CONSTITUTIONAL LAW II

BILL OF RIGHTS:
SECTION 1-Right to due process and equal protection
----------------Three Important Parts of a Written Constitution:
1) Constitution of Governrment
2) Constitution of Liberty (Bill of Rights)
3) Constitution of Sovereignty
-----------------------------------------------Sec 9Challenge expropriationA limitation on power of eminent domain of the state
Sec 2Search warrant or arrest warrant
Bill of Rights constitute a limitation on the powers of the government.
-----------------------------------------------Appeal is not a constitutional right, merely statutory. Not in the bill of right
s.
-----------------------------------------------Ople vs. Torres
Right to privacy-right to be let alone
Murphy vs. Mutuc-1968
-adopted the Grishwald vs. Connecticut
-enshrined in several provisions of the constitution-Sec 3, Sec 1, Sec 2, Sec 6,
Sec 8, Sec 17,
-Civil Code: Human Relations
-RPC: revelation of trade and industrial secrets
-trespassing/R.A 4200
-privileged communication
-----------------------------------------------------First 11 sections pertain to the rights of people in general.
Section 12-22- focus of bill of rights has narrowed.
----------------------------------------------------Sec 2,3,12,17-covered by Exclusional Rule in evidence. -excluded by the constitu
tion-incompetent evidence.
-fruit of the poisonous tree doctrine
------------------------------------------------------------Kinds of Evidencetestimonial
documental
--------------------------------------------------------------Kinds of Due process:
Substantive-requires that the law itself is fair, reasonable and just not merely
in the manner in which the law will be enforced.
Ex.
Tanada vs. Tuviera
Procedural-in essence this refers to the method or manner by which the law is en

forced.
-essence of which are notice and hearing or the opportunity to be heard.
Ang Tibay vs. Court of Industrial Relations
-Administrative Due Process
----------------------------------------------------------Mark Jimenez/Mario Crespo cases:
Extradition Treaty with US
P.D. 1069-PH Extradition Law
1) Extradition Treaty is Sui Generis (A class by itself)
-important postulate in extradition, an extraditee is always presumed to be a fl
ight risk.
2) Govt of USA vs. Mark Puruganan-No bail rule applies in Extradition
-Art 3 Sec 13
-Constitutional provision for Bail does not apply to Extradition
Exceptions:
1. Once bail is granted, he will not be a flight risk or a danger to the communi
ty
2. There exists a special humanitarian and compelling circumstances that will ju
stify the grant of bail.
**Clear and convincing evidence-an evidence lower than proof beyond reasonable d
oubt but higher than preponderance of evidence.**
--------------------------------------------------------Twin Doctrines: (Substantive Due Process)
1. Void for vagueness doctrine-the law must be declared void for being vague. -it lacks comprehensible standar
ds so that men of ordinary standard
-repugnant (violates due process, leaves law enforcers unbridled
-must be utterly vague on its face. cannot be clarified by construction or savin
g clause.
2. Doctrine of overbreadth- it operates to inhibit the exercise of individual fr
eedoms affirmatively guaranteed by the constitution such as the freedom of speec
h or religion.
-sweeping
----------------------------------------------------------Equal protection-guarantee against any kind of discrimination
-does not guarantee absolute equality
-only guarantees equality among equals
--------------------------------------------------------SECTION 2- ARREST, SEARCHES AND SEIZURES
-----------------General Rule:
-Not covered by search warrant or warrant of arrest
1.)Judicial function-only a judge may issue a warrant
2) Probable cause-two determinations of probable cause:
Criminal Procedure:
1) criminal case is commenced by filing the complaint by private offended party

or in cases if there is no private offended party like rebellion, drugs, illegal

possession of firearms filed at prosecutor's office
-filed in a complaint affidavit
2.) prosecutor conducts preliminary investigation-to determine probable cause fo
r the purpose of filing the information in court(prosecutor's office-executive p
roceeding)
3.)once information is filed in court subject to the control of the judge
-the determination of probable cause in order to issue a warrant of arrest is ju
dicial
Crespo vs. Mogul
**complaint is filed in the prosecutor's office by private offended party-inform
ation is filed in court by prosecutor after conducting preliminary investigation
***
4.) court acquires jurisdiction of the case:
-voluntary surrenders
-arrest warrant-probable cause before warrant is issued should be determined
-search warrant (10 days life span)
-warrant of arrest (no life span)-after 10 days of issuance warrant officer must
indicate to judge if warrant has been served. may issue "alias" warrant
-------------------------------------------warrant cannot be served outside of our territorial jurisdiction
remedy: extradition
_____________________________
Valid warrantless arrests: (Sec 5 Rule 113 of the Rules of Court)
1) Inflagrante delicto arrest-caught in the act
-key phrase "in his presence"
Instances of Inflagrante delicto: (SC)
-buy bust operation
-entrapment
-kidnapping
(Omil vs. Ramos)-controversial decision of the SC
=Rebellion is a continuing offense.
=Arrest fall under inflagrante delicto
Continuing offenses:
-kidnapping
-transporting drugs
-rebellion
2) Arrest in hot pursuit-no personal knowledge of offense; personal knowledge of
facts and circumstances which when taken together will elevate into probable ca
use to believe on his part that the person has committed it.
3) Arrest of an escapee-------------------------------------------------------Soliven vs. Makasiar
Stonehill vs. Diokno
-arrest warrant/search warrant must always be issued in connection with the spec
ific offense

-general warrant will not do

Salazar vs Achacoso
Govt of USA vs. Purruganan
-----------------------------------------Instances of warrantless searches:
-Sec 13 Rule 126 of the Rules of Court
Requisites:
-Arrest must always precede the search, this process cannot be reversed.
-Precedent arrest must be lawful. if precedent arrest is unlawful, it cannot be
validate the subsequent search.
-The search must be limited only within the immediate vicinity of the place of t
he arrest. It cannot be extended beyond that (Nolasco vs. Cruz Pano)
--------------------------------------SECTION 3 -The right to privacy of communication and correspondence
------------------governed by exclusionary evidence
-RA 4200 -Anti- wiretapping act
Right to Privacy- the right to be let alone
---------------------------------------SECTION 4- Relevant provision
-freedom of expression
-freedom of speech
-freedom of the press
-freedom of assembly
-section 8, freedom of association
-section 7, right of people to information on matters of public concern (access
of information)-policy on transparency
-Crowning glory of a democratic regime is freedom of expression- (preferred righ
t)
-Not absolute although preferred right, there are valid limitations
-Maybe exercised with corresponding responsibility
Limitations:
1) Dangerous Tendency Rule-for as long as the speech has the tendency to produce
evil the state is dutybound to suppress, even if the substantive evil did not t
ake place at all later on, curtailment or suppresion of freedom of expression is
justified.
-Leans heavily in favor of state power, public order and public safety as agains
t freedom of speech
2)Clear and Present Rule-superseded the Dangerous Tendency Rule-formulated by Justice Oliver Wendell Holmes backed up by Justice Brandice
-the substantive evil is not of clear and present danger type
-"When you are inside a crowded movie house and shouts, Fire!, there will be cha
os, your speech is capable of producing substantive evil. Evil is of a clear and
present danger type
-Schenck v. United States
-leans heavily on the freedom of expression