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Bill of Rights
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.
Overbreadth Doctrine
B. Subsequent punishment
Tests of valid governmental interference:
1 ) Clear and present danger rule
Whether the words are used in such circumstances and
of such nature as to create a clear and present danger
that they will bring about the substantive evils that the
State has the right to prevent.
o Traceable to ideas expressed
o Present
Time element.
o Clear
Causal connection between danger
and the utterance
o Danger
3)
2)
2 Guarantees:
1) Non- establishment
2) Freedom of Religion
A. Non-establishment of religion
The State cannot set up a church nor pass laws which aid one
religion, all or prefer one over another, nor force or influence a
person to go or remain away from church against his will or
force him to profess a belief or disbelief in any religion
B. Free exercise of religion
Aspects of freedom of religious profession and worship:
1) Right to believe
Absolute.
2) Right to act according to ones beliefs
S ubject to regulation
Benevolent neutrality
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 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.
Scope: The right to form, or join, unions or associations, includes:
1) Right not to join; or
2) If one is already a member, the right to disaffiliate from the
association.
A. Government employees
B. Public use
Section 9. Private property shall not be taken for public use without just
compensation.
C. Just compensation
D. Judicial review
A. Elements of "taking"
Requisites for exercise of the power of eminent domain:
1. Necessity.
2. Private property.
3. Taking in the constitutional sense.
May include:
a) Trespass without actual eviction of the owner;
b) Material impairment of the value of the
property; or
c) Prevention of the ordinary uses for which the
property was intended.
Requisites for valid taking:
1) Expropriator must enter a private property;
2) Entry must be for more than a momentary period;
3) Entry must be under warrant or color of authority;
4) Property must be devoted to public use or
otherwise informally appropriated or injuriously
affected; and
5) Utilization of the property must be in such a way
as to oust the owner and deprive him of
beneficial enjoyment of the property.
4.
5.
Limitations:
1) Police Power
o
Reason: Public welfare is superior to
private rights.
2) Eminent Domain
3) Taxation
Public use
Just compensation
6.
Section 12.
(1)
(2)
(3)
(4)
Exclusionary rule
Confession
Res Gestae
In-custody investigation
The signing of the accused of the booking sheet and arrest report
is not a part of custodial investigation.
o
I t is no more than a record of arrest and a statement on
how the arrest was made.
D. Right to counsel
Section 13. All persons, except those charged with offenses punishable
by reclusion perpetua when evidence of guilt is strong, shall, before
conviction, be bailable by sufficient sureties, or be released on
recognizance as may be provided by law. The right to bail shall not be
impaired even when the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required.
Bail
2)
1)
Upon
conviction
by the
B.
The failure of the accused to call the attention of the trial court to
the unresolved petition for bail is deemed a waiver of the right to
bail.
C. Excessive bail
Section 14.
(1)
(2)
A. Military tribunals
B. Due process
Circumstantial evidence
I n order that circumstantial
evidence may warrant
conviction, the following requisites must concur:
1) There is more than one circumstance;
2) The facts from which the inferences are derived
are proven;
3) The combination of all the circumstances is such
as to produce a conviction beyond reasonable
doubt.
Equipoise rule
A pplies only where the evidence adduced by the parties are
evenly balanced, in which case, the constitutional presumption of
innocence should title the scales in favor of the accused.
D. Right to counsel
C. Presumption of innocence
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F.
Interests
1)
2)
3)
Compulsory Process
Section 15. The privilege of the writ of habeas corpus shall not be
suspended except in cases of invasion or rebellion, when the public safety
requires it.
Confrontation
The writ will not issue where the person alleged to be restrained of
liberty is in the custody of an officer under a process issued by the
court which has jurisdiction to do so.
The suspension of the privilege of the writ shall apply only to persons
judicially charged for rebellion or offenses inherent in or directly
connected with invasion.
During the suspension of the privilege of the writ, any person thus
arrested or detained shall be judicially charged within three days,
otherwise he shall be released.
Procedure: There is need to comply with the writ (officer), disobedience thereof
constitutes contempt of court.
Ground for suspension of the writ of habeas corpus: In case of invasion or
rebellion, the President may for a period not exceeding 60 days suspend
the privilege of the writ of habeas corpus.
Article VII
THE EXECUTIVE DEPARTMENT
Section 18. The President shall be the Commander-in-Chief of all
armed forces of the Philippines and whenever it becomes necessary,
he may call out such armed forces to prevent or suppress lawless
violence, invasion or rebellion. In case of invasion or rebellion, when
the public safety requires it, he may, for a period not exceeding sixty
days, suspend the privilege of the writ of habeas corpus or place the
Philippines or any part thereof under martial law. Within forty-eight
hours from the proclamation of martial law or the suspension of the
privilege of the writ of habeas corpus, the President shall submit a
report in person or in writing to the Congress. The Congress, voting
jointly, by a vote of at least a majority of all its Members in regular or
special session, may revoke such proclamation or suspension, which
revocation shall not be set aside by the President. Upon the initiative
of the President, the Congress may, in the same manner, extend such
proclamation or suspension for a period to be determined by the
Congress, if the invasion or rebellion shall persist and public safety
requires it.
The Congress, if not in session, shall, within twenty-four hours
following such proclamation or suspension, convene in accordance
with its rules without need of a call.
The Supreme Court may review, in an appropriate proceeding filed by
any citizen, the sufficiency of the factual basis of the proclamation of
martial law or the suspension of the privilege of the writ or the
extension thereof, and must promulgate its decision thereon within
thirty days from its filing.
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