I.

FUNDAMENTAL POWERS OF THE STATE As to Police power; none

compensation
Eminent domain; just
1. Concept/Definition compensation
What are inherent powers of the state? Taxation; service and
 These are Police Power, Eminent security
Domain, and Taxation. These powers As to persons Police power; the
are inherent and do not need to be affected community
expressly conferred by the
constitutional provision on the state. Eminent domain; owner of
the property

Taxation; group of
2. Similarities and Differences individuals/class
Similarities Amount of Police power; not more
Imposition than sufficient
1. They all rest upon necessity because there
can be no effective government without them; Eminent domain; no exact;
fair market value of the
2. They are inherent in a State, inseparable
property at the time of
from its sovereignty, hence, they can be
selling
exercised even without being expressly
granted in the Constitution or by law although Taxation; no limit
the conditions for their exercise may be
regulated and limited by the Constitution and As to Effects Police power; restraint in
by law; the injurious use of
property
3. They are ways by which the State interferes
with private rights and property; Eminent domain; transfer
of rights
4. They are all legislative in nature and
character; Taxation; money
contributed becomes part of
5. They all have the common good for their public funds
object; and
As to Police power; government
6. They all presuppose an equivalent delegation
compensation received, directly or indirectly, Eminent domain; private
by the person affected by the exercise of these entities engaged in public
powers by the government. service

Taxation; none, however,

collection may be delegated
Differences to private companies
As to purpose Police power; for promoting engaged in public service
general welfare Constitutional Police power; none
Eminent domain; for public Limitation
Eminent domain; inferior
use
Taxation; inferior
Taxation; for revenue

Constitutional Law II 1
3. Police Power Does DOLE Department Order No. 1 admits of
a valid classification?
What is police power?
 Yes. The Order applies only to female
 Power vested by the Constitution in the contract workers, but it does not
legislature to make, ordain, and thereby make an undue discrimination
establish all manner of wholesome and between sexes. Females are the
reasonable laws, statutes, and majority of household workers, and the
ordinances, either with penalties or sordid maltreatment suffered by
without, not repugnant to the migrant Filipina workers, even rape and
Constitution, as they shall judge to be various forms of torture, is enough to
for the good and welfare of the compel government action. (PASEI vs.
commonwealth, and for the subjects of Drilon)
the same. (MMDA vs. Bel-Air)

Requisites for Valid Exercise How do we differentiate if an act is an exercise

A. Lawful subject of police power or taxation?
B. Lawful purpose  In distinguishing tax and regulation as
a form of police power, the determining
Who can exercise police power? factor is the purpose of the
implemented measure. If the purpose
 As a general rule, only the Congress is to primarily raise revenue, then it will
can exercise police power. However, be deemed a tax even though the
the legislature may delegate this power measure results in some form of
to the President and other regulation. On the other hand, if the
administrative boards as well as purpose is primarily to regulate, then it
lawmaking bodies of municipal is deemed a regulation an exercise of
corporations or local government units. police power, even though incidentally,
(MMDA vs. Bel-Air) revenue is generated. (AUF vs. City of
Angeles)
 Thus, levying a tax upon video tape
Can MMDA exercise police power? sales to regulate the new Video and
 No. MMDA is not a local governing Recording industry is an exercise of
body. It has not been delegated police police power. (Tio vs. VRB)
power, not is the same granted to them  Building permit fees is also a regulatory
under R.A. 9724—the Act declaring imposition, since in the processing of an
MMDA a “special development and application for a building permit, the
administrative region.” (MMDA vs. Bel-Air) Building Official shall see to it that the
applicant satisfies and conforms with
approved standard requirements on
zoning and land use, lines and grades,
Is DOLE Department Order No. 1, “Guidelines etc. (AUF vs. City of Angeles)
Governing the Temporary Suspension of
Deployment of Filipino Domestic and
Household Workers” an exercise of police Is the issuance of business permit an exercise
power? of police power?
 Yes. Filipino migrant workers are being  Yes. The issuance of business licenses
exploited and maltreated overseas, by a municipality or city is essentially
hence the compelling motives for regulatory in nature. LGUs are granted
urgent Government Action. The Court is authority to exercise police power by
due to affirm efforts of the Government the Local Government Code of 1991.
in protecting victims of exploitation. (ACEBEDO Optical vs. CA)
(PASEI vs. Drilon)

Constitutional Law II 2
Is phasing out of old and dilapidated taxicabs 4. Eminent Domain
an exercise of police power?
Sec. 9, Art. III, 1987 Constitution
 Yes. The consideration of the phase out Private property shall not be taken for public
is the safety and comfort of the riding use without just compensation.
public from the dangers posed by old
and dilapidated taxis. (Taxicab Operators
vs. BOT) What is the power of eminent domain?

 Power to take or expropriate private

property for public upon paying to its
Is granting a franchise an exercise of police owner just compensation.
power?
Requisites for Valid Excercise
 Yes. A franchise is inherently a Exercise A. Private property
legislative power.
of State B. Public Use
 Thus, PAGCOR cannot exercise jai-alai thru C. Payment of Just
since it was not specified in its charter. Congress Compensation
The abovementioned statement entails
Exercise D. Ordinance
that the legislature did not grant
of LGU E. Valid and definite offer
PAGCOR the franchise to operate and
which was refused
manage jai-alai since they did not
include such in PAGCOR’s charter. The
so-called legislative grant to PAGCOR What are the two stages of expropriation of
did not come from a real Congress, but land?
from President Marcos who assumed
legislative powers under Martial Law. A. Determination of Authority of the
(Del Mar vs. PAGCOR) plaintiffs to exercise the power of
eminent domain. Ends with an order or
dismissal.
Is the 20% discount for PWD and Senior B. Judicial determination of just
Citizen an exercise of police power or of compensation and payment.
eminent domain?

 It is an exercise of police power. In this When does the transfer of rights occur in the
case, petitioners want the discount to power of eminent domain?
be counted as tax credit instead of tax
deduction, and argues that the discount  There is transfer of rights when the
is a taking of their private property. second stage of expropriation is
However, discount affects the amount already—when just compensation has
of profit of the establishments, and already been paid. During the first
does not appropriate or burden specific stage, land is still considered as private
properties used in their operations. property and can still be sold. Thus,
(Southern Luzon Drug Corp. vs. DSWD) when the dela Ramas sold their lot to
Guerrero during the pendency of the
first stage, Guerrero is now entitled to
receive the compensation since he is
the current owner of the lot after
expropriation was completed. (Republic
vs. Salem Investment Corp.)

Constitutional Law II 3
What is Doctrine of the Law of the Case? land swap in 1993, PEZA impliedly
agree to the paying of just
 The Doctrine of the Law of the Case compensation using the market values
means that whatever is irrevocably in 1993. (EPZA vs. Pulido)
established as the controlling legal
rules between the same parties in the
same case, whether correct on general
principles or not, continues to be the When is expropriated property entitled to be
law of the case for as long as the facts returned to the original owner?
on which the legal rule was predicated  Original owners are entitled to the
continue to be the facts of the case return of their expropriated private
before the Court. (EPZA vs. Pulido) property if the property is not used for
 Thus, when PEZA and Salud Jimenez its original purpose. Thus, the Lozadas
entered into a compromise agreement, are entitled to the return of their
to which they agreed that the property since their land, Lot No. 88,
compensation for Lot 1406B will be Lot was never used for the expansion of
434, but PEZA failed to uphold such Lahug Airport as stated in the
agreement, the Court decided to expropriation proceedings. (Mactan Cebu
rescind the agreement, but to proceed Intl. Airport vs. Lozada)
to the determination of just
compensation for Lot 1406B in
accordance to Art. 2041 of the Civil
When should the payment of property be
Code, where if one of the parties of the
made?
case fail or refuses to abide by the
compromise, the other party may  Payment of property must be made
either enforce the compromise or within a reasonable time, which is 5
regard it as rescinded and insist upon years from the finality of judgement in
his original demand. In this case, the the expropriation proceedings. When
original demand pertains to the payment is not made within the
determination of Lot 1406B. The abovementioned time, the owners
contents of the agreement limit the concerned shall have the right to
parties to determine the matter of just recover possession of their property.
compensation. (Estate of Salud Jimenez vs. Thus, when Vicente Lim took hold of the
EPZA) property, he is entitled to its return
 Upon the finality of the judgment, the since the Republic failed to pay
question now is the value of Lot 1406B. compensation to Lim’s predecessors
Salud Jimenez posits that the value of after 81 years. (Republic vs. Lim)
the property should be based on the
value of the property in 1993 when the
parties entered into a compromise
agreement, while PEZA (now EPZA) Can an LGU execute a resolution in lieu of an
contends that the value should be ordinance to exercise its power of eminent
based in the year 1981, at the time of domain?
the filing of the expropriation  No. Sec. 19 of the Local Government
complaint. The Court affirmed that the Code explicitly requires an ordinance,
value should be of 1993, when the not a resolution, for valid expropriation.
parties agreed to the compromise Thus, when the City of Mandaluyong
agreement. The Doctrine on the Law of laid down a resolution to institute
the Case limits the Court to the facts of expropriation of Suigitan’s property for
the previous case, Estate of Salud the expansion of the Mandaluyong
Jimenez vs PEZA, since such facts Medical Center, the Court held that the
remains the same with the present taking is not valid. (Suguitan vs. City of
case. When PEZA agreed to the ill-fated Mandaluyong)

Constitutional Law II 4
Is prior unsuccessful negotiation needed for Is Tourism considered as public use?
expropriation proceedings?
 Yes. The concept of public use is not
 Yes. If an LGU is the one exercising the limited to traditional purposes. Thus,
power of eminent domain, an ordinance the expropriation of land to be used for
and prior unsuccessful negotiations are boosting tourism in Cebu City
needed, along with the requirement of constitute public use, contrary to what
private property, public use, and just petitioners in this case argue. (Ardona vs.
compensation. However, if it is the Reyes)
Republic, or the State thru Congress,
only private property, public use, and
just compensation are the Are malls and similar establishments obliged to
requirements. Thus, SMI erred in give parking spaces for free?
holding that prior unsuccessful
negotiations are needed for the  No. Explicit reading of the Building Code
Republic to expropriate their property only requires malls and establishments
for the improvement of the Ntl. to provide parking space. There is
Children’s Hospital. (SMI vs. Republic) nothing in the Code saying that these
parking spaces should be free of
charge. Thus, parking fees are valid and
constitutional, as the State already
Does “Comelec Space” amounts to taking of
deprived these establishments the right
private property?
to use a portion of their property as
 Yes, compelling newspapers and they wish. Not allowing them to collect
magazines to dedicate a space in their parking fees would already be an
publication for Comelec to use without intrusion to their property rights. (OSG
vs. Ayala Land)
charge is taking of private property
without just compensation. There is no
showing that there is an existing
national emergency to take property of What are the two types of taking?
newspapers or magazine publishers.
(PPI vs. Comelec) A. Possessory taking—occurs when the
government confiscates or physically
takes property
B. Regulatory taking—occurs when the
Do radio and TV stations own airwaves?
government’s regulation leaves no
 No. These radio and TV companies do reasonable economically viable use of
not own their airwaves and frequencies, the property
rather, the State maintains these
airwaves and frequencies. The stations
are merely granted franchise by the When is a private owner be entitled
State to allow them to transmit compensation?
broadcast signals and images. Thus,
B.P. No. 881, which prohibits mass  To be given just compensation, the
media from selling or donating airtime taking must deprive the owners of
to candidates, is constitutional and permanent and complete use their
does not constitute taking of private property. Thus, the owners of the land
property without just compensation. used as buffer zones are not entitled to
(TELEBAP vs. Comelec) compensation since they are not
permanently and completely deprived
of use of their property, because they
can still cultivate or make other
productive uses of their land. (Mosqueda
vs. Banana Growers)

Constitutional Law II 5
When just compensation shall accrue? What is the extent of just compensation?

 Just compensation is the value of the  Just compensation must not extend
property at the time of taking. Thus, beyond the property owner’s loss or
when Spouses Tecson had their land injury. Thus, when appropriating NAIA-
expropriated in 1940, but only IPT III from PIATCO (the company who
demanded just compensation in 1994, constructed the airport), the Court held
the spouses will receive the value of that the depreciated cost replacement
their property during 1940, when their method should be used to appraise the
property was taken. Furthermore, the property. PIATCO finished construction
Court held that the Spouses failed to years before the finality of the
guard their rights, and should be expropriation proceedings. The
rewarded justly as the public bears the government expropriated a terminal
cost of expropriation. (Secretary of DPWH that is not brand new, and NAIA-IPT III
vs. Spouses Tecson) does not simply have the full economic
and functional utility of a brand new
airport. If the new replacement cost
What is inverse condemnation? method is used, PIATCO would be
compensated for more than what it had
 Inverse condemnation is the action for actually lost. (Republic vs. Judge Mupas)
damages, which has the objective to
recover the value of property taken in
fact by the governmental defendant,
Who can determine just compensation?
even though no formal exercise of the
power of eminent domain has been  Only the Court can determine just
attempted by the taking agency. compensation. Other determination of
(NAPOCOR vs. Heirs of Macabangkit-Sangkay)
compensation by other competent
administrative bodies can be taken into
What is prescriptive period? consideration by the Courts, but may or
may not be adopted, with changes or
 The prescriptive period provided under without. (Alfonso vs. LBP)
Section 3(i) of Republic Act No. 6395  Thus, when DAR Adjudication Board, or
(An Act Revising the Charter of the DARAB determined just compensation
National Power Corporation) is of the land, and the RTC, through its
applicable only to an action for Special Agragrian Court, or SAC, did not
damages, and does not extend to an adopt DARAB’s determination, such
action to recover just compensation. ruling is valid and constitutional since
Thus, when NAPOCOR built several only the Courts has the final say on
underground tunnels in 1970’s under determination of just compensation.
the property of Macabangkit-Sangkay (LBP vs. Dalauta)
without expropriating such property, an
act which the family only discovered in
1995 and resulted to the deprivation of 5. Taxation
agricultural, commercial, industrial,
and residential value of the land which What is taxation?
prompted them to file a complaint for
just compensation, NAPOCOR cannot  Imposition of compulsory levies on
bar the Heirs of Macabangkit-Sangkay individuals or entities by governments.
from demanding compensation by Taxes are levied in almost every
arguing that the five-year prescriptive country of the world, primarily to raise
period only applies to action for revenue for government expenditures,
damages and not for demandability of although they serve other purposes as
just compensation. (NAPOCOR vs. Heirs of well.
Macabangkit-Sangkay)

Constitutional Law II 6
What are the requisites for valid exercise of right to assembly of the Philippine
taxation? Blooming Mills Employees
Organization, or PBMEO, is valid and
A. For a public purpose constitutional and run supreme over
B. Rule of taxation should be uniform Philippine Blooming Mills Co.’s property
C. Person or property taxed is within the rights. (PBMEO vs. Philippine Blooming Mills
jurisdiction of the taxing authority Co., Inc.)
D. Assessment and collection is in
consonance with the due process clause
1.3 Property right
E. The tax must not infringe on the
inherent and constitutional limitations Is the revocation of a license a violation of a
of the power of taxation property right?

 No. A license is not a property nor a

II. BILL OF RIGHTS property right, but a mere privilege
which can be revoked as the legislature
What is Bill of Rights?
sees fit. Thus, a PTCFOR, or Permission
 Defined as a declaration and to Carry Firearms Outside of Residence,
enumeration of a person’s basic rights just like ordinary licenses, may be
and privileges which the Constitution is revoked anytime. (Chavez vs. Romulo)
designed to protect against violations
What is an inchoate right?
by the government, or by an individual
or group of individuals.  An inchoate right is a mere expectation,
 Can be invoked only against the which may or may not come into
government fruition. Thus, Zabal and Jacosalem’s
asserted right to whatever they may
1. Due Process earn from tourist arrivals in Boracay,
1.1 Doctrine of Relative Constitutionality since their occupations are sandcastle
maker and driver respectively, are
What is the Doctrine of Relative mere inchoate rights, and may not be
Constitutionality? considered property rights. Hence,
Boracay’s closure will not affect Zabal
 A statute valid at one time may become and Jacosalem’s property rights. (Zabal
void at another time because of altered vs. Duterte)
circumstances. Thus, if a statute in
practical operations becomes arbitrary
or confiscatory, its validity even though 1.4 Constitutional vs. Statutory Due
affirmed by a former adjudication, is Process
open to changed conditions. (Central Bank What is the difference between Constitutional
Employees Association vs. BSP)
Due Process and Statutory Due Process?

1.2 Hierarchy of Rights  Constitutional Due Process protects the

individual from the government and
Are property rights supreme over human assures him of his rights in criminal,
rights? civil, or administrative proceedings,
while Statutory Due Process found in
 No. While the Bill of Rights also protects the Labor Code and Implementing
property rights, the primacy of human Rules and Procedure protects
rights is recognized. In the hierarchy of employees from being unjustly
civil liberties, the rights of free terminated without just cause after
expression and of assembly occupy a notice and hearing. Statutory Due
preferred position as they are essential Process can only be found is only
to the preservation and vitality of our applicable in labor cases.
civil and political institutions. Thus, the

Constitutional Law II 7
1.5 Aspects of Due Process F. The tribunal or body or any of its judges
must act on its own independent
Substantive Due Process—requires that the consideration of the law and facts of the
law itself (not merely the procedure) is fair, controversy, and not simply accept the
reasonable, and just. views of a subordinate;
Requisites of Substantive Due Process
A. Lawful subject G. The Board or body should, in all
B. Lawful means controversial questions, render its decision
in such manner that the parties to the
proceeding can know the various issues
Procedural Due Process—method or involved, and the reason for the decision
manner by which the law is imposed. rendered.”

Requisites of Procedural Due Process

2. Equal Protection
Judicial Proceedings
A. There must be a court or tribunal with 2.1 Requisites for valid classification
judicial power to hear and determine the
matter before it; Requisites for valid classification*
A. Such classifications rest on
B. Jurisdiction must be acquired over the substantial distinctions
person of the parties to the case or over B. They are germane to the purpose of
the property which is the subject matter of the law
the proceedings; C. They are not confined to existing
conditions
C. The parties must be given an D. They apply equally to members of
opportunity to be heard; and the same class

D. Judgment must be rendered upon lawful Is there a substantive distinction between

hearing those convicted of offenses which are criminal
in nature under military courts and civilian
courts?
Administrative Proceedings
A. The right to a hearing, which includes  No. In the case of Garcia vs. Executive
the right to present one’s case and submit Secretary, petitioner Garcia was
evidence in support thereof; convicted in violation of the provisions
of Articles of War, which are penal in
B. The tribunal must consider the evidence nature. Petitioner belongs to the class
presented; of those who have been convicted by
any court. Hence, Article 29, or the
C. The decision must have something to article on Preventive Imprisonment,
support itself; applies to him as well.

D. The evidence must be substantial.

Substantial evidence means such
Is VAWC unconstitutional because of invalid
reasonable evidence as a reasonable mind
classification?
accept as adequate to support a conclusion;
 No. The Equal Protection Clause allows
E. The decision must be based on the for classification, provided that it
evidence presented at the hearing, or at adheres to the requisites for valid
least contained in the record and disclosed classification. In this case, R.A. 9262 or
to the parties affected; VAWC rests on substantial distinctions,
because there is unequal power

Constitutional Law II 8
 relationship between men and women. Is the continued inclusion of BSP rank-and-file
The classification is germane to the law employees in the Standardized Salary Act a
as VAWC aims to protect women and valid classification?
children from violence. The
classification also applies to all  No. The subsequent charters of the
members. The classification is not seven other Government Financial
limited to existing conditions only, but Institutions, or GFI, exempted all their
to future conditions as long as the rank-and-file employees from the
safety of women and children is coverage of the SSL, expressly or
concerned. (Garcia vs. Drilon) impliedly, while BSP rank-and-file
employees remains under the SSL.
There is no real and substantial
distinctions that would justify the unfair
2.2 Judicial Standards of Equal Protection treatment between rank-and-file of BSP
Applicable to Rational Basis Test*; from other GFIs. (Central Bank Employees
Association vs. BSP)
applicable to legislative
classification in general

Strict Scrutiny Test; 3. Search and Seizure

applicable to classifications 3.1 Availability of Right to Alien
affecting fundamental
rights or suspect classes Does the right against search and seizure
extend to aliens in the Philippines?
Intermediate Scrutiny
Test; applicable to  Yes. The prohibition against
classifications based on unreasonable search and seizure
gender and illegitimacy extends to aliens, as it encompasses all
persons who is in the Philippines,
Legislative Rational Basis Test; must regardless if they are a citizen or an
purpose be legitimate alien. (People vs. Chua Ho San)

3.2 Requisites of a Valid Warrant

Strict Scrutiny Test; must
be compelling Probable-Cause Standard

Intermediate Scrutiny Requisites of a Valid Warrant

Test; must be important A. Must be issued upon probable cause
B. Probable cause must be determined
Relation of Rational Basis Test; personally by the judge
classification rationally related C. Such judge must examine under oath
to purpose or affirmation the complainant and
Strict Scrutiny Test; the witnesses he may produce; and
necessary and narrowly D. The warrant must particularly
tailored describe the place to be searched or
the things to be seized.
Intermediate Scrutiny
What is the difference between executive
Test; substantially related
determination of probable cause and the
judicial determination of probable cause?

 The executive determination of

probable cause is one made during
preliminary investigation, and concerns
itself whether there is enough evidence
to support an Information being filed.

Constitutional Law II 9
 The judicial determination of probable Constitution in finding the existence of
cause, on the other hand, is one made probable cause, since it is not
by the judge to ascertain whether a mandatory that judges personally
warrant of arrest should be issued examine the complainant and the
against the accused. Thus, Napoles witnesses, and that a hearing is also not
cannot invoke that the Ombudsman or necessary. (Saturnino Ocampo vs. Hon.
the Public Prosecutor already Ephrem Abando)
determined probable cause and that
such determination is already final and What is probable cause for the issuance of a
must not be elevated to the warrant of arrest?
Sandiganbayan for the judicial
determination of probable cause. (Reyes  Such facts and circumstances which
vs. Ombudsman) would lead a reasonably discreet and
prudent man to believe that an offense
Drug, Alcohol, and Blood Tests has been committed by the person
sought to be arrested. (Saturnino Ocampo
Is Section 36 of the Dangerous Drugs Act of vs. Hon. Ephrem Abando)
2002 requiring (C) students of secondary and
tertiary schools, (D) officers and employees of Are the warrants authorizing the search for and
public and private offices, (F) all persons seizure of records pertaining to all business
charged before the prosecutor’s office, and (G) transactions valid without specifying the
all candidates for public office to undergo alleged offense valid?
mandatory, random, and suspicionless drug
testing constitutional?  No. These warrants are issued without
specifying probable cause, as there is
 Partly. Letters C and D are no specific offense mentioned in the
constitutional as schools and offices warrants. Furthermore, the warrants
have the right to protect their premises contravene the explicit command of the
from drug addiction. However, Letter F Bill of Rights—that the things to be
is unconstitutional as conducting drug seized must be particularly described—
tests among persons charged before as well as tending to defeat its major
the prosecutor’s office is not random objective, which is the elimination of
and suspicion-less. Letter G is also general warrants. Thus, when
unconstitutional as the drug test will Respondent-Judges issued search
add another requirement to candidacy, warrants to search the premises of the
which can only be achieved by the offices, warehouses or residences, and
legislature expressly adding to seize or take possession of all
qualifications to what are already business transactions, they violated the
indicated in the Constitution. (SJS vs. prohibition against unreasonable
Dangerous Drug Board)
searches and seizure. (Stonehill vs. Diokno)

When should the determination of probable 3.3 Administrative Warrants of Arrest

cause of a judge be considered sufficient?
Can the Executive issue a Warrant of Arrest?
 It is enough that the judge personally
evaluates the prosecutors report and  As a general rule, only the Courts can
supporting documents showing the issue warrants of arrest. However, the
existence of probable cause for the President has the power to issue
indictment and, on the basis thereof, warrants during investigation against
issue a warrant of arrest, or dismiss the aliens subject to a complaint, and can
petition. Thus, petitioner Ocampo erred issue an administrative warrant to
in alleging that Judge Abando did not arrest the alien for the purpose of
comply with the requirements of the deportation. (Qua Chee Gan vs. The
Deportation Board)

Constitutional Law II 10
3.4 Knock and Announce Principle When can a bus or other moving vehicles be
searched?
What is the Knock and Announce Principle?
 Prior to entry, passengers and their
Sec. 7, Rule 126, Revised Rules of Criminal bags are subject to routine inspections
Procedure akin to security protocols. Should the
Under the Knock and Announce Principle, passenger object, he/she can be validly
police need to knock on the door, announce refused entry to the terminal
their authority to search the premises and  While in transit, a bus may still be
wait a reasonable period of time before they searched given three (3) instances:
enter. Only if a person fails to allow a search 1. Upon receipt of information that
after the police identify themselves can the a passenger carries
police forcibly come in. contraband/illegal articles
2. Whenever a bus picks up a
passenger, the passenger may
When is unannounced intrusion permissible?
be frisked
A. Upon demand, refuses to open 3. At police checkpoints where
B. When the person already knew the agents can board the vehicle
authority of the police for inspections
C. When the officers are justified there is
peril to the limb
D. When those in the premises, aware of Is the search on the bus by task force Davao
the presence outside, engages in upon the bus passing a checkpoint valid and
activity which justifies the officers to the seizure of a bag later found to contain
believe that escape or destruction of firearms valid?
evidence is being attempted
 Yes. The search is valid since the
inspection was minimally intrusive, as
the officer merely lifted the bag and
Is the search of policemen, upon knocking and
noticed that it is too heavy for its small
announcing their presence and authority, with
size. (Saluday vs. People)
permission explicitly granted by the occupants,
valid?

 Yes, the search is valid, because the When is airport search valid?
police abided with the Knock and
Announce principle and having been  Searches made inside the airport is only
granted permission by the occupants reasonable insofar as the search is
albeit through sign language. (People vs. made to prevent hijacking. Thus, when
Huang Zhen Hua) SSO Suguitan searched the accused
allegedly having in possession
marijuana leaves, the search and
3.5 Reasonable search seizure of the marijuana is invalid.
(People vs. O’Cochlain)
Requisites for valid reasonable search
A. It must be least intrusive and
minimizing or avoiding humiliation
and ridicule
B. It must not be discriminatory in
motive like insidious profiling or
stereotyping
C. It must be for public purpose
D. It must make sure that the evidence
is not planted

Constitutional Law II 11
3.6 Warrantless search Plain-view doctrine

When is warrantless search allowed? Requisites for Plain-view doctrine to apply

A. Search Incidental to Lawful Arrest A. The law enforcement officer has
B. Plain View Doctrine justification for an intrusion or is in a
C. Stop-And-Frisk Search position from which he can view a
D. Search of a Public Moving Vehicle particular area
E. Customs Search B. The discovery of the evidence in plain
F. Searches at Checkpoints view is inadvertent (di sinasadya)
G. Exigent and Emergency C. It is immediately apparent to the
Circumstances officer that the item he observes may
H. Search by Private Persons be evidence of a crime, contraband,
or otherwise subject to seizure

Search Incidental to Lawful Arrest

Is the warrantless seizure of the marijuana
Is the search on Chua Ho San, who neither had inside a solid-color package valid?
a warrant of arrest against him and who was
only walking when the police intercepted him,  No. The plastic wrapping is not
valid? colorless, hence it was not immediately
apparent to the police that it contains
 No. In a search incidental to lawful marijuana. Thus, when the police saw a
arrest, the law requires that there first box under the dining table of Doria,
be a lawful arrest before a search can picked it up, and opened the solid-color
be made. The process cannot be plastic wraps and found marijuana, the
reversed. Thus, Chua Ho San is drug is not seized in plain-view
unreasonably searched since his arrest doctrine, and is a violative of the
is unlawful, there being no warrant of prohibition against unreasonable
arrest against him nor there is a lawful searches and seizure. (People vs. Doria)
warrantless arrest. (People vs. Chua Ho San)

Stop-And-Frisk Search
Is the search on Noel Tudtud, who was
allegedly selling marijuana and is intercepted What are the two (2) interests of the stop-and-
while alighting a bus and was arrested, frisk search?
considered a valid search?
A. Crime Prevention
 No. The police in this case did not catch B. Safety and Self-Preservation
Tudtud attempting to commit, actually
committing, or has committed a crime,
hence no lawful warrantless arrest. When can the police conduct a Stop-And-Frisk
Moreover, the police did not secure a search?
warrant of arrest even though they had
the whole day to do so. Since a search  When a police officer observes unusual
incidental to lawful arrest requires a conduct which leads him to believe that
lawful arrest first before the search, criminal activity may be afoot, and he
Tudtud is unreasonably searched and introduces himself as the police and
the evidence obtained is inadmissible makes reasonable inquiries, he is
against him. (People vs. Tudtud) entitled to conduct a limited search of
outer clothing to discover weapons that
might be used against him. Thus, when
Rodolfo Yu, a police officer, approached
a group of Muslim-looking men who
were acting suspiciously, and found

Constitutional Law II 12
 firearms inside one of the men’s front Commissioner seized and detained
waistline, his search is unreasonable without a warrant respondents’ vessels
and does not fall under stop-and-frisk. for illegal fishing with dynamite, the
(Malacat vs. CA) seizure was valid and recognized as an
exception to the general rule. (Roldan vs.
Arca)
Search of a public moving vehicle

Is a warrant necessary to search a moving Checkpoint Search

public vehicle?
How should checkpoint search be conducted?
 No. It is not practicable to secure a
warrant to search a moving vehicle  Checkpoint search must be conducted
because the vehicle can be quickly in a way least intrusive to motorists,
moved out of the locality of jurisdiction and is limited to visual search. Thus,
in which the warrant must be sought. when the police put up checkpoints
Thus, when Balingan was searched pursuant to the Comelec Gun Ban and
inside a Dangwa bus without a search on one of its checkpoints intercepted
warrant, but after positive surveillance Usana’s car, flashed a light inside and
by the Narcotics Intelligence Division of saw a firearm on the front seat
Baguio City, the search was reasonable passenger’s lap, the search is
and valid. (People vs. Balingan) considered reasonable as the police
merely shined light to illuminate the
inside of the car. (People vs. Usana)
Customs Search

When can the Bureau of Customs conduct a Exigent and Emergency Circumstances
warrantless search?
In the midst of exigency and urgency of the
 Bureau of Customs can conduct moment, can a search warrant be lawfully
warrantless search on any land, dispensed with?
inclosure, warehouse, store or building
as provided by the Tariff and Customs  Yes, it is a recognized exception to the
Code as long as the importation has not prohibition against warrantless search.
yet been terminated. However, if the Thus, when the surveillance team
search is to be conducted inside a raided the Eurocar Sales Office after
dwelling house, a warrant must be being opened fire and found de Gracia
secured. Thus, when the BOC holding a gun suspiciously peeking
intercepted the truck containing goods through a door and apprehended him,
belonging to Alagao, the search was they did not need to secure a warrant
valid and reasonable since the place as the military had a reasonable ground
searched is not a dwelling, and the to believe that a crime was being
importation is not yet terminated as committed. The operatives also had no
there are still fees to be settled. (Papa vs. opportunity to secure a warrant from
Mago) the courts, as the Courts was closed as
manifested by the trial judge. (People vs.
De Gracia)
Can the Fisheries Commissioner conduct
warrantless search and seizure?

 Yes, because the vessel can likewise be

quickly moved out of the locality or
jurisdiction in which the search warrant
must be sought. Thus, when Fisheries

Constitutional Law II 13
Search by private persons In flagrante delicto

Can the protection against unreasonable Requisites for valid arrest

searches and seizure be extended to acts A. That the person to be arrested must
committed by private individuals? execute an overt act indicating that
he has just committed, is actually
 No. In the absence of government
committing, or is attempting to
interference, the liberties of the
commit a crime.
Constitution cannot be invoked against
B. Such overt act is done in the
the State. Thus, when Job Reyes, who
presence or within the view of the
was working for Manila Packing and
arresting officer
Export Forwarders, opened Appellant’s
packages for final inspection and found
dried marijuana, then later brought the When can the police validly arrest without
same to the NBI, after which the NBI warrant?
filed and information against Appellant,
the latter cannot invoke her right  A peace officer or a private person may,
against warrantless search and seizure without warrant, arrest a person when,
since the evidence was obtained by a in his presence, the person to be
private person, acting in private arrested has committed, is actually
capacity. (People vs. Marti) committing, or is attempting to commit
a crime. The arresting officer must have
personal knowledge of such facts or
circumstances convincingly indicative
3.7 Warrantless arrest
of probable cause. Thus, when Molina
Section 5, Rule 113, Revised Rules of was arrested when he was was riding a
Criminal Procedure triskedad the police intercepted upon
Arrest without warrant; when lawful. — A receiving information that an alleged
peace officer or a private person may, pusher will be passing by, and
without a warrant, arrest a person: thereafter found dried marijuana leaves
inside his bag, the arrest is illegal since
A. When, in his presence, the person to be he is not caught attempting to commit,
arrested has committed, is actually committing, or has committed a crime.
(People vs. Molina)
committing, or is attempting to commit an
offense (In flagrante delicto);

B. When an offense has just been Can a member of a subversive group be

committed, and he has probable cause to arrested without a warrant?
believe based on personal knowledge of
 Yes, since subversion is considered a
facts or circumstances that the person to
continuing offense. Thus, when Dural, a
be arrested has committed it (Arrest in hot
confirmed member of the NPA Sparrow
pursuit); and
Unity, who was being treated in a
hospital in Quezon City, was arrested
C. When the person to be arrested is a
without a warrant for the crime of
prisoner who has escaped from a penal
killing two (2) Capcom soldiers in
establishment or place where he is serving
Caloocan City, he was arrested while
final judgment or is temporarily confined
committing a crime since subversion is
while his case is pending, or has escaped
considered a continuing offense. (Umil
while being transferred from one vs. Ramos)
confinement to another (Arrest of escapee)

Constitutional Law II 14
Arrest in hot pursuit papers to be used as evidence of
marital infidelity, she violated her
Is there Arrest in hot pursuit when the police husband’s right to privacy thus making
arrived at the scene of the crime an hour after the evidence she obtained as
Atty. Generoso called reporting an altercation, inadmissible for any purpose in any
but still was able to identify the perpetrators proceeding. (Zulueta vs. CA)
without denial?

 Yes. In this case, the police is able to

identify the perpetrators as Atty. Anti-Wiretapping Act (R.A. 4200)
Generoso and his attackers both live in
the same neighbourhood. Thus, the When can tape recordings be admissible as
officers had personal knowledge of the evidence?
crime which has just been committed.  R.A. 4200 prohibits overhearing,
(Pestilos vs. Generoso)
intercepting, or recording of private
conversations.
 Thus, when Ortanez allowed his friends
Arrest of escapee—when the person to be from the military to wiretap his home
arrested is a prisoner who has escaped from a phone and record conversations of his
penal establishment or place where he is wife and unidentified persons, the tape
serving final judgment or is temporarily recordings were taken in violation of his
confined while his case is pending, or has wife’s right to privacy and are
escaped while being transferred from one inadmissible as evidence for annulment
confinement to another. of marriage. (Salcedo-Ortanez vs. CA)
 But when Jalbuena, after being invited
to the police station after a complaint
4. Privacy of Communication and that they are taking pictures of nude
Correspondence dancers, recorded the heated
exchanges of the police officer and his
4.1 Right to Privacy co-worker Lingan, who later died as the
officer gave hit him with the handle of
What are the categories of right to privacy?
his pistol and gave him a fist blow to
A. Decisional privacy—the right to be the head, such conversation is
independent making important admissible as evidence as it was a
decisions record of a public conversation made
B. Informational privacy—avoiding inside the police station. (Navaro vs. CA)
disclosure of personal matters
a. Right not to have private
information disclosed Data Privacy Act of 2012 (R.A. 10173)
b. Right to live freely without
surveillance What are the rights of data subject under the
Data Privacy Act?

A. Right to be informed
4.2 Concept of Informational Privacy B. Right to object
C. Right to access
Does marriage shed the wife’s or husband’s
D. Right to erasure or blocking
right to privacy?
E. Right to damages
 No, the intimacies of husband and wife F. Transmissibility of Rights of Data
does not shed their integrity or right to Subject
privacy to one another. Thus, when G. Right to data portability
Zulueta forcibly opened the cabinets
and drawers of her husband to obtain

Constitutional Law II 15
What is the right to be forgotten? Art. 723 (Civil Code)
Letters and other private communications in
 The right to be forgotten, or the right to
writing are owned by the person to whom
be blocked, is the right of a data subject
they are addressed and delivered, but they
to request to the operator of a search
cannot be published or disseminated without
engine to remove from the list of results
the consent of the writer or his heirs.
displayed following a search made on
the basis of a person’s name links to
web pages, published by third parties Who owns the messages or correspondence
and containing information relating to between two persons?
that person. However, the data cannot
be removed if it remains within the  According to Art. 723 of the Civil Code,
interest of the general public. (Google letters and other private
Spain vs. AEPD) communication in writing are owned by
the person they are addressed to, or
the receiver. Thus, when Judge Yu sent
4.3 Limitations inappropriate messages via FB chat and
e-mail to Judge Gaspar-Gito, and later
What are the limitations to right to privacy sent messages to the latter’s friend,
under the Data Privacy Act? Judge Gaspar-Gito and her friend owns
the messages as she was the receiver,
 The provisions of the law regarding and therefore she did not need Judge
transmissibility of rights and the right Yu’s consent to admit the messages as
to data portability will not apply if the evidence. (OCA vs. Judge Yu)
processed personal data are used only
for the needs of scientific and statistical
research and, based on such, no
activities are carried out and no Two-part test to determine
decisions are taken regarding the data reasonableness of person’s expectation
subject. There should also be an of privacy
assurance that the personal data will be A. Subjective Test—where one claiming
held under strict confidentiality and the right has a legitimate expectation of
used only for the declared purpose. privacy
 They will not also apply to the B. Objective Test—the expectation of
processing of personal data gathered privacy must be one society can accept
for investigations in relation to any as reasonable
criminal, administrative or tax liabilities
of a data subject. Any limitations on the
rights of the data subject should only Cases where there is no reasonable
be to the minimum extent necessary to expectation of privacy
achieve the purpose of said research or
investigation.  Private communication between
detainees, except when the
correspondence is between the
detainee and his lawyer rightfully
4.4 Exclusionary rule labelled and sealed (Alejano et. al. vs.
Cabuay)
What is exclusionary rule?
 Public figures, such as politicians,
 Presupposes a violation of the agents of celebrities, whose nature of work
the government of the prohibition on involves the publicity. Their expectation
unreasonable searches and seizure of privacy is limited (Ayer Productions vs.
Capulong)
 Evidence obtained in violation of Art.
III, Sec. 3(1) shall be inadmissible as
evidence.

Constitutional Law II 16
  Draft pleadings and other documents
stored in government-issued The O’Brien Test
computers (Pollo vs. David)
 Test determining whether laws that
 Images and content posted on online
impact expressive conduct pass
social networks, such as Facebook,
constitutional scrutiny.
unless the privacy settings “Custom”
A. Restraint is within the
and “Only Me” is utilized. (Vivares vs. STC)
Constitutional power of the
government
Where CCTVs should be installed? B. If it furthers government
interest
 CCTVs or surveillance cameras must C. If government interest is
not be installed and cover places where unrelated to suppression of free
there is reasonable expectation of speech
privacy. Thus, when respondents D. If the suppression is not
mounted CCTVs on their property greater than government
facing the property of the petitioners to interest
obtain clips to support their Writ of
Preliminary Injunction enjoining
petitioners to construct a fence they Freedom from censorship or prior restraint
claim that would destroy their wall, the
 Without this, the government may
respondents violated petitioners’ right
review the content of a printed
to privacy since petitioners have
material and prevent publication
reasonable expectation of privacy on
their property whether they use it as Freedom from subsequent punishment
business of residence. (Spouses Hing vs.
Choachuy)  Assurance that after making
utterance/publication, the author is
not subject to any punishment
5. Freedom of Expression, Press and Right to
Peaceably Assemble
5.2 Tests for valid government
5.1 Concept and Scope interference to freedom of expression
Content-based Restriction based on the Clear and When speech is used in
restraint subject matter of the Present such circumstance as to
speech Danger Test create a clear and present
Content- Merely controls the danger that will bring
neutral incidents of speech, such substantive evils
restraint as time, place, or
manner of speech. Two elements;
A. Causal connection
Is the order to remove the “Team Buhay,
B. Time element
Team Patay” tarpaulin for exceeding the size
Dangerous When speech creates a
limit prescribed by Comelec a content-based
Tendency dangerous tendency the
regulation?
Rule state has the right to
 Yes, since the size of the tarpaulin prevent.
correlates to the message sought by
the petitioners. Reducing the size of Balancing of When speech is regulated
the tarpaulin will also reduce the Interest in a way that safeguarding
impact of the message. Furthermore, Rule public interest may be
the Comelec cannot regulate the achieved by other less
tarpaulin since it is not considered an restrictive measures.
election propaganda. (Diocese of Bacolod
vs. Comelec)

Constitutional Law II 17
5.3 Commercial Speech tasked to only review justiciable
controversies brought before them.
Is Spam considered a violation of privacy
under the Cybercrime Law? Re: Radio-TV Coverage, Ampatuan Case

 No. The recipient always has the option  The Court disallows the live media
to delete said spam. The state has broadcast of the proceedings, but still
never outlawed such. Protected by allows (1) real-time transmission to
commercial speech, unsolicited ads are specific viewing areas and (2) recording
a legitimate form of expression. (Disini clips for documentation. This decision is
vs. Secretary of Justice) pro-hac vice, or for this case only, as
the regulations are revised to
accommodate the plethora of
5.4 State regulation of mass media concerned persons to the trial, while
protecting the proceeding from
Are exit polls conducted by media valid and pervasive effects of the media.
constitutional?

 Yes. Exit polls is an electoral survey

conducted by qualified individuals for Is Comelec resolution no. 9615, which limits
the purpose of determining the the broadcast and radio ads of candidates and
probable result of election by political parties to an aggregate total of 120
confidentially asking randomly-selected mins (for TV) and 180 mins (for radio) violative
voters whom they have voted for, of freedom of the press?
immediately after they cast their votes.
 Yes. Limiting the airtime in both TV and
Thus, when Comelec issued a resolution
radio hampers the freedom of the press
banning exit polls, the same is
as well as restricts candidates and
dismissed by the Courts as the
political parties to reach out and
restriction did not pass the clear and
communicate to people. (GMA Network vs.
present danger test. Results of exit Comelec)
polls will be used for research and will
not in any way interfere with the official
count. (ABS-CBN vs. Comelec)
5.5 Academic freedom and the right of
school to discipline its students

Public coverage of Court proceedings Is the right to free speech of students inside
the campus absolute?
Timeline
 No. Students and their speech is
Re: Live TV Coverage Cory Aquino Libel Case subject to the regulations of the school.
 Live coverage of proceedings are Thus, when the student publication of
banned after the whole court Miriam College published inappropriate
proceedings are banned when Pres. photos and content, and got expelled
Cory Aquino testified. Witnesses may for it, their right to free speech is not
be frightened, and defendants are violated because the same is still
subjected to excessive public exposure. subject to the limitations and
regulations provided by the student
Re: Request Radio-TV Coverage Estrada handbook, which they violated. (Miriam
Plunder College vs. CA)

 The request is not granted still, as the

live coverage might disrupt the stability
of the nation. Courts do not express the
popular will of the people, and are

Constitutional Law II 18
5.6 Assembly and petition enhance its population control program
through the RH Law simply because the
Can the Mayor modify the permit to rally promotion of contraceptive use is
without informing the applicant first? contrary to their religious beliefs, they
 No. Sec. 6(c) of the Public Assembly Act are misguided because the non-
states that if there is imminent and establishment clause posits that any
grave danger of a substantive evil religion for that matter can neither
warranting denial or modification, he cause the government to adopt their
shall inform the applicant. Thus, when particular doctrines as policy for
Respondent Manila Mayor modified the everyone. (Imbong vs. Ochoa)
place of the rally permit upon its
issuance from foot of Mendiola bridge to
Plaza Miranda, and with the failure of Limitations
the CA to resolve the petition for
certiorari within 24 hrs., the Mayor Article Section Provision
abused his direction as he did not VI 28(3) Charitable institutions,
inform the petitioners firsthand the churches and parsonages
reason for the change. (IBP vs. Atienza) or convents appurtenant
thereto, mosques, non-
profit cemeteries, and all
lands, buildings, and
Can rallies be held in front of the Courts?
improvements, actually,
 No. Rallies can disrupt or influence directly, and exclusively
decisions which must be impartial. used for religious,
Thus, when petitioner Valmonte was charitable, or educational
not issued by the Mayor a permit to purposes shall be
rally in protest of the slow disposition of exempt from taxation.
his case and cried that it was a violation 29(2) No public money or
of his free speech or expression, he property shall be
erred in doing so since judicial appropriated, applied,
independence and fair and orderly paid, or employed,
administration of justice is prioritized directly or indirectly, for
over freedom of speech. (Re: Valmonte and the use, benefit, or
ULAT) support of any sect,
church, denomination,
sectarian institution, or
6. Freedom of Religion system of religion, or of
any priest, preacher,
6.1 Non-establishment clause minister, or other
religious teacher, or
Concept and Basis dignitary as such, except
What is non-establishment clause? when such priest,
preacher, minister, or
 The establishment clause, also known dignitary is assigned to
as the freedom to believe, which is the armed forces, or to
absolute, "principally prohibits the any penal institution, or
State from sponsoring any religion or government orphanage
favoring any religion as against other or leprosarium.
religions. It mandates a strict neutrality XIV 3(3) At the option expressed
in affairs among religious groups." in writing by the parents
Thus, when the constitutionality of RH or guardians, religion
Law was challenged and petitioners shall be allowed to be
invoke that that the State cannot taught to their children

Constitutional Law II 19
 Article Section Provision Is the issuance of a commemorative stamp
or wards in public celebrating Iglesia ni Cristo’s 100-year
elementary and high anniversary a violation of Art. VI, Sec. 29(2)?
schools within the
 No, because what is prohibited in the
regular class hours by
provision is the State using its
instructors designated or
resources to solely benefit one religion.
approved by the religious
The records do not show that the State
authorities of the religion
has been using the resources and
to which the children or
manpower of PhilPost for INC's sole
wards belong, without
advantage. The design of the INC
additional cost to the
commemorative stamp is merely an
Government.
acknowledgment of the historical and
4(2) Educational institutions,
cultural contribution of INC to the
other than those
Philippine society. (Peralta vs. PhilPost)
established by religious
groups and mission
boards, shall be owned
solely by citizens of the 6.2 Free Exercise Clause
Philippines or
Dual Aspect
corporations or
associations at least What is an Ecclesiastical Affair?
sixty per centum of the
capital of which is owned  An ecclesiastical affair involves the
by such citizens. The relationship between the church and its
Congress may, however, members and relate to matters of faith,
require increased Filipino religious doctrines, worship and
equity participation in all governance of the congregation. (Austria
vs. NLRC)
educational institutions.

What do the words “pay” and “apply” in Art. Can the Courts interfere in matters of
VI, Sec. 29(2) of the Constitution mean? ecclesiastical affairs?
 The words "pay" and "employ" should  No, it is not for the courts to exercise
be understood to mean that what is control over church authorities in the
prohibited is the use of public money or performance of their discretionary and
property for the sole purpose of official functions. Thus, when petitioner
benefiting or supporting any church. Taruc, a laymember of the Philippine
Thus, when Valenciano prayed that Independent Church, was
Catholic mass and other religious excommunicated by their bishop, which
rituals be banned from being held inside prompted him to file a complaint
Courts of Justice alleging that such is a contesting his excommunication to the
violation of separation of church and RTC, his complaint was denied since the
state, he was mistaken, because the Court cannot meddle with ecclesiastical
basement of the QC Hall of Justice is not matters. (Dominador L. Taruc, et al. vs. Bishop
appropriated, applied or employed for Porfirio dela Cruz)
the sole purpose of supporting the  When petitioner was dismissed from his
Roman Catholics, but merely employment with the Seventh-Day
accommodates them to freely practice Adventist for allegedly
their religion. (Re: Letter of Tony Q. misappropriation of funds, which
Valenciano, Holding of Religious Rituals at the prompted him to check with the Labor
Hall of Justice Building in Quezon City)
Arbiter contesting his dismissal, to
which the SDA countered that the Labor

Constitutional Law II 20
 Arbiter has no jurisdiction over the case Can Escritor, a Jehovah’s Witness who was a
as it is an ecclesiastical affair, the Court court employee living with Quilapio who was
held that what is involved here is the not her husband, with children of their own, be
relationship of the church as an held guilty of gross immorality?
employer and the minister as an
employee. Petitioner was not  No, because Escritor had secured a
excommunicated or expelled from the "Declaration of Pledging Faithfulness" in
membership of the SDA but was accordance with the guidelines set by
terminated from employment, which is the Elders of Jehovah’s Witness. The
purely secular in nature, thus is within Declaration allowed Escritor to live with
the jurisdiction of the Courts and the Quilapio given that when legal
Arbiter (Austria vs. NLRC) impediments to marriage were lifted,
they would marry. As such, Escritor has
made out a case for exemption from the
law based on her fundamental right to
Standards freedom of religion. Furthermore, the
Strict Only those persons OSG has failed to show a compelling
Neutrality whose religious freedom state interest to intervene with
is actually burdened by a Escritor’s right to practice her religion.
regulation can object to Thus, the Court applied the Benevolent
its effects and seek an Neutrality standard, which allowed for
exemption. Those not accommodation of Escritor’s belief.
(Estrada vs. Escritor)
burdened do not need
the exemption.
Benevolent Recognizes that
Neutrality government must pursue Non-religious test clause—No religious test
its secular goals and shall be required for the exercise of civil or
interests but at the same political rights.
time strives to uphold
religious liberty to the
greatest extent possible 7. Liberty of Abode and the Right to Travel
within flexible
constitutional limits. 7.1 Limitations of Liberty of Abode

What may limit the liberty of abode?

Tests  The liberty of abode and of changing
Clear and If a clear and present the same within the limits prescribed by
Present danger of a substantive law shall not be impaired except upon
Danger Test evil is present, freedom lawful order of the court. Thus, a leper
of religion may be confined in the San Lazaro Hospital by
impaired the health authorities in conformity
with law, challenges his confinement by
Compelling If there is a compelling
filing a writ of habeas corpus and
State Interest state interest so
inducing the court to set aside the
Test important, freedom of
judgment of the Court of First Instance
religion may be impaired
of Manila sustaining the law authorizing
Conscientious If there is a
the segregation of lepers, to which the
Objector Test conscientious objection
Court denied as leprosy is believed to
to policies of the State
be a contagious disease and the
on grounds of religious
segregation is proper for preservation
belief, freedom of
of public health. (Lorenzo vs. Director of
religion is protected Health)

Constitutional Law II 21
7.2 Concept of Right to Travel consequential; and, the same is only for
a reasonably short period of time or
What is the scope of right to travel? merely temporary. (Zabal vs. Duterte)
 The right to travel includes the right to
return, both of which can be impaired
in the n the interest of national security, 7.3 Limitations on the Right to Travel
public safety, or public health, as may
be provided by law. Thus, when the Are curfew ordinances constitutional?
Marcoses was barred entry to the  Yes. The stated purposes of the Curfew
Philippines, to which they challenged Ordinances, specifically the promotion
and invoked their right to return, such of juvenile safety and prevention of
petition was denied as the return of the juvenile crime, inarguably serve the
Marcoses to the Philippines post threats interest of public safety. The limitations
to the government, with a catalytic are also provided by law, such as Article
effect, which has not yet ceased. (Marcos 139 of PD 603, which explicitly
vs. Manglapus)
authorizes local government units,
through their city or municipal councils,
to set curfew hours for children. Thus,
Can aliens be barred from entry to a State? when SPARK challenged the
constitutionality of the Manila, Navotas,
 Yes. The State can bar entry of aliens
and Quezon City curfew ordinances, the
to the country, and these aliens cannot
former two (2) are declared invalid
invoke impairment on their right to
since determinative of the scope and
travel since they are not covered by
breadth of their curfew regulations are
such. Thus, when by a female subject
inadequate to ensure protection of the
of the Emperor of Japan was restrained
above-mentioned fundamental rights.
of her liberty and detained at San
The Quezon City ordinance was upheld
Francisco upon the ground that she
as it sufficiently safeguards the minors'
should not be permitted to land in the
constitutional rights by providing ample
United States, pursuant to the Act of
exceptions. (SPARK vs. Quezon City)
March 3, 1891, c. 651, that an alien
immigrant shall not be permitted to
land because within one of the classes
specified in that act, and because the Can the President limit the right to travel of the
woman falls within one of the specific military officers?
classes, her right to enter the US is
 Yes, since the President is the
invalid. It is an accepted maxim of
commander-in-chief of the military and
international law that every sovereign
his/her orders must be followed as it is
nation has the power, as inherent in
crucial to the military chain of
sovereignty and essential to self-
command. Thus, when President
preservation, to forbid the entrance of
Arroyo ordered that two of the high-
foreigners within its dominions or to
ranking generals enjoin from attending
admit them only in such cases and upon
and testifying on a senate hearing, to
such conditions as it may see fit to
which the generals disobeyed, the
prescribe. (Nishimura Ekiu vs. US)
military officers can be held liable for
insubordination. The generals should
have asked for remedy from the Courts
Is the right to travel impaired by the closure of to compel the President to allow them
Boracay for its rehabilitation? to attend the hearing, instead of
blatantly disobeying express orders.
 No, the limitation on right to travel with (Gudani vs. Senga)
the closure of Boracay for rehabilitation
purposes is not direct but merely

Constitutional Law II 22
What is the extent of the Supreme Court’s Other statutory limitations on the right
administrative supervision towards the lower to travel
courts when it comes to right to travel?
The Human The law restricts the
 To ensure management of court Security Act of right to travel of an
dockets and to avoid disruption in the 2010 or Republic individual charged
administration of justice, OCA Circular Act (R.A.) No. with the crime of
No. 49-2003 requires a judge who 9372. terrorism even though
wishes to travel abroad to submit such person is out on
certain requirements, before being bail.
granted travel permit. Thus, when
Judge Macarine travelled overseas The Philippine Pursuant to said law,
without completing the requirements Passport Act of the Secretary of
specified in the Circular, he is liable for 1996 or R.A. No. Foreign Affairs or his
the violation of such Circular. The Court 8239. authorized consular
emphasized that such Circular does not officer may refuse the
restrict right to travel, but merely issuance of, restrict
regulates it according to rule. (OAS- the use of, or
OCA vs. Judge Macarine) withdraw, a passport
 When Heusdens left the country of a Filipino citizen.
without waiting for the result of her
application, and no travel authority was The "Anti- Pursuant to the
issued in her favor because she was not Trafficking in provisions thereof, the
cleared of all her accountabilities, she is Persons Act of Bureau of
held liable for violation of the OCA 2003" or R.A. Immigration, in order
Circular. (OCA-OAS vs. Heusdens etc) No. 9208. to manage migration
and curb trafficking in
persons, issued
What are the requirements to limit rights? Memorandum Order
Radjr No. 2011-
 The exceptions to the right to travel are 011,12 allowing its
limited to those stated in Section 6, Travel Control and
Article III of the Constitution. Thus, Enforcement Unit to
when the DOJ enacted DOJ Circular No. "offload passengers
41 which effectively restricts the right with fraudulent travel
to travel through the issuance of WLOs documents, doubtful
and HDOs, which was challenged by purpose of travel,
Arroyo, the Court iterated that there is including possible
neither constitutional provision allowing victims of human
the DOJ to curtail right to travel by trafficking" from our
issuance or denial or WLO and HDOs, ports.
nor is there a law providing for such The Migrant In enforcement of said
function. (Genuino vs. De Lima) Workers and law, the Philippine
Overseas Overseas Employment
Filipinos Act of Administration (POEA)
1995 or R. A. No. may refuse to issue
8042, as deployment permit to
amended by R.A. a specific country that
No. 10022. effectively prevents
our migrant workers
to enter such country.

Constitutional Law II 23
 The Act on The law restricts 8. Right to Information
Violence against movement of an
Women and individual against 8.1 EO 2, Series of 2016—operationalizing in
Children or R.A. whom the protection the Executive Branch the People’s
No. 9262. order is intended. Constitutional Right to Information and the
State Policies to Full Public Disclosure and
Transparency in the Public Service And
Inter-Country Pursuant thereto, the
Providing Guidelines therefor.
Adoption Act of Inter-Country
1995 or R.A. No. Adoption Board may
8043. issue rules restrictive Exceptions to EO 2
of an adoptee’s right
to travel "to protect A. Information covered by Executive
the Filipino child from Privilege
abuse, exploitation, B. Privileged information relating to
trafficking and/or sale national security, defense or
or any other practice international relations
in connection with C. Information concerning law
adoption which is enforcement and protection of public
harmful, detrimental, and personal safety
or prejudicial to the D. Information deemed confidential for the
child." protection of the privacy of persons and
certain individuals such as minors,
victims of crimes, or the accused
E. Information, documents or records
Inherent limitations on the right to travel known by reason of official capacity and
are deemed as confidential, including
 Inherent limitations on the right to those submitted or disclosed by entities
travel are those that naturally emanate to government agencies, tribunals,
from the source. These are very basic boards, or officers in relation to the
and are built-in with the power. An performance of their functions, or to
example of such inherent limitation is inquiries or investigation conducted by
the power of the trial courts to prohibit them in the exercise of their
persons charged with a crime to leave administrative, regulatory, or quasi-
the country. In such a case, permission judicial powers
of the court is necessary. Another is the F. Prejudicial premature disclosure
inherent power of the legislative G. Records of proceedings or information
department to conduct a congressional from proceedings which, pursuant to
inquiry in aid of legislation. law or relevant rules and regulations,
are treated as confidential or privileged
H. Matters considered confidential under
banking and finance laws, and their
amendatory laws, and
I. Other exceptions to the right to
information under laws, jurisprudence
and regulations

Constitutional Law II 24
When can diplomatic negotiations be subject to 9. Right of Association
right to information?
9.1 Membership in subversive organization
 The “secrecy of negotiations with
foreign countries is not violative of the When can the right of association be limited?
constitutional provisions of freedom of  Any limitation on the exercise of the
speech or of the press nor of the right to association must be justified by
freedom of access to information.” The the existence of a substantive evil.
nature of diplomacy requires Thus, when Feliciano Co challenged the
centralization of authority and constitutionality the Anti-Subversion
expedition of decision which are Act which outlaws the Communist Party
inherent in executive action. Another of the Philippines and other "subversive
essential characteristic of diplomacy is associations" and punishes any person
its confidential nature. It will be made who joins such groups, further alleging
available to the public once the that it violates his freedom to associate
negotiations have finished. Thus, when as it punishes him for being a leader of
several petitioners asked for a copy of the Communist Party of the Philippines,
Japan-Philippines Economic Partnership his petition cannot be granted as
Agreement (JPEPA) while it is still on freedom of association is so indirect and
the process of negotiations, the Court so insubstantial as to be clearly and
denied their motions stressing that heavily outweighed by the overriding
negotiations of the representatives of considerations of national security and
the Philippines as well as of Japan must the preservation of democratic
be allowed to explore alternatives in the institutions in his country. (People vs.
course of the negotiations in the same Ferrer)
manner as judicial deliberations and
working drafts of opinions are accorded
strict confidentiality. (AKBAYAN vs. Aquino)
9.2 Right to Join

Is the right to not join part of the freedom of

What is executive privilege? association?

 Yes. The constitutionally guaranteed

 Executive privilege is the power of the freedom of association includes the
Government to withhold information freedom not to associate. (SCHA vs.
from the public, the courts, and the Gaston)
Congress. Thus, when petitioner,  Thus, when Santa Clara Homeowners
refused to answer questions on: (a) Association (SCHA) compelled
whether or not President Arroyo respondents to pay dues for
followed up the NBN Project, (b) membership of the homeowners
whether or not she directed him to association, to which respondents
prioritize it, and (c) whether or not she refused since they purchased the lot
directed him to approve it, presented to inside the subdivision without any
him while being probed during the NBN- mention of membership in any
ZTE Deal, and did not appear for later association, SCHA’s stance would not
hearings, the Senate committees cited prosper since in this case, there is no
him of contempt, which he challenged showing that private respondents have
alleging that he cannot disclose agreed to be SCHA members. (SCHA vs.
information as it was covered by Gaston)
executive privilege. The Court posits  When petitioner refused to pay the
that the three (3) questions are dues when asked by Bel-Air Village
covered by executive privilege. (Neri vs. Association, saying that he did not
Senate) consent to be a member of the
association, such argument would not

Constitutional Law II 25
 prosper since in Transfer Certificate of
Title No. 81136 covering the subject
parcel of land issued in the name of the
petitioner contains an annotation to the
effect that the lot owner becomes an
automatic member of the respondent
Bel-Air Association and must abide by
such rules and regulations laid down by
the Association. Thus, when petitioner
bought the land inside the Bel-Air
Village, he automatically became a
member of the Association and likewise
must pay his dues. (Bel-Air Village
Association vs. Dionisio)

Is the compulsory membership to the Bar

violative of a lawyer’s freedom of association?

 No. Integration does not make a lawyer

a member of any group of which he is
not already a member. A lawyer
becomes a member of the Bar when he
passed the Bar examinations. Thus,
when Edillion refused to pay IBP dues
and invoked that his constitutional right
to freedom of associated is being
violated with such compulsion, the
Court is firm saying that Bar integration
does not compel the lawyer to associate
with anyone. The only compulsion to
which he is subjected is the payment of
annual dues to elevate the quality of
professional legal services. Assuming
that the questioned provision does in a
sense compel a lawyer to be a member
of the Integrated Bar, such compulsion
is justified as an exercise of the police
power of the State in regulating the
legal profession. (In re: Marcial Edillion)

Constitutional Law II 26