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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.
POLICE POWER
-Police Power rests upon public necessity and upon the right of the state and of the public to
self-protection. Its scope expands and contracts with changing needs. Churchill v. Rafferty, 1915
RIGHT TO LIFE LIBERTY AND PROPERTY
-The right to guard trade secrets, manufacturing formulas, strategies and information from
competitors within reasonable necessity is valid. Duncan Association of Employees. Glaxo
Wellcome
PROPERTY
A law that orders discontinuance of a pension of a retired military officer if he becomes a US
citizen, is not violative to the equal protection clause. Parreno v. COA
DUE PROCESS
Publication of laws and decrees and executive orders promulgated by the President as directly
conferred by the constitution. Administrative rules and regulations must be published as well.
Republic v. Pilipinas shell, 2008
PROCEDURAL DUE PROCESS
A person who is charged with administrative case is not entitled to be informed of the findings
and recommendations of an investigating committee. Only the administrative decision based on
substantive evidence made of record, and reasonable opportunity to meet the charges and the
evidence against him. Pefianco v. Moral, 2000
SUBSTANTIVE DUE PROCESS
If within the general welfare clause, for the protection of morals, police exercise is valid, but if
violative of the right to property, is invalid. White light corp. v City of manila, 2009
EQUAL PROTECTION
Issue on invalid classification or valid one that is reasonable. If it surves valid purpose such as to
equalize opportunity between rich and poor. The principle of Equal pay for Equal work requires
that persons who work with equal qualifications, skills, effort should be paid similar salaries. Intl
School Alliance of Educators v. Quisumbing, 2000
Section 2. The right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures of whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to
be determined personally by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly describing the place to be
searched and the persons or things to be seized.
Warrantless search of a moving vehicle, so long it has a probable cause. Valmonte v.General de
Villa, 1990
Checkpoints are not illegal, where the survival of organized government is on the balance,
where lives and safety of the people are in peril.
PROBABLE CAUSE
To establish probable cause of illegal possession of firearms the witness must have personal
knowledge of the existence of the firearms and of the absence of license for such firearms.
Betoy v. Judge, 2006
A mere conclusion of law is not considered a probable cause. Corro v. Lising, 1985

Anonymous caller tipped the police. Invalid search and seizure. The state protects the privacy
and sanctity of the person against unlawful arrests and other forms of restraint. People v.
Bolasa, 1999
Only judge may issue a search warrant. Republic v. Sandiganbayan, 1996
The judge must look at the report, affidavits, and other supporting documents of the prosecutor.
Lim v. Felix
A search warrant may be said to particularly describe the things to be seized when the
description therein is as specific as the circumstances will ordinarily allow and by which the
warrant officer may be guided in making the search and seizure. Bache & Co. v. Ruiz, 1971
A john doe is valid provided it contains a desctiptio personae such as to enable the officer to
identify the accused. People v. Veloso, 1925
WARRANTLESS ARREST
Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon
lawful order of the court, or when public safety or order requires otherwise, as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for
any purpose in any proceeding.
INTRUSION
Upon lawful order of the court or when public safety or order requires otherwise as prescribed
by law.
Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the
press, or the right of the people peaceably to assemble and petition the government for redress
of grievances.
Comelec regulation of time, content of broadcast media, and space in the papers is not violative
since the act is paramount to public welfare and interest. National Press Club v. COMELEC, 1992
If it doesnt present clear and present danger to government, an act is invalid. Adiong v.
COMELEC, 1992
Regulation of Exit Polls: tendency to confuse. No present clear and present danger therefore
invalid. ABS-CBN V. COMELEC, 2000
COMMERCIAL SPEECH
Commercial speech be protected if it is not false or misleading and is not an illegal transaction
It can be regulated if: Central Hudson Gas and Electric Corp. v. Public Service Commission of NY,
1980
Pharmaceutical v. Sec of Health, 2007
1. If government has substantial interest to protect
2. the regulation directly advances that interest
3. it is more extensive than is necessary to protect that interest.
LIBEL when is defamatory imputation malicious?
There is malice when the author of the imputation is prompted by ill-will or spite and
speaks not in response to duty but merely to injure the reputation of the person who claim to
have been defamed. Alonzo v. CA, 1995

Exceptions: Privileged communications.


1. made in the performance of any legal, moral or social duty
2. made in good faith without any comments or remarks of any juridical, legislative or official
proceedings which are not confidential in nature.

Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free
exercise thereof. The free exercise and enjoyment of religious profession and worship, without
discrimination or preference, shall forever be allowed. No religious test shall be required for the
exercise of civil or political rights.
Section 6. The liberty of abode and of changing the same within the limits prescribed by law
shall not be impaired except upon lawful order of the court. Neither shall the right to travel be
impaired except in the interest of national security, public safety, or public health, as may be
provided by law.
Section 7. The right of the people to information on matters of public concern shall be
recognized. Access to official records, and to documents and papers pertaining to official acts,
transactions, or decisions, as well as to government research data used as basis for policy
development, shall be afforded the citizen, subject to such limitations as may be provided by
law.
Section 8. The right of the people, including those employed in the public and private sectors, to
form unions, associations, or societies for purposes not contrary to law shall not be abridged.
Section 9. Private property shall not be taken for public use without just compensation.
Section 10. No law impairing the obligation of contracts shall be passed.
Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance
shall not be denied to any person by reason of poverty.

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