Consti 2

Qualities of the Written Constitution: BROAD,

Chapter 1. CONSTITUTIONAL Law BRIEF & DEFINITE
is the study of the maintenance of ●​ Broad - not only because it provides for the
organization of the entire government and
the proper balance between covers al person and things within the
authority as represented by the 3 territory of the Sovereign but because it
inherent Power of the State, and embodies the past, present and future.
●​ Brief - and confine it self to basic principles
liberty as guaranteed by the Bill of to be implemented with legislative details
rights. more adjustable to change and easier to
ammen
The powers and rights counter checks but not ●​ Definite -clear or lest ambiguity in its
necessarily hostile to each other: CO- existence. provision result in confusion and
divisiveness among the people
Essential Parts of the Written Constitution (L - G
- S)
Chapter 2 - Nature of Constitution
●​ Constitution of Liberty (Civil & political, Art
Constitution: body of rules and maxims in 3,2,4,5 and 7)
accordance with which the powers of sovereignty are ●​ Constitution of Government (Organization of
habitually exercised.(cooley) Government Art 6-9)
●​ COnstitution of Sovereignty (Mode of
Purpose: Procedure, Art 12)
●​ To prescribe the framework of the
Government Interpretation: should be read in accordance with
●​ To assign to several departments their the rules of interpretation and construction.Should
respective powers and duties be interpreted in such a way as to give effect to
●​ To establish certain principles on which the the intendment of the framers. It should be
government is founded. progressive
Permanence: A Consti must be firm and immovable
Supremacy. Constitution is the basic and like a mountain amidst the raging of water. Such Consti i
paramount law which all other laws must conform to snot likely to be easily tampered with to suit political
and to which expediency, personal ambitions or ill advised agitation for
all persons including the highest officials of the land a change.
must defer. The constitution must ever be remain
supreme 2 steps in the amendment or revision of our
Constitution:ART 17
Amendment is isolated and piecemeal change(part
Classification. (WRITTEN, ENACTED &
has been change) whereas Revision is the whole
RIGID) 1.​ Proposal
●​ Written or unwritten -embodied in 1 ●​ Constituent Assembly (vote of ¾ of
document or set of documents Congress)
●​ Evolved or Enacted -formally “struck ●​ Constitutional Convention (call by 2/3 vote
off”/enacted at a definitely time and place of Congress, or thrown to people by
●​ Rigid or Flexible majority vote of Congress)
1987 Constitution: Written, Enacted/Conventional
and Rigid
 ●​ People's Initiative [Amendment only] (12% cases under Rules of Court are required to be heard
of registered voters with 3% of registered en banc including:
voters in each legislative district) 1.​ Constitutionality of a treaty
2.​ Ratification (majority of the votes cast in 2.​ President’s Decree
the plebiscite; 60-90 days) 3.​ Proclamations and Orders
4.​ Instructions or Ordinances and other
When in doubt, should be consider self executing regulations
Self Executing VS Non-Self Executing Doctrine of Purposeful Hesitation
●​ Self executing is a rule that by itself is - symbolic function of the court
directly or indirectly applicable without the - the court would not decide on matters which are
need of a stature considered political questions
Ex: Art 3 Sec 2 Judged are empowered
but the COnsti to make preliminary Requisites of Judicial Inquiry: [A-P-E-N]
investigation 1.​ ACTUAL CASE - there must be an actual
●​ Non-Self Executing is one that remains case or controversy.
dormant unless it is activated by legislative ●​ Actual case- conflict of legal rights, an
implementation. Or thru passage of laws. assertion of opposite legal claims
Ex: Art 2, political dynasty. Legislator need susceptible of judicial adjudication. Cannot
to pass a law disallowing political dynasty be a hypothetical or abstract character.
●​ CASES: PACU Vs Secretary of
Judicial Review of Amendments education MultiMedia- The SC declare
The amending process, both as to proposal and that the case was premature as there was
ratification, raises a judicial question (CASES no showing at time if any conflict of legal
Sanidad vs COMELEC) rights that would justify assumption of
jurisdiction by the judiciary
Doctrine of Proper Submission 2.PROPER PARTY - the question of
Amendments cannot be submitteed to the people constitutionality must be raised by the proper party
in a piecemeal fashion wherein the other ●​ Proper party – one who has sustained or is
amendments are to follow. The people should in immediate danger of sustaining an injury
have a frame of reference from which to read the as a result of the act complained of
amendments being proposed. CASES(Tolentino ●​ CASES: People Vs Vera - SC held tha
vs COMELEC) Phil Governtment is the proper party to
challeng the constitutionality of the
Past Constitutions Probation Act because the Govt should
1.​ Commonwealth Constitution be concerned over the validity of its
2.​ 1973 Constitution own laws.
3.​ Freedom Constitution ●​ CASES: Topacio VS Ong - For a qou
4.​ 1987 Constitution - February 2 warranto petition to be successful,
theprivate person must show a clear right
to teh contested office.
●​ For a taxpayer suit to prosper : 1. Public
funds are derived from taxation are
Chapter 3 - Constitution and the disburse by political subdivision 2.
Courts Petitioner is directly affected by the alleged
act
Art 8 Sec 4: All cases involving constitutionality of a
●​ Ground for Transcendental Importance -
treaty, international or executive agreement or law,
○​ character of the funds or asset
shall be heard by the SC en banc and all other
involved
 ○​ Presence of the clear case of ●​ ORTHODOX VIEW – an unconstitutional
disregard of constitutionality act is not a law; it confers no rights,
○​ Lack of any party with a more direct imposes no duties, and affords no
and specific interest in raising the protection, creates no office, it is in legal
questions being raised contemplation, inoperative, as if it has not
3.EARLIEST POSSIBLE OPPORTUNITY - the been passed
constitutional question must be raised at the earliest ●​ MODERN VIEW [OPERATIVE FACT
possible opportunity DOCTRINE] – the court does not annul or
●​ what is not alleged cannot be proven repeal the statute it finds in conflict with the
●​ if question is not raised in the pleadings, it Constitution; it simply refuses to recognize
could not be raised at the trial, except: it; the decision affects the parties only and
○​ in criminal case – can be raised any time in there is no judgment against the statue; the
the discretion of court
actual existence of the statute prior to its
○​ in civil case - can be raised at any stage if
necessary to the determination of the case
declaration of unconstitutionality was an
○​ in every case (except when there is operative fact and might have
estoppel) consequences which could not justly be
○​ - can be raised at any stage if it involves ignored <more realistic approach
jurisdiction of the court
CASES:
○​
4.​ NECESSITY OF DECIDING 1.​ Read Topacio Vs Ong
CONSTITUTIONAL QUESTION - the decision of the 2.​ Planters Product Inc Vs Fertiphil - the
constitutional question must be necessary to the general rule is that an unconstitutional law
determination of the case itself is void. It produces no right, imposes no
●​ as long as there is some other basis that duties ans affords no protection. It has no
can be used by the courts for its decision, legal effect
the constitutionality of the challenged law 3.​ Chavez vs Judicial and Bar Council -
will not be touched and the case will be having 2 representatives from Congress is
decided on other available grounds unconstitutional. Case is about the
●​ For the court to excercise its power of COngress wanting to have 2
judicial review,the constitutional issue representative, 1 from Senate and 1 from
○​ Must be properly raised and the lower house in JBC
presented in the case
○​ Its resolution is necessary to a Partial Unconstitutionality, when valid (2
determination of the case conditions):
○​ CASES: ABSCBN Vs Phil ●​ the legislature is willing to retain the valid
MultiMedia: Court likewise decline portions even if the rest of the statute is
to rule on the constitutionality of the declared illegal; and(Separability Clause)
memorandum. Court states that If ●​ the valid portions can stand independently
at all, the relevance of the said as a separate statute
memorandum, wa sweater or not
the compliance with the same
should be considered as Chapter 4. The Fundamental
manifestation of its lack of intent to
commit infringement Powers of the State
●​ Police Power
Effects of Declaration of Unconstitutionality, 2 ●​ Power of Eminent Domain
views: ●​ Power of Taxation
Similarities: ●​ Dynamic, not static and must move with
●​ they are inherent in the State (may be the moving society it is supposed to
exercised by it without need of express regulate.
constitutional grant) ●​ Follows:
●​ they are necessary and indispensable (The ○​ Salus Populi est Suprema Lex
state cannot continue or be effective unless (SPSL) - welfare of the people is
it is able to exercise them) the supreme law
●​ they are methods by which the State ○​ Sic Utere Tuo ut Alienum Non
interferes with private rights Leadas (SUT-ANL) - the
●​ they presuppose an equivalent subordination of individual
compensation benefit to the interests of the
●​ they are exercised primarily by the greater number
legislature ●​ CASES: Stone vs Mississippi ‘Legislature
cannot bargain away the police power of a
State. Irrevocable grants of property and
DIFFERENCE POLICE EMINENT TAXATION(P) franchises may be made if they do not
S POWER (LP) DOMAIN(P) impair the supreme authority to make laws
As to regulation regulates both regulates regulates for the right government of the state
liberty and property rights property rights
●​ CASES: Inchong vs Hernandez
property only only
●​ CASES: Bayanmuna vs Romulo ”a ratified
As to who may only the government only the
exercise government and some government
treaty, unlike executive agreement takes
private entities precedence over any prior statutory
As to the destroyed -wholesome -wholesome enactment”
property taken because it is -taken for a -taken for a ●​ CASES: Whitelight vs City of
noxious or public use or public use or Manila-regulation of dance halls, movie
intended for purpose purpose
noxious theaters and gas stations and cockpits
purpose ●​ Scope:
As to intangible full and fair protection and ○​ cannot be bargained away through the
Compensation altruistic (just) public medium of a treaty or contract (Stone v
feeling that the equivalent of improvements Mississippi)
person has the property for the taxes ○​ may use taxing power as its implement (Tio
contributed to expropriated paid vs Videogram Regulatory Board)
the general ○​ may use eminent domain as its implement
welfare
(Assoc. of Small Landowners vs Sec. of
Most pervasive Agrarian Reform)
and less ○​ could be given retroactive effect and may
limitable and reasonably impair vested rights or contracts
most (police power prevails over contract)
demanding
○​ dynamic, not static, and must move with the
moving society it is supposed to regulate
Limitations: Bill of Rights
Who may exercise Police Power
●​ the Legislature (inherent)
●​ President (by delegation)
Chapter 5. Police Power ●​ administrative boards (by delegation)
●​ Power of promoting public welfare by ●​ lawmaking bodies on all municipal levels,
restraining and regulating the use of liberty including barangay (by delegation)
and property. ●​ Municipal governments / LGU's (conferred
●​ Most pervasive, most demanding and less by statute – general welfare clause of RA
limitable among the 3 power 7160)
 ●​ CASES: Lutz Vs Araneta SC sustained a - Expropriation; Condemnation
legitimate exercise of the police power ●​ use of the government of its coercive authority,
theimposition of a special tax on sugar upon just compensation, to forcibly acquire the
needed property in order to devote the same to
producers for the purpose of creating
public use
special funds for the rehabilitation of the ●​ The highest and most exact idea of property
sugar industry remaining in the government
Tests (Limitations): ●​ Inseparable from Sovereignty
●​ LAWFUL SUBJECT – interests of the public ●​ Not conferred by Constitution. Alienable and
generally, as distinguished from those of a nolegislative act or agreement can serve to
particular class, require the exercise of police abrogate the power of eminent domain when
public necessity adn convenience requires it
power. Subject of the measure is within the
●​ (see Rule 67, Rules of Court and Sec. 9, Art III-
scope of the police power, that the property or property cannot be taken for public use
activity sought affects the public. without just compensation, Constitution)
○​ CASES: Lozano vs Martinez BP22 is an
example of Police Power and is not Who may Exercise (C - P - L - PC- Q)
repugnant to the constitutional inhibition 1.​ The Congress (inherent)
against imprison of debt 2.​ President
3.​ various local legislative bodies
●​ LAWFUL MEANS – the means employed are
4.​ certain public corporations (e.g. National
reasonably necessary for the accomplishment Housing Authority)
of the purpose and not unduly oppressive upon 5.​ Quasi-public corporations (e.g. PLDT)
individuals. The lawful objective must be How? Thru ENACTMENT OF
pursued through a lawful method, - the end
ORDINANCE or LAW
and the means are both justified.
○​ CASES:City Government of Quezon City Eminent Domain vs. Destruction from Necessity
V Ericta- the ordinance of taking 6% of the EMINENT DOMAIN DESTRUCTION FROM NECESSITY
memorial park to benefit th pauper Instead - public right - private right vested in every
- arises from the laws of individual with which the right of state
of building or maintaining a public cemetery society and is vested in or state necessity has nothing to do
for this purpose, the city passes the burden the state or grantee, - comes under the right of necessity, of
acting under the right self-preservation
to the private cemeteries. and power of the state - arises under the laws of society or
or benefit of the state society itself
- cannot require the conversion of the
Additional limitations (when exercised by property taken to public use, nor is
delegate): there any need for the payment of just
compensation
●​ express grant by law (e.g. RA 7160)
●​ within territorial limits (for LGU's) Jurisdiction over a complaint for eminent
●​ must not be contrary to law (City Government domain -
of Quezon City vs Ericta) Regional Trial Court (RTC)
●​ for municipal ordinances -
○​ must not contravene the Constitution or any statute
Requisites of Eminent Domain [NP-TPJ]:
○​ must not be unfair and oppressive 1.​ N ECESSITY OF EXERCISE
○​ must not be partial and discriminatory 2.​ PROPERTY
○​ must not prohibit, but may regulate, trade 3.​ TAKING
○​ must not be unreasonable 4.​ PUBLIC USE
○​ must be general in application and consistent with 5.​ JUST COMPENSATION
public policy
[N] Necessity of Exercise
- genuine necessity, and
- must be of public character
Chapter 6. Eminent Domain ●​ When exercised by legislature – political
question
●​ When exercised by a delegate – justiciable
 question
■​ determine the: (a) adequacy of - if taking is under police power, it is not compensable
compensation; (b) necessity of ●​ CASES: Ayala de Roxas Vs City of Manila: the
taking; and (c) public use character imposition of an easement over 3-meter strip of
Judicial review of the exercise of the power of the plaintiff’s property could not be legally done
eminent domain is limited to the following areas without payment to it of just compensation.
of concern: ●​ Damnun Absque Injuria: loss or damage
1.​ The adequacy of the compensation
without injury
2.​ The necessity of the taking
3.​ The public use of character of the purpose of ●​ Final notes: Every taking should be inquired
the taking with just compensation
TAKING UNDER EMINENT DOMAIN vs TAKING IN POLICE POWER :
Limitations
1.the condemned property must be used for a public -
POLICE POWER EMINENT DOMAIN
purpose
2. The exercising authority must pay the authority the prejudice suffered by the individual suffers
the individual property more than his aliquot part
owner is shared in of the damages, i.e. a
[P] Property common with the rest of special injury above that
−​ GENERAL RULE: anything that can come under the community sustained by the rest of
the dominion of man is subject to expropriation the community
−​ EXCEPTIONS: money and chose in action
(personal right not reduced into possession, i.e. where there is taking in the constitutional sense, the
the right to bring an action to recover debt, property owner need not file a claim for just
money or thing) compensation with the Commission on Audit; he
−​ Private property already devoted to public use may go directly to the court to demand payment.
cannot be expropriated by a delegate acting Arbitrary action of the government shall be deemed
under a general grant of authority (CASES: City a waiver of its immunity from suit (CASES:
of Manila vs Chinese Community) Amigable vs Cuenca)
−​ CASES: Lloyds richfield Industrial Corp VS
[P] Public Use
NPC: expropriation however is not limited to the
−​ whatever may be beneficially employed for the
taking of property with the corresponding
general welfare (CASES: Heirs of Ardona vs
transfer of title from the landowner to the
Reyes)
expropriator.
−​ includes both direct or indirect benefit or
−​ CASES: Republic of Phil VS PLDT : It is true
advantage to the public
parties cannot be coerced to enter into a
−​ When expropriated property is converted into a
contract where no agreement os had between
public use, it becomes res communes, and
them. ..We must not overlook the fact that RPH
subject to direct enjoyment by any and all
in exercise of power of eminent domain may
members of the public indiscriminately.
require the telephone companies to permit
interconnection between government telephone
system and PLDT
[T] Taking [J] Just Compensation
Imports the physical dispossession of the owner as when −​ full and fair equivalent of the property taken from
he is ousted from his land or relieved of his watch or his the property owner by the expropriator
car and thus deprived of all beneficial use and enjoyment −​ that sum of money which a person, desirous but
of his property. not compelled to buy, and an owner, willing but
REQUISITES (Republic vs Castellvi) [EM-WPD]: not compelled to sell, would agree on as a price
1.​ [E] expropriator must enter a private property to be given and received therefor
2.​ [M] entry must be for more than a momentary −​ Intended to indemnify the owner fully of the loss
period he has sustained as a result of the expropriation.
3.​ [W] entry must be under the warrant of legal
authority −​ WHERE ONLY PART OF THE PROPERTY IS
4.​ [P] entry is for public use EXPROPRIATED :
5.​ [D] the owner is deprived of enjoying his property
entitlement to consequential damages, if any +
 consequential benefits must be deducted from −​ EXCPN: if the land has been classified as
the total compensation provided consequential industrial instead of agricultural under the
benefits does not exceed consequential Comprehensive agrarian reform law.
damages ** To ascertain just compensation, the court should
−​ Payment of the correct amount + Payment within a reasonable time
determine first the actual or basic value of the
property **
−​ FORM OF COMPENSATION :
* money (However, in CASES Assoc. of Small Limitation:
Landowners vs Sec. of Agrarian Reform,
payment is allowed to be made partly in bonds ●​ CASE: Sy vs Local Govt of QC: Is considered
because it deals with a revolutionary kind of to be the sum equivalent to the market value
expropriation) of the property, broadly described to be the
price fixed by the seller in open market in the
−​ TRANSFER OF TITLE
usual and ordinary course of legal action and
- Payment of just compensation before title is
transferred competition or the fair value
●​ CASE: NPC vs heirs of Sangkay :5 year
−​ RECKONING POINT OF MARKET VALUE OF prescriptive period provided under Section 3
PROPERTY : of RA 6395 is applicable only to an action for
- either as of the date of taking or filing of the damages and does not extend to an action to
complaint, whichever comes first recover just compensation like this case.
−​ ENTITLEMENT TO INTEREST :
General Rule: when there is delay, there must
be interest by way of damages (Art. 2209, CC)
Exception: when waived by not claiming the
interest Chapter 7. Power of Taxation
−​ Taxes is the nation's lifeblood through which
−​ PAYMENT OF TAXES : government agencies continue to operate and
- Taxes paid from the time of the taking until the with which the State discharges its functions for
transfer of the title, during which the owner did the welfare of its constituents.
not enjoy any beneficial use of the property, are −​ Taxes are enforced proportional contributions
reimbursable by the expropriator. from persons, property, levied by the State by
virtue of its sovereignty for the support of the
−​ RIGHT OF LANDOWNER IN CASE OF government and for all public needs.
NON-PAYMENT −​ obligation to pay taxes is a duty.
General Rule: landowner is not entitled to −​ It is an imposed duty to an individual by his
recover possession of the property, but only to membership in the body politic and his
demand payment enjoyment of the said membership.
Exception: when the government failed to pay −​ CASE: Compania Genral tabacos vs City of
just compensation within 5 years from the finality Manila: Taxing power main purpose is raising
of judgment in expropriation proceedings, there revenue
is a right to recover property −​ TAXES vs LICENSES
−​ CASE: Castellvi: the property was enhanced TAX LICENSE
considerably because of the improvements
- to raise - imposed and justified under Taxing
introduce by the govt during the period it was in revenues power to raise revenue
posession under contract of lease. Therefore, - amount of fees required is usually
limited to the cost of regulation
govt argued that theproperty should be assessed
as of the time of commencement of the lease in
1947 and to exclude the improvements in the ●​ CASES: Angeles University Foundation vs City
appraisal. of Angeles
−​ CASE: Repub of Phil VS Heirs of Saturnino: Just ○​ Challenges the validity of the building permit
compensation shall be determined from the time fee stating that non stock, non profit
of taking not as the time of filing.
 educational institutions shall be exempted evolve a progressive system of taxation.)
from paying all tax and import duties, etc. UNIFORMITY – persons or things belonging to the
SC ruled in favor of the City of Angeles same class shall be taxed at the same rate
* REQUISITES (CASES: Tan vs Del Rosario):
citing that the bldg permit fee is a regulatory
[SCLE]
imposition and not a charge on the property. 1.​ [S] standards that are used are substantial
and not arbitrary
Scope 2.​ [C] categorization is germane to achieve the
−​ all income earned in the taxing state, whether by legislative purpose
citizens or aliens, and all immovable and 3.​ [L] the law applies, all things being equal, to
tangible personal properties found in its territory, both present and future conditions
as well as tangible personal property owned by 4.​ [E] classification applies equally well to all
persons domiciled therein those belonging to the same class

Power to Tax Includes Power to Destroy EQUITABLE TAXATION – based on the capacity
−​ when used validly as an implement of the police to pay
power in discouraging and in effect ultimately
prohibiting certain things or enterprises inimical EQUALITY IN TAXATION –
to public welfare tax shall be strictly proportional to the relative
value of the property. If the same lot of the same
Power to Tax Does Not Include Power to Destroy size but the other is inside a exclusive
- where the tax is used solely for the purpose of neighborhood, its higher than the other one in
raising revenues cheaper location

−​ CASE: Tolentino Vs Secretary of Finace:

Who May Exercise (L - P - L) PROGRESSIVE SYSTEM OF TAXATION – the
1.​ Legislature (inherent) rate increases as the tax base increases, evolve
2.​ President (by delegation / tariff powers [Sec. a progressive system of taxation
28 (2), Art. VI, Consti])
3.​ Local Legislative Bodies (conferred by direct Double Taxation / Direct Duplicate Taxation
authority [Sec. 5, Art. X, Consti]) −​ Not allowed when violating equal protection
clause
Limitations of Taxation [D - E - P]: −​ when additional taxes are laid on the same
1.​ [D] Due Process of Law subject by the same taxing jurisdiction during the
2.​ [E] Equal Protection same taxing period and for the same purpose.
3.​ [P] Public Purpose −​ despite the lack of specific prohibition, double
Due Process taxation will not be allowed if it results in a
●​ A. Substantive : tax should not be violation of the equal protection clause.
confiscatory except when used as an −​ EXCPN: When Double taxation is
implementation of police power allowed?(CASE: Punzalan Vs Municipal Board
●​ B. Procedural : * due process does not of Manlla)
require previous notice and hearing before a −​ SC disagree with petitioner and held that
law prescribing specific taxes on certain there is a substantial distinction between the
articles may be enacted. * However, where National govt and the local govt. They are 2
the tax to be collected is to be based on the diff jurisdiction
value of the taxable property, the taxpayer is ●​ CASES: City of Manila V Coca Cola Bottlers
entitled to be notified of the assessment
○​ It is apparent from a perusal thereof that when
proceedings and to be heard therein on the
correct valuation of the property. a municipality or city has already imposed a
●​ business tax on manufacturers pursuant to
Sec 143(a) of the local Govt code, they may
Equal Protection no longer subject to a business tax under Sec
●​ embodied in Sec. 28 (1), Art. VI, 1987
143(h).
Constitution (The rule of taxation shall be
uniform and equitable. The Congress shall
○​ Second tax on the same individual or property ●​ guaranty against any arbitrariness on the part of
may constitute a violation of equal protection the government
clause. Person
●​ Covers Natural (citizen and alien) and
[P] Public Purpose Artificial Persons. As to the latter, with
−​ whatever may be beneficially employed for the respect only to property because its life and
general welfare. liberty are derived from and subject to control
−​ If direct object of government expenditures is of legislature. The State like any other litigant
imbued with public purpose, then its public is also entitled its day in court.
character is not affected by any incidental benefit
to private person. Deprivation (in Sec. 1, Art. III)
Tax Exemptions ●​ Take away forcible, to prevent from
●​ The imposition of taxes as well as the grant possessing, enjoying or using something
and withdrawal of tax exemptions,shall only =connotes denial of right to life, liberty
be valid pursuant to legislative enactment or property
- may either be: ●​ Deprivation per se is not necessarily
1.​ constitutional unconstitutional. what is prohibited is
​ - Art. Vi, Sec. 28 (3) : when lands, buildings deprivation without due process of law.
and improvements are actually, directly and
exclusively [ADE] for religious, charitable or Life
educational purposes – entitled to exemption ●​ connotes integrity of the physical person
- Direct, Immediate and actual application of the ●​ not mere animal existence; embraces the
property itself to the purposes for which the enjoyment by the individual of God-given
charitable institution is organized. faculties that can make his life worth living.
2.​ statutory- discretion of legislature ●​ Court stressed that “ in the absence of a law
Tax Amnesty on the matter, the court will not dictate on
-​ General pardon or the intentional overlooking respondent concerning a matter so innately
of the state of its authority to impose private as one’s sexuality and lifestyle
penalties on persons otherwise guilty of preference”
violation of tax law
Liberty
●​ freedom to do right and never wrong, ever
guided by reason and the upright and honorable
conscience of the individual (Mabini)
Chapter 8. Due Process of Law ●​ right to be free from arbitrary personal restraint
●​ Similar to US, PH due process of law can be or servitude
divided into 2: Substantive and Procedural. ●​ A person is free to act but he may exercise his
○​ Substantive Due process refers to the rights only in such manner as not to injure the
intrinsic validity of law that interferes with rights of other
the right of a person which Procedural
Due Process means compliance with the
procedures of Steps even periods Property
prescribed by the statute in conformity with −​ anything that can come under the right of
the standard of fair play and without ownership and be the subject of contract
arbitrariness. −​ all things within the commerce of man
●​ However, one cannot have a vested right to a
●​ no precise definition because it might prove public office as this is not regarded as property. If
constricting and prevent the judiciary from created by statute, it may be abolished by the
adjusting it to the circumstances of particular legislature at any time.
cases ●​ Mere privileges are not property rights and are
●​ Dynamic and Resilient adaptable to every therefore revocable at will
situation calling for its application
●​ responsiveness to the supremacy of reason, The concept of vested rights is a consequence of
obedience to the dictates of justice the constitutional guarantee of due process that
●​ embodiment of sporting idea of fair play expresses a present fixed interest which in right
reason and natural justice is protected against submission of position papers is
arbitrary state action.Rights are considered vested enough
when the right to enjoyment is a present interest, - right of a party to cross-examine the
absolute, unconditional and perfect/fixed and witness against him in a civil case is
irrefutable
an indispensable part of due process
●​ While on may not deprived of his vested rights,
he may lose the same if there is DUE PROCESS
- the filing of a motion for
and such deprivation is founded on LAW and reconsideration cures the defect of
JURISPRUDENCE absence of a hearing
●​ - EXCPN Cases in which notice and
hearing may be dispensed with
Substantive Due Process without violating due process:
−​ requires intrinsic validity of the law in interfering a)​ abatement of nuisance per se
with the rights of the person to his life, liberty or
b)​ preventive suspension of a civil
property
−​ TEST : whether or not the law is being enforced
servant facing admin. charges
in accordance with the prescribed manner but c)​ cancellation of passport of a
whether or not, to begin with, it is a proper person sought for the
exercise of legislative power commission of a crime
−​ REQUISITES d)​ statutory presumptions
1.​ Lawful Subject ■​ Apeal: may be allowed or denied
2.​ Lawful Means by legislature of the LAW
Procedural Due Process
■​ Nuisance
- restriction on actions of judicial and quasi-judicial a)​ Any act,
agencies of government omission,establishment,
●​ Refers to methods or manner by which the business, condition or property
law is enforced or anything else that:
- Notice + Hearing (...hears before it condemns, 1.​ Injures or endangers the
which proceeds upon inquiry and renders judgment health or safety of the
only after trial) others
1.​ Judicial Due Process 2.​ Annoys or offends the
Requisites: [IJHJ] senses
1.​ [I] Impartial and Competent Court 3.​ Shocks,defies or
■​ “Cold neutrality of an impartial disregards decency or
judge morality
2.​ [J] Jurisdiction lawfully acquired over 4.​ Obstructs or interferes
the person of t he defendant and/or with the free passage
property ■​ Presumptions
■​ Jurisdiction over the parties is the a)​ Statutory presumption would
power of the courts to make not deny the right of hearing,
decisions that are binding on provided there is a natural or
them. Is acquired as soon as they rational connection between
filed their complainants or the fact proved and the fact
petitioner is acquired as soon as ultimately presumed from such
they file their complaints or fact
petitions, and for defendants and 4.​ [J] Judgment rendered upon lawful
respondents through valid service hearing
of summons or their voluntary ■​ No decision shall be rendered by
submission to the courts any court without expressing
jurisdiction. therein clearly and distinctly the
3.​ [H] Hearing facts and the law on which it is
- not necessarily trial-type hearing; based.
 2.​ Administrative Due Process same with a law which permits such denial.”
REQUISITES [HEDSPIK]: (CASE People vs Vera)
1.​ [H] Right to a hearing
2.​ [E] Tribunal must consider the evidence Classification: The law is not required to
presented provide for equality among all persons if they
3.​ [D] Decision must have something to are not similarly situated. Defines as grouping of
support itself persons or things similar to each other in certain
4.​ [S] Evidence must be Substantial particular and different from all other from the
5.​ [P] Decision must be rendered on the same particular
evidence presented at the hearing, or at Requisites: (S - R - L - A)
least contained in the record and
1.​ it must be based on substantial
disclosed to the parties affected
6.​ [I] Tribunal, body, or any of its judges
distinctions
must act on its or his own independent 2.​ it must be germane to the purposes of
consideration of the facts and law of the the law
controversy 3.​ it must not be limited to existing
7.​ [K] Decision is rendered in such a conditions only
manner that the parties to the proceeding - must be enforced as long as the
can know the various issues involved, problem sought to be corrected exists
and the reason for the decision rendered 4.​ it must apply equally well to all members of
●​ CASE: Bautista vs CA: are not applicable to the class
preliminary investigation which are not - both as to rights conferred and obligations
quasi-judicial proceedings imposed

Substantial distinctions
a.​ CASE: People vs Solon: SC affirmed that
Chapter 9. Equal Protection the mere fact that the legislative
classification of persons or things for
regulation by law, produces inequality in
some degree, but the law is not thereby
rendered invalid.
−​ embraced in the concept of due process b.​ CASE: Garcia vs Executive Secretary: the
−​ embodied in a separate clause to provide for a petitioner belongs to the class of those who
more specific guaranty against undue favoritism have been convicted by any court, thus he is
or hostility from the government entitled to the rights accorded to them.
−​ Sames as DUE PROCESS, it is intentional c.​ CASE: Biraogo v The Phil Truth
ambiguity WHY? To provide more adjustability Commission of 2010: SC invalidated the
to the swiftly moving facts EX order 1 of President Aquino for
−​ Equal Protection simply requires that all establishing Truth Commission against his
persons or things similarly situated should predecessor: Arroyo because its clear
be treated alike, both as to rights conferred mandate was to in vestigate and find out the
and responsibilities imposed. truth concerning the reported cases of graft
−​ DUE PROCESS CLAUSE attacks and corruption during the previous
ARBITRARINESS in general administration only and not to include
−​ EQUAL PROTECTION CLAUSE attacks past admin.- It singles out the officials of
UNWARRANTED PARTIALITY OR PREJUDICE the Arroyo Administration.
d.​ CASE: Arroyo vs DOJ: Private individuals
SUBSTANTIVE EQUALITY – all persons or things were also subjected to the investigation by
similarly situated should be treated alike, both as to the joint committee
rights conferred and responsibilities imposed.
Relevance / Germane to purposes of the law
EQUALITY IN ENFORCEMENT OF THE LAW –
●​ It concerns to all members of the class and
law be enforced and applied equally
applies equally to present and future
conditions, the classification does not violate
“A law which denies equal protection is the
the equal protection guaranteeCASE: MM
 Promo and Mngt vs CA ●​ VALID WARRANTLESS SEARCHES [NOTE:
Duration each of these requires probable cause, except
-​ The classification mus be enforced not only stop and frisk]
for the present but as long as the problem 1.​ searches incidental to lawful arrest (rule 126,
sought to be corrected continues to exist. Rules of Court) – for dangerous weapons or
Applicability to all anything that may have been used or
-​ The classification will be regarded as invalid constitute in the commission of an offense
if all members of the class are not similarly Requisites:
treated, both as to rights conferred and 1.​ the item to be searched was within
obligations imposed. the arrestee's custody or area of
Judicial Scrutiny immediate control
-​ Also known as Rational Relation test and it 2.​ the search was contemporaneous
demands that the classification reasonably with the arrest
relates to the legislative purpose. 2.​ searches of moving vehicles
-​ Philippines Jurisdiction developed 3 test to 3.​ searches of prohibited articles in plain view
determine the reasonableness of Requisites:
classification: 1.​ prior valid intrusion to a place
1.​ Interferes with the exercise of fundamenta 2.​ evidence was inadvertently
rights, including the basic liberties discovered by the police who has the
guaranteed under Constitution right to be there
2.​ Burdens suspect classes 3.​ evidence is immediately apparent
3.​ Rational basis test applies to all other 4.​ there is no further search
subjects not covered by first 2 test. 4.​ enforcement of customs law
5.​ consented searches
6.​ stop and frisk (limited protective search of
outer clothing for weapons)
7.​ routine searches at borders and ports of
Chapter 10. Searches & Seizures entry
8.​ searches of businesses in the exercise of
visitorial powers to enforce police regulations
●​ Section 2, Article III – deals with tangibles
embodies the “castle” doctrine (a man's - VALID WARRANTLESS ARREST:
house is his castle; a citizen enjoys the right 1.​ in flagrante delicto
against intrusion and is master of all the 2.​ hot pursuit
surveys within the domain and privacy of his 3.​ the offender escaped from the penal
own home.) establishment
●​ Section 3 (1), Article III – deals with
intangibles
●​ Section 3 (2), Artivle III – Exclusionary Rule
(which embodies the Doctrine of the Fruit of the Chapter 11. Liberty of Abode and
Poisonous Tree)
Travel
●​ available to natural and artificial persons
(Corporations that has their own identity), but the latter's
books of accounts may be required to open for Purpose of the Provision (Art. III, Sec. 6):
examination by the State in the exercise of Section 6. The liberty of abode and of changing
police power or power of taxation the same within the limits prescribed by law
●​ The right is personal (Stonehill vs Diokno) shall not be impaired except upon lawful order
●​ may be invoked only against the State (People of the court. Neither shall the right to travel be
vs Marti) impaired except in the interest of national
security, public safety, or public health, as may
●​ Only a judge may issue a warrant.
be provided by law.
EXCEPTION: orders of arrest may be issued by
To further emphasize the individual's liberty as
administrative authorities but only for the
safeguarded in general terms by the due process
purpose of carrying out a final finding of a
clause. Liberty under that clause includes the right
violation of a law
to choose one's residence.
 vs Drilon provided by law.
Limitations 1988 An order temporarily suspending the
deployment of overseas workers is
1.​ LIBERTY OF ABODE - “upon lawful order of constitutional for having been issued in the
the court.” interest of the safety of OFWs, as provided by
○​ the Labor Code.
2.​ RIGHT TO TRAVEL - “national security,
public safety or public health as may be Remedy if Detained: Invoking the Writ
provided by law.” of Habeas Corpus
Caunca vs Whether a maid had the right to transfer to
Salazar another residence even if she had not paid yet
82 Phil 851 the amount advances by an employment
agency:
Yes. The fortunes of business cannot be
controlled by controlling a fundamental human
Chapter 12. Freedom of Religion
freedom.
Human dignity and freedom are essentially Religion defined
spiritual – inseparable from the idea of eternal. ●​ “any specific system of belief, worship,
Money, power, etc. belong to the ephemeral and
perishable. conduct, etc., often involving a code of ethics
Rubi vs Provincial The respondents were justified in requiring the and philosophy” (definition ni Cruz)
Board of Mindoro members of certain non-Christian tribes to ●​ The aforesaid definition is more
1919 reside in a reservation, for their better
education, advancement and protection. The comprehensive than that given in Aglipay vs
measure was a legitimate exercise of Ruiz (a profession of faith to an active power
police power. that binds and elevates man to his Creator).
This is because there are religions which do
Villavicenc Prostitutes, despite being in a sense, not refer to a God, e.g Buddhism, Atheism,
io vs lepers, are not chattels but Philippine
citizens, protected by the same
etc.
Lukban constitutional guarantee of freedom of
●​ (comment ko: The definition is too broad. It is too broad that it
can even cover systems of belief that we do not consider as
1919 abode. They may not be compelled to religions. If we are to accept the definition, it would be
change their domicile in the absence tantamount to calling different schools of thought, e.g. Analytic
tradition, Existentialism, as religions. More than that, we have
of a law allowing such. existing government where the head of state becomes the
Salonga vs the case became moot and academic when the head of church, UK. Does that mean that there is no freedom
Hermoso permit to travel abroad was issued before the
of religion in those countries?
97 SCRA 121 case could be heard thru order of mandamus
Lorenzo vs Dir. of Laws for the segregation of lepers have been TWO GUARANTEES ARE CONTAINED IN SEC. 5:
Health provided the world over and is supported by 1.​ Non-establishment clause
1927 high scientific authority. Such segregation is 2.​ Free exercise of religious profession and
premised on the duty to protect public health.
worship
Manotoc vs CA Bail posted in a criminal case, is a valid
1986 restriction on the right to travel. By its nature, it
may serve as a prohibition on an accused from
leaving the jurisdiction of the Philippines where
[1] NON-ESTABLISHMENT CLAUSE
orders of Philippine courts would have no (Lemon V Kurtzman)
binding force.
His petition was dismissed on the principal
ground that the conditions of the bail bond that as stated by Cruz: there is no violation of this clause
he would be available at any time the court if:
should require his presence was a valid 1.​ 1st: The statute has a secular and
restriction on his right to travel.
legislative purpose
The Supreme Court upheld the lower 2.​ 2nd, its principal and primary effect is
courts' decisions, emphasizing that the
right to travel is not absolute and can one of that neither advances nor
be lawfully restricted by judicial orders, inhibits religion,
especially to ensure an accused's
presence at trial. 3.​ 3rd, it does not foster excessive
Marcos vs The liberty of abode and the right to travel government entanglement with religion
Manglapus includes the right to leave, reside and travel
1989 within one’s country but it does not include the
right to return to one’s country. ●​ Reinforces Sec. 6, Art. II on the separation of
NOTE: Court warned that this case should not church and State : separation of the church and
create a precedent because Marcos was a class state is INVIOLABLE
in himself.
Philippine Right to travel may be impaired in the
Association of ●​ other provisions which support this:
interest of national security, public
Service Exporters health or public order, as may be ●​ Sec 2(5), Art. 9-C [a religious sect or
 denomination cannot be registered as a achieved unless the political process is insulated
political party], from religion and unless religion is insulated from
●​ Sec 5(2), Art. 6 [no sectoral representative politics.
from the religious sector], and
●​ Sec 29 (2), Art. 6 [prohibition against the use
of public money or property for the benefit of Engel vs Vitale recitation by students in public
any religion, or of any priest, minister or schools in New York of a prayer
ecclsiastic], composed by the Board of Regents
●​ Sec. 28 (3), Art. 6 [exemption from taxation was unconstitutional
of properties actually, directly and Everson vs US Supreme Court sustained the law
exclusively used for religious purposes, Board of providing free transportation for all
●​ Sec 4(2), Art 14 [citizenship requirement of Education schoolchildren without discrimination,
ownership of educational institutions except including those attending parochial
those owned by religious groups], schools
●​ Sec 29(2), Art 6 [appropriation allowed Board of US Supreme Court sustained the law
where the minister is employed in the armed Education vs requiring the petitioner to lend
forces, penal institution or Allen textbooks free of charge to all
government-owned orphanage or students from grades 7-12, including
leprosarium] those attending private schools
In Everson and Allen, the government aid was given
●​ Scope: the state cannot set up a church nor pass directly to the student and parents, not to the
laws that aid one religion, aid all religions, or church-related school
prefer one religion... Adong vs in line with the constitutional principle
Cheong Seng of equal treatment of all religions, the
●​ Rationale: Gee State recognizes the validity of
1.​ to delineate boundaries between the 2 marriages performed in conformity
institutions; and with the rites of the Mohammedan
2.​ to avoid encroachment by one against the religion
other. Rubi vs the expression “non-Christian” in
3.​ [Strong fences make good neighbors; Render Provincial “non-Christian tribes” was not meant
unto Ceasar the things that are Ceasar's and Board to discriminate. It refers to the degree
unto God the things that are God's.] of civilization, not to the religious
belief.
●​ A union of Church and State would either:
Islamic By arrogating to itself the task of
1.​ tend to destroy government and degrade
Da'wah issuing halal certifications, the State
religion; or
Council of the has, in effect, forced Muslims to
2.​ result in a conspiracy because of its
Philippines vs accept its own interpretation of the
composite strength
Office of Exec. Qur'an and Sunna on halal food.
Sec.
●​ Separation of church and state is not a wall of
hostility
●​ Intramural Religious Dispute = outside the
jurisdiction of the secular authorities
●​ The Government is neutral. It protects all but
prefers none and disparages none. Gonzales vs where a civil right depends upon
Archbishop of some matter pertaining to
●​ Freedom of religion includes freedom from Manila ecclesiastical affairs, the civil tribunal
religion; the right to worship includes the right not tries the civil right and nothing more.
to worship Fonacier v CA where the dispute involves the
property rights of the religious group
- Two values sought to be protected by the or the relations of the members
non-establishment clause: where the property rights are
(a)​Voluntarism – the growth of a religious sect as a involved, the civil courts may
social force must come from the voluntary assume jurisdiction.
support of its members because of the belief that
both spiritual and secular society will benefit if [2] FREE EXERCISE CLAUSE
religions are allowed to compete on their own
intrinsic merit without the benefit of official ●​ 2 aspects:
patronage. 1.​ FREEDOM TO BELIEVE
(b)​Insulation of the political process from ●​ absolute
interfaith dissension – voluntarism cannot be ●​ includes not to believe
 ●​ “everyone has a right to his beliefs and he ●​ Two steps (as regards the test):
may not be called to account because he 1.​ inquire whether the respondent's
cannot prove what he believes”
2.​ FREEDOM TO ACT ACCORDING TO ONE'S
right to religious freedom has
BELIEFS been burdened; and
●​ happens when the individual externalizes his 2.​ ascertain respondent's sincerity
beliefs in acts or omissions in her religious belief.
●​ subject to regulation; can be enjoyed only ●​ solicitations for religious purposes require
with proper regard to rights of others
●​ Justice Frankfurter: the constitutional
not a prior permit from DSWD as it is not
provision on religious freedom terminated included in solicitations for “charitable or
disabilities, it did not create new privileges... public welfare purposes.” [Centeno vs
its essence is freedom from conformity to Villalon-Pornillos]
religious dogma, not freedom from
conformity to law because of religious [3] RELIGIOUS TESTS
dogma
German vs SC found that petitioners were not sincere in their
Barangan profession of religious liberty and were using it ●​ Purpose: to stop the government's
merely to express their opposition to the clandestine attempts to prevent a person
government
Ebralinag SC reversed Gerona vs Sec. of from exercising his civil or political rights
vs. Educ. , and upheld the right of because of his religious beliefs.
division petitioners to refute to salute the
Superinten Philippine flag on account of their Danger it poses to the people especially the
dent of religious scruples. In previous ruling youth [Ang Ladlad LGBTQ Party vs,
Schools of re:Gerona Vs Sec of Educ, COMELEC]
Cebu ●​ The respondent rejected the application for
People vs Zosa invocation of religious scruples in order to avoid
military service was brushed aside by the SC registration of the petitioner, an
Victoriano vs SC upheld the validity of RA 3350, exempting organization of lebians, gays and
Elizalde Rope members of a religious sect from being
Workers Union compelled to join a labor union
transgenders.Invoking the Bible and Koran,
American Bible the constitutional guarantee of free exercise it contended that the petitioner’s
Society vs City carries with it the right to disseminate information, accreditation was denied not necessarily
of Manila and any restraint of such right can be justified
only on the ground that there is a clear and because their group,but Danger it poses
present danger of an evil which the State has the to the people especially the youth
right to prevent;
Hence, the City ordinance imposing license fees
to on sale is inapplicable to the society
Tolentino vs the free exercise clause does not prohibit
Sec. of Finance imposing a generally applicable sales and use tax
on the sale of religious materials;
the registration fee is not imposed for the exerise Chapter 13. Freedom of
of a privilege but only for the purpose of defraying
part of the cost of registration Expression
●​ Compelling State Interest test [Estrada
vs Escritor] Freedom of Speech – “at once the instrument and
●​ the constitution's religious clause's the guaranty and the bright consummate flower of all
prescribe not a strict but a benevolent liberty.” (Wendell Philips)
neutrality (which recognizes that the
government must pursue its secular Diocese of Bacolod v COMELEC 205728
●​ Several school of thought and theories that
goals and interests but, at the same strengthen the need to protect the basic right of
time, strive to uphold religious liberty to freedom of expression:
the greatest extent possible within 1.​ Deliberative democracy : right of the people
flexible constitutional limits to participate in public affairs, including the
●​ benevolent neutrality could allow for right to criticize government actions.
2.​ Considers free speech as being under the
accommodation of morality based on
concept of market place of ideas and therefore
religion, provided it does not offend the encourage
compelling state interest test. 3.​ Provides that free speech involves self
 expression that enhances human dignity. Art 3 Sec 4:
This right means assuring individual self ​ No law shall be passed abridging the freedom of
fullfilment speech of expression or of the press or the right of the
4.​ Free expression as a marker for group people peaceably to assemble anf petition the
identity government for redress of grievance
5.​ Supposed to protect individuals and
minorities aginats majoritarian abuses Bill of right, Sec 18
perpetuated thru the framework of democratic ​ No person shall be detained solely by reason of
governance his political beliefs and aspirations
6.​ Free speech should be protected under safety
valve theory Content Based Restraint - Based on the subject matter
of the utterance
Scope Content-neutral Restraint- Concern controls regulates
●​ Freedom of Expression is available only insofar place, the time and manner and other well defined
as it is exercised for the discussion of matters standards
affecting the public interest. Purely private
interest matters do not come within the guaranty [1] FREEDOM FROM PREVIOUS RESTRAINT OR
(invasion of privacy is not sanctioned by the CENSORSHIP
Constitution).
●​ covers ideas that are acceptable to the majority ●​ embodied in Art. III, Sec. 4 [No law shall be passed
and the unorthodox view. (One of the functions of abridging the freedom of speech, of expression, or of
this freedom is “to invite dispute” – US Supreme the press, or the right of the people peacably to
Court; “I may not agree with what you say, but I assemble and petition the government for redress of
will defend to the death your right to say it.” - grievances.]
Voltaire)
●​ Milton: The liberty to know, to utter and to argue ●​ CENSORSHIP conditions the exercise of freedom of
freely according to conscience, above all liberties expression upon the prior approval of the
●​ The freedom to speak includes the right to silent. government. Only those ideas acceptable to it are
(This freedom was meant not only to protect the allowed to be disseminated.
minority who want to talk but also to benefit the
majority who refuse to listen. - Socrates) ●​ CENSOR, therefore, assumes the role of arbiter for
the people, usually applying his own subjective
Importance standards in determining the good and the not. Such
The ultimate good desired is better reached by a free is anathema in a free society.
trade in ideas – that the best test of truth is the power of
the thought to get itself accepted in the competition of the Grosjean vs There need not be total suppression; even restriction of
American circulation constitutes censorship
market; and that truth is the only ground upon which their Press Co.
wishes safely can be carried out. Burgos vs the search, padlocking and sealing of the offices of
Chief of Staff Metropolitan Mail and We Forum by military authorities,
Modes of Expression resulting in the discontinuance of publication of the
−​ Oral and written language newspapers, was held to be prior restraint
−​ Symbolisms (e.g. bended knee, salute to the flag, Mutuc vs the COMELEC prohibition against the use of taped jingles
COMELEC in the mobile units used in the campaign was held to be
cartoons) unconstitutional, as it was in the nature of censorship
−​ Conduct Sanidad vs the Court annulled the COMELEC prohibition against
COMELEC radio commentators or newspaper columnists from
commenting on the issues involved in the scheduled
GMA Network Political Speech is one of the most important expression plebiscite on the organic law creating the Cordillera
COMELEC protected by the fundamental law.. Freedom of speech of Autonomous Region as an unconstitutional restraint on
the press are at the core of civil liberties and have to be freedom of expression
protected at all cost for the sake of democracy. But...
United Gonzales vs the Court upheld the validity of the law which prohibited,
Transport COMELEC except during the prescribed election period, the making
Koalition V of speeches, announcements or commentaries for or
COmelec against the election of any party or candidate for public
Disini Vs Exe Form of commercial speech and political speech office.
Sec presented as satire. JUSTIFICATION: the inordinate preoccupation of the
people with politics tended toward the neglect of the other
serious needs of the nation and the pollution of its
suffrages.
ELEMENTS: Iglesia ni Cristo The Board of Review for Motion Pictures and Television
●​ Freedom from previous restraint or vs CA (BRMPT) has the authority to review the petitioner's
censorship television program.
●​ Freedom from subsequent punishment However, the Board acted with grave abuse of discretion
when it gave an “X-rating” to the TV program on the
 ground of “attacks against another religion.” Such a obscene is a judicial function.
classification can be justified only if there is a showing Miller vs California Test of Obscenity:
that the tv program would create a clear and present ●​ whether the average person,
danger of an evil which the State ought to prevent. applying contemporary community
Primicias vs The respondent mayor could only reasonably regulate, standards, would find that the work,
Fugosos not absolutely prohibit, the use of public places for the taken as a whole, appeals to the
purpose indicated. prurient interest
National Press the Supreme Court upheld the validity of Sec. 11(b), RA ●​ whether the work depicts, in a
Club vs 6646, which prohibited any person making use of the patently offensive way, sexual
COMELEC media to sell or to give free of charge print space or air conduct specifically defined by the
time for campaign or other political purposes except to applicable law
the COMELEC. This was held to be within the power of ●​ whether the work, taken as a whole,
the COMELEC to supervise the enjoyment or utilization of lacks serious literary, artistic, political
franchises for the operation of media of communication or scientific value
and information, for the purpose of ensuring equal
opportunity, time and space, and the “right to reply,” as Justice Douglas, dissent: I do not think we, the
well as uniform and reasonable rates of charges for the judges, were ever given the constitutional
use of such media facilities. power to make definitions of obscenity.
Osmeňa vs SC reaffirmed validity of RA 6646 as a legitimate exercise Obscenity is a hodgepodge.
COMELEC of police power. The regulation is unrelated to the - The Courts should not apply a national standard but the standard of the
suppression of speech, as any restriction on freedom of community in which the material is being tested.
expression occasioned thereby is only incidental and no
more than is necessary to achieve the purpose of - Criticism of Official Conduct
promoting equality. Lagunzad vs the Court granted the petition to restrain the public
NOTE: This is not inconsistent with the ruling in PPI vs Sotto Vda. de exhibition of the movie “Moises Padilla Story,”
COMELEC, because in the latter, SC simply said that Gonzales because it contained fictionalized embellishments.
COMELEC cannot procure print space without paying just Being a public figure does not destroy one's right
compensation. to privacy.
Adiong vs COMELEC's resolution prohibiting the posting of decals, Ayer the tribunal upheld the primacy of freedom of
COMELEC and stickers in mobile units like cars and other moving Productions vs expression over Enrile's “right to privacy,” because
vehicles was declared unconstitutional for infringmenet of Judge Enrile was a public figure and a public figure's right
freedom of expression. Capulong to privacy is narrower than that of an ordinary
Besides, the constitutional objective of giving the rich and citizen. Besides, the movie “Four Days of
poor candidates' equal opportunity to inform the Revolution (sabi ni Cruz)” / “A Dangerous Life
electorate is not violated by the posting of decals and (sabi ni Nachura)” / “The Four Day Revolution
stickers on cars and other vehicles. (sabi sa case)” would not be historically faithful
“Overbreadth doctrine” = prohibits the government from without including therein the participation of Enrile
achieving its purpose by means that weep unnecessarily in the EDSA revolution.
broadly, reaching constitutionally protected as well as US vs Bustos SC compared criticism of official conduct to a
unprotected activity; the government has gone too far; its “scalpel that relieves the abscesses of officialdom”
legitimate interest can be satisfied without reaching so People vs newspaper publications tending to impede,
broadly into the area of protected freedom. Alarcon obstruct, embarrass or influence the courts in
Gonzales vs petitioner questioned the classification of the movie as administering justice in a pending suit or
katigbak “for adults only.” the petition was dismissed because the proceeding constitutes criminal contempt which is
Board did not commit grave abuse of discretion. summarily punishable by the courts.
In re Jurado a publication that tends to impede, embarrass or
[2] FREEDOM FROM SUBSEQUENT obstruct the court and constitutes a clear and
present danger to the administration of justice is
PUNISHMENT not protected by the guarantee of press freedom
and is punishable by contempt.
●​ embodied in Art. III, Sec. 18 (1) [No person shall be detained solely
It is not necessary that publication actually
by reason of his political beliefs and aspirations]
obstructs the administration of justice, it is enough
that it tends to do so.
●​ without this assurance, the individual would hesitate to speak for
fear that he might be held to account for his speech, or that he In re Sotto a senator was punished for contempt for having
might be provoking the vengeance of the officials he may have attacked a decision of SC which he called
criticized. incompetent and narrow-minded, and announcing
that he would file a bill for its reorganization
●​ not absolute; subject to police power and may be regulated In re Tulfo Tulfo's “Sangkatutak na Bobo” column was held
(freedom of expression does not cover ideas offensive to public contumacious. Freedom of the press is
order) subordinate to the decision, authority and integrity
of the judiciary and the proper administration of
- Obscenity justice.
US vs Kottinger SC acquitted accused who was charged of In re Laureta a lawyer was held in contempt and suspended
having offered for sale pictures of half-clad from the practice of law for wrting individual letters
members of non-Christian tribes, holding that to members of the SC division that decided a case
he had only presented them in their native against his client, arrogantly questioning their
attire decision
People vs Go Pin Accused was convicted for exhibiting nude Zaldivar vs a member of the Bar who imputed charges of
paintings and pictures, notwithstanding his Sandiganbaya improper influence, corruption and other misdeeds
claim that he had done so in the interest of art. n to members of the Supreme Court was suspended
SC, noting that he has charged admission fees from the practice of law as “neither the right of free
to the exhibition, held that his purpose was speech nor the right to engage in political activities
commercial, not merely artistic. can be so construed or extended as to permit any
such liberties to a member of the bar.”
Pita vs CA SC declared that the determination of what is
 Filipinos, for he has killed our
●​ Right of students to free speech in school premises not independence.”
absolute. He was sentenced to jail.
GENERAL RULE: a student shall not be expelled or suspended
solely on the basis of articles he has written 3.​ Balance of Interest Test
EXCEPTION: when the article materially disrupts class work or - when particular conduct is regulated in the interest of public
involves substantial disorder or invasion of rights of others, the order, and the regulation results in an indirect, conditional,
school has the right to discipline its students (in such a case, it may partial abridgment of speech, the duty of the courts is to
expel or suspend the student) determine which of the two conflicting interests demands the
greater protection under the circumstances presented.
●​ Tests of valid governmental interference (criteria in determining - Justice Black, critique: it, in effect, allows the courts to
the liability of the individual for ideas expressed by him) : decide that this freedom may not be enforced unless they
believe it is reasonable to do so.
1.​ Clear and Present Danger Rule
- most libertarian
- whether the words are used in such circumstances and of CLEAR AND DANGEROUS BALANCE OF
such a nature as to create a clear and present danger that PRESENT DANGER TENDENCY RULE INTEREST RULE
they will bring about the substantive evils that the State has RULE
the right to prevent. liberty is preferred Authority is preferred the issue is resolved in
- the substantive evil must be extremely serious and the the light of the peculiar
degree of imminence extremely high before utterances can be circumstances obtaining
punished in each particular case
- CLEAR = causal connection with the danger of the
substantive evil arising from the utterance
- PRESENT = time element; imminent and immediate danger Assembly and Petition
(the danger must not only be probable but also inevitable) −​ public issues are better resolved after an exchange of view among
citizens meeting with each other for the purpose.
Terminiello vs ●​ (speech inside an auditorium with 800 persons) −​ not subject to previous restraint or censorship
City of Chicago ●​ speech is often provocative and challenging. −​ regulated by BP 880 (Public Assembly Act)
hence, “fighting words” are not sufficient to
convict a person absent a clear and present Tanada vs SC sustained the petitioner's motion compelling the mayor
danger of a serious substantive evil Bagatsing of Manila to issue a permit to hold a rally, but changed the
Primicias vs The respondent mayor could only reasonably meeting place to Ugarte Field, a private park
Fugosos regulate, not absolutely prohibit, the use of public Malabanan (several students were suspended for 1 year for
places for the purpose indicated. vs conducting demonstration in the premises of a university
−​ the condition of Manila at that time did not Ramento outside the area permitted by the school authorities)
justify the mayor's fears. there was no clear and SC emphasized that the students did not shed their
present danger. constitutional rights to free speech at the schoolhouse
−​ decided in 1947 gate, and permitted the students to re-enroll and finish
Navarro vs (compare with Primicias case) their studies.
Villegas SC sustained respondent mayor's act of refusing to Villar vs (several students were barred from re-enrollment for
issue a permit enabling students to hold a public TIP participating in demonstrations)
rally. Mayor feared the rally would result to public while the Court upheld the academic freedom of
disorder. institutions of higher learning, which includes the right to
- decided in 1970 set academic standards to determine under what
Reyes vs the denial of a permit to hold a public rally was invalid circumstances failing grades suffice for expulsion of
Bagatsing as there was no showing of the probability of a clear students, it was held that this right cannot be utilized to
and present danger of an evil that might arise as a discriminate against those who exercise their constitutional
result of the meeting. The burden of proving such rights to peaceful assembly.
eventually rests on the Mayor. Non vs SC abandons its ruling in Alcuaz vs PSBA (that enrolment
Dames of a student is a semester-to-semester contract and the
2.​ Dangerous Tendency Doctrine school may not be compelled to renew the contract)
- if the words uttered create a dangerous tendency of an evil upholding the primacy of freedom of expression, because
which the State has the right to prevent, then such words are the students do not shed theur constitutionally protected
punishable. rights at the school gate.
- Justice Holmes, critique of this doctrine: Every idea is an PBM right to free assembly and petition prevails over economic
incitement. If believed, it is acted on unless some other belief Employees rights.
outweighs it, or some failure of energy stifles the movement at Assoc vs
its birth. PBM

Bayan vs 1.​ the Calibrated Pre-emptive −​ Tests of a lawful assembly

Executive Response Policy is null and void. −​ Purpose Test
Secretary Respondents are enjoined from - ideally, the test should be the purpose for which the
Ermita using it and to strictly observe the assembly is held, regardless of the auspices under which it is
requirements of maximum tolerance. organized
Cabansag It is not necessary that some definite or −​ Auspices Test
vs immediate acts of force or violence be - Evengelista vs Earnshaw: the mayor of Manila prohibited the
Fernandez advocated. It is sufficient that such acts members of the Communist Party from holding any kind of
be advocated in general terms. meeting, revoking all permits previously granted by him on the
A mere tendency toward the evil was ground that the party had been found (by the fiscal's office) to
enough. be an illegal association.
People vs Accused declared: “The Filipinos like
Right of Association
Perez myself must use bolos for cutting off
(Governor-General) Wood's head for
−​ Art. III, Sec. 8
having recommended a bad thing for the
−​ deemed embraced in freedom of expression because the ●​ Contract: any lawful agreement on the
organization can be used as a vehicle for the expression of views property or property rights, wether real or
that have a bearing on public welfare.
personal, tangible or intangible.
SSS right to organize does not carry with it right to strike ●​ Does not cover:
Employees
Assoc vs 1.​ License(merely a permit of privilege
CA
Victoriano
to do what otherwise would be
vs Elizalde unlawful and is not a contract with the
Rope
Workers' government.
Union 2.​ Marriage Contract - (regarded as a
Occena vs right of association was not violated where political parties
COMELEC were prohibited from participating in the barangay elections social institution subject at all times to
to insure the non-partisanship of the candidates. a regulation by a legislature and to
In re Bar integration does not compel the lawyer to associate
Edillon with anyone. Integration does not make a lawyer a change of the original conditions)
member of any group of which he is not already a member. 3.​ Public Office= Public office is a public
Access to Information Trust.(stock distribution, EXCPN:
- the citizenry has a right to know what is going on in the country and in
where the salary has already been
his government so he can express his views thereon knowledgeably and earned, in which case it will be
intelligently
deemed a vested property right that
cannot be withdrawn or reduced.
Valmonte v The people have a right to access official records but they
Belmonte cannot compel custodians of official records to prepare lists, ●​ Law: includes statutes enacted by the
1989 abstracts, summaries and the like, such not being based on
a demandable legal right. national legislature executive order and
Baldoza v Judges cannot prohibit access to judicial records. However, a administrative regulations promulgated under
Dimaano judge may regulate the manner in which persons desiring to
1976 inspect, examine or copy records in his office, may exercise a valid delegation of power and municipal
their rights. ordinances passed by the local legislative
Legaspi v Personal interest is not required in asserting the right to
Civil information on matters of public concern. bodies. To impair, the law must retroact so as
Service What matters constitute “public concern” should be
Commissio determined by the court on a case to case basis.
to affect the existing contracts concluded
n before.
1987
Chavez v Public concern (def.) – writings coming into the hands of
○​
PCGG
1998
public officers in connection with their official functions
Ill-gotten wealth is, by its nature, a matter of public concern.
●​ Obligation: of the contract is the
Privileged communication: (1) national security, (2) trade vinculum juris the tie that binds the party ot
secrets, (3) criminal matters pending in court,
Echegaray SC held that making the Lethal Injection Manual inaccessible each other. The obligation of the contract is
case to the convict was unconstitutional. the law or duty which binds the party to
perform their undertaking or agreement
according to its term and intent.[Sturgees
Chapter 14. Impairment Power Vs Corwnshield]
●​ Art 3 Sec 10 of the Constitution
○​ No Law impairing the obligation of ●​ Impairment: anything that diminishes the
contracts shall be passed efficacy of the contract.
●​ Purpose: To safeguard the integrity of valid ○​ Retroactive
contractual agreements against unwarranted ○​ Anything that diminishes the efficacy
interference by the State of the contract
●​ As a rule they should be respected by ○​ Right of the party is change to his
thelegislature and not tampered with by prejudice
subsequent laws that will change the when IMPAIRMENT is a law:
intention of the parties or modify their ●​ Changes the terms of a contract between parties
●​ Imposes new conditions
rights and obligation[Siska Deve Corp ●​ Dispenses those expressed
Vs Office of the president] ●​ Authorizes for its satisfaction something different from that
provided in its terms.
 ●​ The police power is superior to the non 1837 provide for the improvement of an important line of travel.
Ortigas v Zoning laws, promulgated in the exercise of police power,
impairment clause[Home BLdg Loan Vs Feati Bank justify nullification of contractual obligations.
1979
Blaisdell] Conference Contracts of labor are explicitly subject to the police
●​ Freedom of the contract is not absolute, of Maritime power. CC1700: Relations between capital and labor are
Manning not merely contractual but are impressed with public
hence all contracts and rights are subject to Agencies v interest and must yield to the common good…
the police power of the state. POEA
1995
●​ A mere change in PROCEDURAL
REMEDIES which does not change the
substance of the contract, and which still
leaves an efficacious remedy for
enforcement does not impair the obligations Chapter 15. EX POST FACTO
of the contracts LAW
●​ Limitations: ●​ Art. III, Sec. 22 of the Constitution
○​ Police Power ●​ Prohibition against Ex Post facto Laws - the
■​ When contract suffers from equivalent of the impairment clause in
congenital infirmary(when it criminal matters
affects public welfare Kinds
○​ Eminent Domain
1)​ One which makes an action done before the
○​ Power of Taxation
passing of the law, and which was innocent
■​ This is not a contract hence when done, criminal, and punishes such action.
may be revoked by the 2)​ One which aggravates the crime or makes it
legislature greater than when it was committed.
3)​ One which changes the punishment and inflicts
Provincial SC recognized that there are views that the non-
Bus impairment clause are obsolete and redundant because
a greater punishment than that which the law
Operator Vs contracts are considered property and thus are protected annexed to the crime when it was committed.
DOLE by the due process clause. On the other hand, studies 4)​ One which alters the legal rules of evidence and
shows why the non impairment clause should be
maintained. receives less testimony than the law required at
Aside form is traditional purpose of prohibiting Stae the time of the commission of the offense in
interference, in purely private transactions, the non order to convict the accused.
impairment clause serves as a guarantee of the
separation of powers between judicial and legislative 5)​ One which assumes to regulate civil rights and
branches of the government. The non impairment clause remedies only BUT, in effect, imposes a penalty
serves as a check on the legislature to act only through
generally applicable laws prescribing rules of conduct
or deprivation of a right, which, when done, was
that operate prospectively. lawful.
Landbank Consti guarantee of non impairment clause MAY NOT be 6)​ One which deprives a person accused of a
VS used by the petitioner to validate its interest over the land
Republic of as a mortgagee. The State restraints upon the right to
crime of some lawful protection to which he has
Philippines have an interest or ownership over forest lands does not become entitled such as the protection of a
violate the constitutional guarantee of non impairment of former conviction or acquittal, or a proclamation
contracts. Said restraints is valid exercise of the police
power of the State. of amnesty.
Clemons v The following impair the obligation of a contract:
Nolting 1.​ A law which changes the terms of a legal Characteristics [CPR]
1922 contract with respect to:
a.​ time or mode of performance −​ [C] must refer to criminal matters
b.​ conditions – that which imposes new −​ [P] prejudicial to the accused
or dispenses with expressed
conditions −​ [R] retroactive in application
2.​ A law which authorizes for the satisfaction of a
contract something different from that provided
in its terms
BILL OF ATTAINDER
A law which compels a creditor to accept Philippine ▪​ A legislative act that inflicts punishment
pesos when a debt in US currency is owing impairs the without trial.
obligation of the contract.
Charles The state is never presumed to surrender its police
▪​ Essence is the substitution of legislative fiat
River Bridge power. for a judicial determination of guilt
v Warren A franchise granted to a company to collect tolls from a
Bridge bridge is subject to the duty and power of the state to
BA → EPF
 Δ BA= Bill of Attainder; EPF = Ex Post Facto ○​ If an accused fails to pay the fine
Law imposed upon him, this may result in
(All Bills of Attainder are Ex Post Facto his subsidiary imprisonment because
Laws)
his liability is ex delicto and not ex
Elements of Bill of Attainder contractu.
1.​ There must be a law. ●​ A FRAUDULENT debt may result in the
2.​ The law imposes a penal burden on a named imprisonment of the debtor if:
individual or easily ascertainable members of ○​ The fraudulent debt constitutes a
a group. crime such as estafa and The
3.​ There is a direct imposition of penal burden accused has been duly convicted.
without judicial trial.
●​ POLL TAX
Simplified version ○​ GenRule: Non-payment of taxes is
1.​ Bill of Attainder (BA) and Ex Post Facto Law punishable with imprisonment.
(EPF) are both prohibited. ○​ EXCPN: Failure to pay a poll tax
2.​ BA VS EPF ●​ Poll tax defined: A specific sum levied upon
a.​ BA is a Legislative act that imposes every person belonging to a certain class
punishment without trial. without regard to his property or occupation
b.​ MEANING– both must have a
○​ The Community Tax Certificate (CTC)
legislative Law to be passed
c.​ EPF retroactively changes the or “sedula” is sometimes considered
consequences of a once lawful act or a form of poll tax, as it is imposed per
increases its punishment individual.
d.​ EPF is only for criminal law. ○​ This kind of tax is only allowed if
everyone pays the same (we call that
Chapter 16. Non Imprisonment for "per capita" — per person).
○​ The government can’t make it bigger
Debt or smaller based on your job or
●​ Art. III, Sec. 20 of the Constitution money.
○​ No person shall be imprisoned for ○​ One example is the “community tax”
debt or non payment of a poll tax (like the sedula), which adults pay
just for being part of a city or town.
●​ Motive is for HUMANITARIAN reasons… an
added guaranty of the liberty of persons
against their incarceration for the
enforcement of purely private debts because Chapter 17. Involuntary Servitude
of their misfortune of being poor
●​ Debt, define: ●​ Sec. 18, Art III, Constitution
○​ No person shall be detained solely by
○​ any civil obligation arising from
reason of his political beliefs and
contract, express dor implied. aspirations
○​ Including those which are obtained ○​ No involuntary servitude in any form
through fraud. shall exist except as a punishment for
○​ As long as it arise ex contractu, the crime whereof the party shall have
state cannot employed its criminal been duly convicted
arm to enforce the debtor/creditor ●​ The condition of one who is compelled by
force, coercion, or imprisonment and against
right. Remedy: Civil action for the
his will to labor for another, wether he is paid
recovery of debt. or not.
●​ Scope of guaranty against imprisonment ●​ The concept includes slavery, the civil
for non-payment of debt relation in which one man has absolute
power over the life, fortune and liberty of
 another. cases of invasion or rebellion when
●​ Slavery –civil relation in which one man has public safety requires it.
absolute power over the life, fortune and ●​ Definition:
liberty of another ○​ A writ issued by a court
●​ Peonage – a condition of enforced servitude ○​ Directed to a person detaining
by which the servitor is restrained of his another
liberty and compelled to labor in liquidation of ○​ Commanding him
some debt or obligation, real or pretended, ■​ To produce the body of the
against his will prisoner
●​ At a designated time
General Rule and place
No involuntary service in any form shall exist. ●​ With the day and
cause of his caption
Exceptions and detention
1.​ Punishment for a crime for which the party
■​ To do, to submit to and
shall have been duly convicted (Sec. 18, Art.
III) receive whatever the court or
2.​ Personal military or civil service in the interest judge awarding the writ shall
of national defense (Sec. 4, Art. II) consider in his behalf
3.​ Naval enlistment – remain in service until the ○​ The object of the writ is to inquire
end of voyage so that the crew would not into the legality of the detention
desert the ship, making it difficult for the owners and if the detention is found to be
to recruit new hands to continue the voyage illegal, to require the release of the
(Robertson vs Baldwin) detainee.
4.​ Posse comitatus – in pursuit of persons who ○​ The action shall take precedence iin
might have violated the law, the authorities
the calendar of the court and must e
might command all male inhabitants of a certain
age to assist them (US vs Pompeya) acted upon immediately
5.​ Return to work order in industries affected with ○​ A writ of Habeas Corpus is regarded
public interest (Kapisanan ng Manggagawa as a palladium of liberty in which it
sa Kahoy vs Gotamco) is not issued as a matter of right but
6.​ Patria Potestas – unemancipated minors are sound dicretion of the court.
obliged to obey their parents so long as they ○​ Should not be granted in advance of
are under parental power and to observe the trial and cannot be issued as a
respect and reverence to them always (Art. writ of error.
311, Civil Code) When available (enumeration not exclusive)
✔​ restoration of liberty of an individual
US An Act providing for the method by which the people
subjected to physical restraint
vs of the town may be called upon to render assistance
Pom for the protection of the public and the preservation ✔​ may be availed of where, as a consequence
peya of peace and good order is constitutional. It was of a judicial proceeding:
enacted in the exercise of the police power of the 1.​ there has been deprivation of a
state and does not violate the constitutional constitutional right resulting in the
prohibition on involuntary servitude. restraint of the person
Pollo No indebtedness warrants a suspension of the right 2.​ the court has no jurisdiction to
ck vs to be free from compulsory service, and no state can impose the sentence, or
Willi make the quitting of work any component of a crime, 3.​ an excessive penalty has been
ams or make criminal sanctions available for holding imposed, since such sentence is void
unwilling persons to labor.
as to the excess.
✔​ May be extended to cases by which rightful
Chapter 18. Writ of Habeas custody of any person is withheld from the
person entitled thereto
Corpus ✔​ When moral restraint is exerted (Caunca vs
Salazar)
●​ Sec. 15, Art. III ✔​ Right was accorded a person was sentenced
○​ The privilege of the habeas corpus to a longer penalty than was subsequently
shall not be suspended except in meted out to another person convicted of the
same offense. (Gumabon vs Director of
 Prisons) only be denied when there's a valid
✔​ Unlawful denial of bail suspension due to invasion or rebellion —
and even then, only under strict conditions.
When not available (enumeration not exclusive)
✔​ the person alleged to be restrained is in the
custody of an officer under a process issued
✅ Why it's called the "privilege" of the writ of
habeas corpus:
by the court which has jurisdiction to do so ●​ The writ of habeas corpus is a legal
✔​ desaparecidos (disappeared persons) – remedy — a court order commanding the
persons could not be found; remedy is to person holding someone in custody (like the
refer the matter to Commission on Human police or military) to bring the detained
Rights person to court and justify why they are
being held.
Procedure ●​ It’s not the writ itself that’s suspended during
●​ It is not the writ itself but only its privilege emergencies — what gets suspended is the
that may be suspended. When the court “privilege” of invoking it.
finds meritorious application, it will issue the ●​ So the "privilege" refers to your right to use
writ as a matter of course ordering the the writ — your ability to go to court and ask,
production of the person allegedly detained "Why is this person being detained?"
and requiring the respondent to justify the
detention.
Term Meaning
●​ Writ is a matter of course, ordering the
production of the person allegedly detained
Writ of The actual legal order from the court
and requiring the respondent to justify the
Habeas that demands a detained person be
detention.
Corpus brought to court and the detention
●​ Only where the return of the respondent
justified.
shows that the person in custody is being
held for a crime covered by the proclamation Privileg The right of individuals to ask the court
suspending the privilege of the writ of e of the to issue this writ.
habeas corpus and in a place where it is Writ
effective will the court dismiss the petition. In
all other cases, it will continue the Suspen The temporary removal of the public’s
proceedings to determine the validity of the sion of right to invoke the writ — this means,
person's detention. the during suspension, people cannot go to
●​ At that, suspension of the privilege itself is Privileg court to question certain detentions (but
the exception and not the rule, the rule being e only under strict conditions like invasion
the affirmation and not the limitation of or rebellion).
liberty. The language is negative, the
limitation precise. In the absence of the
exceptional conditions mentioned, the ●​ Suspension can only last for 60 days and
privilege of the writ of habeas corpus may automatically, it will be terminated
not be suspended and the individual shall be [Commissioner Monsod]
entitled to the full protection of the writ
against any attempt to restrain him.
●​ Need to comply with writ; disobedience Writ of Amparo And Habeas Data
thereof constitutes contempt
●​ Effective 2008
Who may suspend the privilege ●​ Writ of Amparo:
The President ○​ The courts will be more diligent in the
Grounds for Suspension of the privilege protection of life, liberty and security
1.​ invasion or rebellion of the desapericido and can order the
2.​ when public safety requires it respondent (OR DETAINER) to exert
more and actual effort in locating the
SIMPLE TERMS missing personand showing that he is
●​ The writ of habeas corpus is automatically in good condition.will provide
granted to check illegal detention, and it can
 moreproctection under habeas suspicion that he has been taken into
corpus custody in violation of his
○​ Shall cover extra legal killings and constitutional right
enforced disappearances or threats ●​ OR worse, has been salvaged
thereof. Lucena VS Elago without the benefit of a lawful trial.
GR252120 ●​ To secure destruction of such secret
○​ Mere Substiantial evidence is information gathered in violation of
required person right to privacy to justify
○​ Is a Special Proceeding. A Remedy summary action against him by the
in which a party seeks to establish a govt or private entity
status, a right or a particular fact. It is Writ of Habeas data has been conceptualized as a
not a civil or criminal action judicial remedy enforcing the right to privacy most
○​ Revised Rule omf Summary especially the right to informational privacy of
proceedings would be individuals.
INAPPLICABLE
○​ Who may file:
■​ Concerned citizen Chapter 19. Speedy Disposition of
■​ Organization
■​ Association
Cases
■​ Institution ●​ Sec. 16, Art. III
○​ 2nd definition: ●​ All persons shall have the right for speedy
■​ Is an independent and disposition of their cases before all judicial,
summary remedy to provide quasi judicial or administrative bodies.
immediate judicial relief for the
protection of a person’s Related concepts and provisions
constitutional right to life ans ●​ Right to speedy trial (Sec. 14, Art.
liberty that it completely limits III)
her movement, the writ may Speedy trial Speedy
be issued to her. disposition of
■​ Source of fear must be vaid cases
and substantiated by Refers to trial Refers to
circumstance and not mere phase only disposition of
paranoia. Gadian VS AFP oct cases (All phases)
3 2017 Criminal cases Judicial,
■​ Both preventive and only quasi-judicial or
curative admin.
●​ May not be issued: Proceedings
○​ In favor of persons merely in the
“custody” of the police and allegedly
●​ Periods for decision for courts
under the threat of deprivation of
(Sec. 15, Art. VIII)
liberty
●​ SC: 24 months from submission
○​ Or for the protection of property
●​ All lower collegiate courts: 12 months
○​ Or commercial rights
unless reduced by SC
○​ Or in connection with the “threatened
●​ All other lower courts: 3 months
demolition of a dwelling by virtue of a
●​ Periods for decision for
final judgment of the court
Constitutional Commissions (Sec
●​ Writ of Habeas Data: 7, Art. IX-A)
Definition: ●​ 60 days from date of submission for
●​ Intended to insure the human right to decision or resolution
privacy by requiring the respondent to
produce the necessary information to Factors considered in determining whether the
locate the missing person right is violated
●​ OR such data about him that have 1.​ Length of delay
been gathered in secret ti support the 2.​ Reason of delay
 3.​ Assertion of the right or failure to assert it him to civil liability
b)​ the question relates to past
4.​ Prejudice caused by delay criminality for which the
witness can no longer be
Remedy in case there has been unreasonable prosecuted
c)​ he has been previously
delay in resolution of a case granted immunity under a
Dismissal through mandamus validly enacted statute
-​ Only natural persons can invoke this right. Judicial persons
are subject to the visitorial powers of the state in order to
determine compliance with the conditions of the charter
Chapter 20. Rights of the accused granted to them.

Criminal process includes: -​ SCOPE:

a)​ Investigation prior to the filing of charges -​ Testimonial Compulsion
b)​ Preliminary examination and investigation after charges are -​ Production of Documents, Papers and Chattels.
filed EXCEPTION: when books of accounts are to be
c)​ Period of trial examined in the exercise of police power and power
of taxation.

CRIMINAL DUE PROCESS -​ What is PROHIBITED is the use of physical or moral

-​ Sec. 14, paragraph 1 of Art. III compulsion to extort communication from the witness or to
otherwise elicit evidence which would not exist were it not for
-​ REQUIRES: the actions compelled from the witness.
1.​ Impartial and competent court in accordance
with procedure prescribed by law -​ The right does NOT PROHIBIT ​ the examination of
2.​ Proper observance of all the rights accorded the the body of the accused or the use of findings with respect to
accused under the Constitution and the his body as physical evidence. Hence, the fingerprinting of an
applicable statutes accused would not violate the right against self-incrimination.
(example of statutory right of the accused: right However, obtaining a sample of the handwriting of the
to Preliminary investigation) accused would violate this right if he is charged for
falsification.
-​ MISTRIAL may be declared if shown that proceedings were
held under circumstances as would prevent the accused from -​ The accused cannot be compelled to produce a private
freely making his defense or the judge from freely arriving at document in his possession which might tend to incriminate
his decision him. However, a third person in custody of the document may
be compelled to produce it.
-​ When a law not published and a person is impleaded for
violation of such law --– violation of due process -​ WAIVER:

-​ When appeal is permitted by law but there is denial thereof --– -​ Either:
violation of due process a)​ Directly, or
b)​ By failure to invoke it PROVIDED the
waiver is certain and unequivocal and
SELF-INCRIMINATION intelligently and willingly made.
-​ Sec. 17, Art. III

-​ Based on: CUSTODIAL INVESTIGATION

1.​ HUMANITARIAN reasons – it is intended to prevent - Sec. 12, Art. III
the State, with all its coercive powers, from - called the “Miranda Doctrine” (Miranda vs Arizona)
extracting from the suspect testimony that may
convict him -​ CUSTODIAL INVESTIGATION defined
2.​ PRACTICAL reasons – a person subjected to such -​ Any questioning initiated by law enforcement officers
compulsion is likely to perjure himself for his own after a person has been taken into custody or
protection otherwise deprived of his freedom of action in any
significant way.
-​ AVAILABLE TO: -​ BEGINS as soon as the investigation is no longer a
-​ Criminal prosecutions, government proceedings, general inquiry unto an unsolved crime, and direction
including civil actions and administrative or is then aimed upon a particular suspect who has been
legislative investigations taken into custody and to whom the police would then
direct interrogatory questions which tend to elicit
-​ MAY BE CLAIMED BY: incriminating statements.
1.​ ACCUSED – at all times; there is a reasonable -​ Shall include the practice of issuing an INVITATION to
assumption that the purpose of his interrogation will a person who is investigated in connection with an
be to incriminate him offense he is suspected to have committed, without
2.​ WITNESS – only when an incriminating question is prejudice to the liability of the inviting officer for any
asked, since the witness has no way of knowing in violation of law.
advance the nature or effect of the question to be
put to him -​ EXTRAJUDICIAL CONFESSION IS ADMISSIBLE when:
-​ He cannot invoke right to a)​ Voluntary
self-incrimination when: b)​ With assistance of counsel
a)​ The question is relevant and c)​ In writing, and
otherwise allowed even if the d)​ Express
answer may tend to
incriminate him or subject -​ RIGHTS UNDER CUSTODIAL INVESTIGATION
 a)​ To be informed of right to remain silent and to counsel 2)​Persons CONVICTED by the trial court. Bail is only
b)​ To be reminded that if he waives his right to remain discretionary pending appeal.
silent, anything he says can and will be used against 3)​Persons who are members of the AFP facing a court
him martial.
c)​ To remain silent
d)​ To have competent and independent counsel -​ OTHER RIGHTS IN RELATION TO BAIL
preferably of own choice 1)​The right to bail shall NOT be impaired even when the
e)​ To be provided with counsel if the person cannot privilege of the writ of habeas corpus is suspended.
afford the services of one 2)​Excessive bail shall not be required.
f)​ No torture, force, violence, threat, intimidation or any
other means which vitiate the free will shall be used -​ FACTORS IN FIXING AMOUNT OF BAIL
against him 1.​ Ability to post bail
g)​ Secret detention places, solitary, incommunicado, or 2.​ Nature of the offense
other similar forms of detention are prohibited 3.​ Penalty imposed by law
h)​ Confessions or admissions obtained in violation of 4.​ Character and reputation of the accused
these rights are inadmissible as evidence 5.​ Health of the accused
(exclusionary rule) 6.​ Strength of the evidence
7.​ Probability of appearing at the trial
-​ WHAT RIGHTS MAY BE WAIVED 8.​ Forfeiture of previous bail bonds
[*** waiver must be in writing and in the presence of 9.​ Whether accused was a fugitive from justice when
counsel] arrested
a)​ Right to remain silent 10.​If accused is under bond in other cases
b)​ Right to Counsel
-​ IMPLICIT LIMITATIONS ON THE RIGHT TO BAIL
-​ WHAT RIGHTS CANNOT BE WAIVED 1.​ The person claiming the right must be in actual
a)​ Right to be informed of his right to remain silent and to detention or custody of the law.
counsel 2.​ The constitutional right is available only in criminal
b)​ Right to counsel when making the waiver of the right cases, not, e.g. in deportation and extradition
to remain silent or to counsel proceedings.

-​ Right to counsel de parte is not unlimited. Accused cannot -​ Note:

repeatedly ask for postponement. He must be provided with 1.​ Right to bail is not available in the military.
counsel de oficio. 2.​ Apart from bail, a person may attain provisional
liberty through recognizance.
-​ RA 7309: victims of unjust imprisonment may file their claims
with the Board of Claims under DOJ
PRESUMPTION OF INNOCENCE
-​ HEARSAY EXCEPTION: any of several deviations from the -​Sec. 14
hearsay rule; allowing the admission of otherwise inadmissible
statements because the circumstances surrounding the -​Burden of proof to establish the guilt of the accused is with the
statements provide a baiss for considering the statements prosecution.
reliable. -​Conviction depends on the strength of prosecution, not on the
-​ RES GESTAE: The declaration of the accused acknowledging weakness of the defense
guilt made to the police desk officer after the crime was
committed may be given in evidence against him by the police -​The presumption may be overcome by contrary presumption
officer to whom the admission was made, as part of the res based on the experience of human conduct. (e.g unexplained
gestae. flight may lead to an inference of guilt, as “the wicked flee when
no man pursueth, but the righteous are as bold as a lion.”)
-​ TERMINATION OF RIGHTS UNDER CUSTODIAL
INVESTIGATION: When Charges are filed against the accused -​ The constitutional presumption will not apply as long as there is
(in such case, Sections 14 and 17 come into play). some rational connection between the fact proved and the
ultimate fact presumed, and the inference of one fact from proof
of another shall not be so unreasonable as to be a purely
BAIL arbitrary mandate. – Cooley
-​ Sec. 13, Art. III
-​ No inference of guilt may be drawn against an accused for his
-​ BAIL defined failure to make a statement of any sort.
-​ Security given for the release of a person in custody of
law, furnished by him or a bondsman, to guaranty his -​EQUIPOISE RULE – evidence of both sides are equally
appearance before any court as may be required balanced, in which case the constitutional presumption of
innocence should tilt the scales in favor of the accused.
-​ FORMS:
a)​ Corporate Surety
b)​ Property Bond RIGHT TO BE HEARD BY HIMSELF AND COUNSEL
c)​ Cash Deposit
d)​ Recognizance -​ Indispensable in any criminal prosecution where the stakes are
the liberty or even the life of the accused
-​ WHO MAY INVOKE: a person under detention even if no
formal charges have yet been filed (Rule 114, Rules of Court) -​ ASISTANCE OF COUNSEL – begins from the time a person is
taken into custody and placed under investigation for the
-​ WHO ARE NOT ENTITLED commission of a crime.
1)​Persons charged with offenses PUNISHABLE by -​ This is not subject to waiver.
RECLUSION PERPETUA or DEATH, when evidence ●​ Right to counsel means the right to EFFECTIVE
of guilt is strong REPRESENTATION.
 ●​ If the accused appears at arraignment without counsel,
the judge must: ●​ IMPARTIAL TRIAL
−​ Inform the accused that he has a right to a ●​ The accused is entitled to the “cold neutrality
counsel before arraignment of an impartial judge”. It is an element of due process.
−​ Ask the accused if he desires the aid of
counsel ●​ PUBLIC TRIAL
−​ If the accused desires counsel, but cannot ●​ The attendance at the trial is open to all
afford one, a counsel de oficio must be irrespective of their relationship to the accused. However, if
appointed the evidence to be adduced is “offensive to decency or
−​ If the accused desires to obtain his own public morals”, the public may be excluded.
counsel, the court must give him a reasonable ●​ The right of the accused to a public trial is not
time to get one. violated if the hearings are conducted on Saturdays, either
with the consent of the accused or if failed to object thereto.

NATURE AND CAUSE OF ACCUSATION ●​ RIGHT TO BE PRESENT AT TRIAL

-​ Sec. 14 A.​ The right to be present covers the period from
ARRAIGNMENT to PROMULGATION of sentence.
-​ PURPOSES OF THE RIGHT
1)​ To furnish the accused with a description of the charge B.​ Trial may proceed notwithstanding absence of accused,
against him as will enable him to make his defenses provided 3 requisites are met. Note, that TRIAL IN
2)​ To avail himself of his conviction or acquittal against a ABSENTIA is allowed only if the accused has been
further prosecution for the same cause validly arraigned.
3)​ To inform the court of the facts alleged. 1.​ Accused has already been arraigned
2.​ Accused has been duly notified of the
-​ CONTROLLING FACTOR trial; and
The description and not the designation of the offense is 3.​ His failure to appear is unjustifiable.
controlling
(The real nature of the crime charged is determined from the C.​ The accused may waive the right to be present at the
recital of facts in the information. It is not determined based on trial by not showing up. However, the court can still
the caption or preamble thereof nor from the specification of compel the attendance of the accused if necessary for
the provision of law allegedly violated.) identification purposes. EXCEPTION: If the accused,
after arraignment, has stipulated that he is indeed the
-​ If the information fails to allege the material elements of the person charged with the offense and named in the
offense, the accused cannot be convicted thereof even if the information, and that any time a witness refers to a
prosecution is able to present evidence during the trial with name by which he is known, the witness is to be
respect to such elements. understood as referring to him.

-​ VOID FOR VAGUENESS RULE – accused is denied the right D.​ Trial in Absentia is mandatory upon the court whenever
to be informed of the charge against him and to due process the accused has been arraigned.
as well, where the statute itself is couched in such indefinite
language that it is not possible for men of ordinary intelligence E.​ There is also Promulgation in Absentia (only in cases
to determine therefrom what acts or omissions are punished of light offenses)
and hence, shall be avoided.
-​ Estrada vs Sandiganbayan: the doctrine merely requires a ●​ While the accused is entitled to be present during
reasonable degree of certainty and not absolute precision or promulgation of judgment, the absence of his counsel during
mathematical exactitude. such promulgation does not affect its validity

●​ The trial in absentia does not abrogate the provisions of the

THE TRIAL Rules of Court regarding forfeiture of bail bond if the accused
●​ FACTORS IN DETERMINING WHETHER THERE IS fails to appear at his trial.
VIOLATION
1)​Time expired from the filing of the information ●​ A court has the power to prohibit a person admitted to bail
2)​Length of delay involved from leaving the Philippines as this is a necessary
3)​Reasons for the delay consequence of the nature and function of a bail bond
4)​Assertion or non-assertion of the right by the accused
5)​Prejudice caused to the defendant.
THE RIGHT OF CONFRONTATION
●​ EFFECT OF DISMISSAL BASED ON VIOLATION OF THIS ●​ To meet the witnesses face to face
RIGHT
●​ PURPOSES OF THE RIGHT
If the dismissal is valid, it amounts to an acquittal and can be ●​ To afford the accused an opportunity to
used as basis to claim double jeopardy. This would be the cross-examine the witness
effect even if the dismissal was made with the consent of the ●​ To allow the judge the opportunity to observe the
accused deportment of the witness

●​ REMEDY IF THE RIGHT IS VIOLATED ●​ FAILURE OF THE ACCUSED TO CROSS-EXAMINE A

1.​ He can move for the dismissal of the case. WITNESS
2.​ If he is detained, he can file a petition for the If the failure of the accused to cross-examine a witness is
issuance of writ of habeas corpus. due to his own fault or was not due to the fault of the
prosecution, the testimony of the witness should be
●​ SPEEDY TRIAL excluded.
●​ Free from vexatious, capricious and oppressive delays
●​ To relieve the accused from needless anxieties before ●​ WHEN THE RIGHT TO CROSS-EXAMINE IS DEMANDABLE
sentence is pronounced upon him It is demandable only during trials. Thus, it cannot be
availed of during preliminary investigations.
 ●​ PRINCIPAL EXCEPTIONS TO THIS RIGHT When does jeopardy ATTACH: (1st requisite) [CICAV]
1.​ The admissibility of “dying declarations” 1)​[C] A person is charged
2.​ Trial in absentia under Section 14(2) 2)​[I] Under a complaint or information sufficient in form and
●​ With respect to child testimony substance to sustain a conviction
3)​[C] Before a court of competent jurisdiction
●​ Testimony of witness who was not cross-examined is not 4)​[A] After the person is arraigned
admissible as evidence for being hearsay. 5)​[V] Such person enters a valid plea.
●​ If a prosecution witness dies before his cross-examination can When does jeopardy NOT attach:
be completed, his direct testimony cannot be stricken off the
record, provided the material points of his direct testimony had 1)​If information does not charge any offense
been covered on cross. 2)​If, upon pleading guilty, the accused presents evidence of
complete self-defense, and the court thereafter acquits him
●​ The right to confrontation may be waived. without entering a new plea of not guilty for accused.
3)​If the information for an offense cognizable by the RTC is filed
with the MTC.
COMPULSORY PROCESS 4)​If a complaint filed for preliminary investigation is dismissed.
●​ The accused is entitled to the issuance of subpoena ad
testificandum and subpoena duces tecum for the purpose of When does first jeopardy TERMINATE: (2ND REQUISITE)
compelling the attendance of witness and the production of
evidence that he may need for his defense. 1)​Acquittal
●​ Failure to obey – punishable as contempt of court. 2)​Conviction
●​ There are exceptional circumstances when the defendant may 3)​Dismissal W/O the EXPRESS consent of the accused
ask for conditional examination, provided the expected 4)​Dismissal on the merits.
testimony is material of any witness under circumstances that
would make him unavailable from attending the trial. Examples of termination of jeopardy:

PROHIBITED PUNISHMENTS 1)​Dismissal based on violation of the right to a speedy trial.

This amounts to an acquittal.
●​ When is a penalty “cruel, degrading and inhuman”? 2)​Dismissal based on a demurrer to evidence. This is a
1.​A penalty is cruel and inhuman if it involves torture or dismissal on the merits.
lingering suffering. Ex. Being drawn and quartered. 3)​Dismissal on motion of the prosecution, subsequent to a
2.​A penalty is degrading if it exposes a person to public motion for reinvestigation filed by the accused.
humiliation. Ex. Being tarred and feathered, then paraded 4)​Discharge of an accused to be a state witness. This amounts
throughout town. to an acquittal.

●​ STANDARDS USED When can the PROSECUTION appeal from an order of

dismissal:
1.​ The punishment must not be so severe as to be
degrading to the dignity of human beings. −​ If dismissal is on motion of the accused. Exception: If motion
2.​ It must not be applied arbitrarily. is based on violation of the right to a speedy trial or on a
3.​ It must not be unacceptable to contemporary society demurrer to evidence.
4.​ It must not be excessive, i.e. it must serve a penal −​ If dismissal does NOT amount to an acquittal or dismissal on
purpose more effectively than a less severe punishment the merits
would. −​ If the question to be passed upon is purely legal.
−​ If the dismissal violates the right of due process of the
●​ EXCESSIVE FINE prosecution.
A fine is excessive, when under any circumstance, it is −​ If the dismissal was made with grave abuse of discretion.
disproportionate to the offense. (Certiorari is applicable only when correcting errors of
jurisdiction, but not in order to correct findings or conclusions
Note: Fr. Bernas says that the accused cannot be of the court)
convicted of the crime to which the punishment is
attached if the court finds that the punishment is cruel,
degrading or inhuman. What are considered to be the “SAME OFFENSE”:
Reason: Without a valid penalty, the law is not a penal 1)​Exact identity between the offenses charged in the first and
law. second cases.
2)​One offense is an attempt to commit or a frustration of the
other offense.
DOUBLE JEOPARDY 3)​One offense is necessarily included or necessary includes the
other.
*** 2 Kinds of Double Jeopardy:
Note: where a single act results in the violation of different laws
1.​When a person is put twice in jeopardy of punishment for
or different provisions of the same law, the prosecution for one
the same offense (1st sentence of Section 21)
will not bar the other so long as none of the exceptions apply.
2.​When a law and an ordinance punish the same act (2nd
sentence of Sec. 21)
II.​SAME ACT
I.​ SAME OFFENSE
Double jeopardy will result if the act punishable under the law
and the ordinance are the same. For there to be double
Requisites for a valid defense of double jeopardy: [ATS]
jeopardy, it is not necessary that the offense be the same.
1)​[A] First jeopardy must have attached prior to the second.
2)​[T] The first jeopardy must have terminated.
3)​[S] The second jeopardy must be for the same offense as that
in the first.
 of Filipino mothers were already considered Filipinos.
SUPERVENING FACTS Therefore, the provision on election of citizenship under the
1)​Under the Rules of Court, a conviction for an offense will not 1987 Constitution only applies to those persons who were born
bar a prosecution for an offense which necessarily includes under the 1935 Constitution. In order for the children to elect
the offense charged in the former information where: Filipino citizenship, the mothers must have been Filipinos at
the time of their marriage. So, if your mother was a Filipina
a)​ The graver offense developed due to a who married an alien under the 1935 constitution and you
supervening fact arising from the same act or
were born before January 17, 1973, you can elect Filipino
omission constituting the former charge.
citizenship upon reaching the age of majority.
b)​ The facts constituting the graver offense became
known or were discovered only after the filing of
the former information. When must the election be made:
c)​ The plea of guilty to the lesser offense was made The election must be made within a reasonable period after
without the consent of the fiscal and the offended reaching the age of majority.
party.
Effects of naturalization:
2)​Under (1)(b), if the facts could have been discovered by the
prosecution but were not discovered because of the ●​ The legitimate minor children of the naturalized father
prosecution’s incompetence, it would not be considered a become Filipinos as well.
supervening event. ●​ The wife also becomes a Filipino citizen, provided that
she does not have any disqualification which would
Effect of appeal by the accused:
bar her from being naturalized.
If the accused appeals his conviction, he WAIVES his right to
plead double jeopardy. The whole case will be open to review
by the appellate court. Such court may even increase the
penalties imposed on the accused by the trial court. Natural-born citizens:
1)​ Citizens of the Philippines from birth who do not need to
perform any act to acquire or perfect their Philippine
Chapter 21. Free access to citizenship.
2)​ Those who elect Philippine citizenship under Art. IV, Sec.
Courts 1(3) of 1987 Constitution.

Marriage of Filipino with an alien:

-​ Sec. 11, Art. III
-​ Social Justice Provision, implemented by the Rules of 1)​ General Rule: The Filipino RETAINS Philippine citizenship
Court provision allowing “pauper suits” 2)​ Exception: If, by their act or omission they are deemed,
-​ Additional guarantee: Adequate legal assistance under the law, to have renounced it.

Examples of renunciation of Philippine citizenship:

Chapter 22. Citizens of the 1)​ Voluntarily obtaining foreign passport
2)​ Pledging allegiance to another country (ex. by becoming a
Philippines naturalized citizen of another country)

Who are citizens of the Philippines? ●​ Re-acquisition of citizenship

Natural-born Filipinos who are deemed to have lost their
citizenship may re-acquire the same via repatriation
1)​ Those who are citizens of the Philippines at the time of the proceedings. This involves taking an oath of allegiance and
adoption of the 1987 Constitution filing the same with the civil registry.
2)​ Those whose fathers or mothers are citizens of the
Philippines.
3)​ Those born before January 17, 1973 of Filipino mothers,
How may one lose citizenship:
who elect Philippine citizenship upon reaching the age of
majority. −​ By naturalization in a foreign country
4)​ Those who are naturalized in accordance with law. −​ By express renunciation of citizenship
−​ By subscribing oath or allegiance to a foreign Constitution
Modes of acquiring citizenship: −​ By serving in the armed forces of an enemy country
−​ By being a deserter of the armed forces of one’s country
1)​ Jus Soli – acquisition of citizenship on the basis of place of
birth
2)​ Jus Sanguinis – acquisition of citizenship on the basis of How may one reacquire citizenship:
blood relationship
3)​ Naturalization – the legal act of adopting an alien and 1.​ By direct act of Congress
clothing him with the privilege of a native-born citizen. 2.​ By naturalization
3.​ By repatriation
Note: The Philippines follows (2) and (3)

Election of citizenship under the 1987 Constitution:

Prior to the 1973 Constitution, if a Filipina married an

alien, she lost her Filipino citizenship. Hence, her child would
have to elect Filipino citizenship upon reaching the age of
majority. Under the 1973 Constitution, however, children born