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statutes as appropriate only insofar as these doctrines are used to mount facial
challenges to penal statutes not involving free speech. In an as applied
challenge, the petitioner who claims a violation of his constitutional right can raise
any constitutional ground - absence of due process, lack of fair notice, lack of
ascertainable standards, overbreadth, or vagueness. Here, one can challenge the
constitutionality of a statute only if he asserts a violation of his own rights. It
prohibits one from assailing the constitutionality of the statute based solely on the
violation of the rights of third persons not before the court. This rule is also known as
the prohibition against third-party standing. (Disini v. Secretary of Justice, G.R. No.
203335, February 18, 2014)
But this rule admits of exceptions. A petitioner may for instance mount a
facial challenge to the constitutionality of a statute even if he claims no violation
of his own rights under the assailed statute where it involves free speech on grounds
of overbreadth or vagueness of the statute. The rationale for this exception is to
counter the chilling effect on protected speech that comes from statutes violating
free speech. A person who does not know whether his speech constitutes a crime
under an overbroad or vague law may simply restrain himself from speaking in order
to avoid being charged of a crime. The overbroad or vague law thus chills him into
silence. (Disini v. Secretary of Justice, G.R. No. 203335, February 18, 2014)
D. Equal protection
1. Concept
2. Requisites for valid classification
3. Standards of judicial review
a) Rational Basis Test
for economic legislation.
b) Strict Scrutiny Test
for laws dealing with freedom of the mind or restricting the political process.
c) Intermediate Scrutiny Test
for evaluating classifications based on gender and legitimacy.
E. Searches and seizures
Section 2. The right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures of whatever nature and for any purpose shall
be inviolable, and no search warrant or warrant of arrest shall issue except upon probable
cause to be determined personally by the judge after examination under oath or
affirmation of the complainant and the witnesses he may produce, and particularly
describing the place to be searched and the persons or things to be seized.
1. Concept
2. Warrant requirement
a) Requisites
3. Warrantless searches
4. Warrantless arrests
5. Administrative arrests
6. Drug, alcohol and blood tests
F. Privacy of communications and correspondence
Section 3.
Limitations
Publication of laws and regulations
Access to court records
Right to information relative to:
a) Government contract negotiations
b) Diplomatic negotiations
K. Right of association
Section 8. The right of the people, including those employed in the public and private
sectors, to form unions, associations, or societies for purposes not contrary to law shall not
be abridged.
L. Eminent domain
Section 9. Private property shall not be taken for public use without just
compensation
1. Concept
2. Expansive concept of public use
3. Just compensation
a) Determination
b) Effect of delay
4. Abandonment of intended use and right of repurchase
5. Miscellaneous application
M. Contract clause
Section 10. No law impairing the obligation of contracts shall be passed.
1. Contemporary application of the contract clause
N. Legal assistance and free access to courts
Section 11. Free access to the courts and quasi-judicial bodies and adequate legal
assistance shall not be denied to any person by reason of poverty.
Presumption of innocence
Right to be heard
Assistance of counsel
Right to be informed
Right to speedy, impartial and public trial
Section 16. All persons shall have the right to a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies.
8. Right of confrontation
9. Compulsory process
10. Trials in absentia
Q. Writ of habeas corpus
Section 15. The privilege of the writ of habeas corpus shall not be suspended except in
cases of invasion or rebellion, when the public safety requires it.
R. Writs of amparo, habeas data, and kalikasan
S. Self-incrimination clause
Section 17. No person shall be compelled to be a witness against himself.
1. Scope and coverage
a) Foreign laws
2. Application
3. Immunity statutes
T. Involuntary servitude and political prisoners
Section 18.
No person shall be detained solely by reason of his political beliefs and aspirations.
No involuntary servitude in any form shall exist except as a punishment for a crime
whereof the party shall have been duly convicted.
U. Excessive fines and cruel and inhuman punishments
Section 19
1. Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment
inflicted. Neither shall death penalty be imposed, unless, for compelling reasons
involving heinous crimes, the Congress hereafter provides for it. Any death penalty
already imposed shall be reduced to reclusion perpetua.
2. The employment of physical, psychological, or degrading punishment against any
prisoner or detainee or the use of substandard or inadequate penal facilities under
subhuman conditions shall be dealt with by law.
Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If
an act is punished by a law and an ordinance, conviction or acquittal under either shall
constitute a bar to another prosecution for the same act.
1. Requisites
2. Motions for reconsideration and appeals
3. Dismissal with consent of accused
X. Ex post facto laws and bills of attainder
Section 22. No ex post facto law or bill of attainder shall be enacted.
VIII. Citizenship
A. Who are Filipino citizens
B. Modes of acquiring citizenship