CHAPTER 11: LIBERTY OF ABODE & TRAVEL Union of both tends to destroy government and degrade religion The
oth tends to destroy government and degrade religion
Article III, Section 6 The liberty of abode & 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
Purpose
To further emphasize the individuals liberty as safeguarded in
general terms by the due process clause
Includes the right to choose ones residence, to leave it whenever
he pleases, and to travel wherever he wills
Limitations
Liberty of abode can be limited upon lawful order of the court
Right to travel by the requirements of national security, public
safety or public health as may be provided by law
CHAPTER 12: FREEDOM OF RELIGION
Freedom of religion includes freedom from religion; the right to worship
includes the right not to worship
Religion
Any specific system of belief, worship, conduct, often involving a
code of ethics & a philosophy
A profession of faith to an active power that binds & elevates man
to his Creator
Includes a rejection of religion, a refusal to believe in a hereafter
or in the supremacy of supernatural person with powers over life
& death
Embraces matters of faith & dogma, agnosticism, & atheism
Religion in the Constitution
Article V, Section 5 No law shall be made respecting an
establishment of religion, or prohibiting the free exercise
thereof. The free exercise & enjoyment of religious
profession & worship, without discrimination
preference, shall forever be allowed. No religious test shall
be required for the exercise of civil or political rights
Article XV, Section 3(1) The State shall defend the right
of spouses to found a family in accordance with their
religious convictions & the demands of responsible
parenthood
Article II, Section 6 The separation of Church & State
shall be inviolable
To delineate boundaries between the two institutions & thus
avoid encroachments by one against the other because of a
misunderstanding of the limit of their respective exclusive
jurisdictions
The constitution's religion clause's prescribe not a strict but a
Establishment clause:
o Two values sought to be protected:
1) Voluntarism
growth of a religious sect as a social force must come
from the voluntary support of its members because of
the belief that both spiritual and secular society will
benefit if religions are allowed to compete on their own
intrinsic merit without benefit of official patronage
2) Insulation of the political process from interfaith dissension
voluntarism cannot be achieved unless the political
process is insulated from religion and unless religion is
insulated politics
o No violation if:
1) A statute has secular legislative purpose
2) Its principal effect is one that neither advances nor inhibits
religion
3) Does not foster an excessive government entanglement
with religion
o Mandates a strict neutrality in affairs among religious groups
o Prohibits the establishment of a state religion & use of public
resources for the support or prohibition of a religion
To be read specifically with Article VI, Section 29(2) prohibiting
appropriations of public funds for sectarian purposes
Payment of public funds is prohibited to ecclesiastics as long as
they serve the government in a non-ecclesiastical capacity
Intramural Religious Disputes
o These are questions that may be resolved by the religious
authorities themselves & among themselves only
o Whatever dogma is adopted by a religious group cannot be
binding upon the State if it contravenes its valid laws
o Principle of separation of Church & State is based on mutual
respect
Religious Profession & Worship
Freedom to believe
Absolute as long as the belief is confined within the realm of
or
thought
Everyone has a right to his beliefs & he may not be called to
account because he cannot prove what he believes
Freedom to act on ones belief
Subject to regulation where belief is translated into external
acts that affect the public welfare
Where the individual externalizes his beliefs on acts or
omissions that affect the public, his freedom to do so becomes
subject to the authority of the State
Enjoyed only with a proper regard for the rights of others
To determine which shall prevail as between religious freedom &
the powers of the State, is always a test of reasonableness
Compelling State Interest test (Estrada vs Escritor)
benevolent neutrality (which recognizes that government must
pursue its secular goals and interests, but at the same time,
strive to uphold religious liberty to the greatest extent possible
within flexible constitutional limits
benevolent neutrality could allow for accommodation morality
based on religion provided it does not offend the compelling
state interest test
Two steps:
o Inquire whether respondent's right to religious freedom has
been burdened
o Ascertain respondent's sincerity in her religious belief.
Religious Tests
Constitutional prohibition against religious tests is aimed against
clandestine attempts on the part of the government to prevent a
person from exercising his civil or political rights because of his
religious beliefs
CHAPTER 13: FREEDOM OF EXPRESSION
Freedom of Speech has been defined by Wendel Philips as at once the
instrument & the guaranty & the bright consummate flower of all
liberty. This definition embraces a number of cognate rights all
aimed at the insuring the free & effective communication of ideas
from mind to mind. However, freedom of expression is available only
insofar as it is exercised for the discussion of matters affecting the
public interest; purely private matters do not come within the
guaranty.
Importance
The Constitution provides that sovereignty resides in the people"
who manifest it regularly through their suffrages &, more
frequently & generally, by the assertion of freedom of expression.
Freedom of expression is the opportunity to participate in the
shaping of public affairs. As an individual particle of sovereignty,
every citizen has a right to offer his views & suggestions in the
discussion of the common problems of the community.
In the case of Abrams v. U.S. (250 US 610), Justice Holmes, in his
dissent to the conviction of Abrams, argued for the social benefit
of unrestrained free speech & wrote:
[T]he ultimate good desired is better reached by a free trade in
ideasthat the best test of truth is the power of the thought to
get itself accepted in the competition of the market; & that truth is
the only ground upon which their wishes safely can be carried
out.
 Freedom of expression is a peaceful method in making passionate
defense; it prevents people from resorting to violence. In the
recent case of Diocese of Bacolod v. Commission on Elections (GR
No. 205728, January 21, 2015), The Supreme Court held that free
speech must also be protected under the safety valve theory,
which provides that nonviolent manifestations of dissent reduce
the likelihood of violence.
Scope
Ideas that may be expressed are not confined only to those
sympathetic or acceptable to the majority; it must permit the
articulation of even the unorthodox view.
The freedom to speak includes the right to be silent. From the
Barnette case (W.Va. Board of Education v. Barnette, 219 US 624),
"it is the liberty to utter what is in his mind alsothe liberty not to
utter what is not in his mind." It also includes the right to an
audience. The State cannot prohibit the people from hearing what
a person has to say, whatever may be the quality of his thoughts.
However, it is not demandable against those unwilling to listen;
the audience has the right to listen, at the same time, the right
not to listen.
Freedom of expression constitutes one of the essential
foundations of democratic society. This is according to the
Supreme Court when it reversed the rejection of Comelec of the
party-list application of registration of the LGBT in the case of Ang
Ladlad LGBT Party v. Commission of Elections (618 SCRA 32). The
Court held that "our democracy precludes using the religious or
moral views of one part of the community to exclude from
consideration the values of other members of the community."
Modes of Expression
1) Oral & written language, includes commercial speech & political
speech
2) Symbolism, includes conduct
Elements
Freedom from previous restraint or censorship
Section 4, Article III. 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 & petition the
Government to redress of grievance.
Censorship conditions the exercise of the freedom of expression
upon prior approval of the government. It need not partake of
total suppression; even restriction of circulation
unconstitutional.
The censor thus assumes the unlikely role of political, moral,
social & artistic arbiter for the people, usually applying only his
subjective standards in determining what is good & what is not
good for them. Such authority is anathema in a free society.
In the case of Iglesiani Cristo v. CA, the criticism made by the
INC against other religion did not create a clear & present
danger requiring the prior restraint of the state. & in Primicias v.
Fugoso, The Supreme Court ordered the permit issued, holding
that the responded could only reasonable regulate, not
absolutely prohibit, the use of public places for the purpose
indicated.
Freedom from subsequent punishment
Section 18 (1). No person shall be detained solely by reason
of his political beliefs & aspiration
Freedom of speech includes freedom after the speech. Without
this assurance, the citizen would hesitate to speak for fear he
might be provoking the vengeance of the officials he has
criticized.
Freedom of expression is not absolute. Like all rights, it is
subject to the police power & may be properly regulated in the
interest of the public.
In the case of GSIS v Villavisa, where they wore red t-shirt as
they marched toward & appeared before the petitioner's
Investigation Unit to support their co-workers who were
administratively charged before the Civil Service Commission
with grave misconduct & prejudicial to the best interest of the
service. The Court held that government workers whatever
their ranks, have as much right as any person in the l& to voice
out their protests against what they believe to be a violation of
their rights & interest.This freedom can be reasonably
regulated only but can never be taken away.
3 major criteria to determine the liability of the individual for
ideas expressed by him:
1) The Clear & Present Danger Rule
o In the case of Schenk v United States, Justice Holmes
formulated that the question in every case is whether the
words used are in such circumstances & are of such nature
as to create a clear & present danger that they will bring
about the substantive evils that the state has the right to
prevent. It is a question of proximity & degree. It must be
clear & present. The rule is that danger created must not
only be clear & present but also traceable to the ideas
in
expressed in clear points, a causal connection with the
danger of the substantive evil arising from the utterance
questioned, & present, referring to the time element.
2) The Dangerous Tendency Doctrine
o In the early stages of Philippine jurisprudence, the
accepted rule was that speech may be curtailed or
punished when it "creates a dangerous tendency which the
State has the right to prevent." All it requires, for the
speech to be punishable, is that there be a rational
connection between the speech & the evil apprehended. In
the case of People vs. Perez (45 Phil. 599), Perez's remarks
against Governor-General Wood was found a seditious
tendency which could easily produce disaffection among
the people & a state of feeling incompatible with a
disposition to remain loyal to the Government & obedient
to the laws. Justice Malcolm said for the Court, "criticism,
no matter how severe, on the Executive, the Legislature, &
the Judiciary, is within the range of liberty of speech,
unless the intention & effect be seditious."
3) The Balance-of-Interest Test
o The balance of interests rests on the theory that
constitutional freedoms are not absolute & that they may
be abridged to some extent to serve appropriate &
important interests. While the dangerous tendency
doctrine prefers authority, the clear & present danger rule
prefers liberty. The balancing test resolves the issue in the
light of the peculiar circumstances obtaining in each
particular case.
Types of regulation based on the restraint upon these freedoms:
Content-based regulation or censorship
o Restriction is based on the subject matter of the utterance or
speech
Content neutral regulation
Concerned merely with the incidents of the speech, or one
o
that merely controls the time, place or manner, & under well-
defined standards.
Criticism of Official Conduct
The constitutional guarantee requires federal rule that prohibit a
public official from recovering damages for a defamatory
falsehood relating to his official conduct unless he proves that the
statement was made with "actual malice" meaning that it was
false or with reckless disregard of whether it was false or not.
The people have a right to scrutinize & commend or condemn the
conduct of a public servant as well as public figures. A private
individual may still be subject to public comment as long as he is
involved in a public issue.
Even judicial authority cannot escape the criticism as long as such
legitimate criticism shall be bona fide & shall not spill the walls of
 decency & propriety. The guarantee of free speech is not absolute
& must occasionally be balanced with the requirements of equally
important public interests, such as the maintenance of the
integrity of the courts & orderly functioning of the administration
of justice.
Art & Obscenity
The basic guidelines for the tried facts must be: (a) whether the
average person applying contemporary community standards
would find that the work, taken as a whole, appeals to the prurient
interest; (b) whether the work depicts or describes, in a patently
offensive way, sexual conduct specifically defined by
applicable state law; & (c) whether the work taken as a whole
lacks serious literary, artistic, political, or scientific value.
In determining whether the material goes substantially beyond
customary limits of candor & affronts contemporary community
standards of decency, the courts should apply the standard of the
community in which the materials is being tested, not the national
standard. The determination of the meaning of "obscenity" should
be done on a case to case basis.
Tests:
1) Whether the average person, applying contemporary standards,
would find that the work, taken as a whole, appeals to the
prurient interest
2) Whether the work depicts or describes, in a patently offensive
way, sexual conduct specifically defined by the applicable law
3) Whether the work, taken as a whole, lacks serious literary,
artistic, political, or scientific value
Assembly & Petition
The right of assembly & petition is equally as fundamental as
freedom of expression; the standards for allowable impairment of
speech & press are also used for assembly & petition.
In Primicias vs. Fugoso (80 Phil. 71) where the respondent mayor
sought to defend his refusal to issue permit, the Court ruled that
the power of the local officials to allow the use of public places for
lawful assemblies is only one of regulation & not prohibition. Fear of
serious injury cannot alone justify the suppression of free speech &
assembly.
The tests of a lawful assembly should be:
Purpose test (the purpose for which the assembly is held);
Auspices test (the relations if the speakers)
Right of Association
The right of association is recognized in Article III, Section 8 of the
1987 Constitution. It provides that the people, including those
employed in the public & private sectors, have the right to form
unions, associations or societies for purposes not contrary to law
shall not be abridged. It is incidental to freedom of expression for
it is more efficient & effective than a person individually doing it.
The right of association is already comprehended in the due
process clause as a part of persons liberty. However, the
Constitutional Commission deemed it as advisable to have a
separate section for this right so that emphasis of it can be given.
Hence, the right of association is a specific right.
It also implies the right not to associate. In the case of Victoriano
vs. Elizalde Rope Workers Union, the Supreme Court sustained
the exception provided in Republic Act No. 3350 which exempted
members of religious sectors not allowed to join associations, from
the
complying with their closed-shop agreements with
employers. The rationale of this decision was that it upheld the
right not to associate. However, a lawyer cannot invoke as a
defense for the non-payment of IBP dues which is ad duty of every
lawyer. By passing the bar, he becomes a Member of the Bar & is
automatically integrated with the other members.
It also implies the right of confidentiality of the list of its members.
In the case of National Association for the Advancement of
Colored People v. Alabama, the U.S Supreme Court held that the
said association may not be compelled to reveal the list of
members for it would result to reprisals by those opposing to their
purpose. However, in the case of Bouyant vs Zimmerman, the U.S
Supreme Court held that the compulsion can be made if the
association is organized for the purpose of committing crimes.
Scope:
As expressly provided in the 1987 Constitution, the right of
association is not only guaranteed to people, but also to public
& private employees. However, public employees are restricted
from organizing strikes against their employer, the Government
as held in SSS Employees Association vs Court of Appeals, for
the Constitutional Commission did not include that said right.
Limitation
What is not permitted by the Constitution is its unlawful
deprivation. Hence, it can be lawfully deprive by exercise of
police power. In the case of People vs Ferrer, the Supreme Court
sustained the Anti-Subversion Act for its purpose was to prohibit
the forming of associations organized to overthrow
government. The Government has the right of self-preservation.
Hence, the said Act was sustained
In addition to that, the Supreme Court held in Liberty Flour Mills
Association vs. Liberty Flour Mills Inc., that a law allowing
employers to require an employee to be a member of a labour
union is valid for unionism is encouraged by the policy of the
State.
Access to Information
Article III, Section 7 of the said Constitution provides that
recognizes the right of the people to information on matters of
public concerns. Hence, this Section granted the people to have
access on official records pertaining to official acts, transactions,
or decisions, as well as to government research data used as basis
for policy development.
In connection to this said right, the Constitution mandated that
legislative journals should be published except those information
their affecting the national security.
The right to access to information is incidental to the freedom of
expression because it would enable citizens to express
knowledgeably & intelligently his views pertaining to public issues
Limitation
Access to information can be regulated on the basis of
prevention of damage or loss of public records, prevention of
undue interference of government duties & the assurance of the
exercise of the same constitutional rights by the others. Thus,
prohibiting access to information or making the disclosure of
such information dependent upon the discretion of the said
agencies is an unlawful deprivation of the said right.
Conclusion
Freedom of Expression is a guarantee of the Constitution which
includes freedom from previous restraint & censorship & freedom
from subsequent punishment. However, it is not absolute; an
expression of an idea may be held liable subject to the tests of
clear & present danger, Dangerous Tendency, & the balancing of
interest
The freedom includes criticizing the conduct of public figures &
artistic expression, though subject to the standards of decency of
the community exposed to it.It is implied, at the same time
distinct from, the right to assembly & petition, right to association,
& right to access to information.
CHAPTER 14: THE IMPAIRMENT CLAUSE
No law impairing the obligation of contracts shall be passed
Purpose: to safeguard the integrity of valid contractual agreements
the
against unwarranted interference by the State
Not absolute
Contract
Any lawful agreement on property or property rights, whether real
or personal, tangible or intangible
Agreement may be executed or executory
 Parties may be private persons only, natural or artificial, or private
persons on the one h& & the government or its agencies on the
other
Does not cover licenses or license agreements as these involve
grants of privileges only that are essentially revocable; neither
does it include marriage contracts
Public office is not a property right & cannot be the subject of a
contract between the incumbent & the government the office
itself, if created by statute, may be modified or even abolished
EXCEPT:
o Where the salary has already been earned, it will be deemed
a vested property right
Law
Statutes enacted by the national legislature, EOs & administrative
regulations promulgated under a valid delegation power, &
municipal ordinances passed by local legislative bodies
To impair, the law must retroact to affect existing contracts before
enactment
Obligation
The vinculum juris of the contract the tie that binds a party to
the other
Impairment
Anything that diminishes the efficacy of the contract
Degree of diminution is immaterial, as long as the original rights
of either of the parties are changed to his prejudice, there is an
impairment
In case of remedies, there will be impairment only if all of them
are withdrawn, with the result that either of the parties will be
unable to enforce his rights under the original agreement
Limitations
A contract valid at the time of its execution may be legally
modified or even completely invalidated by a subsequent law
proper exercise of police power, it will prevail over the contract
Freedom to contract is not absolute all are subject to police
power & all such regulations which affect them must be subject to
change from time to time
All private contracts must yield to the superior & legitimate
measures taken by the State to promote public welfare applies
to special contracts
Police power to superior to the non-impairment clause in the
interest of public health, safety, morals, & general welfare of the
community
Powers of eminent domain & taxation may validly limit the
impairment clause
A lawful tax on a new subject, or an increased tax on an old
one, does not interfere with the contract or impair its obligation
Where a law grants a tax exemption in exchange for a valuable
consideration, such exemption is considered a contract &
cannot be repealed
CHAPTER 15: EX POST FACTO LAWS
No ex post facto law or bill of attainder shall be enacted
Ex Post Facto Law
Operates retroactively to affect antecedent facts
One that would make a previous act criminal although it was not
so at the time it was committed
Kinds:
Every law that makes criminal an act done before the passage
of the law which was innocent when done
That aggravates a crime or makes it greater that when it was
committed
Changes the punishment and inflicts a greater one
Alters the legal rules of evidence & receives less of different
testimony that the law required
Assuming to regulate civil rights & remedies only, in effect
imposes a penalty or the deprivation of a right for something
which when done was lawful
Deprives persons accused of crime of some lawful protection to
which they have become entitled
Characteristics:
1) Refer to criminal matters
2) Be retroactive in its application
3) To the prejudice of the accused
Remedial laws may be given retroactive effect & may be made
to apply to actions pending & undetermined at the time of their
passage
Even if the law be penal & retroactive, it will still not be ex post
facto if it does not operate to the disadvantage of the accused
Bill of Attainder
Characteristics:
S legislative act that inflict punishment without trial
Envisages & effects the imposition of a penalty deprivation of
life, liberty, or property not by the ordinary process of judicial
trial but by legislative fiat
CHAPTER 16: NON-IMPRISONMENT FOR DEBT
No person shall be imprisoned for debt or non-payment of a
poll tax
Debt
Any civil obligation arising from contract, expressed, or implied
Includes debts obtained through fraud since no distinction is made
Remedy is a civil action only for the recovery of unpaid debt
Crime
Debtor can be validly punished in criminal action if he contracted
debt through fraud the act for which he is penalized is the
DECEPTION he employed in securing the debt
Suspension of a civil servant for failure to pay a just and admitted
debt is an administrative sanction & does not violate the
prohibition against non-imprisonment for debt
Poll Tax
Failure to pay taxes can be validly punished with imprisonment
EXCEPTION: failure to pay poll tax
A specific sum levied upon every person belonging to a certain
class without regard to his property or occupation
CHAPTER 17: INVOLUNTARY SERVITUDE
Slavery in the PH was at best only tribal
Section 18 (1) No person shall be detained solely by reason of
his political beliefs & aspirations
(2) No involuntary servitude in any form shall exist except as
a punishment for a crime whereof the party shall have been
duly convicted
Definition
Condition of one who is compelled by force, coercion, or
imprisonment, & against his will to labor for another whether he
paid or not
Slavery
Civil relation in which one man has absolute power over the life,
fortune, & liberty of another
Peonage
A condition of enforced servitude by which the servitor is
restrained of his liberty & compelled to labor in liquidation of
some debt or obligation, real or pretended, against his will
Exceptions
Punishment for a crime whereof the party shall have been duly
convicted
A person may not as s rule be compelled to accept a public
appointive office he may not refuse to do so fi the position is
intended for the defense of the State
Article II, Section 4 All citizens may be required under
conditions provided by law, to render personal military
or civil service
Persons may be validly pressed into service under the posse
comitatus for the apprehension of criminals justified under police
power
Unemancipated minors come under the patria potestas & are
obliged to obey their parents so long as they are under parental
power& to observe respect & reverence toward them always
Application
Under the RPC, penalties imposed upon any person who, in order
to require or enforce the payment of a debt, shall compel the
debtor to work for him, against his will, as household servant or
farm-laborer

CHAPTER 18: THE WRIT OF HABEAS CORPUS
Directed to the person detaining another, commanding him to produce
the body of the prisoner at a designated time & place, with the day
& cause of his caption & detention
Ultimate purpose: to relieve a person from unlawful restraint
When Available
Liberty of an individual may be restored where he is subjected to
physical or moral restraint also in cases involving the rightful
custody over a minor
Procedure
Only the privilege to the writ may be suspended
Application is filed & the court finds the petition in proper form, it
will issue the writ as a matter of course, ordering the production of
the person allegedly detained & requiring the respondent to justify
the detention
Suspension of the privilege is the exception; the rule being the
affirmation & not the limitation of liberty
Grounds for Suspension
To the President is entrusted the power to suspend the privilege
The SC decidedly has the power to annul the suspension if the
same is not based on either of the two grounds enumerated in the
Constitution:
a)Invasion or rebellion
b)When public safety requires it
Calling-Out Power of the President (& how ML works)
a) May call out the AFP to prevent or suppress lawless violence,
invasion, or rebellion ONLY
b) Grounds for suspension of the privilege & proclamation of ML
are limited to invasion or rebellion when the public safety
requires it
c) Duration of such: shall not exceed 60 days
d) Within 48 hours after such, President shall personally or in
writing, report his action to Congress (Informing Power)
e) If not in session, Congress shall convene within 24 hours
f) Congress, by majority vote of all its Members voting jointly,
revoke his action may not be set aside by the President
g) Congress may, upon initiative of the President, extend the
suspension or proclamation for a period determined
Congress if the invasion or rebellion shall continue & public
safety requires such (based on factual basis)
h) Actions of President & Congress are subject to review by the SC
have the authority to determine the sufficiency of the factual
basis may be raised in an appropriate proceeding & decide
such within 30 days from filing
i) Challenge may be filed by any citizen
j) Civil courts & legislative bodies shall remain open military
courts & agencies are not conferred jurisdiction over civilians
where the civil courts are functioning
k) Suspension shall apply only to persons facing charges of
rebellion or offenses inherent in or directly connected with
invasion
l) Any person arrested must be judicially charged wherewith
within 3 days otherwise he shall be released
Congress may, on his initiative, extend such measures with the
concurrence of only a majority of its Members voting jointly, the
same vote needed to revoke the presidential acts extension may
be indefinite, depending on the discretion of the legislature, which
may be dictated by the President
The Writs of Amparo & Habeas Data
To make the writ of habeas corpus more efficacious
Both became effective in February 2008\
Writ of Amparo
A special proceeding, a remedy by which a party seeks to
establish a status, a right or particular fact
May be file dby any concerned citizen, organization, association,
or institution only if there is no known member of the
immediate family or relative of the aggrieved party
Courts will be more diligent in the protection of the life, liberty,
& security of the deaparecido & can order the respondent to
exert more & actual effort in locating the missing person,
showing that he is in good condition & has not been maltreated
by the authorities provide more protection
Covers extrajudicial killings & enforced disappearances or
threats thereof
Mere substantial evidence is required direct & circumstantial
evidence, indica, & presumptions may be considered, so long as
they leas to conclusions consistent with the admissible
evidence adduced
by Writ of Habeas Data
Intended to insure the human right to privacy by requiring the
respondent to produce the necessary information to locate the
missing person or such data about him that have gathered in
secret to support the suspicion that he has been taken into
custody in violation of his constitutional rights, has been
salvaged without benefit of lawful trial
Sought to secure destruction of such secret information
gathered in violation of the persons right to privacy to justify
summary action against him by the government or any private
entity
Operates to protect a persons right o control information
regarding himself
Indispensable requirement:
o Substantial evidence of an actual or threatened violation of
the right to privacy in life, liberty, or security of the victim
o Requires concrete allegations of unjustified or unlawful
violation of the right to privacy related to the right to life,
liberty, or security
CHAPTER 19: SPEEDY DISPOSITION OF CASES
Article III, Section 16 All persons shall have the right to a
speedy disposition of their cases before all judicial, quasi-
judicial, or administrative bodies
Article III, Section 14(2) Accused shall be entitled to a speedy
trial
Article VIII, Section 5(3) The SC is now expressly permitted to
temporarily assign a judge from one station to another when
the public interest so requires, as when there is a necessity
for a less occupied judge to help a busier colleague in
another district
Implementation depends ultimately upon the SC
Even the Ombudsman may be compelled by mandamus to resolve
both administrative & criminal cases expeditiously
Dismissal of the case for violation of this right is the general rule,
although it may be deemed waived if not seasonably invoked before
the trial court
It may not be raised for the first time on appeal
Balancing Test:
Determination of whether the defendant has been denied his right
to a speedy disposition of a case the following factors may be
considered & balanced:
1) Length of delay
2) Reasons for the delay
3) Assertion or failure to assert such right by the accused
4) Prejudice caused by the delay