Atty. Laurie Pe Notes on Consti 2

ATTY. PE NOTES ON CONSTI 2 2015 - 2016 San Beda College - Manila First Meeting: December 15, 2015 1. What is Constitutional Law? a) Study of the proper balance between the power of the state, and the rights and liberty of the people b) Study of the structure and powers of the Government of the Republic of the Philippines c) Branch of public law which treats of constitutions, their nature, formation, amendment and interpretation 2. What is a Constitution? a) Body of rules and principles in accordance with which the powers of sovereignty are regularly exercised. Cooley b) Written instrument enacted by which the fundamental powers of the government are established, limited, and defined and by which their powers are distributed among the several departments or branches for their safe and useful exercise for the benefit of the people.

3. What are the Essential Qualities of a Constitution? a.) Broad – Must be comprehensive enough to provide for every contingency. b.) Brief – Must confine itself to basic principles to be implemented within legislative districts. c.) Definite – Must be clear in its provisions. 4. What are the advantages and disadvantages of a written Constitution? Advantage – Its capacity to resist capricious or whimsical change dictated by passing fancies, temporary passions or occasional infatuations of the people with ideas or personalities. Disadvantage – Unable to adjust to the need for change justified by new conditions and circumstances. 5. What are the parts of a Constitution? a) Constitution of Government: provisions on government structure and powers. b) Constitution of Liberty: Bill of Rights c) Constitution of Sovereignty: amendatory and revision provisions 6. How to amend the Constitution? Any amendment to, or revision of, this Constitution may be proposed by:

(1) The Congress, upon a vote of three-fourths of all its Members; or (2) A constitutional convention. Amendments to this Constitution may likewise be directly proposed by the people through initiative upon a petition of at least twelve per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters therein. No amendment under this section shall be authorized within five years following the ratification of this Constitution nor oftener than once every five years thereafter. The Congress shall provide for the implementation of the exercise of this right. The Congress may, by a vote of two-thirds of all its Members, call a constitutional convention, or by a majority vote of all its Members, submit to the electorate the question of calling such a convention. Any amendment to, or revision of, this Constitution under Section 1 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the approval of such amendment or revision. Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the certification by the Commission on Elections of the sufficiency of the petition. 7. What is an Amendment? Refers to isolated or piecemeal change without considering the whole document. 8. What is a Revision? Re-examination of the entire document, or of provisions of the document which have overall implications for the entire document 9. What are the Inherent Powers of the State? Discuss each. a.) Police Power – The power of the State to regulate liberty and property for the promotion of the general welfare. b.) Eminent Domain – The power of the State to forcibly acquire private property, upon payment of just compensation for public use. c.) Taxation – The power of the State to demand from the members of the society their proportionate share or contribution in the maintenance of the government. 10. What are the similarities among the Inherent Powers of the State?

1 |R e v i e w e r b y A L E A K I M S a n d i e g o L a v i s t a

ATTY. PE NOTES ON CONSTI 2 2015 - 2016 San Beda College - Manila a.) They are inherent in the State and may be exercised without need of constitutional grant b.) They are necessary and indispensable c.) They are enduring and indestructible as the State itself d.) These are methods by which State interferes with private rights e.) They presuppose equivalent compensation f.) These are exercised primarily by the legislature 11. What are the differences among the Inherent Powers of the State?

Scope Exercisi ng Authorit y Valid Delegati on by:

Purpose

Property Involved Compen sation

Dept. Order 1 of DOLE: Guideline governing the temporary suspension of deployment of Filipino Household Workers. Police power has been defined as the state authority to enact legislation that may interfere with personal liberty or property in order to promote general welfare. It refers to the plenary power of the State to govern its citizens. 2. Ichong v. Hernandez RA 1180: An Act to Regulate the Retail Trade Business. Police power cannot be bargained away through a treaty. The State in the exercise of its Police Power has the authority to protect the nation’s economy and security against the monopolistic control of aliens.

Police Power Regulates liberty and Property Government

Eminent Domain Regulates Property

Taxation Regulates Property

3. Lutz v. Araneta

Government and Private Entities

Government

The protection of the Sugar Industry which constitutes one of the great sources of the State’s wealth is within the sphere of protection of the State’s Police power.

President Administrativ e Bodies Law-making Bodies of LGUs

President Administrative Bodies Law-making Bodies of LGUs Public and Quasi-Public Corporations Public Use

President Administrativ e Bodies Law-making Bodies of LGUs Public and Quasi-Public Corporations Public Necessity

4. Lozano v. Martinez

Public Necessity State’s right to selfpreservation and selfprotection Property is noxious Unselfish feeling that an individual has contributed to public good

Property is wholesome and for public use Full and fair equivalent of the property taken

Case Doctrines on Police Power 1. PASEI v. Drilon

Property is wholesome and for public use Protection and Public Improvement

Act 567: The Sugar Adjustment Act

BP Blg. 22: The Bouncing Checks Law The State in the exercise of its Police power can authorize a law that punishes the act of making and issuing a worthless check or a check that is dishonored upon its presentation for payment in the interest of public policy and economic welfare. 5. Ynot v. IAC EO No. 626 which penalizes the transportation of a carabao or carabeef from one province to another is an unlawful exercise of Police power of the State because the method employed to conserve the carabaos is not reasonably necessary to the purpose of the law which is to prevent the indiscriminate slaughtering of carabaos and is evidently oppressive. 6. City v. Ericta Ordinance No. 6118 which requires that at least 6% of the total area of the memorial park be set aside for charity burial is an invalid exercise of Police power because Police power does not include the power to prohibit. 7. Manila v. Secretary RA 9257 which provides that the 20% discount to Senior Citizens may claimed as a tax deduction by private establishments. As a form of reimbursement, the law provides that business establishments extending the twenty percent discount to senior citizens may claim the discount as a tax deduction.


ATTY. PE NOTES ON CONSTI 2 2015 - 2016 San Beda College - Manila The law is a legitimate exercise of police power which, similar to the power of eminent domain, has general welfare for its object. While the Constitution protects property rights, petitioners must accept the realities of business and the State, in the exercise of police power, can intervene in the operations of a business which may result in an impairment of property rights in the process. The very nature of police power as elastic and responsive to various social conditions as well as the evolving meaning and scope of public use and just compensation in eminent domain evinces that these are not static concepts. Because of the exigencies of rapidly changing times, Congress may be compelled to adopt or experiment with different measures to promote the general welfare which may not fall squarely within the traditionally recognized categories of police power and eminent domain. Second Meeting: January 12, 2016 1. What is Eminent Domain? It enables the State to forcibly acquire private property upon payment of just compensation for some public use.

e.) For Just Compensation. f.) Subject to the Due Process of Law. 5. What is private property? Anything that can come under the dominion of man. 6. Are all private property subject to the power of Eminent Domain? No, money and choses of action cannot be subjects of expropriation. a. Expropriation of money would be a futile act because the requirement for the payment of just compensation, usually also in money. b. Choses of Action is a personal right not reduced into possession but recoverable by suit of law, a right to receive , demand or recover a debt, demand or damages on a cause of action or for a tort or omission of duty. 7. What is public use?

2. When can Eminent Domain be used as Police Power?

It is any use directly available to the general public as a matter of right not merely forbearance or accommodation.

Eminent Domain can be used as Police Power through CARP.

8. What is the expansive concept of public use?

3. The Congress wants to expropriate the land of Mr. Panginoong May Lupa to create a playground and offered the latter just compensation for such. Mr. Panginoong May Lupa does not want to sell it and alleged that Ms. Katawang Lupa owns a more playground conducive property than him. Mr. Panginoong May Lupa now challenges the necessity of the expropriation proceedings, will the case prosper? No, the question of genuine necessity is a political question in which the courts cannot resolve. 4. What are the requisites for a valid exercise of Eminent Domain?

In the case of Ouano v. Republic, it was said that public use includes any use that is of usefulness, utility or advantage or what is productive of general benefit of the public. In the case of Manosca v. CA, it was said that as long as the public has a right of use whether exercised by one or many members of public, a public advantage or public benefit accrues sufficient to constitute a public use. Ex. How is CARP for Public Use? There is no direct benefit given to the people. However, CARP is a program designed to help farmers earn a living in line with the Constitutional concept on dynamic social justice. When these farmers earn a living, it results to a diminution of squatter areas which is beneficial to our Tourism and which can help our national economy.

a.) There must be a necessity which must be of public character.

9. What is taking? Give its requisites.

b.) It is done on a private property.

A physical dispossession of the owner, as when he is ousted from his land or relieved of his watch and is thus deprived of all beneficial use and enjoyment of his property.

c.) It results in the taking or appropriation of title to and possession of the expropriated property. d.) It is intended for public use.

As held in the case of Republic v. Castellvi, the requisites of taking are the ff: a.) The expropriator must enter a private property.


ATTY. PE NOTES ON CONSTI 2 2015 - 2016 San Beda College - Manila b.) The entry must be for more than a momentary period. c.) The entry must be under a warrant or color of legal authority. d.) The property must be devoted to public use or otherwise informally appropriated or injuriously affected.

The Courts have power to restrict the exercise of Eminent Domain to actual reasonable necessities of the case and for purposes designated by law. Republic v. PLDT All private property capable of expropriated.

ownership may be

Amigable v. Cuenca e.) The utilization of property for public use must be in such as to oust the owner and deprive him of beneficial enjoyment of his property. 10. What are the steps in expropriation? The Congress / President / Local Legislative Body / Public and Quasi Public Corporations offers to buy the property. If the offer is rejected, there will be petition for expropriation. The petition will determine the legality of the necessity, validity and just compensation in the expropriation proceedings. 11. Can a property for public use be designated for another public use? Yes, a private property devoted for public use like a cemetery is a proper subject of expropriation as held in the case of City of Manila v. Chinese Community of Manila. 12. What is just compensation? A full and fair equivalent of the property taken from the private owner by the expropriator. 13. How do you determine just compensation? It is determined as of the date of the filing of the complaint for eminent domain. 14. What is the effect Compensation?

of

non-payment

of

Just

In case of non-payment of Just Compensation, the owners shall have the right to recover possession of their property as held in the case of Republic v. Lim.

In case of taking without going through the legal process, the aggrieved party may properly maintain a suit against the government without violating the doctrine of governmental immunity from suit without its consent. The doctrine of governmental immunity from suit cannot serve as an instrument for perpetrating an injustice on a citizen. PPI v. COMELEC Taking of private property for public use without just compensation is not authorized by the Constitution. COMELEC has no delegated authority to exercise police power.

Sumulong v. Guerrero The public use requirement for a valid exercise of eminent domain is flexible and evolving concept influenced by changing conditions. The lands in question are expropriated by the NHA for the expansion of Bagong Nayon Housing Project to provide housing facilities to low salaried government employees. This is in line with solving the national problems of the society of shortage of houses and squatters areas. EPZA v. Dulay The determination of just compensation in eminent domain cases is a judicial function. Third Meeting: January 16, 2016

15. What is Fair Market Value?

1. What is Taxation?

The market value of the property is the price that may be agreed upon by the parties who are willing but are not compelled to enter into a contract of sale. It includes the consequential damages and special benefits of the owner of the property.

The power of the State to demand from the members of the society their proportionate share or contribution in the maintenance of the government.

Case Doctrines on Eminent Domain

2. Taxation is enforced by the State through what form?

City of Manila v. Chinese Community


ATTY. PE NOTES ON CONSTI 2 2015 - 2016 San Beda College - Manila It is enforced through taxes. Taxes are enforced proportional contribution from persons and property, levied by the State by virtue of its sovereignty for the support of the government and for all public needs.

Gift tax on Donation.

3. The power of Taxation is based on what aspects?

Abra Valley College v. Aquino

a.)

b.)

Fiscal Adequacy – The sources of government revenue must be sufficient to meet government expenditures and other public needs. Theoretical Justice – A good tax system must be based on the taxpayer’s ability to pay.

Ex. A law mandating everyone to pay Php 1,000, 000. 00 as income tax per year is against Theoretical Justice. c.)

Administrative Feasibility – Taxes should be capable of being effectively enforced.

Ex. A person living in Mindanao has to pay his taxes in Metro Manila is against Administrative Feasibility.

A donee’s gift tax is tax upon the privilege of receiving properties which is not exempted by the Constitution.

Satisfaction of RPT. The exemption in favor of property used exclusively for educational purposes extends to facilities which are incidental to and are reasonably necessary for the accomplishment of its educational purposes. Examples: a.) The use of the 2nd floor of the school as the school director’s family residence. b.) The use of the Benedictine monks of a small farm inside the school as the source of their food.

4.) Why is the Power to Tax the power to Destroy?

4. What is the concept of Due Process?

When a legislative body having the power to tax a certain subject matter actually imposes such burdensome tax as effectually to destroy the right to perform the act or to use the property subject to the tax, the validity of the enactment depends upon the nature and character of the right destroyed.

The Due Process of Law is a guaranty against any arbitrariness on the part of the government whether committed by the legislature, the executive or the judiciary. Its purpose is to protect every person from deprivation of life, liberty or property without due process of law.

5.) When can taxation be used as an implement of Police Power? When State Funds are used to imposed higher regulatory fees and licenses.

5. What are kinds of Due Process of Law? a.)

Substantive DP – Requires the intrinsic validity of the law in interfering with the rights of the person to his life, liberty or property.

Sison v. Ancheta

Ex. A law punishing rapists by castrating them is violative of Substantive DP because the State has the right to protect the life of a person. The law itself is invalid for it deprives a person’s right to life which includes his physical attributes.

BP Blg. 135: Tax on Citizens and Residents

Cases: Agustin v. Edu & Southern Hemisphere v. ATC

Case Doctrines on Taxation

Equality and uniformity in Taxation means that all taxable articles or kinds of property of the same class shall be taxed at the same rate. The taxing power has the authority to make reasonable and natural classifications for purposes of taxation.

b.)

Procedural DP – Requires notice and hearing. Hears before it condemns, which proceeds upon inquiry and renders judgment only after trial.

Pascual v. Secretary

Cases: Webb v. De Leon, People v. Teehankee, Ang Tibay v. CIR, Ateneo v. Capulong and Go v. Letran

Sec. 1-C of RA No. 920 appropriates Php 85,000 for the repair and construction of Pasig Feeder Roads

Case Doctrine on Due Process

It is a general rule that the legislature is without the power to appropriate public revenue for anything but a public purpose.

Southern Hemisphere v. ATC

Lladoc v. CIR


ATTY. PE NOTES ON CONSTI 2 2015 - 2016 San Beda College - Manila Petitioners assail the Human Security Act of 2007 for being intrinsically vague and impermissibly broad the definition of terrorism.

a. There is an impartial court or tribunal clothed with judicial power to hear and determine the matters before it;

There is a violation of Due Process when a law is vague or ambiguous. In Due Process, one must know the law clearly and what is prohibited by law.

b. Jurisdiction is properly acquired over the person of the defendant and over the property which is the subject matter of the proceeding;

Void for Vagueness Rule – When a statute forbids or requires the doing of an act in terms so vague that man of common intelligence must necessarily guess as to its meaning and differ as its application, that law is deemed VOID.

c.

Fourth Meeting: January 19, 2016 1. What is the Bill of Rights (BOR)? The BOR guarantees that there are certain areas of a person’s life, liberty and property which governmental power may not touch (Bernas). A declaration and enumeration of a person’s rights and privileges which the Constitution is designed to protect against violations by the government (De Leon). 2. Who grants the BOR? The State through its Constitution grants the BOR. 3. What if there is no BOR? The people have natural rights. 4. What are the grounds for the Mandatory Inhibitions of a Judge? Sec. 1 Disqualification of Judges – No judge or judicial officer shall sit in any case in which he or his wife or child is peculiarly interested as heir, legatee, creditor or otherwise, or in which he is related to either party within the sixth degree of consanguinity or affinity or to counsel within the fourth degree, computed according to the rules of the civil law, or in which he has been executor, administrator, guardian, trustee or counsel on in which he has presided in any inferior court when his ruling or decision is the subject or review, without the written consent of all parties in interest, signed by them and entered upon the record. A judge may, in the exercise of his sound discretion, disqualify himself from sitting in a case, for just or valid reasons other than those mentioned above. 5. What are the requirements of Procedural Due Process in Judicial Proceedings?

The defendant must be given an opportunity to be heard;

d. The judgment was rendered upon lawful hearing and based on evidence adduced. 6. What is an impartial court? 7. What are the requirements of Procedural Due Process in Administrative Proceedings? As held in Ang Tibay v. CIR, the requirements of Procedural Due Process in Administrative Proceedings are as follows: a. Right to hearing – it includes right to present one’s case and submit evidence to support thereof; b. The tribunal or body or any of its judges must act on its own independent consideration of the law and facts of the controversy; c. The tribunal must consider the evidence presented; d. Evidence presented must be substantial which means relevant evidence as a reasonable mind would accept as adequate to support a conclusion; e. The decision must have something to support itself; f.

The decision must be based on evidence presented during hearing or at least contained in the record and disclosed by the parties and;

g. The decision must be rendered in a manner that the parties can know the various issues involved and the reason for the decision rendered. 8. What are the requirements for Procedural Due Process in Academic Settings? As held in ADMU v. Capulong, the requirements for Procedural Due Process in Academic Settings are as follows:


ATTY. PE NOTES ON CONSTI 2 2015 - 2016 San Beda College - Manila a. The students must be informed in writing of the nature and cause of any accusation against them; b. That they shall have the right to answer the charges against them with the assistance of counsel, if desired; c.

They shall be informed of the evidence against them;

d. They shall have the right to adduce evidence on their own behalf;

a. b. c. d.

It must be based on substantial distinctions; It must be germane to the purposes of the law; It must not be limited to existing conditions only; It must apply equally to all members of the class.

Case Doctrines in EPC: Villegas v. Hio Chiong Tsai Pao Ho Cayat Dumlao Himagan

e. The evidence must be duly considered by the investigating committee or official designated by the school authorities to hear and decide the case.

Biraogo v. PTC

Case Doctrines in Due Process of Law:

International School of Manila v. Quisumbing

PBMEO v. PBMC

Ormoc Sugar Company

Primacy of human rights over property rights is recognized because these freedoms are delicate and vulnerable, as well as supremely precious in our society and the threat of sanctions may deter their exercise almost as potently as the actual application of sanctions, they need breathing space to survive permitting government regulation only with narrow specificity.

Philippine Judges Association v. Prado

Republic v. Sandiganbayan Ichong v. Hernandez Ynot v. IAC

Almonte v. Vasquez

Whitelight v. City of Manila 3. What is the right against Unreasonable Searches and Seizures? 4. What are the requirements of a valid Search Warrant? 5. What is the meaning of Probable Cause as to SWs and as to Was?

Alonte v. Savellano

Case Doctrines in Searches and Seizures:

People v. Teehankee

People v. Marti

Agustin v. Edu

Stonehill

SJS v. DDB

Soliven vs. Makasiar

Aniag v. COMELEC

Burgos v. Chief of Staff

Go v. Letran Remman Enterprises

Sixth Meeting: January 26, 2016

Webb v. De Leon

Quiz

Fifth Meeting: January 23, 2016

1. When can there be a valid warrantless arrest?

1. What is the Concept of EPC? All persons or things similarly situated should be treated alike, both as to right conferred and responsibilities imposed. 2. What is the test for a valid classification?

a. When the person to be arrested has committed, is actually committing, or is attempting an offense; b. When an offense has just been committed and he has probable cause to believe that based on personal knowledge of facts or circumstances that the person to be arrested has committed it;


ATTY. PE NOTES ON CONSTI 2 2015 - 2016 San Beda College - Manila

c.

When a person to be arrested is an escapee or detention prisoner. (ROC, Rule 113, Sec. 5)

d. Membership in organizations like NPA is a continuing offense, thus a person can be arrested at anytime. (Umil v. Ramos) e. When the right is waived by the person arrested, provided that he knew of such right and knowingly decided not to invoke it.

An order in writing issued in the name of the People of the Philippines signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court. 2. Who can issue a Search Warrant? Can a Justice of the Supreme Court issue a SW? A judge can issue a SW. 3. Could cabinet officials issue a WOA? No, only a judge can issue a SW.

2. When can there be a valid search without a warrant?

4. What are the difference between a SW and a WOA?

a. When the right has been voluntarily waived;

5. Discuss the difference between the case of People v. Mengote and People v. Posadas.

b. A person caught in flagrante delicto as an incident to a lawful arrest, provided search is contemporaneous to arrest and within permissible area of search;(ROC, Rule 126, Sec.13) c.

Searches of vessel and aircraft for violation of fishery, immigration and customs laws;

d. Searches of automobiles at borders or constructive borders for violation of immigration and smuggling laws; e. Inspection of buildings and other premises for the enforcement of fire, sanitary and building permits; f.

Visual search at checkpoints (Vamonte v. De Villa);

g. Conduct of aerial target zoning and saturation drive in the exercise of military powers of the President; h. When there is a genuine reason to stop and frisk in the light of the police officer’s experience and surrounding conditions to warrant a belief that the person detained has weapons concealed; i.

Where prohibited articles are in plain view;

j.

Doctrine of Exigent Circumstances – under urgency and exigency of the moment, a SW should be lawfully dispensed with.

6. What is the doctrine of Stop and Frisk? When there is a genuine reason to Stop and Frisk in light of the police officer’s experience and surrounding conditions to warrant belief that the person detained has weapons concealed. Purpose: To prevent the unbridled discretion of a Police officer 7. A standing near a convenient store was looking from left to right for 4 mins. 8. Within the presence of a police officer: A crime was committed 10 meters away from A’s house. 9. Searches in vehicles is limited to what purpose? 10. Who could allow a consented search? A owns a condo unit. A’s gf B, was guest of A for a week. While A was at work, police asked B if they could search the condo unit of A. B agreed. Is the search valid?

CASE DOCTRINES IN SEARCHES AND SEIZURES: Mata v. Bayona Requisites of Search Warrant Soliven v. Makasiar

Seventh Meeting: February 2, 2016 1. What is a Search Warrant?

20th Century Fox Unilab


ATTY. PE NOTES ON CONSTI 2 2015 - 2016 San Beda College - Manila Del Rosario Posadas Mengote Musa Umil v. Ramos People v. Malmsted Sucro

7. Does the Anti-Wire Tapping Act require that a recording device be used in order to violate a person’s RTP? What if you only heard them? No, it does not require a recording device to be used. This law prohibits any person, not being authorized by all parties to any private communication or spoken word to tap any wire or cable or by using any other device or arrangement to secretly overhear, intercept, or record the same or to communicate the content thereof to any other person.

People v. Amminudin Al Ghoul v. CA Eighth Meeting: February 9, 2016 1. Incidental to lawful arrest. A person caught in flagrante delicto as an incident to a lawful arrest, provided search us contemporaneous to arrest and within permissible area of search. A being in possession of drugs was arrested. 2. Discuss the Plain View Doctrine. Objects within the sight of an officer who has a right to be in a position to have that view are subject to seizure and may be presented as evidence. 3. What is the meaning of “communication”? Information that is transferred. 4. During Atty. Adobo’s class, his student, Menudo, secretly recorded the class’ discussion. Is that a violation of Atty. Adobo’s right to privacy? Yes. There is no consent on the part of Atty. Adobo. 5. What are the forms of correspondence covered in the Anti-Wire Tapping Act?

8. Married couple Marian Rivera and Dingdong Dantes were shouting at each other. Passerby, Karylle Yuzon heard them and told her manager, Boy Abunda, about their verbal tussle. Boy Abunda wrote an article about the said incident. Did Karylle and Tito Boy violate the RTP of Marian and Dingdong? No. When the parties are shouting at each other, there is no private communication. 9. Piper is a prisoner, her boyfriend, Peter, sends snail mail to her. Prison Warden Pepper, scans all mails first before it gets to Piper. Is that a violation of Piper’s ROP? Detainees have diminished expectation of privacy rights. Security officers may undertake reasonable measures to secure their safety and prevent escaping detainees. CASE DOCTRINES UNDER RIGHT OF PRIVACY People v. Marti

Zulueta

Ramirez v. CA

Letters, messages, telephone calls, telegrams and other analogous to the foregoing. Ople v. Torres 6. Avah Chen was talking to her boyfriend, Neo Domingo. Avah’s sister, Avery Chen, recorded their conversation through their telephone extension line. Did Avery violate Avah’s Right to Privacy? NO, a telephone extension line is not among the devices covered by RA 4200.

Ninth Meeting: February 13, 2016 1. What is the test on Privacy? a. A person has exhibited an actual expectation of privacy;


ATTY. PE NOTES ON CONSTI 2 2015 - 2016 San Beda College - Manila b. The expectation is one that society is prepared to recognize as reasonable. 2. Elements of the FOE.

c.) Whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value. 7. Is a nude painting obscene?

a.) Freedom from Punishment

No, it has an artistic value.

Freedom of speech includes freedom after speech.

8. Is a nude picture obscene?

b.) Freedom from Censorship

No, it has an artistic value.

Censorship conditions the exercise of the FOS upon the prior approval of the government. 3. What is the Difference between the Freedom of the Press and the Freedom to produce Movies? Press

Movies

9. What if Mr. Roboto compiles pictures of nude paintings and publishes it as a coffee table book, is that obscene? No, it has an artistic value. 10. What is libel? The act of publishing a false statement that causes people to have a bad opinion of someone.

4. Discuss the 3 tests on the FOE. a. Dangerous Tendency Rule If the words uttered create a dangerous tendency which the State has a right to prevent, then such words are punishable. b. Clear and Present Danger Rule Whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that the State has a right to prevent? If they do, the speaker shall be punished. c. Conflict of Interests Tests When a particular conduct is regulated in the interest of public order and the regulation results in an indirect, conditional partial abridgment of speech, the duty of the courts is to determine which of the two conflicting interests demands the greater protection under the particular circumstances present. 5. What is Obscenity? Utterly without any redeeming social value. 6. What is the test of Obscenity? a.) Whether the average person applying contemporary community standards, would find that the work, taken as a whole appeals to prurient interests; b.) Whether the work depicts or describes in a patently offensive way, sexual conduct specifically defined by the applicable law; and,

A malicious defamation, expressed in writing, printing or by signs or pictures or the like tending to blacken the memory of one who is dead, impeach honesty or defects of one who is alive which pose him to public hatred. 11. Why is libel considered as an unprotected speech? It is considered as a crime and punishable under the RPC. 12. What is the Doctrine of Fair Comment? The people have a right to scrutinize and comment or condemn the conduct of their chosen representatives in the government. As long as their comments are made in good faith and with justifiable ends, they are insulated from prosecution or damage suits for defamation even if such views are found to be inaccurate or erroneous. 13. Discuss the O’Brien test. A government regulation is justified when: a. It is within the constitutional power of the government; b. It furthers an important or substantial government interest; c. The government interest is unrelated to the suppression of free expression; d. The incident restriction on alleged freedom of speech and expression is no greater than is essential to the furtherance of that interest. 14. Who is a Public Figure? A person who by his accomplishments fame or mode of living or by adopting a profession or calling which gives the public a legitimate interest in his doings, affairs and character who became a public personage.


ATTY. PE NOTES ON CONSTI 2 2015 - 2016 San Beda College - Manila 15. Content Neutral v. Content Based

SWS

Content Neutral Restraint is aimed at the message or idea of the expression

CASE DOCTRINES UNDER ASSEMBLY AND PETITION

Strict Scrutiny

Content Based Restraint aims to regulate the time, place and manner of the expression in public places O’Brien Test

16. What is the importance of the Right to Assembly and Petition? Public issues are better resolved after an exchange of views among citizens in a meeting for such purpose. 17. What are the instances when you are not required to a get a permit for a rally? Meeting is to be held in a private place, in the campus of a government owned and operated educational institution or in a freedom park. 18. What are the tests to determine the lawfulness of an assembly? a. Purpose for which it is held regardless of the auspices under which it is organized; b. Auspices Test – inquires into the nature of the people composing the assembly. CASE DOCTRINES UNDER THE RIGHT OF PRIVACY Disini

Bagatsing Primacias v. Fuguso

Tenth Meeting: February 16, 2016 1. What are the two aspects of the Freedom of Religion? a. Free Exercise Clause  The freedom to believe and to act on such belief.  A crime is a crime whatever religious practice you have. For instance, offering the life of a virgin to please gods. b. Non-Establishment Clause  The State must be neutral. It must not favor any religion.  Aglipay case. Postage stamps depicting Philippines as the site of a significant religious event is not a violation of the Non-establishment for it seeks to advertise the Philippines to the world. 2. What is the meaning of Religion? It is any specific system or belief, worship, conduct, etc, often involving a code of ethics and philosophy; profession pf faith to an active power that binds and elevates man to his creator.

Vivares

3. Does religion require belief need to believe in God or a Supreme Being?

CASE DOCTRINES UNDER THE FOE

No.

Ayer INC ALARCON CABANSAG V. FERNANDEZ The SC has the power of supervision over all lawyers. If you are a lawyer, your rights to FOE are limited compared to an individual. It is the duty of a lawyer as an officer of the court not to undermine the judiciary. PITA Borjal Moises Padilla

4. Is Taoism, Agnostics, Atheism a religion? 5. What is Benevolent Neutrality Test? It is an approach that looks further than the secular purposes of government action and examines the effect of these actions on religious exercise; the Court will strive to accommodate religious beliefs and practices when it can within flexible constitutional limits. Ex. It is provided in our laws that persons below 18 years of age cannot drink liquor but through this test the State accommodates a person below 18 years of age to drink wine for his communion in his religion.


ATTY. PE NOTES ON CONSTI 2 2015 - 2016 San Beda College - Manila 6. What is the Strict Scrutiny Test? It examines only whether government action is for a secular purpose and does not consider inadvertent burden on religious exercise; a rigid reading of the principle of separation church and state. 7. What are the steps in weighing the State’s interest and religious freedom? How was it applied to the case of Estrada v. Escritor. a.) Has the statute or government action created a burden on the free exercise of religion? Yes, the burden on respondent in the case at bar is even greater as the price she has to pay for her employment is not only her religious precept but also her family which, by the Declaration Pledging Faithfulness, stands honorable before God and men. b.) Is there a sufficiently compelling state interest to justify this infringement of religious liberty? The state’s interest is the preservation of the integrity of the judiciary by maintaining among its ranks a high standard of morality and decency. “There is nothing in the OCA’s (Office of the Court Administrator) memorandum to the Court that demonstrates how this interest is so compelling that it should override respondent’s plea of religious freedom. Indeed, it is inappropriate for the complainant, a private person, to present evidence on the compelling interest of the state. The burden of evidence should be discharged by the proper agency of the government which is the Office of the Solicitor General”. c.) Has the state in achieving its legitimate purposes used the least intrusive means possible so that the free exercise is not infringed any more necessary to achieve the legitimate goal of the State?

2.) Can the Mayor of Manila, exile all lepers to a leprosarium in Davao without Court Order? No, ours is a government of laws and not of men. Without a court order, the Mayor of Manila cannot exile all lepers to Davao.

3.) What is the purpose of Sec. 8: Right to Form Associations? The organization can be used as a vehicle for the expression of views that have a bearing on public welfare. 4.) Discuss the non-impairment clause? Sec. 10: No law impairing the obligation of contracts shall be passed. Purpose: To safeguard the integrity of valid contractual agreements against unwarranted interference by the Sate. Contract: Lawful agreements on property or property rights, whether real or personal, tangible or intangible. Impairment: There is impairment when the law retroacts so as to affect the existing contracts concluded before its enactment. Impairment is material when the original rights of either parties are changed to their prejudiced. 5.) Can a Franchise be subject to the non-impairment clause? No, franchises partakes of the nature of a grant which is beyond the purview of the non-impairment clause of the Constitution. Ex. MSL Mining Corp was granted by the government, a franchise to operate for 10 years. Subsequently, a law was passed, prohibiting all acts of mining. Can the government validly do that without violating the non-impairment clause?

Eleventh Meeting: February 23, 2016

Yes, because franchises are not protected by the nonimpairment clause, only obligations of contracts are protected.

1.) A strong typhoon will be coming to the province of Dagupan (located near bodies of waters). Can the LGU asked the inhabitants of the said place to transfer inland?

6.) Discuss the concept of Free Access to Courts.

Yes, the liberty of abode can be impaired upon lawful order of the court and within the limits provided by law. LGUs in the interest of public safety can validly do this without a court order.

Sec. 11, Art. 3: The free access to the courts and quasijudicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. Cases Discussed:


ATTY. PE NOTES ON CONSTI 2 2015 - 2016 San Beda College - Manila Silverio v. CA Art. 3, Sec. 6 of the Constitution should by no means be construed as delimiting the inherent power of the Courts to use all means necessary to carry their orders into effect in criminal cases pending before them.

Manotoc v. CA Manotoc who was facing criminal charges for estafa was bailed out. He filed motions to leave for the US, however, the Court denied it because one of the conditions of a bail bond is that he would make himself available at any time whenever the Court requires his presence.

a convenient substitute for money; it forms part of the banking system and therefore, not entirely free from regulatory power of the State. Mijares v. Ranada Petitioners invoke Section 11, Article III of the Bill of Rights of the Constitution, which provides that Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty, a mandate which is essentially defeated by the required exorbitant filing fee. The adjudicated amount of the filing fee, as arrived at by the RTC, was characterized as indisputably unfair, inequitable, and unjust. FINAL TERM Twelfth Meeting: March 12, 2016 Laws Recited: Secs. 12, 15 and 17

Yap v. CA

1. What is Custodial Investigation?

To fix the bail at an amount equivalent to the civil liability which Yap was charged is to permit the impression that the amount paid as bail is an exaction of the civil liability that the accused is charged of; this is not allowed because bail is not intended as a punishment nor a satisfaction of a civil liability/

a.) It is any questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way (Miranda v. Arizona).

Marcos v. Manglapus The SC sustained the refusal of the government to allow Marcos to return to the Philippines on the ground that it would endanger national security. In re: Atty. Edillon To compel a lawyer to be a member of the IBP is not violative of his constitutional right to associate. Integration does not make a lawyer a member of any group of which he is not already a member. He became a member of the Bar, the moment he passed the bar exams. The only compulsion to which he is subjected is the payment of IBP dues. Victoriano v. Elizalde The right to join a union includes the right to refrain from joining it. Ortigas v. Feati Bank Contract v. Resolution. The SC ruled that the zoning resolution had been adopted in the exercise of the police power, which was superior to the impairment clause which could validly modify the contract. Lozano v. Martinez Checks cannot be categorized as contracrs. It is a mere instrument, which in this modern day and age, has become

b.) It shall include the practice of issuing an invitation to a person who is investigated in connection, with an offense he is suspected to have committed, without prejudice to the liability of the inviting officer for any violation of the law (R.A. No. 7438). c.) A critical pre-trial stage when police investigation is no longer a general inquiry into an unsolved crime but has begun to focus on a particular person as a suspect who had been taken into custody by the police who carry out a process of interrogation and profound questions to the person to elicit incriminating statements (Bernas). d.) The time when the investigation is no longer a general inquiry into an unsolved crime but begun to focus on a particular suspect, the suspect has been taken into police custody out a process of interrogations that lender itself to eliciting statements (Escobedo v. Illinois). 2. When does a person need a counsel in a police lineup? GR: A police line-up is not considered part of any custodial investigation because it is conducted before that stage of investigation is reached (Gamboa v. Cruz). ER: From the moment the investigating officer starts to ask questions to illicit information or confession or admission, the accused shall have the right to counsel.


ATTY. PE NOTES ON CONSTI 2 2015 - 2016 San Beda College - Manila After the start of the custodial investigation, any identification of an uncounseled accused made in a police line-up is inadmissible.

In Galman v. Pamaran, the SC ruled that the protection covered persons not yet in custody but already under investigation.

Rationale: The process has not yet shifted from investigatory to accusatory stage and it is usually the witness / complainant who is interrogated and who gives statement in the course of the line-up.

In People v. Dela Cruz, the right begins to operate only when the person is taken into custody and to whom the police would then direct interrogatory questions which tend to elicit incriminating statements.

13th Meeting: March 15, 2016

Rationale: What the Constitution bars is the compulsory disclosure of incriminating facts and circumstances.

Law Recited: Sec. 12 1.) What are the rights provided in Sec. 12? a) Right to be informed of his right to remain silent and to counsel; b) Right to remain silent; c) Right to be reminded that if he waives his right to remain silent, anything he says can and will be used against him; d) Right to have competent and independent counsel preferably of his own choice; e) Right to be provided with counsel, if the person cannot afford the services of one; f) No torture, force, violence, threat, intimidation or any other means which vitiate the free will shall be used against him; g) Secret detention place, solitary, incommunicado or other similar forms of detention are prohibited; h) Confessions or admissions obtained in violation of these rights are inadmissible as evidence.

2.) Mr. A is under the custody of the police for murder, he was provided a counsel who works for the PNP. Said counsel obtained an Extrajudicial Confession from Mr. A, can it be used in court? No, it cannot be used as admissible evidence in court because Sec. 12 mandates that an accused has a right to have competent and independent counsel preferably of his own choice. A counsel who works for the PNP has interest adverse to Mr. A, thus he cannot be considered as independent counsel.

3.) When Custodial Investigation does starts? It starts when the investigation is no longer a general inquiry into an unsolved crime but has begun to focus on a particular suspect, the suspect has been taken into police custody, the police carry out the process of interrogations that will lead to eliciting statements.

4.) What does evidence?

Custodial

Investigation

cover

as

Testimonial evidence which are confessions and admissions of the accused against himself. (Ho Wai Pang v. People) 5.) What is the difference between a confession and an admission? Confession – a written or oral acknowledgment of guilt by a party accused of an offense. Admission – a statement or action by which someone admits his fault. 6.) Does re-enactments entitle the accused to have counsel? Yes, re-enactments amounts to disclosure of incriminatory facts, hence, it is covered by the inhibition in Sec. 12. 7.) When can arresting officers inform the accused of his Miranda rights? At the moment of the arrest. 8.) What is the Fruit of the Poisonous Tree? Illegally seized evidence is obtained as a direct result of an illegal act. Cases Discussed: People v. Bolanos In the police vehicle, Bolanos admitted that he killed Pagdalian. Such EJC is inadmissible as evidence because he was not informed of his rights under Art. 3, Sec. 12 of the Constitution. People v. Andan Andan raped and killed a nursing student. Without the assistance of a counsel, he admitted his guilt to the Mayor and to news reporters. The EJC is admissible as evidence. The constitutional procedures on custodial investigation do not apply to a spontaneous statement, not elicited by the authorities but given in an ordinary manner whereby Andan orally admitted having committed the crime.


ATTY. PE NOTES ON CONSTI 2 2015 - 2016 San Beda College - Manila People v. Dy Dy told Pat. Padilla that he killed a Swiss tourist using a caliber .38 Wesson, which he surrendered to the latter. Such is admissible evidence against Dy. RES GESTAE RULE – Any person otherwise competent as a witness, who heard the confession is competent to testify as to the substance of what he heard and understood of all of it. People v. Judge Ayson Ramos was charged by PAL with Estafa. Judge Ayson did not accept as competent evidence the EJC of Ramos as it was not made the assistance of counsel. The SC held that the rights under custodial investigation are not available in administrative proceedings. 14th Meeting: March 19, 2016 Laws Recited: Secs. 12, 13 & 14

Yes, his parent or guardian who is of legal age and in charge of his person can waive his right. b. The younger brother of the above mentioned person. Yes, as long as his younger brother is has legal capacity, is of age and no other person has a better right over him. 5.)

GR: Before conviction, all persons shall be bailable by sufficient sureties. ER: The said rule shall not apply to those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong. Rationale: An accused in presumed innocent until his guilt has been proven beyond reasonable doubt by final judgment. 6.)

1.)

Can you waive your rights under custodial investigation? If yes, what rights can be waived?

Yes. The Rights under Sec. 12, which cannot be waived are the following: a. The right to be informed of his right to remain silent and to counsel; b. The right to counsel when making the waiver of the right to remain silent or to counsel. 2.)

How do you waive your rights under custodial investigation?

a. When making a waiver, it must be in writing and in the presence of counsel. b. In EJC – it must be expressly and voluntarily given by the accused in writing with the assistance of the counsel.

3.)

Is making a waiver a personal right?

No, a third person can another person’s right provided that the latter was informed of such and that is can be done as provided in law. 4.)

Can the following waive their rights?

a. An adult person with a mind of a 14 year old.

What is the right provided in Sec. 13? Discuss. The Right to Bail.

What is Bail?

It is the security given for the release of a person in custody of law, furnished by him or a bondsman to guarantee his appearance before any court as required under conditions specified under the rules of court. 7.)

Who can post bail?

a.) As a matter of right - a person charged with an offense not punishable by reclusion perpetua, life imprisonement or death. b.) When Discretionary – the court may allow the accused to continue on provisional liberty after the same bail bond during the period to appeal subject to the consent of the bondsman. 8.) Who cannot post bail? The Right to post bail shall be denied to any person charged with a capital offense or an offense punishable by relusion perpetua, or life imprisonment or death and evidence of guilt is strong. 9.)

What is a capital offense?

An offense which under the law existing at the time of its commission and of the application for admission to bail, may be punished with death. 10.)

Differentiate Reclusion imprisonment.

Reclusion Perpetua 1. The duration is from 20 years and 1 day to


Perpetua

from

life

Life Imprisonment 1. Indefinite in duration; 2. Imposed by Special

ATTY. PE NOTES ON CONSTI 2 2015 - 2016 San Beda College - Manila 40 years; 2. Penalty imposed by the RPC; 3. It carries accessory penalties.

11.)

Can a person post bail, without a WOA?

No. it is only available to persons who are detained even before formal charges are made. 12.)

RECOGNIZANCE It is an obligation of record, entered into before some court or magistrate duly authorized to take it, with the condition to do some particular act.

What if a person is charged and convicted in violation Dangerous Drugs Law for 100 kilos of shabu, can he post bail?

No, since it is punishable by reclusion perpetua. 14.)

Can a person Proceedings?

post

bail

in

Deportation

Can a person Proceedings?

post

bail

in

Extradition

An extradite has the right to apply for bail. Provided that: a. He is in not flight-risk or a danger to the community b. There exists humanitarian and compelling circumstances 16.) What is excessive bail? A bail larger than the amount that is necessary to ensure a person will not jump bail and will appear in court. 17.)

18.)

Nature and circumstances of offense; Penalty for the offense; Character and reputation of accused; Probability of his appearance at trail Age and health of accused; Weight of evidence against him; Forfeiture of other bail; Whether he was a fugitive from justice when arrested; Pendency of other cases where he is on bail. A killed B. He was convicted of Homicide and was allowed to post bail for P100, 000. A only has 1 peso. Is that considered as excessive bail?

No, the nature of the crime which is homicide 19.)

What are the rights of the accused before trial? a.) To remain silent and to counsel; b.) To be informed thereof; c.) Not to be subjected to force, violence, threat or intimidation which vitiates free will; d.) To have evidence obtained in violation of these rights as inadmissible.

15th Meeting: March 22, 2016  ME were given and answers were explained. 1.) When is evidence of guilt considered strong?

No, as a general rule the constitutional right to bail is available only in criminal proceedings. 15.)

j.

What is Recognizance? Differentiate it from bail.

BAIL BOND It is an obligation under seal given by the accused with one or more sureties and made payable to the proper officer with the condition to be void upon performance by the accused of such acts as he may legally be required to perform. 13.)

b. c. d. e. f. g. h. i.

Laws; 3. Does not carry accessory penalties.

What are the considerations of a judge in imposing bail?

The grant or denial of bail in capital offense hinges on the strength of the evidence of guilt. This requires that the trial court to conduct bail hearings wherein both the prosecution and the defense are afforded sufficient opportunity to present their respective evidence. The burden of proof lies with the prosecution to show the evidence of guilt is strong. But the determination of whether the evidence of guilt is strong is a matter of judicial discretion. Though not absolute nor beyond control, the discretion of the trial court must be sound and exercised within reasonable grounds.

2.) In an application for bail, is a hearing required? Ex. For an offense punishable by a day, is an accused required to wait for 4 days upon the notice of hearing to post bail? Sec. 3, Rule 114 of the Rules on Criminal Procedure states that:

a. Financial ability of the accused;


ATTY. PE NOTES ON CONSTI 2 2015 - 2016 San Beda College - Manila “All persons in custody shall be admitted to bail as a matter of right, with sufficient sureties, or released on recognizance as prescribed by law or this Rule (a) before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court, and (b) before conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment.” 3.) Why is rebellion bailable, while murder is not (absorbed in rebellion)? Bail cannot be denied to a person accused of rebellion because the penalty attached thereto is prision mayor and a fine not exceeding P 20,000. It is therefore a bailable offense under Sec. 13, Art. 3 of the Constitution. (People v. Judge Donato) Case Discussed: Basco v. Rapatalo If the denial of bail is authorized in capital offenses, it is only in theory that the proof being strong, the defendant would flee, if he has the opportunity, rather than face the verdict of the court. Hence the exception to the fundamental right to be bailed should be applied in direct ratio to the extent of probability of evasion of the prosecution. In practice, bail has also been used to prevent the release of an accused who might otherwise be dangerous to society or whom the judges might not want to release.

16th Meeting: March 26, 2016 1.) In extradition proceedings can an extradite post bail? Yes. As held in Hongkong v. Olalia, the Phil. Gov’t has the obligation of ensuring the individual has the right to liberty and due process and should not deprive the extradite of his right to bail provided that certain standards are met.

a.) Accused is heard by a court of competent jurisdiction; b.) Accused us proceeded against under the orderly processes of law; c.) Accused is given notice and opportunity to be heard; d.) Judgment rendered was within the authority of constitutional law. 4.) Rihanna held in her hands a phone which she brought from her friend Nicki Minaj. She did not know that it was stolen from Beyonce. There arises a disputable presumption that Rihanna stole Beyonce’s phone, is that violative of Rihanna’s constitutional right to be presumed innocent until the contrary is proven? The presumption under the ROC establishes only a prima facie presumption, thus, giving the accused the opportunity to present evidence to rebut it. But again, this is only prima facie and rebuttable presumption of innocence. 5.) What are the rights of the accused during trial? a.)

To refuse to be witness against himself;

b.) Not to have prejudice imputed on him as a result of such refusal; c.)

To testify on his behalf;

d.) To cross-examination, while testifying to refuse questions which tend to incriminate him for some crime other than the present charge.

6.) Why are delayed trials dismissed? As Atty. Pe said, “kapag ang prosecutor humihingi ng postponements without just cause violative na yun ng right to have a speedy trial.” – Conde v. Rivera

***It can be inferred that the Phil. Gov’t has the burden of proof to prove that the extraditee met the standards****

As Justice Laurel said, the government should be the last to set an example of delay and oppression in the administration of justice. It is the moral and legal obligation of the Court to see that criminal proceedings come to an end (People vs. Calamba 63 Phil 496).

2.) What are the conditions for an Extraditee to be allowed to post bail?

7.) What are the purposes of the Right to be informed of the Nature and Cause of Accusation?

As held in US v. Puruganan, these conditions are: a.) The applicant will not be a flight risk or a danger to the community; b.) There exist special humanitarian and compelling circumstances. 3.) What are the requisites of Criminal Due Process?

a.) To furnish the accused with such a description of the charge against him as will enable him to make a defense; b.) To avail himself of his conviction or acquittal for protection against further prosecution for the same cause; c.) To inform the court of the facts alleged, so that it may decide whether they are sufficient in law to support a conviction, if one should be had.


ATTY. PE NOTES ON CONSTI 2 2015 - 2016 San Beda College - Manila Cases Discussed: Galman v. Sandiganbayan An impartial court, which is the very essence of due process of law. The People are entitled to due process which requires an impartial tribunal and an unbiased prosecutor. If the State is deprived of a fair opportunity to prosecute and convict because certain material evidence is suppressed by the prosecution and the tribunal is not impartial, then the entire proceedings would be null and void.

SEC. 4. Judgment in case of variance between allegation and proof. -- When there is variance between the offense charged in the complaint or information, and that proved or established by the evidence, and the offense as charged is included in or necessarily includes the offense proved, the accused shall be convicted of the offense proved included in that which is charged, or of the offense charged included in that which is proved. Note: It can be inferred from above that there could be a conviction even if there is a variance in the information charged.

Marquez v. COMELEC

17th Meeting: April 5, 2016

The confinement of the term “fugitive from justice” in Article 73 of the Rules and Regulations Implementing the LGC of 1991 to refer only to a person “who has been convicted by final judgment” is an inordinate and undue circumscription of the law.

1.) Could a corporate entity invoke the right to be presumed innocent until the contrary is proven?

Dumlao v. COMELEC An accusation, according to the fundamental law, is not synonymous with guilt. The challenged proviso contravenes the constitutional presumption of innocence, as a candidate is disqualified from running from public office on the ground alone that charges have been filed against him before a civil or military tribunal. It condemns before one is fully heard. In ultimate effect, except as to the degree of proof, no distinction is made between a person convicted of acts of disloyalty and one against whom charges have been filed for such acts, as both of them would be ineligible to run for public office. A person disqualified to run for public office on the ground that charges have been filed against him is virtually placed in the same category as a person already convicted of a crime with the penalty of arresto, which carries with it the accessory penalty of suspension of the right to hold office during the term of the sentence. People v. Dramayo and People v. Quitlong Conspiracy must be alleged, not just inferred in the information on which basis an accused can aptly enter his plea, a matter that is not to be confused or likened to the adequacy of evidence that may be required to prove it. People v. Pecho What determines the real nature and cause of accusation against an accused is the actual recital facts stated in the information or complaint and not the caption or preamble of the information or complaint nor the specification of the provision of the law alleged to have been violated they being conclusions of law. An incorrect caption is not a fatal mistake. Section 4, Rule 120 of the Rules of Court thus provides:

No, as held in FISL v. CA, a corporate entity has no personality to invoke the right to be presumed innocent which right is available only on an individual who is accused in a criminal case. 2.) Are all rights under Sec. 14, Art. 3 available only to natural persons? The Rights of the Accused are considered as individual rights accorded only to natural persons. 3.) What is the Equipoise Rule? When pieces of evidence of both sides are equally balanced, the constitutional presumption of innocence should tilt the scales in favor of the accused. (Corpus v. People) 4.) When is the Right to a Speedy Trial violated? As held in Conde v. Rivera, People v. Flores and Binay v. SB: a.) When the proceedings is attended by vexatious, capricious and oppressive delays; b.) When unjustified postponements of the trial are asked for and secured; c.) When without cause or justifiable motive a long period of time is allowed to elapse without the party having his case tried. 5.) Give the salient points of the Speedy Trial Act of 1998. Sec. 6. Time limit for trial. — In criminal cases involving persons charged of a crime, except those subject to the Rules on Summary Procedure, or where the penalty prescribed by law does not exceed six (6) months imprisonment, or a fine of One thousand pesos (P1,000.00) or both, irrespective of other imposable penalties, the justice


ATTY. PE NOTES ON CONSTI 2 2015 - 2016 San Beda College - Manila or judge shall, after consultation with the public prosecutor and the counsel for the accused, set the case for continuous trial on a weekly or other short-term trial calendar at the earliest possible time so as to ensure speedy trial. In no case shall the entire trial period exceed one hundred eighty (180) days from the first day of trial, except as otherwise authorized by the Chief Justice of the Supreme Court pursuant to Sec. 3, Rule 22 of the Rules of Court.

another session of the court, granted by a court in response to a motion made by a party to a lawsuit. The entry into the trial record of the adjournment of a case for the purpose of formally evidencing it.

Sec. 7. Time limit between filing of information and arraignment and between arraignment and trial. — The arraignment of an accused shall be held within thirty (30) days from the filing of the information, or from the date the accused has appeared before the justice, judge or court in which the charge is pending, whichever date last occurs. Thereafter, where a plea of not guilty is entered, the accused shall have at least fifteen (15) days to prepare for trial. Trial shall commence within thirty (30) days from arraignment as fixed by the court.

(a) Whether the failure to grant such a continuance in the proceeding would be likely to make a continuation of such proceeding impossible, or result in a miscarriage of justice.

If the accused pleads not guilty to the crime charged, he/she shall state whether he/she interposes a negative or affirmative defense. A negative defense shall require the prosecution to prove the guilt of the accused beyond reasonable doubt, while an affirmative defense may modify the order of trial and require the accused to prove such defense by clear and convincing evidence.

Sec. 8. Time limit following an order for new trial. — If the accused is to be tried again following an order of a court for a new trial, the trial shall commence within thirty (30) days from the date the order for a new trial becomes final, except that the court retrying the case may extend such period but in any case shall not exceed one hundred eighty (180) days from the date the order for a new trial becomes final if unavailability of witnesses or other factors resulting from passage of time shall make trial within thirty (30) days impractical. Sec. 9. Extended time limit. — Notwithstanding the provisions of Sec. 7 of this Act, for the first twelve-calendarmonth period following its effectivity, the time limit with respect to the period from arraignment to trial imposed by Sec. 7 of this Act shall be one hundred eighty (180) days. For the second twelve-month period the time limit shall be one hundred twenty (120) days, and for the third twelvemonth period the time limit with respect to the period from arraignment to trial shall be eighty (80) days. 6.) Give instances when the Court can grant a Continuance. Continuance - The adjournment or postponement of an action pending in a court to a later date of the same or

Sec. 11. Factors for granting continuance. — The factors, among others, which a justice or judge shall consider in determining whether to grant a continuance under subparagraph (f) of Sec. 10 of this Act are as follows:

(b) Whether the case taken as a whole is so novel, so unusual and so complex, due to the number of accused or the nature of the prosecution or otherwise, that it is unreasonable to expect adequate preparation within the periods of time established by this Act. No continuance under subparagraph (f) of Sec. 10 shall be granted because of general congestion of the court's calendar, or lack of diligent preparation or failure to obtain available witnesses on the part of the public prosecutor.

7.) What is the Totality of Circumstances Test? A totality of the circumstances standard suggests that there is no single deciding factor, that one must consider all the facts, the context, and conclude from the whole picture whether there is probable cause, or whether an alleged detention is really a detention, or whether a citizen acted under color of law. A test originally formulated to evaluate whether a defendant’s constitutional rights were violated in the eliciting of a confession. It concentrates on looking at all the circumstances surrounding the alleged violation rather than only one or two aspects, as had been the case before. It had been used as a measure of whether a defendant’s privilege against self incrimination had been violated, but since the advent of the Miranda rule (1966), that use has become obsolete. It is now used to determine whether a defendant consented to a warrantless search, and whether probable cause exists for the issuing of a search warrant.

Cases Discussed: Senador v. People Rule 110, Sec. 12 of the ROC mandates the correction of information does not warrant dismissal. In offenses against property:


ATTY. PE NOTES ON CONSTI 2 2015 - 2016 San Beda College - Manila a.) Generic – error in the designation of the offended party is a fatal and would result to acquittal. b.) Specific – error in the designation of the offended party is immaterial and would not result to a fatal mistake. People v. Tee

(b) The judge previously served as a lawyer or was a material witness in the matter in controversy;

(c) The judge, or a member of his or her family, has an economic interest in the outcome of the matter in controversy;

Delay of less than 2 months is not an unreasonable lengthy period of time. Flores v. People 15 years delay. If the proceedings itself are deferred the trial itself is necessarily delayed. People v. Teehankee Permissive publicity is not per se prejudicial to the right of an accused to a fair trial. The mere exposure of judges to publications and publicity stunts does not fatally affect their impartiality. Garcia v. Domingo Aircon trial. There is no showing that the public was excluded. The Right to a Public Trial is satisfied when the accused can have his friends, relatives and counsel present, no matter with what offense he may charged. Mateo v. Villaluz When a party subscribes before a judge an extra-judicial statement purporting to describe the manner in which an offense was committed, later on repudiated by him as a product of intimidation in the course of having to testify against petitioners, would negate that degree of objectivity required of a judge hearing the case. 18th Meeting: April 12, 2016 1.) What are the grounds for the Mandatory Inhibitions of a Judge to consider him as impartial? SEC. 5. Judges shall disqualify themselves from participating in any proceedings in which they are unable to decide the matter impartially or in which it may appear to a reasonable observer that they are unable to decide the matter impartially. Such proceedings include, but are not limited to, instances where

(a) The judge has actual bias or prejudice concerning a party or personal knowledge of disputed evidentiary facts concerning the proceedings;

(d) The judge served as executor, administrator, guardian, trustee or lawyer in the case or matter in controversy, or a former associate of the judge served as counsel during their association, or the judge or lawyer was a material witness therein;

(e) The judge’s ruling in a lower court is the subject of review;

(f) The judge is related by consanguinity or affinity to a party litigant within the sixth civil degree or to counsel within the fourth civil degree; or

(g) The judge knows that his or her spouse or child has a financial interest, as heir, legatee, creditor, fiduciary, or otherwise, in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceedings;

Sec. 1 Disqualification of Judges – No judge or judicial officer shall sit in any case in which he or his wife or child is peculiarly interested as heir, legatee, creditor or otherwise, or in which he is related to either party within the sixth degree of consanguinity or affinity or to counsel within the fourth degree, computed according to the rules of the civil law, or in which he has been executor, administrator, guardian, trustee or counsel on in which he has presided in any inferior court when his ruling or decision is the subject or review, without the written consent of all parties in interest, signed by them and entered upon the record. A judge may, in the exercise of his sound discretion, disqualify himself from sitting in a case, for just or valid reasons other than those mentioned above. 2.) What do you mean by a Public Trial? A public trial is when anyone interested in observing the manner a judge conducts may do so. Purpose: To prevent possible abuses which may be committed against the accused.


ATTY. PE NOTES ON CONSTI 2 2015 - 2016 San Beda College - Manila AP: Para yung judge di gumawa ng kalokohan. JAJAJAJA. Cases Discussed: Mateo v. Villaluz Robbery with Homicide. A party having subscribed before a judge an extra-judicial statement purporting to describe the manner in which an offense was committed, later on repudiated by him as a product of intimidation in the course of having been asked to testify against the petitioners negates the degree of objectivity required of an impartial judge. There is already partiality when a party had already taken an oath. Garcia v. Domingo The trial was held in the air-conditioned room of the judge for the convenience of the parties. There was no evidence whatsoever that the public was excluded. It suffices to satisfy the requirement of a trial being public if the accused could have his friends, relatives and counsel present, no matter with what offense he may be charged. In Re: Request for Live Radio and TV coverage Plunder case against ERAP. The rights of the accused are more important than the right of the people to have a public trial because: a. The witnesses may shy away from the stand; (Estes v. Teves – Testimony in criminal trials will be impaired on the psychological aspect of the witness) b. Cameras, lights and recording materials destructs the dignity and calm ambience of the court.

AP: Actual proof that the judge ruled against you due to publicity. People v. Holgado #tbt Kidnapping and serious illegal detention. Even though the accused pleaded guilty he is still entitled to a counsel. He was thus, deprived of due process. Four-Fold Duties of the Court as to the RTC 1. Inform the defendant that it is his right to have an attorney; 2. Ask him if he desires the aid of an attorney; 3. Assign an attorney de oficio, if he desires and is unable to procure an attorney of his own; 4. Grant him a reasonable time, if he desires to procure an attorney of his own. People v. Agbayani Rape of his daughters. Failure of the TC to inform the accused of his right to choose his own counsel and violation of his right for a two-day preparation for trial. The Court proceedings are presumed to be proper as recorded in its records. The two-day preparation for trial must be requested otherwise, he waives it. US v. Javier Stolen Carabao. Deceased witness gave a sworn statement. The Right to Confrontation is intended to prevent conviction of the accused upon depositions or ex parte affidavits and particularly to preserve the right of the accused to test the recollection of the witness in the exercise of his right to cross-examination.

Conclusion: Due Process denied to the accused Re: Petition for Radio and TV Coverage of Multiple Murder Cases Maguindanao Massacre. As GR, a court room should have enough facilities for a reasonable number of the public to observe the proceedings, not too small as to render the openness neglible and not too large as to distract the trial participants from their proper functions. However, in this case, there is great public interest, thus, the SC partially grants their request as based on guidelines given by them. People vs. Teehankee Teehankee shot Hultman, Leino and Chapman. The mere exposure of judges to publications and publicity suits does not fatally affect their impartiality. Test of Prejudicial Publicity: There must be allegation and proof that the judges have been unduly influenced and not simply that they may be by the barrage of publicity.

19th Meeting: April 16, 2016 1.) What is the difference of the rights between the Speedy Disposition of cases and Speedy Trial? Speedy Disposition of Cases Speedy Trial Covers all phases of any Covers only the trial judicial, quasi-judicial or phase of criminal cases. administrative proceedings. (Sec. 14, Art. 3) (Sec. 16, Art. 3) 2.) Discuss the Right to Compulsory Process. The accused is entitled to this right for the purpose of compelling the attendance of the witnesses and the production of evidence that he may need for his defense. Subpoena – A process directed to a person requiring him to attend and to testify at the hearing or trial of an action or at any investigation conducted under the laws of the Philippines or for taking of his deposition.


ATTY. PE NOTES ON CONSTI 2 2015 - 2016 San Beda College - Manila Kinds of Subpoenas a. Subpoena Ad Testificandum – Used to compel a person to testify b. Subpoena Duces Tecum – Used to compel the production of books, records, things or documents specified. Roco v. Contreras 5 charges for a violation of BP 22. The Right to Compulsory Process is prohibited in a general inquisitorial examination of all the books and papers of an adversary conducted with a view to ascertain whether something of value may show up or not. Test: Definiteness and Relevancy People v. Yambot The subpoenas for the witnesses were not properly served. The Court abused its discretion for deciding the case without giving the accused their right to compulsory process. This right is very essential especially in cases where the penalty is death. 3.) What are the requisites for Trial in Abstencia? a. The accused has already been arraigned; b. He has been duly notified of the trial; c. His failure to appear is unjustified.

prosecution, in order to convict one of a crime, to produce evidence showing guilt beyond a reasonable doubt and the accused cannot be called upon either by express words or acts to assist in the production of evidence. 7.) What is the scope of the Right against SelfIncrimination? Applies to testimonial compulsion and production of documents, papers and chattels in court except when books of account are to be examined in the exercise of police power and the power of taxation. When applicable? US v. Tan Teng The results of Physical Examination / bodily evidence can be used as admissible evidence in court. Villaflor v. Summers A woman accused of Adultery may be compelled to be tested for pregnancy. People v. Gallarde Taking of pictures of the accused under the mercy of the police without a counsel, being a purely mechanical act is allowed. When not applicable?

4.) When is the presence of the accused required during the trial? a. During arraignment and plea; b. During trial, for identification unless the accused has already stipulated on his identity during the pretrial. c. During the promulgation of the decision.

Samson v. Beltran

5.) Could you compel the accused to testify against himself?

Petitioner was forced to testify to incriminate himself, in full breach of his constitutional right to remain silent. It cannot be said now that he has waived his right. He did not volunteer to take the stand and in his own defense; he did not offer himself as a witness.

No, it would be violative of his constitutional right against self-incrimination enshrined in Sec. 17, Art. 3. 6.) What is the purpose of the Right against SelfIncrimination? (Basis US v. Navarro) Public Policy – If the party were required to testify, it would place the witness under the strongest temptation to commit perjury. Humanity – It would prevent the extorting of confession by duress.

A court order requiring the accused to write is incrimination.

Chavez v. CA

Pascual v. BOM The accused has a perfect right to remain silent and his silence cannot be used as a presumption of guilt. The right against Self-Incrimination enables a person to create a zone of privacy which the government may not force to surrender to his detriment.

US v. Navarro

8.) Are juridical persons protected by the right against self-incrimination?

The accused kidnapped Punsalan and did not tell his whereabouts or if they set him free. It is the duty of the

No. Only natural persons are protected. Thus, a corporation may be compelled to submit to the visitorial powers of the


ATTY. PE NOTES ON CONSTI 2 2015 - 2016 San Beda College - Manila State even if it will result in disclosure of criminal acts of the corporation.

shall constitute a bar to another prosecution for the same act.

9.) In what proceedings may the right against selfincrimination be invoked?

When a person is charged with an offense and the case is terminated either by acquittal or conviction or in any other manner without his express consent, he cannot again be charged for the same offense.

In any judicial or administrative proceeding or in any official government enquiry. 10.) Is the Right against Self-Incrimination absolute?

An accused is placed in double jeopardy if the following conditions are present:

No, there are immunity statutes that limits this right.

1. He has been previously brought to trial;

a. Transactional Immunity Statute

2. The trial court has jurisdiction over the case;

The testimony of any person or whose possession of documents or other evidence necessary or convenient to determine the truth in any investigation conducted is immune from criminal prosecution for an offense to which such compelled testimony relates.

3. The complaint or information is valid;

b. Use and Fruit Immunity Statute This statute prohibits the use of the witness’ compelled testimony and its fruits in any manner in connection with the criminal prosecution of the witness. Mapa v. Sandiganbayan An immunity statute was granted to the accused to testify against the Marcoses for corruption in New York. The accused were not able to testify against the Marcoses during the trial, since it is a special privilege they are still immuned from cases charged against them.

19th Meeting: April 19, 2016

4. The accused has been arraigned and entered a plea; 5. The accused has been convicted or acquitted or the case against him has been dismissed or otherwise terminated without his express consent; and 6. He is being charged again for the same offense. Kinds of DJ: a. DJ of punishment for the same offense. Ex. Homicide and Murder b. DJ of punishment for the same act Ex. State Law and Ordinance Law Cases Discussed: Paulin v. Gimenez Grave Threat to Brgy. Captain. For DJ to attach, the dismissal of the case must be without the express consent of the accused. In this case, the dismissal was granted upon the motion of the petitioners.

Discuss Double Jeopardy? When the accused is acquitted or convicted or the case against him is dismissed or otherwise terminated without his express consent, by a court of competent jurisdiction, upon a complaint or information or when a formal charge sufficient in form and substance to sustain a conviction and after the accused had pleaded to the charge, the conviction or acquittal of the accused or the dismissal of the case shall be a bar to another prosecution for the offense charged, or for any attempt to commit the same or frustration thereof, or for any offense which necessarily includes or is necessarily included in the offense charged in the former complaint or information. (Sec. 7, Rule 117, ROC)

Icasiano v. Sandiganbayan

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

People v. Balisacan

DJ will not attach to a criminal case (graft and corruption) because the administrative case (grave abuse of authority) was dismissed. Lejano v. People Vizconde Massacre. As a rule, a judgment of acquittal cannot be reconsidered because it places the accused on DJ. Exceptions are (1) when the court absolved the accused gravely abused its discretion resulting in loss of jurisdiction or a (2) when a mistrial has occurred.

Stabbing to death. When the accused entered a guilty plea and subsequently entered a not guilty plea because he


ATTY. PE NOTES ON CONSTI 2 2015 - 2016 San Beda College - Manila acted in self-defense. He in turned withdrew his plea. Thus, no DJ attach.

SECTION 1. The following are citizens of the Philippines:

Esmena v. Pogoy

(1) Those who are citizens of the Philippine Islands at the time of the adoption of this Constitution.

Grave co-ercion to a priest. The petitioners were placed in DJ by the provisional dismissal of the case without their consent. Melo v. People Frustrated Homicide to Consummated Homicide. One who has been charged with an offense cannot be again charged with same or identical offense though the latter be lesser or greater than the former. Bulaong v. People Rebellion and Subversion. There can be no DJ since the case for subversion is still pending in the CFI of Manila while the case for rebellion has already been decided by the CFI of Laguna adversely against the accused. People v. Adil Slight to Serious Physical Injuries. If after the first, the prosecution finds a new fact supervenes on which the defendant may be held liable, resulting in altering the character of the crime and giving rise to a new and distinct offense, the accused cannot be said to be in second jeopardy, if indicted for the new offense. People v. Relova

(2) Those born in the Philippine Islands of foreign parents who, before the adoption of this Constitution, had been elected to public office in the Philippine Islands. (3) Those whose fathers are citizens of the Philippines. (4) Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship. (5) Those who are naturalized in accordance with law. b. 1973 Constitution ARTICLE III CITIZENSHIP SECTION 1. The following are citizens of the Philippines: (1) Those who are citizens of the Philippines at the time of the adoption of this Constitution.

Municipal Ordinance v. RPC. 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.

(2) Those whose fathers or mothers are citizens of the Philippines.

Ivler v. San Pedro

(3) Those who elect Philippine citizenship pursuant to the provisions of the Constitution of nineteen hundred and thirty-five.

Reckless Imprudence. The doctrine that reckless imprudence under Article 365 is a single quasi-offense by itself and not merely a means to commit other crimes such that conviction or acquittal of such quasi-offense bars subsequent prosecution for the same quasi-offense, regardless of its various resulting acts, undergirded this Court’s unbroken chain of jurisprudence on double jeopardy as applied to Article 365. These cases uniformly barred the second prosecutions as constitutionally impermissible under the Double Jeopardy Clause

(4) Those who are naturalized in accordance with law. c. 1987 Constitution ARTICLE IV Citizenship

April 26, 2016: 20th and Last Meeting 1.) Who are Citizens of the Philippines? a. 1935 Constitution ARTICLE IV.—CITIZENSHIP

SECTION 1. The following are citizens of the Philippines: (1) Those who are citizens of the Philippines at the time of the adoption of this Constitution;


ATTY. PE NOTES ON CONSTI 2 2015 - 2016 San Beda College - Manila (2) Those whose fathers or mothers are citizens of the Philippines;

Co v. HOR

(3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and

When Ong Jr. was only 9 years of age, his father Ong Sr., became a naturalized Filipino. Thus, under Sec. 15 of the RNL, a minor then residing in the country derives the naturalization of his father. He is not required to elect Philippine Citizenship.

(4) Those who are naturalized in accordance with law.

Yu v. Santiago

2.) What is citizenship? Citizenship is a personal and more or less permanent membership in a political community. 3.) Who are the Citizens of the Philippines at the time of the adoption of this Constitution? a. Those who are citizens under the Treaty of Paris; b. Those declared citizens by judicial declaration applying the jus soli principle; c. Those who are naturalized according to law; d. Those who are citizens under the 1935 Constitution; e. Those who are citizens under the 1973 Constitution. 4.) What are the modes in acquiring citizenship? a. By Birth – jus sanguinis (blood) & jus soli (place) b. By Naturalization c. By Marriage of a woman to a foreigner whose laws automatically make the wife a citizen of his country. 5.) Can an Islam Qatari who practices polygamy be naturalized? 6.) In derivative naturalization, it vests citizenship on the wife who might herself be lawfully naturalized, can same be applicable to a naturalized wife to her husband?

Cases Discussed: Poe v. COMELEC Foundlings are natural born citizens based on circumstantial evidence, legislation (constitutional deliberations) and generally accepted principles of international law. Tecson v. COMELEC The Philippine Bill of 1902 made Filipino citizens (including FPJ’s grand father) of all inhabitants of the Philippine Islands continuing to reside in them who were Spanish subjects on April 1899 and then resided in said islands.

While, normally, the question of w/n a person has renounced his Philippine citizenship should be heard before a trial court of law in adversary proceedings, this has become unnecessary as this Court, no less, upon insistence of petitioner in using his Portuguese citizenship despite having been naturalized as Filipino citizen, had to look into the facts and satisfy itself on w/n petitioner’s claim to continued Philippine citizenship is meritorious. Republic v. Dela Rosa Frivaldo’s naturalization proceedings were flawed. Labo v. COMELEC Osmena as a holder of an Alien Certification of Registration, does not mean that he is not a Filipino, because it was unaccompanied by proof of performance of acts whereby Philippine Citizenship had been lost is not adequate proof of loss of citizenship. There must be an express renunciation. Aznar v. COMELEC By virtue of being a son of a Filipino father or mother, the presumption is that he is Filipino and remains Filipino until proof is shown that he has renounced or lost Philippine citizenship. Possession of an alien registration certificate accompanied by proof of performance of acts whereby Philippine citizenship is lost is not adequate proof of loss of citizenship. Mercado v. Manzano By declaring in his COC, that he is a Filipino citizen, that he is not a permanent resident or immigrant of another country, that he will defend and support the Constitution. Manzano has effectively repudiated his US citizenship. In Re: Application for admission to the Bar of Vicente Ching A legitimate child born under the 1935 Constitution of a Filipino mother and an alien father cannot validly elect Philippine Citizenship 14 years after he has reached the age of majority. Bengzon III v. HRET Repatriation results in the recovery of the original nationality. Since Cruz repatriated, it allows him to recover


ATTY. PE NOTES ON CONSTI 2 2015 - 2016 San Beda College - Manila or return to his original status before he lost his Philippine Citizenship. Mo Yao Lim v. COI Under Sec. 15 of CA 473, an alien woman marrying a Filipino, native born or naturalized becomes ipso facto a Filipino provided the she is not disqualified to be a citizen of the Philippines. Republic v. Lim By being an illegitimate child of a Filipino mother, Lim automatically became a Filipino upon birth and as such, there was no more need for her to validly elect Filipino citizenship upon reaching the age of majority. (1935 Consti)

Altajeros v. COMELEC Altajeros took his Oath of Allegiance in 1997 but submitted his Certificate of Repatriation in 2004. He is considered as a Filipino Citizen since his application (retroacts) otherwise he will be stateless. Arnando v. COMELEC Arnando continued to use his US Passport after his affidavit of renunciation of US Citizenship, such act is violative of RA 9225 which mandates its applicants to make a personal and sworn renunciation of all foreign citizenships before any public officer authorized to administer oaths.


Atty. Laurie Pe Notes on Consti 2

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