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  • CONSTITUTIONAL LAW II

    Justice Oswaldo D. Agcaoili

    NATURE OF THE CONSTITUTION

    Amendment or revision

    Santiago v. COMELEC, G.R. No. 127325, March '19, 1997 and (Resolution) June 10, 1997; 270 SCRA 106. Need for implementing provisions.

    Lambino v. COMELEC, G.R. No. 174153, Oct. 25, 2006. People's initiative to propose amendments; amendment and revision distinguished.

    Taada v. Cuenco, G.R. No. L-10520, Feb. 28, 1957. Amendments subject to judicial review.

    CONSTITUTION AND THE COURTS

    Requisites of judicial inquiry

    Funa v. Manila Economic and Cultural Office, G.R. No. 193462, Feb. 4, 2014. Requisites of judicial inquiry.

    Garcillano v. House of Representatives and Agcaoili v. Senate, G.R. No. 170338 & 179275, Dec. 23. 2008. Requisites of judicial inquiry.

    Arigo v. Swift, G.R. No. 206510, Sept. 16, 2014. Locus standi.

    Disinin v. Sec. of Justice, G.R. No. 203335, Feb. 18, 2014. Cybercrime law, requisites of

    judicial inquiry.

    Laurel v. Civil Service Commission, G.R. No. 183591, Oct. 14, 2008. Citizen's suit.

    Araullo v. Aquino, G.R. No. 209287, July 1, 2014. Exercise of judicial review despite

    the cases being rendered moot and academic by supervening events: (1) when there was a

    grave violation of the Constitution; (2) when the case involved a situation of exceptional

    character and was of paramount public interest; (3) when the constitutional issue raised

    required the formulation of controlling principles to guide the Bench, the Bar and the

    public; and (4) when the case was capable of repetition yet evading review.

    Imbong v. Ochoa, G.R. No. 204819, April 8, 2014. R.A. No. 10354 (Responsible

    Parenthood and Reproductive Health Act of 201 2) declared not unconstitutional except

    for some provisions. Concept of locus standi.

    Gonzales v. Office of the President, G.R. No. 196231, Jan. 28, 2014. Requisites of judicial inquiry; principle of checks and balances.

    Dumlao v. Commission on Elections, G.R. No. L-52245, Jan. 22, 1980. Requisites of

  • 2

    judicial inquiry.

    Phil. Assoc. of Colleges and Universities, G.R. No. L-5279, Oct. 31, 1995, 97 Phil. 106. When question of constitutionality may be raised.

    Kilosbayan v. Morato, G.R. No. 118910, July 17, 1995, and (Resolution) Nov. 16, 1995. Standing to sue.

    Laurel v. Civil Service Commission, G.R. No. 183591, Oct. 14, 2008, 203 SCRA 195. Citizen's suit.

    Bayan v. Zamora, G.R. No. 138570, Oct. 10, 2000, 342 SCRA 449. Locus standi.

    David v. Macapagal-Arroyo, G.R. No. 171396, May 3, 2006, 489 SCRA 160. Moot and academic principle.

    Oposa v. Factora n, G.R. No. 101083, July 30, 1993, 224 SCRA 792. Locus standi, right to a balanced and healthful ecology.

    Legaspi v. Civil Service Commission, G.R. No. 72119, May 29, 1987, 150 SCRA 530. Right to information.

    Lim v. Executive Secretary, G.R. No. 151445, April 11, 2002, 380 SCRA 739. Doctrine of locus standi relaxed.

    Estrada v. Desierto, G.R. No. 146710, March 2, 2001, 353 SCRA 442. Expanded power of judicial review.

    Sanlakas v. Reyes, G.R. No. 159085, Feb. 3, 2004, 421 SCRA 656. Moot and academic.

    Francisco v. House of Representatives, G.R. No. 160261, Nov. 10, 2003, 415 SCRA 44. Taxpayers suit.

    Lozano v. Nograles, G.R. No. 187883, June 16, 2009. Case or controversy requirement

    Funa v. Ermita, G.R. No. 184740, Feb. 11, 2010. Standing, constitutional issues, issues of transcendental importance.

    Macalintal v. PET, G.R. No. 191618, No. 23, 2010. Failure to raise a seasonable constitutional challenge.

    De Castro v. Judicial and Ba r Council, G.R. No. 191002, March 17, 2010. Locus standi being a mere procedural technicality can be waived.

    Zandueta v. De la Costa, G.R. No. 46267, Nov. 28, 1938. Estoppel.

    Effects of declaration of unconstitutionality

    Norton v. Shelby, 118 US 425. Unconstitutional act not a law.

    In re: Cunanan, 94 Phil. 534. Reducing passing average in the Bar.

    Tijam v. Sibonghanoy, G.R. No. L-21450, April 15, 1968. Estoppel, laches.

    Republic v. Bantigue Point, G.R. No. 162322, March 14, 2012. Exception to Tijam v. Sibonghanoy.

  • 3

    POLICE POWER

    Tests for valid exercise of police power

    People v. Calantiao, G.R. No. 203984, June 18, 2014. A warrantless search and seizure incident to a lawful arrest is a reasonable exercise of the State's police power to protect (1)

    law enforcers from the injury and (2) evidence from being destroyed by the arrestee.

    Smart Communications v. Muncipality of Malvar, G.R. No. 204429, Feb. 18, 2014. Ordinance No. 18 does not encroach on NTC's regulatory powers.

    Remnan Enterprises v. Professional Regulatory Board, G.R. No. 197676, Feb. 4, 2014. The regulation of the practice of real estate services is consistent with a valid exercise of

    the State's police power.

    Churchill v. Rafferty, G.R. No. 10572, Dec. 21, 1915, 32 Phil. 580. Indiscriminate use of outdoor advertising may be regulated.

    Taxicab Operators v. Board of Transportation, 119 SCRA 597. Old taxis may be phased out.

    Velasco v. Villegas, G.R. No. L-24153. Feb. 14, 1983, 120 SCRA 588. Ordinance prohibits any operator of barbershop to conduct the business of massaging customers in

    any adjacent room to forestall possible immorality.

    Bautista v. Juinio, G.R. No. L-50908. Jan. 31, 1984, 127 SCRA 329. LOI restricting the use of heavy vehicles during stated days and hours as a fuel-saving measure is justified

    under the police power.

    Tablarin v. Gutierrez, 152 SCRA 730. The NMAT as a measure intended to limit the

    admission to i11edical schools only to those who have initially proved their competence

    and preparation for a medical education is a valid police power measure. (See also DECS

    v. San Diego, G.R. No. 89572. Dec. 21 , 1989, 180 SCRA 533)

    Del Rosario v. Bengzon, G.R. No. 88265, Dec. 21, 1989, 180 SCRA 521. The Generics Act implements the constitutional mandate for the State "to protect and promote the ri ght

    to health of the people" and "to make essential goods, health and other social services

    available to all the people at affordable cost."

    KMU v. Director General-NEDA, G.R. No. 167798, April 19, 2006. Adoption of a

    unified multi-purpose ID system for the government within the power of the President to

    promulgate, to reduce costs, increase efficiency, and in general, improve public services.

    (Compare with Opie v. Torres, G.R. No. 127685 , July 23, 1998, 293 SCRA 141)

    Fernando v. St. Scholasticas College, G.R. No. 161107, March 12, 2013. Test of a valid ordinance: (1) must not contravene the Constitution or any statute; (2) must not be unfair or

    oppressive; (3) must not be partial or discriminatory; (4) must not prohibit but may

    regulate trade; (5) must be general and consistent with public policy; and (6) must not be

    unreasonable. (Citing White Light Corp. v. City of Manila, G.R. No. 122846, Jan. 20, 2009,

    576 SCRA 416).

  • 4

    Lawful means

    Exec. Secretary v. Forerunner Multi Resources, G.R. No. 199324, Jan. 7, 2013. The ban for the importation of used vehicles to protect the domestic industry is' a reasonable

    exercise of police power. (See also Executive Secretary v. Southwing Heavy Industries,

    G.R. No. 1641 71 , 164172, 168741, Feb. 20, 2006)

    Agcaoili v. Felipe, G.R. No. 77224, April 29, 1987, 149 SCRA 341. Indelible marking of the forefinger as requisite or condition to the exercise of suffrage valid.

    Gould v. Gould, 61 Atl. 604. Blood tests before issuance of marriage license.

    Buck v. Bell, 274 US 195. Sterilization of imbeciles.

    Agan v. Piatco, G.R. No. 155001, Jan. 21, 2004. The State, in times of national emergency, may take over the operation of any business affected with public interest.

    Primicias v. Fugoso, G.R. No. L-1800, Jan. 27, 1948, 80 Phil. 71. The Ordinance giving unlimited power of the Mayor to grant or refuse a permit for the use of streets and other

    public places for processions , parades, or meetings, is null and void.

    Ichong v. Hernandez, G.R. No. L-7995, May 31. 1957, 101 Phil. 1155. Treaties subject to amendment by subsequent law.

    Calalang v. Williams, G.R. No. 47800, Dec. 2, 1940, 70 Phil. 726. Resolution of the National Traffic Commission prohibiting animal-drawn vehicles from passing along

    certain narrow streets valid exercise of police power. Justice Laurel defines social justice;

    salus populi est suprema lex.

    Phil. Assoc. of Service Exporters v. Drilon, G.R. No. 101279, Aug. 6, 1992, 163 SCRA 386. Prohibiting the temporary deployment of Filipino workers for overseas employment

    valid.

    Lupangco v. CA, G.R. No. 77372, April 29, 1988, 160 SCRA 848. PRC Resolution prohibiting examinees from attending review classes, receiving handout materials, tips or

    the like 3 days before the date of examination is not only unreasonable and arbitrary, it also

    infringes on the examinees' right to liberty.

    Ortigas v. Feati Bank, G.R. No. L-24670, Dec. 14, 1979, 94 SCRA 533. Building restrictions in deeds of sale cannot prevail over zoning regulations, i.e., from residential to

    commercial, to safeguard or promote the health, safety, peace, good order and general

    welfare of the people in the locality.

    Telecommunications and Broadcast Attorneys v. COMELEC, G.R. No. 1132922, April 21, 1998, 289 SCRA 33. Broadcast stations may be required to provide COMELEC

    time free of charge.

    Binay v. Domingo, G.R. No. 92389, Sept. 11, 1991, 219 SCRA 508. Resolution providing P500 burial assistance to a bereaved family is a police power measure founded on the

    maxim "Sic utere tuo et alienum non laedas" and "Salus populi est suprema lex."

    JMM Promotion v. CA, G.R. No. 120095, Aug. 5, 1996, 160 SCRA 319. Licensing or accreditation requirements of various professions; salus populi est suprema lex; parens

    patriae, sic utero tuo et alienum non laedas.

    Lucero v. City Government of Pasig, G.R. No. 132834, Nov. 24, 2006. A lease contract

  • 5

    to operate a stall may be abrogated for the protection of the general welfare.

    Valcurza v. Tamparong, G.R. No. 1890874, Sept. 4, 2013. The power to establish zones for industrial, commercial and residential uses is derived from the police power. (See also

    Luna v. Afable, G.R. No. 188299, .Jan. 23, 2013)

    Improper exercise of police power

    Perez v. Madrona, G.R. No. 184478, March 21, 2012. Respondents' fence is not a nuisance per se but at most a nuisance per accidens, hence, its summary abatement without

    judicial intervention is unwarranted.

    MMDA v. Bel-Air Village, G.R. No. 135962, March 27, 2000. R.A. No. 7924 does not

    grant MMDA with police power, let alone legislative power, and that all its functions are

    administrative in nature; it may enforce, but not enact, ordinances.

    MMDA v. Viron Transportation, G.R. No. 170656, Aug. 1, 2007. MMDA cannot order the closure of respondents' terminals not only because no authority to implement the Project

    has been granted nor legislative or police power been delegated to it, but also because the

    elimination of the terminals does not satisfy the standards of a valid police power measure.

    Lucena Grand Terminal v. JAC Liner, G.R. No. 148339, Feb. 23, 2005. Ordinance directing public utility vehicles to load and unload at a specific bus terminal is an invalid

    exercise of police power and undue taking of private property.

    MMDA v. Garin, G.R. No. 130230, April 15, 2005, 456 SCRA 176. MMDA is not vested with police power; it cannot confiscate/suspend/revoke a driver's license in the absence of

    a traffic law or regulation validly enacted by law or ordinance.

    Phil. Press Institute v. COMELEC, G.R. No. 119694, May 22, 1995. Compelling publishers to donate print space amounts to taking of private property.

    People v. Fajardo, G.R. No. L-12172, Aug. 29, 1958, 104 Phil. 443. The State may not, under guise of police power, divest owners of the beneficial use of property to promote

    aesthetic purposes.

    Police power objective rejected for being unlawful

    City of Manila v. Laguio, G.R. No. G.R. 118127, 12 April 2005, 455 SCRA 308. Ban on motels, etc., in the Ermita-Malate area.

    White Light Corp. v. City of Manila, G.R. No. 122846, Jan. 20, 2009. A city ordinance prohibiting motels and inns from offering short-time admission, as well as pro-rated or

    wash up rates, is unconstitutional for it needlessly restrains the operation of the

    businesses of the petitioners as well as restricting the rights of their patrons without

    sufficient justification. The ordinance rashly equates wash rates and renting out a room

    more than twice a day with immorality without accommodating innocuous intentions.

    OSG v. Ayala Land, G.R. No.177056, Sept. 18, 2009. The challenged ordinance rashly equates wash, rates and renting out a room more than twice a day with immorality without

    accommodating innocuous intentions.

  • 6

    Fernando v. St. Scholastica's College, G.R. No. 161107, March 12, 2013. Prohibiting respondents from constructing a fence more than one meter in height is a clear

    encroachment on their right to property.

    Ynot v. IAC, G.R. No. 744357, March 20, 1987. Confiscation of carabao or carabeef being transported across provincial boundaries.

    Balacuit v. CFI, G.R. No. L-38429, June 30, 1988. Ordinance requiring movie operators to charge one-half of adult fare for children between 7 and 12 unconstitutional.

    EMINENT DOMAIN

    Who may exercise

    Metropolitan Cebu Water v. J. King, G.R. No. 175983, April 16, 2009. Power exercised by the legislature, etc.

    Yusay v. CA, G.R. No. 156684, April 6, 2011. LGUs may expropriate.

    Gancayco v. City Government of Quezon, G.R. No. 177807, Oct. 11, 2011. The MMDA have the power to declare a thing a nuisance. Only courts of law have the power to

    determine whether a thing is a nuisance.

    Necessity for exercise

    Republic v. Samson-Tatad, G.R. No. 187677, April 17, 2013. Findings of ownership in an expropriation proceeding should not be construed as final and binding on the parties.

    The condemnor (petitioner) merely serves notice that it is taking title to and possession of

    the property, and that the defendant is asserting title to or interest in the property, not to

    prove a right to possession, but to prove a right to compensation for the taking.

    Cabahug v. NPC, G.R. No. 186069, Jan. 30, 2013. Any valuation for just compensation laid down in the statutes serve only as a guiding principle, hence, Section 3A of RA No.

    6395 is not binding upon the Court.

    Fery v. Municipality of Cabanatuan, G.R. No. 17540, July 23, 1921. When land has been acquired for public use in fee simple, unconditionally, either by the exercise of the

    right of eminent domain or by purchase, the former owner retains no right in the land, and

    the public use may be abandoned, or the land may be devoted to a different use. Without

    any impairment of the estate or title acquired, or any reversion to the former owner.

    Mactan-Cebu International Airport v. Bernardo Lozada, G.R. No. 176625, Feb. 25, 2010. The taking of private property, consequent to the Government's exercise of its power

    of eminent domain, is always subject to the condition that the property be devoted to the

    specific public purpose for which it was taken. Corollary, if this particular purpose or intent

    is not initiated or not at all pursued, and is peremptorily abandoned, then the former owners,

    if they so desire, may seek the reversion of the property, subject to the return of the amount

    of just compensation received. (Fery revisited).

  • 7

    Ouano v. Republic, G.R. No. 168770, Feb. 9, 2011. With respect to the element of public use, the expropriator should commit to use the property pursuant to the purpose stated in

    the petition for expropriation filed, failing which, it should file another petition for the new

    purpose. If not, it is then incumbent upon the expropriator to return the said property to its

    private owner, if the latter desires to reacquire the same.

    Public use

    Reyes v. NHA, G.R. No. 147511, Jan. 20, 2003. Concept of public use is no longer limited to traditional purposes. The idea that "public use" is strictly limited to clear cases of "use

    by the public" has been abandoned. The term "public use" has now been held to be

    synonymous with "public interest," "public benefit," "public welfare," and "public

    convenience." Non-payment of just compensation is not a ground to recover possession of

    the expropriated lots, owner is entitled to payment with interest.

    Bgy. Sindalan v. CA, G.R. No. 150640, March 2, 2007. Meaning of "public use"; expropriation of private property for the benefit of a private individual is proscribed by the

    Constitution, declaring that it should be for public use or purpose.

    Ardoa v. Reyes, G.R. No. L-60549, Oct. 26, 1983. Taking for tourism purposes is for public use.

    Republic, Rep. by Public Information Agency v. Court of Appeals and Santos, G.R. No. 146587, July 2, 2002. Expropriated property may be used for a public purpose other

    than what it was originally intended.

    Object of expropriation

    Republic v. PLDT, 26 SCRA 620. Private property, services.

    PLDT v. NTC, 190 SCRFA 717. Telephone interconnection.

    Taking

    US v. Lynch, 18 US 445. Inundation of farmland.

    US v, Causby, 328 US 256. Planes flying low over private property.

    People v. Faiardo, G.R. No. L-12172, Aug. 29, 1958. Deprivation of one's right to use property oversteps the bounds of police power, and amounts to a taking of property without

    just compensation.

    Phil. Press Institute v. COMELEC, G.R. No. 119694, May 22, 1995. To compel print media companies to donate "COMELEC space" amounts to "taking" of private personal

    property.

    NPC v. Aguirre-Paderanga, 464 SCRA 481. Transmission lines over aerial easements.

    NPC v. Purefoods, G.R. No.160275, Sept. 12, 2008. Compensation for right-of-way

    easement.

  • 8

    NPC v. Co, G.R. No. 166973, Feb. 10, 2009. Value of land taken for power lines.

    Richards v. Washington Terminal, 33 US 546. Exhaust fan blowing into house.

    Association of Small Landowners v. DAR Secretary, 175 SCRA 343. Agrarian reform.

    NPC v. Sangkay, G R No. 165828, Aug. 24, 2011. NPC liable to pay not merely the

    easement fee but the full compensation for the land traversed by the underground tunnel.

    City Government of QC v. Ericta, G.R. No. L-34915, June 24, 1983. Ordinance requiring that at least six (6) percent of the total area of private cemeteries be set aside for

    charity burial grounds is actually a taking without compensation.

    Hacienda Luisita v. PARC, G.R. No. 171101, April 24, 2012. Collective ownership of farmers-beneficiaries.

    Reyes v. NHA, G.R. No. 147511, Jan. 20, 2003. The low-cost housing project of the NHA on the subject Jots to be sold to qualified low income beneficiaries is not a deviation from

    public purpose; it is in furtherance of social justice.

    Sumulong v. Guerrero, G.R. No. L-48685, Sept. 30, 1987. Socialized housing.

    Visayan Refining v. 'Camus, 40 Phil. 550. Title not transferred until after payment.

    Just compensation

    DPWH Secretary v. Tecson, G R No. 179334, July 2013. Where private property is taken by the Government for public use without first acquiring title thereto either through

    expropriation or negotiated sale, the owner may recover his property if its return is feasible

    or, if it is not, the aggrieved owner may demand payment of just compensation for the land

    taken. Here, petitioners had been occupying the subject property for more than fifty years

    without the benefit of expropriation proceedings. For said illegal taking, respondents are

    entitled to adequate compensation in the form of actual or compensatory damages which

    in this case should be the legal interest of six percent (6%) per annum on the value of the

    land at the time of taking in 1940 until full payment.

    Republic v. BPI. G.R. No. 203039, Sept. 11, 2013. No actual taking of the building is

    necessary to grant consequential damages.

    Republic v. Gingoyon, G.R. No. 166429, Dec. 19, 2005. Rule 67 and the Local Government Code merely provided that the government deposit the initial amounts

    antecedent to acquiring possession of the property. In both cases, the private owner does

    not receive compensation prior to the deprivation of property. But R.A. No. 8974 mandates

    immediate payment of the initial just compensation prior to the issuance of the writ of

    possession in favor of the government.

    Republic (PIA) v. CA and Santos, G.R. No. 146587, .July 2, 2002. Respondents question the fact that expropriated property's present use differs from the purpose original l y

    contemplated. The argument is of no moment. The property has assumed a public character

    upon its expropriation. Petitioner, as the condemnor and as the owner of the property, is

    well within its rights to alter and decide the use of that property, the only limitation being

    that it be for public use, which, decidedly, it is.

    Republic v. Castellvi, G.R. No. L-20620, Aug. 15, 1974. Requisites of taking.

  • 9

    PNOC v. Maglasang, G.R. No. 155407, Nov. 11, 2008. Value determined at time of taking.

    Tan v. Republic, G.R. No. 170740, May 25, 2007. Just compensation is determined as of the date of the taking of the prope1iy or the filing of the complaint, whichever came first.

    B. H. Berkenkotter v. CA, G.R. No. 89980, Dec. 14, 1992. Just compensation is determined at the time of taking or filing of complaint, whichever comes first; exceptions.

    See Rule 67.

    NPC v. Tiangco, G.R. No. 170846, Feb. 6, 2007. Time of taking is at the time of filing

    of complaint, if there was no actual taking prior thereto.

    EPZA v. Dulay, G.R. No. 59603, April 29, 1987. Determination of just compensation

    judicial in nature.

    LBP v. Escandor, G.R. No. 171685, Oct. 11, 2010. Determination of just compensation a judicial function.

    Republic v. Mendoza, G.R. No. 185091, Aug. 8, 2010. Payment of just compensation proper, not ejectment.

    NPC v. Manubay Agro-Industrial Corp., G.R. No. 150936, Aug. 18, 2004. Installation of power lines on an easement of right of way restricts the use of the land, hence owner is

    entitled to payment of a just compensation, which must be neither more nor less than the

    monetary equivalent of the land.

    NPC v. Co, G.R. No. 166973, Feb. 10, 2009. Transmission lines restricts use of property, hence full market value should be paid, not only an easement fee of 10% under Sec. 3-A

    of RA 6395, as amended by PD 938. See also: Marinduque Mining. Court of Appeals,

    G.R. No. 16129, Oct. 6, 2008.

    NPC v. Aguirre-Paderanga, G.R. No. 155065, July 28, 1005. Restricting use of property falls within the ambit of expropriation.

    NPC v. Ibrahim, G.R. No. 168732, June 29, 2007. Requisites of taking; valuation of the property determined as of 1992, when respondents discovered the construction of the

    huge underground tunnels beneath their lands.

    NPC v. Bongbong, G.R. No. 164079, April 3, 2007. Title over the property passes to the expropriator upon payment.

    TAXATION

    Power to tax

    Pacific Commercial Co. v. Romualdez, G.R. No. 26124, Feb. 14, 1927. Distinction between power to license and power to tax.

    Manila Electric Co. v. El Auditor General, 73 Phil. 133. Taxation - primary purpose of generating revenue.

    Progressive Development Corp. v. Quezon City, G.R. No. 36081, April 24, 1989.

  • 10

    Regulatory power of city to tax.

    Angeles University v. City of Angeles, G.R. No. 189999, June 27, 2012, id.

    Republic v. Cocofed, G.R. No. 147062, Dec. 14, 2001. Coconut levy.

    Punzalan v. Manila Board, 95 Phil. 46. Double taxation.

    Planters Products v. Fertiphil, G.R. No. 166006, March 14, 2008. Tax levy on sale of fertilizers.

    Philippine Airlines v. Edu, G.R. No. L-41383, Aug. 15, 1988. Fees regarded as taxes.

    Tax treaties

    Deutsche Bank v. Comm. of Internal Revenue, G.R. No. 188550, Aug. 19, 2013. Tax conventions are drafted with a view toward s the elimination of international juridical

    double taxation, which is defined as the imposition of comparable taxes in two or more

    states on the same taxpayer in respect of the same subject matter and for identical periods.

    Tax exemptions

    Lladoc v. CIR, 14 SCRA 292. Churches.

    DUE PROCESS OF LAW

    Taada v. Tuvera, G.R. No. L-63915, Dec. 29, 1986. The need for publication before any

    law be made effective seeks to ensure to the people their constitutional right to d ue process

    and to information on matter of public concern.

    CMTC v. BHAG IS lnt'I. Trading, G.R. No. 170488, Dec. 10, 2012. Where reckless or gross negligence of counsel deprives the client of due process of law, or when the interests

    of justice so require, relief is accorded to the client who suffered by reason of the lawyer's

    gross or palpable mistake or negligence.

    Socrates v. Andok's Litson, G.R. No. 192108, Nov. 21, 2012. The essence of due process is to be found in the reasonable opportunity to be heard and to submit any evidence one

    may have in support of one's defense.

    Velasco v. Villegas, G.R. No. L-24153, Feb. 14, 1983. Ordinance prohibiting barber shop operators to conduct the business of massaging customers in any adjacent room a valid

    exercise of police power.

    People v. Soria, G.R. No. 179031, Nov. 14, 2012. To require "AAA" to identify the instrument or object that was inserted into her vagina would be contrary to the

    fundamental tenets of due process.

    Arroyo v. DOJ, G.R. No. 199082, Sept. 18, 2012. The conduct of preliminary investigation is, like court proceedings, subject to the requirements of both substantive and

    procedural due process.

  • 11

    Park Hotel v. Soriano, G.R. No. 1711 18, Sept. 10 2012. The requisites for a valid dismissal are: (a) the employee must be afforded due process, i.e., he must be given an

    opportunity to be heard and defend himself; and (b) the dismissal must be for a valid cause

    as provided in Article 282 of the Labor Code.

    Gonzales v. Office of the President, G.R. No. 196231, Sept. 4, 2012. Due process is

    simply having the opportunity to explain one's side, or an opportunity to seek a

    reconsideration of the action or ruling complained of.

    Taxicab Operators v. Board of Transportation, G.R. No. L-59234. Sept. 30, 1982. Fixing a six-year ceiling for a car to be operated as taxicab is a reasonable standard adopted

    to apply to all vehicles affected uniformly, fairly, and justly.

    Phil. Communications Satellite Corporation v. Alcuaz, G.R. No. No. 84818. Dec. 18, 1989. Rate-fixing order, temporary though it may be, is not exempt from the statutory

    procedural requirements of notice and hearing, as well as the requirement of

    reasonableness.

    People v. Fajardo, G R No. L-121 72. Aug. 29, 1958. The State may not, under guise of police power, permanently divest owners of the beneficial use of their property and

    practically confiscate them solely to preserve or assure the aesthetic appearance of the

    community.

    Tabuena v. Sandiganbayan, G.R. No. 103507, February 17, 1997, 268 SCRA 332. The "cold neutrality of an impartial judge" requirement of due process was certainly denied

    Tabuena and Peralta when the court, with its overzealousness, assumed the dual role of

    magistrate and advocate.

    Marcos v. Manglapus, G.R. No. 88211, Sept. 15, 1989, 178 SCRA 760. The right to return to one's country is not among the rights specifically guaranteed in the Bill of Rights,

    which treats only of the liberty of abode and the right to travel. But the right to return may

    be considered as a generally accepted principle of international law and, under our

    Constitution, is part of the law of the land.

    Galman v. Sandiganbayan, G.R. No. 72670, Sept. 12, 1986, 144 SCRA 43. Double jeopardy cannot be invoked against the Court's setting aside of the trial courts' judgment

    of dismissal or acquittal where the prosecution which represents the sovereign people

    in criminal cases is denied due process.

    Tatad v. Sandiganbayan, G.R. No. 72335-39, March 21, 1988, 159 SCRA 70. Inordinate delay in terminating the preliminary investigation and filing the information in

    the instant case is violative of the constitutionally guaranteed right of the petitioner to due

    process and to a speed y disposition of the cases against him.

    Webb v. De Leon, G.R. No. 121234, Aug. 23, 1995, 247 SCRA 652. The business of the judiciary is to assure fulfillment of the promise that justice shall be done and is done and

    that is the only way for the judiciary to get an acquittal from the bar of public opinion.

    Deloso v. Sandiganbayan, G.R. Nos. 86899-903. May 15, 1989, 173 SCRA 409. Preventive suspension of an elective public officer under Sec. 13 of RA No. 3019 should

    be limited to the ninety (90) days under Sec. 42 of PD No. 807, the Civil Service Decree.

    (See also Doromal v. Sandiganbayan, G.R. No. No. 85468. Sept. 7, 1989)

    Chavez v. Romulo, G. R. No. 1 57036, June 9, 2004. The right of individuals to bear arms

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    is not absolute, but is subject to regulation.

    EQUAL PROTECTION

    Garcia v. Drilon, G.R. No. 179267, June 25, 2013. RA 9262 does not violate the equal protection clause. The unequal power relationship between women and men; the fact that

    women are more likely than men to be victims of violence; and the widespread gender bias

    and prejudice against women all make for real differences justifying the classification

    under the law.

    GMA Network v. COMELEC, G.R. No. 205357, Sept. 2, 2014. Computing the airtime on an aggregate basis involving all the media of broadcast communications compared to

    the past where it was done on a per station basis.

    Biraogo v. Phil. Truth Commission, G.R. No. 192935, December 7, 2010. The envisioned Truth Commission is to investigate and find out the truth concerning the

    reported cases of graft and corruption during the previous administration. The intent to

    single out the previous administration is violative of the equal protection clause.

    Yrasegui v. Philippine Air Lines, G.R. No. 168081, Oct. 17, 2008. The obesity of petitioner, when placed in the context of his work as flight attendant, justifies his dismissal

    from the service.

    Duncan v. Glaxo, G.R. No. 162994. Sept. 17, 2004. Respondent Glaxo's policy prohibiting an employee from having a relationship with an employee of a competitor

    company is a valid exercise of management prerogative.

    People v. Cayat, G.R. No. 45987, May 5, 1939, 68 Phil. 12. Act No. 1639 prohibiting a non-Christian tribe to drink any ardent spirits, ale, beer, and wine, other than the so-called

    native rests on a valid classification.

    International School v. Quisumbing, G.R. No. 128845. June 1, 2000. There is no reasonable distinction between the services rendered by foreign-hi res and local-hires. The

    practice of the School of according higher salaries to foreign-hires contravenes public

    policy.

    Himagan v. People, G.R. No. 113811, Oct. 7, 1994, 237 SCRA 538. The reason why the preventive suspension of members of the PNP continues until the case against them is

    terminated is that policemen carry weapons and the badge of the law which can be used to

    harass or intimidate witnesses against them.

    Dumlao v. COMELEC, G.R. No. L-52245, Jan. 22, 1980, 95 SCRA 392. Retirement from government service may or may not be a reasonable disqualification for elective local

    officials.

    Almario v. Executive Secretary, G.R. No. 189028. July 16, 2013. There was a violation of the equal protection clause when the former President gave preferential treatment to

    respondents Guidote-Alvarez, Caparas, Maosa and Moreno as national artists.

    Goldenway v. Equitable PCI Bank, G.R. No. 195540. March 13, 2013. Sec. 47 of R.A.

    8791 shortened the period of redemption for juridical persons whose properties were

  • 13

    foreclosed and sold in accordance with the provisions of Act No. 3135. This is aimed at

    ensuring the solvency and liquidity of our banks.

    Philippine Judges Association v. Pardo, 281 SCRA 330. The Judiciary is, like the Executive and Congress, likewise entitled to the franking privilege.

    SEARCHES AND SEIZURES

    Hing v. Choachuy, G.R. No. 179736. June 26, 2013. The right to privacy is "the right to be let alone."

    People v. Salonga, G.R. No. 194948. September 2, 2013. The elements needed to be

    proven to successfully prosecute a case of illegal sale of drugs are: (1) the identity of the

    buyer and the seller the object, and the consideration; and (2) the delivery of the thing so l

    d and the payment therefor. Crucial in proving chain of custody is the marking of the seized

    drugs or other related items immediately after they are seized from the accused. (See also

    People v. Clara, G.R. No. 1 95528, July 24, 2013; People v. Somoza, G.R. No. 197250, Jul

    y 17, 2013)

    Soliven v. Makasiar, G.R. No. 82585, Nov. 14, 1988. Duty of a judge to "personally" determine the existence of probable cause: he shall: (1) personally evaluate the report and

    the supporting documents submitted by the fiscal regarding the existence of probable cause

    and, on the basis thereof, issue a warrant of arrest; or (2) if he finds no probable cause, he

    may disregard the fiscal's report and require the submission of supporting affidavits of

    witnesses to aid him in arriving at a conclusion as to the existence of probable cause.

    People v. Marti, G.R. No. G.R. No. 81561, Jan. 18, 1991. The protection against unreasonable searches and seizures cannot be extended to acts committed by private

    individuals. See also: Sebreo v. Court of Appeals, G.R. No. 160689, March 26, 2014.

    Alberto v. Court of Appeals, G.R. No. 182130. June 19, 2013. Courts are precluded from disturbing the findings of public prosecutors and the DOJ on the existence or non-existence

    of probable cause for the purpose of filing criminal information, unless such findings are

    tainted with grave abuse of discretion, amounting to lack or excess of jurisdiction.

    PLDT v. HPS Software, G.R. No. 70694, Dec. 10, 2012. Private party may participate in search warrant proceedings as in the enforcement of special penal laws.

    Alih v. Castro, G.R. No. 69401, June 23, 1987. One cannot just force his way into any man's house on the illegal orders of a superior, however lofty his rank. Indeed, even the

    humblest hovel is protected from official intrusion because of the ancient rule, revered in

    all free regimes, that a man's house is his castle.

    Sec. of National Defense v. Manalo, G.R. No. 180906, Oct. 7, 2008. Enforced disappearances. Sec. 2, Art. II of the Constitution not only limits the state's power over a

    person's home and possessions, but more importantly, protects the privacy and sanctity of

    the person himself.

    Republic v. Eugenio, G.R. No. 174629, Feb. 14, 2008. A bank inquiry order under Sec. 11 of the AMLA (RA 9160 as amended by RA 9194) does not necessitate any form of

    physical seizure of property of the account holder. What it authorizes is the examination of

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    the particular deposits or investment in banking institutions or non-bank financial

    institutions.

    Burgos v. Chief of Staff, G.R. No. 183713, July 5, 201 1. Meaning of probable cause.

    Pita v. Court of Appeals, G.R. No. 80806, Oct. 5, 1989. Materials deemed "obscene" may only be seized upon determination of probable cause.

    Warrantless searches and seizures

    Terry v. Ohio, 392 U.S. 1. Police may conduct limited protective search for concealed weapons.

    People v. Edano, G.R. No. 188133, July 7, 2014. Trying to run away when no crime has been overtly committed, and without more, cannot be evidence of guilt.

    People v. Calantiao, G.R. No. 203984, June 18, 2014. A valid arrest allows the seizure of evidence or dangerous weapons either on the person of the one arrested or within the

    area of his immediate control.

    Callanta v. Villanueva, G.R. No. L-24646, June 20, 1977. Posting of a bail bond constitutes waiver of any irregularity attending the arrest.

    Papa v. Mago, G.R. No. L-27360, Feb. 28, 1968. Customs search valid.

    People v. Malmstedt, G.R. No. 91107, June 19, 1991. Bus stopped at a military

    checkpoint for inspection.

    People v. Aminnudin, G.R. No, 74869, July 6. 1988. Warrantless arrest based on an informer's tip.

    Valmonte v. De Villa, G.R. No. 83988, May 24, 1990. When checkpoint searches deemed valid.

    Garcia-Padilla v. Enrile, G.R. No. L-61388, April 20, 1983. A person may be arrested at any time for a continuing offense like subversion.

    David v. Macapagal-Arroyo, G.R. No. 171396, May 3, 2006. Warrantless arrest of KMU members declared unconstitutional.

    Worldwide Web Corpration v. People, G.R. No. 161106, Jan. 13, 2014. Things to be seized much be described with particularity. See also: Stonehill v. Diokno, G.R. No. L-

    19550, June 19, 1967.

    Instances of reasonable searches and seizures

    People v. Cogaed, G.R. No. 200334, July 20, 2014. Jurisprudential instances of reasonable warrantless searches and seizures are: warrantless search incidental to a lawful

    arrest; seizure of evidence in "plain view"; search of a moving vehicle; consented

    warrantless search; customs search; stop and frisk; and exigent and emergency

    circumstances.

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    Privacy of communication and correspondence

    Disini v. Secretary of Justice, G.R. No. 203335, Feb. 18, 2014. Cybercrime Prevention Act of 2012 (RA .No. 10175).

    Gaanan v. Intermediate Appellate Court, G.R. No. L-69809, Oct. 16, 1986. Use of a

    telephone extension not prohibited as a "tap."

    LIBERTY OF ABODE AND TRAVEL

    Caunca v. Salazar, 81 Phil. 851. A maid has the right to transfer to another residence even

    if she had not paid the amount advanced by the agency for her transportation from the

    province.

    Rubi v. Provincial Board of Mindoro, G.R. No. 14078, March 7, 1919. Respondents were justified in tequi ring members of non-Christian tribes to reside in a reservation for

    better education and protection.

    Manotoc v. Court of Appeals, G.R. No. L-62100 May 30, 1986. A person out on bail cannot invoke his right to travel since his presence in court whenever required is a valid

    restriction on such right.

    Marcos v. Manglapus, G.R. No. 88211, Oct. 27, 1989. Court sustains refusal of

    government to allow petitioner's return to the country on ground that it would endanger

    national security.

    Philippine Association of Service Exporters v. Drilon, G.R. No. 81958, June 30, 1988. DOLE temporary suspension of deployment of Filipino domestic and household workers

    abroad valid.

    FREEDOM OF RELIGION

    Manosca v. Court of Appeals, G.R. No. 106440, Jan. 29, 1996. The purpose in setting up the marker is to recognize the distinctive contribution of the late Felix Manalo to the

    culture of the Philippines, rather than to commemorate his founding and leadership of the

    Iglesia ni Cristo.

    German v. Barangan, G.R. No. 68828, March 27, 1985. The restriction to use Laurel St. is designed to protect the lives of the President and his family.

    Ebralinag v. Division Superintendent of Schools, G.R. No. 95770, Dec. 29, 1995. The flag is not an image but a secular symbol.

    Iglesia ni Cristo v. Court of Appeals, G.R. No. 119673, July 26, 1996. The x-rating of the shows by the Board was a suppression of petitioner's freedom of speech as much as it

    was an interference with its right to free exercise of religion.

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    Estrada v. Escritor, A.M. No. P-02-1651, Aug. 4, 2003. The "compelling interest test" serves the purpose of revering religious liberty while at the same time affording protection

    to the paramount interest of the State.

    Board of Education v. Allen, 392 U.S. 236 (1968)

    Everson v. Board of Education, 330 U.S. 1 (1947)

    Garces v. Estenzo, G.R. No. L-53487, May 25, 1981. Questioned resolutions did not contravene any constitutional provision since the image was purchased with private funds,

    not with tax money.

    American Bible Society v. City of Manila, G.R. No. L-9637. April 30, 1957. The constitutional guaranty of the free exercise and enjoyment of religious profession and

    worship carries with it the right to disseminate religious information.

    Victoriano v. Elizalde Rope Worker's Union, G.R. No. L-25246. Sept. 12, 1974. The classification is to avoid those who cannot, because of their religious belief, join labor

    unions, from being deprived of their right to work and from being dismissed from their

    work because of union shop security agreements.

    Islamic Da'Wah Council v. Executive Secretary, G.R. No. 153888. July 9, 2003. Classifying a food product as halal is a religious function.

    FREEDOM OF EXPRESSION

    NPC v. COMELEC, G.R. No. G.R. No. 102653. March 5, 1992. COMELEC space and time.

    Adiong v. COMELEC, G.R. No. 03956. March 31, 1992. The COMELECs prohibition on posting of decals and stickers on "mobile" places whether public or private except in

    designated areas provided for by the COMELEC itself is null and void on constitutional

    grounds.

    Reyes v. Bagatsing, G.R. No. L-65366. Nov. 9, 1983. Denial of permit to rally at the Luneta park invalid for lack of a "clear and present danger" that might arise from the

    meeting.

    Bayan v. Ermita, G.R. No. 169838, April 25, 2006. The so-called Calibrated Pre-emptive Response Policy, insofar as it purports to differ from or be in lieu of maximum tolerance

    in public rallies, declared null and void. Respondents were enjoined to strictly observe the

    requirements of maximum tolerance.

    United Pepsi Cola Union v. Laguesma, G.R. No. 122226, March 25, 1998. Guarantee of organizational right not abridged by ban against managerial employees forming union.

    Reyes v. Bagatsing, G.R. No. 97787, Aug. 1, 1996.

    Ayer Productions v. Capulong, G.R. No. 82380, May 18, 1990. Enrile's role in the "Four Day Revolution" -- a dramatization of the Feb. 1986 revolution does not violate Enrile's

    right to privacy but is a matter of public interest since he was a principal figure in the event.

    People v. Kottinger, G.R. No. 20569, Oct. 29, 1923. Pictures which depict the non-Christian inhabitants of the Philippine Islands as they actually live, without attempted

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    presentation of them in unusual posture of dress, are not offensive to chastity, or foul, or

    filthy.

    Miller v. California, 37 L. ed. 2d 419. Tests of obscenity.

    Malabanan v. Ramento, G.R. No. 62270, May 21, 1984. The rights to peaceable assembly and free speech are guaranteed to students of educational institutions.

    Necessarily, heir exercise to discuss matters affecting their welfare or involving public

    interest is not to be subjected to previous restraint or subsequent punishment unless there

    be a showing of a clear and present danger to a substantive evil that the state has a right to

    prevent.

    Villar v. TIP, G.R. No. L-69198, April 17, 1985. The academic freedom enjoyed by institutions of higher learning includes the right to expel a student for academic deficiency.

    SSS Employees Association v. Court of Appeals, G.R. No. 85279, July 28, 1989. SSS employees are part of the civil service and are covered by the CSC's memorandum

    prohibiting strikes. Government employees may, therefore, through their unions or

    associations, either petition the Congress for the betterment of the terms and conditions of

    employment or negotiate with appropriate government agencies for the improvement of

    those which are not fixed by law.

    In re: Edillon, A.C. No. 1928, Aug. 3, 1978. Bar integration does not compel the lawyer to associate with anyone. He is free to attend or not attend the meetings of his Integrated

    Bar Chapter or vote or refuse to vote in its elections as he chooses. The only compulsion

    to which he is subjected is the payment of annual dues.

    Legaspi v. CSC, G.R. No. No. 72119, May 29, 1987. Government agencies are without discretion in refusing disclosure of, or access to, information of public concern.

    Chavez v. PCGG, G.R. No. 130716. May 19, 1999. Limitations on the right to full disclosure involving public interest: (1) national security matters and intelligence

    information, (2) trade secrets and banking transactions, (3) criminal matters, and (4) other

    confidential information.

    Senate v. Ermita, G.R. No. No. 169777, April 20, 2006. When Congress merely seeks to be informed on how department heads are implementing the statutes which it has issued,

    its right to such information is not as imperative as that of the President to whom, as Chief

    Executive, such department heads must give a report of their performance as a matter of

    duty. In such instances, Sec. 22, Art. VIII, in keeping with the separation of powers, states

    that Congress may only request their appearance. Nonetheless, when the inquiry in which

    Congress requires their appearance is "in aid of legislation" under Sec. 21, the appearance

    is mandatory. The only way for department heads to exempt themselves therefrom is by a

    valid claim of privilege.

    Taada v. Tuvera, G.R. No. L-63915, Dec. 29, 1986. All statutes, including those of local application and private laws, shall be published in the Official Gazette as a condition for

    their effectivity, which shall begin fifteen days after publication unless a different

    effectivity date is fixed by the legislature.

    Non v. Dames, G.R. No. 89317. May 20, 1990. Contract between a school and is student is for the entire period he is expected to complete his course.

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    Chavez v. Gonzales, G.R. No. 168338, Feb. 15, 2008. A governmental action that restricts freedom of speech or of the press based on content is given the strictest scrutiny. Only

    when the challenged act has overcome the clear and present danger rule will it pass

    constitutional muster, with the government having the burden of overcoming the presumed

    unconstitutionality. The warning on media against airing the alleged wiretapped

    conversation between the President and other personalities constitutes unconstitutional

    prior restraint on the exercise of freedom of speech and of the press.

    Phil. Press Institute v. COMELEC, G.R. No. 119694, May 22, 1995. To compel print media companies to donate "COMELEC space" of the dimensions specified in Section 2

    of Resolution No. 2722 (not less than one-half page), amounts to "taking" of private

    personal property for public use or purposes.

    ABS-CBN Broadcasting Corp. v. COMELEC, G.R. No. 133486, Jan. 18, 2000. The holding of exit polls and the dissemination of their results through mass media constitute

    an essential part of the freedoms of speech and of the press.

    Miriam College Foundation v. Court of Appeals, G.R. No. 127930, Dec. 15, 2000. The power of the school to investigate is an adjunct of its power to suspend or expel and as a

    necessary corollary to the maintenance of a safe and orderly educational environment

    conducive to learning.

    In re: Request for Radio-TV Coverage of the Trial for Plunder of Pres. Estrada, A.M. No. 01-4-03-SC. Television coverage of judicial proceedings is an inherent denial of due

    process rights of an accused.

    Ruiz v. Gordon, G.R. No. L-65695, Dec. 19, 1983. Guidelines on permits to hold rallies.

    Lagunsad. V. Gonzales, G.R. No. L-31890, May 29, 1987. "Balancing of interests test" applied in favor of the family of Moises Padilla to have their right to privacy protected.

    Malabanan v. Ranmento, G.R. No. 62270, May 21, 1984. Students do not shed their constitutional right to free speech at the schoolhouse gate.

    SSS Employees Association v. Court of Appeals, G.R. No. 85279, July 28, 1989. The right of government employees to organize does not include the right to strike.

    Alliance of Government Workers v. Ministry of Labor, G.R. No. L-60403, Aug. 3, 1983. Member of the civil service may not declare a strike to enforce their economic

    demands.