Beruflich Dokumente
Kultur Dokumente
1. What is a Constitution?
MPH Case: A constitution is a system of fundamental laws for the governance
and administration of a nation. It is supreme, imperious, absolute and
unalterable except by the authority from which it emanates. It has been
defined as the fundamental and paramount law of the nation.
Angara vs. EC: Social contract
since the Constitution is the fundamental, paramount and supreme law of the
nation, it is deemed written in every statute and contract.
-Constitution is immutable, it will always prevail. Why? Direct act of the
people.
-It reflects the peoples sovereignty (the power to do anything without any
accountability).
11. Are the procedures for amendment & revision in 1935 and 1987 identical?
-Yes (except that in 1987 voting separately)
-initiative vs. referendum?
-election vs. plebiscite?
Election (1935)
Plebiscite (1987)
12. What really happened during the 1973 plebiscite was a showing of hands
during barangay consultative assemblies. The people were asked: do you
want to bring home one sack of rice? then someone took photos.
-Javellana vs. Executive Secretary
-procedure in 1935 constitution was not followed, but no more obstacle to its
force and effect. (nandyan na yan e!)
14. Is the principle of due process a fundamental principle? Must not the people
be informed first?
-at the time of ratification, they already knew the contents of the constitution.
Opportunity to be heard?
-Consti is a social contract, when they ratified consti, they agreed that it will
take effect on the day of ratification even if it violates due process its a
contract!
22. Does the 1987 Consti allow any type of change or only certain types?
2 forms- Amendment or Revision
QLT
IOS
provs
Separation of powers
check & balances
40 significant changes
=Revision!!!
27. Diff modes of proposing amendments(3 modes) or revisions(2 modes)
28. In proposing amendments, is congress acting as legislative body?
No. constituent powers
constituent assembly
35. Ratification
-1M required voters- what is the required number to ratify? 500,001 +1
-Low turnout. Only 50% voted. How many votes are required to ratify? 50%
of votes cast
43. RA 6735
-Lambino overruled Santiago? Resolution - as long as en banc, SC can change
July 3, 2013
1. Territory
-is there any legal requirement? No but must be easily administered so not
too big/ not too small
National territory- 1
st
paragraph of art 1
scale)
[drawing]
7. How do you determine the rights of the archipelagic state over the
waters?
Straight baseline
9522 did not diminish
9. Government
Bacani vs. Nacoco defns
Govt
National Govt
E
J
14. Bacani vs. Nacoco- issue: whether nacoco is exempt from paying
stenographic fees (GOCC)
-NO. separate and distinct personality as a corporation!
-only Pubcorp/ municipal corps are included
Is sovereignty a property? Yes, may be subject of a treaty.
18. Belligerent Occupation
Difference between political laws and municipal laws?
Constitution- affirmation
23. Foreign state basis? Par in parem non habet imperium an equal has no
power/authority over an equal
24. Republic vs. Sandoval- (3) when deemed suit against the State
Is this conclusive NO.
1. When Republic is sued in its name
2. When suit is against an unincorporated government agency
3. When suit is on its face against a government officer but ultimate liability
will fall on the State
Permissive counterclaim Still, state has immunity
July 8, 2013
*Holy See vs. Rosario
Corporati
on Code
Supposing inc. agency was incorporated under the Corporation
Code & its AOI is silent as to its suability: With power to sue and be
sued
Since incorporated government agencies have a separate
personality, should they not have the rights accorded to the
government? --- Can we not say that since they are separate &
distinct, DSI should not apply to them?
5. Are LGUs unincorporated or incorporated?
Municipality of San Fernando: determine character of agent to
determine the liability of special agent
Determine if hes acting within scope of functions
6. Writ of Garnishment (WOG) , Attachment
Can the courts issue a WOG against the funds of incorporated
agencies? NO. PNB vs. Pabalan
How about unincorporated agency, are they entitled to DSI? Yes, as
to sovereign acts
Can UA impliedly waive their immunity?
7. Bureau of Printing frequency test
Mobil Phils. Case: not suable
Character Test- Why?
BOC cannot perform services with arrastre
-( indispensable = immune government cannot perform its
services if no arrastre
10. May best intention be made basis in performing an activity otherwise without
legal basis? Villavicencio vs. Lukban -( there must be a LAW
Justice Miller: governed by laws, not men
11. 2 Laws in making International Law as part of the law of the land
1. Transformation Magallona statute/local legislation
2. Incorporation Kuroda
14. Treaties
In hierarchy, where does this lie? In parity with statute
In case a municipal law conflicts with a treaty? Well, you must first harmonize
them. If irreconcilable, municipal law prevails. (Ichong case)
In all instances? If municipal law was subsequently passed and such was not in
good faithy
Municipal Law vs. Executive Agreement- municipal law prevails (Gonzales vs.
Hechanova) violates separation of powers and system of checks and balances;
executive agreement not a treaty
( international treaty and rules and regulations in Re: Garcia violates rulemaking power of SC
SC derived authority from the Constitution, hence, conflict with treaty and
Constitution too.
18. Section 4
Isnt this provision conflicting (1st and 2nd sentences)?
o serving people, not the Government
o State is inanimate, it needs people to perform these services
Should there be an existing war? in defense of the State
How about in times of peace? there must be an aggressor (?)
o threatened war imminent or immediate ?
What is the requirement before the government can compel all
people for military service? under conditions provided by law
Does this mean that any application of funds for activity with
religious color is not allowed? No. (Aglipay vs. Ruiz) release of
stamps is for tourism purposes
Church
Religion right to believe and not to believe (Estrada case)
( Aglipay definition
Is it required that there is belief in a Supreme being?
Can atheists invoke this constitutional principle? Yes (Estrada vs.
Escritor)
May courts assume jurisdiction over expulsion of members of
religious society? No. courts should not touch doctrinal and
disciplinary differences faith, practice, doctrine, form of worship,
ecclesiastical law, custom and rule of a church related to exclusion
of unworthy members
o
o
o
Taruc case
Fonacier vs. CA courts assumed jurisdiction
When do we apply Fonacier? Taruc?
( Not to doctrinal and disciplinary cases
July 10, 2013
1. Two years ago, a US submarine made a distress call in Subic, nuclearpowered submarine carrying weapons. President Aquino allowed this
submarine to use our facilities in Subic Bay. Is that violative of the
Constitution?
- Bernas (p.16): Government may demand ocular inspection and
removal of nuclear arms. Peaceful use of nuclear energy is not
prohibited.
HACIENDA LUISITA
- distribution of lands : actual OR shares of stock
- Constitutional basis: collectively
** Only 1 option left: actual distribution, no more stock option
15. Autonomy
Basco: actually means Decentralization
Limbona: 2 types of decentralization:
1. of power abdication by government of power
2. of administration mere delegation of power to
local governments to broaden base of
governmental powers and to make LGs more
responsible and accountable, and ensure fullest
devt as self-reliant communities and make them
more effective partners in the pursuit of national
development and social progress. This is subject to
supervision of the president. National government
may now concentrate on national affairs.
o Supreme Court: in a unitary state, LGUs (including
autonomous regions)
Decentralization of Power= self-immolation Why?
( No longer accountable to government but to constituents
Public interest:
a. Those which directly affects the lives of individual
b. Those naturally arouse the interest of individual
2 questions that must be answered
a. Whether it involves public interest
b. Is there any law which restricts the disclosure
The right to regulate does not include the right to prohibit
Regulation: time, place and manner
purpose of regulation:
a. Avoid damage or loss
b. Prevent undue interference on the work of the custodian
c. To accommodate others who have equal to right to information
Can they limit inspection only to photocopy? Yes to prevent damage
8am to 5pm inspection only? Yes to avoid undue interference
Limit to one hour inspection? Yes as to accommodate others
GOCCS are covered, Valmonte v. Belmonte
Why custodians do not have obligation to provide lists or summary? To
prevent undue interference
Right to information includes negotiation leading to contract.
3 inherent powers
Similarities and differences
Police power is based on: Salus Populi and Sic utere
Police power implied limitation to bill of rights
Characteristics of police power
Limitations of Police Power
Ichong v Hernandez- Balancing of interest
Tests of validity: (must concur)
Lawful subject
Lawful means
Inherent powers do not lie on opposite poles
Eminent Domain
Section 9,art 3 is only a limitation and not the basis of the power of ED
Source: necessity
LGU:
a. Specific delegation of ED- political question
b. General delegation- justiciable question
Congress enacted a law requiring individuals with dollars to sell it to the
government for dollar reserve. Valid ED? What if lumanng Philippine
currency, valid ED?
Service of Manny Pacquiao as icon of tourism. Valid? Republic v PLDTnot all types of services
Property devoted for public use may be expropriated
Does size matter in ED? NO, Sumulong v Guerero
Taking in ED v taking in PP
Taxation
Taxes v fees
Does power to tax include the power to destroy?
Uniformity v equity
System of taxation- progressive
Regressive system of taxation- in order to increase productivity
Public Use- has this been expanded in taxation as well? Yes, pascual v
public works
[however in my Notes: Public use is strict in taxation, it must be direct
while public use in ED is expanded which includes indirect
advantage] (its for you to decide kung expanded or not sa taxation
ang public use baka na-bingi lang ako. LOL hehe)
Tax exemption- required vote?
Avelino v Cuenco
Majority of ALL members of house (fixed), majority of the house
(variable)
Quorum- majority of the house
Senate preside- majority of all members of the house
23 senators, 1 vacant. Out 5 of 23 went to US. Quorum? Senate
President?
Does the consti directly grants exemption? Yes
Religious org has two parcels of land. TCT 1- church TCT 2convent. Are both tax exempt? Kahit living quarters lang ang TCT
2? Exclusively includes incidental
LLadoc v CIR
RC church owns a property and is being asses for RPT. Church
presented as evidence its ownership. Is that enough? No, it must be
actually, exclusively and directly used for religious purpose
RC built a church on the property of A. May be A be assessed for
RPT? No, ownership is not important but USE.
Meaning of ADE? Include incidental
Lung center case- charitable purpose
Due Process
Due process- The embodiment of the sporting idea of fair play frankfurter, Responsiveness to the supremacy of reason and
obedience to the dictates of justice - Fernando, A law which hears
before it condemns, renders judgment only after trial - Webster
Minimum requirements- Notice and Hearing
age
gender
Q: Are they judicial precedents so that in subsequent cases, they will serve as
basis for the decisions?
A: No. They apply as to those cases only.
Better Rule: Recognize its validity only if the young, the woman, and the cultural
minorities, Filipino citizens are singled out for favourable treatment (Not
prejudicial treatment). (PASEI vs. Drilon)
Ormoc Sugar
Must apply to future conditions as well (must apply to future players in the
industry).
All illegal SS are unreasonable while lawful ones are reasonable.
Q: DAR employee searched the closet of her friend and found shabu. Can her
friend invoke right against unreasonable SS against the State?
A: No. It may be invoked only if the search is made by law enforcement agencies
and the State itself.
Q: What is a warrant?
A: Warrant is an order in writing issued in the name of the People of the
Philippines, signed by a judge and directed to a peace officer.
Q: May a search warrant be issued for the search and seizure of real property?
A: No. Real property cannot be a subject of a search warrant because of physical
impossibility to bring the property before the court.
Under RoC, only personal property may be subject of search warrant, which may
be:
a. Subject of offense.
b. Stolen or embezzled and its fruits.
c. Used or intended to be used for the commission of the offense.
A warrant of arrest has no lifetime and it is valid until served. But the head of
the office to whom the warrant of arrest was delivered for execution shall cause
the warrant to be executed within ten (10) days from its receipt. Within ten (10)
days after the expiration of the period, the officer to whom it was assigned for
execution shall make a report to the judge who issued the warrant. In case of his
failure to execute the warrant, he shall state the reasons therefor. (Sec. 4, Rule 113)
For a search: such facts and circumstances which would lead a reasonably
discreet and prudent man to believe that an offense has been committed and that
the objects sought in connection with the offense are in the place sought to be
searched.
For an arrest: such facts and circumstances which would lead a reasonably
discreet and prudent person to believe that an offense has been committed by the
person sought to be arrested.
On the other hand, for SW no case has been filed yet. Further, it is intended to
secure evidence in connection with the crime. There is no evidence yet, hence,
stricter procedure.
Q: ABCD are in a drinking session in a 3x3 room. C and D fell asleep. Whey they
awoke, they found A dead. Can they arrest B?
A: No. Presence does not refer to physical presence. Physical presence is not enough
without any showing that they are conscious of what was happening while they were
asleep.
Go vs. CA
Q: What is the meaning of just committed?
A: There must be a sense of immediacy between the time the offense is
committed and the time of the arrest, and if there was an appreciable lapse of
time between the arrest and the commission of the crime, warrant of arrest must
be secured. (Nachura Reviewer 2009, p. 127)
Read People vs. Ferrer? Herrera (drinking session) according to Mimay notes.
Posada vs. CA
Q: Distinguish stop and frisk from stop and search.
A: Terry vs. Ohio
Stop and
Frisk
Stop and
Search
Extent of
permissible
search
Outer
clothing
Even bag
Requirement
of PC
No PC is
needed
PC is
needed
Standard
Belief of a
Belief of
well-trained reasonably
and
prudent
seasoned
person (see
police
definition of
officer
PC)
Malacat vs. CA
Q: What are the 2 objectives of Search and Frisk?
A: (1) General interest of effective crime prevention and detection, and (2) safety
and self-preservation. So if drugs were found during stop and frisk, still valid
because of crime prevention.
Salazar vs. Achacoso?
Harvey vs. Santiago
Espano vs. CA
Q: Extent of permissible warrantless searches incidental to lawful arrest.
A: May be subject to bodily search and extends to area within his immediate
control. If arrested in the street, may not extend to his house.
Q: If suspect does not object, can it be considered consented search?
A: No. Consent must be made voluntarily and knowingly.
Malacat vs. CA
Q: Difference between stop and frisk and search incidental to lawful arrest.
A: In search incidental to lawful arrest, there must be prior lawful arrest before search is
made, but in stop and frisk search is made first before arrest.
Amminudin
not in flagrante
No reason except
for furtive finger
Search in vehicles
Q: Yung car may curtain, may the PO request that it be opened? How about
compartments?
A: Yes. Nasa book yata ni Bernas.
Privacy of Communication and Correspondence
Zulueta vs. CA
Q: Are pictures guaranteed under Section 3? Are they correspondence?
A:
Q: What are the Constitutional provisions and laws which create zones of
privacy?
A: Sections 1, 2, 3(1), 6, 8 and 17, Art. III of Constitution. In addition, NCC, RPC,
SPL like Anti-Wiretapping and Secrecy of Bank Deposits Act and RoC. (Ople vs.
Torres)
RA 4200
Q: What defines the character of communication?
A: (1) Place and (2) presence or absence of other people.
Controlling factor: Intent of parties. Majority if larger group, both if there are
parties. Marami. Depende sa circumstances.
Navarro vs. CA
Police precinct public place?
Ramirez vs. CA
Violation even if recording is made by party to private communication.
Any section 1, RA 4200.
Exclusionary Rule
Freedom of Expression
Reyes vs. Bagatsing
Q: What are the rights covered by Section 4?
A: Speech, Expression, Press, Assembly and Petition
US vs. Bustos
Q: Does freedom of expression in general cover criticisms?
A: Yes. Right to criticize is comparable to scalpel (a surgical instrument used to
expose illness). Freedom of expression exposes abuses/social ills perpetrated by
public officers. It is a necessary consequence of a democratic institution.
Meron text na naputoldi ko mabasa!!!!!
US vs. Bustos
Necessary consequences of republican institution
5. PBM
Property vs. Human right
Why did the court uphold these guarantees in PBM and Malabanan
SC only weighed the appropriateness of penalty involved??
3 elements religion
Religion meaning religio bound between man & the gods
August 2003 decision
13. Tax
ABS vs. city of Manila
ought to tax acts of ABS proselytizing???
19. 2 types of BN
Permissive ano yung sa Estrada vs Escitor??
Mandatory eh sa victoriano??
21. A purchased a lot in Manila to build dream house after purchase, Manila
issued ordinance as highly industrialized zone. Can A insist to build house if no
Lawful order of court:
Law & Order of Court
Art. 2
ano yung Law? Legislative lng? Yes
Not arbitrary
26. Manotoc vs. CA
27. Cotabato splendid symmetry
29. ROI
Public concern
DISCLOSURE
public interest
33. ROI
- included din ba steps leading to consummation? Yes, except
Right to assoc.
- not only to these working
- Govt EES not allowed to strike SSS case
What Law prohibits Memo circ & EO 180
- May the R to A be surrendered through the medium of a K?
Eminent Domain
Example
A&B Contract to sell
A committed to sell to B, w/in 1 year within that period, govt needed that
property
Gamzen vs. Inserto
Custodial Investigation
RA7438
When does CI begin?
After a report, police officers went to scene of crime & determined A was
culprit; patrol car- extracted confession = Bolanos - inadmissible
PPL VS Pinlac
Burden on Prosec to establish that all consti rights here been accorded even w/o
objection
5. What if the accused confessed despite the fact that the police officer was not
asking any question?
Apply the principle of res gestae under the Rules of Court. People v. Dy
6. Police line-up.
GR: not part of CI
XPN: if made after accusatory process.
9. Who are the law enforcement officers under the contemplation of Section
13?
PNP, NBI, other police agencies, others charged with prosecution and
investigation of offenders
12.Macam
Not entitled to acquittal even if rights of the accused under custodial
investigation were violated. May still be convicted.
Non-impairment clause
13.Reasonable impairment is allowed -> not a question of degree or of extent
14.Ortigas v. Feati
Two elements deemed included in contract:
a. All existing laws deemed included
b. Reservation of exercise of attributes of sovereignty.
15.Rutter v. Esteban
Moratorium law valid if:
a. Period of suspension is definite
b. Period of suspension is reasonable
c. . . . not for rights of creditors
20.Kinds of bail.
a. Matter of right
b. Matter of discretion
i.
After conviction
ii.
Before conviction (reclusion perpetua, life imprisonment, death to
determine whether evidence of guilt is strong)
c. Denied
a. After conviction of capital offense, even if accused appeals
b. Before conviction, RP or LI when evidence of guilt is strong
Weight of evidence.
Discretion ceases:
i.
Weak -> right
ii.
28.Are members of the PNP entitled to bail? Is there a violation of the equal
protection clause?
30.How will you determine whether right to bail is a matter of right or a matter
of discretion in deportation proceedings/extradition proceedings?
34.Galman v. Sandiganbayan
Must not only be impartial but must also appear to be impartial.
-> so people will not doubt
-> integrity of justice system will not be eroded.
Presumption of Innocence
- disputable presumption
- degree of proof: PBRD (?) Dramayo case
- Presumption applied individually to each co-conspirator
37.Dumlao v. COMELEC
Accused does not mean a person convicted with a crime
38.Marquez v. COMELEC
Fugitive from justice those merely charged and fled
40.Equipoise rule
Corpus v. People
Applies only when evidence for both sides are equally balanced.
43.Agbayani
Records failure to show does not mean denial
Presumption of regularity
Right to be informed
44.Quitlong
Elements of criminal information under the Rules of Court must be present
45.Soriano v. Pecho
- Accused may be convicted of offense other than what is in the information
as long as elements are included
- Variance section 4, Rule 120; Section 5, Rule 120
47.3 instances of violation oppressive, etc.
48.Mateo case
When judge must inhibit any basis for bias or prejudice on the part of
trial court is ground for inhibition
49.People v. Teehankee
Media exposure is not equivalent to impartiality
Estrada v. Sandiganbayan
Compulsory process
53.Subpoena duces tecum is always coupled with ad testificandum.
Reason: because the custodian of the records must also testify in court.
54.Tests: definiteness and relevancy
- depends on articles being required.
- it is relevant if it will affect guilt or innocence of the accused.
55.Trial in absentia
The right pertains to the prosecution, not the accused.
Confrontation
56.2 purposes
a. Cross-examination
b. Observe deportment of witnesses
57.Testimony of witness in other case.
Testimony of a witness in a different case involving the same parties may be
used in other case with same parties as long as the accused was given the
chance to cross-examine such witness.