1
3 INHERENT POWERS OF THE STATE:
Why is the 3 fundamental powers of the state inherent?
 It is considered inherent because it co-exist with the state.
The moment the state exists, it already exists. It doesn’t
necessarily need a law to exist.
1) POLICE POWER- It is the inherent power of the state to
promote general welfare by restraining or regulating the use of
liberty, property and life.
2) EMINENT DOMAIN—it is the inherent power of the state to take
private property upon observance of due process of law upon
payment of just compensation for public use.
Taking?
 There is taking if one impairs the value of the property for
ordinary use
 Can be Constructive or Actual Taking (Airport and chickens
example)
 Constructive Taking – Deprivation of beneficial use of the
property
 Requisites for a valid exercise of Eminent domain:(Sec 9
of bill of rights)
1) Taking of Property whether constructive/ actual is a
private property (even if corporation pwede)
Is there any standard for it? None. Theres no standard of
measure for the taking of a private property
2) Taking must be permanent in character
3) Taking must be for public use
4) Payment of Just compensation to the owner
5) Necessity of Expropriation compliance with due
process --(( no need for a law)
 Is the Local govt authorized? Yes. In Sec 19 of the
Constitution. (7160)
 WHAT IS JUST COMPENSATION?
--- Actual or basic value; full and fair equivalent of
property; based on taker’s loss not gain; based from
reliable or actual data
 FAIR MARKET VALUE --- the amount a seller is willing to sell
and a buyer is willing to buy at an arm’s length transaction
If one is compelled to buy a property, is it still FMV?
No. It is not anymore the FMV since the property is not
the actual trade value in the ordinary course. Bargains
decreases its value.
 Who determines FMV? The court. The tribunal determines the
value of the property wherein reliable data or sources are used
from the market. In case the seller and the buyer do not agree
to the value, the courts have the authority to fix the price.
 FOR PUBLIC USE- Not necessary for the whole community
or public benefit
Example: cemetery already for public use
CITY GOVT—has NO power to change the public use
of a property
Exception:
1) Power of the Legislative to change the public use
to another public use
Local govt -> CANNOT expropriate it
Constitutional Law II Notes from Atty. Pio Martin Borja’s class
Prepared by: Lydie Bonacua- JD1A
College of Law, Ateneo de Naga University

2) Ancestral Domain ( theres a law protecting it)
 At the time of taking--- the owner entitled to: FMV,
Legal interest if entitled
VALID EXERCISE OF LOCAL GOVT: under SECTION 19 of
RA 7160
1. There must be an ordinance authorizing them
2. For public use, public welfare, or benefit for the poor and
landless (housing pwede) section 16 general welfare
3. Valid and definite offer to the owner ; offer was not
accepted/rejected (there should be a time, price and the
property )
4. LG files expropriations proceeding
---- as long as nagfile na, they can take the property
provided:
Note: At least 15% of the current tax declaration is paid
even if before judgment if given
5. Payment of just compensation
3) TAXATION  Inherent power of the State to impose
charges or financial obligations usually in the form of
money imposed of the legislative body on persons or
property to raise revenues for public purposes.
--Reciprocal obligation
Characteristics of Taxation:
1) Equitable – burden of taxation is based on capacity of the
person to pay
2
2) Uniform --- same class, same tax rate (similarly situated)
3) Progressive --- Tax rate increase when tax base increase
Do LGC have power to tax? \\SEC 128,129, 130 132 of Local govt
REQUISITES for Local Govt to tax:
1) The tax is for public purpose
2) Rule of uniformity is observed
3) Only persons and property within territorial jurisdiction can be
taxed
4) Assessment and collection notice and opportunity for hearing
are provided (coca cola case)
Role of judiciary:
1) Balance the interest of the public and ensure the law granting
powers and limitations are properly observed (proper
adjudication with respect to private rights
2) To ensure the law granting power and limitations is properly
observed {reason: abuse of powers} where is this power? ->
p2 a Sec 5 of consti article 8 power to review on
constitutionality of law (lower courts can decide on consti,
subj to review of sc)
Tariff-> impost
Assessment amount/ demand of payment for tax
Toll- fee/ duty imposed on goods and passengers traveling
public roads
Artcile III: BILL OF RIGHTS
RIGHT TO LIFE
Constitutional Law II Notes from Atty. Pio Martin Borja’s class
Prepared by: Lydie Bonacua- JD1A
College of Law, Ateneo de Naga University

 Can be a person be denied of life, liberty or
property? Yes. But there must be compliance of due
process of law.
 The constitutional proctection of the right to life is
not just a protection of the right to be alive or to the
security of one’s lim against physical harm, the
right to life is also the right to have a good life.
 Extent of right to life? Right to life is beyond
existence but extends also to protection of limbs and
faculties and proper enjoyment and improvement of
quality of life. - Article 2 section 9,10,11,13
 Do the unborn have the right to life? Article 2 section
12
 Conception? Egg cell and sperm cell meet (Imbong
vs Ochoa)
The life of unborn commences upon conception.
RIGHT TO LIBERTY
 Right to be free from arbitrary restraint
 Hindered from performing faculties or enjoy the facilities
of life (eg. nature)
 License to operate a cockpit ,granted, is it part of
right to liberty? No. It is a privilege not a constitutional
right.
Substantive due process
Law must be:
1) Reasonable or arbitrary
2) Absence of arbitrariness and not unduly oppressive
Example of Sir:
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- Is the city ordinance prohibiting the ‘extra service’
in saunas, spas etc, valid?
Answer: No. The business is legitimate as to
complying with regulations. It violates the right
to liberty of the citizens who want to avail of the
services. Furthermore, it would be prejudicial to
the rights of those who conduct their business
in a lawful manner. Unconstitutional
Ordnance prohibiting motels, hostels, etc to
provide short term stay valid?
Answer?: no. The ordinance is
unconstitutional because it deprives the
business owners their right to property. In
addition to this,it deprives those citizens
who want to avail of this stay.
Jurisdiction of the courts
Should be filed with the proper court unless case will be
dismissed
Opportunity to be heard
- Not necessarily the defendant will take the witness
stand. It will be enough that the person has notice of
the case filed against him.
- Summon must be given personally to the defendant
- Presentation of the evidence
Summon- a formal notice issued by the judge informing that a
case has been filed against him/her or it(for juridical persons)
Constitutional Law II Notes from Atty. Pio Martin Borja’s class
Prepared by: Lydie Bonacua- JD1A
College of Law, Ateneo de Naga University

Summon—
Issued by Judge
Served by Sheriff
Throught voluntary appearance  courts can acquire
jurisdiction over a person even without notice.
When notice is NOT served personally—> NULL and VOID
As to Criminal cases, Must be filed in the courts with
jurisdiction
WHERE THE CRIME IS COMMITTED(PLACE OF
COMMISSION OF CRIME)
Eg. Crime committed in magarao, penalty > 6 years: Filed in
the RTC of Naga, Valid?
Answer: yes. RTC of Naga acquires jurisdiction over
the person/ property.
Criminal case “Accused”
Civil case “defendant”
How can the court acquire jurisdiction over the person?
Answer: Civil cases- notice is sufficient
Criminal case- arrest or voluntary
surrender of the accused
Eg. Criminal case –proceeedings cannot go on arrest should
be made first otherwise no jurisdiction
2. Opportunity to be heard
 courts render judgment only upon lawful
hearing
ADMIN CASES – Substantial evidence  amount
SUBSTANTIAL EVIDENCE amount of evidence required in
admin case (Ang Tibay v. CIR)
4
4 ELEMENTS OF AN ADMINISTRATIVE DUE PROCESS:
1. The right to actual or constructive notice of institution of
proceedings
2. A real/ genuine opportunity to be heard personally or
by counsel which includes a right to present evidence or
present witnesses in one’s favor and defend one’s right
3. A tribunal vested with competent jurisdiction and so
constituted as to afford a person charged administratively a
reasonable degree of honesty and impartiality.
4. A finding by said tribunal based on substantial
evidence.
Plaintiff v. Defendant- CIVIL CASES
Complainant v. Accused CRIMINAL CASE
Complainant v. Respondent ADMINISTRATIVE CASES
General Rule: Summon to be served personally
Exception: Labor Cases
Employer can choose to:
1) Send the notice to the last known address
2) Get witnesses in case theres refusal to accept
notice
3) Thru registered mail  office after 5 days deemed
served
NO need for hearing:
1) Position papers
2) Affidavits
>>>> real opportunity to be heard >>== enough
Constitutional Law II Notes from Atty. Pio Martin Borja’s class
Prepared by: Lydie Bonacua- JD1A
College of Law, Ateneo de Naga University

“Substantial evidence”  Amount of evidence which
a reasonable man can arrive at a certain logical
conclusion.
Notes:
1) NOTICE and HEARING ADMIN CASES
(substantial compliance even without formal
notice)
SUBSTANTIVE DUE PROCESS
1) Publication part of due process  it is a
notice of the law for which you are obliged
to obey (articles 2 and 3)
2) In case of students, entitled to a complete
course
School is duty bound unless:
 Academic deficiency
 Violates the rules of discipline of the school
 Non-payment of tuition NOT VALID GROUND
FOR THE SCHOOL ONLY THE DEMAND OF
PAYMENT CAN BE DONE BY THE SCHOOL.
Students grounds:
1) Academic deficiency
2) Violation of rules of discipline
 Preliminary investigation only to felonies with 6 years and
above penalty not applicable to light felonies
EQUAL PROTECTION CLAUSE
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Equal protection means constitutional guarantee
requiring that all persons/ things that are similarly
situated shall be treated alike both as to rights and
responsibilities conferred.
 Applies to natural and juridical/artificial
 Do they have the same rights? No. Artificial only
to the extent to their property, eq right to liberty
and life as to natural.
 Beyond existence—right to life
 Beyond free—right to liberty
 Whether the obligation extend EPQ extend to
private entities? No.
 A check against the 3 depts of the state, di ksama
ang private entities. (yrasuegui v. PAL)
 Does EPQ prohibit classification? NO.
4 REQTS TO MAKE A CLASSIFICATION VALID:
1) Based upon substantial distinction.
 Reasonable standard/ criteria (appointed officials
/ elected officials) (nunez v. sandiganbayan)
valid distinction
2) Must be germane to the purposes of the law.
e.g VAWC and imposing higher taxes in
imported cars.
Germane—should have a connection and
relevance to the law.
3) Not limited to existing conditions only
o Continue until the law exists;
applies to future conditions
o Truth commission benigno case – INVALID violates it
focusing only in a given time
Constitutional Law II Notes from Atty. Pio Martin Borja’s class
Prepared by: Lydie Bonacua- JD1A
College of Law, Ateneo de Naga University

4) Must apply equally to all members of the
class
Discretion of the legislative dept whether
component city. Independent
SEARCH AND SEIZURES
Article 3 section 2-
 Equal in Basic rights- equal
 Seizures-> exercise of the govt’s police power
 Right against UNREASONABLE searches and seizures 
covers all persons, houses, papers and effects.
 Protection of houses NOT limited to dwelling
 Not necessary ownership, but right
 OPEN FIELDS Does not apply. Are not covered by this
article
What is included in papers and effects?
 Doucments, papers and files
Search warrant-> refers to an order in writing in the name of
the People of the Philippines, signed by the judge directed to a
peace officer commanding him to search for a property and
bring it before the court.
Can a search warrant be issued even if theres no case
yet?
 Yes. The issuance of a search warrant is a legal way
to obtain evidence to prosecute and establish
probable cause.
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 A search warrant shall be applicable to furtherance of
public interest by prosecuting a person criminally and
cannot be applied to civil processes.
 Establish probable cause
 Not allowed private interests, only public. “people of the
phiilippines”
Rule 126 sec 2.
Properties subject to search warrant:
1. Property subject of the offense
2. Property stolen or embezzled and other proceeds/
fruits of the offense
3. Property used/ intended to be used a means of
commtting an offense.
Requisites of a valid search warrant:
1. The warrant is based upon probable cause
2. The probable cause is determined personally by the judge.
3. The dertermination must be done after examination under oath
or affirmation of the complainant and the witnesses he may
produce.
4. The warrant must particularly describe the place to be searched
or things to be seized.
Probable cause refers to facts and circumstances which
would lead a reasonably discreet and prudent man to believe
Constitutional Law II Notes from Atty. Pio Martin Borja’s class
Prepared by: Lydie Bonacua- JD1A
College of Law, Ateneo de Naga University

that an offense has been committed and the objects sought in
connection with the offense are in the place sought to be
searched.
PROCEDURE:
Once the information is filed with the court:
Search warrant (sec1, rule 126)
1. An order in writing
2. Issued in the name of the people of the phillippines
3. Signed by a judge, directed to a peace officer
4. Commanding him to search for personal property described
therein;
5. And bring it before the court.
Purpose: to obtain evidence
NOTE: ONLY APPLICABLE TO FURTHERANCE OF CRIMINAL
ACTION OR PROSECUTION.
 The warrant must refer to only ONE specific
offense (rule 126, sec 2)
 “scatter-shot warrant” (people v. ca)
 On the second requisite, the word “JUDGE” is
interpreted in the generic sense and includes
JUDGES IN ALL LEVELS.
 The Issuance of a warrant of arrest was not a
ministerial function of the judge who had the
right to determine for himself the existence of
probable cause.
 “PERSONAL”  what the constitution underscores
is the exclusive and personal responsibility of the
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issuing judge to satisfy himself of the existence of
the probable cause. ( Soliven v. Makasiar)
1) Issue a warrant of arrest, if he finds probable cause
2) Immediately dismiss the case, if the evidence on record clearly
failed to establish probable cause.
3) Order the prosecutor to submit additional evidence, in case, he
doubts the existence of probable cause.
NOTE: The judge should not rely on th recommendations of the
prosecutor alone but must independently arrive at his own
conclusions based NOT ONLY on the bare report of the
prosecutor but also on the other relevant documents.
Prelimniary inquiry Preliminary Investigation
Determines probable cause Ascertains whether the
for the issuance of a warrant offender should be held for
of arrest trial or be released.
Investigating
Made by the judge Prosecutor
 PARTICULARITY
of DESCRIPTION:
Constitutional Law II Notes from Atty. Pio Martin Borja’s class
Prepared by: Lydie Bonacua- JD1A
College of Law, Ateneo de Naga University

--- The Constitution requires that the place to be
searched of the persons ot things to be seized be
described with such particularity as to enable the
person serving the warrant to indentify them.
 A search warrant NEED NOT indentify with
particularity the person against whom it it directed, it
suffices the place to be searched and things to be
seized are described.
 “descriptio personae” that will enable the officer
to identify the accused.
 A search warrant issued must particularly describe
the place to be searched and persons of things to be
seized in order for it to be valid, otherwise, it is
considered as a general warrant which is prescribed
by both jurisprudence and the 1987 constitution.
 GENERAL WARRANT
 A “search or arrest warrant” is not particular as to
the person to be arrested or the property to be
seized.
 It is one that allows the seizure of one thing under
a warrant describing another and gives the officer
executing the warrant the discretion over which the
items to take.
 PROPERTIES SUBJECT TO SEARCH AND
SEIZURE:
1) Property subject of the offense
2) Property stolen or embezzled and other
proceeds or fruits of the offense.
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3) Property used or intended to used as the means
of committing an offense.
 If the search is incident of a lawful arrest, seizure
may be made of the dangerous weapons or anything
that may have been used or may have been used or
may constitute proof in the commission of an
offense.
 Where the search and seizure is made only for
the purpose of obtaining evidenceto be used
against the accused, the warrant is unlawful as it
would violate the constitutional right against self-
incimination.
 Articles illegally seized are not admissible as
evidence because such evidence is “the fruit of
the poisonous tree.”
WARRANTLESS SEACRCHES AND SEIZURES:
1) Consented searches
2) As incident to a lawful arrest
3) Searches of vessels and aircraft for violation of immigration,
customs, and drug laws
4) Searches of moving vehicles
5) Searches of automobiles at borders or constructive borders
6) Where the prohibited articles are in “PLAIN VIEW”
7) Searches of buildings and premises to enforce fire, sanitary,
and building regulations
8) “STOP AND FRISK” operations or TERRY SEARCH
9) Searches in consonance of Tariffs and Customs Law
Constitutional Law II Notes from Atty. Pio Martin Borja’s class
Prepared by: Lydie Bonacua- JD1A
College of Law, Ateneo de Naga University

10) Searches conducted under exigent and emergency
circumsances such as war or public disorder.
 Warrantless searches and seizures at military
checkpoints ------ justified on the basis of the right of
the state to protect itself.
 Searches based on tipped information in buy-bust
operations or cases involving drugs in transit.
Warrantless arrests:
1. When such person has in fact just committed, is actually
committing, or is attempting to commit an offense in the
presence of a peace officer or even a private person.
2. When an offense has in fact just been committed and has
personal knowledge of the facts indicating that the person to be
arrested has committed it.
3. When the person to be arrested is a prisoner who has escaped
from a penal establishment or place where he is serving final
judgment or temporarily confined while his case id pending or
has escaped while being transferred from one confinement to
another.
 Is the search is an incident of a lawful arrest, seizure may be
made of dangerous weapons or anything that may have been
used or may constitute proof in the commission of an offense.
 “HOT PURSUIT” ---- a type of warrantless arrest necessitate
2 stringent requirements:
1. An offense has just been committed
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2. The person making the arrest has personal knowledge of the
facts indicating that the person to be arrested has committed it.
BASIC RULES ON SEARCHES AND SEIZURES:
1. There must be first a lawful arrest before a search can be
made.
“PLAIN VIEW DOCTRINE”
a) The law enforcement officer in search of the evidence has a
prior justification for an intrusion or is in a position from which
he can view a particular area.
b) The discovery of the evidence in the plain view is inadvertent.
c) It is immediately apparent to the officer that the item he
observes may be evidence of a crime, contraband or otherwise
subject to seizure.
Article III, Sec 3.
(1) The privacy of communication and correspondence shall be
inviolable except upon lawful order of the court, or when public
safety or order requires otherwise as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding
section shall be inadmissible for any purpose in any proceeding.
Right to privacy—“a check or tool against the arbitrary power of the
state.”
“Right to be left alone” – The right of a person to be free from undesired
publicity or disclosure of his communication and relationship and
correspondence and as the right to live without unwarranted
Constitutional Law II Notes from Atty. Pio Martin Borja’s class
Prepared by: Lydie Bonacua- JD1A
College of Law, Ateneo de Naga University
 10

interference by the public in matters with which the public is not SALN statement of assets, liablilities and net worth
necessarily concerned.
 Amount of income and source
Question:Is an ordinance allowing “see-through fence valid?”  VALID. It is an exercise of Police Power
Lifestyle check.
Answer: No. It is violative of the right of the person to one’s own Ermita case: (hotel guests info) valid?\
property. He is entitled to protect his or her own property. Allowing this Answer: YES. Valid exercise of Police power.
will go beyond other people’s rights thus, invalid. Response to safety of the public.
To be violative:
AR v. Capulong
1. there is a direct intrusion  Not an absolute right
If public officer or figure and information is public in
2. Intrusion is unlawful character
3. the offended party has a reasonable expectation of privacy “Unwarranted publicity”

Requisites:
EXCEPTIONS: 1. Person subject of the publication is a public figure
1. Persmissible intervention Public Figure—if the public is interested in his legitimate
activities. Eg. Vice Ganda, CJ Sereno, Manny Pacquiao
2. Lawful order of the court
2. Information sought to be solicited from him is public in character.
Either by: 1. Search warrant
3. Publication must be truthful and historical in the presentation of
2. Subpoena (eg. Labor cases) du ces teccum
events.
3. Rule 27 (Motion for production of documents
4. There must be no presentation of the private life of the person. -
 Goes beyond letters, oral, etc. sets the limit from the public life and private life.

“otherwise prescribed by law”  restrictions are present Writ of Habeas Data the judicial remedy of the person.
Constitutes immediate return of the info or removal.
Example: RA3019 Anti-Graft and Corrupt practices act

Constitutional Law II Notes from Atty. Pio Martin Borja’s class

Prepared by: Lydie Bonacua- JD1A
College of Law, Ateneo de Naga University
 11

Govt/ private person—rightfully stopped by the complainant Answer: No. They should respect other views and expressions.

Requires proof by substantial evidence actual/threatened What does thr right of expression guarantee?

If proven, court grants petition. 1. Freedom from prior restraint

----END OF MIDTERMS--- 2. Freedom from subsequent punishment

Sec. 4, Article III.
No law shall be passed abridging the freedom of speech, of
expression, or the press, or the right of the people peacably to
assemble and petition the government against redress of
grievances.
GENERAL RULE: Government cannot restrict whether content-based
or conent-neutral.
- A governemental action that restricts freedom of speech or of the
press based on content is given the strictest scrutiny in light of its
inherent and invasive impact.

Freedom of Expression – the right to freely utter and publish whatever EXCEPTION: IF THE EVIL CONSEQUENCE SOUGHT TO BE
one pleases without violating the law or injuring one’s character, PREVENTED IS:
reputation and business.
1. SUBSTANTIAL
What does speech and press include?
2. EXTREMELY SERIOUS
1. Oral
3. THE DEGREE OF IMMINENCE IS EXTREMELY HIGH
2. Taped/ Disc
Question: Is the right of expression absolute?
3. Symbolic speech (eg. Flag)
Answer: No. Subject to limitations.
4. Written
- Including the dead, through their heirs (can file)
5. Movies

“LAW”- taken in the generic/ general sense. Any law that may restrict.
Eg. Ordinance, memorandums, etc.

Question: COMELEC disallows LGBT community to express their GENERAL EXCEPTIONS:

views, valid or not?
Constitutional Law II Notes from Atty. Pio Martin Borja’s class
Prepared by: Lydie Bonacua- JD1A
College of Law, Ateneo de Naga University

1. Slanderous and libelous words
2. Seditious remarks –made in public and tumultuous in character
3. Lewd and obscene remarks  speeches/ acts which deals with sex
or with interest in prurient things. Unwholesome.
Lewd if:
1. deals with unchaste desires
2. Sex in a manner appealing to prurient interests
 Disturbance of peace- restricted by the government.
Validly restricted, can be held civilly and criminally liable.
WHEN CAN THE GOVT ABRIDGE THE FREEDOM OF SPEECH?
1. CLEAR AND PRESENT DANGER RULE.Substantial danger that
the speech would likely lead to an evil that the state has the right to
prevent.
2. DANGEROUS TENDENCY. When the natural tendency and
probable effect of the utterance would bring about the substantial evil
that the legislative body would seek to prevent.
3. BALANCING OF INTEREST TEST. When particular conduct is
regulated in the interest of public order, and the regulation results in an
indirect, conditional partial abridgement of expression, the duty of the
courts is to determine which of the conflicting interests demand
the greater protection under the particular circumstances
presented. (interests of: 1. Public. 2. Privacy of the person)
Supreme court: Dangerous tendency rule Content-neutral
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CPD rule --- Content-based
Content-neutral-> Only regulates the time, place, manner of the
speech.
Content-based Restricts the speech itself
Eg. Free and Honest elections  restrictions. Must be given to the
candidates.
Example: Pinoy Playboy confiscated by the police, valid?
Answer: No. The determination of the imminent danger is
vested with the courts/.
 Court is NOT convinced to warrant the confiscation
of the police.
Remember: According to the Supreme Court:
1. There should be a lawful order of the court to warrant
confiscation.
2. Pornographic materials CANNOT be confiscated if there is a
REDEEMING VALUE.
3. Its NOT SUBJECT TO SEIZURE, if its LITERARY.
If totally pornographic? Yes, Subject to seizure.
Cybercrime Law:
1. Posted publicly
2. libelous
Constitutional Law II Notes from Atty. Pio Martin Borja’s class
Prepared by: Lydie Bonacua- JD1A
College of Law, Ateneo de Naga University
 13

Only the author is LIABLE. IF private fund, no violation. The fund must be a public money/property.

- Social media? Comment? NO. Example: govt officials leading procession, valid?
- Shares post? NO.
- If one prints it and then shares it? YES. Yes. Legal and socio-cultural activity not only religious exercise.

Supreme court: It is not applicable in the internet. Otherwise, If there is an, an employer-employee relationship, then there is a valid
violating the constitutional right. ground. NLRC has jurisdiction not ecclesiactical.

- If you comment on your post? Not liable. If purely ecclesiastical, None. The state should not interfere. Violation
based on Canon Law.
Sec. 5, Article III.

No law shall be made respecting an establishment of religion or

prohibiting the free execerise thereof. The free exercise and The state has no concern in:
enjoyment of religious profession and worship, without 1. Rituals
discrimination or preference shall forever be allowed. No
religious test shall be required for the exercise of civil or 2. Manner in conducting rituals
political rights.
1. Freedom to believe –absolute. No restrictions
Freedom of Religion
even if erroneous, the State has no power to inquire.
2 clauses under the freedom of religion:
- INCLUDES THE RIGHT NOT TO BELIEVE
1. Non-establishment of religion – prohibition of establishment or
giving support. 2. Freedom to act one’s belief – must conform with the laws of the
State.
2. Free exercise clause –
Ebraling v. The division of the superintendent schools of cebu.
BASIS OF THE FREEDOM OF RELIGION:
Article III, Sec 5  Supreme court uphelds: Religion prohibits the salute to
Article II, Sec. 6 the flag.
Article VI, Sec. 29 (2) - The court allows the prohibition because it was on
--- even if ALL RELIGIONS, NO. Still violative, because there are still account of marriage.
Non-believers.
Constitutional Law II Notes from Atty. Pio Martin Borja’s class
Prepared by: Lydie Bonacua- JD1A
College of Law, Ateneo de Naga University
 14

Article 6 sec 28. Sec. 6 Article III

Actually, Directly and Exclusively used in Example: Hospitals cannot hold the patients with outstanding accounts
or unpaid bills. RA 9439. Sec 2.
RELIGIOUS, CHARITABLE AND EDUCATIONAL
 Reason: It shall be unlawful for hospitals to detain
Permit/ license fee – Absolutely prohibited that is prior to the exercise directly or imdirectly.
of religion.  Remedies for hospitals:
Taxes- restraint to exercise religious freedom 1. Require patients to make a promissory note
2. File an action in court
Religious test- if a citizen is disqualified or this test is an added
requirement for the exercise of a civil or political right. Rights:

Example: “Call of the state” an exception? NO. citizens are obliged to 1. Liberty of abode – right to choose one’s residence and leave it
render some service. whenever one wishes or even change his residence.

Estrada v. Esquitor—SC has no decision, only discussed compelling 1. Right to choose one’s residence
2. Right to change one’s residence
state interest. Sol Gen is must show that there is an existing CSI. 3. Right to leave one’s residence whenever he pleases
Road Traffic law
NOTE: There should be a Compelling State Interest in order that
the court can interfere with Freedom of Religion. Watershed the govt restricts this as residence
Liberty of abode  Police power regulates this right.
Sec. 6, Article III “Lawful order of the court” – loses jurisdiction if one leaves the country
or exercises the right to travel.
The liberty of abode and of changing the same within the limits
prescribe by law shall be recognized except upon lawful order of - Defeats the purpose of the case.
the court. Neither shall the right to travel be impaired except in the
interest of national security, public safety or public health, subject Parole – complied with minimum years
to such limitations as may be provided by law.
Probation- 6 years and below
Basis: Sec. 18 p. 2 Article III

Constitutional Law II Notes from Atty. Pio Martin Borja’s class

Prepared by: Lydie Bonacua- JD1A
College of Law, Ateneo de Naga University