MODULE 1: INTRODUCTION TO LAW RELATED STUDIES American one, became operative.

The system called for a President to be

LESSON 1: CONSTITUTIONS OF THE REPUBLIC OF THE PHILIPPINES elected at large for a 4-year term (subject to one re-election), a bicameral
Congress, and an independent Judiciary.
Constitutional History Independence to Martial Law
The Philippines had long been used as a trading port in Asia, and this led From the moment of independence, Filipino politics have been plagued
to their colonization by the Spanish and later by the Americans. The Spanish by the twin demons of corruption and scandal. Notwithstanding, Presidents
converted most of the population to Catholicism and the religion remains the Ramon Magsaysay (1953-57), Carlos Garcia (1957-61), and Diosdado
dominant one in the country. During the later part of more than 300 years of Macapagal (1961-65) managed to stabilize the country, implement domestic
Spanish rule, nationalist sentiment began to grow among groups of Indios reforms, diversify the economy, and build Philippine ties not only to the United
(which was how the Spanish referred to the Filipinos), fueled in large measure States, but also to its Asian neighbors.
by the writings of national hero Jose Rizal (later executed by the Spanish Ferdinand Marcos was elected president in 1965 and was re-elected in
authorities) and other ilustrados (the Filipino intellegensia). A revolution was 1969, the first president to be so re-elected. Desirous of remaining in power
launched against Spain and the revolutionaries declared Philippine beyond his legal tenure, he declared martial law in 1972, just before the end of
independence in Kawit, Cavite on June 12, 1898. What became known as the his second and last term, citing a growing communist insurgency as its
Malolos Congress was convened on September 15, 1898 and the first Philippine justification. He then manipulated an ongoing Constitutional Convention and
Constitution, called the Malolos Constitution, was approved on January 20, caused the drafting of a new constitution – the 1973 Constitution –which
1899, ushering what is called the First Philippine Republic. In the Spanish- allowed him to rule by decree until 1978 when the presidential system of the
American War of 1898, the revolutionaries sided with the Americans, hoping 1935 Constitution was replaced with a parliamentary one. Under this new
that, with the defeat of Spain, independence would be granted by the US to system, Marcos held on to power and continued to govern by decree,
the Philippines. This, however, did not happen. After Spain ceded (or sold) the suppressing democratic institutions and restricting civil freedoms. In 1981,
islands to the United States in the Treaty of Paris, the US immediately martial law was officially lifted, but Marcos continued to rule by the expedient
proceeded to brutally suppress the Philippine independence movement. of being “re-elected” in a farce of an election to a new 6-year term. He
In 1916, the US passed the Jones Act which specified that continued to suppress dissent and thousands of vocal objectors to his rule
independence would only be granted upon the formation of a stable either mysteriously disappeared or were incarcerated. Despite economic
democratic government modelled on the American model, not the French decline, corruption allowed Marcos and his wife Imelda to live extravagantly,
model as the previous constitution had been. The US approved a ten-year causing resentment domestically and criticism internationally.
transition plan in 1934 and drafted a new constitution in 1935. World War II and The People’s Choice
the Japanese invasion on December 8, 1941, however, interrupted that plan. When opposition leader Benigno Aquino Jr. was assassinated upon
After heroic Filipino resistance against overwhelming odds finally ended with returning from exile in 1983, widespread outrage forced Marcos to hold “snap”
the fall of Bataan and Corregidor in 1942, a Japanese “republic” was elections a year early. The election was marked by fraud on the part of Marcos
established, in reality, a period of military rule by the Japanese Imperial Army. and his supporters but Marcos had himself declared the winner constitutionally,
A new constitution was ratified in 1943 by Filipino collaborators who were amidst international condemnation and nationwide domestic protests. A small
called the Kapisanan sa Paglilingkod ng Bagong Pilipinas (Kalibapi). An active
band of military rebels tried to mount a coup, which failed because of its
guerilla movement continued to resist the Japanese occupation. The discovery, but this triggered what became internationally celebrated as the
Japanese forces were finally defeated by the Allies in 1944 and this sorry “People Power” revolution, when droves of people spilled out onto the streets
chapter came to a close. to protect the rebels, eventually numbering well over a million. Under pressure
Philippine independence was eventually achieved on July 4, 1946. The from the United States, Marcos and his family fled into exile. His election
1935 Constitution, which featured a political system virtually identical to the
opponent, Benigno Aquino Jr.’s widow Corazon, was installed as president on by a direct vote, but the President may only serve one 6-year term. The
February 25, 1986. Cabinet, consisting of the President’s advisers and heads of departments, is
The 1987 Constitution appointed by the President and it assists him in his governance functions.
Aquino began her term by repealing many of the Marcos-era Legislative Branch
regulations that had repressed the people for so long. In March, she issued a The legislative power is vested in a Congress which is divided into two
unilateral proclamation establishing a provisional constitution. This constitution Houses, the Senate and the House of Representatives. The 24 members of the
gave the President broad powers and great authority, but Aquino promised to Senate are elected at large by a popular vote and can serve no more than
use them only to restore democracy under a new constitution. This new two consecutive 6-year terms. The House is composed of 250 elected
constitution was drafted in 133 days by an appointed Constitutional members. Most of these Representatives are elected by district for 3-year
Commission of 48 members and ratified by the people in a plebiscite held on terms, but 20% of the total membership is chosen in proportion to party
February 2, 1987. It was largely modelled on the American Constitution which representation. Besides the exclusive power to legislate, one of the most
had so greatly influenced the 1935 Constitution, but it also incorporated important powers of Congress is the ability to declare war, which it can
Roman, Spanish, and Anglo law. through a two-thirds vote in both houses. Even the power to legislate, however,
The 1987 Constitution established a representative democracy with is subject to an executive check. The President retains the power to veto a bill
power divided among three separate and independent branches of passed by both houses, and Congress may override this veto only with a two-
government: the Executive, a bicameral Legislature, and the Judiciary. There thirds vote in both houses.
were three independent constitutional commissions as well: the Commission on Judicial Branch
Audit, the Civil Service Commission, and the Commission on Elections. The Court system in the Philippines exercises the judicial power of
Integrated into the Constitution was a full Bill of Rights, which guaranteed government and it is made up of a Supreme Court and lower courts created
fundamental civil and political rights, and it provided for free, fair, and periodic by law. The Supreme Court is a 15-member court appointed by the President
elections. In comparison with the weak document that had given Marcos a without need for confirmation by Congress. Appointment, however, is limited
legal fiction behind which to hide, this Constitution seemed ideal to many to a list of nominees presented to the President by a constitutionally specified
Filipinos emerging from 20 years of political repression and oppression. Judicial and Bar Council. This Council consists of 7 members: the Chief Justice
Executive Branch of the Supreme Court, the Secretary of Justice, a representative from
The Executive branch is headed by the President and his appointed Congress, a representative of the Integrated Bar, a professor of law, a retired
Cabinet. The President is the head of the state and the chief executive, but he member of the Supreme Court, and a representative of the private sector. The
is subject to significant checks from the other branches, especially in times of first four serve for four years, the law professor for three, the retired Justice for
emergency, which, given the history of the country, was obviously intended to two, and the private sector representative for one year. The Supreme Court
be a safeguard against a repeat of Marcos’ martial law despotism. For Justices may hear, on appeal, any cases dealing with the constitutionality of
example, in cases of national emergency, the President can still declare any law, treaty, or decree of the government, cases where questions of
martial law, but not for a period longer than 60 days. Congress can revoke this jurisdiction or judicial error are concerned, or cases where the penalty is
decision by a majority vote, or it can also extend it for a period to be sufficiently grave. It may also exercise original jurisdiction over cases involving
determined by the Congress. Additionally, the Supreme Court can review the government or international officials. The Supreme Court also is charged with
declaration to decide if there were sufficient facts to justify martial law. The overseeing the functioning and administration of the lower courts and their
President can grant pardons and amnesty. He is also empowered to make or personnel.
accept foreign loans. He cannot, however, enter into treaties without the
consent of the Senate. The President and VicePresident are elected at large
Government Oversight Bodies situations resulting from the overlapping or conflict of the two realms. For
The Constitution also establishes three independent Constitutional example, while the government has the inherent authority to take and convert
Commissions. The Civil Service Commission acts as a central agency in charge a property for public use, and the people on the other have the right to hold
of government personnel. The Commission on Elections enforces and their private property, the Constitution, contemplating a case of overlap or
administers all election laws and regulations to ensure that they are free and conflict between the two, compromises both by prescribing that the
fair for all involved. Finally, the Commission on Audit examines all funds, government gives just compensation to the private owner who in turn must
transactions, and property accounts of the government and its agencies. surrender his property.
Each of these Commissions is given governing and financial autonomy from Meaning of the Bill of Rights
the other branches of government to ensure unbiased decision-making. All From the foregoing, it is not difficult to understand that the Bill of Rights
decisions made by these Commissions are reviewable by the Supreme Court. refers to the declaration and enumeration of the fundamental civil and
To further ensure the ethical and lawful functioning of the government, the political rights of a person with the primary purpose of safeguarding the person
Constitution also creates an Office of the Ombudsman to investigate from violations by the government, as well as by individuals and group of
complaints regarding public corruption, unlawful behaviour of public officials, individuals. It includes the protection of the following rights:
and other public misconduct. The Ombudsman can then charge such a) Civil rights or those rights belonging to individuals by virtue of their
misbehaving public officials before a special court called the Sandiganbayan. citizenship, such as freedom to contract, right to property, and marriage
The Ombudsman is also independent administratively and financially from the among others;
other branches of government, although the President is vested with the b) Political rights which are rights pertaining to the citizenship of the
power to appoint the Ombudsman and his Deputies (from a list also prepared individual vis-à-vis the administration of the government, such as right of
by the Judicial and Bar Council) for single 7-year terms. Only the House has the suffrage right to hold office, and right to petition for redress of wrong;
power to initiate impeachment of the President, the members of the Supreme c) Socio-economic rights or those which ensure the well-being and
Court, and a few other constitutionally protected public officials like the economic security of an individual; and
Ombudsman. The Senate is then supposed to try the impeachment case. Each d) Rights of the accused which refer to protections given to the person of
of these aforementioned independent agencies was created for the purpose an accused in any criminal case.
of promoting moral and ethical conduct in government. It must be noted that the restriction provided in the Bill of Rights is
directed against the government, so that it does not govern private relations.
LESSON 2: BILL OF RIGHTS As far as the Constitution is concerned, Article III can be invoked only against
The Bill of Rights (Article III) is an indispensable part of the Constitution. In the government. Nonetheless, with the inclusion of almost all the constitutional
fact, it is one of the most important parts of the fundamental law since it aims rights in Article 32 of the Civil Code, the same may now be invoked in civil
at balancing the power of the government and the various freedoms of the cases involving relations between private persons. Thus, the definition above
individual. As will be seen below, the Bill of Rights provide for two things: first, indicates that the bill of rights is a safeguard not just against the abuses of the
restrictions directed against the state, and, second, explicit identification and government but also of individuals or groups of individuals.
limitation of rights of the individuals. On the one hand, the government RIGHT TO DUE PROCESS AND EQUAL PROTECTION
exercises its tremendous powers, but its powers are limited by the Constitution. Life, Liberty, and Property
On the other hand, the individuals are guaranteed of their rights, but subject 1. Constitutional Provision. Section 1, Article III of the Constitution states
also to limitations in recognition of the powers of the government. What “No person shall be deprived of life, liberty, or property without due
balances the two (power and freedom) are the limitations provided by the process of law, nor shall any person be denied the equal protection of
Constitution, which limitations are by nature compromises or solutions to
 the laws.” The provision speaks of “due process” and “equal the absence of property and a good quality of life, the ability to do
protection.” what one wants is impeded.
2. Scope of Protection. The protection covers all persons, whether citizens 5. Hierarchy of Rights. While the rights are intimately related, they have a
or aliens, natural or juridical. hierarchy. As to their order of importance, right to life comes first,
3. Meaning of Life, Liberty, and Property. Due process and equal followed by right to liberty, and then right of property.
protection cover the right to life, liberty, and property. It is important Due Process
therefore to know the meaning of the three. 1. Meaning. Due process of law is a constitutional guarantee against hasty
a) Life. When the constitution speaks of right to life, it refers not just and unsupported deprivation of some person’s life, liberty, or property
to physical safety but also to the importance of quality of life. by the government. While is it true that the state can deprive its citizens
Thus, right to life means right to be alive, right to one’s limbs of their life, liberty, or property, it must do so in observance of due
against physical harm, and, equally important, right to a good process of law. This right is “the embodiment of the supporting idea of
quality of life. Life means something more than mere animal fair play” and its essence is that it is “a law which hears before it
existence. condemns, which proceeds upon inquiry and renders judgment only
b) Liberty. It includes “negative” and “positive” freedom. Negative after trial.”
freedom means freedom from, or absence of, physical 2. When Invoked. The right is invoked when the act of the government is
constraints, while positive freedom means freedom to exercise arbitrary, oppressive, whimsical, or unreasonable. It is particularly
one’s faculties. Right to liberty therefore includes the two aspects directed against the acts of executive and legislative department.
of freedom and it cannot be dwarfed into mere freedom from 3. Two Aspects of Due Process. Due process of law has two aspects:
physical restraint or servitude but is deemed to embrace the right procedural and substantive. Basically, the procedural aspect involves
of man to enjoy his God-given faculties in all lawful ways, to live the method or manner by which the law is enforced, while the
and work where he will, to earn his livelihood by any lawful substantive aspect involves the law itself which must be fair, reasonable,
calling, to pursue any vocation, and enter into contracts. and just.
c) Property. It refers either to the thing itself or right over the thing. As 4. Procedural due process requires, essentially, the opportunity to be
a thing, property is anything capable of appropriation, and it heard in which every citizen is given the chance to defend himself or
could be personal or real. As a right, it refers to right to own, use, explain his side through the protection of general rules of procedure. It
possess, alienate, or destroy the thing. The constitution uses contemplates notice and opportunity to be heard before judgment is
property in the sense of right, and as such it includes, among rendered.
others, right to work, one’s employment, profession, trade, and In judicial proceedings, the requirements of procedural due process
other vested rights. It is important to note however that privileges are:
like licenses are not protected property; but they may evolve into (a) An impartial or objective court or tribunal with jurisdiction over
a protected right if much is invested in them as means of the subject matter;
livelihood. Public office is not also a property; but to the extent (b) Court with jurisdiction over the person of the defendant or the
that security of tenure cannot be compromised without due property which is the subject of the proceeding;
process, it is in a limited sense analogous to property. (c) Defendant given the opportunity to be heard (requirement on
4. These rights are intimately connected. For example, if one’s property notice and hearing); and
right over employment is taken away, the same will adversely affect (d) Judgment rendered after lawful hearing.
one’s right to life since quality of living is jeopardized. Consequently, in
 Since some cases are decided by administrative bodies, the Court also public need or for practical reasons. It is also sufficient that
provides requirements of procedural due process in administrative subsequent hearing is held if the same was not previously
proceedings. These requirements, also known as “seven cardinal satisfied.
primary rights,” are: 6. Substantive due process requires that the law itself is valid, fair,
(a) The right to a hearing, where a party may present evidence in reasonable, and just. For the law to be fair and reasonable it must have
support of his case; a valid objective which is pursued in a lawful manner. The objective of
(b) The tribunal must consider the evidence presented; the government is valid when it pertains to the interest of the general
(c) The decision of the tribunal must be supported by evidence; public, as distinguished from those of a particular class. The manner of
(d) The evidence must be substantial. Substantial evidence is such pursuing the objective is lawful if the means employed are reasonably
relevant evidence as a reasonable mind might accept as necessary and not unduly oppressive.
adequate to support a conclusion; 7. Under the doctrine of void for vagueness, a statute or law that is vague
(e) The evidence must have been presented at the hearing, or at is void because it violates the rights to due process. A statute is vague
least contained in the record and known to the parties affected; when it lacks comprehensible standards which men of ordinary
(f) The tribunal or body or any of its judges must rely on its own intelligence must necessarily know as to its common meaning but differ
independent consideration of evidence, and not rely on the as to its application. Such kind of statute is opposed to the Constitution
recommendation of a subordinate; and because it fails to accord persons proper understanding or fair notice,
(g) The decision must state the facts and the law in such a way that and because the government is given unbridled freedom to carry out its
the parties are apprised of the issues involved and the reasons provision. For this doctrine to be operative, however, the statute must
for the decision. be utterly vague. Thus, if a law, for example, could be interpreted and
5. Notice and Opportunity to be Heard. What matters in procedural due applied in various ways, it is void because of vagueness. Corollary to this
process are notice and an opportunity to be heard. is the doctrine of overbreadth which states that a statute that is “overly
(a) Notice. This is an essential element of procedural due process, broad” is void. This is because it prevents a person from exercising his
most especially in judicial proceedings, because without notice constitutional rights, as it fails to give an adequate warning or boundary
the court will not acquire jurisdiction and its judgment will not between what is constitutionally permissive and not. If a law, for
bind the defendant. The purpose of the notice is to inform the instance, prohibits a bystander from doing any “annoying act” to
defendant of the nature and character of the case filed against passersby, the law is void because “annoying act” could mean
him, and more importantly, to give him a fair opportunity to anything to a passerby and as such, overly broad.
prepare his defense. Nevertheless, the notice is useless without Equal Protection
the opportunity to be heard. 1. Meaning. The guarantee of equal protection means that “no person or
(b) Opportunity to be Heard. It must be emphasized that what is class of persons shall be deprived of the same protection of the laws
required is not “actual” hearing but a real “opportunity” to be which is enjoyed by other persons or other classes in the same place
heard. If, for instance, a person fails to actually appear in a and in like circumstances.” It means that “all persons or things similarly
hearing even though he was given the chance to do so, a situated should be treated alike, both as to rights conferred and
decision rendered by the court is not in violation of due process. responsibilities imposed.” The guarantee does not provide absolute
Moreover, strict observance of the rule is not necessary, equality of rights or indiscriminate operation on persons. Persons or
especially in administrative cases. In fact, in administrative things that are differently situated may thus be treated differently.
proceedings, notice and hearing may be dispensed with for Equality only applies among equals. What is prohibited by the
 guarantee is the discriminatory legislation which treats differently or legitimate governmental interests or purpose. In here the courts
favors others when both are similarly situated. do not seriously inquire into the substantiality of the interest and
2. Purpose. The purpose of the guarantee is to prohibit hostile possibility of alternative means to achieve the objectives;
discrimination or undue favor to anyone, or giving special privilege (b) Intermediate review in which the substantiality of the
when it is not reasonable or justified. governmental interest is closely scrutinized as well as the
3. Reasonable Classification. Well established is the rule that reasonable availability of less restrictive means or alternatives. This standard
classification does not violate the guarantee, provided that the is used if the classification involves important but not
classification has the following requisites: fundamental interests; and
(a) It must be based upon substantial distinctions; (c) Strict scrutiny in which the government is required to show the
(b) It must be germane to the purpose of the law; presence of a compelling government interest, rather than a
(c) It must not be limited to existing conditions only; and mere substantial interest, and the absence of a less restrictive
(d) It must apply equally to all members of the class. means for achieving the interest. Upon showing of these
4. Example. In one case, Section 66 of the Omnibus Election Code was requirements, the limitation of a fundamental constitutional right
challenged for being unconstitutional, as it is violative of the equal is justified. This standard is used if the law classifies persons and
protection clause. The provision distinguishes between an elective limits others of their exercise of fundamental rights.
official and an appointive official in the filing of their certificate of ARRESTS, SEARCHES AND SEIZURES
candidacy. While elective officials are not deemed resigned upon the Right against Unreasonable Searches and Seizures
filing their certificates, appointive officials are. The Supreme Court held 1. Constitutional Provision. Section 2, Article III states that people have the
that the law is constitutional and not violative of equal protection since inviolable right to be secure in their persons, houses, papers, and effects
the classification is valid. The Court argues that elective office is different against unreasonable searches and seizures of whatever nature and for
from appointive office, in that the mandate of the former is from the any purpose, and a search warrant or warrant of arrest can only be
people, while that of the latter is from the appointing authority. The term issued upon showing of a probable cause determined personally by the
of the elective officials are likewise longer than that of the appointive judge after examination under oath or affirmation of the complainant
officials. Thus, the classification is adjudged reasonable and valid. and the witnesses he may produce, and particularly describing the
5. Discrimination against Aliens. Although the protection extends to both place to be searched and the persons or things to be seized.
citizens and aliens, discrimination against aliens may be held valid under 2. Scope. The protection extends to all persons, aliens or citizens, natural or
certain circumstances. For example, citizens by virtue of their juridical. It is a personal right which may be invoked or waived by the
membership to the political community possess complete civil and person directly affected against unreasonable arrests or searches by
political rights, while aliens do not have complete political rights. The the government and its agencies. It cannot, however, be invoked
former can vote during elections, run for public office, own real against private individuals.
property, while aliens cannot. Warrant of Arrest and Search Warrant
6. Review of Laws. If the laws are scrutinized by the court, it said to be 1. Generally, the right against unreasonable searches and seizures requires
subject to “judicial review.” There are three standards followed by the that before a person is arrested or personal property seized, it must be
court in judicial review, these are: supported by a valid warrant of arrest or a search warrant. The
(a) Deferential review in which laws are upheld to be valid or exceptions are in cases of valid warrantless arrests and searches.
consistent to the guarantee of equal protection when they are
rational and the classifications therein bear a relation to a
 2. A warrant of arrest is a written order of the court, issued in the name of embezzled and other proceeds or fruits of the offense, or used or
the Philippines, authorizing a peace officer to arrest a person, and put intended to be used in the commission of the offense.
him under the custody of the court. 2. General warrants are those that do not particularly describe the place
3. A search warrant is a written order of the court, authorizing or directing to be searched or the persons or things to be seized. They are
a peace officer to search a specific location, house, or other premises unconstitutional because the sanctity of the domicile and privacy of
for a personal property allegedly used in a crime or may be utilized as a communication and correspondence of individuals are placed at the
tool to prove a crime. mercy, caprice, and passion of peace officers.
Requisites of a Valid Warrant Warrantless Arrest
1. Since as a general rule, an arrest or search is reasonable when it is 1. When Warrantless Arrest Valid. Arrest without warrant is strictly construed
covered by a valid warrant, it is thus important to know the requisites a as an exception to the general rule requiring warrant. Under the Rules of
valid warrant. The Court enumerates the requisites as follows: Court, a peace officer or a private person may arrest a person even
(a) It must be based upon a probable cause. Probable cause refers without a warrant under the following instances:
to such facts and circumstances which would lead a reasonably (a) In flagrante delicto arrest. When, in his presence, the person to
discreet and prudent man to believe that an offense has been be arrested has committed, is actually committing, or is
committed and that the objects sought in connect with the attempting to commit an offense;
offense are in the place sought to be searched; (b) Hot pursuit. When an offense, has in fact just been committed,
(b) The probable cause must be determined personally by the and he has personal knowledge of facts indicating that the
judge. That the judge “personally” determines the probable person to be arrested has committed it; and
cause means that “he personally evaluates the report and the (c) Arrest of escaped prisoners. When the person to be arrested is a
supporting documents submitted by the public prosecutor prisoner who has escaped from a penal establishment of place
regarding the existence of the probable cause,” or, if the same where he is serving final judgment or temporarily confined while
is insufficient, “require additional evidence to aid him in arriving his case is pending, or has escaped while being transferred from
at a conclusion as to the existence of probable cause.” Thus, one confinement to another.
personal determination does not mean that he must personally 2. Citizen Arrest. It must be noted that a lawful warrantless arrest may be
examine the complainant and his witnesses. He may rely on performed not just by a peace officer but also by a civilian. This is
reports and evidence submitted to him, on the basis of which he permitted under the rules under limited circumstances, and it is called
determines the existence of probable cause and orders the citizen arrest.
issuance of warrant. What is prohibited is to rely solely on the 3. In the case of flagrante delicto arrest, an offense is committed “in the
recommendation of the prosecutors without doing any presence” of the arresting officer or civilian. For example, if a person
determination on his own; pushes illegal drugs in the presence of a police officer, the latter can
(c) The determination must be made after examination under oath arrest the pusher even without a warrant of arrest because an offense is
or affirmation of the complainant and the witness he may actually being committed in his presence. The same principle underlies
produce; and the “buy-bust” or “entrapment” operations conducted by police
(d) It must particularly describe the place to be searched and the officers in catching law offenders. In one case, the Court held that
persons or things to be seized. The property subject to search rebellion is a continuing offense, and so the rebel may be arrested
includes those used in the commission of the offense, stolen or anytime even without a warrant because he is deemed to commit the
offense in the presence of the arresting officer or person.
 4. Illegal Detention is the offense committed by the arresting officer or Section 2, is an expression of this right, in as much as it is based on the
civilian if the warrantless arrest is performed outside the above rules. sacred right to be secure in the privacy of one’s person, house, paper,
Warrantless Searches and effects. Due process of law, in Section 1, also provides the same
A search is valid even without a warrant, under the following instances: privacy security by protecting an individual’s life, liberty, and property
a. Search as an incident to a lawful arrest. When a valid arrest precedes against undue interference by the government. Section 6 speaks of the
the search or contemporaneous with it, and the search is limited to the right to establish and change one’s home which likewise deals with the
immediate vicinity of the place of arrest, for purposes of securing privacy and comfort of one’s home. The right to form unions or
dangerous objects and effects of the crime; associations under Section 8, and the right against self-incrimination
b. Consented search. When the right has been voluntarily waived by under Section 17 are also privacy rights which need protection against
person who has a right, aware of such right, and has an actual intention undue intrusion by the government.
to relinquish such right; 2. Nonetheless, the word “privacy” is expressly provided in Section 3(1),
c. Plainview search. When prohibited articles are within the sight of an Article III, which states that “the privacy of communication and
officer who has the right to be in a position to that view; correspondence shall be inviolable except upon lawful order of the
d. Visual search at checkpoints. When the search at stationary court, or when public safety or order requires otherwise, as prescribed
checkpoints is pre-announced, and limited to a visual search only; by law.” Privacy of communication and correspondence is also an
e. Terry search. When a police officer, in interest of effective crime expression of the right to privacy.
prevention, performs a “stop-and-frisk” or patting of outer clothing for 3. Statutory Reinforcements. To reinforce these constitutional provisions, the
dangerous weapons, after observing a suspicious conduct on the part Congress has passed laws that recognize and protect the zones of
of a citizen; privacy of an individual. These laws include: (a) The Civil Code of the
f. Search of moving vehicles, vessels, and aircrafts for violation of laws; Philippines; (b) The Revised Penal Code; (c) Anti-Wire Tapping Act; (d)
g. Inspection of buildings and other premises for the enforcement of fire, The Secrecy of Bank Deposits; and (e) Intellectual Property Code.
sanitary, and building regulations; and Privacy of Communication and Correspondence
h. Search in airports and other populous places. 1. Subject of the Right. Invasion of communication and correspondence is
Administrative Searches and Arrests one kind of search. However, the subject of search is not a tangible
1. In cases of deportation, where the State expels an undesirable alien object but an intangible one, such as telephone calls, text messages,
from its territory, court intervention and proceedings are not required. letters, and the like. These forms of communication and
Nonetheless, the alien’s constitutional rights are still preserved because correspondence may be intruded into by means of wiretapping or
they are given fair trial and administrative due process. other means of electronic eavesdropping. What the constitution
2. Important to note is that no probable cause is required in deportation prohibits is government intrusion, by means of wiretapping or electronic
proceedings. It is the Commissioner of Immigration, or any officer eavesdropping, into the privacy of communication without a lawful
designated by him, not the judge, who issues the administrative court order or when public safety and order does not demand.
warrant, after determination by the Board of Commissioners of the 2. Rule. As a rule, the government cannot intrude into the privacy of
existence of a ground for deportation. communication and correspondence. The exceptions are: (a) when the
RIGHT TO PRIVACY court allows the intrusion, and (b) when public safety and order so
Provisions and Laws on Right to Privacy demands.
1. Constitutional Provisions. The right to privacy is scattered throughout the
Bill of Rights. The right against unreasonable searches and seizures, in
Anti-Wire Tapping Act FREEDOM OF EXPRESSION
1. R.A. 4200 or the Anti-Wire Tapping Act, as a reinforcement of privacy of Meaning and Scope
communication, is a law which prohibits a person not authorized by all 1. Constitutional Provision. Section 4, Article III provides that “no law shall
the parties to any private communication, to wire tap or use any devise be passed abridging the freedom of speech, of expression, or of the
to secretly overhear, intercept, record, or communicate the content of press, or the right of the people peaceably to assemble and petition the
the said communication to any person. government for redress of grievances.” The right underscores tolerance
2. Wiretapping or the use of record may be permitted in civil or criminal to different views and thoughts.
proceedings involving specified offenses principally affecting national 2. Aspects of the Right. Freedom of expression has four aspects, to wit: (a)
security, and only with previous authorization by the court which must freedom of speech; (b) freedom of expression; (c) freedom of the press;
comply with the requirements of a warrant. The authority is effective and (d) freedom of assembly. Nonetheless, the scope of the protection
only for sixty days. extends to right to form associations or societies not contrary to law,
Writ of Habeas Data right to access to information on matters of public concern, and
The writ of habeas data is a remedy available to any person whose right freedom of religion. These are all crucial to the advancement of beliefs
to privacy in life, liberty, or security is violated or threatened to be violated by and ideas and the establishment of an “uninhibited, robust and wide-
an unlawful act or omission of a public official or employee, or of a private open debate in the free market of ideas.”
individual or entity engaged in the gathering, collecting, or storing of data or 3. Importance of the Right. Freedom of expression is accorded the highest
information regarding the person, family, home, and correspondence of the protection in the Bill of Rights since it is indispensable to the preservation
aggrieved party. of liberty and democracy. Thus, religious, political, academic, artistic,
Exclusionary Rule and commercial speeches are protected by the constitutional
1. The exclusionary rule states that any evidence unlawfully obtained is guarantee.
inadmissible as evidence before the courts. This is based on Section 3(2), 4. Limitation. The right is not absolute. It must be exercised within the
Article III which provides that any evidence obtained in violation of right bounds of law, morals, public policy and public order, and with due
to privacy of communication or right to due process of law shall be regard for others’ rights. Thus, obscene, libelous, and slanderous
inadmissible for any purpose in any proceeding. The same rule is speeches are not protected by the guarantee. So are seditious and
applied to any evidence taken in violation of R.A. 4200. fighting words that advocate imminent lawless conduct.
2. The rule is also called Fruit of the Poisonous Tree Doctrine. The name of Freedom from Prior Restraint and Subsequent Punishment
the doctrine metaphorically describes what happens to “evidence” 1. Freedom of speech and of the press has two aspects:
(fruit) taken through “unlawful means” (poisonous tree). The evidence- (a) freedom from prior restraint, and
fruit is discarded because it may infect or destroy the integrity of the (b) freedom from subsequent punishment.
case and forfeit the purpose of the law. 2. On the one hand, freedom from prior restraint means freedom from
3. For example, if police officers search a house without a search warrant censorship or governmental screening of what is politically, morally,
and the same does not fall under any of the instances of a valid socially, and artistically correct. In here, persons and the media are
warrantless search, the evidence obtained even if material in the case freed from total suppression or restriction by the government of what
cannot be admitted in court. Or if police officers wiretap a conversation could be disseminated and prevents the government from being a
without court authorization, the recorded conversation shall be subjective arbiter of what is acceptable and not. Although the system
excluded as evidence in court. Thus, the evidence is said to be fruits of of prior restraint is presumed unconstitutional, it is allowed under the
a poisonous tree. following instances:
 (a) Undue utterances in time of war; of “maximum tolerance” and is often applied by the Court in
(b) Actual obstruction or unauthorized dissemination of military freedom of expression cases;
information; 3. Balancing of Interest Test which provides that when there is
(c) Obscene publication; and conflict between a regulation and freedom of speech, the court
(d) Inciting rebellion. has the duty to determine which of the two demands greater
3. On the other hand, freedom from subsequent punishment refers to the protection;
assurance that citizens can speak and air out their opinions without fear 4. Grave-but-Improbable Danger Test which was meant to supplant
of vengeance by the government. Subsequent chastisement has the the clear and present danger test, determines whether the
effect of unduly curtailing expression, and thus freedom therefrom is gravity of the evil, less its improbability to happen, can justify the
essential to the freedom of speech and the press. The State, however, suppression of the right in order to avoid the danger;
can validly impose subsequent punishment under the following 5. O’Brien Test which provides that when “speech” and “non-
instances: speech” elements are combined in the same course of conduct,
(a) Libel which is the most common form of subsequent punishment, a sufficiently important government interest that warrants the
refers to a public and malicious imputation of a crime, vice or regulation of the “non-speech” element can also justify
defect, real or imaginary or any act or omission, status tending to incidental limitations on the speech element; and
cause dishonor, discredit or contempt of a natural or juridical 6. Direct Incitement Test which determines what words are uttered
person, or blacken the memory of one who is dead; and the likely result of the utterance, that is, whether or not they
(b) Obscenity which includes works (taken as a whole) appealing to will directly incite or produce imminent lawless action.
prurient interest or depicting sexual conduct as defined by law or Restrictions on Freedom of Speech
lacking of serious literary, artistic, political or scientific value; 1. Two Kinds of Restrictions. The State may impose two kinds of restrictions
(c) Criticism of official conduct made with actual malice; and on speech under a system of prior restraint: content-based restriction
(d) School articles which materially disrupt class work or involves and contentneutral restriction. The restriction is content-based when
substantial disorder or invasion of rights of others. restriction is directed to the speech itself, while the restriction is content-
Tests to Determine When Right Maybe Suppressed neutral when it is directed, not to the speech itself, but to the incidents
There are six tests or rules to determine when the freedom may be suppressed. (such as time, place, or manner) of the speech. An example of a
These are: content-based restriction is when the government prohibits speeches
1. Dangerous Tendency Test which provides that if a speech is against the President, in which case the restriction is on the speech itself.
capable of producing a substantive evil which the State is An example of a content-neutral restriction is when the government
mandated to suppress or prevent, even if it did not materialize, regulates the manner of posting campaign advertisements, in which
the State is justified of restricting the right. This rule has already case the restriction is on the manner the right is made.
been abandoned; 2. Appropriate Tests for Each Restriction. If the governmental restriction is
2. Clear and Present Danger Test which is a more libertarian rule, contentbased, the applicable rule or test is the clear and present
provides that the finding out of substantive evil is not enough to danger test. This is to give the government a heavy burden to show
suppress the right. Rather the substantive evil must have clear justification for the imposition of such prior restraint which bears a heavy
and present danger type depending on the specific presumption of unconstitutionality. If the restriction is content-neutral,
circumstances of the case. This rule is consistent with the principle the applicable rule is only an intermediate approach, inasmuch as the
restraint is only regulatory and does not attack the speech directly.
 3. Example. In one case, the court held that the act of granting a permit 3. Private speech is accorded more freedom and protection than
to rally under the condition that it will be held elsewhere is a content- commercial speech.
based restriction and not content-neutral because it is directed to the Freedom of Assembly
exercise of the speech right itself and not merely to the manner. As 1. Meaning. Freedom of assembly refers to the right to hold a rally to voice
such, the applicable test is the clear and present danger test. out grievances against the government.
Regulations on Mass Media 2. Freedom not Subject to Prior Restraint. As a rule, freedom of assembly is
Mass media may be broadcast media (e.g. television and radio) or print not subject to prior restraint or prior issuance of permit by government
media (e.g. newspaper). The two have a substantial difference in that authorities. Nevertheless, it must be exercised in such a way that will not
broadcast media has a uniquely pervasive presence in the lives of Filipinos. to prejudice public welfare. Freedom of assembly is reinforced by Batas
Thus, freedom of television and radio broadcasting is somewhat lesser than the Pambansa Blg. 880, otherwise known as the Public Assembly Acts of
freedom accorded to the print media; greater regulation is imposed over 1985, which basically provides the requirements and procedure for
broadcast media because of its greater tendency to invade the privacy of holding rallies. It also implements the observance of “maximum
everyone than print media. tolerance” towards participants of rallies consistent with the clear and
Doctrine of Fair Comment present danger test.
1. Meaning. Under the doctrine of fair comment, a discreditable 3. Permit Requirement. Under the said law, permit is required to hold a rally.
imputation directed against a public person in his public capacity, does It must be emphasized, however, that the permit is not a requirement for
not necessarily make one liable. Although generally every discreditable the validity of the assembly or rally, because the right is not subject to
imputation publicly made is deemed false and malicious because prior restraint. Rather, the permit is a requirement for the use of the
every man is presumed innocent until proven guilty, nevertheless, if the public place.
imputation directed against a person in his public is based on 4. When Permit not Required. Permit is not required if the rally is held in a
“established facts,” even if the inferred opinion is wrong, the comments private place, in a campus of a state college or university, or in a
as justified. As long as the opinion might reasonably inferred from the freedom park, in which case only coordination with the police is
facts, it is not actionable. In order to that such discreditable imputation required. If the application for permit is not acted upon by the mayor
to a public official may be actionable, it must either be a “false within two working days, then the same is deemed granted.
allegation” or a “baseless comment.” 5. Political rallies during election is regulated by the Omnibus Election
2. Example. If a case of theft was filed against a barangay official, and Code, not by BP 880.
someone commented that he maliciously stole things from the local Right to Form Associations
residents, the doctrine of fair comment is applicable, inasmuch as the 1. Constitutional Provision. Section 8, Article III provides that “the right of
opinion was based on such fact. In here, the comment is justified. the people, including those employed in the public and private sectors,
Commercial Speech to form unions, associations, or societies for purposes not contrary to law
1. Meaning. Commercial speech is one that proposes a commercial shall not be abridged.”
transaction done in behalf of a company or individual for purposes of 2. Who may Exercise the Right. The right of association may be exercised
profit. It is a protected speech for as long as it is not false or misleading by the employed or the unemployed and by those employed in the
and does not propose an illegal transaction. government or in the private sector. It likewise embraces the right to
2. But if the government has a substantial interest to protect, even a form unions both in the government and private sector. The right of civil
truthful and lawful commercial speech may be regulated. servants to unionize is expressly provided in Section 2(5), Article IX-B: “The
right to self-organization shall not be denied to government
 employees.” The right of labor in general to unionize is likewise provided
in Section 3, Article XIII: “[The State] shall guarantee the rights of all
workers to self-organization, collective bargaining and negotiations,
and peaceful concerted activities, including the right to strike in
accordance with law.”
3. Right to Strike not Included. The right to form associations or to self-
organization does not include the right to strike. Thus, public school
teachers do not enjoy the right to strike even if they are given the
constitutional right of association. The terms and conditions of
employment in the Government, including in any political subdivision or
instrumentality thereof and government owned and controlled
corporations with original charters, are governed by law and the
employees therein shall not strike for purposes of securing changes.
Right to Information
1. Constitutional Provision. Section 7, Article III provides that “the right of
the people to information on matters of public concern shall be
recognized. Access to official records, and to documents and papers
pertaining to official acts, transactions, or decisions, as well as to
government research data used as basis for policy development, shall
be afforded the citizen, subject to such limitations as may be provided
by law.”
2. Scope and Limitation. The right guarantees access to official records for
any lawful purpose. However, access may be denied by the
government if the information sought involves: (a) National security
matters, military, and diplomatic secrets; (b) Trade or industrial secrets;
(c) Criminal matters; and (d) Other confidential information (such as
inter-government exchanges prior to consultation of treaties and
executive agreement, and privilege speech).