39079742 political law reviewer

8/4/2019 39079742 Political Law Reviewer

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P o l i t i c a l L a w R e v i e w

Political Law is that branch of public law, which deals

with the organization and operations of the governmentalorgans of the state and defines the relations of the State

with the inhabitants of its territory (People v Perfecto)

CONSTITUTIONAL LAW

Constitutional law designates the law embodied in the

Constitution and the legal principles growing out of theinterpretation and application of its provisions by the

courts in specific cases.

Constitution is the document which serves as the

fundamental law of the state; it is the written instrument

by which the fundamental powers of government are

established, limited and defined, and by which thosepowers are distributed among the several departments for

their safe and useful exercise for the benefit of the body

politic.

Classification:

1. written (conventional or enacted) againstunwritten (cumulative or evolved)

2. rigid against flexible

Essential parts of a written constitution:1. constitution of government

2. constitution of liberty

3. constitution of sovereigntyThe Philippine Constitution is written and rigid (art. xvii)

The 1987 Constitution took effect on 02 February, 1987,

the date of the plebiscite for its ratification and not on the

date its ratification was proclaimed (De Leon v Esguerra)

Interpretation: a doubtful provision shall be examinedin the light of the history of the times and the conditions

and circumstances under which the Constitution was

framed (Civil Liberties Union v Executive Secretary). In

case of doubt, the provisions should be considered self-executing; mandatory rather directory; and prospective

rather retroactive.

Underthe Doctrine of Constitutional Supremacy, if alaw or contract violates any norm of the Constitution,

that law or contract, whether promulgated by thelegislative or by the executive branch or entered into byprivate persons for private purposes, is null and void and

without any force and effect.

Thus, since the Constitution is the fundamental,

paramount and supreme law of the nation, it is deemedwritten in every statute and contract (Manila Prince Hotel

v GSIS)

The Concept of the State

State is a community of persons, more or less numerous,

permanently occupying a definite portion of territory,

independent of external control, and possessing a

government to which a great body of the inhabitantsrender habitual obedience; it is a politically organized

sovereign community independent of outside control

bound by ties of nationhood, legally supreme within itterritory, acting through a government functioning und

a regime of law (CIR v Campos Rueda)

Elements:

1. People- inhabitants of the State, the number ofwhich is capable for self-sufficiency and self-defense, both sexes for perpetuity

Different meanings of the word People in the

Constitution:a. people as inhabitants (sec. 1, art. xiii; sec. 15-

16, art. ii; sec. 2, art. iii)

b. people as citizens (preamble, secs. 1 and 4, artii; sec. 7, art. iii)

c. people as electors (sec. 4, art. vii; sec. 2, art. xv

sec. 25, art. xviii)

2.Territory- fixed portion of the surface of the earth

inhabited by the people of the State (see art. i)

3. Sovereignty- supreme and uncontrollable powinherent in a State by which that State is governed

Characteristics: permanent, exclusive, comprehensivabsolute, indivisible, inalienable, imprescriptible

Kinds of sovereignty:

1. Legal sovereignty is the authority which has thpower to issue final commands

2. Political sovereignty is the power behind thelegal sovereign, or the sum of the influences that opera

upon it

1. Internal sovereignty refers to the power of the

State to control its domestic affairs2. External sovereignty is the power of the State

direct its relations with other States

The Theory of Auto-Limitation provides that any sta

may by its consent, express or implied, submit to arestriction of its sovereign rights; there may thus be acurtailment of what otherwise is a power plenary in

character (Reagan v CIR)

Imperium is the states authority to govern embraced the concept of sovereignty; includes passing laws,

governing a territory, maintaining peace and order ove

it, and defending it against foreign invasion.

Dominium is the capacity of the state to own or acqui

property. (Lee Hong Hok v David)


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Effect of Belligerent Occupation: no change insovereignty; however, political laws, except those of

treason, are suspended; municipal laws remain in force

unless changed by the belligerent occupant.

The principle ofjus postliminium provides that at the

end of the occupation, political laws are automaticallyrevived (Peralta v Director of Prisons)

Effect of Change of Sovereignty: the political laws ofthe former sovereign, whether compatible or not with

those of the new sovereign, are automatically abrogated,

unless they are expressly re-enacted by the affirmative

act of the new sovereign; municipal laws remain in force(Macariola v Asuncion)

Jurisdiction is the manifestation of sovereignty

Territorial: authority to have all persons and things

within its territorial limits to be completely subject to itscontrol and protection

Personal: authority over its nationals, their persons,

property, and acts, whether within or outside its territory

Extraterritorial: authority over persons, things or acts,

outside its territorial limits by reason of their effects to itsterritory

The Act of State doctrine is an exercise of sovereign

power, which cannot be challenged, controlled orinterfered with by the court of law.

It refers to the political acts of a state, which areexercised as exclusive prerogatives by the political

departments of the government and not subject to judicial

review and for the consequences of which, even when

affecting private interests, they will not hold legallyresponsible those who command or perform them.

In its limited sense, it refers to the acts taken by the state

concerning as affecting aliens, like the inherent right ofevery sovereign statte to exclude resident aliens from the

territory when their continued presense is no longerdesirable from the standpointof its domestic interest andtranquility.

4.Government- that institution or aggregate of

institutions by which an independent society makes andcarries out those rules of action which are necessary to

enable men to live in a social state or which are imposed

upon the people forming that society by those whopossess the power or authority of prescribing them (US v

Dorr)

Government of the Republic of the Philippines is th

corporate governmental entity through which thefunctions of government are exercised throughout the

Philippines, including the various arms which political

authority is made effective, whether pertaining to theautonomous regions, the provincial, city or barangay

subdivisions or other forms of local government (sec.

2(1); EO 292)

Classification:1. a de jure government has rightful title but nopower or control, either because this has been withdraw

from it or because it has not yet actually entered into th

exercise thereof

2. a de facto government is a government of factthat is, it actually exercises power or control but witho

legal title (Lawyers League for a Better Philippines v

Aquino)

The three kinds ofde facto government are as follow

1. de facto proper- that government that getspossession and control of, or usurps, by force or by the

voice of the majority, the rightful legal government an

maintains itself against the will of the latter

2. independent government- that established by inhabitants of a country who rise in insurrection agains

the parent state

3. government of paramount force- that which iestablished and maintained by military forces who inv

and occupy a territory of the enemy in the course of w

and which is denominated as a government of paramou

force

Functions:

1. constituent functions constitute the very bonds

society

2. ministrant functions are those undertaken to

advance the general interests of society; these functionare merely optional

Underthe Doctrine ofParens Patria, one of theimportant tasks of the government is to act as guardian

the rights of the people (Government of PhilippineIslands vEl Monte de Piedad)

Fundamental powers of the State

Inherent Powers of the State:1. police power

2. eminent domain

3. taxation power

Police Power: refers to the power of promoting public

welfare by restraining and regulating the use of liberty


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and property

Basis: public necessity and right of State and regulating

the use of liberty and property to self-protection and self-

preservation

Who may exercise? Generally, the Legislature; but it

can also be exercised by the President, administrativebodies and law-making bodies of local government units.

Requisites (limitations):1.Lawful Subject- means that the subject of the measure

is within the scope of the police power, that is, that the

activity or property sought to be regulated affects the

public welfare2.Lawful Means- means that the lawful objective must

be pursued through a lawful method, that is, both the end

and the means must be legitimate

When exercised by a delegate:

1. when expressly grant by law2. within territorial limits (for local government

units except when exercised to protect water supply)

3. must not be contrary to law

Power of Eminent Domain is the power of the State to

forcibly take private property for public use upon

payment of just compensation

Basis: necessity of the property for public use

Who may exercise? generally, the Legislature but it canalso be exercised by the President, law-making bodies of

the local government units, public corporations andquasi-public corporations

Two Stages:

1. determination of the authority of the plaintiff toexercise the power and the propriety of its exercise, and

2. determination of just compensation

Requisites:

1. Necessity (which is a political question whenexercised by Congress and justiciable question whenexercised by a delegate)

2. Private Property- all private property capable of

ownership may be appropriated, except money and

choses in action; may include services (Republic vPLDT)

3.Taking

When there is taking:

1. the owner is actually deprived or dispossessed of

his property

2. there is practical destruction or a material

impairment of value of property3. the owner is deprived of ordinary use of his

property

4. the owner is deprived of jurisdiction, supervisioand control of his property

Requisites:1. the expropriator must enter a private property

2. the entry must be for more than a momentaryperiod3. the entry must be under warrant or color of leg

authority

4. the property must be devoted to public use or

otherwise informally appropriated or injuriously affect5. the utilization of the property for public use mu

be in such a way as to oust the owner and deprive him

beneficial enjoyment of the property (Republic vCastelvi)

4. Public Use- which has been broadened to coveuses which, while not directly available to the public,

redound to their indirect advantage or benefit; that onl

few would actually benefit from the expropriation of th

property does not necessarily diminish the essence andcharacter of public use (Manasca v Court of Appeals)

Once expropriated change of public use is of no mome

it is well within the rights of the condemnor as owner talter and decide its use so long as it is still for public u

(Republic v Court of Appeals)

5.Just Compensation- compensation is qualified by th

word just to convey that equivalent must be real,substantial, full and fair; the value of the property mus

be determined either as of the date of the taking of theproperty or the filing of the complaint, whichever cam

first (Eslaban v Vda. De Onorio)

Formula: fair market value of the property, to whichmust be added the consequential damages, minus the

consequential benefits, but in no case will the

consequential benefits exceed the consequential damag

Fair Market Value is the price that may be agreed upby parties who are willing but are not compelled to entinto a contract of sale

Consequential Damages consist of injuries directly

caused on the residue of the private property taken byreason of expropriation

6.Due Process of Law- that the defendant must be givan opportunity to be heard

Point of Reference for Valuating a piece of property


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Generally, the value must be that as of the time of the

filing of the complaint for expropriation

Exception: when the filing of the case comes later than

the time of taking and meanwhile the value of the

property has increased because of the use to which theexpropriation has put it, the value is that of the time of

the earlier taking;

but if the value increased independently of what theexpropriator did, then the value is that of the latter filing

of the case.

When municipal property is taken by the State,

compensation is required if the property is a patrimonial

property, that is, property acquired by the municipality

with its private funds in its corporate or private capacity.However, if it is any other property such as a public

building orlegua comunalheld by the municipality for

the state in trust for the inhabitants, the state is free todispose of it at will.

Power of Taxation is the power by which State raisesrevenue to defray necessary expenses of the government

Scope: it covers persons, property, or occupation to be

taxed within taxing jurisdiction

Basis: power emanating from necessity (lifeblood

theory)

Who may exercise? generally, the Legislature; but it can

be exercised by the law-making bodies of the local

government units (sec. 5, art. x) and the President (undersec. 28(2), art. vi or as incident of emergency powers that

Congress may grant to him under sec. 23(2), art vi)

Limitations of the Power of Taxation:

- inherent limitations

1. non-delegability of power2. territorial or situs of taxation

3. exemption of government from taxation

4. international comity

- constitutional limitations1. due process of law2. equal protection of law

3. uniformity, equitability and progressivity of

taxation

4. non-impairment of contracts5. non-impairment for non-payment of poll tax

6. origin of appropriation, revenue and tariff bills

7. non-infringement of religious freedom8. delegation of legislative authority to the President

to fix tariff rates, import and export quotas, tonnage and

wharfage dues

9. tax exemption of properties actually, directly a

exclusively used for religious, charitable and educationpurposes

10. majority vote of all members of Congress

required in case legislative grant of tax exemptions11. non-impairment of the Supreme Courts

jurisdiction in tax cases

12. tax exemption of revenues and assets of,including grants, endowments, donations, or

contributions to, educational institutions

Rules of Interpretation:

o Any question regarding the constitutionality of

tax measure must be resolved in favor of its validit

o Any doubt regarding the taxability of any perso

under a valid law must be resolved in favor of that

person and against the taxing power

o Any doubt as to the applicability of a tax

exemption granted to a person must be resolved

against the exemption

Double Taxation happens additional taxes are laid:1. on the same subject

2. by the same taxing jurisdiction

3. during the same taxing period, and4. for the same purpose

Despite lack of specific constitutional prohibition, dou

taxation will not be allowed if the same will result in aviolation of the equal protection clause

police power eminent domain taxation

regulates bothliberty andproperty

affects onlyproperty rights

affects onlyproperty rights

exercised only bythe government

may be exercisedby private entities

exercised only bthe government

public necessityand the right of

the state and of

the public to self-

preservation andself-protection

necessity of thepublic for the use

of private

property

public necessity

property intendedfor a noxious

purpose is taken

and destroyed

property iswholesome and is

devoted to public

use or purpose

property iswholesome and

devoted to publ

use or purpose

compensation is

the intangible,altruistic feeling

that the individual

has contributed to

the public good

compensation is

full and fairequivalent of the

property taken

compensation i

the protection apublic

improvements

instituted by the

government forthe taxes paid


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contracts may be

impaired

contracts may be

impaired

contracts may not

be impaired

police power eminent domain

1. lawful subject 1. necessity

2. lawful means 2. private property

when exercised by a delegate: 3. taking

3. express grant by law 4. public use

4. within the territorial limits 5. just compensation

5. must not be contrary to law 6. due process of law

tax license fee

asto

basis

power of taxation- to

raise revenue

police power- to

regulate

limitation

rate or amount to be

collected unlimited

provided notconfiscatory

Amount limited to

cost of (a) issuing the

license and (b)necessary inspection

or police surveillanceobject

imposed on persons

or property

paid for privilege of

doing something but

privilege is revocable

effectof

non-

payment

business or activitydoes not become

illegal

business becomesillegal

National Territory

Territory of the Philippines:1. Philippine archipelago, with all the islands and

waters embraced therein

Archipelagic Doctrine: integration of a group of islandsto the sea and their oneness so that together they can

constitute one unit, one country, and one state. An

imaginary single baseline is drawn around the islands byjoining appropriate points of the outermost islands of the

archipelago with straight lines and all islands and waters

enclosed within the baseline form part of the territory.

The main purpose is to protect the territorial interests of

an archipelago.

Two elements of archipelagic principle:

1. the definition of internal waters

2. the straight baseline method of delineating theterritorial sea- consisting of drawing straight lines

connecting appropriate points on the coast without

departing to any appropriate extent from the generaldirection of the coast

2. all other territories over which the Philippines has

sovereignty or jurisdiction, consisting of its terrestrial,

fluvial and aerial domainIt includes any territory that presently belongs or migh

in the future belong to the Philippines through any of t

internationally accepted modes of acquiring territory.3. including its sea bed, subsoil, insular shelves an

other marine areas

4. waters around, between and connecting theislands of the archipelago regardless of breadth and

dimensions form of the internal waters of the Philippin

Territorial Sea: the belt of the sea located between th

coast and internal waters of the coastal state on the one

hand, and the high seas on the other, extending up to 1

nautical miles from the low water mark.

Contiguous Zone: extends up to 12 nautical miles fro

the territorial sea. Although not part of the territory, thcoastal state may exercise jurisdiction to prevent

infringement of customs, fiscal, immigration or sanitar

laws.

Two-Hundred Mile Exclusive Economic Zone: it is

a part of the national territory but exclusive economic

benefit is reserved for the country.Thus, the coastal state has in the exclusive economic

zone:

1. sovereign rights for the purpose of exploring anexploiting, conserving and managing the natural

resources, whether living or non-living if the waters

superadjacent to the seabed and subsoil, and with rega

to other activities for the economic exploitation andexploration of the zone, such as the production of ener

from the waters, currents and winds2. jurisdiction with regard to-

- the establishment and use of artificial islands,

installations and structures

- marine scientific research- the protection and preservation of marine

environment

3. other rights and duties provided for in theConvention (art. 56, UN Convention on the Law of the

Sea)

Territorial Jurisdiction is the power of the State over

persons and things within its territory

Entities exempt from this control are:

1. foreign states, head of states, diplomaticrepresentatives and to certain degree, consuls

2. foreign state property, including their embassie

consulates and public vessels engaged in non-commercial activities

3. acts of States

4. foreign merchant vessels exercising their rights


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innocent passage or involuntary entry, such as arrival

under distress5. foreign armies passing through or stationed in its

territory with its permission, and

6. such other persons and property , over which thestate may, by agreement, waive jurisdiction

Principles and State Policies

Purpose of Separation of Powers: to prevent

concentration of authority in one person or group ofpersons that might lead to irreparable error or abuse inexercise to the detriment of republican institutions

(Pangasinan Transportation Co v Public Service

Commission)

Principle of Blending of Powers: instance when powers

are not confined exclusively within one department but

are assigned to or shared by several departments

Principle of Check & Balances: allows one department

to resist encroachments upon its prerogatives or to rectifymistakes or excess committed by the other departments

The Principle of Non-Delegation of Powers means that

a delegated power constitutes not only a right but a dutyto be performed by the delegate through the

instrumentality of his own judgment and not through the

intervening mind of another. Its basis is the principle ofpotestas delegate non potest delegare.

Exceptions (permissible delegation):

1. tariff powers of the President (sec. 28(2), art. vi)2. emergency powers of President (sec. 23(2), art.

vi)3. delegation to the people (sec. 32, art. vi; sec. 10,

art. x; sec. 2, art. xvii; RA 6753)

4. delegation to local government units (art.x;

RA7160),5. delegation to administrative bodies (power of

subordinate legislation)

Test for Valid Delegation:

1. completeness test: which provides that the lawmust be complete in all its terms and conditions when itleaves the legislature so that when it reaches the delegate,

it will have nothing to do but to enforce it

2. sufficient standard test: which provides that the

law must offer a sufficient standard to specify the limitsof the delegates authority, announce the legislative

policy and specify the conditions under which it is to be

implemented

State Principles regarding Foreign Policy:

1. renounces war as an instrument of national policy

2. incorporation clause- adopts the generally

accepted principles of international law as part of the lof the land, and

3. adheres to the policy of peace, equality, justice

freedom, cooperation and amity with all nations (sec. 2art. ii)

Amity with all nations, does not mean automaticdiplomatic recognition of all nations. Diplomatic

recognition remains a matter of executive discretion

Underthe Doctrine of Incorporation, where the

generally accepted principles of international law are

made part of the law of the land either by express

provision of the constitution or by means of judicialdeclaration or fiat.

The Doctrine of Auto-Limitations is a doctrine wherthe Philippines adheres to principles of international la

as a limitation to the exercise of its sovereignty.

Supremacy of Civilian Authority (sec. 3, art. ii):

ensured by-

1. the installation of the President, the highest

civilian authority as the commander-in-chief of themilitary (sec. 18, art. vii)

2. the requirement that the members of the armed

forces swear to uphold and defend the Constitutionwhich is the fundamental law of the civil government

3. the professionalism of the service and the

strengthening of the patriotism and nationalism and

respect for human rights of the military4. insulation of the armed forces from partisan

politics5. prohibition against appointment to a civil posit

6. compulsory retirement of officers, so as to avo

propagation of power

7. a three-year limitation on the tour of duty of thChief of Staff, which although extendible in case of

emergency by the President, depends on congressional

declaration of emergency8. requirement of professional recruitment so as t

avoid any regional clique from forming within the armforces (sec. 5, art. xvi)9. the establishment of a police force that is not o

civilian in character but also under the local executive

(sec. 6, art. xvi)

Posse Commitatusis the power of the state to require

able-bodied citizens to perform civi duty to maintain

peace and order.

Separation of Church & State (sec. 6, art. ii)-

reinforced by-


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1. freedom of religion clause

2. non-establishment of religion clause3. no religious test clause (sec. 5, art. iii)

4. no sectoral representative from religious sector

(sec. 5(2), art. vi)5. prohibition against appropriation for sectarian

benefits (sec. 29(2), art. vi), and

6. religious denominations and sects cannot beregistered as political parties (sec. 2(5), art. ix-c)

Exceptions:1. churches, personages, etc., actually, directly andexclusively used for religious, charitable and educational

purposes shall be exempt from taxation (sec. 28(3), art.

vi)

2. prohibition against appropriation for sectarianpurposes, except when priest etc., is assigned to the

armed forces, or to any penal institution or government

orphanage or leprosarium (sec. 29(2), art. vi)3. optional religious instruction for public

elementary and high school students (sec. 3(3), art. xiv),

and4. Filipino ownership requirement for educational

institutions, except those established by religious groups

and mission boards (sec. 4(2), art. xiv)

Decentralization of local governments (sec. 25, art. ii;art. x):

- decentralization of administration- delegation of

administrative powers to local government unit in orderto broaden the base of governmental powers

- decentralization of powers- abdication of political

power in favor of local government units declared to be

autonomous (Limbonas v Mangelin)

Bill of Rights

Bill of Rights is a set of prescriptions setting forth the

fundamental civil and political rights of individual, and

imposing limitations on the powers of government as a

means of securing the enjoyment of those rights.

Classification of Rights:

1. political rights- granted by law to members ofcommunity in relation to their direct or indirect

participation in the establishment or administration of thegovernment2. civil rights- rights which municipal law will

enforce at the instance of private individuals, for the

purpose of securing them the enjoyment of their means

of happiness3. social and economic rights4. human rights

Due Process of Law

Due process of law is that which hears before it

condemns, and renders judgment only after trial

(Darmouth College v Woodward)

Aspects of Due Process:

1. substantive due process

2. procedural due process

Substantive Due Process requires the intrinsic validit

of the law in interfering with the rights of the person tohis life, liberty or property

Requisites:1. the interest of the public in general, as

distinguished from that of a particular class require the

intervention of the state

2. the means employed are reasonable necessary accomplishment of purpose and not unduly oppressive

Publication of laws is part of substantive due process(Tanada v Tuvera)

The justice that procedural due process guarantees is thone which hears before it condemns, which proceeds

upon inquiry and renders judgment only after trial.

Requisites of Civil Procedural Due Process:

1. an impartial court or tribunal clothed with judic

power to hear and determine matters before it

2. jurisdiction properly acquired over person ofdefending and over property which subject matter of

proceeding

3. opportunity to be heard

4. judgment rendered upon lawful hearing and baon evidence adduced (Banco Espanol Filipino v Palan

Requisites of Criminal Due Process (sec. 14(1), art. i

1. accused has been heard in a court of competent

jurisdiction

2. accused is proceeded against under the orderlyprocesses of law

3. accused is given notice and opportunity to be

heard, and4. judgment rendered within authority of

constitutional law (Meija v Pamaran)

Requisites of Administrative Due Process:

1. the right to a hearing which includes the right o

the party interested or affected to present his own case

and submit evidence in support thereof2. the tribunal must consider the evidence present

3. the decision must have something to support it

4. the evidence must be substantial5. the decision must be based on evidence present

or at least contained in the record and disclosed to the

parties


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6. the court must act on its or his own independent

consideration of the law and facts of the controversy, andnot simply accept the views of a subordinate

7. the court should render its decision in such a

manner that the parties to the proceeding can know thevarious issues involved, and the reasons for the decisions

rendered (Ang Tibay v CIR)

Requisites of due process for students before

imposition of disciplinary sanctions:1. must be informed in writing of the nature andcause of the accusation against him

2. right to answer charges of the accusation to

answer charges against him, with the assistance of

counsel, if desired3. informed of the evidence against him

4. right to adduce evidence in his behalf

5. evidence must be duly considered by theinvestigating committee or official designated by the

school to hear and decide the case (Ateneo de Manila

University v Capulong)

Instances when hearings are not necessary:

1. when the administrative agencies are exercising

their quasi-legislative functions2. abatement of a nuisance per se

3. granting by courts of provisional remedies

4. cases of preventive suspension5. removal of temporary employees in the

government service

6. issuance of warrants of distraint and/ or levy by

the Commissioner of Internal Revenue7. canceling of the passport of a person charged with

a crime8. issuance of sequestration orders

9. judicial order which prevents an accused from

traveling abroad in order to maintain the effectivity of the

Courts jurisdiction10. suspension of a bank/s operations by the

Monetary Board upon aprima facie finding of liquidity

problems in such bank

The notice and hearing are required in judicial and quasi-judicial proceedings, but not in the promulgation ofgeneral rule.

The right to appeal is neither a natural right nor part of

due process. Instead, it is a mere statutory right, but oncegiven, denial of which constitutes a violation of due

process.

Equal Protection of Law (sec. 1, art. iii)

All persons or things similarly situated must be similarly

treated both as to rights conferred and responsibilities

imposed

Requisites of Valid Classification:

1. such classification rests upon substantial

distinctions2. it is germane to purpose of the law

3. it is not confined to existing conditions

4. it applies equally to all members of the same cl(People v Vera)

Searches and Seizures (sec. 2, art. iii)

Scope: a popular right and hence, protects all persons,

including aliens (Qua Chee Gan v Deportation Board)

and to a limited extent, artificial persons (Bache & Co

Inc. v Ruiz)

General Rule: search and seizures are unreasonable

Exception: unless authorized by a validly issued searc

warrant or warrant of arrest

Requisites for Valid Warrant:

1.Probable Cause- refers to such facts andcircumstances antecedent to the issuance of a warrant

that in themselves are sufficient to induce a cautious m

to rely on them and act in pursuance thereof (People v

Syjuco); it must refer to one specific offense (AsianSurety v Herrera)

For a search warrant, probable case means such facts acircumstances which would lead a reasonably discreet

and prudent man to believe that an offense has been

committed and that the objects sought in connection w

the offense are in the place sought to be searched(Burgos v Chief of Staff)

The probable cause for the issuance of a search warran

does not require that the probable guilt of a specific

offender be established, unlike in the case of a warrant

arrest.

The judge is not required to personally examine the

complainant and his witnesses. What the Constitutionunderscores is the exclusive and personal responsibilit

of the issuing judge to satisfy himself of the existence probable cause (Soliven v Makasiar); to be sure, thejudge must go beyond the prosecutors certification an

investigation report whenever necessary (Lim v Felix)

2. determination of probable cause personally by judge

search warrant warrant of arrest

the judge must personally

examine in the form ofsearching questions and

answers, in writing and

it is not necessary that th

judge should personallyexamine the complainant

and his witnesses (Solive


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under oath, the complaints

and any witnesses he may

produce on facts personally

known to them (sec. 4, rule126); the determination of

probable cause depends to a

large extent upon thefinding or opinion of the

judge who conducted the

required examination of theapplicant and the witnesses

(Kho v Judge Makalintal)

Makasiar); the judge would

simply personally review

the initial determination of

the prosecutor to see if it issupported by substantial

evidence; he merely

determines the probability,not the certainty of the

accused and, in so doing, he

need not conduct a de novohearing (Webb v De Leon)

3. after personally examining under oath or

affirmation of the complainant and the witness he may

produce4. on the basis of their personal knowledge of the

facts they are testifying to

5. the warrant must described particularly the placeto be searched and the things or person to be seized.

search warrant warrant of arrest

The description of property

to be seized need not betechnically accurate nor

necessarily precise, and its

nature will necessarily varyaccording to whether the

identity of the property or

its character is a matter ofconcern; the description is

required to be specific onlyin so far as the

circumstances will allow(Kho v Judge Makalintal)

general warrants are

proscribed andunconstitutional (Nolasco v

Puno); however, a john doe

warrant (a warrant for theapprehension of a person

whose true name is

unknown) satisfies theconstitutional requirement

of particularity if there issome description personae

which will enable theofficer to identify the

accused

The Commission of Immigration and Deportation may

issue warrant only for purpose of carrying out a finaldecision of deportation (CID v Judge dela Rosa) or there

is sufficient proof of guilt of an alien (Harvey v

Defensor-Santiago)

A General Warrant is one that does not allege any

specific acts or omissions constituting the offense

charged in the application for the issuance of the warrant.It contravenes the explicit demand of the bill of rights

that the things to be seized be particularly described.

The exclusionary rule provides that evidence obtained in

violation of sec. 2, art. iii shall be inadmissible for any

purpose in any proceedings (fruit of a poisonous treedoctrine) (Stonehill v Diokno)

Warrantless arrest, when valid:

1. when person to be arrested has committed, isactually committing, or is attempting to commit an

offense

2. when an offense has just been committed and hhas probable cause to believe based on personal

knowledge of facts that the person to be arrested has

committed it3. when the person to be arrested is a prisoner wh

has escaped from a penal establishment or place wherehe is serving final judgment or temporarily confinedwhile his case is pending, or has escaped while being

transferred from confinement to another

4. waiver of an invalid arrest- when a person who

detained applies for bail, he is deemed to have waivedany irregularity which may have occurred in relation to

his arrest

5. hot pursuit-- the pursuit of the offender by the arresting offi

must be continuous from the time of the commission o

the offense to the time of the arrest- there must be no supervening event which brea

the continuity of the chase

6. stop and frisk- when a policeman observes

suspicious activity which leads him to believe that acrime is about to be committed, he can investigate the

suspicious looking person and may frisk him for

weapons as a measure of self protection; should he finhowever, a weapon on the suspect which is unlicensed

he can arrest such person then and there for having

committed an offense in the officers presence

An application for or admission to bail shall not bar thaccused from challenging the validity of his arrest,

provided that he raises them before entering his plea (s26, rule 114, Rules of Court)

Warrantless Searches, when valid:

1. when right has been voluntarily waived (PeoplMalasugui)

2. as an incident to a lawful arrest, provided the

search is contemporaneous to arrest and withinpermissible area of search

A valid arrest must precede the search; the processcannot be reversed (People v Chua Ho San)3. searches of vessel and aircraft for violation of

fishery, immigration and customs law (Roldan v Arca)

4. searches of vessel and aircraft for violation of

fishery, immigration and customs laws (Roldan v Arca5. inspection of building and other premises for th

enforcement of fire, sanitary and building regulations

6. visual search at checkpoints (Valmonte v DeVilla)

7. conduct of aerial target zoning and saturation

drive in the exercise of military powers of the Presiden


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(Guazon v De Villa)

8. when there is a genuine reason to stop-and frisk inthe light of the police officers experience and

surrounding conditions to warrant a belief that the person

detained has weapons concealed (Malacot v Court ofAppeals)

9. where prohibited articles are in plain view (Chia v

Acting Collector of Customs)

Plain View Doctrine: provides that objects within thesight of an officer who has the right to be in a position tohave that view are subject to seizure and may be

presented as evidence (open to the eye and hand)

Elements:

1. a prior valid intrusion based on the valid

warrantless arrest in which the police are legally present

in the pursuit of their official duties2. the evidence was inadvertently discovered by the

police who have the right to be where they are

3. the evidence must be immediately apparent4. plain view justified mere seizure of evidence

without further search (People v Bolasa)

Privacy of Communication and Correspondence

Limitations:

1. by lawful order of the court

2. public safety or public order requires otherwise,

as may be provided by law (sec. 3, art. iii)

Under the exclusionary rule, any evidence obtained shall

be inadmissible for any purpose in any proceeding;

however, in the absence of governmental interference,the protection against unreasonable search and seizure

cannot be extended to acts committed by privateindividuals (People v Martin)

Freedom of Expression

Aspects:1. freedom from censorship or prior restraint

2. freedom from subsequent punishment

Protected Speech includes every form of expression,

whether oral, written, tape or disc recorded. It includesmotion pictures as well as what is known as symbolicspeech such as the wearing of an armband as a symbol of

protest. Peaceful picketing has also been included with

the meaning of speech.

Prohibition does not apply when:

1. during a war (Near v Minnesota)

2. obscene publicationsStandard for allowable subsequent punishment:

1. clear and present danger rule: the question in

every case is whether the words used are used in such

circumstances and are of such a nature as to create a cl

and present danger that they will bring about thesubstantive evils that Congress has a right to prevent. I

a question of proximity and degree (Schenck v US)

- clear- means causal connection with the dangerthe substantive evil arising from the utterance question

- present- pertains to time element, identified wi

imminent and immediate danger; the danger must notonly be probable, but very likely inevitable

2. dangerous tendency rule: words uttered create dangerous tendency of an evil which the State has a rigto prevent (Cabansag v Fernandez)

3. balancing of interest rule: the court must

undertake the delicate and difficult task of weighing th

circumstances and appraising the substantiality of thereasons advanced in support of the regulation of the fr

enjoyment of rights (American Communications

Association v Douds)Under O Brien test, even if a law furthers an importan

or substantial governmental interest, it should be

invalidated if such governmental interest is not unrelatto the suppression of free expression. Moreover, even

the purpose is unrelated to the suppression of free

speech, the law should nevertheless be invalidated if th

restriction on freedom of expression is greater than isnecessary to achieve the governmental purpose in

question.

Under the test, a government regulation is sufficientlyjustified-

1. if it is within the constitutional power of the

government

2. if it furthers an important or substantialgovernment interest

3. if the governmental interest is unrelated to thesuppression of free expression, and

4. if the incidental restriction on alleged First

Amendment freedoms (of speech , expression and pres

is no greater than is essential to the furtherance of thatinterest (United States v O Brien)

The doctrine of fair comment means that while in gene

every discreditable imputation publicly made is deemefalse, because every man is presumed innocent until hi

guilt is judicially proved, and every false imputation isdeemed malicious, nevertheless, when the discreditablimputation is directed against a public person in his

public capacity, it is not necessarily actionable. In orde

that such discreditable imputation to a public official

may be actionable, it must either be a false allegation ofact or a comment based on a false supposition. If the

comment is an expression of opinion, based on

established facts, then it is immaterial that the opinionhappens to be mistaken, as long as it might reasonably

inferred from the facts (Borjal v CA)

Assembly and petition


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The standard for allowable impairment of speech and

press also apply to the right of assembly and petition.The right to assembly is not subject to prior restraint and

may not be conditioned upon the prior issuance of a

permit or authorization from the government authorities.However, the right must be exercised in such a way as

will not prejudice the public welfare (De la Cruz v Court

of Appeals)If assembly is to be held at a public place, permit for the

use of such place, and not for the assembly itself may bevalidly required. Power of local officials is merely forregulation and not for prohibition (Primicias v Fugoso)

Permit for public assembly is not necessary if meeting is

to be held in:

1. a private place2. the campus of a government-owned or operated

educational institutions, or

3. a freedom park (BP 880)

Freedom of religion (sec. 5, art. iii)

The non-establishment clause does not depend upon any

showing of direct governmental compulsion. It isviolated by the enactment of laws which establish an

official religion whether those laws operate directly to

coerce non-observing individuals or not.

The free exercise of religion clause withdraws fromlegislative power the exertion of any restraint on the free

exercise of religion. In order to show a violation of this

clause, the person affected must show the coercive effectof the legislation as it operates against him in the practice

of religion

Two requisites in order for a law to comply with the non-

establishment clause:1. it has a secular legislative purpose

2. its primary effect neither advances nor inhibitsreligion

Requisites for the government aid to be allowable:

1. it must have a primary effect that neither

advances nor inhibits religion2. it must not require exercise entanglement with

recipient institutions

3. it must not require excessive entanglement withrecipient institutions

Dual aspect of freedom of religious belief and worship:1. freedom to believe (which is absolute)2. freedom to act on ones belief (which is subject to

regulation)

Liberty of abode (sec. 6, art. iii)

Limitation to liberty of abode: lawful order of the courtLimitation to right to travel:

1. in the interest of national security, public safety,

public health, as may be provided by law2. any person on bail (Silverio v CA)

The right to travel and the liberty of abode are distinct

from the right to return to ones country, as shown by the

fact that the Declaration of Human Rights and the

Covenant on Human Rights have separate guarantees fthese. Hence, the right to return to ones country is not

covered by the specific right to travel and liberty of

abode (Marcos v Manglapus)

Right to information (sec. 7, art. iii)

Rights guaranteed:

1. right to information to matters of public concer2. corollary right of access to official records and

documentsThese are political rights that are available to citizensonly.

The government has discretion with respect to the

authority to determine what matters are of public conc

and the authority to determine the manner of access tothem.

Recognized restrictions on the right of the people to

information:1. national security matters

2. intelligence information

3. trade secrets4. banking transactions

5. diplomatic correspondence

6. executive sessions

7. closed door cabinet meetings8. Supreme Court deliberations

Right to form associations (sec. 8, art. iii)

The right to form association shall not be impairedwithout due process of law and is thus an aspect of the

right of liberty. It is also an aspect of the freedom of

contract, in addition, insofar as the association may ha

for their object the advancement of beliefs and ideas, tfreedom of association is an aspect of the freedom of

speech and expression, subject to the same limitations.The right also covers the right not to join an associatio

Non-impairment of contracts (sec. 10, art. iii)

When does a law impair the obligation of contracts:

1. if it changes the terms and conditions of legalcontract either as to the time or mode of performance

2. if it imposes a new conditions or dispenses with

those expressed3. if it authorizes for its satisfaction something

different from that provided in its termsA mere change in procedural remedies which does notchange the substance of the contract, and which still

leaves an efficacious remedy for enforcement does not

impair the obligation of contracts

Limitations:1. police power, which prevails over contracts

2. eminent domain, which may impair obligations

contracts3. taxation, which cannot impair obligation of

contracts

Right of an accused under custodial investigation (s


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12, art. iii)

1. right to be informed of his right to remain silentand to counsel

Rationale:

- to make him aware of it- to overcome the inherent pressure of the

interrogating atmosphere

- to show the individual that his interrogators areprepared to recognize his privilege should he choose to

invoke itIt carries the correlative obligation on the part of theinvestigator to explain, and contemplates effective

communication which results in the subject

understanding what is conveyed (People v Agustin)

2. right to be reminded that if he waives his right toremain silent, anything he says can and will be used

against him

Rationale:- to warn him of the consequences of waiving his

right to remain silent, and

- to make him aware that this is an adversarysystem and the police are not acting in his interest

3. right to remain silent

4. right to have competent and independent counsel

preferably of his own choiceRationale:

- to mitigate the dangers of untrustworthiness in his

testimony, since the inherent pressure initially overcomeby the right to remain silent may again run unless

coupled with the right to counsel

- to lessen the possibility of coercion by the police

Preferably of his own choice does not mean that thechoice of a lawyer is exclusive as to preclude other

equally competent and independent attorneys fromhandling the defense (People v Barasina)

5. right to be provided with counsel, if the person

cannot afford the services of former

Rationale:- to inform him that if he does not have counsel or

cannot afford one, he does not have to defend himself

alone- to inform him that his poverty is no reason why

he should lose his right to counselWhile the choice of the lawyer is naturally lodged in thepolice investigators, the suspect has the final choice as he

may reject the counsel chosen for him and ask for

another one (People v Jerez)

6. no force, etc., which vitiates free will shall beused

7. secret detention place, etc., are prohibited

8. confessions/ admissions obtained in violation ofthese rights are inadmissible as evidence

What is sought to be avoided by the rule is the evil of

extorting from the very mouth of the person undergoing

interrogation for commission of an offense the very

evidence with which to prosecute and thereafter toconvict him (People v Bonola)

When available: the rights under sec. 12, art. iii, are

available when the investigation is no longer a generalinquiry unto an unsolved crime but has begun to focus

a particular suspect, the suspect has been taken into

police custody, the police carry out a process ofinterrogation that lends itself to eliciting incriminating

statements (People v Mara)Sec. 12 of RA 7438 provides that custodial investigatioshall include the practice of issuing an invitation to a

person who is under investigation in connection with a

offense he is suspected to have committed.

What rights may be waived:1. the right to remain silent

2. the right to counsel

The waiver must be in writing and in the presence ofcounsel.

What rights cannot be waived:

1. the right to be informed of his right to remainsilent and to counsel

2. the right to counsel when making the waiver of

the right to remain silent or to counsel

Rights of person suspected and subsequently charged:- before the case is filed in court/ prosecutor for

preliminary investigation but after being put into custo

to or otherwise deprived of liberty, and on beinginterrogated by police-

1. to remain silent

2. to be informed thereof

3. not to be subjected to force, violence, threat orintimidation which vitiates free will

4. to have evidence obtained in violation of theserights inadmissible as evidence

- after the case is filed in court-

1. to refuse to be a witness against himself

2. not to have prejudice imputed on him as a resuof such refusal

3. to testify on his behalf

4. to cross-examine5. while testifying, to refuse questions which tend

incriminate him for some crime other than present chaRight to bail (sec. 13, art. iii)Bail is a security given for the release of a person in

custody of law, furnished by him or a bondsman, to

guarantee his appearance before any court as required

under conditions specified under the rules of courtThe right to bail may be invoked once detention

commences even if no formal charges have yet to be

filed (Teehankee v Rovira)Suspension of the writ ofhabeas corpus does not

suspend the right to bail (sec. 13, art. iii)

Even when the accused has previously jumped bail, sti


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he cannot be denied bail before conviction if it is a matter

of right. The remedy is to increase the amount of bail (SyGuan v Amparo)

All persons in custody shall be admitted to bail as a

matter of right, with sufficient sureties, or be released onrecognizance as prescribed by law or rule:

1. before or after conviction by the municipal trial

courts, and2. before conviction of the regional trial court of an

offense not punishable by death, reclusion perpetua orlife imprisonment (sec.4, rule 114, Rules of Court)Upon conviction by the regional trial court of an offense

not punishable by death, reclusion perpetua or life

imprisonment, the court, on application may admit the

accused to bail.The court, in its discretion, may allow the accused to

continue on provisional liberty after the same bail bond

during the period to appeal subject to the consent of thebondsman.

If the Court imposed a penalty of imprisonment

exceeding 6 years but not more than 20 years, theaccused shall be denied bail, or his bail previously

granted shall be cancelled, upon showing by the

prosecution, with notice to the accused, of the following

or other similar circumstances:1. that the accused is a recidivist, quasi-recidivist, or

habitual delinquent, or has committed the crime

aggravated by the circumstance ofreiteracion

2. that the accused is found to have previously

escaped from legal confinement, evaded sentence, or has

violated the conditions of his bail without valid

justification3. that the accused committed the offense while on

probation, parole or under conditional pardon4. that the circumstances of the accused or his case

indicate the probability of flight if released on bail

5. that there is undue risk that during the pendency

of the appeal, the accused may commit another crime(sec. 5, rule 114, Rules of Court)

Whether bail is a matter of right or of discretion,

reasonable notice of hearing is required to be given theprosecution, or at least he must be asked for its

recommendation, because in fixing the amount of bail,the judge is required to take into account a number offactors (Cortes v Judge Catral)

Factors considered in settling the amount of bail:

1. financial ability of accused

2. nature and circumstances of offense3. penalty of offense

4. character and reputation of accused

5. age and health of accused6. weight of evidence against him

7. probability of his appearance at trial

8. forfeiture of other bail

9. whether he was a fugitive from justice when

arrested10. pendency of other cases where he is on bail

Excessive bail shall not be required (sec. 9, rule 114,

Rules of Court)No person, regardless of the stage of criminal

prosecution, shall be admitted to bail if:

1. charged with a capital offense, or an offensepunishable by reclusion perpetua or life imprisonment

and2. evidence of guilt is strong (sec. 7, rule 114, Ruof Court)

When the accused is charged with an offense punishab

by reclusion perpetua or higher, a hearing on the moti

for bail must be conducted by the judge to determinewhether or not the evidence of guilt is strong (Baylon v

Judge Sison)

Without hearing, the judge could not possibly assess thweight of the evidence against the accused before

granting the latters application for bail (Buzon v Judg

Velasco)Rights of the accused (sec. 14, art. iii)

Criminal due process:

1. accused to be heard in court of competent

jurisdiction2. accused proceeded against under orderly

processes of law

3. accused given notice and opportunity to be hea4. judgment rendered was within the authority of

constitutional law

Presumption of innocence: every circumstance favorin

the innocence of the accused must be taken into accouthe proof against him must survive the test of reason; t

strongest suspicion must not be permitted to swayjudgment (People v Austria)

Equipoise or equiponderance of evidence: evidence of

both sides are equally balanced

Effect in criminal prosecution of equipoise orequiponderance of evidence: acquittal of the accused

because it is insufficient to overcome presumption of

innocenceRight to be heard by himself and counsel: the accused

amply accorded legal assistance extended by a counsewho commits himself to the cause of the defense and aaccordingly; an efficient and truly decisive legal

assistance, and not simply a perfunctory representation

(People v Bernas)

The right to counsel during the trial is not subject towaiver (Flores v Ruiz)

Right to be informed of nature and cause of

accusation against him

The real nature of the crime charged is determined from

the recital of facts in the information. It is not determin

based on the caption or preamble thereof nor from the


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specification of the provision of law allegedly violated.

Under the void-for-vagueness rule, the defendant isdenied the right to be informed of the charge against him,

and to due process as well, where the statute itself is

couched in such indefinite language that it is not possiblefor men of ordinary intelligence to determine therefrom

what acts or omissions are punished and, hence, should

be avoided.If the information fails to allege the material elements of

the offense, the accused cannot be convicted thereof evenif the prosecution is able to present evidence during thetrial with respect to such elements.

Right to speedy, impartial and public trial

Speedy means free from vexatious, capricious and

oppressive delaysFactors used in determining whether the right to a speedy

trial has been violated:

1. time expired from the filing of the information2. length of delay involved

3. reasons for the delay

4. assertion or non-assertion of the right by theaccused

5. prejudiced caused to the defendant

Impartial happens when the accused is entitled to cold

neutrality of an impartial judgePublic, to prevent possible abuses which may be

committed against the accused

Right to meet the witness face to face

If the failure of the accused to cross-examine a witness is

due to his own fault or was not due to the fault of the

prosecution, the testimony of the witness should be

excluded.The right to cross-examine is demandable only during

trials. Thus, it cannot be availed of during preliminaryinvestigations.

The right to cross-examine may be waived.

Exceptions to the right of confrontation:

1. the admissibility of dying declarations2. trial in absentia under sec. 14(2)

3. with respect to child testimony

Right to compulsory process to secure attendance of

witnesses and production of evidence

Trial in absentia: after arraignment, trial may proceednotwithstanding the absence of the accused provided thathe has been duly notified and his failure to appear is

unjustified (Aquino v Military Commission No. 2)

Requisites for trial in absentia:

1. the accused has already been arraigned2. he has been duly notified of the trial

3. his failure to appear is unjustified

The writ ofhabeas corpus is a writ directed to the persondetaining another, commanding him to produce the body

of the prisoner at a designated time and place, with the

day and cause of his caption and detention, to, to submit

to, and receive whatever the Court or judge awarding t

writ shall consider in his behalfHabeas corpus lies only where the restraint of a person

liberty has been judicially adjudged to be illegal or

unlawful (In re: Petition for Habeas Corpus of WilfredSumulong-Torres)

Right to speedy determination of cases (sec. 16, art.

All persons shall have the right to speedy disposition ocases before judicial, quasi-judicial and administrative

bodies.While the right of the accused (sec. 14) only apply to ttrial phase of criminal cases, the right to a speedy

disposition of cases covers all phases of judicial, quasi

judicial or administrative proceedings.

Self-incrimination (sec. 17, art. iii)Availability: not only in criminal proceedings, but also

all other government proceedings, including civil actio

and administrative or legislative investigations; may bclaimed not only by an accused but by a witness to wh

an incriminating question is addressed.

A question tends to incriminate when the answer of thaccused or the witness would establish a fact which

would be a necessary link in a chain of evidence to pro

the commission of a crime by the accused or the witne

Scope: applies only to testimonial compulsion andproduction documents, papers and chattels in court

except when books of account are to be examined in th

exercise of power of taxation and police power.Transactional immunity statute: testimony of any pers

or whose possession of documents or other evidence

necessary or convenient to determine the truth in any

investigation conducted is immune from criminalprosecution for an offense to which such compelled

testimony relates (sec. 18(8), art. xiii)Use and fruit immunity statute: prohibits the use of a

witness compelled testimony and its fruits in any

manner in connection with the criminal prosecution of

the witness (Galman v Pamaran)

Non-detention by reason of political beliefs or

aspiration (sec. 18(1), art. iii)

No person shall be detained by reason of his politicalbeliefs or aspirations

Involuntary servitude (sec. 18(2), art. iii)Condition where one is compelled by force, coercion, imprisonment, and against his will, to labor for anothe

whether he is paid or not.

General rule: no involuntary servitude shall exist.

Except:1. as punishment for a crime whereof one has bee

duly convicted (sec. 18(2), art. iii)

2. service in defense of the state (sec.4, art. ii)3. naval enlistment (Robertson v Baldwin)

4. posse comitatus (US v Pompeya)

5. return to work order in industries affected with


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public interest (Kaisahan ng Manggagawa sa Kahoy v

Gotamco Sawmills)6. patria potestas (par. 2, art. 211, Family Code)

Prohibited punishments (sec. 19, art. iii)

Prohibited punishment: mere severity does not constitutecruel or unusual punishment; to violate constitutional

guarantee, penalty must be flagrant and plainly

oppressive, disproportionate to nature of offense as toshock senses of community

Standards used:1. the punishment must not be so severe as to bedegrading to the dignity of human beings

2. it must not be applied arbitrarily

3. it must not be unacceptable to contemporary

society4. it must not be excessive

Non-imprisonment for debts (sec. 20, art. iii)

No person shall be imprisoned for debt or non-paymentof poll tax.

Coverage:

1. debt- any civil obligation arising from a contract2. poll tax- a specific sum levied upon any person

belonging to a certain class without regard to property or

occupation

A fraudulent debt may result in the imprisonment of thedebtor if:

1. the fraudulent debt constitutes a crime such as

estafa2. the accused has been duly convicted

A tax is not a debt since it is an obligation arising from

law hence its non-payment may be validly punished with

imprisonment.If an accused fails to pay the fine imposed upon him, this

may result in his subsidiary imprisonment because hisliability is ex delicto and not ex contractu

Double jeopardy (sec. 21, art. iii)

To constitute jeopardy there must be

1. a valid complaint or information2. filed before a competent court

3. to which the defendant had pleaded

4. of which he had been previously acquitted orconvicted or which was dismissed or otherwise

terminated without his express consent (People v Ylagan)Two types:1. no person shall be twice put in jeopardy of

punishment for the same offense

2. if an act is punishable by a law and an ordinance,

conviction or acquittal under either shall constitute a barto another prosecution for the same act.

Dismissal of action, when made at instance of the

accused, does not put accused in first jeopardy, except:1. when the ground for dismissal is insufficiency of

evidence, or

2. when the proceedings have been unreasonably

prolonged as to violate the right of the accused to a

speedy trialCrimes covered:

1. same offense; or attempt to commit or frustrati

thereof or for any offense which necessarily includes ois necessarily included in the offense charged in origin

complaint or information and

2. when act is punished by a law and an ordinanceconviction or acquittal under either shall bar another

prosecution for the same actUnder the doctrine of supervening event, the accusedmay be prosecuted for another offense if a subsequent

development changes the character of the first indictm

under which he may have already been charged or

convictedConviction of accused shall not bar another prosecutio

for an offense which necessarily includes the offense

originally charged when:1. graver offense developed due to supervening fa

arising from the same act or omission

2. facts constituting graver offense arose ordiscovered only after filing of former complaint or

information, and

3. plea of guilt to lesser offense was made withou

the consent of the prosecutor or offended party (PeopleJudge Villarama)

Under the case of Kurating Baleleng cases, the new ru

(sec. 8, rule 117) has fixed a time-bar of one-year or twyears for the revival of criminal cases provisionally

dismissed with the expressed consent of the accused an

with a prior notice to the offended party.

The time-bar cannot be applied retroactively in 1999when the cases were dismissed for to so, the state shall

effectively have less than two years to reopen the casebecause the rule on took effect in December 2000. Thi

would prevent absurd results and injustice to the State

(People v Lacson)Ex post facto and bill of attainder (sec. 22, art. iii)An "ex post facto law" is a law that seeks to punish an

which, when committed, was not yet a crime or was no

as heavily punished.Kinds ofex post facto law:

1. law making an act criminal which was before ipassage2. law aggravating a penalty for crime committed

before passage

3. law inflicting a greater or more severe penalty

4. law altering the legal rules of evidence andreceiving less or different testimony than the law

required at the time of the commission of the offense,

order to convict the offender5. law assuming to regulate civil rights and remed

only, in effect imposes a penalty or the deprivation of

right for something which when done was lawful


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6. law depriving accused of some lawful protection

to which they have become entitled, such as theprotection of a former conviction or acquittal, or of a

proclamation of amnesty

Characteristics:1. refer to criminal matters

2. be retroactive in its application

3. to the prejudice of the accusedA bill of attainder is a law which substitutes the

legislative determination of guilt for a judicialdetermination.

Citizenship

Citizenship is membership in a political community

which is personal and more or less permanent in

characterModes of acquiring citizenship:

1. by birth

- jus sanguinis

- jus soli

2. by naturalization

3. by marriageCitizens of the Philippines (sec. 1, art. iv):

1. those who are citizen of the Philippines at the

time of the adoption of the Constitution;

- those who are citizens under the Treaty of Paris- those declared citizens by judicial declaration

applying thejus soli principle, before Tio Tiam v

Republic- those who are naturalized in accordance with law

(Act 2927)

- those who are citizens under the 1935

Constitution- those who are citizens under the 1973

Constitution2. those whose fathers or mothers are citizens of the

Philippines;

3. those born before January 17, 1973, of Filipino

mothers, who elect Philippine citizenship upon reachingthe age of majority;

- time to elect: three years after age of majority

4. those who are naturalized in accordance with law.Caram rule: under the 1935 Constitution, those born in

the Philippines of foreign parents, who before theadoption of the Constitution had been elected to publicoffice in the Philippines, are considered Filipino citizens.

The constitution, in providing that those whose fathers

are citizens of the Philippines, makes no distinction

between legitimate and illegitimate children. Legitimacyor illegitimacy has no relevance to elective public office.

Hence, an illegitimate child of a Filipino father and an

alien mother be considered a natural-born Filipino citizenand thus be qualified to run for President of the

Philippines. (Tecson v COMELEC)

Natural born citizens (sec.2, art. iv) are:

1. those who are citizens of the Philippines from

birth without having to perform any act to acquire orperfect their Philippine citizenship

2. those who elect Philippine citizenship upon

reaching the age of majorityWho must be natural born citizens:

1. President sec. 2, art. vii

2. Vice-President sec. 3, art. vii3. Members of Congress secs. 3 and 6, art.

4. Justices of the Supreme Court sec. 7(1), viiiand lower collegiate courts

5. Ombudsman and his deputies sec. 8, art.

6. Constitutional Commissions sec. 1(1), art. ix-b

sec. 1(1), art. ix-c;sec. 1(1), art. ix-d

7. Members of the sec. 20, art. xii

Central Monetary Authority8. Members of the Commission sec. 17(2), art. xii

on Human Rights

NaturalizationQualifications:

1. he must not be less than 18 years old at the date

of hearing

2. he must have resided in the Philippines for acontinuous period of not less than ten years; and may b

reduced to five years for any of the following

qualifications-- having honorably held office in the Philippines

- having established a new industry or introduce

useful invention in the Philippines

- being married to a Filipino woman- having been engaged as a teacher in the

Philippines in a public or recognized private school noestablished for the exclusive instruction of a particular

nationality or race, in any of the branches of education

industry for a period of not less than two years

- having been born in the Philippines.3. he must be of good moral character and believe

in the principles underlying the Philippine Constitution

and must have conducted himself in an irreproachableconduct during the entire period of his residence in the

Philippines in his relation with the constitutedgovernment as well as with the community in which hliving

4. he must own real estate in the Philippines wort

not less than P5,000 or must have some known lucrativ

trade, profession or lawful occupation5. must be able to speak and write English or

Filipino or English and any principal Philippine dialec

6. he must have enrolled his minor children ofschool age in any of the public schools or private scho

recognized by the government and civics are taught or

prescribed as part of the school curriculum, during the


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entire period of the residence in the Philippines prior to

the hearing of his petitionThe declaration of intention must be filed with the Office

of the Solicitor-General one year before filing of

application for naturalization.Exceptions:

1. those born in the Philippines and received

primary and secondary education in a Philippine school2. those who have resided in the Philippines for 30

years3. the widow or children of the applicant who diedbefore his application was granted

Disqualification for naturalization:

1. persons opposed to organized government or

affiliated with any association or group of persons whouphold and teach doctrines opposing all organized

governments

2. persons defending or teaching the necessity orpropriety of violence, personal assault, or assassination

for the success and predominance of their ideas

3. polygamists, or believers in the practice ofpolygamy

4. persons convicted of a crime involving moral

turpitude

5. persons suffering from mental alienation orincurable contagious disease

6. persons who, during the period of their residence

in the Philippines, have not mingled socially withFilipinos, or who have not evinced a sincere desire to

learn and embrace the customs, traditions, and ideals of

the Filipinos

7. citizens or subjects of nations with whom thePhilippines is at war, during the period of such war

8. citizens or subjects of a foreign country whoselaws do not grant Filipinos the right to become

naturalized citizens or subjects thereof

Judicial procedure:

1. at least one year before he files his petition fornaturalization, the applicant shall file with the Office of

the Solicitor General a declaration of his intention to be a

citizen of the Philippines2. the next step is the filing of the petition for

naturalization with the regional trial court of the provinceor city where the petitioner has resided for at least oneyear

3. upon receipt of the petition, the clerk of court

shall have the duty of publishing the same in the Official

Gazette and in one newspaper of general circulation inthe province or city once a week for three consecutive

weeks and to post notices thereof and of the hearing

4. at least six months after the last publication, butin no case within 30 days before any election, the hearing

shall begin, at which the petitioner shall establish all the

allegations of his petition, to be corroborated by at least

two credible witnesses

5. if the petitioner is able to prove that he has all tqualifications and none of the disqualifications for

naturalization, his petition shall be granted and the

decision shall become final after 30 days from notice6. the decision shall become executory only after

period of two years during which the petitioner shall

continue to be under probation, as it were, so thegovernment can be doubly sure he is entitled to be

naturalized as a citizen of the Philippines7. following the two-year probation period, theapplicant may apply for administration of the oath of

citizenship in accordance with the decision approving

petition for naturalization

8. the last step in the naturalization process is theadministration of the oath of citizenship, by virtue of

which the petitioner shall embrace Philippine citizensh

and renounce allegiance to any foreign StateAdministrative procedure:

1. filing with the Special Committee on

Naturalization of a petition2. publication of pertinent portions of the petition

once a week for three consecutive weeks in a newspap

of general circulation, with copies thereof posed in any

public or conspicuous area3. copies also furnished the Department of Foreig

Affairs, Bureau of Immigration and Deportation, the c

registrar of petitioners place of residence and theNational Bureau of Investigation which shall post copi

of the petition in any public or conspicuous areas in th

buildings offices and premises and within 30 days sub

to the Committee a report stating whether or notpetitioner has any derogatory record on file or any suc

relevant and material information which might beadverse to petitioners application for citizenship

4. Committee shall, within 60 days from receipt o

the record of the report of the agencies, consider and

review all information received pertaining to the petiti(if Committee receives any information adverse to the

petition, the Committee shall allow the petitioner to

answer, explain or refute the information5. Committee shall then approve or deny the petit

6. within 30 days from approval of the petition,applicant shall pay to the Committee a fee of P100,000then take the oath of allegiance and a certificate of

naturalization shall issue.

7. within 5 days after the applicant has taken his

oath of allegiance, the Bureau of Immigration shallforward a copy of the oath to the proper local civil

registrar, and thereafter, cancel petitioners alien

certificate of registrationEffects of naturalization:

1. if the wife is legally married to the naturalized

husband, and she does not suffer from any of the


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disqualifications, she is entitled to be declared a citizen

as well2. if a child is a minor and born in the Philippines,

he automatically becomes a citizen upon the

naturalization of the fatherIf a child is a minor born abroad before the naturalization

of the father, and:

1. if residing in the Philippines at the time ofnaturalization, automatically becomes a citizen

2. if not residing in the at the time of naturalization,he is considered citizen only during his minority, unlesshe takes permanent residence in the Philippines before

reaching majority age

If a child is a minor born abroad after the naturalization

of the father, he is considered citizen on the conditionthat upon reaching the age of majority, he takes an oath

of allegiance in the Philippine consulate of the place

where he may beGrounds for denaturalization:

1. if it is shown that said naturalization certificate

was obtained fraudulently or illegally2. if within the five years next following the

issuance of said naturalization certificate, return to his

native country or to some foreign country and establish

his permanent residence therein3. if the petition was made on an invalid declaration

of intention

4. if it is shown that the minor children of the personnaturalized failed to graduate from a public or private

high schools recognized by the government through the

fault of their parents either by neglecting to support them

or by transferring them to another school or schools5. if it is shown that the naturalized citizen has

allowed himself to be used as a dummyEffects of denaturalization:

1. if the ground affects intrinsic validity of

proceedings, denaturalization shall divest wife and

children of their derivative naturalization and2. if the ground is personal, the wife and children

shall retain their citizenship

Doctrine of indelible allegiance: an individual may becompelled to retain his original nationality

notwithstanding that he has already renounced orforfeited it under the laws of the second state whosenationality he has acquired.

Loss of Philippine citizenship:

1. by naturalization in a foreign country

2. by express renunciation of citizenship orexpatriation

The mere application or possession of an alien certificate

of registration does not amount to renunciation (Mercadov Manzano)

3. by subscribing to an oath of allegiance to support

the Constitution or laws of a foreign country upon

attaining 21 years of age

Provided that a Filipino may not divest himself ofPhilippine citizenship in any manner while the

Philippines is at war with any country

4. by rendering service to or accepting commissioin the armed forces of a foreign country: provided, tha

the rendering of service to, or the acceptance of such

commission in, the armed forces of a foreign country,and the taking of an oath of allegiance incident thereto

with the consent of the Philippines, shall not divest aFilipino of his Philippine citizenship if either of thefollowing circumstances is present

5. by cancellation of the certificate of naturalizati

6. by having been declared by competent authorit

a deserter of the Philippine armed forces in time of waGeneral rule: res judicata does not set in citizenship

cases.

Exceptions:1. persons citizenship is resolved by court or an

administrative body as a material issue in the

controversy, after a full-blown hearing2. with the active participation of the Solicitor

General or his representative

3. finding of his citizenship is affirmed by the

Supreme CourtReacquisition of citizenship:

1. by naturalization

2. by repatriationRepatriation shall be effected by taking the necessary

oath of allegiance to the Republic of the Philippines an

registration in the proper civil registry and in the Burea

of Immigration shall thereupon cancel the pertinent alicertificate of registration and issue the certificate of

identification as Filipino citizen to the repatriated citizIt allows the person to recover or return to his original

status before he lost his Philippine citizenship (Bengzo

III v HRET)

3. by direct act of CongressUpon taking the oath of allegiance to the Republic:

1. natural born citizens of the Philippines who hav

lost their Philippine citizenship by reason of theirnaturalization as citizens of a foreign country are deem

to have re-acquired Philippine citizenship and2. natural born citizens of the Philippines who, afthe effectivity of the said Act become citizens of a

foreign country shall retain their Philippine citizenship

(RA 9225)

Derivative citizenship: the unmarried child, whetherlegitimate, illegitimate or adopted, below 18 years of a

of those who re-acquired Philippine citizenship upon

effectivity of the Act shall be deemed citizens of thePhilippines (RA 9225)

Dual allegiance (sec. 5, art. iv)

dual citizenship dual allegiance


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arises when as a result of

concurrent application of

the different laws of two or

more states, a person issimultaneously considered a

national by said states

refers to the situation where

a person simultaneously

owes, by some positive act,

loyalty to two or morestates

involuntary result of an individuals

volition and is prohibited by

the constitution

Suffrage

Suffrage is the right to vote in elections.Who may exercise (sec. 1, art. v):

1. all citizens of the Philippines, not otherwise

disqualified by law2. at least 18 years of age

3. resided in the Philippines for at least one year,

and4. resided in the place they propose to vote for at

least 6 month

39079742 political law reviewer

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