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RIGHTS)
UNIVERSITY OF THE CORDILLERAS
Working Syllabus
Atty. Paula Bianca C. Bayon
Void-for-Vagueness Rule
P. v. Siton, 600 SCRA 476 (2009)
II. BILL OF RIGHTS
General Coverage
Rubi v. Provincial Board (1919)
Ortigas and Co., Limited Partnership v. Feati
Bank and Trust Co. (1979)
Ichong v. Hernandez, 101 Phil 1155
Noble State Bank v. Haskell, 219 U.S. 412
PNB v. Office of the President (1996)
B. DUE PROCESS
SUBSTANTIVE DUE PROCESS
With Violation:
Ynot v. IAC, 148 SCRA 659 (1987)
People v. Fajardo, 100 Phil 443 (1958)
Balacuit v. CFI, 163 SCRA 182 (1988)
Traffic Command v. Gonong, 7/13/90
Without Violation:
US vs. Toribio, 15 Phil 85 (1910)
Ichong v. Hernandez, 101 Phil 1155
Layno v. Sandigan, 136 SCRA 536
C. Test of Reasonability
Publication Requirement
Tanada v. Tuvera, GR 63915, 12/29/86
US v. Toribio, 15 Phil 85
Lawful subject
Taxicab Operators v. BOT, 119 SCRA 597
Velasco v. Villegas, 120 SCRA 568
Bautista v. Juinio, 127 SCRA 597
Lozano v. Martinez, 146 SRA 323
DECS v. San Diego, 180 SCRA 533
Sangalang v. IAC, GR. 71169
Del Rosario v. Bengson, 180 SCRA 521
Lawful means
Planters Products v. Fertiphil Corp. (2008)
Ynot v. IAC, 148 SCRA 659
People v. Chan, 65 Phil 611
City Govt. V. Ericta, 122 SCRA 759
NIDC v. PVB, 12/10/90
the
Philippines
v.
A. Concepts:
Due Process
Life, Liberty, Property
Equal Protection
Jurisdiction
Banco Espanol, supra
Rabino v. Cruz, 222 SCRA 493
Lawful Hearing
David v. Aguilizan, 94 SCRA 707
Pagasian v. Azura, 184 SCRA 391
People v. Beriales, 70 SCRA 361
Lorenzana v. Cayetano, 78 SCRA 485
Surea v. Juntereal, 84 SCRA 5
Combate v. San Jose, 135 SCRA 693
No Denial Lost Opportunity
Sequin v. People, 3/13/89
DBP/APT v. CA, 1/29/99
Amil v. CA, 10/7/99
Valid judgment - Appeal
DIONA v. BALANGUE, GR 173559, 07 Jan.
2013.
DUE PROCESS - ADMINISTRATIVE BODIES
Fabella v. CA, 283 SCRA 256 [1997]
REQUIREMENTS:
ANG TIBAY V. CIR, 69 PHIL. 635
1.
2. The
tribunal
must
consider
the
evidence presented.
Baguio Country Club v. NLRC, 119 SCRA
557; Planters Products v. NLRC, 1/20/89
3.
determined
Soliven vs. Makasiar, 167 SCRA 393Mata vs. Bayona, 128 SCRA 388.
Amarga vs. Abbas, 98 Phil. 739
Placer vs. Villanueva, 126 SCRA 463
People vs. Inting, 187 SCRA 788
Lim vs. Felix, 2/19/91
Roberts v. CA., 3/5/96Ho vs. People/Sandigan, 10/9/97
Reyes v. Montessa, 247 SCRA 85.
Co vs. Republic, 539 SCRA 147(2007)]
The determination must be made after
examination under oath or affirmation of the
complainant and the witnesses he may
produce
Examination of witnesses
Bache vs. Ruiz, 37 SCRA 823;
Castro vs. Pabalan, 70 SCRA 477;
Luna vs. Plaza, 26 SCRA 313;
AIRPORT SEARCHES
People vs. Gatward, 267 SCRA 785
People vs. CANTON, 179 SCAD 585, (2002)
Exigent circumstances:
P. v. De Gracia, 7/6/94 233 SCRA 716 (1994)
Limited search
Checkpoints: Valmonte vs. De Villa, 9/29/89
Valid
People vs. Exala, 221 SCRA 494
Posadas vs. CA, 188 SCRA 288
Not Valid
Aniag vs. Comelec
Warrantless search or seizures may be
justified in case of:
a. Danger, physical harm to the officer
b. Destruction of evidence
c. Danger to third persons
d. Driving while intoxicated
e. Searches in hot pursuit
People v. Hernandez, 12/21/94
WARRANTLESS ARREST
Sec. 5, Rule 113- When lawful.
A peace officer or a private person may,
without a warrant, arrest a person:
(a) When, in his presence, the person to be
arrested
has
committed,
is
actually
committing, or is attempting to commit an
offense;
(b) When an offense has just been committed
and he has probable cause to believe based
on
personal
knowledge
of
facts
or
circumstances that the person to be arrested
has committed it; and
(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 is temporarily confined
while his case is pending, or has escaped
while being transferred from one confinement
to another.
People vs. Dela Cruz, 4/18/90
People vs. Maspil, 8/20/90 (compare with
Amminudin case)
People vs. Sucro, 3/18/91
Espiritu vs. Gen. Lim, 10/3/91 (see dissents)
Cayao v. Del Mundo, 9/15/93
People
People
People
People
People