subject to such guidelines and limitations as the Congress Some actions that are not allowed for lack of due process:
may provide, consistent with the basic policy of local autonomy. 1. Confiscatory taxes, except when they are intended precisely for
destruction as an instrument of police power;
The amount of tax and other questions, as whether or not to tax in 2. A tax claiming 80% of a person’s net income, as it if deprivation of
the first place, or whom or what to tax, or for what purpose, are likewise property w/o due process;
subject to the discretion of the legislature. Such discretion is limited, as its 3. A property tax retroacting to as long as 50 years is tyrannical and
exercise may be reversed in proper cases, such as when it violates the due unrealistic, as the property might not yet have been then in the
process and equal protection clauses or the restrictions on taxation as possession of the taxpayer, etc
prescribed in Art 6, Sec 28. 4. “Tax on knowledge” such as one imposed on any periodical that
exceeds a maximum number of copies, as it is impairment of
liberty in violation of due process and freedom of expression.
 Due process does not require previous notice and hearing before a law
prescribing fixed or specific taxes may be enacted.
Exception: where the tax to be collected is to be based on the
value of the taxable property, the taxpayer is entitled to be notified of the
assessment proceedings and to be heard therein on the correct valuation
to be given the property. Otherwise, ad valorem tax may be increased to
the prejudice of the owner in the ex parte appraisal to be made by the
gov’t.
 Ad Valorem Tax – A tax imposed on the value of the property. (e.g. a

motor vehicle tax may be imposed upon the value of a car and is
therefore deductible as a tax)

16
 Ex Parte – done for, in behalf of, or on the application of, one party
only. • Despite lack of prohibition, double taxation will not be allowed if it
results to a violation of the equal protection clause. (e.g. if certain
EQUAL PROTECTION AND TAXATION properties are subjected to an add’l tax while others similarly situated are
not, the owners of the former would have the right to complain.)
Art 6, Sec 28. (1) The rule of taxation shall be uniform and
equitable. (Punzalan vs. Municipal Board of Manila) Supra. Petitioners contended
that they were being discriminated against. SC disagreed, held that there
Uniformity in taxation means that persons or things belonging to was a substantial distinction between them and the other professionals as
the same class shall be taxed at the same rate. (e.g. local cigarettes are practitioners in Manila could expect a more profitable income than those in
taxed at P12/carton, regardless of value.) other parts of the country.
Equality in taxation means the tax shall be strictly proportional to
the relative value of the property. (e.g. Even if 2 residential lots of equal  Supra – Latin; refers to something mentioned above or earlier
are taxed at the same rate, the resultant taxes would not be same if one
of the lots is in an exclusive neighborhood and the other lot costs less PUBLIC USE
because it is in a cheaper locality.) To sustain a tax, it is necessary to show that the proceeds are
Equitable taxation connotes that taxes should be apportioned devoted to a public purpose.
among the people according to their capacity to pay. Public purpose or use is given the broadest interpretation as to
include even indirect public advantage or benefit.
Some variations in taxes:
- Higher taxes may be imposed on commercial or industrial lands than
on residential,
• Pensions paid to war veterans are sustainable as they will encourage
emulation of their services by others assured that their own patriotism will
- or on practitioners in urban centers than in rural areas
be acknowledged and rewarded by a grateful gov’t.
- or on luxury items than on prime commodities
- or on non-useful enterprises than on useful enterprises
- or on persons with high income than on those with low income. • Unemployment relief, support for the handicapped, and care of the
aged, are also allowed as these matters, if left unattended by the gov’t,
are likely to create social problems.
• Taxes cannot be based on differences in color of one’s skin or ethnic
origin, etc, as these are not regarded as substantial distinctions.
• Scholarships for poor but deserving students, prizes and other
DOUBLE TAXATION incentives for gifted citizens, and subsidies for educational programs are
There is no provision in the Constitution specifically prohibiting justified under the constitutional mandate for the promotion of the welfare
double taxation. and capabilities of the youth and the dev’t of culture.
Double taxation – happens when additional taxes are laid on the same • Use of tax revenues for support of particular industries vital to the nat’l
subject by the same taxing jurisdiction during the same taxing period and economy, the clearance of slums for the construction of homesites for
for the same purpose. (e.g. A person’s properties are each taxed deserving citizens, and the payment of retirement or death gratuities ( or
separately and thereafter all of them are again taxed, this time money given in return to service) to civil servants or their heirs are
collectively, by the same taxing jurisdiction for the same purpose and considered valid public purposes.
during the same taxing period.)
(Punzalan vs. Municipal Board of Manila) Defendant levied an add’l tax

of P25 on professionals practicing in Manila who were already paying the
P50 occupation tax required under the Revised Internal Revenue Code.
Petitioners challenged the second tax as double taxation and asked for
annulment. SC denied it, as the two taxes imposed had been by different
jurisdictions, one by the nat’l gov’t and the other by the city gov’t.
17
TAX EXEMPTIONS thereof is protected against impairment. (Bill of Rights, Sec 10: No law
Tax exemptions are either constitutional or statutory. impairing the obligation of contracts shall be passed.)
Constitutional:
(Casanova vs. Hord) The Spanish Gov’t, in exchange for certain
Art 6, Sec 28(3) Charitable institutions, churches and personages or obligations assumed by the plaintiff, deeded to him certain mines in
convents appurtenant thereto, mosques, non-profit cemeteries, and all accordance with the Royal Decree of 1987, which, inter alia, imposed a
lands, buildings, and improvements, actually, directly, and exclusively number of taxes than “these herein mentioned.” When pursuant to
used for religious, charitable, or educational purposes shall be exempt subsequent law, BIR later sought to collect additional taxes from these
from taxation. mines, SC declared such deed to constitute a contract between the
• Exemption is granted to religious and charitable institutions as they give Spanish Gov’t and the plaintiff
considerable assistance to the State in the improvement of the morality of CH APT ER 8
the people and the care of the indigent and the handicapped. (These are DUE PROCESS OF LAW
ministrant functions of the State.)
ORIGIN OF DUE PROCESS
Magna Carta (King John of England’s charter of liberty and political rights),
• In the 1935 Constitution, it was enough that lands, buildings or
1215:
improvements were at least incidentally devoted to abovementioned
“No man shall be taken or imprisoned or disseized or outlawed, or
purposes, and not “directly, actually and exclusively devoted” as required
in any manner destroyed; nor shall we go upon him, nor send upon him,
in the 1987 Constitution.
but by the lawful judgment of his peers or by the law of the land.”
(Lladoc vs. BIR Commissioner) A parish priest accepted a donation of
King Edward III’s Statute 28, 1355:
P10T to be used for the construction of a church, and was spent for such.
“No man, of what state or condition whoever he be shall be put out
Later, BIR imposed a donee’s tax on his successor, who objected, invoking
of his lands, or tenements, nor taken, nor imprisoned, nor indicted, nor
the above provision. SC rejected such contention as the tax in this case
put to death, without he be brought in to answer by due process of
was not an ad valorem tax on the church itself but an excise tax imposed
law.”
on the priest for his exercise of the privilege to accept the donation.
EVOLUTION OF DUE PROCESS
 Excise Tax – imposed on the performance of an act, the engaging in an
Daniel Webster (Dartmouth College Case): The law of the land
occupation, or the enjoyment of a privilege (e.g. tax laid on
meant “the general law, a law which hears before it condemns, which
manufacture, sale, or consumption of commodities)
proceeds upon inquiry and renders judgment only after trial.”
Parliament had unlimited legal power; its acts could not be
• Statutory exemptions are granted in the discretion of the legislature. abrogated by the King or annulled by the courts, and the law of the land
Limitation: as enacted by it was a limitation only on the monarch and his magistrates.
Art 6, Sec 28(4) No law granting any tax exemption shall be passed As long as legislature willed it, it was the law of the land and therefore had
without the concurrence of a majority of all the Members of the to be obeyed.
Congress. Due process guaranty was exported to the US. A new form of gov’t
was established providing for 3 separate and equal branches.
Justice Marshall asserted for the judiciary the power to see if
Reason: Tax exemptions are loss of revenue to the gov’t. executive was enforcing the law properly and whether or not the law as
enacted by Congress was valid. Due process became a limitation on the
• Tax exemptions granted gratuitously, e.g. in pursuance of an economic legislature itself.
policy, may be validly revoked at will, with or without cause. (e.g. A tax Our Bill of Rights was patterned after the American Constitution.
exemption to new and necessary industries for a period of 10 yrs may be
revoked even before the end of the prescribed period.)  Daniel Webster: was the best-known American orator, and one of the
ablest lawyers and statesmen of his time. He gained his greatest fame
• Tax exemptions granted for valuable consideration is deemed to partake as the champion of a strong national government.
of ( be characterized by) the nature of a contract and the obligation
18
MEANING OF DUE PROCESS

Some valid deprivations:
Due Process Clause: 1. A person’s life may be claimed by law, as when he is required to
(Art 3, Sec 1) No person shall be deprived of life, liberty or property render military service or when it is declared forfeit for commission
without due process of law. of a heinous crime.
2. A person afflicted with a communicable disease may be confined or
A precise meaning of due process was rejected by Delegate Jose P. quarantined in his own home, or may be imprisoned as a
Laurel, chairman of the committee on the Bill of Rights, 1934 Concon, as it punishment for an offense.
might prove constricting and prevent the judiciary from adjusting it to the 3. Private property may be taken where it is offensive to the public
circumstances of particular cases and to the ever-changing conditions of welfare, like a building on the verge of collapse, which may be
society. This was accepted by the body. demolished under the police power in interest of public safety.
(Twinning vs. New Jersey) The meaning of the phrase is “gradually Some invalid deprivations:
ascertained by the process of inclusion and exclusion in the course of the 1. A person sentenced to death for conviction of a petty offense as
decisions of cases as they arise.” the disparity between crime and punishment would make the law
unreasonable;
(Justice Fernando) Due process is “responsiveness to the supremacy of 2. Execution of persons mentally or physically handicapped even if
reason, obedience to the dictates of justice.” the purpose be to improve or preserve beauty and vitality of the
race;
(Justice Frankfurter) Due process is nothing more or nothing less than 3. Imprisonment without trial;
“the embodiment of the sporting idea of fair play.”
LIFE
• Due process is a guaranty against arbitrariness on the part of the gov’t. It is not permissible for the gov’t to deprive an individual of any
 Arbitrary – based on personal whim than on reason part of his body, and this is true even if it be as punishment for crime.
Any measure that would even only endanger his health or subject
PERSON him to unnecessary pain or to unreasonable physical exertion, would be
The due process clause protects all persons, natural or artificial. subject to challenge.
Natural persons include both the citizen and the alien.
Artificial persons like corporations and partnerships are also (Buck vs. Bell) US SC sustained a law requiring the sterilization of
covered by the protection but only insofar as their property is concerned. incurable hereditary imbeciles, as the operation only involved “a minimum
Reason for limitation: the life and liberty of the artificial person, as a of pain, or none at all” and did not endanger the imbecile’s life or health.
creature of law, are derived from and therefore subject to the control of • Life, according to our SC, should be more than mere animal existence.
the legislature. It should embrace the enjoyment of all God-given faculties that can make
his life worth living. Included in the guaranty therefor would be his right:
(Villegas vs. Hiu Chong) SC annulled a city ordinance requiring aliens to - to give full rein to all his natural attributes
obtain a work permit from the mayor as pre-condition for employment, - to expand the horizons of his mind
holding that “while it is true that the Phils as a State is not obliged to - to widen the reach of his capabilities
admit aliens within its territory, once an alien is admitted, he cannot be - enhance those moral and spiritual values that can make his life
deprived of life without due process of law. This guarantee includes the more meaningful and rewarding
means of livelihood.” e.g. right of reproduction and the resultant savoring of the joys of
parenthood are part of the life vouchsafed under dues process.
DEPRIVATION
Deprivation per se is not necessarily unconstitutional as what is LIBERTY
prohibited is deprivation of life, liberty or property without due process of (Mabini) Liberty is the freedom to do right and never wrong.
law. Liberty, as guaranteed under the due process clause, is not
unbridled license; it is liberty regulated by law.
 Per Se – Latin; by itself or in itself
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A person is free to act but he may exercise his rights only in such • Mere privileges, e.g., license to operate a cockpit or a liquor store are
a manner as not to injure the rights of others. not property rights and are revocable at will.
One’s own liberty must be enjoyed consistently with the
enjoyment of a like liberty by others.
• One does not have a vested property right in the continued operation of
a law, which may be repealed or amended at will by the legislature.
The individual, as a creature of society, should be prepared to
surrender part of his freedom for the benefit of the greater number in • One does not have vested property right in the maintenance of a judicial
recognition of the time-honored principle of salus populi est suprema lex. doctrine, which may be modified or reversed in the discretion of the SC.
e.g.:
One’s freedom of expression cannot be used to unfairly destroy SUBSTANTIVE DUE PROCESS
another’s reputation, or incite rebellion, or offend public morals; Substantive due process requires the intrinsic validity of the law in
He may not abuse the sanctity of his home by converting it into interfering with the rights of the person to his life, liberty or property. The
a den of criminality or a hotbed of disease; inquiry is not W/N the law is enforced in accordance with the prescribed
He may not insist on selling his goods at black market prices, if manner but W/N, to begin with, it is a proper exercise of legislative power.
they be prime necessities, to the detriment of the consuming
public.  Intrinsic – internal
 Validity – legal sufficiency, in contradistinction to mere regularity
 Black Market – illegal traffic or trade in officially controlled or scarce
commodities To be a proper exercise of legislative power:
 Hotbed – an environment promoting the growth of something 1. The law must have a valid govt’l objective, i.e., the interests of the
public generally as distinguished from those of a particular class
(Justice Laurel) The chief elements of the guaranty are the right to labor, require the intervention of the State, and
the right to contract, the right to choose one’s employment, and the right 2. Such objective must be pursued in a lawful manner, or that the
of locomotion. means employed must be reasonably related to the
accomplishment of the purpose and not unduly oppressive.
PROPERTY
Property is anything that can come under the right of ownership (Nebbia vs. New York) US SC held that a law prohibiting the sale of milk
and be the subject of contract – real, personal, tangible or intangible. for less than the specified minimum or floor price was not violative of
substantive due process. The cutthroat competition then going on between
 Real Property – or real estate or realty; Land, and generally whatever is the small and big companies, if left unchecked, would result in the
erected or growing upon or affixed to land, including rights issuing out deterioration of the quality of the milk, owing to the need to reduce their
of, annexed to, and exercisable within or about land. overhead, to the detriment of public health.
 Personal Property – or personalty; Anything that is subject to
ownership, not coming under denomination of real estate. (Chicago, Milwaukee & St. Paul Railway vs. Minnesota) A law was
 Tangible Property – all property which is touchable and has physical annulled as violative of substantive due process where it was shown that
existence, whether real or personal the rates prescribed by it for railroad companies, while allowing them
 Intangible Property – property which cannot be touched because it has some profit, did not permit them a reasonable return in investment.
no physical existence such as claims, interests, and rights.
(Kwong Sing vs. Manila) A municipal ordinance requiring all laundry
establishments to issue their receipts in English or Spanish was challenged
• There can be no vested right to a public office, as this is not regarded as
by the petitioner on the ground that it was oppressive, claiming he’d have
property. If created by statute, it may be abolished by the legislature at
to employ more help to comply with the requirement, an added expense,
anytime, even if the term of the incumbent therein has not yet expired.
as he did not know any of the prescribed languages. SC sustained the
• Salary attached to public office may be reduced or even completely measure, as it was intended to protect the public from deceptions and
withdrawn without due process. Exception: Where the salary has already misunderstandings that might arise from accepting receipts in Chinese.
been earned as said salary has already accrued as a property right.
 Accrued - accumulated (Yu Cong Eng vs. Trinidad) US SC, reviewing our SC, sustained the
invalidation of a law providing that “it shall be unlawful for any person,

20
company or partnership or corporation engaged in commerce, industry or (Ynot vs. Intermediate Appellate Court) Supra. The closed mind has
any other activity for the purpose of profit in the Phils, in accordance with no place in open society. It is part of the sporting idea of fair play to hear
existing law, to keep its account books in any language other than English, “the other side” before opinion is formed or a decision is made by those
Spanish or any local dialect.” Such law is oppressive to the preservation of who sit in judgment.
the property and would curtail the liberty of action of Chinese merchants
who only know Chinese and keep their books in such. (Javier vs. Comelec) The judge must be impartial and must also appear
to be impartial as an added assurance to the parties that his decision will
Difference between Kwong Sing and Yu Cong Eng: be just. There cannot be equal justice where a suitor approaches a court
In the former, the ordinance merely required the use of certain already committed to the other party and with a judgment already made
languages without prohibiting the use of others; in the latter, the law and waiting only to be formalized after the litigants shall have undergone
prohibited the use of any language other than those prescribed. the charade of a formal hearing.
(Ichong vs. Hernandez) Petitioners sought the annulment of the Retail (Tumey vs. Ohio) A law provided that in case of conviction, the judge
Trade Nationalization Law on the ground among others that it denied due could deduct from the fine imposed by him the sum of $12 as addition to
process for depriving them of a legitimate means of livelihood. SC held the his salary, another portion pf the fine going to the treasury of the village,
law to be valid exercise of the police power. The retail trade was at that of which he was also the mayor. It was held that there could hardly be
time controlled by aliens. The law was deemed absolutely necessary to impartiality when he was stood to benefit, personally and officially, with
bring about desired legislative objective, that is, to free the national every judgment of conviction rendered.
economy from alien control. The law allowed a 10-year period of grace for
aliens to wind up their affairs in retail business and transfer to other Disqualification of Judicial Officers:
businesses.
RC Rule 137, Sec. 1. Disqualification of judges. - No judge or
PROCEDURAL DUE PROCESS judicial officer shall sit in any case in which he, or his wife or child, is
(Daniel Webster) The justice that procedural due process is one pecuniarily interested as heir, legatee, creditor or otherwise, or in
“which hears before it condemns, which proceeds upon inquiry and renders which he is related to either party within the sixth degree of
judgment only after trial.” consanguinity or affinity, or to counsel within the fourth degree,
computed according to the rules of the civil law, or in which he has
(Vinta Maritime Co., Inc. vs. NLRC) The twin requirements of notice been executor, administrator, guardian, trustee or counsel, or in
and hearing constitute the essential elements of due process and neither which he has presided in any inferior court when his ruling or
of these elements can be eliminated without running afoul of the decision is the subject of review, without the written consent of all
constitutional guaranty. parties in interest, signed by them and entered upon the record.
(1) JUDICIAL DUE PROCESS A judge may, in the exercise of his sound discretion, disqualify
Requirements of procedural due process (in judicial proceedings): himself from sitting in a case, for just or valid reasons other than
1. There must be an impartial court or tribunal clothed with those mentioned above.
judicial power to hear and determine the matter before it.
2. Jurisdiction must be lawfully acquired over the person of the (Azul vs. Castro) SC required the trial judge to admit the answer of the
defendant and over the property which is the subject matter petitioner who had been declared in default under very questionable
of the proceeding. circumstances and ordered an investigation of the claim that the
3. The defendant must be given an opportunity to be heard. proceedings were being orchestrated by an “unseen hand.”
4. Judgment must be rendered upon lawful hearing.
(Paderanga vs. Azura) The judge was held to be inhibited from hearing
A. Impartial and Competent Court the cases involving the petitioners in view of the pronounced hostility
between him and the petitioners.
(Gutierrez vs. Santos) Every litigant is entitled to the cold neutrality of • By competent court is meant one vested with jurisdiction over a case as
an impartial judge. conferred upon it by law.
e.g.
21
- RTC is competent to try a prosecution for murder but not for (DBP vs. Bautista) A person’s certificate of title to a piece of land was
violation of a municipal ordinance. annulled although she was not made a party to the proceeding. SC
- Only the SC is competent to review a decision of the Commission on declared that the decision could not in any way bind her because she was
Audit. denied the right to be heard.
- Jurisdiction over ordinary appealed cases involving only questions of
fact is vested in the Court of Appeals. (Lorenza vs. Cayetano) Respondent questioned the validity of writs of
demolition enforced against her. SC held that the writs could not be
B. JURISDICTION enforced against her since she was not afforded her day in court in the
ejectment cases, having appeared to protect her property from demolition
(Banco Español vs. Palanca) In actions in personam, such as a only after the judgment in the ejectment cases had become final and
complaint for recovery of a loan, jurisdiction over the defendant is executory.
acquired by the court by his voluntary appearance or thru service of
summons upon him. This may be effected personally, or by substituted (Caoile vs. Vivo) The law does not require another notice and hearing for
service, or, in exceptional cases, by publication. a review of the decision of the board of special inquiry on the basis of
evidence previously presented.
 In Personam – Latin; affecting a specific person only
 In Rem – Latin; affecting a thing and therefore other people generally (Lobete vs. Sundian) The right to appeal was held not unlawfully
withheld where it was lost as a result of the appellant’s neglect.
• In actions in rem or quasi in rem, such as land registration proceedings
or the foreclosure of a real estate mortgage, the jurisdiction of the court is (Marvel Bldg. Corp. vs. Ople) Due process was also not denied the
derived from the power it may exercise over the property. Jurisdiction over petitioner who received notice of the scheduled hearing the day before but
the person is not essential, provided the relief granted by the court is failed to present evidence.
limited to such as can be enforced against the property itself. Notice by
publication is sufficient. Reason: The owner is expected to know that (Ablaza vs. CIR) The petitioners were adequately served the necessary
proceedings gave been instituted against the property he possesses. notices and that they deliberately avoided acknowledgment of the service
of summons upon them.
C. HEARING (Valladolid vs. Inciong) There was no denial of due process where the
Notice to a party is essential to enable it to adduce its own regional director of the MOLE decided a case, which had to be summarily
evidence and to meet and refute the evidence submitted by the other resolved in days, on the basis only of position papers submitted by the
party. Every litigant is entitled to his day in court. He has a right to be parties.
notified of every incident of the proceeding and to be present at every
stage thereof so that he may be heard by himself and counsel for the (Anglo-Fil Trading Corp. vs. Lazaro) A restraining order was issued ex
protection of his interests. parte was later dissolved ex parte.
 Adduce - cite as evidence  Ex Parte – done for, in behalf of, or on the application of, one party
 Refute – prove that someone is wrong only.
 Litigant – a person involved in a lawsuit
(Cruz vs. RCBS) SC rejected the claim of denial of due process, it
(David vs. Aquilizan) A decision rendered without a hearing is null and appearing that the petitioner had been given a chance to explain her side
void ab initio and may be attacked directly or collaterally. during the investigation of the charges against her.
 Ab Initio – Latin; from the beginning (Cordero vs. Public Serv. Comm.) Mere notice by publication of a
 Collateral Attack – An attack on a judgment made by or in an action or hearing conducted by an administrative agency was held insufficient and
proceeding that has an independent purpose other than impeaching or so violative of due process.
overturning the judgment

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(People vs. Beriales) Lower court ordered the arraignment and trial of Legislature cannot deprive a person of the right to appeal in these
the accused pending reinvestigation of their case by the city prosecutor as cases (minimum appellate jurisdiction of the SC):
previously authorized by the judge. Defense counsel did not cross-examine
the witnesses presented by the private prosecutor and, after the Art 8, Sec 5(2) Review, revise, reverse, modify, or affirm on appeal
prosecution had rested, refused to submit any evidence for the accused, or certiorari, as the law or the Rules of Court may provide, final
reiterating his manifestation that the accused were not agreeing to the judgments and orders of lower courts in:
trial of the case unless they first received the report of the reinvestigation. (a) All cases in which the constitutionality or validity of any treaty,
Holding this position as a waiver by the accused of their right to defend international or executive agreement, law, presidential decree,
themselves, lower court considered the case submitted for decision and proclamation, order, instruction, ordinance, or regulation is in
subsequently convicted all of them. On appeal, sentence was set aside by question.
the SC on the ground that serious irregularity by the trial court was (b) All cases involving the legality of any tax, impost, assessment, or
“repugnant to the Due Process Clause of the Constitution.” toll, or any penalty imposed in relation thereto.
(c) All cases in which the jurisdiction of any lower court is in issue.
(Stronghold Ins. Co. vs. Court of Appeals) Due process is not violated (d) All criminal cases in which the penalty imposed is reclusion
where a person is not heard because he has chosen not to be heard. If he perpetua or higher.
opts to be silent where he has a right to speak, he cannot later be heard to (e) All cases in which only an error or question of law is involved.
complain that he was unduly silenced.
(Calano vs. Cruz) An appeal to SC in an election protest involving
(Zaldivar vs. Sandiganbayan) The essence of due process is to be found municipal officials was challenged on the ground that it was not allowed by
in the reasonable opportunity to be heard and to submit any evidence one the Revised Election Code. Challenge was rejected because the appeal was
may have in support of one’s defense. “To be heard” does not only mean based on a pure question of law, which came under the irreducible review
verbal argument in court. One may be heard also thru pleadings. powers of SC.
(Marcos vs. Garchitorena) W/N petitioners could be declared in default 2) EXCEPTIONS

in several ill-gotten wealth cases filed against them for their failure to file Some cases in which the essential requisites of notice and hearing
their answer despite valid substituted service for summons upon them. SC may be omitted without violation of due process:
said this could be done. The right of confrontation does not necessarily 1. Cancellation of the passport of a person sought for the commission
mean a physical face-to-face confrontation of the adversaries in the court. of a crime,
It merely means the right to be given the opportunity to cross-examine 2. Preventive suspension of a civil servant facing admin charges,
and this right of course can be done thru the parties’ counsel. 3. Seizure of someone’s property in order to obtain payment for tax
delinquency,
Justices Gutierrez, Cruz, Padilla and Sarmiento dissented, all on basis of 4. Padlocking of restaurants found to be unsanitary or of theatres
due process. They were sustained when the default order was lifted by the showing obscene movies,
Sandiganbayan and the lifting was affirmed by the SC. (RP vs. 5. Abatement of nuisances per se.
Sandiganbayan)
a) NUISANCES
A nuisance per se is objectionable under any and all circumstances
1) APPEAL because it presents an immediate danger to the welfare of the community,
The right to appeal is not essential to the right to a hearing. and may be abated summarily, without the necessity of judicial
Except when guaranteed by the Constitution, appeal may be allowed or authorization. E.g. A mad dog running loose can be killed on sight,
denied by the legislature in its discretion. Requirements of due process are regardless of its value, because of the threat it poses to the safety and
deemed satisfied as long as the litigant is given his day in court at the lives of the people.
trial of his case, and he cannot demand as a matter of right another day in A nuisance per accidens is objectionable only under but not all
the appellate court. circumstances, there being situations when it is perfectly legitimate and
If the law allows him to appeal, denial of such is a denial of due acceptable. It has been described as “the right thing in the wrong place,”
process. like a patis factory in a residential area. The rule is that it may be abated

23
only upon judicial authorization as it is difficult to ascertain or identify this Director of Mines was later promoted as Sec of Agri and Nar Res, and in
kind of nuisance. his capacity reviewed and, not surprisingly, affirmed his own decision. SC
Exception is where the legislature has authorized its annulled the proceedings, calling them a “mockery of justice.”
summary abatement, providing the nuisance per accidens is of
trifling value only (Lawton vs. Steele). (Anzaldo vs. Clave) Respondent, as presidential executive assistant,
affirmed his own decision as chairman of the Civil Service Commission
b) PRESUMPTIONS when it was appealed to Malacañang. SC withheld approval.
Would a statutory presumption deny the right to a hearing insofar
as the person affected is precluded from introducing evidence to rebut the
presumption?
The accepted view is that it would not, provided there is a rational CH APT ER 9
or natural connection between the fact proved and the fact ultimately EQUAL PROTECTION
presumed from such fact.
A long as the presumption is based on human experience, as Equal protection of the laws is embraced in the concept of due
where a child is born within 180 days of the marriage is presumed process, as every unfair discrimination offends the requirements of justice
legitimate if the husband, before such marriage, knew of the pregnancy of and fair play.
the wife, it will be deemed not violative of due process.
Equal Protection Clause:
D. JUDGMENT
(Art 3, Sec 1) xxx nor shall any person be denied the
To insure against arbitrariness of the judge, due process requires
that the judgment be based upon the lawful hearing previously conducted: equal protection of the laws.
Art 8, Sec 14. No decision shall be rendered by any court without Arbitrariness in general may be challenged on the basis of the due
expressing therein clearly and distinctly the facts and the law on process clause. But of the particular act assailed partakes of an
which it is based. unwarranted partiality or prejudice, it is better challenged on the basis of
the equal protection clause.
2) ADMINISTRATIVE DUE PROCESS The purpose of the intentional ambiguity of the equal protection
Requirements of procedural due process (in admin proceedings): clause is the same as in due process, that is, to provide for more
1. The right to a hearing, which includes the right to present adjustability to the “swiftly moving facts” of our changing society.
one’s case and submit evidence in support thereof.
2. The tribunal must consider the evidence presented. (Plessy vs. Ferguson) US SC, 1894. The clause was interpreted as
3. The decision must have something to support itself. justifying the doctrine of separate but equal rights, which meant that the
4. The evidence must be substantial. separate enjoyment of rights by white and black persons could be required
5. The decision must be rendered on the evidence presented at as long as the rights themselves are equal.
the hearing, or at least contained in the record and disclosed
to the parties affected. (Brown vs. Board of Educ of Topeka) US SC, 1952. The doctrine was
6. The tribunal or body or any of its judges must act on its or his abandoned with the new ruling that the compulsory separation of the two
own independent consideration of the law and facts of the races in public schools was unconstitutional. Segregation thus yielded to
controversy and not simply accept the views of a subordinate integration, in the light of significant societal dev’t, even if no single
in arriving at a decision. alteration had been made in the wording of the equal protection clause.
7. The tribunal or body should, in all controversial questions,
render its decision in such a manner that the parties to the DEFINITION
proceeding can know the various issues involved, and the According to a long line of decisions, equal protection simply
reason for the decision rendered. requires that all persons or things similarly situated should be treated
alike, both as to rights conferred and responsibilities imposed.
(Zambales Chromite vs. Court of Appeals) A decision rendered by the Similar subjects should not be treated differently, so as to give
Director of Mines was appealed to the Sec of Agri and Nat Res. The undue favor to some and unjustly discriminate against others.
24
Substantive equality is not enough. It is required that the law be of all citizens is valid to all able-bodied but oppressive to those unable to
enforced and applied equally. Even if the law be fair and impartial on its bear arms, like the sick and the old.
face, it will still violate equal protection if it is administered “with an evil The law is not required to provide equality among all persons if
eye and an uneven hand,” so as to unjustly benefit some and prejudice they are not similarly situated. What the constitution requires is equality
others. among equals.
Accordingly, the legislature is allowed to classify the subjects of
(Yick Wo vs. Hopkins) An ordinance authorizing the board of supervisors legislation. If the classification is reasonable, the law may operate only on
to license the establishment of laundries in an American city was annulled some and not all of the people without violating the equal protection
by the US SC after finding that all Chinese applicants for such license had clause.
been systematically rejected whereas all other applicants but one had
been approved. Classification – the grouping of persons or things similar ro each other in
certain particulars and different from all others in the same particulars.
(People vs. Vera) The old Probation Law provided that the probation e.g.:
system shall be applicable “only in those provinces in which the respective 1. All women belong in one category because they have the
provincial boards have provided for the salary of a probation officer.” SC capacity to reproduce, in which respect they are different from
held: Adopting the example given by one of the counsel for the petitioners, men.
one province may appropriate the necessary fund to defray the salary of a 2. Minors are similar to each other in that they are all below 18
probation officer, while another may refuse or fail to do so. In such, the years of age, and it is in this particular that they differ from
Probation Act would be in operation in the former but not in the latter. This adults.
means that a person otherwise coming within the purview of the law would 3. Light cars form one group because they are similar to each
be able to enjoy benefits of probation in one province while another person other in weight, which distinguishes them from other vehicles.
similarly situated in another province would be denied such benefits. This 4. Citizens owe the same allegiance to their State and so
is obnoxious discrimination. A law may appear to be fair on its face and constitute a class separate from aliens, who are not subjected
impartial in appearance, yet, if it permits of unjust and illegal to the same obligation.
discrimination, it is within the constitutional prohibition.
This basic individual right sheltered by the Constitution is a
restraint on all the three grand departments of the govt and on (1) REQUIREMENTS
subordinate instrumentalities and subdivisions thereof, and on many It is not enough that the members of a group have the
constitutional powers, like the police power, taxation, and eminent characteristics that distinguish them from others. The classification must
domain. not be arbitrary. To be reasonable:
1. It must be based upon substantial distinctions.
PERSONS PROTECTED 2. It must be germane ( relevant) to the purposes of the law.
The equal protection clause is available to all persons, natural as 3. It must not be limited to existing conditions only.
well as juridical. Limitation: Artificial persons are entitled to the protection 4. It must apply equally to all members of the class.
only insofar as their property is concerned.
By constitutional reservation, certain rights are enjoyable only by
citizens, e.g., the rights to vote, hold public office, exploit natural (A) Substantial Distinctions
resources and operate public utilities, although aliens are included in the Superficial differences do not make for a valid classification. E.g.:
guaranty. the law cannot validly distinguish on the basis of the attire of the women,
or color of vehicles, or the source of native products, or emotions of
CLASSIFICATIONS persons, or the texture of their complexion, or the shape of their eyes, or
Equal protection clause does not require the universal application the length of their hair.
of the laws, or that it operate on all the people without distinction. Such an Valid classifications based on physical differences:
effect might sometimes result in unequal protection, e.g.: a law prohibiting 1. Women, being weaker, may be treated more tenderly by the law
mature books to all persons, regardless of age, would benefit the morals of than men in specifying working conditions;
the youth but violate the liberty of adults; a law requiring military service 2. Height and weight are allowable criteria for purposes of certain
public employments, as in the police force;
25
3. Health may be considered in the restriction of some rights, as The practice of allowing voters in one component city to vote for
where lepers are segregated from the rest of the community; provincial officials and denying the same privilege to voters in another
4. Age may be a factor in the imposition of public duties such as component city is a matter of legislative discretion which violates neither
military service. the Constitution nor the voter’s right of suffrage. It would have been
discriminatory and a denial of equal protection if the statute prohibited an
individual or group of voters in the city from voting for provincial officials.
Some recognized substantial distinctions:
1. Citizens have more solicitude ( care or concern) for the national (Nuñez vs. Sandiganbayan) SC held that PD 1606 did not discriminate
interest than aliens, whole allegiance to the local state is merely against persons convicted by the Sandiganbayan in giving then only the
transient. remedy of certiorari with the SC as distinguished from those convicted by
2. Minors, who are less experienced than adults, are considered more other trial courts, who could appeal to the Intermediate Appellate Court
prone to imposition and temptation and therefore entitled to and even the SC and so would have more prospects of reversal of the
greater protection. decision against them. Trial in the Sandiganbayan is conducted by the 3
3. Since they render essential services, public utilities may be judges constituting each division, and their unanimous vote is needed for a
granted more powers than ordinary private corporations, even as decision, which conceivably will be more carefully reached than that of the
ceiling prices may be fixed for prime or staple commodities but not other trial courts.
for luxury items, which do not affect the public n general.
4. Hotels may be classified and authorized to prescribe different rates (Phil Assoc of Service Exporters vs. Drilon) Filipino female domestics
according to the differences in facilities and services they offer. working abroad were in a class by themselves distinguishable from other
5. Policemen and firemen may be given better retirement privileges Filipino female workers, and more so from Filipino overseas contract
than other public functionaries because of the higher risks they workers in general, because of the special risks to which their class was
have to take in the discharge of their duties. exposed owing to the nature and conditions of their employment.
(Dumlao vs. Comelec) The challenged statute provided that “any retired (Int’l Shool Alliance of Educators vs. Quisumbing) Local-hire faculty
elective, provincial or municipal official who has received payment of the members of the IS, mostly Filipinos, complained against the better
retirement benefits to which he is entitled under the law and who shall treatment of their colleagues who have been hired abroad, who enjoy
have been 65 years of age at the commencement of the term of office to benefits not accorded the local-hires, among them housing, transportation,
which he seeks to be elected, shall not be qualified to run for the same shipping costs, taxes, home leave travel allowance, and a salary rate 25%
elective local office from which he has retired.” SC sustained the higher. The reason given was the “dislocation factor” and the limited
disqualification: The need for new blood assumes relevance. The tiredness tenure of the foreign-hires. SC declared: Equal pay for equal work.
of the retiree for govt work is present, and what is emphatically significant Persons who work with substantially equal qualifications, skill, effort and
is that the retires employee has already declared himself tired and responsibility, under similar conditions, should be paid similar salaries. It is
unavailable for the same govt work, but, which, by virtue of a change of not for the employee to explain why he receives less, it is for the employer
mind, he would like to assume again. Inequality will neither result from the to explain why the employee is treated unfairly.
application of the challenged provision. Persons similarly situated are
similarly treated. (DepEd vs. San Diego) Supra. SC rejected the contention that the 3-
flunk rule violated equal protection: A substantial distinction exists
(Ceniza vs. Comelec) Petitioner contended that a law classifying cities as between medical students and other students who are not subjected to the
highly urbanized if they had an annual revenue of P40M and all others as NMAT and the 3-flunk rule. The medical profession directly affects the very
component cities (except Baguio) was violative of the equal protection lives of the people, unlike other careers which, for this reason, do not
clause. SC disagreed: The classification of cities is based upon substantial require more vigilant regulation.
distinction. The revenue of a city would show whether or not it is capable
of existence and dev’t as a relatively independent social, economic, and (Phil Judges Assoc vs. Prado) The law creating the Phil Postal Corp,
political unit. Cities with smaller income need the continued support of the while retaining the franking privilege for the Office of the President and
provincial govt, thus justifying the continued participation of the voters in Congress, withdrew it from the Judiciary. SC declared: In lumping the
the election of provincial officials in some instances. Judiciary with the other offices from which the franking privilege has been

26
withdrawn, the law has placed the courts of justice in a category to which conditions as well. As it is now, even if later a similar company is set up, it
it does not belong. cannot be subject to the tax because the ordinance expressly points only
to Ormoc City Sugar Company, Inc. as the entity to be levied upon.
 Frank – an official mark on a letter or parcel, esp to indicate that
postage has been paid or does not need to be paid. (D) Applicability to All
The classification will be regarded as invalid if all the members of
(Tatad vs. Energy Sec) SC declared as unconstitutional the law the class are not similarly treated, both as to rights conferred and
deregulating the oil industry on the ground inter alia that it discriminated obligations imposed.
against the “new players,” insofar as it placed them at a competitive It is not necessary that the classification be made with absolute
disadvantage in relation to the established oil companies by requiring symmetry, in the sense that the members of the class should possess the
them to meet certain conditions already being observed by the latter. same characteristics in equal degree. Substantial similarity will suffice.
The mere fact that an individual belonging to a class differs from
(B) Relevance to the Purpose of Law the other members, as long as that class is substantially distinguishable
The classification, even if based on substantial distinctions, will still from all others, does not justify the non-application of the law to him.
be invalid if it is not germane to the purpose of the law.
e.g.: 1. A sterile woman would still be entitled to the benefits of a law
1. The accepted difference in physical stamina between men and women protecting the reproductive functions of her sex, such as one
will justify the prohibition of the latter from employment as miners or prohibiting women from work requiring them to be continuously on
stevedores ( person employed at a dock to load or unload cargo) or their feet. Her inability to bear children does not make her any less
in other heavy or strenuous work. On the basis of this same a woman. (washush!)
classification, however, the law cannot provide for a lower passing 2. An alien cannot claim the right to operate a retail store even if he
average for women in the bar exams because physical strength is not can prove that, unlike other foreigners, he is as devoted to the
the test for admission to the legal profession. national interest as the citizen because he was born here and has
2. Imported cars may be taxed at a higher rate than locally assembled completely embraced the Filipino way of life.
automobiles for the protection of the national economy, but their 3. By contrast, a Filipino citizen born and raised abroad is entitled to
difference in origin is no justification for treating them differently when engage in this same business even if it is demonstrable that he is
it comes to punishing violations of traffic regulations as the source of a stranger in his own land and is less concerned with its welfare
the vehicle has no relation to the observance of these rules. than the barred foreigner. The simple fact is that the former is a
citizen and the latter is not.
(C) Duration
Classification must be enforced not only for the present but as long (Ichong vs. Hernandez) Supra. In rejecting the argument that the Retail
as the problem sought to be corrected continues to exist. Trade Nationalization Act violated the equal protection clause, SC held:
The mere fact of alienage is the root and cause of distinction between the
(People vs. Cayat) The law prohibited members of the non-Christian alien and the national as a trader. An alien is naturally lacking in the spirit
tribes from drinking foreign liquor, on the ground that their low degree of of loyalty and enthusiasm for this country, or of that spirit of regard,
culture and their unfamiliarity with this kind of drink rendered them more sympathy and consideration for his Filipino customers as would prevent
susceptible to its effects as compared to their more civilized countrymen him from taking advantage. An alien retailer never really makes a genuine
who were less affected by it. SC sustained the classification as it was contribution to the national income and wealth as the gains and profits he
intended to apply as long as the difference between the two groups makes are not invested in industries that would help the country’s
continued to exist. economy.
(Ormoc Sugar Co., Inc. vs. Ormoc City Treasurer) The municipal (Villegas vs. Hiu Chong) Supra. The challenged ordinance imposed a
board of Ormoc City passed an ordinance imposing on any and all work permit fee of P50 upon all aliens desirous of obtaining employment in
productions of centrifugal sugar milled at the Ormoc Sugar Co., Inc, in Manila. SC annulled the measure: The P50 is unreasonable not only
Ormoc City a municipal tax equivalent to 1% per export sale to the US and because it is excessive but also because it fails to consider valid
other foreign countries. SC sustained the challenge to its constitutionality: substantial differences in situation among individual aliens who are
The classification, to be reasonable, should be in terms applicable to future required to pay it. The same amount is being collected from every
27
employed alien, whether he is casual or permanent, part-time or full-time (Katz vs. US) Same right was available to a person in the seclusion of a
or whether he is a lowly employee or a highly paid executive. glass-paneled telephone booth.
(Deregulation Cases) SC struck down a law deregulating the (MacDonald vs. US) A guest may expect the shelter of the rooftree he is
downstream oil industry for violation of the equal protection clause. The under against criminal intrusion.
law was unconstitutional because it favored the oligopoly ( state of
limited competition, market is shared by a small number of producers or (Alih vs. Castro) Where the respondents could have easily obtained a
sellers) of Petron, Shell and Caltex to the prejudice of prospective search warrant, they instead simply barged into the beleaguered premises
investors in the oil industry that would be saddled with requirements on the verbal order of their superiors. If they were worried that the
already complied with by the 3 oil giants weapons inside the compound would be spirited away, they could have
surrounded the premises in the meantime, as a preventive measure. One
cannot just force his way into any man’s house on the illegal orders of a
CH APT ER 10 superior, however lofty his rank.
SEARCHES AND SEIZURES
REQUISITES OF A VALID WARRANT

Art 3, Sec 2. The right of the people to be secure in their persons,
1. It must be based upon probable cause.
houses, papers, and effects against unreasonable searches and
2. The probable cause must be determined personally by the judge.
seizures of whatever nature and for any purpose shall be inviolable,
3. The determination must be made after examination under oath or
and no search warrant or warrant of arrest shall issue except upon
affirmation of the complainant and the witnesses he may produce.
probable cause to be determined personally by the judge after
4. It must particularly describe the place to be searched and the
examination under oath or affirmation of the complainant and the
persons or things to be seized.
witnesses he may produce, and particularly describing the place to be
searched and the persons or things to be seized.
(1) Existence of Probable Cause
Art 3, Sec 3 (1) The privacy of communication and correspondence
shall be inviolable except upon lawful order of the court, or when
(People vs. Sy Juco) Probable cause is such facts and circumstances
public safety or order requires otherwise, as prescribed by law.
antecedent to the issuance of the warrant that in themselves are sufficient
to induce a cautious man to rely on them and act in pursuance thereof.
(2) Any evidence obtained in violation of this or the preceding
section shall be inadmissible for any purpose in any proceeding.
(Kwong How vs. US) Probable cause consists of a reasonable ground of
suspicion supported by circumstances sufficiently strong in themselves to
SCOPE OF PROTECTION warrant a cautious man in believing accused to be committing the offense
The right against unreasonable searches and seizures and to the or to be guilty of the offense.
privacy of communication and correspondence are available to all persons,
including aliens, whether accused of crime or not. (You vs. District Court) Probable cause is the knowledge of facts, actual
Artificial persons, like corporations, are also entitled to the or apparent, strong enough to justify a reasonable man in the belief that
guaranty, although they may be required to open their books of accounts he has lawful grounds for prosecuting defendant in the manner complained
for examination by the State in the exercise of the police power or the of, the concurrence of facts and circumstances reasonably warranting the
power of taxation. However, their premises may not be searched nor may belief.
their papers and effects be seized except by virtue of a valid warrant.
The right against unreasonable searches and seizures is personal (Burgos vs. Chief of Staff) Probable cause is such facts and
and may be invoked only by the person entitled to it. Therefore, one who circumstances which would lead a reasonably discreet and prudent man to
is not the owner or lessee of the premises searched cannot challenge the believe that an offense has been committed and that the objects sought in
validity of the search or seizure. connection with the offense are in the place sought to be searched.
The “right to be left alone” extends to one’s office or business
establishment, including the papers and effects that may be found there. • The warrant must refer to only one specific offense. (RC, Rule 126, Sec
3)
28
Several informations were filed by the petitioning prosecutors who

(Stonehill vs. Diokno) Noting that the warrants “were issued upon had certified that they had conducted the required preliminary
applications alleging a violation of Central Bank circulars, the Tariff and investigations. Judge asked them to submit the supporting affidavits to
Customs Law, the Internal Revenue Code and the Revised Penal Code,” SC determine whether or not the corresponding warrants should be issued,
declared: No specific offense had been alleged in said applications. It was but the prosecutors refused, arguing that they had the authority under PD
impossible for the judges who issued the warrants to have found the 911 to determine probable cause. SC disagreed, that the issuance of the
existence of probable cause, for the same presupposes the introduction of warrant was not a ministerial function of the judge who had the right to
performed particular acts. determine for himself the existence of probable cause. While he could rely
on the findings of the prosecutor, he was nevertheless not bound thereby.
(Asian Surety & Insurance Co., Inc. vs. Herrera) The search warrant RC, Rule 112, Sec 6 provides that a judge may issue a warrant of arrest
was annulled because it had been issued for 4 separate and distinct only if he is satisfied from the investigation conducted by him or the
offenses: estafa, falsification, tax evasion and insurance fraud. prosecutor that there is probable cause.
(Castro vs. Pabalon) Search warrant was annulled because it did not
refer to one particular offense but to “an illegal traffic in narcotics and
contraband.”
(People vs. Court of Appeals) Warrant was described “a scatter-shot

warrant” that could refer to “robbery, theft, qualified theft or estafa.”
(Pita vs. Court of Appeals) After making an extensive exposition of the

interpretation of the word “obscenity,” SC declared that copies of a
magazine entitled Pinoy Playboy could not be summarily confiscated in line
with an anti-smut campaign of Manila. A search warrant must have first
been issued after the judge shall have been convinced of the existence of
probable cause that the materials sought to be seized were indeed
obscene.
 Smut – obscene or lascivious talk, writing or pictures
(2) Determination of Probable Cause

Determination of probable cause is to be determined “personally
by the judge.”
(Collector of Customs vs. Villaluz) This power is derived by the judge

directly from the self-executing provisions of Art 3, Sec 2 of the
Constitution and therefore may not be limited, much less withdrawn, by
the legislature. The word “judge” is interpreted in the generic sense and
includes judges of all levels.
In (Amarga vs. Abbas) SC upheld the competence of the prosecutor in

determining the probable cause. But in (Villaluz Case), there was
suggestion that this ruling might not be tenable. In (People vs.
Villanueva), it was held that the trial court should generally rely on the
findings of the prosecutor as another preliminary investigation conducted
by it would be “time-wasting.” In (Placer vs. Villanueva):

29
of the existence of probable cause. The judge is not required to personally

RC, Rule 112, Sec 6. When warrant of arrest may issue. – examine the complainant and his witnesses. He shall (1) personally
evaluate the report and the supporting documents submitted by the fiscal
(a) By the Regional Trial Court. – Within ten (10) days from the filing regarding the existence of probable cause and on the basis thereof, issue a
of the complaint or information, the judge shall personally evaluate warrant or (2) if on the basis thereof, he finds no probable cause, he may
the resolution of the prosecutor and its supporting evidence. He may disregard his fiscal’s report and require the submission of supporting
immediately dismiss the case if the evidence on record clearly fails to affidavits of witnesses to aid him in arriving at a conclusion as to the
establish probable cause. If he finds probable cause, he shall issue a existence of probable cause.
warrant of arrest, or a commitment order if the accused has already
been arrested pursuant to a warrant issued by the judge who (Enrile vs. Salazar) It is not the unavoidable duty of the judge to make a
conducted the preliminary investigation or when the complaint or personal examination of the complainant and his witnesses, it being
information was filed pursuant to section 7 of this Rule. In case of sufficient that he follows established procedure by personally evaluating
doubt on the existence of probable cause, the judge may order the the report and the supporting documents submitted by the prosecutor.
prosecutor to present additional evidence within five (5) days from
notice and the issue must be resolved by the court within thirty (30) (Ho vs. People) The prosecutor determines whether there is reasonable
days from the filing of the complaint of information. ground to believe that the accused is guilty and should be held for trial. On
the other hand, the judge determines if a warrant of arrest should be
(b) By the Municipal Trial Court. – When required pursuant to the
issued to place the accused in immediate custody so as not to frustrate the
second paragraph of section of this Rule, the preliminary
ends of justice. The judge should not rely on the recommendations alone
investigation of cases falling under the original jurisdiction of the
of the prosecutor but most independently arrive at his own conclusions
Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial
based not only on the bare report of the prosecutor but also on other
Court, or Municipal Circuit Trial Court may be conducted by either the
relevant documents.
judge or the prosecutor. When conducted by the prosecutor, the
procedure for the issuance of a warrant of arrest by the judge shall
(Board of Commissioners vs. De la Rosa) Warrants of arrest may be
be governed by paragraph (a) of this section. When the investigation
issued by administrative authorities only for the purpose of carrying out a
is conducted by the judge himself, he shall follow the procedure
final finding of a violation of law, like an order of deportation or an order of
provided in section 3 of this Rule. If his findings and
contempt, and not for the sole purpose of investigation or prosecution.
recommendations are affirmed by the provincial or city prosecutor, or
by the Ombudsman or his deputy, and the corresponding information
(Morano vs. Vivo) The constitutional limitation contemplates an order of
arrest in the exercise of judicial power as a step preliminary or incidental
is filed, he shall issue a warrant of arrest. However, without waiting
for the conclusion of the investigation, the judge may issue a warrant to prosecution or proceedings for a given offense or administrative action,
not as a measure indispensable to carry out a valid decision by a
of arrest if he finds after an examination in writing and under oath of
the complainant and his witnesses in the form of searching questions competent official, such as a legal order of deportation, issued by the
Commission of Immigration, in pursuance of a valid legislation.
and answers, that a probable cause exists and that there is a
necessity of placing the respondent under immediate custody in order
not to frustrate the ends of justice. The requirement of probable cause is, strictly speaking, not applicable in
deportation proceedings, which are not criminal in nature. The order of
is filed,
(c) When hewarrant
shall issueof a warrant
arrest notofnecessary.
arrest. However, withoutofwaiting
– A warrant arrest deportation is purely administrative, its purpose being not punishment but
for the conclusion of the investigation, the judge
shall not issue if the accused is already under detention may issue a warrant
pursuant to a the return to his country of the alien who has violated the conditions for
of arrest issued
warrant if he finds
by after
the an examination
municipal trial incourt
writing
in and under oath
accordance of
with his admission to the local state. (Harvey vs. Santiago)
the complainant
paragraph (b) ofand
thishis witnesses
section, or if in
thethecomplaint
form of searching questions
or information was
and answers, to
filed pursuant that a probable
section 7 of thiscause
Rule or exists
is for and that there
an offense is a
penalized (Salazar vs. Achacoso) The public respondent issued a closure and
necessity of placing the respondent under immediate
by fine only. The court shall them proceed in the exercise of its custody in order seizure order against the petitioner for alleged illegal recruitment of
not to frustrate
original the ends of justice.
jurisdiction. laborers for overseas employment. The basis of the order was a PD, later
(c) When warrant of arrest not necessary. – A warrant of arrest embodied in Art 38 of the Labor Code, empowering the Labor Sec or his
(Soliven
shall notvs.
issueMakasiar) What
if the accused the Constitution
is already underscores
under detention pursuant is
to athe duly authorized representative “to cause the arrest and detention” and
exclusive and personal responsibility of the issuing judge to
warrant issued by the municipal trial court in accordance withsatisfy himself “order the search” of the office and “the seizure of documents,
paragraph
Consti (b) of this section, or if the complaint or information Analia
2 ---------------------------------------------------------------------- was Consti 2 ---------------------------------------------------------------------- Analia
filed pursuant to section 7 of this Rule or is for an offense penalized
by fine only. The court shall them proceed in the exercise of its
original jurisdiction.
30
paraphernalia, properties and other implements” of any unlicensed (Yee Sue Koy vs. Almeda) Search warrant was sustained where it was
recruiter for overseas employment. SC declared: The Labor Sec, not being shown that the complainant and his witness, of their own personal
a judge, may no longer issue search or arrest warrants. Art 38, Par C of knowledge obtained from the personal investigations conducted by them,
the Labor Code is unconstitutional and of no force and effect. In the Vivo both declared under oath that the petitioner was engaged in usurious
Case, it was a deportation case, governed by Sec 69 of the defunct activities.
Revised Admin Code and by sec 37 or the Immigration Law. In deportation
cases, an arrest (of an undesirable alien) ordered by the Pres or his duly (Mata vs. Bayona) Mere affidavits of the complainant and his witness
authorized rep, in order to carry out a final decision of deportation, is were not enough to sustain the issuance of a search warrant. The judge
valid. must take depositions in writing and attach them to the record as these
are necessary to enable the court to determine the existence of probable
(3) Examination of Applicant cause.
RC, Rule 126, Sec. 5. Examination of complainant; record. –  Deposition – the written record of a witness’s out-of-court testimony
The judge must, before issuing the warrant, personally examine in
the form of searching questions and answers, in writing and under (Ponsica vs. Ignalaga) SC observed that “the affiant’s declarations in
oath, the complainant and the witnesses he may produce on facts their sworn statements are generalities, mere conclusions of theirs, not
personally known to them and attach to the record their sworn positive statements of particular facts within their personal knowledge,”
statements, together with the affidavits submitted. and rejected the finding of probable cause because “there had been no
searching interrogation of the witnesses as required by the Constitution.”
The same requirements are to be observed in the prelim exam to
be conducted for the issuance of a warrant of arrest. (4) Particularity of Description
The evidence offered by the complainant and his witnesses should The Constitution requires that the place to be searched or the
be based on their own personal knowledge and not on mere info or belief. persons or things to be seized be described with such particularity as to
Hearsay is not allowed. enable the person serving the warrant to identify them. Failure may result
The affidavits, to be considered sufficient, should be drawn in such in erroneous or, worse, arbitrary enforcement of the warrant.
a manner that the affiant could be charged with perjury if the allegations Ideally, the person sought to be seized should be identified by
contained therein are found to be untrue. name. A warrant without a name or with the name in blank such that it
can be enforced against any person is void.
 Affidavit – a written statement confirmed by oath or affirmation, for use
as evidence in court (Commonwealth vs. Crotty) A warrant issued against a John Doe or
 Affiant – a person who swears to an affidavit Richard Roe, whose other name or true name was unknown to the
 Perjury – the offense of willfully telling an untruth in a court after having complainant was held insufficient and illegal.
taken an oath or affirmation
• A John Doe warrant will satisfy the constitutional requirement if there
(Alvarez vs. CFI) SC annulled a search warrant issued on the strength of are some descriptio personae ( description of the person) that will enable
an affidavit based on “reliable information” which, according to affiant, was the officer to identify the accused.
“correct to the best of his knowledge and belief.” It was noted that “he did
not swear to the truth of his statements upon his own knowledge of the (People vs. Veloso) The warrant was valid although issued against a
facts but upon the information received by him from a reliable person.” John Doe only where it was shown that he was described as occupying and
in control of a building at a specified address.
(Burgos vs. Chief of Staff) SC rejected the application for search
warrants filed by 2 military officials on the basis of “the evidence gathered
and collated by our unit,” stressing that “the Constitution requires no less
• A description of a place to be searched is sufficient if the officer with the
warrant can, with reasonable effort, ascertain and identify the place
than personal knowledge by the complainant or his witnesses of the facts
intended.
upon which the issuance of a search warrant may be justified.”

31
• Where by nature of the articles to be seized their description must • Only articles particularly described in the warrant can be seized, and no
rather be general, it is not required that a technical description be given. other property can be taken thereunder unless it is prohibited by law.
(Alvarez vs. CFI) The search and seizure of “books, documents, receipts,
lists, chits, and other papers used by him in connection with his activities PROPERTIES SOUGHT TO SEIZURE
as money-lender, charging a usurious interest, in violation of law” was
RC, Rule 126, Sec. 3. Personal property to be seized. – A search
held valid on the ground that “no other more adequate and detailed
warrant may be issued for the search and seizure of personal
description could have been given.”
property:
(Stonehill vs. Diokno) Supra. SC annulled the warrants against the (a) Subject of the offense;
accused, who had been charged with violation of various laws in general,
(b) Stolen or embezzled and other proceeds, or fruits of the offense;
for the search and seizure of their “financial records, vouchers, journals,
or
correspondence, receipts, ledgers, portfolios, credit journals, typewriters,
and other documents and/or papers showing all business transactions, (c) Used or intended to be used as the means of committing an
including disbursement receipts, balance sheets and related profit and loss offense.
statements.” SC held: The warrants sanctioned the seizure of all records of
the petitioners and the aforementioned corps, whatever their nature, • Where the search and seizure is made only for the purpose of obtaining
tending to defeat of the major objective: the elimination of general evidence to be used against the accused, the warrant is unlawful as it
warrants. would violate the constitutional right against self-incrimination.
(Burgos Case) Search warrants were also annulled because the (Uy Kheytin vs. Villareal) Search and seizure of a man’s private papers
properties sought to be seized were not described with particularity. to be used in evidence for the purpose of convicting him of a crime,
When a search warrant for is directed against a newspaper publisher or recovering a penalty, or forfeiting his property, is totally different from the
editor in connection with the publication of subversive materials, the search and seizure of stolen goods, dutiable articles on which the duties
application and/or its supporting affidavits must contain a specification, have not been paid, and the like, which rightfully belong to the custody of
stating with particularity the alleged subversive material he has published the law.
or is intending to publish. The return of those goods, even if illegally seized, may not be
ordered by the court. (People vs. Marcos)
 Subversive – seeking to undermine the power and authority of an
established system ADMISSIBILITY OF ILLEGALLY SEIZED EVIDENCE
(Nolasco vs. Paño) Search warrant was for “Documents, papers and Art 3, Sec 3 (2) Any evidence obtained in violation of this or the
other records of the CPP/NPA and/or the NDF, such as Minutes of the Party preceding section shall be inadmissible for any purpose in any
Meetings, Plans of these groups, Programs, List of possible supporters, proceeding.
subversives books and instructions, manuals not otherwise available to the
public, and support money from foreign or local sources.” The foregoing (Judge Learned Hand) Only in case the prosecution which itself controls
search warrant authorizes the seizure of personal properties vaguely the seizing officials, knows that it cannot profit by their wrong, will the
described and not particularized. It is an all-embracing description which wrong be repressed.
includes everything conceivable regarding the groups. It is in the nature of
a general warrant.  Hand, Learned - an American lawyer and judge, served from 1924 to
1951 as judge of the United States Court of Appeals. He became known as
(20th Century Fox Film Corp vs. Court of Appeals) A similar ruling one of the most able American judges.
over properties sought to be seized described as “tv sets, video cassette
recorders, rewinders and tape cleaners” without any specific indication that Although the properties may have been seized in violation of the
they were being used in violating the Anti-Piracy Law. said provision, it does not follow that its owner shall be entitled to recover
it immediately. If the said property is the subject of litigation, like a

32
prosecution for illegal possession of firearms, it will remain in custodia  Incidental – as a consequence of
legis until the case is terminated. (Roan vs. Gonzales)
(Espano vs. Court of Appeals) marijuana seized under the house of the
Although Art 3(2) provides that evidence illegally seized shall be accused after his arrest on the street was held inadmissible evidence
inadmissible for any purpose in any proceedings, it is submitted that it because to was unlawfully obtained.
may nonetheless be used in the judicial or admin action that may be filed
against the officer responsible for its illegal seizure. (Terry vs. Ohio) Even before an arrest, when an officer is justified in
believing that the individual whose suspicious behavior he is investigating
Where the accused did not raise the issue of the admissibility of at close range is presently dangerous to the officer of to others, he may
the evidence against him on the ground that it had been illegally seized, conduct limited protective search for concealed weapons. The purpose of
such omission constituted a waiver of the protection granted by this this limited search is not to discover evidence of crime but to allow the
section, and the illegally seized evidence could then be admitted against officer to pursue his investigation without risk of violence.
him. (People vs. Exala)
 limited search a.k.a. as “Stop and Frisk” or “Terry Search”
WARRANTLESS SEARCHES AND SEIZURES
(People vs. Tabar) An arrest may also be made without warrant where
RC, Rule 113, Sec. 5. Arrest without warrant; when lawful. the right thereto is waived by the person arrested, provided he knew of
A peace officer or a private person may, without a warrant, arrest a such right and knowingly decided not to invoke it.
person:
(Magoncia vs. Palacio) No waiver is to be presumed where the person
(a) When, in his presence, the person to be arrested has committed, is merely submits to the arresting officer in manifestation of his respect for
actually committing, or is attempting to commit an offense; authority or where he allows entry into his home as a sign of hospitality
and politeness.
(b) When an offense has in fact just been committed, and he has
personal knowledge of facts indicating that the person to be arrested (People vs. Aruta) Where the implied acquiescence was not more than
has committed it; and mere passive conformity given under intimidating or coercive
circumstances, no consent to the illegal search or seizure can be implied.
(c) 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 (Callanta vs. Villanueva) Posting of bail bond constitutes waiver of any
temporarily confined while his case is pending, or has escaped while irregularity attending the arrest of a person and estops him from
being transferred from one confinement to another. questioning its validity.
In cases falling under paragraphs (a) and (b) hereof, the person
arrested without a warrant shall be forthwith delivered to the nearest (Roldan vs. Arca) Searches and seizures without warrant of vessels and
police station or jail, and he shall be proceeded against in accordance aircraft for violation of customs laws have been the traditional exception to
with Rule 112, Section 7. the constitutional requirement because the vessel can be quickly moved
out of the locality or jurisdiction in which the search must be sought before
Where an arrest is effected by virtue of a valid warrant or under the warrant could be secured.
any of the above circumstances, a search may be made as an incident to
such valid arrest. The individual being arrested may be frisked for Same rule applies to land vehicles.
concealed weapons that may be used against the arresting officer and all
unlawful articles found in his person or within his immediate control may (Papa vs. Mago) Acting on an informer’s tip, the police intercepted two
be seized. (Adams vs. Williams) trucks that had left the customs areas, searched and found them to be
loaded with undeclared cargo, which they confiscated. Rejecting the
• A warrantless search incidental to a lawful arrest may be made only owner’s demand for its return on the ground that it had been seized
within the permissible area of search, or the place within the immediate without a search warrant, SC held that the police had probable cause to
control of the person being arrested. make the warrantless search and seizure.

33
(People vs. CFI of Rizal) Acting on an informer’s tip received 1 week 5. Searches incidental to a lawful arrest
earlier, police intercepted an automobile from Clark Field and seized the 6. “Stop and frisk”
articles contained therein, which were later sought to be introduced in
evidence against the owner and driver of the car in their prosecution for (Harris vs. US) Prohibited articles within plain view open to eye and hand
smuggling. Majority of the Court held that there was probable cause to of the law-enforcement officer who comes upon them inadvertently ( not
justify the absence of a warrant. Justice Teehankee dissented, arguing that achieved through planning) may also be seized by him even without a
there was enough time to obtain such warrant warrant.
(People vs. Que) Police intercepted, upon reliable info, a truck loaded (Camara vs. Municipal Court) SC reversed the conviction of a person
with concrete slabs, and when apprehended, accused-appellant admitted who had refused a warrantless entry into his residence by municipal
there were sawn lumber in between the concrete slabs, sawn lumber the officers who wanted to make a routine annual inspection of premises for
accused-appellant could not provide with supporting documents. Probable possible violations of the San Francisco House Code. There was no
cause justified the extensive search of the truck even without a warrant, probable cause to sustain the search and no urgency about it either to
and the pieces of lumber were lawfully seized. justify the inspection without first obtaining a search warrant.
(People vs. Malmstedt) A passenger bus was stopped at a military (Valmonte vs. De Villa) SC upheld the establishment of checkpoints by
checkpoint for inspection. 1 of the soldiers noticed a bulge on the waist of the military where it could conduct searches and make arrests without
the accused which turned out to be a pouch containing hashish. Further warrant. Between the inherent right of the state to protect its existence
search revealed more hashish concealed in several teddy bears he was and promote public welfare and an individual’s right against a warrantless
carrying in his bag. Accused was placed under arrest and the drugs were search which is however reasonably conducted, the former should prevail.
confiscated. After conviction for violation of the Dangerous Drugs Act, he Justice Cruz dissented: The bland declaration that individual rights must
claimed the hashish were illegally seize and therefore inadmissible as yield to the demands of national security ignores the fact that the Bill of
evidence. SC held: The receipt of info by NARCOM that a Caucasian Rights was intended precisely to limit the authority of the State even if
coming from Sagada had prohibited drugs in his possession, plus the asserted on the ground of national security.
suspicious failure of the accused to produce his passport, taken together
as a whole, led the officers to reasonably believe that the accused was (Umil vs. Ramos) Several petitions for habeas corpus were consolidated
trying to hide something illegal from the authorities. for a joint decision on the common issue of the warrantless arrests and
Justice Narvasa and 4 others dissented: There was no confidential searches of the petitioners. Two of the petitions were dismissed on the
report from, or positive id by an informer; no attempt to flee, no bag or ground that the petitioners had posted bail and had already been released.
package emitting telltale odors; no other reasonably persuasive indications A third petition was also dismissed because the petitioner, as a member of
that Malmstedt was at the time in process of perpetrating the offense. the NPA, could be arrested at any time, being engaged in the continuing
When the soldiers searched his ouch and bags in his possession, they were offense of subversion. Another petitioner was found to have already been
simply “fishing” for evidence. The law requires that there first be a lawful convicted of murder and was serving his sentence. Two other petitioners
arrest of an individual before a search of his body and his belongings may allowed their houses to be searched after previously admitting their
licitly be made. The process cannot be reversed, i.e., a search be first membership in the NPA, and two others were found in possession of
undertaken, and then an arrest effected, on the strength of the evidence prohibited firearms. In another, the warrantless arrest of a person the
yielded by the search. morning after he delivered an allegedly seditious speech the night before
was sustained, as so also was the warrantless arrest of another petitioner
(People vs. Chua Ho San) Justice Davide: There must first be a lawful who, after 14 days, was identified as one of those involved in a killing.
arrest before a search can be made – the process cannot be reversed.
 Subversion – an attempt to undermine the power and authority of a
(Malacat vs. Court of Appeals) In addition to the cases mentioned in system
Rule 113(5), valid warrantless searches are limited to:
1. Customs searches  Habeas Corpus – a writ requiring a person under arrest to be brought
2. Searches of moving vehicles before a judge, to secure his release, unless lawful grounds are shown
3. Seizure of evidence in plain view for his detention.
4. Consent searches
34
• An accused is estopped from questioning the legality of his arrest where

CH APT ER 11
he never raised it before entering his plea.
LIBERTY OF ABODE AND TRAVEL
PRIVACY OF COMMUNICATION AND CORRESPONDENCE
(Caunca vs. Salazar) W/N the maid had the right to transfer to another
Art 3, Sec 3 (1) The privacy of communication and correspondence residence even if she had not yet paid the amount advanced by an
shall be inviolable except upon lawful order of the court, or when employment agency, which was then detaining her, for her transportation
public safety or order requires otherwise, as prescribed by law. from the province. In the petition for habeas corpus, the petitioner’s
liberty of abode was sustained and her detention declared unconstitutional.
Human dignity is not a merchandise appropriate for commercial barters or
• Provision was taken not from the US Constitution but from the Malolos
business bargains.
Constitution. It rules out eavesdropping on private conversations through
the use of electronic gadgets and thus covers with it protection even of
intangible things. Bill of Rights, Sec 6. The liberty of abode and of changing the same
within the limits prescribed by law shall not be impaired except upon
Anti-Wire-Tapping Act (RA 4200) lawful order of the court. Neither shall the right to travel be impaired
Prohibits any person, not being authorized by all the parties to any except in the interest of national security, public safety, or public health,
as may be provided by law.
private communication or spoken word, to tap any wire or cable, or by
using any other device or arrangement, to secretly overhear, intercept or
PURPOSE
record the same, or to communicate the content thereof to any other
person. The use of these records is permitted only in civil and criminal
The purpose is to further emphasize the individual’s liberty as safeguarded
proceedings involving certain specified offense, mainly those affecting
in general terms by the due process clause, liberty which includes the right
national security. These acts may be done only upon previous written
to choose one’s residence, to leave it whenever he pleases, and to travel
authorization by the court, to be issued upon compliance with the
whenever he wills.
constitutional requirements for the issuance of a warrant, and shall be
effective for 60 days only. Any evidence obtained in violation of the law is
LIMITATIONS
not admissible in any proceeding.
Liberty of abode: “upon lawful order of the court”
(Gaanan vs. Intermediate Appellate Court) It was held that a
Right to travel: “in the interest of national security, public safety, or public
telephone extension was not among the devices covered by this law and
health, as may be provided by law”
that the use of that instrument to listen in on a private conversation was
not prohibited as a “tap.”
E.g.:
(Ex Parte Jackson) US SC. Letters and sealed packages in the mails may
be examined only as to their external appearance and weight and may not • A person facing criminal charges may be restrained by the court from
be opened except in accordance with the constitutional requirements of a leaving the country, or if abroad, compelled to return.
lawful search and seizure. • A lessee may be judicially ejected for violation of his contractual duties.
• The judge may prevent a person from entering certain premises under
dispute or declared off-limits by the proper authorities.
• Health officers may restrict access to contaminated areas and also
quarantine those already exposed to the disease.
• With a threat of a volcanic eruption, residents in the affected area may
be forced to evacuate.
• In the US, State Sec. may regulate or even prohibit the travel of citizens
to hostile countries to prevent possible int’l misunderstanding and conflict.
(Rubi vs. Provincial Board of Mindoro) Respondents were justified in

requiring the members of certain non-Christian tribes to reside in a
35
reservation, for their better education, advancement and protection. It was of Filipino female domestics abroad in view of reports of their abuse and
a legitimate exercise of police power. exploitation by their foreign employers. The ban on their right to travel
was justified on the ground of public safety.
(Villavicencio vs. Lukban) Mayor on Manila was not sustained when he
deported some 170 women of ill-repute to Davao, for the admittedly (Marcos vs. Manglapus) SC, by an 8-7 vote, sustained the refusal of the
commendable purpose of ridding the city of serious moral and health govt to allow the petitioner’s return, on the ground that it would endanger
problems. Philippine penal law specifically punishes any public officer who, national security. Majority held there was sufficient basis for this
not being expressly authorized by law or regulation, compels any person apprehension, as against the minority’s contention that the former
to change his residence. President was, like any other citizen, entitled to come back to his own
country.
(Salonga vs. Hermoso) There was a petition for mandamus to compel  Vote: (8-7) 
the issuance of a permit to travel abroad. The case became moot and + Chief Justice Fernan, Jusctices Narvasa, Melencio-Herrera, Gancayco,
academic when the permit was issued before the case could be heard. SC Cortes, Griño-Aquino, Medialdea and Regalado
nevertheless opined: Respondent should exercise the utmost care to avoid - Justices Gutierrez, Cruz, Paras, Feliciano, Padilla, Bidin and Sarmiento
the impression that certain citizens desirous of exercising their
constitutional right to travel could be subjected to inconvenience or
annoyance. Attention is called to Art 27 of the CC. :D CH APT ER 12
FREEDOM OF RELIGION
Art 27. Any person suffering material or moral loss because a public
servant or employee refuses or neglects, without just cause, to Reacting to age-old State and Church religious oppression, the Universal
perform his official duty may file an action for damages and other Declaration of Human Rights affirms:
relief against he latter, without prejudice to any disciplinary
administrative action that may be taken. Art 18. Every one has the right to freedom of thought, conscience
• Ascertainment of the grounds for the exception should be made by the and religion; this right includes freedom to change his religion or
executive officers only “as may be provided by law,” specifying strict belief and freedom, either alone or in community with others and in
guidelines and appropriate standards. public or private, to manifest his religion or belief in teaching,
• Provisions of law limiting the enjoyment of liberty should be strictly practice, worship and observance.
construed against the govt and in favor of the individual.
RELIGION
(Manotoc vs. Court of Appeals) The petitioner who was out on bail while
Religion – any specific system of belief, worship, conduct, etc., often
facing several criminal charges for estafa, filed motions for permission to
involving a code of ethics and a philosophy.
leave for the US “relative to his business transactions and opportunities.”
His motions were denied, and on he went to the Sc, invoking his right to
(Aglipay vs. Ruiz) Religion is a profession of faith to an active power that
travel. His petition was dismissed on the principal ground that the
binds and elevates man to his Creator.
condition of the bail bond that he would be available at any time the court
should require his presence was a valid restriction on his right to travel.
Moreover, his reason for leaving was not urgent and it had not been shown • The existence of a Divine Being is not necessarily inherent in religion;
that his sureties had agreed to his departure. e.g. Buddhists merely adopt or support a way of life without reference to
Similar action was taken against Miriam Santiago, who wanted to leave an omnipotent God.
the country for educational purposes, and Ruffa Gutierrez, who pleaded
certain show business commitments abroad. • Mere belief in karma, or destiny, is a religion notwithstanding the
absence of an Almighty to direct it.
 Surety – a person who take responsibility for another’s performance of
an undertaking • Religion, in the context of the constitutional provision, include a
rejection of religion, a refusal to believe in a hereafter or in the supremacy
(Service Exporters Case) SC sustained an admin regulation, enacted of a supernatural person.
pursuant to legislative authority, temporarily suspending the deployment
36
• Religion embraces matters of faith and dogma, as well as doubt,

agnosticism and atheism.
 Dogma - any system of established principles and tenets.

 Agnosticism - belief that nothing is known or can be known about the SEPARATION OF CHURCH AND STATE
existence of God or about things outside of human experience; Rationale: “Strong fences make good neighbors,” to avoid encroachments
skepticism by one against the other because of a misunderstanding of the limits of
 Atheism - the belief that there is no God. their respective exclusive jurisdictions.
“Render therefore unto Caesar the things that are Caesar’s and unto God
RELIGION IN THE CONSTITUTION the things that are God’s.”
Bill of Rights, Sec 5. No law shall be made respecting an establishment (Engel and Vitale) A union of Church and State tends to destroy govt and
of religion, or prohibiting the free exercise thereof. The free exercise and to degrade religion.
enjoyment of religious profession and worship, without discrimination or
preference, shall forever be allowed. No religious test shall be required (Aglipay vs. Ruiz) In so far as it instills into the mind the purest
for the exercise of civil or political rights. principles of morality, the influence of religion is deeply felt and highly
Art 2, Sec 6. The separation of Church and State shall be inviolable. appreciated by the State.
Art 6, Sec 28 (3) Charitable institutions, churches and personages or
convents appurtenant thereto, mosques, non-profit cemeteries, and all The elevating influence of religion in human society is recognized here as
lands, buildings, and improvements, actually, directly, and exclusively elsewhere:
used for religious, charitable, or educational purposes shall be exempt • Our Constitution and laws exempt from taxation properties devoted
from taxation. exclusively to religious purposes.
Art 6, Sec 29(2) No public money or property shall be appropriated, • Sectarian aid is not prohibited when a priest, preacher, minister or other
applied, paid, or employed, directly or indirectly, for the use, benefit, or religious teacher or dignitary as such is assigned to the armed forces or to
support of any sect, church, denomination, sectarian institution, or any penal institution, orphanage or leprosarium.
system of religion, or of any priest, preacher, minister, other religious
teacher, or dignitary as such, except when such priest, preacher, •Optional religious instruction in the public schools is, by constitutional
minister, or dignitary is assigned to the armed forces, or to any penal mandate, allowed.
institution, or government orphanage or leprosarium. • Thursday and Friday of the Holy Week, Thanksgiving Day, Christmas
Day and Sundays are made legal holidays because of the secular idea that
their observance is conducive to beneficial moral results.
Art 14, Sec 4(2) Educational institutions, other than those established
by religious groups and mission boards, shall be owned solely by citizens • Certain crimes against religious worship are considered crimes against
of the Philippines or corporations or associations at least sixty per centum the fundamental laws of the state.
of the capital of which is owned by such citizens. The Congress may,
however, require increased Filipino equity participation in all educational (Everson vs. Board of Ed) US SC. The establishment clause simply
institutions. means that the state cannot set up a church; nor pass laws which aid one
religion, aid all religion, or prefer one religion over another nor force nor
The control and administration of educational institutions shall be vested influence a person to go to or remain away from church against his will or
in citizens of the Philippines. force him to profess a belief or disbelief in any religion; that the state
cannot punish a person for entertaining or professing religious beliefs or
No educational institution shall be established exclusively for aliens and disbeliefs, for church attendance or non-attendance; that no tax in any
no group of aliens shall comprise more than one-third of the enrollment amount, large or small, can be levied to support any religious activity or
in any school. The provisions of this subsection shall not apply to schools institution whatever they may be called or whatever from they may adopt
established for foreign diplomatic personnel and their dependents and, to teach or practice religion; that the state cannot openly or secretly
unless otherwise provided by law, for other foreign temporary residents.
37
participate in the affairs of any religious organization or group and vice been excused from their classes by the school authorities, subject to the
versa. obligation to make up for the time lost during another period. Court ruled
that the State had merely bent over backward to accommodate the
There will be no violation of the establishment clause if, first, the statute religious needs of the students and had not thereby actually involved itself
has a secular legislative purpose; second, its principal or primary effect is in a religious activity in violation of the Constitution.
one that neither advances nor inhibits religion; and third, it does not foster
an “excessive government entanglement with religion.” (Lemon vs. (Board of Ed vs. Allen) A law required the petitioner to lend textbooks
Kurtzman) free of charge to all students from grades 7 to 12, including those
attending private schools. Attacked on constitutional grounds insofar as it
“The government is neutral, and while protecting all, it prefers none, and it extended its benefits to parochial schools, the statute was sustained by
disparages none.” the US SC. Books are furnished at the request of the pupil and ownership
remains, at least technically, in the State. Thus, no funds or books are
(School Prayer Case) US CS declared unconstitutional the recitation by furnished to parochial schools, and the financial benefit is to parents and
the students in NY public schools of a prayer composed by the board of children, not to schools.
regents, concededly for the purpose of setting the spiritual tone of the
schoolday. It is no part of the business of govt to compose official prayers (Everson vs. Board of Ed) Supra. US SC sustained a law providing free
for any group of the American people, to recite as a part of a religious transportation for all schoolchildren without discrimination, including those
program carried on by the govt. While welcome to the believer, the prayer attending parochial schools.
was not acceptable to the non-believer, although, significantly, he was not
required to recite it. The State thus aligned itself with the worshipper as In both Everson and Allen, the govt aid was given directly to the student
against the atheist and violated its obligation to maintain an attitude of and his parents, not to the church-related school.
strict neutrality in religious matters.
In the Philippines, applying Article 6, Sec 29(2), if the interpretation were
(School District of Abington Township vs. Schempp) US SC struck to be similarly strict, the rulings in Everson and Allen might not be
down a Pennsylvania statute that required that “at least 10 verses from applicable.
the Holy Bible” be read daily, without comment, in all public schools of the
state. The requirement was held to be a “religious exercise” that violated Art 6, Sec 29(2) No public money or property shall be appropriated,
the establishment clause. applied, paid, or employed, directly or indirectly, for the use, benefit, or
support of any sect, church, denomination, sectarian institution, or
(Tudor vs. Board of Ed) Earlier Case. The Gideon Society, a religious system of religion, or of any priest, preacher, minister, other religious
group engaged in the distribution of free copies of the Bible in obedience teacher, or dignitary as such, except when such priest, preacher,
to the scriptural mandate to “go forth and spread the word of God,” minister, or dignitary is assigned to the armed forces, or to any penal
enlisted the services of public school teachers who, among other things, institution, or government orphanage or leprosarium.
distributed the request forms among the students, collected them after
they had been accomplished by the students’ parents, returned them to
the Society, later received the copies requested and then delivered these (Aglipay vs. Ruiz) Govt had authorized a special stamp issue on the
to the students. US SC declared that the teachers, using govt time, were occasion of the observance in Manila of the 33rd Intl Eucharistic Congress
participating in a religious activity as they were an essential cog in the under the sponsorship of the Catholic Church. The petitioner, as head of
machinery of distribution of the Bibles. the Phil Independent Church, assailed the measure and contended that it
violated the Constitution as it benefited a particular religion. SC discovered
 Cog - (Figurative.) a person or thing having a minor but necessary that the original design of the stamp featured a picture of a Catholic
function in the running of any system or organization. chalice, but this was later rejected in favor of a Phil map under which
appeared the caption, “Seat, 33rd International Eucharistic Congress, Feb.
(Zorach vs. Clauson) US SC held that the wall of separation between 3-7, 1937”, placing focus on the site, to attract tourists to our country.
Church and State had not been breached by a released-time arrangement Held: Any benefit indirectly enjoyed by a religious institution, as long as
which enabled the students in a public school to attend religious such benefit was only incidental to a legitimate secular objective, would
instruction classes in a nearby private building. At their request, they had not violate the prohibition in Art 6, Sec 29 (2).
38
(People vs. Fernandez) The above provision does not prevent the use of RELIGIOUS PROFESSION AND WORSHIP
public property for religious purposes when the religious character of such
use is merely incidental to a temporary use which is available The right to religious profession and worship has a two-fold aspect:
indiscriminately to the public in general. 1. Freedom to believe – absolute as long as the belief if confined
within the realm of thought
• A public street may be used for a religious procession even as it is 2. Freedom to act on one’s belief – subject to regulation where the
available for a civic parade, in the same way that a public plaza is not belief is translated into external acts that affect the public welfare
barred to a religious rally if it may also be used for political assemblage.
(1) FREEDOM TO BELIEVE (or disbelieve)
(Garces vs. Estenzo) There was no violation of the Constitution where it “Men may believe what they cannot prove.” Every one has a right to his
was shown that the money used by a barangay council for the purchase of beliefs and he may not be called to account because he cannot prove what
a religious image was raised by it from private contributions and did not he believes.
constitute public funds.
(2) FREEDOM TO ACT ON ONE’S BELIEFS
Where the individual externalizes his beliefs in acts or omissions
• Priests who served in the ConCom of 1986 were entitled to be paid per
that affect the public, his freedom to do so becomes subject to the
diems ( or daily allowances) from public funds for services rendered by
authority of the State.
them not as ecclesiastics but as members of the Commission.
As with other rights guaranteed by the Constitution, religious
freedom can be enjoyed only within a proper regard for the rights of
(1) INTRAMURAL RELIGIOUS DISPUTES
others.
(Justice Frankfurter) The constitutional provision on religious
Intramural religious disputes may be resolved by the religious
freedom terminated disabilities, it did not create new privileges. It gave
authorities themselves only.
religious liberty, not civil immunity. Its essence is freedom from conformity
Whatever dogma is adopted by a religious group cannot be binding
to religious dogma, not freedom from conformity to law because of
upon the State if it contravenes its valid laws. E.g., while the Church may
religious dogma.
provide for the dissolution of marriage by its own courts, the ecclesiastical
decree cannot prevail against the Civil Code, which prohibits divorce.
Illustrations:
 Intramural – situated or done within a community • While one has full freedom to believe in Satan, he may not offer the
 Ecclesiastical - of or having to do with the church or the clergy object of his piety a human sacrifice, as this would be murder.
• Those who literally interpret the Biblical command to “go forth and
• Where the dispute involves the property rights of the religious group, or multiply” are not allowed to contract plural marriages in violation of the
the relations of the members where property rights are involved, the civil laws against bigamy.
courts may assume jurisdiction. • A person cannot refuse to pay taxes on the ground that it would be
against his religious tenets to recognize any authority except that of God
(Fonacier vs. Court of Appeals) SC, applying pertinent laws and the alone.
internal rules of the Phil Independent Church, resolved the conflict • An atheist cannot express his disbelief in acts of derision that wound the
between 2 persons claiming to be the head of the church and thus vested feelings of the faithful.
with control of its properties.
• The police power can be validly asserted against the Indian practice of
the suttee, born of deep religious conviction, that calls on the widow to
(Gonzales vs. Archbishop of Manila) Earlier Case. SC held that where a
sacrifice herself at the funeral pile of her husband.
civil right depends upon some matter pertaining to ecclesiastical affairs,
the civil tribunal tries the civil right and nothing more, taking the
ecclesiastical decision out of which the civil right has arisen as it finds • As long as it can be shown that the exercise of the right does not impair
them, and accepting those decisions as matters adjudicated by another the public welfare, the attempt of the State to regulate or prohibit such
jurisdiction. right would be an unconstitutional encroachment.

39
(Cantwell vs. Connecticut) A statute made it punishable for any one to

solicit money or any other form of assistance except for a religious, (Gerona vs. Sec of Ed) Flag ceremony was sustained as a valid exercise
charitable or philanthropic cause as determined by the secretary of the of the police power aimed at inculcating the virtue of patriotism in the
public welfare council. US SC struck it down as censorship of religion. students.
Noting the extraordinary power given to the secretary, the Court
commented, “If he finds that the cause is not that of religion, to solicit for (Ebralinag vs. The Division Superintendent of Schools of Cebu) The
it becomes a crime.” religious freedom of the petitioners, who as in Gerona, were members of
the Jehovah’s Witnesses and believed that they should not salute the flag
(Marsh vs. Alabama) A woman distributed religious literature in the because it was in their view an “image” to which the Bible prohibited them
premises of a privately-owned town against the expressed prohibitions of from rendering obeisance. Forcing a small religious group, through the iron
the town authorities. Prosecuted for trespass, she was acquitted by the US hand of the law, to participate in a ceremony that violates their religious
SC, which upheld her religious liberty as against the property rights of the beliefs, will hardly be conducive to love of country or respect for duly
corporation that owned the town. Whether a corporation or a municipality constituted authorities.
owns or possesses the town, the public in either case has an identical
interest in the functioning of the community in such manner that the  Obeisance - a movement of the body expressing deep respect or
channel of communication remains free. reverence
(American Bible Society vs. Manila) A religious corporation engaged in (German vs. Barangan) 50 persons who were walking to St. Jude Church
the sale of Bibles and other religious articles was required to obtain a to pray for “an end to violence” were barred by the military and warned
license and pay the corresponding fee for being engaged in the sale of against a similar march later. They went to the SC to protest the
merchandise. SC held: The constitutional guaranty of free exercise and prohibition but their petition was denied. Noting that they wore yellow
enjoyment of religious profession and worship carries with it the right to shirts and chanted anti-admin invectives during their march, the ponencia
disseminate religious info. held that the petitioners were not sincere in their profession of religious
liberty and were using it to express their opposition to the govt. Even
(VAT Case) The above doctrine was not applied. The registration fee of assuming their good faith, there was still the necessity of protecting
P1000 is not imposed for the exercise of a privilege but only for the Malacañang, which was near the church, in case the march went out of
purpose of defraying part of the cost of registration. The registration hand.
requirement is a central feature of the VAT system. The registration fee is Dissent: The burden to show the existence of grave and imminent
a mere admin fee, one not imposed on the exercise of a privilege, much danger that would justify prior restraint and bar a group of persons from
less a constitutional right. entering the church of their choice for prayer and worship lies on the
military or police officials who would so physically restrain them. It does
• The test to determine which shall prevail as between religious freedom not lie within the competence nor authority of such officials to demand
and the powers of the State is the test of reasonableness. churchgoers that they show and establish their “sincerity and good faith.”
(West Virginia Board of Ed vs. Barnette) US SC. All students in public RELIGIOUS TESTS
schools in WV were required to participate in a flag ceremony at which Bill of Rights, Sec 5. xxx No religious test shall be required for the
they were made to recite an oath of allegiance and to salute the American exercise of civil or political rights.
flag while it was being raised or lowered. Those who refused were subject
to expulsion and until readmitted upon compliance were to be proceeded The prohibition is aimed against clandestine ( or secret) attempts on the
against as “delinquents” and their parents were liable for prosecution and part of the govt to prevent a person from exercising his civil or political
punishment. Members of Jehovah’s Witnesses protested, claiming that the rights because of his religious beliefs.
ceremony violated their interpretation of Exodus, Chapter 20, verses 4 and
5, of the Bible: “Thou shalt not make unto thee any graven image, or any (In re Summers) A person was denied admission to the bar because of
likeness of anything that is in heaven above, or that is in the earth his inability to take in good faith an oath to support the Constitution of
beneath, or that is in the water under the earth; thou shalt not bow down Illinois which contained a provision requiring service in the militia in times
to them, nor serve them.” SC sustained the challenge: Compulsory of war. Petitioner was a conscientious objector and was opposed to the use
unification of opinion achieves only the unanimity of the graveyard. of force. Illinois SC held him morally unfit to practice law because he will
40
not use force to prevent wrong, no matter how aggravated.” US SC • Does not cover licenses, say for operation of a liquor store or a
sustained. cockpit, as these involve grants of privileges only that are essentially
Justice Black dissented: Under our Constitution, men are punished revocable.
for what they do or fail to do and not for what they think and believe.
Freedom to think, to believe and to worship has too exalted a position in
• Does not cover marriage contracts, which, more than a mere
agreement between the spouses, is regarded as a social institution
our country to be penalized on such an illusory basis.
subject at all times to regulation by the legislature and to change of
the original conditions. Thus, a subsequent law allowing divorce would
(People vs. Zosa) An attempt to avoid military duties on the ground
be applicable to marriages previously solemnized under a law
among others of conscientious scruples was brushed aside. Basis: Art 2,
prohibiting their dissolution.
Sec 4 of our Constitution.
• A public office is not a property right and therefore cannot be the
Art 2, Sec 4. The prime duty of the Government is to serve and subject of a contract between the incumbent and the govt. The office
protect the people. The Government may call upon the people to itself, if created by a statute, may be modified or even abolished or
defend the State and, in the fulfillment thereof, all citizens may be any of its incidents may be changed, as by reduction of the term or
required, under conditions provided by law, to render personal, military the salary. Exception: When the salary has already been earned, in
or civil service. which case it will be deemed a vested property right that cannot be
withdrawn or reduced by retroactive legislation.
LAW
CH APT ER 14
THE IMPAIRMENT CLAUSE • Includes statutes enacted by the national legislature, executive orders
and admin regulations promulgated under a valid delegation of power,
and municipal ordinances passed by the local legislative bodies.
Bill of Rights, Sec 10. No law impairing the obligation of contracts • Does not include judicial decisions or adjudications made by admin
shall be passed. bodies in the exercise of their quasi-judicial powers.
Purpose: To safeguard the integrity of valid contractual agreements • To impair, the law must retroact so as to affect existing contracts
against unwarranted interference by the State. They should be respected concluded before its enactment. There is no impairment if the law is
by the legislature and not tampered with by subsequent laws that will made to operate prospectively only.
change the intention of the parties or modify their rights and obligations.
OBLIGATION
• The obligation of the contract is the vinculum juris, i.e., the tie that
• The protection of the impairment clause is not absolute!
binds the parties to each other.
 Impair – weaken or damage
(Sturgess vs. Crownshields) The obligation of a contract is the law or
duty which binds the parties to perform their undertaking or agreement
CONTRACT
according to its terms and intent.
Contract – as used in the impairment clause, refers to any lawful
E.g.: In a contract of load, the obligation is the duty of the lender to
agreement on property or property rights, whether real or personal,
extend the loan and of the borrower to repay it, according to their
tangible or intangible.
stipulations.
• The agreement may be executed or executory. IMPAIRMENT

• The parties may be private persons only, natural or artificial, or (Clements vs. Nolting) Impairment is anything that diminishes the
private persons on the one hand and the govt or its agencies on the efficacy of the contract.
other hand.
• Includes franchises or charters to private persons or entities, like an  Efficacy – ability to produce the desired result
authorization to operate a public utility.

41
E.g.: In the above example of the contract of loan, there will be an (Gold Clause Cases) The creditors in many contracts of loan, anticipating
impairment of its obligation if by subsequent law, the principal of the loan a change in the legal tender from gold to silver, stipulated with the
is reduced or increased, or the period of payment is shortened or borrowers that their loans would be repaid in gold currency even if the
lengthened, or conditions are added or removed, or the remedies for the conversion did take place. As expected, US converted to the silver
enforcement of the rights of the parties are completely withdrawn. standard, the law providing for the discharge of existing money obligations
thru payment in the new legal tender dollar for dollar. The creditors
• The degree of reduction is immaterial. As long as the original rights of objected, claiming impairment. US SC sustained the law, holding that the
the parties are changed to his prejudice, there is impairment. subject of the contract being currency, which was within the exclusive
power of the legislature to control, the agreement was subject to
In case of remedies, there will be impairment only if all of them modification by the State in the exercise of police power.
are withdrawn, with the result that either party will be unable to enforce
his rights under the original agreement. There will be no impairment as (Rutter vs. Esteban) Phil govt declared, first by EO of the Pres and later
long as a substantial and efficacious remedy remains. This rule holds true by congressional enactment, a moratorium on the payment of pre-war
even if the remedy retained is the most difficult to employ and it is the debts until after 8 yrs from the settlement of the war damage claims of the
easier ones that are withdrawn. (Manila Trading Co. vs. Reyes) debtors. SC annulled the law as violative of the impairment clause. The
Court declared that, to begin with, the emergency caused by the war that
LIMITATIONS earlier had justified the moratorium was no longer existing. Secondly, the
period was oppressively long, extending over a period of 4 yrs, when the
• A contract valid at the time of its execution may be legally modified or EO was in force, and another 8 yrs as provided under the law, during
even completely invalidated by a subsequent law, if the law is a which the creditor could not enforce his claim. Finally, during the
proper exercise of the police power. moratorium, all rights of the creditors were suspended, including the right
to collect interest on the principal of the loan as long as it remained
Into each contract are read the provisions of existing law and, unpaid. Court noted that in the US, the usual period of moratorium did not
always, a reservation of the police power as long as the agreement deals extend beyond 2 yrs, and during this period, all the rights of the creditor,
with a matter affecting the public welfare. Such contract suffers a except the right to collect the principal of the loan, were continued in
congenital infirmity, and this is its susceptibility to change by the force.
legislature as a postulate of legal order. (Home Bldg. and Loan Assn.
vs. Blaisdell)  Moratorium – a temporary prohibition of an activity
 Congenital – Present at birth (Illusorio vs. Court of Agrarian Relations) W/N a preexisting share
 Infirmity – physical or mental weakness tenancy contract could be validly converted by the tenants into leasehold
 Postulate – a thing suggested or assumed as true as the basis of tenancy in accordance with the provisions of a subsequent law. SC held
reasoning or belief. this was allowed: The impairment clause is restricted to contracts with
respect to property, or some object of value, and confer rights which may
• The legislature cannot bargain away the police power through the be asserted in a court of justice, and have no application to statutes
medium of a contract. Neither may private parties fetter the relating to public subjects within the domain of the general legislative
legislative authority by contracting on matters that are essentially powers of the State, and involving the public right and public welfare of
within the power of the lawmaking body to regulate. the entire community affected by it. It does not prevent proper exercise by
the State of its police power.
 Fetter – restrain
(Ortigas & Co. vs. Feati Bank) 2 lots sold by the petitioners on condition
(Stone vs. Mississippi) A franchise granted by the govt in exchange for that they were to be used only for residential purpose were subsequently
valuable consideration, for the operation of a lottery by a private corp., acquired by the respondent, which started erection of a commercial bldg
was in effect revoked when the legislature subsequently imposed a thereon. Petitioner sought to restrain such construction but the respondent
prohibition on all kinds of gambling within the sate. The measure was invoked a resolution adopted by the municipal council of Mandaluyong
sustained although the term of the franchise had not yet expired. declaring the area in which the lots were located a commercial and

42
industrial zone. SC upheld the respondent, the zoning resolution being a it may increase the debt of one and lessen security of another, or may
valid exercise of police power. impose add’l burdens upon one class and release the burdens of another,
still the tax must be paid unless prohibited by the Constitution, nor can it
(Lozano Case) SC rejected the challenge to BP No. 22 on the ground that be said that it impairs the obligation of any existing contract in its true
it contravened the impairment clause. The freedom of contract which is legal sense. (The North Missouri RR Co. vs. McGuire)
constitutionally protected is freedom to enter into ‘lawful’ contracts.
Contracts which contravene public policy are not lawful. Besides, checks But where a law grants a tax exemption in exchange for valuable
cannot be categorized as mere contracts, it forms a part of the banking consideration, such exemption is considered a contract and cannot be
system and therefore not entirely free from the regulatory power of the repealed because of the impairment clause. (Casanova vs. Hord)
state.
All other tax exemptions are not contractual and so may be revoked at will
(Tiro vs. Hontanosas) SC declared that a govt directive which in effect by the legislature
discontinued the assignment of the salaries of public school teachers to
their creditor was not offensive to the impairment clause because the CH APT ER 15
latter could still collect its loans after the salaries had been drawn by the EX POST FACTO LAWS
employees themselves.
Bill of Rights, Sec 22. No ex post facto law or bill of attainder shall
(Ganzon vs. Inserto) SC held that the clause would be violated by the be enacted.
substitution of a mortgage with a surety bond as security for the payment
of a loan as this would change the terms and conditions of the original EX POST FACTO LAW
mortgage contract over the mortgagee’s objection. (The change was made
by a decision of the trial court, which is not supposed to be covered by the • The equivalent of the impairment clause in criminal matters is the
term ‘law’ as used in the impairment clause.) prohibition against the passage of ex post facto law. Like the law
impairing the obligation of contracts, the ex post facto law operates
• Art 12, Sec 11 provides that no franchise to operate a public utility retroactively to affect antecedent acts.
shall be granted except under the condition that it shall be subject to • An ex post facto law is one that would make a previous act criminal
“amendment, alteration or repeal by the Congress when the common although it was not so at the time it was committed.
good so requires.” Such reservation is not at all necessary inasmuch
as the subject of the franchise is necessarily connected with the public (1) KINDS
welfare and so is embraced in the police power of the State.
1. Every law that makes criminal an act done before the passage of the
• Like police power, the powers pf eminent domain and taxation may law and which was innocent when done, and punishes such act.
validly limit the impairment clause. Example: A law passed in 2000 raising the age of seduction from
18 to 25 years, effective 1990.
(Long Island Water Supply Co. vs. Brooklyn) A private corp. 2. Every law that aggravates a crime, or makes it greater than it was
contracted to supply the town of New Lots with water for a period of 25 when committed.
yrs. The town was later annexed to the City of Brooklyn, which then Example: A law passed in 2000 designating the crime of homicide
sought to expropriate the properties and franchises of the plaintiff. US SC through reckless imprudence as murder, effective 1990.
sustained the expropriation: A contract is property and, like any other 3. Every law that changes punishment, and inflicts a greater punishment
property, may be taken for public use… subject to the rule of just than the law annexed to the crime when committed.
compensation. The condemnation proceedings do not impair the contract, Example: A law passed in 2000 increasing the penalty for libel
do not break its obligations, but appropriate it, as they do the tangible from prision correccional to prision mayor, effective 1990.
property of the company, to public uses. 4. Every law that alters the legal rules of evidence, and receives less or
different testimony than the law required at the time of the
A lawful tax on a new subject, or an increased tax on an old one, does not commission of the offense, in order to convict the offender.
interfere with a contract or impair its obligation within the meaning of the
Constitution. Even though such taxation may affect particular contracts, as
43
Example: A law passed in 2000 requiring for conviction mere

preponderance of evidence instead of proof beyond reasonable doubt, MEMORY JOGGLE! Habeas Corpus Provisions 
effective 1990. Art 7, Sec 18. The President shall be the Commander-in-Chief of all
5. Every law which, assuming to regulate civil rights and remedies only, armed forces of the Philippines and whenever it becomes necessary,
in effect imposes a penalty or the deprivation of a right for something he may call out such armed forces to prevent or suppress lawless
which when done was lawful. violence, invasion or rebellion. In case of invasion or rebellion, when
Example: A law passed in 2000 depriving professionals of the right the public safety requires it, he may, for a period not exceeding sixty
to practice for failure or refusal to vote, effective 1990. days, suspend the privilege of the writ of habeas corpus or place the
6. Every law which deprives persons accused of crime of some lawful Philippines or any part thereof under martial law. Within forty-eight
protection to which they have become entitled, such as the protection hours from the proclamation of martial law or the suspension of the
of a former conviction or acquittal, or of a proclamation of amnesty. privilege of the writ of habeas corpus, the President shall submit a
Example: A law passed in 2000 lengthening the period for report in person or in writing to the Congress. The Congress, voting
prescription of blackmail from 5 to 10 yrs, effective 1990. jointly, by a vote of at least a majority of all its Members in regular or
special session, may revoke such proclamation or suspension, which
revocation shall not be set aside by the President. Upon the initiative
(2) CHARACTERISTICS of the President, the Congress may, in the same manner, extend
1. Must refer to criminal matters such proclamation or suspension for a period to be determined by the
2. Must be retroactive in its application Congress, if the invasion or rebellion shall persist and public safety
3. Must be to the prejudice of the accused. requires it.
(Rep. vs. Fernandez) The War Profits Tax Law retroactively imposing The Congress, if not in session, shall, within twenty-four hours
taxes on properties and income acquired during the Japanese Occupation following such proclamation or suspension, convene in accordance
was not an ex post facto law as the prohibition applies only to criminal or with its rules without need of a call.
penal matters and not to laws which concern civil matters or proceedings
generally, or which affect or regulate civil or private rights. The Supreme Court may review, in an appropriate proceeding filed by
any citizen, the sufficiency of the factual basis of the proclamation of
(Bayot vs. Sandiganbayan) A law amended RA 3019 providing for the martial law or the suspension of the privilege of the writ of habeas
suspension pendente lite of any public officer or employee accused of corpus or the extension thereof, and must promulgate its decision
offenses involving fraudulent use of public funds or property, including thereon within thirty days from its filing.
those charged earlier. The amendment was not an ex post facto law even
if applied retroactively because the suspension was not punitive but A state of martial law does not suspend the operation of the
merely preventive. Constitution, nor supplant the functioning of the civil courts or
legislative assemblies, nor authorize the conferment of jurisdiction on
(Nuñez vs. Sandiganbayan) PD No 1606, creating the Sandiganbayan, military courts and agencies over civilians where civil courts are able
was held not a penal law and therefore not ex post facto. to function, nor automatically suspend the privilege of the writ of
• Similar rulings were made concerning habeas corpus proceedings and habeas corpus.
also the proclamation suspending the privilege of the writ of habeas
corpus, which was held to be not a statute within the contemplation of The suspension of the privilege of the writ of habeas corpus shall
Art 7, Sec 18. apply only to persons judicially charged for rebellion or offenses
inherent in, or directly connected with, invasion.
During the suspension of the privilege of the writ of habeas corpus,

any person thus arrested or detained shall be judicially charged
within three days, otherwise he shall be released.

44
 Lien – a right to keep possession of a property belonging to another

(US vs. Gomez Coronel) An information for adultery filed by the person until a debt owed by that person is discharged
prosecutor was dismissed by SC on the ground that at the time of the
alleged commission of the offense, prosecution could not be commenced BILL OF ATTAINDER
only on complaint of the offended spouse. It was held that the amendatory
law permitting the prosecutor to initiate the charge was ex post facto. (Justice Frankfurter) Frequently a bill of attainder was doubly
objectionable because of its ex post facto features. This is the historic
(People vs. Vilo) SC sustained the retroactive application to the accused explanation for uniting the two mischiefs in one clause… Therefor, is a
of an amendatory law allowing affirmation of the death sentence by only 8 statute is a bill of attainder, it is also an ex post facto law. But if it is not
justices although unanimity was required when the crime was committed an ex post facto law, the reasons that establish that it is not are
by the defendant. The majority decided that the amendment was merely persuasive that it cannot be a bill of attainder.
procedural in nature and so did not partake of the nature of an ex post
facto law. (1) CHARACTERISTICS
• A bill of attainder inflicts punishment without trial, its essence being
• Even if the law be penal and retroactive, it will still not be an ex post the substitution of legislative fiat for a judicial determination of guilt
facto law is it does not operate to the disadvantage of the accused.  Fiat – formal authorization or proposition
• A law providing for the carrying out of the death penalty by hanging
rather than by electrocution or the gas chamber, which are regarded • It is only when a statute applies either to name individuals or to easily
as less cruel methods of execution, will be subject to constitutional ascertainable members of a group in such a way as to inflict
prohibition. punishment on them without a judicial trial that it becomes a bill of
attainder.
(People vs. Ferrer) SC rejected the argument that the Anti-Subversion
Act was unconstitutional on the ground inter alia that it punished pas (Ferrer Case) Lower Court declared the Anti-Subversion Act a bill of
membership in the Communist Party and other similarly-oriented attainder because it pronounced “the guilt of the CPP without any of the
organizations. Court declared that the prohibition applied only to acts forms or safeguards of judicial trial” through:
committed ‘after the approval of this Act.’ Only those who ‘knowingly,
Anti-Subversion Act, Sec 2. The Congress hereby declares the
willfully and by overt acts affiliate themselves with, become or remain
Communist Party of the Philippines to be an organized conspiracy to
members of the CPP and/or its successors or of any subversive association’
overthrow the government of the Republic of the Philippines for the
after June 20, 1957, are punished. Those members were given opportunity
purpose of establishing in the Philippines a totalitarian regime and
of purging themselves of liability by renouncing in writing and under oath
place the Government under the control and domination of an alien
their membership. The law expressly provides that such renunciation shall
power. The said party and any other organization having the same
operate to exempt such persons from penal liability.
purpose and their successors are hereby declared illegal and outlawed.
(Rodriguez vs. Sandiganbayan) PD 1606 creating the Sandiganbayan
was held not to be an ex post facto law notwithstanding the petitioner’s SC reversed, holding that “when the Act is viewed in its actual operation, it
claim that he and his witnesses, who were living in CDO, would be will be seen that it does not specify the CPP or the members thereof for
incurring tremendous expenses in coming to and from his trial in Manila the purpose of punishment. What it does is simply to declare the Party to
where the Sandiganbayan was holding its hearings. The disadvantage or be an organized conspiracy for the overthrow of the govt… The term CPP is
inconvenience was only “limited and unsubstantial”. used solely for definitional purposes. The focus is not on individuals but on
conduct.” Their guilt still has to be judicially established. The govt has yet
(Katigbak vs. Solicitor General) Trial court declared certain acquisitions to prove at the trial that the accuse joined the Party knowingly, willfully
in 1953, 1954 and 1955 to be illegal under RA 1379 although made prior and by overt acts, and that they joined the Party, knowing its subversive
to the enactment of the law, and imposed a lien on the properties of the character.
Katigbaks thereon in favor of the govt in the sum of P100,000. Such a
disposition is constitutionally impermissible. (US vs. Lovett) A law contained a provision prohibiting payment from
public funds of compensation to the respondents, who were individually
named therein, except for jury or military service, unless they were
45
reappointed by the Pres with the advice and consent of the Senate. US SC 2. ex delicto – from a delict or tort
held: Section 304 clearly accomplished the punishment of named
individuals without judicial trial. The fact that the punishment is inflicted (Serafin vs. Lindayag) A criminal complaint was filed with respondent
through the instrumentality of an Act specially cutting the pay of certain judge charging that “the above-named accused with intent of gain did then
named individuals found guilty of disloyalty makes it no less galling or and there willfully, unlawfully and feloniously owe the sum of P1,500; that
effective than it if had been done by an Act which had designated the said amounts has long been due since Jan 28, 1971.” Although on the face
conduct as criminal. of this complaint mo criminal offense had been committed, the judge, after
a rather hasty prelim exam, issued a warrant for the arrest of the
(Garner vs. Board of Public Works of LA) An ordinance prohibited the defendant. SC annulled this act, declaring it to be violative of the
employment by the City of LA of any person which during the past 5 yrs prohibition against imprisonment for debt.
“advised, advocated or taught the overthrow of the govt of the US or of
California” or had been affiliated with any group doing such acts. The act (Sura vs. Martin) Earlier Case. Defendant in a civil action was ordered
also required every incumbent employee to execute an affidavit stating arrested for contempt of court because of his failure, owing to his
“whether or not he is or ever was a member of the Communist Party of the insolvency, to pay the plaintiff past and future support. SC held such
USA or of the Communist Political Assoc., and if he or ever was such a arrest invalid.
member, stating the date when he became, and the period during which
he was, such a member.” Challenged by 17 employees who were CRIME
discharged for refusal to comply with the requirement, the ordinance was A debtor can be validly punished in a criminal action if he contracted his
sustained by US SC: Punishment is a prerequisite of a bill of attainder. We debt through fraud. The act for which he is penalized is the deception he
are unable to conclude that punishment is imposed by a general regulation employed in securing the debt, not his default in paying it. The
which merely provides standards of qualification and eligibility for responsibility of the debtor arise not from the contract of loan, but ex
employment. delicto, i.e., from the commission of a crime. As his obligation does not
arise ex contractu, it is not considered a debt under this provision.
CH APT ER 16 (Lozano Case) The gravamen of the offense punished by BP 22 is the act
NON-IMPRISONMENT FOR DEBT of making and issuing a worthless check or a check that is dishonored
upon its presentation for payment. It is not the nonpayment of an
Bill of Rights, Sec 20. No person shall be imprisoned for debt or non-
obligation which the law punishes.
payment for a poll tax.
Motive is humanitarian.  Gravamen – the essence or most serious part of a complaint or
accusation
DEBT
Debt, as used in this provision, refers to any civil obligation arising from (People vs. Merillo) The accused was charged with violation of a law
contract, expressed or implied. requiring employers to pay the salaries of their employees at least once
every two weeks and providing that failure to do so shall be considered
(Ganaway vs. Quillen) The provision includes even debts obtained prima facie evidence of fraud committed through false pretenses. Against
through fraud since no distinction is made. the challenge that it violated the prohibition against imprisonment for
debt, SC held the law to be valid, since what is being punished is the fraud
• As long as the obligation to pay arise ex contractu, it is considered a or deceit of the employer who, being able to make payment, shall abstain
private matter between the creditor and the debtor and the punitive or refuse to do so without justification.
arm of the State cannot be employed in a criminal action to enforce
the former’s right. The remedy in this case is a civil action only for the • Where the debtor was convicted for the fraud he exercised in
recovery of the unpaid debt. obtaining the debt and made to refund the money illegally obtained
by him, his failure to do so could be punished with subsidiary
 Ex Contractu – from or out of a contract imprisonment. The subsidiary imprisonment, according to SC, was
In civil law, rights and causes of action are divided into 2 classes: part of the penalty upon him for the crime he committed and not for
1. ex contractu – from a contract his failure to pay his debt.
46
DEFINITION
(US vs. Cara) The accused was convicted of estafa and as part of his
penalty ordered to return the money and property he had (State vs. West) Involuntary servitude is the condition of one who is
misappropriated, SC held that the imposition of subsidiary imprisonment compelled by force, coercion, or imprisonment, and against his will, to
upon him in case of his failure to make reimbursement did not violate the labor for another, whether he is paid or not.
prohibition against imprisonment for debt.
The concept includes slavery, which is defines as “that civil relation in
• The pertinent law has since been amended, and now imposes which one man has absolute power over the life, fortune and liberty of
subsidiary imprisonment only for non-payment of fine if penalty of another,” and peonage, or “a condition of enforced servitude by which the
imprisonment involved does not exceed 6 yrs. servitor is restrained og his liberty and compelled to labor in liquidation of
• The suspension of a civil servant for failure to pay a just and admitted some debt or obligation, real or pretended, against his will.”
debt is an admin sanction and does not violate the prohibition against
imprisonment for debt. Intent of Sec 18(1): Avoid recurrence of the practice, employed to excess
by the past dictatorship, of arresting political critics and dissenters and
indefinitely detaining them without prior conviction and sometimes even
without the filing of charges against them, as a means of punishing them
POLL TAX for their opposition to the admin.
Since tax is not a debt but arise from the obligation of the person to
contribute his share in the maintenance of the govt, failure to pay the • Restraint of the individual so he can be compelled to work for
same can be validly punished with imprisonment. Exception: Failure to another, be it the govt or a private party, violate the constitutional
pay a poll tax. guaranty, subject to certain exceptions.
Poll Tax – A specific fixed sum levied upon every person belonging to a EXCEPTIONS
certain class without regard to his property or occupation.
“punishment for a crime whereof the party shall have been duly convicted”
• The prohibition is in tender regard of the millions of our impoverished
masses who cannot afford even the nominal cost of a poll tax like the A person may not as a rule be compelled to accept a public appointive
basic community tax certificate. office, but he cannot refuse so if the position is intended for the defense of
the State.
(People vs. Linsangan) At the time of the inclusion of the above rule in
the 1935 Constitution, appeal was pending for a person convicted of non- Art 2, Sec 4. The prime duty of the Government is to serve and
payment of the old cedula tax. Accused was favored by the provision. protect the people. The Government may call upon the people to
defend the State and, in the fulfillment thereof, all citizens may be
required, under conditions provided by law, to render personal,
military or civil service.
CH APT ER 17
INVOLUNTARY SERVITUDE (People vs. Zosa) SC upheld the National Defense Act, which requires
able-bodied 20-yr old males to undergo military training in preparation for
Bill of Rights, Sec 18. (1) No person shall be detained solely by their duty to defend the State.
reason of his political beliefs and aspirations.
(Robertson vs. Baldwin) Naval enlistment is also not covered by the
(2) No involuntary servitude in any form shall exist except as a prohibition. A person who enlists in the service of a merchant vessel may
punishment for a crime whereof the party shall have been duly be compelled to remain in such service until the end of the voyage for
convicted. which he was contracted. Otherwise, it would be possible for its crew to
desert the ship in a foreign port, making it difficult for the owners to
recruit new hands to continue the voyage and bring the vessel back to the
port of origin.
47
(US vs. Pompeya) Persons may be validly pressed into service under the
posse comitatus for the apprehension of criminals. SC declared that in the
pursuit of persons who have violated the law, such as brigands, the CH APT ER 18
authorities “might command all the male inhabitants of a certain age to THE WRIT OF HABEAS CORPUS
assist them.” This would be justified under police power.
• The writ is directed to the person detaining another, commanding him
 Posse Comitatus – (historical) the body of men in a county whom the to produce the body of the prisoner at a designated time and place,
sheriff could summon to enforce the law with the day and cause of his caption and detention, to do, to submit
to, and receive whatever the court or judge awarding the writ shall
(Kaisahan ng Manggagawa sa Kahoy vs. Gotamo Sawmills) Striking consider in his behalf. It is a high prerogative common law writ of
workers in industries affected with public interest, like the lumber industry ancient origin the great object of which is the liberation of those who
in this case, or public utilities such a slight and telephone companies, may may be in prison without sufficient cause.
be required to return to work pending settlement of the labor dispute. The
purpose of such compulsion is to prevent disruption, to the detriment of
the public, of essential services being performed by the strikers. WHEN AVAILABLE
• Liberty of an individual may be restored by habeas corpus where he is
Unemancipated minors come under the patria potestas: subjected to physical restraint, such as arbitrary detention.
Civil Code, Art 311. xxx Children are obliged to obey their parents
Moral restraint is a ground for the issuance of this writ, as where a
so long as they are under parental power, and to observe respect and
housemaid is prevented from leaving her employ because of the influence
reverence toward them always.
Thus a teenager who wants to go to a disco cannot invoke the Constitution of the person detaining her. (Caunca vs. Salazar)
against her mother, who insists that she spruce up her bedroom. 
A prisoner may secure his release if he was convicted by a court without
 Unemancipated - Not free from the authority of its parents jurisdiction or where his sentence has become invalid. E.g., A person
imprisoned for a crime of a political complexion during the Japanese
Occupation could demand his release on habeas corpus after restoration of
APPLICATION the legitimate govt, on the ground that his sentence had been
automatically extinguished. (Alcantara vs. Director of Prisons)
(Caunca vs. Salazar) SC released on habeas copus a housemaid who was
being detained and required to render domestic services in payment for The same right is available to a person sentenced to a longer penalty than
the money advance for her transportation from the province. that subsequently meted out to another person convicted of the same
offense. (Gumabon vs. Dir of Prisons)
Revised Penal Code, Art 274. Services rendered under compulsion in
payment of debt. — The penalty of arresto mayor in its maximum Habeas corpus may also be resorted to in case of unlawful denial of bail.
period to prision correccional in its minimum period shall be imposed (Zafra vs. City Warden)
upon any person who, in order to require or enforce the payment of a
debt, shall compel the debtor to work for him, against his will, as • Where the decision is tainted with only errors of law, a petition for
household servant or farm laborer. habeas corpus will not lie.
(Pollock vs. Williams) US SC declared unconstitutional a statute  Lie – be admissible or sustainable

providing that any person who receives an advance in consideration of his
promise to perform some work but subsequently fails or refuses to do so If the alleged error does not go to the jurisdiction of the court, the proper
shall be presumed prima facie to have induced the advance with intent to remedy would not be the prerogative writ but an ordinary appeal.
defraud. The effect of such presumption would be to compel him to (Celeste vs. People)
perform the work for fear of criminal prosecution, in violation of the
prohibition against involuntary servitude.
48
If the error denies the right to a speedy trial, the same is considered GROUNDS FOR SUSPENSION
jurisdictional and so may be corrected on habeas corpus. (Conde vs. The President is entrusted the power to suspend the privilege of the writ of
Rivera) habeas corpus. This power may be revoked by the Congress or the SC in
proper cases.
PROCEDURE
• It is not the writ itself but only it privilege that may be suspended.
Art 7, Sec 18. The President shall be the Commander-in-Chief of all
armed forces of the Philippines and whenever it becomes necessary,
• When an application for habeas corpus is filed and the court finds the
he may call out such armed forces to prevent or suppress lawless
petition in proper form, it will issue the writ as a matter of course,
violence, invasion or rebellion. In case of invasion or rebellion, when
ordering the production of the person allegedly detained and requiring
the public safety requires it, he may, for a period not exceeding sixty
the respondent to justify the detention. Only where the return of the
days, suspend the privilege of the writ of habeas corpus or place the
respondent shows that the person in custody is being held for a crime
Philippines or any part thereof under martial law. Within forty-eight
covered by the proclamation suspending the privilege of habeas
hours from the proclamation of martial law or the suspension of the
corpus and in a place where it is effective will the court dismiss the
privilege of the writ of habeas corpus, the President shall submit a
petition. In all other case, it will continue the proceedings to
report in person or in writing to the Congress. The Congress, voting
determine the validity of the person’s detention.
jointly, by a vote of at least a majority of all its Members in regular or
special session, may revoke such proclamation or suspension, which
Bill of Rights, Sec 15. The privilege of the writ of habeas corpus revocation shall not be set aside by the President. Upon the initiative
shall not be suspended except in cases of invasion or rebellion, when of the President, the Congress may, in the same manner, extend
the public safety requires it. such proclamation or suspension for a period to be determined by the
Congress, if the invasion or rebellion shall persist and public safety
requires it.
In the absence of “invasion or rebellion, when the public safety
requires it”, the privilege of the writ of habeas corpus may not be
The Congress, if not in session, shall, within twenty-four hours
suspended and the individual shall be entitled to the full protection of the
following such proclamation or suspension, convene in accordance
writ against any attempt to restrain him.
with its rules without need of a call.
The Supreme Court may review, in an appropriate proceeding filed by

any citizen, the sufficiency of the factual basis of the proclamation of
martial law or the suspension of the privilege of the writ of habeas
corpus or the extension thereof, and must promulgate its decision
thereon within thirty days from its filing.
A state of martial law does not suspend the operation of the

Constitution, nor supplant the functioning of the civil courts or
legislative assemblies, nor authorize the conferment of jurisdiction on
military courts and agencies over civilians where civil courts are able
to function, nor automatically suspend the privilege of the writ of
habeas corpus.
The suspension of the privilege of the writ of habeas corpus shall

apply only to persons judicially charged for rebellion or offenses
inherent in, or directly connected with, invasion.
During the suspension of the privilege of the writ of habeas corpus,

any person thus arrested or detained shall be judicially charged
within three days, otherwise he shall be released.
49
4. Within 48 hours after such suspension or proclamation, the Pres shall

personally or in writing report his action to the Congress.
• SC decidedly has the power to annul the suspension of the privilege if 5. If not in session, Congress shall convene within 24 hours following the
the same is not based on either of the 2 grounds: “invasion or proclamation or suspension.
rebellion, when the public safety requires it” 6. Congress may, by majority vote of all its members voting jointly,
revoke his action. The revocation may not be set aside by the Pres.
(Montenegro vs. Castañeda) In 1951, Pres Quirino based his suspension 7. By the same vote and in the same manner, Congress may, upon the
of the writ on “sedition” and “imminent danger of insurrection or initiative of the Pres, extend his suspension or proclamation for a
rebellion.” If he had not added the latter ground, which was listed in the period to be determined by Congress if the invasion or rebellion shall
1935 charter, SC would have invalidated such proclamation. continue and the public safety requires the extension.
8. The action of the Pres and Congress shall be subject to review by SC,
If the suspension is based on the grounds prescribed by the Constitution, which shall have the authority to determine the sufficiency of the
will SC have the competence to ascertain the existence of such grounds for factual basis of such action. This matter is no longer considered a
the purpose of determining the validity of the suspension? political question and may be raised in an appropriate proceeding.
Moreover, SC must decide the challenge within 30 days from the time
The determination by the Pres of the existence of any grounds prescribed it is filed.
by the Constitution for the suspension of the privilege should be conclusive 9. The challenge may be filed by any citizen.
upon the courts. The President, with all the intelligence sources available 10. Martial law does not automatically suspend the privilege of the writ or
to him as commander-in-chief, was in a better position than the SC to the operation of the Constitution. The civil courts and the legislative
ascertain the real state of peace and order in the country. (Barcelona vs. bodies shall remain open. Military courts and agencies are not
Baker, affirmed in Montenegro, abandoned in Lansang) conferred jurisdiction over civilians where the civil courts are
functioning.
(Lansang vs. Garcia) SC declared that it had the power to inquire into 11. The suspension of the privilege of the writ shall apply only to persons
the factual basis of the suspension of the privilege by Pres Marcos in Aug facing charges of rebellion or offenses inherent in or directly connected
1971 and to annul the same if no legal ground could be established. with invasion.
Accordingly, hearings were conducted to receive evidence on this matter, 12. Any person arrested for such offenses must be judicially charged
inc 2 closed-door sessions in which relevant classified info was divulged by therewith within 3 days. Otherwise he shall be released.
the govt to the members of the Court and 3 selected lawyers of the
petitioners. In the end, a unanimous Court, after satisfying itself that there While the Pres may suspend the privilege or impose martial law for not
was actually a massive and systematic Communist-oriented campaign to more than 60 days, Congress may, on his initiative, extend such measures
overthrown the PR by force, as claimed by the Pres, decided to uphold the with the concurrence of only a majority of its members voting jointly, the
suspension. same vote needed to revoke the presidential acts. The extension in this
case may be indefinite, depending upon the discretion of the legislature,
(Garcia vs. Enrile) SC revived the Montenegro doctrine. The suspension which may be dictated by the President.
of the privilege was a political question to be resolved solely by the Pres.
THE ILAGAN V S. ENRILE CASE
• Article 7, Section 18 constitutionalized the Lansang doctrine. On May 10, 1985, Atty. Ilagan was arrested by the military on the
basis of a mission order allegedly issued by the Ministry of National
Extent of the President’s military powers: Defense, signed by Gen. Echevarria. On the same day, Atty. Arellano,
1. He may call out the armed forces to prevent or suppress lawless while visiting his colleague at the detention camp, was also arrested. On
violence, invasion or rebellion only. May 13, upon hearing that he was also wanted, Atty. Risonar went to the
2. The grounds for the suspension of the privilege of the writ and the military camp to verify the report and was also arrested, likewise on the
proclamation of martial law are now limited to invasion or rebellion, same basis.
when the public safety requires it. A petition for habeas corpus was then filed on behalf of the 3
3. The duration of such suspension or proclamation shall not exceed 60 lawyers by the IBP, FLAG (Free Legal Assistance Group) and MABINI
days, following it shall be automatically lifted. (Movement of the Attorneys for Brotherhood, Integrity and Nationalism).
The writ was issued on May 16, and in the return the respondents
50
contended that the detainees were covered by a preventive detention

action issued against them on Jan 25, 1985, that the privilege was
suspended as to them; and that courts lacked the authority to inquire into CH APT ER 19
the cause and validity of their detention. There was further insinuation SPEEDY DISPOSITION OF CASES
that the detained lawyers were involved in subversive acts.
For lack of evidence linking them to such acts, SC ordered their Justice delayed is justice denied.
temporary release. The detainees were not released however.
On May 27, 1985, respondents filed an urgent motion for Bill of Rights, Sec 16. All persons shall have the right to a speedy
reconsideration of the Court’s order, reiterating its lack of jurisdiction disposition of their cases before all judicial, quasi-judicial, or
because of the suspension of the privilege, and declaring that, while there administrative bodies.
was an order of the Court for the release of the detainees, there was also Thus,
a PDA directing their detention, which was binding on the respondents. 1. SC is permitted to temporarily assign a judge from one station to
On the following day, respondents filed an urgent another when the public interest so requires, as when there is a
motion/manifestation stating that an information for rebellion was filed on necessity for a less occupied judge to help a busier colleague in
May 27, 1985, against the detained attorneys before the RTC of Davao and another district. [Art 8, Sec 5(3)]
that a warrant of arrest had been issued against them; hence, the petition 2. It is required that the rules of court to be promulgated by SC “shall
should be dismissed for having become moot and academic. SC agreed provide a simplified and inexpensive procedure for the speedy
with the military and granted the motion. disposition of cases.” [Art 8, Sec 5(5)]
Justice Teehankee in his dissent: The trial court was totally 3. Maximum periods are prescribed for the decision or resolution of
devoid and ousted of jurisdiction to issue a warrant of arrest because of cases:
the gross denial to petitioners of their constitutional right to due process
and the right to preliminary investigation. Art 8, Sec 15. (1) All cases or matters filed after the effectivity of
this Constitution must be decided or resolved within twenty-four
months from date of submission for the Supreme Court, and, unless
reduced by the Supreme Court, twelve months for all lower collegiate
courts, and three months for all other lower courts.
(2) A case or matter shall be deemed submitted for decision or

resolution upon the filing of the last pleading, brief, or memorandum
required by the Rules of Court or by the court itself.
(3) Upon the expiration of the corresponding period, a certification to

this effect signed by the Chief Justice or the presiding judge shall
forthwith be issued and a copy thereof attached to the record of the
case or matter, and served upon the parties. The certification shall
state why a decision or resolution has not been rendered or issued
within said period.
(4) Despite the expiration of the applicable mandatory period, the

court, without prejudice to such responsibility as may have been
incurred in consequence thereof, shall decide or resolve the case or
matter submitted thereto for determination, without further delay.
4. In the dispatch of admin cases:
Art 9-A, Sec 7. Each Commission shall decide by a majority vote of

all its Members, any case or matter brought before it within sixty
days from the date of its submission for decision or resolution. xxx

51
CH APT ER 21
FREE ACCESS TO COURTS CITIZENS OF THE PHILIPPINES
Art 4, Sec 1. The following are citizens of the Philippines:

Bill of Rights, Sec 11. Free access to the courts and quasi-judicial [1] Those who are citizens of the Philippines at the time of the
bodies and adequate legal assistance shall not be denied to any adoption of this Constitution;
person by reason of poverty.
[2] Those whose fathers or mothers are citizens of the Philippines;
• Laurel Law permits the provincial release of the accused without the
necessity of posting bail under certain conditions. [3] Those born before January 17, 1973, of Filipino mothers, who
elect Philippine citizenship upon reaching the age of majority; and
• IBP provides deserving indigents with free legal aid, inc
representation in court, and similar services are available from DOJ to [4] Those who are naturalized in accordance with law.
litigants who cannot afford retained counsel, like the accused in a
criminal case who can ask for the assistance of counsel de oficio.
(1) CITIZENSHIP UNDER THE 1935 CONSTITUTION
• Reference of [1] is specifically to those who were citizens of the Phil
under the 1935 Constitution, to wit:
CH APT ER 2 2 1935, Art 4, Sec 1. The following are citizens of the Philippines:
CITIZENS OF THE PHILIPPINES
(1) Those who are citizens of the Philippine Islands at the time of the
• Citizenship is membership in a political community with all its adoption of this Constitution.
concomitant rights and responsibilities.
• Citizens, natural born or naturalized, enjoy certain exclusive rights, (2) Those born in the Philippine Islands of foreign parents who,
such as the rights to vote, to run for public office, to exploit natural before the adoption of this Constitution, had been elected to public
resources, to operate public utilities, to administer educational office in the Philippine Islands.
institutions, and to manage the mass media.
• All constitutional offices are now open only to natural-born citizens (3) Those whose fathers are citizens of the Philippines.
and barred to the naturalized Filipino.
• Most common method of acquisition of citizenship is by birth: (4) Those whose mothers are citizens of the Philippines and, upon
1. Jus Sanguinis – by virtue of blood relationship reaching the age of majority, elect Philippine citizenship.
2. Jus Soli – by virtue of the place of birth
(5) Those who are naturalized in accordance with law.
E.g. A child born of Filipino father is a citizen of the Phils under the jus
sanguinis regardless of his place of birth. But if that child was born in the • Also included are those who were considered or became citizens of
US, he could also claim American citizenship on the basis of jus soli, which the Philippines under the 1973 Constitution so long as they retained
is observed in that country. their Phil citizenship on Feb 2, 1987, when the new Constitution was
adopted.
• Jus Sanguinis is the basis for the acquisition of Phil citizenship

52
(2) CHILDREN OF FILIPINO PARENTS

• The child is considered a natural-born Filipino citizen provided either Derivative Naturalization is conferred:
of his parents is a Filipino citizen. 1. On the wife of the naturalized husband;
2. On the minor children of the naturalized parent;
• This is of prospective application only, beginning on the date of 3. On the alien woman upon marriage to a national.
effectivity of the 1973 Constitution (January 17, 1973), where it was
first adopted. • Derivative naturalization does not always follow as a matter of course,
for it usually made subject to stringent restrictions and conditions.
(3) ELECTION OF PHILIPPINE CITIZENSHIP E.g., our own laws provide that an alien woman married to a Filipino
• Right of election is available only to those born to Filipino mothers shall acquire his citizenship only if she herself might be lawfully
under the 1935 Constitution who, had that charter not been changed, naturalized.
would have been able to elect Phil citizenship upon attaining majority
age. A. PROCEDURE
E.g.: A child born in 1970, of an alien father and a Filipino mother, could 1. 1 year before he files his petition for naturalization, the applicant shall
still exercise election after he reached majority age in 1988, althou the file with the Office of the Solicitor General a declaration of his intention
1935 Constitution was no longer in force. to be a citizen of the Phils. Purpose: to enable the govt to make initial
investigations into his circumstances to determine, at least tentatively,
If for some reason the Filipino mother lost her citizenship upon marriage to his fitness for Phil citizenship and to test his sincerity.
a foreigner, the right of election – which would have been available if the 2. The petition for naturalization is filed with the RTC of the province or
birth had occurred under the old Constitution – cannot be claimed by the city where the petitioner has reside for at least 1 year. The petition
offspring born under the new Constitution. The right of election was must state among other data the name or names of the petitioner, his
available only if the Filipino mother’s child was born before the 1973 various places of residence in the Phils, the date of his arrival, his
Constitution took effect. occupation, his date and place of birth, the name and personal
circumstances of his wife and children, if any, besides the allegations
• The provision had only transitory operation ending after children born that he possesses the qualifications and none of the disqualifications
to Filipino mothers up to noon of January 17, 1973, shall have availed for naturalization.
themselves of the right of election. 3. Upon receipt of the petition, the clerk of court shall have the duty of
publishing the same in the Official Gazette and in one newspaper of
• This right could be exercised ordinarily only within 3 yrs from general circulation in the province or city once a week for three
attainment of the majority age of 18, or only up to January 17, 1994. consecutive weeks and to post notices thereof and of the hearing. This
requirement is jurisdictional and non-observance thereof will render all
(4) NATURALIZATION the proceedings null and void.
Naturalization – process by which a foreigner acquires, voluntarily or by 4. At least 6 months after the last publication, but in no case within 30
operation of law, the citizenship of another state. May be direct or days before any election, the hearing shall begin, at which the
derivative. petitioner shall establish all the allegations of his petition, to be
corroborated by at least 2 credible witnesses. RP shall be represented
Direct Naturalization is effected: by the Solicitor General or his authorized rep, who may be the
1. By individual proceedings, usually judicial, under general provincial or city prosecutor.
naturalization laws; 5. If the petitioner is able to prove that he has all the qualifications and
2. By special act of the legislature, often in favor of distinguished none of the disqualifications for naturalization, his petition shall be
foreigners who have rendered some notable service to the local granted and the decision shall become final after 30 days from notice.
state; 6. It shall become executory only after a period of 2 years during which
3. By collective change of nationality (naturalization en masse) as a the petitioner shall continue to be under probation, as it were, so the
result of cession or subjugation; govt can be doubly sure he is entitled to be naturalized as a citizen of
4. In some cases, by adoption of orphan monitors as nationals of the the Phils.
State where they are born.
53
7. Following the 2-year probation period, the applicant may apply for branches of education or industry for a period of not less than 2 years;
administration of oath of citizenship in accordance with the decision and
approving his petition for naturalization. The court shall grant this 5. Having been born in the Phils.
motion provided it is established that the petitioner has not left the DISQUALIFIED PERSONS:
Phils, has devoted himself to a lawful calling, has not been convicted of 1. Those opposed to organized govt or affiliated with any assoc or group
any violation of law and has not committed any act in contravention of of persons who uphold and teach doctrines opposing all organized
any govt-announced policy. govt;
8. The last step is the administration of the oath of citizenship, by virtue 2. Those defending or teaching the necessity or propriety of violence,
of which the petitioner shall embrace Phil citizenship and renounce personal assault, or assassination for the success and predominance of
allegiance to any foreign state. their ideas;
3. Polygamists or believers in the practice of polygamy;
4. Those convicted of crimes involving moral turpitude;
QUALIFICATIONS: 5. Those suffering from mental alienation or incurable contagious
- must be possessed by him at the time he applies foe naturalization and diseases;
not subsequently. 6. Those who, during the period of their residence in the Phils, have not
1. He must be not less than 18 yrs on the date of the hearing of the mingled socially with the Filipinos, or who have not evinced a sincere
petition. desire to learn and embrace the customs, traditions, and ideals of the
2. He must have resided in the Philippines for a continuous period of not Filipinos.
less than 10 years. 7. Citizens or subjects of a foreign country whose laws do not grant
3. He must be of good moral character and believe in the principles Filipinos the right to become naturalized citizens or subjects thereof.
underlying the Phil Constitution, and must have conducted himself in a
proper and irreproachable manner during the entire period of his B. EFFECTS
residence in the Phils in relation with the constituted govt as well as • Naturalization shall confer upon the petitioner all the rights of a Phil
the community in which he is living. citizen except only those reserved by the Constitution to natural-born
4. He must own real estate in the Phils worth not less than 5,000 pesos, citizens. It shall also vest Phil citizenship upon his wife if she might
Phil currency, or must have some known lucrative trade, profession or herself be lawfully naturalized.
lawful occupation.
5. He must be able to speak and write English or Spanish and any of the
• His minor children born in the Phils shall also be considered citizens of
the Phils.
principal Phil languages.
6. He must have enrolled his minor children of school age in any of the • The minor children born outside the Phils who was residing in this
public schools or private schools recognized by the Office of Private country at the time of the naturalization of the petitioner shall also be
Education in the Phils, where Phil history, govt and civics are taught or considered a Filipino.
prescribed as part of the school curriculum during the entire period of • If born outside the Phils before his parent’s naturalization, the minor
the residence in the Phils required of him prior to the hearing of his child shall be considered a citizen of the Phils only during his minority
petition for naturalization. unless he begins to reside permanently in the Phils while still a minor.
• If born outside of the Phils after his parent’s naturalization, the minor
The 10-year residence requirement is reduced to 5 years when the child shall be considered a citizen of the Phils provided he registers as
applicant possesses any of the ff special qualifications: such before any Phil consulate within 1 year after attaining majority
1. Having honorably held office under the Phil govt or under that of any age and takes the oath of allegiance.
of the provinces, cities, municipalities, or political subdivisions thereof;
2. Having established a new industry or introduced a useful invention in C. REVOCATION
the Phils; A person may be denaturalized on petition of the Solicitor General on the ff
3. Being married to a Filipino woman; grounds:
4. Having been engaged as a teacher in the Phils in a public or 1. That his certificate of naturalization was obtained fraudulently;
recognized private school not established for the exclusive instruction 2. That he established his permanent residence abroad within 5 years
of children of persons of a particular nationality or race, in any of the after his naturalization;
3. That the petition was based on an invalid declaration of intention;
54
4. That his minor children failed to comply with the educational MIXED MARRIAGES
requirements through his fault or neglect; or
5. That he allowed himself to be used as a dummy in violation of our Art 4, Sec 4. Citizens of the Philippines who marry aliens shall retain
naturalization laws. their citizenship, unless by their act or omission, they are deemed,
under the law, to have renounced it
RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO. 9139,

OTHERWISE KNOWN AS “THE ADMINISTRATIVE NATURALIZATION For an alien woman who marries a Filipino:
LAW OF 2000” C.A. No. 473, Sec 15: Any woman who is now or may hereafter be
Sec 19. Revocation of the Certificate of Naturalization. – The married to a citizen of the Phils, and who might herself be lawfully
Committee may revoke or cancel the Certificate of Naturalization naturalized, shall be deemed a citizen of the Phils.
issued under the Act, motu proprio or upon complaint by any person,
after due notice and summary hearing, in the following cases: • The phrase “who might herself be lawfully naturalized” means that
the alien woman must not be laboring under any of the
(a) If the Committee finds that the naturalization person or his duly disqualifications. Moreover, she can establish her claim to Phil
authorized representative made any false statement or citizenship in admin proceedings before the immigration authorities
misrepresentation or committed any violation of law, rules and only and will not have to file a judicial action for this purpose. Unlike
regulations in connection with the petition for naturalization, or if he before, she no longer needs to prove as well that she possesses all
otherwise obtains Philippine citizenship fraudulently or illegally; the qualifications.
(b) If the naturalized person or his wife, or any of his minor children (Moy Ya Lim Yao vs. Commission of Immigration) An alien woman
who acquired Philippine citizenship by virtue of his naturalization marrying a Filipino, native-born or naturalized, becomes ipso facto a
shall, within five (5) years next following the grant of Philippine Filipina provided she is not disqualified to be a citizen of the Phils.
citizenship, establish permanent residence in a foreign country, that Likewise, an alien woman married to an alien who is subsequently
individual’s certificate of naturalization or acquired Philippine naturalized here follows the Phil citizenship of her husband the moment he
citizenship shall be revoked: Provided, That the fact of such person’s takes his oath as Filipino citizen, provided that she does not suffer from
remaining for more than one (1) year in his country of origin, or two any of the disqualifications.
(2) years in any foreign country, shall be considered prima facie
evidence of intent to permanently reside herein;
(c) If the naturalized person or his wife who acquired citizenship

allows himself or herself to be used as a dummy in violation of any
constitutional or legal provision requiring Philippine citizenship as a
condition for the exercise, use or enjoyment of any right, franchise or
privilege; and
(d) If the naturalized person or his wife or child who acquired

Philippine citizenship commits any act inimical to national security.
• Revocation on grounds affecting the intrinsic validity of the

proceedings shall divest the wife and children of their derivative
naturalization.
• But if the ground was personal to the denaturalized Filipino, as where
he permanently resided in a foreign country after his naturalization,
his wife and children shall retain their Phil citizenship.

55
LOSS AND REACQUISITION OF CITIZENSHIP
CA No 63, SEC 1. How citizenship may be lost. - A Filipino citizen

CA No 63, Sec. 2. How citizenship may be reacquired. -
may lose his citizenship in any of the following ways and/or events:
Citizenship may be reacquired:
(1) By naturalization in a foreign country;
(2) By express renunciation of citizenship;
(1) By naturalization: Provided, That the applicant possess none of
(3) By subscribing to an oath of allegiance to support the constitution or
the disqualifications prescribed in section two of Act Numbered
laws of a foreign country upon attaining twenty-one years of age or
Twenty-nine hundred and twenty-seven ( Naturalization Law)
more: Provided, however, That a Filipino may not divest himself of
(2) By repatriation of deserters of the Army, Navy or Air Corps:
Philippine citizenship in any manner while the Republic of the
Provided, That a woman who lost her citizenship by reason of her
Philippines is at war with any country.
marriage to an alien may be repatriated in accordance with. the
(4) By rendering services to, or accepting commission in, the armed
provisions of this Act after the termination of the marital status;
forces of a foreign country, and the taking of an oath of allegiance
and
incident thereto, with the consent of the Republic of the Philippines,
(3) By direct act of the National Assembly ( Congress).
shall not divest a Filipino of his Philippine citizenship if either of the
following circumstances is present:
(a) The Republic of the Philippines has a defensive and/or offensive  Repatriate – sending someone back to his own country
pact of alliance with the said foreign country; or
(b) The said foreign country maintains armed forces on Philippine (Bengson vs. House of Rep Electoral Tribunal) Cruz, a natural-born
territory with the consent of the Republic of the Philippines: Filipino, enlisted in the US armed forces in 1985, thus lost his Phil
Provided, That the Filipino citizen concerned, at the time of citizenship, and was subsequently naturalized as an American citizen in
rendering said service, or acceptance of said commission, and 1990. In 1994, he was repatriated under RA 2630, and was elected in
taking the oath of allegiance incident thereto states that he does 1998 to the House of Rep. His citizenship was questioned on the ground
so only in connection with his service to said foreign country: And, that it was acquired thru repatriation, thus he was not a natural-born
Provided, finally, That any Filipino citizen who is rendering service citizen, as required of the members of Congress, because the Constitution
to, or is commissioned in, the armed forces of a foreign country defines natural-born citizens as “those who are citizens of the Phils from
under any of the circumstances mentioned in paragraph (a) or (b). birth without having to perform any act to acquire or perfect their Phil
shall not be permitted to participate nor vote in any election of the citizenship.”
Republic of the Philippines during the period of his service SC rejected the challenge, holding that Cruz was deemed to have
suspended to, or commission in, the armed forces of said foreign recovered his original status as a natural-born citizen, a status he acquired
country. Upon his discharge from the service of the said foreign at birth as the son of a Filipino father. The act of repatriation allowed him
country, he shall be automatically entitled to the full enjoyment of to recover or return to his original status.
his civil and political rights as a Filipino citizen; (As amended by R.
A. 106, R. A. 2639 and R. A. 3834). NATURAL-BORN CITIZENS
(5) By cancellation of the certificates of naturalization;
(6) By having been declared by competent authority, a deserter of the Art 4, Sec 2. Natural-born citizens are those who are citizens of the
Philippine armed forces in time of war, unless subsequently, a Philippines from birth without having to perform any act to acquire or
plenary pardon or amnesty has been granted; and perfect their Philippine citizenship. Those who elect Philippine
(7) In the case of a woman, upon her marriage to a foreigner if, by citizenship in accordance with paragraph (3), Section 1 hereof shall
virtue of the laws in force in her husband's country, she acquires his be deemed natural-born citizens.
nationality. Art 4, Sec 1. The following are citizens of the Philippines:
The provisions of this section notwithstanding, the acquisition of [3] Those born before January 17, 1973, of Filipino mothers, who
citizenship by a natural born Filipino citizen from one of the Iberian and elect Philippine citizenship upon reaching the age of majority;
any friendly democratic countries or from the United Kingdom shall not
produce loss or forfeiture of his Philippine citizenship if the law Of that
0. [4] Those who are naturalized in accordance with la
country grants the same privilege to its citizens and such had been
agreed upon by treaty between the Philippines and the foreign country
from which citizenship is acquired.
56
DUAL ALLEGIANCE
(Mercado vs. Manzano) Respondent’s election as vice mayor was

questioned under a provision disqualifying him from any elective local
office for having dual citizenship. Manzano was born in the US of Filipino
parents and was therefore a Filipino under the jus sanguinis and also an
American under the jus soli. SC found, however, that upon attaining
majority age, he voted in the 1992, 1995 and 1998 elections, thereby
effectively electing Phil citizenship in accordance with the 1935
Constitution and ceasing to be a dual citizen.
Art 4, Sec 5. Dual allegiance of citizens is inimical to the national

interest and shall be dealt with by law.
 Inimical – tending to obstruct or harm
SC has held that the above provision is not against dual citizenship but
dual loyalty, such as often manifested by naturalized Filipinos who, while
professing allegiance to their adoptive land, retain their allegiance to their
native land and even involve themselves in its political affairs. However,
such policy has never been implemented by Congress.

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usurpation of the majesty or law by the pretenders to illegitimate

 Expediency – means of attaining an end, esp. one that is convenient but

Note! Classification of constitutions:

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3. As announced in Frantz vs. Autry, as long as it exists and

(Gonzales vs. Comelec) Issue: Validity of the submission of certain

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(Lutz vs. Araneta) SC sustained as legitimate exercise of police power

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e.g. If massage parlors are found to be mere fronts of prostitution,

 Ad Valorem Tax – A tax imposed on the value of the property. (e.g. a

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(Punzalan vs. Municipal Board of Manila) Defendant levied an add’l tax

MEANING OF DUE PROCESS

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(Marcos vs. Garchitorena) W/N petitioners could be declared in default 2) EXCEPTIONS

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REQUISITES OF A VALID WARRANT

Several informations were filed by the petitioning prosecutors who

(People vs. Court of Appeals) Warrant was described “a scatter-shot

(Pita vs. Court of Appeals) After making an extensive exposition of the

 Smut – obscene or lascivious talk, writing or pictures

(2) Determination of Probable Cause

(Collector of Customs vs. Villaluz) This power is derived by the judge

In (Amarga vs. Abbas) SC upheld the competence of the prosecutor in

Consti 2 ---------------------------------------------------------------------- Analia Consti 2 ---------------------------------------------------------------------- Analia

of the existence of probable cause. The judge is not required to personally

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• An accused is estopped from questioning the legality of his arrest where

(Rubi vs. Provincial Board of Mindoro) Respondents were justified in

• Religion embraces matters of faith and dogma, as well as doubt,

 Dogma - any system of established principles and tenets.

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(Cantwell vs. Connecticut) A statute made it punishable for any one to

• The agreement may be executed or executory. IMPAIRMENT

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Example: A law passed in 2000 requiring for conviction mere

During the suspension of the privilege of the writ of habeas corpus,

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 Lien – a right to keep possession of a property belonging to another

(Pollock vs. Williams) US SC declared unconstitutional a statute  Lie – be admissible or sustainable

The Supreme Court may review, in an appropriate proceeding filed by

A state of martial law does not suspend the operation of the

The suspension of the privilege of the writ of habeas corpus shall

During the suspension of the privilege of the writ of habeas corpus,

4. Within 48 hours after such suspension or proclamation, the Pres shall

contended that the detainees were covered by a preventive detention

(2) A case or matter shall be deemed submitted for decision or

(3) Upon the expiration of the corresponding period, a certification to

(4) Despite the expiration of the applicable mandatory period, the

Art 9-A, Sec 7. Each Commission shall decide by a majority vote of