TOPIC I: Introduction B.

Doctrine of Constitutional Supremacy

*Constitution
Under the doctrine of constitutional supremacy, if a law or contract
It is a written instrument enacted by the direct action of the people by which violates any norm of the constitution that law or contract whether
the fundamental powers of the government are established, limited, and promulgated by the legislative or by the executive branch or entered
defined, and by which those powers are distributed among the several into by private persons for private purposes is null and void and
departments for their safe and useful exercise and for the benefit of the body without any force and effect. Thus, since the Constitution is the
politic. (Malcolm and Laurel, Phil. Constitutional Law 6) fundamental, paramount and supreme law of the nation, it is
deemed written in every statute and contract. (Manila Prince Hotel
A. Constitutional Law Defined vs. GSIS)

Constitutional Law is the study of the structure and and powers of The Constitution is the basic and paramount law by which all other
the Government of the Republic of the Philippines. It also deals with laws must conform to and to which all persons, including the
the basic concepts of Political Law, such as the nature of the highest officials of the land must defer. No act shall be valid,
State, the supremacy of the Constitution, the separation of however noble its intentions, if it conflicts the Constitution. The
powers, and the rule of the majority. (Cruz, Philippine Political Law, Constitution must remain ever supreme. All must bow to the mandate
p. 69) of this law. Expediency must not be allowed to sap its strength nor
greed for power debase its rectitude. Right or wrong, the Constitution
NOTES: must be upheld as long as it has not been changed by the sovereign
people lest its disregard result in the usurpation of the majesty of law
● Constitutional law deals with the maintenance of the three by the pretenders to illegitimate power.
powers of the state and the liberty of the individuals as
represented by the Bill of Rights. * Qualities of a Good Written Constitution
● Which one prevails? Authority of the State or that of the 1. Broad
individuals? - Must outline an organization of government for the whole State
● State – abstract/idea/entity; Government represents the state - Must be able to govern the future
● The will of the State (promote general welfare) is the one - ex.) the new definition of judicial power (Sec. 1, Article VIII, 1987
formulated, exercised, and enforced by the government Constitution)
*Political Law
Political law is that branch of public law which deals with the organization 2. Brief
and operations of the governmental organs of the State and defines the - Not intended to go into details of organization (such details
relations of the State with the inhabitants of its territory. (People v. are left to Congress for specific legislation)
Perfecto, G.R. No. L-18463, October 4, 1922) 3. Definite
- Its vagueness may cause incalculable harm or it may lead to
opposing interpretation which may bring about chaos and
 violence, instead of peace (to give leeway for the courts to C. Requisites of Judicial Review
decide on what is best under the circumstances)
The requisites for the exercise of the power of judicial review are the
* Essential Parts of a Good Written Constitution following:
1. Constitution of Liberty
This contains the fundamental civil and political rights of the citizens 1) There must be an actual case or justiciable controversy before
as well as the limitations on the powers of the government to the court;
see to it that the said rights are safeguarded. - There is a right violated and a remedy provided for by law
ex.) Bill of Rights (Art. III, Sec. 12 (2,3, and 4) of the 1987 Constitution 2) The question before the court must be ripe for adjudication;
- Or it is necessary in the determination of the case itself.
2. Constitution of Government
- Even when there is a direct challenge to the law, the Court will
This outlines the organization of the government, enumerating its
frown upon direct attack on the constitution. The Court will refrain as
powers, laying down certain rules relative to its
much as possible from taking cognizance on the challenge of the
administration, and defining the electorate.
constitutionality of a law because of the principle of separation of
ex.) allocation of respective powers, functions, and responsibilities unto
powers. It is the presumption that the legislative and executive
three branches of Government
branches of government enacted the law in accordance with the
constitution (presumption of constitutinality).
3. Constitution of Sovereignty
This contains the provisions on how to amend and to revise our * Bill making process
Constitution and when such amendment or revision is
considered valid. * Doctrine of bill presentment
- It is the duty of the Court to determine whether a law is
*Section 1, Art. VIII of 1987 Constitution constitutional or not.
- What is judicial power?
- First part of 2nd paragraph refers to justiciable question (actual
controversies involving rights which are legally demandable and - Consequences of unconstitutionality:
enforceable)
- Second part of 2nd paragraph deals with political questions, which 1.) Orthodox view – The law declared as unconstitutional is not
before the 1987 Consti, the Courts could not go into (matters to a law at all; total nullity
be decided by the sovereign people or in regard to which full 2.) Modern view – The Court will not as much as possible touch
discretionary authority has been delegated to the political on the issue of constitutionality but decide on a case as if the
departments of the government namely, the legislative and law does not exist.
executive department and to determine whether there has been
a grave abuse of discretion resulting in lack or excess of 3.) Declaration of partial unconstitutionality – Legislature has
jurisdiction) expressed that a part of the law is unconstitutional and despite
such declaration, the law can still stand. *Separability clause
 (different from Separation Clause – separability of church and * En banc decisions - “… those members that actually participated
state) in the deliberation of the case”
3) The person challenging the act must be a proper party; and - What is jurisdiction? The power of the Court to hear and
- The person must show that he sustained or is in imminent decide cases.
danger of sustaining some direct injury
- Who tells the Court that it has such power or who gives such
- *insert cases here*
jurisdiction?
- If the petition is seeking a declaratory relief, meaning there is a
question as to the rights and duties of a person under a particular *For the SC, the jurisdiction of the SC is found in the Constitution
deed, will, contract, statute, or law, even when he has not yet suffered (since it is a Constitutional court), has original (constitutionality of a
any injury, then such person is the proper party because he is seeking treaty, executive agreement, presidential decree, orders, etc.) and
declaratory judgement. appellate jurisdiction (to review, revise, reverse, or modify in
accordance with the law or rules of court decisions of lower courts)
4) The issue of constitutionality must be raised at the earliest
opportunity and must be the very cause or motivation of the case. - If there is a doubt as to where the complaint is filed or the
jurisdiction of the Court, it can be raised at any time because if a
- When is the earliest possible oppurtunity and what is the effect if it Court where the case is filed and being tried, then Court has no
is not raised at the earliest possible opportunity? It cannot be power to decide on the case and the proceedings shall be
considered during the trial and appeal. It must be raised in the considered null and void.
pleading. If not, it cannot be taken up during the trial. When a decision
has been rendered during trial, the question cannot be raised during
appeal. Only those matters that are raised in the pleading will be
taken up during trial.
The first two requisites demand that there be an actual controversy
- In a civil case, question can be raised at any time during the trial if and it is ripe for adjudication. “A question is ripe for adjudication when
it is necessary for the determination of the case except when there is the act being challenged has had a direct adverse effect on the
estoppel. individual challenging it. It is a prerequisite that something had been
accomplished or performed by either branch before a court may come
- What is estoppel? You cannot question a law or change your
into the picture and the petitioner must allege the existence of an
earlier position to the prejudice of the other party or you cannot
immediate or threatened injury to itself as a result of the challenged
question a law to be unconstitutional when you have derived
action (Belgica v. Executive Secretary).”
benefits thereunder.
* Zandueta vs. De La Costa (G.R. No. 46267, November 28, 1938) – The third requisite is often referred to as the legal standing of the
Court ruled that where you have derived benefits from that law, you petitioner. “He must be able to show not only that the law or any
cannot impune its unconstitutionality. Zandueta was found guilty of government act is invalid but also that he sustained or is in imminent
estoppel. danger of sustaining some direct injury as a result of its enforcement
and not merely that he suffers thereby in some indefinite way. It must
 appear that the person complaining has been or is about to be denied
some right or privilege to which he is lawfully entitled or that he is about *Assignment: Look for “police power” in the 1987 Constitution and
to be subjected to some burdens or penalties by reason of the statute for a provision where there is a reference to police power
or act complained of (Agan Jr. v. Piatco).” *Read: Functions, scope, characteristics, cases, etc. of Police
Power
The fourth requisite of judicial review is that the issue of
constitutionality should be raised at the earliest opportunity — with the TOPIC II: Police Power
issue not yet being moot or academic.
A. Definition
D. Functions of Judicial Review
The power of promoting public welfare by restraining and
(1) Legitimating or positive function - The act of sustaining the regulating the use of liberty and property.
validity or constitutionality of a law or act.
(2) Checking or negative function - The act of expressly pronouncing What happens to the State if it does not have police power? It
or declaring that a law or an act as unconstitutional because it cannot promote general welfare. For example,
violates the constitution.
(3) Symbolic or teaching function - The act of conveying or educating What happens if there is no power of taxation? It cannot provide
the members of bench and bar of the importance of protecting protection and services to its citizens. It cannot perform its duties.
constitutional rights.
*State is the principal while government is the agent. The State is
INHERENT POWERS OF THE STATE an abstract entity while the Government will achieve the will of
the State.
- Police Power (power of promoting general welfare), Power of
Eminent Domain (power of the State to take private property
For the power of taxation, government will only resort to
for some intended public use), Power of Taxation (power of the
expropriation if the owner of the property does not want to sell the
State to extract contribution from its citizens for the
property even though it belongs to government.
maintenance of the government)
- Why are they called inherent and fundamental? When the State
came into being, it is already vested with these powers. They B. Basis
are not created by the Constitution.
- Are there provisions in the Constitution that mention these three The justification is found in the Latin maxims: salus populi est
powers? Yes. Why are they mentioned even if they were not suprema lex (the safety of the people is the supreme law) and sic
created by the Constitution? The reason is that it is not on the utere tuo ut alienum non laedas (use your own property in such a
conferment of such powers but the Constitution recognizes manner as not to injure that of another)
such powers and provide limitations on their exercise.
- These powers are considered to be indispensable.
C. Scope/Characteristics: requirements. But like all rights and freedoms guaranteed by the
Charter, their exercise may be so regulated pursuant to the
Police power is the most pervasive, the least limitable, and the police power of the State to safeguard health, morals, peace,
most demanding of the three powers. education, order, safety, and the general welfare of the people.
This regulation assumes particular pertinence in the field of
a) Police power cannot be bargained away through the medium of medicine, to protect the public from the potentially deadly effects
a treaty or a contract [Stone v. Mississippi, 101 U.S. 814; Ichong of incompetence and ignorance [Professional Regulation
v. Hernandez, 101 Phil. 1155]. Commission v. De Guzman, G.R. No. 144681, June 21, 2004].

b) The taxing power may be used as an implement of police f) The right to bear arms is merely a statutory privilege. The
power [Lutz v. Araneta, 98 Phil. 148; Tiu v. Videogram license to carry a firearm is neither a property or a property right.
Regulatory Board, 151 SCRA 208; Gaston v. Republic Planters Neither does it create a vested right. A permit to carry a firearm
Bank, 158 SCRA 626; Osmena v. Orbos, 220 SCRA 703]. outside one’s residence may be revoked at any time. Even if it
were a property right, it cannot be considered as absolute as to
c) Eminent domain may be used as an implement to attain the be beyond the reach of the police power [Chavez v. Romulo,
police objective [Association of Small Landowners v. Secretary 431 SCRA 534].
of Agrarian Reform, 175 SCRA 343].
g) Like timber permits, mining exploration permits do not vest in
d) A law enacted in the exercise of police power to regulate or the grantee any permanent or irrevocable right within the
govern certain activities or transactions could be given purview of the non-impairment and due process clauses, since
retroactive effect and may reasonably impair vested rights or the State, under its all-encompassing police power, may alter,
contracts. Police power legislation is applicable not only to modify or amend the same in accordance with the demands of
future contracts, but equally to those already in existence. Non- the general welfare [Southeast Mindanao Goldmining
impairment of contracts or vested rights clauses will have to Corporation v. Balite Portal Mining, G.R. No. 135190, April 3,
yield to the superior and legitimate exercise by the State of the 2002].
police power [Ortigas & Co. v. Court of Appeals, G.R. No.
126102, December 4, 2000], Thus, despite the retroactive effect h) A license to operate a motor vehicle is not a property right, but a
of PD 957 (Subdivision and Condominium Buyers Protective privilege granted by the State, which may be suspended or
Decree), there is no violation of the non-impairment clause, revoked by the State in the exercise of its police power, in the
because the decree is a valid exercise of the police power, and interest of public safety and welfare, subject to the procedural
police power prevails over contracts [PNB v. Office of the due process requirements [Metropolitan Manila Development
President, 255 SCRA 5] Authority v. Garin, G.R. No. 130230, April 15, 2005].

e) It is true that the Court has upheld the constitutional right of i) R.A. 9257, otherwise known as the “Expanded Senior
every citizen to select a profession or course of study subject to Citizens Act of 2003”, is a legitimate exercise of police
fair, reasonable and equitable admission and academic power. Administrative Order No. 177 issued by the
 Department of Health, providing that the 20% discount power [Metro Manila Development Authority v. Bel-Air Village
privilege of senior citizens shall not be limited to the Association, G.R. No. 135962, March 27, 2000]. While Sec. 5(f),
purchase of unbranded generic medicine but shall extend R.A. 7924, does not grant the MMDA the power to confiscate and
to both prescription and non-prescription medicine, suspend or revoke drivers’ licenses without need of any other
whether branded or generic, is valid. When conditions so legislative enactment, the same law vests the MMDA with the duty
demand, as determined by the legislature, property rights to enforce existing traffic rules and regulations. Thus, where there is
must bow to the primacy of police power because property a traffic law or regulation validly enacted by the legislature or those
rights, though sheltered by the due process clause, must agencies to whom legislative power has been delegated (the City of
yield to the general welfare [Carlos Superdrug Corporation Manila, in this case), the MMDA is not precluded — and in fact is
v. DSWD, etal., G.R. No. 166494, June 29, 2007]. duty-bound — to confiscate and suspend or revoke drivers’ licenses
in the exercise of its mandate of transport and traffic management,
D. Who may exercise the power. as well as the administration and implementation of all traffic
enforcement operations, traffic engineering services and traffic
The power is inherently vested in the Legislature. However, education programs [Metropolitan Manila Development Authority v.
Congress may validly delegate this power to the President, to Garin, G.R. No. 130230, April 15, 2005]
administrative bodies and to lawmaking bodies of local
government units. Local government units exercise the power In Francisco v. Fernando, G.R. No. 166501, November 16, 2006, a
under the general welfare clause [Sec. 16, R.A. 7160], and under petition for prohibition and mandamus was filed against the MMDA
Secs. 391, 447, 458 and 468, R.A. 7160. and its Chairman, Bayani Fernando, to enjoin the further
implementation of the “Wet Flag Scheme” and to compel
a) While police power may be validly delegated to the President by respondents to “respect and uphold” the pedestrians’ right to due
law, R.A. 6939 and P.D. 260, as amended, do not authorize the process and right to equal protection of the law. (As implemented,
President, or any other administrative body, to take over the police mobile units bearing wet flags with words “Maglakadandmag-
internal management of a cooperative. Accordingly, abang sa bangketa”are deployed along major Metro Manila
Memorandum Order No. 409, issued by the President, constituting thoroughfares.) It was held that the petitioner failed to show the lack
an ad hoc committee to temporarily take over and manage the of basis or the unreasonableness of the Wet Flag Scheme. On the
affairs of CANORECO is invalid [Camarines Norte Electric alleged lack of legal basis, the Court noted that all the cities and
Cooperative v. Torres, G.R. No. 127249, February 27, 1998]. municipalities within MMDA’s jurisdiction except Valenzuela City
have each enacted anti-jaywalking ordinances or traffic
b) Unlike the legislative bodies of local government units, there is management codes with provisions for pedestrian regulation. This
no provision in R.A. 7924 that empowers the Metro Manila serves as sufficient basis for the respondent’s implementation of
Development Authority (MMDA) or its Council to “enact schemes to enforce the anti-jaywalking ordinances and similar
ordinances, approve resolutions and appropriate funds for the regulations. The MMDA is an administrative agency tasked with
general welfare” of the inhabitants of Metro Manila. Thus, the implementation of rules and regulations enacted by proper
MMDA may not order the opening of Neptune St. in the Bel-Air authorities. The absence of an anti-jaywalking ordinance in
Subdivision to public traffic, as it does not possess delegated police Valenzuela City does not detract from this conclusion absent
any proof that respondents implemented the Flag Scheme in operate all forms of gambling facilities (including jai-alai)
that city. issued by local governments, was a valid exercise of the police
power. Gambling is essentially antagonistic to the objectives
c) While concededly, the President has the authority to provide for of national productivity and self-reliance; it is a vice and a
the establishment of the Greater Manila Mass Transport System, in social ill which the government must minimize (or eradicate) in
order to decongest traffic by eliminating bus terminals along major pursuit of social and economic development. Miners
Metro Manila thoroughfares, EO No. 179, which designates the Association of the Philippines v. Factoran, 240 SCRA 100, upheld
Metro Manila Development Authority as the implementing agency the validity of Administrative Orders Nos. 57 and 82 of the DENR
for the project, is ultra vires. Under the provisions of EO 125, as Secretary which effectively converted existing mining leases and
amended, it is the DOTC, not the MMDA, which is authorized to other mining agreements into production-sharing agreements within
establish and implement such a project. The President must one year from effectivity, inasmuch as the subject sought to be
exercise the authority through the instrumentality of the DOTC governed by the questioned orders is germane to the objects and
which, by law is the primary implementing and administrative purposes of E.O 279, and that mining leases or agreements
entity in the promotion, development and regulation of granted by the State are subject to alterations through a
networks of transportation. By designating the MMDA as the reasonable exercise of the police power of the State.
implementing agency, the President overstepped the limits of
the authority conferred by law [Metropolitan Manila Development ii) In Pollution Adjudication Board v. Court of Appeals, 195 SCRA
Authority v. Viron Transportation, G.R. No. 170656, August 15, 112, the Supreme Court held that ex parte cease and desist orders
2007]. issued by the Pollution Adjudication Board are permitted by law and
regulations in situations such as stopping the continuous discharge
*Limitations (Tests for Valid Exercise): of pollutive and untreated effluents into the rivers and other inland
waters. The relevant pollution control statute and implementing
a) Lawful subject: regulations were enacted and promulgated in the exercise of
police power, x x x The ordinary requirements of procedural
The interests of the public in qeneral as distinguished from those
due process yield to the necessities of protecting vital public
of a particular class, require the exercise of the power. This means
interests through the exercise of police power.
that the activity or property sought to be regulated affects the
general welfare; if it does, then the enjoyment of the rights flowing
b.) Lawful Means: The means employed are reasonably
therefrom may have to yield to the interests of the greater number.
necessary for the accomplishment of the purpose, and not
See.Taxicab Operators v. Board of Transportation, 119 SCRA 597;
unduly oppressive on individuals. See: Ynotv. Intermediate
Velasco v. Villegas, 120 SCRA 568; Bautista v. Juinio, 127 SCRA
Appellate Court, 148SCRA 659; Tablarin v. Gutierrez, 152 SCRA
329; Lozano v. Martinez, 146 SCRA 323; Sangalang v.
730; Balacuit v. CFI of Agusan del Norte, 163 SCRA 182.
Intermediate Appellate Court, 176 SCRA 719.
i) Police power concerns government enactments, which
i) In Lim v. Pacquing, 240 SCRA 649, it was held that P.D. 771, precisely interfere with personal liberty or property to promote
which expressly revoked all existing franchises and permits to the general welfare or the common good. A thorough review of
the facts and circumstances leading to the issuance of DOLE Order congestion meets the first standard; but declaring bus terminals as
No. 3 (establishing various procedures and requirements for nuisances per se and ordering their closure or relocation
screening performing artists as a prerequisite to the processing of contravenes the second standard [Lucena Grand Central Terminal
any contract of employment by POEA) shows that the assailed v. JAC Liner, G.R. NO. 148339, February 23, 2005].
order was issued by the Secretary of Labor pursuant to a valid
exercise of the police power [JMM Promotion and Management, iv) In Cabrera v. Lapid, G.R. No. 129098, December 6, 2006, the
Inc. v. Court of Appeals, 260 SCRA 319]. Supreme Court upheld the dismissal by the Office of the
Ombudsman of criminal charges against respondents local
ii) However, Sec. 2 of Comelec Resolution No. 2772, which government officials who had ordered and carried out the
mandates newspapers of general circulation in every province or demolition of a fishpond which purportedly blocked the flow of the
city to provide free print space of not less than 1/2 page as Pasak River in Sasmuan, Pampanga, The Court agreed with the
Comelec space, was held to be an invalid exercise of the police findings of the Ombudsman that “those who participated in the
power in Philippine Press Institute v. Comelec, 244 SCRA 272,, blasting of the subject fishpond were only impelled by their
there being no showing of the existence of a national desire to serve the best interest of the general public”.
emergency or imperious public necessity for the taking of print
space, nor that the resolution was the only reasonable and *Additional Limitations [When exercised by delegate]:
calibrated response to such necessity. [This was held to be an
exercise of the power of eminent domain, albeit invalid, a) Express grant by law [e.g., Secs. 16, 391,447, 458 and 468, R.
because the Comelec would not pay for the space to be given A. 7160, for local government units]
to it by the newspapers.] Similarly, in City Government of Quezon
City v. Ericta, 122 SCRA 759, the Quezon City ordinance which b) Within territorial limits [for local government units, except
required commercial cemetery owners to reserve 6% of burial lots when exercised to protect water supply],
for paupers in the City was held to be an invalid exercise of the
police power, but was, instead, an exercise of the power of eminent c) Must not be contrary to law. [Activity prohibited by law cannot,
domain which would make the City liable to pay the owners just in the guise of regulation, be allowed; an activity allowed by law
compensation. may be regulated, but not prohibited.] See: De la Cruz v. Paras,
123 SCRA 569; City Government of Quezon City v. Ericta, 122
iii) The proper exercise of the police power requires SCRA 759; Villacorta v. Bernardo, 143 SCRA 480.
compliance with the following requisites:
i) In Solicitor General v. Metropolitan Manila Authority, G.R. No.
(a) the interests of the public generally, as distinguished from 102782, December 11,1991, reiterated in Tatelv. Municipality of
those of a particular class, require the intereference by the State; Virac, G.R. No. 40243, March 11, 1992, and in Magtajas v. Pryce
and Properties, G.R. No. 111097, July 20, 1994, the Supreme Court
(b) the means employed are reasonably necessary for the declared that for municipal ordinances to be valid, they:
attainment of the object sought and not unduly oppressive
upon individuals. An ordinance aimed at relieving traffic [a] must not contravene the Constitution or any statute;
 [b] must not be unfair or oppressive; - A person’s property would have no bearing with public welfare thus,
[c] must not be partial or discriminatory; it cannot be a lawful subject of police power.
[d] must not prohibit, but may regulate, trade; - … vs. Mississippi (nature of contract)
[e] must not be unreasonable; and - Under Consti, no law shall be enacted that will prejudice a contract
[f] must be general in application and consistent with public policy. (?)
- Police power can make use of the other inherent powers as
ii) In City of Manila v. Judge Laguio, G.R. No. 118127, April 12, elements to achieve its purpose
2005, the Supreme Court declared as an invalid exercise of the
police power City of Manila Ordinance No. 7783, which prohibited TOPIC III: Eminent Domain
“the establishment or operation of businesses providing certain A. Source of Power
forms of amusement, entertainment, services and facilities in the
Ermita-Malate area”. Concedely, the ordinance was enacted with • City of Manila vs. Chinese Cemetery of Manila, 40 Phil 349 (1919)
the best of motives and shares the concern of the public for the • Art. XII, Sec. 18
cleansing of the Ermita-Malate area of its social sins. Despite its
virtuous aims, however, the • Art. XIII, Sec. 4
enactment of the ordinance has no statutory or constitutional
• Art. XIII, Sec. 9
authority to stand on. Local legislative bodies cannot prohibit the
operation of sauna and massage parlors, karaoke bars, B. Definition/Scope - Power of expropriation
beerhouses, night clubs, day clubs, supper clubs, discotheques,
Art. III, Section 9
cabarets, dance halls, motels and inns, or order their transfer or
conversion without infringing the constitutional guarantees of due C. Who may exercise power?
process and equal protection of the laws, not even in the guise of
Congress and, by delegation, the President, administrative
police power.
bodies, local government units, and even private enterprises
performing public services.
iii) The authority of a municipality to issue zoning classification is an
exercise of the police power, not the power of eminent domain. A • City of Manila v. Chinese Cemetery of Manila, 40 Phil. 349 (1919)
zoning ordinance is defined as a local city or municipal legislation
which logically arranges, prescribes, defines and apportions a given • Moday v. Court of Appeals, 268 SCRA 368 (1997)
political subdivision into specific land uses as present and future D. Requisites of Exercise
projection of needs [Pasong Bayabas Farmers Association v. Court
of Appeals, G.R. Nos. 142359 and 142980, May 25, 2004]. • Manila Memorial Park v. Secretary, DSWD, G.R. No. 175356,
December 3, 2013
- General welfare includes comfort, safety, health, education, • Republic (DPWH) v. Samson-Tatad, G.R. No. 187677, April 17, 2013
agrarian reform, etc.
- Go over list of cases • Bardillon v. Barangay Masili of Calamba, Laguna, G.R. No. 146886,
- Any activity that will bring about the promotion of general welfare… April 30, 2003
• Lagcao v. Judge Labra, G.R. No. 155746, October 13, 2004 That only few would actually benefit from the expropriation of the
property does not necessarily diminish the essence and character of
• Republic (DPWH) v. Ortigas & Co. Ltd., G.R. No. 171496, March 3,
public use [Manosca v. Court of Appeals, 252 SCRA 412]
2014
- There is a direct benefit that the public would generate from the
• Hacienda Luisita, Inc. v. PARC, G.R. No. 171101, April 14, 2012
taking of private property to be converted to public use. However,
• Reyes v. NHA, G.R. No. 147511, January 20, 2003 due to the expansion of the meaning of public use, even if there is
no direct benefit, an indirect benefit would still be within the
• Republic (DPWH) v. Asia Pacific Integrated Steel Corp., G.R. No.
meaning of public use.
192100, March 12,
*Mactan Airport case
2004
- Suppose that the property was taken by expropriator without payment
• LBP v. Gallego, G.R. No. 173226, July 29, 2013
of just compensation, there is no need for property owner to file a case
• Tinio v. NPC, G.R. No. 160923, January 24, 2014 with COA for payment of just compensation. The case must be filed
immediately in court and the defense of immunity from suit will not
• LBP v. Eusebio, G.R. No. 160143, July 2, 2014 prosper.
• Agan v. PIATCO, G.R. No. 155001, May 5, 2003 - If certain activities were done on the property of the owner he was not
1. Taking aware of and he filed a complaint demanding just compensation, this is
referred to as reverse expropriation proceeding. There was no
o Republic v. Castelvi, 59 SCRA 336 (1974) expropriation that was made.
o City Govt. of Quezon City v. Ericta, 122 SCRA 759 (1983) - Title of the property will only be transferred to the expropriator upon
o Napocor v. San Pedro, G.R. No. 170945, September 26, 2006 full payment of just compensation. If there is a delay in payment, there
will be interest however, interest will only accrue upon demand.
o U.S. v. Causby, 328 U.S. 256 (1946) Interest cannot be presumed, there must be an agreement in writing.
- Determination of just compensation is a judicial power. Just
2. Public Use compensation is the full ample payment of true value of the property. It
should be a value that would not create loss on the part of both the
As a requirement for eminent domain, “public use” is the general property owner and expropriator otheriwse, it would be unjust.
concept of meeting public need or public exigency. It is not
confined to actual use by the public in its traditional sense. The idea - In the determination of just compensation, suppose the whole
that “public use” is strictly limited to clear cases of “use by the public” property has not been expropriated, only when there is a residue can
has been abandoned. The term “public use” has now been held to be you speak of consequential benefits and consequential damages.
synonymous with “public interest”, “public benefit”, “public welfare”, and Consequential benefits should be deducted from consequential
“public convenience” [Reyes v. National Housing Authority, G.R. No. damages to come up with just compensation.
147511, January 20, 2003].
- Is a property that is already devoted to public use can still be subject The ascertainment of what constitutes just compensation for property
to expropriation? Yes provided that it is the national legislature or a taken in eminent domain cases is a judicial prerogative.
specific grant to delegate is made by the legislature exercises such.
What are the factors to be considered in the determination of just
o Secretary of the Department of Public Works and Highways vs. Sps. compensation?
Tecson,
o Land Bank of the Philippines vs. Lajom, G.R. No. 184982, Aug. 20,
G.R. No. 179334, April 21, 2015 2014
o Republic of the Philippines vs. Mupas, G.R. No. 181892, Sept. 8, o Sps. Mercado vs. Land Bank of the Philippines, G.R. No. 196707,
2015 June 17, 2015
o Heirs of Juancho Ardona v. Reyes, 124 SCRA 220 (1983) o Republic of the Philippines vs. Heirs of Saturnino Q. Borbon, G.R.
No. 165354,
o Sumulong v. Guerrero, 154 SCRA 461 (1987)
Jan. 12, 2015
o Province of Camarines Sur v. CA, 222 SCRA 170 (1993)
o Republic of the Philippines vs. Soriano, G.R. No. 21166, Feb. 25,
o Manosca v. Court of Appeals, 252 SCRA 412 (1996)
2015
o Estate of Jimenez v. PEZA, G.R. No. 137285, January 16, 2001
o Land Bank of the Philippines vs. Hababag, G.R. No. 172352, Sept.
o Reyes v. NHA, G.R. No. 147511, January 20, 2003 16, 2015

o Didipio v. Earth Savers v. Gozun, 485 SCRA 586 o City of Manila v. Estrada, 25 Phil. 208

o Barangay v. Court of Appeals, 518 SCRA 649 o Manila Railroad v. Paredes, 31 Phil. 118

o Manapat v. Court of Appeals, 536 SCRA 32 o Municipality of Daet v. CA, 129 SCRA 665

3. Just Compensation – o EPZA v. Dulay, 149 SCRA 305

The full and fair equivalent of the property taken; it is the fair market o Maddumba v. GSIS, 182 SCRA 281
value of the property. It is settled that the market value of the
o Meralco v. Pineda, 206 SCRA 281
property is “that sum of money which a person, desirous but not
compelled to buy, and an owner, willing but not compelled to sell, o NPC v. CA, 254 SCRA 577
would agree on as a price to be given and received therefor”.
o Ansaldo v. Tantuico, G.R. No. 170864, February 6, 2007
Just compensation means not only the correct amount to be paid to the
o Wycoco v. Judge Caspillo, G.R. No. 146733, January 13, 2004
owner of the land but also payment within a reasonable time from
its taking [Eslaban v. De Onorio, G.R. No. 146062, June 28, 2001]. o Mactan v. Urgello, 520, SCRA 515
Is the determination of just compensation judicial in nature?
E. Resolution of Disputes as to Valuation What are the requisites of taking under eminent domain?
• De Knecht v. Bautista - 100 SCRA 660 1.) Expropriator must enter a private property;
2.) The entrance into private property must be for more than a
• Manotoc v. NHA - 150 SCRA 89
momentary period;
• Republic v. De Knecht - 182 SCRA 141 3.) The entry into the property should be under warrant or color of
legal authority;
F. Expropriation of Utilities, Landed Estates and Municipal Property 4.) The property must be devoted to a public use or otherwise
• Art. XII, Section 18 informally appropriated or injuriously affected; and
5.) The utilization of the property for public use must be in such a way
• Art. XIII, Section 4 as to oust the owner and deprive him of all beneficial
• Art. XIII, Section 9 enjoyment of the property.

• City of Baguio v. Nawasa, 106 Phil. 114 (1959) There are two general property rights: 1.) use and 2.) enjoyment

• Zamboanga del Norte v, City of Zamboanga, 22 SCRA 1334 (1968) What is the general meaning of “Taking”? Physical disposition of
owner of the property
What must government do first if they find a place they want for a
project? To approach the owner and agree on a price of property. When we speak of taking in eminent domain, it means three
When there is a price, a contract of sale is resorted. Thus, there is no things:
longer a need for the State to coerce the owner to sell his property. 1.) Trespass without actual eviction;
If he doesn’t want to sell his property, State must pass an ordinance *high tension wires example – there is taking because you are
containing the identification and purpose of such property. Next is prevented from using the air space of your property; just
to file an expropriation proceeding before the Court. Just compenstion compensation must be given
– current market value of property. Once it is deposited, the
expropriator can already enter the property. 2.) Material impairment of the value of the property; and
*when land has been flooded; just compensation must be given
If it will be necessary for the government to use its coervice authority –
it can then upon payment of just compensation, forcibly acquire 3.) Prevention of the ordinary use for which the property was
the needed property in order to devote it to the intended public intended
use. *land for planting rice is no longer conducive for its purpose, there
Who can exercise power of eminent domain? ... even public is compensable taking
corporations
If a delegate exercises eminent domain, court can determine *PLDT case
limitation, necessity and correctness of such delegation. If
legislature, the court cannot because it is a political question. There is a difficulty distinguishing whether police power or eminent
domain is exercised.
Police power is pervasive. It can use the other elements as its means because we likewise provide them protection when they reside
to achieve public welfare. (ex. CARP law – purpose is to alleviate here.
standard of living of the landless; police power made use of power of
If one fails to pay his taxes, can he put up the Constitutional
eminent domain)
defense that no person shall be imprisoned for failure to pay debts?
No, taxes are not debts. If a person fails to pay his taxes, he can be
penalized and imprisoned. If a person won’t pay taxes and cannot
TOPIC IV: TAXATION
be imprisoned, no one will pay taxes. Taxes are the lifeblood of the
A. Definition government. Taxes must be paid on time otherwise, there will be
consequential fines and penalties that will be assessed against you
It is the process by which the government, through its legislative in addition to interest.
branch, imposes and collects revenues to defray the necessary
If you were able to obtain debt through fraud, you can be
expenses of the government, and to be able to carry out, in
imprisoned not because you are not able to pay your debt but
particular, any and all projects that are supposed to be for the
because of the fraud or deceit you committed.
common good. Simply put, taxation is the method by which these
contributions are extracted. *BP 22
The difference between license fees and taxes: License fees are
Power of the government to extract contributions from the people in not taxes because they are not meant to raise revenue but only to
order to have funds to serve as the lifeblood of the government and defray the cost of regulation. They are imposed based on police
to be able to run the machinery of the government and provide for power, not taxation. If there is a cost of regulation, that is not
protection, benefits, and services to the people. taxation but police power.

Without taxes collected from the people, the government cannot

continue its operation to provide protection and services to the
people.
C. Who may exercise?

Primarily, the legislature; also: local legislative bodies [Sec. 5, Art.

X, Constitution]; and to a limited extent, the President when granted
B. Nature/Scope of power Purposes of Taxation delegated tariff powers [Sec. 28 (2), Art. VI],

D. Limitations on the exercise

Who may be subjected to taxes? All citizens of the Philippines
whether living in the Philippines or abroad. Foreigners also 1.) Due process of law (Art. III, Sec. 1);
2.) Equal protection clause (Art. III, Sec. 1);
3.) Uniformity, equitability and progressive system of taxation (Art. i) Tax for special purpose [Sec. 29 (3), Art. VI]: Treated
VI, Sec. 28); as a special fund and paid out for such purpose only;
4.) Non-impairment of contracts (Art. III, Sec. 10); when purpose is fulfilled, the balance, if any, shall be
5.) Non-imprisonment for non-payment of poll tax (Art. III, Sec. 20); transferred to the general funds of the Government. See:
6.) Revenue and tariff bills must originate in the House of Osmena v. Orbos, 220 SCRA 703.
Representatives (Art. IV, Sec. 24);
7.) Non-infringement of religious freedom (Art. III, Sec. 4); 4. Double Taxation.
8.) Delegation of legislative authority to the President to fix tariff
taxes, import and export quotas, tonnage and wharfage dues; Additional taxes are laid on the same subject by the
9.) Tax exemption of properties actually, directly, and exclusively same taxing jurisdiction during the same taxing period and for the
used for religious, charitable and educational purposes (NIRC, same purpose.
Sec. 30); See: Punzalan v. Municipal Board of Manila, 95 Phil 46.
10.) Majority vote of all the members of Congress required in
case of legislative grant of tax exemption; a) Despite lack of specific constitutional prohibition, double taxation
11.) Non-impairment of SC’s jurisdiction in tax cases; will not be allowed if the same will result in a violation of the
12.) Tax exemption of revenues and assets of, including equal protection clause.
grants, endowments, donations or contributions to educational
institutions (Art. VI of the 1987 Constitution, Sec. 28 [3]) 5. Tax Exemptions. Requisite: No law granting any tax exemption
shall be passed without the concurrence of a majority of all the
a) Due process of law: tax should not be confiscatory. Members of Congress [Sec. 28 (4), Art. VI, Constitution].
i) With the legislature primarily lies the discretion to
determine the nature, object, extent, coverage and situs of a) Sec. 28 (31 Art. VI: Charitable institutions, churches and
taxation. But where a tax measure becomes so parsonages or convents appurtenant thereto, mosques, non-
unconscionable and unjust as to amount to confiscation of profit cemeteries, and all lands, buildings and improvements,
property, courts will not hesitate to strike it down, for despite actually, directly and exclusively used for
all its plenitude, the power to tax cannot override religious, charitable or educational purposes shall be exempt
constitutional prescriptions. This postulate, however, has not from taxation.
been demonstrated in the challenge to the constitutionality of b) Sec. 4 (3) Art. XIV: All revenues and assets of non-stock,
the Simplified Net Income Taxation Scheme (SNITS) [Tan v. non-profit educational institutions used actually, directly and
del Rosario, 237 SCRA 324]. exclusively for educational purposes shall be exempt from taxes
and duties, x x x Proprietary educational institutions, including
b) Equal protection clause: Taxes should be uniform and
those co-operatively owned, may likewise be entitled to such
equitable [Sec. 28 (1), Art. VI].
exemptions subject to the limitations provided by law including
c) Public purpose. See: Pascual v. Secretary of Public Works restrictions on dividends and provisions for reinvestment.
and Communications, infra.. c) Sec. 4 (41 Art. XIV: Subject to conditions prescribed by law,
ail grants, endowments, donations, or contributions used
 actually, directly and exclusively for educational purposes shall
be exempt from tax. b) Kinds of license fee
d) Where tax exemption is granted gratuitously, it may be i) For useful occupations or enterprises.
revoked at will; but not if granted for a valuable consideration. ii) For non-useful occupations or enterprises. When a license
See Mactan Cebu International Airport Authority v. Marcos, 261 fee is imposed in order to discourage non-useful occupations or
SCRA 667; Casanova v. Hord, 8 Phil 125; Lladoc v. enterprises, the amount imposed may be a bit exorbitant
Commissioner of Internal Revenue, 14 SCRA 292. [Physical Therapy Organization v. Municipal Board of Manila,
infra.].
6. Police Power v. Taxation.
7. Supremacy of the national government over local governments in
taxation.
In Gerochi v. Department of Energy, G.R. No. 159796, July 17,
2007, the Court made a conservative and pivotal distinction When local governments invoke the power to tax on national
between police power and taxation, holding that the distinction rests government instrumentalities, the exercise of the power is construed
in the purpose for which the charge is made. If generation of strictly against local governments. The rule is that a tax is never
revenue is the primary purpose and regulation is merely incidental, presumed and there must be clear language in the law imposing the
the imposition is a tax; but if regulation is the primary purpose, the tax [Manila International Airport Authority (MIAA) v. Court of Appeals,
fact that revenue is incidentally raised does not make the imposition G.R. No. 155650, July 20, 2006], In this case, the Supreme Court ruled
a tax. Thus, the Supreme Court concluded that the Universal that airports, lands and buildings of MIAA are exempt from real estate
Charge imposed under Sec. 34 of the EPIRA is an exaction that tax for the following reasons:
invokes the State’s police power, particularly its regulatory
dimension, gleaned from Sec. 34 itself which enumerates the (a) MIAA is not a government-owned or –controlled corporation but
purposes of the Universal Charge which can be amply discerned as an instrumentality of the National Government; and (b) the real
regulatory in character. properties of MIAA are owned by the Republic of the Philippines,
and thus, exempt from local taxation.
a) License fee v. Tax E. Double Taxation
i) License fee is a police measure; tax is a revenue measure.
ii) Amount collected for a license fee is limited to the cost of It means taxing the same party twice when it should be taxed only
permit and reasonable police regulation [except when the once; that is, “taxing the same person twice by the same jurisdiction
license fee is imposed on a non-useful occupation, as in for the same thing.” It is obnoxious when the taxpayer is taxed
Physical Therapy Organization v. Municipal Board of Manila, twice, when it should be once. Otherwise described as “direct
infra.]; amount of tax may be unlimited provided it is not duplicate taxation”, the two taxes must be imposed on the same
confiscatory. subject matter, for the same purpose, by the same taxing authority,
iii) License fee is paid for the privilege of doing something, and within the same jurisdiction, during the same taxing period; and the
may be revoked when public interest so requires; Tax is taxes must be of the same kind or character. (City of Manila v.
imposed on persons or property for revenue. See: Compania Coca-Cola Bottlers Philippines, G.R. No. 181845, August 4, 2009)
General de Tabacos v. City of Manila, 8 SCRA 367.
 Not prohibited by the Constituion but if onerous, it would be CASE:
violative of the equal protection clause.
• China Banking Corp. vs. City Treasurer of Manila, G.R. No. 204117,
July 1, 2015
CASES:
• Tan v. Del Rosario, G.R. No. 109289, October 3, 1994
THE BILL OF RIGHTS: CONSTITUTIONAL PROTECTION 
• MIAA v. CA, G.R. No. 155650, July 20, 2006
**Introduction: 
• Ferrer vs. Bautista, G.R. No. 210551, June 30, 2015 Philippine Constitution, Art. III 
Republic v Sandiganbayan, G.R. No. 104768 (2003) 
Philippine Blooming Mills Employee Organization v
F. Due Process and Taxation Philippine Blooming Mills (1973) Stonehill v Diokno (1967) 
Central Bank v Morfe, 20 SCRA 507 
From the procedural viewpoint, due process does not require Ocampo v Enriquez. GR No. 225973 (2016) 
previous notice and hearing before a law prescribing fixed or People v Marti, GR No. 81561 (1991) 
specific taxes on certain articles may be enacted. But where the tax Yrasegui v PAL, GR No. 168081 
to be collected is entitled to be notified of the assessment
proceedings and to be heard therein on the correct valuation to be
Bill of Rights
given the property.
- Set of prescriptions arising setting forth the fundamental, civil, and
CASES: political rights of the individual, and imposing limitations on the
powers of the government as a means of securing the enjoyment of
• Commissioner of Internal Revenue vs. Petron Corp., G.R. No.
those rights.
185568, March 21, 2012
- The Bill of Rights guarantee governs the relationship between the
• Double Taxation/Tax Exemptions individual and the State. Its concern is not the relation between
private individuals. What it does is to declare wsome forbidden
Tax exemptions may either be-
zones in the private sphere inaccessible to any power holder.
1.) Constituional; or (People v. Marti)
Requisite: actual, direct, and exclusive use by educational and - The Bill of Rights cannot be invoked against private individuals. In
charitable institutions, and religious organizations [Sec. 28(3), Art. the absence of governmental interference, the liberties guaranteed
VI of 1987 Constitution) by the Constitution cannot be invoked. Put differently, the Bill of
Rights is not meant to invoked against acts of private individuals.
2.) Statutory (Yrasegui v. PAL)
It has to be passed by majority of all the members of the Congress
(Art. VI., 1987 Constitution, Sec. 28 (4)] a) Civil Rights. Those rights that belong to every citizen of the
state or country, or, in a wider sense, to all its inhabitants, and are
 not connected with the organization or administration of “persons” within the scope of the guarantee insofar as their property is
government. They include the rights to property, marriage, equal concerned. (South Bell & Co. v. Natividad)
protection of the laws, freedom of contract, etc.. They are rights
appertaining to a person by virtue of his citizenship in a state or D. Meaning of Life, Liberty and Property 
community. Such term may also refer, in its general sense, to rights
capable of being enforced or redressed in a civil action. ' Life – The right to life is not merely a right to the preservation of life but
also to the security of the limbs and organs of the human body against any
b) Political Rights. They refer to the right to participate, directly or unlawful harm. This constitutional guarantee includes the right of an
individual to pursue a lawful calling or occupation; to express, write or
indirectly, in the establishment or administration of government,
even paint his ideas for as long as he does not unlawfully trasngress the
e.g., the right of suffrage, the right to hold public office, the right to
rights of others; to exercise his freedom of choice, whether this is in the
petition and, in general the rights appurtenant to citizenship vis-a- area of politics, religion, marriage, philosophy and employment or even in
vis the management of government [Simon v. Commission on the planning of his family; and in general, to do and perform any lawful act
Human Rights, G.R. No. 100150, January 5, 1994]. 2 or activity which, in his judgement, will make his life worth living. (Suarez,
2016)

Liberty – It is not only the right of a citizen to be free from the mere
TOPIC V: Due Process  physical restraint of his person, as by incarceration, but the term is
Art. III, Sec. 1  deemed to embrace the right of the citizen to be free in the engagement of
What is “due” under this clause? Why are Impartial Arbiters needed for due all his faculties: to be free to use them in all lawful ways. (Allegeyer v.
process?   Louisianna)
Life, liberty, and property and equal protection?
Property – It refers to things which are susceptible of appropriation and
A. Origin  which are already possessed and found in the possession of man.
(Suarez, 2016)
No person shall be deprived of life, liberty, and property without due
process of the law, now shall any person be denied the equal protection of What properties are covered?
the laws (Art. III, Sec. 1) - Real (house, land, etc.) and personal properties (phone, car,
clothes, etc.)
- Intellectual property
B. Definition 
2 Kinds of Due Process:
C. Who are Protected  1.) Procedural
2.) Substantive due process
All persons, whether citizens or aliens, without regard to any differences of - There must be a valid regulation of one’s life.
race, religion, color or nationality, are protected under the due process
clause. Private corporations legally existing within the Philippines are
Right to due process -
 • Buck v. Bell, 274 U.S. 200 
• Rubi v. Provincial Board of Mindoro, 39 Phil 660   - Coast Hotel vs. Parish (?)
• Torraco v. Thompson, 263 U.S. 197]   - Spouses demanded that they be paid additional work hours that
they performed and hotel refused
E. The Lochner Doctrine - Lochner v. New York, 198 US 45 (1905)   - A law providing for minimum wage started

“No State can deprive any person of life, liberty or property without due
process of law. The right to purchase or to sell labor is part of the liberty ● United States v. Carolene Products Co. (U.S. 1938) – What is
protected by this amendment unless there are circumstances which “Footnote Four”?  
exclude the right.”
- Footnote Four test acknowledged that the judiciary would
- Bakeshop Act of 1895 was passed. Employees were exposed to defer to legislative unless there is a discrimination against a
work hazards in the bakery. discreet or minority … of a fundamental right
- There were working conditions they wanted to address by coming - 2 standards of judicial review: strict scrutiny for laws
up with legislation. This Act provides that the employers employing involving freedom of the mind and rational basis
bakers for more than 10 hrs a day or more than 60 hours per week standard/test – review of economic legislation
would be considered as violators of this law.
- Is it an exercise of police power? Yes, it regulates liberty (liberty to ● Wiliamson v. Lee Optical Co. (U.S. 1955) – How can laws
enter freely into a contract) for the promotion of general welfare. survive a Due Process  challenge?  
- Bakers will no longer be allowed to work longer for 10 hours.
- Lochner was chaged with the violation of this law; that it was a G. Procedural Due Process  
violation of the due process clause (refer to paragraph above)
- Court of NY said that that law providing for a limitation on the Refers to the regular methods of procedure to be observed before one’s
number of work hours for bakers violated the due process clause life, liberty, and property can be taken away from him. Simply stated, it
arguing that it interferes with the right of the individual to contract means that the procedure to be observed must be fair. It is a guarantee to
- In 1987, ghost hotel vs parish overturned Lochner Doctrine obtain a fair trial in a court of justice according to the mode of proceeding
applicable to each case. This includes not only courts of justice but also
● Public Interest Concerns of the States (Contract Clause any and all administrative boards, bodies or tribunals.
and Due Process)  
● The New Deal Crisis and the Court’s Initial Reaction to 1. Publication as part of Due Process- Can a law be made effective
Federal Legislation   and enforceable  absent its publication?  
● Political and Economic Theories to the Lochner Doctrine  
that publication is indispensable in every case, but the legislature may
● FDR Threatens to “Pack the Court” - West Coast Hotel v.
in its discretion provide that the usual fifteen-day period shall be
Parrish 300 U.S. 379 (“The  Switch in Time that Saved Nine”)  
shortened or extended. The clause "unless it is otherwise provided"
refers to the date of effectivity and not to the requirement of publication
itself, which cannot in any event be omitted. The reason is that such
F. The Modern Doctrine of Economic Due Process 
 omission would offend due process insofar as it would deny the public - Notice and hearing are twin requirements generally for procedural
knowledge of the laws. due process
- Once he has been given an opportunity to be heard and a decision
has been rendered, does he always have a right to appeal? If not,
o Tanada v. Tuvera, 146 SCRA 446( 1986)   would that be a right to due process? Appeal is not essential to due
o PITC v. Angeles, 263 SCRA 421 (1996)  process. There is no violation of right to due process even if the
o Republic v. Extelcom, G.R. No. 147096, January 15, 2002 person is not allowed to appeal because once the person has been
given an opportunity to be heard, he cannot demand that he be
given another opportunity to be heard. When given an opportunity
 Difference: Substantive - restriction of the government's rule making power; to be heard, due process has been served. However, if a right to
procedural - restriction on actions of judicial and quasi-judicial agencies of due process has been provided for by law and he is denied that
the government right to appeal, that will amount to violation of his right to due
process.
2. Judicial Proceedings – What is due process in court proceedings? - Right to appeal under the Constitution: Appellate jurisdictopn of SC
- instanceswhen they can review on appeal decisions of lower
The common requirement to be able to conform to due process is fair
courts, appeal when the decision rendered is reclusion perpetua or
play, respect for justice and respect for the better rights of others. In
higher, in cases where constitutionality of a tax or levy, jurisdiction
accordance with the standards of due process, any court at any particular
of lower court is an issue, error of law is involved
time, will be well guided, instead of being merely confined strictly to a
- Statute: creation of lower courts was made by the legislature; when
precise definition which may or may not apply in every case.
legislature creates these courts, they provide for jurisdiction and
4 requisites: remedy on appeal
- Even when there is a right to appeal, if the person did not avail of it
or he did not avail of it on time and he lost that opportunity to
a. An impartial (independent and perceived as impartial; no appeal, there Is no violation of the right to appeal
bias or prejudice in deciding cases) court or tribunal - Judgements of lower courts – can be reviewed, revised, reversed,
clothed with judicial power to hear and  determine the modified, or affirmed
matter before it.   - Supposed there is no appeal provided for by law, is there still
remedy for you to have decision be reversed by any tribunal?
b. Jurisdiction (power to hear and decide cases; constitution and Through certioari. When there is no appeal that is available but you
laws/statutes give such power; constitution (SC); other courts are can demonstrate that such decision has been breached with great
not found in constitution but are provided for in a law passed by abuse of discretion made it excess or lack of jurisdiction.
congress) must be lawfully acquired over the person of the
defendant and  over the property which is the subject matter of
the proceeding.   d. Judgment must be rendered upon lawful hearing  
- There are instances when judge may inhibit himself (when the
c. The defendant must be given an opportunity to be heard. judge has pecuniary interest, party to the case is his wife, child,
- In personam vs. in rem cases (court need not to acquire over etc.)
person, just the property subject of the case or litigation)
 - Any proceeding conducted when the court did not acquire Procedural
jurisdiction over defedant of the case, that defendant is not bound
by the proceedings of that court moreso, the decision of that court - Distinction must be made between judicial due process and
administrative due process
3. Appeal and Due Process  - Requirements for deportation proceedings
o Tropical Homes, Inc. v. NHA, 152 SCRA 540]  
o Alba v. Nitorreda, 254 SCRA 753,   Administrative Quasi-Judicial Proceedings
3. Preliminary Investigation and Due Process  - Ang Tibay case (requisites)
- Not a constitutional right; merely a statutory right but denial to There must be substantial evidence to support the decision. That
prelim investigation is a denial of due process decision must be made independent of what his subordinates or
others might say.
o Serapio v. Sandiganbayan, G.R. No. 148468, January 28, - Respondent is not entitled to the investigation report which is used
2003   as a basis for the decision and there is no violation to the right of
o Budiongan v. De la Cruz, G.R. No. 170288, September 22, due process; he is only entitled to the decision
2006  
o Benedicto v. Court of Appeals, G.R. No. 125359, Academic Discipline
September 4, 2001]  o People v. Lagao, G.R. No.
118457, April 8, 1997   - Manual of regulations of schools provide for academic discipline of
o Go v. Court of Appeals, 206 SCRA 138   students
o Yusop v. Sandiganbayan, G.R. No. 138859-60, February 22, - These proceedings were based on jurisprudence
2001   - A case may be filed simultaneously in court and administrative
o Victor Jose Tan Uyv. Office of the Ombudsman, G.R. Nos. 156399- bodies because they are different bodies
400, July 27,  2008  
Deportation Proceedings
5. Other Cases: … - Aliens will be deported to their country of origin or surrendered to
those requesting that they be submitted to their jurisdiction
Substantive due process - Grounds (refer to cases) ex.) Overstaying (expired visa),
undocumented person (no valid passport or document), fugitive
- the law is intrinsically valid only when it has a goal or objective for from justice (passport is cancelled or wanted by international police
purposes of general welfare; it is not a question whether the law is or foreign embassy),
being implemented properly; rather whether the law is valid - Is it a violation of right to travel when one is denied a visa? No.
interference of life, liberty, and property of individual
Foreign states have a right to determine who will be allowed to
- Talks about exercise of police power enter their territory because it is merely a privilege
- 2 tests to determine validity of exercise of police power – same - There is always a requirement for due process; judicial process in
thing to apply to determine due process (lawful subject - the form of deportation proceedings
substantive and lawful means – procedural)
Termination Proceedings - Those appeals …
- If appeal is provided for by Consti or statute, denial of such appeal
- Twin Notice Rule (notice and hearing)
is denial of his right to due process unless that the appeal was not
- In termination or discipline of workers, first is issuance of show
availed of on time, then there is likewise no violation of the right to
cause order (giving opportunity to explain why you should not be
appeal.
administratively charged) and
- NLRC The right to due process is personal. Violation of due process can only
- When there is violation of the right of an employee where he was be invoked whose right to due process has been violated. It can also
dismissed and the case has been resolved only after 10 years, be waived.
backwages (up to 3yrs only) and reinstatement (if not possible,
There are instances when notice and hearing requirement is not
penalty will be added); If there is a valid cause of his dismissal but
necessary without violating right to due process. (cancellation of
his right to procedural due process has been violated or denied, he
passport (for fugitives), preventive suspension of a civil servant facing
can be dismissed and a penalty only of a certain amount on
administrative charge (preventive suspension for admin offense is diff
account of the count of due process
from suspension as a penalty imposed after proceedings), restraint of
Equal Protection Clause properties for tax delinquencies, padlocking of restaurants found to be
unsanitary)
- Due process is against discrimination
- Equal protection is used to cut arbitrariness Presumptions:
- No person shall be denied of the equal protection of laws 1.) Disputable
- Strike but hear me first 2.) Conclusive
- Persons or things belonging to the same class must be treated
alike with regards to rights and obligations imposed; there is a need Judgement will be rendered only after complying with competent and
for classification – grouping of persons possessing in impartial court, jurisdiction over the person of the defedant or property
characteristics and different from others that is the subjefct of the case, and hearing. After hearing, judgement
- What if all people are treated in the same way? No, it may result to will be rendered. In the decision rendered, there must be an
explanation of the facts, legal basis, and application of law.
inequality.
Administrative Due Process
Submission of evidence with supporting documents and papers. Such
evidence must be considered by the court.
The Supreme Court is not a trier of facts. It is there to interpret the
law. Should that there be an assignment of alleged error by a There should also be the discussion as to the basis of that decision.
lower court in the rendition of a decision of a case, it can decide
on that matter.
Statutory appeal
*For due process, it does not require at all times trial by proceeding. It Executive determination vs. judicial determination of probable
can also be satisfied by mere submission of affidavits, positions cause
papers, etc.
When a complaint is filed against a person, generally because there is
a right accorded by the statute on preliminary investigation. The
prosecutor conducts prelim investigation. If he finds probably cause, he
Equal Protection Clause
will file corresponding case in court.
- Discrimination
Probable cause would be such evidence or such facts which in
- Demands that not all people would be treated using the same themselves would make the prosecutor believe that the respondent
standard because that would result in discrimination, only those that he might be guilty and must stand trial.
similarly situated must be treated alike
- When do we know when people or things are similarly situated? Once the prosecutor finds that there is probably cause, he will file
Only through classfication (grouping of persons or things which are information or complaint. Upon receipt, the judge will have to make an
alike as to a particular characteristics and diff from the others on the evaluation of the report submitted by the prosecutor. It is here where
same characteristic) the judge will personally determine the existence of probable cause. It
- How do we know if classification is not arbitrary? 4 requisites: 1.) is not mandatory at all on the part of the judge to personally examine
substantial; 2.) germane to the purpose of the law; 3.) must not only the complainant or witnesses that he may produce.
be applicable to present conditions; 4.) members of the same class The duty of the judge is to personally determine the existence of
must be treated alike probable cause. It is not mandatory on the part of the judge to examine
the complainant or witnesses. It is not for the judge to merely rely on
*Quisumbing (?) case the prosecutor’s finding on probable cause.
*Ormoc City Sugar Company (?) case
How does the judge determine the existence of probable cause?
*Franking Privilege Basis: Once the report of the prosecutor which is accompanied by his
resolution, judge will personally review the documents, affidavits, etc. If
the judge by going through the record and finds personally that indeed
Probable cause there is the existence of probable cause, he will issue the warrant of
Such facts and circumstances antecedent to the issuance of a warrant arrest. If none, he will dismiss the case. If he is doubtful, he can ask for
the submission of additional evidence or affidavits where he will again
Characteristics of these facts and circumstances: Must be in satisfy himself as to the existence of probable cause before he issues
themselves sufficient to induce a reasonable man to believe that a a warrant of arrest.
crime has been committed and these facts and circumstances will lead
into an act pursuant thereto How much evidence must be aduced already from the
prosecutor? It should be more than bare suspicion but should not also
Who would initially determine probable cause? Probable cause is be facts that would be clearly to procure conviction.
initially determined by
 Why should a warrant of arrest be issued? In order that the accused Is there a crime that may be filed against a peace officer conducting a search
will immediately be put under the custody of the law. If not, that will without a warrant? WARRANTLESS SEARCH
result in the frustration of justice.
issuance of Illegal Warrant
*Judge will be burdened with duty or function of still examining
Abuse in service of illegal warrant
personally complainants and witnesses for him to be able to arrive at
probable cause. Search warrant must be described in a manner that the person implementing
it will not get confused on the object mater or place to be searched.
Ex. A search warrant issued and served, but object was not found. The public
Requisite of a Valid Warrant
officer went to the other house and found he subject matter.
- Can that be admitted as evidence? NO. The areas to be searched should be
3. Determination must be made after examination under oath or the only place to be searched.
affirmation of the complainant and the witness he may produce
- searching question and answer.
- the evidence offers of the complainant and his witness must be based on
PROPERTIES SUBJECT TO SEIZURE
their personal knowledge

- Rule 126 Section 2, of the Rules of Court

It should not be a hearsay. Basing from a personal knowledge. The affidavit
or allegation must be drawn in such a way that the affiant/applicant can be a. Properties subject to the offense
charged with perjury (statement under oath) if he’s allegation statements are
true. b. Property stolen or embezzled

4. It must particularly describe the place to be searched and persons or ADMISSIBILITY OF EVIDENCE
things to be seized.
Relevance: Particular describing, there must be a specific description of the - Articles illegally seized are not admissible as evidence (exclusionary rule)
place to be searched, the object or subject matter to be searched and nothing
more.
Objects found in the course of the search not found in the warrant, can that Inadmissible evidence that are the only evidence provided in court that can be
object be taken? YES because they are illegal. used to determine his innocence, then the accused can be acquitted.
Is the right against unreasonable search and seizure, subject to waiver? YES, Disposition of Cases, Privilege against Self-Incrimination and Double
any right is subject to waiver. Jeopardy
- Hence evidence obtained against a person in violation against his right Read: Art. III, Section 11 …
against search and seizure, was not objected prior to arraignment of the
accused, then the accused waived his right and evidence will now be Free access to the courts and quasi-judicial bodies and adequate legal
admitted. assistance shall not be denied to any person by reason of poverty.

in relation to Art. VIII, Sec. 5, Par. 5

On the basis of duly issued warrant by the Court. - Only the court can issue Section 5. The Supreme Court shall have the following functions:
warrants for the purpose of criminal prosecution.
xxx
- there are other gov’t entities that can issue arrest warrants
(5) Promulgate rules concerning the protection and enforcement of
* EX. DEPORTATION PROCEEDING
constitutional rights, pleading, practice, and procedure in all courts, the
admission to the practice of law, the integrated bar, and legal assistance to
WARRANTLESS SEARCHES AND SEIZURES the underprivileged. Such rules shall provide a simplified and inexpensive
procedure for the speedy disposition of cases, shall be uniform for all courts
of the same grade, and shall not diminish, increase, or modify substantive
1. Consented Search rights. Rules of procedure of special courts and quasi-judicial bodies shall
2. Search incident to a valid arrest remain effective unless disapproved by the Supreme Court.
Art. III, Section 12

(1) Any person under investigation for the commission of an offense shall

have the right to be informed of his right to remain silent and to have

competent and independent counsel preferably of his own choice. If the

person cannot afford the services of counsel, he must be provided with one.

These rights cannot be waived except in writing and in the presence of

TOPIC VIII: Free Access to Courts and Other Bodies, Custodial counsel.
Investigation, Right to Bail, Rights of the Accused, Right to Speedy
(2) No torture, force, violence, threat, intimidation, or any other means which (2) In all criminal prosecutions, the accused shall be presumed innocent until

vitiate the free will shall be used against him. Secret detention places, solitary, the contrary is proved, and shall enjoy the right to be heard by himself and

incommunicado, or other similar forms of detention are prohibited. counsel, to be informed of the nature and cause of the accusation against

him, to have a speedy, impartial, and public trial, to meet the witnesses face
(3) Any confession or admission obtained in violation of this or Section 17
to face, and to have compulsory process to secure the attendance of
hereof shall be inadmissible in evidence against him.
witnesses and the production of evidence in his behalf. However, after

(4) The law shall provide for penal and civil sanctions for violations of this arraignment, trial may proceed notwithstanding the absence of the accused

section as well as compensation to and rehabilitation of victims of torture or provided that he has been duly notified and his failure to appear is

similar practices, and their families. unjustifiable.

Art. III, Section 13

All persons, except those charged with offenses punishable by reclusion

perpetua when evidence of guilt is strong, shall, before conviction, be bailable Art. III, Section 16
by sufficient sureties, or be released on recognizance as may be provided by
All persons shall have the right to a speedy disposition of their cases before
law. The right to bail shall not be impaired even when the privilege of the writ
all judicial, quasi-judicial, or administrative bodies.
of habeas corpus is suspended. Excessive bail shall not be required.
Art. III, Section 17

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

Art. III, Section 14

(1) No person shall be held to answer for a criminal offense without due
Guide Questions:
process of law.
Why do the accused have so many rights when the State wants to
prosecute them?
Why are criminals presumed to be innocent even if caught in the act?
How can these rights claim to protect those who do not engage in Under the circumstances, the CA grossly erred in annulling and setting aside
criminal activities? the judgment of the RTC based solely on the non-payment of the filing fees
It is true that the non-payment of the filing fees usually prevents the trial court
from acquiring jurisdiction over the claim stated in the complaint But for the
A. Free Access to Courts and Other Bodies
CA to annul the judgment rendered after trial based solely on such non-
This is a social justice provision, implemented by the Rules of Court provision payment was not right and just considering that the non-payment of the filing
allowing “pauper suits”. Note the additional guarantee of “adequate legal fees had not been entirely attributable to the plaintiff alone.
assistance”. Read also par. 5, Sec. 5, Art. VIII.
At any rate, Pangcatan was represented from the start by the Public
• (Art. III, Sec. 11) Attorney's Office (PAO). The exemption of the clients of the PAO like him
from the payment of the legal fees was expressly declared by law for the first
time in Republic Act No. 9406, particularly its amendment of Section 16-D of
the Administrative Code of 1987, as follows:
Section 16-D. Exemption from Fees and Costs of the Suit.- The clients of the
PAO shall be exempt from payment of docket and other fees incidental to
• Pangcatan v. Maghuyop, G.R. No. 194412, 16 November 2016 instituting an action in court and other quasi-judicial bodies, as an original
Issues: proceeding or on appeal. The costs of the suit, attorney's fees and contingent
fees imposed upon the adversary of the PAO clients after a successful
The issue is whether or not the Court of Appeals (CA) justifiably annulled and litigation shall be deposited in the National Treasury as trust fund and shall be
set aside the judgment of the Regional Trial Court (RT) in favor of the plaintiff disbursed for special allowances of authorized officials and lawyers of the
on the ground that the RTC had not received evidence showing said party's PAO.
being an indigent litigant exempt from the payment of filing fees.
Later on, the Court Administrator removed the conditions prescribed under
Ruling: OCA Circular No. 67-2007 by issuing Circular No. 121-2007.
The rule in this jurisdiction is that when an action is filed in court, the Since then until the present, all clients of the PAO have been exempt from the
complaint must be accompanied by the payment of the requisite docket and payment of docket and other fees incidental to instituting an action in court
filing fees whether as an original proceeding or on appeal.
Section 1, Rule 141[18] of the Rules of Court expressly requires that upon the The exemption of clients of the PAO from the payment of the legal fees under
filing of the pleading or other application that initiates an action or proceeding, Republic Act No. 9406 and OCA Circular No. 121-2007 was not yet a matter
the prescribed fees for such action or proceeding shall be paid in full. If the of law at the time Pangcatan initiated Civil Case No. 1888-02 on September
complaint is filed but the prescribed fees are not paid at the time of filing, the 4, 2002. Yet, we cannot avoid applying the exemption in his favor for
courts acquire jurisdiction only upon the full payment of such fees within a purposes of this case.
reasonable time as the courts may grant, barring prescription.

B. Custodial Investigation
1. Rights During Custodial Investigations whereby the suspect orally admitted having committed the offense.
Neither can it apply to admissions or confessions made by a suspect
• Miranda v. Arizona, 384 US 436 (1966)
before he was placed under custodial investigation.
Miranda Doctrine. [Sec. 12. Art. Ill: “(1) Any person under investigation for the
a.) Under R.A. 7438, “custodial investigation” shall include the practice
commission of an offense shali have the right to be informed of his right to
of issuing an “invitation” to a person who is investigated in connection
remain silent and to have competent and independent counsel preferably of
with an offense he is suspected to have committed, without prejudice
his own choice. If the person cannot afford the services of counsel, he must
to the liability of the “inviting” officer for any violation of law.
be provided with one. These rights cannot be waived except in writing and in
the presence of counsel. (2) No torture, force, violence, threat, intimidation, or b.) A police line-up is not considered a part of any custodial inquest,
any other means which vitiates the free will shall be used against him. Secret because it is conducted before that stage of investigation is reached
detention places, solitary, incomunicado, or other similar forms of detention [People v. Bravo, G.R. No. 135562, November 22, 1999], People v.
are prohibited. (3) Any confession or admission obtained in violation of this or Amestuzo, G.R. No. 104383, July 12, 2001, reiterates this rule,
Section 17 hereof shall be inadmissible in evidence against him. (4) The law because in a police line-up, the process has not yet shifted from the
shall provide for penal and civil sanctions for violations of this section, as well investigatory to the accusatory stage, and it is usually the witness or
as compensation to and rehabilitation of victims of torture or similar practices, the complainant who is interrogated and who gives a statement in the
and their families. ”] course of the line-up. In People v. Piedad, G.R. No. 131923, December
5, 2002, it was held that the right to counsel accrues only after an
investigation ceases to be a general inquiry into an unsolved crime and
1.) The rights guaranteed in Sec. 12, Art. Ill, exist only in “custodial commences an interrogation aimed at a particular subject who has
investigation” or “incustody interrogation of accused persons” [People been taken into custody and to whom the police would now propound
v. Judge Ayson, 175 SCRA 216], which has been defined as “any questions. Thus, in People v. Dagpin, G.R. No. 149560, June 10, 2004,
questioning initiated by law enforcement officers after a person has where three eyewitnesses identified the accused at the police station
been taken into custody or otherwise deprived of his freedom of action as the person who shot the victim at the scene of the crime, the
in any significant way”. The rule begins to operate at once as soon as accused cannot claim that he was deprived of his constitutional rights
the investigation ceases to be,a general inquiry into an unsolved crime, even if he was without counsel at the time, because he was not yet
and direction is then aimed upon a particular suspect who has been then under custodial investigation.
taken into custody and to whom the police would then direct
ii) An out-of-court identification may be made in a “show-
interrogatory questions which tend to elicit incriminating statements
up” (where the accused is brought face to face with the witness for
[People v. de la Cruz, G.R. No. 118866-68, September 17, 1997]. In
identification), or in a “police line-up” (where the suspect is identified by
De la Torre v. Court of Appeals, G.R. No. 102786, August 14, 1998, it
a witness from a group of persons gathered for that purpose). During
was reiterated that the Miranda rights apply only from the moment the
custodial investigation, these types of identification have been
investigating officer begins to ask questions for the purpose of eliciting
recognized as “critical confrontations of the accused by the
admissions, confessions or any information from the accused. Thus, in
prosecution”, necessitating the presence of counsel for the accused.
People v. Baloloy, G.R. No. 140740, April 12, 2002, it was held that
This is because the result of these pre-trial proceedings “might well
this guarantee does not apply to a spontaneous statement, not elicited
settle the fate of the accused and reduce the trial to a mere formality”.
through questioning by the authorities but given in an ordinary manner
 Thus, any identification of an uncounseled accused made in a police a) To remain silent. If the suspect refuses to give a statement,
line-up or in a show-up after the start of custodial investigation is no adverse inference shall be made from his refusal to answer
inadmissible in evidence against him [People v. Escordial, supra.]. questions.
b) To competent and independent counsel [preferably of his
own choice] at all stages of the investigation [People v. Hassan,
c) Investigations not considered custodial interrogation. A
157 SCRA 261; People v. Layuso, 175 SCRA 47]. If he cannot afford
person under normal audit investigation is not under custodial
the services of counsel, he must be provided (by the Government) with
investigation, because an audit examiner can hardly be deemed to be
one. ib) When the accused is brought to the police station only to be
the law enforcement officer contemplated in the rule [Navallo v.
identified by a witness, technically, he is not yet under custodial
Sandiganbayan, 234 SCRA 175].
investigation [People v. Hatton, 210 SCRA 1], Thus, in People v.
i) In People v. Endino, G.R. No. 133026, February 20, 2001, the Buntan, 221 SCRA 421,
Supreme Court ruled that the admission of the videotaped confession
ic) The right to counsel is not required in a police line-up,
is proper. The interview was recorded on video and it showed accused
inasmuch as police line-up is not part of the custodial inquest. Neither
unburdening his guilt willingly, openly and publicly in the presence of
may this right be invoked when the suspect is given a paraffin test, as
newsmen. Such confession does not form part of custodial
he is not yet under custodial investigation [People v. de Guzman, 224
investigation as it was not given to police officers but to media men in
SCRA 93; People v. Lamsing, 248 SCRA 471], The suspect is likewise
an attempt to solicit sympathy and forgiveness from the public. There
not entitled to the Miranda rights when he is merely photographed or
was no showing that the interview was coerced or against his will.
paraffin-tested.
However, because of the inherent danger in the use of television as a
medium for admitting one’s guilt, courts are reminded that extreme
caution must be taken in further admitting similar confessions.
ii) Spontaneous statements, or those not elicited through
questioning by law enforcement officers, but given in an ordinary
manner where the appellant verbally admits to having 2. Custodial Investigation - When is there custodial investigation?
committed the offense, are admissible [People v. Guillermo,
G.R. No. 147786, January 20, 2004]. 3. Administrative Investigations - What are the rights of a person under
administrative investigation?
4. Police Lineup - Is the right to counsel available in police lineup?
d) The rights guaranteed by this provision refer to testimonial
compulsion only [People v. Paynor, 261 SCRA 615]. 5. Investigations not considered custodial interrogation
6. Confession to Newsmen - Would confession to media practitioners
admissible in evidence?
3. What rights are available. The rights under the Miranda Doctrine which a
person under custodial investigation is entitled to are: 7. Other Confessions
8. Re-enactment - Is the presence of a counsel required in the re-enactment benefit of the Miranda warning, which are the subject of paragraph 1 [People
of a crime? v. Vallejo, G.R. No. 144656, May 02, 2002].
9. What rights are available: ** Note that the alleged infringement of the constitutional rights of the accused
during custodial investigation is relevant and material only where an
a. To remain silent
extrajudicial confession or admission from the accused becomes the basis of
b. To Competent & Independent Counsel - Is the right to counsel conviction [National Bureau of Investigation v. Judge Ramon Reyes, A.M. -
absolute in all MTJ-97-1120, February 21, 2000].

phases of the investigation and trial?

Counsel of Choice - Will the proceeding be suspended until the counsel of h. Exclusionary Rule. Confession or admission obtained in violation of
choice is available? Sec. 12 and Sec. 17, Art. Ill, shall be inadmissible in evidence.

**Counsel’s presence required in entire proceedings *Fruit of the poisonous tree

c. To be informed of such rights ** Waiver of the exclusionary rule

d. Rights cannot be waived except in writing and signed bv the person

in the presence of his counsel.
C. Right to Bail
o Sec. 2(d), R.A. 7438
Art. III, Section 13
• Must be in writing and made in the presence of counsel - Sec. 12 (1), Art. Ill]
1. Bail Defined
• No retroactive effect
• Rule 114, Section 1, ROC
• Burden of proof
2. Kinds of Bail
• What mav be waived
• Rule 114, Sections 10, 11, 14 & 15
e. No torture, force, etc., which vitiates the free will shall be used.
3. When right may be invoked; by whom
f. Secret detention places, etc., are prohibited
• The right to bail emanates from the right to be presumed innocent. It is
g. Confessions/admissions obtained in violation of rights are accorded to a person in custody of the law who may by reason of the
inadmissible in evidence. presumption of innocence he enjoys, be allowed provisional liberty upon filing
a security to guarantee his appearance before any court, as required under
* There are two kinds of involuntary or coerced confessions treated in this specific circumstances [People v. Fitzgerald, G.R. No. 149723, October 27,
section, namely (1) coerced confessions, the product of third degree 2006].
methods, such as torture, force, violence, threat and intimidation, which are
dealt with in paragraph 2; and (2) uncounselled statements given without the Any person under detention, even if no formal charges have yet been filed,
can invoke the right to bail
• Exceptions: 03/21/2022
a. When charged with an offense punishable by reclusion perpetua or BAIL
higher and evidence of guilt is strong. There is no such thing as a non-bailable offense or crime.
b. Traditionally, the right to bail is not available to the military. “Evidence of guilt is strong”
4. Bail is either a matter of right, or at the judge’s discretion, or it may be - Must be established by Prosecution (It is their duty to establish
denied [Rule 114, Rules of Court], such guilt
- Is that synonymous with guilt beyond reasonable doubt? No
5. Procedure to Bail
- It may done in a summary proceeding
6. Bail on Appeal - Is bail on appeal available? - Once a petition for bail is applied by the accused, then the court
7. Standards for fixing bail - What are the standards for fixing bail? has the ff duties:
1.) Whether the court is charged with an offense the penalty in
• Rule 114, Section 9 which is reclusion perpetua, he has to present to prosecutor
2.) Court will have to schedule a hearing on the petition for bail
8. Right to bail and right to travel abroad.’.
3.) Judge will determine if indeed there is sufficient evidence that
9. Right to bail and extradition will indicate the strength of the guilt of the accused
● If the evidence of guilt is not strong, does it mean that the
10. Waiver of the right to bail.
finding of the probable cause is not nullified? No
11. Bail and suspension of the privilege of the writ of habeas corpus. ● Supposed the evidence is strong, does it follow that accused
is guilty of the crime charged? No, quantum of proof is guilt
• The right to bail is not impaired by the suspension of the privilege of the writ
beyond reasonable doubt
of habeas corpus [Sec. 13, Art. III].
O. Constitutional Rights of the Accused. fSec. 14, Art. Ill: “(1) No person shall
be held to answer for a criminal offense without due process of law. (2) In all *Estrada case – bail
criminal prosecutions, the accused shall be presumed innocent until the
Accused does not need to present any evidence because the
contrary is proved, and shall enjoy the right to be heard by himself and
accused is presumed innocent.
counsel, to be informed of the nature and cause of the accusation against
him, to have a speedy, impartial and public trial, to meet the witnesses face to All persons except those charged with an offense, the penalty is
face, and to have compulsory process to secure the attendance of witnesses not reclusion perpetua, can he avail of bail? Yes, it’s a matter of
and the production of evidence in his behalf. However, after arraignment, trial right
may proceed notwithstanding the absence of the accused, provided that he
has been duly notified and his failure to appear is unjustifiable.”]
When the offense charged carries a penalty fof reclusion The right to bail shall not be denied to a person even when writ
perpetua, court’s discretion to determine whether or not of privilege of habeas corpus is suspended,
evidence is strong
Immediate release of person if no reasonable ground for his
When is it a matter of right on the part of ther accused? detention
Bail is available only to those who are detained *When can Pres suspend privilege of writ of habeas corpus?
Bail is for provisional liberty Can he still avail of bail? Yes (?)
If the offense of the crime is under jurisdiction of the first level
trial court (MTC, MCTC, MeTC), bail is a matter of right before
Recognizance
an after conviction.
Can a person released on bail be prevented from travelling abroad?
Even if accused if convicted by RTC, … becomes a matter of
Wouldn’t that be a violation of right to travel?
discretion. No longer a matter of right.
Yes, he can be prevented. Why? The condition for the grant of bail
Whether matter of right or discretion, accused must still file a
is that he be present in court whenever his presence is required.
petition
Can he complain by saying that my right to travel is violated?
No, it’s one of the limitations of a person’s right to travel
When do we know whether the penalty imposable with the
offense charged? We will know that by looking into 2 periods:
1.) Penalty imposed at the time of commission Even when a person has already been convicted, his bail now will
2.) Penalty imposed at the time of the application be cancelled.

Different factors that have to be considered: Former Senate Pres. Enrile case (special circumstance for him to
be released on bail)
It is up to the Court to determine the adequacy of the bail.
Supposed that the accused is a flight risk, would that be
sufficient cause to be denied bail? No In all criminal proceedings, accused is presumed innocent. An
accused is not even under obligation to present evidence to prove
Excessive bail is not allowed, it can be increased but not to the
his innocence. It is the duty of the Prosecution to overcome such
point that it is excessive
presumption of evidence. Accused will be convicted because of
strength of prosecution and not because of the weakness of the
defense.
Must there be an absolute certainty of the guilt of accused? No, just There can be evidence but because of a person’s Constitutional
moral certainty to rmove any whispers of doubts. rights, such evidence is inadmissible. If such evidence is
inadmissible and there is no other strong evidence that he is indeed
guilty beyond a reasonable doubt, he will be acquitted.
03/23/2022
But there are contrary presumptions that will overcome presumption
3. Right to be heard bv himself and counsel. of innocence:

The right to counsel proceeds from the fundamental principle of due Basis: human experience that will shift the burden of the person
process which basically means that a person must be heard before being charged as presumed to be guilty instead of being presumed
being-condemned. It is more than just the presence of a lawyer in as innocent
the courtroom or the mere propounding of standard questions and
a.) unexplained flight
objections. It means that the accused is amply accorded legal
assistance extended by a counsel who commits himself to the
cause of the defense and acts accordingly. Tersely put, it means an
*Presumption in the regularity in the performance of official duties
efficient and truly decisive legal assistance, and not simply a
or functions
perfunctory representation [People v. Bermas, G.R. No. 120420,
April 21, 1999]. When the prosecutor finds probable cause, there is
presumption in the regularity in the performance of his
duties. Would this prevail over presumption of innocence?
NOTES: No. The presumption of innocence will still prevail UNLESS
the presumption in the regularity carries with it with strong
What is the reason why an accused is presumed to be innocent?
evidence that the accused is guilty of the crime charged.
Life and liberty is so precious that it can only be deprived of such if
there is compliance with fair play and requirements that will satisfy
fair play.
*Silence
What is required here is not absolute certainty that he committed
Would the exercise of a person’s right to remain silence,
the crime, but moral certainty that there should be no reasonable
can an inference be made that he is guilty or not guilty? No.
doubt.
There can be no inference that can be drawn from such silence
This presumption of innocence is a disputable presumption, not a of the accused because he has such right to remain silent.
conclusive one thus, it can be overcome by contrary evidence that
However if there is overwhelming evidence to prove guilt of the
will prove that such presumption is wrong because he is guilty and
accused and he chooses to remain silent, he waives his right to
that finding of guilt can only be on the basis of evidence that is
present evidence to contradict his guilt. it cannot be taken against you
relevant and admissible.
but it will not favor your cause.
 The prosecution will have the first opportunity to present his case that considered formally notifying him of the exact crime for which he is being
the accused is guilty beyond reasonable doubt. charged and tried in Court.
In the information, what must be contained? The designation of the
crime (title or name), the name of the accused, the acts or omissions
Right to be heard by himself or through counsel
constituting the crime, the name of the victim, the date and time of the
In a criminal proceeding, the right to counsel cannot be waived. But commission, and where the crime took place or happened.
supposed the accused simply says that he does not want to be represented
An act is considered as a crime only if it is defined by law. In the
by a counsel, it is the duty of the court to assign him a counsel de officio,
definition of the law, there are the elements of the crime.
even in cases where the accused cannot afford one, so that trial can proceed.
Can the information be amended? Yes, the form and substance of the
Right to counsel is an absolute right during trial however, the right to
information can be amended even without leaf of court BEFORE the
choose a counsel is not absolute.
arraignment (before the formal reading).
If the right to choose one’s counsel is included in the right to a counsel,
Trial absentia can only be done: (requisites)
it could be abused so that it can be used as a dilatory tactic to frustrate the
ends of justice by the accused simply invoking his right to have his counsel of When the accused must have been arraigned, informed of the date of
choice to represent him and that counsel is not available. trial, absent without justifiable reason
What is the remedy since the right to counsel is absolute? The remedy When accused knows exact accusation against him, he can prepare his
is for the court to provide him with one. defense, he can avail himself of conviction or acquittal in order that he cannot
be prosecuted for the same offense in the future (right against double
The counsel de officio is expected to exert his utmost … and duty to
jeopardy), so Court would be able to know if the facts under the allegations
represent the cause of the accused.
would be sufficient to render judgement or to constitute a crime.
The right to a counsel can only be waived but with conditions during
When there is an amendment as to the form and substance of the information
custodial investigation BUT during trial, you need a counsel.
against him,when will the right of the accused be prejudiced? There will be
Appeal is not an essential part of due process except when it is prejudice when the defense he prepared in the original information will no
provided for by the Constitution and by law. Such right to due process can be longer be applicable after the information has been amended thus, such shall
waived. not be allowed.
The counsel should explain to the accused the information.
Right to be Informed of the Nature and Cause of the Accusation After reading the information, judge will ask the accused’s plea.
Against Him
*Who will invoke the right to remain silent? it is not the duty of the Court of the
When would the accused know of the nature of the cause of accused to inform accused of this right but the defense counsel’s.
accusation against him? During arraignment. During arraignment, it would be
When accused pleads guilty, it is the duty of the Court:
 1.) To ask searching questions as to the voluntariness of the accused to will be acquitted because it will be considered that there is no sufficient
plead guilty; evidence on the part of the prosecution.
2.) To ask the prosecution to present evidence to establish the exact
degree of culpability of the accused (notwithstanding that he pleaded
guilty to the crime); and *Motion to Set Trial - for the Court to resolve pending motions
3.) To allow the accused to present his evidence if he so desires.
The right to speedy trial is not the same with the right of persons to speedy
disposition of their cases. Speedy disposition refers to criminal, civil, and
administrative proceedings.
Right to a Speedy, Impartial, and Public Trial
Impartial Trial
Trial in absentia
- Court must be neutral (not favoring or discriminating anyone;
dispenses justice without fear or favor) Requisites:
Public Trial 1.) The accused has already been arraigned
2.) He has been duly notified of the date of the trial
- In order that the public be able to witness how the court dispenses
3.) His absence is unjustified
justice
- While public trial is guaranteed by Consti, are there instances when the Can trial proceed? Yes. Those who escaped would no longer benefit.
public will be disallowed/barred from witnessing trial? Yes, there are
some instances (cases of rape). It won’t be a violation of the accused’s Consequence: His being banned will be forfeited and a warrant of arrest will
right to public trial. be issued against him

Speedy trial It is the duty of the bonds man to bring the accused to court. Failure to do so,
bail will be forfeited.
- There should be no inordinate, capricious, or oppressive delay
- Delay is capricious or oppressive when… 4 factors established by SC: Supposed the accused out on bail would like to go abroad, is there a need for
leave of court/permission? Yes, if the accused will be allowed to go abroad
a.) The length of the delay then the jurisdiction of the court will be lost in the sense that the court’s
jurisdiction will only be effective in its territory.
b.) The reason for the delay
c.) Whether the accused invoked his right against the delay
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d.) What would be the prejudice caused to the accused by such delay
Right of Confrontation
- accused has the right to meet the victims face to face
Importance: If it will be found that there is violation of the accused's
- accused would be given the opportunity to know and to meet who the
right to speedy trial, the case can be dismissed or even to the point that he
accusers are
 - then he can exercise his right to cross examination - no degrading, inhumane punishment, etc.
- 2 reasons for this right: 1.) he will be able to test the testimony of the
witnesses, 2.) the court would be able to observe the demeanor of the
witnesses if they take the witness stand to testify Double jeopardy
- there is less likelihood that the witnesses will lie if they are confronted
by the accused - memorize provision itself (Sec. 21, Art. 3)
- accused cannot be convicted on ex parte affidavits - “jeopardy” - danger
- if a person is already in danger, he cannot be put in danger again
*accused is bound by the act of the counsel - 2 kinds:
*the error of the counsel cannot be denied by the accused identity of offense
- exception: dying declaration identity of acts
what has just been said by the person who died is admissible if… If an act is puished by a law or ordinance and he is convicted by either
a law or ordinance, he can no longer be prosecuted again.
- what is important is that accused is given opportunity to cross examine
but it cannot be that he is denied that opportunity because that is
tantamount to violation of his right to due process

Compulsory Process
- 2 kinds: 1.) subpoena ad testificandum (person is issued subpoena to
testify), 2.) subpoena duces tecum (person might be in possession of
relevant documents to the case)
- Can a person be compelled to testify? Yes, by the court.
- Suppose that person doesn’t want to notwithstanding the subpoena, he
can be cited in contempt or warrant of arrest
- Witnesses has the right against self incrimination ‘
- *conditional examination
- Would testimony of a witness who waives cross examination be
admissible? Yes.

Prohibited punishment