ARTICLE IIIARTICLE III

BILL OF RIGHTSBILL OF RIGHTS

BILL OF RIGHTSBILL OF RIGHTS

The declaration and enumeration of The declaration and enumeration of the person’s rights and privileges the person’s rights and privileges designed to protect against designed to protect against violations by the government or by violations by the government or by an individual &an individual &

to limit the powers of the State.to limit the powers of the State.

SECTION 1.SECTION 1. No person shall be No person shall be deprived of life, liberty, or property deprived of life, liberty, or property without due process of law, without due process of law,

nor shall any person be denied nor shall any person be denied

the equal protection of the laws.the equal protection of the laws.

2 ASPECTS OF DUE PROCESS OF 2 ASPECTS OF DUE PROCESS OF LAWLAW

1. PROCEDURAL DUE PROCESS1. PROCEDURAL DUE PROCESS

- method or manner by which the law - method or manner by which the law is enforcedis enforced

2. SUBSTANTIVE DUE PROCESS2. SUBSTANTIVE DUE PROCESS

- the law itself is fair, reasonable and - the law itself is fair, reasonable and justjust

EQUAL PROTECTION EQUAL PROTECTION OF THE LAWOF THE LAW

……all persons under like all persons under like circumstances and conditions both circumstances and conditions both

in the privileges conferred and in the privileges conferred and liabilities imposed should be treated liabilities imposed should be treated

alikealike

ICHONG vs. HERNANDEZICHONG vs. HERNANDEZ

FACTS: The legislature passed a law – R.A. No. FACTS: The legislature passed a law – R.A. No. 1180 entitled “An Act to Regulate the Retail 1180 entitled “An Act to Regulate the Retail Business” nationalizing the retail trade Business” nationalizing the retail trade business by prohibiting aliens and foreign business by prohibiting aliens and foreign corporations from engaging in the retail trade. corporations from engaging in the retail trade. Petitioner Ichong, on behalf of other alien Petitioner Ichong, on behalf of other alien residents, brought an action for judicial residents, brought an action for judicial declaration that R.A. No. 11 80 is declaration that R.A. No. 11 80 is unconstitutional for being violative of the unconstitutional for being violative of the equal protection clause and depriving them of equal protection clause and depriving them of their liberty and property without due process their liberty and property without due process of law.of law.

ISSUES: Whether or not R.A. No. 1180 violates ISSUES: Whether or not R.A. No. 1180 violates the ‘due process of law’ and equal protection the ‘due process of law’ and equal protection clause’clause’

HELD: There is no violation of due process of law. HELD: There is no violation of due process of law. R.A. No. 1180 was enacted to remedy a real R.A. No. 1180 was enacted to remedy a real actual threat and danger to the national actual threat and danger to the national economy posed by alien dominance and control economy posed by alien dominance and control of the retail business – the law is reasonable. of the retail business – the law is reasonable.

R.A. No. 1180 does not violate the equal R.A. No. 1180 does not violate the equal protection clause as there exist sufficient protection clause as there exist sufficient grounds for the distinction between alien and grounds for the distinction between alien and citizen in the exercise of the occupation – the citizen in the exercise of the occupation – the alien resident owes allegiance to the country of alien resident owes allegiance to the country of his birth. His stay here is for personal his birth. His stay here is for personal convenience. His gains and profits are not convenience. His gains and profits are not invested in industries that would help the invested in industries that would help the country’s economy and increase national country’s economy and increase national wealth.wealth.

DECS vs. SAN DIEGODECS vs. SAN DIEGO

FACTS: Mr. San Diego took the NMAT (National Medical FACTS: Mr. San Diego took the NMAT (National Medical Admission Test) three times and flunked it three Admission Test) three times and flunked it three times also. When he applied to take it again, the times also. When he applied to take it again, the DECS rejected his application on the basis of the DECS rejected his application on the basis of the MECS rule.MECS rule.

ISSUE: Whether or not MECS rule on the ‘3 flunk rule’ ISSUE: Whether or not MECS rule on the ‘3 flunk rule’ violates the equal protection clause.violates the equal protection clause.

HELD: No. A law does not have to operate with equal HELD: No. A law does not have to operate with equal force on all persons or things. In the present case, force on all persons or things. In the present case, there exists a substantial distinction between medical there exists a substantial distinction between medical students and other students who are not subjected to students and other students who are not subjected to the ‘3 flunk rule’. The medical profession directly the ‘3 flunk rule’. The medical profession directly affects the lives of the people. An accountant does affects the lives of the people. An accountant does not hold the same delicate responsibility.not hold the same delicate responsibility.

SECTION 2.SECTION 2. The right of the people The right of the people to be secure in their persons, to be secure in their persons, houses, papers, and effects houses, papers, and effects against unreasonable searches against unreasonable searches and seizures and seizures ofof whatever nature and whatever nature and for any purpose shall be inviolable, and for any purpose shall be inviolable, and no search warrant or warrant of arrest no search warrant or warrant of arrest shall issue except upon shall issue except upon probable causeprobable cause to be to be determined personally by the determined personally by the judgejudge after after examination under oath or examination under oath or affirmation of the complainant and the affirmation of the complainant and the witnesses he may producewitnesses he may produce, and , and particularly describing the place to be particularly describing the place to be searched and the persons or things to searched and the persons or things to be seizedbe seized..

““probable cause”probable cause”- such facts and circumstances - such facts and circumstances

sufficient to induce a cautious man to sufficient to induce a cautious man to believe that a crime believe that a crime

might have been committed.might have been committed.

SEARCH WARRANTSEARCH WARRANT

- an order in writing issued by the - an order in writing issued by the court commanding a peace officer to court commanding a peace officer to search for certain search for certain personal property.personal property.

WARRANT OF ARRESTWARRANT OF ARREST

- an order in writing issued by the - an order in writing issued by the court commanding a peace officer to court commanding a peace officer to arrest a arrest a person.person.

INSTANCES WHEN SEARCH MAY BE INSTANCES WHEN SEARCH MAY BE MADE WITHOUT A WARRANTMADE WITHOUT A WARRANT

1.1. There is a consent or waiverThere is a consent or waiver

2.2. Search is incidental to a lawful arrestSearch is incidental to a lawful arrest

3.3. When forfeited goods are being When forfeited goods are being transported by powerful ship or other transported by powerful ship or other automobilesautomobiles

4.4. Plain View DoctrinePlain View Doctrine

5.5. Inspection is in the exercise of Police Inspection is in the exercise of Police PowerPower

6.6. Searches made at the border or at the Searches made at the border or at the ports of entryports of entry

WHEN ARREST MAY BE MADE WHEN ARREST MAY BE MADE WITHOUT WARRANTWITHOUT WARRANT

1.1. When, in the presence of the arresting When, in the presence of the arresting officer, the person to be arrested officer, the person to be arrested has has committed, is actually committing or is committed, is actually committing or is attempting to commitattempting to commit an offense. an offense.

2.2. When an offense has in fact just been When an offense has in fact just been committed and the arresting officer has committed and the arresting officer has personal knowledge of the facts.personal knowledge of the facts.

3.3. When the person to be arrested is an When the person to be arrested is an escapee.escapee.

PADILLA vs. COURT OF APPEALSPADILLA vs. COURT OF APPEALS

FACTS: One night, in Angeles City, Manarang and his FACTS: One night, in Angeles City, Manarang and his compadre heard a screeching sound produced by compadre heard a screeching sound produced by the sudden and hard breaking of a vehicle running the sudden and hard breaking of a vehicle running very fast. Maranang went to the location of the very fast. Maranang went to the location of the accident and found out that the vehicle had hit accident and found out that the vehicle had hit somebody. He reported the incident to the police somebody. He reported the incident to the police who chased the vehicle which was cut and forced to who chased the vehicle which was cut and forced to stop in the Abacan bridge. The driver rolled down stop in the Abacan bridge. The driver rolled down the window and put his head out while raising both the window and put his head out while raising both hands. Because he was wearing a short leather hands. Because he was wearing a short leather jacket, a gun tucked on his waist was revealed. He jacket, a gun tucked on his waist was revealed. He was arrested and firearms were confiscated.was arrested and firearms were confiscated.

ISSUES: 1) Whether or not his warrantless arrest is ISSUES: 1) Whether or not his warrantless arrest is legal.legal.

HELD: 1) Yes. The warrantless arrest is legal. Padilla HELD: 1) Yes. The warrantless arrest is legal. Padilla was arrested after he has committed an offense – was arrested after he has committed an offense – hit and run – in the presence of the arresting hit and run – in the presence of the arresting person. “Presence” does not only require that the person. “Presence” does not only require that the arresting person sees the offense but also when he arresting person sees the offense but also when he hears the disturbance and proceed at once to the hears the disturbance and proceed at once to the scene.scene.

In fact, caught in the act with possession of In fact, caught in the act with possession of unlicensed firearm and ammunition is another unlicensed firearm and ammunition is another offense which Padilla is actually committing when offense which Padilla is actually committing when he was arrested.he was arrested.

ISSUES: 2) Whether or not the warrantless seizure of ISSUES: 2) Whether or not the warrantless seizure of firearms is legal. firearms is legal.

HELD: Yes. The seizure Padilla’s firearms falls under the HELD: Yes. The seizure Padilla’s firearms falls under the following instances for a warrantless seizure:following instances for a warrantless seizure:

*Plain View Doctrine – the revolver and magazine *Plain View Doctrine – the revolver and magazine were tucked in Padilla’s waist and pocket when he were tucked in Padilla’s waist and pocket when he raised his hands after alighting from pajero.raised his hands after alighting from pajero.

*Search incidental to a lawful arrest –searches were *Search incidental to a lawful arrest –searches were made during the commission of two offenses ( hit & made during the commission of two offenses ( hit & run and illegal possession of firearms)run and illegal possession of firearms)

SECTION 3.SECTION 3.

(1) The privacy of (1) The privacy of communication and correspondence communication and correspondence shall be inviolable shall be inviolable except upon lawful except upon lawful order of the court, or when public order of the court, or when public safety or order requires otherwise as safety or order requires otherwise as prescribed by law.prescribed by law.

(2)(2) Any evidence obtained in Any evidence obtained in violation of this or the preceding violation of this or the preceding section shall be inadmissible for any section shall be inadmissible for any purpose in any proceeding.purpose in any proceeding.

Gaanan vs. IACGaanan vs. IAC

FACTS:FACTS:During the telephone conversation between During the telephone conversation between

Atty. Pintor and Atty. Laconico regarding the Atty. Pintor and Atty. Laconico regarding the settlement of their case, Gaanan secretly listen to it settlement of their case, Gaanan secretly listen to it through a telephone extension as per instruction of through a telephone extension as per instruction of Atty. Laconico. Gaanan heard that Atty. Pintor Atty. Laconico. Gaanan heard that Atty. Pintor demanded P8,000 for the withdrawal of the case for demanded P8,000 for the withdrawal of the case for direct assault. For this ground, Atty. Pintor was direct assault. For this ground, Atty. Pintor was charged with the crime of robbery/extortion using charged with the crime of robbery/extortion using the testimony of Gaanan on the conversation as the testimony of Gaanan on the conversation as evidence.evidence.

Atty. Pintor argues that the telephone Atty. Pintor argues that the telephone conversation cannot be used as evidence for being conversation cannot be used as evidence for being violative of the Anti-Wiretapping Act (which prohibits violative of the Anti-Wiretapping Act (which prohibits a person from tapping any wire or cable by using a person from tapping any wire or cable by using other device to secretly overhear a communication.other device to secretly overhear a communication.

ISSUE: ISSUE: Whether or not listening to the private Whether or not listening to the private conversation on an extension line is a violation of conversation on an extension line is a violation of the Anti-Wire Tapping Act.the Anti-Wire Tapping Act.

HELD:HELD: No. The law refers to a tap of a wire or No. The law refers to a tap of a wire or use of a device for the purpose of secretly use of a device for the purpose of secretly overhearing, intercepting, recording the overhearing, intercepting, recording the communication. There must be physical communication. There must be physical interruption. Telephone extension was not interruption. Telephone extension was not installed for that purpose. It just happened to be installed for that purpose. It just happened to be there foe ordinary office use.there foe ordinary office use.

SECTION 4.SECTION 4. No law shall be passed No law shall be passed abridging the freedom of speech, of abridging the freedom of speech, of expression, or of the press, or the expression, or of the press, or the right of the people peaceably to right of the people peaceably to assemble and petition the assemble and petition the Government for redress of Government for redress of grievances.grievances.

((VIDEO ON FREEDOM OF EXPRESSION)VIDEO ON FREEDOM OF EXPRESSION)

ELEMENTSELEMENTS::

1.1. Freedom from Previous Freedom from Previous RestraintRestraint

2.2. Freedom from Subsequent Freedom from Subsequent PunishmentPunishment

EXCEPTIONEXCEPTION::

CLEAR & PRESENT DANGER RULECLEAR & PRESENT DANGER RULE

- abridgment of the liberty can - abridgment of the liberty can be justified only where there exists be justified only where there exists substantial danger that the speech substantial danger that the speech will likely lead to an evil which the will likely lead to an evil which the government has the right to government has the right to prevent. prevent.

Malabanan vs. RamentoMalabanan vs. Ramento

FACTS: FACTS: By virtue of the permit granted by By virtue of the permit granted by Gregorio Araneta University Foundation, officers of Gregorio Araneta University Foundation, officers of the Student Council held a general assembly at the the Student Council held a general assembly at the basketball court of the school. They manifested basketball court of the school. They manifested their opposition to the proposed merger of the their opposition to the proposed merger of the Institute of Animal Science with the Institute of Institute of Animal Science with the Institute of Agriculture. They marched toward the area which Agriculture. They marched toward the area which is outside the coverage of the permit. As a result, is outside the coverage of the permit. As a result, classes were disturbed, work of the non-academic classes were disturbed, work of the non-academic personnel were stopped because of the noise personnel were stopped because of the noise created. The school imposed the penalty of 1 year created. The school imposed the penalty of 1 year suspension for holding an illegal assembly.suspension for holding an illegal assembly.

ISSUE:ISSUE: Whether or not such act of the school is a Whether or not such act of the school is a violation of freedom of speech and right to violation of freedom of speech and right to assemble.assemble.

HELD:HELD: Yes. Student leaders would be Yes. Student leaders would be ineffective if they speak in the guarded language. ineffective if they speak in the guarded language. Audience may give the speakers the benefit of Audience may give the speakers the benefit of their applause, but with the activity taking place their applause, but with the activity taking place in the school premises during daytime, no clear in the school premises during daytime, no clear and present danger of public is discernible.and present danger of public is discernible.

Ayer Production vs. CapulongAyer Production vs. Capulong

FACTS: Ayer Productions, a movie production company, FACTS: Ayer Productions, a movie production company, proposed a motion picture entitled “Four Day proposed a motion picture entitled “Four Day Revolution” (documentary film) which is a reenactment Revolution” (documentary film) which is a reenactment of the events that made possible the EDSA Revolution of the events that made possible the EDSA Revolution where Juan Ponce Enrile played a major role. Pending where Juan Ponce Enrile played a major role. Pending the shooting, Enrile filed a complaint with TRO seeking the shooting, Enrile filed a complaint with TRO seeking to stop Ayer Production from producing the movie for to stop Ayer Production from producing the movie for being violative of his right of privacy. The court issued being violative of his right of privacy. The court issued the TRO.the TRO.

On the other hand, Ayer Production claim that On the other hand, Ayer Production claim that the filming of the motion picture is just an exercise of the filming of the motion picture is just an exercise of their freedom of speech and expression.their freedom of speech and expression.

ISSUES: 1.) whether or not Enrile’s right of privacy is ISSUES: 1.) whether or not Enrile’s right of privacy is violatedviolated

2.) whether or not Ayer Production’s freedom 2.) whether or not Ayer Production’s freedom of of speech and expression is violatedspeech and expression is violated

HELD: 1.) No. Right of privacy cannot be invoked to HELD: 1.) No. Right of privacy cannot be invoked to resist publication of matters of public interest. Such resist publication of matters of public interest. Such right is the right to free from the wrongful right is the right to free from the wrongful publicizing of the private matters and affairs of an publicizing of the private matters and affairs of an individual which are outside the parameters of individual which are outside the parameters of legitimate public concern. The film relates to a legitimate public concern. The film relates to a highly critical stage in the history of this country highly critical stage in the history of this country and as such , must be regarded as having passed and as such , must be regarded as having passed into the public domain and as an appropriate into the public domain and as an appropriate subject for speech and expression and coverage by subject for speech and expression and coverage by any form of mass media. The film is not all about any form of mass media. The film is not all about Enrile. Enrile.

2.) Yes. The issuance of TRO by the court is a ‘prior 2.) Yes. The issuance of TRO by the court is a ‘prior restraint’ from filming and producing the entire restraint’ from filming and producing the entire motion picture. No one knew yet what the motion picture. No one knew yet what the completed film would look like , therefore, no clear completed film would look like , therefore, no clear and present danger is present.and present danger is present.

People vs. KottingerPeople vs. Kottinger

FACTS: Camera Supply Co., managed by Kottinger, FACTS: Camera Supply Co., managed by Kottinger, was raided . The authorities confiscated the post was raided . The authorities confiscated the post cards (portraying the inhabitants of the country in cards (portraying the inhabitants of the country in native dress as they appear and can be seen in the native dress as they appear and can be seen in the regions in which they live) for being obscene and regions in which they live) for being obscene and indecent publications.indecent publications.

ISSUE: whether or not such postcards are obscene or ISSUE: whether or not such postcards are obscene or indecentindecent

HELD: No. Obscene ordinarily means something which HELD: No. Obscene ordinarily means something which is offensive to chastity; something that is foul, is offensive to chastity; something that is foul, offensive to pure minded persons. The photos in offensive to pure minded persons. The photos in question merely depict persons as they actually live, question merely depict persons as they actually live, without attempted presentation of persons in without attempted presentation of persons in unusual dress. The moral sense of the people in the unusual dress. The moral sense of the people in the Philippines would not be shocked by photographs of Philippines would not be shocked by photographs of this type.this type.

SECTION 5.SECTION 5. No law shall be made No law shall be made respecting an establishment of respecting an establishment of religion, or prohibiting the free religion, or prohibiting the free exercise thereof. The free exercise exercise thereof. The free exercise and enjoyment of religious and enjoyment of religious profession and worship, without profession and worship, without discrimination or preference, shall discrimination or preference, shall forever be allowed. No religious test forever be allowed. No religious test shall be required for the exercise of shall be required for the exercise of civil or political rights.civil or political rights.

((VIDEO OM RELIGIOUS FREEDOM)VIDEO OM RELIGIOUS FREEDOM)

RELIGIOUS FREEDOMRELIGIOUS FREEDOM

- right to worship and to entertain - right to worship and to entertain such religious views without dictation such religious views without dictation or interference by any personor interference by any person

2 ASPECTS OF RELIGIOUS 2 ASPECTS OF RELIGIOUS PROFESSION & WORSHIPPROFESSION & WORSHIP

1. Freedom to believe (absolute)1. Freedom to believe (absolute)

2. Freedom to act in accordance with 2. Freedom to act in accordance with such belief (limited)such belief (limited)

American Bible Society vs. City of ManilaAmerican Bible Society vs. City of Manila

FACTS: ABS, a missionary corporation, has been selling FACTS: ABS, a missionary corporation, has been selling bibles and other religious materials until the City of bibles and other religious materials until the City of manila informed them that it was conducting the manila informed them that it was conducting the business of general merchandise without mayor’s business of general merchandise without mayor’s permit and municipal license, hence, a violation of an permit and municipal license, hence, a violation of an ordinance. To avoid the closing of its business, ABS ordinance. To avoid the closing of its business, ABS paid under protest the said permit and license fee paid under protest the said permit and license fee arguing that it is not engaged in the business of arguing that it is not engaged in the business of general merchandise but is just exercising its right to general merchandise but is just exercising its right to religion and it never made any profit from the sale of religion and it never made any profit from the sale of its bibles.its bibles.

ISSUE : whether or not right to religion of ABS is ISSUE : whether or not right to religion of ABS is violated when City of Manila required it to pay license violated when City of Manila required it to pay license fees .fees .

HELD: Yes. ABS does not engaged in the business HELD: Yes. ABS does not engaged in the business of selling merchandise for profit. Imposition of of selling merchandise for profit. Imposition of license fee would impair its free exercise of license fee would impair its free exercise of religious profession and worship, as well as, its religious profession and worship, as well as, its right to disseminate religious beliefs.right to disseminate religious beliefs.

SECTION 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall

the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.

Manotoc, Jr. vs. Court of AppealsManotoc, Jr. vs. Court of Appeals

FACTS: FACTS: Manotoc, Jr. and other stockholders of Manotoc, Jr. and other stockholders of Manotoc Securities, Inc. filed a petition with the Manotoc Securities, Inc. filed a petition with the Securities and Exchange Commission (SEC) a Securities and Exchange Commission (SEC) a petition for the appointment of a management petition for the appointment of a management committee. Because of the fake document committee. Because of the fake document submitted by Manotoc, Jr. to SEC, a criminal case submitted by Manotoc, Jr. to SEC, a criminal case for estafa was filed. Pending disposition, SEC for estafa was filed. Pending disposition, SEC requested the Bureau of Immigration to issue a requested the Bureau of Immigration to issue a Hold Departure Order (HDO) against him. Hold Departure Order (HDO) against him. Manotoc, Jr. filed before the court a Motion for Manotoc, Jr. filed before the court a Motion for permission to leave the country stating his ground permission to leave the country stating his ground his desire to go to the U.S. relative to his business his desire to go to the U.S. relative to his business transactions invoking his right to travel.transactions invoking his right to travel.

ISSUE: ISSUE: Whether or not Manotoc, Jr., facing a Whether or not Manotoc, Jr., facing a criminal charges has an absolute right to travel.criminal charges has an absolute right to travel.

HELD:HELD: No. Under Section 6 of Article III, right No. Under Section 6 of Article III, right to travel may be impaired upon lawful order of the to travel may be impaired upon lawful order of the court. If accused would be allowed to leave the court. If accused would be allowed to leave the Philippines without sufficient reasons, he may be Philippines without sufficient reasons, he may be placed beyond the reach of the courts.placed beyond the reach of the courts.

SECTION 7.SECTION 7. The The rightright of the people of the people to information on matters of public to information on matters of public concernconcern shall be recognized. shall be recognized. Access to official records, and to Access to official records, and to documents, and papers pertaining documents, and papers pertaining to official acts, transactions, or to official acts, transactions, or decisions, as well as to decisions, as well as to government research data used as government research data used as basis for policy development, shall basis for policy development, shall be afforded the citizen, be afforded the citizen, subject subject to such limitations as may be to such limitations as may be provided by lawprovided by law..

SECTION 8.SECTION 8. The The rightright of the of the people, including those people, including those employed in the public and employed in the public and private sectors, private sectors, to formto form unions, unions, associations, or societiesassociations, or societies for for purposes not purposes not contrary to lawcontrary to law shall not be abridged.shall not be abridged.

SECTION 9.SECTION 9. Private property Private property shall not be taken for public use shall not be taken for public use without just compensation.without just compensation.

3 INHERENT/ESSENTIAL 3 INHERENT/ESSENTIAL POWERS OF THE GOV’T.POWERS OF THE GOV’T.

1. POLICE POWER1. POLICE POWER - power to regulate the use of liberty & property for - power to regulate the use of liberty & property for

the promotion of public health, public morals, public the promotion of public health, public morals, public safety, and the general welfare and convenience of safety, and the general welfare and convenience of the people. the people.

2. EMINENT DOMAIN2. EMINENT DOMAIN - power to take private property- power to take private property for public usefor public use upon payment of just compensation upon payment of just compensation

3. TAXATION3. TAXATION - power to impose charge on persons/properties- power to impose charge on persons/properties for the support of the governmentfor the support of the government

SIMILARITIES of the STATE’S INHERENT POWERSSIMILARITIES of the STATE’S INHERENT POWERS

1.1. They all rest upon necessity because They all rest upon necessity because there can be no effective government there can be no effective government without them.without them.

2.2. They are inherent in sovereignty, hence, They are inherent in sovereignty, hence, they can be exercised even without being they can be exercised even without being expressly granted in the Constitution.expressly granted in the Constitution.

3.3. They are ways by which the State They are ways by which the State interferes with private rights and interferes with private rights and property.property.

DISTINCTIONS AMONG THE THREE POWERSDISTINCTIONS AMONG THE THREE POWERS

As to authority which exercises the power As to authority which exercises the power

POLICE POWER is exercised only by the government.POLICE POWER is exercised only by the government.

EMINENT DOMAIN may be granted to public service EMINENT DOMAIN may be granted to public service companies.companies.

TAX’N POWER is exercised only by the government.TAX’N POWER is exercised only by the government.

As to purpose As to purpose

POLICE POWER, property is taken or destroyed for the POLICE POWER, property is taken or destroyed for the purpose purpose of promoting general welfare.of promoting general welfare.

EMINENT DOMAIN, property is taken for public use.EMINENT DOMAIN, property is taken for public use.

TAX’N POWER, property is taken for the support of the gov’t.TAX’N POWER, property is taken for the support of the gov’t.

DISTINCTIONS AMONG THE THREE POWERSDISTINCTIONS AMONG THE THREE POWERS

As to effect As to effect

POLICE POWER, there is a restraint in the injurious use POLICE POWER, there is a restraint in the injurious use property property

EMINENT DOMAIN, there is transfer of the right to EMINENT DOMAIN, there is transfer of the right to property property

TAX’N POWER, the money contributed becomes part of TAX’N POWER, the money contributed becomes part of public fundspublic funds

As to persons affectedAs to persons affected

POLICE POWER, operates upon a communityPOLICE POWER, operates upon a communityEMINENT DOMAIN, operates on an individual as the EMINENT DOMAIN, operates on an individual as the

owner of a particular propertyowner of a particular propertyTAX’N POWER, operates upon a community or a class of TAX’N POWER, operates upon a community or a class of

individualsindividuals

DECS vs. SAN DIEGODECS vs. SAN DIEGO

FACTS: Mr. San Diego took the NMAT (National Medical FACTS: Mr. San Diego took the NMAT (National Medical Admission Test) three times and flunked it three times Admission Test) three times and flunked it three times also. When he applied to take it again, the DECS also. When he applied to take it again, the DECS rejected his application on the basis of the DECS rule.rejected his application on the basis of the DECS rule.

ISSUE: Whether or not DECS rule on the ‘3 flunk rule’ is ISSUE: Whether or not DECS rule on the ‘3 flunk rule’ is within the police power of the state.within the police power of the state.

HELD: Yes. The subject of the challenged regulation is HELD: Yes. The subject of the challenged regulation is certainty within the ambit of the police power. It is the certainty within the ambit of the police power. It is the right and responsibility of the State to insure that the right and responsibility of the State to insure that the medical profession is not infiltrated by incompetents medical profession is not infiltrated by incompetents to whom patients may entrust their lives and health. to whom patients may entrust their lives and health. While every person is entitled to aspire to be a doctor, While every person is entitled to aspire to be a doctor, he does not have a constitutional right to be a doctor. he does not have a constitutional right to be a doctor. This is true in any other calling in which the “public This is true in any other calling in which the “public interest” is involved.interest” is involved.

City Government of Quezon City vs. ErictaCity Government of Quezon City vs. Ericta

FACTS: Quezon City government passed an Ordinance which FACTS: Quezon City government passed an Ordinance which provides that at least 60% of the total area of the memorial provides that at least 60% of the total area of the memorial park cemetery shall be set aside for charity burial of park cemetery shall be set aside for charity burial of deceased persons who are paupers. Himlayang Pilipino deceased persons who are paupers. Himlayang Pilipino reacted, seeking to annul the ordinance because such is a reacted, seeking to annul the ordinance because such is a taking of property as it restricts the use of the property and taking of property as it restricts the use of the property and deprives the owner of all beneficial use of its property.deprives the owner of all beneficial use of its property.

Quezon City government argues that the taking of the Quezon City government argues that the taking of the Himlayang Pilipino property is an exercise of police power Himlayang Pilipino property is an exercise of police power and that the land is taken for a public use – burial ground of and that the land is taken for a public use – burial ground of paupers.paupers.

ISSUE: Is the ordinance an exercise of police power or ISSUE: Is the ordinance an exercise of police power or eminent domain.eminent domain.

HELD: Eminent domain. The ordinance is actually a HELD: Eminent domain. The ordinance is actually a taking without compensation of a certain area taking without compensation of a certain area from a private cemetery to benefit paupers. from a private cemetery to benefit paupers. Instead of building or maintaining a public Instead of building or maintaining a public cemetery for this purpose, the city passes the cemetery for this purpose, the city passes the burden to private cemeteries.burden to private cemeteries.

SECTION 10.SECTION 10. No law No law impairing the obligation of impairing the obligation of contracts shall be passedcontracts shall be passed..

Obligation of a ContractObligation of a Contractis the law which binds the parties is the law which binds the parties

to perform their agreement according to perform their agreement according to its terms provided it is not contrary to its terms provided it is not contrary to law, morals, good customs, public to law, morals, good customs, public order or public policy.order or public policy.

Purpose of non-impairmentPurpose of non-impairmentis to protect the creditors, to is to protect the creditors, to

assure fulfillment of lawful promises. assure fulfillment of lawful promises. Business problems would arise if Business problems would arise if contracts are not stable and binding.contracts are not stable and binding.

CONSTITUTIONAL CONSTITUTIONAL RIGHTS OF THE RIGHTS OF THE

ACCUSED IN ACCUSED IN

CRIMINAL CASESCRIMINAL CASES

Article III, Section 11 to 22Article III, Section 11 to 22

SECTION 11.SECTION 11. Free access to the courts Free access to the courts and quasi-judicial bodies and adequate and quasi-judicial bodies and adequate legal assistance shall not be denied to legal assistance shall not be denied to any person by reason of poverty.any person by reason of poverty.

Reasons for constitutional safeguards:Reasons for constitutional safeguards:

1. A criminal case, an unequal 1. A criminal case, an unequal contest.contest.

Every criminal case is a contest Every criminal case is a contest between an individual and the between an individual and the government, thus, an unequal government, thus, an unequal contest because the parties are of contest because the parties are of unequal strength. To remedy the unequal strength. To remedy the imbalance, the Constitution gives imbalance, the Constitution gives the accused several rights.the accused several rights.

Reasons for constitutional safeguards:Reasons for constitutional safeguards:

2. Criminal accusation, a very 2. Criminal accusation, a very serious matter.serious matter.

A man, accused of having committed A man, accused of having committed a crime, may lose his job or ruin his a crime, may lose his job or ruin his life, and therefore, he needs all life, and therefore, he needs all possible opportunities to establish his possible opportunities to establish his innocence.innocence.

Reasons for constitutional safeguards:Reasons for constitutional safeguards:

3. Protection of innocent, the 3. Protection of innocent, the underlying principleunderlying principle

The purpose is to assure that truth The purpose is to assure that truth will be discovered and that justice will will be discovered and that justice will be done. Under the Constitution, the be done. Under the Constitution, the acquittal of the innocent is given acquittal of the innocent is given preference than conviction of the preference than conviction of the criminal.criminal.

SECTION 12.SECTION 12. (1) Any person (1) Any person under under investigationinvestigation for the commission for the commission of an offense shall have the right of an offense shall have the right to be informed of his right to be informed of his right to to remain silentremain silent and and to have to have competent and independent competent and independent counselcounsel preferably of his own preferably of his own choice. If the person cannot afford choice. If the person cannot afford the services of counsel, he must be the services of counsel, he must be provided with one. provided with one. These rights These rights cannot be waived except in cannot be waived except in writing and in the presence of writing and in the presence of counsel.counsel.

(2)(2) No torture, force, violence, No torture, force, violence, threat, intimidation, or any other threat, intimidation, or any other means which vitiate the free willmeans which vitiate the free will shall shall be used against him. be used against him. Secret Secret detention places, solitary, detention places, solitary, incommunicado, or other similar incommunicado, or other similar forms of detentionforms of detention are prohibited. are prohibited.

(3)(3) Any confession or admission Any confession or admission obtained in violation of this or obtained in violation of this or Section 17 hereof shall be Section 17 hereof shall be inadmissibleinadmissible in evidence against in evidence against him.him.

SECTION 13.SECTION 13. All persons, All persons, except those charged with except those charged with offenses punishable by reclusion offenses punishable by reclusion perpetua when evidence of guilt perpetua when evidence of guilt is strong, shall, before conviction, is strong, shall, before conviction, be be bailbailable by sufficient sureties, able by sufficient sureties, or be released on recognizance or be released on recognizance as may be provided by law. as may be provided by law.

Meaning of “BAIL”:Meaning of “BAIL”: security (cash, security (cash, property, recognizance) required by a court & property, recognizance) required by a court & given for the temporary release of a person given for the temporary release of a person under the custody of the lawunder the custody of the law conditioned conditioned upon his appearance before any court.upon his appearance before any court.

Exception: Exception: those charged with offenses those charged with offenses punishable by “punishable by “reclusion perpetua”reclusion perpetua” (imprisonment for 20 years or more) when (imprisonment for 20 years or more) when evidence of guilt is strong (conduct a evidence of guilt is strong (conduct a hearing).hearing).

NOTE:NOTE: After the finality of judgment, no bail After the finality of judgment, no bail shall be allowed.shall be allowed.

SECTION 14.SECTION 14. (1) No person shall be held (1) No person shall be held to answer for a criminal offense without to answer for a criminal offense without due process of law.due process of law.

(2) In all criminal prosecutions, the (2) In all criminal prosecutions, the accused shall be accused shall be presumed innocentpresumed innocent until the contrary is proved, and shall until the contrary is proved, and shall enjoy the enjoy the right to be heardright to be heard by himself by himself and counsel, and counsel, to be informed of the to be informed of the nature and cause of the accusation nature and cause of the accusation against himagainst him, , to have a speedy, to have a speedy, impartial, and public trialimpartial, and public trial, , to meet the to meet the witnesses face to facewitnesses face to face, and , and to have to have compulsory processcompulsory process to secure the to secure the attendance of witnesses and the attendance of witnesses and the production of evidence in his behalf.production of evidence in his behalf.

However, after arraignment, trial may However, after arraignment, trial may proceed notwithstanding the proceed notwithstanding the absence of the accused provided that absence of the accused provided that he has been duly notified and his he has been duly notified and his failure to appear is unjustifiable.failure to appear is unjustifiable.

Rights of accused during trialRights of accused during trial

1. To be presumed innocent1. To be presumed innocent

unless proven “unless proven “guilty beyond guilty beyond reasonable doubt”reasonable doubt” ( amount of ( amount of evidence required to convict a evidence required to convict a person)person)

burden of proof is upon the burden of proof is upon the prosecutionprosecution

it is better to acquit a person upon it is better to acquit a person upon the ground of reasonable doubt even the ground of reasonable doubt even though he may in reality be guilty though he may in reality be guilty than to inflict imprisonment on one than to inflict imprisonment on one who may be innocent.who may be innocent.

2.2.To be heard by himself and counselTo be heard by himself and counsel

from the arraignment to the promulgation from the arraignment to the promulgation of judgment.of judgment.

“ “ARRAIGNMENT”ARRAIGNMENT” - copy of the - copy of the complaint is complaint is being read in the language or being read in the language or dialect dialect known to him, asking him known to him, asking him whether he whether he pleads guilty or not guilty.pleads guilty or not guilty.

- it is at this stage that the accused - it is at this stage that the accused for the for the first time is granted the first time is granted the opportunity to opportunity to know the precise charge know the precise charge that confronts him.that confronts him.

EXCEPTION: “TRIAL IN ABSENTIA”EXCEPTION: “TRIAL IN ABSENTIA”

3.3. To be informed of the nature and To be informed of the nature and cause of the accusation against himcause of the accusation against him

so as to enable him to prepare his so as to enable him to prepare his defense.defense.

4. 4. To have a speedy, impartial and public To have a speedy, impartial and public trial.trial.

Speedy trialSpeedy trial – – is a trial that can be has is a trial that can be has as as soon as possible, after a person is soon as possible, after a person is indicted indicted and within such time as the and within such time as the prosecution prosecution within reasonable diligence within reasonable diligence could prepare could prepare for it.for it.

Impartial trialImpartial trial – – implies an absence of implies an absence of bias bias in the trial of cases.in the trial of cases.

Public trialPublic trial - - should permit anyone who should permit anyone who wishes to attend hearings except in wishes to attend hearings except in

certain certain cases.cases.

5. 5. To meet the witnesses face to faceTo meet the witnesses face to face

to cross examine the witnesses to cross examine the witnesses and to test their recollection and and to test their recollection and veracityveracity

to give the judge an opportunity to to give the judge an opportunity to see the demeanor and appearance see the demeanor and appearance of witnesses while testfyingof witnesses while testfying

6. 6. Compulsory production of witnesses Compulsory production of witnesses and evidenceand evidence

““SUBPOENA”SUBPOENA” - an order that - an order that may be issued by the court to compel may be issued by the court to compel the attendance of witnesses in order the attendance of witnesses in order to testify in behalf of the accused.to testify in behalf of the accused.

SECTION 15.SECTION 15. The privilege of The privilege of the writ of habeas corpus shall the writ of habeas corpus shall not be suspended except in not be suspended except in cases of invasion or rebellion cases of invasion or rebellion when the public safety requires when the public safety requires it.it.

Meaning of “WRIT OF HABEAS Meaning of “WRIT OF HABEAS CORPUS”CORPUS”a court order directing a person a court order directing a person detaining another, commanding him to detaining another, commanding him to produce the body of the prisoner and produce the body of the prisoner and show sufficient cause for holding in show sufficient cause for holding in custody the person detained.custody the person detained.

Purpose: Purpose: to inquire the manner of restraint or to inquire the manner of restraint or

detention and to relieve the person if detention and to relieve the person if such restraint is illegal.such restraint is illegal.

Procedure:Procedure:

1.1. Prisoner files a petition to the proper Prisoner files a petition to the proper court.court.

2.2. Court issues the writ.Court issues the writ.3.3. Writ is sent to the custodian.Writ is sent to the custodian.4.4. Custodian produces the prisoner in Custodian produces the prisoner in

court explaining the cause of court explaining the cause of detention.detention.

5.5. Judge decides whether detention is Judge decides whether detention is legal or not. legal or not.

SECTION 16.SECTION 16. All persons shall All persons shall have the right to a speedy have the right to a speedy disposition of their cases before disposition of their cases before all judicial, quasi-judicial, or all judicial, quasi-judicial, or administrative bodies.administrative bodies.

SECTION 17.SECTION 17. No person shall No person shall be compelled to be a witness be compelled to be a witness against himself.against himself.

Section 17 of Article III is known as the Section 17 of Article III is known as the “RIGHT AGAINST SELF “RIGHT AGAINST SELF INCRIMINATION”INCRIMINATION”

what is being protected here is the so what is being protected here is the so called called TESTIMONIAL SELF-TESTIMONIAL SELF-INCRIMINATIONINCRIMINATION only which means only which means getting the evidence or testimony from getting the evidence or testimony from the accused’ own lips or from the the accused’ own lips or from the accused’ handwriting.accused’ handwriting.

SECTION 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations.

(2) No involuntary servitude in any from shall exist except as punishment for a crime whereof the party shall have been duly convicted.

Meaning of “INVOLUNTARY Meaning of “INVOLUNTARY SERVITUDE”:SERVITUDE”:

a compulsory service of one to a compulsory service of one to another.another.

Purpose of prohibition:Purpose of prohibition:

human dignity is not a human dignity is not a merchandise for merchandise for commercial barters. commercial barters.

SECTION 19.SECTION 19. (1) Excessive fines (1) Excessive fines shall not be imposed, nor cruel, shall not be imposed, nor cruel, degrading or inhuman punishment degrading or inhuman punishment inflicted. inflicted.

Neither shall the death penalty be Neither shall the death penalty be imposed, unless, for compelling imposed, unless, for compelling reasons involving heinous crimes, the reasons involving heinous crimes, the Congress hereafter provides for it. Any Congress hereafter provides for it. Any death penalty already imposed shall death penalty already imposed shall be reduced to reclusion perpetua.be reduced to reclusion perpetua.

““HEINOUS CRIMES”HEINOUS CRIMES”

- offenses that are exceedingly bad - offenses that are exceedingly bad or evil or those committed with or evil or those committed with extreme cruelty as to shock the extreme cruelty as to shock the general moral sense such as rape, general moral sense such as rape, parricide, murder, robbery with parricide, murder, robbery with homicide.homicide.

SECTION 20.SECTION 20. No person No person shall be imprisoned for debt shall be imprisoned for debt or non-payment of a poll tax.or non-payment of a poll tax.

SECTION 21.SECTION 21. No person shall No person shall be twice put in jeopardy of be twice put in jeopardy of punishment for the same offense. punishment for the same offense. If an act is punished by a law and If an act is punished by a law and an ordinance, conviction or an ordinance, conviction or acquittal under either shall acquittal under either shall constitute a bar to another constitute a bar to another prosecution for the same act.prosecution for the same act.

Meaning of “DOUBLE JEOPARDY”Meaning of “DOUBLE JEOPARDY”

when a person is charged with an when a person is charged with an offense and the case is terminated by offense and the case is terminated by acquittal or conviction, he will be acquittal or conviction, he will be charged again with the same offense.charged again with the same offense.

Purpose of Purpose of Right Against Double Right Against Double Jeopardy:Jeopardy:

protection against the perils of a second protection against the perils of a second punishment, as well as, a second trial for punishment, as well as, a second trial for the same offense.the same offense.

SECTION 22.SECTION 22. No ex post facto No ex post facto law or bill of attainder shall be law or bill of attainder shall be enacted.enacted.

““EX POST FACTO LAW”EX POST FACTO LAW”

one which, operating retrospectively, one which, operating retrospectively, deprives the accused of some deprives the accused of some protection or defense previously protection or defense previously available, to their disadvantage.available, to their disadvantage.

““BILL OF ATTAINDER”BILL OF ATTAINDER”

inflicts punishment without judicial inflicts punishment without judicial trial, thus, a violation of due process trial, thus, a violation of due process of law.of law.

THANK YOUTHANK YOU

THE ENDTHE END