Académique Documents
Professionnel Documents
Culture Documents
2. Deprive To take away forcibly, to prevent from possessing, enjoying or using something !! Deprivation per se is not unconstitutional; what is prohibited is deprivation without due process of law
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Right to be alive
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Right to refuse lifesaving hydration and nutrition by a competent person. No person can assume the choice for the incompetent person in absence of the formalities by the Living Will Statute or clear and convincing evidence. (Cruzan vs Director)
Right to security of ones limb !! Right to a good life !! Life of the unborn
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Freedom to act in whatever way one pleases within the bounds of law Right to labor, contract, choose ones employment and locomotion (Rubi-1934) Right to privacy
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Possession of obscene materials in private is allowed vis--vis public possession and display of such obscene materials (Stanley vs. Georgia) Only those authorized by law can bear arms (Chavez vs Executive Secretary)
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Property
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Vested Right: !! perfected mining claim !! Homestead !! Final judgement !! Pilotage license is a vested right, must be cancelled or removed through a hearing (Corona vs United Harbor Pilots Assoc.) !! Historical landmarks must undergo due process (Army Navy) !! Corporations right to guard trade secrets from rivals (Duncan Association vs Glaxo) !! Pension plans as part of terms of employment (GSIS vs Montesclaros) !! Military retirees who lose their Filipino citizenship dont receive benefits (Parreno)
Property
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Includes ones employment, profession, trade or calling "! order of preventive suspension without hearing (Crespo 1988) "! Mandatory suspension of public official pending criminal prosecution (Libanan-1999) License to operate a cockpit- a privilege, withdrawable when public interest requires Certificate of public convenience Garment export quota "! Privilege evolving into property rights (American Inter fashion 1991)
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Bill of Rights - 1st 10 Amendments (1791) 5th Amendment - Federal Government 14th Amendment - States (1868)
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Court or tribunal with judicial power to hear and determine the matter before it Jurisdiction lawfully acquired over defendant or property Defendant must be given an opportunity to be heard Lawful hearing
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Student must be informed in writing of nature and cause of any accusation against them Right to answer charges with assistance of counsel if needed Shall be informed of the evidence against them Right to adduce evidence on their own behalf Evidence must be duly considered by the investigating committee Accused has no right of access to evidence during the executive phase, only during the judicial phase.
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Deportation Proceedings
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Criminal proceedings are applicable although it is not in nature (Lao Gi alias Chia Jr. vs CA) Right to actual or constructive notice of the institution of proceedings which may affect a respondents legal rights Real opportunity to be heard personally or with the assistance of counsel to present witnesses and evidence in ones favor, and to defend ones rights, Tribunal with competent jurisdiction Finding with substantial evidence made known to parties affected *Publication may be necessary if purpose is to enforce or implement existing law pursuant also to a valid delegation (Republic vs Pilipinas Shell) Notice and hearing is required in quasi judicial proceedings (e.g. Summary Dismissal Board vs. Torcita; Philcomsat vs Alcuaz)
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cancellation of passport of person sought for a crime; Preventive suspension of a civil servant facing administrative charges; Distraint of property for tax delinquency; Padlocking of restaurants found unsanitary; and Abatement of nuisance per se.
If no prima facie finding in extradition proceeding, judge may dismiss. If there is finding, judge should issue warrant (US 2002) If bail can be granted to deportation cases, there is no reason why it cannot be invoked in extradition cases- clear and convincing evidence standard (Olalia 2007) Classification of property into landmarks requires substantive and procedural due process (Army and Navy Club 1997) Pre-evaluation cancellation of harbor pilot licenses violative of due process (Corona -1997) Right to counsel is not indispensable to due process unless required by the Constitution or by law (Lumiqued -1997)
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Teacher in school administrative proceeding has right to counsel (Gonzales 1999) Vagueness doctrine merely requires a reasonable degree of certainty; over breadth and vagueness doctrine not applicable to penal statutes but only to free speech cases (Estrada -2001)
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#! Company policy against employees marrying employees of competitor companies sustained (Duncan 2004) #! Employees have vested rights in mandatory pension plan (GSIS 2004) #! Rule against contact visits of detainees upheld (In the Matter of the Petition for Habeas Corpus 2005) #! No constitutional right to bear arms (Chavez 2004) #! A respondent in an administrative case is entitled only to the decision not the findings and recommendations of an investigating committee (Pefianco 2000)
Lochner v. New York (1905) - Invalidation of New York Law which limited the hours which a bakery employee could work to 10 per day and 60 per week on the ground that it abridged liberty of contract
RIGHT
Non Fundamental
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TEST
Mere Rationality
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Fundamental
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Strict Scrutiny
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governmental action is necessary (not any less restrictive means) compelling governmental objective is at stake
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Meyer (teaching of foreign languages) - right of teachers to teach - right of students to acquire knowledge - right of parents Pierce (compulsory attendance of public schools) - right of parents to direct upbringing - right of schools to property
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Buck v. Bell (sterilization) - three generations of imbeciles are enough Griswold (contraceptives) - several Bill of Rights provisions create a penumbra or zone of privacy - privacy implications of proof in prosecutions - problem with interpretivism
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Bowers (sodomy) Stanley (reading obscene materials) Roe v. Wade (abortion) - invalidated on privacy grounds, Texas nearly-complete ban on abortions - provide trimestral approach to pregnancy
Casey (1992) - abortion no longer a fundamental right - trimester approach overturned - States may restrict abortion so long as they do not place undue burdens on the womans right to choose
treat similar situated people similarly treat not similarly situated people not similarly (e.g., handicapped voters)
5. Reasonable Classification (People vs. Cayat) a. Substantial Distinction !! Citizenship !! Age !! Gender !! Public Officers / Police (Farinas vs. Exec. Sec) !! Cabinet members / Other appointive officials !! Political rights
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Difference between rallying before Courts and rallying before Executive and Legislative offices (In Re: Valmonte and ULAT -1998) !! Difference between elected official and ordinary citizen for purposes of incarceration (Jalosjos -2000)
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Difference between foreign hires and local hires for an international school (International School - 2000)
Difference between poor v. rich insofar as the death penalty is concerned (Mercado-2000) Difference between appointive and elective officials for purposes of being deemed resigned upon filing of certificate of candidacy (Farinas 2003) With the passage of laws amending the charter of 7 GFIs removing limitations on employees compensation, the continued operation of the limitation on CB employees constitute invidious discrimination; a case of relative unconstitutionality (CB Employees compensation 2004) Difference between motorcycles and other motor vehicles (Mirasol 2006)
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Level of Review #! Middle level (substantially related to an important governmental objective) #! Mere rationality (classification bears a rational relationship to a legitimate governmental objective)
V.!