Constitutional Law II - Finals Review (Habana Notes)

8/11/2019 Constitutional Law II - Finals Review (Habana Notes)

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CONSTITUTIONAL LAW II: FINALS REVIEWER (2013-2014) HABANA NOTES

DEFINITIONS & EXPLANATIONS

UNIFORM AND EUITABLE RULE OF TAXATIONUniformity in taxation means that persons or things belonging to thesame class shall be taxed at the same rate. Equitable taxation

connotes that taxes should be apportioned among the peopleaccording to their capacity to pay.

DOCTRINE OF INAPPROPRIATE PROVISIONSWhen the legislature inserts inappropriate provisions in a generalappropriation bill, such provisions must be treated as "items" forpurposes of the Governor's item veto poer over generalappropriation bills.

BILL OF RI!HTS!he article in the onstitution hich guarantees liberty as opposed toauthority as represented by the three inherent poers of the #tate,and hich defines and limits such authority$s reach, lest regulation

become encroachment and the pristine purity of rights is debased byna%ed poer

&t is a guarantee that there are certain areas of a person$s life, liberty,and property hich governmental poer may not touch

DUE PROCESS OF LAW!he general la, a la hich hears before it condemns, hichproceeds upon inquiry and renders (udgment only after trial)*+artmouth ollege ase, +aniel Webster

SUBSTANTIVE PROCESS OF LAW

&t requires the intrinsic validity of the la in interfering ith therights of the person to his life, liberty or property. !he inquiry in thisregard is not hether or not the la is being enforced in accordance

ith the prescribed manner but hether or not, to begin ith, it is aproper exercise of legislative poer. !o be so, the la must have a

valid governmental ob(ective. -urthermore, this ob(ective must bepursued in a laful manner.

PROBABLE CAUSE#uch facts and circumstances antecedent to the issuance of the

arrant that in themselves are sufficient to induce a cautious man torely on them and act in pursuance thereof

NON-ESTABLISHMENT CLAUSEo la shall be made respecting an establishment of religion orprohibiting the free exercise thereof. !he free exercise and en(oymentof religious profession and orship, ithout discrimination orpreference, shall forever be alloed. o religious test shall berequired for the exercise of civil or political rights)*/rt. 0, #ec.

#trong fences ma%e good neighbors). !he idea is to delineate theboundaries beteen the to institutions and thus avoidencroachments by one against the other because of amisunderstanding of the limits of their respective exclusive

(urisdictions. / union of hurch and #tate tends to destroygovernment and to degrade religion)

!he government is neutral, and hile protecting all, it prefers none,and it disparages none)

RELI!IOUS TESTS!he constitutional prohibition against religious tests is aimed againstclandestine attempts on the part of the government to prevent aperson from exercising his civil or political rights because of hisreligious beliefs

THE CLEAR AND PRESENT DAN!ER RULE

!he rule is that the danger created must not only be clear and presentbut also traceable to the ideas expressed. &t is a question of proximityand degree. !he character of every act depends upon thecircumstances in hich it is done.

BILL OF ATTAINDER/ legislative act that inflicts punishment ithout trial, its essencebeing the substitution of legislative fiat for a (udicial determination ofguilt


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CRIMINAL DUE PROCESSo person shall be held to anser for a criminal offense ithout dueprocess of la) */rt. 0, #ec. 12314

riminal due process requires that the accused be tried by an

impartial and competent court in accordance ith the procedureprescribed by la and ith proper observance of all the rightsaccorded him under the onstitution and the applicable statutes

EXCLUSIONAR" RULEEvidence collected or analy5ed in violation of the defendant$sconstitutional rights is inadmissible for a criminal prosecution in acourt of la. &t is submitted that it may nonetheless be used in the

(udicial or administrative action that may be filed against the officerresponsible for its illegal sei5ure.

S#$% 3(2) A'% 3:/ny evidence obtained in violation of this or thepreceding section shall be inadmissible for any purpose in anyproceeding)

MIRANDA DOCTRINEthe person must be arned that he has a right to remain silent, thatany statement he does ma%e may be used as evidence against him,and that he has a right to the presence of an attorney, either retainedor appointed. !he defendant may aive effectuation of these rightsprovided the aiver is made voluntarily, %noingly and intelligently.&f, hoever, he indicates in any manner and at any stage of theprocess that he ishes to consult ith an attorney before spea%ingthere can be no questioning)*M'*+,* . A'/+* 34 US 43

RES !ESTAE#tatements made by a person hile a startling occurrence is ta%ingplace, or immediately prior or subsequent thereto ith respect to thecircumstances thereof, may be given in evidence as part of the resgestae.

BAIL BOND!he security given for the release of a person in custody of the la,furnished by him or a bondsman, conditioned upon his appearance

before any court as may be required

*6ule 112, #ec 1 of the 6ules of ourt

DOCTRINE OF SUPERVENIN! EVENT!he accused may be prosecuted for another offense f a subsequentdevelopment changes the character of the first indictment under

hich he may have already been charged or convicted

DOUBLE EOPARD"o person shall be tice put in (eopardy of punishment for the sameoffense. &f an act is punished by a la and an ordinance, convictionor acquittal under either shall constitute a bat to another prosecutionfor the same act)*/rt. 0, #ec. 71

INVOLUNTAR" SERVITUDE!he condition of one ho is compelled by force, coercion, orimprisonment and against his ill, to labor for another, hether he ispaid or not

EX POST FACTO LAW8ne that ould ma%e a previous act criminal although it as not soat the time it as committed

DOUBLE TAXATION!here is such hen additional taxes are laid on the same sub(ect bythe same taxing (urisdiction during the same taxing period and forthe same purpose

DEBT/ny civil obligation arising from contract, express or implied.

POLL TAX/ specific sum levied upon every person belonging to a certain classithout regard to his property or occupation

WRIT OF HABEAS CORPUS/ prerogative rit of liberty employed to test the validity of aperson$s detention


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OBECTIVES & ENUMERATIONS

SPECIFIC LIMITS ON THE POWER TO TAX1. +ue 9rocess7. Equal 9rotection

0. 9ublic 9urpose

DELE!ATION OF THE POWER OF TAXATION1. :ocal :egislative ;odies7. 9resident

REUIREMENTS OF PROCEDURAL DUE PROCESS INUDICIAL PROCEEDIN!S1. I5*'*6 *+, C5##+ C7'7. 7'.,$+lafully acquired over the person of the defendantand over the property0. H#*'+8< +efendant must be given an opportunity to be heard2. 7,8#+must be rendered upon laful hearing

UDICIAL PROCEEDIN!S1. #ubstantive7. 9rocedural

REUISITES OF PROCEDURAL DUE PROCESS INADMINISTRATIVE PROCEEDIN!S1. 6ight to a hearing, hich includes the right to present one$s caseand submit evidence7. !ribunal must act on its on independent consideration of the laand facts of the controversy0. !ribunal must consider evidence presented

2. Evidence must be substantial=. +ecision must have something to support itself>. +ecision must be rendered on the evidence presented?. ;oard or body should render its decision in such a manner that theparties to the proceeding can %no the various issues involved

FREE ACCESS TO COURTSfree access to the courts and quasi@(udicial bodies and adequatelegal assistance shall not be denied to any person by reason ofpoverty)*#ec. 11, /rt. 0

CONDITIONS THAT MUST BE COMPLIED WITH TO MA9ETHE CLASSIFICATION OF CON!RESS VALID1. ;ased on substantial distinction7. Germane to the purposes of the la

0. ot limited to existing conditions only2. /pply equally to all members of the class

CONSTITUTIONAL REUIREMENTS OF A VALID SEARCHWARRANT1. &t must be based upon probable cause7. 9robable cause must be determined personally by the (udge0. +etermination must be made after examination under oath oraffirmation of the complainant and the itnesses he may produce2. &t must particularly describe the place to be searched and thepersons or things to be sei5ed

PRIVAC" OF COMMUNICATIONS ANDCORRESPONDENCE1. :aful order of the court7. 9ublic safety or order*#ec. 0314, /rt 0

FREE EXERCISE OF RELI!ION1. -reedom to believe7. -reedom to act on one$s belief

CIRCUMSTANCES OF NON-VIOLATION OF THEESTABLISHMENT CLAUSE1. #tatute has a secular legislative purpose

7. &ts principal or primary effect is one that neither advances norinhibits religion0. &t does not foster an excessive government entanglement ithreligion)

SPECIFIC RESTRICTIONS ON THE LIBERT" OF ABODEAND TRAVEL/. LIBERT" OF ABODEA:aful order of the court;. RI!HT TO TRAVELA ational security, public safety or publichealth as may be provided by la


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LIMITATIONS TO THE EXERCISE OF THE RI!HT TOINFORMATION AND THE STATE POLIC" OF PUBLICDISCLOSURE1. ational #ecurity matters and intelligence information7. !rade secrets and ban%ing transactions

0. riminal Batters2. 8ther confidential information*C*#/ . PC!! 2;; SCRA


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34hen the subsequent information charges another and differentoffense, although arising from the same act or set of acts, there is noprohibited double (eopardy) *P#56# . T*$-*+ 12 SCRA 01

TERMINATION OF CASES

1.ACUITTALA executory upon rendition and entitles the accusedto immediate release7. CONVICTIONA appealable ithin 1= days but becomes final ifthe convict starts serving his sentence even before the expiration ofthis period

PROHIBITED PUNISHMENTSS#$% 1; A'% 3:*1 Excessive fines shall not be imposed, nor cruel,degrading or inhuman punishment inflicted. either shall the deathpenalty be imposed, unless, for compelling reasons involving heinouscrimes, the ongress hereafter provides for it. /ny death penaltyalready disposed shall be reduced to reclusion perpetua

*7 !he employment of physical, psychological, or degradingpunishment against any prisoner or detainee or the use ofsubstandard or inadequate penal facilities under subhumanconditions shall be dealt ith by la)

ADMISSIBILIT" OF EXTRAUDICIAL CONFESSION1. Foluntary7. With assistance of counsel0. &n riting2. Express

BAR TO DOUBLE EOPARD"

1. #tate itness7. /mnesty

NO CONSTITUTIONAL RI!HT TO BAIL1. /ccused is charged ith an offense punishable by reclusionperpetuaAND7. Evidence against him is strong

EXCEPTIONS TO INVOLUNTAR" SERVITUDE1. 9unishment for a crime7. +efense of the #tate

0. aval Enlistment2. 9osse omitatus *&n pursuit of persons ho have violated the la=. 9ublic &nterest>. 9atria 9otestas


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URISPRUDENCE

S+#66 . D>+ (20 SCRA 33)!he #upreme ourt, noting that arrants ere issued uponapplications alleging a violation of entral ;an% circularsd, the !ariff

and ustoms :a, the &nternal 6evenue ode and the 6evised 9enalode), declared through hief ustice onceptionH

In other words, no specific offense had been alleged in said applications.The averments thereof with respect to the offense committed were abstract.As a consequence, it was impossible for the judges who issued the warrantsto have found the existence of probable cause, for the same presupposes theintroduction of competent proof that the party against whom it is soughthas performed particular acts, or committed specific omissions, violating a

given provision of our criminal laws)

/rticles illegally sei5ed are not admissible as evidence. Whileconceding that the officer ma%ing the unlaful search and sei5ure

may be held criminally and civilly liable, it observed that most(urisdictions have reali5ed that the exclusionary rule is the onlypractical means of enforcing the constitutional in(unction) againstabuse

/rtificial persons, li%e corporations, are also entitled to the guaranty.

P6*$#' . V66*+7#* (12 SCRA 43)&t puts to rest *let us hope the indecisions of the #upreme ourt onthe question of ho should determine probable cause as arequirement for the issuance of a arrant of arrest

#everal informations ere filed by the petitioner prosecutors hohad certified that they had conducted the required preliminaryinvestigations. !he (udge as%ed them to submit the supportingaffidavits so he could determine hether or not the corresponding

arrants of arrest should be issued, but the prosecutors refused,arguing they had the authority under 9+I11 to determine probablecause. !he #upreme ourt disagreed, ruling that the issuance of the

arrant of arrest as not a ministerial function of the (udge ho hasthe right to determine for himself the existence of probable cause.

While he could rely on the findings of the prosecutor, he asnevertheless not bound thereby. !he ourt cited 6ule 117, #ection >

of the 6ules of ourt, providing that a (udge may issue a arrant ofarrest only if he is satisfied from the investigation conducted by himor the prosecutor that there is probable cause.

S6#+ . M*>*.*' (1< SCRA 3;3)

9ersonally determined)

What the onstitution underscores is the exclusive and personalresponsibility of the issuing (udge to satisfy himself of the existenceof probable causeD the (udge is not required to personally examinethe complainant and his itnesses.

3h4e shall *1 personally evaluate the report and the supportingdocuments submitted by the fiscal regarding the existence ofprobable cause and on the basis thereof, issue a arrant of arrest, or*7 if on the basis thereof he finds no probable cause, he maydisregard the fiscal$s report and require the submission of supportingaffidavits of itnesses to aid him in arriving at a conclusion as to theexistence of probable cause

V*6+# . D# V66* (1


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right. The fortunes of business cannot be controlled by controlling a fundamental

human freedom)

#upreme ourt released on habeas corpus a housemaid ho asbeing detained and required to render domestic services in paymentfor the money advanced for her transportation from the province

M*'$. . M*+86*57. (1


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no legal ground could be established. /ccordingly, hearings ereconducted to receive evidence on this matter, including 7 closed@doorsessions in hich relevant classified information as divulged by thegovernment to the members of the ourt.

!he 9resident has authority hoever it is sub(ect to (udicial revie.!o conditions must concur for the valid exercise of the authority tosuspend the privilege to the rit *a there must be"invasion, insurrection, or rebellion" or "imminent danger thereof,"and *b "public safety" must require the suspension of the privilege.9resident has three *0 courses of actionH *a to call out the armedforces< *b to suspend the privilege of the rit of habeas corpus< and*c to place the 9hilippines or any part thereof under martial la. ehad, already, called out the armed forces, proved inadequate. 8f theto other alternatives, the suspension of the privilege is the leastharsh.


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FUNDAMENTAL POWERS OF THE STATE

POLICE POWER TAXATION EMINENT

DOMAIN

INHERENT, and may be exercised without need of express

constitutional grant

Not only necessary but INDISENS!"#E$ The State cannot

continue or be effecti%e unless it is able to exercise them

&ETH'DS by which the State interferes with pri%ate rights

resuppose an E()I*!#ENT +'&ENS!TI'N for the

pri%ate rights interfered with

rimarily exercised by the #EIS#!T)RE

Regulates both

liberty and property

!ffect only property rights

Exercised only by o%ernment !lso exercised by

pri%ate entities

roperty is

destroyed

roperty is wholesome because it is

intended for public use or purpose

+ompensation is

the intangible

altruistic feelingthat he has

contributed to thegeneral welfare

! full and fair e-ui%alent of the property

expropriated or protection and public

impro%ements for the taxes paid

Constitutional Law II - Finals Review (Habana Notes)

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