POLICE POWER

Police Power

Beltran v. Secretary of Health 476 SCRA 168 (2005)

Commercial Blood Bank vs. PNRC. Police Power (Public Health) vs. Contract Clause (non-impairment clause).

Police Power

Carlos Superdrug Corp. vs. Department of Social Welfare and Development (DSWD), 526 SCRA 130 (2007)

Expanded Senior Citizens Act (RA 9257, amending RA 74321 20% discount given by drugstores to senior citizens are tax deductions and no longer as tax credits. Not eminent domain (just compensation); Police Power measure (General Welfare); Property rights; Senior citizens role to nation building.

Police Power

Mirasol vs. Department of Public Works and Highways, 490 SCRA 318 (2006) Limited Access Highway Act (RA 2000) Administrative Order No. 1 (AOI). Reasonableness vs. Scientific Exactitude. Best Solution.

Police Power

Metropolitan Manila Development Authority vs. Viron Transportation Co., Inc., 530 SCRA 341 (2007)

E.O. 179, "Providing for the Establishment of Greater MANILA MASS TRANSPORT SYSTEM. MMDA, as implementing agency to eliminate bus terminals; provide for mass transport and terminal facilities; DOTC not MMDA; MMDAPolice Power? Less intrusive measures.

Police Power

Planters Products, Inc. vs. Fertiphil Corporation, 548 SCRA 485 (2008) LOI No. 1465, issued by then President Marcos, imposed

Capital Recovery Component (CRC) for the benefit of Planters Inc.'s recovery; After EDSA, Fertiphil stopped payment; too excessive for regulatory purpose; not for public purpose or public interest; clear case of crony capitalism.

Police Power

Yrasuegui vs. Philippine Airlines, Inc., 569 SCRA 467 (2008)

Bill of Rights cannot be invoked against private individual; weight limit for flight steward; others similarly situated were not dismissed; equal protection does not come into play where there is no government interference.

Police Power

Atienza vs. Comelec, 612 SCRA 7610 (2010)

requirements of administrative due process do not apply to the internal affairs of political parties; political party is free to conduct its internal affairs, pursuant to its constitutionally protected right to free association.

DUE PROCESS

Due Process

Republic vs. Cagandahan, 565 SCRA 72 (2008)

Congenital Adrenal Hyperplasia (CAH), or intersexuality; correction of her birth certificate to reflect changes in her gender and name; fundamental right to the pursuit of happiness, health and choice of sexual development and maturation.

Due Process

Anonymous vs. Radam, 541 SCRA 12 (2007)

Court utility worker with lovechild; charged with immorality; migration and unmarried; mutual plan to remain

OCA recommended exoneration from immorality, but at the same time, a guilty verdict for conduct unbecoming; violation of Radam's right to due process.

Due Process

Tan vs. Pacuribot, 540 SCRA 246 (2007)

Questions of evidence required in administrative cases involving judges (substantial evidence)

Due Process

Macias vs. Macias, 601 SCRA 203 (2009)

members of the judiciary are not sui generis; public officers or lawyers.

Due Process

Romagos vs. Metro Cebu Water District, 533 SCRA 50 (2007)

separation from the service due to mental incapacity; disciplinary separation due to immoral or vicious habits with administrative disabilities (forfeiture of retirement benefits and perpetual disqualification); non-disciplinary separation not arising from immoral or vicious habits (merits and fitness);

no administrative disabilities; both require due process; requisites for dismissal; abnormal period; behavior for an extended

abnormal behavior manifests a continuing mental disorder and incapacity to work; written notice of charge and written notice of termination.

Due Process

Office of the Ombudsman vs. Sison, 612 SCRA 702 (2010)

Ombudsman's role in appeals is as adjudicator, not as advocate; cannot intervene in judicial appeals of its decisions.

Due Process

De La Salle University, Inc. vs. Court of Appeals, 541 SCRA 22 (2007)

Academic freedom to impose discipline upon students guilty of certain offenses; must be whimsically; exercised prudently, not

penalty must be appropriate for the misdeed committed, otherwise due process is violated; concept of proportionality.

Due Process

White Light Corporation vs. City of Manila, 576 SCRA 416 (2009)

ordinance vs. short time and wash up rate schemes; police power and substantive due process; police power vs. illicit sex, prostitution, drug use, etc.; standards of review; strict scrutiny applies to regulation of fundamental freedoms, speech, gender, race, suffrage, travel;

4 requisites: (1) public interest generally requires interference, (2) means necessary for the purpose (not oppressive), (3) no other alternative less intrusive, (4) reasonable relation between means and purpose; rational basis (economic legislation); standards of review; Ordinance needlessly restrains operations and rights without justification; business sufficient

rashly equates wash rates with immorality without accommodating innocuous intentions.

Due Process

Dycaico vs. Social Security System, 476 SCRA 538 (2005)

primary beneficiary in SSS law (RA 8282); as of the date of his retirement; violates due process and equal protection clause; no relation between the purpose and the means. Conclusive/irrebuttable presumption, (presumes a fact that is not necessarily or universally true).

Due Process

Southern Hemisphere Engagement Network, Inc., v. AntiTerrorism Council, G.R. Nos. 178552, et al., Oct. 5, 2010) void for vagueness doctrine (lacks comprehensible standards that men of common intelligence must necessarily guess at its meaning and differ as to its application);

violates due process and leaves law enforcers unbridled discretion; overbreadth doctrine (governments control sweeps unnecessarily and broadly into the areas of protected freedoms); Facial challenge (examination of the entire law and its actual operation even to others not parties to the case);

as applied (considers only extant facts, affecting real litigants); overbreadth applies only to a facial challenge and only to free speech that must be protected at all times; penal statute may only be assailed for being vague as applied to actual parties; As for RA No. 9372 Anti Terrorism Act - what is penalized is the conduct, not speech (coercion of the government to accede to an unlawful demand). Judicial power not for speculative counseling on a statute's future effect on hypothetical scenarios nor to be used as extension of a failed legislative lobbying.

Due Process

Aberca vs. Ver, (G.R. No. 166216, 14 March 2012) Procedural due of summons by: process demands service

personal service; service by mail; substituted service, if 1 and 2 cannot be effected; is service of summons by publication proper?

Due Process

League of Cities of the Philippines (LCP) v. Commission on Elections

Requisites of valid classification: substantial distinctions (arbitrary date RA 9009, 11th Congress); related to a legitimate government objective which is the purpose of the law; not limited to existing conditions only; and applicable to all similarly situated.

Due Process

Betoy vs. Board of Directors, National Power Corporation, 658 SCRA 420 (2011)

where employee retires and meets the eligibility requirements, he acquires a vested right to benefits that is protected by due process.

EQUAL PROTECTION

Equal Protection

Quinto vs. Commission on Elections, 606 SCRA 258 (2009) and 613 SCRA 385 (2010)

appointive vs. elective (re: filing of certificates of candidacy. Initially, classification was held to be not germane to the purpose of the law; reversed on motion for reconsideration; N.B. legislature must not be held rigidly to the choice of regulating all or none.

Equal Protection

Biraogo vs. Philippine Truth Commission of 2010, G.R. Nos. 192935 and 193036, December 7, 2010

Creation of Truth Commission (investigate graft and corruption during Arroyo's administration); violated equal protection; underinclusiveness per se is not fatal to validity of the law under the equal protection clause; it is violated by purposeful and intentional discrimination.

Equal Protection

Santos vs. People, 563 SCRA 341 (2008)

Judy Ann vs. Regine Velasquez Judy Ann indicted; R. Velasquez not indicted Tax Evasion; the remedy for unequal enforcement of the law does not lie in the exoneration of the guilty at the expense of society.

Equal Protection

Serrano vs. Gallant Maritime Services, Inc., 582 SCRA 254 (2009)

RA 8042 (Migrant Workers and Overseas Filipinos Act); OFWs illegally dismissed unexpired portion of one year or more vs. unexpired portion of less than one year; first is entitled to only 3 months or unexpired portion whichever is less; second is entitled to full unexpired portion; suspect classification;

compelling state interest cannot equate with business interest; strict judicial scrutiny against perpetuation of prejudice against persons favored with special protection; different from American jurisprudence along income categories.

SEARCHES AND SEIZURES

Searches and Seizures

NBI-Microsoft Corporation v. Hwang, 460 SCRA 428 (2005)

probable cause for indictment (facts and circumstances are present to incite a reasonable belief that the act or omission complained of constitutes the offense charged; installer CDs containing several software are counterfeit per se; no need for mastertape.

Searches and Seizures

United States vs. Grubbs, 547 U.S. 90 (2006)

Anticipatory warrants vs. ordinary warrants

requisites of probability; contraband or evidence of a crime will be found in a particular place; triggering condition will occur.

Searches and Seizures

Los Angeles Country vs. Rettele, 550 US, 609 (2007)

Police surprised 2 occupants in bed naked; Not African American as indicated in the Search warrant. Was the search warrant reasonable?

Searches and Seizures

Valeroso v. Court of Appeals, 598 SCRA 41 (2009)

a valid arrest allows seizure of evidence or dangerous weapons either on the person of the one arrested or within the area of his immediate control; a locked cabinet inside the room; not justified under plain view doctrine (not for exploratory search, immediately apparent test inadvertence test.)

Search and Seizures

Social Justice Society v. Dangerous Drugs Board, 570 SCRA 410 (2008)

Comprehensive Dangerous Drugs Act of 2002 (R.A. 9165); Drug testing of students of secondary, tertiary schools, officers and employees of public and private offices and persons charged before the prosecutor's office with offenses punishable by more than 6 years; mandatory, random and suspicionless; as for those running for public office.

Search and Seizures

Abelita III v. Doria, 596 SCRA 220 (2009)

shooting incident; invited but sped away; reasonable suspicion as to existence of probable cause; police not required to personally witness commission of the offense.

Search and Seizures

Case of S. and Marper vs. The United Kingdom, Applications No. 30562.04 and 30566/04, December 4, 2008 (European Court of Human Rights, sitting as a Grand Chamber)

indefinite retention of fingerprints, DNA profile and cellular samples of persons charged but not convicted; right to respect for private life; interference/unnecessary in a democratic society.

Searches and Seizures

United States v. Jones, 565 U.S. (23 January 2012)

GPS tracking device (to be secure in their persons, houses, papers and effects); protection attaches to people, not places; eavesdropping device attached to a public telephone booth (expectation of privacy)

Searches and Seizures

Lucas vs. Jesus S. Lucas, G.R. No. 190710, June 6, 2011

DNA testing is equivalent to search; applicant must present prima facie evidence to establish a reasonable possibility of paternity.

FREEDOM OF EXPRESSION

Freedom of Expression

Japan Airlines v. Simangan, 552 SCRA 341 (2008)

bumped off by JAL due to alleged doubtful travel papers; published grievance; damages; public issue or concern is a legitimate topic of a public comment that may be validly published; no malice; privileged commentaries on matters of public interest applies even to non-public officials.

Freedom of Expression

Letter of the UP Law Faculty Entitled Restoring Integrity: A Statement by the Faculty of the University of the Philippines College of Law on the Allegations of Plagiarism and Misrepresentation in the Supreme Court

freedom of expression and academic freedom vs. disciplinary proceedings for disrespect and contempt (contemptuous language); right to criticize the court vs. independence of the judiciary from due influence or interference.

Freedom of Expression

CHAVEZ V. GONZALES, 545 SCRA 441 (2008)

Playing of Garci tape Adverse consequences Restraint or not? To be truly meaningful, what should freedom of speech and of the press allow/encourage? What kinds of speech or publications are covered? Broad protection of freedom of expression clause film, TVs, radio broadcasting vs. newspapers and other print media (accessibility, pronouncements, physical limits, internet)

 All speeches are not treated the same obscene, libel, lewd, fighting words). Press freedom; 4 aspects of press freedom: freedom from prior restraint, freedom from punishment subsequent to publication, freedom of access to information, and freedom from circulation. Content neutral regulation v. content based restraint censorship CNR = Substantial government interestintermediate approach (between mere rationality and compelling interest standard).

 CBR = Strictest scrutiny inherent and invasive impact; bears a heavy presumption of invalidity (clear and present danger rule justified by compelling reason and restrictions not overbroad or vague); feared violation of the law; national security of the state; no need for formal issuances to constitute prior restraint; chilling effect principle from NTC and DOJ Secretary; excepted from prohibition against prior restraint - pornography, false or misleading advertisement, advocacy of lawless actions, danger to national security.

Freedom of Expression

SORIANO V. LAGUARDIA, 587 SCRA 79 (2009) and 615 SCRA 254 (2010)

under freedom of speech or religious freedom foul language uttered in broadcast for general viewership could not be tolerated; with respect to the young minds, said utterances are to be treated as unprotected speech; test applied (balancing of interests); subsequent punishment/administrative sanction not prior restraint;

Exceptions to prior restraint - movies, tv and radio broadcast (due to its access to numerous people); MTRCB permits suspension of program, not of speaker; safe harbor (10pm to 6am vs. classification).

Freedom of Expression

BINAY V. SECRETARY, 501 SCRA 312 (2006)

adopted daughter of VP Binay; libel lingerie (lavish and extravagant lives; public interest; fair comment on fitness of father); no legal, moral, or social duty.

Freedom of Expression

GMA NETWORK, INC. V. BUSTOS, 504 SCRA 638 (2006)

medical board examinations' alleged errors; call for re-checking; GMA reported the filing of a petition for mandamus, with wrong accompanying video (file video); libel; news reporting is a privileged communication; presumption of malice does not apply.

Freedom of Expression

GUINGGUING V. COURT OF APPEALS, 471 SCRA 516 (2005)

libel v. libel; broadcast journalist; publication of criminal records, photos of arrest.

Freedom of Expression

PLEASANT GROVE CITY V. SUMMUM, 555 U.S. (2009)

free speech clause does not regulate government speech.

Freedom of Expression

Pharmaceutical and Health Care Association Of The Philippines v. Duque III, 535 SCRA 265 (2007)

Absolute ban on advertising and promotion of breastmilk substitute; Commercial speech protected; Lawful activity and not misleading; Asserted governmental interest must be substantial; Does State regulation directly advance the government interest asserted if it is not more than what is necessary to serve the interest?; Undue restriction is more than necessary.

Freedom of Expression

MVRS PUBLICATIONS, INC., V. ISLAMIC DAWAH COUNCIL OF THE PHILIPPINES, INC.

Fair criticism of religious principles Pork

Freedom of Expression

TULFO V. PEOPLE, G.R. Nos. 161032 and 161176, Sept. 16, 2008

Unsubstantiated attacks are not privileged.

FREEDOM OF PEACEFUL ASSEMBLY

Freedom of Peaceful Assembly

BAYAN V. ERMITA, 488 SCRA 226 (2006)

Public Assembly Act ( Calibrated Pre-Emptive Response); right to peaceably assemble and petition for redress and grievances; not content based regulation; lawful cause; Opinion, protesting, influencing (definition of public assembly); Petition the government for redress of grievances; Maximum tolerance (for protection of rallyists); Denial of permit (clear and present danger).

Freedom of Expression and Peaceful Assembly

DAVID V. MACAPAGAL-ARROYO, 489 SCRA 160 (2006)

Proclamation No. 1017 (G. O. 5) State of National Emergency Clear and present danger of a substantive evil that Congress has a right to prevent Randy David was arrested en masse revocation of rally permits (due process) Daily Tribune Pronouncement of Director General Lomibao's Presidential Chief of Staff Michael Defensor, NTC Chair (closure) overbreadth facial challenge not applied.

FREEDOM OF MOVEMENT

Freedom of Movement

MACAPAGAL-ARROYO V. DE LIMA (2011)

GMA, 3 Conditions posting of bond; appointment of legal representative common to GMA and FG who shall receive subpoena, orders, and other legal processes; notification of the Philippine embassies or consulates in the foreign countries they may traveling.

FREEDOM OF RELIGION

Freedom of Religion

ESTRADA V. ESCRITOR, 408 SCRA 1 (2003)

married court interpreter living with a married man not her husband Jehovah's witness Declaration of Pledging Faithfulness policy of benevolent neutrality (accommodation of religious practices) compelling state interest.

Freedom of Religion

RE: Request Of Muslim Employees In The Different Courts In Iligan City (Re: Office Hours), 477 SCRA 648 (2005)

Muslim court employees in Iligan City requested for adjustment in their working hours- (7:30 am to 3:30 pm during Ramadan without lunch and coffee break and excused from work from 10am to 2pm every Friday (Muslim Prayer Day). Exercise of religious freedom does not exempt anyone from compliance with reasonable requirements of the laws.

RIGHT TO INFORMATION

Right to Information

HILADO V. REYES, 496 SCRA 282 (2006)

court orders/judgments v. parties' pleadings etc. if information sought is not a matter of public concern or interest, denial access does not violate the constitutional right to information.

Right to Information

Executive Order No. 464

Executive Privilege who can invoke? (extraordinary power) Legislative Power of Inquiry vs. People's right to Information (compulsive process of power to exact testimony) Publication requirement (a matter of public interest - due process) -- E.O. 464 direct effect on the right to information on matters of public concern

Right to Information

SABIO V. GORDON, 504 SCRA 704 (2006)

PCGG Chairman Sabio required to testify before the Senate; Immunity under E.O. No. 1 was repealed by the 1987 Constitution on legislative inquiry; Inquiries in aid of legislation intended for the benefit of both Congress and citizenry.

Right to Information

AIR PHILIPPINES CORPORATION V. PENNSWELL, INC., 540 SCRA 215 (2007)

Collection suit for purchase price of certain items. Defense of fraud-mislabelling. Demand for disclosure of ingredients. Trade secrets are of privileged nature. Not absolute (if indispensable to justice).

Right to Information

ANTOLIN V. DOMONDON, 623 SCRA 163 (2010)

Demand to see questionnaires, answer sheets, answer keys and expalanations of the grading system. Does demand become moot when examinee subsequently passes the exam? Matters of public concern. limitations of demand.

Right to Information

In Re: Production Of Court Records and Documents and Attendance of Court Officials, etc. (Impeachment) Privileged

1. Court actions i.e. raffle, agenda except: party's request. 2. Court deliberations 3. Court records, predecisional and deliberative 4. Confidential Information under 2 and 3 5. Records of pending cases 6. Principle of comity or inter-departmental courtesy (N.B. No exception unless court itself consents)

Right to Information

PSB V. SENATE IMPEACHMENT COURT

Foreign Currency Deposit (absolute confidentiality vis-a-vis accountability and disclosure)

EMINENT DOMAIN

Eminent Domain

MANOTOK REALTY, INC. V. CLT REALTY DEVELOPMENT CORP., 582 SCRA 583 (2009)

Cleansing effect of expropriation proceedings

Eminent Domain

ORTEGA V. CITY OF CEBU, 602 SCRA 601 (2009)

A final and executory expropriation case. Orders of expropriation and just compensation cannot be modified. No more withdrawal of expropriation. Expropriation court cannot compel or demand issuance or passage of ordinance for payment. Landowner mandamus.

Eminent Domain

TIONGSON V. NATIONAL HOUSING AUTHORITY, 588 SCRA 56 (2008)

Reckoning date of just compensation. Taking through P.D. Invalidated. Filed complaint for expropriation. (date of taking is reckoning point).

Eminent Domain

REPUBLIC V. COURT OF APPEALS, 454 SCRA 516 (2005)

NIA entered 1972. Irrigation canals and construction phase. 1980 sale not implemented. 1993 suit for damages and just compensation. Defense laches/ prescription. Owner's right to recover property on its value does not prescribe.

Due process and equal protection. Taking (other than physical occupation). Practical; destruction or material impairment. Just compensation + 12% interest.

Eminent Domain

REPUBLIC V. GINGOYON, 478 SCRA 474 (2005)

Amount of deposit: procedural or substantial?

Eminent Domain

MASIKIP V. CITY OF PASIG, 479 SCRA 391 (2006)

Judicial review in eminent domain (just compensation, necessity of taking public purpose/use) For the benefit of home owners' association, i.e. its own sports and recreational facility plight of landowners.

Eminent Domain

MACTAN-CEBU INTERNATIONAL AIRPORT AUTHORITY V. LOZADA, SR., 613 SCRA 618 (2010)

The right to repurchase an expropriated property that is no longer needed for public purpose. Subject to the condition that property be utilized for the specific public purpose for which it was taken.

Eminent Domain

NATIONAL POWER CORPORATION V. TIANGCO, 514 SCRA 674 (2007)

Right of Way easements. transmission lines-- just compensation National Power Corp. (R.A. 6395). Easement Fee 10% market value of land (declared by owner or Municipal Assessor). Deprivation of Normal use (perpetual/indefinite). Though property remains with owner. High tension current.

Eminent Domain

NATIONAL POWER CORPORATION V. IBRAHIM, 526 SCRA 149 (2007)

surface land affected by unseen underground tunnels (115 meters below surface). 1978, through stealth and without knowledge and consent of landowners. 1992 discovered. To whom does the sub- terrain belong? How far up or how far down (height or depth) due process entry under warrant or color legal authority (element of taking)

Eminent Domain

HACIENDA LUISITA
Elements of taking:

entry which must be for more than a monetary period under warrant or color of legal authority property to be devoted to public use ouster of owner upon all beneficial enjoyment of property.

When is the date of taking of Hacienda Luisita?

1989 (SDP [stock distribution plan] officially approved by Presidential Agrarian Reform Council (PARC) 2006 (compulsory acquisition was subsequently mandated)

Eminent Domain

REPUBLIC V. HOLY TRINITY REALTY DEVELOPMENT CORP., 551 SCRA 303 (2008)

Who owns the interest of initial deposit? RA 8974 when does the government pay just compensation? Twice.

Eminent Domain

NEPOMUCENO V. CITY OF SURIGAO, 560 SCRA 41 (2008)

Taking in 1960 Action for recovery of payment When is the reckoning date? Actual or physical taking. The value once fixed shall earn interest until full payment. Can exemplary damages be recovered?

Eminent Domain

VDA. DE QUANO VS. REPUBLIC, 642 SCRA 384 (2011)

when government ceases to use expropriated property for its original purpose owners may demand reconveyance subject to payment of condemnation price.

Eminent Domain

NATIONAL POWER CORPORATION VS. HEIRS OF MACABANGKIT SANGKAY, 656 SCRA 60 (2011)

Inverse condemnation vs. Damages

NON-IMPAIRMENT OF CONTRACT

Non-impairment of Contract

Lepanto Consolidated Mining Co. V. WMC Resources Int'l. Pty. Ltd., 507 SCRA 315 (2006)

Retroactive application of legal requirement impairment of contract Mining Law Assignment or Transfer of FTAA With approval of the President

RIGHTS OF SUSPECT

Rights of Suspect

PEOPLE V. TING LAN UY, JR., 475 SCRA 248 (2005) When does entitlement to Miranda rights begin?
Custodial investigation - taken into custody - no longer a general inquiry - focuses on a particular person as suspect NPC conduct team's administrative investigation NBI's contemporaneous investigation kick off once a person has been arrested and in custody.

Rights of Suspect

PEOPLE V. REYES, 581 SCRA 691 (2009)

Rights available from the time a person is taken into custody for investigation of his possible participation in the crime or from the time he's singled out as a suspect although not yet in custody.

Rights of Suspect

PEOPLE V. MALINGAN, 503 SCRA 294 (2006)

domestic helper committed arson confession to Brgy. Chairman law enforcement officers (Brgy. Chairmen and Tanods)

Rights of Suspect

PEOPLE V. LAUGA, 615 SCRA 548 (2010)

Bantay Bayan members or voluntary barangay-based anti-crime in neighborhood watch group similarly covered by Miranda Doctrine.

RIGHTS OF THE ACCUSED

Bail

GOVERNMENT OF HONG KONG SPECIAL ADMINISTRATIVE REGION V. OLALIA, JR., 521 SCRA 470 (2007)

History of bail in extradition proceedings

Bail

GOVERNMENT OF USA v. PURGANAN

not entitled to notice and hearing not entitled to bail

Bail

GOVERNMENT OF USA v. RODRIGUEZ

bail already granted cannot be revoked without hearing.

Bail

GOVERNMENT OF HK v. OLALIA, JR.

Bail may be granted based on Universal Declaration of Human Rights of Internal Covenant on Civil and Political rights.

Standard- clear and convincing proof presumption involving suspect/a prospective extraditee

Detained Person and His Rights

ALEJANO V. CABUAY, 468 SCRA 188 (2005)

A person who is detained and not allowed to post bail and has to await his fate in detention (not deprivation of his rights and liberties). Privacy of correspondence of a detained person.

Presumption of Innocence

RE: CONVICTION OF JUDGE ADORACION G. ANGELES, RTC, BR. 121, CALOOCAN CITY IN CRIMINAL CASE NOS. Q-97-69655 TO 56 FOR CHILD ABUSE, 543 SCRA 196 (2008)

Presumption of innocence subsists even after conviction by the trial court and pending appeal. Presumption is lost only where there is final judgment.

Right of the Accused to be Informed of the Charges Against Him

ANDAYA V. PEOPLE, 493 SCRA 539 (2006)

Falsification of private documents No damage to offended party was proved Convicted for intent to cause damage to the government through evasion of tax Variance between information and evidence

Right of the Accused to be Informed of the Charges Against Him

PEOPLE V. ABULON, 530 SCRA 675 (2007)

Rape through sexual intercourse v. rape by sexual assault For what crime may the accused be convicted?

DAVIS V. WASHINGTON, 547 US 813 (2006)

911 calls/ statements made to the police admissible? Testimonial or non-testimonial Interrogation to meet an on going emergency Interrogation to establish post events potentially relevant to later criminal prosecution.

Right of the Accused to be Informed of the Charges Against Him

PEOPLE V. EVANGELIO, 656 SCRA 579 (2011)

Charge - robbery with rape. Judgment conviction and damages to rape victim and owners of properties taken improper award of actual moral damages in favor of person not specified in the information

Fair Trial vs. Right of people to Know

Petition for Radio and Television Coverage of the Multiple Murder Cases Against Maguindanao Governor Zaldy Ampatuan, 652 SCRA 1 (2011)

Estrada Plunder case (no T.V. Coverage) Maguindanao massacre (57 victims and 19 accused), (Yes. Pro hac vice) Right of the accused to fair trial free from prejudice caused by undue publicity vs. right of the people to know what is happening inside the courtroom Totality of circumstances test Transparent open and public trial subject to guidelines

Right Against Self-Incrimination

Agustin vs. Court of Appeals, 460 SCRA 315 (2005)

DNA, a valid means of determining paternity not violative of self incrimination clause

Right Against Self-Incrimination

Tanchanco vs. Sandiganbayan, 476 SCRA 202 (2005)

Privilege against self-incrimination vs. Immunity Statutes use or derivative-use immunity transactional immunity Former NFA Administrator Tanchanco immunity = testimony vs. Marcos in ill-gotten wealth cases still charged with malversation and failure to render accounting

 Agreement, deliberately broad service in or for the Marcos government any other action covered pursuant to his cooperation as defined in the Agreement judge made immunity (USA) vs. legislative grant (Phils) limitation Constitution only

Right Against Self-Incrimination

Disini vs. Sandiganbayan, 621 SCRA 415 (2010)

Jesus Disini immunity from testifying against Herminio T. Disini in the ill gotten wealth cases (testify for government Westinghouse case involving Bataan Nuclear Plant). government reneged grant of immunity includes grant of immunity for refusal to testify (civil or criminal prosecution) Fair play no to double cross

WRITS OF AMPARO, HABEAS CORPUS, AND HABEAS DATA

Habeas Corpus and Amparo Amparo Protection (Mexico); Amparo libertad; Amparo contra leyes; Amparo casacion; Amparo administrativo; Amparo agrario Writ of Amparo in the Philippines (preventive and curative) Relation to grave abuse clause For extra legal killings enforced disappearances (arrest, detention, abduction) right to life, liberty or security is violated or threatened to be violated;

 Permutations of right to security (Freedom from Threat); freedom from Fear; guarantee of bodily and psychological integrity or security; guarantee of protection of one's rights by government Forms of Relief available: production of documents; or disclosure of present places of official assignments of identified military personnel

Writs of Habeas Corpus and Amparo

expeditious inquiry into the nature of deprivation of liberty custody fights loss of records of a criminal case subsequent to conviction does not invalidate conviction nor warrant release through a writ of habeas corpus. proper remedy reconstitution remedy. Order for immediate release is immediately executory.

Writ of Amparo

Razon, Jr. vs. Tagitis, 606 SCRA 598 (2009) and 612 SCRA 685 (2010)

does not determine guilt or culpability for disappearance; determines responsibility/accountability totality evidence basic test: reason respondents who have retired from the service shall remain as such.

Writ of Amparo

Canlas vs. Napico Homeowners Ass'n, I XIII, Inc., 554 SCRA 208 (2008)

writ of Amparo not available against threatened demolition of dwelling by virtue of a final judgment.

Writ of Amparo

Burgos vs. Macapagal-Arroyo

effect of failure of PNP and AFP to conduct exhaustive and meaningful investigation and to exercise extraordinary diligence in the performance of their duties.

Writ of Amparo and Habeas Data

Noriel H. Rodriguez v. Gloria MacapagalArroyo, (15 November 2011)

Grant of Interim Relief: Where writ of amparo granted no need for issuance of protection order. Presidential immunity from suit (only when sitting as President, not after re: responsibility and accountability for abduction of Rodriguez

 command responsibility to pinpoint responsibility or accountability. command responsibility of the President for extrajudicial killings and enforced disappearances. requisites of command responsibility: existence of superior-subordinate relationship; superior knew or had reason to know the crime to be or had been committed; superior failed to take necessary actions to prevent or punish perpetrator

 effect of failure to conduct and fair and effect investigation. Responsibility-participation by act or omission Accountability-attach to one imputed with knowledge relating to enforced disappearance and who carry the burden disclosure or those who carry but have failed to discharge the burden of extraordinary diligence in the investigation of the enforced disappearance

DOUBLE JEOPARDY

Double Jeopardy

People vs. Sandiganbayan, 559 SCRA 449 (2008)

statutory construction [S.B.] legal disqualification vs. temporary disqualification Art 244 of RPC disqualification under the law SB's interpretation defies legal cogency

Double Jeopardy

Ivler vs. Modesto-San Pedro, G.R. No. 172716, November 17, 2010
irresponsible driving. damage to property injury to a passenger death to another passenger. filed 2 charges: RI resulting in physical injuries and RI resulting in homicide and damage to property if accused pleads guilty to first double jeopardy will set in - as for the second RI is a single crime Consequences material only to determine the penalty.

EX-POST FACTO LAW

Ex Post Facto Law

Salvador vs. Mapa, 539 SCRA 34 (2007) Ex post facto law; making a past act criminal; aggravating a past crime; inflicting greater punishment; altering the rules of evidence prejudicial to the accused. Additional: assumes to regulate civil rights and remedies but in effect imposes a penalty to deprivation of a right; deprives accused of some lawful protection to which he has become entitled. Admin Order 13 creating the Presidential Ad Hoc Fact Finding Committee on Behest Loans, MO No 61, not penal, hence not ex post facto. merely provides reference in behest loans

Ex Post Facto Law

Valeroso vs. People, 546 SCRA 450 (2008)

PD 1866 imposed reclusion temporal to reclusion perpetua for illegal possession of firearms. RA 8294 imposed prision correccional and fine can RA 8294 be imposed on a case pending appeal when it took effect?

FREE ACCESS TO COURTS

Free Access to Courts

Poverty and Legal Protection

Free access to courts Available to indigent people only (natural persons).

CITIZENSHIP

Dual Citizenship Suffrage

NICOLAS-LEWIS VS. COMELEC, G.R. No. 162759, Aug. 4, 2006

Dual citizens have the right to vote, albeit they lack the residency requirement.

Repatriation Effect on Children

TABASA VS. COURT OF APPEALS, G.R. No. 125793, Aug. 29, 2006

Repatriation of former natural born Filipino, who became naturalized alien by means of political or economic necessity. How will it affect their children? If children are minors when parents file petition for repatriation they tool should be benefited.

Dual Citizenship

LOPEZ VS. COMELEC

A Filipino-American or any dual citizen cannot run for any elective public position in the Philippines unless he or she personally swears to a renunciation of all foreign citizenship at the time of filing the certificate of candidacy.

Citizenship

CALILUNG VS. DATUMANONG

Citizenship RA 9225 not dual allegiance. As to what happens to foreign citizenship the law must deal with it.

LIBERTY OF ABODE

Liberty of Abode

GUDANI V. SENGA

Power to regulate movements of military officers and members belongs to the President as Commander in Chief.

PRIVACY OF COMMUNICATION AND CORRESPONDENCE

Privacy of Communication and Correspondence

Supreme Court Holds that a Government Employer's Search of an Employee's Messages on a WorkRelated Pager Was Reasonable and Not a Violation of the Fourth Amendment. Privacy of communication, correspondence paper assigned to employee may be searched.

END