Section 3.

Exclusionary Rule
(1) The privacy of communication and correspondence shall be inviolable  The exclusionary rule bars the admission of illegally obtained evidence
except upon lawful order of the court, or when public safety or order  Evidence obtained in violation of the search and seizure clause, W/N it is
requires otherwise as prescribed by law. also self incriminating testimonial evidence, is inadmissible
o If the object is not a prohibited object, it must be returned. But if
(2) Any evidence obtained in violation of this or the preceding section shall be contraband, it can be confiscated.
inadmissible for any purpose in any proceeding.  To come under the exclusionary rule, the evidence must be obtained by
gov’t agents and not by private individuals acting on their own
Privacy of communication o That the principle that the Bill of Rights applies only to actions
 The right to privacy has been concisely defined as the right to be left alone. taken by state officials does not necessarily mean that a private
 It has also been defined as the right of a person to be free from unwarranted individual cannot violate the liberty of another.
publicity and the right to live without interference by the public in matters o Article 32 of the Civil Code makes private violations actionable
with which the public is not necessarily concerned. even if the violation does not have a constitutional consequence
 The object of the provision was to provide adequate protection for “letters such as the applicability of the exclusionary rule
and messages” carried by the agencies of the gov’t lest “their privacy be
wantonly violated and great harm [be] inflicted upon the citizens.” Salcedo-Ortañez v. CA (wiretap)
 The guarantee given by the privacy provision is not absolute. The  Rafael Ortañez filed an annulment against Teresita Salcedo-Ortañez, his
exceptions to the inviolability of this right are: wife, using wiretapped conversations contained in cassette tapes as
o Lawful order of the court evidence against her.
o When public safety or order requires otherwise, as may be o The RTC admitted the evidence, prompting Salcedo-Ortañez to
provided by law file a petition for certiorari and decide on the validity of the
 This guarantee includes within the mantle of its protection tangible, as well admission of evidence.
as intangible, objects  Absent a clear showing that both parties to the telephone allowed the
recording of the same, the inadmissibility of the subject tapes is mandatory
Requisites of Existence of Right to Privacy under RA 4200.
 A person has exhibited an actual expectation of privacy (subjective)
 The expectation is one that society is prepared to recognize as reasonable Zulueta v. CA (husband and wife privacy)
(objective)  The right to privacy of communications and correspondence may be
invoked against the wife who went to the clinic of her husband and there
3 Strands of the Right to Privacy took documents consisting of private communications between her husband
 Locational/situational – refers to the privacy that is felt in physical space, and his alleged paramour.
such as that which may be violated by trespass and unwarranted search and
seizure People v. Marti (search by private person)
 Informational – right of individuals to control information about themselves  In this case, a private firm engaged in the business of forwarding packages
o 2 aspects: opened the boxes entrusted to it by a customer for final inspection as part of
 The right to not have private information disclosed which its standard operating procedure before delivery of packages to the Bureau
refers to the interest in avoiding disclosure of personal of Posts or Bureau of Customs.
matters o Finding dried marijuana leaves inside a package, the firm took
 The right to live freely without surveillance and intrusion samples to the NBI, who verified that the dried leaves were
 Decisional – usually defined as the right of individuals to make certain marijuana leaves.
kinds of fundamental choices with respect to their personal and o When presented by the NBI as evidence for prosecution for
reproductive anatomy; right to independence in making certain important violation of drug laws, its admissibility was challenged on the
decisions ground that it was fruit of an illegal search.

ANDREA CONSTI2 MIDTERMS | 23

  The constitutional proscription against unlawful searches and seizures o With permission from petitioners only to enter the house, police
therefore applies as a restraint directed only against the government and its finds a handgun, bullets and subversive materials.
agencies tasked with the enforcement of the law.  The pieces of evidence obtained were inadmissible, as the articles were
o Thus, it could only be invoked against the State to whom the obtained unlawfully without a warrant.
restraint against arbitrary and unreasonable exercise of power is o Police only had permission to check the presence of rebels in the
imposed. house, not to conduct a room-to-room search inside the house.
 If the search is made upon the request of law enforcers, a warrant must
generally be first secured if it is to pass the test of constitutionality. Habeas Data
o However, if the search is made at the behest or initiative of the (See Habeas Data notes on substantive due process)
proprietor of a private establishment for its own and private
purposes, as in the case at bar, and without the intervention of Vivares v. St. Theresa’s College
police authorities, the right against unreasonable search and  Computer Teacher Escudero was informed by her students that some
seizure cannot be invoked for only the act of private individual, seniours of St. Theresa’s College posted pictures online of them only in
not the law enforcers, is involved. brassieres.
o In sum, the protection against unreasonable searches and seizures o Since it was a violation of the student handbook, the students were
cannot be extended to acts committed by private individuals so as barred from their upcoming commencement exercises.
to bring it within the ambit of alleged unlawful intrusion by the o Petitioners herein, the parents of the minors who posted such, filed
government. for damages and eventually a writ of habeas data for the photos
and documents. RTC denied such.
Waiver of Rights under Sec. 2 and Sec. 3  The SC ruled that the writ cannot be granted because of the absence of an
 “the legality of a seizure can be contested only by the party whose rights actual violation of the privacy of the minors.
have been impaired thereby, and the objection to an unlawful search and o A person who places a photograph on the Internet precisely
seizure is purely personal and cannot be availed of by third parties.” intends to forsake and renounce all privacy rights to such imagery,
particularly under circumstances where the said person did not
People v. Damaso (personal waiver) employ protective measures or devices that would have controlled
 Basilio Damaso was charged with violation of PD 1866 in connection with access to the Web page or the photograph itself.
the crime of subversion. o Without proof that they placed the photographs subject of the case
o Evidence against him were an M-14 rifle, ammunitions and other within the ambit of their protected zone of privacy, they cannot
books and pamphlets of subversive orientation. now insist that they have an expectation of privacy with respect to
o These were seized from appellant’s house after Luz Morados, the the photographs in question.
occupant of the house, let the soldiers in.
 There was no valid search warrant and hence, the pieces of evidence are
inadmissible.
o The fact that the occupant let the soldiers in is not a waiver of the
right of Damaso against warrantless search and seizure.
o Such waiver can only be made by the person whose rights are
invaded, or one whom he authorizes to do so. There is no evidence
that Luz Morados was given such authority.

Spouses Veroy v. Layague (search of persons, not of materials)

 Petitioner spouses previously resided in Davao and moved to QC, leaving
their old house to the care of the houseboys.
o PNP receives information that the Davao house is used as a safe
house of rebel soldiers.

ANDREA CONSTI2 MIDTERMS | 24

Section 4. Content-Based Regulation v. Content-Neutral Regulation
No law shall be passed abridging the freedom of speech, of expression, or of the Content-Based Regulation Content-Neutral Regulation
press, or the right of the people peaceably to assemble and petition the government Restraint is aimed at the message or Restraint aims to regulate the time, place
for redress of grievances. idea of the expression, distort public or manner of the expression in public
debate, have improper motivation, and places without any restraint on the content
Freedom of speech, expression are usually imposed because of fear of of the expression.
 Reasons why freedom of expression is guaranteed in the Constitution: how people will react to a particular
o Freedom of expression is essential for the search of truth speech.
o Free expression is needed for democracy to work properly Test for validity
o Freedom of expression promotes individual and self-realization Strict Scrutiny Test Intermediate Approach/O’Brien Test
and self-determination Note: These regulations are censorial A gov’t regulation is justified if:
 The ideas expressed under this freedom are confined not only to those that and therefore bear a heavy presumption 1. It is within the constitutional power
are conventional and acceptable to the majority but also those that present of constitutional invalidity of the gov’t
the articulation of the unorthodox view, though it be hostile to or derided by 2. It furthers an important or substantial
others. In addition, these will be tested for gov’t interest
 The scope of freedom of expression is so broad that it extends protection to possible overbreadth and vagueness. 3. The gov’t interest is unrelated to the
nearly all forms of communication. suppression of free expression
4. The incident restriction on alleged
Freedom of the press freedom of speech and expression is
 Most pervasive and most powerful vehicle of opinion on public questions no greater than is essential to the
 Without a vigilant press, the mistakes of every administration would go furtherance of that interest
uncorrected and its abuses unexposed (SWS v. COMELEC, 2001)
 Given its contributions to the public, the press deserves extra protection Challenged act must overcome the Only a substantial gov’t interest is
clear and present danger rule to be required for its validity
Prior Restraint valid
 Official gov’t restrictions on the press or other forms of expression in
advance of actual publication or dissemination Near v. Minnesota (malicious articles against officials)
 Freedom from prior restraint is largely freedom from gov’t censorship, and  The Minnesota Gag Law is being assailed by the petitioners for allowing
regardless of whether it is wielded by the executive, legislative or judicial the abatement of malicious, scandalous, and defamatory articles published
branch of the gov’t in newspapers, magazines or periodicals, as there was a complaint that
 There need not be total suppression; even restriction of circulation seeks enjoinment of their periodical, The Saturday Press.
constitutes censorship  The trial court was in their favor, but the Minnesota SC ruled in the
 Freedom of expression is not absolute since it is always subject to the police contrary, saying that newspapers are capable of destroying public peace.
power of the State  Upon appeal to the US SC, it is ruled that such prior restraint is
o This is premised on the need to protect society from the injurious unconstitutional, and the government officials could not be trusted with the
exercise of said freedom and the need to promote or protect public responsibility of regulating speech before it even reaches the public.
welfare, public safety, public morals and nat’l security  In determining the extent of the constitutional protection, it has been
generally, if not universally, considered that it is the chief purpose of the
guaranty to prevent previous restraints of publication.

Freedman v. Maryland (judicial determination)

 Freedman showed his film “Revenge at Daybreak” at a Baltimore theater
without first seeking license from the Board of Censors as directed by a
Maryland censorship statute.

ANDREA CONSTI2 MIDTERMS | 25

 o Due to this, he was convicted with a violation of Sec. 2 of the New York Times Co. v. US (top secret information)
statute.  The New York Times and Washington Post, after months of studying 47
 This section was deemed by the US SC as unconstitutional for being an volumes that came unauthorized in its possession, was enjoined by the
invalid prior restraint. United States from publishing the contents of its classified study entitled
o A noncriminal process which requires the prior submission of a “History of US Decision-Making Process on Vietnam Policy.”
film to a censor avoids constitutional infirmity only if it takes  The CA of the Columbia Circuit decided that it was unconstitutional as it
place under procedural safeguards designed to obviate the dangers entailed a prior restraint of speech.
of a censorship system.  The SC, in a split decision, upheld the lower court’s decision, as seen in the
 The burden of proving that the film is unprotected Concurring and Dissenting opinions.
expression must rest on the censor. o The most important part of the Concurring opinion is that the
 The requirement cannot be administered in a manner Courts should not heed to the wants of the Executive under the
which would lend an effect of finality to the censor’s guise of the excuse of “national security”. If it decides otherwise,
determination whether a film constitutes protected then the purpose of the Bill of Rights will be curtailed.
expression.  Any system of prior restraint of expression bears a heavy presumption
o Because only a judicial determination in an adversary proceeding against its constitutional validity. The Government thus carries a heavy
ensures the necessary sensitivity to freedom of expression, only a burden of showing justification for the imposition of such restraint.
procedure requiring a judicial determination suffices to impose a
valid final restraint. Chavez v. Gonzales
 Any restraint imposed in advance of a final judicial  Although prior restraints to speech are generally invalid, there are those
determination on the merits must similarly be limited to which may be permitted under the constitution if the restraint to be imposed
preservation of the status quo for the shortest fixed period meets the burden of proof necessary to uphold its validity
compatible with sound judicial resolution. o This burden of proof depends on whether the restraint is in the
 The procedure must also assure a prompt final judicial form of content-based regulations or content-neutral regulations
decision, to minimize the deterrent effect of an interim  The SC here held that acts of the SOJ and the Nat’l Telecommunications
and possibly erroneous denial of a license. Commission in warning television stations against playing the “Garci tapes”
under pain of revocation of their licenses, were content-based restrictions,
Iglesia ni Cristo v. CA and should be subjected to the “clear and present danger test:
 The power of the Board of Review for Motion Pictures and Television o They focused only on one subject – a specific content – the alleged
(BRMPT, now the MTCRB) can be exercised only for purposes of taped conversations between the Pres. and a COMELEC official.
“classification”, not censorship. They did not merely provide regulations as to time, place or
 In this case, even as the SC upheld the authority of the BRMPT to review manner of the dissemination of speech or expression,
the petitioner’s television program, it held that the Board acted with o Respondents’ evidence falls short of satisfying the clear and
GADALEJ when it gave an “X-rating” to the TV program on the ground of present danger test.
“attacks against another religion.”
o Such a classification can be justified only if there is a showing that Newsounds v. Dy (content-based restraint)
the television program would create a clear and present danger of  The SC held that the act of the mayor did in fact infringe on their
an evil which the State has the right to prevent. constitutional rights.
o Although the freedom of speech and press may be regulated, there
Differentiating US Censorship and PH Censorship should be a clear and present danger of substantive evil. There was
US Censorship (Freedman v. Maryland) PH Censorship (Iglesia ni Cristo v. CA) none in this case.
Only a procedure requiring judicial An administrative body (MTRCB) is o The act of requiring a DAR certification was not one of those
determination suffices to impose a valid granted quasi-judicial power to preview initial requirements to secure a business permits, in such a way
final restraint. and classify TV programs, and enforce they went beyond the law and its capacity.
its decision subject to review by the o The land has already been established even prior to 2002 that it is
courts. commercial, no DAR certification was ever required.
ANDREA CONSTI2 MIDTERMS | 26
 o Clearly, there was circumstantial evidence to associate the interest Gonzales v. COMELEC (early nomination of candidates)
of Dy when Newsounds admitted that they were actively  In this case, the SC upheld the validity of RA 4880 which prohibited,
aggressive in exposing widespread election irregularities. except during the prescribed election period, the making of speeches,
 There is to be no previous restraint on the communication of views or announcements or commentaries for or against the election of any party or
subsequent liability whether in libel suits, prosecution for sedition, or action candidate for public office.
for damages or contempt proceedings unless there be a clear and present o Even though gov’tal purpose legitimate and substantial (such as
danger of substantive evil that Congress has a right to prevent. the conduct of free, orderly and honest elections), they cannot be
pursued by means that broadly stifle fundamental personal liberties
Subsequent Punishment when the end can be more narrowly achieved.
 Freedom from prior restraint is a limitation on the power of the State to o The clear and present danger test is applicable in this case.
impose a punishment after publication or dissemination  Clear and present, as defined in the case:
o Without this assurance, the individual would hesitate to speak for o Clear – causal connection with the danger of the substantive evil
fear that he might be held to account for his speech, or that he arising from the utterance questioned
might be provoking the vengeance of the officials he may have o Present – involves time element, identified with imminent and
criticized. immediate danger; the danger must not only be probable, but very
o This freedom is not absolute, and may be properly regulated in the likely inevitable
interest of the public. Accordingly, the State may validly impose
penal and/or administrative sanctions. Ayer Prod. PTY. LTD. v. Judge Capulong (public figure)
 A person who, by his accomplishments, fame, mode of living, or by
People v. Perez (dangerous tendency rule) adopting a profession or calling which gives the public a legitimate interest
 Perez uttered the ff. (in Spanish) in a gathering at the presidencia of Pilar in in his doings, his affairs and his character, has become a public personage.
front of many people: “The Filipinos must use bolos for cutting off [Gov. He is, in other words, a celebrity.
Gen Leonard] Wood’s head for having recommended a bad thing for the  The SC upheld the primacy of freedom of expression over Enrile’s “right to
Filipinos, for he has killed our independence.” privacy”, because Enrile was a “public figure”, and a public figure’s right to
 Due to this, he was convicted of the violation of the Treason and Sedition privacy is narrower than that of an ordinary citizen.
Law. o Besides, the movie “A Dangerous Life” would not have been
o Criticism on the gov’t, no matter how severe, is within the range of historically faithful without including therein the participation of
liberty of speech, unless the intention and effect be seditious. Enrile in the EDSA Revolution.
o This must then yield to the dangerous tendency rule. Seditious o Thus, the intrusion into Enrile’s right to privacy is not
statements must be punished to maintain the integrity and prestige unreasonable.
of authority and the State.
Tests for Valid Gov’t Interference to Freedom of Expression
Dennis v. US (overthrow of gov’t) 1. Clear and Present Danger Rule
 The Smith Act makes it a crime to knowingly and willfully advocate the o Inquires on whether words are used in such circumstance and of
overthrow of the gov’t by force or by violence, or organize a group which such nature as to create a clear and present danger that will bring
does so or conspires to do so. about the substantive evil that the State has the right to prevent
 Petitioners are leaders of the Communist Party in the US, which sought to  Clear – causal connection with the danger of the
overthrow the gov’t. substantive evil arising from the utterance questioned
o They were then convicted with violation of the Smith Act.  Present – involves time element, identified with imminent
 The US SC upheld their convictions. and immediate danger; the danger must not only be
o What the law punishes is not speech but advocacy. The restraint on probable, but very likely inevitable
speech is incidental. o On the basis of numerous pronouncements by the SC, it seems that
o A conviction relying on speech as evidence of violation may only there is more an inclination to apply the clear and present danger
be sustained when the speech creates a clear and present danger of rule
attempting or accomplishing the prohibited act.
ANDREA CONSTI2 MIDTERMS | 27
 2. Dangerous Tendency Rule was held to be an unconstitutional abridgment of freedom of expression for
o It states that a person could be punished for words uttered or for laying a prior restraint on the freedom.
ideas expressed which create a dangerous tendency, or which will  If the test for content-neutral regulation (O’Brien Test) is applied, the
cause or bring about a substantive evil which the State has the questioned acts of COMELEC will not pass the requirements evaluating
right to prevent such restraints on freedom of speech. A gov’t regulation is justified if:
o If the words uttered create a dangerous tendency which the State 1. It is within the constitutional power of the gov’t
has a right to prevent, then such words are punishable 2. It furthers an important or substantial gov’t interest
 It is not necessary that some definite or immediate acts of 3. The gov’t interest is unrelated to the suppression of free expression
force, violence, or unlawfulness be advocated. It is 4. The incident restriction on alleged freedom of speech and
sufficient that such be advocated in general terms. expression is no greater than is essential to the furtherance of that
 Nor is it necessary that the language used be reasonably interest
calculated to incite persons to acts of force, violence or  The section is invalid because:
unlawfulness. It is sufficient it the natural tendency and 1. It imposes a prior restraint on freedom of expression
probable effect of the utterance be to bring about the 2. It is a direct and total suppression of a category of expression even
substantive evil which the legislative body seeks to though such suppression is only for a limited period
prevent 3. The gov’tal interest sought to be promoted can be achieved by
3. Balancing of Interests Rule means other than the suppression of freedom of expression
o A principle which requires a court to consider the circumstances in  The restriction in the present case does not pass even the lower test of
each particular case, and thereafter, it shall settle the issue of intermediate scrutiny for content-neutral regulations.
which right demands greater protection
o It is used as a standard when courts need to balance conflicting Diocese of Bacolod v. COMELEC
social values and individual interests, and requires a conscious and  The message of petitioner (contained in the tarpaulin), taken as a whole, is
detailed consideration of the interplay of interests observable in a an advocacy of a social issue that it deeply believes.
given situation o Through rhetorical devices, it communicates the desire of the
o When a particular conduct is regulated in the interest of public Diocese that the positions of those who run for a political position
order, and the regulation results in an indirect, conditional and on this social issue be determinative of how the public will vote.
partial abridgment of speech, the duty of the court is to determine o It primarily advocates a stand on a social issue. Only secondarily,
which of the two conflicting interests demands the greater even almost incidentally, will it cause the election or non-election
protection under the particular circumstances presented of a candidate.
 Regulation of speech in the context of electoral campaigns made by persons
Speech and Electoral Process who are not candidates or who do not speak as members of a political party
Adiong v. COMELEC (election propaganda) which are, taken as a whole, principally advocates of a social issue that the
 The COMELEC’s resolution prohibiting the posting of decals and stickers public must consider during elections is unconstitutional.
in mobile units like cars and other moving vehicles was declared o Such regulation is inconsistent with the guarantee of according the
unconstitutional for infringement of freedom of expression. fullest possible range of opinions coming from the electorate
 Furthermore, the restriction was so broad as to include even the citizen’s including those that can catalyze candid, uninhibited, and robust
privately owned vehicles, equivalent to deprivation of property without due debate in the criteria for the choice of a candidate.
process of law. Besides, the constitutional objective of giving the rich and  Such regulation will be valid only if what is regulated is declarative speech
poor candidates equal opportunity to inform the electorate is not violated by that, taken as a whole, has for its principal object the endorsement of a
the posting of decals and stickers on cars and other vehicles. candidate only. The regulation should be:
o Provided by law
SWS v. COMELEC (2001) (election survey before election) o Reasonable
 Sec. 5.4 of RA 9006 which provides that “surveys affecting national o Narrowly-tailored to meet the objective of enhancing the
candidates shall not be published 15 days before an election and surveys opportunity of all candidates to be heard and considering the
affecting local candidates shall not be published 7 days before an election”, primacy of the guarantee of free expression
ANDREA CONSTI2 MIDTERMS | 28
 o Demonstrably the least restrictive means to achieve that object Davao City v. Aranjuez
 The regulation must only be with respect to the time, place and manner of  Members and Officers of NAMANDACWAD were suspended and/or
the rendition of the message. dismissed from employment because of wearing shirts and posting their
grievances during the anniversary celebration of DCWD.
1-United v. COMELEC  The CSC acting on appeal of the employees, ruled that the decision violated
 Petitioner 1-UTAK assails the validity of Section 7 (f) of COMELEC their constitutional right to assemble and petition for redress of grievances.
Resolution No. 9615, which prohibits the posting of election propaganda in The CA and SC affirmed such.
PUVs and public transport terminals, for being violative of the equal  It is correct to conclude that those who enter government service are
protection clause and the free speech clause. subjected to a different degree of limitation on their freedom to speak their
 Prohibition on posting election campaign materials is an invalid content- mind.
neutral regulation repugnant to the free-speech clause. o However, it is not tantamount to the relinquishment of their
o Content-neutral regulation, or one merely concerned with the constitutional right of expression otherwise enjoyed by citizens
incidents of speech, or one that merely controls the time, place or just by reason of their employment.
manner, and under well-defined standards is constitutionally  It is the Court’s responsibility to ensure that citizens are not deprived of
permissible, even if it restricts the right to free speech, provided these fundamental rights by virtue of working for the government.
that the following requisites concur: o A regulation of the freedom of expression is not removal of the
 First, the government regulation is within the constitutional right.
constitutional power of the Government
 Second, it furthers an important or substantial Commercial Speech
governmental interest  Communication whose sole purpose is to propose a commercial transaction
 Third, the governmental interest is unrelated to the  Has not been accorded the same level of protection as that given to what is
suppression of free expression called a “core” speech such as a political speech
 Fourth, the incidental restriction on freedom of expression  For commercial speech to enjoy protection, it must not be false or
is no greater than is essential to the furtherance of that misleading and should not propose an illegal transaction
interest  However, even truthful and lawful commercial speech may be regulated if
o The prohibition fails to satisfy all the requisites for a valid content- (Central Hudson Test):
neutral regulation (1st and 4th requisite missing) 1. The gov’t has substantial interest to protect
2. The regulation directly advances that interest
SWS v. COMELEC (2015) 3. It is not more extensive than is necessary to protect that interest
 COMELEC is requiring SWS and Pulse Asia to disclose the commissioners 4. It must not be overbroad
of their published surveys by virtue of a Resolution.
o COMELEC asserts that the disclosure is in accordance with he Rubin v. Coors Brewing (liquor labels)
Fair Elections Act because it affects the voting public’s decision  Coors submitted their liquor labels and other advertisements to BATF.
making. o Said bureau denied approval because revealing alcohol content on
o SWS and Pulse allege that such is ultra vires and that it limits their liquor labels is invalid as they promote “strength wars”, based on a
freedom of speech. law.
 The SC ruled that the freedom to publish election surveys remains. o The US District Court struck down the law.
o All Resolution No. 9674 does is articulate a regulation as regards  The US SC held that while there was a substantial gov’t interest, the means
the manner of publication, that is, that the disclosure of those who did not further this interest in a material way.
commissioned and/or paid for, including those subscribed to,  This case employed the Central Hudson Test for determining W/N
published election surveys must be made. suppression of commercial speech passes scrutiny:
1. The gov’t has substantial interest to protect
2. The regulation directly advances that interest
3. It is not more extensive than is necessary to protect that interest
4. It must not be overbroad
ANDREA CONSTI2 MIDTERMS | 29
Unprotected Speech  However, the picture posted was actually that of a Fidel G. Cruz, a
Libel businessman from Bulacan.
 “A libel is a public and malicious imputation of a crime, or of a vice or o The magazine immediately retracted and corrected the mistake, but
defect, real or imaginary, or any act, omission, condition, status, or Fidel G. Cruz still went to the court for damages.
circumstance tending to cause the dishonor, discredit, or contempt of a o The damages were awarded.
natural or juridical person, or to blacken the memory of one who is dead.”  The standard treatise of Newell on Slander and Libel: “Publication of a
(Article 353, RPC) person’s photograph in connection with an article libelous of a third person,
 “Every defamatory imputation is presumed to be malicious, even if it be is a libel on the person whose picture is published, where the acts set out in
true, if no good intention and justifiable motive for making it is shown, the article are imputed to such person.”
except in the following cases:
1. A private communication made by any person to another in the Hustler Magazine v. Falwell
performance of any legal, moral or social duty; and  Petitioner Hustler Magazine published a parody for respondent Falwell, a
2. A fair and true report, made in good faith, without any comments commentator on politics.
or remarks, of any judicial, legislative or other official proceedings o Falwell in the parody was portrayed to be a hypocritical preacher.
which are not of confidential nature, or of any statement, report or He was drawn to be in a drunken incestuous rendezvous with his
speech delivered in said proceedings, or of any other act performed mother.
by public officers in the exercise of their functions.” (Article 354, o Respondent Falwell filed for damages upon publication of such
RPC) material.
o Lower court and CA favored respondent on the damages.
Policarpio v. Manila Times (protected if true, and done in good faith)  The SC however, reversed. According to the SC, the actual malice rule
 Lumen Policarpio (executive secretary of UNESCO) filed charges against should be applied in the case.
Reyes, which caused the latter’s termination. o Actual Malice Rule: Public figures and public officials may not
o Reyes, in turn, instituted an administrative and a criminal recover for the tort of intentional infliction of emotional distress by
proceeding against Policarpio. reason of publications such as the one here at issue without
 The Manila Times started publishing articles about these cases. showing, in addition, that the publication contains a false statement
o Reyes assails these publications as libel because they contained a of fact which was made with “actual malice,” i.e., with knowledge
lot of erroneous things about the proceedings. that the statement was false or with reckless disregard as to
o A second article was published to correct the inaccuracies. whether or not it was true.
 Reyes still sought damages from the court, and these damages were  Because there is an absence of showing that the publication contains any
awarded to him. false statement of fact, such expression shall be protected by the First
 Newspapers may publish news items relative to judicial, legislative or other Amendment.
official proceedings, which, being official and non-confidential, are open to o Respondent is a public official and it would produce a chilling
public consumption. effect on publishers’ expression if the rules where any stricter.
o But to enjoy immunity, a publication containing derogatory
information must be not only true but also fair, and it must be Obscenity
made in good faith and without any comments or remarks. Miller v. California (mailing of adult materials)
 The jury and Appeals Department of California convicted Miller of having
Lopez v. CA (wrong picture of person) violated the California Penal Code on distributing obscene matter.
 The Manila Chronicle (a magazine) published a story, which was termed  The SC ruled that obscenity does not come under First Amendment
the hoax of the year. protection.
o The story was about Fidel Cruz, a sanitation engineer who then o But statutes designed to regulate these must be carefully limited.
transmitted a message to the gov’t that they were living in terror  The basic guidelines for the trier of fact must be:
there. It turned out that he was just looking for a ride home. o Whether “the average person, applying contemporary community
o The magazine published a picture of this Cruz. standards” would find that the work, taken as a whole, appeals to
the prurient interest
ANDREA CONSTI2 MIDTERMS | 30
 o Whether the work depicts or describes, in a patently offensive  The SC, citing O’Brien, ruled that not all forms of non-speech expression is
way, sexual conduct specifically defined by the applicable state protected by the First Amendment.
law  Moreover, the statute passed the O’Brien test.
o Whether the work, taken as a whole, lacks serious literary, artistic, o O’Brien Test for Content-Neutral Regulations:
political, or scientific value 1. It is within the constitutional power of the gov’t
 Community standards must be used, not nat’l standards. 2. It furthers an important or substantial gov’t interest
3. The gov’t interest is unrelated to the suppression of free
Gonzales v. Kalaw-Katigbak (obscene movie) expression
 It was observed in previous jurisprudence that movies, compared to other 4. The incident restriction on alleged freedom of speech and
media of expression, have a greater capacity for evil and must, therefore, be expression is no greater than is essential to the
subjected to a greater degree of regulation. furtherance of that interest
 But the power of the Board of Review for Motion Pictures and Television o There is substantial government interest—that is, to protect morals
(BRMPT, now the MTCRB) can be exercised only for purposes of and public order.
“classification”, not censorship.  The SC also ruled that the statute did not prohibit non-obscene nude
 In this case, where the petitioner questioned the classification of the movie dancing per se, but just added a requirement that the dancers must wear
as “For Adults Only”, the petition was dismissed because the Board did not pasties and G-strings.
commit GADALEJ.
City of Renton v. Playtime Theatres
Pita v. CA  Playtime Theatres questions the city ordinance that prohibits adult motion
 Manila Mayor initiated an Anti-Smut campaign to which a wide seizure and picture theaters within 1,000 feet from any residential zone, church, park, or
destruction (by way of fire) was made on magazines, and other reading school.
materials that were found to be pornographic, obscene, and indecent. o Such is in the form of a zoning ordinance.
o One of the affected magazines was that of the petitioner, “Pinoy  The SC upheld the validity of the ordinance.
Playboy”. o The ordinance is a valid governmental response to the serious
o Petitioner then assailed the constitutionality of the act of the problems created by adult theaters and satisfies the dictates of the
Mayor, and claimed that his right to freedom of speech and of the First Amendment.
press was violated. o Since the ordinance does not ban adult theaters altogether, it is
o RTC ruled against him, to which the CA affirmed. properly analyzed as a form of time, place, and manner regulation.
 The SC reversed and ruled that such seizure was invalid. Any restriction as to expression is merely incidental.
o The right to freedom of speech and of the press of petitioner was
violated because there was lack of proof that justified the legality Bethel School Dist. v. Fraser
of the act of the respondents.  In front of 600 students in Bethel High School, Matthew Fraser delivered a
o “Immoral” lore or literature comes within the ambit of free speech nominating a fellow student for student elective office.
expression, although not its protection. o However, the speech connotes sexual innuendos that clearly were
o In free expression cases, the SC consistently has been in the side of obscene, lewd and inappropriate.
the exercise of such right, barring a “clear and present danger” that o The Assistant Principal suspended Fraser.
would warrant State interference and action. o When he appealed, the District Court ruled in Fraser’s favor that
the school violated his right to freedom of speech and expression.
Barnes v. Glen Theater  The SC reversed the decision and ruled in favor of the School.
 The State on Indiana passed a statute called as the public indecency law. o The SC held that the school has a duty to protect its students from
o It states that those who dance nude in public must wear pasties and such offensive language and prohibit those that are deemed to be
G-strings. inappropriate.
o Respondent establishments and dancers contend that said o The first amendment does not allow obscene and lewd speech and
prohibition violates the First Amendment as it protects expression is not absolute, that is why it may be regulated.
such as non-obscene nude dancing.
ANDREA CONSTI2 MIDTERMS | 31
  The undoubted freedom to advocate unpopular and controversial views in  The PH obligation under the Vienna Convention to protect the premises of
schools and classrooms must be balanced against the society’s embassies must be honored but it does not preclude application of clear and
countervailing interest in teaching students the boundaries of socially present danger rule
appropriate behavior.  If assembly is to be held at a public place, permit for the use of such place,
o Even the most heated political discourse in a democratic society and not for the assembly itself, may be validly required. Power of local
requires consideration for the personal sensibilities of the other officials is merely for regulation and not for prohibition.
participants and audiences.
Rules on Assembly and Petition (Reyes v. Bagatsing)
Hazelwood School Dist. v. Kuhlmeier 1. The applicant for a permit to hold an assembly should inform the licensing
 Petitioners are officials of the Hazelwood East School District. The authority of the date, the public lace where and the time when it will take
respondents are three students who were staffs of Spectrum, the school place. If it is a private place, only the consent of the owner or of the one
newspaper. entitled to its legal possession is required
o The students are alleging that the deletion of the principal of two 2. The application should be filed ahead in time to enable the public official
pages containing two articles, one on pregnancy and one on concerned to appraise whether there may be valid objections to the grant of
divorce, in the recent newspaper that they decided to publish the permit or to its grant but to another public place
arrogated upon their First Amendment rights. o Note: It is an indispensable condition to such refusal or
 Students cannot be punished merely for expressing their personal views on modification that the clear and present danger test be the standard
the school premises unless school authorities have reason to believe that for the decision reached
such expression will substantially interfere with the work of the school or 3. The decision of the public authority, favorable for the adverse, must be
impinge upon the rights of other students. transmitted to the applicant at the earliest possible opportunity so they can
 Reynolds’ decision was reasonable because: have recourse to the proper judicial authority
o The students who had written and edited these articles had not
sufficiently mastered those portions of the Journalism II Permit for public assembly is not necessary if meeting is to be held in the ff places
curriculum that pertained to the treatment of controversial issues (BP 880: The Public Assembly Act of 1985)
and personal attacks  Private place
o The need to protect the privacy of individuals whose most intimate  The campus of a gov’t-owned or operated educational institution
concerns are to be revealed in the newspaper  Freedom park
o The legal, moral, and ethical restrictions imposed upon journalists
within a school community that includes adolescent subjects and Tests of a Lawful Assembly
readers 1. Purpose for which it is held regardless of the auspices under which it is
organized (De Jonge v. Oregon)
Assembly and Petition 2. Auspices Test – inquires into the nature of the people composing the
 The right to assemble is not subject to prior restraint and may not be assembly (Evangelista v. Earnshaw)
conditioned upon the prior issuance of a permit or authorization from the
gov’t authorities Procedure under BP 880
 However, the right must be exercised in such a way that it will not prejudice 1. An application for the permit to assemble shall be filed before the Office of
the public welfare the Mayor within 5 working days before the scheduled public assembly
2. Upon receipt, the same shall be immediately be posted at a conspicuous
Extent of Authority of the State to Regulate Public Assemblies place in the city or municipal building
 Primacy of human rights (freedom of expression, of peaceful assembly and 3. The mayor shall act on the application within 2 working days from the date
of petition for redress of grievances) over property rights has been sustained the application was filed, failing which, the permit shall be deemed granted
 To justify limitations on freedom of assembly there must be proof of o If granted: the permit shall be issued
sufficient weight to satisfy the clear and present danger test o If denied/modified: the application may contest the decision in an
appropriate court of law

ANDREA CONSTI2 MIDTERMS | 32

  Note: Should for any reason the mayor or any official Section 5.
acting in his behalf refuse to accept the application for a No law shall be made respecting an establishment of religion, or prohibiting the free
permit, said application shall be posted by the applicant exercise thereof. The free exercise and enjoyment of religious profession and
on the premises of the office of the mayor and shall be worship, without discrimination or preference, shall forever be allowed. No
deemed to have been filed religious test shall be required for the exercise of civil or political rights.

Bayan v. Ermita (no permit, no rally; CPR) Religion

 The provisions of BP 880 are not an absolute ban of public assemblies but a  It is any specific system of belief, worship, conduct, etc. often involving a
restriction that simply regulates the time, place and manner of the code of ethics and philosophy, profession of faith to an active power that
assemblies. The SC referred to it as a “content-neutral” regulation. binds and elevates man to his Creator
 In view of the maximum tolerance mandated by BP 880, Calibrated Pre-  The separation of church and state delineate the boundaries between 2
emptive Response serves no valid purpose if it means the same thing as institutions to avoid encroachment by one against another
maximum tolerance and is illegal if it means something else.
o Accordingly, what is to be followed is and should be that Non-establishment of Religion
mandated by the law itself, namely, maximum tolerance, which  The non-establishment clause prohibits the state from passing “laws which
specifically means “the highest degree of restraint that the military, aid one religion, aid all religions or prefer one religion over another.”
police and other peace keeping authorities shall observe during a (Everson v. Board of Education)
public assembly or in the dispersal of the same”  Intermediate views:
o The non-establishment clause prohibits only direct support of
institutional religion but not support indirectly accruing to
churches and church agencies through support given to members
o Both direct and indirect aid to religion are prohibited but only if
the support involves preference of one religion over another or
preference of religion over irreligion
 Scope of the Non-Establishment Clause:
o State cannot set up a church
o Cannot pass laws which aid one or all religions or prefer one over
another
o Cannot influence a person to go to or remain away from church
against his will
o Force him to profess a belief or disbelief in any religion
 Values the Non-Establishment Clause seeks to protect:
o Voluntarism
 As a personal value: inviolability of the human
conscience which is also protected by the free exercise
clause
 As a social value: the growth of a religious sect as a social
force must come from the voluntary support of its
members because of the belief that both spiritual and
secular society will benefit if religions are allowed to
compete on their own intrinsic merit without benefit of
official patronage
o Insulation of the political process from interfaith dissent

ANDREA CONSTI2 MIDTERMS | 33

  Such voluntarism cannot be achieved unless the political  Article XIV, Section 3(3)
process is insulated from religion and unless religion is o “At the option expressed in writing by the parents or guardians,
insulated from politics religion shall be allowed to be taught to their children or wards in
 In effect, therefore, what non-establishment calls for is gov’t neutrality in public elementary and high schools within the regular class hours
religious matters. by instructors designated or approved by the religious authorities
o Gov’t must not prefer one religion over another or religion over of the religion to which the children or wards belong, without
irreligion because such preference would violate voluntarism and additional cost to the Government.”
breed dissension  Article XIV, Section 4(2)
o Gov’t funds must not be applied to religious purposes because this o “Educational institutions, other than those established by religious
too would violate voluntarism and breed interfaith dissension groups and mission boards, shall be owned solely by citizens of
o Gov’t action must not aid religion because this too would violate the Philippines or corporations or associations at least sixty per
voluntarism and breed interfaith dissension centum of the capital of which is owned by such citizens. The
o Gov’t action must not result in excessive entanglement with Congress may, however, require increased Filipino equity
religion because this too would violate voluntarism and breed participation in all educational institutions.
interfaith dissension
The control and administration of educational institutions shall be
Other provisions in the Constitution expressing the non-establishment principle vested in citizens of the Philippines.”
 Article II, Section 6 There are two opposing strains with regard to the religion clauses in US
o “The separation of Church and State shall be inviolable.” jurisprudence (Estrada v. Escritor)
 Article VI, Section 29(2)  Strict neutrality/strict separation
o “No public money or property shall be appropriated, applied, paid, o Anchored on the Jeffersonian premise that a “wall of separation”
or employed, directly or indirectly, for the use, benefit, or support must exist to protect the State from the Church.
of any sect, church, denomination, sectarian institution, or system o This approach is rigidly read. From the State, religious institutions
of religion, or of any priest, preacher, minister, or other religious cannot receive aid, whether direct or indirect. Neither can it adjust
teacher, or dignitary as such, except when such priest, preacher, its secular programs to alleviate the burdens they have placed on
minister, or dignitary is assigned to the armed forces, or to any believers.
penal institution, or government orphanage or leprosarium.” o View in Everson v. Board of Education
 Emphasis is on the State’s neutrality in its relations with
Constitutionally created exemptions to the non-establishment clause groups of religious believers and nonbelievers.
 Article VI, Section 28(3)  This view does not espouse any hostility to religion, but
o “Charitable institutions, churches and parsonages or convents simply holds that religion may not be used as basis for
appurtenant thereto, mosques, non-profit cemeteries, and all lands, classification for purposes of governmental action,
buildings, and improvements, actually, directly, and exclusively whether the action confers rights or privileges or imposes
used for religious, charitable, or educational purposes shall be duties or obligations.
exempt from taxation.” o In other words, only secular criteria may be the basis of the
 Article VI, Section 29(2) government’s action.
o “No public money or property shall be appropriated, applied, paid,  The only dilemma arising from this view however is that,
or employed, directly or indirectly, for the use, benefit, or support while ideal, Church and State cannot be totally separate.
of any sect, church, denomination, sectarian institution, or system  Benevolent neutrality/accommodation test
of religion, or of any priest, preacher, minister, or other religious o Recognizes that religion plays an important role in public life.
teacher, or dignitary as such, except when such priest, preacher,  Hence, the accommodation of religion may be allowed,
minister, or dignitary is assigned to the armed forces, or to any not to promote any of its favored forms, but to allow
penal institution, or government orphanage or leprosarium.” individuals and groups to exercise their respective
religions without hindrance.

ANDREA CONSTI2 MIDTERMS | 34

 o The purpose is to remove a burden from, or facilitate a persons or o It does not foster an excessive gov’t entanglement with religion
an institution’s exercise of, religion. (Entanglement Prong)
o This approach looks further than the secular purposes of gov’t  In this case, Pennsylvania’s Non-public Elementary and Secondary
action and examines the effect of these actions on religious Education Act was found unconstitutional on the ground that the substantial
exercise, religious character of the schools involved and the comprehensive measures
o The Court will strive to accommodate religious beliefs and of surveillance which the provisions of the acts required would give rise to
practices when it can within flexible constitutional limits. excessive church-state entanglement contrary to the non-establishment
o The PH adheres to the principle of benevolent neutrality clause.

Aglipay v. Ruiz (postage stamps incidental benefit to religion) Tilton v. Richardson (construction grants to schools)
 It is obvious that while the issuance and sale of the stamps in question may  In this case, the SC upheld the validity of the Higher Education Facilities
be said to be inseparably linked with an event of a religious character, the Act of 1963.
resulting propaganda, if any, received by the Roman Catholic Church, was o The act provided federal construction grants for colleges and
not the aim and purpose of the Government. universities, excluding “any facility used or to be used for
 The Government should not be embarrassed in its activities simply because sectarian instruction or as a place for religious worship, or ...
of incidental results, more or less religious in character, if the purpose had primarily in connection with any part of the program for a school
in view is one which could legitimately be undertaken by appropriate or department of divinity.”
legislation. o Moreover, a 20-year interest in any facility constructed with the
 The main purpose should not be frustrated by its subordinate to mere funds was retained.
incidental results not contemplated.  The act was found to have passed the Schempp and the Lemon Tests (did
not violate any of the 3 prongs).
Garces v. Estenzo o However, the part providing for unlimited use after 20 years was
 If there is nothing unconstitutional or illegal in holding a fiesta and having a invalidated as amounting to a contribution to a religious body.
patron saint for the barrio, then any activity intended to facilitate the
worship of the patron saint (such as the acquisition and display of his County of Allegheny v. American Civil Liberties Union (government endorsement
image) cannot be branded as illegal. to crèche and menorah)
 Greater Pittsburgh questions the display of a crèche (Christian Nativity
Board of Education v. Allen (providing textbooks to schools) scene) and menorah (Jewish candelabra) at the front of government offices
 The SC here is faced with a statute which required “local public school during the winter season.
authorities to lend textbooks free of charge to all students in grades seven o They argue that such display shows favor to the Christian and
through twelve; students attending private schools [were] included.” Jewish faith and is violative of the Establishment Clause.
 Although evidently the law could have a financially beneficial effect on  The SC held the display of the crèche as violative of the Clause for it gives
sectarian schools, the law was nonetheless upheld. the idea of endorsing a specific religious belief.
 Applying the neutrality test formulated in Abington School District v. o However, it upholds the validity of the menorah display for it
Schempp, the statute which covered only secular textbooks, was found to stands beside a giant Christmas tree which has attained a secular
have “a secular legislative purpose and a primary effect that neither symbol. The tree merely represents the holiday and not a specific
advances nor inhibits religion.” religion.
 It has been noted that the prohibition against gov’tal endorsement of
Lemon v. Kurtzman (salary subsidy to teachers) religion “precludes government from conveying or attempting to convey a
 Tests to determine when there is no violation of the non-establishment message that religion or a particular religious belief is favored or
clause: preferred.”
o The statute has a secular legislative purpose (Purpose Prong) o The gov’t’s use of religious symbolism is unconstitutional if it has
o Its principal or primary effect is one that neither advances nor the effect of endorsing religious beliefs, and the effect of the
inhibits religion (Effect Prong) government’s use of religious symbolism depends upon its
context.
ANDREA CONSTI2 MIDTERMS | 35
Imbong v. Ochoa (RH Law) Victoriano v. Elizalde (closed shop agreements)
 The principle of separation of Church and State is based on mutual respect.  In this case, the SC upheld a provision of the old Industrial Peace Act which
o The State cannot meddle in the internal affairs of the Church, excluded from the application and coverage of a closed shop agreement
much less question its faith and dogmas or dictate upon it. employees belonging to any religious sect which prohibits affiliation of any
o On the other hand, the Church cannot impose its beliefs and of their members with any labor employees.
convictions on the state and the rest of the citizenry. It cannot  The free exercise of religious profession or belief is superior to contract
demand that the nation follow its beliefs, even if it sincerely rights.
believes that they are good for the country. o In case of conflict, the latter must yield to the former.
 Religious freedom, although not unlimited, is a fundamental personal right
In re: Valenciano and liberty, and has a preferred position in the hierarchy of values.
 The holding of masses at the basement of the City Hall of Justice does not o Contractual rights, therefore, must yield to freedom of religion.
violate the constitutional principle of separation of church and state, as well o It is only where unavoidably necessary to prevent an immediate
as the constitutional prohibition against appropriation of public money or and grave danger to security and welfare of the community that
property for the benefit of any sect, church, denomination, sectarian infringement of religious freedom may be justified, and only to the
institution, or system of religion. smallest extent necessary to avoid danger.
 Despite the fact that there is a separation of church and state, the court still  Religious conviction can be a justifiable basis for classification for special
recognizes the inherent right of the people to have some form of belief treatment.
system, whether such may be belief in a Supreme Being, a certain way of
life, or even an outright rejection of religion. Cantwell v. Connecticut (prior restraint)
o Imbong v. Ochoa: our very own Constitution recognizes the  The constitutional inhibition of legislation on the subject of religion has a
heterogeneity and religiosity of our people double aspect.
o Aglipay v. Ruiz: the Court acknowledged how religion could serve o On the one hand, it forestalls compulsion by law of the acceptance
as a motivating force behind each person’s actions of any creed or the practice of any form of worship. Freedom of
conscience and freedom to adhere to such religious organization or
Free Exercise of Religion form of worship as the individual may choose cannot be restricted
 The basis of the free exercise clause is the respect for the inviolability of the by law.
human conscience. o On the other hand, it safeguards the free exercise of the chosen
 The judicial task in free exercise cases is one of balancing the secular form of religion.
interest of the state with the interest of religion.  Thus, the Amendment embraces two concepts – freedom to believe and
o Balancing test to measure three elements of the competing gov’tal freedom to act.
interest: o The first is absolute, but, in the nature of things, the second cannot
 Importance of the secular value underlying the gov’tal be.
regulation
 Degree of proximity and necessity that the chosen US. v. Ballard (good faith in believing)
regulatory means bear to the underlying value  The absoluteness of the freedom to believe carries with it the corollary the
 Impact that an exemption for religious reasons would gov’t, while it may look into the good faith of a person, cannot inquire into
have on over-all regulatory program a person’s religious pretensions.
o This assessment of the state’s interest would have to be balanced o “Heresy trials are foreign to [the US] Constitution. Men may
against the claim for religious liberty, which has two factors: believe what they cannot prove. They may not be put to the proof
 Sincerity and importance of the religious practice for of their religious doctrines or beliefs.”
which special protection is claimed  The moment, however, belief flows over into action, it becomes subject to
 Degree to which the gov’tal regulation interferes with that gov’t regulation.
practice

ANDREA CONSTI2 MIDTERMS | 36

Ebralinag v. Division Superintendent of Schools of Cebu (flag ceremony) o They are not neutral regulations as they are obviously directed
 This case reversed the ruling in Gerona: against the Santeria religion.
o This case involved a challenge by Jehovah’s Witnesses against a o The ordinance fails the strict scrutiny test.
DO issued by the Sec. of Education implementing RA 1265 which  A law which is not neutral and does not apply generally must follow the ff.
prescribed compulsory flag ceremonies in all public schools. requisites:
o Petitioner’s children had refused to salute the PH flag, sing the o Justified by a compelling gov’t interest
nat’l anthem, or recite the patriotic pledge. Hence, they were o Narrowly tailored (neither overbroad nor too specific)
expelled from school.
o “If the exercise of said religious belief clashes with the established Estrada v. Escritor (court official with live-in partner; benevolent neutrality)
institutions of society and with the law, then the former must yield  This case was about a clerk of court who was living with a man without
and give way to the latter.” benefit of marriage.
 In this case, the SC ruled that to compel students to take part in a flag o Her situation was thought to be incompatible with her office in
ceremony when it is against their religious beliefs will violate their religious court and her dismissal from the service was being sought.
freedom.  The SC remanded the case to the OCA, and the SolGen was ordered to
 There is a need for a delicate balancing of legitimate interests of the state in intervene the case. He was instructed to:
the education of the young and the equally legitimate interest of parents in o Examine the sincerity and centrality of respondent’s claimed
the religious upbringing of their children. religious belief and practice
o Present evidence on the state’s “compelling interest” to override
Goldman v. Weinberger (yarmulke in military) respondent’s religious belief and practice
 Goldman was seen wearing his yarmulke indoors in contravention of the o Show that the means the state adopts in pursuing its interest is the
Air Force Regulation 35-10. least restrictive means to respondent’s religious freedom
o He was then given a formal complaint ordered not to wear a  On reconsideration, the clerk of court’s right of the woman was upheld on
yarmulke while on duty and in uniform as a commissioned officer the basis of “benevolent neutrality” (mentioned above)
in the Air Force Base.
o He contended that the AFR 35-10 violated his right to the First Perfecto v. Esidera
Amendment freedom to exercise his religious beliefs.  The Court, in resolving cases that touch on issues of morality, is bound to
 The SC held that the regulation is valid because the military reasonably remain neutral and to limit the bases of its judgment on secular moral
regulates the dress code in the interest of the military’s perceived need for standards.
uniformity.  When laws or rules refer to morals or immorality, courts should be careful
 The individual interest of the military personnel must yield for a larger not to overlook the distinction between secular and religious morality if it is
civilian community. to keep its part in upholding constitutionally guaranteed rights.
o The essence of military service “is the subordination of the desires
and interest of the individual to the needs of the service.”
o But “within the military community, there is simply not the same
individual autonomy as there is in the larger civilian community.”

Church of the Lukumi v. City of Hialeah (animal sacrifice)

 The Santeria religion conducts animal sacrifices in certain occasions. They
planned to build a church in the City of Hialeah.
 Hialeah subsequently passed ordinances which prohibited sacrificing
animals, among other things.
 The ordinances were held as unconstitutional.
o They pose a hindrance to the free exercise of religion by the
Santeria religion.

ANDREA CONSTI2 MIDTERMS | 37

Section 6. Marcos v. Manglapus (right to return in the country not included)
The liberty of abode and of changing the same within the limits prescribed by law  The right to return to one’s country is not included in the right to travel. The
shall not be impaired except upon lawful order of the court. Neither shall the right to right to travel only includes:
travel be impaired except in the interest of national security, public safety, or public o The right to travel from the PH to another country
health, as may be provided by law. o The right to travel within the PH

Liberty of Abode and Right to Travel Yap v. CA (not disallowed, merely requiring certification from Mayor prior to
 The liberty of abode includes the right to choose one’s residence, to leave change of residence)
whenever he pleases and to travel wherever he wills.  In this case, the CA imposed the condition that the accused secure “a
 The right to travel refers to the right to move from one place to another. certification/guaranty from the Mayor of the place of his residence that he is
 While the right to travel of citizens covers both exit from and entry to the a resident of the area and that he will remain to be a resident therein until
country, aliens cannot claim the same right. final judgment is rendered or in case he transfers residence, it must be with
o Every sovereign nation has the power to forbid the entrance of prior notice to the court.”
foreigners within its dominions, or to admit them only in such  The SC held the condition to be a “lawful order” consistent with the nature
cases and upon such conditions as it may see fit to prescribe and function of a bail bond.
(Nishimura Eiku v. US)
 A country has the power to prohibit a person admitted to bail from leaving
the PH.
o This is a necessary consequence of the nature and function of a
bail bond (Manotoc v. CA)

Limitations on the Liberty of Abode and Right to Travel

 The liberty of abode may be impaired only upon lawful order of the court
and within the limits prescribed by law. Right to travel may be curtailed
even by administrative authorities, in the interest of nat’l security, public
safety or public health as may be provided by law.
 Under the Human Security Act, cases where evidence of guilt is not strong,
and the person charged with the crime of terrorism as therein defined is
entitled to bail and is granted the same, the court upon application by the
prosecutor, shall limit the right of travel of the accused within the
municipality or city where he resides or where the case is pending, in the
interest of na’tl security and safety. (RA 9372, Sec 26)

Villavicencio v. Lukban (deported prostitutes)

 The “deportation” of some 170 women of ill repute to Davao on orders of
the Mayor of Manila was held unlawful.
 If the City Mayor and Chief of Police can take to themselves such power,
then any official can do the same. And if a prostitute could be sent against
her wishes and under no law from one locality to another within the
country, then officialdom can hold the same club over the head of any
citizen.

ANDREA CONSTI2 MIDTERMS | 38

Section 7.  Other confidential matters
The right of the people to information on matters of public concern shall be o The Ethical Standards Act (RA 6713) prohibits public officials and
recognized. Access to official records, and to documents, and papers pertaining to employees from using or divulging “confidential or classified
official acts, transactions, or decisions, as well as to government research data used information officially known to them by reason of their office and
as basis for policy development, shall be afforded the citizen, subject to such not made available to the public.”
limitations as may be provided by law. o Other acknowledged limitations include diplomatic
correspondence, closed-door Cabinet meetings and executive
Information and Access to Official Records sessions of either house of Congress, and the internal deliberations
 The rights guaranteed by this section are: of the SC
o The right to information on matters of public concern
o The corollary right of access to official records and documents Legaspi v. CSC (eligibility of sanitarians)
 These are political rights available to citizens only, and are subject to  In this case, petitioner Legaspi had requested respondent for information on
limitations as may be provided by law. the eligibility of certain sanitary inspectors.
 The standards that have been developed for the regulation of speech and  Is such information a matter of public concern?
press and of assembly and petition, and of association are applicable to the o “Public concern,” like “public interest,” eludes exact definition.
right of access to information. They embrace a broad spectrum of subjects which the public may
 The right to information contemplates the inclusion of negotiations leading want to know, either because these directly affect their lives or
to the consummation of the transaction. simply because such matters arouse the interest of an ordinary
o Otherwise, the people can never exercise the right if no contract is citizen. Each case must be examined separately.
consummated, or if no one is consummated, it may be too late for o In this particular case, it must be said that a public official must be
the public to expose its defects. accountable to the people for his eligibility.
o However, the right only affords access to records, documents and  Does petitioner have standing to assert the right to information?
papers, which means the opportunity to inspect and copy them at o This is a matter of “public right” where the real party in interest is
his expense. the people. Any citizen therefore has “standing.”
o The exercise is also subject to reasonable regulations to protect the  If denied, what remedy does he have?
integrity of public records and to minimize disruption of gov’t o The remedy is mandamus.
operations. (Chavez v. PEA and Amari)
Valmonte v. Belmonte
Recognized limitations on the right to information (Chavez v. PCGG)  The SC ruled that the public nature of the loanable funds and the public
 Nat’l security matters – include state secrets regarding military, diplomatic office held by the alleged borrowers make the information sought clearly a
and other nat’l security, and information on inter-gov’t exchanges prior to matter of public interest and concern (first requisite).
the conclusion of treaties and executive agreements  Also, the SC ruled that looking at the intent of the framers of the
o Where there is no need to protect state secrets, the privilege to Constitution, the GSIS is not excluded from the right to information, as it is
withhold documents and other information may not be invoked, a GOCC (second requisite).
provided that they are examined “in strict confidence” and given  Hence, Valmonte et al. should be allowed to access said information.
“scrupulous protection”
 Trade secrets and banking transactions – pursuant to the Intellectual Chavez v. PCGG
Property Code (RA 8283) and other related laws, and to the Secrecy of  It is incumbent upon the PCGG and its officers, as well as other
Bank Deposits Act (RA 1405) government representatives, to disclose sufficient public information on any
 Criminal matters or classified law enforcement matters – “such as those proposed settlement they have decided to take up with the ostensible
relating to the apprehension, the prosecution and the detention of criminals, owners and holders of ill-gotten wealth.
which courts may not inquire into prior to such arrest, detention and  Such information, though, must pertain to definite propositions of the
prosecution” government, not necessarily to intra-agency or inter-agency
o Otherwise, efforts at effective law enforcement would seriously be recommendations or communications during the stage when common
jeopardized
ANDREA CONSTI2 MIDTERMS | 39
 assertions are still in the process of being formulated or are in the o The right to information does not extend to matters acknowledged
“exploratory” stage. as “privileged information under the separation of powers,” which
include Presidential conversations, correspondences, or
AKBAYAN v. Aquino (JPEPA diplomatic negotiations) discussions during closed-door Cabinet meetings.
 The privileged character of diplomatic negotiations has been recognized in o Every claim of exemption, is liberally construed in favor of
this jurisdiction. disclosure and strictly against the claim of confidentiality.
 In discussing valid limitations on the right to information, the SC in Chavez
v. PCGG held that information on inter-gov’t exchanges prior to the
conclusion of treaties and executive agreements may be subject to
reasonable safeguards for the sake of nat’l interest.
 The nature of diplomacy requires centralization of authority and expedition
of decision which are inherent in executive action.
 Another essential characteristic of diplomacy is its confidential nature.

Province of North Cotabato v. GRP Panel (MOA-AD peace negotiations not

exempted)
 The MOA-AD was a product of peace talks between the GRP and MILF.
o It creates the BJE and grants it a wide range of powers.
o Petitioners argue that GRP violated constitutional rights on public
consultation and information when they negotiated and signed
MOA-AD.
o Respondents argued that the contents of the MOA-AD are matters
of executive privilege.
 The SC said that people have a right to information on matters of public
concern and public officials have a duty likewise, of public disclosure.
o This includes the negotiations and steps leading up to the final
document.
o The peace process, as mandated by EO 3, is supposed to involve
consultations and dialogue with affected jurisdictions; the MOA-
AD was made without such.

Sereno v. Committee (minutes of EO 486)

 The Committee on Tariff and Related Matters (CTRM), an office under the
National Economic and Development Authority (NEDA), held a meeting in
which it resolved to recommend to President Arroyo the lifting of the
suspension of the tariff reduction schedule on petrochemicals and certain
plastic products, thereby reducing the Common Effective Preferential Tariff
(CEPT) rates on products covered by EO 161 from 7% or 10% to 5%.
 Paras, wrote to the CTRM Secretariat, to request a copy of the minutes of
the meeting held on May 23, 2005, which was denied.
 The SC held that the meeting was classified as a closed-door Cabinet
meeting by virtue of the committee’s composition and the nature of its
mandate dealing with matters of foreign affairs, trade and policy-making.
o Therefore, it is within the exceptions excluded from the coverage
of the right to access information.
ANDREA CONSTI2 MIDTERMS | 40
Section 8. o In the case of subversive organizations other than the Communist
The right of the people, including those employed in the public and private sectors, Party of the Philippines:
to form unions, associations, or societies for purposes not contrary to law shall not  That the purpose of he organization is to overthrow the
be abridged. present Gov’t of the PH and to establish in this country a
totalitarian regime under the domination of a foreign
Right to Form Association power
 The right to form associations shall not be impaired except through a valid  That the accused joined such organization
exercise of police power.  That he did so knowingly, willfully and by overt acts
o It is therefore an aspect of the general right to liberty. o In the case of the Communist Party of the Philippines:
 The right to form, or join, unions or associations, includes the right not to  That the CPP continues to pursue the objectives which led
join or, if one is already a member, to disaffiliate from the association. Congress in 1957 to declare it to be an organized
 The right to association is recognized as belonging to people whether conspiracy for the overthrow of the Gov’t by illegal
employed or unemployed, and whether employed in the gov’t or in the means for the purpose of placing the country under the
private sector. control of a foreign power
o The provision also explicitly recognizes that the right to form  That the accused joined the CPP
associations includes the right to unionize.  That he did so willfully, knowingly and by overt acts
 This provision sought to repeal the ff. provisions of PD 442 (Labor Code):  The SC refrains from making any pronouncement as to the crime of
o Art. 245. Security guards and other personnel employed for the remaining a member of the CPP or of any other subversive association. This
protection and security of the person, properties and premises of matter was left to future determination.
the employers shall not be eligible for membership in a labor  The gov’t must comply with the heavy burden of showing that the
organization. organization in fact presents a clear and present danger of a substantive evil
o Art. 246. Managerial employees are not eligible to join, assist, and which the state has the right to prevent.
form any labor organization.
Manila Public School Teachers v. Laguio
Other provisions in the Constitution expressing the right to association  Petitioners conducted a strike in protest of failure by DepEd to hear their
 Article IX-B, Section 2(5) numerous concerns
o “The right to self-organization shall not be denied to government o Sec. Cariño ordered the teachers to return to work within 24 hours.
employees.” Several were eventually dismissed for not following.
 Article XIII, Section 3 o Petitioner then filed a complaint at the RTC, where Judge Laguio
o “[The State] shall guarantee the rights of all workers to self- found the return to work order valid.
organization, collective bargaining and negotiations, and peaceful  Public school teachers do not have a right to strike. But the current ban on
concerted activities, including the right to strike in accordance them against strikes is statutory and may be lifted by statute.
with law. xxx”
 These provisions recognize the right to form unions (even by gov’t PADCOM v. Ortigas Center (automatic membership of buyer)
employees).  PADCOM bought a parcel of land from Tierra Dev’t Corp., where the
o However, the right to strike is qualified by the phrase “in Transfer Certificate of Title included a condition which automatically made
accordance with law.” the owner a member of the Ortigas Center Association, which collects fees
o The right to organize is seen as broader than the right to strike, and from its members.
thus, for valid reasons, the right to strike may be limited by law o Petitioner contends that it cannot be compelled to join an
and may be narrowly curtailed in the case of certain classes of association, as automatic membership violates his right to not
workers in both the public and private sector. associate.
 Under the Torrens system of registration, claims and liens of whatever
“Basic Guidelines” for Prosecution under the Anti-Subversion Act character, except those mentioned by law, existing against the land binds
 The ff. elements of the crime must be established: the holder of the title and the whole world.

ANDREA CONSTI2 MIDTERMS | 41

 The automatic membership clause is not a violation of petitioner’s freedom Section 9.
of association. Private property shall not be taken for public use without just compensation.
o PADCOM was never forced to join the association. It could have
avoided such membership by not buying the land. Nobody forced Eminent domain
it to buy the land when it bought the building with the annotation  The power of the state to take private property for public use upon payment
of the condition or lien on the Certificate of Title. of just compensation.
 It is a power possessed by the State and is exercised by the nat’l gov’t.
 The power of eminent domain may also be conferred upon municipal gov’ts
and other gov’t entities.
o The delegated power of eminent domain of local gov’ts is strictly
speaking not a power of eminent but inferior domain – a share
merely in the eminent domain.
o Hence, it is only as broad as the eminent authority would allow it
to be.
 Elements for the exercise of the power of eminent domain
o There is a “taking” of private property
o The taking must be for needed “public use”
o There must be “just compensation”
 Police Power v. Power of Eminent Domain
o Both police power and the power of eminent domain have the
general welfare for their object
o Police power regulates or may even destroy private property but
there is no transfer of ownership nor compensation
o Eminent domain transfers ownership and must be compensated

Elements of “Taking” (as discussed in the case of Republic v. Vda. de Castellvi)

1. The expropriator must enter upon the private property
2. The entrance must not be for a momentary period, that is, the entrance must
be permanent
3. The entry must be under warrant or color of legal authority
4. The property must be devoted to public use or otherwise informally
appropriated or injuriously affected
5. The utilization of the property must be in such a way as to oust the owner
and deprive him of all beneficial enjoyment of the property

Other notes on “Taking”

 When injurious private property is destroyed in the public interest, there is
no compensable taking.
 When municipal property is taken by the State, there is compensable taking
if it is a patrimonial property of the municipality. Otherwise, there is none.

Republic v. Vda. de Castellvi (rent by military; elements of taking)

 In this case, the gov’t had initially held Castellvi’s land as lessee.
 The SC ruled that the gov’t became an expropriator only when it took steps
that satisfied the elements of taking. (stated above)
ANDREA CONSTI2 MIDTERMS | 42
US v. Causby (navigable airspace) Philippine Columbian Association v. Hon. Panis (housing project)
 The SC here held that the Civil Aeronautic Authority set a minimum safe  The Revised Charter of the City of Manila, RA 409, expressly authorizes
flight altitude known as the navigable airspace. the City of Manila to “condemn private property for public use” (Sec. 3)
o The navigable airspace is public dominion, however, below that and “to acquire private land xxx and subdivide the same into home lots for
may be considered as private ownership, since the landowners own sale on easy terms to city residents” (Sec. 100).
as much airspace in order for them to utilize it – erect buildings.  The size of the property expropriated (half hectare only) does not mean that
 Although there was an easement taken over the property of Causby, there it can no longer be for public use.
can be no just compensation because it was not proven whether the nature  Public use also includes indirect public benefit or advantage, covering
and manner of taking was permanent or temporary, which is essential to the urban housing and land reform.
case.
o Flights over private land are not a taking, unless they are so low Masikip v. Pasig
and so frequent as to be a direct and immediate interference with  Where the city authorizes the taking of private property to be converted into
the enjoyment and use of the land. a sports facility for the benefit of a small community which seeks to have
its own sports and recreational facility, notwithstanding that there is such a
Penn Central Transportation v. NY City (not taking, there is still control of the recreational facility only a short distance away, the purpose is not clearly
owner) and categorically public.
 The landmark law which did not interfere with the Terminal’s present uses
or prevent Penn Central from realizing a “reasonable return” on its Just Compensation
investment did not constitute taking but was merely an exercise of police  The just and complete equivalent of the loss which the owner of the thing
power. expropriated has to suffer by reason of the expropriation
 The compensation given to the owner is just if he receives for his property a
OSG v. Ayala (free parking spaces in malls) sum equivalent to its “market value”
 The requirement of free parking constitutes an unlawful taking. o Price fixed by the buyer and seller in the open market in the usual
 In totally prohibiting respondents from collecting parking fees from the and ordinary course of legal trade and competition
public for the use of the mall parking facilities, the State would be acting o Price and value of the article established or shown by sale, public
beyond the bounds of police power. or private, in the ordinary way of business
o Fair value of the property as between one who desires to purchase
“Public Use” and one who desires to sell
 Public use means public usefulness, utility, or advantage, or what is  Includes not only the correct determination of the amount to be paid to
productive of general benefit owner of the land but also the payment for the land within a reasonable
 Any appropriating of private property by the state under its right of eminent period of time from its taking
domain, for purposes of great advantage to the community  Must include “consequential damages”
 Equivalent to “public welfare” in police power o Damages to other interests of the owner that can be attributed to
 The requirement of public use means that the expropriator must use the the expropriation
property for the purpose specified in the petition. o From these must be deducted “consequential benefits” – the
o If this is not done, the expropriator must return the property, even increase in the value of other interests of the owner that can be
if there was no agreement for reversal. attributed to the new use to which his former property will be put
 Public use is sometimes equated with public necessity by the expropriating authority
 Any statutory determination of just compensation would be “only a prima
Sumulong v. Guerrero (housing is for public use) facie assessment. In the end, the final determination of W/N the
 Public use has an expanded scope, which covers social order and land compensation is just will have to be made by the court.”
reform.  All those whose rights might be affected are entitled to just compensation.
 Expropriation for socialized housing is for public use. o Includes all other persons owning, occupying or claiming to own
the property

ANDREA CONSTI2 MIDTERMS | 43

Point of reference for valuating a piece of property NPC v. Manalastas
 GR: the value must be that as of time of the filing of the complaint for  The formula for determination of just compensation to landowners does not
expropriation include the factor for inflation rate.
o The filing of the case generally coincides with the taking o Inflation is properly accounted for through payment of interest on
 Exception: the amount due to the landowner, and through the award of
o When the filing of the case comes later than the time of taking and exemplary damages and attorney’s fees in cases where there was
meanwhile the value of the property has increased because of the irregularity in the taking of property.
use to which the expropriator has put it, the value is that of the
earlier taking Judicial Review
 Otherwise the owner would get undeserved profit  The exercise of the power of eminent domain is subject to judicial review.
o But if the value increased independently of what the expropriator  The ff. aspects of the exercise of the power have been subjected to judicial
did, then the value is that of the later filing of the case scrutiny:
o The adequacy of the compensation
May entry into private property be made before just compensation? o The necessity of the taking
 Yes. For purposes of entry into the property prior to full payment, Sec. 10 o The “public use” character of the purpose of the taking
of RA 7160 (LOCAL GOVERNMENT CODE!!!) requires a deposit of at
least 15% of the fair market value of the property based on the current tax De Knecht v. Bautista (EDSA extension; social impact)
declaration of the property to be expropriated.  There was no real necessity for EDSA to be extended to Roxas Blvd.
 However, where the expropriation is public works, RA 8974 requires prior through Fernando Rein and del Pan streets instead of Cuneta Ave.
full payment.  The Human Settlements Commission recommended the original based on
the criteria of functionality, social impact, and cost:
City of Manila v. Estrada (judicial review of just compensation) o Functionality – Alignment 1 (Cuneta) is straighter than Alignment
 There is ample authority in the statute to authorize the courts to change or 2 (Del Pan-Fernando Rein). A1 is definitely the contour
modify the report of the commissioners by increasing or decreasing the conforming to EDSA and whereas A2 affords a greater radius of
amount of the award, if the facts of the case will justify such change or unnatural curvature as it hooks slightly northward before joining
modifications. Roxas boulevard
o Social impact – social impact is greater on the residents of A2
San Roque v. Republic o Cost – despite A1 being slightly more expensive, that’s just about
 Eminent domain cases are to be strictly construed against the expropriator. it, slightly more expensive. Hence cost should not be a factor, but
o The payment of just compensation for private property taken for the functionality and social impact
public use is an indispensable requisite for the exercise of the  It is evident that the changed plan to extend EDSA through Fernando Rein
State’s sovereign power of eminent domain. and Del Pan is indeed arbitrary and should not receive judicial approval.
 The general rule it that the State cannot be put in estoppel or laches by the
mistakes or errors of its officials or agents. Manotoc v. NHA
o This rule, however, admits of exceptions. One exception is when  Although due process does not always necessarily demand that a
the strict application of the rule will defeat the effectiveness of a proceeding be had before a court of law, it still mandates some form of
policy adopted to protect the public such as the Torrens system. proceeding wherein notice and reasonable opportunity to be heard are given
to the owner to protect his property rights.
Republic v. BPI (consequential damages proper if other property impaired)
 Consequential damages are awarded if as a result of the expropriation, the Republic v. De Knecht (EDSA extension)
remaining property of the owner suffers from an impairment or decrease in  The enactment of BP340 is proper ground for the dismissal of the case.
value. o It effectively superseded the decision in De Knecht v. Bautista.
o The social impact of the plan disappeared when the Republic
acquired 85% of the properties involved.

ANDREA CONSTI2 MIDTERMS | 44

  While it is true that the final judgment of the SC on the subject becomes the Section 10.
law of the case between the parties, it is equally true that the right of the No law impairing the obligation of contracts shall be passed.
Republic to take private properties for public use upon the payment of the
just compensation is provided in the Constitution and our laws. Non-Impairment of Contracts
 A law which changes the terms of a legal contract between parties, either in
Res judicata (Municipality of Parañaque v. V.M. Realty Corp.) the time or mode of performance, or imposes new conditions, or dispenses
 When once the right to expropriate has been denied the state in a specific with those expressed, or authorizes for its satisfaction something different
case, it does not means that the state may not come back to the same from that provided in its terms, is a law which impairs the obligation of a
property. contract and is null and void. (Clemons v. Nolting)
o The very nature of eminent domain, as an inherent power of the  The change must not only impair the obligation of the existing contract, but
State, dictates that the right to exercise the power be absolute and the impairment must be substantial.
unfettered by a prior judgment or res judicata. o To constitute substantial impairment, the law must affect a change
o The scope of eminent domain is plenary and, like police power, in the rights of the parties with reference to each other and not with
can “reach every form of property which the State might need for respect to non-parties. (Philippine Rural Electric Cooperatives
public use. Association v. DILG Secretary)
 While the principle of res judicata does not denigrate the right of the State o A mere change therefore in procedural remedies which does not
to exercise eminent domain, it does apply to specific issues decided in the diminish substantive rights or increase substantive obligations does
previous case. not violate the guarantee. (Manila Trading Co. v. Reyes)
o For example, a final judgment dismissing an expropriation suit on  A law impairs a contract when it enlarges, abridges, or in any manner
the ground that there was no prior offer precluded another suit change the intentions of the parties (US v. Diaz Conde), and this is true
from raising the same issue even if the change is done indirectly (BPI v. Frank)
o It cannot, however, bar the State or its agent from thereafter  The degree of diminution is immaterial.
complying with this requirement, as prescribed by law, and o As long as the original rights of either party are changed to their
subsequently exercising its power of eminent domain over the prejudice, there is already impairment of the obligation of contract
same property  There is no impairment as long as a substantial and efficacious remedy
remains even if it is the most difficult to employ
Expropriation by municipal gov’t (Municipality of Parañaque v. V.M. Realty Corp.)
 Expropriation by local gov’ts under Sec. 19 of the LGC must follow the ff. Exceptions to the Non-Impairment of Contracts
rules:  A valid exercise of police power is superior to the obligation of contracts.
1. An ordinance is enacted by the local legislative council authorizing o The gov’t cannot prejudice private rights without due process.
the local chief executive, in behalf of the LGU  The contract clause protects contracts with the gov’t.
2. The power of eminent domain is exercised for public use, purpose o Franchises are contracts and therefore are covered by the clause.
or welfare, or for the benefit of the poor and the landless o However, the obligation arising from franchises are subject to
3. There is payment of just compensation modification by police power.
4. A valid and definite offer has been previously made to the owner  In relation to licenses
of the property sough to be expropriated, but said offer was not o A license or a permit is not a contract between the sovereignty and
accepted the licensee or permittee, and is not a property in any
 A local gov’t may not expropriate on the strength merely of a sanggunian constitutional sense as to which the constitutional prescription
resolution alone against impairment of the obligation of contracts may extend.
o A license is rather in the nature of a special privilege, or a
permission or authority to do what is within its terms. It is not in
any way vested, permanent, or absolute.
o A license granted by the State is always revocable. This power to
revoke can only be restrained by an explicit contract upon good
consideration to that effect.
ANDREA CONSTI2 MIDTERMS | 45
  The free exercise of religion is superior to contract rights Ortigas & Co. v. FEATI Bank
 The power to tax, which is also a sovereign power, can cause the alteration  Limitations on the use of land imposed by contract yield to a reasonable
of a contract exercise of police power and, hence, zoning regulations are superior to
o Generally, the imposition of a tax does not alter the relationship contractual restrictions on the use of property.
between the parties but only the relationship between the parties
and the state who may not be a party to the contract SWS v. COMELEC (2015)
 The non-impairment clause of the Constitution must yield to the loftier
Home Building Association v. Blaisdell (extended mortgage redemption) purposes sought to be achieved by the gov’t.
 The enactment of moratory laws providing for postponement of the o Petitioners’ existing contracts with third parties must be
fulfillment of obligations was “within the police power of the state as that understood to have been made in reference to the possible exercise
power was called into exercise by the public economic emergency which of the COMELEC’s regulatory powers.
the legislature had found to exist.”  The constitutional guaranty of non-impairment is limited by the exercise of
the police power of the State, in the interest of public health, safety, morals
Rutter v. Esteban (unreasonable delay of 8 years) and general welfare.
 When the extensions are “upon unreasonable conditions,” they infringe the o It is a basic rule in contracts that the law is deemed written into the
constitutional provision against the impairment of contracts. contract between the parties.
o The unreasonable conditions in this case were the length of the o The incorporation of regulations into contracts is “a postulate of
extension (amounting to a total of 12 years when the 8-year relief the police power of the State.”
provided for by the statute was added to the 4-year duration of the  As a valid exercise of COMELEC’s regulatory powers, Resolution No.
war), the fact that the credits were unsecured, and the fact that the 9674 is correctly deemed written into petitioners’ existing contracts.
debtor was not required to pay interest during the period of the
operation of the moratory law.
o Thus, the SC ruled that the operation of the statute “at the present
time is unreasonable and oppressive, and should not be prolonged
a minute longer.” This was in 1953, during the 8th year after
liberation.

Abella v. NLRC
 Legislation may impair contracts for the promotion of general welfare, and
when the means adopted are legitimate.
 A separation pay law can be given retroactive effect to apply to existing
contracts.

Presley v. Bel-Air Village Association (commercial zone)

 The contract may be impaired by a valid police power, which in this case
was the reclassification of Jupiter St. to a commercial zone.

Miners Association v. Factoran

 The State, in the exercise of its police power in this regard, may not be
precluded by the constitutional restriction on non-impairment of contract
from altering, modifying and amending the mining leases or agreements
granted under the assailed laws.
 The exploration, development, and utilization of natural resources are
considered of paramount public interest which the State may regulate.

ANDREA CONSTI2 MIDTERMS | 46