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Gabriel)
State Immunity
What is state immunity?
Without the consti provision on state immunity, can it exist? Yes, the consti provision
is a mere recognition of the same.
Sociological basis of state immunity?
3 instances of suit against the state?
Why is it called a “ROYAL PREROGATIVE OF DISHONESTY”? The state can belie
liability and defeat legitimate claims.
How may consent be given?
Difference between express general and express specific consent?
Act 3083 which waives state immunity is only applicable to COMMERCIAL
TRANSACTIONS.
Restrictive theory v. absolute theory (this is only applicable when a foreign state is
invoking immunity from suit)
When should the defense of state immunity be raised? At ANY STAGE.
Can the court determine on its own whether or not a state is immune from suit? Can
it take judicial notice of the same? Yes.
Sec. 13
What constitutional provision justifies mitigation or exemption from liability of
youthful offenders? Sec. 13 of Art. 2
Sec. 14
Can a group of husbands question the constitutionality of VAWC for being violative of
the equal protection clause of the constitution since it only applies to women?
Equality between the sexes allows classification so long as it is based on substantial
disctinctions (drilon case).
Sec. 16
Oposa v. Factoran – right to a healthful ecology is not subordinate to the Bill of
Rights. It is a different class of rights that do not need express constitutional grant
because it is inherent in human beings for it pertains to self-preservation an self-
perpetuation.
The fact that the right to health and balanced ecology is embodied in Art 2 and not in
Art 3 underscores its importance.
Sec. 17
Highest budgetary allocation to education is merely PERMISSIVE and not
MANDATORY.
Sec. 19
Not self-executing.
Is this a policy of mendicancy or isolationist? (Tanada v. Angara)
Sec. 20
Is this provision indicative of laissez faire policy? No.
Sec. 21
What is the policy of the state on agrarian reform?
Does the constitution allow distribution of stocks over lands? Yes, hacienda luisita
case.
Sec. 25
Basco v. PAGCOR
Two types of decentralization (administration and power).
What is the difference between the two? Decentralization of power creates an
“imperium in imperio.”
Pamatong v. COMELEC
Sec. 28
Does this require implementing legislation? No.
This is not an absolute right (public interest and must not be exempted under the
law).
Why is full public disclosure and right to information in SPLENDID SYMMETRY?
Because the right to information would be rendered meaningless of there is no
correlative duty under sec. 28.
Sec. 28 may exist even if no one exercises their right to information.
Regulation does not include the right to prohibit.
Is this rule on full public disclosure applicable only to consummated contracts/acts?
Yes, to avoid embarrassment of the parties like in the case of treaties.
Is GOCCs covered by the rule on full public disclosure? Yes.
Police Power
Not capable of an exact definition.
Law of overwhelming necessity.
Implied limitation of the Bill of Rights.
Most positive and active. Most efficient and illimitable.
The 2 legal principles as basis of police power are: (1) Salus populi est suprema lex
and (2) subordination of individual and private interests for the greater number.
Test of validity of the exercise of police power (lawful subject and lawful means –
both must be complied with).
Can a commercial document be the lawful subject of police power? Yes, Lozano v.
Martinez.
How about choice of profession? Yes, DECS v. San Diego.
Inherent powers can co-exist, these are not mutually exclusive.
Example of eminent domain being used as an implement of police power.
Example of power of taxation being used as an implement of police power.
Can there be TAKING in the exercise of police power? YES, but for the purposes of
destruction in which no compensation has to be paid.
Eminent Domain
What is the power of eminent domain?
Difference between eminent domain and expropriation?
BASIS OF THE POWER: NECESSITY
Manner of delegation of this power may be GENERAL (justiciable) or SPECIFIC
(political question)
What properties may be taken? ONLY PRIVATE PROPERTY.
Take note of Rule 67, Sec. 1 of the Rules on Court.
Choses in action cannot be expropriated because it is merely speculative which had
not yet ripened into a right.
Can US dollars be expropriated? No, because it is legal tender (?)
Remember that services can be the subject of Eminent Domain.
Can you expropriate PAcquiao’s services if, for example, he refuses to render his
services as a mascot to the government? No. If not, how can you reconcile this with
the PLDT case? PLDT case pertains to a PUBLIC UTILITY. PERSONAL SERVICES
cannot be expropriated.
Eminent domain does not mean that the owner is deprived of ownership or
possession, could only be a burden in which ownership/possession remains with the
owner – PLDT case.
Elements of taking (Castelvi)
Concept of “public use” traditional and expanded concept. Public use now pertains
even to INDIRECT BENEFIT OR ADVANTAGE.
What is just compensation?
If there is total expropriation of the property, just compensation is fair market value
but you also have to consider other factors in determining the same like character of
the land, assessment, improvements, use, tax declarations. If partial only, JC = FMV
+ (Consequential benefits – Consequential damages).
If the owner of a property is not paid just compensation, can he recover possession
of the property? No, despite the ruling of the court in Republic v. Lim. Remember
that in this case, there were peculiar circumstances attending it. Not only was there
delay for a period of 57 years in payment of just compensation but the property is
not anymore being used by the government (look into the case for the situation of
the property). Thus, there is not impediment to return the property to the heirs.
Why is there a need to authorize the local chief executive to exercise the power of
eminent domain? Because the power is not inherent, merely delegated.
Power of Taxation
BASIS IS LIFEBLOOD THEORY
Taxes. Fees
We have a progressive system of taxation.
What do you mean by “the power to tax includes the power to destroy”?
The term “public use” in taxation does not have and is not given an expanded
definition unlike when the government exercises the power of eminent domain.
Public purpose in taxation always pertain to DIRECT AND EXCLUSIVE benefit to the
public.
Is there a prohibition against double taxation?
How about doubles taxation?
Required vote for tax exemption (absolute majority for the grant, withdrawal
requires relative majority).
Exemptions from tax under the constitution.
What if the property is privately-owned but was loaned for free for a charitable
purpose? Exempt. Exemption depends on use and not on who owns the property.
What does “actual, direct, and exclusive” mean?
Bill of Rights (The first person called for each provision will be required by Atty. Gabriel to
recite the said provision)
Due Process
Hearing does not mean an adversarial proceeding, can be done through papers.
Cases in which notice and hearing is dispensable? Abatement of nuisance per se,
conclusive presumptions etc.
Admin agencies are given the power to regulate fees, is notice and hearing required?
Depends if it is performing a quasi-judicial or quasi-legislative function. PHILCOMSAT
case.
Effects of violation of due process? Is substantive due process is violated the law
becomes null and void. If it is procedural due process that is violated, the proceeding
is void.
Elements of criminal due process?
Is prelim investigation essential in due process? Yes, conferred by statute.
Cardinal primary rights in admin proceedings (Ang Tibay v. CIR)
Is the void-for-vaguenss rule applicable in nullifying a penal statute? No, only in free
speech cases.
HYPO: A and B, police officers, attended a party without any invitation. Then, they saw
drugs. Can they seize it under the plain view doctrine? NO, because there was no prior
valid intrusion.
HYPO: Police were serving search warrant for drugs, but they came across an unlicensed
firearm. Can they seize the firearm under the plain view doctrine?
Right to Privacy
What are the zones of privacy?
Categories of privacy are: (1) decisional and (2) informational which is the right not
to disclose any private matter.
Why is the right to privacy the “most revered by men”?
A letter procured by a private individual may be admitted as OBJECT and
DOCUMENTARY evidence.
Freedom of Speech
Can this be invoked against a private individual? No, no constitution provides “no
LAW shall be passed.”
Covers only matters of public concern.
It does not apply only to matters that are popular.
Degree of criticism is different with respect to judicial officers. (1) public figures (2)
private individuals involved in a public issue and (3) public figures may be subjected
to the same level of criticism.
The two types of privileged communication are absolute and qualified.
What are the types of qualifiedly privileged communications?
Does the truth matter for a communication to be deemed qualifiedly privileged? No,
because it will result to self-censorship.
What is the philosophical basis of truth? Power of acceptance and ability to compete
in the free marketplace of ideas.
The right to free speech is NOT absolute.
Motion pictures whether for profit or not, whether locally-owned or foreign-owned
are protected.
Obscene literature is not protected speech. Test of obscenity in Miller v. California.
When is an assembly an exercise of one’s right of assembly and petition and when is
it a strike? The test is AGAINST whom it is being conducted. The latter is being
conducted AGAINST the employer while the former is not.
Freedom of Religion
What is the Establishment Clause?
What is the difference between the Establishment Clause and Free Exercise Clause?
Why religious liberty and not toleration?
The two aspects of freedom of religion is freedom to believe and freedom to act on
one’s belief.
Can the government impose taxes on proselytizing? No.
Are all acts of religious organizations tax-free? No.
Can the government impose taxes on income of priests? Yes.
The courts cannot meddle in DOCTRINAL AND DISCIPLINARY matters of a religious
organization. The courts cannot also interfere with conflict existing between two
religions.
Take note of the 3-step process in compelling state interest test.
The two kinds of benevolent neutrality are mandatory and permissive.
Liberty of Abode
The liberty of abode pertains to one’s right to choose his residence.
The two valid impairments to one’s liberty of abode are (1) lawful order of the court
and (2) law.
The right to travel pertains to freedom of movement and right to leave the
Philippines.
Residual power pertains to those powers owned by the government but no one
exercises it.
An administrative circular addressed to court personnel that they cannot leave the
country without the court’s permission is VALID.
Right to Information
Why is the right to information and the duty to disclose matters of public concern in
splendid symmetry?
Without a law, can national security matters be disclosed to the public? No, the
restriction is imposed by common law.
The courts can also restrict or prohibit the release of information and not only the
law.
Right to Association
This right applies to both employed in the private and public sector.
Applies only to working individuals? No, to everyone.
Removing the phrase “public and private sector” does NOT and will NOT deprive
them of said right for said phrase was merely placed there for EMPHASIS.
Basis for right not to join? Liberty and Freedom.
May it be bargained away? Yes, through a closed-shop agreement/union security
clauses. This is not unconstitutional because the workers has the freedom to accept
or not to accept the CBA.
The members of the bar can be compelled to become a member of the IBP through
the exercise of the POLICE POWER of the state.
HYPO: B got killed in August 1, 2014. A went to C’s house to inquire about the
killing. When the question about where C was at the night of the killing, C can
already invoke his rights.
Is section 12 same as Miranda rights? No, because the Miranda rights does not
include the right to be given a counsel if the accused cannot afford one.
May the rights under Sec. 12 be waived? Yes, but not all.
Why is there a need to give protection to persons under custodial investigation?
If an extrajudicial confession was presented by the prosecution, even if the defense
did not object to its admissibility, the courts can still not consider the same because
the Burden of Proof is with the prosecution.
Take note of rules on police line-up.
Is an audit investigation a custodial investigation? NO.
Who are “law enforcement officers”?
Reenactment is still part of custodial investigation.
Transmission of meaningful information – must be in the language or dialect known
to the accused. This is for him to be able to exercise his continuing right to remain
silent.
Difference between the exclusionary rule and fruit of the poisonous tree doctrine.
Right to Bail
What is bail?
The two kinds of bail are those as a matter of right and those as a matter of
discretion.
When is it a matter of right?
For right to bail to be denied, two requisites must concur: (1) punished by reclusion
perpetua and (2) evidence of guilt is strong.
Bail is also a matter of right is evidence of guilt is NOT strong even if punishable by
reclusion perpetua.
A hearing for bail is mandatory. But if bail is a matter of right, the hearing will only
be for determining the amount of bail.
Bail is a WAIVABLE RIGHT.
In determining whether or not the offense is bailable or not, determine which is the
lower penalty between the law in force at the time of the commission and the law in
force at the time of the application for bail.
Members of the military do NOT have the right to bail. And this is not a violation of
the equal protection clause.
Between absence and delay, absence is better for the latter is curable.
Why is there a presumption of innocence? To level the playing field.
Is accusation equivalent to guilt? No.
The right to be presumed innocent is not applicable to corporate entities because
they cannot be held liable for a crime since it does not have physical existence.
Why is there a need for the equipoise rule? To assess the character of the evidence.
It is used by the courts in determining whether or not the evidence is for or against
the accused.
Right to counsel during a trial is ABSOLUTE.
Take note of the 4-fold obligation of the court with respect to the right to counsel.
Definition of “preference in choice of counsel.”
Why must the accused be informed of the nature and cause of accusation against
him?
What must be the contents of an information?
If there is a variance between the caption and tile and the allegations, the
allegations will prevail.
An arraignment is indispensable because the accused is informed of the nature and
cause of accusation against him.
What is “speedy trial”?
Speedy trial is a relative concept. What are the factors that has to be considered?
If the delay is not due to the prosecution, it is NOT a violation of the right of the
accused to a speedy trial.
The right to speedy trial is not only applicable to the trial itself. Those anterior are
also included but do not include time for appeal.
“Impartial Tribunal” – cold neutrality of an impartial judge. It is not sufficient the
judge render a just judgment but he must also appear impartial.
What is a “public trial”?
A trial must be held publicly to protect the accused from arbitrariness.
Different compulsory process? Duces tecum and ad testificandum.
A subpoena duces tecum must always be with a subpoena ad testificandum. But a
subpoena ad testificandum can be granted in the absence of a duces tecum.
In duces tecum, both test of relevancy and test of definiteness must be complied
with.
When is duces tecum relevant? When it establishes the guilt of the accused.
What are the requisites of a trial in absentia?
The instances in which an accused is REQUIRED to appear before the courts are:
arraignment, identification and promulgation of the decision. However, in
arraignment, it is NOT waivable but in the latter two it is waivable.
May the accused tried in absentia participate in the proceedings through his
counsel? NO. He also loses his right to appeal.
Involuntary Servitude
What is involuntary servitude?
What are the two aspects of involuntary servitude? Slavery and peonage.
What are the exceptions to the right against involuntary servitude?
Under parens patriae, it applies to unemancipated children.
On naval enlistment, a person cannot refuse to render services while travelling
because the captain may not find any replacement.
Bail Fine
Judicial Act Legislative Act
Not a penalty (prior to conviction) Forms part of the penalty
If this is excessive, it becomes a “teasing
illusion.” Something that is granted but
cannot be afforded.
Must the punishment be inhuman, degrading, and cruel all at the same time? NO. T
These are independently prohibited punishments.
Would mere severity make it a prohibited punishment? NO.
A person who jumped bail or escaped is still entitled to an automatic review of his
case when the death penalty is imposed.
Double Jeopardy
What is double jeopardy?
What are its two types? Traditional (same offense) and those arising from the same
act.
What is the common law principle of double jeopardy? Not two for one.
What are the three elements of double jeopardy? (1) first jeopardy must have
attached (2) first jeopardy must have been validly terminated and (3) second
jeopardy is for the same offense.
What are the elements of legal jeopardy? (1) valid complaint/information (2) filed in
a competent court (3) valid plea (4) convicted or acquitted or otherwise terminated
without consent of the accused.
HYPO: A and B are married but B has an extramarital relationship with C. A did not
institute any criminal complaint. D, being a friend of A, instituted criminal
proceedings against B. A testified, but the lower court dismissed it due to
insufficiency of evidence. A filed a second criminal complaint. Is there double
jeopardy?
Express consent does not make double jeopardy operative because it is the twin
sister of estoppels and waiver.
Instances in which double jeopardy will not attach? (1) at the instance or with the
express consent of the accused (2) not a judgment on the merits (3) legal questions
reviewed by appellate court.
Dismissal Acquittal
Not on the merits On the merits
Procedural (based on technicality) Based on the evidence
Exceptions: demurrer to evidence and
violation of the accused’s right to speedy
trial.
HYPO: A was arraigned for frustrated homicide. However, during the trial, B (the
victim) died. Public prosecutor then filed an information for homicide. Is there double
jeopardy?
CITIZENSHIP
Citizenship v. Nationality (the latter is a racial/ethnic concept)
The different modes of acquiring citizenship are birth, marriage, and naturalization.
The two basic principles applicable to birth are: Jus Soli and Jus Sanguinis
Who are citizens of the Philippines?
It is already enough that one of the parents is Filipino.
The significance of January 17, 1973 is it is the effectivity date of the 1973
constitution.
What is the formal procedure for election of citizenship?
Why does it have to be registered? To notify others and to confirm the existence of a
fact.
Can there be implied election?
HYPO: A child was born from a Filipino mother and Chinese father out of wedlock
before 1973. Must the child elect Filipino citizenship?
Illegitimate children follow the citizenship of their only known parent – the mother.
This is a common-law principle.
A minor child merely has an INCHOATE RIGHT to acquire citizenship. Prior reaching
the age of majority, the child is deemed NOT a Filipino citizen.
The constitution can only determine who is a citizen or not a citizen of the
Philippines, but it cannot assign one’s citizenship.
The types of citizens are natural-born and naturalized citizens.
Citizenship may be lost through express renunciation, naturalization, oath of
allegiance to another country.
Who may acquire/retain Filipino citizenship under RA 9225?
Renunciation of one’s citizenship cannot be done impliedly.
Even if a person is possessed of the passport of another country, he is still NOT
divested of his Filipino citizenship because it is NOT a mode of losing one’s
citizenship.
Difference between CA 473 and CA 63? The former pertains to initial acquisition
while the latter pertains to reacquisition of citizenship.
Take note of the enumerations provided for under the law and the procedure for
acquiring or reacquiring citizenship.
Res judicata does NOT apply generally in citizenship except if there had been a full-
blown trial in which the SolGen represented RP and the decision was affirmed by the
SC.
Take note of the differences between dual allegiance and dual citizenship.
HYPO: Rep. A was elected and had served for 3 consecutive terms of legislative
district X. Can he participate in the partylist system? No.
HYPO: Rep. A served for 3 consecutive terms for District X. Can he run after as
representative of District Y? No.
HYPO: A and B are husband and wife. A proposed a bill favorable their business but B
is not a co-author. Must B make a full disclosure? No.
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