Section 1.

No person shall be deprived of life, liberty, or property without due process of law, nor
shall any person be denied the equal protection of the laws.
POLICE POWER
-Police Power rests upon public necessity and upon the right of the state and of the public to
self-protection. Its scope expands and contracts with changing needs. Churchill v. Rafferty, 1915
Does MMDA possess police power?
No. It is not a political subdivision but merely a political authority with no police power. It is only
exercised by cities and municipalities. MMDA v. Bel-air Village association, 2000
RIGHT TO LIFE
Not just to be alive but also to a good life as emphasized in article 2 section 6. Which provide for
a life of dignity and section 7 which promote a decent standard of living.
RIGHT TO PROPERTY
-The right to guard trade secrets, manufacturing formulas, strategies and information from
competitors within reasonable necessity is valid. Duncan Association of Employees. V. Glaxo
Wellcome, 2014
RIGHT TO PROPERTY
A law that orders discontinuance of a pension of a retired military officer if he becomes a US
citizen, is not violative to the equal protection clause. It is a privilege and not absolute. It is valid
if the office finds it no longer applicable. Parreno v. COA
DUE PROCESS
Publication of laws, decrees and executive orders promulgated by the President are required as
directly conferred by the constitution. Administrative rules and regulations must be published as
well. Republic v. Pilipinas shell, 2008
PROCEDURAL DUE PROCESS
A person who is charged with administrative case is not entitled to be informed of the findings
and recommendations of an investigating committee. Only the administrative decision based on
substantive evidence made of record, and reasonable opportunity to meet the charges and the
evidence against him. Pefianco v. Moral, 2000
REQUISITES OF PROCEDURAL DUE PROCESS: Banco Espanol Filipino v. Palanca, 1918
SAME AS JUDICAL PROCEEDING
1. A court to hear and determine the matter before it
2. Jurisdiction must be lawfully acquired over the person of defendant or over the subject
property
3. The defendant must be given the opportunity to be heard
4. Judgment must be rendered upon lawful hearing
Requisites of ADMINISTRATIVE proceedings: Fabella v. CA, 1997
1. The right to actual or constructive notice of the institution of proceedings which may affect a
respondents legal rights
2. A real opportunity to be heard personally or with the assistance of counsel, to present
witnesses and evidence in ones favor, and to defend ones rights
3. A tribunal vested with competent jurisdiction and so constituted as to afford a person charged
administratively a reasonable guarantee of honesty as well as impartiality
4. A finding by said tribunal which is supported by substantial evidence submitted for
consideration during the hearing or contained the records or made known to the parties affected

SUBSTANTIVE DUE PROCESS

Ordinance - If within the general welfare clause, for the protection of morals, police exercise is
valid, but if violative of the right to property, is invalid. White light corp. v City of manila, 2009
INTERFERENCE OF THE STATE TO LIFE LIBERTY OR PROPERTY
1. Distinguished from particular class the general interest of the public
2. that the means are reasonably necessary for the accomplishment of the purpose and not
unduly oppressive to individuals
-the legislature may not interfere with private business or impose unnecessary restrictions upon
lawful occupations, United states v. Toribio, 1910
EQUAL PROTECTION
it guarantees legal equality or the equality of all persons before the law. It does not demand
absolute equality. It merely requires that all persons shall be treated alike, under like
circumstances and conditions both as to privileges conferred and liabilities enforced.
If it serves valid purpose such as to equalize opportunity between rich and poor, it is valid. The
principle of Equal pay for Equal work requires that persons who work with equal qualifications,
skills, effort should be paid similar salaries. Intl School Alliance of Educators v. Quisumbing,
2000
Section 2. 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, and particularly describing the place to be
searched and the persons or things to be seized.
Checkpoints are not illegal, where the survival of organized government is on the balance,
where lives and safety of the people is in peril and inspection becomes more thorough it is
deemed to have probable cause therefore valid. Valmonte v.General de Villa, 1990
PROBABLE CAUSE
SUCH FACTS AND CIRCUMSTANCES Antecedent TO THE ISSUANCE OF A WARRANT THAT ARE IN
THEMSELVES SUFFICIENT TO Induce A CAUSTIOUS MAN TO RELY UPON THEM.
To establish probable cause of illegal possession of firearms the witness must have personal
knowledge of the existence of the firearms and of the absence of license for such firearms.
Betoy v. Judge, 2006
A mere conclusion of law is not considered a probable cause. Corro v. Lising, 1985
Anonymous caller tipped the police. Invalid search and seizure. The state protects the privacy
and sanctity of the person against unlawful arrests and other forms of restraint. People v.
Bolasa, 1999
Only judge may issue a search warrant. Republic v. Sandiganbayan, 1996
The prosecutors probable cause is ineffectual. The judge must look at the report, affidavits, and
other supporting documents of the prosecutor. Lim v. Felix, 1991
The examining judge has to take depositions in writing of the complainant and the witnesses he
may produce and the records, it is necessary to be able to determine the existence or non
existence of a probable cause, to hold liable for perjury if found declarations to be false. People
v. Mamaril, 2004

A search warrant may be said to particularly describe the things to be seized when the
description therein is as specific as the circumstances will ordinarily allow and by which the
warrant officer may be guided in making the search and seizure. Bache & Co. v. Ruiz, 1971
A john doe is valid provided it contains a desctiptio personae to enable the officer to identify the
accused. People v. Veloso, 1925
Requisites for a valid warrant:
1. It must be issued upon PROBABLE CAUSE.
2. The existence of probable cause is determined personally by the JUDGE.
3. The judge must EXAMINE UNDER OATH the complainant and the witnesses he may produce.
4. The warrant must PARTICULARLY DESCRIBE the place to be searched and person or things to
be seized.
WARRANTLESS ARREST
1. when in his presence, the person is about to commit or is committing or committed an
offense
2. when the officer has personal knowledge of the facts that the person committed an offense it
3. prisoner who has escaped
Section 3. (1) 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.
(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for
any purpose in any proceeding.
When is INTRUSION allowed?
Upon lawful order of the court or when public safety or order requires otherwise as prescribed
by law.
INTRUSION WITHOUT JUDICIAL ORDER:
Upon official assessment as prescribed by law, due to public safety and order because public
safety and order is defined to as the security of the human lives, liberty and property against
activities of invaders, insurrectionists, and rebels.
Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the
press, or the right of the people peaceably to assemble and petition the government for redress
of grievances.
Comelec regulation of time, content of broadcast media, and space in the papers is not violative
since the act is paramount to public welfare and interest. National Press Club v. COMELEC, 1992
If it doesnt present clear and present danger to government, an act is invalid. Adiong v.
COMELEC, 1992
Regulation of Exit Polls: tendency to confuse. No present clear and present danger therefore
invalid. ABS-CBN V. COMELEC, 2000
COMMERCIAL SPEECH
Commercial speech be protected if it is not false or misleading and is not an illegal transaction
It can be regulated if: Central Hudson Gas and Electric Corp. v. Public Service Commission of NY,
1980
Pharmaceutical v. Sec of Health, 2007
1. If government has substantial interest to protect
2. the regulation directly advances that interest

3. it is more extensive than is necessary to protect that interest.

LIBEL when is defamatory imputation malicious?
There is malice when the author of the imputation is prompted by ill-will or spite and
speaks not in response to duty but merely to injure the reputation of the person who claim to
have been defamed. Alonzo v. CA, 1995
Exceptions: Privileged communications.
1. made in the performance of any legal, moral or social duty
2. made in good faith without any comments or remarks of any juridical, legislative or official
proceedings which are not confidential in nature.
What does actual malice mean?
It means with knowledge that it was false or with reckless regard of whether it was false or
not
What is the test for obscenity?
1. whether the average person, applying contemporary community standards would find that
the work appeals to the prurient interest
2. depicts or describes offensive, sexual content defined by state law
3. whether the work taken lacks serious literary, artistic, political or scientific value.
OBSCENITY: BAN SEX INTERNET
Prohibition or regulations deprives adult shows, which do not come under the definition of
obscenity therefore legitimate for adults. Reno v. American Civil Liberties Union, 1997
Permit to hold an ASSEMBLY
1. Sufficient proof to satisfy the clear and and present danger test
2. There is no showing that the distance between the chancery and the gate is less than 500fee
Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free
exercise thereof. The free exercise and enjoyment of religious profession and worship, without
discrimination or preference, shall forever be allowed. No religious test shall be required for the
exercise of civil or political rights.
EXCEPTIONS:
Article 6 Section 28(3), charitable institution, churches, parsonages, or convents appurtenant;
mosques, non profit cemeteries
RULES:
Article 6 section 1(2), no public money or property shall be appropriated for the use or support
of religious sect, churche, denomination, institution or system of religion
Note: Every violation of free exercise results from compulsion, while non-establishment does not
need compulsion but support
The dissemination of religious literature if done as a business operation for profit is accountable
or invalid. If not, then no need license. Constitutional guarantee of free exercise and enjoyment
of religious profession and worship carries with it the right to disseminate religious information.
American Bible v. City of Manila, 1957
Distinguish allowable aid from non-allowable aid
1. Must have secular legislative purpose
2. Must have a primary effect that neither advances nor inhibits religion

3. Must not have excessive entanglement with recipient institutions.

Section 6. The liberty of abode and of changing the same within the limits prescribed by law
shall not be impaired except upon lawful order of the court. Neither shall the right to travel be
impaired except in the interest of national security, public safety, or public health, as may be
provided by law.
The right to abode is limited upon lawful order of the court, the right to travel can be limited by
administrative authorities as may be provided by law in the interest of national security, public
safety or public health.
Section 7. The right of the people to information on matters of public concern shall be
recognized. Access to official records, and to documents and papers pertaining to official acts,
transactions, or decisions, as well as to government research data used as basis for policy
development, shall be afforded the citizen, subject to such limitations as may be provided by
law.
Political rights of the people:
1. The right to information on matters of public concern
2. corollary right to access official records and documents
The refusal of comelec to reveal the names of the nomenees for party-list seats violates the
rules on transparency. The right of the people to information on matters of public conern. Ba-Ra
7941 v. comelec, 1986
Exceptions:
1. National Security
2. Trade secrets and banking transactions
3. Criminal matters
Section 8. The right of the people, including those employed in the public and private sectors, to
form unions, associations, or societies for purposes not contrary to law shall not be abridged.
The right to join or form is not absolute and is not violated for as long as it is not contrary to law
and it doesnt show clear and imminent danger. Occena v. Comelec, 1984
The right to strike may be limited by law. SSS v. CA, 1989 and Manila Public School Teachers
Association v. Sec. of Education 1991.
Section 9. Private property shall not be taken for public use without just compensation.
POWER OF EMINENT DOMAIN is limited to:
1. Public Utilities
2. Land reform
3. Abandoned Agricultural Lands
ELEMENTS:
1. there is TAKING of private property
2. the taking must be for PUBLIC USE
3. there must be JUST COMPENSATION
CIRCUMSTANCES CONSTITUTIING THE TAKING:
1. the expropriator must enter the private property

2. the entrance must be permanent and not momentary

3. the entrance is with warrant or color of legal authority
4. the property must be for public use otherwise informally appropriated or injuriously affected
5. The utilization of the property must be to oust the owner and deprive him of all beneficial
enjoyment of the property
Police power regulates or may even destroy property; no transfer of ownership and no
compensation
Eminent domain taking of property with transfer of ownership with compensation
PUBLIC USE use by the public
The party can recover control of the land if the authority ceases to use the property for public
use. Property reverts to the owner in fee simple. Heirs of Moreno v. Mactan Cebu Intl Airport,
2005
JUST COMPENSATION payment of the land or property correctly determined that matches
market value and within reasonable period of time. Municipality of Makati v. CA 1990
Construction of NAIA Airport by contractors was nullified for being contrary to law, they will be
entitled to just compensation through direct payment when the state takes over and exercise
proprietary rights. Republic v. Judge Gingoyon, 2005

Subject to judicial JUDICIAL REVIEW:

1. the adequacy of the compensation
2. the necessity of the taking
3. the taking is for the purpose of public use
If there is a valid contract between the owner of the property and the expropriating authority,
there is no need for expropriation. If no contract, and the owner does not agree to the sale or
the price, then expropriation can be made. Noble v. City of Manila, 1938
LOCAL GOVT EMINENT DOMAIN LIMITATION
1. The order of priority in acquiring and for socialized housing
2. The resort to expropriation proceedings as a means to acquitting it.
Section 10. No law impairing the obligation of contracts shall be passed.
IMPAIRMENT OF CONTRACTS: making it null and void. Clemens v. Nolting, 1922
1. changes in time or mode of performance
2. imposes new conditions
3. authorizes for its satisfaction something different from that provided in the terms
License is a special privilege, not permanent, or absolute and is revocable by the correlative
power of the state. Gonzaga Sy v. Central Bank, 1976
Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance
shall not be denied to any person by reason of poverty.