Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Gil Garcia
I - Sanchez Roman | S.Y. 2017-2018
November 15, 2017 zoology. Now, he wanted to be a doctor. It is a requirement, it is
Bai Johara Irynna B. Sinsuat a staterequired exam, this NMAT, before you can enroll in any
medical school. There was this policy before that you can only
Before we start discussing on the provisions of the Bill take the NMAT 3 times. And, he flunked it, took it, and flunked
of RIghts, under Article III, we go first to the preliminaries. it, as many times as he took it, so 3 times. And, when he tried to
take it again, he applied with the Department of Education, his
Board of Regents. She earned a grade which is supposed to give school here has no clear duty to admit Garcia. First of all, the
her this cum laude honors. But, there was an assessment for school is a seminary for the priesthood, and she is not studying
graduation where it was found out that she was not entitled, or for priesthood. She is a lay person, and a woman. Even if she is
granted, to this because naa syay mga subjects which were qualified to study for priesthood, there is still no duty on the
included in the earlier computation na karon paginclude would school here to admit her to studies because the school here has
Because of the inclusion of that grade, dili na sya matagaan ug standards that they may impose. Again, you cannot just force
the decision here, of the BOR of the UP. She wanted that honors quality education because the school has its own right. Your
NO. Schools of higher learning are given ample discretion to Standards must be met. Here, the Court also had a discussion on
higher learning to decide for itself, its aims and objectives, and freedom of the institution of higher learning.
how to obtain them. Take note of the 4 freedoms.
What is this academic freedom of a faculty member? It is his
of higher learning, in order to determine who may be admitted to after, may make known or publish the result of his endeavors,
the State, the individuals. To require implementing legislation and seizures, under the bill of rights. Were they correct in
would defeat the efficacy of these rights. So, this is one of the invoking those rights? The Court said that NO. Why? Because
distinctions between other rights found in the constitution and you are dealing, you are invoking your rights not against the
rights found in the bill of rights. When we say selfexecutory, police or the NBI, but against the employees of this courier. You
even in the absence of an implementing legislation, the rights in cannot invoke your right here because the bill of rights can only
the bill of rights can be used as a defense or may be invoked as a be invoked against the State. It governs the relationship between
cause of action in any litigation, without any statute or law. So, the state and its citizens. Here, what, who examined the package?
important part here is that the bill of rights can only be invoked naviolate imong right against search and seizures because you are
solely against the state because it is the basic premise of the not slapping that right against he state but a private individual.
power of the state. What about your other dealings? With people? rights. Life, liberty, property mao na siya. More protected ang
We have separate laws, limiting your other rights. We have the imong human rights sa right to life ug liberty, last ang property.
Civil Code, your right vis a vis private individuals. We have the It is still protected pero ang priority is given to human rights.
Revised Penal Code, these are separate laws which deal with Example here was this union. If you are an employee in a
separate rights. Here, bill of rights, we have rights that deal company, nagjoin ug union, nagrally sila. The management
specifically, that you can invoke only against the Ctate. What are allowed them do that, the right, to express themselves, of free
the examples of the cases here? expression, provided that they should do so, not during their shift
so that the operations will not be hampered. But, they did not
Now, as an SOP of the LBC, giabrihan ang package to determine rights. Giterminate sila by the employer because nawalaan sya ug
unsay sulod ani, probably it would be contraband or (). So, in kanang kita. So, they put a way between the rights of the
of this courier na naay marijuana, and so, because of this, expression, etc. And, his own property right daw, mas
nagsumbong sila sa NBI. Adto ang NBI. Gicheck ulit kung mangibabaw ni ang imohang human rights. There is a hierarchy
marijuana ba diay and then gifilean ug kaso, gipangaresto ni of rights in the bill.
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CONSTITUTIONAL LAW II | Atty. Gil Garcia
I - Sanchez Roman | S.Y. 2017-2018
Another concept that we have to learn in the bill is that the rights
in the bill of rights have no retroactive application. They are Q: What happened to this case?
prospective in application. Why? Because the bill of rights is not
A: We have the GSIS who owns a number of shares, over
a penal law. Penal laws, if favorable to the accused, are given 51% of its shares, in what corporation?
retroactive application. Since the bill of rights is not a penal law,
Q: What is that corporation?
it is not given a retroactive application. For example here, we A: It is the Manila Hotel Corporation, which owns daw the
Manila Hotel. So, the GSIS is the owner basically of a
have an accused, nangawat sya, nangholdap sya. He was a
significant number of shares of the Manila Hotel
policeman or a soldier. Nagholdup sya ug kanang mail matter, Corporation, which owns this specific hotel. Karon,
giprivatize, naay goal ang GSIS to privatize, etc. Ibaligya
and then gifilean sya ug kaso before the Sandiganbayan then
na niya ang iyang shares aning Manila Hotel Corporation.
niadto sa Supreme Court. And, during the investigation of the
Q: So, how many bidders participated?
police, he waived his right to a lawyer. Giconfess niya tanan
iyang participation in the heist, so gisulat nya tanan, wala syay A: There were two bidders.
lawyer when he did that. He did that prior to the effectivity of the
Q: Who are these bidders?
1987 constitution. Now, under the 1987 constitution, before you
A: Renong Berhad and the Manila Prince Hotel.
can waive your right to counsel and before you can have your
testimony, you have to have the presence of a counsel during Q: What is the difference between the two?
admission. Otherwise, it will not be admissible as evidence. The
A: The Manila Prince Hotel is a Filipino corporation and
previous constitution did not provide for that right. So, now, Renong Berhad is a Malaysian firm.
katong gihimo nya to wala pa ning provision, karon na nigawas
Q: Who had a higher bid?
na ang 1987 constitution, naa na ni ang requirement, kelangan
A: The Malaysian firm.
diay ang presence sa lawyer sa iyahang, paghatag sa iyang
admission, otherwise, it will be inadmissible. Giinvoke nya ni Q: How much was its bid?
because that statement is presented before the court. Giamin nya
A: Its bid was php44 per share.
ang iyahang culpability, gihapon no that is not admissible
Q: What about the bid of the Manila Prince Hotel? How
because when I did that I was not assisted by a lawyer.
much was its bid?
Unfortunately for him, he did that admission without the
A: php41.58 per share. So, ikaw, nagabaligya kag share sa
assistance of counsel, prior to the effectivity of the 1987
gobyerno, you should pick kung kinsa tong mas mahal ang
constitution. So, can that provision be given retroactive effect? purchase sa imohang shares kay para beneficial sa imoha.
Here, who had the higher bid? It was this Renong Berhad,
The court said that NO. Under the Revised Penal Code, penal
this foreign firm.
laws shall have retroactive effect if they are highly favorable.
Q: So, since Renong Berhad ang nadaog, what did GSIS
Here, what is being construed is a constitutional provision, not a
do? Pildi man si Manila Prince Hotel but Manila Prince
penal law or a penal provision, which is contained in the bill of Hotel wanted to win, what did it do?
rights. So, you cannot insist on the retroactive application of that
A: It matched the bid. So, gipantayan niya.
right in the bill of rights to favor you, because the rule is that the
provisions in the bill of rights are prospective in application. Q: Did GSIS automatically award the Senate the shares?
A: Wala, because this prompted, meaning nahadlok pa si
Now, we go to the, balik ta sa concept of selfexecuting and not Manila Prince Hotel, that is why nifile sya ug case, wala pa
nakadecide si GSIS kung kinsa ang makadaog, nifile dayon
selfexecuting provisions. sya ug case before the Court to compel the GSIS to sell to
it the shares.
We have the case of Manila Prince Hotel v. GSIS. Here, the Q: What was the argument here of the Manila Prince
Hotel? Why should the shares be sold to it?
Court has an extensive discussion as to the difference between
the two.
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CONSTITUTIONAL LAW II | Atty. Gil Garcia
I - Sanchez Roman | S.Y. 2017-2018
A: (Because of paragraph 2, Section 10 of Article 12 of the implementation? Bawal ba ang congress ipaimplement ang
Constitution) selfexecuting provisions, supplements implementation?
Q: What does it provide? A: Now, the Court said here there is no proscription. Even
if these provisions are already selfexecuting, that the
A: It says that “In the grant of rights, privileges, and Congress may still enact legislation to facilitate the
concessions covering the national economy and patrimony, exercise of powers granted by the Constitution pursuant to
the State shall give preference to qualified Filipinos.” that provision. Among others, the how will you exercise
that right, where do you practice that, to begin with. The
Q: What is the policy? Court sets what are the remedies you can do to properly
invoke that right, etc. So, that’s why there is no prohibition
A: Filipino First Policy. even if it’s already selfexecuting, pwede gihapon naay
legislation to facilitate its implementation. So, we are
So, this is the policy invoked by the Manila Prince. On dealing here with the Filipino First Policy, which,
the other hand, the argument of the foreign firm according to the Court, is considered a selfexecuting
provision, even if naa sya sa article which provides for
Q: What was the main argument against the invocation of more or less policies.
the provision? Now, one argument raised by the Malaysian firm here
was that if we follow this Filipino First Policy, it would be
A: It invoked sir that this policy is not a self executing a deterrent to foreign investors to invest in the Philippines
provision. It requires an implementing legislation. because ginaprefer ang Filipinos over foreign investors.
Yes. Mao ning argument ni Renong Berhad. That
provision is not selfexecuting, and since there is no Q: Is he correct in saying that this Filipino First Policy is a
existing legislation to implement that, you cannot invoke proFilipino, very exclusive? Is it a deterrent? Yes or no?
that right against the GSIS to compel it to sell the shares to
Manila Prince Hotel. A: No.
Q: Who is correct? Is that a selfexecuting provision? (add in toto decision of sc)
A: Yes. It is a selfexecuting provision. Q: All Filipinos are given preference?
Q: What is the difference between a declaration of policy,
which is not a selfexecuting provision, and a self Anyway, you are correct in saying it is not a deterrent
executing provision? because what the Filipino First Policy entails, or means, that, it
Q: Why was it considered a selfexecuting provision? Was ang qualified Filipino because he in the first place qualified. So,
there a doubt, in the first place, kung selfexecuting ba sya? dili siya inimical or harmful to the Philippines. If the Filipino is
Q: Now, if a provision is selfexecuting proscribed ba ang
Congress to enact laws to supplement or facilitate its
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CONSTITUTIONAL LAW II | Atty. Gil Garcia
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ang challenges. Is the WTO Agreement, is it contrary to the
Constitution?
What provisions of the Constitution were raised
here against validity of the agreement? Article 2, Section 19
The State shall develop a selfreliant and independent national
economy; Article 12 on National Economy and Patrimony; the
Filipino First Policy as we discussed earlier giraise pud na; also;
Article 12, Section 12 The State shall promote the preferential
use of Filipino labor. All of these provisions seemingly lead to
the fight that we have to prioritize local products over imports,
or, foreign products. Now, the Court upheld the validity of the
November 16, 2017
agreement. Among others, it discussed that the provisions
Mary Grace E. Chew
invoked by those challenging the validity of the agreement may
be considered as not selfexecuting. They are not self executing
Yesterday, we start with our discussion on the subject. provisions therefore you cannot invoke them because they do not
We ended up with our discussion on the distinction between a give rise to any rights without any implementing legislation to
self executing and nonselfexecuting provisions on the give effect to them. Article 2, the invocation of that article, that
Constitution. In the case of doubt, we interpret provisions to be article is mere declaration of principles and state policies. They
selfexecuting, meaning there is no need for implementing are not intended to be selfexecuting. What is the purpose of
legislation to give effect to that specific provision. The provision these principles and state policies anyway? Why are they placed
we discussed yesterday was the Filipino First Policy, which in the Constitution? They are used by the judiciary as aids or
according to the Supreme Court is considered selfexecuting guides in the exercise of the judicial power. Also, it can be used
already. That’s why rights can be had under that provision. It can by Congress in its enactment of laws. So these are mere
be invoked. guideposts not enforceable rights, not provisions which are self
executing. What about the provisions in Article 12 as invoked
Now, we have the analogous case of Tanada v. here, Section 10 and Section 12, Article 12? The Court said here,
Angara, involving the joining of the Philippines in the World these sections, apart from merely laying down general principles
Trade Organization. It is one of the founding members of the relating to the national economy and patrimony, should be read
WTO with a goal of improving the () access of foreign markets. and understood in relation to the other sections of Article 12.
So, in exchange, kung makaaccess ta sa market, makaaccess What is the purpose? What is the effect if we read these articles
pud sila sa atoa. So, there were concessions made, pursuant to the together with the other sections? What is the effect if we read
WTO agreement, reduction of tariffs on exports. So, concession these provisions with the provisions of Article 12? It would
siya for foreigners and for us with them. It’s an interplay of the result, as argued by the SolGen, to a more equitable distribution
relationship foreign markets with us. Now, it was argued that the of opportunities, or wealth, etc. sustained based on the amount of
WTO is inimical to the Philippine economy because dili na ma good. In other words, we cannot, by invoke kaning mga
prioritize ang Filipino market. They argued here challenging the provisions na giinvoke sa mga (), we cannot be an isolated
validity of the agreement. They argued that WTO requires the entity in the world market. So what is the goal anyway of these
Philippines to place national products of the member countries, provisions? Ideals of economic nationalism, among others, to
katong mga foreigners, on the same footing as Filipinos and local give preference to qualified Filipinos. But, even then, with these
products. And, among others, it does not promote a self reliant in mind, with these goals in mind, we cannot deny the reality that
and independent national economy for the Philippines. So, kato we have to interact with the world. So anyway, the Court said
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CONSTITUTIONAL LAW II | Atty. Gil Garcia
I - Sanchez Roman | S.Y. 2017-2018
that () Constitution should take into account as it does take into here as a principle involving Constitutions that these are
account the realities of the outside world because it requires the supposed to be designed to meet not only the vagaries of
pursuit of () policy that serves the general welfare and implies contemporary events but should be interpreted to cover even
() of exchange, on the basis of equality and reciprocity. To future and unknown circumstances, just as in this case. You
uphold the argument of those challenging the agreement would cannot constrain the meaning of the provisions here to the
make us an isolated state. We cannot interact with member states detriment of our country not to adopt the interpretations of the
in the WTO agreement. So karon the Court is saying that the provisions as to what the reality. So valid ang WTO agreement.
agreement is valid. It is not inconsistent with its ruling in Manila Domino vs COMELEC, we are still in the general
qualified Filipinos should be preferred over foreigners. The Court When we read the Constitution it is not as what we already know
said that there is no inconsistency here. Why? The provision, in the first semester. The Constitution is a document for a lay
Section 10, ang gidiscuss sa Manila Prince Hotel was the second person, pedestrian. It is not supposed to be a lawyer’s document.
general rule, however, reading the entire provision, duha siya ka to be understood in their plain meaning. It is not, the Constitution
every aspect of trade and commerce. In other words, what was COMELEC on the meaning of resident. Here, Domino wanted to
if there is an issue as to the grant of rights, privileges and against him arguing that he has not met the residency
concessions covering national economy. Kung naay qualified requirement because of the transiency. The nature of his
Filipino ug qualified foreigner magconcern siyag ani na matters, residence in that () is merely transient. So the Court went to
we apply the Filipino First Policy. But that does not sanction the discuss the meaning of the word residence . And, according to its
idea that every aspect of trade and commerce would be covered plain meaning it is synonymous to the term domicile. Domicile
the Court emphasized that this provision rather is the exception documentary submissions here, the Court it was determined that
rather than the general rule. Nganong exception man siya? kay Domino was unable to prove that his residence or domicile in the
concessions covering national economy. If dili siya nagadeal permanent, transient lang siya. The Court held that he is not
ana, then we apply the rule, the other rule, not the general rule, qualified.
not this Filipino First Policy. In the Manila Prince Hotel, it Pamatong v. COMELEC, deals again with the
involved the Manila Hotel which was determined in that case to concept of declaration of policies and selfexecuting provisions.
be a part of the national patrimony bantog giapply ang Filipino Pamatong is the perennial presidential candidate here, involving
First Policy. But here we have a broader issue not something but the 2004 Elections. Here, Pamatang filed a COC for president in
only deals with the national patrimony. So that is why the Court the 2004 elections but he COMELEC refused to give due course
applied that general rule, so not the Filipino First Policy. So the to his COC. Why? Because according to the COMELEC, he
Court concluded, that while the Constitution mandates the bias in along with the several candidates is considered as a nuisance
favor of the Filipino, it still also recognize the need for business candidate because he could not wage a national campaign
exchange with the rest of the world. And the Court discussed among other reasons. Pamatong sought to challenge this
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CONSTITUTIONAL LAW II | Atty. Gil Garcia
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COMELEC, the action of the COMELEC here. What was his stated before, the Bill of Rights can only be invoked
against the State. Here, is PAL a government institution? It
invocation? According to him, denial to give due course to his
is private entity. You cannot invoke the Bill of Rights
COC by the COMELEC constitutes a violation of the equal against this private entity. There is no interference by the
state. In the absence of government interference you cannot
access clause in Article 2, Section 26 of the Constitution. What
invoke the provisions of the Bill of Rights. So here the
does this provide? The State shall guarantee equal access to Court said the equal protection erects no shield against
private (inaudible) however discriminatory or wrongful.
opportunities for public service ,Mao na siya so because gi Private action no matter how (inaudible) cannot violate the
deny siya by the COMELEC na violate daw iyang equal access equal protection guarantee. So what right or laws can be
raised against PAL? So asa man siya manguhag right
right under Article 2 Section 26. Is he correct? The Court said he against PAL being private entity? He can invoke his rights
is not, he’s wrong. Why? Because the article or provision he is under the Labor Code and the Civil Code. And the Court
also here upheld the policy of PAL to maintain this weight
invoking is not selfexecuting it is a mere declaration of principle requirement but relevant to our topic is the concept of Bill
so it cannot be the source of any right. In any case, there is no of Rights.
such thing as a constitutional right to run for or hold public So we have the case of Kida vs Senate, let’s first
office. Why? It merely a privilege subject to limitations imposed discuss the 2011 case of Kida. What does this law do? It
by the law. So the provision here invoked by Pamatong does not synchronizes the elections of the ARMM dili man gud sabay ang
bestow a right nor does it elevate the privilege to run for office. elections with the region. So because of this law gisabay na siya
Wala daw siyay enforceable right. There is nothing in the plain with the national and local elections. Now, before we go to the
language of the provision that suggests such interpretation. And discussion of the Supreme Court, after the effectivity of the
also, as we said earlier, that provision is not even selfexecuting, Constitution there were laws to provide in so far as ARMM is
be it falling under Article 2, the declaration of principle. concern. Here, the first law is the Organic Act of ARMM RA
Yrasuegi vs PAL, we discuss the concept yesterday 6734. And this law was subjected to the plebiscite and it was
that the Bill of Rights is something that you can only invoke approved and established the ARMM. Now after that we have
against the State. And this is the case which exemplifies that. RA 9054 it is a law to strengthen the Organic Act. This law
Q: What happened in this case? however provided for requirements before the Organic Act may
A: The petitioner is a flight attendant. For some
reasons, he was then obese at the moment. (there is no be amended. What were the requirements imposed by the RA
other reason, he just loves to eat, that’s why he’s fat. So, 9054 before the RA 6734 or the Organic Act of ARMM may be
because he is fat, what happened?) Because of that, PAL
decided that he should undergo some...(He should remedy amended. RA 9054 provided for two conditions before the
his being fat. Why does he have to remedy his being fat?) Organic Act may be amended validly amended. First is the
(The PAL had this policy for you to maintain your job as a
flight attendant, you have to meet this ideal weight. ) supermajority vote of Congress which is twothirds before the
Q: So what is the purpose? Bakit di ka dapat fat law may be validly be amended. Second, even the law has been
as a flight steward? What is the practical purpose?
A: It would be a hindrance to his being a flight validly amended it has to undergo a plebiscite. This were the
steward. If there is an emergency, you should not block the requirements provided RA 9054. Now later on they passed the
way for everyone outside the plane. That is why may
policy ang PAL for that. But here despite the several (inaudible) or the RA 9333 and these were, according to those
notices for him to comply the weight requirement he failed challenging these laws, these were amendments to the Organic
to do so that is why he was fired by PAL. And now he filed
an illegal dismissal complaint in the labor arbiter. What are law. But these were RA 9054 were not subjected to a plebiscite
the reasons? Among others PAL discriminated against him and also wala nila naachieve ang supermajority requirement.
because the company has impaired and among others gi
discriminate daw siya for being fat. So what provision or Specially karon RA 10153 kani pud siya wala pudd daw gi
right in the Constitution was invoked by Yrasuegi against subject or na meet ang conditions set by the RA 9054
PAL? What clause? Because they discriminate them there
is a violation of? What kind of protection? If you’re being supermajority as well as the plebiscite the requirement. That is
discriminated, you are not given what kind of protection? why these subsequent laws should not be given effect. Now, mao
Anyway, he invoke the provision of the Bill of Rights his
right to equal protection which is guaranteed in the ni ang argument sa laws wala giagi atong sa requirement under
Constitution in the equal protection clause. Is he correct in RA 9054 for a valid amendment. These laws amend the Organic
invoking the equal protection clause against PAL? As we
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Law so therefor they should comply with the supermajority and higher requirement for the amendment of laws. What is required
plebiscite requirement. Now, before we go to the discussion, the in the Constitution is only a majority. So for you to impose two
Court discussed or emphasized here the concept of Constitution thirds (inaudible) is inconsistent to the Constitution you limit the
the (inaudible) Constitution, if a law or act is deemed powers of the legislature to a certain mode before it can amend.
inconsistent with the Constitution, that is considered And the Court said that this supermajority vote renders or gives
unconstitutional it is without force or effect it is considered null RA 9054 the provisions at least mandating the supermajority
and void. Mao na siya ang premise which we start our discussion. requirement apparent to a repeallable law. It makes this law
Now, the synchronization requirement according to the Supreme difficult to repeal or amend and that is repugnant to the
Court is a mandate in the Constitution as said here. Now, the Constitution because it limits or lessens the power of the
Court said that the synchronization is a constitutional mandate. legislature. The voting requirement imposed by the RA 9054 is
Yes, what did they say in this case. What was the basis nganong higher than what the Constitution requires for the passage of bills
dapat synchronized ang election natin sa tanan, synchronized sa and serves to restrain the plenary powers of the legislature to
local synchronized sa ARMM? Article 18 Sections 1, 2 and 5 – amend or repeal the laws it passed. Irrepealable laws are noxious
those provisions according to the Supreme Court the and (inaudible) to the principles. Now what about the plebiscite
synchronization is constitutionally mandated. The Court requirement. Is it also valid before it can amend the Organic Law
discussed here which is also relevant to our discussion the plain na muagi ang amendment ng plebiscite? RA 9054 also provided
meaning rule. Now, although regional elections here for ARMM, not only the supermajority but also the plebiscite requirement. Is
nagconduct sila ng regional elections, these elections should be this provision valid? The Court also struck down the provision in
considered among those elections to be synchronized because it RA 9054 that before you amend you it has to undergo a
is local. It is considered local elections even if ang terminology plebiscite because it expanded the plebiscite requirement in
na gigamit is regional elections it is to be considered local Article 10 Local Government of the Constitution. When is a
elections. Under the Constitution, local and national elections are plebiscite required by the Constitution? It is only required for the
to be considered synchronized. So because of that we apply the creation of autonomous region and for determining which
plain meaning rule that the words used should be understood in a province, cities and geographical areas will be included in the
sense of common. Now, we go to the issue on the constitutionally autonomous region. So in amendment of the Organic Law does
of RA 9333 and 10153. Are these laws valid? Do they have to not deal with the creation of the autonomous region determining
comply with the supermajority requirement under the etc gipagbutang diri there is no need for a plebiscite. Here, what
Constitution ay under RA 9054? So gibalik ng Supreme Court were the supposed amendments introduced by the law that were
ang challenge against these laws. Ang basis sa pagchallenge challenged. Unsa man ning mga (inaudible). The supposed
aning mga supposed alleged amendment amendable laws kay amendments said here as discussed here is the synchronization
wala daw sila nagcomply sa provisions sa RA 9054. So the dili kay these amendments do not deal with provisions na
Court said here that the provisions (inaudible) which provides kailangan ng plebiscite. Wala man siya nagadeal sa creation of
supermajority requirement and the plebiscite requirement they autonomous region determining which province, city or
are deemed unconstitutional. So dili kailangan pag magamend geographical area would be included. Therefore, there is no need
ka aning Organic law na (magcomply) supermajority for a plebiscite requirement. The court said because of these all
requirement ug plebiscite requirement only for a certain encompassing provisions in RA 9054 that all amendments would
amendment and not all amendments. Why did the Supreme Court undergo a plebiscite requirement it is inconsistent with the
strike down number 1 the supermajority requirement to be provision of the Constitution na limited lang. So the Court said
unconstitutional? Why is it inconsistent with the Constitution to that this provision in RA 9054 is also invalid it is a violation of
require the Congress to achieve twothirds before they can amend the Constitution. So what did we get from that case? The
the law? Is that twothirds requirement valid? It is not valid (inaudible) the law or provision of RA 9054 was struck down to
because it undermines the power of (inaudible). Yes it imposes a be inconsistent with the Constitution. Also, we learn the plain
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CONSTITUTIONAL LAW II | Atty. Gil Garcia
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meaning rule. So the (inaudible) for the consideration of that case the framers to give more than that for the Congress, it could have
before amend the conjunction or unite considered finality that or the framers would have (inaudible) said so in the provision. If
emphasize number 1 the synchronization requirement of the the wordings of the (inaudible) are clear, plain and away from
Constitution is mandatory and in fact giuphold niya ang decision ambiguity it must be given its literal meaning (inaudible). So the
that the requirement imposed by RA 9054 supermajority and Court again reiterated the plain meaning rule. So invalid ang gi
plebiscite requirement were unconstitutional. Also, it emphasized himo sa JBC having 2 members from Congress seat nahimo
here amendatory laws were in fact not even a amendatory laws siyang 8 members. But given so the Court applied the Operative
because it even rescheduled the date of the election kaya gi Fact Doctrine. So unsa man ang gihimo (inaudible) prior to the
amend ang Organic Law. So there is even no need for them to declaration of constitutionality of the fact based
undergo the requirement under RA 9054 for amendment because (inaudile)because certain facts on the operative fact doctrine that
they were not even considered amendments. Even if it is an they can be recognized certain things happened during the
amendment RA 9054 is still considered unconstitutional. effectivity of that scheme. So now because of the
Chavez vs JBC, also the plain meaning rule. I’m sure unconstitutionality prospective ang application. Now, 7 members
you discussed this in first semester, deals with the composition of na lang. But the acts na gihimo nila prior they were considered
the judicial and bar council. Under Section 8 of Article 8 of the valid under this doctrine. In the mr (motion for reconsideration)
Constitution, there is JBC. The function of which is to in this case, the Court upheld its decision and said there is a
(inaudible) appointments or appointees rather to the judicial aid practical reason nganong 7 members ang JBC. The function of
on a certain kind of offices mga ombudsman mga ana. Under the this council is to evaluate potential appointees to judiciary. So
provisions, it shall only be compose of the following members: very important yun na masift na masala kung sino pwede ma
the Chief Justice as ex officio Chairman, the Secretary of Justice, appoint. And therefor dapat not only strict provision (inaudible)
and a representative of the Congress that as regular members, , a as far as the strict compliance of the Constitution provides of its
professor of law, a retired member of the Supreme Court, IBP composition is concerned but also practical reason why 7
and a representative of the private sector. All in all only 7 members ang girequire is because odd membership would
members are enumerated in the Constitution. Now, the JBC enable the breaking of ties. Kung 8 members it is possible na
adopted a policy of having two members of Congress to seat in magtie sila so dili na maresolve that is why 7 members ang
(inaudible). So instead of having 7 members nagkaroon sila ng 8 magbreak ng ties. So Chavez vs JBC with the issue take note of
members. So first nila gihimo gitagaan ng onehalf vote tong the plain meaning rule.
member of the Congress as representative. 8 eight sila onehalf Now we go to the basic principles of fundamental
onehalf para 7 gihapon ang vote. But eventually nagevolved powers of the State its characteristics, similarities and
giving them one whole vote each. So this was challenged by distinctions (inaudible). What are the fundamental powers of the
Chavez because according to him the composition of JBC now is State? There are three: police power, eminent domain and
unconstitutional 8 members but what is required by the Articile 8 taxation as we discussed in first year. What is this police power?
Section 8 is only 7. Is he correct? The Court said he is. The This power is the most (inaudible) limitable and plenary. It
provisions here are ambiguous, is clear the JBC must only be affects even property of individuals for the advancement of
composed of 7 members. If there no ambiguity in the common good. It essentially embodies the right of the State to
Constitution or in the law it would not construe it. The use of enact laws and execute these laws for the purpose of (inaudible)
singular (inaudible) you do not interpret it according to your own restraining, regulating regarding the use of this power. So even
interpretation. You read it and interpret using the plain meaning there are rights that can be (inaudible) this kind of limited by the
rule. The use of a singular letter “a” receiving a representative a State validly take (?) by the police power. To test the
Congress, a representative of Congress is unequivocal. Here, use constitutionality of the exercise of the police power, it is not
a is not open for interpretation. Therefor, Congress may limited to the inquiry wether there is an imposition or restriction
designate 1 representative in the JBC. And if in the intention of
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of the right but rather, the question is reasonable ba ang pag can assert your rights under this provision because you fall under
restrict sa imohang right. So ang question, na kay na restrict na the third person katong persons juridical even if you’re a juridical
right karon there is a violation of your right the State claims now (inaudible). So the first clause deals with due process. If an act of
there is merely an exercise of police power. Then, the the State is violative of the due process clause it can be
determination kung kinsa ang daog sa inyuha would be by considered as unconstitutional and therefor null and void. So ma
bringing (inaudible) of the exercise of the police power. erase ang effects kung maprove nimo na you were deprived of
Reasonable ba ang pagrestrict sa imohang right by the State in due process this clause is a handy tool for the protection of
using its power. The secondary power is the power of eminent valued rights to life, liberty and property and all other
domain. It is the power of the State to take private property for (inaudible) For example, you were charged criminally in the
public use. What are (inaudible) requirements before the State court then wala gitagaan ug notices wala ka gitaagan ug chance
can exercise eminent domain. Number 1, taking of property for to air your side. Therefor, because wala ka kabalo nan aa diay
public use and not just that you must also be given just kay kaso (inaudible) ngayon kay found guilty beyond reasonable
compensation. The term of public use has evolved it is no longer doubt. Now you move to challenge the decision on the ground or
limited to traditional purposes etc. But even if your private invoking a violation of due process. If it is proved or found by
property is taken by the State in pursuant of its eminent domain the Court that there is a violation of due process then all
powers with that you are to be given just compensation. We have instances declaration of guilt will be null and void because it is
cases discussing the exercise of this power. And finally, the third unconstitutional. It violates the provision in the Constitution
fundamental power of the State is the power of taxation. It is the particularly in Article 3. Now, since we are already talking about
power of the exact revenue from the inhabitants of the State. It due process it has two forces. We have Procedural Due Process
was (inaudible) exercise of unreasonable (inaudible) in manner. and Substantive Due Process. What is the distinction between
Dili pwede na ang imposition of the tax would be emerging from the two? Procedural due process relates to the procedure which
the acts of a certain entity. Another limitation in the exercise of government agencies must follow in the application of laws.
the taxation is that it must only and always be done for a public Substantive due process on the other hand, pertains to the
purpose. It cannot be used for private purpose. If your tax is intrinsic(?) validity of the law which interferes life, liberty and
given to a private entity that is no longer an exercise of taxation it property. So when we say procedural, gifollow be ang prescribe
is considered robbery by the State. Those are the 3 fundamental procedure. When we say substantive due process, ang basis ba sa
powers of the State. And because these are powers it does not pagrestrain sa imong right or pagproceed against you is in the
mean the State are not subject to limitations as we said earlier first place valid. Naa bay basis to proceed against you? The
another limitations given or against the exercise of its powers is intrinsic (extrinsic?) validity of the law itself. Another
the Bill of Rights under the Constitution. Now we go to the distinction, procedural due process is directed or exacted to
provisions Article 3 to formally start our discussion on the Bill of officers (inaudible) while substantive due process is directed to
Rights. The first provision is Section 1 of Article 3 is the due those who enact laws. There is a violation of substantive due
process clause and as well as the equal protection clause. So duha process if there is noncompliance with the requirements of
ka buok na protection ang ginahatag aning Section 1. No person substantive due process. Kinsa man dapat magobserve ani, ang
shall be deprived of life, liberty, or property without due process Congress among others dapat di siya violative of the
of law so first. Nor shall any person be denied the equal requirements (inaudible). Procedural on the other hand refers to
protection of the laws. Mao ni ang giinvoke ni Yrasuegi kanina those who are adjudicative or nay proceeding against you kung
equal protection but the Court said he cannot invoke such nafollow ba ang exact procedure. Procedural due process refers
because what we are dealing here is a private entity. Anyway, to (inaudible) of the process determining whether a right
let’s first discuss the concept of due process. So the term persons (inaudible) is being impaired while substantive due process to
kinsa man ning no person. It includes both citizens and aliens in vent out authorities to come up with (inaudible) under which man
the Philippines, natural and juridical. If you are a corporation you
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may live in a civilized society in other words, the basis of the treated alike not absolute equality. And even those dili sila
restriction itself. Procedural due process refers to the process of covered in certain condition (inaudible) apil na sila and that is the
restriction. When do you apply procedural due process? In many application by equal protection. Even if we have this equal
proceeding, judicial, administrative or discipline of students due protection clause in the Constitution na every man should be
process has to be followed among others. Now speaking of due treated equally if they are in similar circumstance. There is an
process we said earlier that we must follow due process exception to this rule meaning if you can prove that there is a
procedural process in judicial and administrative proceedings. valid classification then equal protection cannot be invoked. So
Are the requirements for due process similar? They are not. If for a valid classification to exist as an exception would be equal
you are talking about judicial due process the only requirement protection clause like the requirements. Classification must be in
are first mafulfill ang due process otherwise null and void substantial distinction must remain in the law not limited on
(inaudible) to due process. What are the requirements for judicial existing conditions and must apply equally to all human class.
due process? Accorded to the tribunal to hear and determine the Anyway, we discussed the equal protection and subsequent
matter meaning it is the court or tribunal jurisdiction to hear the instances.
matter. Number 2, jurisdiction of this tribunal must be acquired Now, we go back to the first clause the due process
who are the person of the defendant. Dapat gitagaan ka ug clause. One of the most important basis for the application of due
chance to appear or to air your side before this tribunal. So process is the notices requirement. Dili ka makaingon na you are
jurisdiction must be acquired over you. Number 3, you after na given due process if wala ka nanotify in the first place. So for
acquire ang jurisdiction over you, you must be given the example, as stated earlier that there was a case filed before the
opportunity to be be heard finally judgement must be rendered of Court then you were not notified na gifilean ka ng kaso wala ka
you. What about administrative due process? Lahi pud siya. The gi consent sa imong side. Naviolate imong right to due process
requirements are laid down in the landmark case of Ang Tibay because you were not given the opportunity to be head you were
the evidence were substantive etc in the narration of this. But the subjects or in Persons. This involves the publication of laws. So
Court set aside even if naay ani na narration. The (inaudible) unsa man ang connections niya with due process? So what
removes the organic requirements of due process in happened here? There were several issuances by the former
administrative proceedings is only the opportunity to be heard. If President Marcos nagissue siya ng mga presidential decrees etc
you were given the opportunity to be heard, there already be with the force and effect of law but they were not published in
compliance with due process in so far as administrative the Official Gazette. What was the reason bakit di siya na
proceedings are concerned. But still we take note of the farther publish? The PD itself is valid and effective. So di na siya gi
requirements under Ang Tibay vs CIR. So that deals with due publish kay valid and effective na man. So gichallenge ang
process now we’ll go to the second clause, the equal protection validity of these presidential decrees its construction etc
clause. It provides that law/s promulgated by the Congress acts anchored to the Article 2 of the Civil Code. Laws shall take
must treat all persons or things similarly situated alike. Both effect after fifteen days following the completion of their
similarities conferred and liabilities imposed. Is there a publication in the OGOfficial Gazette, unless it is otherwise
requirement in order to observe the equal protection or absolute provided. They are arguing that these treaties are not valid
requirement? The Court said no the law or the Constitution does because they were not published and inconsistent with the
not demand the absolute equally. It only requires that all persons provision of the Civil Code. Publication per se is indispensable.
be treated alike under circumstances and conditions. So it will On the other hand, katong nagaargue for validity of these
fall under this saklaw and naay uban na dili. So equal protection issuances even though they were not published, interpret this
is already observed (inaudible) nafall under this coverage are provision in a different way. They interpret it by if the law itself
already provides kung when siya effective publication may be
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dispensed with. So who is correct? Is publication is indispensable the (inaudible) or Official Gazette, pwede na siya ma publish sa
in the validity or effectivity rather. The Court said yes. OG for the general circulation.
Publication is indispensable. What is the purpose of this
publication requirement in the first place? It is to give the public
adequate notice of the varies laws which had already made an
actions of conducts (?). If wala na siya gipublish, how can you November 21, 2017
be informed of the law you are supposed to observe? Without R. Melchor
such notice and publication there would be no basis of the
application of the maxim ignorantia legis non excusat. Because Last meeting we had started among the provisions of the bill of
this maxim presupposes that you are already informed of the law rights particularly Section 1 of article 3 we learn that Under
to govern you. Here, we are dealing with laws definitely laws article 3 is to uhh….the clauses due process clause and equal
that you have to be informed of what these are. Still the Court protection clause . we started our discussion on the due process
even if require ng Court ang issuance (inaudible) without force clause...one of the requirements to commit... due process is
and effect kay wala giobserve ang publication require kay notice that i s why we have expression of the Tanada rulings .
tanggal ang doctrine (inaudible). Henceforth, dapat ipublish kay Where publication Is a condition... to be bound by laws because
when acts na gihimo pursuant to the laws before the declaration that is the notice requirement cannot be bound by anything be it a
of its effectivity. Now, for the motion for reconsideration of this judgment , law, an act, if we have not been notified. For a law,
case, the Court clarified its ruling and set that for a law for its Dili ka mapriso kung wala na gipublish na balaod cause there
immediate effectivity (inaudible) but that does not mean effective will be no notice. In the Tanada rulings the court emphasized
siya until it has been published. When does it become effective? That publication is an indispensable requirement .Now when
It is only upon immediately after its publication. You do not have does the 15 days requirement mag apply? Now that is if the law
to wait for 15 days. The Court said here that laws unless it is the is silent As to the period of the publication.If the law or the
otherwise provided refers to the date of effectivity and not on the issuance says That it is effective immediately then it is no longer
requirement of publication itself. In other words publication is cited It is effective immediately upon publication but….. Then
indispensable. So in other words (inaudible) no need 15 days we apply the provisions in the civil code na kailangan ug 15
effective immediately but the essential requirement is that law days.
must be published before it take effect. (inaudible) If the law
provides one year after its publication then you wait one year that So we continue with the cases assigned to us on this topic Due
unless it is provided the duration or period pwede siya ido away process particularly The notice requirement Also we are going to
from the 15 day (inaudible) of the publication of the law. That in be discussing The case is here Pertaining to administrative due
that case publication is indispensable. Are all laws must also be process. What is the essence of administrative due process? Is it
published? The Court said that all statutes including those local always required na naay hearing for you? Considered no nga
application and private law shall be published. What about nahatagan kag due process.What is the effect when you are not
interpretative regulations? These are not considered laws they are accorded or given due process? One of the effects is for example
interprets in nature they need not to be publish before they can be you are a respondent In an administrative proceeding tagaag
considered valid. And finally the Court also emphasizes here that notice. Gifilan ka, gikasuhan ka, ang penalty na giimpose sa
the form of publication must be complied with. What is the form imoha, that penalty will not be imposed on you. What happens if
required? It must be publication in full otherwise it is not you can prove that you were denied due process is iusab ang
considered publication. So in the publication of PD 666 or PD process for you. Tagaan ka namog opportunity. So whatever the
7777 that is complete publication refers this to compliance to the proceedings that were undertaken prior to you being given due
publication requirement. The law must be published in full so process, it will not be considered valid. So again, mubalik sya
that the requirement may be fulfilled. Where do you publish? In
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CONSTITUTIONAL LAW II | Atty. Gil Garcia
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from the start to give you a chance to air your side, to give you but The court says it is not required. Is a formal hearing just like
the opportunity to be heard. So that is why it is very important in the court required for due process in all instances? the court
for us to observe due process it is also one of the defenses you says not at all times. A formal trial by hearing is not at all times
can raise no? Naa kay kaso somewhere, you can always claim In all instances Essential to due process, Particularly here
that you are denied due process for some remote, weird reason administrative due process. What is the essence? The essence of
kay if mag prevail ka, mubalik sa start...some...for the due process here is The opportunity to be heard. How can you be
nullification of the decision. One of the essential components of heard? It can be done through pleadings Where the opportunity
due process is notice. to be heard can be done. File ka sa imong position paper, file ka
ug motion for reconsideration, Any chance that you are given to
DLSU v. CA air your side In writing or in oral that is already Compliance with
Where the fraternity war, students there mauled each other. And the due process requirement. So again, dili kailangan ug cross
some of them were identified to be responsible for the mauling. examination so due process was met in this case.
Naay proceedings against them before the disciplinary court of
school and they were expelled. Now one of their arguments is Garcellano v. Senate Committees
that they were denied due process because they were not able to
cross examine their witnesses during the disciplinary Gi imbestigahan tong hello garci tapes, The proceedings in the
proceedings. So as we said before no, that the cardinal senate the committees Were nullified by the supreme court
requirements of due process and administrative proceedings Because the proceedings violated due process. Why? Because
apply to disciplinary proceedings in schools. So kung unsa tong walay duly published rules sa procedures required under the
requirements sa administrative proceedings, so here we apply the constitution. So it also violated the right to due process kay wala
requirements of administrative due process. sila kabalo kung unsa na procedure ang mag apply sa ilaha. So,
nullification of the proceedings.
Now theyre claiming that wala sila gihatagan ug chance to cross
examine their… is that One of the requirements for you to Be to Surigao Electric v. Energy Regulatory Commission
be considered having been accorded Due process and
administrative proceeding? The court said here that There is Surigao electric is a rural electric cooperative it filed a petition
merely an administrative proceeding so there is no need for you before the energy regulatory board for the approval of the
To cross examine the witnesses.The court narrated here the formula for the automatic cost of adjustment of the adoption of
requirements Of administrative due process in school disciplinary the…. So naa silay gipropose na formula, submitted it for
proceedings Inform in writing the accusation of the cause of approval to the ERB. In an order, the ERB granted the
action. That is the notice, dapat kabalo ka kung unsa ang cooperative’s provisional to use the formula it proposed but later
gicharge sa imoha. You are given the right to answer the on, there was this change in the administration, this board in the
charges, inform of the evidence...right to adduce the evidence ERC and now it issued another policy clarifying the formula to
and that evidence should be considered… wala diri sa be used by the Electric cooperative so there was a change in
requirements na tagaan kag chance to cross examine the the… formula. Affected by this qualification, the electric
witnesses. cooperatives filed their respective motion for qualification and
reconsideration of the order here of the ERC in so far the formula
So if all the requirements are present then they are already is concerned. In the mean time, SURNECO was able to submit
compliant with the administrative due process. Here all the its reports for the implementation of the formula, it also attended
requirements are present. They were notified of the charges, the conferences conducted by the commission relative to the
They were able to answer the charges,In fact the appeared as implementation of the formula. And so one of the issues here,
witnesses and wala lang jud nila na cross examine ang witnesses gichallenge ang formula na gihatag sa ERC because according to
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CONSTITUTIONAL LAW II | Atty. Gil Garcia
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SURNECO it was not given or accorded due process when the petition for election was granted by the mediator arbiter and
said orders were issued. ordered the holding of a certification of election.
So is SURNECO correct? The Court said it is not. There is The hotel however discovered that this union failed to submit to
already compliance of administrative due process here. What is the bureau of labor relations its annual financial report for
the basic Requirement? The essence of due process in several years. It’s one of the reportorial requirements to be
administrative proceedings? It requires the opportunity to explain considered as a valid union, to comply with… so gireklamo sa
one’s side or ….. Again, it is always the opportunity to be heard. hotel, di man sya maayo na union it’s not even compliant to the
So you can dispense with the … here as long as you are given the reportorial requirements, why are you allowing this union to
opportunity to be heard. Dili na kailangan na magpakita pa ka. represent these employees? So dapat dili mag push through ang
Na if you are already allowed, given the opportunity to file your certification of election. Nonetheless the certification of election
counter affidavit, papel lang, you are already in compliance with push through.
administrative due process. So here, the necessity to review the
cooperative’s monthly documentary submissions substantiate Eventually nadaog si union diri, and this was questioned, among
their ...charges and in the violation of the formula, the others, by the hotel. And the argument, among others, was the
cooperatives here were duly informed of the need of other question of the nonfiling of the reportorial requirements, and the
required supporting documents and are allowed to submit them issue went to the DOLE secretary. But before sa DOLE secretary
accordingly. So because of these submissions, the court said they niagi sa sya sa regional director. In the level of the regional
were already given the chance to be heard. Pleadings were also director of the DOLE, it filed that indeed, the union failed to file
conducted and exit conferences. its reports but still, mas nangibabaw ang freedom of association
sa mga employees so valid gihapon ang certification of elections.
Finally, to emphasize the cause of given the right to move the
…… pursuant to the reinterpretation of the formula. So gitagaan So the hotel was not satisfied, it appealed its decision to the
silag chance na magsubmit sa ilang reports, to go to the hearing, Bureau of Labor Relations and the case was raffled to its
and finally they were given the chance to move for director….now, CAPDAP(?), this BLR Director, inhibited(?)
reconsideration and therefore it cannot be argued that they were himself from the case because he was a former counsel here of
denied of due process. So it was met in this case. the union. The case is now given to the DOLE Secretary for
resolution and the secretary dismissed the appeal.
Heritage hotel v. Nunhrain Now one of the ordinance here of the hotel was that it was denied
due process because it was not notified in advance of the
We have a union, mga empleyado mo, apil mo ana nga union inhibition of director capdap and the dole secretary’s assumption
mao nay mag represent sa inyoha in behalf of labor, because of the case. Dapat daw giingnan sila daan sa inhibition sa
individually, labor is very weak. But collectively, it is strong. So regional director and the assumption of jurisdiction of the DOLE
you can create a union and sila ang mag represent sa inyoha sa Secretary for failure to notify the hotel, it argued that it was
imong employer. denied due process.
Now here, naay election kung kinsa ang union na pilion to Is the hotel correct? The court said that no. The essence again of
represent the employees. Ang employees magcertification of due process is the opportunity to be heard or filed in
election, ug pilion nila kinsa ang mag represent sa ilaha. That’s administrative proceedings, an opportunity to explain one’s side
what happened here. There is this hotel, and a petition for or the opportunity to seek… of the complain.
certification of election was filed by this union and so that
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CONSTITUTIONAL LAW II | Atty. Gil Garcia
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Here the hotel had the opportunity to question the BLR director’s
inhibition as well as the DOLE’s secretary’s assumption when it RECIT. Ako pajud hahahaha.
filed its motion for reconsideration of the decision of the DOLE
secretary, it was given the chance to do so. And that filing of the What provisions of the law insofar as the requirement of due
motion for reconsideration was considered by the court as process is concerned were challenged? *inaudible...what happens
compliance with the requirement, gihatagan mo ug opportunity to if the employees of the BIR fail to meet their quota? *inaudible
be heard, how? Through your motion for reconsideration. Sa
motion, isulat nimo tanan imong problema. Move for whatever, If they fail daw to meet the requirements, it falls short, the
because of the following reasons. And because of that, we’re provisions of the IRR of this law, section 25, and section 7 of the
already given the chance to be heard. Mabasa na sa arbiter or law itself provides na pwede sila matanggal from the office. And
kung kinsa man ang assigned sa imong case, and it is compliance who determines that? It is the revenue office and evaluation
with due process, opportunity to be heard. In fact in board. Sila ang mag decide after seeing the fact no wala ka
administrative proceedings, one of the requirements is that the nakameet sa imong requirements, tanggalon ka nila daw, without
case must be resolved by and impartial judge. giving you a chance to be heard. They were claiming that the
right to due process is violated because of the termination of
Due process was observed here because the BLR director employees for not hitting the revenue targets… so it violates not
inhibited himself knowing that he would not be impartial. Not only the right to due process but also the security of tenure. So is
only they were given the opportunity to be heard, also gi observe there a denial in due process?
pud sya as well because nabalhin ang kaso to an impartial judge,
not to a partial, biased, judge in the person of the BLR director According to the supreme court, the argument of the employees
who had inhibited for that reason. here, na automatic ilang pagkatanggal from office without due
process, is wrong because the law itself states that due process is
BOCEA v. PEREZ to be observed. It is in section 7 B & C of RA9335. The official
We have the RA9335 one of the laws which was met with so is not only given a target revenue or standard without any… the
many constitutional questions. Giquestion ang validity in the first law and its IRR gives consideration to all factors...in other words,
place sa iyang provisions, remember this case involves the ievaluate gihapon sa board ang imong collections, what are the
legislative veto, do you remember the concept of legislative reasons you failed to achieve your target? Moreover, the law
veto? Congress is given the chance to approve the IRR of the itself provides that its right for the employees to be earned will
executive department. Is that valid? No it is not because once the not be ...and infact, he is given the right to appeal, that is not
law exits congress, it has nothing to do with that anymore except deprived of him. Moreover, exemptions were also set in the law
for very limited chance to, oversight nalang mabilin, kung tama which contravenes the employees claims...even to causes which
ba ang pag implement sa balaod...through hearings in the senate are beyond their control… we follow due process before you can
either question hour or ….of legislation. But insofar as the be removed. So that challenge was not sustained by the Supreme
implementation of the law is concerned, dili na, hands off na. Court. That provision was meant to be valid.
That is why the pork barrel was held to be unconstitutional
because legislators were given a hand in the implementation of The BIR employees of this case cannot be arbitrarily removed
the law. from the service without ….his right to due process no less than
the law, and the constitution. The law here, RA 9335, provides
And also in this case, this RA9335, that was one of the that due process shall be observed.
challenges. Part of the provision was struck to be
unconstitutional. But in our topic, in due process, lahi napud na Cavs. Commission on Audit
provision ang atuang ideal with.
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CONSTITUTIONAL LAW II | Atty. Gil Garcia
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Several employees of the LTO, they were all dismissed from Thats what happened here. Giapply ang new rules...so theyre
service for dishonesty, by the office of the ombudsman. claiming, na apply to us the old rule not the new rule because
Gidismiss sila, filan ug administrative case by their office, tagaan when the case was filed against us what was prevailing was the
kag chance mufile sa imong counter affidavit, ...sa ombudsman old rule. Are they correct? The court said that they were wrong.
kung unsa ba, tama ba, naa bay merit, mag render syag decision Why? No one has a vested right in procedural rules as a general
either dismissing the case or giving you a penalty. rule. The statutes regulating procedure of the courts are construed
as to be applicable to actions pending and undetermined at the
So here...penalty, dismissal of the service for dishonesty, what time of their passing.So if pending pa imong kaso unya karon
did they do? Because of that, tanggal sila sa service, they claimed naay bagong procedural rule nga mag apekto sa imong kaso, it
that they were denied due process when the investigating lawyer can apply to your pending case if it is a procedural rule. Why?
proceeded with the result based only on the affidavits and other Procedural rules are retroactive. Why is that? Because you have
evidences rendered without conducting a formal hearing. The no vested right on a procedural rule. It does not affect, as a
case was submitted for decision, without giving them the general rule, your substantive rights. The reason for this is that no
opportunity to present witnesses and cross examine the witnesses vested right may attach to, or arise from procedural rules.
against them. They were arguing also that the implementing rule
that should be applied to them is the old rule, not the new rule. Gi What is the exception to this rule? The new rule will not apply if
argue nila, nga ilang gibasehan lang kay kadtong mga the statute itself expressly or by necessary implication provides
submissions lang, documentary submissions, wala na sila that the pending actions are exempted from its operation or if its
gipaadto sa office, wala na gipakita ang witnesses, they were also application impair vested rights. Were they able to show here that
requested to submit a position paper because of that, kanang the application of new rules affect their rights? Answer is no.
papel papel lang, walay cross examine, they claimed that they they were not able to show that.
were denied due process. What about the… issue on due process? Were they given due
process? ...timani ha nga ang hearing requirement, no need, so
So was there really a violation of due process here? The court dili na to issue.
said that no if you were not denied due process while
investigating lawyer here proceeded to resolve the case based on Kay ana sila they were not given due process kay they were not
the affidavits. When is a hearing in the office of the ombudsman given the opportunity to be heard for cross examination of the
required? It is only when the hearing officer Determines based witnesses. The court said that they have been accorded due
under the rules there is a need to conduct a ….hearing for process to defend themselves. How? Through their submission of
investigation. If dili niya madetermine na kinahanglan ug their affidavits and position papers. That Is already compliance
hearing, or if theres a need for that, for observance of with… again, due process in administrative proceedings is an
administrative due process, as we have stated in the cases earlier, opportunity to be heard. There is no violation of the right to due
it is not even required. The hearing requirement here rests on the process here.
sound discretion of the hearing officer. The employees here who Ilaya v. po
were dismissed failed to show any reason why, the determination
nga dili na kinahanglan ug hearing, would be overturned(?). This is a disbarment case against a lawyer who deceived his
client. What did he do? The clients here who filed the disbarment
Now we go to the argument na it should be the old procedure case against the lawyer alleged that she and her late husband,
applied to them and not the new procedure. Why are they arguing nagloan silag property, and it was subjected to an expropriation
this? Because in the old procedure, naa pay requirement na proceeding. Now, the lawyer here convinced the owners to sign a
hearing, under the new rules, theres no need. The submission of preparatory deed of sale for the sale of the property but what
position papers of the case after that, be submitted for resolution. happened was that ilahang ...was a deed of sale for the sale of
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that property to the relative of the lawyer. So nailad sila they did
not know…..now because of that, gifilan nila siya ug disbarment So what happened here is several policememen came across upon
case ang lawyer. a mass grave, rotting corpses and it was discovered nga ang mga
rotting corpses na naa sa ilalom sa yuta...So
Now the proceedings before the IBP, gitagaan ug chance ang They were killed by the NPA pursuant to their operations. Gi
lawyer to defend himself, etc. ni appear siya sa hearing nga imbestigahan ang mass grave karon sa police.anyway after the
giconduct sa IBP. and eventually, the IBP recommended for the investigation, nigawas ang mga parente aning mga nangamatay
suspension to the practice of law for 2 years. Now the lawyer and they filed counteraffidavits before the police alleging that the
argued that he was denied due process for many reasons. Now people in the graves were there relatives so the
disbarment Proceedings are considered to be sui generis. Dili police...identifying the members of the cpp npa who were
nimo siya maclassify simply as…. Sui generis na siya...the court responsible for the operation ...so now, Unya karon...unya what
applied due process still even if it is a sui generis proceeding. did prosecutor *insert name here* do after receiving the
Was there denial of due process? What was the argument? He affidavits of the relatives of the deceased? ….after He issued a
was not given the opportunity to be heard, defend himself, to subpoena requiring the NPA members here to submit their
cross examine the witnesses of the complainant and to object counter affidavits. Many of those who were subpoenad claimed
….evidence. Was he… ? ofcourse not. The court said here he that wala daw sila nakadawat ug subpoena...they failed to file
fully participated in the entire proceedings and he even submitted their counter affidavit… because they were not served a copy of
numerous pleadings including evidences before the IBP. he was the complaint and attached documents. What else? Member here
also allowed to file a motion for reconsideration supported by his said he was not able to file a counter affidavit because he was not
submission of evidence which the IBP considered. Again, even if even served a subpoena. So wala jud daw syay nadawat nga
it is a sui generis proceeding, gi apply gihapon sa supreme court subpoena to file this counter affidavit and after that, nakadawat si
ang due process requirement in administrative proceedings…. prosecutor of some of the affidavits… and he decided that there
was probable cause to charge these people with multiple counts
Now is your failure to cross examine your witness a violation of of murder…after the investigator, thats what happened, hatagan
due process? The court said that no. it is not a sufficient ground ka ug chance to file a counteraffidavit, studyhan na ni prosecutor,
to support that he was denied due process. He was heard here karon ang nadaog kay ang mga complainant. The prosecutor now
through his pleadings and submission of evidence. decides to file an information before the court. And that is where
the case is considered to be before the court, the filing of the
What if tinuod iyang gina ingon nga wala sya gihatagan ug information of this prosecutor. Pending na ilang multiple murder
chance to air his side, etc. how can that defect be cured? In other case.
words, how can due process still be observed? If you are given
the opportunity To file a motion for reconsideration. Any defect What is now the argument of the NPA members insofar as the
in observing process can be cured By filing the motion for proceedings before the prosecutor is concerned? They claimed
reconsideration Because at that juncture, you are given the that they were denied due process because…. Among others,
chance To be heard and that was what happened here. Gihatagan kadtong nakareceive daw ug subpoena, walay attachment sa
siyag chance to file an MR and he used the chance to file an MR. complaint ang naatach sa documents or evidence. Kadto pong
So he was not denied of due process in this case. He was validly uban, wala pud jud daw nakadawat ug subpoena in the first place
penalized. and that is why, according to them, wala nami nakafile sa among
defense, wala nami naka gamit sa among opportunity to be heard
OCAMPO v. ABANDO kay kulang inyong gihatag sa amoa. Ako wala gani ko ninyo
gihatagan ug opportunity to be heard, wala ko ninyo gihatagag
Recit. subpoena.
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was given the opportunity to present ...evidence, the PI is valid.
Also one of those who contested the action of the prosecutor Again the essence, is the opportunity to be heard. It does not
complained that he was denied the right to file a motion for matter if you avail of that opportunity as long as you were given
reconsideration because of the delayed service of the resolution. the opportunity, you cannot claim that you were denied due
Under the rules of the OP, youre only given 15 days yata to file process ...and what is the rationale of that rule? In order to
an MR. According to him, gidugay ang pagdeliver sa iyaha, 19 foil ...daw the …. Of the respondent to delay prosecution of his
days. Pag receive niya, nag lapse na ang 15 day period. So wala offense. Now, due process was observed here because efforts
na siya gihatagan ug chance to file an MR. Denial of due process were undertaken to serve the subpoenas on the respondents at
kay wala siya nakafile ug MR. Are they denied due process? their last known address. Court says that it is sufficient to due
What kind of proceeding is this? It’s called a P.I. or a preliminary process.
investigation. Ginasala sa prosecutor ang imong kaso kung
maadto ba sa korte. Now, a preliminary investigation is not a What about the complaint of one of the NPA’s here that the
mere casual affair. It is conducted to protect the innocent from subpoena daw was sent to a nonexisting address? He could not
embarassment of a public trial. Ginasala kung worthless ba have replied that subpoena because the address is not existing?
imong complaint. Kung meritorious, filan kag kaso sa court. It’s What did the supreme court say? Anyways the court said that the
like a strainer before mafile ang case sa court. Because of that, subpoena was delivered to his wife on the same address and his
the nature of the PI, it is ….substantive right and a component of wife was able to submit a counteraffidavit so what is your reason
due process. Now is due process required in PI? What is the nga wala ka nakafile nga imong asawa nga nagpuyo pud sa same
essence of due process in PI? As we repeatedly said earlier, the address kay nakatubag man, ikaw ang wala. So in other words, it
essence of due process is the opportunity to be heard, also to was his own doing. Gituyo niya ngano wala sya katubag… in
submit evidence to support one’s defense. basically , opportunity other words the address was not fictitious. also his counsel was
to be heard. So nganong ginaquestion ni nilang action ni able to ….of appearance and the fault now of his counsel for
prosecutor? Because in the first place daw they were not given failure to get a copy of the complaint and attachments for that
the chance to or the opportunity to be heard. lawyer to submit an intelligent defense.
That is how you answer your exam: categorical answer: there is What about the lack of due process because of the lack of
no denial of due process. What is due process in this case? Apply opportunity to file an MR because the prosecutor delayed the
ni ninyo. delivery of the resolution? 15 days lang ang allowed pero 19 days
pa daw nadeliver sa iyaha ang resolution…”wala koy chance kay
What happened in this case? In this case no? They were actually humana ang 15 days.”
served subpoena at their last known address. To submit their
counter affidavits and that of their witnesses. Now what is the Is he correct? Asa ireckon ang start sa pagcount sa fifteen days?
effect if the recipient of the subpoena willfully does not want to So fifteen days from the receipt of the resolution, not from the
claim the mail?... Because di niya gusto ianswer? After ana, date of the resolution kay unfair pud sa imoha kung ang date sa
pwede niya iclaim na wala niya nadawat iyang notice, unya naa resolution ang ifollow tas isubmit sa imoha 2 years later because
ra diay sa iyang balay. What happens if the respondent does not of unseen circumstance, so ang 15 days icount as to the date of
willfully claim the subpoena? your receipt. Not the date nga iresolve sa prosecutor. So di niya
pwede iclaim nga wala sya kafile ug MR kay you do not count
Anyway, the prosecutor is not bound to wait for you. He can the 15 days on the date of the resolution but on the date of
resolve the complaint based on the evidence before him if the receipt. Therefore you are given the chance to file your MR.
respondent…. What is the requirement? As long as efforts to
reach the respondents through mail, efforts were made, and he
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So there was no denial of due process in this case as claimed by to give her side of the allegations. She was able to file her
the respondents… affidavit, was able to file a notice of appeal, she even filed a
motion for reconsideration of the decision of the COA officer.
GUTIERREZ v. COA And the court admitted that even if wala sya nakafile ug appeal
….she is an employee of the govt for 20 years. Now iyang mga memorandum, she was able to state her substantive defenses with
collections, for that specific year kay nag abot ug 10 million. the pleading she filed to the COA and to the Supreme Court. And
Gibutang niya iyang kwarta in a ...box in a wooden cabinet indeed the court found out that the money was lost through her
somewhere in the office. Knowing na ing ani ang substantial negligence and not
amount, armed men… stormed the office then gipangkawat ang through robbery. Due
kwarta...so nawala ang kwarta, sadan karon ang collecting process was served.
employee. So when the COA audited the NFA and found that
this shortage, gipatubag ni si cashier. And as a consequence gi
withold iyang sweldo ug benefits to pay for the 10 million pesos November 22, 2017
she lost because of that… so ang first na gi issue sa iyaha na JDSales
order is to demand for the accounting of this 10 million, to
produce this 10 million. So giissuehan siya again from the COA We continue our discussion on the concept of due process. So
witholding the order nga dili sa irelease iyang sweldo and far, all we have been discussing is the concept of due process in
benefits until and unless maproduce niya ang money.. And so in administrative proceedings. We will continue our discussion on
the first order, nag execute siyag affidavit narrating what such matter, here we have the case of SEC v. Universal, where
happened that day…..and also in the holding order, she filed an this corporation, Universal Rightfield Property Holdings
appeal before the state auditor...even if she filed her notice of Incorporated violated or failed to comply with the reportorial
appeal, she was not given the chance to file an appeal requirements set by the Securities and Exchange Commission.
memorandum. When we say memorandum, dira nimo ibutang This Universal is a corporation, so in order to fund its rations and
imong reasons for your appeal. The notice of appeal is just a expansion it has to sell its shares of stock to the public. But
notice of appeal of COA. the memorandum of appeal is a before they can do that, it has to secure among others a permit to
separate submission. She was not given the chance to file this sell securities to the public. Now because of its failure to submit
appeal memorandum. And yet the state… decided against her. certain reportorial requirements to the SEC, gi warningan sila by
The auditor found out that it was her act of negligence on the the SEC in violation of the Securities Regulation Code. Another
performance of duties that cost the loss of 10 million pesos. violation happened because it failed to comply to the same
Because of that, she filed an MR which was denied so now she reportorial requirement. The SEC now notified Universal, gi
went to SC claiming that she was denied due process. tagaan siya ug notice of hearing by the SEC in order to show
cause why its registration of securities and its certificate of
The court said here that she was not denied due process...in the permit to sell securities to the public should not be suspended.
landmark case of aglipay(?) gienumerate diri ang
requirements.... So it concluded that due process in So this is the notice explaining to the SEC nganong dili ma
administrative Proceedings here on COA does not require a trial suspend ang imuhang mga permits thus their failure to comply
like proceeding. It does not require the exchange… but only with the requirement. During the hearing on July 6, 2004, gi
again the opportunity to defend one’s self, an opportunity to be explain sa ilang accountant nganong they failed to comply. But
heard. And how is that due process in this case satisfied? When not satisfied by the explanation, the SEC on July 27, 2004
he or she was notified of the charges given, he was given the suspended the registration of the securities and permit to sell of
opportunity to explain or defend himself. That was already in Universal. Later on suspended ang operations, so later on kita
compliance. In this case, she was already given so many chances
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nato sa SEC noh na naa na puy violation of the reportorial noted that there was already due notice given to Universal in so
submissions and now the SEC again directed Universal to far as their revocation of their registration and permit to sell was
comply and show cause why it should not be held liable for concerned. Where is the notice in so far as the revocation?
violation of its failure to submit the reports. Katong notice noh na gi order sila na I suspend ilahang permit to
sell as well as the registration. Because in that order suspending
Now there was no notice, there was no hearing anymore required Universal nakabutang na it already states that proceedings shall
while the SEC eventually revoked, ganina suspension karon ensue pursuant to the law should Universal fail to submit the
revocation na jud, dili na pwede maka issue, forever revoked its reportorial requirements under the lapse of a certain period.
registration of securities and permit to sell securities to the
public. So because of this revocation, Universal disagreed and it So since the provisions of the law here are already grounds either
went to the Court of Appeals to contest this order arguing among for suspension and revocation, there is truly for you to be given
others that it was not notified of this proceeding before the separate notice in fact the notice here is already compliant with
revocation of its securities. Ang notice na gihatag sa SEC is for the notice requirement in so far as the revocation of its permit
its suspension and according (inaudible) there should have been a and registration is concerned. Still, even if wala daw tong, even if
separate notice for the proceedings for the revocation of its we don’t consider all of that there was substantial compliance
registration as well as permit to sell and the notice earlier for the with the requirements of due process, when in fact Universal was
hearing on suspension is not appropriate, dapat separate and given an opportunity to be heard. Because when it received the
notice for it. order of suspension Universal here filed several letters seeking an
extension to submit its reportorial requirements and there stated
Because of that, there was a violation daw of notice requirement its admissions and defenses, unsa ang reasons and because of that
therefore a violation of due process. So the CA agreed with gi tagaan sya ug opportunity to be heard. Again the court
Universal and said that there should have been separate notices reiterated that when we say due process it has a constitutional
and hearings for suspension and now for the revocation. Now precepts it is not always in all situations require a trial type
before the Supreme Court, the SEC argues among others, that proceedings it can be heard thru letters and position papers etc..
there was no violation of due process. Was universal denied due
process? According to the court, no. The Court said here that a Therefore the Universal here was already given the opportunity
violation of the reportorial requirements under the law of to be heard you cannot say that it has been denied due process.
Securities Regulation etc. is a ground for the suspension OR Now what about the ruling here that gi invoke ni Universal na
revocation of the registration of securities and therefore notice and hearing are indispensable when an administrative
(inaudible) it violated the provisions here which was violated by agency exercises quasijudicial functions. Is that ruling
Universal it could be a ground either for the suspension of its applicable? According to the Supreme Court it is not. Because
registration or a ground already for their revocation. So what the SEC did here is not pursuant to its quasijudicial
according to the Supreme Court contrary to the ruling of the functions but pursuant to its regulatory power. Wala man gud si
Court of Appeals that separate notices are required, there is no SEC diri naga determine kung kay kinsa ang merits ang mag
need for that because under the law the SEC may already prevail noh, kay complainant etc. the SEC itself regulates siya
suspend or revoke that registration after notice and hearing. mismo mugawas noh na ang complainant in this case when
regulated this entity. When we say quasijudicial functions which
Again the essence of due process as we said before, as ruled by would in a sense require notice and hearing if there is, it applies
the Supreme Court is the opportunity to be heard or in to actions of administrative officers or bodies who are required to
administrative proceedings an opportunity to explain ones side or investigate facts, ascertain existence of facts, or hearings etc. but
an opportunity to seek a reconsideration of an action for ruling of here the SEC did not, is not doing its duty pursuant to that. What
the (inaudible). Now here on the matter of notice, the Courts it did here was to regulate the corporation and not design matters
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pursuant to its quasijudicial functions. It did not settle on of due process, the parties here were able to already file there
controversies here but impose and enforce the law. So dili mag pleadings and submit evidence before the arbiter of the HLURB.
apply ang ruling na gi cite sa Universal. Therefore the case was submitted for resolution short of only
rendering a decision and because of that na tagaan ug opportunity
Now in San Miguel v. BF Homes these two entities, San Miguel to be heard ang mga parties. Now what about the doctrine of
Properties and BF Homes nag enter ni sila into a sale of several primary jurisdiction na gina invoke karon ni BF homes? Dapat I
parcels of land si seller si BF Homes si buyer si San Miguel resolve sa daw ni HLURB tong issue, dapat sa daw gi balik sa
Properties. Now eventually San Miguel was able paid the Supreme Court ang issue didto among others. The Court said that
accounts but BF homes failed to deliver 20 certificates of title. So that doctrine is not applicable.
karon because of that failure San Miguel filed a case for specific
performance. So gi filan nila ug kaso ang BF Homes to compel it As a general rule we apply this doctrine of primary jurisdiction.
to deliver the remaining transfer titles. Where did San Miguel file What is this doctrine? The Courts cannot or will not determine
it? It filed before the HLURB to compel BF Homes to deliver the controversy where the question is within the jurisdiction of an
these titles. Now the arbiter of HLURB decided to suspend the administrative tribunal. Which exercises sound administrative
proceedings in that case. This is favourable to BF homes. What discretion requiring the special knowledge and experiences of
was the basis of the arbiter? Because according to her there were that tribunal, in other words kung naa kay, ang case noh nag
issues raised in the complaint in the action na naga require ug pending siya in an administrative tribunal, admittedly mas naay
decision from the Securities and Exchange Commission, expertise, mag file ka ug case before that Court, the Court would
particularly on the authority of one of the agent, of one of the (inaudible) hearing that matter hulaton sa niya ang decision sa
parties to represent one of the parties. administrative tribunal because of this doctrine. So that is the
general rule. The court recognizes na mas hawud ni si
So because of that pending issue according to the arbiter dili sya administrative tribunal. It is only after the tribunal has rendered a
maka proceed. In other words hulaton sa dw nila ang decision sa decision na pending ibalik na didto sa court para I determine
SEC on that matter. That is something that SEC has exclusive kung tama ba ang decision. That is the doctrine of primary
jurisdiction to decide so the proceedings in the HLURB were jurisdiction.
suspended. The San Miguel did not agree with this and filed a Is that doctrine absolute? The court said no, it has several
petition for review which was denied by the HLURB. It went to exemptions. Among others if the judicial intervention is urgent
the office of the president and it reverse the ruling of the HLURB and if strong public interest is involved. And the court applies
and held that they should have adjudicated on the matter. Now exceptions to this case, we are taking about housing etc. shelter,
karon si BF homes napud ang pildi went to the Court of Appeals so that is something that is imbued with public interest also the
and the CA reverse the court said that judicial intervention is necessary and urgent in this
(inaudible) daog napud siya and ordered the remand of the case case. It is crucial that the dispute here should be resolved as
to the HLURB under the doctrine of primary jurisdiction. swiftly as possible. The shelter is a basic human need. So they
apply the Supreme Court exception to the doctrine of primary
In any case where the case reach the Supreme Court one of the jurisdiction. Going back to the issue of the remand of the case to
arguments raised by the BF Homes is that it had been denied due HLURB, ingon sa SC diri there is no need to remand because we
process. Why? Because the Supreme Court now gi take can already determine basing on the exception to the rule. Is BF
cognizance ang case, they argued na you cannot do that Supreme Homes correct? Because of the hearing of the SC of this case ma
Court because dapat gi resolve sa sa HLURB or sa SEC tong deny siya ug due process? Again the Court said that no, because
issues na pending. Is there a denial of due process here? The the essence of due process is the opportunity to be heard. Again
Court said no. Also there is no denial of due process if the case is all the parties here are accorded with an opportunity to be heard
no longer remanded to HLURB. Now again on the brief concept
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and submit their arguments in the exchange of pleadings and issuance because they give no real consequence more than what
submission of evidence before the arbiter. the law itself has already prescribed. Why? Because these
interpretative regulations do nothing or add nothing to the law
Now in Cawad v. Abad, this has something to do with the and do not affect substantial rights of any person. Gina interpret
requirement, publication requirement, remember the case of lang nila noh kung unsa ang nasa balaod. If mulapas na siya then
Tanada v. Tuvera? Naa kay book, it has to be published. Now that is something questionable, well if dili, there is no need for
what about administrative issuances, particularly here, that because it is merely interpretative.
interpretative regulations. Are these regulations required to be
published before they can be binding? What is the purpose of So the court cited several cases here, illustrating these application
publication? Notice, which is a requirement in due process and of that rule for instance in the case of Association of Southern
here several workers, public health workers contested or Tagalog Electric Cooperatives v. the ERC. The ERC issued
challenged the validity of a certain joint circular issued by the several orders remember the case before, katong interpretation of
government here. Anyway the case started because of this RA the DPA, the formula. These orders among others results to be
7305 which provides for the granting of benefits, tagaan ug invalidated because of the lack of publication and non
benefits ang mga public health workers thru this magna carta of submission of the copies of these orders in the UP Law Center.
public health workers. What were the benefits given? Hazard The Court said there is no need for these orders to be published
allowance, subsistence allowance, longevity pay. So this law gi or to be filed, submitted to the UP ONAR because they merely
issuehan ug IRR and a revised IRR. interpret the law and it’s IRR. So they are merely interpretative
issuances or regulations need not be filed.
Now, eventually in 2013 after the issuances of these IRRs nag
issue ug joint circular ang DOH, DBM as well as the Civil Unsa diay ang basis ngano kailangan man nimo na I file na noh?
Service Commission. Now the public health workers here argued Aside from due process notice required pud siya sa
that these joint circulars are not only repugnant on their rights administrative code. Even if it is required, kaning mga
because gi limit daw nila ang mga rights na gipang impose na administrative regulations or issuances kailngan pa siya I publish
mga conditions which were not stated in the law so dili siya as well as I submit sa UP ONAR. The court held that the
(inaudible) and nonetheless. And another argument was that exception to the rule is not all rules and regulations which are
these joint circulars were not even published in the UP Law adopted by every government agency are to be filed with the UP
Center Office of the National Administrative Register and that Law Center. Example interpretative regulations which are merely
application requirement that UP Law Center ONAR is required internal in nature, they are not required to be filed with the UP
under the revised initiative code for failure of the DOH etc. to ONAR. Applying that in this case, the Court said that the joint
publish those joint circulars in the UP ONAR dili daw siya circular here gives no being consequence more than what the law
binding, because, nganong dili sya binding? Notified violation of has already prescribed. Why? Unsa diay tong gna ingon nila na
due process. naga add ug additional conditions? The qualification on actual
exposure to dangers which entitles these workers to hazard pay is
Now was there compliance in the due process requirement here? already stated in the law. These are already the conditions
The court said yes. Why? Why is there compliance in the due prescribe and authorized by the preexisting laws.
process requirement here? The Court stated that publication is Therefore there is really no new obligation or duties imposed by
indeed a basic postulate of procedural due process because that these circulars because it merely, the circular merely reiterated
constitutes notice. However there are several exceptions to the those embodied in the law as well as in the IRR. It did not
rule on publication one of which is this interpretative regulations. modify, amend nor supplant the IRR. In any case even if wala
Unsa diay effect aning interpretative regulation? Unsay sugod siya gi publish sa ONAR gi publish man siya by its administrator
niya? These regulations need not be further than the very
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that is already compliance with the notice of publication already discussed this before. The power vested by the
requirement and therefore due process was not violated. Constitution in the legislature, to make, ordain, establish, all
manner wholesome and reasonable cause etc. for the good and
So we have been discussing the concept of due process in so far common welfare or the subjects of the State. Who exercises
as administrative proceedings are concerned. Now what about police power? As a general rule, it is lodge in the legislature, but
judicial due process as we said before it has different it may be delegated to the president and administrative courts in
requirements. What are the requirements for judicial due so far as the enforcement of these laws are concerned.
process? Kung wala ni, one cannot say that the ruling of the court
would be contrary to the Constitution, violating the right of due Because of the plenary power, condition lang kaning legislature,
process, therefore in nullity. issues laws which are for the good and welfare and common
wealth so broad that there has to be a limitation imposed on the
Anyway, what are the requirements? First there must be a court exercise of the power, otherwise it can be arbitrarily exercised.
or tribunal clothed with judicial power to hear and to determine So what is the condition or the limitation? Again government
the latter, meaning the court/case should have jurisdiction over may reenact legislation that may interfere with personal property
the subject matter of the case. Number 2, unsa ang naga vest ug etc.. Provided that the interference must be reasonable and not
jurisdiction sa court? How is jurisdiction acquired? Jurisdiction arbitrary. Plenary power that we have to respect the rights of
of subject matter acquired? It is acquired by law, for example the those who are affected by these power not arbitrary but
Sandiganbayan has jurisdiction over certain parties involving reasonable.
certain public officers, there must be a tribunal with jurisdiction.
Number 2, jurisdiction must be lawful over the person, the To forestall this arbitrariness the methods or means used to
defendant, over the property, which is the subject of the protect public welfare etc. must not be reasonable relation to the
proceedings meaning not only does the court has jurisdiction end (inaudible). So in other words even if the state has police
over the subject matter kanang inyong gina awayan, but also power, to exercise this power it has to respect your rights
jurisdiction over the parties. How is jurisdiction acquired over particularly your rights in the bill of rights. It can exercise
the parties? If you are the complainant, jurisdiction is acquired arbitrarily and in the exercise thereof dapat reasonable siya, and
upon you by your filing of the complaint before the courts. If you (inaudible) in liue it would really be better for the public welfare.
are the defendant, upon the issuance of the proper order of the What if the property rights are affected instead of your right to
court to submit or to response to pleading. The 3 rd requirement is life? Of course you still have to observe due process but property
the defendant here must be given opportunity to be heard and rights, dili kaau siya as intense or as heavy as your right to life,
finally judgment must be rendered upon lawful period. So those liberty. So if there is a showing of an intrusion to one’s property
are the requirements for judicial due process. Administrative due rights it must as a rule bow to the primacy of police power
process, lahi iyang requirements, 8 to kabuok in Ang Tibay v. because property rights sheltered by due process must see the
CIR the essence again is you are given opportunity to be heard. general welfare of course as to be shown that the exercise is not
arbitrary. If ipakita na imung defense lang kay naapektuhan
Now we again discuss the concept of due process, the effect in imung property rights then the exercise of police power would
due process is not observed. What the requirements of due prevail.
process are in so far as administrative and judicial proceedings
are concerned we now apply due process vis a vis to the powers Now we go to the cases, the case of White Light Corp. v. City of
of the State because we are talking about the bill of rights. We Manila, involving ordinance which proscribes the operation of
are talking about you against the State. You have the right to due motels, mga ing ana, wash up rates etc.. So this ordinance was
process. Now we apply this, the State’s exercises fundamental validly enacted for example in the city, daghan ang manulti noh,
power the first being police power. What is police power? We here O George, etc. these motels or inns provide for wash rate
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admissions. What do you mean by wash rate? When you say process completes the protection envisioned by the due process
wash rate musulod lang daw ka to wash yourself, short time clause.
admission lang siya. So these motels or establishments, they offer
short time rates for their clients. And because the city of Manila How do they comply with substantive due process if the
saw that these motels are doing that, it fostered prostitution bla government in issuing that act or ordinance as sufficient
bla bla and so the city of Manila issued an ordinance which justification for depriving a person of life liberty or property?
prohibits two specific and distinct business practices. Wash rate Now if there is a challenge on a certain act ordinance of law, that
admissions and number 2 renting out a room more than twice a it offends substantive due process the Court applies several tests,
day. This is according to the city rooted to the police power pwede nila gamiton to determine if there really is compliance
conferred on local governments by the Local Government Code. with substantive due process. The Court enumerated here these
strict scrutiny test if the restriction that the exercise of the police
Now the motel owners among others prayed for the nullification power deals with the freedom of the mind etc., fundamental
of this ordinance because it argued na this is arbitrary, it affects rights.
business interest as operators of hotels and motels in Manila. It
also violates the right to privacy, freedom of movement, it is It also applies to rational basis standard if it has something to do
unreasonable and oppressive. So is the ordinance here with economic legislation also with heightened and immediate
unconstitutional? The Court said that yes, it is unconstitutional. scrutiny. Anyway the Court emphasizes the two, rational basis
The Court laid down the test for a valid ordinance which was and strict scrutiny. Now when do you apply strict scrutiny? The
cited in the earlier case. First for a valid ordinance to be Court said the judicial review of statutes and ordinances imparts
compliant with the Constitution or to be valid, number one it this scrutiny again if there is an infringement of fundamental
must not contradict the Constitution or any statute. Definitely, freedom, speech, gender, race, fundamental rights. Now unsa ang
it’s just an ordinance, consistent with the Constitution of the law. rights ang affected here? Is it merely the business interests of
Number 2, it must not be unfair or oppressive. Number 3, it must these motel operators? The court said that no. what constitutional
not be partial or discriminatory or must not prohibit but may rights affected aside from the rights to property, the Court said
regulate trade. Five must be general and consistent with public that we have the constitutional rights of the patrons, clients
policy and finally must not be unreasonable. persons who will be deprived of availing these short time acts of
wash rates. And what rights is that? Kung dili sila maka avail
The city invoked here police power which we already stated aning pag sulod nimo sa motel, whatever? Right to liberty, which
earlier. It is based upon the concept of the necessity of the State involves the right of men to enjoy the facilities with which he has
and its right to protect itself and its people. Yet even if that goes been endowed by his Creator, subject only to such restraint as are
to the ends of the exercise of police power, it does not sanctify necessary for the common welfare.
any and all means for their achievement. In other words the
exercise of police power is not absolute, it is qualified. Now the So this involves the right to liberty which is a fundamental right
Court had a distinction here as to what due process is. It has two and because it is a fundamental right the Court applies the strict
forms, as we already explained before, due process may be scrutiny test. Even iff dili nila I apply ang strict scrutiny test,
procedural or substantive. When we say procedural due process, rational basis test lang, mag fail gihapon ang ordinance because
naga follow ug procedure ang entity, like what we discussed of its arbitrariness. Going back to the curtailment of liberty
before, notice hearing, opportunity to be heard. Now we are particularly Section (inaudible) the Court said that even if ang
talking about another form of due process which is substantive plain view nimo is to reduce prostitution you cannot argue also
due process, dealing with the substance of the law or the that there would be couples or families that would have valid
ordinance upon which gina impose nimo sa tao. Substantive due business musulod ug motel, legitimate sexual behavior among
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married or consenting adults are constitutionally protected and issue here is that these entities are making singil so there is no
these to be curtailed as well by these ordinance. talking about regulation. Furthermore even if the DPWH can
regulate that the action to be done by these entities can be done
What else violate right to privacy? What are the other acts which arbitrarily or whimsically, dapat naa syay basis. Anyway, the
the ordinance curtails? Families who merely are transients na power invoked by the State here, the solicitor general, its power,
gkan sa (inaudible) dili na daw sila maka sulod aning mga motel police power. Nganong police power man? The Court explained
because of these ordinance and there entry is not meant to be na kung I analyse, nganong kini ang basis ni Sol Gen, because if
illicit. So the Court said here that this ordinance is violative of police power ang gamiton ni Sol Gen I impose niya ni na
the Constitution because it offends substantive due process. restriction, there is no need for the State to pay these malls for
Why? The means here applied by the city proscribing these something in exchange. Gina proscribe ninyo siya pursuant to
businesses to operate, these are not reasonably necessary for their your police power, valid na siya, then there is no need for the
accomplishments of the purpose, the methods used are state to pay you. However, if mapakita nimo na that power
oppressive and arbitrary. exercised here is one that is the power of eminent domain then
That is why we still come to motels. Now we go to the case of there is a requirement of just compensation. So the Sol Gen here
Office of Solicitor General v. Ayala, involving practice of malls is careful in invoking police power but the Court found out that
making singil parking fees. Is that allowed? Here several even if you invoke that the real power that you are invoking here
establishments, SM Prime, Ayala, Robinsons they have this is actually the power of eminent domain and not police power.
practice of charging you for parking fees, parked in their property
and because of this naay investigation of the senate on this Therefore since eminent domain man imung gina gamit you have
practice. According to this senate committee, this is contrary daw to pay just compensation. Anyway after that issue the Court said
to the National Philippine Code. While it is true that according to here even if police power imung gina gmit the power to regulate
the committee nearly requires the malls to provide parking spaces gusto ka ug police power does not include the power to prohibit.
without specifying whether it is free or not the committees Because police power as a rule does not involve the taking or the
believe that the reasonable and logical interpretation of the law is confiscation of property except if his properties are destructive.
that the parking spaces are for free. So when there is a taking or confiscation of private property for
public use, which the sol gen wanting to happen here. The State
So now gi question, pursuant to that the DPWH instituted thru is no longer exercising police power but the power of eminent
the solicitor general an action to prohibit these establishments domain. The State has to pay.
from collecting parking fees. Of course these establishments
argue that that interpretation of the law is not correct. It would Now in the case of BSP Monetary Board, it’s not in your
deprive us of our reasonable use of our property. So who is syllabus. This involves the power of the monetary board of the
correct? Can the state thru the DPWH proscribe these malls using central bank to disclose now (inaudible) policy. What is this
the property from imposing or making singil, charging parking policy? If the monetary board finds out that this bank is operating
fees? The court said that no, the findings and the senate dangerously, meaning naga run off na iyang assets, wala na siyay
committee have no basis, malls can still charge parking fees. cash, it can instantly close that without a hearing. That is now
being challenged by one of the banks here, because accordingly,
What power was invoke by the solicitor general here? By the it violates the right to due process. Practice of the banko central
State here? Before we go there, there was this discussion the is arbitrary among others. Is that policy violative of due process?
argument that the power to regulate and control the use of The court said that no. What is the rational basis or reason for
property gives you the power to impose fees or to prohibit the this close now pay later policy it is because the (inaudible) is
imposition of fees that is wrong. First of all, we are not talking grounded on practical and legal considerations to prevent
about the DPWH regulating these entities, but these entities, the unwarranted dissipation of the assets of the bank and this is a
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valid exercise of police power to protect the depositors of the have the power? It does not have the power? Why? What does
bank. Kay kung hulaton pa nimo ang proceedings, the bank can that mean? 1 2 3?
just waste all its assets, ibaligya niya tanan and at the end of the
day wala nay makuha ang depositors that is why the monetary Andamon. Does the CDC has the power to issue command or
board allowed the operations of the bank dili ka pwede mag sell direct payment fees? Why? Nganong nag determine man ta why
if frozen imung mga assets para ma protect imung mga is there a need to determine? Unsa ang gi distinguish ni SC diri?
depositors. The Court said that that is a valid exercise of police What powers were distinguished by the Supreme Court? What is
power it does not offend due process. the distinction between the two? So the Court distinguished the
exercise of police power and the exercise of taxation. How did
Now in the case of Chevron v. BCDA, the Clark Development they distinguish the two? So what power is exercised by the CDC
Corporation issued policy guidelines on the movement of tax or police power? What was the basis of the CDC to issue
petroleum fuel to and from the Clark special economic zone, so that? We are talking about police power or the exercise thereof
we have a special economic zone involved here. And this Clark there has to be a basis nganong gi exercise man sa CDC? What is
Development Corporation is supposed to regulate the activities the rational or the reason for its exercise of that power? Public
within this economic zone and one of the regulatory measures interest? Of everyone? Public interest of the general welfare? The
imposed by the CDC is the imposition of royalty fees or Court had the reference here thru the policy guidelines issued by
petroleum for fuel entering the zone. Meaning nay additional the CDC kung asa man sila (inaudible) royalty fee imposition
charge for you if you bring any fuel to the zone. According to the and in the guidelines nakabutang didto ang basis it is to ensure
Clark Development Corporation, that is to protect the zone etc.. the safety security and good condition of petroleum fuel
Now Chevron Philippines, formerly Caltex Philippines was distributed in the zone and these fees form part of the regulatory
notified na naa nay ing ani na imposition so mas nimahal ang framework to ensure free flow on movement of petroleum fuel to
iyahang fee, the absolute sale of oil dira was given a hearing by and from the economic zones.
the CDC for royalty fees in certain accounts. The Caltex paid
under protest but questioned the authority of the CDC to impose So this is the purpose to regulate the flow of fuel and not to
royalty fees. Wala daw basis ang CDC to impose that, because generate revenue otherwise in revenue generation, may tax
why? Nganong walay basis ang CDC? Why does it not have the beyond the power of the CDC. Since na find out diri sa Supreme
power to issue this kind of regulation? Court this is a regulatory measure then there is no exercise of
taxation here but an exercise of police power. Now the court also
Torculas Allan Joe. Liboa? Why is it that the CDC daw said, discussed kung kanus a valid ang regulatory fees if it must
according to Chevron is not warranted to issue or to impose relate to an occupation or activity the engages the public interest,
royalty fees? Why does the CDC had no authority to impose the health etc. and that imposition must be a reasonable relation to
fees? What entity has the power of tax? Under Consti 1? Kinsa the probable expense of regulation. In other words, related siya
ang pwede maka impose ug tax and thru what? Among the 3 sa regulation na basis and that dili kaau siya so exorbitant to
departments of the government kinsa pwede maka impose ug exceed the cost of the probable expenses of the regulation itself.
tax? The legislative, through? What does the legislative pass? Otherwise kung excessive na siya that is already revenue
Through a bill? Are you sure? What happens if a bill is included generating primary purpose of the imposition of such. Thank
in the process, it becomes a law. So it is legislative only which you.
can impose taxes not the CDC, it is beyond the power of CDC to
issue that and because its earning fees, generating bla bla bla, this Now in Espina v. Zamora this law the Retail Trade Liberalization
is taxation, the exercise of taxation which can only be exercised Act of 2000 was challenged for being unconstitutional. This law
by the State thru the legislature. Is it correct? Does the CDC has repealed expressly RA 1180. Which absolutely prohibited
the power to impose these fees? Why? Are you sure? Does it foreign nationals from engaging in retail trade business in the
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Philippines so gi allow na karon sa balaod by that repeal allowed the imposition of this ordinance what does it requires? If you
na sila to engage in retail trade under the conditions set forth in have a fence in Marikina what does this law requires? Pursuant
the law. Now that law is being challenged because among others, daw to its police power, the city issued this ordinance for the
it runs afoul to the following constitutional provisions Article 2 general welfare bla bla bla. What does this ordinance require you
Sections 19, 9 and 20 etc.. For that argument it can already be to do with your friends? 1 2 3.
easily rebutted because Article 2 is merely a declaration of
general principles and state policies. So dili siya basis Monteroyo. What did this ordinance required? What else?
enforceable right, so let’s not discuss that anymore. But for our Anyway this ordinance provides that the fence should be 80%
discussion the court said that this law, repealing the old law, is a see thru and also be moved 6 meters back to put parking space
valid exercise of police power. for vehicles. So definitely imung property maapektuhan ani. Now
the school here, St. Scholastica, challenged the validity of the
The control and regulation of trade in the interest of public power ordinance. What was the reason why the school challenged the
is an exercise of police power by the state, you have a right to validity of this ordinance? Because? What did the entity filed
your property whether you are a Filipino citizen or a foreigner before the trial court? Can the trial court declare a law or the
and it can’t be taken from you without due process of law. So ordinance unconstitutional? What did the RTC find here? Who
congress enacted RA 1180 restricting retail trade at that time as won the case in the trial court?
validated by the SC was a valid exercise of police power. Now
that the times have changed, now that the interaction of the world Anyway the Court said that to enforce this ordinance to the
insofar is the State is concerned is more imperative, the State school, 80% see through requirement would run counter to its
now has changed the wind. right to privacy, moreover mga madre ang nag puyo diri
according to the court. They are entitled to some sense of
The State now wants to liberalize trade in the country and the privacy. Is the ordinance here valid? What are the tests? What
court said that that is also regulation of the property which is the was the power invoked by the city? What are the tests of a valid
exercise of police power. And this time the court said that this is ordinance? We have the 5 requirements (1) constitution or statute
a valid exercise of police power. This law lessens the restraint on etc.. And it also discuss here the rational relationship test. Why is
foreigners and foreigner’s right to property or to engage in an the ordinance unconstitutional? So the court said it said that it is
ordinary lawful business and it does not deny Filipinos the right unconstitutional, because it is not necessary to accomplish the
to property and due process of law. Why? Kay wala man jud na purpose of the city. The purpose is to improve the security
fully deny ang pinoy engaged in retail trade and business it’s just among others.
that mas managhan ilang competition. Filipinos continued to
have the right to engage in retail business to which the law Now there are two provisions challenged here, the setback
questioned as permitted the entry of foreign investors. Who those requirement meaning muhimu ka ug fence para maka park ang
who challenging the law here they would just (inaudible) by the vehicles second is to make your fence 80% visible para Makita sa
entry of competition. The court said that is not a valid reason to mga tao ang musulod sa inyong balay. So the court here that the
challenge the validity of the law. Also, the law itself has provided means and methods employed by the city they do not justify the
safeguards to protect local industries. imposition of this restrictions, set back requirement is not a valid
exercise of police power because the State is actually taking
In Fernando v. St. Scholastica we have a school here and an private property for public use and that is an exercise of? What
ordinance imposed by Marikina what does this ordinance power is exercise by the state in this property? Which requires?
provide? Baban. What ordinance was challenged here? Did you And here the ordinance does not provide for just compensation
read this case prior to this class? 1 2 3. Calio, what ordinance was so meaning dili siya allowed mag exercise ug police power. Kay
involved here? What is the number of the ordinance? What was
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kung ma prove nimo na valid imung pag exercise ug police this ordinance – they claimed that it was
power there is no need for you to make singil. unconstitutional because it was violative of due process
under the law. According to them, it is violative of due
But, very limited in this sense pero pag Makita na that is actually process because once the vehicle is clamped, there is
an exercise of eminent domain disguised as an exercise of police no hearing and there is no notice – it happens
power then you have to pay the requirement of eminent domain immediately. So, is the ordinance unconstitutional?
must be duly observed. What are these? Authority for you to take The Court said that no, it is not – it is valid.
that property and second payment of just compensation. The
court said that the setback requirement is actually an exercise of What are the six (6) tests for a valid ordinance?
eminent domain dili na siya exercise of police power, (1) must not contravene the Constitution or any statute;
noncompliance of the exercise of eminent domain dili siya valid. (2) must not be unfair or oppressive;
What about the 80% see through? Why is that invalid? Anyway (3) must not be partial or discriminatory;
the reason why the SC struck that down as unconstitutional is (4) must not prohibit but may regulate trade;
again there is no reasonable relation between the purpose of the (5) must be general and consistent with public policy;
exercise of police power and the means employed for its (6) must not be unreasonable.
accomplishment. Nganong dili man siya reasonable?
However, here in this case, the Supreme Court divided
The purpose of the see through requirement is to discourage, the tests into two (2) types:
suppress or prevent the concealment of prohibited and unlawful
acts. The court however does not see how making the walls
transparent would effect that objective. The means employed 1. The formal test
therefore is not reasonably necessary for the accomplishment of Asks the following:
its purpose and is in fact unduly oppressive to private rights. The • Whether the was a legal basis for the LGU to establish the
City has not adequately shown that see through fence will ordinance.
provide better protection and a higher level of security or serve as • Whether it was passed in accordance with the procedures laid
a criminal deterrent than a solid wall because your wall is made down by law.
of alambre nalang. So the court said that the end, dili niya Makita 2. The substantive test
na ang means na gamiton would mee the end of the criminal
Asks the following:
activity would be addressed by this 80% see through requirement
• On the merit of the ordinance – whether it complies with the
for these fences.
limitations under the Constitution and laws.
• Whether it is fair and reasonable and consistent with public
policy.
November 23, 2017 Here, the Court held that the ordinance is valid
Sophie Piang pursuant to the two tests.
Legazpi vs City of Cebu With regard to the formal test, the legal basis of the LGU was the
Local Government Code which allows Local
We have an ordinance which allows traffic enforcers to clamp Government Units to pass and establish ordinances that
vehicles that violate the existing ordinance of the city regulate the delivery of services. In this case, the
of Cebu. So, lawyers complained about the validity of
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ordinance was passed to regulate transportation and
traffic on roads, bridges and etc. Manila Memorial Park vs DSWD
With regard to the substantive test, the first requirement is This case deals with the taking of the State of the 20% discount
adherence to the constitutional guaranty of due process on transactions entered into by senior citizens.
of law. Due process safeguards against arbitrariness on Proprietors, corporations and the like questioned the
the part of the government. If a law unreasonably exercise of the State pursuant to RA 7432 imposing
deprives a person of life, property, and liberty, he is this discount. According to them, this method, among
denied the protection of due process. Now using those others, is contrary to the Constitution. First, when this
definitions. Is the ordinance unconstitutional? The law was passed, the 20% discount was considered as a
Court said that it is not. direct tax credit. But there was a change in the
interpretation of the law – instead of it being
With regard to substantive due process – is the ordinance considered as tax credit, it is now considered as merely
compliant with substantive due process? Yes, tax deductions. So now the returns to be received by
the Court held that this is a valid exercise of the corporations and establishments are now
police power as it conforms to the diminished.
Constitution and it is also fair and reasonable
and consistent with public policy. The policy This tax deduction scheme was questioned by them for being
of the ordinance was to ensure smooth violative of Section 9 of Article 3 of the RA 7432.
regular vehicular traffic, and this method of According to those challenging the tax deduction
clamping vehicles is a reasonable means to scheme, this is not an exercise of police power, but one
achieve that purpose. of eminent domain – they claim that the State is taking
away their property – which is in the form of profit and
With regard to procedural due process, the Court said that the revenue, and is giving it to the senior citizens, thus they
ordinance was also compliant with this. The should be given just compensation. The State argued
ordinance provides mechanisms and ways as that this is an exercise of police power and not one of
to how a person can answer for his violation eminent domain.
and have the clamp removed.
So, is the tax deduction scheme an exercise of police power? The
As a general rule, notice and hearing are essential to due process. Court stated that it is a valid exercise of such power.
However, the Court said that there are instances under The Court stated that this is a legitimate exercise of
our laws in which the absence of one or both such police power which is similar to the power of eminent
requirements do not necessarily equate to the denial of domain because it has for its subject general welfare –
due process. The common denominator for such general welfare for senior citizens. Why is it that it has
instances is the sense of urgency. So, in this case, for its subject the general welfare of senior citizens?
there was a sense of urgency with regard to the The discount is intended to improve the welfare of
clamping of vehicles since to wait for notices and senior citizens who, in their advanced age, are less
hearings to be given would cause problems with traffic. likely to be gainfully employed due to illnesses and
Furthermore, when the vehicles were discovered by the disabilities, thus they would need subsidy for
traffic enforcers, the owners were not around, so there purchasing basic commodities. The State recognizes
was no time to explain and talk to them and as such, that these people have contributed to the growth of our
the traffic enforcers clamped the vehicles.
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country, so in return, this is a way for the State to give estate business by raising their competence and ethical
back to these citizens. standards through a licensing scheme. The Court said
that this is a valid exercise of the State’s police power
So why is this an exercise of police power? It is so because it is a because the real estate industry is imbued with much
regulation which affects the ability of private interest and thus, the State has to regulate it.
establishments to price their products and services
relative to a special class of individuals. This is a valid Imbong vs Ochoa
regulation. The Court noted here that the distinction
between police power and eminent domain should be The constitutionality of the Reproductive Health Law of 2012 is
noted. being challenged. According to the petitioners of the
case, the law has vague provisions and as such do not
Emman Enterprises vs PRB give notice to what acts are penalized. Therefore,
according to them, people are not given notice as to
In this case, what is being questions is RA 9646, The Real Estate what acts are legal, therefore, the law violates due
Service Act of the Philippines, which aims to process.
professionalize the real estate service sector through
licensing, registration, and supervision of real estate The petitioners contend that the RH Law suffers from vagueness
service practitioners. So, before one can sell real estate, and, thus violates the due process clause of the
one must be a licensed broker. This law was challenged Constitution. According to them, Section 23 (a)(l)
on the ground that it tears real estate developers of their mentions a "private health service provider" among
most basic ownership rights, which is their right to those who may be held punishable but does not define
freely dispose of their property. According to real who is a "private health care service provider." They
estate developers, this law infringes upon their rights argue that confusion further results since Section 7
because before they could dispose of their property, only makes reference to a "private health care
they would first need to hire licensed real estate institution."
brokers – thus there is now a limitation and condition
before they could dispose of their property. They claim The petitioners also point out that Section 7 of the assailed
that this is violative of due process. legislation exempts hospitals operated by religious
groups from rendering reproductive health service and
So, on the issue of substantive due process, the Court said that modern family planning methods. It is unclear,
this law is a valid exercise of police power because it however, if these institutions are also exempt from
is compliant with such process – it is reasonable, fair, giving reproductive health information under Section
and consistent with public policy. The Court stated that 23(a)(l), or from rendering reproductive health
the condition/limitation placed upon the real estate procedures under Section 23(a)(2).
developers is an unavoidable consequence of a
reasonable regulatory measure. The Court also Finally, it is averred that the RH Law punishes the withholding,
emphasized that no right is absolute, here, what is restricting and providing of incorrect information, but
being contemplated is property rights. Property rights at the same time fails to define "incorrect information."
can have limitations placed upon them. Things such as
profession, trade, and business can be placed under The Court held that the assailed provisions are constitutional.
regulation of the State’s police power. In this case, the The Court stated that a statute or act suffers from the
State recognized the importance of improving the real defect of vagueness when it lacks comprehensible
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standards that men of common intelligence must Oil raised the issue to the Supreme Court. Hermano Oil
necessarily guess its meaning and differ as to its claimed that this form of deprivation was done without
application. due process and that as the owner of the property, it
deserved just compensation.
It is repugnant to the Constitution in two respects:
(1) it violates due process for failure to accord persons, especially The Court held that there was no violation of the right of due
the parties targeted by it, fair notice of the conduct to process. It stated that the act of putting up a fence was
avoid; and a consequence of a valid exercise of the State’s police
(2) it leaves law enforcers unbridled discretion in carrying out its power. The road in this case, as pointed out by the
provisions and becomes an arbitrary flexing of the Court is a toll way. It is not an ordinary road, it
Government muscle designed to promote access to certain destinations. So,
the access fence built by the TRB was a reasonable
The Court held that in determining whether the words used in a restriction of Hermano Oil’s property given its
statute are vague, words must not only be taken in location in the NLEX.
accordance with their plain meaning alone, but also in
relation to other parts of the statute. It is a rule that On Hermano Oil’s claim that it was an exercise of eminent
every part of the statute must be interpreted with domain and not of police power, the Court held that it
reference to the context, that is, every part of it must be was an exercise of the latter. The property was not
construed together with the other parts and kept taken for public use; therefore, Hermano Oil is not
subservient to the general intent of the whole entitled to just compensation. Furthermore, access to
enactment. The entire law must be construed as a the property was merely restricted in order to ensure
whole. the general welfare and safety of the motorists who use
the NLEX.
In this case, the vagueness of the assailed provisions can be
clarified by reading and referring to the other parts of Ferrer vs. Bautista
the law.
The discussion dwells more on the equal protection clause. In
Hermano Oil vs TRB any case, this has something to do with the imposition
of a socialized housing tax pursuant to a city ordinance.
In this case, Hermano Oil owns a parcel of land located at the That tax is being challenged on the ground that it is not
right side of the Sta. Rita Exit of the NLEX. The said a valid exercise of police power and that it violates due
land was bounded and closed by an access fence along process.
the NLEX. Hermano Oil requested the TRB to give it
an easement of a right of way because it had been The Court defined what police power is – it is subordinate to
deprived of its enjoyment and possession of the constitutional limitations and it is valid if it is
property because of the access fence. reasonable to public policy. When a local government
unit exercises police power, it must observe the rights
The TRB denied the request because it was inconsistent with the of the people, due process, and equal protection of the
law – The Limited Highway Access Act. Also, to grant law.
the request would be detrimental to the operations of
the highway. Unsatisfied with this verdict, Hermano In this case, we discuss substantive due process. On this,
substantive due process must not be arbitrary. A means
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adopted by the State must be reasonably necessary for Greenpeace, et al. argued that this case calls for the application of
the accomplishment of the purpose of the law or the precautionary principle, the Bt talong field testing
ordinance and must not be oppressive. If it is not being a classic environmental case where scientific
necessary or is unreasonable, then it is arbitrary and evidence as to the health, environmental and socio
must be struck down. economic safety is insufficient or uncertain and
preliminary scientific evaluation indicates reasonable
The two general requirements for the observance of substantive grounds for concern that there are potentially
due process are: (1) The interest of the general public dangerous effects on human health and the
and (2) (inaudible). environment.
International vs Greenpeace
On May 2, 2012, the Court issued the writ of kalikasan against
This involves the Bt talong field tests involving genetically ISAAA, Environmental Management Bureau
modified organisms (GMOs). Because of the gravity of (EMB)/BPI/Fertilizer and Pesticide Authority (FPA)
the effects of using biotechnology, it has to be and UPLB,18a ordering them to make a verified return
regulated, therefore, several legislations were enacted within a nonextendible period often (10) days, as
to regulate the use of biotechnology. provided in Sec. 8, Rule 7 of the Rules of Procedure for
Environmental Cases.
This case dwells on two issues. The first is on agricultural
issuance. In April 2002, the Department of Agriculture By Resolution dated July 10, 2012, the Court referred this case to
(DA) issued DAAdministrative Order (AO) No. 08 the CA for acceptance of the return of the writ and for
providing rules and regulations for the importation and hearing, reception of evidence and rendition of
release into the environment of plants and plant judgment.
products derived from the use of modem
biotechnology. Knowing the existence of this AO, The CA rendered a decision in favor of Greenpeace and ordered
certain entities such as UPLBFI, ISAAA and UP the concerned parties to cease and desist from
Mindanao Foundation entered into a Memorandum of continuing the Bt talong field trials. Said parties then
Agreement (MOA) to pursue a collaborative research challenged the CA’s ruling, claiming that it had no
and development project on any plants that are resistant legal basis.
to foot and shoot water. So, there was first an isolated
test which was completed sometime in 2009 and there The CA said that there is no scientific study to guarantee the
was a certificate of completion which certified that it safety of the health of the people and the environment
was ready for fieldtesting. if these Bt talong experiments were to continue. The
CA stated that in caw of doubt, it must be resolved in
The Bureau of Plant Industry issued various permits to these favor of the people’s health.
entities, and after the testing of the Bt talong
commenced on various dates by various persons, other UPLBFI, ISAAA and UP Mindanao Foundation contested this
entities such as Greenpeace and MASIPAG filed a decision, arguing that they were deprived of due
petition for writ of kalikasan and writ of continuing process – that they were deprived of the
mandamus with prayer for the issuance of a Temporary experimentation, the liberty of scientists to experiment.
Environmental Protection Order (TEPO) before the They claim that they were deprived of their rights as
Supreme Court. They wanted to stop the field tests. scientists without due process of law.
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The Supreme Court modified the decision of the CA and Ella Cobol
permanently enjoined the field testing until it can be
proven that the experimentation is not harmful or Speaker: *0:000:07 inaudible* We cannot just *inaudible
dangerous. The Court said that the totality of the word* condemn the person, without the process of law, by the
evidence and research are inconclusive with regard to mere invocation or exercise of police power. And now we go to
proving that the field test were not harmful. The facts another *inaudible* of our state – police power, taxation – we go
were insufficient. to the power of *technical term*. What is the relationship of due
process and *technical term*?
On the application of the precautionary principle. The
precautionary principle originated in Germany in the So, under Section 9, Article 3: Private property shall not be taken
1960s, expressing the normative idea that governments for public use without just compensation. This is the concept of
are obligated to "foresee and forestall" harm to the taking of private property by the State. The taking of a property
environment. In the following decades, the undergoes a specific procedure, that is why it is also … it is also
precautionary principle has served as the normative invoked under Section 1 of the process, where no person should
guideline for policymaking by many national be denied of livelihood or property without due process of law.
governments. Principle 15 codified for the first time at So not only is your property *inaudible* suppose to follow the
the global level the precautionary approach, which process, must also be paid with just compensation under Section
indicates that lack of scientific certainty is no reason to 9. Before your property can be taken, therefore, there has to be a
postpone action to avoid potentially serious or proper proceeding, *inaudible* pursuant to that *inaudible* just
irreversible harm to the environment. It has been compensation.
incorporated in various international legal
instruments. So what is *technical term* domain?
This principle shifts the burden of proving that the Taking of a private property must always be for a public purpose.
experimentation will not be harmful to those who wish The first essential requirement or the valid exercise *technical
to perform the experiment. They must prove that its term* is for the expropriator, which is the *technical term* and
effects will not harm the environment or the health of its agents, to prove that this expropriation is for a public use. And
the people. then the *inaudible* can never be invoked to get a private
property for a private purpose, that would be stealing.
Expropriation is the procedure, in the exercise of *inaudible* that
proceeding *inaudible* so that’s a distinction. When we talk
about power, you say event domain, we talked about the
procedure, is expropriation. So this expropriation, hence/ends,
with an order or/of condemnation, declaring that the *inaudible*
plaintiff had a lawful right to take the property sought to be
condemned, or *inaudible 2:4546*, upon the payment of just
compensation. So, number 1, there must be a showing that taking
of property must be for a public purpose. The second step is the
payment of just compensation – a vital requisite or a vital **.
What is just compensation?
November 28, 2017
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It is the full and fair equivalent of the property taken from its concerned to the determination of the authority of the plaintiff,
owner by the expropriator. The gauge for computation is not the State, to exercise their power to claim. So, not only does
gain of the owner, or of the state – the taker, but the loss of the *inaudible* for public use, they also have to prove that national
owner. So for payment to be considered as just, it must be real, authority to exercise that power. This first stage, the
substantial, full, and ample, and also, the payment must be determination of the authority, determination of the property to
made on time – within a reasonable time from the taking of the be taken for public use, hence/ends to that order for dismissal,
property; otherwise, the property owner would suffer more order of *inaudible* declaring that plaintiff *inaudible*. So
losses, hindi niya maenjoy ang property *inaudible*, that would pursuant to the proceedings, *inaudible* that you’re taking the
already being made to suffer the consequences from this public purpose, second phase is the determination of the
pursuant to the same exercise on *inaudible* which said it has to *inaudible*by not more than a commission to this proceeding.
Now, there is a suit pursuant to that, now as the state no, kaso, completion of the two stages, until the expropriation is set to
can you invoke as a State you’re State immunity from suit? Can have been completed. And it is not considered completed until
proceedings where the owner of the property wants to seek(?) in
from the state the just compensation, the court said that no. The We go to the assigned cases here. *Name* vs the Republic.
doctrine of immunity from suit cannot serve as an instrument for Remember the first *inaudible*, it has to be for a public purpose.
perpetrating injustice. Also, when the, it is the state that usually What happens when that public purpose seizes. So here, *title* in
owner with just compensation, you also cannot associate, you Cebu City, so *inaudible* it has to purchase to the properties
also cannot invoke *inaudible* because of the earlier there from the property owners. Now the land owners, ni
*inaudible*. Remember the Office of the Solicitor General respective lands if the *inaudible* airport expansion project
versus Ayala, the taking of the, requiring these malls to give their would not be assumed, or if the ** airport closes its operation or
State, the agents can impose the regulation, there has to be their right to purchase. And so eventually, the State here, filed an
payment of just compensation, otherwise di na sya pwede exact expropriation proceeding to get the property, and in view of the
use. owners no longer appealed the decision of *inaudible* that they
would have this right to repurchase the property in case the
learned earlier, there are two stages. The first stage is the *inaudible* Lahog airport completely seized operations because
lots. One, to reserve one, one portion for the road widening in C5 50 talks about small person or land used by the subdivision as a
___ project. So, parcel of land was set aside there, when the C5 road pwede mu pass dira ang mga sakyanan na ginagmay, but
______ only a portion of the land ____ was utilized 396. So the here what is being talk about which Ortigas wants to sell is a
remaining portion katong wala na _____________ maong highway through its property. So the Supreme Court said you
ginatawag na unutilized portion. A portion of this unutilized cannot invoke this provision because it is not applicable. So
portion was sought to be sold by Ortigas to the state, so it filed when the state exercises its power of eminent domain, again,
with the RTC petition to authority to sell to the government this public purpose and just compensation ang kailangan, but the
certain parcel of land. _______ So baliktad, wala ang state, dili court here still narrated the five elements. There must be a retreat
ang state ang nag institute ug appropriation proceedings but it is in the private property. ______ or siguro transfer of the title from
the owner of the property asking the state to authorized to the owner to the public or siguro naa na juy encumbrance or
purchase this. It was able; Ortigas was able to establish the facts _____ na dili na nimo magamit or siguro naa nay wires na nag
and eventually the RTC authorized the _____ of the property to traverse dira sa NPC noh even if naa siya sa taas mahadlok na
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reversed, the, it declared as null and void the computation made facts xxx and the Court said that is not the proper procedure for
by the BIR. Kinsa man nagcompute ato because wala natagaan you to inform this entity na naa siya’y tax deficiency, wala siya’y
ug due process ang entity here. Why? Because it was not tax payments. Because the legal and factual bases of the
quantified na naa na gyud siya’y FAN, this Formal Assessment assessment must be stated in the formal letter of demand and
Notice. Had they informed na iassess diay siya nakaproduce unta assessment of this, it can be pursued dili pwede ning gihimo diri
siya ug documents ngano majustify niya ngano naa siya’y mga na gitagaan lang siya ug advice sa tax deficiency. How would
tax delinquency etc. Makita niya sa BIR nga dili, wala man gyud you be informed, how would you defend yourself if wala ka
ko’y delinquency because nara akong records etc. He could have kabalo unsa’y basis ngano deficient naman ka. So bago diri due
done that had it been notified of the time in the first place, process nagapangibabaw because the entity which was assessed
however because wala siya (inaudible) wala siya nanotify naa also not been given due processs and was not notified. So again,
diay siya ing ani, wala niya najustify. So, anyway, the CTA the three powers of the State however powerful, they are
declared the corporation was denied due process, void ang circumscribed or limited by the provisions of the Constitution,
assessment. Now, the Commissioner questions the (inaudible) of particularly the Bill of Rights.
CTA ngano ginullify man nimo ni akuang, ngano ginullify the, Now we go to the concept of equal protection. This is the second
rather the BIR questions the CTA ngano ginullify ang ilahang protection provided from Section 1 Article 3, the first being due
assessment. The Court said here that tama ang gihimo sa CTA. process karon we go to equal protection. The provision states that
Why? Because there is violation of due process. In fact, the Court no person shall be deprived of life, liberty, or property without
pointed out here that the Commissioner was aware of the new due process of law, nor shall any person be denied the equal
address of this corporation and yet it decided to send the FAN to protection of the laws. When we say equal protection, it pertains
the old address of this corporation. And since there was no valid to the requirement that laws (inaudible) all persons or (inaudible)
notice sent to the corporation, its subsequent assessments are similarly situated alike, both as to similarities conformed and
considered null and void. So take note, there is a violation again liabilities imposed. The law however does not demand absolute
of your constitutional rights here by due process, ang effect nya equality but it usually requires that all persons must be treated
is to nullify whatever the proceedings, effects etc. in that forum. alike under like circumstances and conditions. Now, definitely,
Now, take note of that, even if, as we learn in 3 Year in Tax, rd
when we talk about equal protection mugawas jud ang issue on
taxes are the life blood of the government. Kung wala tay tax classification because ginaingon man diri sa balaod that it does
wala tay pambayad sa gobyerno, wala tay pang build sa atung not demand absolute equality because you can (inaudible)
mga kalsada, wala tay pambayad sa pulis etc. So this is the life of specific class as long as it takes the requirements of the
the government without it, it cannot run. However in spite of its mandatory classification. What is a good example of an invalid,
(inaudible) the power to tax has its limits, among others the of a measure that violates the equal protection clause? For
rights of individuals to due process. Even if we concede to the example if there is a, a requirement before the city that before we
inevitability and dispensability of taxation it is required that it can, if you are chinese, siguro mag (inaudible) diha, before you
should be exercised reasonably in accordance with the prescribed can do business here you have to secure a permit (inaudible) it
procedure. With also power to tax by the State it can be stopped can be attacked on the ground that it violates equal protection.
if the tax fare demonstrate that the law is not there to serve. Unsa ma’y difference nako with other individuals etc. That is
Among others the Bill of Rights under the Constitution. based on an old case. Equal protection, however, is not violated
if there is a valid classification. For example, criminals are
In another case, CIR vs United Salvage GR 197515, when you treated differently from civilians, from us. But dili ta maltreated.
are, giassess ka by the BIR sa imong tax delinquency, ibutang So depende sa mga pulis. So kita, dili. So even if there is a
dapat didto ang imohang facts and the law upon which the difference, (inaudible) they are treated differently because they
assessment is based. But in this case, what was given to the entity have a class of their own. So mao nang issue equal protection
was a mere advice on tax deficiency, wala dun nakabutang ang because they, law applies to their specific class. Now, as we said
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earlier when we talk about equal protection, we also grapple the transgression in equal protection clause. What is, unsa ma’y
concept of invalid classification because this measure is difference nimo kung corrupt ka under GMA and corrupt ka sa
necessarily applied only to a specific class. So ang idetermine lahi na administration? You’re both corrupt, so, violative of equal
karon kung valid ba ang classification, how do we determine if protection clause.
that classification is valid for a certain measure. First, it must rest
on a substantial distinction. Naa ba’y distinction for classifying Now, itong provisions in the Constitution as enumerated in the
these certain individuals, classifying these people, 65 years old syllabus on equality. We first go to this economic equality.
from younger generation. For example, there is a measure na dili Section 14 of Article 2, remember Article 2 (inaudible), but still,
na ni sila pwede mudagan for elections, naa ba’y valid “The State recognizes the role of women in nation building, and
classification there, is there a substantial disctinction between shall ensure the fundamental equality before the law of women
them? Mao na ang first question. Number 2, the classification and men.” So because of this provision, dapat daw equal ang men
must be germane for the purposes of law. Dapat naa’y reason and women, so far as treatment and opportunities are concerned.
ngano giclassify (inaudible) first place, the classification must be So take note that at this time naa pa jud diay kaning (inaudible)
relevant to the purpose. Classification must also not be limited to sa resolution, there was a recognition na dili fair ang sa men and
existing conditions only, they must apply indefinitely. And women. Now pursuant to this, we have the case of PT&T v
finally, the measure, the classification also must apply equally to NLRC a 1997 case where an employer, PT&T, terminated the
all members of the same class. If the law, per measure passes the services of a woman na hired diri, trabaho ug PT&T, because naa
test, then dili na siya maquestion for being violative of the equal sila’y prohibition na kung babae ka and you marry, you cannot
protection. If any of the requirements is missing then that is a work in the company anymore. That was the, that was challenged
violation. Therefore, that can be struck down as being by the woman who was fired here because it violated daw the
unconstitutional. For example here, an old case, an ordinance in equal protection clause. The Court said that YES, this policy is
Manila requiring every alien desiring to obtain employment to unconstitutional, it discriminates women workers under the
get a work permit fee from the mayor. Is that ordinance allowed? Constitution. However in another case, the Court upheld the
The Court said that no, that ordinance violates equal protection. policy na bawal ka magmarry ug employee from another entity if
Wala’y valid substantial defenses among aliens required to pay competition ninyo, because that would open up the gates for
the fee. Unsa diay, mas hawod pa sila sa atoa? Whatever. Ngano exchange of, pwede ka maging insider etc. So, in that case the
kailangan pa man sila permittionan. Sila ang masdali mahire Court validated, allowed (inaudible). Here, it was a general
bantog kailangan maglisod sila before sila mahire? So the Court policy of the employer na bawal ang babae magmarry otherwise,
said there is no substantial distinction, base them in a different she would be fired, the Court said (inaudible).
class. Another example where the equal protection clause was
violated is the case of Biraogo (Biraogo v Phil Truth), kilala Another provision on economic equality is this free access to
niyo si Biraogo? Assigned in your syllabus, vs Philippine Truth courts. Under Article 3 Section 11 “Free access to courts and
Commission, why is that? This Philippine Truth Commission quasijudicial bodies and adequate legal assistance shall not be
was issued by President Noynoy under EO #1, the task daw is to denied to any person by reason of poverty.” Where is the equal
investigate reforms of graft and corruption. However, nakabutang protection here? Just because you are poor does not mean you
pud sa issuance na very specific na itarget ang administration of should be deprived of appropriate legal services. So we have
GMA. So that measure was questioned, as it violates equal provisions in the Rules of Court allowing paupers to, indigents
protection, nganong isingle out man mi from the rest of the rather, to litigate as indigent, unsa man na indigent indeejent,
government employees who are all corrupt. So the Court said that whatever. So under the 1997 Rules of Procedure, naa na’y
YES, that violates equal protection. While the purpose of the provision allowing these kinds of parties to authorize the, to
Truth Commission falls within the investigative power of the litigate as indigents. And if you are considered, naa ma’y
President, it is unconstitutional because of its apparent
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separate proceeding to determine if you are indigent, naa ka’y concept. To give more to those who have less in life, give them,
exemptions from payment of fees or copy sa mga documents etc., give (inaudible) and more. Congress shall give the highest
so that is one way the Supreme Court is applying this economic priority to enactment of measures that protect and enhance the
equality. Tagaan ug chance ning mga less fortunate to (inaudible) right of all people to human dignity, reduce social, economic, and
with their kalaban in court. And in that case the Court even political inequalities etc. by equitably diffusing wealth and
applied that rule retroactively because justice (inaudible). What political power for the common good. What else, the conclusion
else, we have the provision under Artice 8 Section 5, “Power of of social justice shall be included (inaudible) economic
the Supreme Court to promulgate rules concerning the protection opportunities based on freedom (inaudible) and selfreliance. So
and enforcement of Constitutional rights among others, the rules what are the commands of the State here, creation of more
for legal assistance to the underprivileged.” So the Supreme economic opportunities and more wealth and also those
Court can issue under Constitution, rules to give assistance to regulation and acquisition of (inaudible) disposition of property
those who are not so welloff. Another provision on economic for the more impeccable distribution of wealth and political
equality is the, under Article 12 Section 2 on marine resources power. So, because of these provisions, naa ta’y laws na naga,
“The State shall protect the nation’s marine wealth in its more or less, nagauplift sa mga destitute or mga
archipelagic waters, territorial sea, and exclusive economic zone, underprivileged. For example, the Social Security Law, tagaan ka
and reserve its use and enjoyment exclusively to Filipino ug pension if qualified ka, at least naa ka’y madawat na
citizens.” What else, economic equality, giexclude ba diri ang, something that will alleviate you. Another provision is protection
when we talk about economic equality, ang mga foreigners from to labor in Section 3 of Article 13, just read that. Also in... social
engaging in business in this country? Take note that in Section 10 justice pala ginadiscuus na case. Now, we go to the cases
of Article 12, the Filipino First Policy, wala. The Court said that assigned. Dumlao v Comelec, involving BP 52. Two provisions
in that case, this is not to bar these foreigners from investing or are being challenged here for being unconstitutional. Now,
doing business here, it’s just that when there is a qualified Dumlao is a former governor of Nueva Vizcaya, and he is
Filipino, we prefer this qualified Filipino. Anyway, under Section probably mga 100 years old, he is under BP 52, naa na’y
10, the concept of nationalization, Section 10 of Article 12 the disqualification, special disqualification to any retired elective
Congress shall, when the national interest dictates, reserve to provincial city municipal official in 65 years of age etc. where he
citizens of the Philippines or to corporations or associations, at ceased to be elected, he shall not be qualified anymore to run for
least 60% of those (inaudible) owned by such citizens in certain the same elective office. So now Dumlao, who is beyond the
areas (inaudible) bantog naa ta’y laws na naga limit aning certain threshold, is questioning the validity of the provision because
industries before we can invest xxx Filipino owned corporation, according to him it validates equal protection. What is the
meaning at least 60% of your outstanding stock, voting pa gyud difference between me, a 65+ old individual from that of an 18
na siya plus ang imong right there is not only you have the right year old individual? Naa ba’y special distinction according to
to dispose whatever, we’ll discuss that. It should be owned by him, so because for him there is no special distinction it validates
Filipinos. Also, in this provision, we are again reminded of the equal protection. Another provision in this BP being questioned
Filipino First Policy but only in so far as rights, privileges and is this provision that at the time, if it is discovered by the
concessions covering national (inaudible) not on all (inaudible). Commission of Elections, at the time of your filing of your COC
Remember the case of WTO na giliberalize ang entry sa that you had been, naa ka’y pending case, naa’y filing of charges,
foreigners , the Courts said that that is not violative of this dili pa siya case before the Court, filing palang siya of a case for
provision in the Constitution because not every aspect of preliminary investigation, you are already disqualified from
investment is proscribed. running for office. So those two provisions were questioned. The
Court said the first provision being challenged, the 65 year old
What else, we have provisions on social justice. Article 13 meaning retired 65 year old being disqualified to run for public
Sections 1 to 2, unsa ning social justice? It’s a very broad office, the same office, the Court said that provision is valid
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because there is a valid distinction between you and your appointive officer, giappoint ka to your position, naa daw ka’y
younger counterparts. It does not validate equal protection. For power, probably use your office for your gain, to gain a leverage
purposes of public service, employees 65 years of age have been in the elections. Now, is there a violation of equal protection here
validly classified differently from younger employees. because of this distinction? The Court said that NO. Why?
Employees, katong mga 65 year old, are subject to compulsory Because there is a valid classification between the two classes.
retirement. And those of younger ages are not so compulsorily When we talk about appointive officials, naa’y difference from
retireable, also this will promote younger blood in our political elective officials. What are the substantial distinctions between
elective offices. What about the provision that the filing of them? Elective officials occupy their office by virtue of the
charges for the commission of a crime before the Civil Court of mandate of the electorate. Giboto ka to your position. On the
Electoral Tribunal shall be prima facie evidence of such fact. other hand, if you are an appointive official, wala ka giboto,
Now the Court said that this provision is unconstitutional not giappoint ka dira by your appointing authority based on your
because it violates equal protection but because it violates qualifications. What else? Appointed officials as officers and
another protection under the Bill of Rights, and that is your employees of the civil service are still being prohibited from
presumption of innocence. Dapat, there should be a prior engaging in a partisan political activity except to vote. On the
determination, in all criminal prosecutions, the accused shall be other hand, elected officials are not prohibited because that’s
presumed innocent until the contrary is proven and shall enjoy what they do. They have to engage in partisan political activity.
the right to be heard etc. The provision here contravenes the And therefore, (inaudible) so that’s another distinction between
presumption of innocence because you are already disqualified them. And the Court said that it is not it’s job to determine the
on charge, on the fact of the charges have been filed against him. wisdom of the dichotomy between these two classes. What it
So you are already condemned as guilty before you can even be does is to determine if tama ba ang classification that Congress
heard. So, mura na kag guilty under the eyes of the COMELEC decided to differentiate them give them (inaudible) treatment that
(inaudible) the Court said that it cannot be done, so that provision is already, that concerns the wisdom of the law which is beyond
is unconstitutional. the power of the Supreme Court. So the Court said that there is a
material distinction between these two classes. Therefore, the
Now, Quinto v COMELEC, take note we have two assigned eminent, sorry, equal protection clause is not violated.
cases the 2009 case and the later case. In the first case, the 2009
case, the xxx here was the provision of the law among others RA Now we go to the case of Ang Ladlad v COMELEC where a
9369. What was the effect of this provision. Ang effect is that if group, this Ang Ladlad LGBT Party, wanted to run, join as a
you are an appointive public officer, and you file your COC to political party so that it would have a voice in Congress. So here,
run for public office, you are deemed resigned from your office. nagfile sila sa ilahang registration as a party list before the
Whereas kung ikaw elective official ka and then you file your COMELEC. The COMELEC however dismissed the petition of
COC to run for public office, you are not deemed resigned. So Ang Ladlad on moral grounds stating among others there is this
gichallenge ni karon sa mga appointive officials of the group, tolerates immorality which offends religious beliefs,
government. Why is there a distinction between us, appointive advocates sexual immorality, collides with the provisions of the
officials from elective officials? The Court in this case held that Civil Code because they can be classified as nuisance daw sila
that provision is unconstitutional because there is no valid because they are, they may be considered as an establishment
classification. However, in the 2010 case of the same title, the which shocks, defies or disregards decency or morality. Also,
Court reversed its own ruling and held that this provision is not they would expose the youth to an environment that does not
unconstitutional. What was the intent of the law, ngano gibutang conform with the teachings of the faith blahblahblah also quoting
to siya na provision? It was to impose a strict limitation of the the Bible and the Koran to justify its dismissal of the petition of
participation of civil service officers, mga appointive officers to Ang Ladlad. Now, the case went to the Supreme Court. Among
elective office. The Court found out here that if you are an others, Ang Ladlad argued the denial of its accreditation using a
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religious dogma violates its constitutional rights among others, allowed to attend sessions in Senate contending that he is already
concepts rather, in the constitution of separation of church and a class of his own. He is a Senator, therefore he should be
the State, also violation of equal protection of the law. In support allowed, lahi siya, he’s different from all the detainess tung mga
to the petition, the SolicitorGeneral agreed that the COMELEC nadakpan, rape or whatever, he is different from them because he
erred in denying its application for registration among others. is a Senator therefore he should be given another treatment. In
The Court said here that COMELEC was wrong in dismissing the same way, he is also arguing na naviolate daw iyang
the petition for registration of Ang Ladlad or katong grounds na arraignment. Take note of how his argument is contradicting.
gigamit niya. Why is it wrong? First of all, COMELEC also ruled Anyway, the Court denied the prayer of Trillanes to be allowed
that wala sa Partylist Act and classification sa Ang Ladlad, wala to attend the session in the Senate because there is no distinction
daw siya didto sa mga sectors enumerated allowed by the law. between you and other detention prisoners. Just because you won
The Court said that the law does not enumerate exclusively kung in the elections doesn’t mean you are a class of your own. Si
kinsa ang makaparticipate, the distinct there is not exclusive. Jalosjos gani, rapist, he was not allowed. And the Court said,
Number 2, religion cannot be used as a basis for the refusal to even if wala pa ka naconvict, you are still in detention prisoner,
accept this petition for registration. Government (inaudible) you cannot be allowed to participate in the proceedings before
including its crucifixion of morality as expressed in criminal law the office where you were elected just because you won the
must have a secular purpose. What about public morals as a election, there has to be another ground.
ground? The Court said that is also wrong because the
resolutions of the COMELEC here have not identified a specific Now in Biraogo v Philippine Commission we discussed this
overt immoral act performed by Ang Ladlad. There should have case earlier, we bring up again EO #1 issued by the President
been a finding by the COMELEC that the groups members have forming the Truth Commission in order to investigate the corrupt
committed or are committing immoral acts. Moral disapproval acts of government officials. But in the guise of this issuance, na
which was done by the COMELEC here without more is not a mag investigate daw, limited diay siya to officials who are under
sufficient governmental interest to justify exclusion, the the administration of former President Gloria MacapagalArroyo.
exclusion of homosexuals from participation in the Partylist Therefore, gichallenge siya for being violative of equal
System. The denial of the registration could be immoral grounds protection clause and that challenge was held. The issue was
amongst the moral statement of dislike and disapproval rather determined in favor of those challenging the validity of this
than a tool to further any substantial public interest. Now is there issuance, it violates the constitutional safeguard of equal
a violation of equal protection here? The Court said that no, protection. It is contended that it does not equally apply to all
because in the laws, the LGBT would be treated in the same way, members of the same class because it singles out the officials
if the law is invalid, there is no need to discuss the equal from the previous administration as its sole object making this
protection in this case. In any case, the Court also said the LGBT commission a venture in partisan hostility. And the Court said
are, it did not say the LGBT are a class of their own. Wala gi, that you are correct. What is the purpose ngano naa ning equal
wala gicategorically say sa Supreme Court that they are a protection? It is there, it requires the State to govern impartially,
different class. it may not draw distinctions between individuals solely on
differences that are irrelevant to a legitimate governmental
Now we proceed with the other cases. Before we get to Biraogo v objective. So here, dapat kung gusto ka magpenalize or regulate
Philippine Commission, naa pa’y mga cases involving equal sa isa ka class, you have to justify that regulation the fact na valid
protection that should be pointed out as well. Trillanes v imong classification in the first place. Now, is this clause limited
Pimentel, here Trillanes, naa pa ni’y pending case xxx before the to acts by the legislature, is it limited to the passage of laws that
Trial Court at the time because in detention he won a seat in the do not violate equal protection? The Court said that NO. It is
Senate. So because nakadaog siya he asked the Court to be aimed at all official State actions and not just that of the
legislature. Bantog naapil diri ang issuance ni President. The
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inhibition covers all departments of the governments including
the political executive departments. Take note that in order to Is it unconstitutional on that ground? The court said that No the
pass the test, the classification tong giingon sa Supreme Court purpose of the law is optimize there are degenerating capability
diri, rest of substantial distinction, germane to the purpose of the of the BIR and the BOC. So this was the goal para sa atoang
law, not limited to existing conditions and applies equally to all recollection, now the court have noted here, that there is a
members of the same class. If there is a missing element, then distinction between BIR and BOC employees with other with the
that classification becomes invalid. The Court emphasized that other public officers who are in the government…
the Arroyo administration is not a member of a class and that is a
class of past administrations. So dapat this commission should Reporting mainly of the functions of the BIR and BOC here and
focus not only on the Arroyo administration but on the class of concluded na lahi ang ibatibang functions or distinctions to
all administrations. The Arroyo administration cannot be generate revenue unlike other government officers and
considered as a class of its own, unsa ma’y difference niya from employees, so that is why because of this substantial distinction
the previous administrations. So that is why the Court struck they can be covered by this law differently even if ang uban nga
down that EO as unconstitutional. government officials are in covered. So there is a justiable
justification in as far as the end of service.
Now in Manotoc vs Quezon partly here we have here parcel of
December 7, 2017 land, claimed by the ah heirs in na ilaha daw because it has been
Doreen Labrador ah sold to them with the previous owner, it is the farm land and
then in the earlier case (inaudible) ang ng MR ani nga case. In
(Note: red = not sure) the first case it was decided noh that not one of the parties here
regarding party own the property but it belong to the government
though by the supreme court to be unconstitutional because it approval of the Secretary of Agriculture and Commerce because
exclusive satellite station they deem that and the other officials of same here the Manotocs, na aside from that issue no, they never
the other administration so violative. also show a fortunate transfer property now took the court in the
earlier days decided that ah, na kung wala kay evidence, nga true
Now in the thing vs eves
(not sure with this case title) remember evidence na valid ang pagtransfer sa inyoha under the existing
this ahm law RA 9335 which been filed of BOC and other laws then walay himuon ani it should be owned by the
of customs and access. If they failed to meet their quota application of RA9443 this Act Confirming and Declaring
requirements under the law there is a certain board or committee Validity of Existing Land’s TCT’s and Constituted certificates of
that is in power to investigate and after due process will remove title over covering the Balingad frier land estate situated in the 1st
them, Now on the challenges against the validity of this law is district of the City of Cebu they want this ahm applied to them
distinction between us and other government officials, because of apply to all, its continuant operation must be interpreted in the
that there is no valid justification, therefore the equal protection (inaudible) equal protection clause so dapat dili siya limited
laws is violated. ilang application no ah pwede siya iapply to them otherwise ah it
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would be violative to equal protection clause ngano naa may confirmed and declared as valid titles registered owners are
distinction with those covered by the law… what we have here is absolute owners thereof, nganong dili man sila covered ani?
a frier land.. now the court agreed here that this is a collateral another paragraph from this.
attack with the constitutionality of the law which is not allowed
dapat when you attack the constitutionality of the law it has to be Except if the case no the titles that is clearer evidence
direct attack no, the right petition holds supreme on the certificate… the .. ah apply the 2 paragraphs. The 1 st paragraph
constitution, that’s one of the defect pointed out, but the courts walay copy of the duly executed certificates of sale on file with
said more importantly that the provisions of the law here cannot the DENR Regional office kay the absence of this existing
be applied to the present case. This the resolution na ha of the certificate of title nga wala pa juy pirma which is ah on file with
MR, the court said it can’t be applied RA9443 because dli siya DENR or the CENRO there is nothing to confirm so the fact is
mag apply to cure the lack of signature from the Director of wala na dili na gyud ma produce sa Manotoc because wala pa
Lands and approval of the Secretary of Agriculture and Natural nila na pa register because their title was invalidly kay wala pa
Resources kaning duha ka requirements no it was required in the jud perma na required so definitely wala jud ni bili sa CENRO so
previous law nga pag mag transfer ka ug frier land dapat naa ning kadto, in the 1st place dili jud siya ma confirm because dili siya
inani na either mgtransfer ka send to specific party , dapat naa allowed into the law and the 2nd is that if in case no in a case
ning mga inani nga signatures. Now in the previous case it was there is a clear evidence a certificate of title or constitutional
found out nga wala ni sila so bantog ra ni klaro kung kinsa gyud certificate is obtained in fraud remember in the .. Bautista.. this is
nag transfer ug property that is why it now belong to the state. one of the issues.. title was a fraud, acquired fraudulently and the
Now we want this law to be applied to cure this defect. court said that ah paragraph also applies here that still an issue as
Otherwise kung dili sad ni ma apply again it violates equal to validity from the transfer of title cause to issue as fraud, so that
protection. To consent it will not apply into this case because the is why we cannot apply this .. we cannot say that non application
equal protection clause will not be ah it will not invalidate an act of this code would violate equal protection precisely because dili
or a law if there is this substantial valid classification. mn mo covered in the first place okey. So that’s .. bereaved
entities
Now the equal protection clause is against a due fever (not sure
again with the word “fever”) and individual or class privilege, Now we go to Garcia vs Bunag here we have a question no, the
privilege you already know that no, hostives discrimination, Constitutionality of RA 9262 otherwise the VAWC, anti VAWC
question or inequality, it is not intended however to prohibit law, why is that? Here the husband ah purportedly accused his
legislation which is limited in the object to which it is directed or wife, and so the wife filed a petition before the trial court plus an
by territory to within which it is to operate no, it requires issuance of a TPO no ah filan niya ug VAWC, anti VAWC case
however that all persons be treated alike if they are under like iyang asawa because she claims to have been victimized by this
circumstances and conditions. That is the exception no to the person, the victim was got abused emotional, psychological,
equal protection clause, dili na siya necessary absolutely quality economic violence etc, now because of this the trial court believe
but only it only applies to those similarly situated. Now the court the wife and found out that she’s in real danger of violence
said here you Manotocs you are not similarly situated in the other against the ..by the husband so they issued TPO etc. Now karon
individuals who are claiming benefit of this law because there is not agreeing the ruling of the trial court, the husband went to the
a defect in your title no, why? under the law RA9443 ma confirm Court of Appeals no to challenge the order or to reverse the order
or ma declare no ang validity sa imohang title sa imoha as long of the trial Court. The CA now dismissed the petition ah has
as no if all existing transfer TCT’s under constituted certificates other grounds, one of the grounds raised by the husband here is
duly issued by the representatives, if the copies of the duly that RA9262 VAWC law, anti VAWC law discriminates against
executed sales certificates and assignment of sales certificate as men therefore it violates equal protection. Nganong naay
the TCT now on file with the CENRO so new TCT’s are hereby
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different treatment, why is the law so strict no against men violation to the protection was classification of women from men
favorable to women, so why where is the equal protection clause. is a valid classification.
The court said here that the law is not unconstitutional, kung Aquino vs the Philippine Ports of .. involving the ah rampant
kinsa man daw ang .. legislature so far the law here is concern that is the rampant (inaudible) of some of the employees here ah
cannot be concluded upon the Supreme Court, that is beyond the higher no on a certain year.
scope of judicial review.
Mahusay? What happen
What was the reason of the law? Limit ah ah the court cannot be MAHUSAY: So this case is, so this case sir has something to
termined e limit lng sa mga Congressman ang protection of this do with Republic Act #6758 otherwise named the Salary
law against violence and abuse to women and children. Standardization Law, so ah before the pursuant to LOI a ..
erratum circular num 5787 dated 1987 which granted each
Now we go to the concept of equal protection if, again equal officials holding managerial and supervisory positions
protection of the law is again is not an absolute valitive quality or Representation and Transportation Allowance (RATA)
application of laws upon all citizens of the state, when we have a equivalent to %40 of their basic salary so this was .. for ah the
law let say valid application to specific class due to the valid petitioners .. thereafter .. issued a memorandum circular which
classification is not violative to equal protection clause that extended the RATA and insertion to Chiefs or heads of the
would already probative. equivalent units, terminal supervisor and senior personnel on the
rate of %20 of their basic salary so this was perpetuary form.
Now in order to validate that classification there are requirements
that there must stress station, we learn before no which shall SIR: So but before the validity of this law naa nay entitlement
limited to conditions etc, now here the court said that ang uban ah government employee dri kay kung rank up ni siya
classification between men and women rests on substantial so nay distribution allowance, additional benefit given to them no
distinction. Why? What are the reasons? Ah statement should %40 from basic salary it’s a substantial amount, but then
take part there is equal power distinction to men and women, is RA6758 was fast what did it do?
that true? Mas kusgan daw ang men nga ah over women among
others physically. MAHUSAY: So in add sir this RA6758 ah gives the higher
allowance, higher RATA, yes higher RATA %40 of their gross
Number 2 women are the usual and most likely victims of rate to public officials who are involvements as to a certain date.
violence no. Is that true? Then again the usual and most likely. Ah so the Commission on Audit or the COA corporate calling to
So that’s one of the reason subs hit the decision rests ah the arrive to disallow audit the grant of RATA to PTA Section
classification rests on substantial distinction, another is that Chiefs or Heads equivalent units, terminal Supervisors and
classification rests also remaining for in terms of law the Senior Personnel occupying position which salary grade at 17
distinction between men and women here is domain to the terms and above who were appointed after the affectivity of RA6758.
of the lavine address violence against women and children, also So the Supereme Court ruled in favor of the COA
this classification is unlimited to existing additions because it
will apply to all members no covered by this law. Lipat tayo to SIR: Why was it removed, why ngano kato man ang ruling sa
future contributions. COA? Nganong gi tanggalan man ug RATA tong mga
empleyado after the passage of the law? and the grant of benefits
So the court find out here that all the requirement with regarding from the previous instruction nawala na, because, what was the
classification are present, therefore you cannot say that any reckoning period nga nawala ang RATA for certain employees?
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MAHUSAY: As of July 1, 1989 MAHUSAY: So ah it is based on reasonable classification,
because it intends to protect the rights of the incumbents against
SIR: so the court ah under the law for you to be entitled to the the condemnation of payment benefits.
RATA under the previous letter of instruction the employee must
be #1 an incumbent no as of July 1, 1989. So dapat nag ka SIR: The purpose no the court went to discuss, what was the
employee na ka diba? and more importantly was receiving purpose of this law? It is to phase out certain allowances and
RATA provided under .. So meaning if you were higher after that privileges gradually without upsetting the principal of
no dili na ka maka receive ug benefits the RATA which was the condemnation campaign and therefore in this law no took it like
issue here, and so because of that nag reklamo tong mga, kinsa mao na iyahang goal , katong mga naga benefit aning ah RATA
nagreklamo? no dili na sila mka ah they continue to ah enjoy that benefit but
those after the effectivity they will not be enjoying the same
MAHUSAY: The ah other employees sir who alleged that they benefit and that is the purpose of the law, to eventually phase out
should also have ah those employees who have lesser RATA sir this benefit, still protecting katong mga incumbents prior to the
have ah challenged the validity of this RATA sir because they’re effectivity of the law, so there is now no. What is the differential
complaining that this law violates equal protection law. treatment here?
SIR: Those who question the validity, among others the COA MAHUSAY: Differential treatment, the different treatment
memorandum no as well as this law kani sila mga not incumbents according to the second sentence 1st paragraph section 12
as of July 1, 1989, katong wala na cover sa cutoff sa balaod kato RA6758 to the incumbent as of July 1, 1989 on one hand and
mga recent ah na .. of the law because according to them, we those employees had or have after the said date …. Lies in the
should be entitled to the RATA, why should there be a fact that the legislature intended to the phase out ..
distinction between us no based on this date, unsa may difference
sa amoa pareha ra mig trabaho, with the those who are enjoying SIR: So there is a different treatment in the Filipino between
the RATA prior to the effectivity of the law, so they’re claiming these two classes because in the first place katong first book no
of the equal protection law was violated because there is no the incumbents violative of the law they enjoy this benefits,
substantial distinction between them and the incumbents no as of katong mga second ah second class mao to silay state na fit, in
this specific date. So is the law here valid? the first settle there is reasonable classification between the two
because of this law because of this law which is to phase out this
MAHUSAY: Yes sir ah because the purpose of the law here sir is benefit without ahm lessening no the benefit enjoyed by those
ah so the equal protection clause does not created discrimination entitled employee, RATA prior .. is this valid classification? The
as it takes or that difference that it does not prohibit legislation court said Yes and that is also within the wisdom of congress ..
which is limited either in the option to which it is directed or by Thank you.
the territory ..
National Artist vs Executive Secretary here we have
SIR: So in this case why is not violated? conferment of the National Artist .. So what certain National
Artist by the proper authority this NCCA and the CCP board of
MAHUSAY: All that is required to a valid classification Trustees, these bodies decided to think of and jointly searched
National Artist award. The both have agreed 7 nominees no
SIR: What is the distinction between, what was the go to the ano considered ahm deliberation a shortlist ah and finally no naay
application ranking in the final list nay upat kabuok dire nga entitled award
supposedly, base on deliberation of the NCCA and CCP board of
trustees, now eventually so gihatag na ni siya nga kaning upat
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kabuok for the approval of the President conferment of the Now in Rabal Enterprises vs Professional Regulatory Board
award, however now also the President allegedly received or Real Estate Service BRP we have this RA9646 otherwise
nominations from where? Various sectors, cultural groups and known as the Real Estate Service Act of the Philippines to ah
individuals, so lack from NCCA and CCP endorsing the granting improve the quality of the real estate service here in the
of awards to those individuals nga not they were not included in Philippines with aids to regulate the chief of licensing,
the shortlist noh, and after that what did the president nag issue administration, supervision of real estate service practitioner,
siya ug proclamation declaring si Valde, ahm Lazaro Francisco siguro gi pasabot the proliferation of fly by night, real estate
Antuas etc. and those who are endorsed by these various sectors, agents nga walay license so this law strengthen the that industry,
cultural groups no si Guidote, Alvarez, Paras, Mañusca, and dapat iregulate ni siya because the real estate industry suppress
Moreno, so karon gi question karon sa NCCA as well as the CCP with public trust. Now this law among was challenge of course
nganong gi consider ni president, well in the first place under the several .. among others constitutionally inferred because it
law they are suppose to be the group that should scrape and they violates equal protection and legal protection clause. Why? Why
allowed ah na kung kinsa ang pilian and not through the they separate equal protection clause. Here the law mandates no
endorsement of some other unknown sectors, cultural sectors, that if you are a real estate developer and before you can sell
there are those ah who challenge also the conferment of the court your property you have to engage the services of the real estate
is this Professor Jimeno Abad naa daw siyay valid personal practitioner that sets under the law, on the other hand if a you are
substantial interest because he was among the 87 nominees for a an owner, once you already tap to develop the dignitary
the conferment of the award, wala siya na shortlist pero natingala developer and sends a commercial as defined in the law no, you
siya ngano katong wala na shortlist naka apil man sila, natagaan hold the property, you sell it, you did not engage the services of
man sila ug award, so that is why valid iyang question for the real estate practitioner, puwede pud ka mag usab, so karon
validity. The court said that there was unfair preference in this the real estate developer are making them, what is the difference
case, there was a special treatment accorded to Guidote, Alvarez, between us and these land owners nga gabaligya sa ilang sariling
Paras, Mañusca and Moreno because they were not in the first property when in the first place pareha man mi ug goal to sell a
place part of the shortlist, there is no legal and substantial property, therefore their search of substantial distinction between
distinction between them and this Abad to show the litigation of us violates equal protection no. Under the law it exempts from its
the validity from the deviation of the laws and guidelines coverage, meaning dili ah kailangan mag engage ug professionals
establish procedures to award these nondeserving awardees an kaning mga natural and dominical persons, dealing with their
exceptional position these justification last na jud almost at their own property and other persons such as receivers as these …
aim in the purpose of the law and it contradict the law of status bankruptcy proceedings but real estate developers in other hand
guideline etc.. while Abad here have entitlement to the order to are they have to comply with the law. The court said that this
the award, he should be given equal opportunity to vie for that provision does not violate equal protection clause, it went no to
honor. Therefore the court said there was grave abuse of the purpose of the law, which is to provide institutionalized
discretion here and a violation also of equal protection. It is the government support of the development reform highly respected
President’s duty to people to demonstrate the law and under the technically competent and visavis deed of sale provisions, the
law it is the NCCA and CCP kung kinsa lang ilang gi nominees bar noted here they are the same development center, na ga
to the conferment to the award dili ni puwede edisregard ni sa develop ba para gahimo ug .. ga baligya ug subdivision. This is
President because he is the one, she is the one who is suppose to the sector that requires or employs the largest number of voters
execute the law. Therefore maybe and she entertained gi nominee for its persons appraiser etc. and because of this , dili nimo no
siya ug unknow individual from unknown group and that is siya puwede ma compare sa land owner property na iyang
already arbitrary act violating equal protection, therefore it was ibaligya iya na, because of this there is therefore a substantial
made mere discretion although gina lipay siya sa supreme court. distinction between them. Substantial distinctions to exist
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between ordinary property owners accepted under the law and imoha tong pangalan then you do nothing just penalized the evil
real estate developers which are relevant to the purpose of the acts okey.
law professionalized the industry. And because there is
substantial distinction valid classification there is a violation of Now have the case of Samir Overseas vs Savides kani na lang
equal protection clause. na case no, very impotant not only then Constitutional law also
enabled. Why is it important because it aborts protection to
In Disingi vs Secretary of Justice this yields to the Cyber Crime OFW’s. Now under the migrant workers act, this the history no
Prevention Act of 2012 RA10175 now on the matter of equal asa ni gikan ning kasoha ni. Under the migrant workers act of
protection gi question diri ang provisions sa section 4 paragraph 1995 the section, section 10 of these law in cases when the
3 hasta paragraph 6 which combines on Cyber Squatting. What overseas employment is preterminated, ikaw OFW ka nag
does Cyber Squatting mean? That this is the acquisition of Cyber trabaho ka sa in this case sa Taiwan but then your contract is ah
domain name over the internet in bad faith to profit mislead and let’s say duha mo kabuok, Taiwan mong duha your contract is
deprive others on registering the same name no etc. for example good for 11 months and then your kauban is good for 1 year,
you are not Xander Ford but you create an account no under imoha 11 months iyaha 1 year, sabay mo ug trabahao pero pag
Xander Ford to ah to endorse no your business, I don’t know you abot didto gi terminate ang inyohang services after 1 month. Now
describe role model but you did not, you guys considered Cyber these provisions provides that in cases an overseas employment
Squatting but you use the identity of another to profit, mislead, is preterminated just valid or authorized affinity illegally
destroy its reputation and deprive others from registering the dismissed no by the employer, the OFW is entitled to among
same. It is similar, identical or confusing, is similar to the others his salaries for the unexpired portion of his employment
registering etc, identical in any ways similar with the name of the contract or for 3 months for every year of unexpired term
person under the same registry. Now what is the challenge here is whichever is less. Hala unsa daw to? Unsay difference? At first
that, these provisions is vague, what if your kalaban make a fake glance wala lang to pero when you study the provision it would
account of you no, kalaban mo sa law school kay daku pa siya ug provide na ikaw 11 months ka, gi terminate ka on the first month,
grado sa imoha eventually gusto nimo siraon iyang pangalan so you will be entitled, even you’re terminated you will be entitled
nag himo kag fake acct no, nay mga profanities whatever. to 10 months on a benefits under this law. You on the other hand
According to the laws challenging the .. of the law not only kung nga 1 year, you will only be entitled of 3 months because of if
kinsa man tong nag himo ug fake account, but also kadtong tao your salary is less than 1 year makuha nimo ang unexpired
na gigamit ang identity no, but being narrowly taylored it will portion or if your contract is for 1 year then 3 months lang for
cause the user using his real name to suffer the same fate as those every year of the unexpired term, so mao nay distinction between
who use in the sense to take the name of the other in .. or any the two of you kung 1 year or more imong contract makuha lang
other separate quest, for example, example just like we said nimo is 3 months, whereas less than 1 year ang imohang contrata
earlier, does it binding the equal protection clause .. why? you get more than 3 months. That is why in the 2000 case in
Because the law is being penalized by the law is not the just Serrano vs Gallant Maritime Services which was cited by the
because isave imong pangalan but it is the evil purpose for which Supreme Court the Samir Overseas, the Supreme Court declared
the ah user kadtong naghimo himo he uses the name that the law that provision to be unconstitutional because of there is no
condems. What is the to profit using the name in bad faith to substantial distinction between those 2 employees, pareha, pareha
profit, mislead, destroy the reputation just because pareha mog man mo ug rights na gi violate nganong kailangan man ug
account pero wala nila gi .. does not mean that you already distinction between the benefits na imong ma enjoy, so kadto,
penalized, so the law is reasonable to penalizing that person in a however gi pasar ni RA10022 which amended the Migrant
private domain name account in bad faith to profit, mislead, Workers Act, that act earlier katong provision gi declare na siya
destroy the reputation ..and you are not mitigated or you have the na unconstitutional so meaning wala kay distinction karon ah if
wla kay purpose you just do that because kay ikaw man jud to you’re terminated illegally you get to enjoy your salary for the
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unexpired term. Now because of these amendment to the Migrant Now in Barcone vs SSS, we have John Colcol here employee of
Workers Act gi balik ang provision it reenacted the very same a certain employer and enrolled to under employees
provision previously declared discriminatory and compensation programs, law provides for benefits among others,
unconstitutional in the case in the Serrano vs Gallant Maritime this is a social legislation law, unfortunately Colcol died due to
case. Can that be allowed? A specific provision already declared an accident, now because of John from at time of his death was
unconstitutional they can be revived by the subsequent childless and not married ang nabilin na lng sa iyahang claimants
legislation, the concept “No” we can’t do that because once the sa death benefits is iyahang biological mother and allegedly the
act is declared unconstitutional it cannot be declared valid by a solo parent .. she claims for the death benefits under the law
legislative enactment because you are violating again the RA626 at social security system, however the future benefits
constitution. Unfortunately in this case the Supreme Court after infront FTC’s but the employees compensation commission
the passage of RA10022 human gi question na to nga provision it rejected the claim of his biological mother because it was found
refuse to a recognize ruling in Serrano, luckily good thing ni out the she was no longer the parent of John Colcol, because he
gawas ni sa Samir Overseas case agency where the Chief Justices was gi kulata man siya, and he was already legally adopted by his
of the Supreme Court unanimously reverted to the Serrano ruling grandfather, and according to the ECC interpreting this provision
nga unconstitutional to siya nga provision, so in this case no ah si dapat daw ang beneficiary ani in so far as dependent parent are
Joy ni adto siyag Taiwan for a 1 year employment iyang contract, concerned are legitimate dependent parents, dili na katong, mao
she was fired, terminated after a month there and she filed Illegal na no gibiyaan siya etc. So dili na man siya legitimate parent due
Dismissal complaint which is eventually ruled in her favor no by to the adoption of John here by the Lolo then she cannot claim
the accolade of NLRC, but ang gi award sa iyaha when it issued that, ah the only beneficiary therefore can claim which is the lolo
by the Court of Appeals applying the provision of RA10022 kato which already is also dead. So now the case no at the Supreme
lang 3 months, now pag abot pa gyud ani sa Supreme Court kay Court questioning the interpretation of ECC of the term no
gi appeal man ni sa ni Samir no instead of Joy, sayang wala niya dependent parents. Is the interpretation of the ECC correct? Well
gi appeal 3 months lang unta iyang bayran, but now gi appeal the court said that ‘NO’ , the term dependent parent should be
man si Samir and the court they suffered that this provision na glued on parents whether legitimate or illegitimate and whether
revived na pud siya under this law this provision was previously by nature or by adoption because when the law does not
then declared unconstitutional and so the court again stand down distinguish, we should not distinguish. Wala man naka butang
this provision RA10022, and it stands now there is no more this 3 didto sa law nga legitimate ka, naka butang lang didto is
month limitation of benefit for your contract, you are to the dependent parent. For you to be certain on interpretation
unexpired portion of your contract if it’s found out you are OFW provided by the commission on law is clear and find it true. Now
and validly ah you are illegally terminated. Why does this the court also says it violates the equal protection clause in so far
provision declared unconstitutional by it’s equal protection as the parents of illegitimate children are concerned, because
clause? There is no distinction, substantial distinction between let’s say wala na ning case nga adoption, let’s say that you have a
these two classes of employees nga nilapas ug 1 year ang child no born out of meaning, that you have an illegitimate child
contrata kung kadtong less than 1 year ang contrata, because but you are living together, naa imong anak and wala najud ka
when they are both illegally terminated, the same rights are nangasawa saimong partner, so karon patay imohang anak, dili
violated. In fact if we the court said that if this provision is ah ka ma ka claim if we follow the interpretation of the ECC nga
maintained it would exemplifies ah and opened up employers nga dapat legitimate parent lang ang ma ka claim sa benefits, so ang
e 1year ang contrata and ang makuha lang nila is 3 months court says there is a violation of equal protection here because
instead of the entire unexpired portion of the contract. So this there is no distinction in so far as the grant of benefits is
would keep the rights of the employee. concerned kung legitimate and illegitimate parents. There is no
compelling reasonable basis to discriminate illegitimate parents,
plus the law can be better implemented if the benefits are given
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to those who are needing the benefits of dependents parents, so it That about the Garbage Fee, the court said that these ordinance
stops now, so these legitimate not only the interpretation of the posing as garbage fee is unconstitutional because it is
ECC but also in the rules of the ECC. discriminatory it is only collects garbage fee for those domestics
ah tong mga tagiya, why? Gina singil niya ang mga condo unit
Now we go directly to Ferrer vs Bautista, involving ordinances owners, those who are living in a socialized houses and also
of Quezon Council. The first is this SHT no, you read that that katong na ka puyo gyud sa bunk, however the ordinance
page Socialize Housing Tax, you read also on Collection of prescribes a different trait for those 3 classes, but court said that
Garbage Fees, now this two Ordinances .. the 1 st is SHT. What is the classification grant by the ordinance is unjust and inequitable,
it do? It imposes additional tax to those who are who own lands a resident of a 200sqm unit in a condominium or a socialized
in Quezon City in .. to use the money for the Socialize Housing housing is obliged to pay twice the amount that the resident of a
of the Quezon City government. What is the purpose of the fund? lot owner of similar size, so wala daw reasonable basis to use this
To purchase land, buildings improve socialized housing facilities, standard, nganong gamiton ning distinction kung lot owner ba ka
in other words, ikaw nga home owner ka diha, kuhaan ka or or condominium owner or social housing project owner. So
collectahan ka ug kuwarta para katong kuwarta ang gamiton to according to Supreme Court this classification is not only
help those who have no houses, katong mga squatters, himoan discriminatory to essential restriction pareha ra man mo nag puyo
cla ug socialize houses, now gi question na siya sa mga but also its not jermain to the purpose of the law.
legitimate land owners, because how these ordinances does daw
is to confiscate money from us. It is a kind of gross legislation
that violates property rights of the owners because it favors
informal settlers, squatters who occupied property not of their December 12, 2017
own then pay no taxes over law abiding real property owners Angeli Vidal
who pay income tax and realty taxes, so aside from the fact na
tagaan gani nimo sila ug guwapo nga balay kato pa gyud mga Also, I was informed that the break noh for Christmas is on 20 so
squatter na dili sila .. sa ordinance. So there is an invalid walay klase on I’m not sure if it’s 20 pataas anyway that’s the…
classification in so far as the squatters and the legitimate home I also encourage you to join the Conflicts of Law that is the
owners are concerned. The court said these ordinance provided (inaudible) for Law School. You’ll have corresponding bonus to
the SHT is not unconstitutional again equal protection is not your exam if you join mere any event you’ll get number of
command nor requires absolute equality it only requires all points.
person to be treated alike and look in order to validate
classification under the law it must pass this test for a valid Last meeting we finished Section 1, Article III on Due Process
reasonable classification. The court said that the distinction and Equal Protection. Now, we go to Section 2 and 2 nd paragraph
between these two classes home owners and squatters, there is a of Section 3 of the Bill of Rights pertaining to Fair Procedure.
substantial distinction, the rationale of the ordinance is to
undertake the comprehensive and continued program In Section 3 it provides for the right against unreasonable
development or housing program and using a tactical dictates of searches and seizures as well as warrantless arrests. It provides
justice and it is not discriminatory, the purpose of the tax is for the right of the people to be secure in their persons,
bringing out this individuals and even if there is a discrimination (inaudible) against unreasonable searches and seizures whatever
since it was found out there is a valid justification because naa nature any purpose shall be inviolable so dapat dili siya ma
juy substantial distinction between the two, there is no violate, and note but the protection is only against unreasonable
constitutional issue so far these ordinance is concerned nay valid searches and seizure. If the search is reasonable then the right to
justification between the two valid justification. property will be violated and no search warrant or warrant of
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arrest shall be issued except upon probable cause to determine nay procedure himuon ang court before iya ng e.issue. The court
personally by the Judge. After examination under oath formation is not that free to simply issue search warrant for the reason
of the complainant and the witnesses to be produce and (inaudible) there must be probable cause (inaudible) probable
particularly describing the place to be search (inaudible). So this cause in commission of a offense, probable cause to issue
formation to provides for the general requirements before the warrant of arrest, probable cause for the issuance of a search
issuance of the search warrant or the warrant of arrest. These warrant. This probable cause must be determined by the branch
warrants are different. What is the effect? If that is a violation personally, by carefully examine the complainant who submitted
noh (inaudible) gi search na tapos gi search ang usa ka area, gi to commission partly documents (inaudible).
search imong personal na gamit with search warrant, under
Section 3,paragraph 2 provide, any evidence of a thing violation What will concepts we’ll be discussing on this provision that we
of this provision as well as the preceding section, Section 2 shall have, the concept of search warrant, warrant of arrest, what are,
be inadmissible for the purpose of any proceeding this is called is there, are there presumptions, are there existence when we
Exclusionary Rule. For example noh, nag drugs mo dira sa kilid, search be done without a warrant, so are there valid searches?
and then all of a sudden wala mo na kita sa police nga nag drugs Are there also instances of a valid warrantless arrest? And what
mo, wala pud mo nag, unsay probable cause, kani mag effect of is the effect can this a violation of Exclusionary Rule (inaudible)
search (inaudible) suddenly search, siguro mga 5 days later. Gi
search iyong person gi dal.an mog search warrant and then So what are the requirements for the valid search warrant despite
natingala mga sachets whatever proving the impression that the with the search warrant made upon warrant of arrest? It must be
process of general proof you would need a search warrant to base on probable cause, for the issuance of a search warrant.
effect a search between an area or a person. Otherwise ma What is this probable cause for the issuance of a search warrant?
validate ning resolution and this prove against abuse of Search These are lots circumstances that would mean a reasonably
and Seizures. The evidence gathered noh would be inadmissible disputed movement (inaudible) illegal offense has been
(inaudible). What’s important about that? What if your committed and so meaning naay determination nga naay offense
conviction is only anchored on the pieces of evidence nga nakuha in the first place, and the object sought in connection with the
sa imohang person for example, possession of illegal drugs and offense in that place of to be searched. So that is what the judges
then (inaudible) naka affidavits of the suspects kanang gi gamit going to determine (inaudible) sa complain noh pati sa
sa court, now if incorrectly naa moy challenge, challenge against application for the search warrant, or possibly naa ba jud basis or
the validity of your search noh, so mo exclude to siya sa evidence this is something (inaudible) imagine that sa complainant, walay
na murag nay basis karon ang imong ingon sa client or for your basis (inaudible) gipang, gipang conjure (inaudible) So the
petition then include this, so negatively (inaudible) So it’s judges (inaudible). What else? If naa saiyang application he has
important noh that we know these rules noh. Sometimes when to determine probable cause personally. How would he do that?
studying Constitution its very neglous, lisud siya sabton noh, He examines under oath the proclamation of complainant, the
unsay pakialam nimo anang PDAF whatever, but here noh, we witnesses given the rules. So this is the (inaudible) is different
have (inaudible) Rule, we have existence noh, practical na siya noh in the case of a warrant of arrest. But anyway we’re still in
na application that is why we like to study those previous cases. search warrant noh. Kailangan ni ug personal examination ni
Now, what does this, what do these provisions give for us. These Judge ani. So kadto will cause personal examination of Who?
are the guaranties under the Constitution against unreasonable Under oath the affirmation the complainant, sa kung kinsa gi
searches and seizures. It upholds the expectation to Privacy. So produce and the warrant must particularly (inaudible) base on
before an search and seizure may be done as well as the arrest search and the person should be specific search This is the
noh. A warrant must be secured. Who issues the warrant? It’s the (inaudible) of particularity, otherwise, king dili particular
court noh. But this issuance of a warrant is not something that the imohang search warrant, search this house, this red house in this
court can just do base on sole discretion, naa gihapoy parameters, village oh, so every policemen who will search, has to enforce
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the warrant would search the red house (inaudible) particular search warrant, to execute the warrant or sulod siya tapos nisulod
gyud na. siya and then gi priso siya, gi lock gyud siya, he can liberate
himself, any person (inaudible) abnormally detain noh. Now to
Anyway, with the study of this provision, we have also to study revoke the search, there is also a requirement (inaudible)
Rule 16 of the Rules of Criminal Procedure; there are provisions executive officer lang ang naa under Section 8, Rule 16, To
there which we have (inaudible). search a house (inaudible) shall be made and accept in the
So let’s just touch on the basic provisions here. From the Rule 1 presence of the lawful occupant thereof or any member of the
6 Section 1. It defines what the search warrant is noh. It is an family, or in the absence of the latter, to witnesses (inaudible)
order in writing, so papel na siya naka butang dira, issued in the agent who decided in a single family. This is to add protection
name of the People of the Philippines signed by the Judge (inaudible) dili mag pataka ug kuha ang police noh, kuhaon ang
(inaudible), providing in to search from personal property this wallet isulod sa iyahang bulsa, so that dili ma abuse, even they
time and bring in before the court. So take note specific personal have the right to be there because of the search warrant. There
property, because how can you take the real property and bring it has to be respect, the violation of this (inaudible) your right
to the court. What are the types of personal property can be against (inaudible) search and seizures.
ceased noh? In Section 3, it may be the warrant of incusion for
the search and seizure of the property which are; dili puwede nga Now, when do you effect this search pursuant to a valid search
bisag unsa lang nga personal property ang ikuan ninyo dira, unya warrant? If the one has been must be directed to be served in the
ang offense is for drugs noh (inaudible) ang imohang blender day time as of general rule, buntag noh, what is the point of this
(inaudible). So what are the personal property can be ceased noh? rule? Because it would be very conversant if the one who will
Property which are the subject of the offense, stolen or search at night time, is something that (inaudible) the search is
embezzled under the procedure of rules of the offense or property done at night, kung tulog ka, tulog ka and then gi enforce ang
used or intended to be used as a means (inaudible). So it must be search warrant, so the general rule is that, if it is a search warrant,
related to a particular offense (inaudible). So the requisites copy you serve it in during day time, unless the affidavit or the
of provisions from our Constitution Section 4 which are not be application for the search warrant to search, the property is on the
issued this warrant except upon probable cause in connection person, meaning bitbit sa tao noh ang gusto nimo ma search, or
with one specific offense, so dapat (inaudible) to qualify also in the place ordered to be able to search naka specify siya. In
must be, must also be specific to be determined this probable which case the direction in serving the warrant that it can be
cause, determined by the Judge after examination under oath served at any time of the day. So these instances probably there
(inaudible) of the complainant and the witnesses claiming those was this transience noh ma lisud siya iexecute during the day
(inaudible). because basin muhawa na tong tao or whatever. What is the
lifetime of the search warrant? It can only be, it’s only valid for
(inaudible) Anyway, Now on the part of personal examination by 10 days, day after it shall be void. So after anah puwede na ka
the Judge in Section 9 provides that the Judge must, before muikyas (inaudible). We will discuss that one in Civil
issuing the warrant personally examine in the form of search and Procedure.
questions (inaudible) in writing and under oath who the Now, we discussed earlier noh the general rule to effect a search
complainant and the witnesses to be produced, on what? on facts you have to have a search warrant but there are also exceptions to
personally known to them and batch to the records to the sworn that rule. Meaning there are instances where a search without a
and statement. This is the ambit for the requirement personal search warrant may be done validly. One such instance is when
evaluation, examination. Another peculiar feature of the search it is done incident to a lawful arrest. A search done incidental
warrant of the search here, is in the officer (inaudible) of the to a lawful arrest. For example, wala kay valid warrant of arrest
place, naka butang sa search warrant, you may break open, any
and then there’s this someone there na gusto nimo siya earrest,
outdoor or even doors puwede nila siraon, if he has the valid
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then pag duol nimo saiya then gi kapkaoan nimo siya even if particularity to avoid this general warrant is to prevent these
wala kay search warrant whatever evidence (inaudible) imo ma police law enforcers or law officers from exercising discretion as
yield from that person pursuant to a valid arrest may be to what to be seized otherwise you can seize anything he wants.
considered as evidence. So Sec. 13, Rule 126 – A person For example there is this case of Stonehill v. Diokno wala dadto
lawfully arrested may be searched for dangerous weapons or naka specify unsa ang offense. But naka butang lang dadto sa
anything which have been used or constitute proof for a application as well as sa warrant is search this place because
commission of an offense without a search warrant. So this is one there are items here that to be used no as in total violation of the
of the exceptions to the general rule noh requiring a search Revised Penal Code, a violation of the Central Bank Laws, the
warrant before you can do a search. court said that warrant is a general warrant walay specific offense
noh.
As discussed, a search warrant is an order in writing issued by a
judge it must specifically describe, however, what, what are the Now on still on the specification the requirement of being
details..you have to be specific on the place to be searched and specific kung ang offense is clear it has to be specified unsa ang
objects to be seized and it must issue only to a one specific offense na na commit theft or qualified theft unsa ba..dili pwede
offense. Now, is there a requirement that the objects must be " in violation of the Revised Penal Code" noh. Now, on the
particularized in a very technical manner? Kailangan naay model object the object also has to be specified in the search warrant not
naay serial number ana? In our assigned cases noh the court will but it need not be so concise noh that it would be inhibited on the
explain the requirement..the answer to that question. As we also enforcing officer to execute the warrant kay kailangan niya ug
said earlier, what is the procedure before you can get a search tao na mo imbestiga etc. so the court has issued rules on
warrant? You apply for a search warrant from a judge noh reasonableness the description has to be specific but it should be
supported by an affidavit so it’s not automatic. So adto sa court, reasonable. The objects need not be described in very precise
apply for a search warrant with your affidavit as a complainant details and even minor discrepancies in the object described in
and the judge to determine based on that ask questions personally the warrant do not nullify the entire warrant.
if there’s probable cause. The judge has to examine the witness
personally noh and the complainant doing searching questions in If a warrant contains a specific description of some objects and
writing and under oath. they're objects considered to be in general in description the
entire warrant is not voided as in one case noh (inaudible) later
What if the judge noh does not conduct a kind of search required we'll discuss. Naay part dadtu na general struck down pero the
in the constitution and the rules? Then, invalid ang search rest was considered to be valid.
warrant then you can assail the validity of the warrant then
katong evidence na nakuha pursuant to that invalid warrant will what happens if they used specific data from the objects? any
cause to be excluded from evidence that is why gina gamit ni objects taken pursuant to the general warrant will not be
siya on the requirements to assail the validity of the search admitted in any form as evidence and cannot be used against you.
warrant, walay determination of probable cause by the judge no Now, before we go to the cases we have the POLLO V.
personal examination and attack noh on the validity of the CONSTANTINODAVID the case before that which is also
warrant. The most common is the requirement on particularity. interesting which we have to compare with Pollo v.
Why is it required that a warrant should contain specific ConstantinoDavid is the case of IN RE: MORALES here,
descriptions as to objects and things and as to the specific Atty. Morales a lawyer is working before the judiciary it was
offense? Because if it fails to do that the warrant will be alleged that Atty. Morales was consuming his working hours
considered as a general warrant. The general warrant is void finding and attending to personal cases meaning nag trabaho siya
meaning you cannot validly enforce that. The purpose of this sa court but he is also doing private practice such as the
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administrative cases against the employees, the staff etc. using that is one of those exceptions sa valid warrantless searches. Was
the supplies, office supplies and amenities of the judiciary noh. his consent here secured before his property was seized and
There are many practitioners who are alleged to be doing this searched? The court said that No. There was no proof that his
using the funds of the government to private practice. consent noh was secured before the search was done. Now, who
Now, because there was a complaint filed in the office of the has the burden to prove nga nakuha nimo ang consent sa kadtong
court administrator gi imbestigahan ni si Atty. Morales so the person na gi searchan nimo? Kinsa ba ang mag prove? Is it the
NBI was tasked to effect a search on the equipment of Atty. person na ngi ingon siya na "Yes, I give my consent." or is it you
Morales in the court. So here the team was able to access a na ga allege na valid ang search? It is the state noh or it is the
personal computer of Atty. Morales taking note that it is a agent who effected the search that has the burden to prove that
personal computer belonging to him iyaha siguro ning sariling there was a valid warrantless search.
funds gi gamit etc. it belongs to him it is not a government
issued computer. It was one of the items noh na gi pangita gipang Consent to a search is not to be lightly inferred and must be
copya ang mga files gi transfer sa hard drive or CD and then ang shown a clear and convincing evidence. Consent to be secured as
mga na obtain an files gi imbestigahan and it was found out na validly given noh must be unequivocal, clear walay doubt na gi
daghan siya mga pleadings didto which are which cater to his hatag nimo na nga specific, intelligently given na (inaudible). It
private clients. Now, because of that finding gi penalize siya was not proved in here by the party asserting the validity of the
administratively by the office of the court administrator (OCA) gi warrantless search. The burden of proving lies with the state.
challenge noh the verdict or the decision of the OCA. Atty. Why? The acquiescence in the loss of the fundamental rights is
Morales alleged that the items the documents na nakuha saiyang not to be presumed and forms with ever reasonable presumption
computer should not be admitted in evidence because the search against a waiver of fundamental constitutional rights. So, you do
was done here without a valid warrant, a search warrant. It was not lose your rights by mere presumption. It has to be proved na
not and he walay silay gi kuha na search warrant, wala sila nag gi waive nimo na siya and that proof must come from the party
adto sa court to effect the search warrant to search his computer asserting the waiver. Purpose so realated here the requirements of
ni derecho sila gi tanaw iyang personal computer go copya and gi a valid consent.
gamit iyang files as evidence against him so he's questioning the
propriety of that procedure. Can the pleadings acquired from his Also we have this we already discussed this when do you validly
PC be admitted in evidence? The court said that NO, the waive your right noh? First, the right to exist (not sure with this
pleadings here cannot be used and inadmissible in the term kay dili clear) number two is you know that you have that
administrative case against him. Why? His right against right and the third is you have the intention to relinquish that
unreasonable search and seizure was violated in here. Again right. E prove na tanan sa kadtong naga assert na valid imong pag
under the Constitution, it is inviolable for the people to be waive saimong right. Otherwise, kung dili nimo na ma prove
secured in their persons and property against unreasonable search then meaning wala kay consent na gi hatag, dili valid imong
and seizure. What is the effect if there is a violation? Apply the consent, walay consent sa pag search, wala pa jud kay valid
exclusionary rule under Section 3 paragraph 2, eexclude nimo search warrant then whatever search was done there will be
ang evidence na makuha saimo pursuant to that illegal search. invalid dili magamit ang evidence against you. And that's what
Why was the search illegal here? Because there was no search happened in here. No search warrant. No consent to search. The
warrant. evidence cannot be used against you.
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Using that we relate that case with Pollo v. Constantino and seizure. If the search is reasonable under the circumstances
David here practically noh the same kind of offense was done by then the protection could not apply.
the lawyer. He works for the Civil Service Commission so dira
iyang office dira siya ga himo saiyang trabaho naa siyay Bantog ni adto sila sa constant of being reasonable, is the search
computer na gina gamit. It was alleged however, that he was here without a search warrant reasonable under the
doing personal pleadings to cater to his private clients during circumstances? The court cited U.S jurisprudence to prove or to
office hours using equipment noh from the government usign the justify that the search done on the computer of the lawyer here
here and so his personal files stored on a computer were taken privacy nga dili puwede e intrude into. That is recognized by the
and used as evidence in the investigation. court, but just because you are working in a government office, it
does not mean that mawala pud imohang reasonable expectaion
ning diretso lang sila access ug computer gi kopya nila same noh saimo it's because you are working in a public office as a general
documents nakita gyud nila didto nga naay mga pleadings in fact, factors which prove nga dili kaayo private ang imohang setting in
tabangan ni niya ang mga cliente niya nga naay kaso sa Civil
Service where he is working, so meaning noh naga conflict ang The public employees’ expectations of privacy in their office can
office and he knows the weakness of the whatever gina gamit and procedures formed by legitimate regulation. How can you
administrative complaint among others and arave misconduct and ang nature saimong office directly or private if you're working in
using the files taken from his government issued computer he the government. Government office if you're working for them
was administratively sanctioned and dismissed from the service. many people can access your office particularly (inaudible) can
access your office etc, officemates nimo muadto anah, so the
Now the case went to the Supreme Court, he is questioning the general rule is that, even if naa kay inana na setting you can still
propriety of using those files against him, because according to have this reasonable expectation of privacy but some government
walay warrant, search warrant before the search was done on his expectation of privacy is reasonable. So there are instances. What
computer. Is he correct? Was the search on his office computer is the conclusion there? We examine on the case to case basis.
valid? The court said that it was noh, his rights were not That is why the court did formulate standards here on the
digressed, so compare this to the case of Morales. What is the determination of the reasonableness of the intrusion.
privacy. Starting to the concept that you have the general rule to the privacy reasonable. First, one must consider if the action
under the constitution Section 2, you are, you have the right to was justified against the solution, meaning naa tay basis to effect
privacy noh, you are perfected of the unreasonable search and the motion in the first place, and the second, which was also be
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you are siguro kay gina charge gihapon ka but not by the PLDT reasons. Now, before we go to the substance kay naay
but by these theieves, so because of the report noh filed before technicality being raised by World Wide Web, because according
the police a search and an application for a search warrant was to it if final kag case noh, criminal case then you will be
prompted by the trial court against World Wide Web as well as prosecuted by the state, if you are if gusto ka ug mag apil apil
this Planet Internet. Why? It was alleged that they were you are a private complainant you can have your private counsel
conducting illegal call bypass operation ang call na ga meter sa prosecute for the state pero kailangan nimo ug uhm authority
long distance noh kay gina bypass by the (inaudible) of these from the state prosecutor before a lawyer can do that. That is
theives. They were charged of theft noh as well as violating P.D what being raised here by World Wide Web. Ang nag apply daw
401. Now because naay application naay hearing from the for the warrant kung kinsa ang nag attend sa hearing didto kay
application diba kay kailangan e determine ni judge if there is dili ang state prosecutor but a private lawyer or PLDT.
probable cause for the issuance of the search warrant, and there According to it, it violates the rules of court noh because all
were testimonies here of employees of the PLDT that they did criminal actions commence (inaudible) shall be prosecuted
tests and found out na naay uhmm connection naay bypassing of under the direction and control of the prosecutor. Wala daw ni
these toll gates and then mura ang call to this noh to World Wide na kuha sa PLDT ning direction and control of the prosecutor.
Web as well as this Planet Internet Corporation so sila ang nag Walay authority to effect to get a search warrant in the first place.
specifiy ngano ga himo aning call bypass a violation of the Since nag violate siya ana, dili..walay authority tong lawyer sa
property rights of PLDT. It was alleged in here noh as testified PLDT to get the search warrants. The court said that that is
by the employees of the PLDT that these entities illegally use wrong because an application for a search warrant is not a
the lines and equipment that routed international calls and criminal action, it is a special criminal process. It is not the
bypassed PLDT's IGF. criminal case itself. It is an incident and can be an incident to a
criminal case prior to ..anyway. So it is a special criminal
After the hearing, the RTC granted the applicant for search process. It is not the criminal action itself. And, therefore, dili
warrant so nag issue siya ug tulo kabuok search warrants sa siya ma considered as a criminal action then there is no need noh
World Wide Web as wells as sa Planet Internet. Gi search, what for you to secure the conformity of the public prosecutor
did the warrants contain? Ang specific place as well as the because it is not the action of (inaudible) that violates the rules.
address and the offense violation of P.D 401 for example and
the items to be searched modems, routers unsa pa ni mga lines, Now in determining because the argument didto gi allege man
cables, etc. manuals. Now, gi challenge karon the kani si World daw na walay probable cause ang pag issue sa warrant, the court
Wibe Web as well as this Planet Internet challenged the issuance said here that the determination of probable cause kinsa ang naga
of the warrant so they filed a motion to quash the search warrant determine ana? It is the judge so iyahang discretion using the
because according to them on common, there's number one wala facts presented before him. They determine probable cause in the
daw probable casue noh to issue the warrant in the first place exercise of their judicial functions and as the general rule kung
because wala na prove na there was theft and number two, that unsa mana inyong gina rule dira it is presumed to be valid noh it
bypass was not a crime, number 3, the warrants also were too is not presumed to be unconstitutional. Finding of probable cause
general. The RTC granted the motion to quash because the is accorded with respect by the viewing courts when the time
warrants were general warrants noh as we said earlier na if your they ask substantial cases. That's the general rule noh for acts
warrant is general, void na siya. The RTC found out na general done by the state, its presumption of constitutionality. Now here
na sila mga routers, modems unspecified. But on appeal to the it is explained that probable cause existed in the first place
CA, it reversed the decision of the RTC and declared that the because if you want to secure a search warrant kailangan nimo
search warrants here are valid. So now World Wide Web and ug probable cause for that and what is probable cause to get the
Planet Internet resort to Supreme Court challenging the issuance of a search warrant? To remind us these are facts and
proprietary of the issuance of the search warrants for several circumstances that will lead a reasonable and prudent person to
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believe that an offense had been committed and that objects broad and all in (inaudible) declared the officers why discretion
sought to be retrieved in connection with that offense could to which articles to seize. Are the warrants here general
be (inaudible) that is what the judge needs to determine. It is warrants? The court said that they are NOT. A general warrant is
truly dependent… in finding probable cause, it’s truly dependent a warrant which is not particular as to press PRR7 Property to be
on the finding of the judge in the process of their exercise of their Seized. It allows the seizure of one thing under a warrant
judicial function. describing another. Why is this not allowed? It makes a person
against the warrant issued vulnerable to abuses. When is this
More importantly, the finding of probable cause the viewing requirement of particularity of a warrant satisfying? Are the
courts could give weight to that. Why? Aside from the description is in the warrant? It is fulfilled when the items
presumption of regularity, sila ang naga observe sa demeanor, described in the search warrant baring (inaudible) of the offense
sailang witnesses etc. observe nila using their ang ilang for which the warrant is served. Take note of the intricate
judgement noh. If you're lying, so again respect sa court dili siya relationship between proof that the offense or crime was
basta basta ireverse. Then it is presumed that the judicial function committed and the items sought to be seized in relation to the
regularly performed. Absent is showing now what is also the offense.
requirement sustained ang sa reviewing court, as long as there is
substantial basis for the determination of probable cause. So unsay (inaudible) if, even if it would seem noh that the items
Substantial basis means the questions of examining that brought enumerated in the warrant (inaudible) that innocent ang mo guide
out of such facts and circumstances that would bring up probable sa mag search anah is the crime alleged noh in the application as
cause, and here it was found out that the court, that was bound by well as in the warrant, if it is for drugs, na naka butang dira nga
the judge in this case, naa siyay mga certain questions etc. and he money, so probably the money which is very threat to the charge.
was led noh by the facts na nakuha niya, it could be that there Is there a need for the technical description? The court said that
was probable cause by the issuance of the search warrant. The NO. technical precision, take note mao ni nga mosunod na
one argument here na wala gi direct dinha sa Supreme Court but question noh. If there is a requirement for technical precision. It
later on noh was that there has to be before the judge may issue is NOT required, it is only necessary that there is a reasonable
the search warrant, there has to be necessity for the judge to particularity in certain things that lead to property to be searched
determine whether a crime or an offense was committed in the or seized. So the warrant, the warrant shall be mere proving
first place before he can determine or he can issue that search commission.
warrant, but court have no categorical ruling, kung kailangan ba
siya, if there is a necessity for a prior determination of There is no need that the items in the warrant may describe in
commission of a crime, but still the court examine mere fact and precise, minute details as to read no room for doubt on the part of
explain them. Going to the records noh, there was probable cause the searching authorities because if that was the rule, it would be
to rule that a crime, the crime is charge against the accused here virtually impossible for the (inaudible) the warrant because they
who committed or the respondents they were do not know exactly what kind things they were looking for.
committed. (Inaudible) still studyhan sa Supreme Court then they Again the requirement for particularity is only required
determine in the first place naa bay crime. What were the crimes whenever, wherever and whenever this case (inaudible). Here the
against the have been committed here, theft as well as violation court said that the warrant is compliant with the particularity
PD401, the court also said, probable cause, offense is committed even if the items were (inaudible) they were being used pursuant
in this case. So the court may not uphold noh the questions of the to the illegal operation that amounted to theft, so law enforcers
search warrants. Now another argument the World Wide Web, would be guided by that description.
general naa dw issues sa trial court, it argued that the search
warrant issued by the judge, wherein the nature on general
warrant because the distinction of the objects to be seized are so
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In Ocampo vs Armando we have discussed already here, so far na namali si judge, walay probable cause, not that si judge ang
as the concept of due process is concerned, take note that this mag defend saiyang (inaudible).
views with the warrant of arrest, anyway.
In People v. Rom here we have a buybust operation conducted
Remember the case of the policemen of the mass grave, which on the accused daghan kaayo na damay ani kay nag pot session
was Kuminda of the NPA against tong mga insiders nila, naay man sila dadto sa (inaudible) anyway, there was a buybust
criminal investigation against those who were complained of, gi operation and of course because of the nature of the buybust
pang arrest sila in the process. Now it was argued that they were operation is that it's so immediate, there is little (inaudible) to
denied to process not only the preliminary investigation, but also secure a search warrant or warrant of arrest. Otherwise mag tip
the issuance of the warrant of arrest. There was no probable ang katong mga nag drugs dira edi manghawa na na sila and it
cause now for the issuance of (inaudible) take note that there is a takes time for the court to detemine probable cause. Anyway, so
difference between probable cause from the issuance of the here there was a buybust operation so definitely we are ruling
warrant of arrest, and the issuance of the search warrant. out a possibility that they have a search warrant and a warrant of
arrest to prove its buybust operation. So that's what happened.
Anyway, if you want to have a search of a warrant of arrest Naay tip nga naay sale naay buyerpusher, pusherbuyer and adto
noh, probable cause that a crime was (inaudible) offense been siya didto bayad siya using mark money nag tip siya saiyang mga
offenses have been committed and objects sought to be seized from that place were acquired without a search warrant.
noh are the things to be searched. So that's one difference,
What's the name of that guy in red? What's your name? Juris
also one difference between a search warrant and a warrant
Mahusay, sir. Stand up.
of arrest is this personal examination requirement mas
What was the discussion of the Supreme Court here as to the
stricto insofar as search warrants are concerned kay
relationship of the arrest and the search?
kailangan ni judge ug personal examination sa applicant ug
Atty. Gil: Was there an arrest? ......What was the basis for the
sa witnesses (inaudible) but here if you want to have a arrest?
warrant of arrest siguro mas makita sa court na mas urgent (Juris' answer)
ang warrant of arrest noh. The requirement of personal Atty Gil: What was the reason why ni abot ning kaso sa Supreme
examination need not be a hearing type. A hearing is not Court?
necessary for determination thereof if you're talking about Juris: They were contending sir that the pieces of evidence were
warrant of arrest. In fact, the judge's personal examination inadmissible.
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So as a general rule, as we’ve discussed earlier we have to as well as the right against warrantless arrest. We started no first
secure a search warrant before we can validly search someone. on the concept of search and seizures as the general rule, dili ka
The court enumerated here the exceptions on search incidental to pwede ma search, property, location of the person without a
arrest? There must have to be what? You must possess what? yesterday some of the cases emphasizing that concept so much so
this case noh. Arrest in flagrante delicto, meaning you (inaudible) paragraph of section 3, whatever elements is acquired pursuant to
you don't have to " uy nakita tika na nag (inaudible) adto sa ko that illegal search and seizure, illegal siya because kay walay
ug court ha to secure a warrant of arrest." So if you see the valid na search warrant, dili pud siya mahulog sa exception then
nga nahitabo tong killing but you were informed based on your important well, if your petition stands or is based on the object
personal (inaudible) and also guided by your experience na mao seized during the search and kung mawala tong object didto kay
nay nahitabo then you proceed in a hot pursuit of the person who maexclude to siya sa evidence, dili na mag sign ug (inaudible)
probably is responsible for the commission of an offense then and then you can validly or mag ichallenge and prove na illegal
you arrest him. Then the third is an arrest of escaped prisoners. ang search, ma exclude ang evidence, it would amount to your
The common denominator between these three is the urgency acquittal. If you are acquitted, as a general rule, dili pa gud na
of the situation, there’s no need for you to secure that. The court siya ma appeal by the state because it would violate the rule of
double jeopardy unless is the (inaudible) with discretion. That’s
found out here that what happened was a buybust operation
the point, if you are avail to prove your constitutional right
nakita nila na nag baligya ug drugs right then and there the
against unlawful search and seizure is violated then maexcluded
felony, the offense rather was being committed gi dakop nila
ang evidence is very practical if you, for you to apply this rule.
arrested in flagrante delicto there is no need for you to have a
Last meeting, we also discussed the, kadtong case, using the
warrant of arrest. Now when you search pursuant to that valid
facilities of that communications company but not dili siya party
arrest even without a search warrant that search is also
of the call getway facility that is considered as Theft (not sure).
considered valid. A valid search pursuant to a valid arrest. One of
the exceptions to the general rule na there is a need for you to Now we go to the case of PLDT vs Alvarez, in a way similar to
said these factors the search was considered to be lawful and the particular jurisprudence na ge sa cite Court of Appeals that at the
evidence therefore, is admissible. time of citing the jurisprudence dili pa siya final and then later on
Let's continue next meeting. na reverse siya so what is the effect of that. So what happen in
this case? It’s the same, nay gabaligya ug mga cellcards that you
December 13, 2017 Filipinos residing in the UK or also in the Philippines. So now
Jenny Alapan paggamit nimo ani na card dili siya mo agi sa call getway facility
of PLDT instead it goes certain to a local number in Metro
Manila and this place kung asa naga derived tong calls kay
Yesterday we started our discussion on Sections 2 and 3 of the
owned by a certain Abigail R. Razon Alverez in Tarlac city. So
Constitution pertaining to the requirements of care procedure
what is the point? We used that card and then we were able to
particularly on the matter of the right against unreasonable search
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circumvent the call which is the rates of the PLDT. We are using However, when the CA cited that case it was depending on the
that equipment, so in a way ma bypass nimo and pagbayad sa call motion to reconsideration of the Supreme Court decision. That is
sa PLDT instead you are going to pay the certain individual or why to challenge the citation of CA quash the warrant, karon
the call you make. we have test calls were done to answer same giquestion na ni PLDT why cite this jurisprudence na dili paman
quantity of these cell cards when it was nagawas ang results, final. Anyway, as for the warrants, for search warrants B1 and
PLDT found out that had ordinary and legitimate call we made B2 valid ang paragraphs one to six but paragraphs 7, 8, and 9 kay
the receive of the caller id equip this phone with the caller id invalid because they lack the particularity requirement. Now
would not be reflective local number or any number at all in the going to the SC, what are the issues? First is that the CA daw
parts vested the caller enters the access and then ang mogawas is erred in denying the case of Laurel v. Judge Abrogar, why?
a local telephone number. Motawag ka using the card, pagtawag Because the case na gicite sa CA has been reversed... among
nila ato na phone na naay IDD mogawas tong number ni Abigail others. Now lets go first to the discussion of citation of Laurel
Razon. Because of this, the course through the internet, never because in the original Laurel v. Judge Abrogar ruling, the
passed the call center of PLDT’s IGF using these prepaid cards Court said that services in business follow properties are not the
and therefore it is, according to the PLDT effect of a, effect. So proper subjects effect of RPC because services in business daw
because of this allegation, nag apply ang PLDT ug search cannot be taken or occupied but this ruling was reversed in the
warrant to search the place of Abigail Razon. So the police ruling in 2009 with the Court en banc why? Because according to
secured a search warrant report to judge in the RTC for what? SC, the Court petition of theft under the RPC in so far as the
Theft and violation of PD 401. The judge then caused an issue of personal property is concerned, any person or property, tangible
a search warrant and 4 search warrants were issued: Search or intangible, corporeal or incorporeal,(inaudible) appropriation
warrant A1 and A2; B1 and B2. A1 and A2 pertain to theft and may the objects can be the object of Theft. So personal property
B1 and B2 pertain to the violation of PD 401. We have a under the Civil Code can be, is interpreted now as anything
search warrant implemented, executed and the search and the susceptible of appropriation. PLDT’s cellphone service or its
police search the premises of Abigail. So naay gipangkuha na business of providing this is an appropriable personal property
mga items based on the description in the warrant: iya mga and in fact it is subject of appropriation in an ISR operation. In
personal computers, iya wallet and etcetera because they were other words, the business…What is being stolen here is the use
allegedly used to commit Theft and violation of PD 401. Now of PLDT’s communication equipment without its consent. It’s
kadtong si Abigail diri kay kadtong gsearchan na premises filed not the calls that being stolen because it’s not the thing that
in the RTC the motion to quash the warrant because number one, being….stolen but kadtong pag gamit nimo, ginasteal nimo ang
wala daw authority ang RTC diri to issue it; number two, there used of these equipments. It is the use therefore of this
was a lack in the clarity of the items to be searched and also communication facilities without the consent of PLDT that
finding that there was no probable cause where the crime opted. constitutes the crime of theft. Because of this ruling of Judge
The RTC denied the motion to quash. On appeal, nag appeal si Abgrogar v. Laurel, reversing the first original ruling na gi cite sa
Abigail, the CA quash the search warrants pertaining on the CA, wala nay basis ang pag quash ni CA on the ground of there
crime of theft because according to the CA, they were issued on must be non existent crime because now in this case theft can be
non existent, based on non existent crimes meaning wala pa done on the use of these facilities of the PLDT (inaudible).
during this time ang result sa jurisprudence na nag ingon na using Kadtong mga step therefore of the ruling of the CA was reversed
the facilities of the PLDT to commit sanction to be considered with SC. There is a discussion here as we discussed before the
theft. What was the basis of the CA? The case of Laurel v. requisites of the Search warrant of the probable cause to be
Judge Abrogar, where the finding of the SC , ingon ang SC na it determine personally by the judge and reason why ngano naay
would not constitute as theft because the item or the thing to be protection to prevent the officer of the law from violating your
or suppose to be stolen here is not considered a personal item. rights, privacy, etc. sanctity, your hope.. mao na siya.
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As we asked before na wala gi categorical answer sa SC, is that entire warrant kadtong lang mga dili klaro, dili particular as w
(inaudible) to determine whether the offense exist to justify the discussed yesterday. So take note that pwede na mag theft here in
issuance of quashal or the search warrant? Kailangan pa ba the use of the PLDT facilities.
idetermine sa court kung in the first place naay theft or violation
of PD 401 it would now determine the probable cause. The Court In Laug v. People, this is interesting because this happened in
said Yes, definitely because how can you determine probable Davao but the warrant concerned was applied for in Manila.
cause na naay crime na commit na in the first place walay crime Anyway, in 2009, the PNP applied in the RTC in Manila a
na commit. In the determination of probable cause the Court warrant to search three (3) caves inside the Laud compound
must necessary determine whether an offense exist to justify the Purok 3 in Maa, Davao City. Remember the case… the testimony
issuance of quashal of search warrant. This is also (inaudible) on of (not sure with the name), some.. The DDS.. detractor didto sa
one specific offense rule. Take note that before the Court goes to Senate the particular remains nan aa sa Laud compound in Maa,
determine that there is probable cause in the first place that the somewhere in Maa na dumpsite daw sa mga bodieswhich are
crime commit, dapat naay findings sa that a crime is committed victims of extrajudicial killings in Davao committed by the
in the first place. Take note that the Court warned parties here of Davao Death Squad. According to the policemen who applied for
using decisions that dili pa final because depending pa ang the warrant, it can be found in that place the alleged remains of
motion.. kung naay motion for reconsideration ang kaso dili pa the victims summarily executed by the DDS. So what was the
siya mahulog sa stare decisis providing law.. as we know in the crime that being committed here? It is the crime of murder and
Civil Code, the decisions of the SC form part of the law of the that is considered as a heinous crime. What was use to support
land that this pertain to final decisions of the SC since () cited by the allegation, there was this testimony of the certain Avasola
the CA was still attempting MR which is not considered final saying that personally there is killing of 6 persons etcetera. The
and binding law. What about the finding of the CA as to lack of judge here, Judge Peralta acting as Vice Executive Judge of the
particularity in search warrants B1 and B2? Kadtong violation of ManilaRTC issued a probable cause for the issuance of search
PD 401 kadtong paragraph 7, 8, 9. The court sustain the ruling of warrant issued a search warrant and pursuant to that search
the CA so far as concerned kay wala to siya na particularly warrant a search ang Laud compound caves and after searching
describe. It is null in description, it does not, and it is not even in they yielded positive results for the presence of the human
connection with the specific offense. Take note na only imo remains. Now, Retired policeman Laud filed a motion to quash
ispecify ang object, place but also specify the offence to which and suppress illegally seized evidence here on several grounds:
para ma guide ang officer kung unsa ang offense na commit 1.) Judge Peralta daw was not authorized to issue a search
kabalo sila unsa na items ang ila kuhaon which related to the warrant because he was administratively penalized in his duties if
offense. What is lacking here is that the particularity of the .. Are naa daw kay administrative penalty kay dili naka mahimog Vice
the applicability of the enumeration in so far as the offense is Executive Judge so pasabot kay wala siyay authority to issue the
concern PD 401 while penalizes I mean one who installs a warrant. What else, walay probable cause etcetera.
telephone connection without previous acquiring from the PLDT,
the Court agrees with the CA dili connected diri sa pagcommit sa Now the Manila RTC granted the motion meaning quashed niya
PD 401 connecting the line, connecting ang kining computer, ang warrant consider as illegal ang kadtong gi issue ni Judge
scanners, software, the description daw is not particular, in fact Peralta. On appeal by the State, the CA granted the petition and
printers and scanners are or may be connected to the other illegal reversed the ruling of the RTC because these were stated
connections to the PLDT telephone lines does not make them the deliverance of discretion the issuance of the warrants were
subject of the offense. It lacks the particularity requirements but verbatim according to the CA. Remember the discussion
the issuance of the search warrant, they are valid. So take note yesterday kung as aka mag apply for the search warrant, you do it
either if some of the items of the warrant considered to be not in the Section 2 under Rule 126, you apply search warrant :1.)
particular then therefore stated by the SC, it does not nullify the
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In any court within whose territorial jurisdiction a crime is even if you implement the search warrant outside these courts,
committed. Asa na commit ang murder diri? It was committed in the judicial jurisdiction of this court.
Davao but where was the warrant applied for ? it was in Manila
and also exception here, 2.) for compelling reasons daw, any So wala diri gi apply sa SC ang Section 2 of Rules 126 because
court within the judicial region where the crime was committed ang case here falls under (?) Administrative or circular. In fact
so mao ng limitations where you applied such. That was the the circular provides that kung unsa tong mga matters na
question raised by Laud nganong gi apply nimo ning warrant in macover up karon shall be consider as exception to section 2 of
Manila one of the based search here in Davao. rules 126 of the Rules of Court. Section 2 of rule 126 mao tong gi
ingon kaganina as general rule na ma apply sa search warrant.
Now before the SC, Laud, gireversed man ang ruling in favor of Since nagfall man ang case diri sa AM kung unsa tong circular
Laud, he went to the SC to questioned the ruling of the CA: 1.) then dili mag apply ang Rule 126. Was there compliance here
Did Judge Peralta here have the authority to issue the warrant, with the constitutional requirements for the issuance of search
the first warrant was he was administratively penalized; 2.) Did warrant, probable cause? The Court said Yes, how did Judge ()
the Manila RTC has jurisdiction to issue the warrant ; 3.) Was personally examine the witnesses na here because its established
there a probable cause? Was there a particular description or was the testimony of Avasola was personally examine by the Judge
there a compliance one specific offense. that it was sufficiently showed more likely the () the crime of
murder of 6 individuals have been perpetrated so the probable
The Court pick some sustained the ruling of the CA in other cause determine by the judge here is present. What about the
words the search warrants were valid. Now what is the effect of particularity of the place requirement? The Court said Yes it
the administrative penalty indulged on Judge Peralta? The Court complies because what was a particularly describe to be search
said here that, Yes, the administrative penalty against Judge the 3 caves inside the Laud compound in Purok 3, Baranggay
Peralta may have divested his Vice Executive Judge authority but Maa, Davao City that is already explicit and also naa pa gud
the Court said even if nawala na sa iya because of penalty he can sketch na gi attach to the search warrant to guide the enforcing
be considered as De Facto officer. So in your Constitutional 1 , policemen. What about the particularity of the things to be
we discussed the concept of De Facto officer, he acts in the () in seized? Human remains. Laud argues that the human remains
legal rights of the office and he is considered a De Facto officer here are not personal property contemplated under the rule on, on
whatever he does it is considered as a general rule valid. The the rule 126, personal property to be seized under section 3, dili
Court said just because nawala iya authority to administer as a lang personal property.. ang human remains because they are
Executive does not mean nawala iyang authority to issue capable of (). The Court said personal property complex on rule
warrants here because of the De Facto doctrine. The Court said 126 refers to things mobility and not its ability to be appropriate
that the elements for the application of the De Facto doctrine is under the concept of civil law. Not to its capacity to be own or
present in this case. alienated by a particular person. So personal property here
kaning mga items under the rule 126 kay mao ning mga things
So what about the second issue on the application of the warrant which can be transported from place to place there personal
which is done in the city of Manila, The Court said it is an property. Human remains can be transported and therefore they
administrative matter. We will discuss this in Civil Pro: A.M.03 are considered personal property under the rules. Is the
802 SC which allows the issuance of search warrants in special description here particular? The court said Yes, when is that
cases by the RTCs in Manila and Quezon City. Among the word () particularity complied with when the description therein
special cases are those pertaining to heinous crimes, what was the as specific as the circumstances ordinary to allow. Now that you
heinous crime here is the murder. Extrajudicial Killing is are guided of what is the crime here murder, alangan naman
considered as murder. Because of that, using the administrative, mangita ka dira ug whatever, bodies sa iring because its murder.
this circular, pwede sila ma apply in the RTC in Manila or QC So when the.. Court said here required particularity was already,
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was met. Now what about the last issue on the violation of the
one specific offense rule, why what did the judge do here? Six Now the issue here are the seized items admissible in evidence,
(6) count, six counts of murder tapos one (1) search warrant, Is the question here the validity of the warrantless search and the
that allowed? Is that one specific offense na six man kabook warrantless arrest. Take note that it again, you conduct a
murders ang gicommit. The Court said that there is no violation warrantless search and seizure, you have to prove as a person
of the one specific offense here because why? There is a proving na valid to that it fall the arrest or the search was done
jurisprudence that search warrant that have several count of a under the exceptions to the rule. As the general rule, it is settled
cerain specific offense does not violate that rule. Meaning kung that the arrest and search can be done without any warrant issued
ang offense nimo dira kay murder even if 1000 counts na it is by a competent judicial authority. What is the effect if maviolate
still murder. Therefore, the several counts of the offense here na nimo na rule? Evidence of thing violation is inadmissible in
kadtong sa jurisprudence () impeachment even if daghan siyag 20 the purpose of proceeding. One of the exceptions to the what, to
counts is not confuse with the number of offenses charge. Malahi the requirement of kailangan kag mag secure of search warrant or
ang, ma violate ni siya if sa isa ka warrant kay naay theft, murder illegal search is the search of Moving vehicle. Why is it allowed?
so dapat one offense even if it has multiple counts as long as its What is the rationale for the, ngano allowed man ang pag search
one offense. What is the purpose so that maguide ang policemen sa moving vehicles? It is according to the, we will discussed this
kung to get the things that are related to that one specific offense. exception to make the cases here, we are introduced to this
So the Court here sustained the validity of the search warrant. concept as one of the exceptions. Why is it allowed? Why is it an
In People v. Breis, this involves a warrantless search and seizure exception because it recognized of that fact of mobility of
which was conducted first and then after giconduct tong search securing the warrant under the circumstances. In moving vehicle
kay giarrest tong gsearch kay because naay nakit an na is very mobile, for you to go to the Court, naa kay knowledge ug
contraband in his control. Here Breis, the accused he was char.. naa kay illegal contraband,whatever in the vehicle, dili lang, it is
And his kauban, Yumol, they were charged on the violation of no longer practical for it to go to the court to ask for a warrant by
Comprehensive Dangerous Drugs law. Why? What happen? The that time na issue na abot nato siya sa iya destination so wala na
PDEA here was tip by, was tip by information that the accused siyay point. So that is why it is considered as an exception
here, 2 people were bound to transport a box of marijuana from therefore you can effect the warrantless search and seizure of a
Baguio City to Pampanga and because of that tip, they, the moving vehicle. As the general rule how do you do that? It is
policemen here created an incumbent team for the accused. So only limited to a visual search , visual inspection dili pwede nga
when the reach the bus terminal, they pretended to be passengers na mag search of moving vehicle lungkabon tanan inyohang
and then the policemen rode in the bus and observed the two compartments but exceptions to that rule is that if there is a
accused here na fit sa appearance na information na gihatag sa probable cause so that is the exceptions. Probable cause of the
ilaha and then they saw the box placed in between the legs of searching officer.. to a probable cause that a crime is being
Breis. Now hapit na mapuno ang bus, anyway, so while the, one committed ().In vehicle subject to a extensive search and its
of the policemen here stood near one of the accused and asked constitutionally permissible if the officers make it upon probable
kung unsa daw tong, kung naa ba tong box and one of the cause, meaning upon on the () reasonably arising from the
accused suddenly stood up and tried to leave but before he could circumstances , from the moment the officer that an automobile
do so, a policeman blocked his way, confronted now possibilities or a vehicle when an item or an object subject to seizure or
and asked what is the thing in the box. Again they tried to flee dysfunction. So kana for example mo agi ang bus didto sa unsa to
but they were able to, the policemen were able to apprehend sa panabo and then nisulod ang mga sundalo na naay baril , ang
them and later on they were inform the they violated RA 9165. uban kay ginapa gawas except the elderly and the women is there
Giopen ang box para test and they, it was found out that they tenably challenge? Well you can but pwede siya mahulog sa
contained of marijuana. Trying the convicted the accused, an on exception because probably there is a probable cause for them to
appeal in the CA affirmed the jurisdiction. make an extensive search because of (inaudible) etcetera. So as
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long as this searching individuals can establish kay gihimo gud in the government's appropriation of such abandoned property
tong extensive search upon the probable cause then the search even if there is no warrant. What about their arrest was it valid?
would not be invalidated but as a general rule, kung walay Definitely because after they were search or conduct of search
probable cause they are limited to a visual inspection. Anyway diri nakita ang contraband gitulak pa gud ang policeman, the
going back to the search of a moving vehicle here, the Court said Court said here that valid ang warrantless arrest because under
that there was probable cause in this case effect before the the In Flagrante Delicto application.
extensive search because of the tip received by the officers here
before the search was done. Take note warrantless search siya but In Ogayon vs People, here we have again a drug case. It was
giapply sa SC ang exception, plus naa pa gud probable cause prove here in the prosecution that the policemen here went to the
therefore pwede ang extensive ang search. Note here the tip that house of this Ogayon to enforce a search warrant already
the vehicle was carrying prohibited drugs. What else aside sa acquired, it was a seizure of shabu and drug paraphernalia in the
probable cause na naa because of the tip, naa pa gud probable house of Ogayon. So nisulod sila didto and they were able to see
cause because of reasonable suspicion of the behavior of the naay pot session of what they have and the police restrained the
accused here. Gpangutana lang gani siya imoha ba ng box ni people and they search the house among others they found there
dagan dayon so that is already very suspicious. What else the and because of that gipangarrest ang mga tao and charge the
Court noted that it is very unnatural for the one of the accused violation of the law. The RTC render the decision convicting
here to leave here in this case because the bus was already full. them with the charges. Upon appeal to the CA, it was the first
Now take note in one case the Court said that if People v. time that Ogayon, the accused, questioned the propriety or the
Aminnudin, the Court said that it was not unnatural, meaning it validity of the search warrant. For him it was improperly issued
was valid for the accused here to leave the bus based on the daw. The CA rejected that argument because according to CA
because to all appearances just like any other passengers belated na imong objections to the validity of search warrant
disembarking from the vehicle. In People v. Aminnudin, there because of your belated assertion of your right then it is
him because he did not do anything just leaving the vehicle. the CA correct in stating that Ogayon has waved his right in the
Here, it was unnatural daw for one of the accused to leave the legality of the search warrant because he only did it on appeal ;
vehicle because the bus is already puno. It would be natural na 2.) was the search here irregular and therefore the items are
dili papuno ang bus pwede paka mangihi or whatever but here inadmissible or also if the search warrant was defective. The
puno na ang bus nganong mohawa paman gud ka. Appellants Court here acquitted the accused. Take note there was a
were attempting to get out of a bus that was about to leave the discussion here in the history of the right kung asa siya nag start,
terminal, and not one that had just arrived. What else daghan in what constitutions siya nakabutang so since time immemorial
kaayo circumstances here that the SC found out nga valid na na naa ni siyang right of against unreasonable search and seizure,
gihimo na search kadtong physical pushing ni Breis sa isa ka in fact it is protected in the international covenant under on civil
considered as a violation of Article 151 of RPC, resisting arrest means that this right is very significant that the courts must be
police officer, they can effect a warrantless arrest and od a search preservation of this right is required of the probable cause to be
about abandonment, abandon articles may be lawfully search and constitution and the rule, there has to be a personal examination
happened here, they left the box which is considered abandoned. writing under oath to the complainant and its witnesses. Ogayon
The articles were abandoned and that there was nothing unlawful questions here that there was a failure to attach to the records the
depositions of the complainant and its witnesses as to the
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examination of the judge here done on the applicant of the search Another important issue here is the alleged waiver of
warrant. Wala naka attach didto sa records unsa tong nahitabo na Ogayon’s right here. The Court said that the treatment of the CA
proceeding in so far as search warrant is concerned. This in supports of the waiver done by Ogayon is distressing. It
questioning at the outset na wala gud siguro nahitabo diri na prioritized, the CA prioritized compliance of the procedural rule,
proving of personal questioning of the judge. The Court said meaning the pririotized the CA ang fact na wala nay time limit
here that this failure alone, failure to attach by that on that score ang objection which is a procedural requirement rather than
is not enough to invalidate the search warrant as long as there is prioritizing substantial right of this accused to be protected
still evidence to prove na searching questions or the judge against unreasonable search and seizure. Procedural rules cannot
personally examine the complainant and its witnesses. Why that be diminish nor modify substantial rights. So the rule here the
failure to attach is is in itself why it does not qualify the warrant, courts should indulged every reasonable presumption against a
its only procedural rule. What is required to the constitution is waiver or fundamental constitutional right. So take note, kung, if
again when the judge examine the witness. How do you prove na the State want to prove ahh to show to the Court na giwaived
gi examine sa judge ang applicant pati na ang iyang mga nimo imong right its not for you to prove na valid ang waiver, it
witnesses if there is no ()? The Court said if the warrant solely is for the State to prove that there is waiver in the first place.
upheld if the evidence in the records that the requisite of the There is no presumption that you made a waiver (?)
examination was made, the probable cause will based therefrom, constitutional rights to be laid out against you. Here the only
thereon. There must be indirect () particularly facts and evidence that Ogayon’s waived his constitutional right was his
circumstances will be considered by the judge as sufficient to be failure was his failure to make a timely motion or objection
concluded mandate () of the existence of the probable cause. during the trial to quash the warrant. The Court said that his
However in this case, number 1.) wala naka attach ang kadtong failure alone is not sufficient to prove that Ogayon clearly,
transcript ana ang SC okay lang but when the () further in the categorically, knowingly, and intelligently made a waiver. What
records , the Court found out that there was nothing in the about his timely objection requirement under the rules this is
records indicating that the judge here personally and thoroughly again a procedural rule established by jurisprudence but
examine the applicants and its witnesses. So the none attachment compliance or non compliance of this requirement should not in
() pagtanaw sa SC wala gud diay siyay gihimo nga searching anyway diminish constitutional guarantee. Search warrant
questions, walay examination nahitabo didto sa police station so complied with the probable cause. He was acquitted here
again, the non attachment of the transcripts ruled () the Court can
justify that naay other facts and circumstances na mapakita ang In People vs Posada, spouses Posada was found guilty
judge searching the personal questioning but here that part was in the RTC for illegal possession of shabu. Now the RTC found
not also shown. What about the argument in the search warrant the search warrant which led to be an immediate arrest here it
itself is that the judge was satisfied after the validation that there was valid and also the court filed the() requirement and complied
was probable cause, the Court said absorbent aside from the it plus the CA, (?) by the accused here added any question in the
statement from the warrant itself, there has nothing in the records validity requirement was closed by this resolution of the trial
proven that the judge personally and thoroughly examine the court denying the motion to quash the search warrant. In other
applicant. What is the effect kung walay ing ana meaning how words, in the motion to quash the search warrant, gi question na
could a judge determine probable cause kung wala siyay ni accused ang whatever happened to the validity of the search
complainant ug wala pud witness na magsupport sa application. warrant because of the denial of the motion of the CA closed
The absence of that evidence will conclude that there is no nana siya na matter. Here the Court said that the () search warrant
probable cause to issue the search warrant in the first place there was valid in the first place. It () with the statement that any
is now therefore a fundamental flaw in the warrant itself. question in the validity in warrant disclosed by the resolution of
Therefore because of this the warrant was declared a nullity. the authorities which was not given anymore ways by them in
this proceeding and also the initial finding of probable cause is
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given presumption of irregularity, it is not something can be warrant particularly 1.) The approval of PDEA director general;
satisfied easily. We should not be bother by the judge personal 2.) RTC, the RTC of Manila according to the search, issued a
examine the applicant’s (inaudible). Another question was the search warrant because the place to be search is outside its
place specific enough in this case? The Court said Yes, a place is territorial jurisdiction. So we have issues again which bring us
specific is if the place to be search describe is sufficient enough back to circular AM 03802 SC. Does it fall, does the case here
that the officer can with reasonable effort (?) and identified the fall under the circumstances (inaudible) kung mag fall siya, you
place () and to distinguish it from the other place in the can apply for a search warrant in the court of RTC of Manila and
community. Quezon City to be enforced or apply in localities outside these
courts. So unsa diay nakabutang diri, the executive judges of the
In People v. Punzalan, we have here again a drug case RTC, RTCs of Manila and QC shall have the authority to act on
violation of the Comprehensive Dangerous Act. The enforcers the application filed by NBI etcetera for violations of among
here applied for a search warrant in the RTC of Manila issued by others the Comprehensive Dangerous Drugs Act. So that’s what
Judge Peralta in order to make a search. Anyway,so there was happen here because the case () diri sila nag apply sa court, RTC
this application for violation of .. So Judge Peralta again balik na Manila. What about the requirement of the approval of the PDEA
pud siya diri , suki kaayo siya , in Davao case and now here so sa director general, according to the spouses here kay wala may
iya g applyan ug warrant for what violation of Comprehensive giapprove sa inyong director general. The provision provides that
Dangerous Law, kaganina Murder. Anyway, so the search the application shall be endorsed by the nets of such agencies so
warrant was to search the house, premises of Gerry and Patricia director general or the respective rulings of the highest officials.
Punzalan and since there are three houses in the structure inside So the highest SC it was, there was this endorsement done by the
the compound believed to be occupied, the sketch on the comprise officials even if dili siya PDEA director general since
compound was attach to the search warrant. So nag secure silag allow under the rule then valid siya. Because the accused here
search warrant, they had to implement it where did they where claims to show that the application was not approved by the
was the place to be search in somewhere in Pasay City. They PDEA dili lang director general in the first place. Does the RTC
were aided by the Baranggay, certain barangay officials. Now Manila can issue a warrant? Yes because of this administrative
when they were inside ahh they were outside the house of the matter in the circular. Now what about the requirement () to
Punzalans, they knock on the door and the woman here inside Section 8 of Rule 126, gi question ni sa spouses that the search
gihinay hinay hiya ug open gichek pa niya so slightly open the was done in the house wala daw sila kauban na barangay official
door and when the policemen here introduced themselves as nagpatabang ang policemen diri ug mga barangay but the search
PDEA agents, gisirad an ni patricia no ang balay but she was was conducted wala daw sila nagkuyog and this violates Section
unsuccessful because the PDEA agents pushed the door open and 8 of Rule 126, No search of the house, room etcetera shall be
they are able to enter the house and nag search sila because they made except in the presence of the lawful occupant thereof or
have a valid search warrant. In the course of the search they were any member of his family or in the absence or the latter, two
able to retrieve sachets, () or shabus. Based on the search as well witnesses of sufficient age and discretion. Just reading that
as the items taken from the house pursuant to the search warrant, provision Makita ang pagkamali sa ilang argument because the
they were charged with and convicted the violation of search was done in their presence if with their presence, there is
Comprehensive Dangerous DRugs law and one of the findings of no need for the presence of other 2 witnesses so because
the trial court here the issuance of the search warrant here was nakabutang sa provisions or in the presence of the lawful
valid. Now among the questions because their conviction was occupant thereof or any member of his family or in the absence
accorded to the CA is the validity of the or the admissibility of or the latter, two witnesses of sufficient age. Even if the barangay
the evidence against them. They were assailing that the validity officials were not presence in the initial search, the search was
of the search warrant because according to the spouses here the witness by the accused appellant themselves hence there was a
warrant did not complied with the requirements of the search valid search because the rule of two witnesses of sufficient age
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and discretion residing in the locality applies only in the absence possible na ma contaminate ang substance kung wala to na
of either the lawful occupant or any member of his family. inventory kadtong photograpgh dako ug chance na dili diay to
So for our last case for tonight is Lescano v. People, dots and on the course didto na ipangalisdan that is why it is a
violation again of Comprehensive Dangerous Drugs Act. RA protection protected by the law and there has been a strict
9165. Lescano et al they were charged with illegal sale of drugs. compliance requirement. In this case, it was not prove that the
What was established here was a By Bust Operation conducted inventory was evenly other than the markings done by the
for them. So nag puesto siya in that place na naay pusher buyer , policemen here. Notice how the inventory was made, no
nag ask siya unsa ang baligya marijuana how much was it, how photograph of the seized items under hospices of RA 9165. The
much the buyer will need to buy tapos ang transaction naghatag Court cited this jurisprudence applying in this case so because of
ug money na mark bill after that the policeman give the signal that seemingly wala na establish ang chain of custody and
giapprehend siya the gisearch. Now an inventory was allegedly therefore
conducted in photographs marked money and the sachet were the accused
taken. Pursuant to the items gather on this persons, he was here is acquitted.
charged with the offense and he was eventually convicted. The
CA affirmed this decision. What happen here? The SC acquitted
him why? 1.) wala na prove ang , wala na tarong ug prove ang December 14, 2017
chain of custody well as so far we are not concerned of that. We Ruben Escurzon
are concerned here as to the search. The purpose of omission of
the sale of drugs, the sale itself and so before he can prove that Discussion on search warrants. We learned that general rule
ma prove pud nimo nga kadtong drugs na gibaligya sa imoha ni before you continue to a search you have to secure a search
undergo siya atong chain of custody requirement. One of the warrant before you can obtain the evidence pursuant to the
requirements under the law and has to be strictly complied with search, evidence that has been retrieved or acquired presumably
is the conduct of the physical inventory, the photographic of the valid search warrant otherwise, search without the search warrant
items seized confiscated. Under section 21 of the law RA 9165, it would be considered unreasonable against the constitution
is in the inventory the photograph shall be conducted at the place evidence would not be admissible evidence.
where the search warrant is serve or kung walay search warrant
at the nearest police station or the nearest office of the The cases assigned to you, the case of Petron LPG vs Taft here
apprehending officers in case of warrantless seizures. Now here there was this alleged violation BP, illegal refilling of this LPG
take note in the discussions under this provisions there are two Tanks without the permission of operation Shellane, Pilipinas
acts that must be done: Physical inventory and Photography ang Shell, Petron Gasul, Caltex. Before you can refill their tanks, naa
kung asa nimo siya gido it depends if there was a warrant. If pay permission from them. Because of this allegation/retaliation
kung naay search warrant, the inventory and the photography of this law, surveillance operations were done take note wala pa
must be done at the place where the warrant is searched. If it is sila nag execute sa ilang search warrant. Before they acquire they
through a warrantless search kadtong kaganina nearest police search warrant nag conduct silag surveillance on the premise.
station or nearest office plus in the conduct of this inventory and Nag unsa sila sa area na gireklamohan noh na gipangiyahan
the photography, there must be three persons to be present in the aning mga Ang. So the enforcers here examined the place and
conduct during the (inaudible). Here it was not proven that this was found out that they had no certificate or permission from the
procedure was done. The mere marking of seized paraphernalia operations to do that activity. Now pursuant to that knowledge,
unsupported by a physical inventory of taking of photographs they went to the RTC to secure a search warrant para makakuha
and the absence of the persons required under section 21 of the silag evidence na valid/admissible in court. The RTC propounded
law, it would not suffice. Why? What is the rationale nganong searching questions to which the applicants provided and
strict man kaayo ang observant of this requirement because it is
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eventually the RTC issued a search warrant, pursuant to the same person who applied for the warrant here. The court in that
search warrant the refilling plant here was searched and several case sustained the ruling of the search warrant. Preliminary
items were seized. Now, and tag iya sa plant went to the court investigation. Anyway, illegal refilling or under filling may be
and questioned the warrant and motion to quash the search prove by conduct of surveillance operation, so the case being
warrant, arguing na wala daw na issue na consistent with the practically identical in the case of (inaudible) then there is
requirements under the Rules of Court of whatever is required for binding. again the lack of personal knowledge, the court said
a search warrant particularly probable cause. The Court agree facts discovered in the surveillance activities adapted by the
with the owner of the store because according to the Court siya applicants on the basis of information and evidence this
mismo ang nag issue but later on ang iyang ingon is that the constitute personal knowledge which form a basis for the
acting (inaudible) did not have personal knowledge that the issuance search warrant. Take note noh wala nila dayon gi
distributors here were not authorized to do that activity and no applyan ug search warrant nag surveillance sila, using the
member or representatives or the complainants here were knowledge they got went to apply for search RTC ug search
presented to substantiate the allegations of the applicants of the warrant issued based on probable cause the Court validated the
search warrant. On appeal on the Court of Appeals it sustained issue.
the decision of the RTC to quash the warrant, why the Court of
Appeals declared that the testimony they made before the Court In similar case of uybanda vs people, the authorities here was
when they applied for the warrant was furnished to them, made notified that there is financial fraud daw. Before they went to
by persons presented to them, meaning dili sya personal secure the search warrant nag conduct silag surveillance
knowledge, hearsay ilang gi ingon therefore walay probable activities in this Visayan Forum Foundation, unsa diay gnabuhat
cause na makuha from that. Now for the SC is asked are the aning Visayan Forum? They are getting funding from the USA,
warrants invalid, the Courts said yes the warrants here are valid. charitable institutions using falsified documents siguro
What are the requisites again? Probable cause crime is commited, ginarepresent nila that they would be using the money
objects pertaining to the offense commited, number 2 determined conducting seminars etc pursuant to their mission. But
by the judge personally by him through questions directly apparently, when the NBI agents here went to the place wala pa
incumbent to the witness through mere competence. The silay warrant so dili sila pwede ug gamit tan aw lang nila ang
applicant/witnesses must testify the facts personally known to activities and they and were able to confirm that people here
them and the warrant must be specifically state the place to be were falsifying documents, fabricating documents and official
searched and the things to be seized. The court said that there is receipts of purchase of goods and services. To justifice the
probable cause why? Unsa ba ang definition again of probable expenses covered by the USA funding, nakita nila mismo noh
cause? Its not something the quantum of evidence, it is infact the pag type gi unsa nila pag type makakuha lang ug money from
lowest there are 5 levels. The lowest being probable cause, this agencies. Because of this knowledge they now went to the
substantial evidence, preponderance of evidence in civil cases, RTC to apply for the search warrant that is just to number 1 to
clear evidences,finally proof beyond reasonable doubt validate the search, and karon pwede na sila maka adto didto para
(inaudible). Probable cause is the lowest in the ranking. It makakuha sila ug items/ evidence against these people. The
requires less evidence justifying, what is required is that the alleged Inc. was in violation of Article 172 of the RPC they were
person that determines probable cause must consider the using happy/controlled possession falsified documents to defraud
(inaudible) available to him. Now to prove the illegal training owners of USA establish prejudice mentioning the trial court
and (inaudible) here naay certifications to apply for the warrant issued the search warrant based on probable cause, using the
sila mismo nag testify kung unsay nahitabo sa refilling stations, warrant the NBI implemented and searched and seized more than
the Court said it is already considered personal knowledge 30 boxes of documents as well as computers etc. of this Visayan
because they themselves saw what happened in the area. The Forum. Now Visayan Forum questioned the validity of the search
court cited here in the case of (di masabtan) Pimentel case the warrant as well as the admissibility of the evidence they argued
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that the issuance of the warrant was void because there was no moving vehicles can be moved easily from one locality to
probable cause. It was denied by RTC, so the case went to the SC another, it would be difficult for the officer to obtain the warrant
with the same question, the Court here sustained the validity of or search the vehicle because it could be gone by the time he gets
the warrant, take note there was an extensive quotation here in the warrant. Even if mu ingon ka complain ka na all you did was
the transcript of records kung unsay nahitabo when the applicant search a moving vehicle you have to comply with the limitation
here applied for the warrant before the court. This is consistent of a search of moving vehicle. Now does it mean maka claim ka
the propounded questions here procedure done is consistent on ug exception pwede naka muabot sa point na bungkagon nimo
the requirement of the judge must conduct a full and searching ang sakyanan. The limitation here before a search of a moving
(inaudible) of the complainant as well as his witnesses, searching vehicle, number 1 the vehicle may only be stopped at a
questions propounded to the applicant must (inaudible) discretion checkpoint, subjected to the visual search only so limited search
of the judge ipakita jud based on stenographic notes that the lang dili pwede mag open bags ug compartments etc. unless you
Judge here extensively interrogated the agents who applied for a consent to it but if you do not consent to it you cannot be forced.
search warrant. They were able to really move around the For example a security guard in SM ask you sir I open imong
Visayan Forum premises, they laid out the building and located compartment what is your basis ofcourse Bill of Rights are you
the documents being also a preliminary before they applied for correct? Ofcourse not because it is a private individual you can
their warrant. Clearly here the Judge, conducted a personal only raise the Bill of Rights you can only raise that against the
examination to the applicants and their witnesses and based on State. So here kana mga checkpoint na ginabutang sa police RV,
that there is probable cause that should arise. tapos ilahang pangumprahon ang mga compartments etc as a
general rule that is not allowed cause again the search is limited
So we are done with our discussion on that, we now learn the to visual search only. The police can also flash a light in the
general rule before you can fully search with a warrant. And the vehicle. Now mao na ang general, but can extensive search be
effect if the general rule is violated. Ofcourse if there is a general done? Yes, as an exemption if there is probable cause to the fact
rule there will always be exceptions. Here in your syllabus we for a more extensive search, what is this probable cause?
have 10 exceptions, valid instances for warrantless searches and Probable cause (inaudible) circumstances that would guide/alert
seizure, in other words even if wala kay search warrant you this searching officer that the car/vehicle contains contraband of
search ,you get evidence can that evidence can be used against illegal items. For example naay tip information nga muagi ning
you provided that there getting the retrieval of these items would certain vehicle, described etc. Now pag agi sa checkpoint pwede
fall under 1 any of the valid instances where valid warrantless na na sya I inspect thoroughly because there is also a probable
search and seizures may be done. cause on the inspecting officer on doing an extensive search.
What are the examples of an extensive search which cannot be
We start with the first of the search of moving vehicles, last done unless there is probable cause? Inspection other than visual
meeting gi discuss na nato ni sya. Remember the case over the inspection opening compartments or ordering the passenger to
policemen tapad sila atong suspected carrier of the drug and they align with the car that is already extensive. The bus checkpoint in
asked the person they were already in the bus, wala pa siya nag Panabo, the soldiers could probably have probable cause to
dagan so gi ask nila personally the two people here attempted to defect a more thorough search for terrorist. Probable cause can
flee and pushed 1 of the policemen etc. Now one of the also be determined through again get information that a
discussion by the SC there it validated the conduct of the search contraband is being transported or if makita nila na that the
even wala silay search warrant because it was a search done in a person is acting suspicious siguro nanguros or nagkurog kurog
moving vehicle. sya when being searched that there is something suspicious that
Now we go extensively to this exception, as we also learned would alarm the searching person. Pwede niya ma justify and
yesterday a search in a moving vehicle is justified because of its probable cause ofcourse it is in the case to case basis is not
practicality. The search is considered an exception because always a fixed formula.
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done, was there probable cause to effect an extensive search on
For example here we have several cases na na prompt ang mga the vehicle? The Court said yes and why because of the
policeman of many checkpoints that vehicles are passing through confidential information given to the police prompting them to
that could be carrying contraband. The court said that the create this checkpoint, number 2 they flagged the vehicle down
extensive search done on this vehicles where contraband was and identified it but the vehicle didn’t stop forcing the policeman
found is considered valid even if it falls under belief, search of a to chase it. Mao to siya ang probable cause to validate the
moving vehicle is an exemption pwede pajud sila mag conduct extensive search done in the vehicle. In fact, in jurisprudence, a
ug extensive search because this enforcers have probable cause to vehicle didn’t stop in the checkpoint and try to evade the police
conduct the extensive search the vehicles because of belief. is considered de facto in determining probable cause to justify
the reasonable belief that the persons on board were committing
Now in (case) 18:15 maredo, like we said earlier there is a tip crime or the vehicle contains illegal things.
here that a certain vehicle would pass through a certain highway
naay checkpoint, the information states that this vehicle would be In the case of People vs Tuazon, there is violation of Dangerous
carrying items in violation of Forestry Reform Code of the Drug Act of 1972. It started with a confidential information that a
Philippines. Here it was alleged that the vehicle would be Gemini Car specified plate number pati ang time would deliver a
transporting pine lumber without complying with the specified amount of shabu in subdivision in Antipolo City,
requirements of the law so because of this information from a because of that tip the policemen went to the are to conduct a
confidential agent that a jeepney with a plate number here as surveillance and when they saw this Gemini Car they
specified. The policemen swiftly established a checkpoint immediately flagged it down, now they stopped and they did
somewhere in that highway and spotted the jeepney and they visual search gipa open ang window para maka storya nila ang
tried to stop it but it did not stop. So ni diretso, didto palang driver, (inaudible) now when they saw the driver in his waist a
suspicious na ginabuhat aning mga tawhana so they chase the gun tucked, when the police saw the gun they inquired about it
jeepney until it stopped. So unsay naa didto the officer found and the person who had the gun replied it did not belong to him
pieces of lumber under it and the driver (inaudible) permit to and did not present or produce any pertinent document related to
transport that lumber because of that they were arrested by the that firearm, before you can process a firearm you need certain
policemen charged with the violation of the Revised Forestry documents to carry. Otherwise that would be illegal, because of
Code. One of the things done by the accused here is to suppress that fact the police ordered him to get down for the car, naa nay
the elements meaning dili na pwede I admit in court because the presumption here that he is violating law, as he stepped down
search done here is invalid because of that invalid search of from the car another policemen saw 5 sachets of shabu out of the
evidence na makuha ninyo is considered illegally seized thus driver’s seat. Eventually after that he was brought to the police
inadmissible evidence. Are they correct? The Court said no. station the shabu was identified (inaudible). He was charged and
Why? Because here even if the before an extensive search was convicted of the offense. He is now contending that at the time of
done to the vehicle wala jud gitan aw jud nila ang his warrantless arrest he was merely driving a car in his
truck(inaudible) it is warranted in the circumstances because of subdivision, he was not committing a crime which would have
the fact na nidagan ang vehicle it is more than probable cause to justified his arrest and there was also no consent on his part to
effect a more extensive search. As a general rule again, before validate the search. Can the items be seized/valid evidences?
you can do a search you have to have a search warrant exception Yes the court said, valid ang pag admit sa court/convict based on
to the rule is the search of a moving vehicle. Now if you want to the evidences gathered, the general rule again is that you need to
fall unto that exemption your limitation is to the initial search but have a search warrant exception to that rule is a search of a
the exception to that general is that if there is presence of this moving vehicle. The Court explained why it is required for the
probably cause to effect a more extensive search. Here the search purpose of practicality. Now just because policemen are allowed
involve a moving vehicle where a warrantless search may be to search moving vehicle it does not give them discretion to
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conduct warrantless search again limited lang ang prohibition probable cause that effect the search. The court said that the
search unless you can prove that there is probable to do a more search here is lawful why because nahulog siya sa exception to
extensive search. What was the probable cause that more/less the general rule which is a warrantless search pursuant to search
validated the search done on the vehicle? Number 1, naay tip of a moving vehicle. Justification because of the mobility of the
information from confidential agent that there would be this vehicle it makes it possible for the vehicle to move outside the
Gemini Car in its way to deliver drug, bantog naa ang mga pulis locality in which the (inaudible) must be solve. And also
didto in the first place because of that tip, Number 2, naa pajuy in practicality it has been developed as one of the exceptions. Here
their presence gacommit pajud ug crime katong driver because he (inaudible) which carry the contraband which was about to leave
has in his possession tucked in his waste an unregistered firearm therefore the policeman here even if he did not have the search
ug wala pajud syay permit to carry. When they stopped the car warrant he had to make a quick decision and act fast and in that
they saw a gun tucked in his waste no document was blah blah in instant there is no need for him to secure warrant because it
that instant they saw the packs of shabu this circumstances are would be useless. It would be unreasonable for him to secure
enough to establish probable cause not only for the warrantless warrant before conducting the search with the circumstances in
search and the admission of the evidence against him. Was there the situation. What was the probable cause that allowed him noh
waiver here? The Court said that he failed to find the (inaudible) to go inside this jeepney to search for the bag because of this tip
the evidence against him. Take not however in the case we information/confidential information that marijuana will be
discussed yesterday that the waiver is not easily (inaudible) it has transported from this locality to another.
to be proved by the party alleging that the waiver exist because
we are here talking here of a waiver of an incremental right. We are done with a search for a moving vehicle.
Anyway the (inaudible) invalidated the delated na ang objection
of the accused/appealant to the admissibility of the evidence, take Another exception to the requirement tong kailangan ka magkuha
note of the case we discussed before na just becaused delated ang ug search warrant to validate a search is that the search incident
imong pag object it does not automatically mean that it is an of a lawful arrest. What does this mean? This means that in the
admissible evidence. first the arrest must be lawful? Number 1 if you have a warrant of
arrest number 2 if ma prove nimo that kung wala kay warrant
In People vs Maragos(mali ata ng Maragos) it’s the same thing you are doing a valid warrantless arrest. Now if ma validate nimo
naay secret agent diri nag tip sa mga policeman that there would meaning there is validate arrest, the search done incident to that
be a baggage of marijuana to be bloated in a passenger jeepney to lawful arrest would be valid even if wala kay search warrant
be in a certain place. The policemen boarded the jeepney and because it falls under this exception. What is the rule so far as
positioned himself on top of the box which contained the this kind of search is concern? What do you need to take note
contraband, when the vehicle was in motion he saw the backpack off? The search should be done contemporaneous to the arrest
deep inside of its pockets in it found trace of marijuana. Now meaning simultaneously, in fact in cases the Court has held that
niabot na siya sa iyang destination he did not notice about the the arrest must precede the search so I arrest nimo sya bago I
black backpack later on gidala na siya sa by two women, one of search. But also in instances sabay, contemporaneous to the
the women upon pag detect nila gi bitbit nila ang bag one was arrest ang search as long as incident siya to the lawful arrest to
able to run away and one was apprehended. At the police station the search dili pwede magdugay paka, gi arrest nmo siya then
they apprehended katong babae gi open ang bag where it was two weeks later gi search nimo sya it no longer falls under the
witnessed by (inaudible murag nag rap) later on it was exception. Number 2 the general rule is that you search only the
discovered bricks of marijuana, charged diri ang babae violation person or in the premises in which he has immediate control over
of Dangerous Drug Act. Ofcourse she challenged the so that’s the limit of your search except if the (inaudible) applies
admissibility of the search as well as the admissibility of the that’s another exception of rules well discuss that later. So dapat
search gi question karon sa accused ang propriety unsa ba ang contemporaneous ang search or the arrest must precede the
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search and that the search must be done on the person or the didto just so that convenient for them to issue citation ticket and
place he has immediate control. There are cases here in the SC gi while inside the station. While inside the station what happened?
arrest nila without a warrant and then gi search nila without a (recit)
warrant the court did not valent the warrantless arrest/search What was that important item here? (container of shabu)
because the place searched of the officers is no longer in control (recit)
of the person arrested.
Plastic sachet nakita ba nila sa iyang jacket? Where was the
For example here, People vs Musa where the incident arrest took shabu located? So gi issuehan siya ang ug citation ticket by this
place in the sala of his house but they were looking in the house traffic enforcer and then he noticed he was an uneasy and
they found a plastic bag in the kitchen which they opened and because of this nag duda na siya nahadlok sad siguro sya basig
found therein marijuana, the Court said that search is not incident sumbagon sya or whatever that is why gi ingnan sya to unload
to a lawful arrest because the marijuana here was not obtained in whatever was in his jacket gi guwas niya kaning container,
the person of the accused or in the place where he has immediate because it was not visible to the policeman he have to ask him to
control so they have to look for another exception para ma valid have to container out so pag guwas niya gipa open niya kay Cruz
tong admissibility atong marijuana but definitely not incident of a and nakita na plastic sachet containing of suspected shabu.
valid arrest exception. Because of this he was charged with Illegal possession of
dangerous drug using the evidence acquired in his person. Now
Another case Valeroso vs CA, he was arrested by virtue of a Cruz is questioning the admissibility of evidence against him for
warrant of arrest so gi serve sa iya ang warrant for kidnapping several reasons. What is the exception claimed here? Diba as a
daw with ransome at the time he was sleeping at a boarding general rule gihimo ang search diri without search warrant. What
house he was awakened by police officers who were armed, now was the exception made by the State here to prove na valid ang
gi dakop siya sa bedroom and what the policemen did here is that warrantless search what was the first exception claimed by the
they ransacked the locked cabinet where they found firearm and State? What kind of search was it na exceptional?
ammunition. Is that (inaudible) of admissible evidence? The (recit)
Court said, no because that cabinet locked pajud is not Warrantless arrest of a lawful arrest was this used by the Court?
something/area within his immediate control because there was
no way for him to (inaudible) evidence that would (inaudible) it’s Nganong dili mag apply ang exception na lawful arrest?
a tactical purpose, nganong gi buhat ni na search incident to a No intention of the officer to get him.
lawful arrest. Number 1 to protect you as a law enforcer tungod
basig naa syay mga grenades dira or kutsilyo, immediate control There was no arrest here, an arrest is the taking of a person in
what if gibaril ka niya but here locked ang cabinet which is custody in order that he/she may answer to the commission of an
beyond his control and also beyond the purpose/premise why a offense it is done generally by restraining the person to be
search incident is taken in the first place. arrested pero naay instances na kailangan before siya it is enough
for a valid arrest to happen that there be intention in one of the
We have an interesting case here Cruz vs People, pertaining to an parties to arrest to other and the intention of the other party to
arrest/apprehension of Cruz submit under the belief that submission in necessary. The Court
find out walay intention si traffic enforcer for a traffic violation
Take note of this case. why was there no intent here? The purpose kung ngano niya gi
(recit) flag down ni si luz because naktia niya na wala siya nagsuot ug
helmet and so gi flag down sya to give him a citation ticket and
So take note noh somewhat here traffic enforces saw Cruz not to arrest to bring him to a police station. In the station does
driving without a motorcycle helmet (inaudible) gisulod niya siya not that tantamount to an arrest? Gidala sya didto kay mas
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convenient I issue ang citation ticket so wala siya g arresto didto the place inside the house they found this ambre castro Mendoza
lang jud niya gisulat ug didto lang pud niya na discover tong pot session because of this they were arrested and later on items
contraband without a search warrant so the Court said it cannot were confiscated and marked for examination when it was
fall under the exception of search incident of lawful arrest determined that it was shabu. Questioning the propriety of their
because in the first place there was no arrest. Does this mean you arrest or search is the arrest here which is done here valid is the
can no longer be arrested for a traffic violation? Not in all search valid? The arrest is valid the search is also valid why is
instances that when you violate a traffic law it does not mean you that? Because it fell in the exception. Anyway before we proceed
cannot be arrested anymore what is peculiar in this case there to the discussion, take note of the doctrine here, the fruit of a
was no intent to arrest because ang intent lang sa traffic enforcer poison of a poisonous tree this is a fancy term of exclusionary
is hatagan siya ug citation ticket. There was no valid arrest/search principle. Where imong evidence nakuha come from an illegal
done on his person incident to a lawful arrest. Thankyou source done pursuant to unreasonable search and seizures, this
( hahahaha) rule is not absolute, one of the exception among which is the
search incident of a lawful arrest the arrest done here is without
Another exception raised by the State here is that plain view warrant. Can you do an arrest without a warrant? As a general
search daw siya, the Court said that that exception because the rule you can not except if mag fall sya under the exception
contraband was inside a metal container. One of the requirements permissible warrantless arrest, When are warrantless arrest
before you can apply this plain view doctrine the legality of the permissible? Number 1 “In Flagrante delicto arrest” when in the
object must be apparent. Consent to search is also not applicable presence of the arresting officer the person to be arrested is
here because consent to search is not something you lightly infer committing an offense or attempting an offense because it would
it has to be shown with clear and convincing evidence. Just like be impractical for him to tell him to stop. Number 2 when an
in the case of waiver you consent to the search within your offense is freshly committed, hot pursuit exception and the
person is not just because the State is invoking its second arresting officer has personal knowledge of facts indicating that
exception. It has to prove that consent has to been validly given, the police officer. This can be done without a warrant of arrest
consent could have been vitiated because of the fact that there because the exigency of the circumstances it would be
were in the 3 am in the police sub station accompanied by several impractical for the officer to secure a warrant of arrest. Finally
police. Take note here of the factors which is considered by the the third exception if it is an escape of a penal
court if consent is given there are 9 factors given. confinement/establishment or temporary confinement while
serving a sentence. Take note of this 3 exceptions. What is
What about the scuff and frisk exception, daghan kaayo gi applicable in buybust operation? Flagrante delicto.
explain ang SC diri. It is also not applicable because the scuff
and frisk search is limited to the outer probing or weapon. To In People vs Ventura, violation of Dangerous Drug Act here
protect the policeman doing the search. Here, dili sya valid sa there was a tip to the policeman that there was a robbery in
scuff and frisk because gipakuha jud sa iyaha tanang sulod sa Tondo, Manila because of this tip the policemen here formed a
iyang jacket. Important doctrine in this case just because you team to arrest/quell the planned robbery. They spotted a jeep
failed to object or you waived your right to question the illegality which has a spurious vehicle, the driver was Ventura they found
of your arrest it does not mean that you already waived the in his waist ang iyang baril, when asked he could not appropriate
admissibility of your evidence these two are distinct. documents for the same and for that he was arrested. After he
was arrested gi search ang iyang jeep, under the driver seat
Now in Ambre vs People, here we have a buybust operation contained marijuana pursuance to the evidence of the items taken
pursuant to a tip from a police informant a certain people is from the jeep gi filan sya ug kaso sa RTC and he was convincted
involved in selling drugs. The buybust operation happened, and now in the SC he challenged the admissibility of the
definitely wala silay warrant of arrest/search warrant they went to marijuana because it was not done validly. Number 1 no search
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warrant. The Court held here that there was a valid arrest in right it has to be proved that your case falls within the exception.
flagrante delicto but he was discharged it was not proved. Let us Meaning dapat iprove nila sa state that there was a valid search
focus on the discussion here. Ventura here was found out by the incident to a lawful arrest. Here we have to be careful that the
SC not only that he have his undocumented gun he was also arrest must not only be valid but must also precede the search.
arrested at the moment violating a traffic rule as well because of Mauna dapat ang arrest before ka nila isearch. And what is the
the violation of the law the police officers apprehended him. Luz extent of that search? Only on the person or the person arrested
vs People not an assurance violation of traffic rule can be as well as his immediately surrounding environment. Remember
grounds for an arrest. As a consequence a search may be done to the case of People v. Rom, for violation of the Dangerous Drugs
him after his arrest. He was acquitted because the elements of the Act, the whole law involving, uh what happened here? A buy
crime where not proved. bust operation. There was a tip that there would be an exchange.
Someone would be selling drugs in this place and so the
Last case, Martinez vs People here this involves violation of RA policemen formed a team, went to the place, purchased drugs and
9365 Comprehensive Drugs Law the policemen here are robing after, giarrest ang mga tao diri. Now, what happened in the place
in Malate, Manila. Pag adto niya didto si Martinez something bad nga gihimo tong buy bust? The policemen, grabbed the person
words just read whatever phrase he said here now providing an here, katong appellant si Rom and made a body search on him
ordinance of the city he was arrested by the policemen, that led to the discovery of 4 heatsealed transparent plastic
gikapkapan sya narecover ang sachet which contained shabu and sheets. So gi grab siya first which would signify his intent to
because he was charged and eventually convicted by the RTC. arrest that person and then he was later on searched. Now, using
Number 1 evidence valid? Number 2 is the search on the person the evidence that was secured noh, acquired from his person, he
valid? Here the Court said there was no probable cause. What are was charged with violation of the law and then convicted not
the requirements when you can do a warrantless arrest? Number only by the trial court but it was sustained by the CA and now
1 if you can prove that it falls under the exception under rule 113 before the SC, the admissibility of the evidence secured on that
section 5. Policemen alleged that the he was breaking an person as well as the surrounding area where they were arrested
ordinance what was the violation breaches of the piece. The is being challenged because according to them: (1) there was no
Court said taking into consideration all the circumstances here it valid entry in the house noh, they have no reason to be there and
could not be considered a breach of the peace why? It was not a (2) inadmissible siya because wala daw siya nahulog didto sa
breach of the peace therefore his arrest was not justified because exception on valid warrantless searches. The Court here rejected
he was in a populated place and many people conversing with all the arguments of Rom and his conviction was sustained.
each other on the street. Those circumstances would amount to Again, the Court emphasizes here that it is its discretion that we
breach of the peace because no one would mind you shouting bad follow the general rule. Before you do a search, secure a search
words here, in other words no breach of the peace. No reason to warrant. One of the many exceptions to the rule: that is a search
arrest the police and since there no reason to arrest therefore no incident to a lawful arrest. The Court enumerates here the
reason to search his person. Search was invalid whatever was exception, this is what was discussed extensively. Now, you
taken in his person would not be admissible to evidence being a relate this case also, uh bypassed na ni siya so definitely in most
fruit of a poisonous tree in other words the search done here is instances, wala gyud kay warrant of arrest. So if you do an arrest
invalid. without a search warrant and you also do a search without a
warrant, so twice ka walay warrant diri. So here the Court
We are still in the concept of… applied one of the exceptions to the rule na before you can also
One of the exceptions to the general rule before you can do a do an arrest, you also have to have a warrant of arrest and that is
search, you have to secure a search warrant and that is search an in flagrante delicto arrest. Remember we discussed before, 3
incident to valid arrest. In other words, before you can validly do exceptions under the rules noh before you can do an arrest even
a search, there is an exception, naay effect on your constitutional without a warrant: in flagrante delicto, hot pursuit and arrest of
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escaped prisoners. In this case, Rom here was caught in flagrante Court of Appeals also sustained the findings of the Trial Court
delicto of delivering the shabu to the poseur buyer which is the that Cogaed waived his right against a warrantless search. Now
policeman and since there was a valid warrantless arrest here noh before the Supreme Court, is the evidence here admissible? The
kay gigrab siya by the policeman and then after that gisearch siya Court said that NO, the Court acquitted Cogaed. His kauban was
for contraband and then nakita didto ang shabu, the subsequent not penalized because he was a minor. Anyway, so for Cogaed,
search on him was also valid because it was a valid warrantless the Court discussed here again the general rule. We have to
search pursuant to a valid warrantless arrest. respect our fundamental rights under the Constitution particularly
under Art. 3 Sec.2, right against unreasonable searches and
seizures. Now when you go to 2 nd yr, you’ll be dealing more with
the procedure, how it is done by the policemen. But at least at
this level you know the reason why it is prohibited, what is the
effect if you do an illegal warrantless search or warrantless arrest.
That’s because you’re violating a fundamental right in the
December 19, 2017 Constitution. Anyway so again, the general rule is that before
Honey Andamon you can do a search, before you can do an arrest, you have to
secure a warrant. Otherwise, the search and the arrest will be
considered unreasonable. But of course, we already know and we
Now in People v. Cogaed, there was a tip here received by the
were already discussing the exceptions to that general rule. What
police that a certain Marvin Bugat would be transporting
was it? So there are 7 exceptions here. Now the Court add to
marijuana to a certain locality. In order to arrest or apprehend
distinguish a stopandfrisk exception here from a search incident
this person, checkpoints were made by the policemen to intercept
to a lawful arrest. Because this was interchange daw by the CA,
the suspect. So here eventually, naintercept nila tong jeep.
anyway, what is the distinction between the 2? Because there is,
Nigawas tong jeepney driver and then the policeman who went
mura sila ug pareha eh. One of the main distinctions between the
inside signaled that 2 male passengers who were identified here
2 is that when you say stop and frisk mahitabo first ang stop and
to be carrying marijuana. That they approached them and saw
frisk which is the search and then if makita na ang contraband or
that Cogaed here was carrying a blue bag and a sack while the
whatever that can be used to arrest you, dira na ka iarrest. So the
other person was holding a yellow bag. And then they were
search precedes the arrest. When we say warrantless search
arrested. Uh they were first gipaopen ang bag sa ilaha and then
incidental to a lawful arrest, baliktad. Nauna ang arrest and then
unsay nakita? Marijuana. And then, after the search was done
isearch ka. So that is one of the fundamental distinctions between
they were arrested. They were brought to the police station etc.
the 2. Search incident to a lawful arrest requires that the crime
giinventory ang drugs. They were convicted by the trial court. It
be committed in flagrante delicto and search conducted is also
found however that there was an illegal arrest because at the time
only within the vicinity, within the reach of the person arrested. It
that Cogaed here was arrested, it was not shown that he was
is done to ensure that there are no weapons as well as to preserve
committing a crime, and since wala silay warrant of arrest, they
the evidence. This is pursuant to the inflagrante delicto arrest. On
could not have applied any of the 3 exceptions to a valid
the other hand, a stop and frisk search is conducted to prevent the
warrantless arrest. Wala may in flagrante delicto because he was
occurrence of a crime. It is done that the object of the search is to
not doing anything but the trial court here still sustained the
determine the identity of a suspicious individual or to maintain
admissibility of the evidence because according to the Court,
the status quo momentarily while the police officer seeks to
Cogaed here waived the right to object that irregularity when he
obtain more information. Now going to those 2 exceptions to the
did not protest to the actuations of the policemen here, after
general rule, does the Cogaed case fall under the stop and frisk
identifying himself, and asking him to open his bag. So the court
exception? The Court said that the search involved here was
relied here on the implied waiver done by Cogaed. On appeal, the
initially daw a stop and frisk. Gipaopen sa iyaha ang bag diba,
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didto nakita nga marijuana diay and then giarrest siya. Was there daw report nga tip nga naay drugs muagi diri unya natiyempuhan
a valid stop and frisk exception here? The Court said that NO. nga naa diay kay marijuana and then gisearch ka. The Court said
Why? The discussion here as to the stop and frisk so take note of that there was nothing suspicious with him carrying a bag and
that, how is it validly done? First, there is no requirement that riding a jeepney. So the assessment of suspicion here was not
there is probable cause. What is required is a genuine reason. made by the police officer but made in fact by the jeepney driver
Anyway, basic criterion before the search can be valid here is because he was the one who stopped the jeepney and signaled the
that the police officer with his or her personal knowledge must police nga naa diri ang mga pusher. What is the standard of
observe the facts leading to the suspicion of the illicit act. Tan quantum evidence to allow a stop and frisk search? Note that it is
awon niya ang tao, kung he is not doing any crime. Otherwise not even probable cause which is the lowest in the quantum but a
didto siya mahulog sa in flagrante delicto arrest. Pero naa siyay genuine reason to serve the purpose of a stop and frisk exception.
mabantayan sa person, something suspicious about the person Even if ingani siya kagamay, a genuine reason, mere suspicion
and then duolon niya to inquire what’s up. Then what else? There or a hunch will not be enough. A genuine reason must exist. How
is a procedure. Anyway, the balance daw, there has to be do you prove this? Anyway irelate nimo na noh sa experience a
balancing of the rights here of the person to be searched. Also, on policeman. Kita na siyag ingani ingana nga experience in light
the right of the policeman to protect himself from any assault. It of the police officer’s experience and surrounding conditions, to
tries now on the suspiciousness present in the situation where the warrant the belief that the person detained has weapons
police officer finds himself in and how did he determine the level concealed about him. In this case, no single suspicious
of suspiciousness that would compel him to do a search based on circumstance surrounding Cogaed. In fact, aside sa ang jeepney
his experience. What are the examples of a valid stop and frisk driver ang nag determine kung naa ba siyay bitbit nga drugs, the
search? Manalili v. CA, here a person was seen by the police person searched was not even the person mentioned by the
officer. He had reddish eyes and walking in a swaying manner. informant. It was Marvin Buya. So the Court did not validate the
And prior to seeing this person, nay report nga naay naga drugs. search here under the stop and frisk exception. What about the
So apparently pagkakita niya ato, mao na to siya, reddish eyes exception, search incident to a lawful arrest? The Court said that
and walking in a swaying manner and then because of the dili pud ni siya mag apply. Number 1 wala siya giarrest at the
suspicion giduol nila, tried to talk with the person but the person outset. Gisearch sa siya then giarrest siya. Second there was no
ran. Because of that nisamot ilang suspicion, gidagan nila, valid reason for the policemen to arrest him because as said
gisearch nila, nakita nga naay drugs, giarrest nila. Valid stop and earlier, he was doing nothing. He was doing nothing illegal. So
frisk. In People v. Solayao police noticed a man who appeared kung iarrest siya, that would also be illegal without a warrant of
drunk. Is being drunk a criminal offense? It was not. But they arrest. Waiver. Did Cogaed here waived his constitutional right
saw this man who was drunk wearing a camouflage uniform or a noh, uh, as to the admissibility of the evidence, Court said that
jungle suit and upon seeing this man, he fled so this added to NO. Take note that in earlier cases, a passive reaction to you
their suspicion. And when they caught up with him, wala nila being searched has been interpreted by the Supreme Court as
giarrest kundi gikapkapan, they saw a homemade firearm in his your acquiescence already, your waiver to your right. But as to
possession. Later on he was arrested. These were considered as other cases, did the Court strictly apply the rule on waiver? The
valid stop and frisk instances by the Supreme Court. But in this Court said here that there is no valid waiver when the bag of
case, is Cogaed, naa ba siyay gihimo diri to warrant the suspicion Cogaed was searched by the policemen. His implied
of the policemen? The Court said NO, Cogaed was simply a acquiescence to the search if there is any could not have been
passenger carrying a bag and travelling aboard a jeepney. There more than a passive conformity given under intimidating or
was nothing suspicious or criminal about riding a jeepney or coercive circumstances. So for example, ikaw imohang bag
carrying a bag. If, isustain ni sa SC noh then this would give gisearch sa mga police, are you brave enough to yell at the
policemen invaluable probity to justify unlawful searches policeman or to tell him that you cannot do that search? Of
because of sa ilahang reason here nga carrying a bag unya naa course you have to stay your hand noh and let the policeman do
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the search. But the Court said that that passive reaction cannot be exception. Again, when we talked about a search incident to a
considered as acquiescence or consent to that search. What lawful arrest, the precedent arrest determines the validity or
should be done by the policeman so that there be a valid search invalidity of the search. So dapat naay valid arrest and naay
under the waiver or consent exception? For a valid waiver of the search done. When we say stop and frisk, mauna ang stop and
accused to be done on a search done on his person or belongings, frisk nga search and then you are arrested. This is only limited to
the policeman must introduce himself. Police must also inform the protective search of outer clothing or weapons. Ang katong
the person to be searched that any inaction on his part, kung dili search incident to a lawful arrest what is in your person as well as
ka mulihok dira Sir, it would amount to a waiver of any of his the immediate surroundings. And again as emphasized in the
objections that the circumstances do not amount to a reasonable earlier case before you can do a valid stop and frisk search
search. And so giingnan niya nga ok sir, police ko, magsearch ko otherwise known as the Terry search, there has to be a genuine
sa imong bag ha. If you do not sugot or if you just stand by there, reason which is based on experience of the policeman or the
it means that naga sugot ka. And, he must communicate this enforcer doing the stop and frisk. In this case, do any of the
information clearly to the person to be searched in a language exceptions apply? The court said that neither the inflagrante
known to him. Again, before you can validly waive your right, delicto arrest nor the stop and frisk search apply. Walay mag
you have to know that you have a right in the first place and that apply sa ilahang duha diri. Why? Based on the testimony of the
you intend to relinquish that right. And because none of the policeman here, nakita niya nga nisakay ug tricycle si Sanchez
exceptions here apply, the Court applied the effect of a violation unya gigukod nila and then pag apas nila, nakita niya nga
of the Constitutional right here to an unreasoble search and that is nagbitbit siya ug match box. Wala sila kabalo sa sulod but
the exclusionary rule under Sec.3 par.2 otherwise known as the gipaopen nila, nakita nila shabu. The Court said here katong
fruit of the poisonous doctrine. What does that mean? The search incident to a lawful arrest cannot be done because wala
evidence gained, here marijuana, giconvict siya for a possession nahitabo ang arrest prior to the search. Nasearch siya diri before
of marijuana, nawala naman ang marijuana sa equation then there siya giarrest so definitely the exception is not availing. Also,
is nothing to support that conviction and therefore he was kung iinsist nila nga there was a valid search incident to a lawful
acquitted. arrest, the arrest done in him is not lawful in the first place
because he was not doing anything illegal. It does not fall under
Sanchez v. People, it’s the same thing here. Sanchez, gichargean any of the 3 exceptions under Sec.5 of Rule 113. What about the
siya for violation of Comprehensive Dangerous Drugs Act. There stop and frisk exception? Of course not. The court said here that
was a tip to the policemen that someone here would be carrying it is also not applicable because they did not have a genuine
or selling drugs to tricycle driver. So they went to the place and reason to effect a valid stop and frisk search. The totality of the
waited for a tricycle going to or from the house of Sanchez here. circumstances here by the policemen does not come to the
So they spotted a tricycle carrying Sanchez coming out of the conclusion, it does not support the finding that would justify the
house. They chased the tricycle, after catching up with it, they stop and frisk search on Sanchez. Coming out from the house of
requested Sanchez to alight. And then they noticed him holding a a drug pusher and boarding a tricycle without more or innocuous
match box. He is holding a match box, is it a criminal offense? movements by themselves alone do not give rise to the mind of
Or course not. So, the policemen here asked Sanchez. Can we see the experienced and prudent officer to believe that he had shabu
the contents of the match box? Sanchez agreed and in it was a in his possession. The standard here is kinda rigorous, very
plastic sachet containing shabu. In other words, the search difficult. But anyway, the Court did not apply the stop and frisk
preceded the eventual arrest. Nakita na ang shabu and then exception. Now applicable ba ang plain view search, the Court
giarrest siya. So giconvivt siya by the trial court and this was said that NO. It’s not also applicable because before you can do
affirmed by the CA. now before the SC, it acquitted Sanchez. that there are also exceptions, uh requirements for this. What are
Again the Court had a discussion here of the distinction between the requirements for a valid plain view search? Remember, tong
a search incident to a lawful arrest and the stop and frisk giingon sa una that the plain view search is not only the
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exception to the general rule that you can do a search without a guilty. Otherwise it is considered waived. Nevertheless, even if
search warrant. It is also an exception to the search incident to a you fail to object to the illegality of your arrest, it does not mean
valid arrest. Why? When we say search incident to a valid arrest, nga mufollow tong waiver sa admissibility sa imong evidence
limited lang to the person of person arrested as well as the because these 2 are separate and distinct rights. Right to your not
surroundings. But if maapply nimo ning plain view doctrine, to be arrested without a warrant except that is the right to be
pwede ka maka search noh sa place which is not his immediate searched without a search warrant. So waiver of any one of these
surrounding as long as the contraband or the illegality of the does not amount to the waiver of the other. So since it was
contraband is apparent. So anyway what are the requisites? First, established nga giwave niya iyang arrest, the court said here the
that the law enforcement officer in searching the evidence has a even if illegal ang iyang arrest, it does not mean nga valid na ang
prior justification for the intrusion. Meaning, he HAD the right to search sa iyaha and that the evidence is already admissible. There
be where he is when he effected the search. Number 2, the was no valid warrantless search in this case noh. The court did
discovery of the evidence was inadvertent. Meaning wala niya not apply the stop and frisk exception here. Also walay valid
gituyo. Wala siya nagkutkot dira sa yuta or nag tanaw siya sa consent because it has to be shown by clear and convincing
cabinet. Inadvertent. Paglingi niya uy naay shabu. And 3, that it evidence. Here it was shown that he was ordered to take up and
is immediately apparent to the officer that the item he observes the effect therefore is that the seized item is inadmissible in
may be evidence of a crime, contraband or otherwise subject to evidence. So he was acquitted.
seizure. So the illegality also of the object must be apparent.
Here, none of the requisites are present. 1. There was no valid In People v Casacop, something about violation for possession of
intrusion. The shabu here was not inadvertently discovered kay shabu. Buy bust operation. As we have already discussed so
naa siya sa match box unya gipa open pa; and because of that the many times. The Court just discussed here the elements.
Court did not apply any of the exceptions here. So because the
evidence here was inadmissible, he was acquitted from the Now we go to the plain view exception. What are the requisites?
charge. First is that there must be a prior valid intrusion as we said
earlier. The policemen are there validly either because there was
In Villanueva v. People, Villanueva was charged with violation a warrant of arrest to be served or they have the right to be where
of the Comprehensive Dangerous Drugs Act. Take note daghan they are before they effected the arrest and the search. Second,
kaayo ta ug drug cases noh in our discussion. It’s very relevant the evidence was inadvertently discovered by the police who had
now because of the factual things happening in our country. So the right to be where they are. So wala diay gituyo. The evidence
here, drugs na pud. What happened? Prior to the search done on must be immediately apparent. Wala gipangita. Finally, the
Villanueva, there was a complaint filed against him for a illegality of the item must be apparent. Plain view, justified
shooting incident. So giblotter etc. after the blotter, the seizure of the evidence acquired thru search. So we have old
policemen went to the house of Villanueva and invited him in the cases here, People v. Valdez. Gilocate, giadto ilang balay for
police station. In the police station, he was subjected to a body marijuana. But the Court said here that the discovery of the
search and in the process thereof, a plastic sachet containing plants here were not inadvertent because the police had to look
shabu was obtained in the left pocket of his pants. Because of around the area. So there was no, kelangan pa pangitaon sa
that he was charged and convicted by violating RA9265. Now he policeman. So dili siya plain view kay they had to search for it.
is claiming that invalid ang search nga gihimo and therefore the Del Rosario v People, there had to be a meticulous search in the
evidence is also inadmissible. Now, there was a discussion here kitchen of the house of the accused. Court said it is no longer in
as to the arrest of Villanueva. Gipaadto siya sa police station to the purview of the plain view exception. Now before we go to the
be questioned. The Court said here that he had waived his right to cases, (30:20) we have old cases here which are also interesting.
question the illegality of his arrest. You have to do that timely Abenes v. CA, a 2007 case. Here naay gun ban nga giissue ang
and that is before arraignment, before you plead guilty of not COMELEC for the elections etc, now niagi ning sakyanan sa isa
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ka checkpoint and the policemen there knocked on the vehicle propriety of the search done on them because it has no warrant
window and requested the occupants to step down and nakita nila and therefore mag apply ang general rule nga kung walay search
nga naay baril nga naka tuck sa waist aning isa ka person. It was warrant, invalid ang search ug inadmissible ang evidence. So
not covered by the shirt worn by Abenes. He was asked if naa ba because of that claim, the State on the other hand alleges that the
siyay documents to validate his possession of the firearm but he exceptions to the general rule apply: plain view search, search
cannot produce any so he was charged with illegal possession of incident to a lawful arrest etc. also waiver of the inadmissibility
firearm. The Court here said that there was no violation of his of the evidence. So, should the evidence here be admitted?
constitutional right here. Meaning, the search done on his person Should there conviction be sustained? The Court here admitted
was valid. Search of a moving vehicle exception applicable. They the evidence, valid ang ruling sa trial court and therefore the
were in a moving vehicle. But more importantly, the Court here ruling is sustained. What is applicable here is a search incident to
emphasized the plain view exception. The Court said that the gun a lawful arrest, dili plain view search. Anyway, why? So again
was in plain view because the policeman saw the gun tucked in we go back to the discussion of the SC, what is the purpose of a
his waist, uncovered by his shirt. Again, the Court reiterated the search incident to a lawful arrest. No. 1 is allowed to enter the,
elements. Were the elements present here? Yes. The law one of the exceptions noh sa jurisprudence and under the Rules
enforcement officers lawfully made an intrusion because of the of Court, the purpose is to protect the arresting officer from being
gun ban, naay checkpoint dira, icheck nila kung naa bay baril harmed by the person arrested, who might be armed with a
because gun ban gani, so prior valid intrusion is present. There is concealed weapon, and to prevent the latter from destroying
an intrusion from which they particularly viewed the area. So evidence within reach. Again as we said before, search incident
nakita nila noh inside the vehicle nga naay baril. They did not to a lawful arrest is limited to the person of the arrested person as
have to search for the person, wala nila gihuboan si Abenes noh well as to his immediate vicinity. In fact it is a duty for the
to search the gun. And in the course of the lawful intrusion, they policeman to search him even without a warrant. Now the Court
inadvertently came across an evident incriminating to Abenes. So explained here what is this area of immediate control. It means
gi apply ang plain view exception. the area from within which he might gain possession of a weapon
or destructible evidence. Take note of this case noh katong gina
In People v. Calantiao, Calantiao was charged, he was found discuss nato ganina that the plain view doctrine is an exception to
guilty of violation of the Comprehensive Dangerous Drugs Act. the search incident to a lawful arrest because as we said, limited
What happened? Sometime in 2003 a certain Lojera arrived at lang ang search to the person and immediate vicinity. If muingon
the police station and asked for assistance from the police kay ka ug plain view doctrine, it could validate a search done not
naa daw nag gitgitan sa traffic. Naay nag away. Traffic dispute. only on the person and immediate vicinity but also in the place
This does not involve a woman who slap a taxi driver. Lol. This that is outside that as long as the requisites of the plain view
involves a gun fight. So while driving a towing truck traversing search are present. In other words, even if pag search nimo sa
in EDSA, he had a traffic dispute with the taxi cab. So the iyaha wala kay nakita nga contraband but applying the plain view
policeman went to the place and the passengers of the taxi cab of doctrine kay wala man sa iyang person or immediate vicinity, naa
course they were also afraid, nahadlok pud sila, alighted. And sa iyahang place where you arrested the person ang contraband
when they saw the policeman they fired their guns. Surprised, which is immediate, inadvertently discovered and immediately
Lojera could not do anything. The policemen, after they did that apparent then pwede siya iconsider as evidence. The plain view
went to the place, chased the people here who fired their guns at doctrine is actually the exception to the admissibility of evidence
them and when they were able to catch up with the culprits, they obtained in a warrantless search, incident to a lawful arrest
recovered from them a black bag containing 2 bricks of dried outside the person, the suspect’s person and premises under his
marijuana and the gun which was carried without permit. And so immediate control. Why is it an exception? Because objects in
using these items, they were charged and found guilty with the the plain view of an officer who has the right to be in the position
offenses as earlier stated. Now Calantiao is challenging the to have that view or subject to seizure and be presented as
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evidence. So dili ka maka claim noh as the State dili ka maka
claim nga search incident to valid arrest then you can go to Now we go to the stop and frisk or the Terry search. Very
another exception which is the plain view exception. The plain interesting kind of exception. Where did this originate? We have
view doctrine however is not applicable here. Gi apply sa court the case of Terry v. Ohio in the US, 1968. Here in Terry v. Ohio,
here ang search incident to a lawful arrest because the person 2 men repeatedly walked past a store window and turned to a
here was purposely searched upon his arrest. So dili siya plain spot where they apparently conferred with a 3 rd man. This
view kay gipangitaan siya. aroused the suspicion of a police officer. To the police officer,
the behavior of the man here indicated that they were sizing up
Now we have Cresencio v. People, finally no longer a drugs case the store for an armed robbery. Because of their training,
but a violation of the forestry code. Here, Cresencio seemingly expertise and experience they approached the men and asked
an innocent lady, naay information gihatag sa DENR nga them for their names and they replied. The officer grabbed one of
someone was possessing lumber illegally and because of that them, spun him around and frisked him and found a concealed
information they went to the place of Cresencio without a search weapon. On the other, the same thing was done naa gihapoy
warrant. Upon arriving, they saw the forest products lying in the weapon. So karon, the prosecution offered in evidence the
place of Cresencio. Gi validate nila, o madam asa man imohang weapon. Now the defense of Terry here was that there was an
resibo ani. Naa pud siyay resibo gipakita but it did not match. illegal search on the person. The Court said that the search was
Mas daghan ang quantity kaysa katong sa mga produce nga legal. So diri nag originate ang Terry search. A police officer
matestify niya sa iyahang resibo and because of that she was may in appropriate circumstances and in appropriate manner,
charged with having violated this law. Since she could not approach a person for the purpose of investigating possible
present any other receipt, the DENR here ordered the behavior even though there is no probable cause to make an
confiscation of the lumber and charged her with criminal arrest. There is therefore no requirement nga naa kay probable
charges. And so among others, Cresencio is questioning the cause to effect an arrest. What is required is a genuine reason.
validity of the search done among her premises because it was Why? It is reasonable for an officer to do that rather than simply
done without a search warrant. Is the evidence admissible? The shrug his shoulder and allow a crime to occur. To stop a
Court said that YES, why? The plain view exception applies. suspicious individual briefly in order to determine his identity
Objects falling in the plain view of the officer, who has the right and maintain a status quo. How is it done in Terry search? How
to be in that position to have that, subject to seizure and be is it validly done? The police officer must stop a citizen in the
presented for evidence. In this case, the DENR personnel were street, interrogate him and pat him for weapons or contraband.
not armed with a search warrant admittedly but when they went He should properly introduce himself, make initial inquiries, and
to the house of this Cresencio, they saw the lumber lying in her approach the person who manifests unusual and suspicious
house. And they had prior information that someone is hoarding conduct only to check the latter’s outer clothing for possible
this lumber or forest product without the requisite concealed weapons. So naay muduol sa imoha, storyahon ka
documentation. It is therefore clear that the lumber is plainly chika chika, o what are you doing here? Tapos kapkapan dayon
exposed to sight. Hence the seizure of the lumber outside here ka because naa man siyay suspicion or whatever, but, before he
even without a search warrant is valid under the plain view can do that, he has to have a genuine reason in accordance with
doctrine. Ok so just take note of the requisites of the plain view his experience and surrounding conditions. One of the beliefs
doctrine. Exception, that it is an exception not only on the that the person to be held here has weapons or contraband
general rule that before you do a search there must be a search concealed around him. Therefore this genuine reason must exist
warrant. But also an exception to search incident to a lawful at the outset. The stop and frisk exception or the Terry search as
arrest because you can admit as evidence those pieces of its purpose, it is to the general interest of effective crime
evidence nga makita within plain view even if dili siya within the reduction and detection. And no.2 for the self preservation of the
immediate control of the person arrested. police officer.
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baril. Now is there a valid Terry search here? The Court said that
We have the landmark cases for this exception. Posadas v. CA, a NO. Applicable ba ang search incident to a valid arrest. Court
1990 case happened here in Davao. So here, the policemen, said NO because he was searched first before he was arrested so
members of the then Integrated National Police conducted a definitely that’s not the conclusion. Now, is there a valid Terry
surveillance in Magallanes St. and then they saw Posadas search here? The Court said also that NO. The Court said here in
carrying a buri bag. Is that bayong? And then he noticed him to not applying that, it would be a sad day indeed if any person will
be acting suspiciously. They approached Posadas and identified be summarily arrested and searched just because he is holding his
themselves as members of the INP, he attempted to flee but his abdomen even if it be possibly because of a stomachache, or if a
attempt to get away was thwarted by the two policemen here. peace officer could clamp handcuffs on any person with a shifty
They checked the buri bag and they saw guns and live look on suspicion that he may have committed a criminal act or
ammunitions and so after that, gichargean siya with illegal is actually committing or attempting to commit it. Based on the
possession of firearms and ammunitions. Now before the SC, circumstances surrounding Mengote, the Terry search could not
he’s challenging the propriety of the admissibility of the evidence be validly done.
because according to him there was no valid search done on his
person. There was no search warrant. The Court said, no. 1 there As our example earlier noh, the case of Manalili v. CA, there was
was NO valid warrantless arrest here because when they saw an information that there were drug addicts roaming the cemetery
Posadas, nagbitbit lang siya ug bayong, acting suspiciously, he here and so the policemen went to the locality and saw Manalili
was not doing any crime. So dili pwede mahulog under the with reddish eyes and appear to be walking in a swaying manner.
exceptions sa warrantless arrest cases. But, the Court validated So they approached him and introduced themselves and they
the search under the Terry search exception. So diri giapply sa asked him what was he holding in his hands? The main person
SC ang US doctrine, the Terry search. There are instances where here tried to resist and eventually nakita sa iyaha nga naa siyay
a warrant and seizure can be effected without necessarily being drugs, marijuana. He was searched first and then arrested. Does
preceded by an arrest, so take note again, ang distinction sa the Terry search apply? Court said that YES. Why? There was
search incident to a lawful arrest. Pag ingana ang case, there has unusual conduct here which led the policemen to conclude in the
to be lawful arrest and then search. Here, the search precedes the light of his experience that criminal activity may be afoot. They
arrest. So the Court validated the search here under the stop and had to protect themselves so they had to kapkap this Manalili and
frisk citing the Terry and the rationale of that ruling. in the course of the kapkap they saw this marijuana.
Now we have another case, People v. Mengote a 1992 case. Here Now we go back to the case of People v. Cogaed. The person
Mengote was convicted of illegal possession of firearms because who has information that nagdala daw ug marijuana in a bag,
there was a stolen pistol found in his person at the moment of Marvin Bugat, but Cogaed was the one who was apprehended.
warrantless arrest. Now he is challenging the propriety of his He was just inside the jeepney, alighted, asked to open the bag
conviction because among others, the search done on him and the then nakita ang marijuana. One of the discretions here is, is this a
evidence retrieved on his person pursuant to the warrantless valid search pursuant to a stop and frisk or Terry search? The
search should not be admitted as evidence. The State on the other Court said that NO. Why? Again, because Cogaed here was
hand tried to justify the search because according to it, it was a merely a simple passenger carrying a bag and travelling aboard a
Terry search. Why? What was the justification of the policeman? jeepney. There was nothing suspicious or criminal about riding a
The policeman saw 2 men looking from side to side, one of jeepney or carrying a bag. The Court emphasized here the
whom was holding his abdomen. So because of that naging genuine reason requirement and not probable cause when you
suspicious sila. Siguro sakit iyang tiyan noh or whatever, naa want to effect a stop and frisk or a Terry search. But even if
siyay exam tomorrow so he was nervous. And so because of his genuine reason lang ang requirement, a hunch or a suspicion will
suspicious conduct, he was searched and then nakita didto ang
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not do. A genuine reason must exist based on the experience and there a valid hot pursuit arrest here as well? The 2nd exception on
surrounding conditions. warrantless arrest. The Court said that NO because it was not
shown that the policemen had personal knowledge that a crime
Now we have the case of Comerciante v. Peopl. Here take note a will be committed, even if in flagrante delicto. Now we go to the
very interesting set of facts. Comerciante was charged with issue, was there a valid stop and frisk search here? The Court
violating RA 9265 for possessing shabu. Why? Policemen who said that again, NO. Because it is required, you need genuine
were aboard a motorcycle were patrolling the area somewhere in reason based on the policeman’s personal knowledge and
Mandaluyong. They were cruising around the speed of 30km/h. experience leading to the suspicion of an illicit act. How did the
Meaning kaning speed limit nato sa Davao but still a little fast. SC discuss that? Commerciante’s acts of standing around with a
And so they spotted at a distance of 10m, 2 men identified as companion and handling over something to the latter do not
Comerciante and another accused standing and showing constitute criminal acts. These are circumstances not enough to
improper and unpleasant movements. O unsa man na? I don’t create a reasonable inference of criminal activity which would
know. Unpleasant movements. Anyway one of them was handing constitute a genuine reason for the policeman to conduct a stop
a plastic sachet to the other. Take note, nakasakay sila sa vehicle, and frisk search. And because of that the evidence acquired from
30km/h, 10m nakita nila nga nag exchange ug shabu ang tao. them which is the basis of their conviction is no longer
Because of that they went to these people, introduced themselves admissible and they were therefore acquitted from the charge. Ok
as policemen and arrested them, confiscated the shabu. They so that’s stop and frisk or Terry search exception.
were held guilty by the trial court. The SC acquitted them. Why?
As a general rule, you have to have a search warrant before they We now go to the express waiver of consented search exception.
will search unless the search falls under the exceptions. What Here again, your requirements before you can do a valid waiver
were the possible exceptions that could be applied? Search of a right, you have to know that the right exists, you have to
incident to a lawful arrest, is it applicable? The Court discussed intentionally relinquish that right. So what are these specific
here, for this exception to be valid, again there has to be valid requirements? Why is it an exception anyway to the general rule?
arrest at the outset. Dili pwede nga mauna ang search and then Because ginaallow nimo ang State to intrude on your person as
arrest. Since wala may arrest ang pagka arrest aning duha ka tao well as your surroundings. Kung wala ka nag object as imong
diri, does the arrest here fall also under the exceptions? General right, giwaive na nimo imong right. But, the State has to prove
rule nga kailangan ninyo ug warrant of arrest. The Court said that that you made your waiver validly and conscientiously. So
NO. The first exception therefore, the search incident to a lawful waiver before it can be considered valid, should be expressed. As
arrest does not apply because there was no valid arrest in the first a general rule, mere silence does not constitute consent to a
place. Why? Here the policeman admitted that he was aboard a warrantless search. Take note of our case earlier, mere
motorcycle, cruising at that speed and saw them with that acquiescence, silence to the search being done is not equivalent
unpleasant and improper movements, 10m. The Court said that it to your consent as a rule. So before you can do a valid waiver,
is highly impossible for the policemen, even assuming that the right to be waived must exist, you had knowledge that you
there’s perfect vision, they would not be able to identify with had that right and you have actual intention to relinquish that
reasonable accuracy, especially from a distance of 10m aboard a right. What are the other things that you have to take note. This
motorcycle cruising at the speed of 30km/h a miniscule amount right belongs to you. It does not belong to your mother or to your
of shabu held by Comerciante. So the Court held that it was not uncle. So because it belongs to you, it is a personal right, you are
reasonable for the policemen here to assume that the criminal the one who can waive this right. And your consent must be
activity was afoot to justify the warrantless arrest. Naa ba siyay, expressed and the search cannot extend beyond the purpose of
makita ba nimo from 10m nag exchange sila ug shabu, the Court which the consent was given. That is why we have the case of
said NO you are not robocap. You do not have bionic eyes. Veroy v. Layague, that happened here in Skyline in Davao City.
Therefore there was no probable cause to effect the arrest. Was Here there was a report that the spouses here cuddled rebel
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soldiers in their house. So naa daw silay ginapapuyo nga rebelled
sa ilang balay and they had kaning mga baril and also
paraphernalia pursuant to these illegal activities. And so, it so
happened that the spouses here were in QC when the search was
effected. The search was done without a warrant, so the police
went to the house of these spouses by the information of that
nature. And when they went there, gisalubong sila ug mga house
boy. Can we do a search? Ana pud tong houseboy, we cannot
give our consent to a search because it is not our house. So what
did they do? They called Mrs. Veroy. Hello Mrs. Veroy pwede
ba namo isearch imong balay for rebels? Okaaay. So gisearch
nila ang iyahang balay. Take note that the consent given by Mrs.
Veroy was for the search of rebels. Meaning tao imong isearch.
In the course of the search, they were able to recover a hand gun
with live ammunition and also materials sa mga communista. So
because of this, gifilean sila ug illegal possession of firearms.
Now before the SC, the spouses are questioning the propriety of
the search done and the admissibility of the evidence because it
was illegal. It was done without a warrant. Now the State is
arguing, you already gave your consent to the search when we
called you Mrs. Veroy and you allowed us to search your house.
Is there a valid search? Is the evidence here admissible? The
Court said that NO. What was the requirement earlier? The
doctrine. The search cannot extend beyond the purpose for which
consent was given. Now consent given by Mrs. Veroy was to
search their house for rebels, not firearms. Because of that, since
nilampas ang extent sa consent nga gihatag ni Mrs. Veroy sa
gihimo karon sa mga pulis, the Court said that that does not fall
to the exception of the consented search therefore the evidence is
inadmissible.
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