consti 2 mini review

7/29/2019 consti 2 mini review

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University of San Carlos / LLB 1 / RM 4101

WARRANTLESS ARREST Who enjoys the right to search and seizure? Citizens and

aliens. This is against any government agency or lawenforcer. You cannot invoke this against private person whotouches you or military unless they are delegated to do so(policeman, NBI agent, baranggay tanod.)

In a SW, there is no need of a pending case in court before the

court issues a SW. The warrant of arrest presupposes thependency of a criminal case. As a consequence of which, thecourt issues the warrant of arrest in order so that the accused willbe placed immediately under the custody of law so that theprosecution can start.

Right against unreasonable S&S is addressed only against lawenforcers or the State and general.

Is it necessary to always have a SW to have a valid search?Thereare exceptions provided by decisions of the SC.

Case: WON there was a valid waiver when the policeman askedthe accused to open his hands. The accused voluntarily opened

his hands. It was found that his hands contained shabu.

Themere act of silence does not constitute a valid waiver of the rightto unreasonable search and seizure.

Valid Warrantless Search & Seizures1. Waiver of the right to unreasonable S&S - giving of consent

Actual knowledge of the fact that you have that right. You relinquish that right.

2. Stop & Frisk (body search) Terry Doctrine - refers to the stop and frisk doctrine; if the

police officer has the reasonable ground or suspicion that theaccused may be committing a crime or may be into an illegalactivity, he can be stopped. For the protection of the lawenforcer, he may do a limited protected search (limited on

the outer garments). The policeman cannot put his handsinto the pockets of the accused. He cannot make anextensive search. The search is limited to patting. This is tocheck if the accused is concealing deadly weapons that maybe used against the law enforcer.

In the event the law enforcer will find contraband, can he bearrested without a warrant? YES. The arrest doesnt fallunder the stop & frisk. It falls under Sec. 5, Rule 113 of theROC. The accused was caught in flagrante delicto, that theaccused is committing a crime in his presence. What comesfirst is the search which may result to an arrest.

3. Search incidental to a lawful arrest Arrest must be lawfuland immediately after the arrest, you

make a search. Assess if the arrest is lawful. If unlawful, search will also be

unlawful. Evidence obtained through unlawful searches isdeemed inadmissible to court. (Doctrine of the fruit of thepoisonous tree)

Reasons:a. Make sure no deadly attack will made upon the law

enforcer.b. Prevent accused to destroy evidence that may be used

against him. When is there a lawful arrest? When there is a warrant of

arrest. There are exceptions:

c. Accused submits himself to lawful authority.d. When the person who is to be arrested was committing,

is about to commit, or has committed a crime in thepresence of the officer.

e. Accused arrested in a hot pursuit. Crime has committedand the arresting officer has sufficient facts that theaccused committed the crime.

f. Accused is an escapee from jail.

What would be the span of time between the arrest andsearch? Immediately. Simultaneously, if possible. It shouldbe within the area of control of the accused.

The requirement of incidental search must be made withinthe premises of the control of the accused. This is to preventthe planting of evidence.

Bano case - Accused was arrested. He alleged that he wasarrested without a warrant. Arresting office requestedaccused to bring him to accusers house where he foundfirearms. Are the firearms admissible in evidence havingbeen ceased incidental to a lawful arrest? Can they beconsidered as incidental? No, the seizure was invalid because

it wasnt made within the premises of control of the accused. Case - Accused after he was arrested if he had more of thedrugs. Accused said yes therefore arresting officersaccompanied him to his home. There they found more drugs

Are the drugs considered incidental?No. Case - Man was simply standing. Police thought he was

suspicious. Police arrested him and searched him where thepolice found grenades. Was the arrest lawful?No. He wasncommitting a crime while he was arrested. Looking at the skyisnt a crime. Was the search of the grenades incidental? NoThere was no lawful arrest.

Guy was arrested while driving his motorcycle carrying withhim a rooster. He was plugged down by the police officerasking him who owned the rooster. He was searched and the

officers found an unlicensed firearm. Was there a lawfuarrest?No. He wasnt committing a crime. Its not a crime tocarry a rooster at early dawn. Therefore the search wasntincidental. The firearm cannot be admissible to evidence. Hopursuit cannot be claimed by the policemen because therewas no prior report that the guy committed or will commit acrime. Accused was acquitted because there was an intrusionto his privacy. A violation of his constitutional right he getsaway with a violation of law.

People vs. Momstead - there was a dissenting opinion thawas more logical. There was a person reported to watch outfor a Caucasian. Authorities searched the bus and asked theCaucasian for his passport which he couldnt produce

Authorities searched the man and found hashish. Was thesearch incidental to a lawful arrest? In the dissentingopinion, it was stated that you cannot use hashish as theevidence because it wasnt a search incidental to a lawfuarrest. The search preceded the arrest. On the other handmajority of the opinion of the SC stated that the moment hewas asked for identification papers, he failed to produce itand violated the law. Therefore he was committing a crimethat will justify the arrest. The circumstances would appearthat the arrest was made first then the arrest. This shouldntbe so. The arrest should occur first prior the arrest.


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Other exceptions:1. Search of moving vehicles - For practical reasons. The

vehicle can easily move away. Search is limited to visualsearch. Body search cannot be made upon the driver andpassengers of the vehicle. (People vs. Padilla - they saw thefirearms on the floor of the vehicle w/o further search; therewas a valid search but limited only to visual search)Exception: Where probably caused is established that the

thing their looking for is in the vehicle and that thepassengers are involved in a crime, an extensive searchcanbe made by the law enforcers in the vehicle as well as thepassengers and drivers. Initial determination of probablecause belongs the police officers. Subsequent and finaldetermination belongs to the judge.

Bagalihog vs. Fernandez - Motorcycle parked near a Nipa hutwas used in the commission of the crime. The motorcycle wasseized by the policeman. Is the motorcycle admissible orinadmissible? It is inadmissible because there was no searchwarrant when it was seized. There was no urgency. It cant beconsidered a moving vehicle because it was just parked.

Case - Guy was disembarking from a vessel wherein he wassearched. Contraband was found. He was arrested thereafter.Was the search valid and is the contraband considered admissibleevidence? No. The search doesnt fall under the exception ofsearch of moving vehicles. Search wasnt done in a movingvehicle because the vessel already docked and the accused hasalready disembarked.

As to the passengers, they may be asked to step down or goout of the vehicle but body searches cannot be done uponthem unless the passenger consents.

2. Checking at airports/seaports Limited to visual search unless probable cause is proved then

extensive search may be done. RA6245 - It has to be stated as one of the conditions thatshould you refuse to have yourself searched or luggagesearched, that could be a ground for refusal.

People vs. Canton - one of the exceptions to do a search withouta warrant conducted at the airport.

People vs. Suzuki - involved a foreigner to a Bacolod/Iloilo flight.When they opened a box of piayaya was a box of shabu. Hecomplained that the search was invalid. The court ruled that thepassenger consented and that the search was done in an airporttherefore, no search warrant was needed.

GR: Smuggled goods can be searched without a warrant. Except,if smuggled goods are inside the dwelling house, it cannot besearched without a warrant.

People vs. Johnson -

3. Border checkpoints - There is no need for probable cause inorder to make a search.

4. Evidence in plain view - evidence which is directly apparentto the eye of the searching party even if it is not listed in the

search warrant list. If is apparent to the eye and isprohibited, it can be seized.

Ex. In a search for illegal possession of firearms and in the courseof the search, you find shabu on the table, can you seize theshabu and charge the person for illegal possession of drugs? Yes,as long as the following requisites are present:

There has to be a prior valid intrusion into the premises. Item is apparent to the authorities.

Ex. Search warrant orders the S&S of unlicensed firearms. In thecourse of the search, found inside a teacup were sachets oshabu. Can the sachets be seized? Yes, because they areprohibited by law. Can they be used against the accused for theillegal possession of drugs? No. They cant be considered asevidence of plain view. Finding of the evidence must beaccidental. If you directly look for it, it cant be consideredevidence in plain view.

Ex. They were looking for drugs. In the course of looking fodrugs, they saw something on the table wrapped in a newspaperThey unwrapped it and found marijuana. Can it be considered

evidence in plain view? No. It is not immediately apparent to theeye. Can the marijuana be seized? Yes, since it is prohibited.

People vs. Go - Counterfeiting of Chinese visa. They raided theoffice with a search warrant and confiscated some documentsThe dry seal and the rubber stamp were seized even if theywerent part of the search warrant. It was later found out thatboth were used in the counterfeiting. Are both items consideredevidence in plain view? Yes. They were simply taken from thetable. Are the stamp and dry seal admissible evidence? No. Itwasnt immediately apparent that the items were used in thecounterfeiting. It was only after the confirmation of the DFA.

5. Reasons of exigency or emergency.

Armed conflict or civil war. Crimes committed on occasion of a disaster or calamity. Search and seizures can be made without a warrant.

Common denominator - because it is without a warrant, thesearch is limited as to not harass the person being searched.

What is the remedy if there was a violation of this right? (Therewas no warrant and does not fall under exceptions.) - You cansue the person who did that for damages. This is a civil liberty.Secondly, the evidence obtained even if it will established thetruth, if illegally obtained cannot be used as evidence against theaccused. You can use the evidence against the violator to file anadministrative case. Thirdly, apply for an application for a writ oreplevin for recovery of goods unless items are prohibited. Iprohibited, items will remain under the custody of the courts.

Valid Warrantless Arrests1. In flagrante delicto. - the accused is committing or has

committed or is about to commit a crime in the presence ofthe arresting officer. The arresting officer even if nopolicemen can make the arrest even if without the warrantWhen you make an arrest, you must consider Art. 125 of theRPC on illegal detention or arbitrary detention. If it is anordinary citizen who makes an arrest, he must surrender him


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to the nearest police station immediately. If light offense,within 12 hours; if less grave offense, 18 hours; for graveoffenses, 36 hours. This should be done from the time of thearrest. Reason: It takes time for a warrant of arrest to beissued. The criminal may be able to escape. Continuingoffenses by the accused even if the elements constituting thecrime was not witnessed by the arresting officer -- can bearrested without warrant. (Ex. Rebellion, kidnapping)

Larranaga case - Arrested in Manila without a warrant. Arrest wasvalid because the victim was not found yet. Kidnapping isconsidered a continuing offense.

In the presence of the arresting officer, as long as thecommission of the crime is within the ear shock of the arrestingofficer and when he went to the crime scene, he saw somebodydead or injured and the accused was about to run away, can theaccused be arrested? Yes. He was committing a crime in thepresence of the arresting officer.

2. Hot pursuit. - A crime was in fact committed but however inthis case, the arresting officer is not present but (1) he must

personal knowledge of facts indicating that the person to bearrest committed the crime. (2) There must be immediacyfrom the commission of the crime to the time the accusedwas actually arrested.

Go case - Atenean was shot because he stole the parking slot ofGo. The accused went the police station asking if he was theperson alluded as the shooter. A witness saw him and said thathe was the person who shot the victim. Go was arrested rightthere and then.

Robin Padilla case - arrest in hot pursuit

3. Escapee from jail.

What will be the remedy of the accused arrested without awarrant?If he is arrested with no case file din court, he can applyfor a writ of habeas corpus or writ of amparo to question thevalidity of his arrest and detention OR he can post bail. As long ashe is deprived of his physical liberty, he can avail of bail.

Before filing the case in court, remedies are:1. Writ of habeas corpus2. Writ of amparo3. Post bail4. Sue for damages

If the case has already been filed, can you still post bail or availof the writ of habeas corpus?No. Once the case is filed in courtand a warrant of arrest is issued, it will cure the defect of theillegal arrest. The habeas corpus will become moot and academic.The posting of bail is considered a provisional liberty. It is amatter of right before conviction. On the other hand, the writ ofamparo will still prosper. The threat to life, liberty, and propertycan sill subsist even if a case has already been filed.

When do you question the validity of your arrest? You must raisethe issue before entering a plea. Once you allowed yourself to bearraigned, you have allowed yourself to be arrested.

Ex. If you think the arrest was irregular and never questioned itand was arraigned and entered a plea of not guilty. Can youquestion the validity of arrest.? No. Can you question the validityof the S&S? Yes.

Damages - file an administrative case against the police fordamages

PRIVACY OF COMMUNICATION & CORRESPONDENCE

It should be inviolable unless there is a lawful order of the Court.Lawful order refers to a search warrant.

Privacy of communication & correspondence - any form ocommunications; mass media, telecommunications, letterselectronic communications

Nobody can just open your letters without your knowledge andconsent. Nobody can just listen into conversation or record them.

There are several laws to implement the privacy o

communication and correspondence:

Anti Wire Tapping Act - RA 4200; it is not allowed to recordconversations especially from telephone calls. The only exceptionis if it made through an extension line. If you record it from anextension line, it may be inadmissible. There is no expectation oprivacy from an extension line.

Publication by transcribing the illegal conversation (Hello Garccase) is prohibited. The only exception to the publication is thatthere must be a warrant and that public interest or nationasecurity are affected by it. The Hello Garci case was onlydisclosed after the elections therefore it no longer involved publicinterest.

If somebody is harassing you by calling your number, can youask the telecommunication station to bug your landline so that ican be recorded and you can trace the caller?No. That would beviolation of the privacy of communication and correspondenceThe remedy would be to apply for a warrant in court. Thewarrant must state the violation and who the person could beThe thing to be searched here is the conversation(communication.)

Human Security Act - The government or military can bug anyconversation involving terrorism activity without need of a courtorder as long as it refers to terrorist activities.

Zulueta vs. CA - Wife was suspecting that the husband wasplaying fire with somebody else. Husband was a doctor. What thewife did was to ransack the table of the husband and found althe love letters. Are they admissible in evidence against thehusband? No. It violated the privacy of communication andcorrespondence. Can it be used against the wife for violating?

Yes.

Ramirez vs. IAC - Two persons were fighting. Without theknowledge of the other, she recorded the argument. Is therecording admissible? No. It was a violation of the privacy of


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communication and correspondence. Can the recording be usedagainst the person who recorded it? Yes.

Letters of prisoners - Routine inspection of jail warden and foundunder the pillow was a letter of the accused admitting that hecommitted the crime. Can it be used as evidence against theaccused? If the letter isnt labeled personal and confidential, thenit can be opened or read. Prisoners dont enjoy the same

privileges. If it was a random inspection then the prisoner canclaim that his privacy to communication was violated. But sincethis case involved a routine inspection, his claim cannot prosper.

Without an order from the court, you cannot intrude into theprivacy of communication and correspondence.

Any information obtained in violation of said privacy is consideredas inadmissible evidence.

Exceptions to the right of communication & correspondence:1. When there is a lawful order from the court - Apply for a

warrant. Comply with the requisites of acquiring a validwarrant. Subject of the search is the communication (Ex

Telephone call - conversation). You can only estimate whatcould be the subject matter of the conversation.2. When public safety or public order requires otherwise - Public

safety and public order are determined by law. The lawprovides from the basis and for the President to implementit.

Ex. Human Security Act - law that provides for thatprovides authority to the President to determine when tointerfere into the privacy of communication andcorrespondence.

A letter is opened by a private courier. Can that be done?As longas it was not the law enforcer who did it, it is admissible

evidence. The right to search and seizure only covers lawenforcers. On the other hand, it makes more sense if this isconsidered a violation of the right to privacy of communicationand correspondence. The private individual can sue the privatecourier for violation of privacy of communication andcorrespondence.

LIBERTY OF ABODE & RIGHT TO TRAVEL

Liberty of abode - Right to choose where you want to live.Includes the right to change the same as long it is within thelimits prescribed by law.

Right to travel - Right to go wherever you want to go within thecountry or outside of the country. There is no provision that ifyou go out of the country, you can return. It is not impliedlyprovided or embodied in the provision.

LIBERTY OF ABODE

Limitations: 1973 Constitution1. Lawful order2. When public safety/order, public health or national security

as may be determined by law requires it

Limitations: 1987 Constitution Lawful order of the court.There should be an order from the court before this right tochoose on where to live is availed. The court follows what the lawsays. It may also be regulated by the exercise of the police poweof the State.

Cuenca vs. Salazar - House helper who was homesick. Shewanted to go home. The employee wouldnt allow her because

she didnt complete the payment of her cash advancements. Canshe leave her employer?Yes, because of the liberty of abode.

Case - The SC sustained the liberty of abode. The women stilenjoy the rights.

How about if the mayor orders the evacuation of the residentsdue to danger from a landslide that may be caused by theeruption of the Mayon Volacano? Or those caught in cross firedue to the MILF rebels? Can they be compelled by the Mayor ormilitary commander to leave their residences? They cannot becompelled because the only limitation to the liberty of abode islawful order of the court. The circumstances do not fall under thislimitation. (Alternative answer Yes, it can be justified by the

States ability to exercise police power.)

RIGHT TO TRAVEL

Limitation - National security, public safety or publichealth, AND lawful order of the court (for those who haveposted bail.) Does not include the right to return to ones country

Another limitation is when one posts bail. Right to travel maybe limited.

The right to travel is not absolute. It is not the court that limitsthe right to travel. It is the administrative officer or agency. (ExDFA) It must be authorized by law.

If DFA denies your passport, would that be a violation to yourright to travel? No, if it curtails public safety, public health, andnational security.

Miriam Defensor case - Wasnt allowed to leave the country for ascholarship in Harvard. She made an undertaking stating thawhenever she would be needed, she would be present. If notfollowed, bail bond will be cancelled and a warrant of arrest wilbe issued. SC ruled that the matter of right to travel can belimited or regulated by an order of the court.

Manotoc vs. CA - Departure was held because there were casesfiled in court against them. SC ruled that the right to travel isntan absolute right.

*Landmark case of Salonga vs. Hermosa - Salonga was refusedto go abroad because he had a pending rebellion case. SC ruledthat the government shouldnt impress upon the people that theright to travel can be subjected to inconvenience.

The right to travel does not guaranty that you will be allowed toreturn to the country after.

Marcos case - When they left for the US, there were no


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documents that documented it. They wanted to return to thePhilippines but was refused by the Secretary of Foreign Affairs.This situation involves a political question. Even if it is a politicalprerogative of the President, it can still be looked into by the

judiciary if it curtails abuse of the power of the President. Underthe declaration of human rights, the SC stated that there is aprovision there that guarantees that a citizen can return to hiscountry of origin. Therefore, the Marcoses were allowed to

return,

GAPIL -- part of the legal system. It should be applied as if theyare existing statutes in the Philippines.

FREEDOM OF RELIGION

Non-establishment of Religion - take note of the requisitesFreedom of Religion - take note of the limitationsReligious Tests - clear and present danger rule; no religious test

Law guarantees that the State doesnt have any religion becauseof the separation or the church and State.

How should the State treat other religions? The State mustremain neutral. It should neither promote or discriminate anyother religion.

Estrada vs. Escritor - benevolent neutrality accommodation. Oneis allowed to freely exercise ones religion even if the Statedoesnt have any religion.

Exceptions to the free exercise of religion:1. Tax exemptions to properties that are actually directly and

exclusively used for religious purposes. Limited only onproperty tax.

2. Religious instruction. This does not apply to private entities.The provisions of the law only apply to public institutions.

(Exceptions

(1) there must be written consent from theparents (2) done during regular hours in school (3) doesntcause damage to the State)

3. Ownership and administration of educational institutions -administrators must be Filipinos (Exception if the school isestablished by a religious mission or board who are managedby foreigners as administrators)

4. Appropriation of public funds Public funds are only to beused for public purpose and shouldnt be used for thesupport of any religion, religious sect, or religious individualexcept if the person is assigned in the military, AFP, penalinstitution, government orphanages, or leprosarium

Celebration of holidays - it is not for the purpose of celebrating ofthe birth of Jesus Christ. It is so that people can use these daysto meet with family and relaxation time thus resulting to thepromotion of general welfare.

Requisites WON there is a violation of the establishment ofreligion:1. Purpose must be secular and legislative benefit to the

religion should only be incidental

Aglipay vs. Ruiz- Postal stamps and what was reflected wasthe Eucharistic symbol of the Catholic Church. The primary

purpose of the stamp was not to promote religion bupromote the Philippines as the venue of the said EucharisticCongress. The purpose here is secular.

2. It neither advances nor inhibits religion.3. There shouldnt be any excessive entanglement o

involvement of the State as far as the benefit of religion isconcerned.

Blue Sunday Law - unconstitutional because it tends toestablish a particular religion

Estrada vs. Escritor take note of this case

Intramural Disputes - religious disputes; resolution of the conflictcan only be made by the rules and regulations of a particulachurch; the State cannot interfere.

Case If the issue is on property rights, then the Court has

jurisdiction but if the issue hinges on the validity of theappointment of the new priest, his entitlement to the propertydepends on WON the appointment is valid, then the courts dont

have jurisdiction.

Marriages - Rule in the church is that a person cant remarry inthe same church if the church hasnt annulled your marriage. Isthis binding on the State? No, there is no establishment oreligion. Even if you were married in the church, in the eyes ofcivil law, you are married. You can remarry in the church onlyafter the court declares your previous marriage null and void orafter the court declares your marriage null and void, you canmarry in another church.

For as long they do not involve property rights or civil rights, theState must not interfere conflicts within a particular church oreligion.

TWO ASPECTS1. Freedom to believe - absolute; no limitations as long as

they remain in the State of your mind, you will not beenduring anybodys rights.

2. Freedom to exercise ones belief - not absolute; it shouldnbe contrary to law or against public morals and interest

Estrada vs. Escritor - Escritor quarrelling with the judge and led tothe slapping of each other and resulting to the dismissal of the

judge. The judge instigated another person to file a case againsEscritor on the ground of gross immoral conduct. Escritor belongsto the religion of Jehovahs witness and in their religion it is okayto get involved in a relationship asides from their marriage.

One is free to exercise his beliefs so long as he doesnt impairnational security and public interest.

Halal case - for as long as it will not cause danger to thecommunity, the Muslims can declare whatever food as Halal(take note of this case)

Gerona case - Salute flag case. There is no religious significancewith regards to the flag. It symbolizes love of country. Thestudents were expelled. 10 years after, the decision was


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reversed. The Jehovas witnesses were very persistent in notsaluting the Filipino flag. The SC this time sustained the freedomof religion. For as long as there is no imminent danger and clearand present danger to national security and public interest, ifallowed to exercise his freedom of religion then by all means theperson is allowed to enjoy his freedom of religion.

Baranggan case - limitation on the freedom of religion. Every

Thursday, people go to St. Judes church for a novena. A group ofpeople were not allowed to enter the church. They were allwearing yellow and carrying placards. They invoked freedom ofreligion. SC ruled that there was a presence or imminent dangerif they were allowed to enter the premises of the Church.

Tolentino vs. Sec. of Finance - imposition of finances on religiousarticles that had been sold. Religious sect alleged that byimposing taxes on the articles will limit the freedom of religion.SC ruled that imposing taxes there is no violation of freedom ofreligion. They are not prohibited to sell the religious articles. Theimposition of taxes is to defray the cost of registration.

TEST Clear and present danger to national security, public

health, public morale, public order, public interest.

Religion should not be a qualification in order for one to exercisehis civil or political right.

Pamel case - Fr. Gonzaga ran for mayor and won. However hewas disqualified because of a certain provision in the

Administrative Code. Fr. Gonzaga invoked that religion should notbe a qualification in order for one to exercise his civil or politicalright. SC ruled in Fr. Gonzagas favor.

If USC required its enrollees to be Catholics, is this a violation ofthe freedom to religion?No, because USC is a private entity.

FREEDOM OF EXPRESSION

For as long as it is not libelous and seditious, you are protectedby law.

Freedom of religion is actually part of freedom expression.

Freedom of speech - not limited to oral utterances. It alsoincludes any act conveying a message to the public.

Can you picket an establishment to express your sentimentswithout establishing your relationship with the establishment?

Yes. Picketing is part of your freedom of speech.

Picketing belongs to the right of freedom of speech. The no needof the establishment of the employer-employee relationship refersto ones freedom of speech.

Ordinary speech - you can say whatever you want to say and theonly limitation is that it shouldnt be obscene, libelous, orseditious

Commercial speech - refers to advertisements; (1) shouldnt befalse or misleading (2) shouldnt propose illegal transactions (3)government should have substantial interest

Central Hudson Gas vs. Public Service Commission -commercial speech can be regulated if government hassubstantial interest to protect (protection of minors); theycan only enjoy the protection if they are not false omisleading and dont propose an illegal transaction

Libel - what constitutes libel cannot be protected by law

Although good faith is a defense. (1) placing a person inembarrassment or public contempt

Seditious speeches - if a person would instigate people to riseand go against the government

Obscenity - obscene speeches are not protected by law;

Censorship -1. Control based regulation - extent of the restraint is2. Regulation ???

Freedom of Press - any mass medium of communication/alforms of publication or mass media is covered by the freedom o

press. Includes printed publications, movies and films, etc. Iincludes the right to information on matters of public concern andthe freedom of circulation.

The press has the right to access of information. It is a politicaright. It is only enjoyed by Filipino citizens/media.

On top of the corollary rights there is also the freedom ofcirculation and right to information on matters of public concern.

Includes the freedom to publish ones materials.

Media criticizing the government/government officials - whatwould be the extent of the exercise of the freedom of press? The

guaranty is that they are free to say whatever they want to sayand express it the way they like however, libelous, seditious, andobscene press is not protected by law. Criticisms are all right aslong as they are accurate, specific, must not be personal. Itshould refer to official acts and not personal acts.

As long as the report is fair, true, and honest, libel may bedefeated.

Borjal vs. CA - take note of this case

This doesnt apply to the administration of justice. Includesproceedings, decisions, and the SC.

Proceedings Estrada vs. Sandiganbayan - SC said in so far asproceedings are concerned, in order not to subject the court andaccused undue or prejudicial publicity, there is a limitation to itThe justices of the Sandiganbayan are human as any otheperson. They get affected by the taking of pictures much morethe broadcasting of the proceedings or taking a video of theiactions inside the Court. They will, like other people, no longeract natural and be conscious. It violates of due process of law.

What would be the extent of media in the exercise of freedom ofpress in covering proceedings? They can take videos and pictures


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limited to the Court, judicial personnel, and the lawyers. If theparties will agree, they can take photos or videos of them as well.This all should be done before the proceedings will begin. If theyviolate this, they can be cited for contempt.

Reporting what would be the extent of the reporting? It is only

limited to the factual accounts of the proceedings. They cantmake personal comments regarding the proceedings.

After the proceedings have been terminated and judgment hasbeen rendered, can the media comment?Media can only make afactual account of the proceedings or else it will constitutecontemptuous act. If the case is already terminate, they can nowmake comments as long as it will not embarrass or insult thedignity of the Court especially if it is the SC.

One can criticize a government official for as long as a fair andhonest comment. This has a different view when it involves thecourts.

Freedom of Assembly - freedom to meet with friends andcountrymen to discuss public concerns. It may done privately or

publicly.

Freedom of high restraint and censorship - you cannot hold rallieswithout a permit

Bayan vs. Ermita - they wanted to use the public streets and theywerent given a permit and they complained and alleged that it istantamount to censorship. The Batas Pamabansa 880 invokes therequirement of a permit.

Common denominator on all types of freedom expression Thefreedom from high restraint and censorship, freedom fromsubsequent liability.

COROLLARY RIGHTS TO FREEDOM OF EXPRESSION

1. Freedom of high restraint and censorship - You can sayanything you want to say as long as it is not obscene orlibelous.

Can the MTRCB censor or cut any portion of the film if they thinkits too violent or obscene? No. They can only classify the film.They dont have the power to delete any scenes from a film.

Can MTRCB stop the showing of a film?Yes but they will need togo to court.

MTRCB can suspend the program but not he performers.

Because of the guaranty of freedom of high restraining andcensorship, MTRCB is only limited to classifying films and movies.However, they dont have any control on the actors or performs.They can only regulate the program or film.

If government asks for a copy of your speech before you speak tothe public?This is a violation of the freedom of high restraint andcensorship.

MTRCB vs. ABSCBN - The MTRCB was created through PD1986.

They have the power to screen all TV programs. Whether it isreligious public affairs or news documentary, they are under the

jurisdiction of MTRCB and they are subject to review.

Soriano vs. La Guardia - MTRCB may not suspend TVpersonalities for such is beyond their jurisdiction. They are onlylimited to reviewing TV programs. They dont have jurisdictionover the artists or the performs in the said TV programs.

2. Freedom from subsequent liability

Chavez vs. DOJ Secretary - Garci tapes aired on TV several timesThe DOJ Secretary, an ally of the President, threatened the TVstation that their license would be revoked. SC ruled that thisthreat is a violation of freedom of speech. The tapes pertain tothe content of the speech itself and that there was no clear andpresent danger, therefore they should be allowed to practice theifreedom of expression.

**SWS vs. COMELEC - Results of election surveys should bepublished 15 days before the date of the election. COMELECalleged that it is an infringement of the freedom of expression

particularly the freedom of press. SC ruled that Sec. 5 of RA 9006is invalid. It will infringe ones freedom of expression. Thisincludes surveys, exit polls - they may be published even 1 daybefore the election date. (OBrien test was applied)

OBrien test - there are certain requisites that must be compliedwith for the State to regulate the freedom of expression.

Absolute privilege communication - cant be held criminally liableHowever it is delivered, there is no liability except foradministrative liability or disciplinary action by the House(Parliamentary immunity even extends to their staff in the

performance of legislative function)

Qualified privilege communication - Borjal vs. CA

It must befair and true comments, must be based on a true comment. Itmust be for some moral or legal obligation. As long as there is nomalice and is made in good faith, there is no liability.

Constitutional speeches and expressions - Media reportecriticized the Roxas administration. He was charged with sedition.

Martial Law - apply the dangerous tendency rule

Obscenity - Miller vs. California presence of determination

WON it is a work of art or if is obscene is the contemporaneouscommunity standard Only the court can determine WON thematerial is obscene. The police cannot just seize a particular itemthat they think is obscene. They must secure a search warrant.

FREEDOM OF ASSEMBLY

Freedom to meet any of your friends or countrymen to discussmatters of public concern. You may meet publicly or privately.

Do you need a permit to hold a rally? No. You dont need apermit. There shouldntbe any advanced regulations before thisright is exercised. For as long as the rally is not tumultuous, it isexpected that it is a peaceful assembly.


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BP 880 - requires a permit if you are to use a public place.According to the SC (Bayan vs. Ermita) this particular law merelyrequires a permit for the Court to regulate the manner, place,and timeof the use of a public place.

WON you have a permit or not, you have the right to rally or holda public meeting.

David et. al vs. Executive Secretary - They walked to EDSA tohold a rally. In the course of going there, they were asked for apermit. They were arrested. Is there a violation of their freedomof assembly?Yes. They werent using the public streets. Theywere merely passing by.

Reyes vs. Bagatsing - Merely regulates the time, manner, andplace of the use of the public place.

BP 880 Exceptions: (No permit is needed even if the rally is heldin a public place)1. Holding a rally in a freedom park. It has to be declared a

freedom park by the State.2.

Holding a rally in a State University of school campus.However, you will need to ask the permission of the schooladministration.

3. Holding a rally or meeting in ones own private place.

When a permit is required the basis of the LGU in determining if itshould be granted or not:1. Purpose Test - What is the purpose of the rally or meeting?2. Auspices Test - They have to determine who are the

organizers of the assembly or meeting. They will also followthe test on clear and present danger.

Regulation of the government to require a permit: When theyregulate your freedom of assembly, they do it in installment

basis. Applying the CPR principle (Calibrated, pre-emptive,regulation)

Bayan vs. Ermita - The CPR has no place in this country. As muchas possible, since the prevailing principle in so far as theenjoyment of freedom of assembly is maximum tolerance, as longas there is no clear and present danger, the State should practicemaximum tolerance.

Freedom of subsequent liability - Organizers of the rally cannotbe liable for any death that will happen. Holding them liable istantamount to the violation of the freedom of assembly. Onlythose who are directly responsible of the injury should be liable.

Case - Teachers attending a rally in the MP. The MP ordered theteachers to go back to school because students were missingtheir class. The teachers didnt listen. Teachers were dismissedfrom service. Teachers alleged there was violation of the freedomof assembly. SC ruled that there was no violation to their freedomof assembly. They were dismissed due to insubordination by notfollowing the order of a superior.

With regards to students rights Just because you enrolled in aschool, doesnt mean you stop exercising your freedom ofexpression. Although you must balance it with the power of the

school to enforce discipline among its students.

RE-DRESS OF GRIEVANCES

You shouldnt be afraid to complain about the government.

RIGHT TO INFORMATION ON MATTERS OF PUBLICCONCERN & ACCESS TO OFFICIAL DOCUMENTS

Sovereignty resides in the people thus government authorityemanates from them. The only way they would know what ishappening in the government is to give them access to officiarecords and documents pertaining to government activities. Thisis a political right therefore, aliens dont enjoy this right.

The discretion as to WON the information is a matter of publicconcern or WON how it should be accessed by the public is adiscretion of the government.

Once it is considered by the government as a public concern,then the matter becomes ministerial Government has no

choice but to allow the people to access information regarding

the matter.

EXCEPTIONS:1. Information pertaining to national security.2. Intelligence reports - Investigative reports of law enforcers

They are not to be disclosed to the public. Prematuredisclosure to the public can result to ones criminal liability.

3. Trade secrets - Cannot be disclosed to the public especiallythose registered by the government.

4. Banking transactions - Under the secrecy law on bankaccounts, they cannot be disclosed unless there is a caseinvolving the bank account.

5. Diplomatic correspondence and negotiations - AKBAYAN vsAquino Agreement between Japan and the Philippines that

Japan may dump their waste in our country. This was stilunder negotiation. AKBAYAN demanded that the negotiationshould be disclosed to the public. The DTI secretary refusedto disclose the negotiations. The justification was because itwas still in the stage of negotiation, therefore it was stilconfidential.

6. Contracts - Chavez vs. Public Estate Authority there was a

question of certain lots. These lots were negotiated for saleThe people wanted to know about the negotiations becausethese were government properties. The government refusedto disclose the negotiations. SC ruled that even if it is still inthe negotiation stage, as long as there are definite provisionsin the contract, they may be disclosed to the public.

7. Executive privilege of the President - Neri vs. Senate Nerwas asked to disclose the conversation he had with thePresident. Neri refused to divulge to the Senate regardingthe conversation. Because of his refusal a warrant of arreswas issued against him. Neri asked for an injunction for theSC questioning the constitutionality of the issuance of thewarrant of arrest. SC sustained Neri.

8. Closed door Cabinet meetings - any information cannot beleaked out. The media can be excluded from the meeting.

9. Executive sessions of Congress - media are excluded fromthe session of Congress.

10. Deliberations of the SC - Before any case is assigned to a


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justice to write the decision, they will vote on it during adeliberation. It will be then assigned to a junior justice towrite the decision. Limkaichong case - there was anaccusation made by Congressman Paras that there wasalready a decision rendered however it was promulgated infavor of Limkaichong.

11. Cases involving adoption - as not to prejudice the interest ofthe minor child subject to adoption

12. Information regarding minors

Legaspi Case - SC sustained the right of Atty. Legaspi to the rightof information of matters of public concern. Qualifications ofgovernment officials is a matter of public concern.

Valmonte vs. Belmonte - has reference to the people borrowingmoney from the GSIS. The loans were borrowed from the IMFthrough the government and the money went to theseCongressmen. Valmonte wanted to know who theseCongressmen were. Belmonte refused on the ground that theinformation is confidential. SC sustained Valmonte because theloans were partly paid by the public.

Bara vs. COMELEC - questioning the non disclosure of thenominees of the party lists. They were afraid because they wereall relatives of the President. COMELEC Chair refused to disclosethe nominees. The SC said that it is very clear that the prohibitionis with respect to the names of the nominees in the list that willbe posted at the polling place on the day of the election. There isno prohibition of the disclosure of the list of the nominees in anyother manner. Before election, they may be disclosed in thenewspaper. SC said that there was a violation of a right toinformation since the COMELEC Chair refused to disclose the listof nominees.

RIGHT TO FORM UNIONS AND ASSOCIATIONS

Article 3. Section 8.

Emphasis is made on the public sector. They can form, organize,join a union. The only difference between a union in a publicsector and a union private sector is the right to strike.

The right of association includes also the right not to becompelled to be a member of a union or association. You cannotbe compelled by law to join an association if you dont want to.

IBP - Once you become a lawyer, you automatically become amember of the IBP. It is mandatory to pay the dues. (Edilloncase)

Justification - police power in order that the administration ofjustice is protected.

There are certain instances by way of an exception that you maynot be allowed to join an association:1. Supervisors are not allowed to form unions.2. Unions that do acts contrary to law.3. Security guards - for obvious reasons. They are armed and if

they form a union, it would be easy to threat the employersto get what they want.

4. Political parties in participating in baranggay elections. - The

purpose of the law is to have a grass root participation. Thegrass roots would be actively participating in the elections inthe baranggay.

5. Closed shop agreement

**Iglesia ni Christo/Elizalde Case - There was a close shopagreement in order to be a member of the union. The close shopagreement is an exception. For an employee to enjoy the

privilege of the union, the employee must be a member of theunion. The only exception to this is the invocation of the freedomof religion.

Government employees can form unions but they dont have theright to join in any concerted activities. They have the right tostrike but if theres a law that is against it, they are not allowed to

join/organize a strike.

**Pepsi Cola Union vs. Laguesma - Art. 125 of the Labor Code

INVOLUNTARY SERVITUDE


No one can be forced to render service in favor of another.

General Exception: When there is a lawful order of the court. When part of the sentence or judgment is to render forced labor.

Even if there is a contract, you cannot be forced to render serviceif you no longer want to work for the company.

Other Exceptions:1. Can you be compelled by your parents to do household

chores? Yes, if you are still under parental authority and stila minor. (Patria potestas)

2. Military service for the State - this is an obligation because if

this becomes voluntary, nobody will voluntary to fight for theState3. When working in a vessel for a contract or enlisted in the

Navy - for as long as you are in the vessel, you arecompelled to finish our contract. (port of origin - destination- port of origin)

4. Posse comitatus - where one can be compelled to rendeservice to the community (ex. safeguarding the communityroving patrol services)

5. When the Department of Labor will order the return of thestriking employees back to work. If they refuse, they can bedismissed from employment.

NON IMPRISONMENT FOR NON PAYMENT OF DEBTS


For as long as the obligation arises from a contract (contractuaobligation) there is no imprisonment for non payment of debtsThis becomes a civil obligation payable when able.

The debt referred to here is arising from contracts. If it a resultsfrom a commission of a crime, the person can be put to jail.

Trust receipts - violation of the trust receipt agreement results


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from a commission of a crime

BP 22 (Bouncing Checks Law) - If it was an evidence of debts orproof of the existence of the debts, no criminal liability. If it was amode of payment and presumed to be funded, there is criminalliability.

Qualified Theft -Youre a cashier and you borrowed money from

the cash register directly. You failed to pay therefore you areindebted to the amount you took. Can you be imprisoned?Yes,because you committed the crime of qualified theft and notbecause you failed to pay a debt.

Vergara vs. Gregorio - Debt refers to a civil debt, one not arisingfrom a criminal offense. You cannot be imprisoned for nonpayment of rentals. You can only be ejected.

Failure to pay hotel fees - Can you be imprisoned for failure topay?Yes. You can be charged for estafa and be put to jail.

Failure to give support - you can be imprisoned.

If judgment was rendered for you to pay support and you failedto pay support - you cannot be imprisoned because it arises froma civil obligation.

Non payment of poll tax/residence tax/community tax - Can yoube put to jail?You cannot be imprisoned.

Failure to pay income tax - You can be put to jail.

WRIT OF HABEAS CORPUS

Protection of your civil liberty particularly your physical liberty.

Can only be suspended in the ff cases:1.

When there is actual rebellion or invasion2. When public safety requires it

There must to be an actual rebellion or invasion for the writ ofhabeas corpus to be suspended.

Declaring Martial Law (based on old notes)When may the President declare Martial Law?i. When there is rebellion or invasionii. If public safety requires the declaration

How to declare ML?i. Within 48 hours from the proclamation, the president shall

submit a report in person or writing to Congress

ii. When the president proclaims martial law or suspends theprivilege of the writ, it shall be effective for 60 days unlesssooner revoked by Congress

iii. Upon such proclamation, Congress shall convene at onceiv. The Congress shall then votejointly, by an absolute majority.

It has two options: To revoke such proclamation or suspension To extend it beyond the 60 day period of its validity

What can Congress do? Congress can either revoke or extendsuch declaration or suspension. (such revocation cannot be set

aside by the President)

What may the SC do? If the Congress does not revoke suchproclamation or suspension, the SC can nullifyit for the reason oinsufficiency of factual basis for the declaration of martial law osuspension of the writ. The SC must have to decide on the casewithin 30 days from its filing. Such case may be filed by anordinary citizen.

Effects of Declaration of Martial Law: The Constitution is silent on what will happen but provides

what should not happen when there is Martial Law. Thefollowing cannot be done when there is Martial Law:

i. Suspend the operation of the Constitution.ii. Supplant the functioning of the civil courts and the

legislative assemblies.iii. Confer jurisdiction upon the military courts and agencies

over civilians, where civil courts are unable to function.iv. Automatically suspend the privilege of habeas corpus.

What could obviously happen is that the President, with themilitary, will take over some government agencies that cannofunction because of the threat/cause/rebellion or invasion.

Writ - order of the courtHabeas - to produceCorpus - body

It applies to anyone who is deprived of his physical liberty.

Ex. Those who have been hospitalized but however refused to bereleased from the hospital because they havent paid theihospital bills. The remedy of the patient is to apply for a writ ofhabeas corpus. The payment of undue bills becomes a civiliability of the patient.

Can you apply writ for habeas corpus for custody of children?Yes. Generally under the law, if the child is under 7 years oldcustody goes to the mother.

Writ of amparo - broader compared to WHC. In WHC, scope isonly deprivation of physical liberty. WAs scope is liberty ingeneral - threat to right to life, security, and liberty; or threat ofviolation to your right. There should detention or deprivation ofphysical liberty before you can file for a WA.

The mere threat of the violation to ones right to life, liberty orsecurity can be a basis for a person to apply for a WA.

In WHC, the moment the military denies that they dont have thesubject or person, the court cannot go beyond that. They wildismiss the case. In WA, the mere denial of the military is notenough. The burden of proving that they dont have the body ofthe detainee is in the military.

Can WHC and WA go simultaneously?Yes.

On a matter of suspension In the constitution what can besuspended is the privilege of the WHC not the WA. Not the writitself but only the privilege of the WHC.

What is this privilege? privilege of the court to inquire thelegality of the detention


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Accused was arrested without a warrant charged with rape on theoccasion where there was a suspension of the WHC. Accusednow questions the validity of his arrest. He applies for WHC. Canthe court issue the writ? Yes. Can the court through the WHCinquire to the legality of the detention?Yes. Rape has nothing todo with rebellion neither has it anything to do with invasion. Thesuspension of privilege relates only to offenses with regards to

rebellion or invasion.

1987 Constitution - You cannot be detained for more than 3 dayswithout being charged in court. Otherwise, you should bereleased.

The suspension of the privilege of WHC is only good for 60 days.The actual detention though should not be more than 3 days.

(Following sections are based from Graces notes since I wasabsent when Judge discussed these parts.)

When can that privilege be suspended? When there is actualrebellion and invasion, when public safety requires it.

Example: Rape on the occasion of suspension of writ ofhabeas corpus. Caught in the act, arrested and detained.He now questions and applies for writ of habeas corpus. Thecourt can issue the writ because it is not suspended. Thecourt can inquire because rape has nothing to do withrebellion or invasion.

The suspension of the privilege relates only to offensesrelating to either rebellion or invasion.

Example: charged with rebellion. Can apply for writ, courtcan issue but will desist in hearing the case because it has no

jurisdiction. The suspension has only the effect of extending the period of

detention from 36 to 72 hours, otherwise arbitrary detention.

Suspension is good only for 60 days but in reality you cannotbe detained because you must be charged within 3 days.Rebellion now is bailable so you can always apply for bailwhile case is still pending. Failure to charge otherwise,arbitrary detention

Persons who were detained without warrant of offensesrelating to invasion or rebellion

Suspension does not mean that you cannot post bail - if youdo not avail of the writ of habeas corpus. Whether or notthe case has already been filed in court. Ask the court to forthe price of bail. Bail is not suspended by martial law

During the 1973 constitution, the moment martial law isdeclared, automatically there is suspension.

In 1987- there has to be declaration of the suspension of thewrit of habeas corpus.

It is also possible that only parts of the country will bedeclared under martial law or the suspension of the privilegeof the writ of habeas corpus

If no case has been filed within 3 days, the court can issuewrit of habeas corpus. What if warrant of arrest is issued?The writ becomes moot and academic.

Extending period of custodial investigation Release if they cannot establish the offense charged

What are the safeguards?

(1) You still avail of civil liberties because they are notsuspended, the civilian courts are still open such asapplication of writ of habeas corpus or right to bail- notbarred from questioning the validity of arrest. It is goodonly for 60 days, if not revoked earlier or no extensionIt is automatically lifted by operation of law. Thepresident is mandated to report to congress immediatelywithin 48 hours after declaration. Congress will decide

whether to revoke or let it be. How many votesneeded? Majority votes, joint session(2) If not revoked, you can always challenge the

constitutionality to the Supreme Court. even ordinarycitizen can have legal standing

(3) The SC is to review the decisions of lower court whethethere is grave abuse of discretion or error of law. Thisis an exception that the court may inquire into thefactual basis, both questions of facts and laws through

judicial review. If no factual basis, the declaration maybe declared unconstitutional or invalid

Under what circumstances can it be lifted?(1) By operation of law automatically lifted

(2) When the president lifts before the lapse of 60 days(3) When congress revokes(4) When the suspension of the writ is declared a nullity by

the Supreme Court

Can you have simultaneous remedies without waiting for thedecision of Congress, go immediately to SC?Yes, the SC musmake categorical interest whether the facts would justifysuspension.

Documents

consti 2 mini review