Pointers for Constitutional II

(Pre-Finals)
DUE PROCESS OF LAW
No man, of what state or condition, whoever he be, shall be put out of his lands or tenements nor taken nor imprisoned nor indicted, not put to death, without he be brought in to answer by Due Process of Law King Edward III, Statute 28

Procedural Due Process

The one which hears before it condemns, which proceeds upon inquiry and only renders judgment after trial.

Due Process
No person shall be deprived of life, liberty or property without due process of law Person The due process clause protects all persons, natural as well as artificial Protects: o Citizens o Aliens o Artificial Persons -only in so far as their properties are concerned since the life and liberty of the artificial person are derived and subject to the control of the legislature. Deprivation - denial of the right of life, liberty and property Deprivation per se is not unconstitutional what is prohibited is the deprivation of life, liberty and property w/out due process of the law. The embodiment of the sporting idea of fair play.

Twin Essential Elements of Due Process: 1. Notice 2. Hearing

Requirements of Procedural Due Process in Judicial Proceedings

1. 2.

There must be an impartial court or tribunal clothed with judicial power to hear and determine the matter before it. Jurisdiction must be lawfully acquired over the person of the defendant and over the property which is the subject matter of the proceeding. The defendant must be given an opportunity to be heard. Judgment must be rendered upon lawful hearing.

3. 4. I.

Impartial and Competent Court A court affected by bias or prejudice cannot be expected to render a fair and impartial decision. Every litigant is entitled to the cold neutrality of an impartial judge. Hearing Notice to a party is essential to enable it to adduce its own evidence and to meet and refute the evidence submitted by the other party. Every litigant is entitled to his day in court. Note: Due process is not violated where a person is not heard because he has chosen for whatever reason, not to be heard. If he opts to be silent where he has a right to speak, he cannot later be heard to complain that he has unduly silenced.

II.

Note: It is violative of due process if a person is imprisoned for without trial, or is prevented from criticizing the government in the exercise of his freedom of expression or it forced to follow a particular religion. Life the integrity of the physical person Includes: 1. 2. 3. 4. o His right to give full reins to all his natural attributes. To expand the horizons of his mind. To widen the reach of his capabilities. To enhance those moral and spiritual values that can make his life more meaningful and rewarding. It is not permissible for the government to deprive the individual of any part of his body even if it as punishment for a crime. Any measure that would even only endanger his health or subject him to unnecessary pain or to unreasonable physical extortion would also be in violation of the due process clause. This embraces the enjoyment by the individual of all the God-given faculties that can make his life worth living.

The Right of Confrontation It does not necessarily mean a physical face-to-face confrontation but the right to be given an opportunity to cross-examine.

III.

Appeal The right to appeals is not essential to the right of hearing except when guaranteed by the Constitution. As long as the law allows him to appeal, denial of that remedy is a denial of due process.

Liberty the freedom to do right and never wrong.

as not to injure the rights of others

A person is free to act but he may exercise his rights only in such manner This is not an unbridled license, it is regulated by law.

Article 3, Section 5(2): The Right to Appeal in the Minimum Appellate Jurisdiction of the Supreme Court 1. All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance or regulation in question. 2. All cases involving the legality of any tax, imposed, assessment or toll or any penalty in relation thereto. 3. All cases in which jurisdiction in any lower court is in issue. 4. All criminal cases in which the penalty imposed is reclusion perpetua 5. All cases in which only an error or question law is involved.

Substantive Due Process

Requires the intrinsic validity of the law when interfering with the rights of the person to his life, liberty or property.
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Exceptions the Essential Requisite of Notice and Hearing: 1. 2. 3. 4. 5. The cancellation of the passport of a person sought for the commission of a crime. The preventive suspension of a civil servant facing administrative charges. The distraint of properties for tax delinquency. The padlock of restaurants found to be insanitary or of theatres showing obscene movies. The abatement of nuisances per se. Nuisance Per Se - Objectionable at all times since it presents an immediate danger to the welfare of the community. Nuisance Per Accidens - Objectionable only under certain but not all circumstances, since there are situations when it is perfectly acceptable and legitimate. - A right thing in the wrong place.

Requires that all persons or things similarly situated should be treated alike, both as to rights conferred and responsibilities imposed. It is also required that the law be enforced and applied equally.

Persons Protected: a. Natural Persons b. Artificial Persons entitled to protection in so far as their properties are concerned. Classification:
The legislature is allowed to classify the subjects of legislation. If the classification is reasonable, the law may operate only on some and not all of the people w/out violating the equal protection clause.

IV. -

Judgment To ensure against arbitrary, due process requires that the judgment be based upon lawful hearing previously conducted.

Requirements for Equal Protection: a. It must be based on substantial distinctions b. It must be germane to the purpose of the law. c. It must not be limited to existing conditions only. d. It must apply equally to all members of the class. A. Substantial Distinctions For a distinction to be valid, it must be substantial. Relevance to Purpose of Law For the classification to be considered valid it must be appropriate to the purpose of the law. Duration It is meant that the classification must be enforced not only for the present but as long as the problem sought to be corrected continues to exist. Applicability to All All members of the class must be treated similarly as to rights conferred and obligations imposed to make the classification legit.
Substantial Similarity will suffice as long as all those covered by the classification are to be treated equally.

Article 3, Section 14 of the Constitution:

No decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based.

B.

C. Administrative Due Process Requisites for Procedural Due Process:

1. 2. 3. 4. 5. The right to a hearing, which includes the right to present ones case and submit evidence in support thereof. The tribunal must consider the evidence presented. The decision must have something to support itself. The evidence must be substantial. The decision must be rendered on the evidence presented at the hearing, or at least contained in the record and disclosed to the parties affected. The tribunal or body or any of its judges must act on his own independent consideration of the law and facts of controversy and not simply accept the views of the subordinate in arriving at a decision. The board or body should, in all controversial questions, render its decision in such a manner that the parties to the proceeding can know the various issues involved, and the reason for the decision rendered.

D.

6.

SEARCHES AND SEIZURES Article 3, Section 2 of the Constitution:

The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, particularly describing the place to be searched, and the persons or things to be seized.

7.

EQUAL PROTECTION CLAUSE Article 3, Section 1 of the Constitution Provides for a more specific guaranty against any form of undue favoritism or hostility against the government. If the particular act is assailed partakes of unwarranted partiality or prejudice, the sharper weapon to cut it down is the equal protection clause. The equal protection clause is also couched in indefinite language to provide for more adjustability to the swiftly moving facts of our changing society. Equal Protection
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Article 3, Section 2(1) of the Constitution:

The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise as prescribed by law.

Article 3, Section 3(3) of the Constitution:

Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.

Scope of Protection
Available to all persons including aliens whether accused of a crime or not within our territory Artificial persons or Juridical entities as a general rule, their premises cannot be searched nor may their papers and

effects be seized by virtue of a valid warrant. However, their books of accounts may be open by the State in the exercise of Police Power or Power of Taxation The right against unreasonable searches and seizures is personal and may be invoked by the person entitled to it.

The judge must not solely rely on the recommendations given by the prosecutor but must independently arrive at his own conclusions based not only on the bare report of the prosecutor but also on other relevant documents.

Warrant of Arrest Issued by Administrative Authorities:

Only for the purpose of carrying out a final finding of a violation of law and not for the sole purpose of investigation or prosecution. Administrative officers are not allowed to issue search warrant, only judges of courts of law are empowered to issue a search warrant

The Right to Be Left Alone Extends not only in the privacy of ones home but also to his
office or business establishment, including the papers and effects that may be found there.

Requirements for a Valid Search Warrant & Warrant of Arrest Issuing a Search Warrant
1. 2. 3.

4.

It must be based on probable cause. The probable cause must be determined personally by the judge. The determination must be made after examination under oath or affirmation by the complainant and the witness he may produce. It must particularly describe the place to be searched and the things to be seized or the persons or things to be seized.
The right in the protection of unreasonable arrest and searches is sacred such that any evidence obtained in violation in the said right is inadmissible in evidence (Section 3(2), Article 3): The right against unreasonable arrest or searches would only be invoked against the state and its agents, the exclusionary rule would not be applicable if the so called illegal search is conducted by private citizens.

General Rule: Application of a search warrant must be issued having jurisdiction where the offense committed Except: In the court anywhere in the region where the offense is committed if there is a danger that the accused will attain the advance information of the filing of the case Note: The Order of Deportation Is purely administrative in nature, its purpose is not punishment but the return to his country of the alien who has violated the conditions for his admission to the local state.
A description of a place to be search is sufficient if the officer with the warrant can, with reasonable effort, ascertain and identify the place intended.

III. Examination of Applicant

Rule 126, Section 4 of the Rules of Court (Warrant of Arrests)
The judge as a rule is not required to conduct personal examinations on his complainants and his witnesses before the judge could validly issue a warrant of arrest. The reason is that before the case is filed before the court, it is first filed before the office of the prosecutor especially if the penalty imposable for the offense exceeds 4 years, 2 months and 1 day. We can expect that there is already a preliminary investigation on the charge ship as was done by the fiscal, as a result, when the case is filed in court the judge is not required anymore to conduct personal investigation

I. Existence of Probable Cause

Arrest: Such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed and that the person sought to be arrested is the one responsible therefore Search: Such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed and that and the object or things used in such offense is in the place to be searched

Rule 126, Section 4:

Accompanied by the requirement of probable cause is the rule that the warrant must refer to only one specific offense. Scatter-Shot Warrant A warrant that covers 2 or more offenses General Rule: Invalid Except: When the offenses stated in the search warrant are penalized by one and same law. General Warrant A warrant merely containing general description of the things to be searched and confiscated

II. Determination of Probable Cause

Article 3, Section 2 of the 1987 Constitution:
The word judge is interpreted in the generic sense and includes judges of all levels.

The judge will only look at the records of the case, the affidavits and counter affidavits, the evidences presented and the resolution of the fiscal. As soon as the information is filed in RTC The RTC judge has 10 days within which to determine the existence or absence of probable cause and issue a warrant of arrest or dismiss the case The Judge is in doubt: The RTC judge issues an order requiring the prosecutor to supply further evidence in determining further probable cause against the accuse. The prosecutor in turn has 5 days to submit supplemental evidence for probable cause.
Remedy for Lawyers contending that there is no probable cause: File a Motion of Judicial Determination of Probable Cause (Section 5-A, Rule 112 in the Rules of Court)

The Objectives of the Prosecutor and the Judge The Prosecutor Determines whether there is reasonable ground to believe
that the accused is guilty and should be held for trial.

Rule 126, Section 5 of the Rules of Court (Search Warrants)

For search warrants, the judge is mandated to personally examine the complainants and his witnesses. It is required that the judge should conduct searching and probing questions and the question and answers made by

The Judge Determines the warrant of should be issued to place the

accused in immediate custody so as not to frustrate the ends of justice.
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the witnesses and complainants must be put on writing and made under oath. Evidence offered by the complainants and his witnesses should be based on their own personal knowledge and not on mere information or belief. Hearsay is not allowed.

g.

The name of the person subjected by the search must be stated or even the name was uncertain the officers conducting the search must have personal knowledge of the in the search warrant. The things or objects to be seized must be particularly described. Requirements for Search of Illegal and Prohibited Drugs
Section 21 (1), R.A. 9165:

h. i.

If the Case is filed MTC/ MTC in Cities and the case is cognizable by that court:
Cases which the penalty imposable does not exceed 6 years (Section 5-B and Section 9, Rule 112 of Rules of Court)

1.

The penalty imposable is less than 4 years, 2 months and 1 day: - The MTC judge can issue a warrant of arrest without conducting a personal examination on the complainants and his witnesses. The imposable penalty exceeds 4 years, 2 months and 1 day but less than 6 years: - There is a need for preliminary investigation, then the MTC/MTCC judge must conduct a personal examination on the complainants and his witnesses

There should be a physical inventory and must conducted in the place where the search took placed and it must also be photographed. Conducted in the presence of the lawful owners of the house or his representative or his lawyer as well as representatives from media personnel, representative from DOJ and any public official There must also be a record of the chain of custody to whom the evidenced was given

2.

3.

Valid Warrantless Arrest (Section 5, Rule 113 of the Rules of Court) 1. In Flagrante Delicto Arrest
When such person just committed, is actually committing or is attempting to commit an offense in his presence of the police officer or a private citizen effecting the arrest.
*Private Citizen must have personal and actual knowledge of the crime committed, committing or about to commit either seen or professed by any other senses susceptible to human perception

IV.

Particularity of Description General:

Ideally the person sought to be seized should be identified by name. If the warrant is issued w/out the name or with the name in blank such that it can be enforce to any other person, it is deemed void John Doe Warrant will only satisfy the constitutional requirement if there is some Descriptio Personae that will enable the officer to identify the accused.

Exception:
-

2.

Hot Pursuit Arrest

When an offense has just been committed and he has personal knowledge of the facts and circumstances indicating that the person to be arrested has committed it.
*The arrest must not be too far removed from the commission of the offense; there should be immediacy from the commission of the offense and the apprehension of the accused

Properties Subject to Seizure

Rule 126, Section 2 of the Rules of Court 1. Property subject to the offense 2. Property stolen or embezzled and other proceeds or fruits of the offense 3. Property used or intended to be used as the means of committing an offense

3.

Escaped Prisoner
When the person to be arrested is a prisoner who just escaped from penal establishment or place where is serving final judgment or temporarily confined while his case is pending, or he escaped from while being transferred from one confinement to another.

Enforcement of Warrant of Arrest:

a. b. When the police or NBI receive the warrant, they should execute it within 10 days The 10 day period is only the period, within which the authorities concern should make a report to the court, informing the court as to the enforcement of the warrant of arrest it issued. A warrant can also be enforced anytime of the day even on holidays The officer of instituting the warrant need not have a copy of the warrant at the time of the arrest The person executing a warrant of arrest may use reasonable force

4.
-

Waiver of warrantless of arrest

A person gives his consent in the warrantless arrest. Failed to file Motion to Quash the information before participating in the arraignment

c. d. e.

Warrantless Arrest base on Reliable Information:

General Rule: Warrantless arrest is not valid if only based solely on reliable information Except: 1. When the informant was around 2. The accused were acting suspiciously 3. There is a sense of urgency in effecting a warrantless arrest such as the accused is riding, is about to ride or just alighted from a vehicle. 4. The identity of the person to be arrested is sketchy and no certainty on the vehicle used, and time and place of arrival.

Enforcement of Search Warrant:

a. b. c. d. Officers enforcing the search warrant may use reasonable force. The owner or member of his household within majority age is present at the time of the search. The owner of the house must personally witness along with the officers when the search was conducted. If the owner or no members of the family is around, then police officers should get two witnesses in sufficient age and discretion and residence in the locality. Normally, officials of the barangay. Search warrants and effective for 10 days and after that period that warrant is automatically voided The place must be particularly stated or there is a sketch of the place

Remedy for Unlawful Warrantless Arrest:

1. File criminal case against arbitrary detention against the person making a unlawful arrest, if private person then file kidnapping. File a writ of Habeas Corpus, if no case filed in court yet Motion to Quash the Information, if there is a case filed in court already File a Prohibition of Writ of Amparo

e. f.

2. 3. 4.

Valid Warrantless Searches: Rule 113, Section 5, of the Rules of Court

1. 2. Consent Given unequivocally by the person holding the right Stop and Frisk Situation Warrantless search precedes the warrantless arrest Can only be done if the person is acting suspiciously The police must introduce themselves first and must conduct initial inquiry Search is incidental of valid arrest Search is done after the arrest The arrest must be valid whether or not the arrest is subjected to a warrant of arrest. Plain View There is a valid intrusion and discovery is only made through incidental And the illegality of the thing seized must be apparent Custom Searches (Vessels or Aircraft) Search is done in a kind of vehicle that could easily elude arrest Moving Vehicles Inspection of Buildings and other premises for enforcement of fire, sanitary and building regulations The search is done in exceptional situations Check Points impelled by public order Routine Check a. Must be conducted at a fix place b. Police officers must be wearing uniforms c. There must be a marked police vehicle Extensive Search The police officer has sufficient knowledge of the offenders description or the vehicle he is using

3.

4.

5.

6. 7. 8. 9.

Admissibility of Evidence: Section 3, Article 3 Illegal Items per se will be forfeited by the State Legal Items per se The item will be returned only after the determination of
the case
Although properties may have been seized in violation of the said provision, it does not follow that its owner shall be entitled to recover it immediately. It will remain in Custodia Legis until the case is terminated.

It may be used in the judicial or administrative action that may be filed against the officer responsible for the illegal seizure.

How to Object in the Admissibility of Evidence

1. File a Motion Quash the Search Warrant If there is no case yet filed before the court who issued the search warrant Motion to Suppress the Evidence If there is already a case filed at the court where the case is pending Omnibus Motion The judge committing grave abuse of discretion resulting to lack of jurisdiction Objection to formal admissibility of the evidence File a criminal case against the person doing the illegal search Private Person Article 129 of Rules of Court Police Officer Article 128 of Rules of Court

2.

3. 4.

5. 6.