ABODE & TRAVEL Limitations o Auto Limitation limits prescribed by law o Lawful order of the court o TRAVEL interest

est of national security, public safety of public health, as may be provided by law

EXPRESSION ELEMENTS Freedom from previous restraint/ censorship Freedom from punishment TESTS o Clear & Present Danger whether the words used are used in such circumstances and of such nature as to create a clear & present danger that will bring about the substantive evil that the State has a right to prevent o Dangerous tendency words uttered create a dangerous tendency or which will cause o Balance-of-interest Content based aimed at the message strict scrutiny Content-neutral regulates time, place, manner intermediate scrutiny (can also burden expression) EXCEPTIONS: (PFAD) o Pornography o False/misleading statement o Advocacy of imminent lawless action o Danger to National Security

ASSEMBLY AND PETITION Not subject to prior restraint or censorship If in a public place, PERMIT is only for the USE OF SUCH PLACE not for the assembly itself Power of authorities is REGULATION only, not PROHIBITION Denial of permit must be bases on CCE that it will create a clear and present danger to public order, safety, convenience, morals or health Test to determine validity o purpose test regardless of the auspices under which it is organized o auspices test nature of the people composing the assembly

RELIGION Non-establishment clause Non-exercise clause Non-religious test clause Tests: o Statute has a secular objective o Its principal or primary effect is one that neither advances nor inhibits religion o It does not foster an excessive government entanglement with religion Tests in determining free exercise clause violation o Clear & Present Danger o Compelling State interest Has the statute / govt created burden on the free exercise? Is there a compelling state interest to justify the infringement? Was the legitimate purpose achieved with the least intrusive means? Conscientious objector

IMPAIRMENT CLAUSE PURPOSE to safeguard the integrity of valid contractual agreements against unwarranted interference by the State Can apply prospectively Not absolute may be impaired by supervening legislation Does not include licenses, because such are grants of privileges only that are essentially revocable Does not include marriage contract because this is a mere agreement between the spouses, regarded as a social institution subject at all times to regulation by the legislature Does not include public office

EX POST FACTO LAWS Applies only to criminal or penal matters, not on civil matters or those that concerns private rights Suspension that is not punitive but is preventive is not ex post facto (Bayot) Amendment that is procedural in nature not ex post facto (Vilo)

BILL OF ATTAINDER

A Legislative act that inflicts punishment without trial, its essence being the substitution of a legislative fiat for a judicial determination of guilt. A bill of a attainder is an ex post facto law If it is NOT an ex post facto law, the reasons says so are persuasive that it is also not a bill of attainder

NON IMPRISONMENT FOR DEBT Debt any civil obligation arising from a contract, expressed or implied. Includes debt obtained through fraud Exceptions: o If debt was contracted through FRAUD o TAXES not a debt; arises from the obligation of the person to contribute to hus share in the maintenance of the government (except POLL TAXES)

INVOLUNTARY SERVITUDE Exceptions: o Punishment for a crime whereof a party shall have been duly convicted (sec18.2) o All citizens may be required, under conditions provided by law, to render personal, military or civil service (Art II Sec 4) o Posse Comitatus - a citizen's traditional duty to raise a "hue and cry" whenever a serious crime occurred in a village, thus rousing the fellow
villagers to assist the sheriff in pursuing the culprit

o o

Striking of industries affected with public interest Patria Potestas - Paternal power; (q.v.) the authority which is lawfully exercised by the father over his children.

HABEAS CORPUS Prerogative writ of liberty employed to test the validity of a persons detention Grounds: Arbitrary PHYSICAL and MORAL restraint Available also when: o Conviction of a court without jurisdiction o Sentence becomes invalid o Sentenced to a longer penalty o Unlawful denial of bail o Violation against speedy trial Valid suspension of the privilege o Invasion or Rebellion o When the public safety requires it (ART III Sec 15) Congress may revoke/extend

SC may review/annul if o not based on the 2 grounds o No factual basis Writ of Amparo courts will be more diligent in the protection of the life, liberty and security of the desaparecido and can order the respondent to exert MORE and ACTUAL effort in locating the missing person and show that he is in a good condition and has not been maltreated by authorities Habeas Data - access to information

CRIMINAL DUE PROCESS Criminal Cases only and purely to their procedural requirements Criminal Due Process o Tried by an IMPARTIAL AND COMPETENT COURT o In ACCORDIANCE WITH THE PROPER PROCEDURE PRESCRIBED BY LAW o With PROPER OBSERVANCE OF THE RIGHTS ACCORDED HIM UNDER THE CONSTITUTION AND APPLICABLE STATUES Mistrial may be declared if: o Proceedings were held that would prevent the accused from freely making his defense o Prevent the judge from arriving at his decision

PRESUMPTION OF INNOCENCE Does not apply when: o Overcame by contrary presumption based on experiences of human conduct o Failure on the part of the accused to explain his possession of a stolen property o If there is some rational connection between the fact proved and the ultimate fact presumed, and the inference of one fact from proof of another shall not be so unreasonable as to be a purely arbitrary mandate

RIGHT TO BE HEARD BY HIMSELF AND COUNSEL Cannot be waived because there can be no fair hearing unless the accused be given an opportunity to be heard by himself & counsel - Science of law, rules of procedure The court must see to it that the counsel does his duty to the defendant

RULE 113 - ARREST Sec. 5. Arrest without warrant; when lawful. A peace officer or a private person may, without a warrant, arrest a person:chanroblesvirtuallawlibrary

(a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; (b) When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it; and (c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.

In cases falling under paragraphs (a) and (b) above, the person arrested without a warrant shall be forthwith delivered to the nearest police station or jail and shall be proceeded against in accordance with section 7 of Rule

RULE 126 - SEARCH AND SEIZURE Sec. 3. Personal property to be seized. A search warrant may be issued for the search and seizure of personal property (a) Subject of the offense;

(b) Stolen or embezzled and other proceeds, or fruits of the offense; or (c) Used or intended to be used as the means of committing an offense. Sec. 4. Requisites for issuing search warrant. A search warrant shall not issue except upon probable cause in connection with one specific offense to be determined personally by the judge after examination under oath or affirmation of the complainant and the witness he may produce, and particularly describing the place to be searched and the things to be seized which may be anywhere in the Philippines Sec. 5. Examination of complainant; record. The judge must, before issuing the warrant, personally examine in the form of searching questions and answers, in writing and under oath, the complainant and the witnesses he may produce on facts personally known to them and attach to the record their sworn statements, together with the affidavits submitted. Sec. 6. Issuance and form of search warrant. If the judge is satisfied of the existence of facts upon which the application is based or that there is probable cause to believe that they exist, he shall issue the warrant, which must be substantially in the form prescribed by these Rules. Sec. 7. Right to break door or window to effect search. The officer, if refused admittance to the place of directed search after giving notice of his purpose and authority, may break open any outer or inner door or window of a house or any part of a house or anything therein to execute the warrant to liberate himself or any person lawfully aiding him when unlawfully detained therein. Sec. 8. Search of house, room, or premises to be made in presence of two witnesses. No search of a house, room, or any other premises shall be made except in the presence of the lawful occupant thereof or any member of his family or in the absence of the latter, two witnesses of sufficient age and discretion residing in the same locality. Sec. 11. Receipt for the property seized. The officer seizing the property under the warrant must give a detailed receipt for the same to the lawful occupant of the premises in whose presence the search and seizure were made, or in the absence of such occupant, must, in the presence of at least two witnesses of sufficient age and discretion residing in the same locality, leave a receipt in the place in which he found the seized property. Sec. 12. Delivery of property and inventory thereof to court; return and proceedings thereon. (a) The officer must forthwith deliver the property seized to the judge who issued the warrant, together with a true inventory thereof duly verified under oath. A violation of this section shall constitute contempt of court. Sec. 13. Search incident to lawful arrest. A person lawfully arrested may be searched for dangerous weapons or anything which may have been used or constitute proof in the commission of an offense without a search warrant.