CONSTI REVIEWER

TABLE OF TESTS
Test Gen. Rule/ Elements Notes/Exception
Gen. Rule: Presumption that the act
M 1. Reasonable Means
Police Power is valid
P 2. Reasonable Purpose
Exception: prior restraint
PROCEDURAL DUE PROCESS

1. Court/ tribunal with judicial power to hear and determine the matter
JP before it
J - LA 2. Jurisdiction must be lawfully acquired over the person or property which
Judicial Proceeding is the subject of the proceedings
O 3. The defendant must be given an opportunity to be heard
4. Judgment must be rendered upon lawful hearing
LH

1. Right to a hearing – including the right of party to present his case and
H submit evidence
2. Tribunal must consider the evidence presented
C 3. Decision must have something to support itself
D 4. Evidence must be substantial
Notice and hearing in judicial and
5. Decision must be based on the evidence presented at the hearing
Administrative Proceeding S 6. Tribunal or body must act on its or his own independent consideration of
quasi-judicial proceedings are
required
EP the law and facts of the controversy
7. Tribunal, in all controversial questions, render its decision in such a
IC manner that the parties to the proceeding can know the various issues
K involved

During the executive phase -

Extradition Proceedings extraditee does not have right to
access evidence
I 1. Students must be informed in writing of nature and cause
A 2. Right to answer charges against them
It does not include right to cross-
Academic Discipline I 3. Be informed of the evidence
examination
A 4. Right to adduce evidence
DC 5. Evidence must be duly considered by investigating committee
Rules on criminal procedure are
Deportation applicable to deportation
proceedings
JC 1. Just Cause
Dismissal
NH 2. Notice & Hearing
Utterly vague on its face when:
Ordinance/ Statue/ Regulation: FN/UB 1. Failure to accord persons fair notice of the conduct to avoid or leaves
Void for Vagueness SC law enforcers unbridled discretion in carrying out provisions
2. Cannot be clarified by saving clause or statutory construction
Nuisance per se - summary without
court
Summary Abatement
Not nuisance per se - need for
judicial intervention
SUBSTANTIVE DUE PROCESS
C 1. Not contravene the Constitution or any statute
U 2. Not unfair or oppressive
P 3. Not partial or discriminatory
Test of Valid Ordinance
T 4. Not prohibit but regulate trade
G 5. Must be general and consistent with public policy
U 6. Not be unreasonable
I 1. Injury in fact
Third Party Standing CR 2. Close relation to the third party
H 3. Hindrance exists to third party’s ability to protect his interest
Statute restrains constitutionally
Overbreadth Doctrine
guaranteed rights
Remedy available to any person whose right to life, liberty or security when
violated or threatened with violation by an unlawful act or omission of a Requires Actual Violation and
public official, employee, or of a private individual or entity Substantial Evidence
Writ of Amparo Doctrine of Command Responsibility
It shall cover extralegal killings and enforced disappearances or threats - not applicable
thereof. Not applicable to adoption cases

DL 1. There be an arrest, detention, or any form of deprivation of liberty

S 2. Carried out with State or political organization support
Enforced Disappearances
3. Refusal to acknowledge or give information
2
R 4. Intention of refusal is to remove person from protection of law
Remedy available to any person whose right to privacy in life, liberty or
Not limited to enforced
security is violated or threatened by an unlawful act or omission of public
disappearance or extralegal killings
Writ of Habeas Data official or employee, or of a private individual or entity engaged in gathering,
Private entity - not limited to those
collecting, or storing of data or information regarding the person, family,
in pursuit of business
home and correspondence of the aggrieved party.
Equal Protection Clause
 Three kinds of Test in determining
reasonableness of classification:
1. Strict scrutiny – government to
show that classification serves a
compelling state interest and
SD 1. Rests on substantial distinction
necessary to further interest
G 2. Germane to the purpose of the law
Reasonable Classification 2. Intermediate – classification is at
C 3. Not limited to existing conditions only
least substantially related to serving
E 4. Must apply equally to all members of the same class
that interest – like gender
3. Minimum or rational basis –
classification is rationally related to
serving a legitimate state interest

May become void due to altered

circumstance; if a statute in its
Relative Constitutionality practical operation becomes
arbitrary is open to inquiry “in light
of changed conditions”
1. Standard rationally connected to performance of the job
RC
Meorin Test/ Bona fide Occupational 2. Standard reasonably necessary to the accomplishment of work-related
RN
Qualification purpose
LW
3. Accomplish legitimate work-related purpose
EXCLUSIONARY RULE
1. Lawful order of the court; or
Valid Intrusion
2. Public safety or order requires otherwise as prescribed by law
FREEDOM OF SPEECH
Gen. Rule: Presumption on prior restraint is not valid
Prior Restraint Exception: when government is at war, obscene publications, incitement to
acts of violence and overthrow of government
1. Censor must have the burden of proving that the film is unprotected by
Constitution
B
2. Requirement cannot lend an effect of finality of decision to censor’s
Not applied the Philippines - MTRC
Procedural Standards in Movie E determination
decisions are executory unless
Censorship 3. Any restraint prior to judicial review must be limited to preservation of
SQ stopped by court
status quo and for the shortest period compatible with sound judicial
P procedure
4. Prompt judicial determination must be assured
Words uttered created a dangerous
Dangerous Tendency Rule tendency which the state has the
right to prevent
There is a substantial evil to
Clear & Present Danger Test
prevent
Courts weight between two
Balancing of Interest
conflicting interest
Supreme Court - dangerous
tendency
Contempt of Supreme Court
Inferior court - clear & present
danger
Content Based Regulation Restraint on substance of speech
P 1. Within constitutional power of government
O' Brien Test: Content Neutral I 2. Furthers an important or substantial governmental interest
Regulation U 3. Governmental interest is unrelated to suppression of freedom
NGT 4. Expression is no greater than is essential to further interest
L 1. Should be provided by law
Regulation of election paraphernalia R 2. Reasonable
when speech is made by non- N 3. Narrowly tailored to meet the objective
candidates LRM 4. Demonstrably the least restrictive means
TPM 5. Regulation must only be with respect to time, place and manner
LA 1. Speech must be a lawful activity & not misleading
Central Hudson Test: Commercial I 2. Substantial Government interest
Speech F 3. Regulation furthers interest
NME 4. Not more extensive than is necessary to serve state interest
Allegation of discreditable act
Immunity - it must not only be true
Publication of charge
Libel but also fair and made in good faith
Identity of person defamed
without any comment
Existence of malice
Private communication made by any person to another in performance of
any legal, moral, or social duty
Fair and true report, made in good faith, without any comments or remarks,
Qualified Privilege Communication
of any judicial, legislative or other official proceeding which are not
confidential of nature
Fair commentaries
Prohibits public official from
recovering damages for a
defamatory falsehood relating to his
New York Times Test
official conduct unless he proves
that statement was made with
actual malice
1. Whether an average person applying contemporary community standard
would find the work, taken as a whole, appeals to prurient interest
CCS-PI
2. Whether the work depicts or describes, in a patently offensive way,
Miller Test: Determining obscenity POW
sexual conduct specifically defined by the applicable law
LAPS
3. Whether the work, taken as whole, lacks serious literary, artistic, political
or scientific value
 FREEDOM OF RELIGION
SP 1. Legislative Secular purpose
Neutrality Test PNI 2. Primary effect which neither prohibits nor inhibits religion
EE 3. Must not require excessive entanglement
Freedom to believe
Free Exercise
Freedom to act
B 1. Claimant must prove burden on the free exercise of religion Allows for accomodation of religion
Benevolent Neutrality test CSI 2. Government must establish legitimate and compelling state interest provided it does not offend
LIM 3. Use least intrusive means compelling state interests
FREEDOM TO CHANGE ABODE AND TRAVEL
The interest of national security,
Limitations public safety, or public health, as
may be provided by law.
RIGHT TO INFORMATION
National security
Trade secrets
Criminal matters which are classified
as law enforcement matters
Limitation Confidential matters – including
diplomatic correspondence, closed
door Cabinet meetings, executive
sessions

PC 1. Public concern
Compelled by Mandamus
NE 2. Not exempted by law
PC 1. There must be a pending case
Anti Graft Cases – before an in- CI 2. Account must be clearly identified
camera inspection may be allowed L 3. Inspection is limited to subject matter
NP 4. Bank personnel and account holder must be notified and present
FREEDOM OF ASSOCIATION
Degree of protection depends on
the position which the association’s
objectives occupies
EMINENT DOMAIN
TP 1. Taking of property
Elements PU 2. Public Use
JC 3. Just Compensation
1. Expropriator must enter a private property
E 2. Entrance into private property must be for more than momentary period/
MP limited period
Taking WLA 3. Entry should be under warrant or color of legal authority
PU 4. Property must be devoted to public use
D 5. Utilization of property for public use must be in such a way as to oust or
deprive owner all beneficial enjoyment of property
FMV 1. Fair market value Subject to consquential damages
Just Compensation
P 2. Payment within reasonable period and benefits
At the time of taking or filling of
Computation of Value expropriation case - whichever is
earlier
Judicial Review
[Link] & definite offer – not accepted
O-NA
2. Ordinance
Local Government exercise O
3. Public use & welfare
expropriation PU
4. Just compensation
JC
LGU – deposit 15% of FMV based
on current tax declaration
National Government – deposit
assessed value
Purposes of entry prior full payment
Infrastructure projects – direct
payment of proferred value which is
full zonal amount

NON-IMPAIRMENT CLAUSE
C
Law changes terms and conditions
I
Impairment Imposes new conditions and dispose those expressed
D
Authorizes satisfaction different from those provided
A
E 1. Existence of emergency
L 2. Legitimate end
Valid Impairment A 3. Appropriate relief
R 4. Reasonable condition
T 5. Temporary in operation