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CONSTITUTIONAL LAW II: HILBAY


Concept What was this about again? Doctrine/Test? /Test
Seditious Speech (14)
U.S. v. Dorr, 2 Fred Dorr charged for circulating scurrilous libel Government vs Administration
Phil. 332 against the US and Insular Government after - Government: aggregate of institutions which rule a society, abstract sense of a
(1903) publishing an editorial questioning Civil Commission political system
appointments. - Administration: in whose hands the reins of government are for the time being
- “protectorate of men”
- “foolish work of reinstating insurgents and rogues” The substantive offense of Act 292 is the attack upon the lawfully established form of
- “men corrupt and rascals of no personal character” government. The publication in question is about the character of the men entrusted
with administration of the government by impugning their motives and integrity.

No apparent seditious tendency to produce disaffection or disloyalty to the
government.
U.S. v. Abad, 6 Juan Abad charged for seditious tendency for the The symbolism of the drama does not constitute seditious speech.
Phil. 360 Tagalog drama “Tanikalang Ginto” with a story
(1906) allegedly intending to represent the US-Philippine The public did not understand or interpret the meaning of the play as such. The
relations and using names of characters relating to masses of people who attended were glad to see it for its dramatic value but unclear
independence. that they appreciated it for its real significance.
The authorities in Manila (Division of Information) examined it and returned it the
next day with authority to present it in Batangas.

SIR: The Court focused on its impact on the subjects, not on the theoretical meaning of
the drama and made a purely subjective judgment on the lack of sophistication of the
masses.
U.S. v. Defendants were convicted for sedition for assembling Mere disorder is not seditious. Assembly was merely a petition for the removal of
Apurado, 7 Phil. near the council chamber to demand the dismissal of municipal officials with no intention to commit a breach of peace
422 (1907) treasurer, secretary and chief of police of the - Reports that the mass was fairly orderly and well-behaved
municipality for allegiance to one of the religious - Use of canes not enough to constitute a tumultuous uprising since not of
factions. unusual number and were merely carried by old men

The crime of sedition cannot abridge the 1) Freedom of Speech; 2) Right of Peaceful
Assembly to Petition for Redress or Grievances
U.S. v. Cabola, Defendants charged with conspiracy to destroy the Revolutionary and seditious speech
16 Phil. 657 government. Through blood compact, members
(1909) organized Katipunan Society with the goal of Results or the ability to win, because of the speech, is not a consideration.
establishing military government in six zones in Mere membership is punished because otherwise, at what point is the Government
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Pangasinan. Cabola, their leader, delivered a speech allowed to step in?


resolving to construct in an isolated place a shelter of
25,000 soldiers who would be furnished with guns and
ammunition from the Japanese.
U.S. v. Perfecto was the editor of La Nacion and he released Perfecto was charged with violation of Art 256 of SPC but this is no longer in force
Perfecto, 43 Phil. an article after the Senate Special Session reporting - “ Any person who by writing shall defame, abuse or insult any minister of the
887 (1922) the loss of documents re the oil companies’ crown”
investigation.
- That every investigation would be but a mere Art 256 has been repealed by Philippine Libel Law by necessary implication
comedy - Libel as malicious defamation in print, tended to blacken the memory or
- That the robber of the records follows the impeach the virtue and reputation thereby exposing him to public hatred or
example of certain senators who secured contempt
their election through fraud and robbery - Requires that a body of persons be definite or small enough for individual
members to be recognized (in this case, senators were not named; senate as
an institution was referred to)
Espuelas v. Espuelas had his picture taken to make it appear that The article was considered seditious speech.
People, 90 Phil. 524 he was hanging lifeless by a rope from the limb of a - Revealed tendency to produce dissatisfaction or disloyalty to Government
(1951) tree. He left a “suicide note” and sent copies of these - Tended to overthrow or undermine the security of government and weaken
to local and international newspapers. He did it the confidence of the people
because he was not pleased with the Roxas - Intent to produce illegal action by simulating suicide and a false claim to
administration, which was infected with Hitlers and martyrdom by accusing the government of dirtiness and dictatorship without
Mossolinis. He was charged with publication of particularizing claims.
scurrilous libel. - The letter suggested the decapitation or assassination of Roxas officials (SIR:
mere figure of speech?)

Freedom of Speech: privilege of any citizen to criticize government officials
- To submit it in the free trade of ideas and have it accepted by the market
- Should be specific, constructive, reasoned and not contemptuous of the
entire government make-up
People v. Nabong convicted of sedition. In a funeral of one of The speech was seditious.
Nabong, 57 Phil. the communist leaders, the red flag was seized and his - Language clearly imported the overthrow of government using violence
455 (1932) former client was arrested. After, he also delivered a - “Use of the whip” expression was inducement to resist and using violence
20-minute speech saying that the seizing of the flag against constabulary forces
was a real abuse and that “they must overthrow the
present government and establish the government of In Sedition, it is not necessary that words used should result in a rising of the people.
the poor through the use of whips” - Purpose is to punish utterances which may endanger public peace and national
security.
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- Danger remains real and substantial because effect cannot be accurately foreseen.

Right of Speech: does not confer absolute, unbridled, unrestricted license that gives
immunity to every possible use of the language.
People v. Defendants charged with sedition for parade to be Seditious conduct.
Evangelista, G.R. held by communists of Caloocan. The leader raised his - Held months after inauguration of the Communist party
No. 36275, 26 fist and shouted “Mabuhay” and “The big ones are - Force had to be used to enforce the law
October 1932. persecuting and oppressing us who are small” - There was inducement to fight, actual fight and resistance against authority
- Practical expression of repeated instigations to overthrow the government
Schenck v. Schenck charged with conspiracy to violate the Circulars were seditious, therefore not protected by the First Amendment.
United States, 249 Espionage Act
U.S. 47 (1919) - Causing insubordination in the military Clear and Present Danger Test:
- Obstructing the recruiting and enlistment - Whether the words used in such circumstances are of such nature to create
service when US was at war with Germany a clear and present danger that they will bring about the substantive evils,
- Printing and circulating document and using the congress has a right to prevent.
the mails to transmit such matter - Content and Context

He sent leaflets and circulars claiming that Context of War
“conscription in the military was despotism and a - There is liability for words that produce the effect of creating an actual
monstrous wrong against humanity in the interest of obstruction to the recruitment service.
Wallstreet”. - The act of circulating the paper, the tendency and intent which it was done
for, and not the success alone that warrants the crime.
Abrams v. Defendants who were Russian educated rebels Holmes Dissent:
United States, 250 charged with conspiracy to violate the Espionage Act - Speech may only be constitutionally punished if it produces or intends to
U.S. 616 (1919) when US War with Germany for printing leaflets and produce clear and present danger. Such power is greater at times of war
Holmes, dissenting. circulars because war opens dangers that do not exist at other times.
- “Workers Wake Up” - But the surreptitious publishing of a “silly leaflet” by an unknown man will
- “Hypocrisy of the US and its Allies” not hinder the government arms. (poor and puny anonimities)
- The only limitation to freedom of speech should be the power of thought to
Abrams convicted, no protection by the First get itself accepted in the “marketplace of ideas”
Amendment - The protection of free speech does not protect a man from falsely shouting
- Even if the primary purpose was to aid the fire in a theatre causing a panic.
cause of the Russian revolution, the plan of
action necessarily involved the defeat of the SIR: But pamphleting and leafleting are the most traditional, peaceful forms of speech.
US war program No compulsion to read what more to accept the message contained therein.
- Change not by candid discussion but to
create an attempt to defeat the war through
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a revolution (general strike and arrest of


production of ammunitions)
Gitlow v. New Gitlow convicted of criminal anarchy for advocating, Statute does not penalize the utterance of abstract doctrines or philosophical ideas
York, 268 U.S. 652 teaching the necessity of overthrowing the but only prohibits advocacy to overthrow government through unlawful means.
(1925) government - Advocacy: active espousal, action to accomplish
- Advocacy of idea vs advocacy of action (Idea covered by the First
He printed “The Left Wing Manifesto” and “The Amendment)
Revolutionary Age”, documents that advocated for
communist revolution. The Manifesto uses language to urge mass action and concludes with call to action to
destroy the government. It is not philosophical abstraction but direct incitement to
revolution

Freedom of Speech: not an absolute right or unbridled license but limited if corrupts
public morals, incites crime, disturbs peace and attempts to subvert the performance
of duties

Clear and Present Danger satisfied. Effect of utterance cannot be foreseen and a single
spark may rekindle a fire that may burst into destructive conflagration. State cannot
be required to defer.
Whitney v. Whitney charged with violating Criminal Syndicalism Whitney convicted.
California, 274 U.S. Act for advocating the commission of crime and
357 (1927) unlawful methods of terrorism to accomplish change By remaining in the convention, receiving the membership card and non-protesting to
Brandeis, in industrial ownership. the adoption of the National Program, she manifested acquiescence to the Communist
concurring. - She stayed and did not protest in the Labor Party.
convention of the Communist Labor Party of - Combining with others in an association to accomplish ends that advocate
America and use unlawful methods

Brandeis Concurring
- It is the function of the legislature to determine clear and imminent danger
based on circumstances of the time.
- Only an emergency/probability of serious injury can justify the standard of
repression allowed for free speech.
- Assembling a political party formed to advocate revolution by mass action at
some date in the future is not a right covered by the first amendment.
Dennis v. Defendants indicted for advocating overthrow and They were convicted. Not within First Amendment protection.
United States, 341 destruction of the government by force and violence.
U.S. 494 (1951) - Leaders of the Communist Party of America Clear and Present Danger Test: Where an offense specified by statute in non-speech,
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who intended to initiate violent revolution non-press terms relies upon speech as evidence of conviction, the test must still be
“whenever propitious occasion appeared” applied.
because the Marxist-Leninist doctrine is the - All about the appreciation of evidence (facts and circumstances) as
only way to go, not peaceful transformation sufficiently manifesting that evil
- The overthrow of government by force and violence and the intent to do so
“as speedily as circumstances permit” justifies restriction.
- Impossible to measure based on probability of success, of actual execution or
of sufficiency of numbers as long as by the intent and nature of the acts, th
existence of conspiracy creates the danger.

Formation of a highly organized society that is rigidly disciplined, timing, the
inflammable nature of worldly conditions and the relations they have with other
countries satisfied the test.
Brandenburg Brandenburg was the leader of the Ku Klux Klan. He They were acquitted.
v. Ohio, 395 U.S. was convicted of Criminal Syndicalism for advocating Free Speech does not permit the State to forbid the advocacy of the use of force
444 (1969) the necessity and propriety of crime, violence, except where such is directed to inciting or producing lawless action AND is likely to
unlawful methods to accomplish political and produce such.
economic reform. - Mere abstract teaching =/ preparing a group for mass violent action
- He telephoned an announcer-reporter to - Mere advocacy =/ incitement to imminent lawless action
broadcast them with articles of pistols and
shotguns and 12 hooded figures saying The statute was unconstitutional because it forbids assembly with others merely to
derogations against Negroes and Jews advocate the described type of action.
- They were against the suppression of White
Supremacy New Test
1. Advocacy of inciting imminent lawless action
2. Likelihood to succeed in inciting or producing such action
Speech & Protest
(6)
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Primicias v. Campaign manager of Coalesced Minority Parties Legislature’s delegated power is to regulate the use of the streets and public places
Fugoso, 80 Phil. 75 seeking to compel Manila Mayor to issue a permit for and not to prohibit them.
(1948) the holding of a public meeting at Plaza Miranda. Test: Whether exercise of LGU control is exerted so as to deny or unwarrantedly
Mayor Fugoso denied permit because of belief that abridge the right of assembly, communication of thought and discussion of public
losing party has passions that are bitter and high and questions.
that the speeches might undermine the faith and - Licensing authorities cannot refuse to issue permits. Their discretion is limited
confidence of the people on the new government. to considerations of time, place and manner for public convenience. Mayor
thus only has reasonable discretion to determine the specific streets or
public places where parade or processions may be held.

Cox v. Reverend Elton Cox demonstrated in the Courthouse Pure speech regulation is different from regulation on picketing and marching
Louisiana, 379 U.S. in protest of the arrest of 23 students who picketed - Latter is a time, place, manner regulation; content-neutral.
536 (1965) the stores which maintained segregated lunch Breach of peace, obstruction of public passages and picketing a court house
counters. Police agreed to confine them 2 1/2 blocks convictions were all reversed.
from the courthouse. Demonstration allegedly - Louisiana statute unconstitutional for unbridled discretion to local officials on
dispersed after Cox’s inflammatory speech. what is obstructing
- “Inherent danger” cited by judge punished unpopular views. But in a
democracy, free political discussion is allowed provided the crowd was well-
behaved and orderly.
- State has a legitimate interest in protecting the judicial system from
pressures that picketing will create in the administration of justice. Picketing
near the courthouse can be subject to regulation to protect proceeds from
intimidation.
Integrated IBP permitted to rally at the foot of the Mendiola Atienza committed grave abuse of discretion for not immediately informing applicants
Bar of the bridge. Atienza issued the permit but indicated Plaza of the modification of their permit.
Philippines v. Miranda as the venue which was supposed to be a - Blank denial and modification without justification of a clear and present
Atienza, G.R. No. freedom park. The Public Assembly Act mandates that danger is not allowed because the freedom to assemble should not be
175241, 24 if there is a clear and present danger meriting the abridged by the plea that it may be exercised some place else.
February 2010. denial of the permit to protest, the applicant must be - Sometimes, the place of protest is part of the message.
informed of the denial/modification so that he can be
heard in court.
BAYAN v. Groups conducted peaceful rallies but were forcibly BP 880 or the “No Permit, No Rally” is constitutional because it was not an absolute
Ermita, G.R. No. dispersed by the police for lack of permit. ban. It just restricted the time, place, and manner of the assemblies upon presence
169838, 25 April of a clear and present danger.
2006.
Calibrated Preemptive Response policy was void because what the law requires is
maximum tolerance of the public enforcers towards the rallyists.
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5-day application for permit defeats the purpose so new rule imposed: There is a
presumption that the permit is granted when applicant rallies 2 days after he duly filed
his application for a permit.
GSIS v. GSIS personnel conducted 4-day en masse walkout (Exception to the right to protest) Employees in the government have a right to
Kapisanan Ng Mga and rally in front of the main office due to General organize and associate but are prohibited from concerted activities such as pickets,
Manggagawa Sa Manager’s management style. The Mayor granted strikes and absence for 4 straight days because these cause work stoppage and service
GSIS, G.R. No. them a rally permit but their absence was not covered disruption.
179132, 6 December by a prior approved leave.
2006 Limitation on the right of peaceful assembly of civil servants:
1. Legitimacy of the purpose of the association
2. Overriding considerations of national security
- Their right to freedom of speech, expression and assembly =/ right to strike
- Allowed: after office strikes, lunch time protests, symbolic speech such as
black armbands.
Speech & Right
to Information (4)
Valmonte v. Petitioners seeking to obtain the list of names of the Test:
Belmonte, 170 Batasang Pambansa members from UNIDO-PDP Laban 1. Is information of public concern or interest?
SCRA 256 (1989) who were able to secure clean loans from the GSIS 2. Is information not exempted by law from the operation of the right?
through Imelda’s intercession. - Petitioners entitled to access documents evidencing loans granted by GSIS because a)
GSIS funds assume public character and the borrowers held public office; and b) No
law granting exemption
- Judicial entities like corporations have no right of privacy, because the right belongs
to persons in their private capacities.

Government custodians of these records are allowed to create rules:
1.Manner and time of examination
2. No undue interference by the custodian
3. The right of other persons to inspect not be impeded
4. No summaries, abstracts and listing to be created.
Akbayan v. Petitioners seeking to obtain the full text of the Japan- General rule: Right to Information
Aquino, G.R. No. PH Economic Partnership Agreement and the offers (One of the) Exception: Executive Privilege: deliberative process, national security,
170516, 16 July submitted during the negotiation process and all presidential communications, diplomatic negotiations
2008 pertinent attachments. - But such privilege is only presumptive.
- “Sufficient Showing of Need Test”: If there is a public interest that calls for
the disclosure of the desired enough information, the privileged status can be
overcome.
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Final text cannot be kept perpetually confidential, must be published after.
But offers will continue to be perpetually confidential (otherwise, no more candor
between negotiating parties)
Rosales v. Partylist Act mandates that the names of partylist People’s right to information is only for matters of public concern.
COMELEC, G.R. nominees shall not be shown on the certified list Confidentiality (Exceptions to the right) for military, trade, banking, diplomatic and
No. 177314, 4 May when these are posted in the polling places for the national security secrets.
2007 purposes of preventing personality politics. - Identity if candidates for lofty public office is a matter of high public concern
Petitioners impugn the denial of their request for the because of the right to elect based on informed judgment.
disclosure of the names of 14 partylist nominees
alleging that they were not marginalized
representatives.
Hilado v. Alfredo Hilado of the Lopez Sugar Corporation Presumption of public right to access judicial records relevant to the adjudication
Judge Reyes, A.M. complained of the approval of the sale of substantial - Right of the people to acquire information on matters of public concern in
No. RTJ-05-1910, and valuable assets without serving notice them as which the public has a legitimate interest
15 April 2005 other persons interested. Judge denied them access - While the public officers in custody of these records have the discretion to
to the inventory prepared by the administratix regulate the manner of inspection, or copying, such does not carry authority
because they were not parties to the proceedings but to prohibit access, examination or copying.
were creditors. - Since file does not contain any military or diplomatic secret, or does not have
any law considering it classified information, then Judge cannot deny access
to these records.
Libel/Tort (8)
New York Sullivan who was an elected official sued New York If defamatory statement relating to official conduct of a public person:
Times Co. v. Times for libel for allegedly false statements about Actual Malice Test must be proven
Sullivan, 376 U.S. police action directed against students who 1. That the statement was made with knowledge of falsity or
254 (1964) participated in a civil rights demonstration. 2. Reckless disregard of whether it was true or not

Damages were not awarded because insufficient proof that statements were
published with actual malice.
Hustler v. Hustler Magazine published an ad parody of Jerry Actual Malice rule applied because public figure.
Falwell, 485 U.S. 46 Falwell, a nationally-known minister, talking about his 1. Public Official: public money
(1988) “first time”, portraying him and his mother as drunk 2. Public Figure: public attention
and immoral. The ad contains a disclaimer at the
bottom: “parody-not to be taken seriously” General Rule: The right to free speech includes the right to criticize public men and
issue.
Exception: Unless public figure is able to prove actual malice.
Does the Actual Malice Rule apply to a publication that does not have any pretention
that it is not true?
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- Ad parody could not be reasonably understood as describing actual facts


about or actual events in which he participated, and thus was not reasonably
believable
- Political cartoon is protected speech

Actual malice rule provides a breathing space for falsity
- Non strict liability for factual determination of reporters allowing small
errors. Otherwise, chilling effect.
Vasquez v. Vasquez was resident of Tondo who complained Elements of Libel
Court of Appeals, against their barangay chairman Olmedo for illegal 1. Allegation of a discreditable act or condition concerning another
314 U.S. 460 (1999) gambling and stealing of chickens through a news 2. Publication of the charge
article in Ang Tinig ng Masa. Olmedo sued him for 3. Identity of the person defamed
libel. 4. Existence of malice

Under ART 361 of RPC, if the defamatory statement is made against a public official
with respect to the discharge of official duties, and the truth of the allegation is
shown, the accused will be entitled to an acquittal even though he does not prove that
the imputation was published with good motives. (Amended the RPC definition by
inserting New York v Sullivan actual malice rule)
- Letter proven to be true; NHA indeed recommended the filing of
administrative charges against Olmedo et al.
- No liability can attach because truthful statement; acquitted.
Newsweek v. Newsweek published an article entitled, “Island of In order to maintain a libel suit, victim must be identifiable, unless it be shown that libel
IAC, 142 SCRA 171 Fear”: Negros Occidental was a place dominated by big could have identified the personality of individuals defamed
(1986) businesses and sugarcane planters who not only
exploited impoverished and underpaid laborers but For group/class, statement must be so sweeping or all-embracing as to apply to every
also brutally killed them with impunity. They filed a individual in that group or that it be sufficiently specific that it can be pointed to him as
class suit in behalf of all sugarcane planters a member of the group to bring an action separately.

Rules for when several persons are defamed:
a. Different Occasions - there are as many crimes as there are persons directly
addressed with such statements
b. Single Occasion
1. Class or group but general terms without any particular person being
addressed – no libel
2. Class or group but sweeping as to apply to every individual/each can
prove that statement specifically pointed to him – each can bring action
separately
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3. Several identifiable victims - as many crimes as there are persons


defamed.
MVRS Islamic Da’wah Council is composed of 70 Muslim Defamation is to injure the reputation, diminish the esteem, respect and good will.
Publications v. organizations. Class suit was filed in behalf of all Reputation is personal in character.
Islamic Da’wah adherents of Islamic faith for an article in Bulgar
Council of the saying that Muslims have a “Pig as a God” No fairly identifiable person is allegedly injured. No libel against an extensive
Philippines, 396 community because the aim of libel is to protect individuals.
SCRA 210 (2003)
If the group is very large, a statement may have no application to anyone in particular.
- The Muslim community is too vast to readily ascertain
- Also, in a pluralistic society, there is respect for the fair criticism for religious
principles.
Villanueva v. Mayoralty candidate in Negros was disqualified for Presumption of malice does not exist in:
Philippine Daily having been convicted of 3 admin cases for grave 1. Private communications
Inquirer, G.R. No. abuse of authority and harassment. He believes that 2. Fair and true report of any official proceeding
164437, 15 May his defeat was caused by a maliciously timed 3. Fair commentaries of public interest
2009. publications of MB and PDI.
Failure to counter-check by MB and PDI is not reason to hold them liable. Reporter
may rely on information given by a lone source, although it reflects only one side
provided there is no high degree of awareness of probable falsity.
- Cannot punish journalists for honest endeavor to serve public with sense of
duty, otherwise, chilling effect.
Fermin v. Annabelle Rama and Eddie Gutierrez were the Libel is malicious and public imputation of crime, defect, condition, statuts and
People, G.R. No. subjects of Fermin’s gossip tabloid. They were accused circumstance.
157643, 28 March of being fugitives and swindlers that cannot return to
2008. the US because of debts with OFWs over calderos. Actual malice test proven. There was motive talk ill-will.
- Rama was able to prove the falsity of the allegation. Still in good terms with
caldero manufacturer.
- Close connection with the incumbent who was competing against Gutierrez.
Utterances that are false or irrelevant to matters of public interest, involving public
figures can be sued for libel.
Philippine People’s Journal published that subdivision residents Unprotected Speech
Journalists, Inc. v. asked BOI to deport a Swiss that shoots pets that he 1. Lewd or obscene
Thoenen, G.R. No. finds in his domain. Theonen complained that the 2. Profane
143372, 13 article impaired his reputation. The source was 3. Libelous
December 2005. allegedly from a tip by Atty. Efren Angara but the 4. Insulting or fighting words
letter was mere vertification of citizenship and not
request for deportation and the name does not exist. Not a privileged communication so malice is presumed.
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- Even if the letter itself was privileged, it lost such character the moment it
was published.
- Not a fair and true report of a proceeding because private person

Published defamatory falsehoods against a private individual has no constitutional
protection against liability.
- Individual has a right to protection of own good name: dignity and worth of
human being
Disini v. Facial challenge on the Cybercrime Prevention Act Penalizing online libel is valid with respect to the original author of the post but void
Secretary of with respect to others who simply receive the post and react to it.
Justice, G.R. No. - The culture associated with internet media is distinct from that of print
203335, 11 - Otherwise, it will create a chilling effect.
February 2014 - Liking, sharing cannot be compared to “aiding and abetting in libel” There is
an absence of legislation tracing the interaction of netizens and their level of
responsibility in the cyberspace thus law enforcers will be given arbitrary and
selective latitude.
Compelled
Speech (2)
Red Lion Red Lion hosts Christian Crusade which attacked Fred Fairness doctrine: discussion of public issues be given fair coverage by presenting each
Broadcasting Co. v. Cook as one fired by a newspaper for making false side of those issues.
FCC, 395 U.S. 367 charges against the City Office. Cook demanded free
(1969) reply time. FCC flagged Red Lion for its failure to Although broadcasting is clearly a medium affected by a First Amendment interest,
comply with rule to 1) notify 2) send the tape, differences in the characteristics of new media justify differences in the standards
transcript and summary of broadcast 3) grant reply applied. Where there are substantially more individuals who want to broadcast than
time to the attacked party. there are frequencies to allocate, it is idle to posit an unabridgeable First
Amendment right to broadcast, unlike in the right to speak, write or publish.

Because of limited frequencies, it is reasonable to put restrictions in the form of time
sharing to express views different from the station’s. There is no right to monopolize a
radio frequency. Such is for the protection of the right of viewers and listeners to have
suitable access.

Regulation that a licensee must offer to make available a reasonable amount of
broadcast time to those who have a view different from that which has already been
expressed on their station is valid.
Miami Herald Executive Director of CTA and candidate for HOR, Penalty imposed by Florida statute imposing right of reply exacts punishment on the
Publishing Co. v. asking for a right to reply and defend the CTA’s role basis of content. Thus, chilling effect as it intrudes into the function of editors.
Tornillo, 418 U.S. and accomplishment. Miami Herald refused to grant
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241 (1974) space in their newspaper to print Tornillo’s reply. - Knowledge of penalties will push editors to conclude that safe course is to
avoid controversy. Result is blunted or reduced political and electoral
coverage.
- Editors’ First Amendment Rights includes control and judgment over the
choice of material to include, the size and content of the paper, the
treatment of public issues and public officials whether fair or unfair.

Note different rulings in Red Lion and Miami Herald because of the medium.
Overbreadth/Void
for Vagueness (3)
Estrada v. President Erap was charged with plunder after Facial challenge to a statute if vague and overbroad. Otherwise, chilling effect.
Sandiganbayan, discovery of shares of stock in various banks under the Void for Vagueness Doctrine: A statute that forbids or requires the doing of an act in
369 SCRA 394 Jose Velarde account name. Allegdly these were terms so vague that men of common intelligence must necessarily guess at its
(2001) Mendoza, kickbacks in consideration of his toleration or meaning and differ as to its application.
concurring. protection of jueteng. They assail that it suffers from
vagueness because of “through any or a combination Overbreadth Doctrine: A governmental purpose may not be achieved by means which
or a series of overt criminal acts” sweep unnecessarily broadly, thereby invading protected freedoms

Criminal statutes have general in terrorem effect and if facial challenge is allowed, the
State may well be prevented from enacting laws against socially harmful conduct. In
the area of criminal law, the law cannot take chances. Overbreadth and vagueness
doctrines have special application only to free speech cases.

The test in determining whether a criminal statute is void for uncertainty is whether
the language conveys a sufficiently definite warning as to the proscribed conduct
when measured by common understanding and practice.
David v. GMA issued PP1017 to suppress connivance of The overbreadth doctrine is an analytical tool developed for testing “on their faces”
Macapagal-Arroyo, extremists to bring down the government after they statutes in free speech cases.
489 SCRA 160 discovered Oplan Hackle (plan to assassinate the - PP101 is not primarily directed to speech or even speech-related conduct but
(2006) president) by Magdalo members. Because of which, to prevent the AFP from all forms of lawless violence.
CIDG seized anti-GMA write-ups and arrested the
Daily Tribune’s editor. The overbreadth doctrine is not intended for testing the validity of a law that reflects
legitimate state interest in maintain comprehensive control over harmful,
constitutionally unprotected conduct such as lawless violence, insurrection and and
rebellion.
People v. Petitioners were charged with vagrancy for wandering Law is constitutional.
Siton, G.R. No. the streets without any visible means to support Unlike the Jacksonville case which banned otherwise innocent acts such as night
169364, 18 oneself nor any lawful purpose. Petitioners argued walking, wandering or strolling around without any lawful purpose or object, habitual
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September 2009. that the vagrancy law is vague and anti-poor. spending at places where alcoholic beverages are sold and living upon the earnings of
wives and minor children. But these specific acts are not found in the PH law and
qualifies the crime using “without visible means of support”

Using probable abuse as an acceptable limit on police and executive authority that
may otherwise be abused by the search and arrest of persons, law is considered a
public order law because purpose was to restore order, peace, civility and morality in
the streets.
- Streets become dangerous and unsafe, haven of beggars, harassing wash
your car boys, petty thieves and robbers, pickpockets, swindlers, prostitutes
- Not anti-poor because law punishes them not for their status but for their
conduct which endanger public peace or alarm general community.
Sexually Explicit
Expression (9)
Pita v. Court Anti-Smut Campaign of Mayor Bagatsing seized and Miller v. California standard to determine existence of obscenity.
of Appeals, 178 confiscated from newsstand owners and peddlers The state in its exercise of police power can suppress smut, provided it is smut but
SCRA 362 (1989) along sidewalks pornographic materials including there was no determination of such yet because enforcers did not possess court order
Pinoy Playboy authorizing the search and seizure.
Gonzales v. Kapit sa Patalim was classified as ‘For Adults Only’ and - Sex =/ Obscenity
Kalaw-Katigbak, with certain changes and deletions. - Obscene material is material which deals with sex in a manner appealing to
137 SCRA 717 - Women erotically dancing naked on stage. prurient interest
(1985) - Women caressing and kissing as lesbians - The classification used by the Board for obscenity was based on “cultural values”
- Excessive violence between robbers and police which unduly restrict freedom of speech
-
- The Kalaw-Katigbak Test of Obscenity: 1) Dominant theme as a whole; 2)
Determination of such is a judicial question
Miller v. California penalizes the knowing distribution of Obscene material is unprotected speech.
California, 413 U.S. obscene matter. Miller received 5 unsolicited Miller v California test of obscenity:
15 (1973) advertising brochures with pictures explicitly depicting 1. Depiction of patently offensive conduct which appeals to prurient interest
men and women in orgies. 2. Lacks as a whole, any literary, artistic, political and scientific value
3. Applying contemporary community standards
Sexual revolution in recent years may have allowed an irrationally kept subject its
needed ventilation but it does not follow that no regulation for patently offensive,
hardcore pornography be needed or permissible.
Paris Adult Adult theatres showed “Magic Mirror” and “It All Obscene material is unprotected speech.
Theatre I v. Slaton, Comes out in the End”. Georgia enjoined them from Case remanded to trial court so they can apply Miller v. California test
413 U.S. 49 (1973) exhibiting because they were “hardcore porn leaving States have a legitimate interest in regulating commerce and exhibition of obscene
little to the imagination” material in places of public accommodation.
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- Including adult theatres from which minors were excluded (signs at the entrance)
- Not within the right of privacy
Ashcroft v. Child Pornography Act where child pornography Government rationale is to suppress pedophiles who encourage children to participate
Free Speech extends to sexually explicit images of those appearing in sexual activity and because it is hard to prosecute pornographers who do use real
Coalition, 535 U.S. to depict minors were produced without using any minors.
564 (2002) children. Such were created using adults who look - The statute proscribing visual depiction of an idea is overbroad
young or through computer imaging - Virtual child porn =/ sexual abuse of children
The protection is specific to children only
- If adults appearing to be minors only, then precisely because they are adults,
pornography cannot be banned to them.
- Otherwise, there would be a chilling effect: The mere tendency of speech to
encourage unlawful acts is not sufficient reason for banning it.
Schad v. Adult bookstore in the commercial zone installed a Ordinance unconstitutional.
Mount Ephraim, coin-operated device where a customer could sit on a Entertainment is protected speech.
452 U.S. 61 (1981) booth and watch a nude live dancer performing - The law was a prohibition against all live entertainment when differentiated with
behind a glass panel. Schad was sued for violating a the allowance of sale of adult films and books
zoning ordinance. - Substantial government interest to reserve spaces for immediate needs, the
availability of same service in near areas and the avoidance of parking, trash and
police provisions are unsubstantiated. Regulation allowed if rationally related to
legitimate state concerns.
American Ordinance defining pornography as sexually explicit Ordinance unconstitutional.
Booksellers Assoc’n subordination of women The Constitution forbids the State to declare one perspective right and silence
v. Hudnut, 771 F.2s - Pain or humiliation opponents.
323 (7th Cir. 1985) - As sexual object raped - Speech treating women in the approved way: sex premised on equally is declared
- Tied up, cut up, mutilated, bruised lawful no matter how sexually explicit.
- Penetrated by objects or animals - Speech treating women in the disapproved way: unlawful no matter how
- Positions of submission of display or servility significant the literary, artistic, political qualities are as a whole.
- Impediment to the “marketplace of ideas”; not neutral with respect to viewpoint
- Racial bigotry, anti-semitism, violence on television, however insidious are still
part of protected speech.
FCC v. Radio station broadcasted satirical monologue “Filthy Of all the forms of communication, broadcasting has the most limited protection for
Pacifica Words” listing a variety of curses/words you couldn’t free speech.
Foundation, 438 say on the public airways. Concerned father driving FCC decision to not prohibit but channel it to different timeslot was valid, even if still
U.S. 726 (1978) with son filed complaint. protected speech, even if not “obscene” but only “indecent” (nuisanced rationale
based on context)
1. Time of day was 2PM
2. Content of the program: prior warnings cannot completely warn and protect
the viewer from unexpected content
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3. Pervasiveness of medium: accessibility to children


Obscene: prurient appeal
Indecent: non-conformity with accepted moral standards
Ashcroft v. Children Online Protection Act penalizes posting for Protected speech may be regulated no further than necessary to achieve government
American Civil commercial purposes Internet content that is harmful purpose, otherwise chilling effect.
Liberties Union, to minors, unless one can demonstrate that he COPA was not the least restrictive means to protect minors from Internet porn.
124 S.Ct. 2783 restricted access through age-verification - Other alternative remedies available such as filters because 1) do not need to
(2004) certificates/codes resort to criminalizing content that is allowed for adults; 2) can target not just
porn from America but worldwide
- Sir: Decision was business friendly. Where COPA imposes burden at the service-
providers, filtering imposes it at the end-user level and asks that parents do the
protecting of their minors themselves.
Freedom Of
Association (8)
NAACP v. Alabama statute requiring foreign corporations before Right to pursue private interests and associate freely
Alabama, 357 U.S. they can qualify to do business must file a corporate - Inviolability of privacy in group association is indispensable to the preservation of
449 (1958) charter, place of business and agent to receive. The the right to association, particularly where group espouses dissident beliefs.
National Association for Advancement of Colored - The revelation of the identity of their members has exposed members to
People assailed the compulsion to reveal the names economic reprisal, threat and hostility.
and addresses of all its members and agents. - Purpose of conducting intrastate business has no substantial bearing with
disabuse of names.
Shelton v. Every teacher as a condition for employment, must Unlimited, indiscriminate scope constitutes comprehensive interference violating
Tucker, 364 U.S. annually file a listing of every organization belonged associational freedom.
479 (1960) to, regularly contributing to for the past 5 years. - Even if there were no disclosure to the public, the pressure upon a teacher to
Otherwise, teaching contract is void. avoid any ties which might displease those who control his professional destiny
would be constant and heavy. Such unwarranted inhibition upon the free spirit of
teachers has a chilling effect.
- Requirement to declare church, political party and political organizations has no
bearing on a teacher’s competence and fitness.
Victoriano v. Elizalde Rope Union has closed shop provision (if you Right to Freedom of Association includes the right to abstain or refrain from joining
Elizalde Rope are an employee of the factory, you are automatically that group/union.
Workers’ Union, 59 a member of the Union) in their CBA with the Factory.
SCRA 54 (1974) - Exception: Members of the religious sect that Members of the religious sects cannot be compelled to join labor unions when there is
prohibit such membership a closed-shop provision but does not prohibit these members from affiliating. They
still have the liberty to affiliate or not.
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Ang Ladlad COMELEC denied Ang Ladlad’s petition to be a Both expressions concerning one’s homosexuality (intimate association) and the
LGBT Party, v. partylist organization on the basis of religious and activity of forming a political association that supports LGBT individuals (expressive
COMELEC, G.R. moral grounds even if they complied with association) are protected as well.
No. 190582, 8 April requirements of the Partylist Act.
2010. Political party campaign inciting: 1) violence; 2) values incompatible with democracy
are not protected under freedom of association.
Roberts v. Jaycees was for the growth and development of young Intimate association: relationships safeguarding the individual freedom.
United States men. They teach community development, - Indispensable means of preserving other individual liberties
Jaycees, 468 U.S. management skills and sports but have a regular - Highly personal relationships as a measure of sanctuary
609 (1984) (young men) and associate (women and old) division - Individuals draw much of their emotional enrichment from close ties with others.
in their membership. Minneapolis and St. Paul - Family, raising education of children, cohabitation, etc.
chapters were divergent for having admitted
substantial amount of men. Expressive association: right to engage in activities
- Pursuit of political, social, economic, religious, cultural ends
- Jaycees membership was only expressive association. It does not create an
intimate bond as basis for the activities. Only age and sex considered factors.

Expressive association can be subject of regulation to achieve compelling state
interest, if lease restrictive means employed
- Elimination of gender-based discrimination under its expansive public
accommodation law
- The privileges and benefits should be equally accessed by women. Argument that
affording them statuts like full-voting members will change the philosophy of the
organization is sexual stereotyping that women have different views on federal
budgets, foreign relations, etc.
Boy Scouts v. James Dale was an exemplary scout master but also a Membership in Boyscouts is expressive association
Dale, 530 U.S. 640 gay rights advocate. Boy Scouts revoked his - They believe that homosexual conduct is inconsistent with morally-straight and
(2000) membership. clean values.
- Dale’s presence sends a contrary message to the expressive right of BSA
- Choice to propound or not to propound a viewpoint.
- No compelling state interest to justify intrusion into the freedom.
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Hurley v. GLIB as participant to the St. Patrick’s Day March 1. Parade or march was expressive conduct. Thus it is constitutionally protected
Irish-American organized by the Veteran Council exhibited sexual speech.
GLIB, 515 U.S. 557 themes as message. The organizers espoused - The selection of contingents is included in their form of expression.
(1995) traditional religious and social values. 2. Expressive nature includes the right of what not to say.
- Council deciding to exclude a message it did not like from communication it chose
to make is valid.
- Speaker has a right to speak on one subject and be silent on another/not to
propound a particular point of view.
- Right to autonomy over the message
Obergefell v. Landmark US Decision on same-sex marriages; unique The right to marry is fundamental because it supports a two-person union unlike any
Hodges (26 June set of plaintiffs (ALS partner, military, adoptive other in its importance to the committed individuals (intimate association)
2015 parents) - It fulfills yearning for security, safe haven, connection that express our common
humanity
- Two persons together finding other freedoms such as expression, intimacy and
spirituality
- Offers hope of companionship, understanding and assurance that while both still
live, there will be someone to care for the other.
Freedom Of The
Press (12)
Minneapolis Minneapolis Star is exempted from sales tax but state Freedom of speech is NOT freedom of the press
Star & Tribune Co. imposed a use tax on the cost of paper and ink Minnesota has singled out the press for special treatment.
v. Minnesota products consumed in the production of a publication. - When the State singles out the press, the political constraints that prevent a
Commissioner of There was an annual tax credit for the first 100,000 legislature from passing crippling taxes are weakened. That threat can operate as
Revenue, 460 U.S. worth of ink and paper consumed, so only the big effectively as a censor to check critical comment by the press, undercutting the
575 publishers were left paying. basic assumption of our political system that the press will often serve as an
important restraint on government.
- Differential treatment, unless justified by special characteristics, suggests that the
goal of regulation is related to suppression of expression and such is
presumptively unconstitutional.
- The interest of raising revenue can be achieved by less restrictive means, like
taxing businesses generally, avoiding the censorial threat implicit in a tax that
singles out the press.
In re Vicente As author of the Press Freedom Law, Sotto was License or abuse of the liberty of the press should not be confused with liberty in its
Sotto, 82 Phil. 595 punished for contempt for after disagreeing with the true sense. As important as the maintenance of an unmuzzled press and the free
(1949) SC’s decision in the Parazo case, called the members exercise of the right of the citizen is the maintenance of the independence of the
of the Court incompetent and narrow-minded. He judiciary
threatened that the only remedy is to change - It was necessary in order to dispose of judicial business unhampered by
membership. publications which reasonably tend to impair the impartiality of verdicts or
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obstruct admin of justice, the Court will not hesitate to exercise as a last resort, its
right to self defense.
In the Matter Macasaet wrote in the Malaya about the alleged There is an important line between legitimate criticism and illegitimate attack upon
of allegations bribery in the Supreme Court where a lady justice the Judiciary.
contained in the received a gift box of 2 dozen milk cans which when - Power to punish for contempt is necessary under the preservative principle.
columns of Mr. opened, amounted to 10 million. - Legitimate criticisms, pointing out flaws in the decisions, judicial reasoning and
Amado P. Macasaet how they run public office is constructive and paves the way for a more effective
published judiciary. But when articles are baseless scurrilous attacks based on specious
information, it becomes an abuse of press freedom with no redeeming value.
- Actual Malice Test used. Apathetic manner of verifying veracity of the article
showed the reckless disregard of whether bribery was false or not.
Perez v. Request for permission to televise and broadcast live Right to information =/ right to be informed in real time
Estrada, A.M. No. the trial of former President Erap before the - There should be an audio-visual recording of the proceedings but not be for live
01-4-03-SC, 29 Sandiganbayan. Erap objected because it will violate or real time broadcast, only for documentary purposes.
June 2001. the sub judice rule and trigger massive - The tape will be available for public showing only after decision was released.
demonstrations aimed at pressuring the Delay in the release will allay concerns of distracting judges from performance
Sandiganbayan. - Cameras inconspicuously installed, movement of crews will be regulated to be
consistent with solemnity of the proceedings.
Richmond Stevenson was indicted for the murder of a hotel A trial courtroom is a public place where people generally, and representatives of the
Newspapers v. manager. The third trial was declared a mistrial media have a right to be present and where their presence historically has been
Virginia, 448 U.S. because a prospective juror had read about thought to enhance the integrity and quality of what takes place.
444 (1980) Stevenson’s previous trials in a newspaper and had - Trials cannot function in the dark. The appearance of justice can best be provided
told other jurors about the case before the trial by allowing people to observe it.
began. Counsel for Stevenson moved that the fourth - Instead of acquiring information about trials by firsthand observation from those
trial be closed to the public. who attended, people now acquire it chiefly through print and electoral media--
the media as surrogates of the public.
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Borjal v. Borjal, the editor of Philippine Star was sued for its Identifiability is lacking to maintain a libel suit. At least as third person should be able
Court of Appeals, column the Jaywalker. The article cited alleged to identify him as the object of the publication
301 SCRA 1 (1999) anomalous activities of an organizer of a conference - Fair commentaries on matters of public interest are qualifiedly privileged. The
who gets solicitations and claims attendance of VIP declared objective, the composition of the members, participants and the manner
speakers but was just a moneymaking gimmick. it was to be funded implies that the activity is genuinely imbued with public
interest as such, it cannot be invite close scrutiny by the media.

Actual Malice Test to be used
- A newspaper especially one of national coverage should be free to report on
events and developments in which the public has a legitimate interest with
minimum fear of being hauled to court by one group or another on criminal or
civil charges for libel, so long as the newspaper respects and keeps within the
standards of morality and civility.
- To avoid self-censorship, adequate margin of error is allowed for protecting some
inaccuracies.
In Re Emil Jurado of the Manila Standard alleged that a former Freedom of expression, the right of speech and of the press is, to be sure among the
Jurado, A.M. No. jurist, if the price is right, allows a litigant to write his zealously protected rights in the Constitution. Every person exercising it is obliged to
93-2-037SC, 6 April own decision and that justices and their families went act with justice, give everyone his due and observe honesty and good faith. The
1995. on a vacation in Hong Kong paid for by a public utility constitutional right may not be availed of to broadcast lies or half-truths, it may not be
firm. used to insult others, destroy their name or reputation.

In merely seeking to infuse and perpetuate the sense of responsibility in all journalists,
there is a need to check out the truth and correctness of information before
publishing it, or that recklessness and crass sensationalism should be eschewed.

The people’s right to discover the truth is not advanced by unbridled license in
reportage.
Chavez v. Audiotape of mobile phone conversation obtained Freedom of the press deserves extra protection.
Gonzales, G.R. No. through wiretapping of the Hello Garci scandal. NTC - Chief source of information on current events
168338, 15 warned that any broadcasting or airing of such shall - Most popular vehicle of opinion on public questions
February 2008. be just cause for suspension, revocation and - Sharp weapon to keep government efficient and responsible
cancellation of license.
4 Aspects of the Freedom
1. Prior restraint
2. Post punishment
3. Access to information
4. Circulation
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Whether print or broadcast, because it is a content-based regulation, it must


overcome the clear and present danger test.
- NTC unable to overcome given the only evil of violating the Anti-Wiretapping law
since identity of the voices unknown, integrity of taped conversation
questionable, identity of wiretappers themselves unkown
Newsounds Renewal of permit denied because Newssounds over Generally, the determination of the operation of a business through the issuance of a
Broadcasting the election period was critical of the mayor so the permit is in the mayor’s discretion. Except when the business is a corporation of the
Network Inc. & office required additional requirements and press. As the fourth estate, they enjoy special protection.
Consolidated eventually awarded permit to competitor company
Broadcasting owned by mayor’s relatives.
system, Inc. v. Dy,
Guingguing v. Radio personality sued petitioner for libel after Defense of Truth against libel
Court of Appeals, photographs of him being arrested as well as his 1. He was a public figure
G.R. No. 128959, 30 records of criminal cases were published in a one- 2. If published with good motives and for justifiable ends
September 2005. page advertisement in the Sunday Post which - Pendency of criminal charges are matters of public record anyway
circulated in Visayas and Mindanao.
3. Actual malice test used but should only be applied if the thing is false in the
first place.
GMA Televised news report of the filing of complaint of Qualifiedly privileged material: fair and true report so no presumption of malice has to
Network, Inc. v. med students for PRC’s irregular checking but this was be proven.
Bustos, G.R. No. coupled with an unrelated footage of the 1982 - No malicious intent to create another news story beyond what is reported
146848, 17 October demonstration of PGH doctors wearing armbands for - Video not to be taken in isolation because did not contain an attack, no one was
2006. economic wage dispute. identified
Sir: Although, constitutionally there was a need to protect the press, the institutional
response of GMA should have been to fire the reporter to uphold journalism.













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The Due Process
Clause (25)
Procedure (5)
Banco Espanol Palanca left for China and never returned until he died
1. Requisites of judicial due process:
Filipino v. Palanca, leaving mortgaged property. Since he is not a resident,
2. 1. There must be an impartial court or tribunal clothed with judicial power to hear and
37 Phil. 921 (1918) Court ordered that he be notified by means of decide the matter before it.
publication using a newspaper and that the clerk of 3. 2. Jurisdiction must be lawfully acquired over the person of the defendant or over the
court furnish him with a copy. 7 years after the property subject of the proceedings.
property was executed, administrator appears 4. 3. The defendant must be given the opportunity to be heard.
claiming he has never received the summons. 5. 4. Judgment must be rendered only after lawful hearing.


Ang Tibay v. Ang Tibay shoe factory laid off 89 workers due to 1. Right to a hearing to present his own case and submit evidence in support
Court of Industrial shortage of leather soles. Workers filed illegal 2. The tribunal must consider the evidence presented
Relations, 69 Phil. dismissal suit alleging that they were dismissed 3. The evidence must be substantial, adequate to support the conclusion
635 (1940) because of their affiliation or activity with National 4. The decision must be rendered on the evidence presented at the hearing or
Labor Union. at least contained in the record and disclosed to the parties affected
5. The tribunal must render its decision in a manner that the parties in the
proceeding can know the various issues involved and the reasons for the
decision rendered.
Goldberg v. Residents receiving aid under assisted program for Only a pre-termination hearing provides the recipient of welfare benefits with
Kelly, 397 U.S. 254 families with dependent children; aid terminated procedural due process.
(1970) without the personal appearance of the recipient - For qualified recipients, welfare provides the means to obtain essential food,
before the reviewing official but is allowed post- clothing, housing and medical care. Termination of such aid may deprive an
termination fair hearing and if gets a favorable ruling eligible recipient of the very means to live, while he waits. He becomes
upon review will be restored benefits. immediately desperate affecting his ability to seek redress from the bureaucracy.
- The interest of the eligible recipient in uninterrupted receipt of public assistance
coupled with State interest that his payments not be erroneously terminated
clearly outweighs State’s concern to prevent any increase in its fiscal and
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administrative burdens.
Board of Polsci prof employed in Wisconsin state university Procedural due process applies only to the deprivation of protected interests.
Regents v. Roth, with a fixed term of one academic year. After which, - Liberty: right to contract and engage in an occupation. He is simply not rehired in
408 U.S. 564 (1972) he was informed that he will not be rehired next one job but he remains free to seek other employment elsewhere.
school year. - Property: must be a legitimate claim of entitlement. His appointment contract
was specific and did not indicate provision for renewal.
Agabon v. Riviera Homes dismissed petitioners for abandonment Labor Code: substantive aspect: valid cause; procedural aspect: manner of dismissal
NLRC, 442 SCRA of work but defense claimed that this was because
573 (2004) they subcontracted to perform work in another Serrano doctrine: To avoid the “dismiss now, pay later” scheme, full payment of
company which was inimical to employer’s interests. backwages from the time of dismissal for violations of the notice requirement.
- Abandoned

Wenphil doctrine controlling: Where the employer had a valid reason to dismiss an
employee but did not follow the due process requirement, the dismissal may be
upheld but the employer will be penalized with nominal damages to the employee.
- There was no illegal dismissal because it was for a just or authorized cause:
neglect of duty. But, there is a procedural infirmity for non-compliance to notice
and hearing requirements.
Speedy
Disposition (2)
Enriquez v. Petitioners charged with administrative and criminal There is a violation of the right to speedy disposition of cases if it is attended by
Ombudsman, G.R. offenses re bidding of a land titling computerization vexatious, capricious or oppressive delay.
Nos. 174902-06, 15 project. 8 years after from the filing of their formal
February 2008. evidence, Ombudsman failed to resolve the cases, Factors: 1. Length; 2. Reasons; 3. Assertion/Failure of Right; 4. Prejudice caused
causing the besmirching of their reputation and
forfeiture of retirement benefits. Justice delayed is justice denied. Cases must promptly be decided.
- Ombudsman is vanguard in the promotion of efficient service and accountability
in government. There was no reason why their cases remained unresolved.
Roquero v. Roquero was charged for grave misconduct after Right to speedy disposition is for all parties, all cases, and for all proceedings.
The Chancellor of propositioning a lady guard applicant to be his - 5-year delay unjustified
UP-Manila, G.R. mistress and offering to secure her a permanent - Explanation of prosecution for failure to present formal evidence due to
No. 181851, 9 position. The Administrative Disciplinary Tribunal was resignation of lawyer, new counsel’s inability to prepare because stenographer
March 2010. not able to act on his Motion praying for waiver of possessing notes was ill does not hold.
rights to formally offer evidence for 5 years.
Substance (18)
United States Ling Su Fan, is accused of attempting to export "Due process of law" is not that the law shall be according to the wishes of all the
v. Ling Su Fan, 10 mutilated Philippine silver coins from the Philippines inhabitants of the state, but
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Phil. 104 (1908) to HongKong. He argued that this was his property 1. That there shall be a law prescribed in harmony with the general powers of
that was confiscated. the legislative department of the Government
2. That this law shall be reasonable in its operation;
3. That it shall be enforced according to the regular methods of procedure
prescribed; and
4. That it shall be applicable alike to all the citizens of the state or to all of a
class.
Lochner v. New York statute making it unlawful for an employee Liberty: the right to contract; the right to purchase or to sell labor
United States, 198 to work more than 60 hours in one week. Test: Is there a fair, reasonable and appropriate exercise of the police power of the
U.S. 45 (1905) State or is it an arbitrary interference with the right of the individual to his personal
liberty or to enter into those contracts in relation to his labor for the support of
himself or his family?

The act’s subject relates only in a remote degree to the public health thus, cannot be
valid.
- No connection between the number of hours a baker may work and the healthful
quality of the bread made.

Holmes Dissent: “Lochernizing” is hiding behind the Court’s neutrality to impose own
ideological beliefs.
- Majority validated an unjust situation which legislature chose to protect
- The start of the libertarian ideology of the Court.
Adair v. Act making it a crime to unjustly discriminate against Right of personal liberty and property
United States, 208 an employee of interstate carrier because of his being - Right of employer to prescribe terms upon which services of an employee would
U.S. 161 (1908) a member of a labor organization (but not for being be accepted
not a member of such) - Right of the employee to become one based on terms offered to him
- Right to purchase or sell labor upon such terms he personally deems proper

Exception to liberty of contract: police power (safety health, morals, general welfare)
- But the police power here does not hold because what is being regulated is the
internal, not inter-state aspects of commerce
- There is no logical connection between membership in a labor organization and
interstate commerce. Fitness for position does not depend on membership to
such.
Coppage v. Kansas statute making it unlawful for employers to To punish an employer for proposing certain terms of employment under
Kansas, 236 U.S. 1 coerce employees not to join or remain members of circumstances devoid of coercion renders criminal an essentially innocent exercise of
(1915) labor organizations as a condition for securing or personal liberty and property.
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continuing employment. - Labor organizations are not public institutions so the maintenance of their
membership is not a matter of direct concern to general welfare.
- Equality of right between employer and employee means that in a general
employment contract, one can discharge or quit for no reason.

Libertarian ideology: “Whenever right of private property exists, there are inequalities
that are but normal, natural and inevitable result of such exercise”
- Purpose of levelling inequalities of fortune by depriving some of financial
independence not allowed.
Adkins v. Act providing for the fixing of minimum wages on Right to contract includes right to employment of one’s labor.
Children’s Hospital, women and children to protect them from conditions - Parties have equal rights to obtain from each best terms of their contract through
261 U.S. 525 (1923) detrimental to health and morals. 21year old elevator private bargaining
operator and hospital employees were laid off even - State interference with this liberty must have a direct relation to public health.
though they found the rates and the work they
currently have satisfactory. 1. Price fixed with no relation to the earning power, hours, character of place
and circumstances but only based on the assumed necessities of a woman
2. Morals and earrings relationship cannot be standardized
3. Exceeds fair value of actual services rendered. There is arbitrary payment for
a basis not connected to the actual work entered when the ethical right to a
living wage should be based on just equivalence.
United States Act regulating registration, branding and slaughter of Police power not eminent domain
v. Toribio, 15 Phil. large cattle. Toribio slaughtered a carabao without a - Just restrain of an injurious private use of property. Authority to impose such
85 (1910) permit for purposes of human consumption. He was restraint for the equal enjoyment of others or the community of said property.
denied a permit because they deemed his cattle not
unfit for agriculture or draft purposes. Public welfare justified the regulation.
- History of infectious diseases threatening extinction of animals for cultivation and
transport. Result of increased crime of cattle stealing
- Right of State to protect itself against overwhelming disaster as a matter of
necessity and self protection warrants reasonable limitation on private ownership
Churchill v. Rafferty collected from Churchill their annual tax and Police power to regulate unwholesome operations offensive to the senses is justified.
Rafferty, 32 Phil. seized their property by removing billboards owned - Police power cannot interfere with private property rights for purely esthetic
580 (1915) by him in his private property in Rizal. purposes but unsightly ads obstructing range of vision where travelers are most
likely to direct their eyes are associated with general welfare.
- Regulation of billboards is not a restriction on private property but on use of
public thoroughfares, channels of travel by general public.
United States Ordinance in Bataan prohibiting the playing of Strictly speaking, panguingue is not a game of chance or hazard prohibited by the
v. Salaveria, 39 pangingue if not Sundays or legal holidays. Justice of Insular Law but using the broader signification, gambling falls within the police power
Phil. 102 (1918) the peace was caught playing inside his house on a under Admin Code’s welfare clause
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disallowed day. - Authorizing ordinances necessary to provide health, safety, prosperity, improve
morals, peace, good order, comfort and convenience
- Ordinance aims to improve morals and simulate industry because not a
prohibition just a regulation to limit it to specific days
- Gambling is social cancer that encourages wastefulness, thriftlessness, vice
Rubi v. Rubi and Mangyans were ordered by the provincial One cannot hold that the liberty of the citizen is unduly interfered with when the degree
Provincial Board of governor of Mindoro to remove their residence from of civilization of the Manguianes is considered. They are restrained for their own good
Mindoro, 39 Phil. their native habitat and to establish themselves on a and the general good of the Philippines.
660 (1919) reservation in Tigbao, and to remain there, or be
punished by imprisonment if they escaped. There exists a law; the law seems to be reasonable; it is enforced according to the
regular methods of procedure prescribed; and it applies alike to all of a class.
Section 2145 of the Administrative Code authorizes
provincial governor when such a course is deemed
necessary in the interest of law and order, to direct
non-Christian inhabitants to take up their habitation
on sites on unoccupied public lands to be selected by
him and approved by the provincial board.
Smith, Bell & Smith Bell and Co was a company with British majority Classifications based on citizenship, even if providing diversity of treatment of not
Co. v. Natividad, 40 stockholders seeking issuance of certificate of PH arbitrary do not deprive of beneficial right of ownership/property.
Phil. 136 (1919) registry for their motor vessel to be used in their - Regulation was for distribution of the public domain or common property limited
transporting business. But Anti-Alien Shipping Act to its citizens
mandates that certificates can only be issued to those - Given the local experience, steamship lines are arteries of commerce and were
of domestic ownership (natives, US citizens, the lifeblood of the nation. Protection of which is for self-preservation and
corporations wholly composed of US/PH citizens) protection of integrity of dominion
- Common carriers are affected by public interest

People v. Act obliging every entity to grant any woman Police power is the power vested in the Legislature to establish wholesome and
Pomar, 46 Phil. 440 maternity leave pay (30 days vacation with pay before reasonable laws not repugnant to the Constitution for the good and welfare of the
(1924) and after confinement) Commonwealth and its subjects. With civilization developing, police power is
expanding but such power cannot grow faster or transcend the express prohibitions of
the Constitution
- Law deprives autonomy of contract
- Law creates a term in every contract without consent of the parties
- Law takes no account of contracts by day or by piece and makes it equally
applicable to all cases.
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Villavicencio Mayor ordered the segregated district of ill-repute Liberty includes liberty of abode and the privilege of domicile
v. Lukban, 39 Phil. women to be shipped to Mindanao to be received as - Defense that they left voluntarily and gladly untenable by the fact that the
778 (1919) laborers of a haciendero without any opportunity to transfer was effected in the shades of night to cloak the acts in the presence of
collect belongings. police forces
- Forcible taking of women and their deposit onto a distant region deprived them
of freedom of locomotion just as effectively as if they had been imprisoned. Writ
of habeas corpus correctly issued.
Meyer v. Nebraska Act prohibiting the teaching of any subject Liberty: right to generally enjoy the privileges long recognized at common-law as
Nebraska, 262 U.S. in any language other than English, that these other essential to the orderly pursuit of happiness by free men including:
390 (1923) languages are only allowed to be taught after the - Education and acquisition of knowledge
th
student has passed the 8 grade. Instructor taught - Right of control of the parent to give his children education suitable to their
subject reading in German to child who has not station in life
passed such grade level. - Right to teach

Although the purpose was to promote civic development and to make a homogenous
people with American ideals, it cannot be coerced by methods or means conflicting
with the Constitution.
Pierce v. Compulsory Education Act requiring children 8-16 Excluded in the general police power of the State is the power to standardize its
Society of Sisters, years to be sent to a public school in the district children by forcing them to accept instruction only from public teachers.
268 U.S. 510 (1925) where he resides. Society of Sisters and Hill Military - Law interfered with the liberty of parents and guardians to direct the upbringing
Academy (Catholic schools) claimed that act caused and education of children under their control
the withdrawal of their partrons who would otherwise - The child is not a creature of the State. Parents and those who nurture them have
continue and that this leads to the inevitable a right to direct the child’s destiny as an equal right.
destruction of their business of private primary
schools.
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William E. Railroad Retirement Case Great Depression has lead Roosevelt Administration to emergency legislation and
Leuchtenburg, The Measure to improve efficiency and safety on the vital experimentation: New Deal; but the Court kept invalidating these social legislations for
Supreme Court arteries of interstate commerce. Social desirability the right of contract under the due process clause.
Reborn, Chs. 2, 4, 5, - Common pension pool established
& 8. President Roosevelt lost the Court-packing battle, but he won the war for control of
Decision penned by Justice Roberts invalidated the the Supreme Court ... not by any novel legislation, but by serving in office for more
law because wretchedly unfair to compel a company than twelve years, and appointing eight of the nine Justices of the Court.
to run the danger of unwittingly taking on additional
costs merely because it wanted to add to its payroll an
experienced servant.

Williamson v. Oklahoma law making it unlawful: Police power justified. Legislature deems it an important consideration to raise the
Lee Optical of 1. For opticians to fit, duplicate and replace treatment of the human eye in a strictly professional level.
Oklahoma, 348 U.S. glasses without prescription of - Eyeglass frame-lenses-human eye = health
483 (1955) optha/optometrists - Legislature must have concluded that to regulate one effectively, it has to
2. The advertising of the sale of eyeglass frames regulate all others.
3. For those engaged in eye exams and visual - Legislature concluded that frequency of cases that prescriptions are essential to
care to occupy spaces in retail shops. correct defects in vision and eye conditions are sufficient to justify regulation.
- It is enough that there is an evil at hand for correction and that the particular
measure is rationally connected; need not be logically consistent in every aspect.
Calalang v. Calalang sued Williams and the National Traffic Police power to promote safe transit and avoid obstructions is in the interest and
Williams, 70 Phil. Commission for the enforcement of the resolution convenience of the public
726 (1940) prohibiting all animal-drawn vehicles to pass by and - Desire to relieve congestion of traffic which has been a menace to public safety
pick up passengers in specific places at specific times - The regulations did not unlawfully interfere with the legitimate business interests
to the detriment of owners of these vehicles and and freedom of locomotion of these vehicle owners.
riding public.
ACCFA v. ACCFA reorganized to ACA. Supervisor and Workers’ — Constituent: prevention of crime, those regulating property and property rights,
CUGCO, 30 SCRA unions issued relief for the implementation of the CBA those relating to the administration of justice and the determination of political duties
649 (1960) and the grant of certification election. The ACA of citizens, and those relating to national defense and foreign relations. Under this
challenges the jurisdiction of the CIR because the ACA traditional classification, such constituent functions are exercised by the State as
allegedly performs governmental and not proprietary attributes of sovereignty, compulsory
functions, thus subject to civil service laws and not
labor laws on collective bargaining. — Ministrant: public works, public education, public charity, health and safety
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regulations, and regulations of trade and industry; functions optional on the part of the
government

Due to the growing complexities, the constituent-ministrant classification is unrealistic
and obsolete. Loss of well-defined boundaries. The government MUST undertake or
absorb certain activities to meet the increasing social challenges of our times towards a
greater socialization of economic forces.

Objection to the constituent-ministrant classification is objection to the laissez faire
concept. American jurisprudence reflected the laissez faire concept in its interpretation
of the due process clause: industrial property right.
• Implication: contraction of the sphere where governmental entry was
permissible
• The object was to protect property even if thereby the needs of the general
public would be left unsatisfied.

Our constitution which took effect in 1935, upon the inauguration of the
Commonwealth of the Philippines, erased whatever doubts there might be on that
score. Its philosophy is antithetical to the laissez- faire concept. Social Justice principle
recognizes the vital role of government in this sphere. (Big Government)
Right of Privacy
(22)
Ermita-Malate Ordinance in Manila requiring hotel and motels Two types of privacy:
Hotel & Motel operators to fill up a prescribed form in the lobby of 1. Informational (What can you retain)
Operators Ass’n, the personal details of its customers and making it 2. Decisional
Inc. v. Mayor of unlawful for owner to lease a room more than twice
Manila, 20 SCRA every 24 hours Ordinance held constitutional. It was precisely enacted to minimize practices hurtful
849 to morals: alarming increase in rate of prostitution, fornication because motels
provide an atmosphere of clandestine entry, presence and exit.

Policy of laissez faire is not unbridled license but liberty regulated by law; not arbitrary
or oppressive when there is correspondence between undeniable situation and
legislative attempt at correction.
Ople v. Torres, Administrative Order adopting a National AO unconstitutional.
G.R. No. 127685. Computerized ID system - Deals with a subject that should be covered by law
July 23, 1998. - Does not state what specific biological characteristics, limitations to
information will be included in coverage
- Does not tell in clear categorical terms how information will be handled thus,
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invitation for misuse


- Lacks proper safeguards and gives government power to compile a dossier
against unsuspecting citizens

Right to privacy does not bar all incursions to individual privacy. It does not intend to
stifle technology to enhance public service but merely requires that law be narrowly
focused and a compelling interest justify such.

Any invasion of individual privacy will be subject to strict scrutiny.
Kilusang Executive order requiring all government agencies and EO constitutional.
Mayo Uno v. The GOCCs to streamline and harmonize their ID system - Based on existing laws
Director General - Narrowly limits data that can be collected to 14 routine categories and has
NEDA, G.R. No. strict safeguards to protect confidentiality of data.
167798, 19 April - Not compulsory, only for executive agencies and their clients
2006.
City of Manila Victoria Court sues Lim’s ordinance prohibiting the Ordinance unconstitutional.
v. Laguio, G.R. No. establishment of business providing entertainment The means (prohibition) were unreasonable and oppressive.
118127, 12 April where women are used as tools which 1) disturb the - The establishments (motels being one of those included) are lawful pursuits
2005. community, 2) annoy the inhabitants 3) affect social- and are not per se immoral, but amoral. The deplorable human activity that
moral welfare. may occur within its premises is what is immoral.
- 3 months to wind up business operations or transfer - The Council should instead regulate human conduct that occurs inside
outside Ermita area through prosecution if needed, but not to the detriment of privacy and
liberty.
- Motel patrons who are single and unmarried may invoke their right to
autonomy to consummate their bonds in intimate sexual conduct within the
premises. Their consensual sexual behavior does not contravene any State
policy. Adults have a right to forge such in the confines of their own private
lives and still retain dignity as free persons.
White Light Ordinance in Manila prohibiting short time admission Ordinance unconstitutional
Corporation v. City (wash rates and renting out rooms more than twice a Desirability of ends to eliminate illicit sex, prostitution and drugs do not sanctify any
of Manila, G.R. No. day). and all means for their achievement.
122846, 20 January - Rights of their patrons who would avail as lodging affected.
2009. - Rashly equates wash rates with immorality without accommodating
innocuous intentions
- Less intrusive measures available: active police work and strict enforcement
of existing laws
rd
- Jus Tertii: 3 party standing
- The State is a leviathan that must be restrained from needlessly intruding into
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the private lives of its citizens


Interference with private rights: public purposes and means reasonably necessary for
the accomplishment of that purpose
Social Justice Comprehensive Dangerous Drugs Act requiring Students and Employees: allowed
Society v. random drug tests to students and employees of - Safeguard health and wellbeing
Dangerous Drugs public and private office while mandatory drug tests - Random and suspicionless
Board, G.R. No. for candidates and persons charged before a - Reduced privacy expectation
157870, 3 prosecutor with crimes of 6+ years penalty - Mechanics: no one singled out, taken under private and dignified conditions,
November 2008. confirmatory test for trustworthiness, confidential results

Persons accused of crimes: not allowed
- No longer randomly picked and beyond suspicion
- Singled out and impleaded, forced to incriminate themselves because tool for
criminal prosecution.

Candidates: not allowed (Sir think should have been constitutional because reasonable
not a positive qualification, only a negative disqualification)
- Consti has specific requirements; cannot add
The right to privacy means the right to be free from unwarranted exploitation of ones
person or from intrusion into ones private activities in such a way as to cause
humiliation to a persons ordinary sensibilities
Anonymous v. Utility worker of RTC charged with immorality for Complaint dismissed because unrelated to the nature and character of the position.
Radam, A.M. No. P- being unmarried but pregnant and that such tainted - Constitutional right to privacy must be upheld even if behavior is frowned
07-2333. 19 the image of the judiciary. upon by the majority
December 2007. - Consensual sexual activity between 2 unmarried persons is not penalized by
law. Disgraceful and immoral conduct consists of having extra-marital affair
with a married person.
Castillo- Legal wife sues court stenographer/former bestfriend Contracting marriage with someone already married constitutes disgraceful and
Casiquin v. for marrying, cohabiting with her husband and immoral conduct. But since first offense, suspended only.
Cansino, A.M. No. bearing two - Case here to compare with Radam.
P-06-2240, 12 April
2007.
Duncan Tecson was a Glaxo medical representative who after Complaint dismissed.
Association of reminders and offers to transfer claimed he was Glaxo had a genuine interest in ensuring that employees avoid activity that may
Detailmen-PTGWO constructively dismissed for marrying a marketing deprive it of legitimate profit. It can prevent a competitor company from gaining
v. Glaxo-Wellcome supervisor in the competitor company. Glaxo had a access to its secrets, procedures and policies. (Business confidentiality)
Philippines, Inc. policy in the contract of employment to disclose - Not an absolute prohibition against marriage but avoidance of conflict of
438 SCRA relationships of consang/affinity posing possible interest. An employee’s personal decision does not detract the employer
CARILLO | D2020

conflict of interest. from exercising management prerogatives for business success.


- Sir: not that they don’t trust their employees but the fact of marriage by
nature of such relation creates the risk of leakage which they have a right to
suppress.
Silverio v. Rommel Silverio seeking change in name and sex for A change in name is a privilege, not a right.
Republic, G.R. No. his birth certificate. He is a transsexual who has - Change in name allowed for clerical errors or if ridiculous, causing confusion
174689. October 19, undergone sex reassignment. or of habitual use (Sir: criteria could have been argued for plaintiff)
2007. - Change in sex is determined as they existed by birth. Does not sanction sex
reassignment.
Notably, TC granted because it will bring him the realization of his dreams and
happiness, without injury or harm to the community anyway.
Republic v. Jennifer Cagandahan was born intersex because she Granted unlike in Silverio.
Cagandahan, G.R. has Congenital Adrenal Hyperplasia. Petitions a Rule that determination of sex done at birth cannot be done in this case. Due to her
166676, 12 change in birth certificate also. biological condition which she just allowed to naturally develop, her gender can only
September 2008 be determined upon age of majority.
Griswold v. Planned Parenthood Executive Director convicted of Statute unconstitutional. (Judicial Legislation here)
Connecticut, 81 law criminalizing provision of medical treatment to Though the Constitution does not explicitly protect a general right to privacy, the
U.S. 479 (1965) married persons for preventing contraception. various guarantees within BOR create penumbras or zones that establish a right to
privacy—such as the right to privacy in marital relations.
- Forbidding the use of contraceptives rather than regulating their sale or
manufacture seeks to achieve goals by means having maximum destructive
impact.
- Would we allow the police to search the sacred precincts of marital
bedrooms for signs of the use of contraceptives? The idea is repulsive.
Eisenstadt v. Lecturer convicted for giving a young woman a pack of Statute unconstitutional.
Baird, 405 U.S. 438 vaginal foam which was against law prohibiting the - No real health purpose. Really a moral legislation to regulate private sex lives
(1972) giving away of any article of contraception. of the single to discourage pre-marital sex
- Right of access must be same for the married and unmarried
- Right privacy is right of the individual (married/single) to be free from
intrusion into fundamental matters affecting the person.
Loving v. Virgina law banning interracial marriage (White and Unconstitutional.
Virginia, 388 U.S. 1 another race) The freedom of choice to marry cannot be restricted by invidious racial discrimination
(1967) (legislative purpose was to prevent corruption of blood, preserve racial integrity aka
white supremacy)
Boddie v. Connecticut law requiring payment of court fees as a Right to access courts for divorce is exclusive precondition to adjustment of
Connecticut, 401 condition to obtaining court relief for divorce fundamental human relationship. (Right to associate and disassociate)
U.S. 371 (1971) - Prevention of frivolous litigation, conserve the court’s time and protect the
CARILLO | D2020

parties can be achieved by other means.


- Denial of opportunity to be heard when it is the judicial proceeding which is
the only avenue/effective means to dissolve marriage.

Zablocki v. Wisconsin statute requiring residents to get court Unconstitutional.
Redhail, 434 U.S. order/permission to marry if having a minor with Purpose of providing welfare to out of custody children through an incentive system
374 (1978) obligation to support can be achieved through other means that do not impinge on the right to marry.
- Some in the class will never be able to afford a court order thus being an
absolute prohibition. Even those that can suffered a serious intrusion already
- Over-inclusive because may only result in more illegitimate children
Turner v. Missouri prison ban on correspondence between Ban on correspondence allowed.
Safley, 482 U.S. 78 inmates except for family members and allowing - Reasonably related to legitimate penological interests. Content neutral rule
(1987) marriage between inmates only for pregnancy/birth of given written codes not readily detectable, problem of prison gangs and
illegitimate children overall safety of guards and prisoners
Marriage rule not allowed
- Although the right to marry is subject to substantial restrictions as a result of
incarceration, emotional support can still be give. Officials can regulate time
and circumstances of ceremony but cannot exercise excessive paternalism on
females for “abusive psychological tendencies”
Roe v. Wade, Texas statute making it a crime to get an abortion Liberty includes woman’s right to choose to terminate her pregnancy but this is not an
410 U.S. 113 (1973) except for purposes of “saving the mother” absolute, unlimited right to do with one’s body as one pleases.
- Qualified by state interests of protecting the health of the mother and the
potential human life
- Trimester Framework
- 1st: Mother is free to determine
- 2nd: Regulations relating to woman’s health
- 3rd: Regulations pertaining to potential life of child (viability)
Planned Pennsylvania Abortion Control Act Trimester framework is too rigid so abandoned.
Parenthood v. State should not be prohibited from taking steps to ensure thoughtful and informed
Casey, 505 U.S. 833 choice.
(1922) - May enact regulations to encourage her to continue pregnancy through
knowledge about procedures and institutions for assistance/adoption;
measures ensuring that her choice contemplated the consequences
- Undue Burden Standard: Regulations that create a substantial obstacle to
the woman’s exercise of her right to choose is not permitted, otherwise
regulation is allowed.
- Informed consent requirement poses no undue burden because allows
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period of reflection for important information received.


- Spousal notification is an undue burden because does not account for
women who are victims of sexual abused who may not report. Husband
cannot wield an effective veto because the State may not give a man
dominion over his wife
Lawrence v. Lawrence and Garner caught by police in their Homosexuals may seek autonomy and dignity just as heterosexuals do.
Texas, 539 U.S. 558 apartment having sex; convicted for ‘deviate sexual Liberty includes protection of adults in deciding how to conduct their private lives
(2003) intercourse’ for having anal sex with the same sex. pertaining to sex because it is one of the most intimate and personal choices. Sexuality
finds expression in intimate conduct with another person
- They were adult and consenting
Cruzan v. Missouri law: Surrogate may act in electing Procedural safeguard constitutional
Director, Missouri withdrawal of feeding and hydration equipment of a - Cannot reply on family decision-making
Department of vegetative patient if can prove by clear and convincing - There is liberty interest in refusing unwanted medical treatment but must be
Health, 497 U.S. evidence that this is in conformity with wishes of balanced with state interest of protecting and preserving human life.
261 (1990) competent patient
Washington v. Washington statute prohibiting assisted suicide Allowed but not required
Glucksberg, 521 Right to die included in ‘Liberty’
U.S. 702 (1997) - Serious public-health problems, incompatibility with physician’s role, abuse
and neglect of elderly and poor, broad license for euthanasia: why not
similar protection to refusal of treatment
- Case different because doctors were raising the issue; economic
motivations; would have been different if petitioned by terminally-ill
patients
Equal Protection
Clause (17)
United States Filled Milk Act banning shipment of skimmed milk Case important for Footnote : Government standard for the determination of weight
v. Carolene compounded with any fat or oil other than milk to to be given in judicial review
Products, 304 U.S. secure minimum nutritive elements and protect from - Strict scrutiny or rationality standard
144 (1938) footnote fraudulent substitutions - Narrower scope of presumption of constitutionality when legislation appears
4. on its face to be within specific prohibition of the Constitution.
• Those which restrict political processes (right to vote, dissemination of
information, political organizations, peaceful assembly)
• Those directed at discrete and insular minorities (religious, racial, IPs,
foundlings)
People v. Act making it unlawful for any native to buy, have in Statute constitutional.
Cayat, 68 Phil. 12 possession, drink any spirits/intoxicating liquors, other Reasonable classification standard against an equal protection clause violation:
(1939) than the native wines the tribes are already 1. Must rest on substantial distinctions: degree of civilization and culture
CARILLO | D2020

accustomed to prior. 2. Must be germane to the purposes of the law: insure peace and order because
free use of highly intoxicating liquors by non-Christians have often resulted in
lawlessness and crimes
3. Must not be limited to existing conditions only: Legislature understood that
civilizing a people is a slow process that needs measures of security
4. Must apply to all members of the same class: discounted the argument that there
are already civilized non-Christians. Ultimate end of placing them with their
Christians brothers as “basis of true equality”
De Guzman v. Section 44 of Voter Registration Act mandating that Statute constitutional
COMELEC, 336 no election officer shall hold office for more than 4
SCRA 191 (2000) years, otherwise automatic reassignment Does not single out city and municipality election officers. Classification is germane to
the purpose of breaking an important link in the chain of corruption, because without
the complicity of such highest officials, large scale anomalies in registration of voters
can hardly be carried out.

The Legislature is not required to enact ‘all or none policies’ to comply with EPC
Dycaico v. SSS denied the claim for survivorship pension of Elena “Upon the death or the retired number, his primary beneficiaries as of the date of his
Social Security because at the time of Bonifacio’s retirement, they retirement shall be entitled to receive the monthly pension.” Invalid
Service, 476 SCRA were still common-law spouses. Only after retirement - Results in the classification of dependent spouses into those marriage prior
538 (2005) and months before death did they legally marry. to retirement of employee and those after even if both groups are legitimate
spouses entitled to spouse’s property rights
- SIR: Should have been constitutional because bigger policy assumption of
the spouse providing support to the wellbeing of the employee while
productive to the SSS which entitles her to the pension for life
- Unfairly lumps all these marriages as sham relationships or contracted solely
for the purpose of acquiring benefits as a conclusive presumption.
Yrasuegui v. PAL international flight attendant eventually Weight standards constitute a continuing qualification of an employee. Legal dismissal
Philippine dismissed for non-compliance with Cabin Crew Admin but separation pay (illness/disability argument did not hold; weight attributed to lack
Airlines, G.R. Manual requiring an ideal weight, despite multiple of willpower and discipline)
No.168081, 17 reminders, check-up requirements and offers to see a - Balanced against the interest of air safety for common carriers, especially in
October 2008. physician. emergency situations, requiring mobile and strong cabin members
Equal protection guarantee erects no shield against private conduct, however
discriminatory or wrongful. Private actions cannot violate the EPC.
Ang Ladlad v. Refusal to accredit Ang Ladlad as a partylist Moral disapproval of an unpopular minority is not a legitimate interest (Especially
COMELEC, G.R. organization on the basis of moral grounds even if since no laws criminalizing gays for being gays)
No. 190582. April 8, they submitted and complied with Bagong Bayani Selective targeting; was just a statement of dislike or disapproval of homosexuals
2010. requirements. The Court is not prepared to single out LGBT as a class in themselves meriting
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special/differentiated treatment but the Court grants them this petition so that they
be recognized as all other groups similarly situated.
Brown v. Minors of the Negro race seeking admission to public Plessy v Fergson separate but equal doctrine overruled.
Board of schools on a non-segregated basis. - Equality in races when provided the same facilities, even though these
Education, 347 U.S. facilities be separated.
483 (1954) Segregation solely on the basis of race, even though the physical facilities and other
tangible factors may be equal deprive children of minority groups equal protection
opportunities.
- Detrimental effect upon colored children denoting inferiority and affecting
their motivation of a child to learn unlike in integrated systems
Romer v. Amendment 2 of the Colorado Constitution: “No Defense: puts them in the same position as everyone else by denying them special
Evans, 517 U.S. 620 Protected Status Based on Sexual Orientation” rights? No.
(1995) At the minimum, repeals existing statutes that barred
discrimination based on sexual orientation. At the Violates the EPC: identifies persons by a single trait and then denies them protection
ultimate, prohibits any government entity from acorss the board
adopting protective statutes. 1. Undifferentiated disability on a single named group—forbids what others
enjoy; deprives gays even the protection of general laws prohibiting arbitrary
discrimination
2. No rational relationship to legitimate state interests—only purpose was to
disadvantage a group/animosity
Washington v. Test 21, a qualifying test to applicants for police Constitutional
Davis, 426 U.S. 299 officers in Columbia, allegedly excluded a
(1976) disproportionately high number of Negro applicants The central purpose of the EPC is the prevention of official conduct discriminating on
the basis of race.
- Purpose to discriminate must be present and can be proven by systematic
exclusion or unequal application of the law to show intentional
discrimination
- The invidious quality of a law claimed to be racially discriminatory must
ultimately be traced to a racially discriminatory purpose.
- Disproportionate impact is not irrelevant, but is not the sole touchstone of
an invidious racial discrimination forbidden by the Consti
Grutter v. University of Michigan Law School has and admissions Diversity as a compelling state interest but racial or ethnic origin one of, single though
Bollinger, 539 U.S. policy that includes an essay about how applicant important factor; should only be as a plus in the applicant’s file but not as defining
306 (2003) contributes to diversity, along with personal feature.
statements, letters of recommendation, GPA and LSAT - State interest because there are educational benefits produced by including
score cross-racial understanding and breaking down of stereotypes
- Quotas and separate admission tracks not allowed, violate EPC
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- But narrow tailoring of admissions policy allowing individualized holistic


review does not offend the EPC.
Gratz v. University of Michigan undergraduate admissions Unlike Grutter, not narrowly tailored to achieve diversity interest
Bollinger, 539 U.S. policy automatically awards 20 points needed if - Does not provide individualized consideration even if administratively
244 (2003) applicant comes from underrepresented minority challenging
- May only be deemed as a plus in a particular applicant’s file
- No single characteristic can automatically ensure; it can be considered but
should not be decisive
Obergefell v. Legalizing gay/same-sex marriage Marriage laws enforced are in essence unequal: same-sex couples are denied all the
Hodges, 576 U.S. __ benefits afforded to opposite-sex couples are barred from exercising a fundamental
(2015) right.
- Imposition of this disability on gays and lesbians serves to disrespect and
subordinate them
- Being married in one State but having that valid marriage denied in another
is one of the most perplexing and distressing complication in the law of
domestic relations.
Kwong Sing v. Ordinance requiring receipts in duplicate in English & Constitutional.
City of Manila, 41 Spanish showing kind, number of articles delivered by - Applies to all without distinction of nationality
Phil. 103 (1920) laundry establishments to protect customers from - Ordinance not oppressive 1) printing is cheap, 2) few vocab words by
being defrauded. Chinese laundrymen do not employees sufficient, 3) numbers in Arabic
speak/read/write in English/ Spanish

th
Yick Wo v. Ordinance vesting in Board of Supervisors power to Famous doctrine: “The 14 Amendment is not confined to protection of citizens but
Hopkins, 118 U.S. approve or withhold assent on use of wooden to all persons, universally, without reward to race, color, nationality.”
356 (1886) buildings as laundries for the protection of the public Unconstitutional
against fire. - Subject to the naked and arbitrary power and pleasure of the Supervisors
and creates two classes: those permitted to use and those whose consent is
withheld for whatever reason
- Consent is withheld from 200 Chinese subjects while non-Chinese are
permitted to carry under the same circumstances—Hostility to race and
nationality
Yu Cong Eng Chinese Bookkeeping Act making it unlawful to keep Unconstitutional.
v. Natividad, 47 account books in any other language other than Chinese merchants deprived of something indispensable to carrying on of their
Phil. 385 (1925); English, Spanish, local dialect. Yu Cong Eng keeps his business—obviously intended chiefly to affect them as distinguished from rest of
and 271 U.S. 500 account books in Chinese because cannot understand, community.
(1926) speak and read English and hiring a translator would
deprive him of personal supervision of his business. Liberty may not be interfered with under guise of protecting public interest for
CARILLO | D2020

He is thus left in total ignorance or exposed to fraud otherwise lawful occupation.


- It would be oppressive and arbitrary to prohibit all merchants from maintain
set of books in the Chinese language preventing them from keeping advised
of the status of their business and directing its conduct.
Ichong v. Act to regulate retail business prohibiting non-citizens Plainly irrational discrimination against aliens is prohibited but in some instances alien
Hernandez, 101 to engage in retail trade except those already existing race/allegiance may bear relation to legitimate legislative object as to be made basis
Phil. 1155 (1957) and entities of the US. of permitted classification after appraisement of local conditions.

Purpose: control and dominance of alien retailers EPC does not demand absolute equality. Equal treatment under like circumstances: 1)
applies alike to all persons within class ; 2) reasonable ground for distinction

Distinction based on alienage allowed
- No regard, sympathy, loyalty to Filipino customers
- Never really makes contribution to national income; profit gained not
invested in industries for national wealth.
Korematsu v. Korematsu was American citizen of Japanese descent Exclusion based on government interest of national security.
United States, 323 who violated Civil Exclusion Order 34: persons of - Necessarily deemed by congressionally-vested authority to military leaders
U.S. 214 (1944) Japanese ancestry should be excluded from military because of presence of unascertained number of disloyal members because
area for the protection against sabotage and it was impossible to segregate
espionage. - Compulsory exclusion of large groups not allowed but under modern
warfare where shores are threatened by hostile forces
- Korematsu was not excluded because of hostility to his race but because
they were at war with the Japanese Empire.
Poe- J
Llamanzares v.
Comelec, G.R.
No.221697, 8 March
2016.

The Religion Clauses (23)
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Everson v. Board Issue: That the statute forces inhabitants to pay taxes to help support schools dedicated to teach the
of Education, 330 U.S. A New Jersey law authorized a Catholic faith, thereby establishing religion.
1 (1947) reimbursement scheme that benefits
parents of students of public and Non-Establishment Clause:
parochial schools that take public - Rescue of temporal institutions from religious interference
transportation when going to school. - State to be neutral in its relations with believers and non-believers
- Does not require it to be an adversary nor should handicap or favor any one religion.
- No setting up of a church or passing laws that aid one religion
- No aiding all or preferring of one religion
- No tax to support any religious activity
- No forcing a person to remain in church or profess a belief
- No punishment for entertaining certain beliefs

Free-Exercise Clause:
- Rescue religious liberty from invasion of civil authority
- State cannot hamper its citizens in the free exercise of their own religion by excluding individuals
because of their faith or lack of it from receiving benefits.

Spending tax-raised funds to pay bus fares of parochial school pupils as part of the general program
of paying for attendance of children to schools is not violative of religion clauses.
- It does no more than provide a general program to help parents get their children to school safely,
expeditiously, regardless of religion.

Rosenberger v. A State University refused to fund a Content Discrimination: permissible if it preserves purposes of a limited forum.
Rector, 515 U.S. 819 student initiated publication about Viewpoint Discrimination: impermissible if directed against speech within the forum’s limitations.
(1995) Christian philosophy. - By the very terms of the SAF Guidelines, the University does not excluded religion as a subject
matter but disfavored treatment is subject to those with religious editorial viewpoints (sensitivity
and tolerance to Christian viewpoints on racism, pregnancy, homosexuality, eating disorders)
- Distinction was already made between university’s own favored message vs private speech of the
students (disclaimer)

Whether the establishment clause compels a student university to exclude an otherwise eligible
student publication from participation in student activities fund, solely on the basis of religious
viewpoint? No.
- Viewpoint discrimination as an analytical tool is for free speech not religion
- SAF is a neutral government program. There was no suggestion that the University created it to
advance a religious cause.
- SAF is not a tax levied in direct support of a Church, which is what is banned by the Establishment
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clause.
- Student group did not seek subsidy for its religious cause but for its being a student publication.
Sherbert v. Sherbert was a Seventh-Day Adventist The Sherbert Test (For Free Exercise Violations)
Verner, 374 U.S. 398 who was denied unemployment A. Whether the government burdened the individual’s free exercise of religion
(1963) benefits because she refused to work - Forces her to choose between receiving benefits and abandoning beliefs
on Saturdays. (Unemployment benefits - Conditions availability of benefits upon willingness to violate cardinal principle of religious faith
were not given to employees who B. If there is a compelling state interest that justifies the infringement
accept suitable work when offered. In - Possibility of fraudulent, unscrupulous claims feigning religious objections to dilute the fund does
Sherbert’s case, she refused a job offer not justify infringement.
because it required her to work during C. If there is no alternative form of regulation
Saturdays)
Wisconsin v. The way of life of the Amish is not merely a matter of personal preference but of deep religious
Yoder, 406 U.S. 205 Amish students stopped attending conviction.
(1972) school after they finished eighth grade - De-emphasis on material success and rejection of competitive spirit. Manual work in the
(14 years old) because of their parents’ community.
religious beliefs. Parents were charged - They have a record of being law-abiding and generally self-sufficient members of society
with violation of Wisconsin’s
compulsory attendance law which Wisconsin law is unconstitutional because it compels them, under threat of criminal sanction, to
requires them to attend until they are perform acts undeniably at odds with the fundamental tenets of their religion
16. - Forced to either abandon or be assimilated into society (Free Exercise trigger)

The compelling state interest of compulsory education of the children and the State as parents partriae
must give way to the Amish religious practice since there was proof that their long-established
vocational education program is effective anyway.

SIR: but the decision lacks the welfare analysis of the children; only religious right of parents
Bob Jones Bob Jones University was a Tax exemption granted to “charitable purposes.”
University v. United fundamentalist Christian school that - Charitable purpose: must not be contrary to public policy and must serve a public purpose
States, 461 U.S. 574 forbade interracial dating and - Must promote well-being and doing of a social man.
(1983) marriage, otherwise expulsion. The - Based on congressional intent: it is already against public policy to subsidize racial discrimination
Internal Revenue Service revoked their in education
tax-exemption status for being a
private school that practiced racial The Legislature may limit religious liberty for overriding governmental interest of removing racial
discrimination. discrimination.

Employment Smith and Black were fired from their Smith’s Argument; When otherwise prohibitable conduct is accompanied by religious beliefs, not only
Division v. Smith, 494 jobs in a drug rehabilitation clinic and convictions but also the conduct itself should be free from government regulation.
U.S. 872 (1990) subsequently denied unemployment
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compensation because they ingested Individual’s religious beliefs does not excuse him from compliance with valid law prohibiting conduct.
peyote, a hallucinogenic drug which is He still has a duty to obey a general law not aimed at promotion or restriction of religious beliefs.
used in their religious rituals as Native
Americans. Government’s ability to enforce generally-applicable laws and prohibitions of socially harmful conduct
cannot depend on measuring its effects to a religious objector’s spiritual development.
As per Oregon law, ingesting peyote
was prohibited.
Zorach v. New York City’s “Released Time No violation of free exercise clause
Clauson, 343 U.S. 306 Program” allows the release of public - No one is forced to go or to take religious instruction because the instruction is not brought to
(1952) school students during school hours to the classroom.
go to religious centers for instruction or
devotional exercises. No violation of non-establishment clause
- Not to be held in public classrooms - All that is done is the adjusting of the schedule to accommodate public service to spiritual needs
- No public funds used by cooperating with the religious institutions
- Through the written request of - Follows traditions or religious people believing in a Supreme Being
parents
- With monitoring mechanisms The Constitution does not require that Government be hostile to religion, rather neutral.
- Program was an accommodation only of outside religious institutions.

SIR: But the program provides a crucial assistance/great advantage to religious parents. Of course, this
is still moderate compared to PH which has consti provision allowing instruction inside.
Abington School A Pennsylvania state law required The State cannot force a person to profess a belief or disbelief in a religion. It cannot pass laws that
District v. Schempp, students to read 10 verses of the Holy impose requirements which aid all religions against non-believers nor can it aid those religions based
374 U.S. 203 (1963) Bible and recite the Lord’s Prayer on a belief in the existence of God as against those religions founded on different beliefs.
during Homeroom. But students were
excused from attending upon written The Establishment Clause is violated by the enactment of laws which establish an official religion
request of the parents. Schempp whether these operate directly to coerce non-observing individuals or not. When the power, prestige
parents did not opt to excuse their and financial support of the government is placed behind a particular religious belief, the indirect
children because this would adversely coercive pressure upon religious minorities to conform to the prevailing officially approved religion is
affect relationships with students and plain.
teachers. Instead, they sought to stop - The Free Exercise and Establishment Clause may overlap but distinction lies in that a violation of
enforcement of the statute. the Free Exercise Clause is predicated on coercion.

The reading of such prayers as an opening exercise is a religious ceremony, prescribed as part of the
curricular activities of the school, conducted under the supervision and participation of teachers. –
Violation of the Establishment Clause.
Lee v. Weisman, A principal from Rhode Island invited a Lemon Test used. (For Establishment Violations)
505 U.S. 577 (1992)
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non-sectarian rabbi to deliver a prayer/ 1. Government Involvement was pervasive to the point of creating a state-sponsored religious
benediction in a graduation ceremony. exercise in a public school.
A parent filed an injunction to bar the - The choice of an invocation and of who the religious participant will be was by the principal and
rabbi from speaking at the graduation therefor attributable to the State.
ceremony. - The potential for divisiveness over the choice is apparent.
2. Effect was to produce a prayer to be used in a formal religious exercise which students, for
all practical purposes are obliged to attend.
- The State has in every practical sense compelled attendance and participation in an explicit
religious exercise at an event of singular importance to every student, one which an objecting
student had no real alternative to avoid.
3. Purpose of making meaningful such an occasion by recognizing that human achievements are
to be understood with their spiritual essence is an interest that can be permitted by forcing
students to choose between compliance or forfeiture of graduation.
Stone v. Graham, Constitutionality of a Kentucky statute Lemon Test used. (For Establishment Violations)
449 U.S. 39 (1980) requiring the posting of The Ten 1. Secular legislative purpose.
Commandments were purchased with - Promotion of moral values, contradiction of material trends, teaching of literature was declared
private contributions and posted on the purpose when real one is undeniably religious: the promotion of a sacred text of the Jewish and
wall of each public classroom Christian faiths.
2. Effect that neither advances nor inhibits religion
- First part of the commandments is apparently, blatantly religious.
- Does not make for a comparative curriculum.
- Induces school children to read, meditate and obey.
3. Excessive administrative entanglement
- No defense of minor encroachment even if private contributions because mere posting already
implies official support.
Epperson v. Arkansas law making it unlawful to Fundamentalist sectarian purpose: attempt to blot out a particular theory for being in conflict with
Arkansas, 393 U.S. 97 teach the theory that mankind the Biblical account
(1968) ascended or descended from lower - The fact that it selects a segment of body of knowledge and proscribes it for the sole reason that
order animals (Theory of Evolution) it conflicts with religious dogma violates the Establishment clause.

Just to teach the theory would have
been grounds for a teacher’s dismissal
Edwards v. A Louisiana statute forbade the Secular purpose of “providing a more comprehensive science curriculum protected by academic
Aguillard, 482 U.S. teaching of the Theory of Evolution in freedom” is a sham, not sincere.
578 (1987) public schools unless accompanied by - But no flexibility afforded really because no similar protection for teachers who choose to teach
instruction in the Theory of Creation evolution or other non-creation science theories
Science. If either is taught, the other - Teachers who were once free to teach and and all facets of the subject are now unable to
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must also be taught. Real purpose was to advance a religious viewpoint: to discredit evolution by counterbalancing its
teaching at every turn through creation science.

Kitzmiller v. Intelligent Design Policy makes Endorsement Test: effect, the purpose being derivative
Dover Area School students aware of the gaps and - Determine the message from the perspective of a reasonable, objective observer.
District, 400 F. Supp. problems of Darwin’s theory. - Using the historical and cultural background, the Court determined that the policy was passed
2nd 707 (M.D. Pa. - Offers textbook of Pandas and under the cloak of religious beliefs using scientific-sounding language
2005) People - Still biblical creationism

ID is not a science
1. Violates supernatural causation (testable hypothesis based on natural explanations)
2. Premised on false dichotomy that to the extent that evolutionary theory is discredited, ID is
confirmed.
3. Has not generated peer-reviewed publications nor has it been subject of testing and research.
The scientific community rejects the bases.

Lemon Test
- Purpose of “improving science education and critical thinking” also a sham
- No scientific materials, scientists and science organizations were consulted. The members of the
Board who passed the ID policy admitted that they still do not know what precisely ID is.
- Real purpose was to advance creationism still.

Lynch v. Pawtucket display comprises of many Lemon Test:
Donnelly, 465 U.S. figures and decorations traditionally 1. Secular Purpose
668 (1984) associated with Christmas. - Display is sponsored to celebrate the Christmas holiday and display the historical origins of a
- At issue was the crèche (Nativity traditional event.
Scene) included in the display. - No evidence that inclusion of crèche is surreptitious effort to express advocacy of areligious
message.
2. Effect
- Merely happens to coincide or harmonize with religious tenets
- Only indirect, remote, incidental benefit to a religion (same as religious paintings in a museum)
3. Excessive Entanglement
- No contact with church authorities re content and design
Allegheny County Constitutionality of two recurring Creche – unconstitutional
v. American Civil holiday displays located on public - Occupied a substantial amount of space making it center of attention
Liberties Union, 492 property in Pittsburgh: - Unlike in Lynch, no other figures were there and was not connected to any exhibit
U.S. 573 (1989) - As a single display, nothing detracts from its religious message of promoting Christian praise to
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1. a crèche depicting the nativity scene God


in the Grand Staircase of the
Courthouse Menorah – constitutional
- Message is not exclusively religious. Combined displays recognize Christmas and Chanukah as
2 18 ft Menorah outside the County winter, secular holidays
building next to the 45 ft Christmas tree - Salutation of liberty draws upon theme of light and nation’s legacy of freedom allowing Americans
to celebrate the season whatever way one wishes; actually recognizes cultural diversity.

Endorsement Test:
- Depends on context. Unlike in Lynch, which did not give a discernible measure between
permissible and impermissible endorsements (what is indirect, remote or incidental)
- Depends upon message: what viewers may fairly understand to be the purpose (In the case of a
display, then based on particular physical setting)
- If promotion or endorsement then, violative of the Establishment Clause.
Taruc v. De la The Philippine Independent Church’s Civil courts will not unduly intrude into matters of ecclesiastical nature.
Cruz, G.R. No. member, Taruc clamored for the
144801, 10 March transfer of their priest for an alleged - Doctrinal and disciplinary differences such as the power to exclude those unworthy of
2005. animosity between wife’s political membership are within the power of Church authorities.
party. Since bishop found the reason
too flimsy, did not cause the transfer.
Taruc organized open mass,
disobedience, inciting dissension and
threatening to forcibly occupy the
church. He was thus
expelled/excommunicated.

Re: Request of Muslim employees request: 1. Allowed
Musim Employees in 1. To hold office from 7:30-3:30 - Statutory basis under PD 322 and 291 recognizing Muslim holidays
the Different Courts without lunch and coffee breaks 2. Not allowed.
of Iligan City, A.M. during Ramadan. - No statutory basis
No. 02-2-10- 2. To be excused from work from 10- - Interest of general public for continuous government service overrides; enforcement of civil
2 every Friday because Muslim service rules should be uniform
Example of Prayer Day
accommodation Right to religious profession and worship
1. Freedom to Believe
2. Freedom to Act on One’s Beliefs: subject to state authority.
- Within police power to prevent practices inimical to society even if pursued out of sincere
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religious conviction.
Concerned Trial Judge Veneracion was charged with Sanctioned for delays but not for religious reasons.
Lawyers of Manila v. administrative case for misconduct for
Judge Veneracion, sharing the Word of God to those in Section 6, Canon 4 of the Code of Judicial Conduct grants freedom to judges to express their beliefs as
A.M. No. RTJ-05- quandary regarding the purpose of life. long as it does not interfere with judicial functions.
1920, 26 April He did not deny reading passages - Practice of reading verses is within the permissible exercise of religious freedom
during annulment, adoption and - Outpour of kind words by litigants disprove allegations that there was compulsion or imposition
criminal cases but defended that he of his beliefs.
only wished to remind that Bible is a
guide to conduct their lives.

Iglesiani Cristo Ang Iglesia ni Cristo TV Program was x- Although freedom of religion has a preferred status, freedom to act on one’s beliefs is subject to
v. Court of Appeals, rated by the MTRCB on the grounds of regulation where belief translates to external acts that affect public welfare.
328 Phil. 893 (1996) “offending and attacking against other - Religious liberty =/ civil immunity
religions which is expressly prohibited - Thus, MTRCB has power to screen, review and examine all TV programs.
by law”
The Board’s created ground of “attack against another religion” is void.
- Only grounds by law are “indecent, contrary to law and good customs”
- Attacks are mere criticisms of dogma of other religions. Religions are at war with each other. Non-
establishment clause requires the state to be neutral by not imposing a prior restraint on the
competition of religious views.
Estrada v. Escritor is the court interpreter of RTC. The public morality expressed in the law is necessarily secular. The religion clauses prohibit the state
Escritor, A.M. No. P- The complainant Estrada requested for from establishing a religion, including the morality it sanctions.
02-1651, 4 August an investigation of respondent for - Immorality in the Civil Service Law, RPC, Code of Professional Responsibility, Constitution always
2003 living with a man not her husband while in secular terms
she was still legally married and having
borne a child within this live-in Benevolent Neutrality
arrangement. Estrada believed that - Government policies that take religion specifically into account, not to promote the government’s
Escritor is committing a grossly favored religion but to allow individuals and groups to exercise their religion without hindrance.
immoral act which tarnishes the image - Although morality contemplated is secular, could allow for accommodation for morality based on
of the judiciary, thus she should not be religion, provided it does not offend compelling state interests.
allowed to remain employed. - Compelling State Interest Test: Does Escritor’s claim to religious freedom warrant the carving out
- Admitted she started living with of an exception from the Civil Service Law?
Luciano Quilapio, Jr. more than 20
years ago when her husband was still 1. Whether the right to religious freedom has been burdened? Yes.
alive but living with another woman. - Choosing between keeping her employment and abandoning her religious practice and family or
vice versa puts a burden on her free exercise of religion.
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- She is a member of the Jehovah’s


Witnesses and the Watch Tower 2. Whether there is sincerity in her religious belief? Yes
Society. - Secured the Declaration of Pledging Faithfulness 10 years before she entered the judiciary so not
- Executed a “Declaration of Pledging for the purposes of avoiding an administrative case only.
Faithfulness' in accordance with her - Not whimsically issued but to make their “union honorable before God and men”
religion which allows members of the - Practicing and Member in Good Standing of the Jehovah’s Witness as testified by ministers.
Jehovah’s witnesses who have been
abandoned by their spouses to enter 3. Whether the state interest justifies infringement? No.
into marital relations. The Declaration - Preservation of the integrity of the judiciary a high standard of morality and decency not
thus makes the resulting union moral compelling enough
and binding within the congregation all - Preservation of the institution of marriage and the family not compelling enough
over the world except in countries
where divorce is allowed 4. Whether regulation is least restrictive means? No.
- The OCA failed to demonstrate that the means employed is the least restrictive one.

SIR: The Government could have argued that no one requires her to be immoral. That the tenets of
the religion of Jehovah’s Witness simply allows such conduct but does not impose it doctrinally. Thus,
religious freedom not hampered.

ALSO: Alternatively, the case could have been resolved in light of her sexual conduct not being part of
or directly related to her job.
Imbong v. Ochoa GR Facial challenge of the RH Law: Unconstitutional Constitutional
204819 Planned Parenthood and Reproductive - Section 3.01 of the IRR should be invalidated - Right to life: That only contraceptives that do
Health Act because it added the word “primarily” which not prevent implantation of fertilized ovum are
insinuates that only those contraceptives that allowed. Actually proscribes abortion.
have a primary action of causing abortion are Whatever stage conception starts, clearly
disallowed, but those who have secondary mandates protection from fertilization until its
action of evoking the same effect can be travel to the uterus for implantation.
permitted.
Freedom of Religion - Right to Health: No unmitigated proliferation
- Section 7, 23, 24 mandate a medical because sale, distribution and dispensation will
practitioner who is a conscientious objector to still require prescription of a licensed physician
refer the person to another healthcare after FDA approval that it is safe and non-
provider, in case he cannot perform. He is abortificient.
compelled to perform an act against his beliefs
(like aiding and abetting an abortion still). It is a - Right to Academic Freedom: Any attack on
false compromise because it still makes pro-life the validity of the RH curriculum to be
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health providers complicit in the performance implemented in schools is premature.


of an act they find morally repugnant. Because such materials have not been
rolled out.
SIR: But what is being sought are professional
services. Under the Hippocratic Oath, you are a
doctor and someone is seeking your scientific
expertise. Should be able to compartmentalize.

Freedom of Speech
- Section 24 mandates the dissemination of
information regarding reproductive health
programs and services. This violates right to be
silent.

Equal Protection Clause
- Section 5 mandates that public health
practitioners cannot be conscientious
objectors. This is discriminatory. Should be
applied to all medical practitioners without
distinction as to private/public.

Right to Privacy v Marriage Autonomy
-Spousal consent in case of married persons. In
case of disagreement, the decision of the
woman to undergo reproductive health
procedures like ligation prevails. The right to
found a family is shared by bot the spouses.
Depriving them of mutual decision-making
intrudes into marital privacy and autonomy.
Similarly, exempting a minor already a parent
or already with miscarriage experience from
parental consent requirements is anti-family.

SIR: Misses the public policy rationale behind
the minor exemption. No more need to protect
because the problem that was being prevented
already happened.

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SIR: Although these provisions were


invalidated, the entire RH was still declared
constitutional. Realistically, the RH advocates
still won because those stricken out have no

bearing in practice.
Re: Letter of Tony Valenciano complained about the No endorsement or establishment of the Roman Catholic religion.
Valenciano A.M. 10-4- holding of masses during lunch break at - Policy of Accommodation/Benevolent Neutrality: recognition of the reality that some
19-SC, Mar 7, 2017 the basement of the QC Hall of Justice. governmental measure may not be imposed on a certain portion of the population for the reason
- Religious icons that these measures are contrary to their religious beliefs. As long as it can be shown that public
- Electric organ and other items welfare is not impaired, no unconstitutional encroachment.
related to the Mass - Holding religious masses at the basement is nothing more than an issue of whether said religious
- Choir rehearsals practice could be accommodated or not.
- Lavatories inaccessible because - Balanced against the state interest of disrupting the delivery of public service and performance
near the basement of official functions of the judiciary. (Not compelling enough)
1. No law or circular mandating that all judicial employees attend mass
2. Judiciary employees attend at their own initiative
3. No government funds are spent because lights and aircon continue to be operational even if
no mass conducted
4. Basement was not converted into a Roman Catholic Chapel. It is not a permanent
appropriation for the exclusive use of Catholics; only incidental consequence of primary
purpose of it being a public holding.
5. Only held on lunch breaks, does not affect government service time.
6. Has not prejudiced other religions--- Muslims allowed to pray in their seats inside their own
offices, etc.

Search and Seizure
Clause (10)
Stonehill v Diokno Petitioner businessmen’s offices and Injunction for the seizure of the offices not allowed because an objection to an unlawful search and
residences were searched. They filed an seizure is purely personal one, and cannot be availed of by third persons.
injunction arguing that the warrants - The documents seized in the offices belong to the corporations and only the executives can
were issued to fish evidence for the object, not the petitioners who were assailing in their individual capacities.
deportation cases filed against them.
Injunction for the seizure of their residences allowed because general warrants are not allowed.
A search warrant:
1. Be based upon probable cause: “violation of Central Bank, Tariff and Customs Laws, RPC” is
not specifying any offense or any particular acts.
2. Particularly describe the things to be seized: “documents and papers showing all business
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transactions” whether legal or illegal



Rationale: prevention of fishing expeditions.
SIR: Government cannot ask for something if it does not have anything in the first place. A search
warrant presupposes that the State already has basis against you, they just need to confirm what
they already know.

Consequence:
Exclusionary Rule: exclusion and therefore inadmissibility of evidence unlawfully seized.
Soliven v Makasiar Luis Beltran was sued by the President for YES: exclusive and personal responsibility of the judge to satisfy himself of the existence of probable
libel. He assails that his consti rights were cause.
violated when the RTC judge issued a 1. To evaluate the report and documents of the fiscal
warrant without personally examining 2. To disregard the report of the fiscal and require more evidence
complainant and witnesses to determine NO: The judge is required to personally examine the complainant and witnesses.
probable cause.
Judges are for hearing and deciding. The investigating can be done by the fiscal/prosecutor
Since in this case, the judge followed the prescribed procedure, there was no GAD.
Lim v. Hon. Felix Petitioners were accused of crime of Whether a judge may issue a warrant without bail by simply relying on the prosecutor’s certification
multiple murder of the Congressman and that a probable cause exists? No.
his bodyguards in an airport
assassination. Warrants of arrest were Issuance of a warrant is a judicial function. Only a judge can satisfy himself of the existence of
issued by the judge by simply relying on probable cause.
the prosecutor’s certification. - By itself, the prosecutor’s certification has no effect. It is the reports, affidavits, transcripts of the
preliminary examination which are material.
The Judge: “Since complete in form and - But even then, the judge can 1) approve; 2) disregard the report and require more evidence.
substance, and there is no visible defect - There was no basis in this case, other than the certification which the judge could have relied on
on its face”, this Court finds it just and because he had no access to the documents themselves. They were in Masbate, he was in Makati
proper to rely on the prosecutor’s so he could not have lied that he referred to the documents and agreed on the certification of
certification in each information.” the prosecutor.

*Preliminary investigation for trial: prosecutorial function;
Preliminary examination to determine the existence of probable cause: judicial
Nolasco v Pano Aguilar-Roque, Nolasco and Tolentino Search warrant for the “subversive books and manuals not published publicly” was invalid
were accused of Rebellion. Aguilar - Vague description and not particularized
Roque’s house, which was a suspected - Absent a definite guideline for the searching team
house of the CPP/NPA was searched - Even portable typewriter and wooden boxes were seized
without a warrant.
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But did not need a search warrant. (Warrant of search incidental to a lawful arrest)
- That she has been charged with rebellion before, and not been served for a considerable period
of time (personal knowledge of the facts of the commission of the crime)
- She was arrested within the vicinity of her dwelling within half an hour of her arrest
People v Malmstedt Malmstedt was a Swedish national who His defense that the drugs were planted cannot be given credence because he brought it up too late.
rode a bus from Sagada. His bus was
intercepted by a temporary checkpoint. General Rule: No warrant of arrest/illegal warrant = inadmissibility of evidence
The NARCOM apparently received Exceptions: Lawful arrests do not need warrant = admissibility of evidence still
information that a Caucasian was in 1. In flagrante delicto
possession of illegal drugs. From the - He was arrested WHILE he was transporting prohibited drugs.
bulge on his waist and the teddybears - Probably cause determined from the information about the Caucasian and the unusual failure to
from his two bags, they discovered produce passport
hashish. - SIR: Wrong analysis because it would be problematic to use as basis only allegedly prior
informant. Can easily be fabricated.
2. Personal knowledge of the facts of the commission of the crime
3. Prisoner who has escaped
Terry v Ohio Detective McFadden saw two strangers General Rule: Whenever practicable, police must secure a warrant to make a search and seizure
alternate back and forth along an Exception: Stop and Frisk Rule
identical route staring at the same store - Swift action needed for on the spot observations
window. He spun them around and - Officer believing that the person he is investigating at close range is armed, may to neutralize the
patted down the outside clothing finding threat of physical harm, search and seize a weapon
in one of the overcoat pockets, a pistol. - Protective seizure and limited search that is minimally necessary for the protection of the
They were charged with carrying of arresting officers.
concealed weapons.
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Valeroso v CA Senior Inspector Valeroso charged with Exception: Where searches and seizures are allowed without a valid warrant:
the crime of illegal possession of 1. Warrantless searches incidental to a lawful arrest
firearms. - In a lawful arrest, officers must conduct a warrantless search not only on the person but also in
the permissible area within the latter’s reach--”area within immediate control”
Prosecution: Based on a prior warrant for - Forcing open a cabinet inside the room when Valeroso cannot offer any resistance because tied
kidnapping, they arrested him when he outside is going beyond the area of immediate control; no longer for the defense of the police.
was about to board a tricycle. They 2. In Plain View
informed him of his consti rights, bodily 3. Search of a moving vehicle
searched him and found a revolver under 4. Consented search
his waist. 5. Customs search
6. Stop and Frisk
Defense: He was in a room in a boarding 7. Exigent and emergency
house. He was awakened by 4 armed 8. Search of vessels and aircraft
men. He was pulled and tied outside of 9. Inspection for fire and safety regulations.
the room. They went back inside and
forcibly opened a cabinet where they Test of Reasonableness: Where a warrant is not necessary determined from reasonableness of the
found a gun. search 1) purpose, 2) absence or presence of probably cause, 3) manner, 4) place or thing 5) character
of the articles.
People v Marti Petitioner coursed through 4 Since the evidence sought to be excluded was primarily discovered and obtained by a private person
giftwrapped packages (“books, cigars and acting in a private capacity, and without intervention of State authorities, does the Constitutional
gloves) to a friend in Switzerland through protection against unlawful searches and seizures apply? No.
a forwarding company. As per SOP, when - The right refers to immunity of one persons from interference by the government. It is a
Job Reyes was doing final checking, he protection against governmental action or sovereign authority.
smelled a foul order. He opened it and - It was Job Reyes, the proprietor of the forwarding agency who made the search and inspection
found dried marijuana leaves. He sent of the packages.
samples to the NBI. NBI came to his - As for NBI officials “Merely to observe and look at that which is in plain sight is not a search”
house and watched Reyes open the rest SIR: Wrong analysis. After receiving the sample and getting it verified, they already had probable
of the box and thereafter took custody of cause. The NBI should have gone to the house of Reyes with a search warrant already. It was
it. unreasonable to premise the decision only on the first search done by Reyes.
CARILLO | D2020

People v Rapeza Rapeza, a Samar native and an illiterate, Confession was inadmissible and the evidence must be dismissed. He must be acquitted.
was charged with the murder of neighbor
spouses. According to the prosecution, Requisites for an extrajudicial confession to be admissible:
upon invitation for questioning, he 1. Voluntary
expressed willingness to make a - Disproven by the fact that the actual date of the killings was not established. What did he confess
confession. The only lawyer available, to exactly?
Mr. Reyes was given to him and the 2. Assistance of a competent and independent counsel
custodial investigation took place at - Doubtful. No competent counsel would advice his client to just admit to the offense
Atty’s house with the presence of the extrajudicially.
officers, a witness and an interpreter. 3. Express
- Not sufficiently corroborated. Failure to present witnesses.
He says he did not voluntarily surrender, 4. In Writing
but was invited. While in detention he 5. There must be meaningful communication and understanding of the rights of the defendant.
said that it was a Regino who killed but - Made in Tagalog which he was not well-versed in. Interpreter was not presented in Court.
the police did not believe him and was
instead told to sign a document for is
release, but because he couldn’t, they
dipped his thumb in ink and marked it on
the document.
People v. Mengote Rogelio Mengote convicted of illegal Inadmissible evidence because warrantless search incidental to a lawful arrest not complied with.
possession of firearms. He was arrested 1. Not in flagrante delicto: what offense?
without a warrant when police, after - 11: 30 AM in the crowded street, nothing shady or clandestine about it
receiving an informant’s call about 2. No personal knowledge
suspicious activity, apprehended him for - Based on hearsay information of a phonecall informant.
“looking from side to side and holding his 3. That the revolver was found to be the robbed one from another case was only found out
abdomen” after the seizure so irrelevant.
SIR: Wrong decision. Police could have been justified if stop and frisk rule analysis was used instead.
- That he was searched of a weapon to protect the police from any immediate threat of resistance
from the arrest