CONSTITUTIONAL LAW II render its decision in such

Prof. GDB manner that the parties to the

proceedings can know the
Section 1: Due Process and Equal various issues involved and
Protection the reason for the decision.
[ ANG TIBAY VS. CIR ]
DUE PROCESS:

Procedural due process relates to Section 1: Due Process and Equal

the mode of procedure which Protection
government agencies must follow
in the enforcement and Due Process in Judicial
application of laws. Substantive Proceedings:
due process pertains to the
intrinsic validity of the law 1. There must be a court or
interfering with life, liberty and tribunal vested with judicial
property. power to hear and determine
the matter before it;
Principles 2. Jurisdiction must be acquired
Provisions of the Bill of over the person of the
Rights are self-executing; defendant or over the
They can only be invoked property which is the subject
against the State matter of the proceedings;
Basic human rights are 3. The defendant must be given
an opportunity to be heard;

CONSTITUTIONAL LAW II
superior to property rights
4. Judgment must be [ BANCO
Its provisions have no
ESPAOL VS. PALANCA ]
retroactive application.
Due Process in Discipline of
CONSTITUTIONAL LAW II
Students;
Section 1: Due Process and Equal
1. The student must be
Protection
informed in writing of the
nature and cause of
Due Process in Administrative
accusation against him;
Proceedings:
2. He shall have the right to
answer the charges against
1. The right to a hearing which
him with the assistance of
includes the right of a party

Datu Kirby
counsel, if desired;
interested or affected to
3. He shall be informed of the
present his on case and submit
evidence against him;
evidence in support thereof;
4. He shall have the right to
2. The tribunal must consider the
adduce evidence in his own
evidence presented;
behalf;
3. The decision must have
5. The evidence must be duly
something to support itself;
considered by the
4. The evidence must be
investigating body
substantial;
designated by the school
5. The decision must be based on
official to hear and decide
the evidence presented at the
the case. ( ATENEO DE
hearing or at least contained
MANILA VS CAPULONG )
on the records and disclosed
to the party affected;
SUBSTANTIVE DUE PROCESS
6. The tribunal or body or any of
its judges must act on its or
Is the law reasonable or is it an
his own independent
undue interference on life, liberty
consideration of the law and
or property?
facts of the controversy and
Is it a valid exercise of police
not simply accept the views of
power?
a subordinate;
7. The board or the body should,
POLICE POWER:
in all controversial questions,

1
 Section 1: Due Process and Equal
The power of the government to Protection
prescribe regulations to promote
health, morals, education, good Equal protection pertains to the
order or safety and the general requirement that laws must treat
welfare of the people. all persons or things similarly
situated alike, both as to
Tests for Valid Exercise of Police similarities conferred and
Power: liabilities imposed.

1. That the interest of the

public generally as Two ways of violating:
distinguished from those of a
particular class requires such 1. Classifying without basis
interference. [Jalosjos]
1. 2. That the means are 2. Failure to classify when
reasonably necessary for the distinction exist
accomplishment of the [Bar Q, 1989, No. 18: Villegas
purpose and not unduly case]
oppressive upon individuals.
( US VS. TORIBIO ) When is classification permissble?

When the Constitution

Outline: allows it; or [Nunez and

Lawful subject [health, morals,
education, good order, safety and
general welfare] [Bar 2003, No.
12]
Lawful method
Rational relation between
method and purpose [Ynot],
Laguio]
Means chosen not unduly
oppressive of another right
Cases:
CONSTITUTIONAL LAW II
Almonte]
When it passes the 4 tests
for a valid classification
Tests for Valid Classification:
1. It must rest on a
substantial distinction;
2. It must be germane to the
purpose of the law;
3. It must not be limited to
existing conditions only:
4. It must apply equally to
members of the same class.

Datu Kirby
1. Corona Bar 2001, No. 13 [Pilots 1. Himagan
License] 2. De Guzman
2. Lupangco 3. Southwing
3. Bar Q, No. 1994, No. 12 4-flunk 3. Beltran
Rule 4. Lagiou [sauna parlors, beerhouses,
4. Ermita-Malate and Laguio cabarets, dance halls, hotels, motels
-Required registration in lobby, and inns vs. hotles, lodging houses,
inspection and prohibition on renting pension houses]
-prohibition of sauna, cabarets, 5. 1987, No. 6: PD 97/ But
motels, inns and dance halls in the 6. Bar Q, No. 12, 1994: 4-flunk rule
Ermita-Malate district. [n reasonable
relation because it will not promote
per se protect morals Arrrest, Search and Seizure
5. 1999, No. 8: Give examples of acts
of state which infringes the due
1. Search Warrant
process clause in its substantive
aspect. 2. Arrest Warrant
6. 1987, V: Is an ordinance 3. Warrantless Searches
prohibiting barbershop operators 4. Warrantless Arrests
from rendering massage service to 5. Exclusionary Rule
their customers in a separate room
valid? Section 2: SEARCHES AND
SEIZURES

2
Requisities for a Valid Search
Warrant:
1. It must be based upon
probable cause;
2. The probable cause must be
determined personally by
the judge;
3. The determination must be
made after examination
under oath or affirmation of
the complainant and the
witnesses he may produce;
4. It must particularly describe
the place to be searched and
the persons or things to be
searched.
Probable Cause:
Probable cause are such
facts and circumstances which
would lead a reasonably discreet
and prudent man to believe that
an offense has been committed
3. The police can only search the
place described in the warrant,
not an adjoining one. [Pp. v. CA)
[Bar 2001, XI/1990 IX
4. Once the place is specifically
described, there is no need to
name the occupant or owner. [Uy
v. BIR]
Rules on Description of Objects
1. Objects need not be
described in precise details
[Kho: firearms of various
calibers, chop chop vehicles,
undetermined quantity of
marijuana], unlicensed radio
com. Equipment but
Microsoft computer
hardware including central
processing units and hard
disks, CD Rom drives, key
boards, monitor, screens

CONSTITUTIONAL LAW II
and that the objects sought in and diskettesVallejo:
connection with the offense are in Undetermined number of
the place sought to be searched. fake land titles, blank form
of land titles, official
Questions on Probable Cause: receipts, undetermined
number lf land transfer
1. When the crime consists of possession transactions
Of objects without a permit or license,
what evidence is necessary to establish
probable cause?[PICOP and Estrada 2. Minor discrepancies in
Cases] between the objects
What happens when a warrant is issued described in the warrant
for the seizure of 2 items but there is from those actually Taken do
only probable cause for the issuance of
not nullify the warrant for as

Datu Kirby
one of them? [Salangguit]
long as they are of the same
Specific Description: kind and nature Al Ghoul

A search warrant must specifically 3. Where a warrant contains a

describe: specific description of some
objects and a general
The place to be searched;
description of others, the
The objects to be seized; entire warrant is not voided.
and [Uy. Vs. BIR]
Issue only for one specific
offense
Rules on description of
place illustrated:
If the place is under the control of 4. Objects not specifically
pone person, a general described in the warrant but
description may be sufficient are considered contraband
(Dayrit, except PICOP) may be seized in plain view
and are admissible in court.
If the place is a compound [del Rosario] Bar Question,
occupied by various persons, the 1990 9).
warrant must specifically indicate
the unit to be searched [Estrada Specific doctrines on one
-5T-] [apartment units, rooms in a offense rule:
house]

3
 12. Private individual
1. When related offenses are
punished by different Bar questions
provsions of the same law, 2000, No. 14: What are the isntances
issuance of a single warrant when warrantless searches may be
effected?
is justified [Dischoso : 2001, No. 4: A is an alien. State whetner,
marijuana, shabu and in the Philippines, he is entitled to the
paraphernalia, Prudente: right against illegal searches and seizures
2. Where there are several and against illegal arrests.
counts of one specific
offense, issuance of one 1. Incident to Arrest
search warrant is sufficient
[Columbia] 1987, No. 3: Arrested in Baguio,
brought to Manila and his official
Rule on territorial jurisdiction: quarters in Camp Crame wasm
Search W. searched. Found murder weapon.
Valid?
1. Any court within whose Rules: 1. Contemporaneous to
territorial jurisdiction the arrest
crime was committed; 2. Please under his
2. For compelling reasons immediate control
stated in the application, Leangsiri
any court within the judicial Che Chun Ting
region where the crime was Musa
committed or where the

CONSTITUTIONAL LAW II
warrant shall be served. 2. Consented Search
[Chiu]
Principles-
Others: 1. Only the person whose right
has been invaded can give
1. Any court, subject to the consent [Layague/Asis]
requirement of territorial 2. Consent has to be given
jurisdiction, can issue any expressly
warrant for any offense. 3. The search cannot extend
[Kenneth Roy: Regardless of beyond the purpose for wich
nature or imposable consent was given
penalty]
Plain View

Datu Kirby
Arrest Warrants:
Requisites for Search in Plain
Arrest Warrants: Questions View:
1. There must be a prior
Must the judge personally examine justification for the
complainant and his witnesses? intrusion;
Can the judge rely on the certification of 2. The police inadvertently
the prosecutor that there is probable
cause for the offense?
came across the evidence;
Is the person subject to arrest entitled to 3. The illegality must be
notice and hearing before the judge immediately apparent
issues? ( PEOPLE VS. MUSA )
[PASUDAG]
Valid warrantless searches:
2. Incident to lawful arrest 1990, No. 9: Some police operatives
3. Consented search acting under a lawfully issued warrant for
4. Plain view the purpose of searching for firearms in
the House of X located at No. 10 Shaw
5. Stop and frisk Blvd, Pasig, MM, found instead of
6. Moving vehicles firearms, 10 kilos of cocaine.
7. Custom laws May the said police operatives lawfully
8. Exigency seize the cocaine?
9. Airport Security
10. Incident to lawful 4. Stop and Frisk:
arrest
11. Prison search

4
It must be based on probable
cause, that is that the person is
acting suspiciously, which must
not be based on the subjective
perception of the police. His
unusual behavior must suggest a
crime. Reports do not constitute
probable cause.
[Mengote/Lacerna]
--
Bar Question: 2000, 14: Crack units of
the Anti-narcotics Unit were assigned on
surveillance of the environs of the
cemetery where the sale and use of
dangerous drugs are rampant. A man
with reddish and glassy eyes was walking
unsteadily moving towards them but
veered when he sensed the presence of
policemen. They approached him,
introduced themselves as police officers
and asked him what he had clenched in
his hand. The police pried it open and
found marijuana. Is it admissible in
evidence?
Bar Question, 1995: Remedial- What is
Terry Search? A search whose object is to
determine the identity of a suspicions
individual or to maintain the status quo
while the police seeks to obtain more
information.
5. Moving Vehicles
1. Vehicles may be stopped at
check points and subjected
to visual search only
2. Extensive search is
permissible only if there is
probable cause;
3. Probable cause can be a
report that a contraband is
being transported, or it can
be that the person is acting
suspiciously
4. Failure to object is
equivalent to consent,
unless under the
circumstances we cannot
expect the person to object.
[Valdez: thin Ilocano with Green bag.
Gonzales :woman with long hair, maong
pants, jacket, ray ban and black traveling
bag.
1992/5: during the recent elections,
checkpoints wee set up to enforce the
election period ban on firearms. During
one such routine search one night, while
looking through an open window with a
flashlight, the police saw firearms at the
backseat of thec ar, partially covered by
papers and clothes.
A. Antonio, owner and driver of the car in
question, was charged with violation of
the firearms ban. Are the firearms
admissible in evidence against him.
Explain.
B. If, upon further inspection by the
police, prohibited drugs wee found inside
the various compartments of the car, can
the drugs be used in evidence against
him?
1989, No. 7: Pursuing reports that great
quantities of prohibited drugs are being
smuggled at nighttime through the
shores of Cavite, the Southerm Luzon
command set up checkpoints at the end
of the Cavite coastal road to search for
passing motor vehicles. A 19-year old
boy, who finished fifth grade, while
driving, was stopped by the authorities at
the checkpoint. Without any objection
from him, his car was inspected and the
search yielded marijuana leaves hidden in
the compartment of the car.
Was the search valid?
6. Custom Law Enforcement
Requisites for Search under
Customs Laws:
1. It must be conducted by
persons exercising police
authority under the custom
laws;
CONSTITUTIONAL LAW II
2. There must be probable
cause;
3. It is limited to persons,
vehicles, vessels, aircrafts,
land enclosure, warehouse,
stores, but not dwelling
houses;
4. Only dutiable or prohibited
goods can be seized. (PAPA
VS. MAGO )
Bar Question: 1991, No. 8
Ogario: A regular court (RTC) has no
jurisdiction to quash a Warrant of Seizure
Datu Kirby
and Detention issued by the Customs
Collector. It has exclusive jurisdiction.
Remedy?
Achacoso
Harvey v. Santiago
7. Exigency De Gracia
8. Airport Search
Johnson:
-Reduced expectation of
privacy
-minimum instrusiveness
-gravity of safety interest
involved
Canton: RA 6235: Ticket -
holder thereof is subject to
search for an seizure
Holder refusing to be
searched shall not be
allowed to board aircraft.
5
9. Jail Security: 1993, No. 9: Johann learned that the
police were looking for him in
connection with the rape of an 18
Conde- siezure of knives from year old girl, a neighbor. He went to
visiting wife the police station a week later and
1989 Bar Q? presented himself to the desk
sergeant. Coincidentally, the rape
victim was in the premises executing
10. Private Persons an extra-judicial statement. The
victim pointed to him as the rapist
and he was arrested. Valid?
Valid Warrant less Arrests:
Question, 10, 1997: A, while on board
a passenger jeep one night, was held
1. When in his presence, the up by a groupd of 3 teenagers who
person to be arrested has forcibly divested her of her watch,
committed, is actually necklace and wallet containign P11.
committing, or is That done, the trio fled. B, the
jeepney driver, and A complained to
attempting to commit an
the police to whom they gave
offense; [Flagranti description of the culprits. According
Delicto Rule] to the jeep driver, he would be able to
2. When an offense has in identify the culprits if presented to
fact been committed, and him. Next morning, A and B were
caleld to the station and made to
he has personal identify C and D. Was the arrest of C
knowledge of facts and D valid?
indicating that the
person to be arrested has Exclusionary Rule: Meaning
committed it; and

CONSTITUTIONAL LAW II
1. Illegal warrantless
[Freshly Committed Rule] searches
2. Void warrants
Amendment: When an offense has
just been committed and he has
probable cause to believe based Consequence return the
on personal knowledge of facts objects, unless they are
and circumstances that the person contraband. In most cases,
to be arrested has committed it. accused will have to be
acquitted.
3. When the person to be Stonehill- A personal right
arrested is a prisoner
who has escaped from Provisions with exclusionary
penal establishment or rule:
place where he is serving

Datu Kirby
final judgment or Sec. 3
temporarily confined The privacy of communication
while his case is pending, and correspondence shall be
or has escaped while inviolable except upon lawful
being transferred from order of the court, or when
one confinement to public safety or order requires
another.) (RULES OF as prescribed by law.
COURT)
Requisites: Sec. 3. Privacy of
1. Time element [Sinoc Communications
allowed 12, while Manlulu May be restricted:
disallowed 19] Continuing Upon lawful order of the court
Offense? When prescribed by law as
2. Probable cause public order and safety
Jayson requires
Alavario RA 4200 punishes
3.Vinalon interception and recording of
Posadas 4 days conversation without the
Kimura 2 days consent of both parties. [Anti-
Test: Report of victim and Wire Tapping Law]
witnesses generally sufficient (But
Cubcubin, Sequino) It is similar to Sec. 3 in the
sense that they are both

6
exclusionary rules, but it goes In the criminal case against B for
further because it punishes. It murder, is the tape recorded
conversation containing his admission
is narrower in the that it covers admissible in evidence?
only oral communication.
Freedom of speech, expression
Ople: Does the Constitution and of the press is the liberty
protect the right to privacy? to discuss publicly and
When may it be truthfully any matter of public
curtailed?/Sabio interest without censorship or
punishment.
Salcedo-Ortanez taped
recorded conversation Outline
Forms of restriction
Zulueta pictures [Marti rule?]
Tests on Restriction
Alejano Can letters of Libel, Obscenity and
detainees or convicts be Contempt
opened and read? Is Sec. 3 Petition and Assembly
available to them? Exception?
Restraints on Expression:
Bar Questions:
1. Prior Restraint
1998, No. 7: The police had suspicions
that Juan Samson, member of the Prior restraint is government
subversive New Proletarian Army, was restriction on forms of

using the mail for propaganda
purposes in gaining new adherents to
its cause, The Chief of Police of
Bantolan, Lanao del sur ordered the
Postmaster of the town to intercept
and open all mail addressed to and
coming from Juan Samson in the
interest of national security. Was the
order of the Chief of Police valid?
No. 8, 1989: While serving sentence in
Muntinglupa for the crime of theft, X
stabbed dead one of his guards. X
was charged with murder. During his
trial, the prosecution introduced as
evidence a letter written in prison by
CONSTITUTIONAL LAW II
expression in advance of actual
publication or dissemination.
2. Subsequent Punishment
Subsequent punishment is the
restraint on freedom of speech,
expression and of the press
that comes after the exercise
of said rights in the form of
criminal prosecutions, citations
for contempt or suits for
damages.

Datu Kirby
X to his wife tending to establish that The exercise of prior restraint
the crime of murder was the result of
premeditation. The letter was written bears a presumption of
voluntarily. In the course of unconstitutionality, except:
inspection, it was opened and read by In times of war
a warden pursuant to the rules of
discipline of the Bureau of Prisons and
considering its contents, the letter
When the COMELEC exercises
was turned over to the prosecutor. its power under Sec. 4, Art. XI
The lawyer of X objected to the .
presentation of the letter and moved
for its return on the ground that it When the restriction is content
violates the right of X against
unlawful search and seizure. Decide. neutral
Content-Neutral v. Content-
No. 12, 2001 A ahs a telephone line Based
with an extension. One day, A was
talking to Be over the telephone. A
1. Content-Neutral One
conspired with his friend C, who was
at the end of the extension line that is imposed not on
listening to As telephone the content of the
conversation with B, to overhear and speech but on the time
tape-record the conversation wherein mode or manner of
B confidentially admtted that with
evident premeditation, he killed D for
place of the exercise of
having cheated him in their business the right. [No
partnership. B was not aware that presumption of
the telephone conversation was being unconstitutionality, and
tape-0recorded.

7
 a deferential standard substantive evil that the
of review is required.] legislature has a right to
prevent. (GONZALES VS.
2. Content-based- COMELEC)
imposed on content,
suffers from 3. Balancing of Interest
presumption of
unconstitutionality and Courts will weigh or balance
should be subject to the conflicting social interests
the clear and present that will be affected by
danger rule legislation and uphold what
should be considered as the
Examples of content-based- most important interest.
Sanidad v. COMELEC plebiscite Lagunsad
Examples of content-neutral
Osmena v. COMELEC ad ban Contempt/SC
Bayan v. Ermita
SC Circular 1. Libel: Vasquez Rule

Challenges to restriction on If the libelous statement

free speech : relates to official
functions, truth is a
Overbreath a law is defense. It is the public
overbroad which sweeps official who must prove
unnecessarily broadly and that the statement is
invade an area of protected

CONSTITUTIONAL LAW II
false, and
freedom. It was made with
knowledge of its falsity,
Vagueness a law which lacks or
comprehensive standard so There was reckless
that people would differ as to disregard whether it is
its meaning true or not.
Example of an overbroad restriction:
Freedom of Speech in the
2003, No. 9: May the COMELEC Military:
prohibit the posting of decals and
stickers on mobile places, public or Kapunan v. De Villa
private, such as on a private vehicle
and limit theor location only to the Gudani v. Senga
Borjal

Datu Kirby
authorized posting areas that the
COMELEC itself fixes.
The reverse presumption
Also ABS-CBN prohbiting exit polls
applies not only to public
Example of vague law: officials but to a public figure
Ople Case but also to:

Tests on Restrictions: Any person who, by his

accomplishment, fame, mode
1. Dangerous Tendency of living, or by adopting a
profession or calling which
If the words spoken create a gives the public interest in his
dangerous tendency which the doings, affair or character.
state has a right to prevent, (NEW YORKS TIME)
then such words are
punishable. Question 5, 2004: The STAR, a
national daily newspaper, carried an
exclusive report stating that Senator
2. Clear and Present Danger XX received a house and lot located at
YY St., Makati, in consideration for his
Whether the words are used in vote cutting cigarette by 50%. The
such circumstances and are Senator sued the Star for libel
claiming the report was completely
such nature as to create a clear false and malicious. According to the
and present danger that they Senator, there is no YY St. in Makati,
will bring about the and the tax cut was only 20%.

8
The defendants denied actual malice, 2006, No. II, The SM filed with the
claiming privilege communication and Office of the City Mayor of Manila an
absolute freedom of the press to application for permit to hold a rally
report on public officials and matters on Mendiola St. on Sept. 5, 2006 fro
of public concern. If there was any 10:00 to 3:00pm to protest the
error, the Star said it would publish political killings of journalist.
the correction promptly. However, the City Mayor denied their
Is thee actual malice in Stars application on the ground that a rally
report. How is actual malice defined? at the time and place applied for will
Are the defendants liable for block traffic in the San Miguel and
damages? Quiapo districts. He suggested the
Liwasang Bonifacio, which has been
2. Contempt Balancing the designated a Freedom Park, as venue
for the rally.
need to respect the dignity of 1. Does the SM have a remedy to
courts and freedom of contest the denial of its application
expression. for a permit?
Contempt without any 2. Does the availability of the
Freedom Park justify the denial of
pending case? SMs application for a permit?
3. Is the requirement to apply for a
3. Obscenity- permit to hold a rally a prior restraint
on freedom of speech and assembly?
In re Iglesia extent of power 4. Assuming that despite the denial
of the application for a permit,its
of the Board to suppress, not membes held a rally prompting the
just classify police to arrest them. Are the arrests
without judicial warrants lawful?
Pita seizure of obscene
Section 5: Freedom of Religion

CONSTITUTIONAL LAW II
materials

Petition and Assembly Non- Establishment Clause

Freedom of assembly is the The non-establishment clause

right of the people to meet
peaceably for consultation and
discussion of matters of public
concern.
Bayan v. Ermita:
1. Is BP 880 constitutional?
2. Is CPR constitutional?
prohibits legislation which aid
one religion, aid all religions,
or prefers one over another.
Tests for Allowable Aid to
Religion:
1. The statute must have a
secular legislative
purpose;

Datu Kirby
3. What if thee is no freedom 2. The principal or primary
park? effect is neither one that
4. Who has the burden of advances or inhibits
proving that there is no religion;
permit? 3. It must not foster
5. When may freedom Of excessive government
assembly be restricted or entanglement with
denied? religion.
( LEMON VS.
FREEDOM OF ASSEMBLY AND KURTZMAN )
THE COURTS
1. Manosca 2000, No. 8
2. In re: Iglesia
Bar Questions:
2002, No. 10: 10 public school
teachers of Callocan left their 3. Question 10, 1992: Recognizing the
classrooms to join a strike, which value of education in making the
lasted for one month, to ask for Philippine labor market attractive to
teachers benefits. They were foreign investment, the DECS offers
dismissed by the DECS Secretary. subsidies to accredited colleges and
They argue that their strike was an universities in order to promote
exercise of their Constitutional right quality education. The DECS grants
to peaceful assembly and to petition subsidy to a Catholci school which
the government for redress of requires its students to take at elast 3
grievances. Resolve. [Also 2000, No. hours a week of religious instruction.
12] 1. Is the subsidy permssible?

9
2. Presuming that you answer in the
negative, would it make a difference if The liberty of abode and travel
the subsidy were given solely in the
form of laboratory equipment in
chemistry and physics? Sec. 6. The liberty of abode
3. Presume, on the other hand, that and of changing the same
the subsidy is given in the form of within the limits prescribed by
scholarship vouchers given directly to
the student and which the student
law shall not be impaired
can use for paying tuition in any except upon lawful order of the
accredited school of his choice, court. Neither shall the right
whether religious or non-sectarian. to travel be impaired ecept in
Will your answer be different? the interest of national
Free Exercise Clause
Free exercise of religion is the security, public safety, or
freedom to believe, which is absolute, public health as may be
and the freedom to act, which may be provided by law.
restricted, in accordance with ones
beliefs.
Liberty of abode:
Test: Clear and Present Danger

1998, No. 15 A religious organization Restricted by:

has a weekly television program. The
program presents and propagates its
religious doctrines and compares their
practices with those of of other
religions.
As the MTRCB found offensive several
episodes of the program which
attacked other religions, the MTRCB
1. Congress Within the limits
prescribed by law
2. Court lawful order of the
court (Yap Case)
1996, No. 2: The military commander
in charge of the operation against

required the organization to submit
its tapes for review prior to airing.
The group brought the case to court
on the ground that the action of the
MTRCB suppresses its freedom of
speech and interferes with its right to
free exercise of religion. Decide.
1. Ebralinag, 1997, No. 12, 2003, No.
12
Clear and Present Danger
2. Victoriano v. Elizalde
3. Escritur:
1. What should be the states
attitude towards religion? Benevolent
neutrality
2. What test should be applied?
CONSTITUTIONAL LAW II
rebel groups directed the inhabitants
of the island which would be the
target of attacks by government
forces to evacuate the area and
offered the residents temporary
military hamlet. Can the military
commander force the residents to
transfer their places of abode without
court order? Explain.
1998, 8- Juan Casanova contracted
Hansens disease with open lesions.
A law requires that lepers be isolated
upon petition of the City health
Officer. The wife of Juan Casanova
worte a letter to the City Health

Datu Kirby
Compelling interest test paramount Officer to have her formerly
and compelling philandering husband confined in
3. Has it discharged the burden? some isolated leprosarium.Juan
Casanova challenged the
constitutionality of the law as
RELIGIOUS DISPUTES violating his liberty of abode. Will the
suit prosper?
Among members of same
group (Iglesia case) B. Right to travel: Who can
As between religious restrict?
groups
(Austria, Taruc) 1. Courts, of people out on
bail
An ecclesiastical or religious 2. Executive and
affair is one that concerns administrative officials, if
doctrine, creed or form of they do not act arbitrarily.
worship of the church, or the Meaning that there is a law
adoption and enforcement of authorizing them and they
regulation within the religious do it on the basis of natl
organization for the security, public safety and
government of the membership public health
and the power of excluding 3. Congress [Silverio Case]
from such associations those
deemed unworthy of -Marcos case
membership -Southwing

10

Conditions when court may
allow travel:
Prove urgency
State duration
Obtain consent of surety/
Bar--1991/No. 6:Mr. Esteban Krony, A
Filipino citizen, is arrested for the
crime of smuggling. He posts bail for
his release. Subsequently, he jumps
bail and is about to leave the country
when the DFA cancels his passport.
He sues the DFA claiming violation of
his freedom to travel citing Sec. 6 Art.
III, to wit Neither shall the right to
travel be impaired except in the
interest of national security, public
safety, or public health, as may be
provided by law. Decide.
RIGHT TO INFORMATION
Sec. 7. The right of the people
to information on matters of
public concern shall be
recognized. Access 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.
A. Right to Information
B. Access to official records
Matters of public concern
those which the public may
want to know, because it
directly affects their lives or
because they arouse the
interest of a citizen
1. Aquino-Morato Voting slips
2. Echegaray- Lethal Injection manual
3. Almonte plantilla/vouchers
4. Gonzales Multiple positions
5. Legaspi CS eligibles
6. Hilado Are all court records
pertaining to a case public records?
(FJ, OPINIONS, ORDERS of the Court
are matters of public concern but not
pleadings.)
6. Chaves- not only consummated
contracts, but also steps leading to a
contract, but not inter-agency
recommendations. Foreign affairs?
7. Chavez Bids submitted for
evaluation, official recommendation?
official acts and transactions
8. Bayan v. Ermita: Legislative
investigation
9. Who has standing to enforce
compliance in courts? Remedy
10. Exceptions: Cabinet sessions,
court deliberations, diplomatic and
military and national security matters,
trade secrets.
RIGHT TO ASSOCIATION
Sec. 8. The right of the people ,
including those employed in
the public and private sectors,
to form unions, associations or
societies for purposes not
contrary to law shall not be
abridged.
What the right to association
guarantees?
The right to join any
association
CONSTITUTIONAL LAW II
The right to refuse to join
Exception: Close-shop
agreement
Exception to the
exception: freedom of
religion
What does it guarantee?
1. PAFLU
2. Philippine Statehood USA
3. Ocena
4. Tarnate v. Noriel
Datu Kirby
But take note of Bell-Air, also
PADCOM v. Ortigas [voluntary],
but STA Clara?
Bar Q, 2000, No. 12: Are employees in
the public sector allowed to form
unions? To strike? Why?
EMINENT DOMAIN
Section 9: Private property
shall not be taken for public
use without just compensation
Eminent domain is the power of
the government to take over
private property for public use
11
after payment of
compensation.
Principles:
Inherent in the State, but
exercised by Congress and
those expressly authorized by
law.
Can the COMELEC expropriate?
See PPI and Telebap
just
1. May the owner recover the
property on the ground that
expropriator diverted property
to another public purpose/or
abandons it? Reyes v. NHA
2. As an exception, when may
owner be allowed to recover?
Heirs of Moreno

Outline: 3. Must the condition be

1. Taking
2. Public Use
3. Just compensation
I. Taking:
1. Physical possession
2. Impairment of use
Gutierrez case
Didipio right of way,
tunnels, infrastructures
Fajardo
How much should expropriator
expressed in the decision?
Amount to be paid?
Just Compensation
Must be in cash, except Santos
Determination is a judicial
function
Basis: Time of taking or time of
filing, whichever comes first,
except City of Cebu case

CONSTITUTIONAL LAW II
pay? 4. What is the rate of interest if
expropriator fails to pay on
Elements of Taking: time? Republic v. CA

1. 1 . Expropriator must 5. Can the owner recover the

enter the private property fails to pay just
property; compensation after an
2. The entrance must be unreasonable lapse of time?
for more than a limited Republic v. Lim
period;
3. The entrance should be When can exppropriator enter
under warrant or color the property?
of legal authority; 1. After filing of complaint,

Datu Kirby
4. The property must be 2. With notice to owner
devoted to public use or 3. Deposit with authorized
otherwise informally government depository
appropriated or 4. Amount equivalent to
injuriously affected; assess value for
5. 5. The entrance must be taxation purposes
to oust the owner and
deprive him of Expropriation by LGUs
beneficial enjoyment .
( REPUBLIC VS.
CASTELLVI ) It must be based on an
ordinance, not a resolution; VM
II. Public Use Realty, Saguitan

Use by the Public There is no need to secure DAR

Indirect advantage or benefit clearance even if property is
to the converted to non-agricultural
public/Sumolong/Manosca [Province of Camarines]

Limits of second meaning: Provincial board cannot

Manotoc disapprove on the ground of
See also Masikip lack of necessity. [Monday]
[Homeowners Association]

12
Police Power and Eminent
Domain:
1. 1 . If the property is
taken in the exercise of
eminent domain, the
owner is entitled to
compensation, but in
police power, he is not .
2. In eminent domain,
property is taken for
public use, but in police
power, it is destroyed in
the interest of public
health, safety, morals or
public welfare .
1993, 5: In expropriation
proceedings:
1. What legal interest should be used
in the computation of interest on just
compensation?
2. Can the judge validly withhold
issuance of the writ of possession
until full payment of the final value of
the expropriated property?
1990, 2: The City of Cebu passed an
ordinance proclaiming the
expropriation of a 10 hectare property
of C Company which is already a
developed commercial center. The
city proposed to operate the
commercial center in order to finance
a housing project for city employees
in the vacant portion of the said
property. The ordinance fixed the
price of the land and the value of the
improvements to be paid C Company
on the basis of the prevailing land
value and cost of construction.
As counsel for c company, give 2
constitutional objections to the
validity of the ordinance.
2004, No. 9: The City of San Rafael
passed an ordinance authorizing the
city Mayor, assisted by the police, to
remove all advertising signs displaced
or exposed to public view in the main
city street, for being offensive to sight
or otherwise a nuisance. AM, whose
advertising agency owns and rents
out many of the billboards ordered
removed by the City Mayor, claims
that the City should pay for the
destroyed billboards at their current
market value since the City has
appropriated them for the public
purpose of city beautification. The
Mayor refuses to pay, so AM is suing
the City and the Mayor for damages
arising from the taking of his property
without due process nor just
compensation.
Will AMs suit prosper?
1989, No. 16: A law provides that in
the event of expropriation, the
amount to be paid to a landowner as
compensation shall be either the
sworn valuation made by the owner or
the official assessment thereof,
whichever is lower. Can the
landowner successfully challenge the
law in court? Discuss briefly your
answer.
1996, 4: The City of Pasig initiated
expropriation proceedings on a one
ehctare lot which is part of a 10-
hectare parcel of land devoted to the
growing of vegetables. The purpose
of the expropriation is to sue the land
as a relocation site for 200 families
squatting along the Pasig river.
1. Can the owner of the property
oppose the expropriation on the
ground that only 200 out of the more
than 10,000 squatter families in Pasig
will benefit from the expropriation?
2. Can DAR require the city to first
secure and authority before
converting the use of the land from
agricultural to housing?
1987, No. 16: Pasay City filed an
expropriation proceedings against
several landowners for the
CONSTITUTIONAL LAW II
construction of an aqueduct for flood
control on a barangay. Clearly, only
the residents of that barangay would
be benefited by the project?
1992, No. 11: The PCO, a government
agency, wishes to establish a direct
computer and fax linkup with trading
centers in the US. The advanced
technology of a private company, PCT,
is necessary for that purpose but
negotiations between the parties
have failed. The Republic, in behalf of
the PCO, files suit to compel the
telecommunications company to
execute a contract with PCO for PCOs
access and use of the companys
Datu Kirby
facilities.
Decide. If the case will not prosper,
what alternative will you propse to
the Republic?
Section 10: Impairment of Contracts
A law impairs the obligations of
contracts when it changes the terms
of the contract:
1 . In time or mode of
performance;
2. Imposes new conditions;
3. Dispenses with those
expressed;
4. Authorizes for its
satisfaction something different .
Basic Principles
Police power, eminent domain,
taxation and preferred rights
of freedom are superior to non-
impairment.
13
 officer starts to ask questions to
elicit information and/or
Can be invoked only against confessions or admissions from
statutes, ordinances, but not to the accused. At such point or
judicial or quasi-judicial acts. state, the persons being
interrogated must be assisted by
Usual answers to questions: counsel to avoid the pernicious
practice of extorting false or
There is no contract to speak of coerced admissions or confessions
[Gonzalo, CM Timber, Lim v. Pacquing] from the lips of the person
Police power, etc.. is superior [Caleon
v. Agus (sub-leasing), La Insular, undergoing interrogations for the
Beltran commission of an offense.
Contract was not impaired [Siska ( PEOPLE VS. DIMAANO )
(notice or rescission), Hontanosas]
1. If the police obtains
Bar Q: No. 18, 2001:: Pedro bought a
parcel of land from Smart Corp., a
confession without counsel
realty firm engaged in developing and orally, and later reduces it into
selling lots to the public. One of the writing with the assistance of
restrictions in the deed of sale which counsel, is the written
was annotated in the title is that the confession admissible?
lot shall be used by the buyer
exclusively for residential purposes. [Bandula, Quidato, Mojello]
A main hihgway having been
constructed across the subdivision, 2. Are voluntary admissions or
the area became commercial in res gestae statements
nature. The municipality later passed
covered? [Dy, but Arondain]

a zoning ordinance declaring the area
as commercial. Pedro constructed a
commercial bank building on his lot.
Smart Corp went to court to stop him
because he is violating the restriction
imposed on the contract and title.
The corporation contends that the
zonign ordinance cannot nullify the
contractual obligation assumed by the
buyer. Decide.
CONSTITUTIONAL LAW II
3. Is a person placed in a police
line up entitled to counsel?
[Pavillare, Hatton, but Macam]
4. Is an interview given to a TV
or radio reporter covered by
the right to counsel? [Espejo,
Taboga, Endino]

5. Are Filipinos detained in a

foreign country but later on
FREE ACCESS TO COURTS
tried in the Philippines entitled
to the right if investigated
Sec. 11. Free access to the

Datu Kirby
abroad? [Gomez]
courts [and quasi-judicial
bodies and adequate legal
6. When a suspect is made to
assistance] shall not be denied
sign receipts of articles taken
to any person by reason of
from him, is he entitled to
poverty.
counsel?[Linsagna, Li Wai
ching, Gutang]
CUSTODIAL INVESTIGATION
7. What about if he is made to
sign a marked money taken
Topics/Outline
from him in a buybust
operation?
1. When right attaches
8. Can pictures of a
2. Counsel of Choice
reenactment taken without
3. Waiver
counsel be admitted in
4. Exclusionary Rule
evidence? [Olvis]
When right to counsel attaches
9. In an administrative
?
investigation, is a person
entitled to counsel? Lumiqued,
Sebastian/postal,
The right to counsel attaches
Remolina/CSC, Ting Lan
upon the start of an investigation,
Uy/NPC, Salonga/Metrobank
i.e . , when the investigating

14
 1. Suspect can choose his
10. Are you entitled to counsel lawyer,
when you are only invited or 2. If police chooses someone,
interviewed? [Tan, Sequino] and he does not object, he is
deemed counsel of choice of
Summary: Custodial the suspect.
Investigation 3. Likewise, if police chooses
someone and you agree to
1. Suspect must be in custody, either be investigated without
in jail or deprived of your freedom in a objection, counsel is
significant way
deemed the choice of
2. Under investigation, questioning accused.
initiated by police officers having
custody in relation to an offense [NC 2005, Bo. 8: Mariano was arrested by
Construction, Malngan] the NBI as a suspect in the shopping
2002, No. 8-Dante Galang was mall bombings. Advised of his rights,
arrested and investigated by the Mariano asked for the assistance of
police without counsel. In the course his relative, Atty. Santos. The NBI
thereof, he admitted ownership of the noticed that Atty. Santos was
shabu taken inside his handbag. The inexperienced, incompetent and
NBI made him sign a receipt for the inattentive. Deeming him unsuited to
plastic bag and its shabu contents. Is protect the rights of Mariano, the NBI
the receipt admissible? [Also 1993/4] dismissed Atty. Santos. Appointed in
his palce was Atty. Barroso, a bar
1997, No. 10: C and D were placed in a topnothcer who was in the premises
police line-up as robbery suspects. visiting a relative. Atty. Barroso ably
The complainant was able to identify assisted Mariano when the latter gave

CONSTITUTIONAL LAW II
them as the robbers. a statement. However, Mariano
Was their identification without the assailed the investigation claiming
assistance of counsel valid?[Also that he was deprived of cousnel fo his
1993, No. 9] choice.
Was the NBI correct in dismissing
1990, No. 9. Police operatives Atty. Santos and appointing Atty.
searched the house of X for firearms Barroso in his stead? Is Marianos
by virtue of a search warrant. May X statement, made with the assistance
successfully challenge the search on of Atty. Barroso, admissible in
the ground that the peace officers did evidence?
not inform him of his right to remain Counsel must be competent and
silent and his right to counsel? independent, effective and vigilant.

No. 14, 1993: The S/S Masoy of

Panamanian registry, while moored at
Who are NOT deemed
the South Harbor, was found to have independent?

Datu Kirby
contraband goods on board. The
customs Team found out that the 1. Prosecutors- [Matus Viduya,
vessel did not have the required RA 7438
ships permit for shipping documents.
The vessel and its cargo wee held and 2. Those conducting
a warrant of seizure and Detention preliminary investigations
was issued after due investigation. In [7438]
the course of the forfeiture 3. City, Municipal and
proceedings, the ship captain and the
Provincial attorneys
ships resident agent executed sworn
statements before the customs legal 4. Mayors and Barangay
officer admitting that the contraband Captains who are lawyers
cargo were found aboard the vessel. 5. Policemen whoa re lawyers
The shipping lines object to the [Obero]
admission fo the statements
contending that the two were not
assisted by counsel? Are the 1996, No 3: A, who was arrested by
statements admissible? the police in a murder case, was not
represented by counsel during the
question and answer stage. However,
before he was asked to sign his
2. Counsel of Choice statements to the police investigator,
the latter provided A with counsel,
who happened to be at the police
Only lawyers are qualified-
station. After conferring with A, the
Ordono: counsel told the police investigator
that A was ready to sign the
Rules on choice: statements.

15
Can the statements of A be presented
in court as his confession? Explain.
1993, No. 17: In his extrajudicial
confession executed before the police
authorities, Jose Walangtakot
admitted killing his girlfriend in a fit
of jealousy. This admission was made
after the following answer and
question to wit:
Rafael and Carlos who, he said,
together with him committed the
crime. The extrajudicial confession
was executed without the assistance
of counsel.
Accused Rafael and Carlos
vehemently objected on the ground
that said extrajudicial confession is
inadmissible in evidence against
them.

T: Ikaw ay may karapatan pa rin Section 13: Right to Bail

kumuha ng serbesyo ng isang
abogado poara kmakatulong mo sa
inmbestigasyong ito at kung wala When is bail a matter of right ?
kang makuha, ikaw ay aming bibigyan
ng libreng abogado, ano ngayon and
iyong masasabi?
1. Before or after conviction by
S: Nandiyan naman po si Fiscal kaya the MTC, MTCC, MCTC;
hindi kn na knakailangan ang
abogado? 2. Before conviction by the RTC
Is the confession admissilbe for an offense punishable by
less than reclusion perpetua
III. Waiver: Requisites or death [ SC Administrative
Circular No. 12-94 ]; and
1. Must be in writing
2. Must be made in the 3. Before conviction by the RTC
presence of counsel

CONSTITUTIONAL LAW II
for an offense punishable
3. After a valid waiver, with reclusion perpetua or
confession itself must be death when the evidence of
signed in the presence of guilt is not strong.
the parent, brother, sister, (Constitution, Art. IV, Sec.
spouse, mayor, judge, 13]
supervisor or priest
When is bail a matter of
IV. Exclusionary Rule discretion ?
Confessions which are covered:
After conviction by the RTC for
1. Uncounselled confession an offense punishable by less
2. Obtained through force than reclusion perpetua or

Datu Kirby
torture, violence and other death. [SC Administrative
means that vitiates the will Circular No. 12-94].
3. Oral confession [7438]
4. Those obtained after a valid When is bail not allowed ?
waiver but nto signed in the
presence of brother, sister, 1. After final
parent, spouse or etc.. judgment by any
court;
Scope of inadmissibility- 2. Before conviction
1. Against confessant for an offense
2. Against third persons punishable by
3. Applies to objects taken death or reclusion
4. For any purpose in any perpetua where the
proceedings evidence of guilt is
strong;
Rafael, Carlos and Joseph were
accused of murder before the RTC of [Constitution, Art .
Manila. Accused Joseph turned state IV, Sec. 13]
witness against his co-accused Rafael 3. After conviction for
and Carlos, and was accordingly a crime punishable
discharged from the nformation.
by reclusion
Among the evidence presented by the
prosecution was an extrajudicial perpetua or death
confession made by Joseph during the while the case is on
custodial investigation, implicating

16
 appeal. [People Vs.
Valeriano]
4. After conviction for
an offense with the
penalty exceeding
six years but but
not more than 20
years, if;
A. accused is a recidivist, quasi-
recidivist, habitual delinquent or
has committed a crime
aggravated by reiteracion;
B. accused is found to have
previously escaped from legal
confinement Requisites for Trial in Absencia:
accused of his right
before the arraigned;
2. The court must ask him
if he desires the
service of counsel;
3. If he does, and is
unable to get one, the
court must assign him
a counsel de oficio;
4. If accused wishes to
get a private counsel,
the court must give
him time to obtain one.
[PP VS. HOLGADO]

1. Accused has been

C. accused committed the offense arraigned;
while on probation, parole or 2. He was notified of the
conditional pardon; proceedings; and
3. His failure to appear is
D. circumstances of accused or his unjusttified.
case indicate the probability of

CONSTITUTIONAL LAW II
flight; Section 15: Habeas Corpus

E. there is undue risk that during A writ of habeas corpus is an

the pendency of the appeal, order issued by a court
accused may commit another directed to a person detaining
crime. [SC Administrative another, commanding him to
Circular No. 12-94. produce the body of the
prisoner at a designated time
and place, and to explain the
Section 14: Trial Rights of the cause of detention.
Accused
Double Jeopardy
Due Process in Criminal Case

Datu Kirby
Requisites for Double Jeopardy:
1. A court or tribunal
cloth with judicial 1. The first jeopardy must have
power to hear and attached prior to the
decide the case; second;
2. Jurisdiction lawfully 2. The first jeopardy must have
acquired over the been validly terminated; and
person of the accused 3. The second jeopardy must
and over the offense; be for the same offense.
3. Accused was given an
opportunity to be
heard; and
4. Judgment was I. When has the first
rendered upon lawful jeopardy attached?
hearing. [ PEOPLE V.
TOMIO] 1. When there is a valid
Section 14: Trial Rights of the complaint or information;
Accused 2. The complaint or
information was filed in a
Elements of Right to Counsel: competent court;
3. The accused has been
1. The court is duty arraigned and has pleaded.
bound to inform

17
 II. When has the first
jeopardy terminated?

1. When accused is
acquitted;
2. When accused is
convicted; or
3. When the case is
otherwise dismissed
without the express
consent of the
accused.

When is the second jeopardy

for the same offense?

1. When the two

offenses are identical;
2. When the second is an
attempt to commit the
first;
3. When the second is a
frustration of the
first;
4. When the first is

CONSTITUTIONAL LAW II
necessarily included
in the second; or
5. When the first is
necessarily included
in the second.

TRY TO ANSWER THE BAR QUESTIONS AS

WELL AS THE OTHER QUESTOINS FOR
CEREBRAL EXERCISE.

Datu Kirby

18