Professional Documents
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Atty Sandoval (Prebar Trans)
Atty Sandoval (Prebar Trans)
As you can see, based here. The local governments are territorial and political subdivisions of the republic
of the Philippines.
That is known as the general welfare clause, it’s there where you will find the delegation of police power.
Sec 16 has two parts
The first par is general legislative??? The second part is police power. These are the two parts of the
general welfare clause.
General legislative power – for the governance of their constituents.
On the second part is the police power.
With respect to eminent domain it’s section 19? Of the local government code.
Section 19. Eminent Domain. - A local government
unit may, through its chief executive and acting
pursuant to an ordinance, exercise the power of
eminent domain for public use, or purpose or welfare
for the benefit of the poor and the landless, upon
payment of just compensation, pursuant to the
provisions of the Constitution and pertinent laws:
Provided, however, That the power of eminent domain
may not be exercised unless a valid and definite offer
has been previously made to the owner, and such offer
was not accepted: Provided, further, That the local
government unit may immediately take possession of
the property upon the filing of the expropriation
proceedings and upon making a deposit with the
proper court of at least fifteen percent (15%) of the
fair market value of the property based on the current
tax declaration of the property to be expropriated:
Provided, finally, That, the amount to be paid for the
expropriated property shall be determined by the
proper court, based on the fair market value at the
time of the taking of the property.
For the LGU to exercise eminent domain, what is required is an ordinance, a mere resolution will not
do.
This is clarified in the case of municipality of Paranaque v. VM corp. Under the old govt code, they may
exercise eminent domain through resolution or ordinance. Ngayon, in the present LGC there’s a clear
intent on the part of congress na through an ordinance dapat ngayon because the word resolution was not
reenacted in the new LGC.
Q: Difference between ordinance and a resolution?
A: SC said
An ordinance is a law, whereas a resolution is a mere sentiment or opinion. Mere expression of
opinion or sentiment in a particular issue – that’s a resolution.
Second is, an ordinance is permanent but a resolution is only temporary and finally
In the enactment of ordinances, a third reading is required. That’s not true with respect to a resolution.
NOTE: in the enactment of resolutions, they can provide for different rules here
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Q: Of the three inherent powers of the state which is the most pervasive and least limitable?
A: It’s police power. It affects even liberty, life, property etc.
The least limitable the most pervasive. For this reason, it affects not only property rights.
According to Justice Isagani cruz, any human activity may be subject to the police power from the womb
to the tomb.
Unlike the power of taxation and eminent domain, ang tinatamaan lang is property and property rights.
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The RH law was enacted because of police power, ang pinaka purpose nito is population control. The RH
law is actually a population measure.
Yung biometrics law, nowadays even if you are a recent voter but if you don’t undergo this you cannot
vote. You have to undergo that biometrics requirement.
Remember, legislation laws are police power measures designed to ensure that only those who have the
qualifications and none of the disqualifications are possessed by the voter.
After all suffrage is a right, it is a privilege so it’s not available to everyone.
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For the valid exercise of police power the requisites must be present
• Lawful purpose
• Lawful means
‘Yan ang ininvoke nila eh. The petitioners here are even minors, they filed the petition in court to compel
the DENR to cancel existing timber agreements issued to logging concessionaires and to stop issuances
pa. in order to preserve the remaining forests.
This section is not under the bill of rights, it’s under article II.
Q: That’s why it was asked here, since art 2 sec 16 is not included in the bill of rights, does this
mean that this right is less important than any of the bill of rights?
A: There, the SC said NO. This is because the rights found in the bill of rights are civil and political rights
they are limitations of the powers of the state.
Yung nasa sec 16 art ii, it belongs to a different category and involves self preservation.
SC said here pa na this basic right need not even be under the constitution, it’s assumed to exist from the
time of birth. Further it protects even generations yet unborn.
The right here may even prevail over all governments and constitutions.
The rights under the BOR are civil and political rights and they are limitations of the powers of the states.
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BILL OF RIGHTS
If you analyze, there are only 22 sections there.
Q: Meron bang binabanggit na right to appeal?
A: Diba wala. Walang right to appeal diyan.
Appeal is not a constitutional right it’s merely statutory. Hence if there is no law granting that, you
cannot appeal and you cannot claim the denial of the right to due process.
Q: Why no?
A: Because it is not found in the bill of rights.
It is merely statutory.
On the 22 sections, merong bang right to privacy?
A: SECTION 3 – but this is a limited right, privacy of communication and correspondence
SECTION 3.
4 rights in section 4
• Freedom of speech
• Expression
• Freedom of the press
• Freedom of assembly
You can include section 8 to section 4. 8 which is freedom of association.
S5 freedom of religion: another preferred freedom, preferred right.
So 4 & 5 they are preferred freedoms.
If you read section 5
Section 7 is a collective right. The right of people to information on the matters of public concern.
Not all matters are covered by section 7 only matters of public concern.
• The non-impairment clause always yields to the police power and taxation and eminent domain
for as long as the subject matter of contract is imbued with paramount public interest
(4) The law shall provide for penal and civil sanctions
for violations of this section as well as compensation
to and rehabilitation of victims of torture or similar
practices, and their families.
20 – right against imprisonment for failure to pay poll tax and debt
SECTION 20. No person shall be imprisoned for debt
or non-payment of a poll tax.
In relation to section 12, par. 3 “admission or confession in violation of section 12” or “section 17”- right
against self incrimination is also inadmissible.
(3) Any confession or admission obtained in violation
of this or Section 17 hereof shall be inadmissible in
evidence against him.
Q: What is an admission/confession?
A: It’s testimonial evidence.
Q: So what provisions are covered by the exclusionary rule on evidence?
A:
Sec 2 (right against unreasonable searches and seizures)
Sec. 3 (right to privacy of communication and correspondence)
Sec 12 (rights in custodial investigation)
Sec 17 (right against self incrimination)
Those four provisions, they are governed by the exclusionary rule on evidence.
LAGI INAASK YANG 4 SECTIONS NA YAN SA BAR EXAM.
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RIGHTS OF THE ACCUSED
Section 12 – the custodial investigation rights.
During custodial investigation, you are not yet an accused there is no case filed against you. You are
merely a suspect. Dinampot ka ng police or they claim you are invited. They take you to prison. You will
be questioned, you will be interrogated. But you are not yet an accused.
Do not confuse section 12 with section 14. In section 14, these are the rights during trial.
Q: What are the custodial investigation rights under section 12?
A:
Miranda rights
The right to be informed (your first right is to be informed of the miranda rights) this kind of information
must be understandable by the accused, so it cannot be just a mechanical act of reading the bill of rights.
It’s incumbent upon the police for them to inform you of these rights.
In section 12 it must be meaningful information conveyed to the suspect in a language or dialect
known or understood by him
You must be informed of the right to remain silent, that any statement you give will be used in evidence
against you, you have the right to independent & competent counsel preferably of your own choice and if
you cannot afford it, you must be provided for by one. You can waive these rights in writing in the
presence of counsel.
Do not forget R.A. 7438 in relation to section 12. – rights of persons detained, during custodial
investigation
In the last par. of section 12, penal and civil sanctions in violation of these section etc. it is because of this
that 7438 was made, a special law which is malum prohibitum
Q: So how many rights under here?
A: 5.
Q: Ano ano yun?
A:
• Right to be informed itself
• Right to remain silent that any statement you give will be used in evidence against you
• Right to independent and competent counsel preferably of your own choice
• Independence + competence must concur
• A fiscal/prosecutor may be very competent but he is not independent as under section 12
because by the nature of his function he represents an interest adverse to the accused.
• A PAO lawyer, pwede ‘yan. But not the prosecutor because the counsel in section 12 must be
independent and competent and the two must concur, they must go hand in hand
• Right to be informed that if you cannot afford counsel, you will be provided for by one
• Right to be informed that you can waive these rights in writing in the presence of counsel
These are different from the rights under section 14. In section 14 you are already an accused and the case
is about to be tried already. Kaya section 14, these are the rights during trial.
Q: In section 14, ilan yan?
A: The first par. is criminal due process.
SECTION 14. (1) No person shall be held to answer
for a criminal offense without due process of law
Q: Pero yung paragraph 2, ‘yan na yung rights of the accused during trial. Again, if you analyze
ilan yan?
(2) In all criminal prosecutions, the accused shall be
presumed innocent until the contrary is proved, and
shall enjoy the right to be heard by himself and
counsel, to be informed of the nature and cause of the
accusation against him, to have a speedy, impartial,
and public trial, to meet the witnesses face to face, and
to have compulsory process to secure the attendance
of witnesses and the production of evidence in his
behalf.
This takes place during arraignment. Arraignment is thus, very important in a criminal proceeding.
So section 14.
• Right to be presumed innocent
• Right to be represented by counsel
• Right to be informed of the nature and accusation against him
• The right to speedy trial
• Right to impartial trial
• Right to public trial
• Right to meet the witnesses face to face (In US, you call this the confrontation clause)
• Right to compulsory process to secure presence of witnsses and to present evidence on his behalf
(dito papasok yung subpoena: 2 kinds: ad testificandum & deuces tecum)
The accused in a criminal case kahit na may testigo ka that will prove your innocence, maniwala ka hindi
pupunta yan sa trial. Yung human nature na ayaw madamay. Ayaw mag testify niyan on behalf of the
accused, the inconvenience of testifying in court so that’s the proper time for you to apply for a subpoena
to compel him to testify on your behalf.
2 kinds of subpoena
• Subpoena deuces tecum (production of documents)
• Birth certificate, death certificate – sa civil registrar ito, hindi naman maglalakad yang mga
‘yan sa court, so you apply for this subpoena to compel the official custodian of the
documents to bring it before the court.
• Land titles – you compel the register of deeds, kasi again hindi naman maglalakad yan
papuntang court
After conviction pending appeal, do not invoke section 13 of the bill of rights it finds no application.
Highlight the phrase, before conviction it means that all of it shall be bailable, except when the charge is
punishable by reclusion perpetua and when evidence of guilt is strong.
BUT you may invoke section 5, rule 114 of the rules of court when pending appeal
In the MTC, bail is a matter of right before and after conviction because in the MTC only yung crimes
punishable below 6 years.
Sa RTC, iba na ‘yan.
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But if lower than reclusion perpetua bail is a matter of right. (as in section 13 of the bill of rights)
If the case is homicide, the penalty is reclusion temporal so it’s lower than reclusion perpetua
Q: Can you post bail as a matter of right here?
A: Yes even if the evidence of guilt is strong. It is a matter of right.
Q: Pero halimbawa, the case is murder. What is the penalty for murder?
A: Reclusion perpetua to death.
You cannot post bail as a matter of right here, in this case it’s a matter of discretion.
There must be a bail hearing conducted to determine if the evidence of guilt is strong.
For simple rape, it’s reclusion perpetua so again you cannot post bail as a matter of right, only as a matter
of discretion, so the court must conduct a bail hearing.
So, after conviction in the RTC pending appeal. The penalty imposed is imprisonment for not less than 6
but not more than 20 years, here bail is discretionary that’s section 5 of rule 114 but the situation is after
RTC but the imprisonment is not less than 6 years but not more than 20 years. Here, there must be a
hearing to determine if the 5 circumstances are present
Q: In the case of Jalosjos he was convicted of rape in the RTC but he was able to appeal. So the
question is, during the appeal should bail be granted? Is bail a matter of right or discretion?
A: the two requisites for the denial of bail are present. He was convicted so the evidence of guilt is strong
and the penalty is reclusion perpetua. Thus, BAIL MUST NOT BE GRANTED.
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In section 13 take note of the phrase before conviction
Now after conviction or pending appeal, section 13 of the BOR is N/A, You use rule 114 section 5.
In the MTC, bail is always a matter of right before and after conviction because the jurisdictional limit is
6 years. This is section 4 rule 114 of the rules of court.
Q: What are the rights involved in section 16?
A: Right to speedy disposition of cases.
Q: Difference with speedy trial?
A: Right to speedy disposition of cases applies to civil, admin cases, criminal cases
Speedy trial: in criminal cases. Sec 14 par. 2
(2) In all criminal prosecutions, the accused shall be
presumed innocent until the contrary is proved, and
shall enjoy the right to be heard by himself and
counsel, to be informed of the nature and cause of the
accusation against him, to have a speedy, impartial,
and public trial, to meet the witnesses face to face,
and to have compulsory process to secure the
attendance of witnesses and the production of
evidence in his behalf.
You are a pilot, sa gitna ng flight ayaw mo na tatalon ka na sabihin mo I cannot be compelled. Hindi din
pwede yan, patapusin mo muna yung voyage. This is another exception.
Yung anak mo inutusan mo na bumili sa tindahan, sabi niya I invoke my right against involuntary
servitude, batukan mo hindi pwede ‘yan it will not apply to children under the patria potestas of their
parents.
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The prohibition against imposition of cruel, inhuman degrading punishment – section 19
• One that is shocking to the conscience of man by contemporary standards
• This is what is inflicted upon the convict
Halimbawa convicted ka na and the penalty is death by crucifixion, hindi pwede yun. Yung burning at the
stake. Hindi din pwede yan.
But, the death by lethal injection when we used to implement the death penalty law. This is the case of
Echegaray. He challenged the death penalty law and said it’s unconstitutional and constitutes cruel,
degrading punishment. The SC said mere extinguishment of life is not cruel, degrading inhuman
punishment. To constitute such there must be prolonged agony and suffering, it’s the nature of the
punishment, it must be shocking to the standards of the conscience of man. Basta kapag tulog na daw
tsaka iinject yung lethal substance, bale papatulugin muna.
Section 20 – constitutional right ng mga mahilig mangutang ng di nagbabayad hahahah
Section 21 – the right against double jeopardy.
When you read it.
SECTION 21. No person shall be twice put in
jeopardy of punishment for the same offense. If an act
is punished by a law and an ordinance, conviction or
acquittal under either shall constitute a bar to another
prosecution for the same act.
Yung first sentence: the double jeopardy for the same offense.
Yung second sentence: double jeopardy for the same act.
There are two kinds of double jeopardy under section 21. These are the two kinds.
Q: What are the requisites for double jeopardy for the same offense?
A: Judgment on the merits from a court that has competent jurisdiction, the accused entered his plea
(during arraignment – the plea should also be a valid plea), the judgment has attained finality he was
convicted or acquitted, or dismissed without his express consent.
If double jeopardy is present, it is susceptible to a motion to quash.
RULE 117
Section 3. Grounds. — The accused may move to quash
the complaint or information on any of the following
grounds:
This is the due process clause: No person shall be deprived of life, liberty, or property without due process
of law and equal protection clause: nor shall any person be denied the equal protection of the laws.
Q: When do you invoke these, in general?
A: If what is involved is an act of government that appears to be arbitrary, whimsical, oppressive
unreasonable – that’s the proper time to invoke the due process clause. Any act of government that
appears to be like this, even confiscatory and you want to challenge that it’s the proper time to invoke due
process
If what is invoked is an act that is DISCRIMINATORY that’s when you invoke the equal protection
clause. This is a guaranty against any kind of discrimination/discriminatory conduct of the government.
Kapag na segregate na from the rest, and given a different treatment it’s an equal protection issue.
In the EPC, persons or things which are similar must be treated similarly. If they are not the same, they
should not be treated similarly.
Q: What are the two aspects of due process?
A: Procedural due process and substantive due process.
Procedural due process: refers to the method or matter where it is imposed.
• Notice and hearing or opportunity to be heard
Substantive due process : requires that the law itself is fair, reasonable
VOID FOR VAGUENESS DOCTRINE: The law should be declared void because it is vague. It’s
vague because the law lacks comprehensible standards. Layman’s term, for greater clarity and
understanding. The law could refer to an enactment of congress, admin relation, ordinances by locals.
Q: Why is it vague?
A: Because according to the court, it requires comprehensible standards.