CONSTI LAW 2 MIDTERM REVIEWER ALEEZAH GERTRUDE REGADO

SECTION 1: No person shall be deprived of life, liberty or property without 1. He is not a flight risk
due process of law nor shall any person be denied equal protection of laws 2. Will abide with all the orders and process of the extradition court
 DEPORTATION PROCEEDINGS
PROCEDURAL DUE PROCESS - Consequences as serious as those of criminal prosecution.
 PROMULGATION OF LAWS AND OTHER GOVERNMENT ISSUANCES - Rules of Court for criminal cases are applicable as well as the right to bail
1. Published  QUASI-JUDICIAL OR ADMINISTRATIVE PROCEEDINGS
2. Not vague –lacks comprehensible standards men of common intelligence must 1. Right to actual or Constructive notice of the institution of proceeding
necessarily guess as to its meaning and differ as to its application 2. Real opportunity to be heard personally or with right of counsel, present
 JUDICIAL PROCEEDINGS (CIVIL CASES) evidence and defend one’s rights
1. Court or tribunal with power to hear/determine 3. Tribunal vested with competent jurisdiction having a reasonable guarantee
2. Jurisdiction lawfully acquired (person/property) of honesty as well as impartiality
3. Opportunity to be heard 4. Finding supported by substantial evidence during hearing or records or made
4. Judgment rendered upon lawful hearing known to the parties affected
 JUDICIAL PROCEEDINGS (CRIMINAL CASES)  QUASI-JUDICIAL OR ADMINISTRATIVE EXERCISING QUASI-LEGISLATIVE
1. the right to notice and a hearing, POWERS
2. the right to remain silent in criminal investigations and trials so as to avoid - Same but notice and hearing may not be necessesary
incriminating oneself, - Only publication is required
3. the right to be represented by an attorney in certain criminal cases, and
 SCHOOL DISCIPLINARY PROCEEDINGS
4. the right to have one’s case heard before a jury in criminal cases
 PROCEDURAL DUE PROCESS IN JUDICIAL PROCEEDINGS IN GENERAL 1. Informed in writing of the nature and cause of accusation
- Cold neutrality of an impartial judge 2. Right to answer charges with counsel if desired
- Opinions formed in the course of judicial proceedings although erroneous as long 3. Informed of evidence against them
as they are based on evidence presented and conduct observed by judge do not 4. Adduce evidence on their own behalf
prove personal bias or prejudice on the part of the judge 5. Evidence duly considered by the investigating committee or official
- Only exception : when error is so gross and patent as to produce ineluctable designated by school
inference of bad faith or malice - Does not entail proceedings and hearings similar to those proscribed for actions
- Bias and prejudice must be shown to have stemmed from an extrajudicial source and proceedings in courts of justice
and result in an opinion on the merits on some basis other than what judge - Take note of schools academic freedom : who, what, how, who
learned from his participation in the case  BANK CLOSURE PROCEEDINGS
- Judge must not only be impartial but appear to be impartial as an added assurance - Close now hear later doctrine (may be considered as an exercise of police power)
to the parties that his decision will be just - Receiver to immediately take charge
 EXTRADITION PROCEEDINGS - Due process does not necessarily require prior hearing. Opportunity to be heard
- Universal Declaration of Human Rights applies to deportation cases, there is no may be subsequent to closure.
reason why it cannot be invoked in extradition cases. (Customary international  EXPROPRIATION PROCEEDINGS
law, binding on all members of international community) - Chance to be heard before determination of just compensation
- Modern trend in public international law which places primacy on the worth of - Although as a general rule: motion for reconsideration negates the allegations of
individual persons and the sanctity of human rights denial of due process, it s equally true that there are very specific rules for
- Standard : clear and convincing evidence : potential extradite expropriation cases involve painful deprivation of property for public purpose an
PROVE disbursement of public funds.
 EX PARTE PROVISIONAL ORDERS
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- Interest of public outweigh the right of defendant to prior notice and hearing Overbreadth Doctrine
- Valid exercise of police power to protect the safety, health and general welfare - A governmental purpose may not be achieved by means which sweep
and comfort of the public unnecessarily broadly and thereby invade the area of protected freedom
- It is constitutional commonplace that the ordinary requirements of procedural due Vagueness
process yield to the necessities of protecting public interest like those here - Lacks comprehensible standards that men of common intelligence must
involved through the exercise of police power necessarily guess at its meaning and differ as to its application
 DISMISSAL IN PRIVATE SECTOR Void for Vagueness
1. Valid reason - Either forbids or requies the doing of an act n terms so vague that men of
2. Opportunity to be heard common intelligence must necessarily guess its meaning and differ as to its
3. Any evidence derived from confession without counsel is inadmissible application
 FIXING OF RATES AND REGULATION OF PROFESSIONS
1. Notice and hearing EQUAL PROTECTION
2. Rate must be reasonable and just
3. Must not be confiscatory and oppressive Requisite of Reasonable Classification
1. Rests on substantial distinctions
SUBSTANTIVE DUE PROCESS 2. Must be germane to the purpose of law
Standards of Police Power 3. Not limited in existing conditions only
1. Legal Subject/Purpose 4. Must apply equally to all members of the same class
2. Legal Means or Methods  Goddess of justice is portrayed with a blindfold not because she must be hindered in
Test to determine if a legislative measure satisfies substantive due process seeing where the right lies but that she may not discriminate against suitors before her,
 STRICT SCRUTINY TEST dispensing instead an even handed justice to all.
o Compelling state interest Tests for Valid Classification
o Absence of less restrictive means for achieving the interest  Strict Judicial Scrutiny
o Regulation of speech, and other fundamental rights o Classification serves a compelling state interest
 Intermediate Scrutiny Test o Classification is necessary to serve that interest
o Government Interest is extensively examined o (Gender and illegitimacy)
o Availability of less restrictive measures considered  Intermediate Scrutiny Test
o Regulation of gender and legitimacy o Serves an important state interest
 Rational Basis Test o At least substantially related to serving that interest
o Laws or ordinances are upheld if they rationally further government o (race,national origin, religion, alienage, denial of right to vote, interstate
interest migration, access to courts , and other rights recognized as fundamental)
o Economic legislation or propert rights  Rational Basis Test
Test for valid ordinance o Rationally related to serving a legitimate state interest
1. Does not contravene the constitution or statute o Most liberal test : PH
2. Must not be unfair or oppressive o Reluctance to invalidate law unless there is a showing of a lear and
3. Not partial and Discriminatory unequivocal breach of the constitution
4. Must not prohibit but may regulate trade Doctrine of Relative Constitutionality
5. Must be general and consistent with public policy - Initially valid, may become subsequently unconstitutional on ground that its
6. Must not be unreasonable continued operation would violate equal protection clause
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SECTION 3. RIGHT TO FREEDOM OF SPEECH, OF THE PRESS AND THE RIGHT TO

(1) The privacy of communication and correspondence shall be inviolable PEACEBLE ASSEMBLY AND PETITION
Kinds of Speech
except upon lawful order of the court, or when public safety or order
 Preferred Speech : Core Speech
requires otherwise as prescribed by law.
- Political, Social, Religious Ideas
(2) Any evidence obtained in violation of this or the preceding section  Less Preferred Speech
shall be inadmissible for any purpose in any proceeding. - Commercial Speech (Advertisements)
RIGHT TO PRIVACY OF COMMUNICATIONS AND CORRESPONDENCE  Unprotected Speech
 Correspondence covers: - Libel and Obscenity
- Letters, messages, telephone calls, telegrams and the like Prior Restraint
 When is intrusion allowed  Content Based Regulation
1. Upon lawful order of court - Aimed at message/idea of expression (Subject Matter)
2. Public safety or order requires it as prescribed by law STRICT SCRUTINY:
 Exclusionary Rule: bars admission of illegally obtained evidence - burden falls upon the government to prove that their action does not infringe
 RA 4200: Anti-wire tapping law constitutional right ;
 When correspondence sought is written correspondence, there should be no - existence of a clear and present danger of a substantive evil congress has a right
inconvenience in requiring particularity of description to prevent
 Wiretaps(not yet made) : (x) Description but: :  Content Neutral Regulation
1. Identity of person/s whose communication to be intercepted - Incidents of speech (Time, Place or Manner)
2. Identity of offense sought to be prevented INTERMEDIATEAPPROACH/O’BRIEN TEST
- Unauthorized tape recordings are not admissible as evidence absent a clear 1. Within Constitutional power of the government
showing that both parties allowed recording of the same. 2. Furthers important or substantive government interest
 Requisites for law to intrude upon privacy of individual 3. Government interest is unrelated to the suppression of free expression
1. Narrowly focused 4. Incidental restriction is no greater than is essential to the furtherance of that
2. Compelling interest justifies intrusion interest
3. Proper safeguards - Only Substantial Government interest
4. Well-defined standards Subsequent Punishment
 Clear and Present Danger Rule
- Speech and expressions used are such a nature as to create a clear and present
danger that will bring about the substantive evils that state has right to prevent
- Extremely serious and degree of imminence extremely high before utterance can
be punished
- Broadcast media , contempt cases
 Dangerous Tendency Test
- Rational connection between speech and evil apprehended
- Sufficient if the natural tendency and probable effect of utterance be to bring
SECTION 4. No law shall be passed abridging the freedom of speech, of about the substantive evil which the legislative body seeks to prevent
expression, or of the press, or the right of the people peaceably to assemble - Seditious Speech ,high probability of serious injury to state , contempt case SC
 Balancing of Interest Test
and petition the government for redress of grievances.
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- Balance public interest and the constitutional freedoms affected by it and to GR: Every defamatory imputation is presumed to be malicious even if it be true, if no good
arrive at a judgment where the greater weight shall be placed. intention and justifiable motive for making it is shown
- Right vs. Right, Privacy , COMELEC regulations EXCEPT: Malice is not presumed and actual malice must be proven as a a fact
(COMMERCIAL SPEECH) a) Privilege Communication
- To enjoy protection, commercial speech must NOT b) Fair and True commentaries on government conduct
1. Be false/misleading c) Fair Commentaries on matters of public interest
2. Propose an illegal transaction d) Commentaries on Public officials and Public Figures
- But even if truthful and lawful, may be regulated if e) Testimony in Judicial proceedings (w/c are relevant to the case)
 Hudson test - Actual Malice: w/knowledge that it is false or with reckless disregard of whether
1. Government has substantial interest to protect it is false or not
2. Regulation directly advances that interest Requisites for exception
3. It is not more extensive than necessary to protect interest 1. Person who made the communication has a legal moral or social duty to
make communication or had an interest to protect
2. Communication is addressed to an officer, or a board or superior having
interest in thee matter
3. Statement made in good faith and communicated withoit malice.
 OBSCENITY
- Offensive to chastity, decency and delicacy
Tests for Obscenity
 Miller Test (Appeal to Prurient Interest Test)
(Facial Challenge of laws regulating Freedom of Speech and expression) 1. Average person applying contemporary community standards would find
Facial Challenge As Applied Challenge that work taken as a whole appears to prurient interest
Seeks to invalidate the entirety of the law Seeks to invalidate a particular 2. Prurient interest:measured by effect of work not on susceptible persons but
because very application is application of statute on the average person
unconstitutional 3. Patently offensive way, sexual conduct specifically defined by contemporary
May be brought son after statute’s Can only be brought once it has been community tandards
passage enforced
4. Must exceed the limits of tolerance imposed by contemporary staandards of
Examination of the entire law, Considers only extant facts affecting
pinpointing its defects litigants community with respect to freedom of expressions on matters concerning
Grounds for Facial Challenge sex
- Vagueness 5. Whether work taken as a whoe lacks serious literary, artistic political or
- Over breadth : only to free speech cases scientific value
UNPROTECTED SPEECH  To bar the exercise of right there must be a clear ad present danger that would warrant
- NO ESSENTIAL PART IN THE EXPOSITION OF IDEAS AND ARE OF SLIGHT SOCIAL state interference (Clear and Present Danger)
VALUE AS A STEP OF TRUTH FOR THE BENEFIT OF MEN RIGHT TO PEACEABLE ASSEMBLY AND PETITION
 LIBEL  May be impaired only when there is clear and present danger
1. Allegation of discreditable act or condition concerning another  RA 4200 (Content Neutral Regulation: regulates the time, manner and place of
2. Publication of charge assemblies to ensure the maintenance of order and public safety
3. Identity of person defamed
4. Existence of malice or evil intent
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 Maximum Tolerance : highest degree of restrain that military, police or other  Clear and Present Danger
peacekeeping authorities shall observe during public assembly or in the dispersal of - Existence of clear and present danger of a substantive evil that State has right to
the same prevent
 Compelling State Interest
1. Sincerity of religious belief . without inquiring into the truth of belief
2. State has to establish that its purpose are legitimate and compelling enough
to override such religious belief and practice
3. State must use thee least instrusive and restrictive means
 Smith Standard
- A law that is neutral and of general applicability need not be justified by a
compelling government interest even if it has the incidental effect of burdening a
particular religious practice
SECTION 5. - In such case, clear and dangerous test suffice
No law shall be made respecting an establishment of religion, or prohibiting the free  Sherbert v. Verner
exercise thereof. The free exercise and enjoyment of religious profession and worship, - Validity of state intrusion in free exercise of religion is determined by :
without discrimination or preference, shall forever be allowed. No religious test shall 1. Court must determine whether individual’s right to religious freedom
be required for the exercise of civil or political rights. has been burdened
Non-establishment Clause 2. Whether the individual’s religious belief in the matter is sincere and its
TESTS centrality in his faith
 Strict Neutrality/Separation 3. If first 2 requisites prove positive, then Court must require state to
- Examines only whether government action is for a secular purpose and does not demonstrate a compelling state interest in pursuing the interference or
consider inadvertent burden of religious exercise intrusion
- High and impenertrable separating church and state 4. If interest exists, then state must prove that its chosen course of action
 Benevolent Neutrality/Accommodation is the least restrictive or least burdensome to the individual’s religious
- Looks further than secular purpose of government and examines th effect of these freedom
activities on religious exercise. No religious Test
- The court shall strive to accommodate religious beliefs and practices when it can  Conscientious Objector Test : (U.S v. Seeger)
within flexible constitutional limits 1. Belief in God or some parallel belief that occupies a central place in
- Accommodates the needs of individuals to the operation of law by carving out believer’s life
exemptions from its general application 2. Involve a moral code transcending individual belief
 Lemon Test : when is government aid allowed 3. Sincerity in belief is necessary but the court must not require into the truth
- Secular legislative purpose or reasonableness of belief
- Primary effect that neither advances nor inhibits religion 4. There must be some associational ties although there is also a view that
- Must not require excessive entanglement with recipient institution religious belief held by a single person rather than being part of the
 Use of Public Funds: Aglipay v. Ruiz teachings of any kind of group are entitled to protection of Free exercise
- The government should not be precluded from pursuing valid objectives secular Clause
in character even if the incidental result would be favorable to religion or sector
Free exercise clause SECTION 6. The liberty of abode and of changing the same within the limits
TESTS: prescribed by law shall not be impaired except upon lawful order of the court. Neither
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shall the right to travel be impaired except in the interest of national security, public 11. Presidential Communications
safety, or public health, as may be provided by law. Privilege
Liberty of Abode 12. Deliberative Process Privilege
 Upon lawful order of court
 Within the limits prescribed by law SECTION 8. The right of the people, including those employed in the public and
Right to travel private sectors, to form unions, associations, or societies for purposes not contrary to
- May be impaired in the interest of national security, public safety, or public law shall not be abridged.
health as may be provided by law Freedom of Association
Covers Test
1. Right to travel from Philippines to another country  - It depends upon the purpose of the association
2. Right to travel within Philippines (;) - If the purpose is manifestation of freedom of speech then the standards of such
IT DOES NOT COVER right applies
- Right to return to the Philippines  Includes freedom not to join an association
 Government employees have right to association but is statutorily prevented from
SECTION 7. The right of the people to information on matters of public concern shall engaging in strikes
be recognized. Access to official records, and to documents, and papers pertaining to  Associations must be for a lawful purpose (x) : Rebellious, Subversive ; illegal
official acts, transactions, or decisions, as well as to government research data used as associations and assemblies are not protected
basis for policy development, shall be afforded the citizen, subject to such limitations  Managerial employees cannot form unions
as may be provided by law.  Supervisory employees may form unions but NOT with r&f employees
Right to Information on Matters of Public Concern  Lawyers—IBP
**All citizens have standing :: Writ of Mandamus
Test :
The standards that have been developed for the regulation of speech and press and of
assembly and petition and of association are applicable to the access to information SECTION 9. Private property shall not be taken for public use without just
- Clear and Present Danger Test compensation.
Information Covered Information NOT COVERED Requisites for the validity of expropriation
1. Official Records 1. National Security Matters 1. Public Purpose
2. Documents Papers Pertaining 2. Criminal matters-courts (x) 2. Payment of just compensation
to official acts, transactions or inquire prior to arrest,detention
Public Purpose
decisions and prosecution
3. Government research data used 3. Pleadings and other documents - Any use directly available to the public as a matter of right and not merely of
as basis for policy development filed by the parties in a case forbearance or accommodation
4. Any other information on 4. Diplomatic Correspondence - Normally a political question because the power to expropriate belongs to the
matters which is of public 5. Closed door cabinet meetings congress
concern 6. Executive sessions in either - As long as public has right to use, whether exercised by one or many members of
house of congress the public, a public advantage or public benefit accrues sufficient to constitute a
**Definite proposition: committee has 7. Internal deliberation of SC
public use
already makes its official 8. Trade Secrets
recommendation 9. Banking Deposits and - “usefulness, utility or advantage or what is productive of general benefit of the
**proposed settlement ill gotten wealth Transactions public”
10. Informers Privilege
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GOVERNMENT HAS NO UNRESTRICTTED TITLE TO EXPROPRIATE A

LAND Payment of Initial Deposit
 Taking is always conditional to public purpose  Initial Deposit : advance of Just compensation which is still to be determined.
 If abandoned, the former owner may seek reversion subject of course to the *Provisional value
return at the very least of just compensation
 Public use must be maintained throughout the proceedings for expropriation
 Public use should be the use for the purpose specified in the petition.
 If this is not done, the expropriator must return the property even if there was no
valid agreement of reversal
 Owner must return to the expropriator the compensation it has received + legal
interest + / pay the expropriator for the benefits lot may have obtained
CONGRESS LGU WHO EXERCISES/PURPOSE AMOUNT OF INITIAL DEPOSIT
Necessity (x) Pre-requisite to expropriation The ascertainmen of necessity must NATIONAL GOVERNMENT = Assessed value of property for purposes of
 As long as devoted for public use PRECEDE or ACCOMPANY (x) follow the taxation
taking LGU = At least 15% of FMV based on current tax
declaration of property
NATIONAL INFRASTRACTURE (x) Deposit
Payment of Just Compensation PROJECTS RA 8974 -- must make payment of FULL value of
- Full and fair equivalent of property taken property based on the current relevant zonal
- Basically it means payment matches the market value valuation of the Bureau of Internal Revenue
- It must be (S.A.R) = Substantial, Real, and Ample (BIR); and (2) the value of the improvements
and/or structures as determined
- Court determines “Just” compensation: Rule 67ROC
- Statutes may serve only as guiding principle or ine of the factors in determining
SECTION 10. No law impairing the obligation of contracts shall be passed.
just compensation BUT it may not substitute the court’s own judgment as to
RIGHT AGAINST NON-IMPAIRMENT OF CONTRACTS
what amount should be awarded and how to arrive at such amount
 When is there an impairment of contract
 POINT OF REFERENCE 1. Changes the contract between parties
- Generally filing of complaint coincides with taking a) Terms
- EX: when however the filling of case comes later than time of taking and b) Conditions
meanwhile the value of property has increased because of use to which the c) Considerations
expropriator put it, the value is that of time of earlier taking d) Intentions
- Based on the time of entry:: not its value after many years. Beyond payment of 2. Impairment Involves a substantial right
value, owner is entitled to interest 3. The law must change the relation between parties to the contract and not between
- **in case of LGU: LGC:::@ time of taking of property parties and non-parties
Requisites of expropriation by NG Requisite of Expropriation by LGU Exceptions : Law may impair a contract if it is a valid exercise of police power
1. Taking: Public Purpose 1.Taking: Public Purpose
2.Payment of Just Compensation 2.Payment of Just Compensation POLICE POWER
3.Procedure of expropriation: Rule 67 ROC 3.GENUINE necessity for expropriation OBLIGATIONS OF CONTRACTS
4.Valid and Definite offer previously made to
owner (x) accepted
Test:
5.Ordinance authorizng Local Chief Exec to
exercise power of eminent domain  Since the right of parties arising out of contract are considered property, then the test
6.Procedure of expropriation : Rule 67 ROC for substantive due process applies
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1. Legal Purpose
2. Rational basis