WAG MO BIGAY SA IBA PLS SAYO KO LANG NISHARE

Week 2: PART III – I, II, III, IV Right arising from a social contract
PART III - PHILIPPINE AND INTERNATIONAL
HUMAN RIGHTS LAW Cultural Right
I. KINDS AND HEIRARCHY OF RIGHTS Right to enjoy one’s own culture and participate in the
A. Natural, Constitutional, Statutory Rights cultural life of the community.
● Classification According to Source Ex. speak the language, practice tradition, etc.

Natural Rights C. 3 Generations of Rights – Reference: See

● These are the rights inherent to man and given Hornbook on International Law
to him by God as a human being. and Philippine Human Rights Laws by Atty.
Ex. right to live, love, and be happy. Petralba, p. 13.

Constitutional Rights Generation

● These are the rights guaranteed under the The term generation refers to the succession of when
fundamental charter of the country. societies and governments began with recognizing a
● To guarantee rights arbitrary intrusion by the set of rights though not necessarily in the order of man's
government priority for man's first priority was more economic than
political, such as the right to food, etc., are right
Statutory Rights recognized by humans long before governments and
● These are rights provided by the law—making rulers came into being.
body of a country or by law, such as the right to
receive a minimum wage and the right to 3 Generations of Rights - The order of recognition
preliminary investigation. internationally
● To enable the provisions of the Constitution. 1. First generation human rights refer mostly to
the political rights and civil liberties found in the
B. Civil, Political, Economic, Social, Cultural Rights International Covenant on Civil and Political
● Classification According to Nature Rights. These are the “negative” rights in the
sense that they prohibit the doing of something.
Civil Right They are the “No one shall” rights.
Right specified under the Bill of rights. They are the Ex. prohibition against searches and seizures,
rights enjoyed by an individual by virtue of his interruption of peaceful meetings, or undue
citizenship in a shape or community. intervention to the freedom of expression.
Ex. Right to freedom of speech, right to information
-Civil and Political Rights
Political Right -Guaranteed in the bill of rights. Mandatory
Right an individual enjoys as a consequence of being a without enabling law/ self-executing
member of a body politic. -FOR LIBERTY
Ex. right to vote, right to be voted into public office.
2. Second generation human rights are
Right to participate in the governance of the State. “positive” rights that enjoin States to perform an
act or do something for the enjoyment of these
Economic Rights rights by the people. These are mostly
Right to property, whether personal, real or intellectual. economic, social, and cultural rights found in
Ex. right to use and dispose of his property, right to the International Convention on Economic,
practice one’s profession, and the right to make a living. Social, and Cultural Rights. They are the “State
shall” rights.
Social Right Ex. right to work, to education, and to food.
Right to an adequate standard of living, adequate -Economic, Social and Cultural Rights
housing, and food; the right to highest attainable -Articles 13 and 14 in the Constitution
standard of health; the right to education and social -Needs enabling law to realize them.
security. -Just like in Article 2, they are not self executing
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-FOR EQUALITY

3. Third generation human rights are newly

emerging rights, These are also known as
solidarity rights.
Ex. right to development, the right of the people
to live in a clean environment, right to live in
peace, etc.
-FOR GLOBAL COOPERATION

D. Life, Liberty (Pursuit of happiness), Property

Rights
GENERAL CLASSIFICATION OF RIGHTS
These rights are not treated equally, some rights are
more preferred than others.

Life
Life includes the right of an individual to his body in its
completeness free from dismemberment and extends
to the use of god given faculties which make life and
enjoyable.
Not only the right to live but includes the right to live a
good life, pursuit of happiness

Liberty
Liberty includes the right to exist and the right to be free
from arbitrary personal restraint or servitude. It includes
the right of the citizen to be free to use his faculties and
all lawful ways.
Freedom

Property
All the rights over the property and all the attributes of
ownership
Property is anything that comes under the right of
ownership and can be the subject of contract. It
represents more than the things a person owns; it
includes the right to secure use and dispose of them.
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II. FUNDAMENTAL POWERS OF THE STATE statute
A. Inherent powers: Police Power, Eminent Domain, b. Must not be unfair or oppressive
Taxation c. Must not be partial or discriminatory
d. Must not prohibit but regulate trade
Powers necessary to the existence of the State. e. Must not be unreasonable
Inherent powers of the State- no need for law to grant f. Must be general in application and consistent
such power. with public policy

Power of Eminent Domain

POWER MEANS ENDS
● “Power of Expropriation”
Police Power Limit (Rights) General ● The inherent right of the state to condemn private
Welfare property to public use upon payment of just
compensation
Eminent Take (Private Public Use ● Property interests are appropriated and applied to
Domain Property)
some public purpose and thus payment of just
Taxation Collect Raise Revenue compensation is necessary.
● Only if the owner does not want to sell the property

Although there is no need to grant such power. There Sec. 9, Art III limites the exercise.
must be a law that authorizes its exercise. It is
“Section 9. Private property shall not be taken
inherently legislative in nature for public use without just compensation.”

Police Power
Easement of Right of Way
● The power of promoting public welfare by
● Acquisition of an easement of a right of way fails
restraining and regulating the use and enjoyment of within the purview of the ED
liberty and property.
Court that has jurisdiction: RTC
Scope ● The court is duty bound to determine the amount of
● Most pervasive, least limitable, most demanding just compensation to be paid for the property
● Justification: Salus populi est suprema lex; sic utere
● Also has the same jurisdiction to try the issue on
tuo ut alienum non laedas.
ownership
● Cannot be bargained away through treaty or ○ To determine who is entitled to be indemnified
contract
by the expropriation
● Taxing power & eminent domain may be used as
○ The defendant in an expropriation case who
implement has objections to the taking of his property is
required to file an answer.
Limitation (Test for Valid Exercise)
1. Lawful subject Plaintiff has no right to dismiss the case
a. The interest of the public in general as
● Because the landowner may have already suffered
distinguished from those of a particular class,
damages
require the exercise of the power
2. Lawful means Requisite for Exercise of ED
a. The means employed are reasonably ● Necessity
necessary for the accomplishment of the
○ If exercised by the legislature, necessity is a
purpose and not unduly oppressive on political question
individuals ○ If delegated, justiciable
3. Additional Limitations
● Private property
a. Express grant by law ○ Private property already devoted to public use
b. Within territorial limits cannot be expropriated
c. Must not be contrary to law
○ All private property except money and choses
4. For municipal ordinances to be valid:
in action
a. Must not contravene the constitution or any
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● Taking in the constitutional sense ○ at the time of the taking or at the time of the
○ May include trespass without actual eviction filing WHICHEVER is earlier.
○ Prevention of the ordinary use ● Must also be paid within a reasonable time
○ Imposition of a burden upon the owner ● Forbearance 12% / 6% from the time of taking
○ Requisite for valid taking ○ Except: when the expropriating agency already
■ The expropriator must enter the property deposited an amount representing the zonal
■ Entry must be for more than a momentary value of the property
period Title to the property
■ Entry must be under warrant of color of ● GR: Does not pass until full payment
authority ○ EXC: Agrarian reform
■ Property must be devoted to public use
■ Utilization must be in such a way as to oust Taxes paid
the owner and deprive him of beneficial ● GR: Reimbursable
enjoyment of the property ○ EXC: capital gains tax Commented [1]: *Memorize
● Public use
○ General concept of meeting public need or Due Process
public exigency ● Defendant must be given opportunity to be heard
○ synonymous with public interest, public health, ● Notice is part of due process
welfare, convenience
● Just compensation Taxation
○ Full and fair equivalent of the property taken ● The power to raise revenue in order to defray the
■ The sum of money which a person desirous expenses of the government. It is the way of
but not compelled to but and an owner apportioning the costs of government among those
willing but not compelled to sell would who in some measure are privileged to enjoy its
agree on as a price benefits and must bear its burden
■ From the total compensation must be
deducted from the value of the Limitation of taxation
consequential benefits ● Due process: tax should not be confiscatory
■ Within a reasonable time from taking ● Equal protection: taxes should be uniform and
● Need to appoint commissioners equitable
○ Appointed by the court, but not bound by them
○ Not mandatory in agrarian reform Double taxation
○ When may the court substitute its own ● Additional taxes are:
estimate? ○ laid on the same subject,
■ Commissioners have applied illegal ○ by the same taxing jurisdiction,
principles to the evidence submitted to ○ during the same taxing period,
them ○ and for the same purpose
■ They have disregarded a clear ● Not allowed if will result in violation o f equal
preponderance of evidence protection
■ Where the amount is grossly inadequate of
excessive Tax Exemption
● Needs concurrence of a majority of all the members
Form of Compensation of the congress
● Must be in cash of in land bank bonds
● Withdrawal of deposit by rejecting landowner B. Similarities and differences
○ Allowed Similarities
● Reckoning point of market value ● Exercised without need of express constitutional
○ As of the time of the taking, not as of the time grant
of the failing of the complaint ● Necessary and indispensable
○ Criterion: the nature of the land at the time of ● Methods by which state interferes with private
taking property
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● Presupposes equivalent compensation ● The amount to be paid shall be determined by the
● Exercised primarily by the legislative proper court

Differences Taxation
● Primarily, legislature
Police Power Eminent Taxation
Domain ● LGU (Sec. 5, Art. X)
● President (Sec. 28(2), Art. VI)
Regulates which right

Regulates Only property

liberty &
property

Exercise by

government Private entities government

Confiscated property

Usually noxious Wholesome and devoted to public

or intended for use or purpose
a noxious
purpose

Compensation

Intangible, Full and fair Protection

altruistic feeling equivalent of given and/or
that the the property public
individual has taken improvements
contributed to instituted by
the public good government for
the taxes paid

C. Who exercise the power?

Police Power
● Inherently vested in the legislature
● May be delegated to the:
○ President
○ Administrative bodies
○ law making bodies of LGU (under general
welfare)

Eminent Domain
● Congress
● By delegation
○ President
○ Administrative body
○ LGU
○ Private enterprise performing public service

When eminent domain is exercised by LGU

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the exercise of fundamental right or operate to the
III. DUE PROCESS, ARTICLE III, SECTION 1 peculiar class disadvantage of a suspect class. The
“No Person shall be deprived of life, liberty, or Government carries the burden to prove that the
property without due process of law, nor shall any classification is necessary to achieve compelling state
person be denied the equal protection of laws.” interest and that it is the least restrictive means to
(Section 1, Article III, 1987 Constitution) protect such interest. (Mosqueda v Pilipino Banana
Growers and Exporters Association, GR 189185, 16
DUE PROCESS – is the guarantee against any Aug 2016)
arbitrariness on the part of the government, whether
committed by the legislative, the executive or the To justify the exercise of police power, there must be a
judiciary. reasonable connection between the purpose of the law
and the means employed.
ESSENCE OF DUE PROCESS – It is the opportunity to
be heard or an opportunity to explain one’s side or an The purpose must be valid and to be valid it must be to
opportunity to seek a reconsideration of the action or promote the general welfare.
ruling complained of.
Purpose: promote general welfare (ex, public safety,
May include citizens or aliens as long as it is within the health, morals, comfort and convenience, policy,
jurisdiction of the state welfare; promote social welfare]) - legitimate state
interest
A. Relativity of due process
Once it is determined that due process applies, Means: to limit your right Commented [2]: reasonable connection between
the question remains what process is due. It has been Two ways lawful purpose and means employed
so often held by this court and others that due process 1. prohibit Commented [3]: _*POLICE POWER_*
is flexible and calls for such procedural protection as the 2. regulate *purpose:* promote general welfare (ex, public safety,
particular situation demands (Cafeteria and Restaurant health, morals, comfort, policy, welfare; promote social
welfare])
Workers’ Union v McElroy). A precise definition of due - if lawful act, cannot be prohibited; only regulated. (ex.
process might prove constricting and prevent the di ka pwede pagbawalan kumain) *means*: to limit your right
judiciary from adjusting it to the circumstances of >> if prohibited, invalid means employed _Two ways_
particular cases and to the ever-changing conditions of 1. prohibit
2. regulate
society. (CRUZ) – BEDA MEMAID - if unlawful act, cannot be regulated; only prohibited
To say that the concept of due process is (ex. rape) - if lawful act, cannot be prohibited; only regulated. (ex.
flexible does not mean that judges are at large to apply di ka pwede pagbawalan kumain)
>> if prohibited, invalid means employed
it to any and all relationships. Its flexibility is in its scope ** minsan ginagamit "prohibit" pero actually regulate
once it has been determined that some process is due; lang - if unlawful act, cannot be regulated; only prohibited
it is a recognition that not all situation calling for (ex. rape)
procedural safeguards call for the same kind of Basis of Reason
** minsan ginagamit "prohibit" pero actually regulate
procedure (Morrissey v Brewer) – BEDA MEMAID. 1. Experience/ Empirical lang
2. Scientific
Commented [4]: *Basis of Reason*
Due process has no exact definition in the constitution. 3. Medical findings
1. Experience
Leaves the interpretation to the courts without having to 4. Social science / statistics, survey 2. Scientific
amend the constitution. 3. Medical findings
Generally, a law which hears before it condemns. pag wala, unreasonable. 4. Social science / statistics, survey

pag wala, unreasonable.

B. Judicial standards of review
Commented [5]: *Clear*
1. Reasonable / Rational connection test 2. Clear and present danger test
- degree of the danger
The Rational basis scrutiny (also known as the rational Whether the words are used in such circumstances and - real yung danger, not something imagined
relation test or rational basis test) demands that the of such a nature as to create a clear and present danger
classification reasonably relate to the legislative that they will bring about the substantive evils that the *Present*
- imminence of the danger
purpose. The strict scrutiny review applies when a State has the right to prevent. “The substantive evil
legislative classification impermissibly interferes with must be extremely serious and the degree of ** substantive as to pose danger
ex:
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imminence extremely high before utterances can be right
punished” -Right of Liberty and Property Prevails over property
-Applies to Life and Liberty Only right
-There must be a substantive evil which possesses
clear and present danger. -Right to join association is a Life and Liberty Right
-”Clear'' pertains to the degree of danger. Real not -Right to contract is a property right
imagined, surmises or conjecture. To an extent that it -There is also a state policy which prohibits employer
poses danger which requires the protection of the state. to stop employees from joining union (yellow dog
-”Present” pertains to proximity contract)
-Contracts must not be contrary to law and public
3. Dangerous tendency test policy
As explained in Cabansag v. Fernandez, if the words
uttered create a dangerous tendency of an evil which -Closed Shop Agreement Commented [6]: A closed shop agreement is a
the State has the right to prevent, then such words are -Right to join includes right not to join contract between an employer and a labor union that
punishable. It is sufficient if the natural tendency and -SC said, closed shop agreement is not illegal, but in stipulates that the employer will only hire workers from
a specific union and those workers can only remain
the probable effect of the utterance were to bring about accordance with the policy of the State in promoting with that employer while they are a part of the union
the substantive evil that the legislative body seeks to unionism. that the agreement covers.
prevent. -SC - even life and liberty may be limited by the State
in the exercise of police power to promote general
Cases: welfare.
- PBM Employees Org. v PBM, GR L-31195, 5 Jun
1973 -Religion Prohibits Joining any organization
- Ermita- Malate Hotel and Motel Operators v City -SC, if the reason is religion, although it is the policy of
Mayor,GR L-24693, 23 Oct 1967 the state, the right of religion cannot be just limited
- Cruz v Paras, GR L-42571-72, 25 July 1983 unless the state has a compelling interest and it is the
- City of Manila v Judge Laguio, GR 118127, 12 Apr least restrictive means. In the hierarchy of right, the
2005 right of religion occupies a high position, it can only be
- White Light v City of Manila, GR 122846, 20 Jan limited if there is a clear and and present danger
2009
C. Two Aspects of Due Process:
4. Balancing of Interest test
Balancing of Interests Test. “When particular conduct
SUBSTANTIVE PROCEDURAL
is regulated in the interest of public order, and the
regulation results in an indirect, conditional, or partial
abridgment of speech, the duty of the courts is to AS TO NATURE
determine which of the two conflicting interests
demands the greater protection under the particular
It requires that the law It constitutes the
circumstances presented”. In Zaldivar v.
itself, not merely the method or manner by
Sandiganbayan, the Supreme Court said that the
procedure which the which the law is
“clear and present danger rule” is not the only test
law should be enforced.
which has been recognized and applied by the courts.
enforced, is fair,
Another criterion for permissible limitation on freedoms
reasonable and just.
of speech and of the press is the “balancing of interests
test”, which requires a court to take conscious and AS TO WHO MUST COMPLY WITH THE
detailed consideration of the interplay of interests REQUIREMENT
observable in a given situation (Ayer Productions v.
Capulon It is directed to the It is addressed to
-Usually test for Right vs Right lawmakers those who adjudicates

-Right to Contract is property right AS TO THE REQUIREMENTS TO BE

-Right against involuntary servitude is a Life and liberty COMPLIED WITH
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It implies the It is the right to be

fundamental notion of notified and heard -There must be publication including the rules and
fairness and justice regulation and such must be given to the UP LAW
ONAR.
Except: Those internal rules which do not affect public
1. Substantive due process - This serves as a interest. Commented [7]: there is a law in itself must be
restriction on government's law- and rule- making Exception to the exception: If internal rules which affect reasonable; reasonable connection test
powers. It requires the intrinsic validity of the law in public interest, it must be published.
interfering with the rights of the person to his life, liberty >see GMA v MTRCB
or property. (Cruz).
-there is a law in itself must be reasonable; reasonable GR: Must be published kahit na quasi-legislative and
connection test submission sa ONAR kahit hindi administrative bodies
basta rule-making
There must be a reasonable connection between the Exception:
end and the means. 1. IRR internal to the office (no public interest)
● Empirical basis Exception to the exception
● Statistical basis ● Affects the public (eg. mag-iiba formulation ng
● Scientific basis tax, etc)
Pag naka-specify ang class of people and law enacted
Precautionary Principle (BT Talong) by congress, it’s a function of quasi-judicial; thus, needs
when human activities may lead to threats of serious notice of hearing.
and irreversible damage to the environment that is
scientifically plausible but uncertain, actions shall be Cases:
taken to avoid or diminish that threat. - Tanada v Tuvera, GR L-63915, 29 Dec 1986
- GMA v MTRCB, GR 148579, 5 Feb 2007
Elements: - Knights of Rizal v DMCI Homes, Inc., GR 213948,
1. Uncertainty of threat 25 Apr 2017
a. If threat is certain, preventitve - Evasco v Montanez, GR 199172, 21 Feb 2018
measures shall be applied - Mayor Fernando v St. Scholastica’s College, GR
2. Will cause series or environmental health 16107, 12 May 2013
damage - Mosqueda v Pilipino Banana Growers and
3. Damage is irreversible Exporters Association, GR 189185, 16 Aug 2016
● Biased is xxx ecology, to preserve and protect
the environment 2. Procedural Due Process - This serves as a
restriction on actions of judicial and quasi- judicial
The requisites are: (Nachura) agencies of government.
i. The interests of the public, in general, as
distinguished from those of a particular class, require TWO (2) Areas of Application of Procedural due
the intervention of the State. Process:
ii. The means employed are reasonably 1. Procedural due process in judicial proceedings;
necessary for the accomplishment of the purpose, and 2. Procedural process in administrative
not unduly oppressive on individuals. proceedings.

The requisites are: (Cruz, Memaid) Requisites of Procedural Process in Judicial

i. There must be a valid law upon which it is Proceedings [IJOH]: memorize
based i. An Impartial court or tribunal clothed
ii. The law must have been passed or approved with judicial power to hear and determine the matter
to accomplish a valid Governmental objective before it.
iii. The objective must be pursued in a lawful The power to hear and determine the subject
manner; and matter before it.
iv. The law as well as the means to accomplish the Clothed by law- jurisdiction over the subject
objective must be valid and not oppressive.
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matter. - Republic v Sereno, GR 237428, Resolution for
ii. Jurisdiction must be lawfully acquired M.R., 19 Jun 2018
over the person of the defendant or over the property - Borlongan v BDO, GR 217617; GR 218590, 5 Apr
which is the subject matter of the proceeding. 2017
iii. The defendant must be given the - AllIance for the Family Foundation Phil., Inc., v
Opportunity to be heard. Garin, Resolution on Partial M.R., GR 217872; Gr
iv. Judgment must be rendered upon 221866, 26 Apr 2017
lawful Hearing. - Government of the U.S.A. v Purganan, GR 148571,
24 Sep 2002
GR: Must be notice of hearing kahit na quasi-judicial
D. Constitutional and statutory due process
Requisites of Procedural Process in Administrative
Proceedings: CONSTITUTIONAL DUE PROCESS- protects the
-For those performing quasi-judicial functions individual from the government and assures him of his
i. Right to hearing – it includes right to rights in criminal, civil, or administrative proceedings;
present one’s case and submit evidence to support
thereof; STATUTORY DUE PROCESS- refers to the guarantee
ii. The tribunal must consider the found in statutes enacted by Congress, luke the one
Evidence presented; found in the Labor Code and Implementing Rules
iii. Evidence presented must be Protecting employees from being unjustly terminated
substantial, which means relevant evidence as a without just cause after notice and hearing. (Agabon v
reasonable mind might accept as adequate to support NLRC)
a conclusion;
iv. The decision must have something to Case: Agabon v NLRC, GR 158693, 17 Nov 17 2004
support itself
v. The decision must be based on
evidence presented during hearing or at least contained
in the recorD and disclosed by the parties
vi. The tribunal or body of its judges must
act on its own independent consideration of the law and
facts of the controversy; and
vii. The decision must be rendered in a
manner that the parties can know the various issues
involved and the reason the decision was rendered.
(Ang Tibay v CIR)

Administrative due process Only applicable in exercise

of quasi-judicial powers

Right to appeal is not a natural right or part of due

process. It is mere statutory, but once given, denial
constitutes violation of due process

Cases:
- Nestle Philipiines, Inc., v Puedan, GR 220617, 30
Jan 2017
- Turks Shawarma Company v Pajaton, GR 207156,
16 Jan 2017
- Estate of F.E. Marcos v Republic, GR 213227, 18
Jan 2017
- Lagon v Velasco, GR 208424, 14 Feb 2018
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IV. EQUAL PROTECTION, ARTICLE III, SECTION 1 restrictive means for achieving that interest, and the
A. Concept burden befalls upon the state to prove the same.
All persons similarly situated must be similarly treated
both as to rights conferred and responsibilities imposed.
It does not demand absolute equality.
Rational basis Intrm. Scrutiny Strict scrutiny

-What is contemplated here is equality in law Applicability

-sometimes the law allows classification
Legislative Legislative Legislative
B. Requisites for valid classification [SAGE] classifications classification classification
● It must be based on Substantial distinction; in general, such based on affecting
○ Kailan substantial? Pag may as pertaining gender or fundamental
connection sa purpose of the law those to illegitimacy rights or
● It must be Germane to the purpose of the law; economic or suspect classes Commented [8]: relevant
● It must not be limited to Existing conditions social
legislation,
only; and
which do not
○ Ormoc sugar affect
● It must apply equally to All members of the fundamental
class. rights or
C. Judicial standards of review suspect
1. Rational basis test classes, or is
The guarantee of the equal protection of the laws is not not based on
gender or
violated by legislation based on reasonable
illegitimacy
classification.
This standard of review is typically quite deferential; As to legislative purpose
legislative classifications are presumed to be valid
largely for the reason that the drawing of lines that
Must be Must be Must be
create distinctions is peculiarly a legislative task and legitimate important compelling
unavoidable one.
Relationship of classification to the purpose
The challenged classification needs only to be shown
that there is a rational relation in the classification in Classification Classification Classification
serving a legitimate state interest. must be must be must be
rationally substantially necessary and
2. Intermediate scrutiny test related to the related to the narrowly
It is used as a test for evaluating classification based on purpose purpose tailored to the
gender and legitimacy. The government must show purpose
that the challenged classification serves as an
important state interest and that the classification
is at least substantially related to serving that
interest.

3. Strict scrutiny test

It is applied when the challenged statute either:
a. Classifies on the basis of an inherently suspect
characteristic; or
b. Infringes fundamental constitutional rights

Under the strict scrutiny test, the focus is on the

presence of compelling, rather than substantial,
governmental interest and on the absence of less EQUAL PROTECTION STANDARDS OF JUDICIAL
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REVIEW - Telebap and GMA v Comelec, GR 132922, 21 Apr
1998
TEST MEANS END SI - State
- Serrano v Gallant Maritime Services, Inc., GR
(CLASSIFI (PURPOSE/ Interest 167614, 24 Mar 2009
CATION) STATE - Garcia v Drilon, GR 179267, 25 Jun 2013
INTEREST)

RATIONAL RATIONAL LEGITIMATE PROPERT

BASIS LY STATE Y RIGHTS
RELATED INTEREST
(Medical, (Public Safety,
Empirical, health, etc)
Scientific,
Stats)

INTERME Substantial Important SI Quasi-

DIATE ly Related Suspect
SCRUTIN Classificatio
Y n (Gender,
Social
Orientation,
Legitimacy
of Birth)
Commercial
Speech

STRICT NECESSA COMPELLING Involving

SCRUTIN RILY STATE Fundament
Y RELATED INTEREST al Rights
(There is a + LEAST (There must be (Right of
presumptio RESTRICT clear and Religion,
n that it is IVE present Freedom of
unconstitut MEANS danger) Speech,
ional) Right to
travel) or
Highly
Suspect
Class
(Race,
Alienage,
National
Origin,
Religion)

Determination of test to be applied

● Dependent on the nature of the rights affected
Cases:
- PASEI v Drilon, GR 81958 30 Jun 1988
- People v Hernandez, GR L-6025, 30 May 1964
- Nunez v Sandiganbayan, GR L-50581-50617 30 Jan
1982
- Abubakar v People, GR 202408; 202409, 27 Jun
2018
- Gallardo v People, GR 142030, 21 Apr 2005
- Tiu v CA, GR 127410, 20 Jan 1999
- ISAE v Quisumbing, GR 128845, 1 Jun 2000
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V. Police Power 3 Dec 2013
- Drugstore Asso. of the Phil. v National
A. Concept, application and limits Council on Disability Affairs, GR 194561,
14 Sep 2016
Police Power
● The power of promoting public welfare by C. Delegation to Administrative bodies,
restraining and regulating the use and enjoyment of Local government units
liberty and property. Who may exercise the power
● The power is inherently vested in the legislature.
Scope However, Congress may validly delegate this
● Most pervasive, least limitable, most demanding power to the President, to administrative bodies
● Justification: Salus populi est suprema lex; sic utere and to law making bodies of local government units.
tuo ut alienum non laedas. Local Government units exercise the power under
● Cannot be bargained away through treaty or the general welfare clause [Sec. 16, RA 7160], and
contract under Secs. 391, 447, 458, RA 7160.
● Taxing power & eminent domain may be used as
implement For municipal ordinances to be valid: [CUP-RUP]
● Must not contravene the Constitution or any statute
Limitation (Test for Valid Exercise) ● Must not be Unfair or oppressive
5. Lawful subject ● Must not be Partial or discriminatory
a. The interest of the public in general as ● Must not prohibit but Regulate trade
distinguished from those of a particular class, ● Must not be Unreasonable
require the exercise of the power ● Must be general in application and consistent with
6. Lawful means Public policy
a. The means employed are reasonably
necessary for the accomplishment of the Kinds of Police Power(?)
purpose and not unduly oppressive on "The first, known as the general legislative power,
individuals authorizes the municipal council to enact ordinances
7. Additional Limitations and make regulations not repugnant to law, as may be
a. Express grant by law necessary to carry into effect and discharge the powers
b. Within territorial limits and duties conferred upon the municipal council by law.
c. Must not be contrary to law
The second, known as the police power proper,
B. Requisites for valid exercise authorizes the municipality to enact ordinances as may Commented [9]: Not sure if this is already the same as
The proper exercise of the police power requires be necessary and proper for the health and safety, the limitation above. Specifically, lawful subject and
compliance with the following requisites: prosperity, morals, peace, good order, comfort, and lawful means.
d. The interest of the public generally, as convenience of the municipality and its inhabitants, and Commented [10]: May case to eh pero nakalimutan ko
distinguished from those of a particular class, for the protection of their property." na pero yeah same nga to
require the interference by the State; and
e. The means employed are reasonably THERE MUST BE A VALID DELEGATION
necessary for the attainment of the object SUFFICIENT STANDARD
sought and not unduly oppressive upon COMPLETENESS TEST
individuals.

Cases:
Cases: - Social Justice Society v Atienza, Jr., GR
- Southern Luzon Drug Corp. v DSWD, GR 156052, 7 Mar 2007
199669, 25 Apr 2017 - Meralco v Sps. Ramos, GR 195145, 10 Feb
- Carlos Superdrug Corp. v DSWD, GR 2016
16694, 29 Jun 29 2007 - MMDA v Viron, GR 170656 15 Aug 2007
- Manila Memorial Park v DSWD, GR 175356, - Association of Medical Clinic for Overseas
WAG MO BIGAY SA IBA PLS SAYO KO LANG NISHARE
Workers, Inc. v GCC Approved Medicalo
Center Association, GR 207132, 6
Dec 2016
- St. Luke’s Medical Center Employees
Asso. v NLRC, GR 162053, 7 Mar 2007
WAG MO BIGAY SA IBA PLS SAYO KO LANG NISHARE
VI. Eminent Domain Power, Article III, Section 9; ■ Entry must be under warrant of color of
Article XII, Section 18 (Compare to Art XII, Sec authority
17) ■ Property must be devoted to public use
■ Utilization must be in such a way as to oust
A. Definition, Concept the owner and deprive him of beneficial
Power of Eminent Domain enjoyment of the property
● “Power of Expropriation”
● The inherent right of the state to condemn private
property to public use upon payment of just Cases:
compensation - Republic v Vda. De Castelvi, GR L-20620,
● Property interests are appropriated and applied to 15 Aug 1974
some public purpose and thus payment of just - City of Manila v Laguio, GR 118127, 12 Apr
compensation is necessary. 2005 (Possessory v Regulatory taking)
- RP (Napocor) v Heirs of Borbon, CA, GR
Sec. 9, Art III limites the exercise. 165354, 12 Jan 2015
“Section 9. Private property shall not be taken
for public use without just compensation.” b. Deprivation of Use

Easement of Right of Way Cases:

● Acquisition of an easement of a right of way fails - Republic v Sps. Llamas (Illegal Taking of
within the purview of the ED Subdivision Roads), GR 194190, 25 Jan 2017
- Bartolata v Republic, GR 223534, 7 Jun
Court that has jurisdiction: RTC 2017
● The court is duty bound to determine the amount of - Napocor v Gutierrez, GR L-60077, 18 Jan
just compensation to be paid for the property 1991
● Also has the same jurisdiction to try the issue on - PPI v Comelec, GR L-11994, 22 May 1995
ownership
○ To determine who is entitled to be indemnified
by the expropriation
○ The defendant in an expropriation case who
has objections to the taking of his property is 2. Private Property
required to file an answer.
- Distinguish; Property of public dominion,
Plaintiff has no right to dismiss the case Property for public use, patrimonial
● Because the landowner may have already suffered property, property of private
damages2 ownership Art. 420-425, New Civil Code

B. Requisites for valid exercise ● Private property

1. Taking ○ Private property already devoted to public use
a. What constitutes taking; Types cannot be expropriated
● Taking in the constitutional sense ○ All private property except money and choses
○ May include trespass without actual eviction, in action
○ Material impairment of the value of the
property, or
○ Prevention of the ordinary use for which the Cases:
property was intended - City of Baguio v Nawasa, GR L-12032, 31
○ Imposition of a burden upon the owner Aug 1959
○ Requisite for valid taking - Zamboanga del Norte v City of
■ The expropriator must enter the property Zamboanga, GR L-24440, 28 Mar 1968
■ Entry must be for more than a momentary
period 3. For Public Use
WAG MO BIGAY SA IBA PLS SAYO KO LANG NISHARE
○ General concept of meeting public need or preponderance of evidence
public exigency ■ Where the amount is grossly inadequate of
○ synonymous with public interest, public health, excessive
welfare, convenience
○ The meaning of “public use” has also been Form of Compensation
broadened to cover uses which, while not ● Must be in cash or in land bank bonds
directly available to the public, redound to their ● Withdrawal of deposit by rejecting landowner
indirect advantage or benefit ○ Allowed
● Reckoning point of market value
○ As of the time of the taking, not as of the time
Cases: of the filing of the complaint
- Manosca v CA, GR 106440, 29 Jan 1996 ○ Criterion: the nature of the land at the time of
- Mactan-Cebu Int’l Airport Authority v CA, taking
GR 139495, 27 Nov 2000 (Right to repurchase/ ● Must also be paid within a reasonable time
re-acquire the property) ● Forbearance 12% / 6% from the time of taking
- Mactan-Cebu Int’l Airport v Lozada, GR ○ Except: when the expropriating agency already
176625, 25 Feb 2010, (Change of public purpose) deposited an amount representing the zonal
value of the property
4. Payment of Just Compensation Title to the property
● Just compensation ● GR: Does not pass until full payment
○ Full and fair equivalent of the property taken ○ EXC: Agrarian reform
■ The Market Value of the property Non payment just compensation
■ The sum of money which a person desirous ● GR: Does not entitle the private landowners to
but not compelled to but and an owner recover possession of the expropriated lots but only
willing but not compelled to sell would to demand payment of the fair market value.
agree on as a price ○ EXC: In Republic of the Philippines v. Vicente
■ From the total compensation must be Lim, G.R. No. 161656, June 29, 2005, It was
deducted from the value of the then held that where the government fails to
consequential benefits pay just compensation within five years from
■ Within a reasonable time from taking the finality of the judgment in the expropriation
■ Judicial prerogative. The ascertainment of proceedings, the owners concerned shall have
what constitutes just compensation for the right to recover possession of their property.
property taken in eminent domain cases is
a judicial prerogative. Taxes paid
■ The RTC as Special Agrarian Court is ● GR: Reimbursable
given original and exclusive jurisdicton over ○ EXC: capital gains tax
two categories of cases, namely:
1. All petitions for the determination of just Due Process
compensation to landowners; and ● Defendant must be given opportunity to be heard
2. Prosecution of all criminal offenses ● Notice is part of due process
under RA 6657. ● Right to repurchase or re-acquire the property
depends upon the character of the titled acquired
● Need to appoint commissioners by the expropriator, i.e., if the f land is expropriated
○ Appointed by the court, but not bound by them for a particular purpose with the condition that when
○ Not mandatory in agrarian reform that purpose is ended or abandoned, the property
○ When may the court substitute its own shall revert to the former owner, then the former
estimate? owner can re-acquire the of the judgment in the
■ Commissioners have applied illegal expropriation case were very clear and
principles to the evidence submitted to unequivocal, granting title to the lot in fee simple to
them the Republic. No condition on the right to
■ They have disregarded a clear repurchase was imposed.
WAG MO BIGAY SA IBA PLS SAYO KO LANG NISHARE
domain is genuine necessity and that necessity
Cases: must be of public character.
- Republic v Macabagdal, GR 227215, 30 Jan
2018 (definition) - RA 7279 (Urban Devt. and Housing Act of
- Napocor v Sps. Chiong, GR 152436, 20 Jun 1992), Secs. 9-10
20 2003 (Consequential damage and benefit) - RA 6657 (Comprehensive Agrarian Reform
- EPZA v Dulay, GR L-59603, 29 Apr 1987 Law), Secs 4 & 9, art. XIII
(who determines?) - RA 7160 (Local Govt. Code of 1991), Sec.
- Heirs of Feliciano, Jr. v Land Bank, GR 19, Art. 32-42 IRR of LGC
215290, 11 Jan 2017 (DAR formula)
- Esteban v De Onorio, GR 146062, 28 Jun Cases:
28 2001 (when determined?) - Filstream International v CA, GR 125218,
- City of Cebu v Sps. Dedamo, GR 142971, 7 23 Jan 1998
May 7 2002 (time of taking) - Jesus is Lord Christian School Foundation
- Asso. of Small Landowners v DAR, GR v Mun. of Pasig, GR 152230, 4 Aug 2005
78742, 14 Jul 1989 (form/manner of payment)
- Meralco v Pineda, GR L-59791, 13 Feb
1992, (Trial with Commissioners), XV. Right to Property in Eminent Domain Cases,
- NPC v Henson,), GR 129998, 29 Dec 1998, Article III, Section 9, supra.
(Report of Commissioners)
- Sec. of DPWH and Engr. Contreras v Sps VII. Taxation Power
Tecson, GR 179334, 21 Apr 2015 (Delay in
payment; Legal Rate of Interest) A. Definition, Nature, Purpose, Scope
- Republic v Lim, GR 161656, 29 Jun 29 2005,
(Right to Recover)
- Napocor v Heirs of Sangkay, GR 165828,
24 Aug 24 2011 (Inverse Condemnation)

C. Delegation to Administrative Bodies,

Local Government Units, and Private Corporations
● Congress and, by delegation, the President,
administrative bodies, local government units, and
even private enterprises performing public services
may exercise the power.
● Local Government Unit have no inherent power of
eminent domain; they can exercise the power only
when expressly authorized by the Legislature.
● Sec. 19 of the LGC confers such power to the local
governments, but the power is not absolute; it is
subject to statutory requirements.

1. Genuine Necessity of Taking

Necessity
○ If exercised by the legislature, necessity is a
political question
○ If delegated, justiciable
○ The RTC has the power to inquire into the
legality of the exercise of the right of eminent
domain and to determine whether there is a
genuine necessity for it.
○ The foundation of the right to exercise eminent
WAG MO BIGAY SA IBA PLS SAYO KO LANG NISHARE
Taxation to fix within specified limits, and subject to such
● The power to raise revenue in order to defray the limitations and restrictions as it may impose, tariff rates,
expenses of the government. It is the way of import and export quotas, tonnage and wharfage dues,
apportioning the costs of government among those and other duties or imposts within the framework of the
who in some measure are privileged to enjoy its national development program of the Government.
benefits and must bear its burden
(3) Charitable institutions, churches and parsonages or
To exact contribution from the people to raise revenue convents appurtenant thereto, mosques, non-profit
for the govt; to raise funds cemeteries, and all lands, buildings, and improvements,
actually, directly, and exclusively used for religious,
Means employed charitable, or educational purposes shall be exempt
● The collection of taxes from taxation.

Nature: (4) No law granting any tax exemption shall be passed

● Inherent without the concurrence of a majority of all the Members
● Must be precise and with procedure of the Congress.
● Congress must pass the law
Art. XIV, Sec. 4 (3)
Purpose: (3) All revenues and assets of non-stock, non-profit
1. To raise revenue educational institutions used actually, directly, and
2. Tool for regulation exclusively for educational purposes shall be exempt
3. Protection/power to keep alive from taxes and duties. Upon the dissolution or cessation
of the corporate existence of such institutions, their
Lifeblood theory and Necessity theory assets shall be disposed of in the manner provided by
Taxes are the lifeblood of the government, for without law.
taxes, the government can neither exist nor endure. A
principal attribute of sovereignty, the exercise of taxing Proprietary educational institutions, including those
power derives its source from the very existence of the cooperatively owned, may likewise be entitled to such
state whose social contract with its citizens obliges it to exemptions subject to the limitations provided by law
promote public interest and common good. The theory including restrictions on dividends and provisions for
behind the exercise of the power to tax emanates from reinvestment.
necessity; without taxes, government cannot fulfill its
mandate of promoting the general welfare and well- Art. XIV, Sec. 4 (4)
being of the people. (4) Subject to conditions prescribed by law, all grants,
endowments, donations, or contributions used actually,
Limitation of taxation directly, and exclusively for educational purposes shall
● There must be a law; must not violate the equal be exempt from tax.
protection, must be given due process
● Due process: tax should not be confiscatory Kinds of educational institutions
● Equal protection: taxes should be uniform and 1. Non-stock, non-profit (revenue & assets)
equitable 2. Proprietary (only if congress exempts them)

B. Requisites for valid exercise, Art. VI, Sec 28; Art. Art. X, Sec 5
XIV, Sec. 4 (3); LGU; Art. X, Sec 5 SECTION 5. Each local government unit shall have the
power to create its own sources of revenues and to levy
Art. VI, Sec 28 taxes, fees, and charges subject to such guidelines and
SECTION 28. (1) The rule of taxation shall be uniform limitations as the Congress may provide, consistent
and equitable. The Congress shall evolve a progressive with the basic policy of local autonomy. Such taxes,
system of taxation. fees, and charges shall accrue exclusively to the local
governments.
(2) The Congress may, by law, authorize the President Cases:
WAG MO BIGAY SA IBA PLS SAYO KO LANG NISHARE
-CIR v Algue, GR L-28896, 17 Feb 1998, ○ during the same taxing period,
(lifeblood of government) ○ and for the same purpose
- City of Pasig & Crispina Salumbre v ● Despite lack of specific constitutional prohibition,
Meralco, GR 181710, 7 Mar 2018 double taxation will not be allowed if the same will
result in a violation of the equal protection clause.

C. Tax Exemptions
Tax Exemption Case: City of Manila v Cosmos Bottling
● Needs concurrence of a majority of all the members Company Corp. v GR 196681, 27 Jun 2018
of the congress
E. License Fees v Tax
Requisite:
Sec. 28 (4), Art. VI, Constitution
License Fee Tax
No law granting any tax exemption shall be passed
without the concurrence of a majority of all the Members As to nature
of Congress.
License fee is a police Tax is a revenue
Tax Exemptions under the 1987 Constitution measure measure
● Sec. 28, Art. VI
Charitable institutions, churches and parsonages or As to the amount
convents appurtenant thereto, mosques, non-profit
cemeteries, and all lands, buildings and improvements,
Amount collected for a Amount of tax may be
actually, directly and exclusively used for religious, license fee is limited to unlimited provided it is
charitable or educational purposes shall be exempt the cost of permit and not confiscatory.
from taxation. reasonable police
● Sec. 4 (3) Art. XIV regulation, except when
All revenues and assets of non-stock, non-profit the license fee is
educational institutions used actually, directly and imposed on a non-useful
occupation.
exclusively for educational purposes shall be exempt
from taxes and duties, x x x Proprietary educational As to purpose
institutions, including those co-operatively owned, may
likewise be entitled to such exemptions subject to the
License fee is paid for Tax is imposed on
limitations provided by law including restrictions on
the privilege of doing persons or property for
dividends and provisions for reinvestment. something, and may be revenue.
● Sec. 4 Art. XIV revoked when public
Subject to conditions prescribed by law, ail grants, interest so requires.
endowments, donations, or contributions used actually,
directly and exclusively for educational purposes shall Kinds of license fee
be exempt from tax. 1. For useful occupations or enterprises; and
2. For non-useful occupations or enterprises.
Where tax exemption is granted gratuitously, it may be When a license fee is imposed in order to
revoked at will; but not if granted for a valuable discourage non-useful occupations or
consideration. enterprises, the amount imposed may be a bit
exorbitant.
Case: CIR v DLSU, GR 196596, 9 Nov 2016
Case: Physical Therapy Org. v Municipal
D. Double Taxation Board, GR 10448, 30 Aug 1957
Double taxation
● Additional taxes are:
○ laid on the same subject, XV. Right to Property in Eminent Domain Cases,
○ by the same taxing jurisdiction, Article III, Section 9, supra.
WAG MO BIGAY SA IBA PLS SAYO KO LANG NISHARE
It is well settled that eminent domain is an inherent
power of the State that need not be granted even by
the fundamental law.

Sec. 9, Art. Ill of the Constitution, in mandating that

“private property shall not be taken for public use
without just compensation”, merely imposes a limit on
the government’s exercise of this power and provides a
measure of protection to the individual’s right to
property.

An ejectment suit should not ordinarily prevail over the

State’s power of eminent domain [Republic v. Tagle,
G.R. No. 129079, December 2, 1998]
WAG MO BIGAY SA IBA PLS SAYO KO LANG NISHARE
Right against unreasonable searches and seizures important decisions
(Right to be let alone), Article III, Section 2
b. Informational privacy
Refers to the interest in avoiding disclosure of personal
SECTION 2. The right of the people to be secure in
their persons, houses, papers, and effects against matters
unreasonable searches and seizures of whatever
nature and for any purpose shall be inviolable, and no Two aspects:
search warrant or warrant of arrest shall issue except 1.1. right not to have information disclosed
upon probable cause to be determined personally by 2.2. right to live freely without surveillance and
the judge after examination under oath or affirmation intrusion
of the complainant and the witnesses he may
produce, and particularly describing the place to be
searched and the persons or things to be seized. Two aspects
● Right not to have private information disclosed
*memorize
● Right to live freely without surveillance and
intrusion
Always put general rule only, except when exceptions
are asked.
ii. Two-fold tests in determining entitlement to the
If may qualifications or condition, put the qualification
right
and conditions tapos check mo facts if papasok.
1.1. subjective test (legitimate expectation of
privacy)
A. Concept
Where one claiming the right must have an actual or
legitimate expectation of privacy over a certain matter
Right to Privacy
● Right to be left alone
2.2. objective test (society accepts expectation as
reasonable)
1. Zones of Privacy - Constitutional guarantee
Where his or her expectation of privacy must be one
society is prepared to accept as objectively reasonable
Zones of Privacy, concept
General Rule: Any form of intrusion is impermissible
May be limited by police power, using clear and present
Exception: Excused by law and in accordance with
danger test or strict scrutiny test
customary legal process
3. To whom directed
Includes Sec 2, 3
Who may invoke
Exclusionary rule (how the consti protects)
● Available to all persons
● Inadmissible xxx
○ Including aliens
○ Whether accused of a crime or not
Reason
● Artificial persons are also entitled
● Privacy is constitutional right and the right most
○ Exc: may be required to open their books of
valued by civilized men
account for examinations in the exercise of
● Adherence to the Universal Declaration of Human
police power and taxation
Rights
May be violated only by the state; not by private persons
Zone of Privacy
1) Right against unreasonable searches and
Warrant of arrest v. search warrant
seizures
2) Right to privacy of communication and
Anong kailangan para maging reasonable? Kailangan
correspondence
ng warrant.

2. Categories of privacy
Case:
a. Decisional privacy
People v Andre Marti, GR 81561, 18 Jan 1991
Involves the right to independence in making certain
WAG MO BIGAY SA IBA PLS SAYO KO LANG NISHARE
which the criminal action is pending
4. Who may invoke the right?
The right is personal The judge may order the quashal of the warrant he
It may be invoked only by the person entitled to the right issued even after the same had already been
implemented
The right may be waived Effect: items seized shall be inadmissible in evidence
Waiver must be made by the one whose right is
invaded, not by one who is not duly authorized to effect General Rule: Only a judge may issue a warrant
such waiver Exception: administrative authorities, only for the
purpose of carrying out a final finding of a violation of
Objections to unreasonable search and seizure law (eg. an order of deportation or an order of contempt,
● Must be made before the accused enter his but not for investigation or prosecution)
plea
● Their act of entering a plea during their Cases:
arraignment constitutes waiver Bache and Co. (Phil.) Inc., v Judge Ruiz, GR L-
● Fling of charges and issuance of warrant of 32409, 27 Feb 1971
arrest will cure the defect of detention Stonehill v Diokno, GR L-19550, 19 Jun 19 1967

To whom directed B. Requisites for a valid warrant

Only against the government and its agencies tasked
with the enforcement of the law
Section 6. When warrant of arrest may issue. —
(a) By the Regional Trial Court. — Within ten (10)
Protection cannot extend to acts committed by private days from the filing of the complaint or information,
individuals so as to bring them within the ambit of the judge shall personally evaluate the resolution of
alleged unlawful intrusion by the government. the prosecutor and its supporting evidence. He may
immediately dismiss the case if the evidence on
Judicial determination record clearly fails to establish probable cause. If he
finds probable cause, he shall issue a warrant of
What constitutes a reasonable search and seizure is a
arrest, or a commitment order if the accused has
judicial question. already been arrested pursuant to a warrant issued
by the judge who conducted the preliminary
Some procedural rules investigation or when the complaint or information
The illegality of the arrest does not affect the jurisdiction was filed pursuant to section 7 of this Rule. In case of
of the trial court doubt on the existence of probable cause, the judge
may order the prosecutor to present additional
Reason: Because it may be waived
evidence within five (5) days from notice and the
issue must be resolved by the court within thirty (30)
A court whose territorial jurisdiction does not embrace days from the filing of the complaint of information.
the pLace to be searched may issue a search where the
obtention of such search warrant is necessitated and (b) By the Municipal Trial Court. — When required
justified by compelling considerations of urgency, pursuant to the second paragraph of section 1 of this
subject, time, and place Rule, the preliminary investigation of cases falling
under the original jurisdiction of the Metropolitan Trial
● The existence of compelling reasons Is
Court, Municipal Trial Court in Cities, Municipal Trial
addressed to the sound discretion of the trial Court, or Municipal Circuit Trial Court may be
court where the application is filed conducted by either the judge or the prosecutor.
When conducted by the prosecutor, the procedure for
The moment an information is filed with the RTC, it is the issuance of a warrant or arrest by the judge shall
that court which must issue the warrant of arrest be governed by paragraph (a) of this section. When
the investigation is conducted by the judge himself,
he shall follow the procedure provided in section 3 of
Where a search warrant is issued by one court and the
this Rule. If the findings and recommendations are
criminal action is commenced in another court affirmed by the provincial or city prosecutor, or by the
● motion to quash the warrant may be filed for the Ombudsman or his deputy, and the corresponding
first time in either the issuing court or that in information is filed, he shall issue a warrant of arrest.
WAG MO BIGAY SA IBA PLS SAYO KO LANG NISHARE
AAA v Carbonell, GR 171465, 8 Jun 2007
However, without waiting for the conclusion of the
investigation, the judge may issue a warrant of arrest People and Pastrana v Abad, GR 196025, 21 Feb
if he finds after an examination in writing and under 2018
oath of the complainant and his witnesses in the form
of searching question and answers, that a probable 2. Issued personally by a judge
cause exists and that there is a necessity of placing
the respondent under immediate custody in order not Determination of probable cause personally by
to frustrate the ends of justice.
judge
(c) When warrant of arrest not necessary. — A The issuance of a warrant of arrest is not a ministerial
warrant of arrest shall not issue if the accused is function of the judge.
already under detention pursuant to a warrant issued
by the municipal trial court in accordance with The determination of probable cause depends to a large
paragraph (b) of this section, or if the complaint or extent upon the finding or opinion of the judge who
information was filed pursuant to section 7 of this
conducted the required examination of the applicant
Rule or is for an offense penalized by fine only. The
court shall then proceed in the exercise of its original and the witnesses.
jurisdiction. (RULE 112)
Personal Determination
Section 4. Requisites for issuing search warrant. It is not necessary that he should personally examine
— A search warrant shall not issue except upon the complainant and his witnesses. (Soliven v.
probable cause in connection with one specific Makasiar)
offense to be determined personally by the judge
after examination under oath or affirmation of the
complainant and the witnesses he may produce, and The judge would simply personally review the initial
particularly describing the place to be searched and determination of the prosecutor to see if it is supposed
the things to be seized which may be anywhere in the by substantial evidence. He merely determines the
Philippines. (RULE 126) probability, not the certainty of guilt of the accused and
in so doing he need not conduct a de novo hearing.
1. Probable cause
Such facts and circumstances which would lead a Two kinds of determination of probable cause
reasonable discreet and prudent man to believe that an 1. Executive
offense has been committed (for purposes of warrant of It concerns itself whether there is enough evidence to
arrest) and that the objects sought in connection with support an information being filed.
the offense are in the place sought to be searched (for 2. Judicial
purposes of search warrant) It determined whether a warrant of arrest should be
issued.
General Rule: It must refer to one specific offense.
Exception: Dangerous Drugs Act of 1972 is a special The judge does not act as an appellate court of the
law that deals specifically with dangerous drugs which prosecutor and has no capacity to review the
are subsumed into prohibited and regulated drugs, and prosecutor’s determination of probable cause, rather
defines and penalizes categories of offense which are the judge makes a determination of probable cause
closely related or which belong to the same class or independent of the prosecutor’s findings.
species; Thus one search warrant may be validly issued
for several violations thereof. When the judge himself conducts the preliminary
investigation, the investigating judge must:
Where a search warrant was issued for the seizure of 1. Have examined under oath and in writing the
shabu and drug paraphernalia, but probable cause was complainant and his witnesses
found to exist only with respect to the shabu, the 2. Be satisfied that there is probable cause
warrant cannot be invalidated in toto; it is still valid with 3. That there is a need to place the respondent
respect to the shabu. (People v. Salanguit) under immediate custody in order not to
frustrate the ends of justice
Cases:
Burgos v Chief of Staff, GR L-64261, 26 Dec 26, 1984 Search warrant proceedings
WAG MO BIGAY SA IBA PLS SAYO KO LANG NISHARE
It is a proceeding not one against any person, but is
solely for the discovery and to get possession of The description of the property to be seized need not be
personal property. technically accurate nor necessarily precise, and its
nature will necessarily vary according to whether the
Cases: identity of the property or its character is a matter of
Soliven v Judge Makasiar, GR 82585, 14 Nov 1988 concern. The description is required to be specific only
Pita v CA, GR 80806, 5 Oct 1989 in so far as circumstances will allow. (Kho v. Judge
Makalintal)
3. Examination under oath or affirmation
The personal examination must not be merely routinary A search warrant is severable.
or pro forma, but must be probing and exhaustive. The general description of most of the documents in the
warrant will not invalidate the entire warrant.
Purpose: to satisfy the examining magistrate as to the
existence of probable cause. Where the warrant authorized only the seizure of shabu
and not marijuana, the seizure of the latter was held
Evidence offered by the complainant unlawful. (People v. Salanguit)
The evidence offered by the complainant and his
witnesses must be based on their own personal Place to be searched
knowledge and not on mere information or belief. The The description of the place to be searched is sufficient
oath required must refer to the truth of the facts within if the officer with the warrant can with reasonable effort
the personal knowledge of the applicant or his ascertain and identify the place intended and
witnesses. distinguish it from other places in the community.f

“Reliable information” and “evidence gathered and The place to be searched as described in the warrant
collated by our unit” are not enough. cannot be amplified or modified by the peace officers’
own personal knowledge of the premises or the
Oath—naniniwala sa diyos evidence which they adduced in support of their
Affirmation—sa mga hindi naniniwala application for a warrant.

Cases: Properties subject to seizure

Pasion [Link] Gracia v Locsin, GR L-45950, 20 Jun 1. Subject of the offense
1938 2. Stolen or embezzles property and other
Mata v Bayona, GR 50720, 26 Mar 1984 proceeds or fruits of the offense
3. Property used or intended to be used as a
4. Particular description of persons, things and means for the commission of an offense
places
It is sufficient that the property is within his control or
Purpose possession.
1. Readily identify the properties to be seized and
thus prevent them from seizing the wrong items Cases:
2. Leave said peace officers with no discretion Del Castillo v People, GR 185128, 30 Jan 2012
regarding the articles to be seized and thus People v Salanguit, GR 133254-55, 19 Apr 2001
prevent unreasonable searches and seizures Dimal andCastillo, v People, GR 216922, 18 Apr
2018
General Warrants
They are proscribed and unconstitutional. C. Warrantless arrests, Rules of Court, Rule 113,
Section 5
Scatter-short Warrant
Where the search warrant charged violations of two
Section 5. Arrest without warrant; when lawful. —
special laws, it was considered a “scatter-shot” warrant A peace officer or a private person may, without a
and was declared null and void. warrant, arrest a person:
WAG MO BIGAY SA IBA PLS SAYO KO LANG NISHARE
1. The person to be arrested must execute an
(a) When, in his presence, the person to be arrested overt act indicating that he has just committed,
has committed, is actually committing, or is is actually committing, or is attempting to
attempting to commit an offense; commit a crime
2. Such overt act is done in the presence or within
(b) When an offense has just been committed, and he the view of the arresting officer
has probable cause to believe based on personal
knowledge of facts or circumstances that the person
Cases:
to be arrested has committed it; and
People v Sucro, GR 93239, 18 Mar 1991
(c) When the person to be arrested is a prisoner who People v Go, GR 116001, 14 Mar 2001
has escaped from a penal establishment or place Reyes v People, GR 229380, 6 Jun 2018
where he is serving final judgment or is temporarily Umil v Ramos, GR 81567, 9 July 1990 (on rebellion)
confined while his case is pending, or has escaped Luz v People, GR 197788, 29 Feb 29 2012 (penalty of
while being transferred from one confinement to
fine, not imprisonment)
another.
Villamor v People, GR 200396, 22 Mar 22 2017

1. in flagranti delicto 2. hot pursuit

When the person to be arrested has committed, is When an offense has just been committed, and he has
actually committing, or is attempting to commit an probable cause to believe based on personal
offense in his presence. knowledge of facts or circumstances that the person to
be arrested has committed it
Rebellion is a continuing offense. Accordingly, a rebel
may be arrested at any time with or without a warrant, Requirements
as he is deemed to be in the act of committing the 1. An offense had just been committed
offense at any time of day or night. (Umil v. Ramos) 2. The person making the arrest has probable
cause to believe based on his personal
Kidnapping with serious illegal detention is deemed a knowledge of facts or other circumstrnces that
continuing crime, it can be considered as such only the person to be arrested has committed it
when the deprivation of liberty is persistent and
continuing from one place to another. Cases:
People v Gerente, GR 95847-48, 10 Mar 1993
When a police officer sees the offense, although at a People v Cubcubin, GR 136267, 10 Jul 2001
distance, or hears the disturbances created thereby,
and proceeds at once to the scene thereof, he may - Time of arrest
effect an arrest without a warrant. (People v. Sucro) There must be a large measure of immediacy between
the time the offense is committed and the time of the
The arrest of the accused insider his house following arrest. If there was an appreciable lapse of time
how pursuit of the person who committed the offense in between the arrest and the commission of the crime, a
flagrante was held valid. warrant of arrest must be secured.

Buy-bust operation Cases:

A buy-bust operation is valid in flagrante arrest. The People v Rodrigueza, GR 95902, 4 Feb 1992
subsequent search of the person arrested and of the Go v CA, GR 101837, 11 Feb 1992
premises within his immediate control is valid as an Petitioner's "arrest" took place six (6) days after the
incident to a lawful arrest. shooting of Maguan. The "arresting" officers obviously
were not present, within the meaning of Section 5(a), at
The accused commits the crime of illegal sale of drugs the time the petitioner had allegedly shot Maguan.
as soon as he consummates the sale transaction, Neither could the "arrest" effected six (6) days after the
whether payment precedes or follows delivery of the shooting be reasonably regarded as effected "when [the
drug sold. shooting had] in fact just been committed" within the
meaning of Section 5(b). Moreover, none of the
Requisites
WAG MO BIGAY SA IBA PLS SAYO KO LANG NISHARE
"arresting" officers had any "personal knowledge" of When the person to be arrested is a prisoner who has
facts indicating that petitioner was the gunman who had escaped from a penal establishment or place where he
shot Maguan. The information upon which the police is serving final judgment or is temporarily confined while
acted had been derived from statements made by his case is pending, or has escaped while being
alleged eyewitnesses to the shooting — one stated that transferred from one confinement to another.
petitioner was the gunman; another was able to take
down the alleged gunman's car's plate number which When rightfully waived?
turned out to be registered in petitioner's wife's name. Appellant is estopped from questioning the illegality of
That information did not, however, constitute "personal his arrest when he voluntarily submitted himself to the
knowledge." It is thus clear to the Court that there was jurisdiction of the court by entering a plea of not guilty
no lawful warrantless arrest of petitioner within the and participating in the trial
meaning of Section 5 of Rule 113. It is clear too that
Section 7 of Rule 112 is also not applicable. Indeed, the It does not extent to the search made as an incident
petitioner was not arrested at all. thereto, or to the subsequent seizure of evidence
allegedly found during the search.
- Lack of Urgency
Exclusionary Rule
Cases: Any evidence obtained in violation of the constitutional
People v Pasudag, GR 128822, 4 May 2001 provision is legally inadmissible in evidence under the
The prosecution’s evidence clearly established that the exclusionary rule.
police conducted a search of accused’s backyard
garden without a warrant; they had sufficient time to D. Administrative arrests
obtain a search warrant; they failed to secure one. Warrant of arrest may be issued by administrative
There was no showing of urgency or necessity for the authorities only for the purpose of carrying out a final
warrantless search, or the immediate seizure of the finding of a violation of law and not for the sole purpose
marijuana plants. The Court is not unmindful of the of investigation or prosecution. It may issue only after
difficulties of law enforcement agencies in suppressing the proceeding has taken place as when there is
the illegal traffic of dangerous drugs. However, quick already a final decision of the administrative authorities.
solutions of crimes and apprehension of malefactors do (Vivo v Montessa, G.R. No. L-24576, July 29, 1968)
not justify a callous
disregard of the Bill of Rights.” The Commissioner of Immigration and Deportation may
issue warrants to carry out a final finding of a violation,
People v Aminnudin, GR 74869, 6 Jul 1988 either by an executive or legislative officer or agency
Vessels and aircraft are subject to warrantless duly authorized for the purpose. (CID v Judge Dela
searches and seizures for violation of the customs law Rosa, G.R. No. 95122-23, May 31, 1991).
because these vehicles may be quickly moved out of
the locality or jurisdiction before the warrant can be In such cases, determination of probable cause as
secured. However, in the instant case, the PC officers understood under Section 1 (3), Article 2 of the 1987
had at least 2 days within which they could have Constitution is not necessary.
obtained a warrant to arrest and search against the
accused. His name was known, the vehicle was F. Warrantless searches
identified, and the date of its arrival was certain. From
the information they had received, they could have 1. Consent or waiver
persuaded a judge that there was probable cause, For the valid waiver of a constitutional right:
indeed, to justify the issuance of a warrant. Yet they did 1. It must appear first that the right exists
nothing. The Bill of Rights was ignored altogether 2. That the person involved had knowledge, either
because the PC lieutenant who was the head of the actual or constructive, of the existence of such
arresting team, had determined on his own authority right; and
that a "search warrant was not necessary." 3. that the said person had an actual intention to
relinquish the right
3. fugitive from justice
WAG MO BIGAY SA IBA PLS SAYO KO LANG NISHARE
Consent to a search is not to be lightly inferred, but must process cannot be reversed. Nevertheless, a search
be shown by clear and convincing evidence. substantially contemporaneous with an arrest can
precede the arrest if the police have probable cause to
It is the State that has the burden of proving, by clear make the arrest at the outset of the search.
and convincing evidence, that the necessary consent
was obtained and that it was voluntarily and freely In People v. Kalubiran, 196 SCRA 645, where the
given. accused, arrested in a “buy- bust” operation, was
frisked by the operatives who found marked money
In People v. Omaweng, 213 SCRA 462, the accused, which was used to buy two sticks of marijuana
driving a vehicle, was stopped at a checkpoint, and cigarettes and 17 more marijuana cigarettes, the search
when the vehicle was inspected, the soldiers asked was deemed valid as an incident to a lawful arrest.
permission to see the contents of a bag which was
partially covered by a spare tire. The accused In People v. Tangliben, 184 SCRA 220, where two
consented, and upon inspection, the bag was found to policemen on surveillance, after receiving a tip from an
contain marijuana. informer, noticed a person carrying a red bag acting
suspiciously, then confronted the person and found
In People v. Gatward, 267 SCRA 785, it was held that inside the bag marijuana leaves, the Supreme Court
when the accused checked in his luggage as a held that the seizure was valid, as “an incident to a
passenger of a plane, he agreed to the inspection of his lawful arrest”. The Court said that the matter presented
luggage in accordance with customs laws and urgency; when the informer pointed to the accused as
regulations, and thus waived any objection to a one who was carrying marijuana, the police officers,
warrantless search. faced with such on-the-spot information, had to act
quickly. There was not enough time to secure a search
In People v. Barros, 231 SCRA 557, the silence of the warrant.
accused was not construed as consent; rather, it was a
“demonstration of regard for the supremacy of the law”. Permissible area of search.
The warrantless search and seizure as an incident to a
Waiver must be given by the person whose right is lawful arrest may extend beyond the person of the one
violated. 'arrested to include the premises or surroundings under
his immediate control.
In Veroy v. Layague, 210 SCRA 97, it was held that
where permission to enter the residence is given to Where the accused was frisked and arrested in the
search for rebels, it is illegal to search the rooms therein street for possession of two cellophane bags of
and seize firearms without a search warrant. marijuana, and when asked if he had more answered
that he had more marijuana at his house, the search
Cases: conducted by the police officers in the house and the
People v Omaweng, GR 99050, 7 Sep 1992 consequent seizure of ten cellophane bags of
Veroy v Layague, GR L-95630, 18 Jun 1992 marijuana was held invalid, because the house was no
People v Damaso, GR 93516, 12 Aug 1992 longer within the reach and control of the accused
[Espano v. Court of Appeals, 288 SCRA 558]
2. Search incident to lawful arrest
Cases:
Sec. 12, Rule 126, as clarified in the 1985 Revised People v Kalubiran, GR 84079, 6 May 1991
Rules on Criminal Procedure, provides that “a person Espano v CA, GR 120431, 1 Apr 1998
lawfully arrested may be searched for dangerous People v Tangliben, GR L-63630, 6 Apr 1990
weapons or anything, which may be used as proof of Picardal v People, GR 235749, 19 Jun 2019
the commission of an offense, without a search
warrant”. 3. Moving vehicle

Requisites: A warrantless search of a moving vehicle is justified on

As a rule, the arrest must precede the search; the the ground that it is not practicable to secure a warrant
WAG MO BIGAY SA IBA PLS SAYO KO LANG NISHARE
because the vehicle can be moved quickly out of the
locality or jurisdiction in which the warrant may be Requisites: (People v Musa)
sought. 1. A prior valid intrusion based on the vcHich
warrantless arrest in which the police are
Searches without warrant of automobiles are also legally present in the pursuit of their official
allowed for the purpose of preventing violations of duties;
smuggling or immigration laws, provided that such 2. the evidence was inadvertently discovered by
searches are made at borders or “constructive borders”, the police who have the right to be where they
like checkpoints near the boundary lines of the State. are;
3. the evidence must be immediately apparent;
Cases: and
People v Mago, GR L-27360, 28 Feb 1968 4. “plain view” justified the seizure of the evidence
Asuncion v CA, GR 125959, 1 Feb 1999 without any further search.

4. Emergency circumstances In People v. Pasudag, G.R. No. 128822, May 4, 2000,

noting that the police authorities had ample time to
Doctrine of Exigent Circumstances - Enunciates the secure a warrant, the seizure of the marijuana plants
rule that under such urgency and exigency of the and the consequent arrest were held to be tainted with
moment, search warrant should be lawfully dispensed constitutional infirmity. The implied acquiescence of the
with. appellant could not have been more than passive
conformity given under intimidating circumstances.
In People v. de Gracia, 233 SCRA 716, the raid of, and
the consequent seizure of firearms and ammunition in, In People v. Compacion, G.R. No. 124442, July 20,
the Eurocar Sales Office at the height of the December 2001, where the peace officers had to enter the dwelling
1989 coup d’etat was held valid, considering the exigent of the appellant in order to get to the backyard where
and emergency situation obtaining. The military they seized two marijuana plants, the Supreme Court
operatives had reasonable ground to believe that a said that the “plain view” doctrine cannot be invoked to
crime was being committed, and they had no justify the seizure. The four requisites enumerated in
opportunity to apply for a search warrant from the courts Musa had to be satisfied.
because the latter were closed. Under such urgency
and exigency, a search warrant could be validly Cases:
dispensed with. People v Musa, GR 96177, 27 Jan 1993
Padilla v CA, GR 121917, 12 Mar 1997
Case: People v Pasudag, GR 128822, 4May 2000
People v Degracia, GR 102009, 6 Jul 1994 People v Valdez, GR 129296, 25 Sep 2000
People v Compacion, GR 124442, 20 Jul 2001
G. Incidents that may lead to warrantless search
1. plain view 2. checkpoint (visual search vs extensive
search)
Objects in the “plain view” of an officer who has the right
to be in the position to have that view are subject to Requisites of a valid Checkpoint:
seizure and may be presented as evidence. 1. It must be warranted by the exigencies of public
order;
An object is in “plain view” if the object itself is plainly 2. It must be conducted in a way least inclusive to
exposed to sight. motorists; and
3. The inspection of the vehicle is limited to a
In Musa, the Supreme Court said that the “plain view” visual search ( Abenees v CA, G.R. No.
doctrine may not be used to launch unbridled searches 156320, February 14, 2007)
and indiscriminate seizures, nor to extend to a general
exploratory search made solely to find evidence of the For a mere routine inspection, the search is normally
defendant's guilt. permissible when it is limited to a mere visual search,
WAG MO BIGAY SA IBA PLS SAYO KO LANG NISHARE
where the occupants are not subjected to a physical or conditions, to warrant the belief that the person
body search. to be held has weapons or contraband
concealed about him.
When the vehicle is stopped and subjected to an
extensive search, it would be constitutionally Cases:
permissible only if the officers conducting the search Terry v Ohio, 392 US 1, (1968)
had reasonable or probable cause to believe, before the Posadas v CA, GR 89139, 2 Aug 1990
search, that either the motorist is a law offender or they Manalili v CA, GR 113447, 9 Oct 1997
will find the instrumentality or evidence pertaining to a People v Solayao, GR 119220, 20 Sep 1996
crime in the vehicle to be searched People v Comprado, GR 213325, 4 Apr 2018 (waiver
of illegal arrest, not waiver of illegal search and
In Caballes, petitioner’s vehicle was flagged down seizure)
because the police officers on routine patrol became
suspicious when they saw that the back of the vehicle H. Reasonable searches
was covered with kakawati leaves. The fact that the To emphasize, a reasonable search, on the one hand,
vehicle looked suspicious because it is not common for and a warrantless search, on the other, are mutually
such to be covered with kakawati leaves does not exclusive. (MARCELO G. SALUDAY v. PEOPLE)
constitute probable cause as would justify the search Reasonable search Warrantless search
without a warrant.
Similarity
On the other hand in Libnao, it was held that the
warrantless search was not bereft of probable cause. State intrusions are valid even without a warrant
The Tarlac Police Intelligence Division had been
conducting surveillance operations for three months in
The underlying reasons for the absence of a warrant
the area. The surveillance yielded the information that are different.
once a month, appellant and her co- accused transport
drugs in big bulks. At 10 p.m. of October 19, 1996, the A reasonable search In contrast, a
police received a tip that the two will be transporting arises from a reduced warrantless search is
drugs that night riding a tricycle. The two were expectation of privacy, presumably an
intercepted three hours later, riding a tricycle and for which reason Section "unreasonable search,"
2, Article III of the but for reasons of
carrying a suspicious- looking bag, which possibly Constitution finds no practicality, a search
contained the drugs in bulk. When they were asked who application. warrant can be
owned it and what its content was, both became dispensed with.
uneasy. Under these circumstances, the warrantless
search and seizure of appellant’s bag was not illegal. Examples include Examples include search
searches done at incidental to a lawful
airports, seaports, bus arrest, search of
Cases:
terminals, malls, and evidence in plain view,
Caballes v CA, GR 136292, 15 Jan 2002 similar public places. consented search, and
People v Libnao, GR 136860, 20 Jan 2003 extensive search of a
private moving vehicle.
3. stop and frisk
Requisites: 1. Airports
1. The police officer should properly introduce In People v. Gatward, 267 SCRA 785, it was held that
himself and make initial inquiries, approach and when the accused checked in his luggage as a
restrain a person who manifests unusual and passenger of a plane, he agreed to the inspection of his
suspicious conduct, in order to check the luggage in accordance with customs laws and
latter’s outer clothing for possibly concealed regulations, and thus waived any objection to a
weapons. warrantless search.
2. The apprehending police officer must have a
genuine reason, in accordance with the police In People v. Susan Canton, G.R. No. 148825,
officer’s experience and the surrounding December 27, 2002, it was held that a search made
WAG MO BIGAY SA IBA PLS SAYO KO LANG NISHARE
pursuant to routine airport security procedure is allowed not unreasonable searches per se. Constitutional
under R.A. 6235, which provides that every airline ticket provisions protecting privacy should not be so literally
shall contain a condition that hand-carried luggage, understood so as to deny reasonable safeguards to
etc., shall be subject to search, and this condition shall ensure the safety of the traveling public.
form part of the contract between the passenger and xxxx
the air carrier. To limit the action of the airport security Thus, with port security personnel's functions having
personnel to simply refusing the passenger entry into the color of state-related functions and deemed agents
the aircraft and sending her home (as suggested by the of government, Marti is inapplicable in the present case.
appellant), and thereby depriving the security personnel Nevertheless, searches pursuant to port security
of “the ability and facility to act accordingly, including to measures are not unreasonable per se. The security
further search without warrant, in light of such measures of x-ray scanning and inspection in domestic
circumstances, would be to sanction impotence and ports are akin to routine security procedures in airports.
ineffectiveness in law enforcement, to the detriment of xxxx
society”. Thus, in this case, the strip search in the Port authorities were acting within their duties and
ladies’ room was justified under the circumstances. functions when they used x-ray scanning machines for
inspection of passengers' bags. When the results of the
In People v. Johnson, G.R. No. 138881, December 18, x-ray scan revealed the existence of firearms in the bag,
2000, the Supreme Court upheld the validity of the port authorities had probable cause to conduct a
searches Conducted on passengers attempting to search of the petitioner's bag. Notably, the petitioner did
board an aircraft whose carry-on baggage, as well as not contest the results of the x-ray scan.
checked-in luggage, are subjected to x-ray scans, and
passengers themselves are made to pass through 3. Public land transportation terminals
metal detectors. Given the minimal intrusiveness, the Lecture: Reduced expectation of privacy of the riding
gravity of the safety interests involved, and the reduced public.
privacy expectations associated with airline travel,
these searches are reasonable. In People v. Breis, the Court also justified a bus search
owing to the reduced expectation of privacy of the riding
In People v. Suzuki, G.R. No. 120670, October 23, public: The bus is public transportation, and is open to
2003, the Supreme Court held that PASCOM agents the public. The expectation of privacy in relation to the
have the right under the law to conduct searches for constitutional right against unreasonable searches in a
prohibited materials or substances at the airport, and to public bus is not the same as that in a person's dwelling.
effect the arrest of those found to be carrying such
prohibited materials. To simply refuse passengers Guidelines in the conduct of bus searches (Saluday
carrying suspected illegal items to enter the pre- vs. People)
departure area, as claimed by the appellant, is to 1. Prior to entry, passengers and their bags and
deprive the authorities of their duty to conduct search, luggages can be subjected to a routine
thus sanctioning impotence and ineffectiveness of the inspection akin to airport and seaport security
law enforcers, to the detriment of society. protocol. In this regard, metal detectors and x-
ray scanning machines can be installed at bus
2. Seaports terminals. Passengers can also be frisked. In
Lecture: The right of privacy must yield to the lieu of electronic scanners, passengers can be
overwhelming necessity of the right to public safety. required instead to open their bags and
Use the two-fold tests in determining entitlement to the luggages for inspection, which inspection must
right of privacy. be made in the passenger's presence. Should
the passenger object, he or she can validly be
In the case of Dela Cruz v. People the Court described refused entry into the terminal.
seaport searches as reasonable searches on the 2. While in transit, a bus can still be searched by
ground that the safety of the traveling public overrides government agents or the security personnel of
a person's right to privacy: the bus owner in the following three instances.
Routine baggage inspections conducted by port a. First, upon receipt of information that a
authorities, although done without search warrants, are passenger carries contraband or illegal
WAG MO BIGAY SA IBA PLS SAYO KO LANG NISHARE
articles, the bus where the passenger the reasonable search, courts must be
is aboard can be stopped en route to convinced that precautionary
allow for an inspection of the person measures were in place to ensure that
and his or her effects. This is no no evidence was planted against the
different from an airplane that is forced accused.
to land upon receipt of information
about the contraband or illegal articles The search of persons in a public place is valid because
carried by a passenger on board. the safety of others may be put at risk. Given the
b. Second, whenever a bus picks present circumstances, the Court takes judicial notice
passengers en route, the prospective that public transport buses and their tenninals, just like
passenger can be frisked and his or her passenger ships and seaports, are in that category.
bag or luggage be subjected to the
same routine inspection by Aside from public transport buses, any moving vehicle
government agents or private security that similarly accepts passengers at the terminal and
personnel as though the person along its route is likewise covered by these guidelines.
boarded the bus at the terminal. This is Hence, whenever compliant with these guidelines, a
because unlike an airplane, a bus is routine inspection at the terminal or of the vehicle itself
able to stop and pick passengers along while in transit constitutes a reasonable search.
the way, making it possible for these Otherwise, the intrusion becomes unreasonable,
passengers to evade the routine thereby triggering the constitutional guarantee under
search at the bus terminal. Section 2, Article III of the Constitution.
c. Third, a bus can be flagged down at
designated military or police To emphasize, the guidelines do not apply to privately-
checkpoints where State agents can owned cars. Neither are they applicable to moving
board the vehicle for a routine vehicles dedicated for private or personal use, as in the
inspection of the passengers and their case of taxis, which are hired by only one or a group of
bags or luggages. passengers such that the vehicle can no longer be
3. In both situations, the inspection of passengers flagged down by any other person until the passengers
and their effects prior to entry at the bus on board alight from the vehicle.
terminal and the search of the bus while in
transit must also satisfy the following conditions 4. Shopping malls, hotels, resorts and other
to qualify as a valid reasonable search. public places
a. First, as to the manner of the search, it Lecture: Rights under the Bill of Rights are imposed
must be the least intrusive and must against the State not a private person. Owners of
uphold the dignity of the person or privately owned establishments may impose rules on
persons being searched, minimizing, if people entering such as search/frisking.
not altogether eradicating, any cause
for public embarrassment, humiliation In the case of Saluday vs. People, SC reiterated that a
or ridicule. bus, a hotel and beach resort, and a shopping mall are
b. Second, neither can the search result all private property whose owners have every right to
from any discriminatory motive such as exclude anyone from entering. At the same time,
insidious profiling, stereotyping and however, because these private premises are
other similar motives. In all instances, accessible to the public, the State, much like the owner,
the fundamental rights of vulnerable can impose non-intrusive security measures and filter
identities, persons with disabilities, those going in. The only difference in the imposition of
children and other similar groups security measures by an owner and the State is, the
should be protected. former emanates from the attributes of ownership under
c. Third, as to the purpose of the search, Article 429 of the Civil Code, while the latter stems from
it must be continued to ensure public the exercise of police power for the promotion of public
safety. safety. Necessarily, a person's expectation of privacy is
d. Fourth, as to the evidence seized from diminished whenever he or she enters private premises
WAG MO BIGAY SA IBA PLS SAYO KO LANG NISHARE
that are accessible to the public. factual circumstances of the case must be made before
a court may order a compulsory blood test. Courts in
Cases: various jurisdictions have differed regarding the kind of
People v Johnson, GR 138881, 18 Dec 2000 (airport) procedures which are required, but those jurisdictions
Libo-on Dela Cruz v People, GR 209387, 11 Jan 2016 have almost universally found that a preliminary
(seaport) showing must be made before a court can
People v Breis, GR 205823, 17 Aug 2015 (bus) constitutionally order compulsory blood testing in
Saluday v People, GR 215305, 3 Apr 2018 (bus paternity cases. We agree, and find that, as a
terminal) preliminary matter, before the court may issue an order
for compulsory blood testing, the moving party must
I. Drug, alcohol and blood tests show that there is a reasonable possibility of paternity.
As explained hereafter, in cases in which paternity is
Drug Test contested and a party to the action refuses to voluntarily
In the case of Jaime Dela Cruz vs. People, the accused undergo a blood test, a show cause hearing must be
appellant here was arrested in the alleged act of held in which the court can determine whether there is
extortion. The Court held in this case that the drug test sufficient evidence to establish a prima facie case which
in Section 15 does not cover persons apprehended or warrants issuance of a court order for blood testing.
arrested for any unlawful act, but only for unlawful acts
listed under Article II of R.A. 9165. The same condition precedent should be applied in our
jurisdiction to protect the putative father from mere
Hence, a drug test can be made upon persons who are harassment suits. Thus, during the hearing on the
apprehended or arrested for, among others, the motion for DNA testing, the petitioner must present
"importation," "sale, trading, administration, prima facie evidence or establish a reasonable
dispensation, delivery, distribution and transportation", possibility of paternity.
"manufacture" and "possession" of dangerous drugs
and/or controlled precursors and essential chemicals; Notwithstanding these, it should be stressed that the
possession thereof "during parties, social gatherings or issuance of a DNA testing order remains discretionary
meetings" ; being "employees and visitors of a den, dive upon the court. The court may, for example, consider
or resort"; "maintenance of a den, dive or resort"; "illegal whether there is absolute necessity for the DNA testing.
chemical diversion of controlled precursors and If there is already preponderance of evidence to
essential chemicals" ; "manufacture or delivery" or establish paternity and the DNA test result would only
"possession" of equipment, instrument, apparatus, and be corroborative, the court may, in its discretion,
other paraphernalia for dangerous drugs and/or disallow a DNA testing.
controlled precursors and essential chemicals;
possession of dangerous drugs "during parties, social
gatherings or meetings" ; "unnecessary" or "unlawful" Cases:
prescription thereof; "cultivation or culture of plants Social Justice Society v Dangerous Drugs Board,
classified as dangerous drugs or are sources thereof"; GR157870, 3 Non 2008
and "maintenance and keeping of original records of Lucas v Lucas, GR 190710, 6 Jun 2011
transactions on dangerous drugs and/or controlled Jaime Dela Cruz v People, GR 200748, 23 Jul 2014
precursors and essential chemicals." To make the (Extortion)
provision applicable to all persons arrested or
apprehended for any crime not listed under Article II is J. Exclusionary rule
tantamount to unduly expanding its meaning. Evidence obtained in violation of Sec. 2, Art. Ill, shall be
inadmissible for any purpose in any proceeding [Sec. 3
Blood Test (2), Art. Ill], , because it is “the fruit of the poisoned tree.”
In the case of Lucas vs. Lucas the Court held that
although a paternity action is civil, not criminal, the Objections to the legality of the search warrant and to
constitutional prohibition against unreasonable the admissibility of the evidence obtained thereby are
searches and seizures is still applicable, and a proper deemed waived when not raised during the trial.
showing of sufficient justification under the particular In People v. Diaz, G.R. No. 110829, April 18, 1997,
WAG MO BIGAY SA IBA PLS SAYO KO LANG NISHARE
because of the failure of the accused to object to the
admissibility of evidence obtained through an unlawful
Section 21. Custody and Disposition of
arrest and search, it was held that the accused were Confiscated, Seized, and/or Surrendered
deemed to have waived their right, and the trial court Dangerous Drugs, Plant Sources of Dangerous
did not err in admitting the evidence presented. Drugs, Controlled Precursors and Essential
Chemicals, Instruments/Paraphernalia and/or
However, even if the accused were illegally arrested, Laboratory Equipment. – The PDEA shall take
such arrest does not invest eye-witness accounts with charge and have custody of all dangerous drugs,
plant sources of dangerous drugs, controlled
constitutional infirmity as “fruits of the poisonous tree”;
precursors and essential chemicals, as well as
thus, where the conviction could be secured on the instruments/paraphernalia and/or laboratory
strength of testimonial evidence given in open court, the equipment so confiscated, seized and/or
illegality of the arrest cannot be invoked to reverse the surrendered, for proper disposition in the following
conviction. manner:

It does not necessarily follow that the property illegally (1) The apprehending team having initial custody and
control of the drugs shall, immediately after seizure
seized will be returned immediately; it could remain in and confiscation, physically inventory and
custodia legis [Alih v. Castro, supra.; Roan [Link], photograph the same in the presence of the accused
145 SCRA 687]. or the person/s from whom such items were
confiscated and/or seized, or his/her representative
Thus, in People v. Estrada, G.R. No. 124461, June 26, or counsel, a representative from the media and the
2000, even as the search warrant was declared illegal Department of Justice (DOJ), and any elected public
official who shall be required to sign the copies of the
and the medicines or drugs seized were shown to be
inventory and be given a copy thereof;
genuine, their return was not ordered because the
producer, manufacturer or seller did not have any (2) Within twenty-four (24) hours upon
permit or license to sell the same. But in Tambasen v. confiscation/seizure of dangerous drugs, plant
People, supra., the money which was not indicated in sources of dangerous drugs, controlled precursors
the warrant, and thus, illegally seized, was ordered and essential chemicals, as well as
returned. For the retention of the money, the approval instruments/paraphernalia and/or laboratory
equipment, the same shall be submitted to the PDEA
of the Court which issued the warrant is necessary
Forensic Laboratory for a qualitative and quantitative
[People v. Gesmundo, supra.]; in like manner, only the examination;
Court which issued the warrant may order its release.
(3) A certification of the forensic laboratory
In Pita v. Court of Appeals, supra., because the examination results, which shall be done under oath
magazines subject of the search and seizure had by the forensic laboratory examiner, shall be issued
already been destroyed, the Court declined to grant within twenty-four (24) hours after the receipt of the
subject item/s: Provided, That when the volume of the
affirmative relief. dangerous drugs, plant sources of dangerous drugs,
and controlled precursors and essential chemicals
The property illegally seized may be used in evidence does not allow the completion of testing within the
in the case filed against the officer responsible for the time frame, a partial laboratory examination report
illegal seizure. shall be provisionally issued stating therein the
quantities of dangerous drugs still to be examined by
the forensic laboratory: Provided, however, That a
1. RA 9165 (Comprehensive Dangerous Drugs Act)
final certification shall be issued on the completed
forensic laboratory examination on the same within
Case: the next twenty-four (24) hours;
People v Dumagoy, GR 216753, 7 Feb 018 (buy-bust
operation) (4) After the filing of the criminal case, the Court shall,
within seventy-two (72) hours, conduct an ocular
2. RA 10640 (Amending RA 9165) inspection of the confiscated, seized and/or
surrendered dangerous drugs, plant sources of
dangerous drugs, and controlled precursors and
- Chain of Custody: Requirements; Effects; Sec 21, essential chemicals, including the
RA 9165 instruments/paraphernalia and/or laboratory
WAG MO BIGAY SA IBA PLS SAYO KO LANG NISHARE

equipment, and through the PDEA shall within the DOH.

twenty-four (24) hours thereafter proceed with the
destruction or burning of the same, in the presence of
the accused or the person/s from whom such items
were confiscated and/or seized, or his/her
representative or counsel, a representative from the
media and the DOJ, civil society groups and any
elected public official. The Board shall draw up the
guidelines on the manner of proper disposition and
destruction of such item/s which shall be borne by the
offender: Provided, That those item/s of lawful
commerce, as determined by the Board, shall be
donated, used or recycled for legitimate purposes:
Provided, further, That a representative sample, duly
weighed and recorded is retained;

(5) The Board shall then issue a sworn certification

as to the fact of destruction or burning of the subject
item/s which, together with the representative
sample/s in the custody of the PDEA, shall be
submitted to the court having jurisdiction over the
case. In all instances, the representative sample/s
shall be kept to a minimum quantity as determined by
the Board;

(6) The alleged offender or his/her representative or

counsel shall be allowed to personally observe all of
the above proceedings and his/her presence shall not
constitute an admission of guilt. In case the said
offender or accused refuses or fails to appoint a
representative after due notice in writing to the
accused or his/her counsel within seventy-two (72)
hours before the actual burning or destruction of the
evidence in question, the Secretary of Justice shall
appoint a member of the public attorney's office to
represent the former;

(7) After the promulgation and judgment in the

criminal case wherein the representative sample/s
was presented as evidence in court, the trial
prosecutor shall inform the Board of the final
termination of the case and, in turn, shall request the
court for leave to turn over the said representative
sample/s to the PDEA for proper disposition and
destruction within twenty-four (24) hours from receipt
of the same; and

(8) Transitory Provision: a) Within twenty-four (24)

hours from the effectivity of this Act, dangerous drugs
defined herein which are presently in possession of
law enforcement agencies shall, with leave of court,
be burned or destroyed, in the presence of
representatives of the Court, DOJ, Department of
Health (DOH) and the accused/and or his/her
counsel, and, b) Pending the organization of the
PDEA, the custody, disposition, and burning or
destruction of seized/surrendered dangerous drugs
provided under this Section shall be implemented by
WAG MO BIGAY SA IBA PLS SAYO KO LANG NISHARE

Cases:
People v Garry dela Cruz, GR 205821, 1 Oct 2014
People v Gayoso, GR 206590, 27 Mar 2017
People v Villanueva, 13 Mar 2017
Dabon v. People, GR 208775, 22 Jan 2018
People v Crispo, GR 230065, 14 Mar 2018
People v Que, GR 212994, 31 Jan 2018
People v Sipin, GR 224290, 11 Jun 2018
People v Teng Moner y Adam, 5 Mar 2018 (Chain of
Custody of Evidence)
WAG MO BIGAY SA IBA PLS SAYO KO LANG NISHARE
IX. Privacy of communication and correspondence,
except in a civil case by one against the other, or in a
Article III, Section 3 criminal case for a crime committed by one against
the other or the latter’s direct descendants or
A. Private and public communications ascendants.

Difference sa Sec 2. (b) An attorney or person reasonably believed by the

- Intangible ang Sec 3 client to be licensed to engage in the practice of law
cannot, without the consent of the client, be examined
as to any communication made by the client to him or
1. Privileged Communication her, or his or her advice given thereon in the course
of, or with a view to, professional employment, nor
Definition can an attorney’s secretary, stenographer, or clerk,
Communication made in good faith on any subject or other persons assisting the attorney be examined
matter in which the communicator has an interest or without the consent of the client and his or her
employer, concerning any fact the knowledge of
concerning which he has a duty is privileged if made to
which has been acquired in such capacity, except in
a person having a corresponding interest, although it the following cases:
contains incriminitaroy matter which without the (1) Furtherance of crime or fraud. If the services
privilege would be libelous and actionable. or advice of the lawyer were sought or Commented [11]: Art. 353. Definition of libel. — A libel
obtained to enable or aid anyone to commit is public and malicious imputation of a crime, or of a
Kinds of Privilege Communication or plan to commit what the client knew or vice or defect, real or imaginary, or any act, omission,
reasonably should have known to be a crime condition, status, or circumstance tending to cause the
1. Absolutely Privileged dishonor, discredit, or contempt of a natural or juridical
or fraud;
Art VI, SECTION 11. A Senator or Member of person, or to blacken the memory of one who is dead.
(2) Claimants through the same deceased client.
the House of Representatives shall, in all As to a communication relevant to an issue
offenses punishable by not more than six years between parties who claim through the same
imprisonment, be privileged from arrest while deceased client, regardless of whether the
the Congress is in session. No Member shall be claims are by testate or intestate or by inter
questioned nor be held liable in any other place vivos transaction;
for any speech or debate in the Congress or in (3) Breach of duty by lawyer or client. As to a
communication relevant to an issue of
any committee thereof.
breach of duty by the lawyer to his or her
client, or by the client to his or her lawyer;
2. Qualifiedly Privileged (4) Document attested by the lawyer. As to a
a. A private communication made by any communication relevant to an issue
person to another in the performance concerning an attested document to which
of any legal, moral or social duty the lawyer is an attesting witness; or
(5) Joint clients. As to a communication relevant
b. A fair and true report, made in good
to a matter of common interest between two
faith, without any comments or [(2)] or more clients if the communication was
remarks, of any judicial, legislative or made by any of them to a lawyer retained or
other official proceedings which are not consulted in common, when offered in an
of confidential nature, or of any action between any of the clients, unless they
statement, report or speech delivered have expressly agreed otherwise.
in said proceedings, or of any other act
(c) A physician, psychotherapist or person
performed by public officers in the
reasonably believed by the patient to be authorized
exercise of their functions. to practice medicine or psychotherapy cannot in a
civil case, without the consent of the patient, be
examined as to any confidential communication
Section 24. Disqualification by reason of
made for the purpose of diagnosis or treatment of the
privileged communication[s]. – The following
patient’s physical, mental or emotional condition,
persons cannot testify as to matters learned in
including alcohol or drug addiction, between the
confidence in the following cases:
patient and his or her physician or psychotherapist.
(a) The husband or the wife, during or after the
This privilege also applies to persons, including
marriage, cannot be examined without the consent of
members of the patient’s family, who have
the other as to any communication received in
participated in the diagnosis or treatment of the
confidence by one from the other during the marriage
patient under the direction of the physician or
WAG MO BIGAY SA IBA PLS SAYO KO LANG NISHARE
does not make any distinction and as such RAA 4200
psychotherapist.
may be violated even by a party to the communication.
A “psychotherapist” is: (Ramirez v. CA)
(a) A person licensed to practice medicine
engaged in the diagnosis or treatment of a Telephone extension line is not among the devices
mental or emotional condition, or covered. (Gaanan v. IAC)
(b) A person licensed as a psychologist by the
government while similarly engaged.
The law prohibits the overhearing, intercepting, or
(c) A minister, priest or person reasonably
believed to be so cannot, without the consent recording of private communications but not those
of the affected person, be examined as to which are public in character. (Navarro v. CA)
any communication or confession made to or
any advice given by him or her, in his or her Crimes against national security
professional character, in the course of Treason, espionage, piracy, mutiny, rebellion,
discipline enjoined by the church to which the
conspiracy, inciting to rebellion
minister or priest belongs.
(d) A public officer cannot be examined during or - New bill: Kasali terrorism, DDA, kidnapping,
after his or her tenure as to communications
made to him or her in official confidence, Case: Salcedo-Ortanez v CA, GR 110662, 4 Aug
when the court finds that the public interest 1994
would suffer by the disclosure.
2. RA 10173 (2012) – Data Privacy Act (Protecting
The communication shall remain privileged, even in
personal information and communications systems
the hands of a third person who may have obtained
the information, provided that the original parties to in government and private sectors
the communication took reasonable precaution to
protect its confidentiality What is Data Privacy Act?
RA 10173, or the Data Privacy Act, protects individuals
Cases: from unauthorized processing of personal information
that is:
- Waterous Drug Corp. v NLRC, GR 113271, 16 Oct
1. Private, not publicly available; and
1997
2. Identifiable, where the identity of the individual
- Zulueta v CA, 253, GR 107383, 20 Feb 1996
is apparent either through direct attribution or
when put together with other available
B. Intrusion; when allowed
information.
1. By lawful order of the court (search and seizure
warrant);
2. When public safety or public order requires Scope
This Act applies to the processing of all types of
otherwise as may be provided by law
personal information and to any natural and juridical
person involved in personal information processing
1. RA 4200 (1965) – Anti-Wiretapping Law
including those personal information controllers and
processors who, although not found or established in
Section 1—It shall be unlawful for any person, not the Philippines, use equipment that are located in the
being authorized by all the parties to any private Philippines, or those who maintain an office, branch or
communication or spoken word, to tap any wire or
agency in the Philippines subject to the immediately
cable, or by using any other device or arrangement,
to secretly overhear, intercept, or record such succeeding paragraph:
communication or spoken word by using a device
commonly known as a dictaphone or dictagraph or Exception
dictaphone or walkie-talkie or tape recorder, or This Act does not apply to the following:
however otherwise described: (a) Information about any individual who is or was an
officer or employee of a government institution that
It is illegal for any person, not authorized by all parties relates to the position or functions of the individual,
to any private communication, to secretly record such including:
communication by means of a tape recorder. The law 1. The fact that the individual is or was an officer
WAG MO BIGAY SA IBA PLS SAYO KO LANG NISHARE
or employee of the government institution; in the Philippines.
2. The title, business address and office
telephone number of the individual; Cases:
3. The classification, salary range and - Katz v US, 389 US 347 (1967)
responsibilities of the position held by the - Pollo v Constantino-David, GR 181881, 18 Oct 2011
individual; and - Republic v Bolante, GR 186717; GR 190357, 17 Apr
4. The name of the individual on a document 2017
prepared by the individual in the course of
employment with the government; 3. RA 10175, Cybercrime Law

(b) Information about an individual who is or was Case: Disini v Secretary of Justice, GR 203335, 11
performing service under contract for a government Feb 2014
institution that relates to the services performed,
including the terms of the contract, and the name of the C. Writ of habeas data
individual given in the course of the performance of
those services;
Section 1. Habeas Data. - The writ of habeas data is
a remedy available to any person whose right to
(c) Information relating to any discretionary benefit of a privacy in life, liberty or security is violated or
financial nature such as the granting of a license or threatened by an unlawful act or omission of a public
permit given by the government to an individual, official or employee, or of a private individual or entity
including the name of the individual and the exact engaged in the gathering, collecting or storing of data
nature of the benefit; or information regarding the person, family, home
and correspondence of the aggrieved party.
(d) Personal information processed for journalistic,
artistic, literary or research purposes; Meaning of “Entity engages in the gathering data”
under Rule on the Writ of Habeas Corpus
(e) Information necessary in order to carry out the Such individual or entity need not be in the business of
functions of public authority which includes the collecting or storing data. To "engage" in something is
processing of personal data for the performance by the different from undertaking a business endeavour. To
independent, central monetary authority and law "engage" means "to do or take part in something." It
enforcement and regulatory agencies of their does not necessarily mean that the activity must be
constitutionally and statutorily mandated functions. done in pursuit of a business. Otherwise, it would mean
Nothing in this Act shall be construed as to have unduly limiting the reach of the writ to a very small
amended or repealed Republic Act No. 1405, otherwise group, i.e., private persons and entities whose business
known as the Secrecy of Bank Deposits Act; Republic is data gathering and storage, and in the process
Act No. 6426, otherwise known as the Foreign Currency decreasing the effectiveness of the writ as an
Deposit Act; and Republic Act No. 9510, otherwise instrument designed to protect a right which is easily
known as the Credit Information System Act (CISA); violated in view of rapid advancements in the
information and communications technology––a right
(f) Information necessary for banks and other financial which a great majority of the users of technology
institutions under the jurisdiction of the independent, themselves are not capable of protecting. (Vivares v. St.
central monetary authority or Bangko Sentral ng Therese’ College)
Pilipinas to comply with Republic Act No. 9510, and
Republic Act No. 9160, as amended, otherwise known Cases:
as the Anti-Money Laundering Act and other applicable - Vivares v St. Theresa’s College, GR 202666, 29 Sep
laws; and 2014
- Lee v Ilagan, GR 203254, 8 Oct 2014
(g) Personal information originally collected from - Ople v Torres, GR 127685, 23 Jul 1998
residents of foreign jurisdictions in accordance with the - KMU v Director-General, NEDA, GR 167798, 19 Apr
laws of those foreign jurisdictions, including any 2006
applicable data privacy laws, which is being processed
WAG MO BIGAY SA IBA PLS SAYO KO LANG NISHARE
D. Exclusionary rule
SECTION 3. (2) Any evidence obtained in violation of
this or the preceding section shall be inadmissible for
any purpose in any proceeding.
WAG MO BIGAY SA IBA PLS SAYO KO LANG NISHARE
X. Freedom of speech, expression, Article III, speak for fear that he might be held accountable for his
Section 4 speech, or that he might be provoking the vengeance of
the officials he may have criticized.
Section 4, Art. III
No law shall be passed abridging the freedom of Cases:
speech, of expression, or of the press, or the right of the - Babst v NIB, GR L-62992, 28 Sep 1984
people to assemble and petition the government for
redress of grievances. B. Tests for valid restraint

A. Concept, purpose and scope, Schools of 1. Dangerous Tendency Test

Thought If the words uttered create a dangerous tendency of an
evil which the state has the right to prevent, then such
Scope words are punishable.
All forms of communication are entitled to the broad
protection of the freedom of expression clause. It is sufficient if the natural tendency and probable effect
of the utterance were to bring about the substantive evil
Freedom of expression includes: that the legislative seeks to prevent.
1. Speech and free press
2. Assembly 2. Clear and Present Danger Test
3. Petition Whether the words are used in such circumstances and
4. Profess and practice religion of such a nature as to create a clear and present danger
5. Association or the right to form associations that they will bring about the substantive evils that the
State has the right to prevent
1. Prior restraint (censorship)
Prior restraint refers to official governmental restrictions Clear - seems to point to a causal connection with the
on the press or other forms of expression in advance of danger of substantive evil arising from the utterance
actual publication or dissemination. Freedom from prior questioned
restraint is largely freedom from government
censorship of publications, whatever the form of Present - refers to the time element, identified with
censorship, and regardless of whether it is wielded by imminent and immediate danger.
the executive, legislative or judicial branch of the
government. (Chavez v. Gonzales) 3. Balancing of Interest Test
When a particular conduct is regulated in the public
Examples of Prior Restraint interest of public order, and the regulation results in an
1. System of licensing administered by an indirect, conditional or partial abridgement of speech,
executive officer the duty of the courts is to determine which of the two
2. Judicial prior restraint conflicting interests demands the greater protection
Injunction against publication under the particular circumstances presented.
3. Imposition of taxes and/or license fees to the
sale of bibles intended primarily for the A principle which requires a court to consider the
dissemination of religious information circumstances in each particular case, and thereafter, it
shall settle the issue which right demands greater
2. Fear of subsequent punishment protection.
This is a limitation on the power of the State to impose
a punishment after publication or dissemination. Case: Disini v Secretary of Justice, GR 203335, 11
Feb 2014, supra.
Criticism on the government no matter how severe is
within the range of liberty of speech unless the intention C. Regulations: Content-based vs content-neutral
and effect be seditious. (People v. Perez)

Without his assurance, the individual would hesitate to

WAG MO BIGAY SA IBA PLS SAYO KO LANG NISHARE
state interest and that the classification is at least
Content-Based Content-Neutral
Regulations Regulation substantially related to serving that interest.
(this is from equal protection, i haven’t found anything
Object of Restraint for speech, kasi sabi it’s the O’Brien Test)

Restraint is aimed at the Restraint aims to - Strict Scrutiny

distort public debate, regulate the time, place Speech content may be regulated only to further a
have improper motivation or manner of the compelling public interest in a way that does not impair
and are usually imposed expression in public speech more than is absolutely necessary to further that
because of fear of how places without any interest
people will react to a restraint on the content of
particular speech the expression.
2. Applications
TEST FOR VALIDITY *see above table

Cases
1. Strict Scrutiny Intermediate Approach or - Osmena v Comelec, GR 132231, 31 Mar 1998
2. Clear and the O’Brien Test
Present Danger
Test D. Facial challenges: Void-for-vagueness and
Overbreadth doctrines
APPLICATION*
Facial Challenge- is a challenge against the
A rule such as that Regulation of time, place constitutionality of a statute that can be filed even where
involved in Sanidad v and manner of holding the petitioner claims no actual violation of his own rights
COMELEC prohibiting public assemblies under under the assailed statue but relies instead on the
columnists, B.P. Blg. 880, the Public potential violation of his or other persons’ rights.
commentators, and Assembly Act of 1985
announcers from A facial challenge is allowed to be made to vague statue
campaigning either for or
and to which is overbroad because of possible “chilling
against an issue in a
plebiscite must have a effect” upon protected speech.
compelling reason to
support it, or it will not Overbreadth Doctrine - which prohibits government
pass muster under strict from achieving its purpose by “means that sweep
scrutiny unnecessarily broadly, reaching constitutionally
protected as well as unprotected activity”.
1. Tests:
- O’Brien Test: US v O’Brien, 391 US 367 (1968) Void-for-Vagueness - A statute or act suffers from the
A government regulation is valid if: defect of vagueness when it lacks comprehensible
1. It is within the constitutional power of standards that men of common intelligence must
government; necessarily guess at its meaning and differ as to its
2. It furthers an important or substantial application. It is repugnant to the Constitution in two
governmental interest; respects:
3. The governmental interest is unrelated to the (1) it violates due process for failure to accord persons,
suppression of free expression; and especially the parties targeted by it, fair notice of the
4. The incidental restriction on the freedom is no conduct to avoid; and
greater than is essential to the furtherance of (2) it leaves law enforcers unbridled discretion in
that interest. carrying out its provisions and becomes an arbitrary
flexing of the Government muscle.
- Intermediate Scrutiny Test
It is used as a test for evaluating classification based on Cases:
gender and legitimacy. The government must show that - Southern Hemisphere Engagement Network, Inc.
the challenged classification serves as an important v Anti-Terrorism Council, GR
WAG MO BIGAY SA IBA PLS SAYO KO LANG NISHARE
178552 5 Oct 2010 patently offensive way sexual conduct
- Estrada v Sandigabnayan, GR 148560, 19 Nov 2001 specifically defined by the applicable state law
- Disini v Secretary of Justice, GR 203335, 11 Feb 3. Whether the work taken as a whole lacks
2014, supra. serious literary, artistic, political, or scientific
value.
E. State regulations of different types of media
Cases:
1. Print media - People v Go Pin, GR L-7491, 8 Aug 1955
- People v Kottinger, GR L-20569, 29Oct 1923
If the allegedly libelous statements would otherwise be
constitutionally protected from the present judgment, 3. Movies and television
they do not forfeit that protection because they were The power of the Board of Review for Motion Pictures
published in the form of a paid advertisement. (New and Television (BRMPT) [now the Movie and Television
York Times v Sullivan) Review and Classification Board (MTR'CB)] can be
exercised only for purposes of “classification”, not
Cases: censorship.
- NewYork Times v Sullivan, 376 US 254 (1964)
"The law gives the Board the power to screen, review
2. Photos, pictures, paintings, sculptures and examine all ‘television programs.’ By the clear
terms of the law, the Board has the power to ‘approve,
If such pictures, sculptures and paintings are shown in delete x x x and/or prohibit the x x x exhibition and/or
art exhibits and art galleries for the cause of art, to be television broadcast of x x x television programs x x x.’
viewed and appreciated by people interested in art, The law also directs the Board to apply ‘contemporary
there would be no offense committed. However, the Filipino cultural values as standard’ to determine those
pictures here in question were used not exactly for art's which are objectionable for being ‘immoral, indecent,
sake but rather for commercial purposes. In other contrary to law and/or good customs, injurious to the
words, the supposed artistic qualities of said pictures prestige of the Republic of the Philippines and its
were being commercialized so that the cause of art was people, or with a dangerous tendency to encourage the
of secondary or minor importance. (People v Go Pin) commission of violence or of a wrong or crime.’" Commented [12]: Hindi ako agree dito. Art shouldn't
(MTRCB v ABS-CBN and Loren Legadra, GR 155282, be free. Watching a movie isn't free, that's art.
The Philippine statute does not attempt to define 17 Jan 2005)
obscene or indecent pictures, writings, papers, or
books. But the words "obscene or indecent" are - PD 1986 – MTRCB
themselves descriptive. They are words in common
used and every person of average intelligence Cases:
understand their meaning. The pictures in question -MTRCB v ABS-CBN and Loren Legadra, GR
merely depict persons as they actually live, without 155282, 17 Jan 2005 (Newsreel)
attempted presentation of persons in unusual postures - Gonzalez v Kalaw Katigbak, GR 69500, 22 Jul 1985
or dress. The aggregate judgment of the Philippine
community, the moral sense of all the people in the 4. Radio
Philippines, would not be shocked by photographs of “privacy concerns give way when balanced against the
this type. We are convicted that the post-card pictures interest in publishing matters of public importance.”
in this case cannot be characterized as offensive to (Bartnicke v Vopper)
chastity, or foul, or filthy. (People v Kottinger)
All forms of communication are entitled to the broad
Definition of obscene protection of the freedom of expression clause.
1. Whether the average person, applying Necessarily, however, the freedom of television and
contemporary standards would find the work radio broadcasting is somewhat lesser in scope than
taken as a whole appeals to the prurient the freedom accorded to newspaper and print media. Commented [13]: having or encouraging an excessive
interest The broadcast media have also established a uniquely interest in sexual matters.
2. Whether the word depicts or describes ina pervasive presence in the lives of all Filipinos,
WAG MO BIGAY SA IBA PLS SAYO KO LANG NISHARE
Newspapers and current books are found only in communications transmitted online. However, it did not
metropolitan areas and in the poblaciones of find the expectation as objectively reasonable because
municipalities accessible to fast and regular traffic data sent through internet “does not disclose the
transportation. Even here, there are low income actual names and addresses (residential or office) of
masses who find the cost of books, newspapers, and the sender and the recipient, only their coded Internet
magazines beyond their humble means. Basic needs Protocol (IP) addresses.”
like food and shelter perforce enjoy high priorities. On
the other hand, the transistor radio is found everywhere. Even though the Court ruled that real-time traffic data
[Eastern Broadcasting Corp. (DYRE) v Dans] under Section 12 does not enjoy the objective
reasonable expectation of privacy, the existence of
Cases: enough data may reveal the personal information of its
- Bartnicki v Vopper, 532 US 514 (2001) sender or recipient, against which the Section fails to
- Eastern Broadcsting Corp. (DYRE) v Dans, GR L- provide sufficient safeguard. The Court viewed the law
59329, 19 Jul 1985 as “virtually limitless, enabling law enforcement
authorities to engage in “fishing expedition,” choosing
5. Live shows, theatrical performances whatever specified communication they want.”
Accordingly, the Court struck down Section 12 for lack
We have had occasion to consider offenses like the of specificity and definiteness as to ensure respect for
exhibition of still moving pictures of women in the nude, the right to privacy. (Disini v Secretary of Justice)
which we have condemned for obscenity and as
offensive to morals. In those cases, one might yet claim - RA 9239 – Optical Media Act of 2003 (Video
that there was involved the element of art; that Regulatory Board)
connoisseurs of the same, and painters and sculptors - RA 10175, Cybercrime Law
might find inspiration in the showing of pictures in the
nude, or the human body exhibited in sheer nakedness, Case: Disini v Secretary of Justice, GR 203335, 11
as models in tableaux vivants. Feb 2014, supra.

But an actual exhibition of the sexual act, preceded by The Fifth Estate
acts of lasciviousness, can have no redeeming feature. The Fifth Estate is a socio-cultural reference to
In it, there is no room for art. One can see nothing in it groupings of outlier viewpoints in contemporary society,
but clear and unmitigated obscenity, indecency, and an and is most associated with bloggers, journalists
offense to public morals, inspiring and causing as it publishing in non-mainstream media outlets, and the
does, nothing but lust and lewdness, and exerting a social media or "social license".
corrupting influence specially on the youth of the land.
(People v Padan) Making reference to the medieval concept of "three
estates of the realm" (clergy, nobility, and commoners)
Case: People v Padan y Alova, GR L-7295, 28 Jun and to a more recently developed model of "four
1957 estates", which encompasses the media, Nayef Al-
Rodhan introduces the weblogs (blogs) as a "fifth estate
6. Optical media, video, internet of the realm". Blogs have potential and real influence on
contemporary policy-making, especially in the context
Spams are a category of commercial speech, which of elections, reporting from conflict zones, and raising
does not receive the same level of protection as other dissent over corporate or legislative policies. Based on
constitutionally guaranteed forms of expression ,”but is these observations, Al-Rodhan suggests moving
nonetheless entitled to protection.” It ruled that the beyond traditional thinking that limits the “estates of the
prohibition on transmitting unsolicited communications realm” to governmental action and proposes a broader
“would deny a person the right to read his emails, even perspective in which civilians or anyone with access to
unsolicited commercial ads addressed to him.” a computer and the Internet can contribute to the global
political change and security. (I got this from wikipedia,
The Court noted that internet users have subjective pls dont come at lol)
reasonable expectation of privacy over their
WAG MO BIGAY SA IBA PLS SAYO KO LANG NISHARE
F. Kinds of speeches d. Freedom of circulation

1. Core speeches (political, social religious) vs - Disini v Secretary of Justice, GR 203335, 11 Feb
Commercial speeches (Advertisement of goods 2014, supra.
and services)
3. Peaceful Assembly and Petition of Redress of
Grievances
Core speeches Commercial speeches
The right to assemble is not subject to prior restraint.
Definition It may not be conditioned upon the prior issuance of a
permit or authorization from government authorities.
However, the right must be exercised in such a way as
Political, Social, and It means communication
will not prejudice the public welfare.
Religious Speeches whose sole purpose is to
propose a commercial
Political speech refers to transaction. It has not If the assembly is to be held in a public place, a permit
speech “both intended however been accorded for the use of such place, and not for the assembly itself,
and received as a the same level of may be validly required.
contribution to public protection as that to
deliberation about some what its called a core
But the power of local officials in this regard is merely
issue,” “fostering speech such as a
informed and civic- political speech. one of regulation, not prohibition.
minded deliberation.”
In Bayan v. Ermita, SC upheld the constitutionality of
B.P. 880. The Court said that it is not an absolute ban
Purpose on public assemblies but a restriction that simply
regulates the time, place and manner of the assemblies.
Nature of human being For profit
In Osmena v. Comelec, the Court referred to it as a
“content-neutral” regulation of the time, place and
Commercial speech is a separate category of speech
manner of holding public assemblies. The reference to
which is not accorded the same level of protection as
“lawful cause” does not make it “content-based”,
that given to other constitutionally guaranteed forms of
because assemblies really have to be for lawful causes;
expression but is nonetheless entitled to protection.
otherwise, they would not be “peaceable” and entitled
to protection. Neither are the words “opinion”,
The State cannot rob him of this right without violating
“protesting” and “influencing” in the definition of public
the constitutionally guaranteed freedom of expression.
assembly “content-
Unsolicited advertisements are legitimate forms of
expression.
Summary of BP 880
● A permit to hold a public assembly shall not be
Cases:
necessary where the meeting is to be held in a
- Diocese of Bacolod v Comelec, GR 205728, 21 Jan
private place, in the campus of a government-
2015
owned or -operated educational institution, or in
- Pharmaceutical and Health Care Association of
a freedom park.
the Philippines vs.
● Where a permit is required, the written
Secretary of Health Duque, GR 173034, 9
application shall be filed with the mayor’s office
Oct 2007
at least 5 days before the scheduled meeting
- Disini v Secretary of Justice, GR 203335, 11 Feb
and shall be acted upon within two days,
2014, supra.
otherwise the permit shall be deemed granted.
● Denial of the permit may be justified only upon
2. Freedom of the press: 4 Aspects
clear and convincing evidence that the public
assembly will create a clear and present danger
a. Freedom from prior restraint
to public order, safety, convenience, morals or
b. Freedom from subsequent punishment
health.
c. freedom of access to information
WAG MO BIGAY SA IBA PLS SAYO KO LANG NISHARE
● Action on the application shall be open space of public ownership where the
communicated within 24 hours to the applicant, people are allowed access.
who may appeal the same to the appropriate ● Modification of permit shall include the
court. Decision must be reached within 24 change of the place and time of the public
hours. assembly, rerouting of the parade or street
● The law permits law enforcement agencies to march, the volume of loud-speakers or sound
detail a contingent under a responsible officer system and similar changes.
at least 100 meters away from the assembly in
case it becomes necessary to maintain order. Permit when required
A written permit shall be required for any person or
BP 880 - Public Assembly Act of 1985 persons to organize and hold a public assembly in a
Effectivity: On its approval - October 22, 1985. public place.

Declaration of policy Permit when not required

The constitutional right of the people peaceably to No permit shall be required if the public assembly shall
assemble and petition the government for redress of be done or made in a
grievances is essential and vital to the strength and - freedom park duly established by law or
stability of the State. To this end, the State shall ensure ordinance or
the free exercise of such right without prejudice to the - in private property, in which case only the
rights of others to life, liberty and equal protection of the consent of the owner or the one entitled to its
law. legal possession is required, or
- in the campus of a government-owned and
● Public assembly means any rally, operated educational institution which shall be
demonstration, march, parade, procession or subject to the rules and regulations of said
any other form of mass or concerted action held educational institution.
in a public place for the purpose of presenting
a lawful cause; or expressing an opinion to the Not covered by this Act
general public on any particular issue; or Political meetings or rallies held during any election
protesting or influencing any state of affairs campaign period as provided for by law
whether political, economic or social; or
petitioning the government for redress of Application for permit requirements
grievances. 1. The applications shall be in writing and shall
include the names of the leaders or organizers;
The processions, rallies, parades, the purpose of such public assembly; the date,
demonstrations, public meetings and time and duration thereof, and place or streets
assemblages for religious purposes shall be to be used for the intended activity; and the
governed by local ordinances: Provided, probable number of persons participating, the
however, That the declaration of policy as transport and the public address systems to be
provided in Section 2 of this Act shall be used;
faithfully observed.
2. The application shall incorporate the duty and
The definition herein contained shall not responsibility of applicant;
include picketing and other concerted action in
strike areas by workers and employees 3. The application shall be filed with the office of
resulting from a labor dispute as defined by the the mayor of the city or municipality in whose
Labor Code, its implementing rules and jurisdiction the intended activity is to be held, at
regulations, and by the Batas Pambansa Bilang least five (5) working days before the scheduled
227. public assembly; and
● Public place shall include any highway,
boulevard, avenue, road, street, bridge or other 4. Upon receipt of the application, which must be
thoroughfare, park, plaza, square, and/or any duly acknowledged in writing, the office of the
WAG MO BIGAY SA IBA PLS SAYO KO LANG NISHARE
city or municipal mayor shall cause the same to h. In all cases, any decision may be appealed to
immediately be posted at a conspicuous place the Supreme Court.
in the city or municipal building. i. Telegraphic appeals to be followed by formal
appeals are hereby allowed.
Action to be taken on the application
a. It shall be the duty of the mayor or any official Non-interference by law enforcement authorities
acting in his behalf to issue or grant a permit Law enforcement agencies shall not interfere with the
unless there is clear and convincing evidence holding of a public assembly.
that the public assembly will create a clear and
present danger to public order, public safety, However, to adequately ensure public safety, a law
public convenience, public morals or public enforcement contingent under the command of a
health. responsible police officer may be detailed and stationed
b. The mayor or any official acting in his behalf in a place at least one hundred (100) meter away from
shall act on the application within two (2) the area of activity ready to maintain peace and order
working days from the date the application was at all times.
filed, failing which, the permit shall be deemed
granted. Should for any reason the mayor or Dispersal of public assembly with permit
any official acting in his behalf refuse to accept No public assembly with a permit shall be dispersed.
the application for a permit, said application
shall be posted by the applicant on the However, when an assembly becomes violent, the
premises of the office of the mayor and shall be police may disperse such public assembly.
deemed to have been filed.
c. If the mayor is of the view that there is imminent Dispersal of public assembly without permit
and grave danger of a substantive evil When the public assembly is held without a permit
warranting the denial or modification of the where a permit is required, the said public assembly
permit, he shall immediately inform the may be peacefully dispersed.
applicant who must be heard on the matter.
d. The action on the permit shall be in writing and Freedom parks
served on the application within twenty-four Every city and municipality in the country shall within six
hours. months after the effectivity of this Act establish or
e. If the mayor or any official acting in his behalf designate at least one suitable "freedom park" or mall
denies the application or modifies the terms in their respective jurisdictions which, as far as
thereof in his permit, the applicant may contest practicable, shall be centrally located within the
the decision in an appropriate court of law. poblacion where demonstrations and meetings may be
f. In case suit is brought before the Metropolitan held at any time without the need of any prior permit.
Trial Court, the Municipal Trial Court, the
Municipal Circuit Trial Court, the Regional Trial In the cities and municipalities of Metropolitan Manila,
Court, or the Intermediate Appellate Court, its the respective mayors shall establish the freedom parks
decisions may be appealed to the appropriate within the period of six months from the effectivity of this
court within forty-eight (48) hours after receipt Act.
of the same. No appeal bond and record on
appeal shall be required. A decision granting Heckler’s Veto (Terminiello v Chicago (1949)
such permit or modifying it in terms satisfactory Heckler’s Veto
to the applicant shall, be immediately It involves situations in which the government attempts
executory. to ban protected speech because it might provoke a
g. All cases filed in court under this Section shall violent response. In such situations the mere possibility
be decided within twenty-four (24) hours from of a violent reaction to protected speech is simply not a
date of filing. Cases filed hereunder shall be constitutional basis on which to restrict the right to
immediately endorsed to the executive judge speech.
for disposition or, in his absence, to the next in
rank. The government cannot grant power to a private actor,
WAG MO BIGAY SA IBA PLS SAYO KO LANG NISHARE
the heckler, to unilaterally silence a speaker because of
a concern for the violent reaction by the heckler. a. alarming and scandalous
Ex. Shouting there is fire/earthquake
This may be in the guise of a permit requirement in the
holding of rallies, parades, or demonstrations b. inciting to sedition, rebellion
conditioned on the payment of a fee computed on the Mere act of inciting sedition or rebellion constitutes a
basis of the cost needed to keep order in view of the crime, even if sedition or rebellion does not take place.
expected opposition by persons holding control
reviews. Article 138. Inciting a rebellion or insurrection. - The
penalty of prision mayor in its minimum period shall be
Terminiello v Chicago (1949) imposed upon any person who, without taking arms or
Facts: being in open hostility against the Government, shall
Father Arthur Terminiello, in an auditorium in Chicago, incite others to the execution of any of the acts specified
delivered a vitriolic speech in which he criticized various in article 134 of this Code, by means of speeches,
political and racial groups and viciously condemned the proclamations, writings, emblems, banners or other
protesting crowd that had gathered outside the representations tending to the same end. (Reinstated
auditorium. Policemen assigned to the event were by E.O. No. 187).
unable to prevent several disturbances by the "angry
and turbulent" crowd. The police arrested Terminiello Article 134. Rebellion or insurrection; How
for "breach of the peace." He was then tried and committed. - The crime of rebellion or insurrection is
convicted for his central role in inciting a riot. committed by rising publicly and taking arms against the
Government for the purpose of removing from the
Issue allegiance to said Government or its laws, the territory
Did the Chicago ordinance violate Terminiello's right of of the Philippine Islands or any part thereof, of any body
free expression guaranteed by the First Amendment? of land, naval or other armed forces, depriving the Chief
Executive or the Legislature, wholly or partially, of any
Ruling: of their powers or prerogatives.
In a 5-to-4 decision, the Court held that the "breach of
the peace" ordinance unconstitutionally infringed upon Article 142. Inciting to sedition.
the freedom of speech. Noting that the vitality of civil The penalty of prision correccional in its maximum
and political institutions in our society depends on free period and a fine not exceeding 2,000 pesos shall be
discussion, the Court held that speech could be imposed upon any person who, without taking any
restricted only in the event that it was "likely to produce direct part in the crime of sedition, should incite others
a clear and present danger of a serious substantive evil to the accomplishment of any of the acts which
that rises far above public inconvenience, annoyance, constitute sedition, by means of speeches,
or unrest. Justice Douglas wrote that a function of free proclamations, writings, emblems, cartoons, banners,
speech under our system is to invite dispute. It may or other representations tending to the same end, or
indeed best serve its high purpose when it induces a upon any person or persons who shall utter seditious
condition of unrest, creates dissatisfaction with words or speeches, write, publish, or circulate
conditions as they are, or even stirs people to anger. scurrilous libels against the (Government of the United
States or the Government of the Commonwealth of the
Cases: Philippines) or any of the duly constituted authorities
- Primicias vs. Mayor Fugoso, GR L-1800, 27 Jan thereof, or which tend to disturb or obstruct any lawful
1948 officer in executing the functions of his office, or which
- Navarro vs. Mayor Villegas, GR 31687, 26 Feb 1970 tend to instigate others to cabal and meet together for
- Ignacio vs. Mayor Ela, GR L-6858, 31 May 1956 unlawful purposes, or which suggest or incite rebellious
- J.B.L Reyes v Bagatsing, GR L-65366, 9 Nov 1983 conspiracies or riots, or which lead or tend to stir up the
- David v Macapagal-Arroyo, GR 171396, 3 May 2006 people against the lawful authorities or to disturb the
- Bayan v Ermita, GR 169838, 25 Apr 2006 peace of the community, the safety and order of the
Government, or who shall knowingly conceal such evil
4. Unprotected speeches practices. (Reinstated by E.O. No. 187).
WAG MO BIGAY SA IBA PLS SAYO KO LANG NISHARE
Cases: the mental, moral, and physical fitness of candidates for
- Espuelas vs. People, GR. L-2990, 17 Dec 1957 public office. However, the rule applies only to fair
- Corro vs. Lising GR 69899, 15 Jul 1985 comment on matters of public interest, fair comment
being that which is true, or if false, expresses the real
c. libel, slander and other forms of defamation, opinion of the author based upon reasonable degree of
blackmail care and on reasonable grounds. The principle does not
Libel grant an absolute license to authors or writers to destroy
A public and malicious imputation of a crime, or of a vice the persons of candidates for public office by exposing
or defect, real or imaginary, or any act, omission, the latter to public contempt or ridicule by providing the
condition, status, or circumstance tending to cause the general public with publications tainted with express or
dishonor, discredit, or contempt of a natural or juridical actual malice. In the latter case, the remedy of the
person, or to blacken the memory of one who is dead person allegedly libelled is to show proof that an article
(Art. 353 RPC). was written with the author’s knowledge that it was
Elements of libel: false, or with reckless disregard of whether it was false
1. imputation of a discreditable act or condition to or not.
another; Cases:
2. publication of the imputation; - Lopez vs. CA, GR L-2654, 31 Jul 1970
3. identity of the person defamed; and - Borjal vs. CA, GR 126466, 14 Jan 1999
4. existence of malice - Disini v Secretary of Justice, GR 203335, 11 Feb
2014, supra.
Slander
Oral defamation is called slander (Art. 358 RPC). d. fighting words, hate words
Elements of oral defamation: Ex. curse words
1. there must be an imputation of a crime, or of a
vice or defect, real or imaginary, or any act, e. obscenity
omission, status or circumstances; Basic guidelines to define obscenity (Miller v.
2. made orally; California):
3. Publicly; 1. whether the average person, applying
4. maliciously; contemporary standards, would find that the
5. directed to a natural or juridical person, or one work, taken as a whole, appeals to the prurient
who is dead; interest;
6. which tends to cause dishonor, discredit or 2. whether the work depicts or describes, in a
contempt of the person defamed. patently offensive way, sexual conduct
Presumption specifically defined by the applicable state law;
GR: Every defamatory imputation is presumed to be and
malicious. 3. whether the work, taken as a whole, lacks
Ecx: But this presumption of malice does not exist in the serious literary, artistic, political or scientific
following instances: value.
1. A private communication made by any person
to another in the performance of any legal, In Fernando v. Court of Appeals, Court held that no one
moral or social duty; and will be subject to prosecution for the sale or exposure of
2. A fair and true report, made in good faith, obscene materials- unless these materials depict or
without any comments or remarks, of any describe patently offensive “hard core” sexual conduct.
judicial, legislative or other official proceedings What remains clear is that obscenity is an issue proper
which are not of a confidential nature, or of any for judicial determination and should be treated on a
statement, report or speech delivered in said case-to-case basis, and on the judge’s sound
proceedings, or of any act performed by public discretion.
officers in the exercise of their functions.
In U.S. v. Kottinger, the Supreme Court acquitted the
In Baguio Midland Courier v. Court of Appeals, it was accused who was charged of having offered for sale
reiterated that the public has the right to be informed on pictures of half-clad members of non-Christian tribes,
WAG MO BIGAY SA IBA PLS SAYO KO LANG NISHARE
holding that he had only presented them in their native individuals’ prurient interest.
attire.
3. Relative Obscenity Test / Average Person “Child”
In People v. Go Pin, the accused was convicted for Test
exhibiting nude paintings and pictures, notwithstanding There is no perfect definition of "obscenity" but the
his claim that he had done so in the interest of art. The latest word is that of Miller v. California which
Supreme Court, noting that he had charged admission established basic guidelines, to wit:
fees to the exhibition, held that his purpose was 1. whether to the average person, applying
commercial, not merely artistic. contemporary standards would find the work,
taken as a whole, appeals to the prurient
In Pita v. Court of Appeals, supra., the Supreme Court interest;
declared that the determination of what is obscene is a 2. whether the work depicts or describes, in a
judicial function. patently offensive way, sexual conduct
specifically defined by the applicable state law;
Standards / Tests: and
1. Regina vs Hicklin test / Isolated Passage 3. whether the work, taken as a whole, lacks
test; (English case) serious literary, artistic, political, or scientific
The test of obscenity is whether the tendency of the value. (Soriano v. Laguardia)
matter charged as obscenity is to deprave and corrupt Cases:
those whose minds are open to such immoral - Soriano v Laguardia, GR 164785, 29 Apr 2009; GR
influences and into whose hands a publication of this 165636, 15
sort may fall. Mar 2010
- Federal Communications Commission (FCC) vs.
On application of the Hicklin test, a publication can be Pacifica
judged for obscenity based on isolated passages of a Foundation, (438 US 726, 1978).
work considered out of context. Works can be judged - Pita v CA, GR 80806, 5 Oct 1989
by their apparent influence on most susceptible
readers, such as children or weak-minded adults. 5. Limitations on free speech

2. Roth Test/Dominant Theme Test/Average a. Intellectual property right

Person Test/Contemporary Community
Standard Test/ Social Redeeming Value - RA 8293 - Intellectual Property Code (1997)
Test (Roth vs. US, 354 US 476, 1957). - Textbook Printing Law and International Treaties
Whether to the average person, applying contemporary on Copyright
community standards, the dominant theme of the - copyright, fair use and decompilation
material, taken as a whole, appeals to the prurient - infringement, plagiarism
interest.
or b. Fair administration of justice
A test for obscenity derived from Roth that included
- contempt / subjudice
the following five-part structure:
1. the perspective of evaluation was that of an Cases:
ordinary, reasonable person; - Roque v Chief of Staff, GR 214986, 15 Feb 2017
2. community standards of acceptability were to
be used to measure obscenity; c. Fair conduct of elections
3. works whose predominant theme was
questionable were the only target of obscenity - RA 9006 - Fair Election Act (2001)
law; Lawful Election Propaganda
4. a work, in order to be evaluated for obscenity, Election propaganda, whether on television, cable
had to be taken in its entirety, and television, radio, newspapers or any other medium is
5. an obscene work was one that aimed to excited hereby allowed for all registered political parties,
WAG MO BIGAY SA IBA PLS SAYO KO LANG NISHARE
national, regional, sectoral parties or organizations done in any radio or television station in said province
participating under the party list elections and for all or city, which shall be known as "COMELEC Time".
bona fide candidates seeking national and local elective
positions subject to the limitation on authorized Said time shall be allocated to the COMELEC free of
expenses of candidates and political parties, charge, while said space shall be allocated to the
observance of truth in advertising and to the supervision COMELEC upon payment of just compensation. The
and regulation by the Commission on Elections. COMELEC time and space shall be utilized exclusively
by the COMELEC for public information dissemination
Lawful election propaganda shall include: on election-related concerns.
1. Pamphlets, leaflets, cards, decals, stickers or
other written or printed materials the size of Posting of Campaign Materials
which does not exceed eight and one half The COMELEC may authorize political parties and
inches in width and fourteen inches in length; party-list groups to erect common poster areas for their
2. Handwritten or printed letters urging voters to candidates in not more than ten (1) public places such
vote for or against any particular political party as plazas, markets, barangay centers and the like,
or candidate for public office; wherein candidates can post, display or exhibit election
3. Cloth, paper or cardboard posters, whether propaganda: Provided, That the size of the poster areas
framed or posted, with an area not exceeding shall not exceed twelve (12) by sixteen (16) feet or its
two (2) feet by three (3) feet, except that, at the equivalent.
site and on the occasion of a public meeting or
rally, or in announcing the holding of said Independent candidates with no political parties may
meeting or rally, streamers not exceeding three likewise be authorized to erect common poster areas in
(3) feet by eight (8) feet in size, shall be not more than ten (10) public places, the size of which
allowed: Provided, That said streamers may be shall not exceed four (4) by six (6) feet or its equivalent.
displayed five (5) days before the date of the
meeting or rally and shall be removed within Candidates may post any lawful propaganda material in
twenty-four (24) hours after said meeting or private places with the consent of the owner thereof,
rally; and in public places or property which shall be allocated
4. Paid advertisements in print or broadcast equitably and impartially among the candidates.
media: Provided, That the advertisements shall
follow the requirements set forth in Section 4 of Conducting surveys and exit polls
this Act; and Election Surveys
5. All other forms of election propaganda not Election surveys refer to the measurement of opinions
prohibited by the Omnibus Election Code or this and perceptions of the voters as regards a candidate's
Act. popularity, qualifications, platforms or a matter of public
discussion in relation to the election, including voters'
Equal Access to Media Time and Space preference for candidates or publicly discussed issues
All registered parties and bona fide candidates shall during the campaign period.
have equal access to media time and space.
During the election period, any person, natural as well
COMELEC Space and Time as juridical, candidate or organization who publishes a
The COMELEC shall procure shall in at least one (1) survey must likewise publish the following information:
newspaper of general circulation and air time in at least 1. The name of the person, candidate, party or
one (1) major broadcasting station or entity in every organization who commissioned or paid for the
province or city: survey;
Provided, however, That in the absence of said 2. The name of the person, polling firm or survey
newspaper, publication shall be done in any other organization who conducted the survey;
magazine or periodical in said province or city, which 3. The period during which the survey was
shall be known as "COMELEC Space": conducted, the methodology used, including
Provided, further, That in the absence of said the number of individual respondents and the
broadcasting station or entity, broadcasting shall be areas from which they were selected, and the
WAG MO BIGAY SA IBA PLS SAYO KO LANG NISHARE
specific questions asked; any Publication from Revealing the Source of Published
4. The margin of error of the survey; News or Information Obtained in Confidence", as
5. For each question for which the margin of error amended by Republic Act No. 1477, is hereby further
is greater than that reported under paragraph amended, to read as follows:
(d), the margin of error for that question; and
6. A mailing address and telephone number, Sec. 1. Without prejudice to his ability under the civil
indicating it as an address or telephone number and criminal laws, any publisher, owner, or duly
at which the sponsor can be contacted to obtain recognized or accredited journalist, writer, reporter,
a written report regarding the survey in contributor, opinion writer, editor, columnist, manager,
accordance with Subsection 5.3. media practitioner involved in the writing, editing,
production, and dissemination of news for mass
The survey together with raw data gathered to support circulation, of any print, broadcast, wire service
its conclusions shall be available for inspection, copying organization, or electronic mass media, including cable
and verification by the COMELEC or by a registered TV and its variants, cannot be compelled to reveal the
political party or a bona fide candidate or by any source of any news item, report or information
COMELEC-accredited citizen's arm. A reasonable fee appearing or being reported or disseminated through
sufficient to cover the costs of inspection, copying and said media, which was related in confidence to the
verification may be charged. abovementioned media practitioners unless the court or
the House of Representatives or the Senate or any
Surveys affecting national candidates shall not be committee of Congress finds that such revelation is
published fifteen (15) days before an election and demanded by the security of the State.
surveys affecting local candidates shall not be
published seven (7) days before an election. Case: In re: Parazo, GR 082027, 3 Dec 1948

Exit Polls e. Academic Freedom (Student Rights vs. School

Exit polls may only be taken subject to the following Rules and Regulations)
requirements:
1. Pollsters shall not conduct their surveys within Cases:
fifty (50) meters from the polling place, whether - CoTeSCUP v Secretary of Education, GR 216930,
said survey is taken in a home, dwelling place 9 Oct 2018 (K-12)
and other places; - Pimentel v Legal Education Board, GR 230642 / GR
2. Pollsters shall wear distinctive clothing; 242954, 10 Sep 2019
3. Pollsters shall inform the voters that they may (Philsat)
refuse to answer; and
4. The result of the exit polls may be announced f. offending the religious feelings
after the closing of the polls on election day, Article 133 of the RPC. Offending the religious
and must clearly identify the total number of feelings. - The penalty of arresto mayor in its maximum
respondents, and the places where they were period to prision correccional in its minimum period shall
taken. Said announcement shall state that the be imposed upon anyone who, in a place devoted to
same is unofficial and does not represent a religious worship or during the celebration of any
trend. religious ceremony shall perform acts notoriously
Cases: offensive to the feelings of the faithful.
- SWS v Comelec, GR 147571, 5 May 2001
-GMA Network v Comelec, GR 205257, 2 Sep 2014 Case: Celdran v People, GR 220127, 21 Mar 2018
- I-UTAK v Comelec, GR 206020, 14 Apr 2015
g. Freedom of Speech and Expression vs Right to
d. National security (see also Inciting to Rebellion Privacy
and Sedition, supra.)
- RA 53, as amended by RA 1477 – Shield Law Public Figure (Ayer v Judge Capulong)
Section 1 of Republic Act No. 53, otherwise known as A public figure has been defined as a person who, by
"An Act to Exempt the Publisher, Editor or Reporter of his accomplishments, fame, or mode of living, or by
WAG MO BIGAY SA IBA PLS SAYO KO LANG NISHARE
adopting a profession or calling which gives the public similar matters of genuine, if more or less deplorable,
a legitimate interest in his doings, his affairs, and his popular appeal.
character, has become a 'public personage.'
The privilege of enlightening the public was not,
He is, in other words, a celebrity. Obviously to be however, limited, to the dissemination of news in the
included in this category are those who have achieved scene of current events. It extended also to information
some degree of reputation by appearing before the or education, or even entertainment and amusement,
public, as in the case of an actor, a professional by books, articles, pictures, films and broadcasts
baseball player, a pugilist, or any other entertainment. concerning interesting phases of human activity in
The list is, however, broader than this. general, as well as the reproduction of the public scene
in newsreels and travelogues. In determining where to
It includes public officers, famous inventors and draw the line, the courts were invited to exercise a
explorers, war heroes and even ordinary soldiers, an species of censorship over what the public may be
infant prodigy, and no less a personage than the Grand permitted to read; and they were understandably liberal
Exalted Ruler of a lodge. It includes, in short, anyone in allowing the benefit of the doubt.
who has arrived at a position where public attention is Cases:
focused upon him as a person. - Lagunzad v Sotto, GR L-32066, 6 Aug 1979
- Ayer v Judge Capulong, GR 82380, 29 Apr 1988
Such public figures were held to have lost, to some (public figure)
extent at least, their right to privacy. Three reasons
were given, more or less indiscriminately, in the
decisions" that they had sought publicity and consented
to it, and so could not complaint when they received it;
that their personalities and their affairs has already
public, and could no longer be regarded as their own
private business; and that the press had a privilege,
under the Constitution, to inform the public about those
who have become legitimate matters of public interest.
On one or another of these grounds, and sometimes all,
it was held that there was no liability when they were
given additional publicity, as to matters legitimately
within the scope of the public interest they had aroused.

The privilege of giving publicity to news, and other

matters of public interest, was held to arise out of the
desire and the right of the public to know what is going
on in the world, and the freedom of the press and other
agencies of information to tell it. "News" includes all
events and items of information which are out of the
ordinary hum-drum routine, and which have 'that
indefinable quality of information which arouses public
attention.' To a very great extent the press, with its
experience or instinct as to what its readers will want,
has succeeded in making its own definition of news, as
a glance at any morning newspaper will sufficiently
indicate. It includes homicide and other crimes, arrests
and police raides, suicides, marriages and divorces,
accidents, a death from the use of narcotics, a woman
with a rare disease, the birth of a child to a twelve year
old girl, the reappearance of one supposed to have
been murdered years ago, and undoubtedly many other