Clarence TIU - Consti 2 Notes (last edit-jan2018 ) PDF

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CONSTITUTIONALLAW IICODALNOTES ON FR. BERNAS’ PRIMER ON THE 1987 CONSTITUTIONNOTES ON PROF. NACHURA’S POLITICAL LAW REVIEWERJURISPRUDENCE BASED ON DEAN CANDELARIA’S SYLLABUSJURISPRUDENCE BASED ON PROF. JACK JIMENEZ’S SYLLABUSIT BEGINS WITH FAITH & CONVICTION, PERSEVERES WITH HARD WORK &a...

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CONSTITUTIONAL LAW II

CODAL NOTES ON FR. BERNAS’ PRIMER ON THE 1987 CONSTITUTION NOTES ON PROF. NACHURA’S POLITICAL LAW REVIEWER JURISPRUDENCE BASED ON DEAN CANDELARIA’S SYLLABUS JURISPRUDENCE BASED ON PROF. JACK JIMENEZ’S SYLLABUS

IT

BEGINS WITH FAITH

&

CONVICTION, PERSEVERES WITH HARD WORK

&

DISCIPLINE, AND

ENDS WITH AN IMPASSIONED TRIUMPH WITHIN, WHEN WE REALIZE THAT WE CAN DO ANYTHING

[SEE EPH. 3:20]

#EMBRACETHEGRIND

TABLE OF CONTENTS

ARTICLE 3 — BILL OF RIGHTS

3

BILL OF RIGHTS IN GENERAL

3

RIGHT TO DUE PROCESS

5

RIGHT TO EQUAL PROTECTION

13

RIGHT AGAINST UNREASONABLE SEARCHES AND SEIZURES

16

RIGHT TO PRIVACY OF COMMUNICATION AND CORRESPONDENCE

35

RIGHT TO FREEDOM OF SPEECH, OF THE PRESS AND THE RIGHT TO PEACEABLE ASSEMBLY AND PETITION

36

RIGHT TO FREEDOM OF RELIGION

51

LIBERTY OF ABODE; RIGHT TO TRAVEL

57

RIGHT TO INFORMATION ON MATTERS OF PUBLIC CONCERN

57

FREEDOM OF ASSOCIATION

60

LIMITATIONS ON THE POWER OF EMINENT DOMAIN

62

RIGHT AGAINST NON-IMPAIRMENT OF CONTRACTS

70

RIGHT OF FREE ACCESS TO COURTS, QUASI-JUDICIAL BODIES, AND LEGAL ASSISTANCE

71

RIGHTS OF PERSONS IN CUSTODIAL INVESTIGATIONS

71

RIGHTS OF THE ACCUSED IN CRIMINAL CASES

74

RIGHT TO SPEEDY DISPOSITION OF CASES

84

OVERVIEW OF THE SPECIAL WRITS

85

WRIT OF HABEAS CORPUS

86

WRIT OF AMPARO

88

WRIT OF HABEAS DATA

91

WRIT OF KALIKASAN

93

RIGHTS AGAINST INVOLUNTARY SERVITUDE

94

LIMITATIONS ON THE ENACTMENT OF PENAL LAWS

94

ARTICLE 4 — CITIZENSHIP

97

WHO ARE PHILIPPINE CITIZENS

97

NATURAL-BORN PHILIPPINE CITIZENSHIP

99

NATURALIZATION

100

LOSS AND RE-ACQUISITION OF PHILIPPINE CITIZENSHIP

104

DUAL ALLEGIANCE AND DUAL CITIZENSHIP

107

ARTICLE 5 — SUFFRAGE

109

THE RIGHT OF SUFFRAGE

109

CONSTITUTIONAL MANDATES ON CONGRESS REGARDING SUFFRAGE

111

ARTICLE 13 — SOCIAL JUSTICE AND HUMAN RIGHTS

113

SOCIAL JUSTICE AND HUMAN RIGHTS

113

LABOR

113

AGRARIAN AND NATURAL RESOURCES REFORM

114

URBAN LAND REFORM AND HOUSING

118

HEALTH

120

WOMEN

120

ROLE AND RIGHTS OF PEOPLE'S ORGANIZATIONS

120

HUMAN RIGHTS

120

ARTICLE 14 — EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS 123 EDUCATION

123

LANGUAGE

129

SCIENCE AND TECHNOLOGY

129

ARTS AND CULTURE

130

SPORTS

130

ARTICLE 15 — THE FAMILY

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ARTICLE 3 — BILL OF RIGHTS

ARTICLE 3 — BILL OF RIGHTS BILL OF RIGHTS IN GENERAL SIGNIFICANCE OF THE BILL OF RIGHTS ‣

What is the “Bill of Rights”? What is its importance? ‣

BERNAS — Government is powerful. When unlimited, it becomes tyrannical. The Bill of Rights is a guarantee that there are certain areas of a person's life, liberty, and property which governmental power may not touch. The Bill of Rights limits all the powers of government."

‣

It is the set of prescriptions setting forth the fundamental civil and political rights of the individual, and imposing limitations on the powers of government as a means of securing the enjoyment of those rights. The Bill of Rights is designed to preserve the ideals of liberty, equality and security “against the assaults of opportunism, the expediency of the passing hour, the erosion of small encroachments, and the scorn and derision of those who have no patience with general principles. (PBM Employees Organization v. Philippine Blooming Mills)

‣ ‣

NACHURA — Generally, any governmental action in violation of the Bill of Rights is void. These provisions are also generally self-executing."

What rights are protected by the Bill of Rights? 1. Civil Rights — Those rights that belong to every citizen of the state or country, or, in a wider sense, to all its inhabitants, and are not connected with the organization or administration of government. They include the rights to property, marriage, equal protection of the laws, freedom of contract, etc.. They are rights appertaining to a person by virtue of his citizenship in a state or community. Such term may also refer, in its general sense, to rights capable of being enforced or redressed in a civil action." 2. Political Rights — They refer to the right to participate, directly or indirectly, in the establishment or administration of government, e.g., the right of suffrage, the right to hold public office, the right to petition and, in general the rights appurtenant to citizenship vis-a-vis the management of government " ‣

‣

In very general terms, the bill of rights protect the right to life, liberty and property. All other rights derogate from these general rights."

What if the Bill of Rights is suspended (such as during the People Power Revolution when the Constitution was suspended) what will protect our civil and political rights? ‣

The International Covenant on Civil and Political Rights (ICCP) and the Universal Declaration of Human Rights (UDHR) which the State must observe even during the ineffectively of the Constitution.

‣

SEE — Republic v. Sandiganbayan, G.R. No. 104768, July 21, 2003 ‣

In this case, the Supreme Court held that the Bill of Rights under the 1973 Constitution was not operative from the actual and effective take-over of power by the revolutionary government following the EDSA revolution until the adoption, on March 24, 1986, of the Provisional (Freedom) Constitution. During this period, the directives and orders of the revolutionary government were the supreme law, because no constitution limited the extent and scope of such directives and orders. Thus, during the interregnum, a person could not invoke any exclusionary right under the Bill of Rights, because there was neither a constitution nor a Bill of Rights at the time. However, the protection accorded to individuals under the International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights remained in effect during the interregnum."

THREE INHERENT POWERS OF GOVERNMENT ‣ The totality of governmental power is contained in three great and inherent powers of the State — " 1.

Police power"

2.

Power of eminent domain"

3.

Power of taxation"

‣

They are inherent because they belong to the very essence of government and without them no government can exist."

‣

The constitution can only define and delimit them and allocate their exercise among various government agencies, it does not grant them."

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ARTICLE 3 — BILL OF RIGHTS NOTE — It is important to distinguish what kind of governmental power is being exercised by the State as different limitations and rules are imposed on each of them."

‣

Who wields and exercises these power? ‣

‣

‣

The national government, through the legislative department, exercises these powers, but they are also delegated, within limits, to local governments."

What are the common characteristics of these three inherent powers? 1.

Inherent in the State, exercised even without need of express constitutional grant."

2.

Necessary and indispensable; State cannot be effective without them."

3.

Methods by which State interferes with private property."

4.

Exercised primarily by the Legislature."

What are some distinctions between these three inherent powers? ‣

Police power regulates both liberty and property; eminent domain and taxation affect only property rights."

‣

Police power and taxation are exercised only by government; eminent domain may be exercised by private entities."

‣

Property taken in police power is usually noxious or intended for a noxious purpose and may thus be destroyed; while in eminent domain and taxation, the property is wholesome and devoted to public use or purpose."

‣

Compensation in police power is the intangible, altruistic feeling that the individual has contributed to the public good; in eminent domain, it is the full and fair equivalent of the property taken; while in taxation, it is the protection given and/or public improvements instituted by government for the taxes paid."

POLICE POWER ‣

‣

‣

What is Police Power? ‣

Police power has been characterized as "the most essential, insistent and the least limitable of powers, extending as it does to all the great public needs." Negatively, it has been defined as "that inherent and plenary power in the State which enables it to prohibit all that is hurtful to the comfort, safely, and welfare of society." (Ermita-Malate Hotel and Motel Operators Association Inc. v. Mayor of Manila 1967)

‣

It is essentially government regulation of private activities for the public good."

‣

It is the limitation and restriction of public rights for the general welfare."

‣

It is power of the legislature to regulate and restrain such particular use of the property as would be inconsistent with or injurious to the rights of the public. Under the Police Power of the State, all persons and property may be subjected to all kinds of restraints and burdens, in order to secure the general comfort, health, and prosperity of the State. (US vs Toribio)

‣

Under this power, the State may prescribe such regulations as in its judgment will secure or tend to secure the general welfare of the people, to protect them against the consequences of ignorance and incapacity as well as of deception and fraud. (People vs Ventura)

‣

The State, in the exercise of its police power, can prescribe regulations to promote the health, morals, peace, good order, safety, and general welfare of the people. It can prohibit all things hurtful to comfort, safety, and welfare of society. It can also regulate property rights. (Taxicab Operators vs Board of Transportation)

What is the scope of Police Power? ‣

It pertains to any measure intended to promote, the health, peace, morals, education and good order of the people or to increase the industries of the state, develop its resources and add to its wealth and prosperity is a legitimate exercise of the police power, and unless shown to be whimsical or capricious as to unduly interfere with the rights of an individual, the same must be upheld. (People vs Cayat)

‣

Police power rests upon public necessity and upon the right of the State and of the public to self-protection. For this reason, its scope expands and contracts with changing needs. (Churchill v. Rafferty 1915)"

Examples of the valid exercise of Police Power — ‣

A law prohibiting and penalising gambling (Magtajas v. Price Properties 1994)

‣

A law ordering the closure of commercial blood banks (Beltran v. Secretary of Health 2005)

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ARTICLE 3 — BILL OF RIGHTS Regulation of legislative franchises. Franchises are subject to police power and the mandatory rule is not a form of taking but a form of police power regulation. (ABS-CBN Broadcasting Corporation v. PMSI 2009)

‣

A law limiting deployment of overseas workers to skilled workers. (Executive Secretary v. CA 2004)

RIGHT TO DUE PROCESS

Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. ARTICLE 2 — DECLARATION OF PRINCIPLES AND STATE POLICIES Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy. Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all. Section 11. The State values the dignity of every human person and guarantees full respect for human rights.

RIGHTS PROTECTED BY THE DUE PROCESS CLAUSE 1.

RIGHT TO LIFE AND LIBERTY ‣

The constitutional protection of the right to life is not just a protection of the right to be alive or to the security of one's limb against physical harm. The right to life is the right to a good life. "

‣

The emphasis on the quality of living is found in Article 2 where it commands the State to promote a life of "dignity" and guarantees "a rising standard of living”, and “improved quality of life” for all."

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“Life” — includes the right of an individual to his body in its completeness, free from dismemberment, and extends to the use of God-given faculties which make life enjoyable.

‣

“Liberty” — includes “the right to exist and the right to be free from arbitrary personal restraint or servitude, it includes the right of the citizen to be free to use his faculties in all lawful ways. (Rubi v. Provincial Board of Mindoro)"

‣

“Life and liberty” Includes the following rights — " a.

Right to health"

b.

Right to privacy"

c.

Right to Security" ‣

2.

While the right to life under Art. 3, Sec. 1 of the Constitution guarantees essentially the right to be alive, upon which the enjoyment of all other rights is preconditioned, the right to security of a person is a guarantee of the secure quality of this life. The life to which each person has a right is not a life lived in fear that his person and property may be unreasonably violated by a powerful ruler, rather it is a life lived with the assurance that the government he established and consented to, will protect the security of his person and property. The right to security covers — (1) Freedom from Fear (2) Guarantee of Bodily and Psychological Integrity or Security (3) Guarantee of Protection of one’s right by the Government. (Sec. of National Defense vs Manalo 2008)"

d.

Right to dignity"

e.

Freedom of expression and speech"

f.

Freedom of assembly"

RIGHT TO PROPERTY ‣

Property — is anything that can come under the right of ownership and be the subject of contract. It represents more than the things a person owns; it includes the right to secure, use and dispose of them." ‣

‣

NOTE — Under the Civil Code, anything which may be subject of appropriation is considered property."

Protected property includes — "

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ARTICLE 3 — BILL OF RIGHTS All kinds of property rights

a. ‣

This includes Real and Personal Property, whether tangible and intangible, and other property rights as defined under the Civil Code"

‣

Includes rights arising from contracts. Thus, the non-impairment clause under Art. 3, Sec. 10 is really a reiteration of substantive due process and is subject to the same scrutiny." Vested rights

b. ‣

Right to Employment (the right to work and the right to earn a living)

c. ‣

‣

‣

An order of preventive suspension without opportunity for hearing at all violates property right. (Crespo v. Provincial Board 1988) Right to exercise a Profession

d.

‣

Such as a perfected mining claim, or a perfected homestead, or a final judgment"

Pilotage, as a profession, has taken on the nature of a property right. Only duly licensed individuals may practice pilotage, just like other professions. Their license is granted in the form of an appointment that allows them to engage in pilotage until they retire at the age 70 years. This is a vested right. (Corona v. United Harbor Pilots Association of the Phils)"

Protected property does NOT include mere privileges granted by the State, such as — ‣

A license to operate a cockpit is not considered protected properly. It is deemed merely a privilege withdrawable when public interest require its withdrawal."

‣

A certificate of public convenience granted to public utilities confers no property right"

‣

A mining license that contravenes a mandatory provision of law under which it is granted is void. Being a mere privilege, a license does not vest absolute rights in the holder. Thus, without offending the due process and the non- impairment clauses of the Constitution, it can be revoked by the State in the public interest. (Republic v. Rosemoor Mining & Development Corporation 2004)

‣

The license to carry a firearm is neither a property nor a property right. Neither does it create a vested right. A permit to carry a firearm outside one’s residence may be revoked at any time. Even if it were a property right, it cannot be considered as absolute as to be placed beyond the reach of police power. (Chavez v. Romulo)"

‣

BUT — Exceptionally, a mere privilege, however, may evolve into some form of property right protected by due process, as for instance when a privilege, in this case an export quota, has been enjoyed for so long, has been the subject of substantial investment and has become the source of employment for thousands. (American InterFashion Corporation v. Office of the President 1991)

Is the right to a “Public Office” property? ‣

NO. Public office is not property; but one unlawfully ousted from it may institute an action to recover the same, flowing from the de jure officer’s right to office. (Nunez v. Averia) While public office is not property to which one may acquire a vested right, it is nevertheless a protected right (Bince v. Comelec)

H IERARCHY OF PROTECTED RIGHTS ‣

RULE — THE RIGHT TO LIFE AND LIBERTY IS MORE IMPORTANT THAN THE RIGHT TO PROPERTY ‣

SEE — Philippine Blooming Mills Employees Organization vs PBMC, 50 SCRA 189,202-3 (1973) ‣

The right to l...