POLITICAL LAW MIDTERMS REVIEWER 2016 1

GENERAL PRINCIPLES THE 1987 CONSTITUTION

A. Political Law – branch of public law which deals with the CONSTITUTION - The body of rules and maxims in accordance with
organization and operations of the governmental organs of the State which the powers of sovereignty are habitually exercised. [Cooley]
and defines the relations of the State with the inhabitants of its
territory. That written instrument enacted by the direct action of the people,
by which the fundamental powers of the government are established,
B. Scope/Division limited and defined; and by which those powers are distributed
among several departments for their safe and useful exercise for the
1. Constitutional Law – study of the maintenance of the proper benefit of the body politic. [Malcolm]
balance between authority as represented by the 3 inherent
powers of the State and liberty as guaranteed by the Bill of Rights PURPOSES

2. Administrative Law – Fixes the organization of the government; a. Prescribe permanent framework of a system of government;
Determines the competence of the administrative authorities who b. Assign to several departments their respective powers and
execute the law; and Indicates to the individuals remedies for the duties
violation of his right. c. Establish certain first principles on which the government is
founded
3. Law Municipal Corporations
Classification
4. Law of Public Officers
Written – precepts are embodied in one document/ set of documents
5. Election Law
Unwritten – rules which have not been integrated into a single, concrete
6. Human Rights Law form but are scattered in various sources (statutes, judicial
7. Public International Law decisions, commentaries, customs and traditions, common law
principles).
C. Basis of the Study
Enacted (Conventional) – formally struck off at a definite time and place
1. Biak-na-Bato Constitution following a conscious or deliberate effort taken by a constituent body
2. Malolos Constitution or ruler.
3. Japanese Occupation (1943)
4. 1935 and 1973 Constitution Evolved (Cumulative) – result of political evolution, changing by
5. Freedom Constitution accretion rather than by any systematic method.
6. 1986 Constitution Rigid – amended only by formal and usually difficult process
7. Other organic laws made to apply in the Philippines
a) Treaty of Paris Flexible – changed by ordinary legislation
b) US President McKinley’s Instruction
c) Spooner Amendment to the Army Appropriation Bill of 1901. Qualities of a good written Constitution
d) The Philippine Bill of 1902 Broad – comprehensive enough to provide for every contingency
e) The Jones Law
f) The Tydings-McDuffie Act Brief – confine to basic principles to be implemented
8. Statutes, EOs and decrees, judicial decisions
9. International Instrument Definite – to prevent ambiguity
a. US Constitution
b. UN Charter
c. International Peace Treaties
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Essential parts of a good written Constitution STEPS IN THE AMENDATORY PROCESS

Constitution of Liberty – sets forth the civil and political rights of the A. Proposal
citizens and imposing limitations on the powers of the government 1. Congress, ¾ of ALL its members… understood as ¾ of Senate
Constitution of Government – outlines the organization of the and ¾ of HRs
government; enumerates its powers; and lay down rules relative to 2. Constitutional Convention, called into existence by 2/3 a vote of
its administration all the members of Congress with the question of whether or not
Constitution of Sovereignty – points out the mode or procedure in to call a convention to be resolved by the people in a plebiscite
accordance with formal changes in the fundamental law may be
brought about 3. People through Power of Initiative, petition of at least 12% of
the total number of registered voters, of which every legislative
Interpretation/Construction of the Constitution district must be represented by at least 3% of the registered
Verba legis: given their ordinary meaning except where technical voters therein power of the people to propose amendments
terms are employed framers, bearing in mind the objects sought to to the Constitution or to propose and enact legislation through
be accomplished and evils sought to be prevented; doubtful an election called for that purpose
provision shall be examined in light of the history of the times and
the conditions and circumstances under which the Constitution was Limitation: No amendment w/in 5 years following the ratification of
framed this Constitution nor more than once every five years thereafter.
Ut magis valeat quam pereat Constitution to be interpreted as a 3 systems of initiative:
whole (1) Initiative on the Constitution
- Safer to construe the Constitution from what “appears upon its face.” If, (2) Initiative on Statutes
however, the plain meaning of the word is not found to be clear, resort to (3) Initiative on Local Legislation
other aids is available.
- Choice of method of proposal is within the full discretion of the legislature
- In case of doubt, consider provisions as self-executing; mandatory rather than
directory; and prospective rather than retroactive. 3 Theories on the position of a Constitutional Convention vis-
- Self-executing provisions: one that lays down principle is usually not self- à-vis the regular departments of government
executing. That which is complete in itself and becomes operative without the (1) Theory of Conventional Sovereignty
aid of supplementary or enabling legislation, or that which supplies a (2) Convention is inferior to other departments
sufficient rule by means of which the right it grants may be enjoyed or (3) Independent of and co-equal to the other departments
protected, is self-executing.
- Self-executing if the nature and extent of the right conferred and liability B. Ratification - Ratified by a majority of the votes cast in a plebiscite
imposed are fixed by the Constitution itself. held not earlier than 60 nor later than 90 days after the approval of
- Section 26, Article II of the Constitution does NOT contain judicially enforceable
the proposal by Congress or the Constitutional Convention, or after
constitutional rights. the certification by the COMELEC of the sufficiency of the initiative.

Amendment Revision - Doctrine or proper submission: Constitution prescribes the time

Adds, reduces, deletes, without Change that alters a basic principle frame within which the plebiscite is to be held, there can no longer
altering the basic principle of the Constitution like altering be any question on whether the time given to the people to
involved. the principle of separation of
determine the merits and demerits of the proposed amendment is
Isolated or piecemeal change in powers or system of checks and
the Constitution balances. adequate.
revamp or rewriting of the entire - Plebiscite may be held on the same day as a regular election.
instrument
- Entire Constitution must be submitted for ratification at one plebiscite
Legislative Power – merely provides details for implementation only.
- The people have to be given a “proper frame of reference” in arriving
at their decision.
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1. Is there a law which would provide for the mechanism for the people 3. What are the requisites before an amendment to the Constitution by
to propose amendments to the Constitution by people’s initiative? “people’s initiative” is sufficient in form and in substance?

While Congress had enacted RA 6735 purportedly to provide In the case of RAUL L. LAMBINO and ERICO B. AUMENTADO ,
the mechanisms for the people’s exercise the power to amend together with 6,327,952 registered voters vs. COMELEC, G.R. No.
the Constitution by people’s initiative, the Supreme Court in 174153, October 25, 2006, the following requisites must be present:
MIRIAM DEFENSOR-SANTIAGO, et al. Vs. COMELEC, G.R. No.
127325, March 19, 1997 & June 10, 1997, the Supreme Court held 1) The people must author and must sign the entire proposal. No
that RA 6735 is incomplete, inadequate or wanting in agent or representative can sign for and on their behalf;
essential terms and conditions insofar as initiative on 2) As an initiative upon a petition, THE PROPOSAL MUST BE
amendments to the Constitution is concerned. Its lacunae on EMBODIED IN A PETITION.
this substantive matter are fatal and cannot be cured by These essential elements are present only if the full text of the
“empowering” the COMELEC to promulgate such rules and proposed amendments is first shown to the people who will
regulations as may be necessary to carry the purposes of this express their assent by signing such complete proposal in a petition.
act. Thus, an amendment is “DIRECTLY PROPOSED BY THE PEOPLE
In Lambino vs. Comelec, however, the SC on Nov. 21, 2006, in the THROUGH INITIATIVE UPON A PETIITON “ ONLY IF THE PEOPLE
Minute Resolution of the petitioner’s Motion for Reconsideration held SIGN ON A PETITION THAT OCNTAINS THE FULL TEXT OF THE
that RA No. 6735 is adequate and complete for the purpose of PROPOSED AMENDMENTS.
proposing amendments to the Constitution through people’s 4. May Congress propose amendments to the Constitution while at the
initiative by a vote of 10 members as per Certification of the same time calling for a Constitutional Convention to amend the
En Banc’s Clerk of Court. Constitution?

2. May the question “Do you approve the amendment of Articles VI and Yes, there is no prohibition for Congress to propose amendments to
VII of the 1987 Philippine Constitution changing the form of the Constitution and at the same time call for the convening of a
government from Presidential-Bicameral to Parliamentary- Constitutional Convention to amend the Constitution. The word “or” in
Unicameral” be allowed to be submitted to the people for their
the provision “…Congress, upon a vote of ¾ of all its members; OR [2]
ratification or rejection as a means of amending the Constitution by
people’s initiative if the requisite number of signatories (12%
A constitutional Convention” under Section 1, Art. XVII also means
nationwide and at least 3% for every legislative district) are met? “AND”. (GONZALES VS. COMELEC, 21 SCRA 774)

No for two (2) reasons. 5. What is the “Doctrine of Proper Submission” in connection with
proposed amendments to the Constitution?
1) The said “proposal” did not indicate which provisions of Articles
“Doctrine of Proper Submission” means all the proposed
VI and VII are actually being amended which is a must under
amendments to the Constitution shall be presented to the people for
Section 2, Art. XVII. Otherwise, who shall make the
the ratification or rejection at the same time, not piecemeal.
amendments if the people in a plebiscite approve the same;
(TOLENTINO VS. COMELEC, 41 SCRA 702)
2) Changing the form of government from presidential to Judicial Review of Amendments – issue is whether or not the
parliamentary is an act of REVISING the Constitution which is constitutional provisions had been followed.
not allowed under Art. XVII, Section 2. People’s initiative may
only be allowed to propose amendments to the Constitution, not THE POWER OF JUDICIAL REVIEW
revision.
Judicial Review – power of the courts to test the validity of executive
and legislative acts in light of their conformity with the Constitution.

- Power is inherent in the Constitution.

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- Section 1, Article VII of the Constitution: Judicial power includes the - The Government is a proper party to question the validity of its own
duty of the courts of justice to settle actual controversies involving laws, because more than any one, it should be concerned with the
rights which are legally demandable and enforceable, and to constitutionality of its acts
determine whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch GR: a party can question the validity of a statute only if, as applied
or instrumentality of Government. to him, it is unconstitutional.

Who may exercise XPN: Facial Challenge, when it operates in the area of freedom of
expression.
- Power of the SC to decide constitutional questions.
Overbreadth Doctrine: permits a party to challenge the validity of
- Constitutional appellate jurisdiction of the SC and implicitly recognizes a statute even though, as applied to him, it is not unconstitutional,
the authority of lower courts to decide questions involving the but it might be if applied to other not before the Court whose
constitutionality of laws, treaties, agreements, etc. activities are constitutionally protected.

- Notice to SolGen is mandatory to enable him to decide whether or not Invalidation of the statute “on its face”, rather than “as applied” is
his intervention in the action is necessary. permitted in the interest of preventing a “chilling effect” on freedom
of expression.
Functions of Judicial Review
(1) Checking Facial challenge is the most difficult challenge because the
(2) Legitimizing challenge must establish that no set of circumstances exists under
(3) Symbolic which the act would be valid.

Requisites of Judicial Review - The constitutional question must be raised at the earliest possible
(1) Actual case or controversy opportunity
(2) Constitutional question must be raised by the proper party
- The decision on the constitutional question must be determinative of
- A party’s standing in court is a procedural technicality which may be the case itself.
set aside by the Court in view of the importance of the issues
involved; paramount public interest/transcendental importance - Bars judicial inquiry into a constitutional question unless the resolution
- “Present substantial interest” – such interest of a party in the is indispensable to the determination of the case.
subject matter of the action as will entitle him under substantive law,
- Every law has in its favor the presumption of constitutionality, and to
to recover of the evidence is sufficient, or that he has a legal title to
justify its nullification, there must be a clear and unequivocal breach
defend and the defendant will be protected in payment to or
of the Constitution.
recovery from him.
- A taxpayer, or group of taxpayers, is a proper party to question the THE PHILIPPINES AS A STATE
validity of a law appropriating public funds.
State: a community of persons, more or less numerous, permanently
Requisites for Taxpayer’s Suit: occupying a definite portion of territory, independent of external
control and possessing a government to which a great body of
(1) Public funds are disbursed by a political subdivision or
inhabitants render habitual obedience.
instrumentality
State is a legal or juristic concept; Nation is an ethnic or racial
(2) A law is violated or irregularity is committed
concept.
(3) Petitioner is directly affected by the ultra vires act
Government is an instrumentality of the State through which the will
of the State is implemented and realized.
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ELEMENTS OF A STATE: 2) Established by the inhabitants of a territory who rise in

insurrection against the parent state; and
(1) People – sufficient in number and acting together for common
purpose 3) Established by invading forces of an enemy who occupy a territory
in the course of war (de facto government of paramount force).
(2) Territory – a fixed territory
a) Treaty of Paris (2) Presidential – separation of executive and legislative powers
b) Treaty of Washington
c) Treaty of Great Britain Parliamentary – fusion of both executive and legislative in
Parliament; actual exercise of executive powers is vested in a
Components: Prime Minister who is chosen by, and accountable to the
1) Fluvial Parliament
2) Aerial
3) Maritime (3) Unitary -
4) Terrestrial
Federal -
(3) Government – an organized government to which the great body
of inhabitants render habitual obedience Sovereignty - supreme and uncontrollable power inherent in a State by
which that State is governed
(4) Sovereignty – independence of foreign control
Kinds:
Archipelago Doctrine: the waters around, between and connecting
the islands of the archipelago, regardless of their breadth and 1) Legal – power to issue final commands
dimensions, form part of the internal waters of the Philippines. Political – sum total of all the influences which lie behind the law
Functions of the Government: 2) Internal – supreme power over everything within the territory
(1) Constituent – mandatory for the Government to perform because External/Independence – freedom from external control
they constitute the very bonds of society
Characteristics:
(2) Ministrant – intended to promote the welfare, progress and 1) Permanence
prosperity of the people and which are merely optional for
2) Exclusiveness
Government to perform 3) Comprehensiveness
Doctrine of Parens Patriae: parents of the people; the Government 4) Absoluteness
may act as guardian of the rights of the people who may be 5) Indivisibility
disadvantaged or suffering from some disability or misfortune. 6) Inalienability
7) Imprescriptibility
Classification of Government
Effects of Change in Sovereignty  Political laws are abrogated;
(1) De jure municipal laws remain in force

De facto – Kinds Effects of Belligerent Occupation  No change in sovereignty.

1) Takes possession or control of, or usurps, by force or by the voice  Political laws, except the law on treason, are suspended;
of the majority, the rightful legal government and maintains itself  Municipal laws remain in force unless repealed by belligerent
against the will of the latter; occupant;
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 At the end of belligerent occupation, political laws shall (4) Principle of extraterritoriality
automatically become effective again (doctrine of jus
(5) Enjoyment of easements or servitudes (easement of innocent passage or
postliminium) arrival under stress)
The principle of postliminium, is a specific version of the maxim ex
injuria jus non oritur, providing for the invalidity of all illegitimate acts (6) Exercise of jurisdiction by the state in the high seas over its vessels, over
that an occupant may have performed on a given territory after its recapture pirates, in the exercise of the right to visit and search, and under doctrine
by the legitimate sovereign. or hot pursuit;

Dominium – capacity to acquire or own property (7) Exercise of limited jurisdiction over the contiguous zone and the
patrimonial sea, to prevent infringement of its customs, fiscal,
Imperium – authority possessed by the State embraced in the concept immigration or sanitary regulations.
of sovereignty
State Immunity from Suit: The State cannot be sued without its
JURISDICTION consent.

A. Territorial: power of the State over persons and things within its Royal Prerogative of Dishonesty: There can be no legal right against
territory. the authority which makes the law on which the right depends. It
may be sued if its gives consent.
Exemption:
Par in parem non habet imperium: Immunity is enjoyed by other
(1) Foreign states, head of states, diplomatic representatives and States. The Head of the State, who is deemed the personification of
consuls to a certain degree;
the State, is inviolable and enjoys immunity.
(2) Foreign state property, including embassies, consulates and
public vessels engaged in non-commercial activities; Test to Determine if Suit is Against the State

(3) Acts of state Whether it requires an affirmative act from the state.

(4) Foreign merchant vessels exercising the rights of innocent Suit Against Government Agencies
passage or involuntary entry such as arrival under stress
1. Incorporated – if the charter provides that the agency can sue
(5) Foreign armies passing through or stationed in its territory with and be sued, then suit will lie, including one for tort. The
its permission; and provision in the charter constitutes express consent on the part of
(6) Other persons or property, including organizations like the UN, the State to be sued.
over which it may, by agreement, waive jurisdiction.
Municipal corporations, agencies of the state when they are
B. Personal: power of the State over its nationals, which may be engaged in governmental functions and should enjoy sovereign
exercised by the State even of the individual is outside the territory immunity from suit. They are subject to suit even in the
of the State. performance of such functions because their respective charters
provide that they can sue and be sued. (Section 22 LGC)
C. Extraterritorial: power exercised by the State beyond its territory,
Example: 2. Unincorporated – inquire into the principal functions
(1) Assertion of its personal jurisdiction over its nationals abroad or the
exercise of its right to punish offenses committed outside its territory If governmental: no suit without consent
against its national interests even if the offenders are non-resident aliens;
If proprietary: suit will lie, because when the State engages in
(2) By virtue of its relations with other states/territories (as when it
principally proprietary functions, then it descends to the level of a
establishes a colonial protectorate or a condominium or administers a
private individual, and may therefore be vulnerable to suit.
trust territory or occupies enemy territory in the course of war);

(3) Local state waives jurisdiction over persons and things within its territory;
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Suit Against Public Officers: The doctrine of state immunity also FUNDAMENTAL POWERS OF THE STATE
applies to complaints filed against officials of the State for acts
performed by them in the discharge of their duties within the scope Inherent powers of the State
of their authority. 1. Police Power
Exceptions: (may be sued without prior consent from State) 2. Eminent Domain
1. to compel him to do an act required by law; 3. Power of Taxation
2. to restrain him from enforcing an act claimed to be Similarities
unconstitutional;
1. inherent in the state, without need of express constitutional grant
3. to compel the payment of damages from an already appropriated
assurance fund or to refund tax over-payments from a fund 2. necessary and indispensable
already available for the purpose;
3. methods by which the state interferes with private property
4. to secure a judgment that the officer impleaded may satisfy by
himself without the State having to do a positive act to assist 4. presupposes equivalent compensation
him;
5. exercised primarily by legislature
5. where government itself has violated its own laws, because the
Distinctions
doctrine of state immunity “cannot be used to perpetrate an
injustice” 1. Police power regulates liberty and property

Where a public officer has committed an ultra vires act, or there Eminent domain and taxation affects only property rights
is a showing of bad faith, malice or gross negligence, then the
officer can be held personally accountable. 2. Police power and taxation are exercised only by government

In order that suit may lie against the state, there must be Eminent domain may be exercised by private entities
consent. Where no consent is shown, state immunity from suit
3. Property taken in police power is usually noxious or intended for
may be invoked as a defense by the courts sua sponte at any
noxious purposes and may be destroyed
stage of the proceedings.
In eminent domain and taxation, the property is wholesome and
Express consent: general law or special law
devoted to public use/purpose.
Implied consent
4. Compensation in police power is the intangible, altruistic feeling that
1) state commences a litigation the individual has contributed to the public good;
2) state enters into a business contract
In eminent domain, it is the full and fair equivalent of the property
Scope of consent: consent to be sued does not include consent to the taken;
execution of judgment against it. Such execution will require another
waiver. In taxation, it is the protection given and/or public improvements
instituted by government for taxes paid.
Suability is not equated with outright liability. Liability will have to
be determined by the court on the basis of the evidence and the Limitations
applicable law. 1. Bill of Rights

2. Courts may annul improvident exercise of police power

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Police Power Power of Eminent Domain (Power of Expropriation)

Power of promoting public welfare by restraining and regulating the Jurisdiction - RTC
use of liberty and property. Who may exercise the power
Most pervasive, least limitable and most demanding of the three Congress
powers.
By delegation, the President, administrative bodies, LGUs and even
Justification: private enterprises performing public services
salus populi est suprema lex the welfare of the people is to Requisites
be the highest law (1) Necessity
sic utere tuo ut alienum non use your property in such a way (2) Private Property, except money and choses in action
laedas that you do not damage others (3) Taking in the constitutional sense
(4) Public use
(5) Just Compensation – full and fair equivalent of the property
Who may exercise taken; fair market value of the property
Inherently vested in Legislature Judicial Prerogative
Congress may validly delegate this power to the President, Ascertainment of what constitutes just compensation for property
administrative bodies and to lawmaking bodies of LGUs. taken in eminent domain cases is a judicial prerogative.
LGUs exercise this power under the general welfare clause Form of Compensation
Limitations (test for valid exercise) Paid in money and no other form.
Lawful subject: interest of the public; activity or property sought to In agrarian reform, payment is allowed to be made partly in bonds
be regulated affects the general welfare; if it does then the because under the CARP, “we do not deal with the traditional
enjoyment of the rights flowing therefrom may have to yield to the exercise of the power of eminent domain; we deal with a
interest of the greater number. revolutionary kind of expropriation.”
Lawful means: means employed are reasonably necessary for the Reckoning point of market value of the property
accomplishment of the purpose and not unduly oppressive on
individuals. Date of the taking or the filing of the complaint, whichever comes
first.
Express grant by law
Principal criterion in determining just compensation
Within territorial limits (for LGUs except when exercised to protect
water supply) Character of the land at the time of the taking
Must not be contrary to law Entitlement of owner to interest
For Municipal Ordinances to be Valid: When there is delay in the payment of just compensation, the owner
is entitled to payment of interest if claimed; otherwise, interest is
1) Must not contravene the Constitution or the statute deemed waived;
2) Must not be unfair or oppressive
3) Must not be partial or discriminatory Interest is 6% per annum; interest by way of damages.
4) Must not prohibit but may regulate trade In some expropriation cases, the court imposes 12% damages for
5) Must not be unreasonable delay in payment which, in effect, makes the obligation on the part
6) Must be general in application and consistent with public policy of government one of forbearance.
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Who else may be entitled to just compensation Small property owners:

 Owner (1) Owners of residential lots not more than 300 sq. m. in highly
 Those who have lawful interest urbanized cities and not more than 800 sq. m. in other urban areas
(2) They do not own residential property other than the same
Title to the property - Does not pass until after payment
Right of landowner in case of non-payment of just compensation Power of Taxation
Does not entitle to recover possession of the expropriated lots Who may exercise
 Legislature
Only to demand payment of the FMV of the property  Local legislative bodies
Due process of law - Defendant must be given an opportunity to be  To a limited extent, the President, when granted delegated tariff
heard powers

Writ of Possession, ministerial upon: Limitations on the exercise

(1) Filing of complaint for expropriation sufficient in form and substance 1. Due process of law, must not be confiscatory
2. Equal protection clause, must be uniform and equitable
(2) Upon deposit by the government of the amount equivalent to 15% 3. Public purpose
of the FMV of the property per current tax declaration
Double taxation
The plaintiff’s right to dismiss the complaint has always been subject
Additional taxes are laid on the same subject by the same taxing
to Court approval and to certain conditions, because the landowner
may have already suffered damages at the start of the taking. jurisdiction during the same taxing period and for the same purpose.

Right to repurchase or re-acquire the property Tax Exemptions

Property owners right to repurchase the property depends upon the No law granting tax exemption shall be passed without the
character of the title acquired by the expropriator: if land is concurrence of a majority of all the Members of Congress.
expropriated for a particular purpose with the condition that when
Charitable institutions, churches and parsonages or convents
that purpose is ended or abandoned, the property shall revert to the
appurtenant thereto, mosques, non-profit cemeteries, and all lands,
former owner, the former owner can re-acquire the property.
buildings and improvements actually, directly and exclusively used
Lands for socialized housing are to be acquired in the following for religious, charitable or educational purposes exempt
order:
Revenues and assets of non-stock, non-profit educational institutions
1) Government lands used actually, directly and exclusively for educational purposes
2) Alienable lands of the public domain exempt
3) Unregistered, abandoned or idle lands;
Proprietary educational institutions may be exempt subject to
4) Lands within the declared Areas for Priority Development, Zonal
limitations provided by law
Improvement Program sites, Slum Improvement and
Resettlement sites which have not yet been acquired; Grants, endowments, donations, or contributions used actually,
5) BLISS sites which have not yet been acquired; and directly, and exclusively for educational purposes exempt
6) Privately owned lands
Police Power vs. Taxation
The mode of expropriation is subject to 2 conditions:
(1) Resorted to only when the other modes of acquisition have been License fee v. Tax license fee is a police measure; tax is revenue
exhausted measure

(2) Parcels owned by small property owners are exempt from such Amount collected for a license fee is limited to the cost of permit and
acquisition reasonable police regulation (except when the license fee is imposed
on a non-useful occupation); amount of tax may be unlimited
provided it is not confiscatory
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License fee is paid for the privilege of doing something and may be Manifestations
revoked when public interest so requires; tax is imposed on persons (1) Government of law and not of men
or property for revenue (2) Rule of majority
(3) Accountability of public officials
Kinds of license fee (4) Bill of rights
(1) For useful occupation/enterprises (5) Legislature cannot pass irrepealable laws
(6) Separation of powers
(2) Non-useful occupation/enterprises (when used to discourage, it may
be a bit exorbitant) Purpose
To prevent concentration of authority in one person or group of
LAND BANK OF THE PHILIPPINES VS. CA persons that might lead to an irreversible error or abuse in its
There is no basis in allowing the opening of a trust account in behalf of exercise to the detriment of republican institutions.
the landowner as compensation for his property because, as
heretofore discussed, Section 16(e) of RA 6657 is very specific that Principle of Blending of Powers
the deposit must be made only in "cash" or in "LBP bonds". Instances when powers are not confined exclusively within one
department but are assigned to or shared by several departments.
LBP v. HONEYCOMB FARMS CORPORATION
The compensation to be paid should not be less than the market value Principle of Checks and Balances
of the property although the taking was not done in LBP‘s traditional This allows one department to resist encroachments upon its
exercise of the power of eminent domain. prerogatives or to rectify mistakes or excesses committed by the
other departments.
LBP VS. SANTIAGO
It should also be pointed out, however, that in the more recent case of Doctrine of Necessary Implication
Land Bank of the Philippines vs. Natividad, the Court categorically Absence of express conferment, the exercise of the power may be
ruled: "the seizure of the landholding did not take place on the date justified under this doctrine, that the grant of an express power
of effectivity of P.D. No. 27 but would take effect on the payment of carries with it all other powers that may be reasonably inferred from
just compensation." it.

A purely justiciable question implies a given right, legally

PRINCIPLES AND STATE POLICES
demandable and enforceable, an act or omission violative of such
Preamble
right, and a remedy granted and sanctioned by law for said breach of
Does not confer rights nor impose duties
right.
Indicates authorship of the Constitution
Enumerates the primary aims and aspirations of the framers Political question is a question of policy. It refers to those questions
Serves as an aid in the construction of the Constitution which, under the Constitution, are to be decided by the people in
their sovereign capacity, or in regard to which full discretionary
Republicanism
authority has been delegated to the legislative or executive branch of
 The Philippines is a democratic and republican state.
government. It is concerned with issues dependent upon wisdom,
Sovereignty resides in the people and all government authority
not legality of particular measure.
emanates from them.
Delegation of powers
Essential features
Potestas delegate non potest delegare –
(1) Representation
 no delegated powers can be further delegated
(2) Renovation
Delegated power constitutes not only a right but a duty to be
performed by the delegate through the instrumentality of his own
judgment and not through the intervening mind of another.
 POLITICAL LAW MIDTERMS REVIEWER 2016 11

Permissible delegation Doctrine of Incorporation – our courts have applied the rules of
(1) Tariff powers to the president international law in a number of cases even of such rules had not
previously been subject of statutory enactments, because these
(2) Emergency powers to the president (in times of war or national
emergency) generally accepted principles of international law are automatically
part of our own laws.
(3) Delegation to the people – specific provisions where the people have
reserved to themselves the function of legislation Civilian Supremacy
 Referendum: power of the electorate to approve or reject Civilian authority is, at all times supreme over the military. The AFP
legislation through an election called for the purpose; is the protector of the people and the State. Its goal is to secure the
referendum on statutes and referendum on local law sovereignty pf the State and integrity of the national territory.
 Plebiscite: electoral process by which an initiative on the
Constitution is approved or rejected by the people. Duty of Government; people to defend the State

(4) Delegation to LGUs The prime duty of the Government is to serve and protect the people.

(5) Delegation to Administrative Bodies – power of subordinate The Government may call upon the people to defend the State and,
legislation in the fulfillment thereof, all citizens may be required, under
Tests for valid delegation conditions provided by law, to render personal military or civil
service.
(1) Completeness test: the law must be complete in all its essential
terms and conditions when it leaves the legislature so that there will The maintenance of peace and order, the protection of life, liberty
be nothing left for the delegate to do when it reaches him except to and property, and the promotion of the general welfare are essential
enforce it. for the enjoyment by all the people of the blessings of democracy.

(2) Sufficient standard test: intended to map out the boundaries of Right to Bear Arms: statutory, not constitutional right.
the delegates’ authority by defining the legislative policy and
Separation of Church and State
indicting the circumstances under which it is up be pursued and
Freedom of religion clause
effected; the standards usually indicated in the law delegating
Religious sect cannot be registered as political party
legislative power.
No sectoral representative from the religious sector
The Incorporation Clause Prohibition against appropriation for sectarian benefit

The Philippines renounces war as an instrument of national policy, Exceptions

adopts the generally accepted principles of international law as part
(1) Section 28(3), Article VI: Exemption from taxation
of the law of the land, and adheres to the police of peace, equality,
justice, freedom, cooperation and amity with all nations. (2) Section 29(2), Article VI: Prohibition against sectarian benefit,
except when priest is assigned to the armed forces or to any penal
Independent foreign policy and nuclear-free Philippines
institution or government orphanage or leprosarium
Expiration of Bases Agreement
(3) Section 3(3), Article XIV: Optional religious instruction for public
Renunciation of War elementary and high school studies

(1) Covenant of the League of Nations (4) Section 4(2), Article XIV: Filipino ownership requirement to
educational institutions, except those established by groups and
(2) Kellogg-Briad Pact of 1928 mission boards

(3) Charter of the United Nations

 POLITICAL LAW MIDTERMS REVIEWER 2016 12

Separation of Church and State is shown by the following Promotion of Social Justice
provisions of the Constitution:
Promote social justice in all phases of national development
1. ART. III, Sec. 5. No law shall be made respecting an Respect for human dignity and human rights
establishment of religion, or prohibiting the free exercise thereof.
The free exercise and enjoyment of religious profession and State values the dignity of every human person and guarantees full
respect for human rights.
worship, without discrimination or preference, shall forever be
allowed. NO RELIGIOUS TEST SHALL BE REQUIRED FOR THE Family and Youth
EXERCISE OF CIVIL OR POLITICAL RIGHTS.
The State recognizes the sanctity of family life and shall protect and
2. ART. VI, Sec. 28 (3). Charitable institutions, churches, mosques, strengthen the family as a basic autonomous social institution. It
shall equally protect the life of the mother and the life of the unborn
non-profit cemeteries…actually, directly and exclusively used for
from conception. The natural and primary right and duty of parents
religious, charitable, or educational purposes shall be exempt from
in the rearing of the youth for civic efficiency and the development of
taxation. moral character shall receive support of the Government.
3. ART. VI, Sec. 29 .(2). No public money or property shall be The State recognizes the vital role of the youth in nation-building and
appropriated, applied, paid, for the benefit, directly or indirectly, shall promote and protect their physical, moral, spiritual, intellectual
for the use, benefit, or support of any sect, church, denomination and social well-being. It shall inculcate in the youth patriotism and
or religion, except when such priest, minister is assigned to the nationalism, and encourage their involvement in public and civic
armed forces, or to any penal institution, or government orphanage affairs.
or leprosarium. Fundamental equality of men and women
4. ART. IX, C, 2(5). Religious denominations and sects shall not be State recognizes the role of women in nation-building and shall
registered…as political parties. (NOTE: Religious organizations are ensure the fundamental equality before the law of men and women.
also prohibited ion connection with sectoral representatives under
Promotion of health and ecology
Art. VI)
State shall protect and promote the right to health of the people and
5. ART. XIV, Sec. 3(3). At the option in writing by parents, religion instill health consciousness among them.
shall be allowed to be taught to their children in elementary and
high schools within the regular class hours by instructors The State shall protect and advance the right of the people to a
designated or approved by religious authorities to which said balanced and healthful ecology in accord with the rhythm and
children belong, without additional cost to the government. harmony of nature.

Independent Foreign Policy and Nuclear-free Philippines Priority to education, science, technology, etc.

State shall pursue an independent foreign policy. In relations with State shall give priority to education, science and technology, arts,
other states, the paramount consideration shall be national culture and sports, to foster patriotism and nationalism, accelerate
sovereignty, territorial integrity, national interest and the right to social progress, and promote total human liberation and
self-determination. development.

The Philippines consistent with the national interest, adopts and Protection to Labor
pursues a policy of freedom from nuclear weapons in its territory. State affirms labor as a primary social economic force. It shall protect
Just and dynamic social order the rights or workers and promote their welfare.

State shall promote a just and dynamic social order that will ensure Self-reliant and independent economic order
prosperity and independence of the nation and free the people from State shall develop a self-reliant and independent national economy
poverty through policies that provide adequate social services, effectively controlled by Filipinos.
promote full employment, a rising standard of living and an
improved quality of life for all.
 POLITICAL LAW MIDTERMS REVIEWER 2016 13

The State recognizes the indispensable role of the private sector, BILL OF RIGHTS
encourages private enterprise, and provide incentives to needed
investments. Definition
Land reform Set of prescriptions setting forth the fundamental civil and political
rights of the individual, and imposing limitations on the powers of
State shall promote comprehensive rural development and agrarian government.
reform.
Generally, any government action in violation of the Bill of Rights
Indigenous cultural communities is void.
State recognizes and promotes the rights of indigenous cultural Generally self-executing.
communities within the framework of national unity and
development. Civil Rights - Right that belong to every citizen of the state or country
and are not connected with the organization or administration of
Independent people’s organizations
government.
State shall encourage non-governmental, community-based, or
sectoral organizations that promote the welfare of the nation. Political Rights - Right to participate, directly or indirectly, in the
establishment or administration of government.
Communication and information in nation-building
DUE PROCESS OF LAW
State recognizes the vital role of communication and information in
nation-building. No person shall be deprived of life, liberty or property
without due process of law
Autonomy of local governments
Definition
State shall ensure the autonomy of local governments.
a LAW which hears before it condemns, which proceeds upon inquiry
Decentralization and does not make the local governments sovereign and renders judgment only after trial.
within the State or an imperium in imperio.
Who are protected
Decentralization of administration: delegation of administrative Universal in application to all persons
powers to the LGU in order to broaden the base of governmental
Artificial persons are covered by the protection only insofar as
powers.
their property is concerned
Decentralization of power: abdication by the national government of Guarantee extends to aliens and includes the means of livelihood
governmental powers.
Meaning of life, liberty and property
Equal access of opportunities for public service
Life: right of an individual to his body in its completeness, free from
State shall guarantee equal access of opportunities for public service
and prohibit political dynasties as may be defined by law. dismemberment and extends to the use of God-given faculties which
makes life enjoyable
Honest public service and full public disclosure
Liberty: the right to exist and the right to be free from arbitrary
State shall maintain honesty and integrity in the public service and
personal restraint or servitude; includes the right to be free to use
take positive and effective measures against graft and corruption.
his faculties in all lawful ways
State adopts and implements a policy of full public disclosure of all its
transactions involving public interest. Property: anything that can come under the right of ownership and
can be subject of contract; the right to secure, use and dispose
them.
 POLITICAL LAW MIDTERMS REVIEWER 2016 14

Aspects of due process (3) Decision must have something to support itself;

1. Substantive – restriction on government’s law- and rule-making (4) Evidence must be substantial;
powers (5) Decision must be rendered on the evidence presented or at least
Requisites: contained in the records and disclosed to the parties;
1. interest of the public
(6) Tribunal or any of its judges must act on its own or his own
2. means employed are reasonably necessary for the
independent consideration of the facts and the law of the
accomplishment of the purpose and not unduly oppressive on
controversy, and not simply accept the views of a subordinate in
individuals arriving at a decision; and
2. Procedural – restriction on actions of judicial and quasi-judicial
agencies of government (7) The board or body should, in all controversial questions, render its
decision in such a manner that the parties to the proceeding will
Requisites: know the various issues involved, and the reason for the decision.
1. impartial court or tribunal clothed with judicial power to hear and
determine the matter before it
2. jurisdiction must be lawfully acquired over the person of the EQUAL PROTECTION OF THE LAWS
defendant and over the property which is the subject matter of the
proceeding Meaning
3. the defendant must be given an opportunity to be heard
4. judgment must be rendered upon lawful hearing All persons or things similarly situated should be treated alike, both
as to rights conferred and responsibilities imposed.
Publication as part of due process
Natural and juridical persons are entitled to this guarantee.
Publication is imperative to the validity of laws, PDs and Eos,
administrative rules and regulation and is an indispensable part of With respect to juridical persons, they enjoy the protection only
due process. insofar as their property is concerned.
Appeal and due process Scope of Equality
Appeal is not a natural right nor is it part of due process; it may be
Economic
allowed or denied by legislature in its discretion.
(1) Free access to courts
But where the Constitution gives a person the right to appeal, denial (2) Marine wealth reserved for Filipino citizens
of such constitutes a violation of due process. (3) Reduction of social, economic and political inequalities
Preliminary investigation and due process
Political
Right to preliminary investigation is not a constitutional right, but it is (1) Free access to courts
merely a right conferred by statute. (2) Bona fide candidates being free from harassment/discrimination
But where there is a statutory grant of the right to preliminary (3) Reduction of social, economic and political inequalities
investigation, denial of such constitutes a violation of due process.
Social
Administrative due process
Valid Classification
Requisites (1) Substantial distinctions
(1) Right to a hearing, includes the right to present one’s case and (2) Germane to the purpose of the law
submit evidence in support thereof; (3) Not limited to existing conditions only
(4) Must apply equally to all members of the same class
(2) Tribunal must consider the evidence presented;
 POLITICAL LAW MIDTERMS REVIEWER 2016 15

SEARCHES AND SEIZURES The judge shall

Scope (1) Personally evaluate the report and the supporting documents
submitted by the fiscal regarding the existence of probable cause
Available to all persons, including aliens, whether accused of a crime and, on the basis thereof, issue a warrant of arrest; or
or not.
Artificial persons are also entitled to the guarantee, although they (2) If on the basis thereof, he finds no probable cause, he may
may be required to open their books of accounts for examination by disregard the prosecutor’s report band require the submission of
the State in the exercise of police and taxing powers. supporting affidavits of witnesses.

Right is personal Principles:

Objection must be raised before the accused enters his plea (1) The determination of probable cause is a function of the judge
Procedural Rules
(2) The preliminary inquiry made by the prosecutor does not bind the
1. warrantless arrest is not a jurisdictional defect and any objection judge, as it is the report, affidavits, the transcript of stenographic
thereto is waived when the person arrested submits to arraignment notes and all other supporting documents behind the prosecutor’s
without any objection; certification which are material in assisting the judge in his
2. where a criminal case is pending, the Court wherein it is filed, or the determination of probable cause
assigned branch, has primary jurisdiction to issue the search
(3) Judges and prosecutors should distinguish the preliminary inquiry
warrant;
which determines probable cause for the issuance of the warrant of
3. where no criminal case has been filed, the executive judges or their arrest from the preliminary investigation proper which ascertains
lawful substitutes, in the areas and for the offense contemplated whether the offender should be held for trial or be released
shall have primary jurisdiction;
(4) Only a judge may issue a warrant of arrest
4. moment the information is filed with the RTC, it is that court which
must issue the warrant of arrest; Judge himself conducts the preliminary investigation, for him to
5. the judge may order the quashal of a warrant he issued even after issue a warrant of arrest, the investigating judge must:
the same had already been implemented, particularly when such
quashal is based on the finding that there is no offense committed (1) Have examined, under oath, the complainant and the witnesses;
items seized shall be inadmissible in evidence
(2) Be satisfied that there is probable cause; and
Only a judge may issue a warrant
(3) That there is a need to place the respondent under immediate
Exception: order of arrest may be issued by administrative custody in order not to frustrate the ends of justice
authorities but only for the purpose of carrying out a final finding of
a violation of law, e.g. an order of deportation or an order of Particularity of Description:
contempt but not for the sole purpose of investigation or
prosecution. (1) Readily identify the properties to be seized and thus prevent them
from seizing the wrong items; and
Requisites for a Valid Warrant
(1) Probable cause (2) Leave peace officers with no discretion regarding the articles to be
seized and thus prevent unreasonable searches and seizures.
(2) Determination of probable cause personally by the judge
Warrant of Arrest particularly describe the person to be seized if it
(3) After examination under oath or affirmation of the complainant and
contains the name/s of the person/s to be seized.
the witnesses he may produce
(4) Particularity of description John Doe warrant descriptio persona
 POLITICAL LAW MIDTERMS REVIEWER 2016 16

Search Warrant In (2):

description is as specific as the circumstances will ordinarily allow or (1) there must be immediacy between the time the offense is
when description expresses a conclusion of fact (not of law) by which committed and the time of the arrest. If there was an appreciable
the warrant officer may be guided in making the search; or lapse of time between the arrest and the commission of the crime,
a warrant of arrest must be secured; and
when the things described are limited to those which bear direct relation
to the offense for which the warrant is being issued. (2) the person making the arrest has personal knowledge of certain
facts indicating that the person to be taken into custody has
Properties Subject of Seizure:
committed the crime.
(1) Subject of the offense
(2) Stolen or embezzled property and other proceeds or fruits of the Question the validity of the arrest before entering plea; failure to
offense; and do so would constitute a waiver of his right against unlawful restraint
(3) Property used or intended to be used as means for the commission of his liberty. However, waiver is limited to the illegal arrest. It does
of an offense not extend to the search made as an incident thereto, or to the
subsequent seizure if evidence allegedly found during the search.
Conduct of the Search
(1) Lawful occupant Valid Waiver of Constitutional Right
(2) Any member of his family (1) Right exists
(3) 2 witnesses, of sufficient age and discretion, residing in the same (2) That the person involved had knowledge, either actual or
locality constructive of the existence of such right; and
(3) That the person had an actual intention to relinquish the right.
Warrantless arrests by a peace officer or a private person:
(1) When the person to be arrested has committed, is actually Warrantless Searches
committing or is attempting to commit an offense in his presence; (1) When the right is voluntarily waived;
(2) When the offense had just been committed and there is probable (2) When there is a valid reason to “stop-and-frisk”;
cause to believe, based on his personal knowledge of facts and of (3) Where the search (and seizure) is an incident to a lawful arrest;
other circumstances, that the person to be arrested has committed (4) Search of vessels and aircrafts;
the offense; (5) Search of moving vehicles;
(3) When the person to be arrested is a prisoner who has escaped from (6) Inspection of buildings and other premises for the enforcement of
a penal establishment or place where he is serving final judgment fire, sanitary and building regulations;
or temporarily confined while his case is pending, or has escaped (7) Where prohibited articles are in plain view;
while being transferred from one confinement to another; and (8) Search and seizure under exigent and emergency circumstances;
(9) Conduct of areal target zoning or saturation drive/s as valid exercise
(4) When the right is voluntarily waived.
of military powers of the President (Guanzon vs. de Villa)
Buy-bust operation is a valid in flagrante arrest.
Searches of Passengers at Airports
In flagrante arrests: - When the accused checked in his luggage as a passenger of a plane,
he agreed to the inspection of his luggage in accordance with
(1) The person to be arrested must execute an overt act indicating that
customs laws and regulations, and thus waived any objection to a
he had just committed, is actually committing, or is attempting to
warrantless search.
commit a crime; and
- Search made pursuant to routine airport security is allowed under RA
(2) Such overt act is done in the presence or within the view of the
6235, which provides that every airline ticket shall contain a
arresting officer.
condition that hand-carried luggage, etc., shall be subject to search,
and this condition shall form part of the contract between the
passenger and the air carrier.
 POLITICAL LAW MIDTERMS REVIEWER 2016 17

Stop and Frisk Seizure of allegedly pornographic material

- Vernacular designation of the right of a police officer to stop a citizen
on the street, interrogate him and pat him for weapons whenever he (1) criminal charge must be brought against the person/s for purveying
observes unusual conduct which leads him to conclude that criminal the pornographic material/s;
activity may be afoot. (2) application for a search and seizure warrant obtained from a judge
- Requisites: (who shall determine the existence of probable cause);

1. police officer should properly introduce himself and make initial (3) material confiscated brought to the court in the prosecution of the
inquiries accused for the crime charged;

2. approach and restrain a person who manifests unusual and (4) court will determine whether the confiscated items are really
suspicious conduct in order to check the latter’s outer clothing for pornographic; and
possible concealed weapon (5) judgment of acquittal or conviction rendered by the court
3. must have a genuine reason, in accordance with experience and the accordingly
surrounding conditions, to warrant the belief that the person to be Fishing vessel found to be violating fishery laws may be seized
held has weapons or contraband concealed about him without a warrant:
4. search and seizure should precede the arrest 1) usually equipped with powerful motors that enable them to
elude pursuit and
Exception: People vs. Sucro – warrantless search and seizure can be 2) seizure would be incident to a lawful arrest
made without necessarily being preceded by an arrest provided that
the said search is effected on the basis of probable cause. Search of moving vehicles

- People vs. Chua Ho San: contemporaneous search of a person - justified on the ground that it is not practicable to secure a warrant
arrested may be effected for dangerous weapons or proofs or because the vehicle can be moved quickly out of the locality or
implements used in the commission of the crime and which search jurisdiction in which the warrant may be sought.
may extend to the area within his immediate control where he might - Prevent violations of smuggling or immigration laws, provided that
gain possession of a weapon or evidence he can destroy, a valid such searches are made at borders or constructive borders (e.g.
arrest must preceded a search. checkpoints near the boundary lines of the state).

Where the search (and seizure) is an incident to a lawful arrest; “Stop and search” without a warrant at a military or police checkpoints
- Not illegal per se so long as it is required by the exigencies of public
- Search must be contemporaneous to arrest and made within a
order and conducted in a way least intrusive to motorists. (Valmonte
permissible area of search. vs. de Villa)
- Requisites: Checkpoint Search

1. arresting officer must have probable cause in effecting the arrest; (1) Mere routine inspection: the search is normally permissible when it
and is limited to a mere visual search, where the occupants are not
subjected to a physical or body search.
2. probable cause must be based on reasonable ground of suspicion or
(2) Extensive search: constitutionally permissible if the officers
belief that a crime has been committed or is about to be committed. conducting the search had reasonable or probable cause to believe,
before the search, that either the motorist is a law offender or they
Permissible area of search
will find the instrumentality or evidence pertaining to a crime in the
- may extend beyond the person of the one arrested to include the vehicle to be searched.
premises or surroundings under his immediate control.
 POLITICAL LAW MIDTERMS REVIEWER 2016 18

Inspection of buildings and other premises for the enforcement Immediately apparent test
of fire, sanitary and building regulations
- Does not require an unduly high degree of certainty.
- Exercise of police power of the State
- Must be conducted during reasonable hours - Requires merely that the seizure be presumptively reasonable
assuming that there is probable cause to associate the property with
Prohibited articles are in plain view criminal activity.
- Objects in plain view of the officer who has the right to be in the - Nexus exists between the viewed object and the criminal activity.
position to have that view.
Exclusionary Rule: Evidence obtained in violation of Section 2, Article
- Police officer is not searching but inadvertently comes upon an 3 shall be inadmissible for any purpose in any proceeding because it
incriminating object. is “the fruit of the poisoned tree.”
- Requisites: - Property illegally seized may be used in evidence in the case filed
against the officer responsible for the illegal seizure.
(1) Prior valid intrusion based on a valid warrantless arrest in which the
police are legally present in the pursuit of their official duties; ******************************************
(2) Evidence was inadvertently discovered by the police who have the MIRANDA DOCTRINE
right to be where they are;
- Any person under investigation for the commission of an offense shall
(3) Evidence must be immediately apparent; and have:
(4) “Plain view” justified the seizure of the evidence without any further 1) The right to be informed of his right to remain silent and
search. 2) To have competent and independent counsel preferably of his
own choice.
PLAIN VIEW DOCTRINE
- If the person cannot afford the services of counsel, he must be
- Object is plainly exposed to sight. provided with one.
- Where the object seized is inside a closed package, the object is not in These rights cannot be waived, except
plain view and, therefore, cannot be seized without a warrant.
1) In writing and
- Package proclaims its contents transparency, distinctive 2) In the presence of the counsel.
configuration or contents are obvious to an observer.
- No torture, force, violence, threat, intimidation or any other means
- People vs. Salanguit: once the valid portion of the search warrant which vitiate the free will shall be used against him.
has been executed, the “plain view” doctrine can no longer
provide any basis for admitting the other items subsequently - Secret detention places, solitary, incommunicado, or other similar
found… (marijuana was also wrapped in newspaper which was not forms of detention are prohibited.
transparent -- warrant is for shabu and drug paraphernalia, found - Any confession or admission obtained in violation of this or Section 17
the shabu first – plain view doctrine cannot provide basis for the shall be inadmissible in evidence against him.
admission of marijuana as evidence)
- The law shall provide for penal and civil sanctions for violations of this
- Doctrine is not an exception to the warrant. It serves to section, as well as compensation to and rehabilitation of victims of
supplement the prior justification. It is a recognition that of the fact torture or similar practices, and their families.
that when executing police officers come across immediately
incriminating evidence not covered by the warrant, they should not Rights are available only during custodial investigation.
be required to close their eyes to it, regardless of whether it is Custodial investigation or in-custody interrogation of accused person:
evidence of the crime they are investigating or evidence of some any questioning initiated by law enforcement officers after a person
other crime. It would be needless to require the police to obtain has been taken into custody or otherwise deprived of his freedom of
another warrant.
action in any significant way.
 POLITICAL LAW MIDTERMS REVIEWER 2016 19

Investigation ceases to be a general inquiry into an unsolved crime What rights are available? (7 Rights)
and direction is aimed upon a particular suspect who has been taken
1) To remain silent;
into custody and to whom the police would then direct interrogatory
questions which tend to elicit incriminating statements. No adverse inference from his refusal to answer.
- Does not apply to spontaneous statements. 2) To competent and independent counsel (preferably of his own
- Does not apply to admissions/confessions made by a suspect before choice; at all stages of the proceeding);
he was placed under custodial investigation. Attaches upon the start of the investigation;
- Custodial investigation includes the practice of issuing an “invitation” Lawyer should never prevent a person from telling the truth.
to a person who is investigated in connection with an offense he is
suspected to have committed, without prejudice to the liability of the RA 7438: Accused’s parent, older bro and sis, spouse, Mayor,
inviting officer for any violation. Municipal Judge, district school supervisor, or priest or minister of
the gospel as chosen by the accused, may appear in lieu of the
POLICE LINE-UP
counsel during the taking of an EJ confession IF:
Not considered part of custodial investigation because it is conducted 1) Counsel of accused is absent and
before that stage of investigation is reached. 2) Valid waiver had been executed.
Process has not yet shifted from the investigatory to the accusatory “competent and independent”  willing to safeguard the
stage. constitutional rights of the accused, as distinguished from one
- People vs. Escordial who would merely be giving a routine peremptory and
meaningless recital of the individual’s constitutional rights.
Out-of-court identification may be made in a “show-up” (where the
accused is brought face to face with the witness for identification) or Mere pro forma appointment of a counsel de officio who fails to
in a police line-up (where the suspect is identified by a witness from genuinely protect the interests of the accused merits
a group of persons gathered for that purpose). disapprobation.

During custodial investigation, these have been described as “critical Independent Counsel: not special counsel, City legal officer,
confrontations of the accused by the prosecution” necessitating the Mayor, public/private prosecutor, counsel of the police, or a
presence of counsel. This is because the result of these pre-trial municipal attorney, whose interest is admittedly adverse to the
proceedings might well settle the fate of the accused and reduce the accused.
trial to a mere formality. “Preferably of his own choice” does not mean that the choice
Merely photographed or paraffin test, not yet under custodial of a lawyer by a person under investigation is exclusive as to
investigation. preclude other equally competent and independent attorneys
from handling the defense.
Investigations not considered as custodial interrogations.
Choice of lawyer when accused cannot afford – final say is
- Arrested person signs a booking sheer and an arrest report at the still with the accused who may reject said lawyer; deemed
police station, he does not admit the commission of an offense nor engaged by the accused when he does not object.
confess to any incriminating circumstance. Said booking sheet is
merely a statement of how the arrest was made and has no Confession obtained after charges had already been filed:
probative value as an EJ statement of the person detained. The right to counsel still applies in certain pre-trial proceedings
that are considered critical stages in the criminal process.
- Rights guaranteed by this provision refers only to testimonial Custodial interrogation before or after charges have been filed,
compulsion. and non-custodial interrogation after the accused has been
formally charged, are considered “critical pre-trial stages” in the
criminal process.
 POLITICAL LAW MIDTERMS REVIEWER 2016 20

3) To be informed of such rights; To remain silent

Right to counsel
Transmission of meaningful information rather than just To be informed of such right
ceremonial and perfunctory recitation of an abstract constitutional Not to be subjected to torture, violence, threat, intimidation or
principle. any other means which vitiates free will and
P must show that the accused understood what he read and the To have evidence obtained in violation of these rights rejected and
consequences of his waiver. inadmissible.

Right to be informed carries with it the correlative obligation on 2) After the case is filed in court 
the part of the investigator to explain and contemplates an To refuse to be a witness
effective communication which results in the subject Not to have nay prejudice by such refusal
understanding what is conveyed. (degree of explanation depends To testify in his own behalf, subject to cross-examination
on the personal circumstances of the accused) While testifying, refuse to answer an incriminating question

4) Rights cannot be waived except in writing and signed by the Waiver

person in the presence of his counsel; (1) Must be in writing and made in the presence of the counsel

5) No torture, force, violence, etc. which vitiates free will shall (2) No retroactive effect – no application to waivers made prior to APRIL
be used; 26, 1983, the promulgation of Morales.
(3) Burden of proof – burden of proving valid waiver is with the
6) Secret detention places, etc. are prohibited; and
prosecution.
Presumption that official duty has been regularly performed
7) Confessions/admissions obtained in violation of rights are
cannot prevail over the presumption of innocence.
inadmissible in evidence.
(4) What may be waived
2 Kinds of Involuntary/Coerced Confession Right to remain silent
1) Coerced confession, the product of third degree methods Right to counsel
NOT the right to be informed of these rights.
2) Uncounselled statements, without the benefit of the Miranda
warning Guidelines for Arresting/Investigating Officers (People vs. Mahinay)
Alleged infringement of the constitutional rights of the accused during (1) Person arrested, detained, invited or under custodial investigation must be
custodial investigation is relevant and material only where an informed in a language known to and understood by him of the reason for
extrajudicial confession/admission from the accused becomes the his arrest and must be shown the warrant of arrest, if any.
basis of conviction.
(2) He must be warned that he has the right to remain silent and that any
1973 Constitution does not distinguish between verbal and non- statement he makes may be used as evidence against him.
vernal confession. (3) He must be informed that he has the right to be assisted at all times and
have the presence of an independent and competent lawyer, preferably of
his own choice.
A person suspected of having committed a crime and
subsequently charged with its commission has the following (4) He must be informed that if he has no lawyer or cannot afford one, a lawyer
will be provided for him; and that a lawyer may also be engaged by any
rights in the matter of his testifying or producing evidence:
person in his behalf or may be appointed by the Court upon petition of the
person or one acting in his behalf.
1) Before case is field in court or with public prosecutor for
preliminary investigation, but after having been taken into (5) That whether or not the person arrested has a lawyer, he must be informed
custody or otherwise deprived of his liberty and on being that no custodial investigation in any form shall be conducted except in the
presence of his counsel or after a valid waiver.
interrogated by the police 
 POLITICAL LAW MIDTERMS REVIEWER 2016 21

(6) The person arrested must be informed that, at any time, he has the right to - Receipt of Seized Property if signed by the accused without assistance
communicate or confer by the most expedient means with his lawyer, any of counsel and not having been informed of his constitutional rights
member of his immediate family, or any medical doctor, priest or minister is inadmissible.
chose by him or anyone of his immediate family or by his counsel, or be
visited by/confer with duly accredited national or international non- People vs. Linsangan: initialed the P10 bill that the police found
governmental organization. It shall be the responsibility of the officer to tucked in his waist. Valid. Because possession of marked bills did not
ensure that this is accomplished. constitute a crime, the subject if the prosecution being his act of
(7) He must be informed that he has the right to waive any said rights provided selling marijuana cigs.
it is made voluntarily, knowingly and intelligently, and ensure that he
understood the same.
- Re-enactment of the Crime – before, must be appraised of his
constitutional rights.
(8) If the person arrested waives his right to a lawyer, he must be informed that
this must be done in writing and in the presence of the counsel, otherwise - Res Gestae – admissible.
he must be warned that the waiver is void even if he insists in his waiver
and chooses to speak.
Waiver of Exclusionary Rule: failure to object to offer in evidence.

(9) The person arrested must be informed that he may indicate in any manner at
any time or stage of the process that he does not wish to be questioned
with a warning that once he makes such indication the police may not PRIVACY OF COMMUNICATIONS AND CORRESPONDENCE
interrogate him if the same had not yet commenced or the interrogation
must cease if it had already begun. - The privacy of communication and correspondence shall be inviolable
(10) The person arrested must be informed that the initial waiver of his right to EXCEPT upon lawful order of the court OR when public safety or
remain silent, the right to counsel or to any other rights does not bar him order requires otherwise as prescribed by law.
from invoking it at any time during the process, regardless of whether he
may have answered some questions or volunteered some statements. - Any evidence obtained in violation of this or the preceding section
shall be inadmissible for any purpose in any proceeding.
(11) He must be informed that any statement or evidence, as the case may be,
obtained in violation of any of the foregoing, inculpatory or exculpatory, in
whole or in part, shall be inadmissible.
Inviolability

- Exclusionary Rule: Confession/Admission obtained in violation of - Exceptions:

Section 12 and 17, Article III of the Constitution shall be
inadmissible in evidence. (1) Lawful order of the court;

- Confession: declaration made voluntarily and without compulsion or (2) Public safety or order requires otherwise, as may be provided by
inducement by a person acknowledging that he has committed or law.
participated in the commission of a crime.
- Includes tangible and intangible objects.
- Any allegation of force, duress, undue influence or other forms of
involuntariness in exacting such confession must be proved y clear, - RA 4200: illegal for any person not authorized by all the parties to any
convincing and competent evidence by the defense. Otherwise, the private communication, to secretly record such communications by
confession’s full probative value may be used to demonstrate the means of a tape recorder. Telephone extension was not among the
guilt of the accused. devices covered by this law.
- Fruit of the Poisonous Tree: (Justice Frankfurter: Nardone vs. US)
Freedom of Expression
Once the primary source is shown to have been unlawfully obtained,
any secondary or derivative evidence derived from it is also - No law shall be passed abridging the freedom of speech, of expression
inadmissible. nor of the press, or the right of the people peaceably to assemble
and petition the government for redress of grievances.
Basis: evidence illegally obtained by the State should not be used to
gain other evidence. - Scope: Any and all modes of expression.
 POLITICAL LAW MIDTERMS REVIEWER 2016 22

ASPECTS: - Overbreadth Doctrine: prohibits government from achieving its

purpose by “means that sweep unnecessarily broadly, reaching
(1) Freedom from censorship or prior restraint constitutionally protected as well as unprotected activity.”
- Need not be total suppression, even restriction of circulation
constitutes censorship. (2) Freedom from subsequent punishment

- Section 11 (b), RA 66461: legitimate exercise of the police power of - Without this assurance, the individual would hesitate to speak for fear
the State to regulate media or communication and information for that he might be held accountable for his speech, or that he might
the purpose of ensuring equal opportunity, time and space for be provoking the vengeance of the officials he may have criticized.
political campaigns. Unrelated to suppression of speech as it is only
incidental and no more than is necessary to achieve the purpose of - Not absolute and may be properly regulated in the interest of the
achieving the purpose of promoting equality. public.
- Movie censorship: movie, compared to other media of expression, State may validly impose penal and/or administrative sanctions,
have a greater capacity for evil and must, therefore, be subjected to such as:
a greater degree of regulation.
1. Libel
- Power of MTRCB can be exercised only for purposes of “classification”
not censorship. - Public and malicious imputation of a crime, or of a vice or defect,
real or imaginary, or any act, omission, condition, status or
- Primacy of freedom of expression over Enrile’s “right to privacy” circumstance tending to cause the dishonor, discredit or contempt
because Enrile was a “public figure” and a public figure’s right to of a natural or juridical person, or to blacken the memory of one
privacy is narrower than that of an ordinary citizen. (Ayer who is dead.
Productions vs. Judge Capulong)
- Oral defamation is called slander.
- Board of Review for Motion Pictures and Television (BRMPT)
- Every defamatory imputation is presumed to be malicious.
“X-rating” when the program would create a clear and present
danger of an evil which the State has the right to prevent. Exceptions:
(Inglesi ni Cristo vs. CA) 1. a private communication made by any person to another in the
performance of any legal, moral or social duty; and
- Prohibited any person making use of the media to sell or to give free
of charge print space or air time for campaign or other political 2. fair and true report, made in good faith, without any comments or
purposes except to the COMELEC. remarks, of any judicial, legislative or other official proceedings which
are not of a confidential nature, or of any statement, report or speech
- No law prohibiting the holding and reporting of exit poll. (ABS-CBN delivered in said proceedings, or of any act performed by public
Broadcasting Corporation vs. COMELEC) officers in the exercise if their functions.

Test for the validity of government regulation, valid if: - Public has the right to be informed on the mental, moral and
(O’Brien Test): physical fitness of candidates for public officer. The rule applies
only to fair comments on matters of public interest, fair comment
1. within the constitutional power of government; being that which is true, or if false, expresses the real opinion of
the author based upon reasonable degree of care and on
2. furthers an important or substantial government interest;
reasonable grounds.
3. government interest is unrelated to the suppression of free
2. Obscenity
expression; and
- Determination of what is obscene is a judicial function.
4. incidental restriction on the freedom is no greater than is essential to
the furtherance of that interest. 3. Criticism of official conduct
- US vs. Bustos: individual is given the widest latitude in criticism of
official conduct.
 POLITICAL LAW MIDTERMS REVIEWER 2016 23

- Publication that tends to impede, embarrass or obstruct the court - Sufficient if the natural tendency and the probable effect of the
and constitutes a clear and present danger to the administration utterance were to bring about the substantive evil that the
of justice is not protected by the guarantee of press freedom and legislative body seeks to prevent.
punishable by contempt. It is not necessary to show that the
(3) Balancing of Interests Test
publication actually obstructs the administration of justice; it is
enough that it tends to do so. - When particular conduct is regulated in the interest of public order,
and the regulation results in an indirect, conditional or partial
- Freedom of press is subordinate to the decision, authority, integrity
abridgment of speech, the duty of the courts is to determine
and independence of the judiciary and the proper administration
which of the two conflicting interests demands the greater
of justice.
protection under the particular circumstances presented.
4. Right of students to free speech in school premises not
- Requires a court to take conscious and detailed consideration of the
absolute
interplay of interests observable in a given situation.
- Campus Journalism Act provides that a student shall not be
expelled or suspended solely on the basis of articles he or she has ASSEMBLY AND PETITION
written, the same should not infringe on the school’s right to
discipline its students. - Right to assemble is not subject to prior restraint.

- The school cannot suspend or expel a student solely on the basis of - It may not be conditioned upon prior issuance of a permit or
the articles he or she has written, except when such article authorization from government authorities.
materially disrupts class work or involves substantial disorder or
invasion of rights of others. - It must be exercised in such a way as will not prejudice the public
welfare.
TEST OF VALID GOVERNMENT INTERFERENCE
- PUBLIC PLACE: permit for the use of such place, and not for the
(1) Clear and Present Danger Rule
assembly itself, may be validly required. The power of local officials
- Whether the words are used in such circumstances and of such is merely one of regulation.
nature as to create a clear and present danger that they will bring
about the substantive evils that the State has the right to - Permit to hold public assembly shall not be necessary where the
prevent. meeting is to be held in a PRIVATE PLACE.
- The substantive evil must be extremely serious and the degree of Public Assembly Act: a permit shall not be necessary where the
imminence extremely high before utterances can be punished.
meeting is to be held in a private place, in the campus of the
- Rule: the danger created must not only be clear and present but government-owned or –operated educational institution, or in a
also traceable to the ideas expressed. freedom park.
- “clear”: seems to point to a causal connection with the danger of Where permit is required, written application shall be filed with the
the substantive evil arising from the utterance questioned mayor’s office at least 5 days before the scheduled meeting and shall
- “present” refers to the time element, identified with imminent and be acted upon within 2 days. Otherwise, permit shall be deemed
immediate danger granted.
- The danger must not only be probable, but very likely inevitable. Denial shall be justified only upon clear and convincing evidence that
(2) Dangerous Tendency Rule the public assembly will create a clear and present danger to public
order, safety, convenience, morals and health.
- Words uttered create a dangerous tendency of an evil which the
State has the right to prevent, then such words are punishable. Action shall be communicated within 24 hours to the applicant… may
appeal to appropriate courts.

Decision must be reached within 24 hours.

 POLITICAL LAW MIDTERMS REVIEWER 2016 24

The law permits law enforcement agencies to detail a contingent Scope:

under a responsible officer at least 100 meters away from the
1. State cannot set up a Church
assembly in case it becomes necessary to maintain order.
2. nor pass laws which aid one religion, aid all religion or prefer one
- Academic freedom of institutions of higher learning cannot be utilized
over another;
to discriminate against those who exercise their constitutional rights.
3. nor force nor influence a person to go to or remain away from church
- Right to free assembly and petition prevails over economic rights.
against his will;
- Education of the youth occupies a preferred position over the freedom
4. or force him to profess a belief or disbelief in any religion.
of assembly and petition.
- The term “Non-Christian tribes” does not refer to religious belief but to
Tests priorly applied by the court:
degree of civilization. (People vs. Cayat)
1) purpose test
2) auspice test - Laws, e.g. Article 133 of the RPC, do not violate freedom of religion.
- Freedom of religion is accorded preferred status, designed to protect
FREEDOM OF RELIGION
the broadest possible liberty of conscience, to allow each man to
- No law shall be made respecting an establishment of religion or believe as his conscience directs, to profess his beliefs and to live as
prohibiting the free exercise thereof. he believes he ought to live, consistent with liberty of others and
with the common good.
- The free exercise and enjoyment of religious profession and worship,
without discrimination or preference, shall forever be allowed. No Intramural religious disputes:
religious test shall be required for the exercise of civil or political Where a civil right depends upon some matter pertaining to
rights. ecclesiastical affairs, the civil tribunal tries the civil right and nothing
2 guarantees: more.
1) non-establishment clause “Ecclesiastical Affair” is one that concerns doctrine, creed, or forum of
2) freedom of religious profession and worship worship of the church, or the adoption and enforcement within a
Non-establishment clause: separation of Church and State religious association of needful laws and regulations for the
government of the membership, and the power of excluding from
1. cannot be registered as a political party; such associations those deemed unworthy of membership.
2. no sectoral representative from the religious sector; and It is not for the Court to exercise control over Church authorities in
3. prohibition against the use of public money or property for the the performance of their discretionary and official functions; it is for
benefit of any religion, or of any priest, minister or ecclesiastic. the members of religious institutions/organizations to conform to just
church regulations.
- Exceptions:
Free Exercise Clause
1. exception from taxation of properties actually, directly and
exclusively used for religious purposes; Aspects of freedom of religious profession and worship:

2. citizenship requirement of ownership of educational institutions, 1. right to believe, which is absolute

except those established by religious groups and mission boards; 2. right to act according to one’s belief, which is subject to regulation.
3. optional religious instruction in public elementary and high schools Constitutional guarantee of free exercise pf religious profession and
expressed in writing by the parents/guardians, taught within worship carries with it the right to disseminate religious information,
regular class hours; and without additional costs on the and any restraint of such right can be justified only on the ground
Government; and that there is a clear and present danger of an evil which the State
4. appropriation allowed where the minister or ecclesiastic is has the right to prevent.
employed in the armed forces, penal institution or in the
government-owned orphanage or leprosarium.
 POLITICAL LAW MIDTERMS REVIEWER 2016 25

The compelling State interest test: Rubi vs. Provincial Board of Mindoro: requiring some members of the
non-Christian tribes to reside only within a reservation, valid… to
Estrada vs. Escritor (administratively charged with immorality for
promote their better education, advancement and protection.
living with a married man, not her husband; conjugal arrangement
was in conformity with their religious beliefs) Universal Declaration of Human Rights: everyone has the right to
leave any country, including his own and to return to his country.
“Benevolent Neutrality” recognizes that government must pursue its
secular goals and interests, but at the same time, strive to uphold Covenant on Civil and Political Rights: no one shall be arbitrarily
religious liberty to the greatest extent possible within flexible deprived of the right to enter his own country.
constitutional limits.
2) On right to travel: national security, public safety or public
Thus, although the morality contemplated by laws is secular, health, as may be provided by law
benevolent neutrality could allow for accommodation of morality
- Lawful order of the court is a valid restriction.
based on religion, provided it does not offend compelling state
interest. - Court may validly refuse to grant the accused permission to travel
abroad, even if the accused in out on bail. (Manotoc vs. CA)
2 STEPS:
- Liberty of travel may be impaired even without court order, the
1) Whether respondent’s right to religious freedom has been burdened;
appropriate executive officers or administrative authorities are not
2) Ascertain respondent’s sincerity in his beliefs. armed with arbitrary discretion to impose limitations.
- State regulations imposed on solicitations for religious purposes do not Principles:
constitute an abridgment of freedom of religion; but are NOT
1) The Hold-departure Order is but an exercise of the court’s inherent
covered by PD 1564 (Solicitation Permit Law) which required prior
power to preserve and maintain the effectiveness of its jurisdiction
permit from DSWD in solicitations for charitable or public welfare
over the case and over the person of the accused;
purposes;
2) By posting bail, the accused holds himself amenable at all times to
- Free exercise clause does not prohibit imposing a generally applicable
the orders and processes of the court, thus, she may be legally
sales and use tax on the sale of religious materials by a religious
prohibited from leaving the country during the pendency of the case;
organization. Resulting burden is so incidental as to make it difficult
and
to differentiate it from any other economic imposition that might
make the right to disseminate religious doctrines costly. 3) Parties with pending cases should apply for permission to leave the
country from the very same courts which, in the first instance, are in
LIBERTY OF ABODE AND OF TRAVEL the best position to pass upon such applications and to impose
- The liberty of abode and of changing the same within the limits appropriate conditions therefore, since they are conversant with the
prescribed by law shall not be impaired except upon lawful order of facts of the cases and the ramifications or implications thereof.
the court. - The persons right to travel is subject to the usual constraints imposed
- Neither shall the right to travel be impaired except in the interest of by the very necessity of safeguarding the system of justice. Whether
national security, public safety or public health, as may be provided the accused should be permitted to leave the country for
by law. humanitarian reasons is a matter addressed to the court’s discretion.

- Limitations: RIGHT TO INFORMATION

1) On liberty of abode: lawful order of the court - Right of the people to information on matters of public concern shall
be recognized.
Caunca vs. Salazar: maid has the right to transfer to another
residence even if she had not yet paid the amount advanced for her - Access to official records and to documents and papers pertaining to
transportation from the province by an employment agency; official acts, transactions pr 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.
 POLITICAL LAW MIDTERMS REVIEWER 2016 26

- Scope of the Right: right to information contemplates inclusion of - The right of the sovereign to prohibit strikes or work stoppages by
negotiations leading to consummation of the transactions. public employees is clearly recognized at common law. Modern rule
merely incorporate or reasserts said common law.
The right only affords access, which means the opportunity to inspect
and copy them at his expense. - Right is not absolute.
Subject to regulations: to protect integrity of public records and to Anti-Subversion Act
minimize disruption of government operations.
Managerial employees: receive information that is not only
Exceptions: confidential but also generally not available to the public.
1) Privileged communications rooted in separation of powers NON-IMPAIRMENT CLAUSE
2) Information on military and diplomatic secrets - No law impairing the obligation of contracts shall be passed.
3) Information affecting national security - To fall within the prohibition, the change must not only impair the
4) Information on investigations of crimes by law enforcement obligation of the existing contract, but the impairment must be
agencies before the prosecution of the accused. substantial.

- Need for publication of law reinforces this right. - Change in the rights of the parties with reference to each other and
not with respect to non-parties.
- The manner of examining public records may be subject to reasonable
regulation by the government agency in custody. - Impairment: anything that diminishes the efficacy of the contract

- The duty to disclose the information of public concern, and to afford - Substantial impairment when the law changes either
access to public records cannot be discretionary on the part of said 1) Time of performance
agencies. Its performance may be compelled by mandamus.
2) Mode of performance
- In Re: Request for Live Radio-TV Coverage of the Trial in the SB of the
Plunder Case against Former Pres. Joseph Ejercito Estrada, Secretary 3) Imposes new conditions
of Justice Hernando Perez vs. Joseph Ejercito Estrada: when the 4) Dispenses with those expressed
constitutional guarantees of freedom of the press and the right to
public information, on the one hand, and the fundamental rights of 5) Authorizes for its satisfaction something different from that
the accused, on the other hand, along with the constitutional power provided in its terms
of a court to control its proceedings in ensuring a fair and impartial
- Limitations:
trial race against another, jurisprudence tells us that the right of the
accused must be preferred (losing not only his liberty but also the 1) Police power – public welfare is superior to private rights
very life of an accused).
2) Eminent domain
RIGHT TO FORM ASSOCIATIONS
3) Taxation
- The right of the people, including those employed in the public and - Franchises, privileges, licenses, etc do not come within the context of
private sectors, to form unions, associations or societies for purposes the provision
not contrary to law shall not be abridged.
Subject to amendment alteration, or repeal by the Congress when
- Scope: includes the right not to join or to disaffiliate from one. common good so requires.
- Right to Strike: members of the civil service may not declare a strike
FREE ACCESS TO COURTS
to enforce economic demands.
- Free access to the courts and quasi-judicial bodies and adequate legal
- The ability to strike is not essential to the right of association.
assistance shall not be denied to any person by reason of poverty.
- Social justice provision providing for pauper suits.
 POLITICAL LAW MIDTERMS REVIEWER 2016 27

SIMON VS COMMISSION ON HUMAN RIGHTS RUBI vs. PROVINCIAL BOARD OF MINDORO

The Commission on Human Rights . . . was not meant by the The legislature is permitted to delegate legislative powers to the
fundamental law to be another court or quasi-judicial agency in this local authorities on matters that are of purely local concerns.
country, or duplicate much less take over the functions of the latter.
BAPTISTA vs. VILLANUEVA
ERMITA - MALATE HOTEL & MOTEL OPERATORS ASSOCIATION VS CITY
The essence of due process is simply to be heard, or as applied to
OF MANILA
administrative proceedings, an opportunity to explain one's side, or an
The local legislative body, by enacting the ordinance, has in effect given opportunity to seek a reconsideration of the action or ruling complained
notice that the regulations are essential to the well being of the people of.
x x x . The Judiciary should not lightly set aside legislative action when
ORQUIOLA vs. TANDANG SORA DEVELOPMENT CORPORATION
there is not a clear invasion of personal or property rights under the
guise of police regulation. No man shall be affected by any proceeding to which he is a
stranger, and strangers to a case are not bound by any judgment
PICHAY VS OFFICE OF DEPUTY EXECUTIVE SECRETARY
rendered by the court.
The equal protection of the law clause is against undue favor and
PANGILINAN vs. BALATBAT
individual or class privilege, as well as hostile discrimination or the
oppression of inequality. It is not intended to prohibit legislation which The essence of due process is simply an opportunity to be heard. Such
is limited either in the object to which it is directed or by territory within process requires notice and an opportunity to be heard before
which it is to operate. It does not demand absolute equality among judgment is rendered.
residents; it merely requires that all persons shall be treated alike,
under like circumstances and conditions both as to privileges conferred JAVIER V. COMELEC
and liabilities enforced. The equal protection clause is not infringed by The relationship of the judge with one of the parties may color the facts
legislation which applies only to those persons falling within a specified and distort the law to the prejudice of a just decision. Where this is
class, if it applies alike to all persons within such class, and reasonable probable or even only possible, due process demands that the judge
grounds exist for making a distinction between those who fall within inhibit himself, if only out of a sense of delicadeza.
such class and those who do not.
GALMAN V. SANDIGANBAYAN
WHITE LIGHT CORPORATION ET. AL. VS CITY OF MANILA
No court whose Presiding Justice has received "orders or suggestions"
The rights at stake herein fell within the same fundamental rights to from the very President who by an amendatory decree made it possible
liberty. Liberty as guaranteed by the Constitution was defined by to refer the cases to the Sandiganbayan, can be an impartial court,
Justice Malcolm to include ―the right to exist and the right to be free which is the very essence of due process of law.
from arbitrary restraint or servitude. The term cannot be dwarfed into
mere freedom from physical restraint of the person of the citizen, but is Legal jeopardy attaches only
deemed to embrace the right of man to enjoy the facilities with which a) upon a valid indictment,
he has been endowed by his Creator, subject only to such restraint as b) before a competent court,
are necessary for the common welfare. c) after arraignment,
d) a valid plea having been entered; and
SILAHIS INTERNATIONAL HOTEL INC VS SOLUTA e) the case was dismissed or otherwise terminated without the
While it is doctrinal that the right against unreasonable searches express consent of the accused.
and seizures is a personal right which may be waived expressly PEOPLE V. CASTILLO
or impliedly, a waiver by implication cannot be presumed. There
must be clear and convincing evidence of an actual intention to relinquish it to Jurisprudence teaches that allegations of bias on the part of the
constitute a waiver thereof. There must be proof of the following: (a) that the trial court should be received with caution, especially when the queries
right exists; (b) that the person involved had knowledge, either actual or by the judge did not prejudice the accused. The propriety of a judge's
constructive, of the existence of such right; and, (c) that the said person had an queries is determined not necessarily by their quantity but by their
actual intention to relinquish the right. In other words, the waiver must be quality and, in any event, by the test of whether the defendant was
voluntarily, knowingly and intelligently made.
prejudiced by such questioning.
 POLITICAL LAW MIDTERMS REVIEWER 2016 28

HEIRS OF BUGARIN V. REPUBLIC PEOPLE VS BARAOIL

Essence of Due process is right to be heard. Due process is satisfied The law presumes that an accused in a criminal prosecution is
when the parties are afforded a fair and reasonable opportunity to innocent until the contrary is proven. This basic constitutional
explain their respective sides of the controversy. Thus, when the party principle is fleshed out by procedural rules which place on the
seeking due process was in fact given several opportunities to be heard prosecution the burden of proving that an accused is guilty of the
and air his side, but it is by his own fault or choice he squanders these offense charged by proof beyond reasonable doubt. Whether the degree
chances, then his cry for due process must fail. of proof has been met is largely left to the trial courts to determine.
AGUILAR V. O'PALLICK SY VS ANDOK’S LITSON CORPORATION
The principle that a person cannot be prejudiced by a ruling rendered in The essence of due process is to be found in the reasonable opportunity
an action or proceeding in which he was not made a party conforms to to be heard and to submit any evidence one may have in support of
the constitutional guarantee of due process of law. one's defense. Where the opportunity to be heard, either through
verbal arguments or pleadings, is accorded, and the party can
CARAS Y SOLITARIO V. COURT OF APPEALS
present its side or defend its interest in due course, there is no
The absence of a notice of dishonor necessarily deprives an accused denial of procedural due process.
an opportunity to preclude a criminal prosecution. Accordingly,
ALMARIO VS THE EXECUTIVE SECRETARY
procedural due process clearly enjoins that a notice of dishonor be
actually served on petitioner. Petitioner has a right to demand — and As to the Constitutional right of persons to equal protection, it is the
the basic postulates of fairness require — that the notice of dishonor be constitutional duty of the President to faithfully execute the laws and
actually sent to and received by her to afford her the opportunity to observe the rules, guidelines and policies as to the selection of the
avert prosecution under B.P. Blg. 22. nominees for conferment of the Order of National Artists. This duty
proscribed her from having a free and uninhibited hand in the
COSCOLLUELA V. SANDIGANBAYAN
conferment of the said award.
Akin to the right to speedy trial, its "salutary objective" is to assure
ROQUE VS OMBUDSMAN
that an innocent person may be free from the anxiety and expense of
litigation or, if otherwise, of having his guilt determined within the The long and unexplained delay in the resolution of the criminal
shortest possible time compatible with the presentation and complaints against petitioners was not corrected by the eventual filing
consideration of whatsoever legitimate defense he may interpose. of the Informations. The Court ruled that ‗the inordinate delay in
terminating the preliminary investigation and filing the
ZALDIVAR V. SANDIGANBAYAN
information in the instant case is violative of the constitutionally
Tanodbayan (called Special Prosecutor under the 1987 Constitution and who is guaranteed right of the petitioner to due process and the speedy
supposed to retain powers and duties NOT GIVEN to the Ombudsman) is clearly disposition of cases against him. Accordingly, the informations
without authority to conduct preliminary investigations and to direct the should be dismissed.‘
filing of criminal cases with the Sandiganbayan, except upon orders of
CONFERENCE OF MARITIME MANNING AGENCIES VS. POEA
the Ombudsman.
It is an established principle of constitutional law that the guaranty of
VILLARUEL VS FERNANDO
equal protection of the laws is not violated by legislation based on
Due process, in essence, is simply an opportunity to be heard and this reasonable classification. And for the classification to be reasonable, it
opportunity was not denied petitioner. Throughout the proceedings in (1) must rest on substantial distinctions; (2) must be germane to the
the trial court as well as in the Court of Appeals, petitioner had the purpose of the law; (3) must not be limited to existing conditions only;
opportunity to present his side but he failed to do so. Clearly, and (4) must apply equally to all members of the same class. There can
petitioner's former counsel, the OSG, was negligent. This be no dispute about the dissimilarities between land-based and sea-
negligence, however, binds petitioner. The trial and appellate based Filipino overseas workers in terms of, among other things, work
courts correctly ruled that the negligence of the OSG could not relieve environment, safety, dangers and risks to life and limb, and accessibility
petitioner of the effects such negligence and prevent the decision of the to social, civic, and spiritual activities.
trial court from becoming final and executory.
 POLITICAL LAW MIDTERMS REVIEWER 2016 29

ANG TIBAY VS. COURT OF INDUSTRIAL RELATIONS PEOPLE vs. BELOCURA

There are cardinal primary rights which must be respected even The rule that there must first be a warrant of arrest and search
in proceedings of this character. The first of these rights is the right warrant is not absolute.
to a hearing, which includes the right of the party interested or affected
GAMBOA vs. CHAN
to present his own case and submit evidence in support thereof. Not
only must the party be given an opportunity to present his case and to The right to privacy is not absolute where there is an overriding
adduce evidence tending to establish the rights which he asserts but the compelling state interest.
tribunal must consider the evidence presented. While the duty to
deliberate does not impose the obligation to decide right, it does imply a NOLASCO vs. PANO
necessity which cannot be disregarded, namely, that of having Search warrants which are too general are void for being violative of the
something to support its decision. Not only must there be some Constitutional mandate provided under Sec. 3, Art 4 of the Constitution.
evidence to support a finding or conclusion, but the evidence must be
substantial. The decision must be rendered on the evidence presented The rule that articles seized under an invalid search warrant should be
at the hearing, or at least contained in the record and disclosed to the returned is not absolute and admits of certain exceptions.
parties affected. The Court of Industrial Relations or any of its judges, GARCIA vs. EXECUTIVE SECREATARY
therefore, must act on its or his own independent consideration of the
law and facts of the controversy, and not simply accept the views of a The equal protection clause guaranteed under the Constitution extends
subordinate in arriving at a decision. The Court of Industrial Relations to the class of those who have been convicted by any court.
should, in all controversial questions, render its decision in such a PEOPLE VS. CA
manner that the parties to the proceeding can know the various issues
involved, and the reasons for the decisions rendered. The performance The CA’s findings can no longer be reversed, disturbed and set aside
of this duty is inseparable from the authority conferred upon it. without violating the rule against double jeopardy.
DUMLAO VS. COMELEC DR. ERNESTO I. MAQUILING, vs. PHILIPPINE TUBERCULOSIS SOCIETY,
INC. (PTS)
In fine, it bears reiteration that the equal protection clause does not
forbid all legal classification. What is proscribes is a classification The twin requirements of notice and hearing constitute elements of due
which is arbitrary and unreasonable. That constitutional guarantee is process in cases of employee‘s dismissal; the requirement of notice is
not violated by a reasonable classification based upon substantial intended to inform the employee concerned of the employer‘s intent to
distinctions, where the classification is germane to the purpose of the dismiss and the reason for the proposed dismissal; upon the other hand
law and applies to all Chose belonging to the same class. the requirement of hearing affords the employee an opportunity to
answer his employer‘s charges against him and accordingly to defend
PEOPLE VS. JALOSJOS himself therefrom before dismissal is effected.
We, therefore, find that election to the position of Congressman is US VS. BUSTOS
not a reasonable classification in criminal law enforcement. The
functions and duties of the office are not substantial distinctions which It is a duty which everyone owes to society or to the State to assist in
lift him from the class of prisoners interrupted in their freedom and the investigation of any alleged misconduct. It is further the duty of all
restricted in liberty of movement. Lawful arrest and confinement are who know of any official dereliction on the part of a magistrate or the
germane to the purposes of the law and apply to all those belonging to wrongful act of any public officer to bring the facts to the notice of those
the same class. whose duty it is to inquire into and punish them. The right to assemble
and petition is the necessary consequence of republican institutions and
STONEHILL vs. DIOKNO the complement of the part of free speech. Assembly means a right on
The legality of a seizure can be contested only by the party the part of citizens to meet peaceably for consultation in respect to
whose rights have been impaired thereby |and that the objection to public affairs. Petition means that any person or group of persons can
an unlawful search and seizure is purely personal and cannot be availed apply, without fear of penalty, to the appropriate branch or office of the
of by third parties. government for a redress of grievances. The persons assembling and
petitioning must, of course, assume responsibility for the charges made.
 POLITICAL LAW MIDTERMS REVIEWER 2016 30

All persons have an interest in the pure and efficient administration of

justice and of public affairs.
Completely liberty to comment on the conduct of public men is a scalpel
in the case of free speech. The sharp incision of its probe relieves the
abscesses of officialdom. Men in public life may suffer under a
hostile and an unjust accusation; the wound can be assuaged
with the balm of a clear conscience. A public officer must not be too
thin-skinned with reference to comment upon his official acts. Only thus
can the intelligence and the dignity of the individual be exalted. Of
course, criticism does not authorize defamation. Nevertheless, as the
individual is less than the State, so must expected criticism be born for
the common good. Rising superior to any official or set of officials, to
the Chief of Executive, to the Legislature, to the Judiciary — to any or
all the agencies of Government — public opinion should be the constant
source of liberty and democracy.
RODEL LUZ y ONG, vs. PEOPLE
The United States (U.S.) Supreme Court also discussed in Berkemer v.
McCarty at length whether the roadside questioning of a motorist
detained pursuant to a routine traffic stop should be considered
custodial interrogation. The Court held that, such questioning does not
fall under custodial interrogation, nor can it be considered a formal
arrest, by virtue of the nature of the questioning, the expectations of
the motorist and the officer, and the length of time the procedure is
conducted. Since the motorist therein was only subjected to modest
questions while still at the scene of the traffic stop, he was not at that
moment placed under custody (such that he should have been apprised
of his Miranda rights), and neither can treatment of this sort be fairly
characterized as the functional equivalent of a formal arrest.