CONSTITUTIONAL LAW II

MIDTERM EXAM REVIEWER

2. Public use or purpose

THREE INHERENT POWERS OF THE STATE
3. There must be payment (or just
compensation)
TAXATION 4. Observance of Due Process
- Must be substantive
- Form of taking; property: real estate
- The means must be reasonable
- Basically, to raised revenues for public - Proper notice to the property owner
purpose (income, infrastructure, and compliance with the Constitution as well
development; must be seen by the taxpayers as Rule 67 of the Rules of Court.
and enjoyed by the taxpayers; for the people;
fundamentally that is the law, allowed by law Differentiate Police Power and Eminent Domain
to be used by people. ✓ Police Power – is regularity for public interest
sought to be reasonable
- Rule of law is to balance between the power
✓ Eminent Domain – for taking must not be paid
and people (final arbiter – court) with just compensation
- An inherent power to tax; the power to tax is
the power to destroy; the court is the final Limitation of Eminent Domain
✓ Public use requirement
arbiter.
✓ Must be necessarily
1. Must be uniform and progressive ✓ The government cannot take more than
2. It is a territorial – jurisdiction of the territory property that is necessary
3. Concept of life-blood doctrine – no money, no ✓ There must be just compensation
tax, no operation of the government Public-Private Relationship = “public-project” projects
4. Prohibition of double taxation – the State ✓ The government can collaborate project with
cannot tax for the same purpose (unjust private contractors
enrichment) ✓ Flexible with private entities and must be
5. EXP: religions, charitable institutions, justified
education, pwd COMPARISON BETWEEN TAXATION, POLICE POWER AND
6. Law on Taxation – doctrines, purpose, EMINENT DOMAIN
characteristics Similarities of the Power of the State
7. Direct and Indirect Tax (the burden can be shifted)
1. These three (3) Power of the State are
indispensable to the existence of the State
(the burden to pay the tax lies on the taxpayer)
2. These three (3) fundamental Power of the State
are inherent power of the State
POLICE POWER The government simply regulates 3. These means that the State can interfere when
the private rights and properties of the people
- Related to general welfare (associated with
4. These powers are generally lodge in the
public health, morals; must be justified, e.g.
legislative branch
lockdown, infrastructure, traffic isolation,
5. Equivalent compensation on benefit
social justice)
- Fundamental power of the State Differences of the Power of the State
- Higher or superior rank of the power of the According to Purpose
State and the state can exercise it Police Power Eminent Domain Taxation
-regulate for the -taking of property -raise revenues for
- The voice of the people must be supreme
common good; fund, public use the government to
How do we measure the reasonableness of the regulation as and just continue to
exercise of the Police Power? long as justify compensation operate
1. The exercise of the Police Power must not be the common
duly oppressive or confiscatory good
2. There must be a reasonable relationship According to Compensation
between the means employed and the public Police Power Eminent Domain Taxation
interest sought to be protected. -if there is -if the property -the
regulation, there was expropriated, improvements,
is compensation there is just progress,
EMINENT DOMAIN More on Special Civil Action
to the public (e.g. compensation developments in
- Rule 67 of the Rules of Court permits) infrastructure by
the government
- Expropriation = taking by the government
According to Object
of the private property for public use upon
Police Power Eminent Domain Taxation
payment of just compensation. -people and - property of the -property, donor
Four Traits/Element property people tax, etc., people
1. Taking – if the taking is for public purpose and privilege
(where the public will benefit to it)
 ARTICLE III – BILL OF RIGHTS 1. Substantive due process
- The law itself; how the law is being
SECTION 1 - No person shall be deprived of life, implemented.
liberty, or property without due process of law, nor - Whether the government has an adequate
shall any person be denied the equal protection of reason for taking away a person’s life, liberty,
the laws. or property. In other words, it looks to whether
there is a sufficient justification for the
What to study in Section 1? government’s action.
- What is Due Process - It can prove that the law is necessary to
- Right to Life, Liberty, and Property achieve a compelling government purpose.
- Equal Protection of the Law (e.g. Illegal Dismissal – qualified theft that is
- Valid Classification requisites valid cause)
Void for Vagueness Doctrine
- Due process requires that the terms of a penal
LIFE – the state of animals, plants and humans or of an statute must be sufficiently explicit to inform
organized being, in which its natural functions and those who are subject to it what conduct on
motions are performed. their part will render them liable to its
LIBERTY – not an absolute right ; person’s freedom of penalties.
movement is restricted without a clear legal basis or - The law is declared void if it is so vague that an
ordinary person of a common intelligence
due process; deemed to embrace the right of man to
cannot understand what the law allows or
enjoy the facilities with which he has been endowed by penalize.
his Creator; rights of the citizen to be free to use his 2. Procedural due process
faculties in all lawful ways to live and work, right to - Which hears before it condemns, which
make this choice. Liberty should be the rule and proceeds upon inquiry and renders judgment
restraint, the exception. only after trial.
- Refers to procedures that the government
PROPERTY – right to possessed; right to own;
must follow before it deprives a person of life,
immovable or real property or movable personal liberty, or property.
property.
Requisites of Civil due process
The right to be alive • Impartial court or tribunal clothed with judicial
- Living with dignity; quality of life; assurance power to hear and determine the matters
from the government before.
- The right to life and liberty is useless when you • Jurisdiction properly acquired over the person
face constant threat. of the defendant and over property which is
- The right to security of person his life, his the subject matter of the proceedings.
limbs, his body, his health, and his reputation. • Opportunity to be heard
Due Process of Law • Judgment rendered upon lawful hearing and
- A law which hears before it condemns, which based on evidence adduced.
proceeds upon inquiry and renders judgment Requisites of Criminal due process
only after trial. • The accused has been heard by a court of
- Opportunity to be heard through notice and competent jurisdiction.
hearing. • The accused is proceeded against under the
orderly processes of law.
Notice and hearing
• The accused is given notice and opportunity to
- Due process of law requires notice and
be heard.
hearing; presupposes a competent and
• The judgment rendered is within the authority
impartial tribunal.
of the constitutional law.
- Cornerstone of due process, ensuring that
Requisites of Administrative due process
only judgment regarding life, liberty, and
• The right to actual or constructive notice of the
property is rendered fairly.
institution of proceedings which may affect a
Aspects of Due Process respondent’s legal rights.
- Substantive and procedural • A real opportunity to be heard personally or
- Substantive = whether there is a sufficient with the assistance of counsel, to present
justification for the government’s action. witnesses and evidence in one’s favor, and to
- Procedural = refers to the procedures that the defend one’s rights.
government must follow before it deprives a • Counsels are indispensable and clients can
person of life, liberty, or property. present for opportunity for consideration.
Appeal is not a natural right or part of due process –
not part of due process; a person cannot be
deprived of his rights. It is a mere statutory right or - A strict scrutiny of classifications is essential
privilege and may be exercised only in the manner lest wittingly or otherwise, insidious
and in accordance with the provisions of law. discriminations are made in favor of or against
groups or types of individuals.
Equal Protection of the Law
- The Court cannot validate badges of
- Not an absolute equality is embraced in the
inequality.
concept of due process and must be treated
- Election to the position of Congressman is not
alike.
a reasonable classification in criminal law
- Does not demand absolute equality among
enforcement.
residents; it merely requires that all persons
- Lawful arrest and confinement are germane to
shall be treated alike, under like
the purpose of the law and apply to all those
circumstances and conditions both as to
belonging to the same class.
privileges conferred and liabilities enforced.
- The fact that the constituents are aware of the
Equal protection requires uniformity
conviction. Election to Congress does not
- Equal protection clause requires that the law
make you a different person of the same class
operates uniformly on all persons under
that are convicted of the crime.
similar circumstances or that all persons are
treated in the same manner. Allows SECTION 2 - The right of the people to be secure
reasonable classification. in their persons, houses, papers, and effects against
Equal protection limits governmental discrimination unreasonable searches and seizures of whatever
- Requires that all persons or things similarly nature and for any purpose shall be inviolable, and
situated should be treated alike, both as to no search warrant or warrant of arrest shall issue
rights conferred and responsibilities imposed. except upon probable cause to be determined
personally by the judge after examination under
Equal protection does not require absolute equality
oath or affirmation of the complainant and the
- Directed principally against undue favor and witnesses he may produce, and particularly
individual or class privilege. If classification is describing the place to be searched and the persons
germane to the purpose of the law, concerns or things to be seized.
all members of the class, and applies equally
to present and future conditions, the - This constitutional provision prevents
classification does not violate the equal violations of privacy and security in person
protection guarantee. and property and protects against “unlawful
Equal pay for equal work is equal protection invasion of the sanctity of the home, by
- give highest priority to the enactment of officers of the law acting under legislative or
measures that protect and enhance the right judicial sanction.
of all people to human dignity, reduce social, - The right to be secured in persons, houses,
economic, and political inequalities. papers and effects.
- Discrimination particularly in terms of wages - Determining of probable cause
is frowned upon by the Labor Code. - Only the judge can issue a warrant of arrest or
- “Equal pay for equal work” search warrant.
- Persons who work with substantially equal - A person can be issued a warrant of arrest –
qualifications, skills, effort and responsibility, document issued by the Court, suspected to
under similar conditions, should be paid be liable for the alleged crime.
similar salaries. - A person can be issued a search warrant –
document mandating law enforcement in a
Reasonable and valid classification particular area/place.
To be valid, it must conform to the following
requirements: Issuances of Warrant of Arrest
A. It must be based on substantial distinctions - Sec. 4 Rule 126, Rules on Criminal Procedure
B. It must be germane to the purposes of the - A search warrant shall not issue except upon
law probable cause in connection with one
C. It must not be limited to existing conditions specific offense to be determined personally
only by the judge after examination under oath or
D. It must apply equally to members of the affirmation of the complainant and the
class witness he may produce and particularly
describing the place to be searched and the
Election to public office is not a reasonable things to be seized which may be anywhere in
classification the Philippines.
 - “Probable Cause” – probability that the - This section puts emphasis on the rights of
person committed the crime; in the issuance privacy guaranty by the constitution and the most
of warrant preliminary investigation (cases threatened rights.
founded to the Court, are those with sufficient - The State thru Police Power can regulate as stated
evidence) ; facts and circumstances that in Sec. 3 for public safety.
would lead a reasonably discreet and prudent - “Zones of Privacy” your rights to privacy have
man to believe that an offense has been been reenforced by other laws (Remedial,
committed and the objects sought in Criminal, Civil, Special Proceedings)
connection with the offense are in the place - Provisions of the Revised Penal Code
sought to be searched. • Article 229, 230 – revelation of secrets,
because of this revelation, damage to
General Rule: Must issue a written warrant for both public interest; certain information from
“warrant of arrest" and "search warrant” private individuals (e.g. custodian officer)
Exemptions: Warrantless of arrest/valid warrantless ; (1) public in nature, (2) several secrets of
arrest; Sec. 5, Rule 113 Rules of Court individual official because of their public
capacity.
Lawful warrantless arrest • Article 280 – trespass to dwelling
1. Inflagrante delicto – caught in the act arrest • Article 290, 291, 292 – seized the
(e.g. buy bust operation) employee because of public capacity;
2. Hot pursuit arrest – personal knowledge of the individual or manufactural; revealing
arresting officer (e.g. surveillance if there are secrets to the advantage to your
suspicious act of the person; buy-bust competitor and there were damages;
operation) stresses on the confidentiality and
3. Escapee – a prisoner who has escaped from a privacy because of your official capacity.
penal establishment or place where he is - Provisions in Remedial Law
serving final judgment or is temporarily • Rules of Court (Rule 130) privilege
confined while his case is still pending; the law communication, exchanging of
enforcement officer has already a personal conversation of two individuals;
knowledge of the identity of the suspect, cannot be revealed without the
consent of the other person for reason
Search Warrant
Exemptions: of public policy.
✓ Privilege Communication as
1. Public consent – waiver to search
2. Lawful arrest – void warrantless arrest as recognized by jurisdiction
incident thereto, search warrant is valid a. Marital Communication – all
communication or exchange
3. Moving vehicle – aircraft
4. Surprise search for sanitation check – part of conversations during the
marriage shall be kept private
regulation
5. Checkpoints – for public safety within the husband and wife;
cannot be compelled. EXP:
6. “stop-and-frisk” situation
cases of adultery or
7. Plain view doctrine – on seizure (e.g. stored
items; Gen. Rule: cannot be seized but the concubinage
stored item was labelled as illegal item) b. Lawyer-Client – your relationship between the
lawyer and client is built with fiduciary
Elements relationship with trust and confidence. EXP:
cases involving crimes
• Prior valid inclusion
c. Doctor-Patient – to trust the Doctor and to
• Evidence inadvertently
keep all the information of the patient with
• The evidence was immediately apparent
utmost confidentiality.
• There is a seizure without further search
d. Priest-Clergy – during confession; keep the
information private
SECTION 3 - The privacy of communication and e. State secrets doctrine – information must be
correspondence shall be inviolable except upon kept secret because of official capacity of the
lawful order of the court, or when public safety or person that may influence national security
order requires otherwise, as prescribed by law. and trade secrets. EXP: a person with criminal
liability
Any evidence obtained in violation of this or the
preceding section shall be inadmissible for any f. Trade secrets
purpose in any proceeding.
 g. Media – gather information through sources. ✓ Dangerous Tendency Test
EXP: if the information affects national - Permits the restrictions between the
security. speech and the danger apprehended the
tendency of one was shown.
- Special Penal Laws – examples are the Anti-
- National connection
Wiretapping Law, Bank Secrecy (EXP: during Audit,
- The speech and the danger spoken
in cases of bank fraud), Intellectual Property Code
(same with e-commerce puts emphasis on the CASE: G.R. NO. L-27833___RAY GONZALES VS
privacy), Data Privacy Act (guaranteed to the State,
Cyber-crime prevention and Voyeurism As between two – clear present danger
(threatened for scandals. test (freedom of speech, expression,
CASE: G.R. NO.107383___ZULUETA VS CA and press puts higher restrictions)
while dangerous tendency test, puts on
SECTION 4 - No law shall be passed abridging the probability test.
freedom of speech, of expression, or of the press, or ✓ Balancing of interest test
the right of the people peaceably to assemble and - The Courts need to balance conflicting
petition the government for redress of grievances.
social values and individual interests and
- Freedom of Speech, Expression, and of the requires a conscious and detailed
Press and the right to Public Assembly consideration of the interplay of interest’s
- A preferred status of the Constitution observable in a given situation; it demands
- This freedom allows people to disuse publicly the greater protection under the particular
that the people can get information circumstances presented.
- Right to Suffrage – through speech and press
✓ Content-based restrictions
(e.g. broadcast to the television, radio) to
- The content has no proper motive or can
enlighten judgment among the candidate of a
cause overwhelming
specific position.
- Not an absolute right with restrictions
✓ Content neutral restrictions
- exercise of freedom carries with this the - Merely on standards to review
burden and responsively may amount to libel,
cyber libel, slander, and oral defamation. STUDY ON VOID OR VAGUENESS,
• In Public Assembly Act OVERBREADTH DOCTRINE, THE O’BRIEN TEST
- Purpose: present a particular issue, opinion,
protest or influence. - Provisions of the Revised Penal Code
- Place of Assembly: highways, public area, • Article 353, 354, 355 – Libel case
freedom parks Elements: (1) imputation of
- Requirements: Application for permit
discredit; (2) act of imputation
- Clear and present danger to public
made public; and (3) identity of the
- The permit is for the use of the public in the
person. EXP: (1) private
exercise of the public assembly (application
for permit is only to the use of the place)
communication in the
performance; (2) fair and true
CASE: G.R. NO.126183__DELA CRUZ VS CA report made in good faith
CASE: G.R. NO.124440__ • In Libel case, every discreditable,
• Test for Valid Restrictions imputable is presumed in false.
✓ Clear and Present Danger Test Every false imputative is presumed
- Whether the words used covered a clear malicious. The presumption is that
and present danger it is libel. EXP: if the imputation is
- “clear and present” discredit against public person in
their public capacity.
(apparent, manifest, obvious) (time element)
- “substantive evil”
• EXP to the EXP: Tulfo vs Fermin, if
the report is not related to the
(inevitable words)
performance of the duties of the
- Puts premium on the right or freedom of the public official.
press

CASE: G.R. NO. 119678___INC VS CA

CASE: G.R. NO.161082_ ENGR. WILDEMAR B. Free Exercise Clause
CAPA and DIMPNA CAPA vs CA____ 1. Freedom to believe – an absolute right
- Fair and true report – impartial and honest; 2. Freedom to act on one’s belief – subject to
based on faster, correct, exact and duress regulation
CASE: G.R. NO.157643_ FERMIN_vs PP CASE: ESTRADA VS ESCRITOR
- If the utterance is malicious or irrelevant in
matters of public interest
SECTION 6 - The liberty of abode and of changing
the same within the limits prescribed by law shall
ADMIN-08-2008 not be impaired except upon lawful order of the
- Cyber libel crime is still the same with libel court. Neither shall the right to travel be impaired
case in RPC 353, 354, 355 except in the interest of national security, public
CASE: G.R. NO.258534 ALFONSO vs Landbank safety, or public health, as may be provided by law.
- The SC ruled that cyber libel is not a new Rights guaranteed
crime; only that there are new means 1. Liberty of abode – constitutional right to
- Committed thru computers and other choose and change one’s residence
electronic devices; reverted back to the 2. Right to travel - freedom of locomotion or
prescriptive period which is one (1) year. movement in and out of the country.
CASE: G.R. NO.240310 TOLENTINO vs PEOPLE
- Cyber liber has prescriptive period of 12 years Limitations on the liberty of abode
1. Upon lawful order of the court
SECTION 5 - No law shall be made respecting an 2. Within the limits of prescribed by law
establishment of religion or prohibiting the free
exercise thereof. The free exercise and enjoyment of
religious profession and worship, without
discrimination or preference, shall forever be
allowed. No religious test shall be required for the
exercise of civil or political rights.
- Religion is the sigh of the oppressed creature,
the heart of a heartless world, and the soul of
soulless conditions. It is the opium of the
people.
- Religious freedom – a constitutional mandate
is not inhibition of profound reverence for
religion and is not denial of its influence in
human affairs.

Separation of Church and State

1. freedom of religion clause
2. non-establishment of religion clause
3. no religious test clause
4. no sectoral representative from religious
sector
Scope of Religious Freedom
A. Non-Establishment Clause
- (a) The State cannot set up a church; (b) the
State cannot pass laws which aid one religion,
all religions or prefer one over another; (c) the
State cannot influence a person to remain or
to go away from a church against his will and
(d) the State cannot force a person to profess
a belief or disbelief in any religion.
- Restricts what the government can do with
religion, it also limits what religious sects can
or cannot do.
CASE: G.R. NO.L-26097 ANUCENSION vs
NATIONAL LABOR UNION