Loading documents preview...
November 15, 2017
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 take the NMAT 3 times. And, he flunked it, took it, and flunked
Before we start discussing on the provisions of the Bill
it, as many times as he took it, so 3 times. And, when he tried to
of RIghts, under Article III, we go first to the preliminaries.
take it again, he applied with the Department of Education, his application was rejected because of the rule that he can only take
We discuss the concept of academic freedom. It is
the NMAT 3 times. So, he did not agree with that rule. He went
there in Article 14, Section 5 of the Constitution. This academic
to the court to compel his admission with the DECS. He wanted
freedom shall be employed in all institutions of higher learning.
to be a doctor. So, adto syag court to challenge the policy and to
What does this mean? What is this academic freedom? In the
force the DECS, the Department of Education, to allow him to
syllabus, there are 3 types. We have the academic freedom of the
take the NMAT. He invoked, among others, his constitutional
institution, the academic freedom of the professors, and the
right to academic freedom and quality education. These are
academic freedom of the students.
separate rights. He challenged the constitutionality of the order of the resolution, that 3flunk rule, and the validity of that. So, the
We will be discussing, under the first part, the
court actually decided in his favor, and it ordered the Department
academic freedom of the institution, or the institutional
of Education to allow him to take the NMAT. So, is the RTC
academic freedom.
correct in doing that? The Court said that NO. Why? An important discussion here is the purpose of the NMAT. Just like
It is the right of a school or college, an institution of
the bar exam, naay rationale, naay purpose nganong naay
higher learning, to decide and adopt its aims and objectives and
PHILSAT, naay NMAT. Here, the NMAT is a regulation for the
to determine how these objectives can be best obtained, free from
practice of medicine, and all its branches. Why? We cannot allow
outside coercion, or interference, except if there is an override of
someone who is not competent enough to study that specific
public welfare, interest which involves the people. When you say
field, and then, allow the person to practice. Are you willing to
institutional academic freedom, it involves these 4 fundamental
undergo surgery from someone who is wellsuited to being a
freedoms.
street sweeper? So, that is the rationale, dapat naay screening process because not everyone is meant to do a specific
1.
2.
3.
First is that it can determine who may teach so naay
professional calling. Here, legislation and administrative
screening process kung kinsay pwede mutudlo. We will be
regulations requiring those who wish to practice medicine, first,
discussing that freedom in one of the cases.
to take and pass the medical board exam, these have been
The second freedom is who may be taught. It can sift
recognized screening, or regulations as valid exercises of police
or determine kung kinsang mga students ang pwede
power. So, similarly, ang bar exam nato is designed to sift kung
pasudlon sa institution, noh, naa silay standard, etc. kung
kinsa tung pwede maallow to practice. You cannot give that
kinsay maretain, kinsay dili maretain.
privilege to someone who will only destroy the life of someone
The third is it determines how the lessons should be
who is dependent on your services. So, here, again, the purpose is
taught, in pursuit of its objectives. 4.
to protect the public from potentially bearing the effects of incompetence and ignorance of those who would undertake to
And that, it can also determine who may be admitted
treat our bodies and minds from the diseases of the common. So,
to study. So, kani tong sugod pa lang noh ah gisala na.
this 3flunk rule, consistent with the discussion of the Supreme Now, we have the interesting case of DECS v. Sandiego. We
Court here, is a valid regulation, as much as the NMAT itself.
have the case here of a graduate of a bachelor’s degree in
The Court emphasized here that no one has a constitutional right to a profession can assail that the right to be a lawyer or the right 1
to be a doctor, it is a privilege. You cannot insist on being a
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 same course in the first semester, but, she was told in a letter that,
physician if you would be a menace to your patients. If one who
she had been barred from readmission to the school. What were
wants to be a lawyer may prove better as a plumber, he should be
the grounds? Her questions, frequent questions, were difficult.
so advised, and (—)vised. And, of course, he may not be forced
Dili siya cooperative in class. Also, she’s, among others, wala na
to be a plumber, but, on the other hand, he may not force himself
lang gidiscuss sa SC, but this is a seminary noh so she can’t
in his entry into the Bar. So, that is the point of this case. Also,
insist daw. Pero kani ang grounds na gimention sa pari diri. Di
the second right, which he invoked, to quality education is not
daw sya kabalo, lisod daw sya pakisamahan. So, she was barred
something that is absolute. Under the Constitution, that right is
from admission. Of course, she wanted to insist that she is
subject to fair, reasonable, and equitable admission and academic
entitled to enroll in this institution, so, she went to Court to
requirements. So, here, under the Constitution, you cannot
compel this institution to have her enrolled. Can the school be
complain if the standards are too difficult because that is the right
compelled to allow her to enroll? The Court said that NO. The
of an institution of higher learning to set that standard.
remedy which she availed is the remedy of mandamus. Mandamus is a remedy to compel someone to do a specific duty.
This academic freedom is also applied by the Supreme Court in
Now, does the school here have a duty to admit her? The Court
the conferment of honors. You cannot force the school to confer
said that NO. Why? Because the school has ample discretion
upon you an honors. Here, we have the case of Morales v. The
kung kinsa ang pwede pasudlon o paskwelahon sa iyaha. The
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
bring her grade lower than the grade nga tagaan ug mga honors.
discretion to turn down even qualified applicants, due to the
Because of the inclusion of that grade, dili na sya matagaan ug
standards that they may impose. Again, you cannot just force
cum laude. So, she took offense, she went to Court, questioned
yourself in the institution on the invocation of your right to
the decision here, of the BOR of the UP. She wanted that honors
quality education because the school has its own right. Your
degree, cum laude honors. Can she do that? The Court said that
admission does not rest on your uncontrolled discretion.
NO. Schools of higher learning are given ample discretion to
Standards must be met. Here, the Court also had a discussion on
formulate rules and guidelines in the granting of honors, for
the 2 aspects of academic freedom. (1) So, the first aspect being
purposes of graduation, and that is part of its academic freedom.
the academic freedom of a faculty member, the academic
As we said earlier, it is the freedom given to an institution of
freedom of professors. (2) And, the second, the academic
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 Academic freedom has also been invoked by schools, institutions
right to pursue his studies in a particular specialty, and then,
of higher learning, in order to determine who may be admitted to
after, may make known or publish the result of his endeavors,
the school. We have the case of Garcia v. The Faculty
without fear that the conclusion would be visited on him in the
Admission Committee and Father Lambino of the Loyola
event that his conclusions are found distasteful, etc. So, he can pursue a specific study, research noh. He can present his
School of Theology. Here, we have a female, Epicharis, who
conclusion even if it is contrary to existing (). Dili sya ipenalize
wanted to continue studying in the Loyola School of Theology.
for whatever his findings are. The second discussion, the second
This is a seminary. So, in the first year, giallow sya magstudy
academic freedom which was discussed here is academic
noh. But, eventually, in the next year, she wanted to enroll in the
freedom of the institution of higher learning. So diri gienumerate 2
sa SC katong 4 fundamental freedoms. There is also a distinction
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 diri. What is this virtue? It is this student discipline. It is a
laid out here by the SC as to the 2 aspects of freedom, freedom ni
necessary, if not, an indispensable, value in any field of learning.
faculty ug freedom ni institution. As for the freedom of the
By instilling discipline, the school teaches discipline.
institution, again, decides for itself its aims and objectives, and
Accordingly, the right to discipline the student finds basis on the
how best to attain them, free from outside coercion or
freedom on what to teach. So, dili lang ang basis diri sa
interference. Dili ka pwede mamugos, ang State or whatsoever
pagsustain sa decision sa DLSU to expel, the right as to who
kanang standards na iyang gipili because they have this academic
may be admitted to study, but, also, it also has the right what to
freedom, to lay down their own standards, to reach their own
teach. Here, it is teaching the students discipline, bantog
objectives. What is the distinction between the freedom of the
natanggal sila kay wala silay disiplina. Another invocation of the
faculty and the freedom of the institution of higher learning? The
right to education was raised here by the students. Again, that
personal aspect of academic freedom consists in the right of each
right is limited. It is not absolute. That right is subject to
university professor or teacher to seek and express the truth. On
reasonable standards of the school.
the other hand, the academic freedom of the institution dwells more on the internal conditions in reaching its own objectives,
Civil Service v. Sojor. Kani, tables have turned. This is a teacher
admission, curriculum, appoint, allocation of income. So, mao
who was expelled from a state university for doing illegal things
nang distinction. The right of the professor is more personal to
with the students involved here. What did this professor do? He
him, more on the pursuit of whatever studies he’s seeking to
committed dishonesty in his conduct, etc. because he approved
pursue, publish whatever work he has. The school, on the other
the release of salary differentials, and falsified documents, and,
hand, lahi pud ang iyang thrust. Now, the Court enumerated here
among others, he appointed his halfsister to a certain position in
the 4 freedoms: freedom of the institution as to who may teach,
that school. So, gifilean syag kaso before the CS because this
what may be taught, how it shall be taught, and who may be
was a state university. He argued that the Civil Service has no
admitted to study. So, based on this discussion, the Court said
jurisdiction, among others. Also, naa pud daw siyay academic
that the institution here has the academic freedom to determine
freedom. His removal from office violates his right as a professor
who may be taught. So, dira pa lang, wala na, she cannot insist
to academic freedom. The Court said that he cannot invoke that
because this freedom belonging to the school, it has the
right in this case. First of all, the institution here has the right to
discretion on who can be allowed to study in it.
determine in the first place as to who may teach. So, pwede pud niya masift not only the students but also the professors who can
Now, in DLSU v. CA. We have here a fraternity war that, as a
teach in the institution, number one. What else? The professor
result thereof, certain students belonging to a fraternity were
here who was fired from the school also invoked his own
expelled. They were given notices to due process, etc. Gitagaan
academic freedom. The Court said that finds no application in
silag chance to explain themselves why there were mauling
this case because we are not talking here of the pursuit of truth,
incidents, what caused that, and at the end of the day, they were
your research, etc. The case against you involves violation of
still expelled from the school. Gicontest sa students ang ilahang
Civil Service rules. He was facing charges of nepotism,
pagkaexpel from the school. And, in the defense of the school, it
dishonesty, falsification, and these are grave offenses, which you
said that it has the right to academic freedom. Who prevailed in
cannot shield yourself by the invocation of this academic
this case? The court said that the school here can invoke its right
freedom. The guaranteed academic freedom does not give the
to academic freedom. Again, DLSU here is an institution of
institution, here also the professor, the inviolate authority to
higher learning, and, being so, it is given these 4 freedoms, who
perform acts without any statutory basis. For that reason, a
may teach, what may be taught, how it shall be taught, and who
school official may not be permitted to commit violation of Civil
may be admitted to study. There is also an interesting discussion
Service rules, under the justification of his freedom to do so
here as to the freedom as to what may be taught. What was
under the principle of academic freedom. In other words, it is not
supposed to be taught here by the school? Giemphasize sa school 3
something you can use as a shield to irregularity or illegal acts,
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 of the constitution. What else was discussed by the Court here?
here, by the professor
Aside sa fact na si school naa syay academic freedom, naa pud syay management prerogative, under the Labor Code. Of course,
Now, we have the case of Mercado v. AMA Computer College.
however, these rights are not something which you can just
Here, we have professors or faculty members of the AMA
exercise without limitation because we have existing labor laws.
Computer College. And, in their contracts with the AMA,
So, there are limitations placed in the labor code to protect the
probationary employees sila. Now, the AMA conducted a test for
rights of our professors, mao ni sya ang nagabalance sa rights sa
them, karapatdapat ba sila maretain sa school, etc. And then, they
empleyado ug sa right sa school right sa school to maintain its
failed the test. Among others, there were also standards here
standing, or its quality and the right of the professors to their
which they failed to achieve, and so, they were dismissed by the
security of tenure, security of their jobs. So, we have provisions
school. So, they went to the Labor Arbiter. Niadto sila sa Labor,
on employment on probationary status under the Labor Code. It
to file an illegal dismissal complaint against the AMA. In its
is a fine balancing of interests between labor and management
defense, the AMA said that the reason why their contracts were
that the Labor Code has institutionalized. what is required under
not renewed, they were probationary employees, meaning
the LC for you to be validly, tama ang pagtanggal sa imuha when
gisubject sila to the probationary period conditions of
you are under a probationary status? here, it was not denied na
probationary employment. The reason that they were not
probationary ning mga professors. Labor code provides that
renewed was because among others is they failed to pass this
employment on probationary status affords management the
Performance Appraisal System for Teachers, a test. Also, they
chance to fully scrutinize the true worth of hired personnel before
failed to comply with the other requirements for regularization.
the full force of the security of tenure guaranteed by the
In other words, their termination was valid, or for cause. Also,
Constitution comes into play. So, this probationary status is
the AMA claimed that it has the right, or it was justified, rather,
actually a mechanism to afford the school the right to instill or to
in terminating or not renewing their contract because it has the
evaluate the professors and also naay corollary right ginahatag sa
duty to maintain high academic standards. Can the school here
mga empleyado which is discussed by the Supreme Court here.
invoke academic freedom as a defense against the illegal
Just because we are probationary employees does not mean you
dismissal? The Court had a discussion here as to balancing of the
can fire us because the reason of why we are, the fact that we are
rights of the professor and the academic institution. Is it because
probationary employees means that we should be given at the
ikaw institution ka you have the freedom to determine who may
outset the standards by which unsa ang amuang ifollow para
teach, does this give you unbridled authority to fire professors for
mamaintain namo if not mapromote mi or mahire mi as regular
no reason at all? The Court said that NO. Why? The protection of
employees. So, here, that is the protection given by the Labor
the professors here is stated in the Labor Code. Anyway. There is
Code. If you are a probationary employee, the employer is given
a discussion here as to the academic freedom again, the concept
the right to terminate you if you did not meet the standards, but,
of what are the fundamental freedoms of the institution, who may
you, as an employee, is also given the right to know the standard
teach blah blah blah, you know that. And, here, the Court, in
of the school as to kanusa ka materminate ug kanusa ka dili
enumerating that, discussed that the school, the AMA, being an
materminate or maregular. So, that’s what happened here.
institution of higher learning has the inherent right to choose who
Because of this provision, provisions of the Labor Code, on
may teach, in order to establish high standards of competency for
probationary employment, gipangita sa Supreme Court diri ang
its faculty. It has the inherent right to establish its standards of
basis sa pagtanggal sa ilaha. The Court found out that the
competency and efficiency. In other words, it can meet down
standards that should have been given to the professors here at
these standards para iobserve ni sa mga professors, ifollow nila
the outset of the employment were not given to them, or atleast
para mamaintain ang standards sa school. It’s part of academic
wala naprove diri sa school na gihatag ni sa mga empleyado
freedom. What is the rationale nganong gitagaan ug right na ani
before they were hired. Labor, for its part, is given the protection,
ang school? In order to, because quality education is a mandate
under the probationary period, of knowing the company 4
standards they have to meet during their probationary
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 Nganong wala man silay right? Because, it is the dean that has
period, and to be judged on the basis of these standards. Because
the discretion to approve or disapprove the composition of a
wala nila napakita diri sa school na naay standards in the first
thesis committee. In other words, the students here do not have
place na gihatag niya sa empleyado, the Court concluded that it
the right na naa silay thesis proposal, right nila na iapprove na ng
was an illegal dismissal case here. So, what could you take from
dean. Baliktad. It is the dean which has the discretion to approve
this case? What you take here is that, even if the school has
or disapprove their thesis. So, dira pa lang di na nila pwede
management prerogative to dismiss employees, etc., probationary
macompel ang dean through a preliminary mandatory injunction.
employees, and also the inherent freedom to determine who may
What else was the basis for the Supreme Court to say that the
teach, the professors also have the right to be protected under the
trial court was wrong in issuing that mandatory injunction?
Labor Code as to their security of tenure to be given the chance
Academic freedom, this freedom includes the prerogative to
to themselves, during their probational employment, primarily,
establish requirements for graduation, such as, the completion of
by being informed of the standards na dapat nila ifollow, so that
the thesis, and the manner by which this shall be accomplished
they can be absorbed by the institution.
by their students. Because of this, naay standard na giimpose si UP Visayas na gifollow lang ni dean, gidisapprove nya tung mga
Calawag v. UP Visayas. Here, we have students who were
thesis proposals. Consistent with that academic freedom, walay
studying, or enrolled, in the master’s program, Master of Science
katungod ning mga studyante nga pugson ang school because it
in Fisheries Biology at UP Visayas. So, part of this master’s
is the freedom of the school to do that. Right to education again
program is that they have to submit a thesis. So, they enrolled in
was invoked by the students here. And again, this right is not
this thesis program, granted their tentative thesis titles, and
absolute. Under Article 14, Section 5 of the Constitution, you
obtained the consent of their thesis adviser. Now, when they
have a right, every citizen has the right to select profession or
were finished with their drafts, etc., they were sent to the dean.
course of study but subject to fair, reasonable and equitable
They were disapproved. What was the reason of the dean? The
admission and academic requirements. So, this is the limitation
dean said that they were not appropriate for their chosen master’s
of the constitution. Your right to quality education is not
degrees. So karon, kaning sila mga students probably they were
absolute.
so tired to think of other topics, they went to the court to compel the dean to approve their thesis titles. In fact, the court here ruled
What about student academic freedom? Gidiscuss naman nato
in their favor, and, ordered, compelled the dean to accept their
ganiha ang academic freedom ng institution of higher learning,
thesis proposal which the dean here refused to honor. Was the
academic freedom of the professor, a member of the faculty.
Court here correct in doing that? The Court said that no. What
Now, do students, do we have academic freedom? Well, under
was the remedy again? The remedy here pursued by these
the Philippines, there are students discussing student academic
professors is this preliminary mandatory injunction. When you
freedom but we rely our laws in other jurisdictions. discussing
say preliminary mandatory injunction, it is, kung makadaog ka
student academic freedom, we have an article here oh, essay ().
tagaan kag injunction sa court, mandatory injunction, you will be
In the United States, naa silay student academic freedom. It has
compelled to do something. Naa pud tay ginatawag na
been discussed in their courts there. In his discussion giingon
preliminary injunction, you will be compelled to stop doing
niya that, student freedom is a traditional accompaniment of
something. Here, preliminary mandatory injunction to compel the
faculty freedom and the level of academic freedom of other
dean to admit them. Now, one of the requirements before you can
schools, meaning side by side ang academic freedom sa professor
be given or before tagaan or issuan kag aning mandatory
ug ang academic freedom sa studyante. So, what does this
injunction is you have to show to the Court that you have, as the
student academic freedom entail? Unsa ba ang saklaw kaning
applicant, a clear and unmistakable right. The Court said that the
freedom nato. It protects not only the free expression rights of
students here need to show a clear and unmistakable right to use
students, generally, pwede mo magrally dira provided na
protection of this prelim inary mandatory injunction. Why?
gafollow mo sa regulations, but also, this right speaks, 5
specifically, of the freedom of students in the classroom, what is
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 We now go to the provisions of the bill of rights. But, first, just a
this? It requires the professor to encourage free discussion,
review on the basic concepts of the constitution.
inquiry and expression, () and to evaluate students solely on an academic basis and not on opinions or conduct in matters
When we have a provision in the constitution which is vague, can
unrelated to academic standards. So, mao ni in their jurisdiction,
you determine if it is selfexecuting or not selfexecuting, how do
naay requirement daw ang professor to perpetuate discussion so
you interpret it? Is it self executing or not self executing? It
do not be afraid to ask questions. We have to deal with that
should be selfexecuting. If there is a doubt as to the
because it’s part of learning. They can inquire. You also have the
interpretation of that provision, it must be considered as self
right na dili arbitrary ang paggrado sa inyuha. Not because the
executing. Therefore, unless it is expressly provided in the
professor hates your face or your arrogance, but because of
constitution that a legislative act is necessary to enforce a
objective standards, your performance in the exam, your
constitutional mandate, the presumption now is that all
performance in the recitation, etc., which has been admittedly
provisions of the constitution are selfexecuting. There are
gidiscuss na nako sa inyuha last meeting. So, you are already
provisions which are clearly, in the constitution, dili jud sya
afforded notice so naa na tay due process, if ever you complain
pwede maging selfexecuting. For example, the declaration of
na wala mo giingnan sa standards. What else? Not only inside the
policies, the reason being kay broad kaayo sya noh, bantog dili
classroom, there is also this, academic freedom also exists
sya pwede maexecute without an implementing legislation. But,
outside the classroom. According to him, students bring to the
other provisions are considered to be, in case of doubt, self
campus a variety of interests previously acquired to develop
executing.
many new interests as members of the academic community. So, because of that, they should be free, the students here should be
Is the bill of rights, are the provisions there self executing? We
free to join and organize associations to promote their common
learned that they are.
interests. So, naa pud tay freedom to form groups, organizations, etc. It’s a part of your student academic freedom. In fact, students
What is the bill of rights? It is the list of rights that the State
daw have the right to participate in institutional government,
cannot interfere with. Take note, this is a list of rights that the
institutional governance. Naa daw moy say in the adoption of
state cannot interfere with. So, when you talk of the bill of rights,
institutional policy, and I think ginaingon ni sa atong school.
you’re not talking about your rights against your katapad, against
There is a forum conducted by dean here, na ialma or raise ang
the market, against the mall. You are talking of your rights
inyong mga complaints whatever, there is a discussion or forum
against the State. You cannot invoke the bill of rights to prevent
for that. So, unsa man ang atong ma take from that discussion?
the guard of the mall to inspect your car because you are not
Naa tay limited form of academic freedom inside the classroom,
dealing here with an agent of the State but an agent of a private
na you can force the professor to allow you to ask questions. You
institution. The bill of rights is not an exhaustive listing of all
also have the freedom outside the classroom to join
your rights, as citizens. There are other rights embodied in
organizations, form organizations. You can also express yourself,
statutes and laws. Here, bill of rights, in itself, listing of rights
provided that you do it within the parameters of the school. You
that you can invoke against the State.
cannot disrupt the class, even if it has something to do with a rally outside. So, those are the forms of academic freedom
So, anyway, what is a state? What are the elements of a state?
granted to students.
People, territory, government and sovereignty. Now, when you have a state, the state has the power to regulate the conduct of its
Okay, so, that basically ends our discussion of academic
inhabitants. And, because it is so powerful, limitations are to be
freedom. We will go back to that concept in later discussions.
set forth in order to control or to limit those powers. One of the
But, that is what we have to deal with right now.
control measures is the creation of the constitution, and here, specifically in the Constitution, the bill of rights. So, what are 6
the limitations on state power? Number one, the provisions of
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 sila, kaning couple. Now, they were already in court, they
the bill of rights are self executing, as we said earlier. There is no
argued, the couple argued here that there was an illegal search.
need for a separate law to rub the bill of rights, to have these
Under the bill of rights, you cannot have, as a general rule, you
rights executed. They can only be invoked, this bill of rights, the
cannot be searched without a search warrant. That’s under the
rights in the bill of rights can only be invoked against the State.
bill of rights. So, they invoked that right in the bill of rights
And also, basic human rights are superior to property rights.
against the admissibility of the contraband. Kay kung gisearch ka
And finally, the provisions of the bill of rights have no
without a search warrant dili ka mubelong sa exemptions na dili
retroactive application.
kelangan ng search warrant kay nakita sa imo ang contraband, in violation of this right, dili maadmit as evidence in court katong
Number one, the provisions of the bill of rights are self
contraband. So, mao na giinvoke nila, dapat dili na maapil
executing. Because, this is for the protection of the inhabitants of
because giviolate ang amoang right against unlawful searches
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?
you can go to court and have the right enforced. Now, the most
It is Marte, the forwarding company, so dili ka makaingon na
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.
Constitution. The Constitution is intended to govern the relationship between the individual and that of the state. So, we
Another concept is that basic human rights are superior to
have the bill of rights to govern that relationship, limiting the
property rights. Definitely, there is a hierarchy in the bill of
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
We have the case of People v. Marte. Here, we have a pusher na
follow that, so the management dismissed them. Was the
couple, nagimport sila ug drugs from Switzerland. Now, the
dismissal proper? The court said that NO. The human rights here,
package went to this private courier, kaning, let’s just say LBC.
the right to express, whatever, enjoy primacy over property
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
the course of their inspection, it was found out by the employees
employees, not only to security of tenure, right to free
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. 7
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 51% of its shares, in what corporation?
a penal law. Penal laws, if favorable to the accused, are given retroactive application. Since the bill of rights is not a penal law,
Q: What is that corporation? A: It is the Manila Hotel Corporation, which owns daw the Manila Hotel. So, the GSIS is the owner basically of a significant number of shares of the Manila Hotel Corporation, which owns this specific hotel. Karon, giprivatize, naay goal ang GSIS to privatize, etc. Ibaligya na niya ang iyang shares aning Manila Hotel Corporation.
it is not given a retroactive application. For example here, we have an accused, nangawat sya, nangholdap sya. He was a policeman or a soldier. Nagholdup sya ug kanang mail matter, and then gifilean sya ug kaso before the Sandiganbayan then 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 Renong Berhad is a Malaysian firm.
previous constitution did not provide for that right. So, now, 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 much was its bid?
because when I did that I was not assisted by a lawyer. Unfortunately for him, he did that admission without the
A: php41.58 per share. So, ikaw, nagabaligya kag share sa gobyerno, you should pick kung kinsa tong mas mahal ang purchase sa imohang shares kay para beneficial sa imoha. Here, who had the higher bid? It was this Renong Berhad, this foreign firm.
assistance of counsel, prior to the effectivity of the 1987 constitution. So, can that provision be given retroactive effect? The court said that NO. Under the Revised Penal Code, penal laws shall have retroactive effect if they are highly favorable.
Q: So, since Renong Berhad ang nadaog, what did GSIS do? Pildi man si Manila Prince Hotel but Manila Prince Hotel wanted to win, what did it do?
Here, what is being construed is a constitutional provision, not a penal law or a penal provision, which is contained in the bill of 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
Q: Did GSIS automatically award the Senate the shares?
provisions in the bill of rights are prospective in application.
A: Wala, because this prompted, meaning nahadlok pa si Manila Prince Hotel, that is why nifile sya ug case, wala pa nakadecide si GSIS kung kinsa ang makadaog, nifile dayon sya ug case before the Court to compel the GSIS to sell to it the shares.
Now, we go to the, balik ta sa concept of selfexecuting and not selfexecuting provisions. 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. 8
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 implementation? Bawal ba ang congress ipaimplement ang selfexecuting provisions, supplements implementation?
A: (Because of paragraph 2, Section 10 of Article 12 of the Constitution) Q: What does it provide?
A: Now, the Court said here there is no proscription. Even if these provisions are already selfexecuting, that the Congress may still enact legislation to facilitate the exercise of powers granted by the Constitution pursuant to that provision. Among others, the how will you exercise that right, where do you practice that, to begin with. The Court sets what are the remedies you can do to properly invoke that right, etc. So, that’s why there is no prohibition even if it’s already selfexecuting, pwede gihapon naay legislation to facilitate its implementation. So, we are dealing here with the Filipino First Policy, which, according to the Court, is considered a selfexecuting provision, even if naa sya sa article which provides for more or less policies. Now, one argument raised by the Malaysian firm here was that if we follow this Filipino First Policy, it would be a deterrent to foreign investors to invest in the Philippines because ginaprefer ang Filipinos over foreign investors.
A: It says that “In the grant of rights, privileges, and concessions covering the national economy and patrimony, the State shall give preference to qualified Filipinos.” Q: What is the policy? A: Filipino First Policy. So, this is the policy invoked by the Manila Prince. On the other hand, the argument of the foreign firm Q: What was the main argument against the invocation of the provision? A: It invoked sir that this policy is not a self executing provision. It requires an implementing legislation. Yes. Mao ning argument ni Renong Berhad. That provision is not selfexecuting, and since there is no existing legislation to implement that, you cannot invoke that right against the GSIS to compel it to sell the shares to Manila Prince Hotel.
Q: Is he correct in saying that this Filipino First Policy is a proFilipino, very exclusive? Is it a deterrent? Yes or no? 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 executing provision?
Anyway, you are correct in saying it is not a deterrent because what the Filipino First Policy entails, or means, that, it means that, at the outset, we have here a qualified Filipino.
A: A selfexecuting provision is putting itself, it becomes effective without a need of supplementary or implementing legislation, while a declaration of policy requires legislation.
Preference shall be given to citizens who can give a viable contribution to the common good because of credible competence and efficiency. It does not mandate the pampering,
Obviously...but, another difference is because when we talk about a declaration of policy, it only lays down a principle, a general principle which is very broad. Kelangan pa siya ispecify. There has to be a law to implement that. Here, we are dealing with a selfexecuting provision.
preferential treatment, of Filipino citizens just because they are Filipinos, because at the outset, we are talking here of qualified Filipinos. So, here you have a qualified foreigner, you have a qualified Filipino, because of the Filipino First Policy, pilion nato
Q: Why was it considered a selfexecuting provision? Was there a doubt, in the first place, kung selfexecuting ba sya?
ang qualified Filipino because he in the first place qualified. So,
A: There was no doubt.
not qualified, then, daog ang foreign investor. Based on a
dili siya inimical or harmful to the Philippines. If the Filipino is qualified Filipino, and a qualified foreigner, preference will be
(add in toto decision of sc)
given to the Filipino, not a deterrent because, the foreigner can
This provision is already selfexecuting. It is already a command, which is complete in itself. There is no need for a law to implement that. And, the tenor of this command is that qualified Filipinos shall be preferred.
always say that the Filipino is not qualified.
Q: Now, if a provision is selfexecuting proscribed ba ang Congress to enact laws to supplement or facilitate its 9
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 10
that () Constitution should take into account as it does take into
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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
Prince Hotel v. GSIS as we said earlier the Filipino First Policy,
principles. This case discusses, among others, plain meaning.
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.
paragraph which was a selfexecuting provision. Now, the
So, if the words there, the words in the Constitution are supposed
general rule, however, reading the entire provision, duha siya ka
to be understood in their plain meaning. It is not, the Constitution
paragraphs. The Constitutional provision itself states that it is
is not a lawyer’s document. Its language should be understood in
enforceable only regarding the grants of rights, privileges and
the sense that we may have in common, except where technical
concessions covering national economy and patrimony and not to
terms are involved. So that is what happened in Domino vs.
every aspect of trade and commerce. In other words, what was
COMELEC on the meaning of resident. Here, Domino wanted to
discussed in Manila Prince Hotel which was the second
run for office, representative of Congress. There is a requirement
paragraph, was the exception to the general rule. What is
there, a residency requirement of one year in the district which he
exception when the Filipino First Policy would be applied? Only
wants to represent. Karon iyang kalaban, they filed a protest
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
by this Filipino First Policy invoking Section 10 of Article 12. So
connotes permanence. And, that is why based on the
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
because limited lang siya to these instances, rights, privileges and
locality was of such nature that would be considered as
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 11
so it cannot be the source of any right. In any case, there is no
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 stated before, the Bill of Rights can only be invoked against the State. Here, is PAL a government institution? It is private entity. You cannot invoke the Bill of Rights against this private entity. There is no interference by the state. In the absence of government interference you cannot invoke the provisions of the Bill of Rights. So here the Court said the equal protection erects no shield against private (inaudible) however discriminatory or wrongful. Private action no matter how (inaudible) cannot violate the equal protection guarantee. So what right or laws can be raised against PAL? So asa man siya manguhag right against PAL being private entity? He can invoke his rights under the Labor Code and the Civil Code. And the Court also here upheld the policy of PAL to maintain this weight requirement but relevant to our topic is the concept of Bill 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
COMELEC, the action of the COMELEC here. What was his invocation? According to him, denial to give due course to his COC by the COMELEC constitutes a violation of the equal access clause in Article 2, Section 26 of the Constitution. What does this provide? The State shall guarantee equal access to opportunities for public service ,Mao na siya so because gi deny siya by the COMELEC na violate daw iyang equal access right under Article 2 Section 26. Is he correct? The Court said he is not, he’s wrong. Why? Because the article or provision he is invoking is not selfexecuting it is a mere declaration of principle
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? A: The petitioner is a flight attendant. For some reasons, he was then obese at the moment. (there is no other reason, he just loves to eat, that’s why he’s fat. So, because he is fat, what happened?) Because of that, PAL decided that he should undergo some...(He should remedy his being fat. Why does he have to remedy his being fat?) (The PAL had this policy for you to maintain your job as a flight attendant, you have to meet this ideal weight. ) Q: So what is the purpose? Bakit di ka dapat fat as a flight steward? What is the practical purpose? A: It would be a hindrance to his being a flight steward. If there is an emergency, you should not block the way for everyone outside the plane. That is why may policy ang PAL for that. But here despite the several notices for him to comply the weight requirement he failed 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 the reasons? Among others PAL discriminated against him because the company has impaired and among others gi discriminate daw siya for being fat. So what provision or right in the Constitution was invoked by Yrasuegi against PAL? What clause? Because they discriminate them there is a violation of? What kind of protection? If you’re being discriminated, you are not given what kind of protection? Anyway, he invoke the provision of the Bill of Rights his right to equal protection which is guaranteed in the Constitution in the equal protection clause. Is he correct in invoking the equal protection clause against PAL? As we
however provided for requirements before the Organic Act may be amended. What were the requirements imposed by the RA 9054 before the RA 6734 or the Organic Act of ARMM may be amended. RA 9054 provided for two conditions before the Organic Act may be amended validly amended. First is the supermajority vote of Congress which is twothirds before the law may be validly be amended. Second, even the law has been validly amended it has to undergo a plebiscite. This were the requirements provided RA 9054. Now later on they passed the (inaudible) or the RA 9333 and these were, according to those challenging these laws, these were amendments to the Organic law. But these were RA 9054 were not subjected to a plebiscite and also wala nila naachieve ang supermajority requirement. Specially karon RA 10153 kani pud siya wala pudd daw gi subject or na meet ang conditions set by the RA 9054 supermajority as well as the plebiscite the requirement. That is why these subsequent laws should not be given effect. Now, mao ni ang argument sa laws wala giagi atong sa requirement under RA 9054 for a valid amendment. These laws amend the Organic 12
Law so therefor they should comply with the supermajority and
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 13
meaning rule. So the (inaudible) for the consideration of that case
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 14
of the right but rather, the question is reasonable ba ang pag
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 15
may live in a civilized society in other words, the basis of the
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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
vs CIR (Commission of Industrial Relations), (inaudible) did
not notified of the proceeding. So that is why in the case of
the tribunal consider the agreements. The decision supports itself,
Tañada vs Tuvera, you discussed this case in your other
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 16
dispensed with. So who is correct? Is publication is indispensable
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 17
from the start to give you a chance to air your side, to give you
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 18
SURNECO it was not given or accorded due process when the
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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
19
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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.
20
Several employees of the LTO, they were all dismissed from
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 21
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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. 22
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 23
So there was no denial of due process in this case as claimed by
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 24
nato sa SEC noh na naa na puy violation of the reportorial
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 25
pursuant to its quasijudicial functions. It did not settle on
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 26
and submit their arguments in the exchange of pleadings and
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 27
that is already compliance with the notice of publication
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 28
admissions. What do you mean by wash rate? When you say
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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
29
married or consenting adults are constitutionally protected and
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 30
valid exercise of police power to protect the depositors of the
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 31
Philippines so gi allow na karon sa balaod by that repeal allowed
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 32
kung ma prove nimo na valid imung pag exercise ug police
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 33
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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. 34
country, so in return, this is a way for the State to give
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 35
standards that men of common intelligence must
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 location in the NLEX.
statute are vague, words must not only be taken in 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.
law – The Limited Highway Access Act. Also, to grant 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 36
adopted by the State must be reasonably necessary for
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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.
37
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 Ella Cobol
The Supreme Court modified the decision of the CA and 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 38
It is the full and fair equivalent of the property taken from its
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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
be unjust for him. Without prompt payment, compensation
property for a public purpose. The second case, nadetermine na
cannot be considered as just, because the property owner is
you’re authority to take the property, that you’re taking it for a
already being made to suffer the consequences from this
public purpose, second phase is the determination of the
expropriation of the property. Now, when your property is taken
*inaudible* just compensation of the properties to be taken,
pursuant to the same exercise on *inaudible* which said it has to
*inaudible*by not more than a commission to this proceeding.
undergo expropriation proceeding in case, court *inaudible*.
When is that expropriation process be given? It is only upon the
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
it be invoked as a defense in these proceedings, particularly
payment of the just compensation.
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
initiates the expropriation proceedings *inaudible* you already
1949, the NAC, or the National Airport Corporation, that we
subjecting yourself to *inaudible*. *…* that’s what we call
*inaudible* MCIAA, or the Mactan Cebu International Airport
inverse *inaudible* proceeding to compel the state to pay the
Authority, pursued a program to expand the Lagom Airport 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
pronouncement that it will be unjust to the owner of the property
negotiate sila ng NAC, they were assured by this NAC
*inaudible*. As we said, as we learned in Consti 1, the state is
*inaudible* they could, the owners could repurchase their
*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
parking spaces for free to the public, *inaudible* that is no
transfers to Mactan Cebu Airport. So, because of that assurance
longer an exercise of expropriation *inaudible*. So before the
*inaudible* with the NAC, with the right of deed of sale and
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
*inaudible* because there is taking of private property for public
*inaudible* by that assurance made by the government, the
use.
owners no longer appealed the decision of *inaudible* that they would have this right to repurchase the property in case the
What are the stages of expropriation? This is the proceeding
airport expansion will not push through or the airport close. Now,
initiated by the State to claim the property *inaudible*. As we
eventually, soon after the transfer of lands to MCIAA
learned earlier, there are two stages. The first stage is the
*inaudible* Lahog airport completely seized operations because
determination of *inaudible*. And in this first stage, it is
another airport – Mactan airport – opened to the public incoming and outgoing commercial flights. Now because the property was 39
no longer utilized for the purpose for which it was taken, the
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 owners, if they desire, may seek for the reversion of the property,
owners wanted to exercise their right to repurchase pursuant to
subject to their return of payment they received. *inaudible* This
the agreement they had with NAC as well as the *inaudible*
is because the exercise of the power, *inaudible* has already
expropriation decision. *inaudible* But now, *inaudible*
become improper or lack of the actual use. To follow the rules on
because according to it, the State already took the property
that procedure, *inaudible* it is because you as the owner you
*inaudible* or meaning it is already the absolute owner. So here
are already deprived of the property against your will, so the
we get several revisions from the owners of the property seeking
State has to bend to meet *inaudible*. Again, if the public
to compel the state to return the property to them. They’re not
necessity seizes, then there is no more point for the government’s
even seeking for just compensation *inaudible* and will return
retention of the expropriated property. And if you condemn the
the money to you, MCIAA. Of course, the government did not
property for public use, you should commit to use that property.
agreed to that. And now, we have this case. The arguments or the
What about the argument of MCIAA? It’s simple – the State
facts established here is that; first: the MCIAA had not actually
already acquired absolute ownership of property that points that
used the lots pursuant to the purpose they originally given to the
the concept is no longer tenable. We cannot compare that concept
government; number two: the Lahog airport had been closed and
to the nature of expropriated lands. We differentiate that taking
landed; and finally, there has been that agreement between the
of expropriated land from a piece of land which is sold on an
NAC and the owners, was that they were given the reassurance
*inaudible* transaction between two consecutive individuals.
that they have the right to repurchase the property. Now, can the
There is *inaudible* simple concept if the transfer is conditional,
former owners of the property recover the lands expropriated?
and as you learned earlier, if the state exercises its *inaudible*
Yes! So one of the cases cited by MCIAA which strengthens the
domain, it is always the condition upon the public use of the
argument *inaudible* which has been according to the Supreme
property, and therefore, the taking of private lot in *inaudible*is
Court, mali daw ang paginterpret sa MCIAA. Anyway, the court
always conditioned to its devotion to its public purpose. So you
abandoned that *inaudible* hence the *inaudible*. While that
cannot apply now the concept of *inaudible* because you’re
case proceeded pursuant to the Constitution of right to private
taking is not absolute – it is always subject to a condition and if
expropriation taken for public use to a just compensation, again,
the owners would desires to seek its reversion subject to return of
the power of the *inaudible* domain exercises two conditions –
just compensation. So here, the court ordered the conveyance of
1) the taking is always for a particular public purpose,
the property to the previous owners. *inaudible*
*inaudible*. Now, number 1 na requirement for a particular public purpose was that requirement *inaudible*. With this
Now in NPC versus *inaudible*, the NPC undertook the
requirement, the expropriation should commit to use the property
*inaudible* river and the power plant, there is this building of a
pursuant to the purpose stated in the petition for the expropriation
power plant, and then as a consequence, (they) have to build
file. If it fails to do that, it should file another petition for the new
tunnels under several properties para makacross ang water, para
purpose. *inaudible, Bisaya* Why is that? *inaudible* missing
makaoperate ang mga hydroelectric plants. So the owners of
and that is the element that it is taken for a public purpose.
the property did not know that (ilalagay yung mga tunnel sa
Otherwise *inaudible*, the judgement of the expropriation would
ilalim ng lupa), *inaudible*. So because of not knowing that their
suffer from an intrinsic flaw, as you said, it did not *inaudible*
property has been *inaudible* taken by the government as early
the indispensable element, and that is the particular public
as the 1970s, later on 20 years later lang nila narealize, nagfile
purpose where which the property will be devoted. So now, the
sila ng complaint for the payment of just compensation. This is
current doctrine is that, the taking of private property pursuant to
what you call an *inaudible* proceeding – compel the State to
the *inaudible* domain is always, always subject to the condition
pay you, payment of just compensation. What were its argument,
that property will be devoted to the specific public purpose for
what were the owners’ arguments? The NPC had already
which it was taken. Thus, if the purpose of intent is not initiated
constructed the structure underneath their property, they cannot
or not at all presumed, and is *inaudible* then the former
use their property, they cannot use their property anymore (sa 40
kung paano nila gusto) *inaudible*. They cannot use it anymore
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 (because) *inaudible* does not extend to recover just
fully. So because of that there is already this taking of the
compensation.
government that *inaudible* warranting the payment of just
Prof: Meaning? Apply that to this case…*inaudible* Why did
compensation for that area. Now, the NAPOCOR countered that
the court say that the petition of RA 6395 on the prescription
the owners of the property here have no right to compensation
period does not apply to this case?
under the law, this RA 6395. The NPC, where, they argued, that
Student (male): *inaudible*
the tunnel was only a mere legal *inaudible* on the property.
Prof: No, no, the Supreme Court already. Why is it not
What is a legal *inaudible*? It is the *inaudible* 19:32 for the
applicable?
benefit of another immovable *inaudible*. And pursuant to this
Student (3): Because the prescriptive period they have provided
law, your action is only for damages and that action prescribes
under Section 3 of RA 6395 is applicable only to an action for
after 5 years from the creation of this *inaudible*. And because
damages and does not extend to an action to recover just
of the *inaudible* from 1970s to 1990s, 20 or more years, nag
compensation.
expire na yung mga action for that. So you cannot compel now
Prof: Yes. So the action here was to reverse condemnation
for the NPC to pay you the amount. The RTC however did not
proceeding by *inaudible* for the taking of my property. I’m not
agreed to the arguments and grew in favor of the owners to pay
suing you for damages, because they know na prescribed na sya.
them to the tune of 113M *inaudible*. Of course, the NPC raised
So what is the *inaudible*
this issue to the Supreme Court.
Student (4): It is, as an option to recover the value of property taken, in fact, by the governmental defendant, that no formal
That’s the 5year *inaudible* payment under the law applied in
exercise from the power of the *inaudible* domain has been
the argument of NAPOCOR, 5 years lang daw. Why? Why not 5
attempted by the taking *inaudible*
years? How long do you have to? Why? Why no? What is the
Prof: Yes, it is the action to recover just compensation because
issue in this case?
*inaudible* approved it is the state which expropriated the property, it condemns. *inaudible* That is why it is called
Student: First, Sir, if the *inaudible* First is the *inaudible*
*inaudible*, sue the State to recover just compensation. Covered
issuances needed *inaudible* in its absolute and unconditional
value taken in fact by the government. So for defining, just
title to the subject appropriated properties.
compensation is, again, the *inaudible*of the property taken
Prof: What is the *inaudible*
from its owner. Now, how did the court discussed the non
Student: So, first, Sir, whether abandonment of the public use
applicability of the law, RA 6395? It did something.
*inaudible* for properties were expropriated entitles petitioner
Student (4): Because these two actions were radically different in
*inaudible*
nature and purpose.
Prof: We’re already done with that piece – NPC vs *name*.
Prof: Yes. Court distinguished an action for damages and an
What is the issue in this case?
action for reverse condemnation proceeding. When you say
Student: First is, the *inaudible* made a mistake on the function
damages, you invoke the civil code because there is a violation of
of *inaudible* and supplemental decision of the board to directly
your right and you want to seek regress. But here, we’re talking
order the petitioner to pay just compensation to the responder.
about payment of just compensation. You’re not invoking the
Prof: Anyway, let’s go to the *inaudible* So here, as we said
civil code, you’re looking into the Constitution. Now, the tunnel
earlier, 5 years lang daw ang limit for the owners here to sue for
*inaudible*, so you can still use the property sa taas – plant trees,
the value of the property according to RA 6395. So we said
build your home. So definitely no taking; if there is no taking of
earlier that does not apply. Why is that? Why’s the limit 5 years?
space, *inaudible* so there is no meaning to pay for just
Student: Meron kang prescriptive period provided under Section
compensation. Is there a taking in their space?
3 under Republic Act 6395 is not applicable to 5 years…
Student (5): There was a taking on the part of the NPC because *inaudible* owners were not completely and actually 41
*inaudible* taking of private property for public use to be
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 is applied, *inaudible*, meaning the earlier value is applied.
compensable may not be an actual physical taking for
Because at that time [there was no time] when the property was
appropriation.
taken, *inaudible* or was not made under *inaudible*,
Prof: The taking, in fact, may not be properly *inaudible* ang
otherwise, ginamit nya ang general rule. In the same case na
ownership over the property, if the state already imposes the
same ang party (involved). But here, they applied the exception
limitations so much so you cannot enjoy your property fully, that
of the general rule. Because to apply the general rule would be
is already taking. This easement practically deprives the owners
unjust.
of the properties, more and more of its beneficial use. Therefore,
the owners are entitled to just compensation, which is the money equivalent to the property. Now, *inaudible* was there full
Republic vs Samson *inaudible* and here we have a parcel of
*inaudible*? It did not even *inaudible* physical taking of
land, which daw is called dubious *inaudible*. Anyways, the
expropriation *inaudible* it is not necessarily the owner only
DPWH filed several complaints against owners of properties of
who are deprived of the property. *inaudible*, as long as there is
the expropriation of the parcels of land they owned by the
already a prescription of diminution and interruption of your
construction of this EDSA flyover. Now during the times of this
rights. Now, when you pay the money, the amount, of just
proceeding, the Republic received, one of the properties here was
compensation, there has to be a determination of the amount to
of Luvious origin and publications *inaudible* so instead of
be claimed. Now, we write on the valuation of the property at the
wanting to pay the property, *inaudible*in fact it can be proven
certain period. What is the general rule? Where do we get on the
that the government *inaudible*. And so the owners of the
value of the property? Take note: si NPC*inaudible*since 1970s.
property contested, anyway, with the government, the republic,
So by that time, very cheap pa ang value sa lupa. Come 1997,
filed a manifestation to have this property declared or considered
nagfile na sila ng case, reverse condemnation nga, definitely
of uncertain ownership in the expropriation proceedings filed.
nagappreciate na ang value. So *inaudible* for the 1970s, if we
The owner of the property argued that you cannot do that in this
use the 1990s *inaudible*. So now we reckon. *Inaudible*
proceeding because you will be collaterally attacking my PCP
Student: During the time of the filing of the complaint, Sir.
which is, under the law, in 1929, cannot be attacked collaterally.
Prof: What is the general rule?
Anyway, the trial court issued an order holding that the attack on
Student: The general rule is that it must be reckon, just
the titles can only be raised with an action *inaudible* instituted,
compensation, the market value at the time of the filing of the
in other words, *inaudible*. Now when the Supreme Court, the
complaint.
Republic, start hearing under the rules of court, in the state
Prof: The general rule is that the value of the land will be
expropriation proceeding, *inaudible* but only for a limited
determined at the time of the *inaudible*, it’s a bit earlier,
purpose, and that purpose is only for the expropriation.
usually. *inaudible*But, an exception to this general rule is that
Kailangan magbayad ng just compensation for that. So, rule/law
it will be based on the time of the filing of the complaint
prevailed in this case. The owners argued that, no you cannot do
*inaudible* at a later time, if it is unjust – just like in this case –
that because *inaudible* if you want to attack my title, you have
to value the property from the time of the taking. The point said
to find a separate case for that purpose, not through an
here, that the value of the property in the 1970s would be unjust
expropriation proceeding. The court said that the Republic may
because the owners of the property did not know *inaudible*. So
be allowed to present evidence to assert its ownership to a
the taking here was without the prior knowledge of the
property but only for the sole purpose of determining who is
*inaudible*, therefore they’ve been denied due process of law
entitled to just compensation. Before we roll on the discussion
when it was taken from them. So the court said it is an exception
here, *inaudible* concept of Regalian doctrine, just in case you’d
to the general rule in applying the value, the recent value, if it
encounter that *inaudible*. This Regalian doctrine or
will be more just; if it will be unjust to use the old value. That’s
*inaudible* is the concept which means all lands of the public
the exception. The court said; citing another is where general rule
domain belong to the State – everything is owned, the lands, as 42
the general rule, owned by the State. The State is *inaudible*
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 right of the city to expropriate the property but not on the issue of
right to ownership of land and incharge of the conservation of
the payment of just compensation. And now, we have
that for their countrymen(?!), where they filed that. In the
commissioners that should assist the court to the determination of
previous constitution it is stated, but in the recent constitution,
the amount, they computed, and they recommended the payment
the Regalian doctrine is in Article 12 Section 2, all lands of the
of 5,500 (per) sq meters on the basis, based on the date of the
public domain are owned by the State. That is the source of the
filing of the expropriation complaint; *inaudible* reckon/record
State’s power of *inaudible* domain. Proceeding from this
sa amount which is on November 7, 1996. The other
principle *inaudible* of course the payment of just
commissioner recommended a higher amount. Now, here, the
compensation, the right to *inaudible* domain is always
trial court agreed with the finding, that the amount used is 5,500.
considered a fundamental state power inseparable from its
The *inaudible* also impose needed interest on the amount,
sovereignty. When even if the State have moved the *inaudible*
court consideration for the equity – how much? 6% to be
they followed the expropriation procedure, the restraints pursuant
computed from November 7, 1996. When in this case, it is
to the procedure that come to follow, so again, the proceeding,
appealed to the Court of Appeals – it modified the ruling of the
the exercise of power, expropriation, it is *inaudible* to exercise
trial court and ordered the city to pay the owner the amount of
of this power *inaudible* by restraints of public use and payment
200,000% worth of the damages. Now we are going to talk about
of just compensation. Also, since we’re talking about the
the imposition of a legal, the interest rate, in this case, there is an
expropriation proceeding before that court, then you follow the
issue of *inaudible* is it 6% per annum or is it 12%? So in this
rules of court. *inaudible* so not only do we have to follow the
case, take note that in this case, the court said that the correct rate
limitations of the bill of rights, the *inaudible* of public use, we
of legal interest to be applied is not 6% but 12% because the
also have to follow the rules of court. Anyway, the court included
obligation involved here is the purveyance of money. The
here that the trial court in the same expropriation proceeding can,
liability – utang – the state will pay you. What is the basis of this
in a limited way, determine who is the real owner of the property.
amount? There is a tedious jurisprudence, the debt incurred by
But that ruling is not absolute or it is only for a limited purpose
the government on the amount of taking spot, of the property,
of determining, kailangan mong magbayad ng just
*inaudible*, constitutes an effective purveyance of money. And
compensation. The rationale of that rule is that because it can’t
therefore, kung purveyance sya, ang existing issuances by the
be avoided in this expropriation proceedings because of the
monetary board here will provide that the applicable interest is
intimate relationship between the issue of ownership and the
12% – legal interest. So if we say legal interest, it is the interest
claim for the payment, if you are not the owner in the first place.
imposed by law *inaudible* so that is why you apply the legal
So pwede syang matouch upon *inaudible*. This is only for a
interest. So here, the court agreed that there should be an
limited instance or purpose which is to determine *inaudible*.
imposition of legal interest but at 12%, to be computed at the
Now you know the concept of partition of the property
time of the taking (of property). Why is that interest imposed on
particularly the concept of interest, in the case of Sy vs the local
the taking? Because this is, this award of the government is
government of Quezon City. Now, *inaudible* of 1996, the
imposed to the nature of damages for the delay in payment,
Mayor of this QC, filed a complaint for an expropriation of a
which is *inaudible* makes the obligation part of the government
property here, under the name of Sy, for the benefit of the
award for purveyance. Imagine, the property will be taken from
residents of a certain barangay; but, take note, before he
you *inaudible*, the consequence of that is the State will be
*inaudible*there was already a burden on the property imposed
obliged to pay you this legal interest para mabawi ang iyong
as early as 1986. Because at the time it was already being used as
opportunity cost with the things that you could have done with
a barangay day care office; anyway, just to *inaudible* the
the property or the money given to you – earlier given to you – as
taking of that property, or what is the burden imposed on that,
payment for that property. So, again, it is the *inaudible* of
*inaudible* pursuant to the local government code, and so there
damages, when did the Supreme Court reckon the amount of the
was a validation of the property. The owner in that question the
interest rate here – is it in 1996 of the filing of complaint, or is it 43
from the time of the earlier taking in 1986? The court reckoned at
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 you have to *inaudible* if it’s still feasible or, 2) you can
the time of the taking of the property in 1986 because the burden
demand payment for just compensation. For their failure here, the
was already imposed upon the owner of the subject property.
owners had to question the land expropriation proceeding for a
Hindi na nya magamit yung property because nagamit na sya sa
long period of time *inaudible*, meaning hindi na nila pwede i
ibang bagay and you pay him for this loss *inaudible*.
recover yung property, but what they can recover now his right of compensation which was not given as prescribed and is not
In Secretary of DPWH versus *inaudible*, we have again
affected by latches. So the court said here how the amount of just
another expropriation proceeding of property or a parcel of land
compensation is determined, at the time of taking, what is the
owned by private individuals being taken by the government
value, *inaudible* as a general rule. Why is it that you value the
sometime in 1940 (?!) and so later on, in 1994, they demanded –
property at the time of taking? Why? Because if the property is
the owners demand payment of the *inaudible* of the parcels of
taking ahead of the filing of the condemnation procedure, the
land. And so, in good faith, the DPWH offered to pay the
value therefore may have been enhanced by the public purpose
property at 0.7 centavos per square meter, which is the value of
for which it was taken. In other words, *inaudible, bisaya*, you
the property in 1940. so *inaudible*, they filed a complaint for
cannot impose that value on the State, the later value, because
recovery of possession with damages, wherein they should be
what is measured here is not the gain of the State but your loss.
restored of the possession of the property because they haven’t
Anyway, this enhancement of the value cannot prejudice the
been paid of just compensation *inaudible*, to the devaluation of
State as well. The owner fo the private property should only be
0.7 centavos per square meter. They claimed that the amount that
compensated for the property that she actually uses – what was
should be paid to them atleast is at 2.5 million. Now, the DPWH
the value of the property at the time na nawala*inaudible*, not
moved for the dismissal of complaint because : 1) it is against the
the value of the property na *inaudible*. The payment of just
State *inaudible*; 2) the cases must thrive and among others.
compensation is not intended to extend beyond his loss or injury.
The RTC agreed with the DPWH, ordered the case to be
What is the proper valuation of the property here, therefore, the
dismissed because of State *inaudible*. Now, the *inaudible* to
court applied the value of the property in 1940, 0.7 centavos per
the trial court for the determination of just compensation; and
square meter and not the value of 1,500 per square meter.
later on, the trial court decided that the amount should be 1,500 –
*inaudible*, court said here that it is equally true that the owners
not 0.7 centavos – per square meter. And so, later on, the
have been remissed in guarding against the *inaudible*, since
decision was affirmed by the CA plus *inaudible* earned 6% per
the property has already been possessed by the DPWH for more
annum from the filing of the action. So, now we go to the issues.
than 15 years, it had acted in disregard the owners’ property
Now, one of the arguments of DPWH here *inaudible* recovery
rights so inallow ang damages at 6 percent per annum on the
of possession because nagapply na raw ang lapses(?!) for
value of the land at the time of taking in 1940 until full payment.
prescription. Is it correct? The court said that if we talk about the
Pampalubagloob. *inaudible* Now, on motion for
lapses, it’s a lapse on your rights. It is a doctrine which is applied
reconsideration naconfuse ang RTC, what is the interest rate that
to *inaudible* doing so might result to inevitable situation. But
we should follow? *inaudible, bisaya* so in the MR of this case,
here, that doctrine do not apply because *inaudible*, there is
which I think is one of the side, the court clarified *inaudible*
nothing inequitable in giving *inaudible* to the owners claimed
what will it do? It accounted the history of changes in percentage
in this case, both in equity and in law direct by the property
rates for *inaudible* of money issued by the Monetary Board of
ownership compensated to the property expropriated for its
the Central Bank. So nagstart sila from May 1, 1960 where the
public use. An action to recover the property taken by the state
interest rate was 56%, so from that time until July 29, 1974
for public purposes does not prescribe. So, meaning, any time.
*inaudible, bisaya* from 6% to 12%. So from May 1, 1960 to
What about your right to take back possession and ownership of
July 28, 1974, yun yung 6%; starting from July 29, 1974 to May
your property na pwede na syang magwaive *inaudible*. So for
15, 2013, you use the 12% because on May 16, 2013 *inaudible*
the fourth emphasis here is if your property is taken by the state,
from 12% to 6%. So the court computed the interest here from 44
6%, 12%, 12% *inaudible, bisaya*. Moreover, not only that, the
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 number should not exceed three. So here the appointment of the
interest for the *inaudible* of money will also earn interest,
PAC has already seen compliance to the rule 65. The court ruled
meaning compounded sya, as long at the time of judicial demand
here that it was too late for the NPC or NAPOCOR to challenge
pursuant to provisions of the civil code. So aside from the
the valuation of the PAC because it should have done so when it
computation of the interest, compute the Supreme Court the
had the chance *inaudible* because not denied due process, the
interest of the difference at the time of the filing of the complaint
valuation was also factual and in a legal basis; and NAPOCOR,
for the payment of the just compensation. So take note that in this
in a way, failed to contest the findings of the PAC valuing,
case, the Court clarifies the computation of legal interest rate, 6%
*inaudible*. Now in the *inaudible* versus the Court of Appeals,
12% *inaudible*. Again, what evolved here is the *inaudible*
we have heard the application of PD 27, this is a decree for the
of money which the government owes to the owners of the
emancipation of tenants, *inaudible* soil, blah blah blah. The
property.
owners of the property here filed a complaint of *inaudible*
against the *inaudible* before the *inaudible*. What will the owners allege if they complained? They alleged that they are the owners of the property. What the *inaudible*, they took
Now the case of NPC vs Cruz, another expropriation proceeding
advantage of the liberality, and there are people who successfully
commends by the NAPOCOR against the property owners in this
registered themselves under PD 27 as tenants for agrarian reform
case which was filed on 1997. Now, to assist the court to
purposes and ultimately because of this operational land transfer
determining the value of just compensation, it directed the
under PD 27, nagtransfer ang ownership nila sa *inaudible,
Bulacan provincial appraisal committee, to review the valuation.
bisaya*. The *inaudible* did not find, first the provincial
So it did that, it submitted to the court that specific valuation of
judicator held that the Sanchez and *inaudible* were not already
the property fixing the just compensation at a certain amount
to become the *inaudible* because we have the beneficiaries of
*inaudible*. Now, *inaudible* because it pointed it’s very
this PD 27, they are no longer there. So the effect of this law,
*inaudible*: 1) they contest that the appraisal committee here
therefore, this PD 27, *inaudible, bisaya* taking of private
does not comply with the requirement in the rules of court (Rule
property for public use. Now, as *inaudible* says, because of
67 of Expropriation) because what is important to the rules is that
that reversal paying that decision was coined, or among others
the court must appoint not more than three competent and
*inaudible* also, repayment of just compensation. On the due
*inaudible* as commissioners. The appointment of this Bulacan
process requirement, business has already learned or an
Provincial Appraisal Committee has not complied with that.
opportunity to be earned *inaudible*. What about the issue of
*inaudible, bisaya* among others. Now, the owners of the
just compensation? Take note here, the court ruled the issue of
property want the value of a higher valuation, they want to
just compensation was belatedly raised and so wala *inaudible*
support the findings of the trial court, argued that the
they only claimed, spouses/owners, only claimed just
appointment of the PAC here was already substantial to
compensation for the first trial of appeal when they filed their
compliance of the requirement because it was already composed
petition in the Court of Appeals. What is the effect of this? Issues
of three members – the provincial assessor, engineer, and
count risks in the proceeding below, in the CA, can’t be raised in
treasurer. *inaudible* So who won this case? The court here
the first trial of the appeal *inaudible* Supreme Court. They do
grew in favor of the owners of the property. Take note again the
not *inaudible* for the first time issue of of just
discussion as to just compensation; the court said here that the
compensation, where they should have presented the issue. They
determining of just compensation, it is a judicial function. Now,
should have presented the *inaudible* which has *inaudible*
the appointment of commissioners on the Rule 67 is not
jurisdiction over the case, over cases involving payments or lands
something which is *inaudible* it is a mandatory requirement.
acquired under PD 27. So take note, again, taking of property for
But even if this requirement is mandatory, the rules does not
public purpose, the agreement of just compensation, but you
impose any clarification or restriction *inaudible* other than the
bring that claim over that property not over the Supreme Court. 45
For our last case, the Republic versus BPI; here, we have the
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 Consequential damages here being the amount of the building.
DPWH filing of case to expropriate the properties of BPI.
*inaudible*
*inaudible* Later on, BPI filed a notion for portion trial to determine the just compensation of its building, because it was not included in the decision of the trial court for expropriation. Because the Republic here, after they notify the proceedings did not clear to the trial court, it allowed the BPI, the court allowed the BPI to present its evidence and ultimately *inaudible* and so there was an *inaudible* of 2.6 million. The republic moved for
December 5, 2017
the reconsideration of that because the fixing of the just
Fhritz Liboa
compensation is not *inaudible* because it did not comply with the rules of procedure and the rules itself. Do you appeal the valuation of the building here or is it only the land, the value of
Last meeting we discuss noh, the last case we discuss was this
the land that was used?
case of Republic V. BPI where a part of the property has a building. BPI contended that the ____ should be part of the
Prof: Cobol (haha omg ate gurl!) did the court sanctioned the
building, but the state contended that it is not part of the
valuation of the property? It did not allow?
purchase; it is not included in the evaluation of the payment of
Cobol: The accounting of the building was granted because it is
just compensation. So BPI insisted, because otherwise, even if
the actual taking of a property *inaudible*
___ percent of the building was taken, they could not use it
Prof: How much was the value of the building? The court laid
anymore. So here the court agreed with the BPI. They said that
out a general ruling here on the value of the property to be used
the additional just compensation of the building is proper. As a
as a basis for the computation and also another rule where they
general rule, the value of the property for the basis of
can modify that rule. Another student’s name. What is the
computation is the market value, and what is this market value,
general rule? And how is it to modify? Anyway, the court had a
this is the amount of money that you are willing to sell as a
general rule here. The market value used is the sum of money
willing seller _______. This rule however can be modified, if
which you are willing, *inaubile*, you can modify its rule if only
there is, if only certain part of the property is property is _____.
a certain part of the property is expropriated. In such a case, the
The owner therefore bank itself is not only restricted to
owner is not only restricted to compensation of the portion
compensation portion and actually he can, he can also be entitled
actually taken, but he is also allowed to recover consequential
to public consequential damage and remember the formula: just
damages. Now the argument of the republic here is that the
compensation is equal to market value plus consequential
building was never taken, because it was not used for the road
damage less consequential benefits. So here, that was applied by
widening project. So is the actual taking here of the building is
the court because BPI was bound to suffer consequential
necessary to grant actual consequential damages? The court said,
damages due to ____ of the building as well. When is this
no actual paying of the building is necessary to grant these
consequential damages, kanusa man ni siya kailangan, ifas a
damages. Consequential damages are awarded if the result of the
resut of the expropriation of the remaining property of the owner
remaining property of the owner suffers from an *inaudible*, the
suffers from ____ or decreas in value. As we discussed before,
court found out here na hindi na nila magagamit ang building
just compestaion is equivalent to the lost of the owner rather
dahil 3075% of it ay nakuha na sya, so how can they use that
than the gain of the state. Bantog gi minus pud nato ang benefit
property effectively. Take note of the computation here, of the
na ma adto sa owner kay loss naman niya ang gicompensate sa
payment of just compensation.
state. Okay, so just a recap.
Just compensation = (market value + consequential damages) – consequential benefits 46
Now in the case in Manila Memorial V. DSWD, remember the
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 judgment of the trial court na ibaligya na sa state, wala ni agree
case of the 20% senior citizen discount, where the court said that
ang Republic and so the action to oppose this conveyance of the
the exercise, the pagkuha sa mga proprietor mga business
property, kay nisigut naman ang RTC na ibaligya siya, karon dili
establishment is not the state exercising its power of eminent
musugot ang Republic na paliton siya. Ang iyahang grounds kay
domain but rather a valid exercise of police power. There is no
this property can only be conveyed by way of donations, so in
need for the state if this establishment peso for peso value or this
other words, the Republic wants the property for free. It is
just compensation, because in the first place, the eminent domain
______for the property. What is the basis of the______ for that
is not being exercise. And this is one of the main reasons
argument? Section 50 of PD No. 1529 or the Property
between the powers of the state ________ to the police power of
Registration Decree. Wala nisigut ang Court of Appeals with
eminent domain. Valid ang exercise sa police power, there is no
this argument. So here, before the Supreme Court, can the, is, can
need for just compensation. As long as it is in the catching test of
Ortigas, sell its property to the Republic or is it bound to donate
reasonableness and valid ang exercise sa police power generally
it to the state under PD 1529. The courts said here that the
for implication but when we say exercise of court for eminent
property has to be sold not donated. The court said that the
domain, magkuha ug private property for public use. Therefore,
provision invoked in Section 50 of PD 1529 is not applied
necessity means payment of just compensation. In the exercise of
because in a case that is proper subject of the expropriation of
police power ____ regulation affects the right ownership
proceedings so the court properly explained ngano dili ni
___________ which constitute ownership is appropriated to use
applicable ang Section 50 of PD 1529 provides that being
by or for the benefit of the public. When we talk of eminent
delineated boundaries explains passages and water waste in
domain, property interests are appropriated for the public. The
subdivided land may not be closed or is closed except by
court also states here why the 20% discount is a valid exercise of
donation of government. So take note of the limited wording,
police power, social justice for the benefit of the senior citizens
dapat dili nila iboundary ang passages and or in case subdivided
who had contributed much actually that is the rationale of the
land. What is involved here, Section 50 contemplates of private
law.
roads and streets in a subdivided property, not public thoroughfare so you see thoroughfare is major road or highway
Now, Republic V. Ortigas, Ortigas is the owner of the parcel of
built on private property that was taken from the owner for the
land somewhere in Pasig City and the DPWH requested Ortigas
public purpose. This thoroughfare can be considered a
as the owner of the property to segregate said property to five
subdivision or street, so didto pa lang naa nay difference. Section
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
the Republic. Unfortunately for the Republic, _______ here
_____ sa yuta basi maputol maguba mga building you cannot use
___________ that it was held in favor of Ortigas knowing the
the property, then there is ______ that is the ___________. Number 2, the entrance of the private property must be 47
indefinite or permanent. Remember the element of the public
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 a violation of your property rights if gikuha na the private owner
purpose na dapat continuing siya, it is a continuing condition
has the action to compel payment of the property taken without
otherwise mawala na ang basis for the exercise of eminent
just compensation.
domain, you can sue the Republic for the reversion of the
In Hermano Oil V. TRB, we discuss this case before wherein
property because the public purpose is no longer present. Again,
the owner of this property giclose siya with this wall kay, fence
entry must be indefinite or permanent, the smaller needed
rather, because it is paggawas nimo sa property NLEX na so
authority to enter into the property so dapat naay authority ang
gisirado siya for the safety whatever to limit access to the
state to exercise the power of the property taken is the golden of
highway. Now, the owner of this property asked the TRB for an
public use or public purpose and the use of the property for
easement for the right of way because according to it dili na niya
public use should move from the owner of the beneficial
mause ang property because it has been totally deprive of using
enjoyment of the property and the concept here all of the
it kay gisirado na. It was not granted by TRB because it would
elements are present in this case. We have here a construction of
cause so many problems if imoha nang buslutan dirag daghan
the road structure of the property for the general use of the
mag agiagi so ma defeat ang purpose sa highway, etc. Now as
public. So what is the consequence, there is already the presence
we discuss before and was explained earlier, it was a valid
of all the elements. Therefore, incumbent na ang State to
exercise of the state’s police power and one of the arguments
compensate the owner. Now, the entry of the property here,
here of Hermano Oil was that sige dili na lang ni iopen but you
because of the entry, the State, Ortigas cannot enjoy the property
have to pay me for the value of the property na nadiminish or
anymore as it is before. It cannot use property for whatever legal
dili na nako magamit because you are not actually exercising
purpose it may desire ___________ proceeds. Now, again,
police power but you are exercising eminent domain. The court
_______ earlier this _________ subdivision, they cannot ______
said that that is not an exercise of eminent domain here because
because they remain private and they remain untouched until
the limited access imposed to its property did not retake public
_____ government by donation or expropriation proceeding.
impressible taking, what happened here was that the property
Now if you are the owner of the property you cannot be forced if
was not even taken or devoted for public use but it was subjected
applicable tung provision, you cannot be forced to donate the
to a certain ______ in order to secure the general safety and
property even if that is delineated as a road because that will
welfare of motorists using the ______. The Supreme Court ____
partake an illegal taking. If you choose to remain the property
that this is an exercise of the police power of the State, general
then you bear the burden of maintaining that property. You can’t
safety and welfare, so it is a valid exercise of police power.
be forced to donate that to the State. On the other hand, if you
Therefore, payment of just compensation is not required.
want to sell the property, the state also cannot be enforce to purchase that because kung paliton na sa State ang maka benefit
In Republic v. Heirs of Borbon, that, nag seazed, remember
lang ana kay dili man siya ana _____ kay subdivision road lang
there the case of _______ where the Republic ____________ in
man siya, it will benefit more or less the owners, subdivision
that instance pwede na ma recover sa _______ ang property
owners, so that will be using public ______ property for the
because the purpose of the exercise _______________ present.
benefit of these private individuals that constitutes
Here, now what happened, nag seized na pud ang public purpose
____________. So the best way to solve ______ insofar as these
kato lang ba ang effect ______ property or the ownership entitled
subdivided roads or subdivided property is for the owner to
for the payment of a certain sum prior to the discontinuation of
willingly donate the property to the state. But again, then again,
the proceeding because na deprive man siya sa iyang use of
as I have said before, we do not apply Section 50 here
property for that certain amount of time. So the court here, in the
______________. The court also reiterated the concept of inverse
summary, although the proceedings, expropriate proceedings
condemnation here. Inverse condemnation meaning you are
discontinued on the ground of public purpose because the ground
suing the State not to give them the property but to _______ the
of public purpose seized the state is still obliged to pay
property. Taking of private property without just compensation is 48
reasonable compensation to the land owner. What is this
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 we said earlier, MCIAA, ________ if the public purpose is lost it
reasonable compensation the court will discuss? What is
is incumbent upon its proprietor, the state, to return the property
involved here is again the NAPOCOR which is corporation
to its private owner, if the latter desires to reacquire the same.
allowed by the law to undertake development of our resources to
Otherwise, the expropriation would suffer from flaw which is
produce electricity. So it entered the property here somewhere in
this lack of particular public purpose. So here, naa kay basis to
Batangas to construct transmission lines, and because of this
discontinue the expropriation proceedings because of the loss of
entry it filed a complaint for expropriation with the RTC two
this public purpose. What is the duty of the court if makita niya
years after _____ to acquire not the ownership of the property but
eventually na wala man diay ning property, wala man diay ni
the acquisition of the right of easement of way over a certain
public purpose, dapat idismiss niya ang case of expropriation
property here. It was willing to pay P9, 000 for that. Now the
proceedings even if appellate stage na siya so the trial court
_____ property did not agree, you are not only taking the
______ stage the courts having duty the obligation to dismiss the
property, dili lang na siya easement eventually full taking ni siya
case. Now, dismiss na ang case, karon dugay kayo ni si property
so wala siya ni agree sa condition ni NAPOCOR dapat i=pay ko
owner wala siya na bayaran kay kung ipadayon pud sa
nimu sa full amount based upon the amount I ________, because
corporation naa pud siya’y P550x 14, 000 pero kay na
of this it went to RTC, so RTC determined kung pila ang just
discontinue naman so zero na siya. But the court said here even if
compensation. Eventually ordered NAPOCOR to pay the
na discontinue ang proceedings he has to be paid reasonable
property owners just compensation for the ______ 40,000 square
amount. Why? NAPOCOR here ______ the property without the
meters at 550 per square meters so icompare nimo sa P9,000
consent of the owners and without paying just compensation
layo pa jud kayo plus legal interest and cost of suit. On appeal,
wala man lang siya nag deposit ug certain amount considering
the Court of Appeals affirmed the ruling of the trial court,
the process of installing the lines here, transmission lines,
however during the pendency of the appeal, NAPOCOR filed a
NAPOCOR destroyed some of the trees, etc., it divided the
motion to deferred proceedings because rather a convening
property, rendered it imitant for any future use, it would be unfair
proceedings because it was no longer necessary for the public
for NPC or NAPOCOR not to be made liable to respondents in
purpose because of the retirement of the transmission lines
this case. Take note that the dismissal must be upon the just
installed in the property so unsa ba zero na ba ang madawat ni
conditions or just inequitable, so dapat nay amount. When do we
property owner? Gitake siya 1993 when ______ si NAPOCOR
value the reckon to the _____ of the property of _______
motion to discontinue 2014 so more or less the past na wala
amount. Again, as a general rule, we value it kung unsay mauna
nagamit ni owner ang property. So unsa ba quits na lang mo ana
filing of the complaint or the taking of the property. The court
zero? So the court said no, there has to be payment of reasonable
said here that normally mauna jud ang pag filed sa imong
amount for the time na wala nagamit ni owner iyahang property
complaint, ma determine noh, but someties just like NPC’s doing
because that will be unjust. So the court said here, tama nga wala
in so many cases suspicious bantog gina reckon sa court ang pag
_______ so we have to dismiss appropriation proceedings
value sa amount from the time of taking. So, anyway whichever
because dili man ni siya exercise of power of eminent domain na
comes first. So what is the amount na determine na nato na
wala na ang public purpose but under the rules of court dismissal
bayaran si owner, na determine na nato ang reckoning which is at
or discontinuance of proceedings must be upon terms and
the time the property was taken here because it was taken in 1993
conditions. The court means just and equitable dili dapat lugi ang
but gi file ang expropriation 1995. What now is the amount? The
isa ka party. So, gidiscuss diri sa Supreme Court ang public
court said there is no need to pay this just compensation of the
purpose, discussing that and explaining why _____ in this case.
entire property katong gina mean nato na full payment because
Take note that the term public use is no longer limited to the
the property will not be taken by NAPOCOR instead of this full
concept na use siya of the public, it is synonymous already to
market value, NAPOCOR should compensate the owners for the
public interest so broader, public benefit or public convenience.
disturbance of the property. How? By payment of actual or other
What is the effect if the public purpose is abandoned, in the case
compensatory damages, so the case was dismissed but it was 49
converted to _____ of damages para ma determine sa trial court
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 determining of just compensation is a judicial matter. It is the
kung pila jud ba ang amount na dapat iaward in a form of
court that determines the just compensation that is if di mo
damages to the property owner. Compensation must be based on
magkasinabot in the level of DARAB. If magkasinabot mo then
what is actually lost as a result and a reason by the reason of
there is no problem. If you want to insist in the evaluation, then
disposition of the property. Remember ang crops na destroyed
you go to the court, you file a complaint for payment of just
wala niya nagamit ang property. But since naa man ta sa
compensation. Gikuha na man ang property, so that’s what
Supreme Court dili nato siya pwede idirect prove, giremand sa
happened here the owners went to the trial court for the
Supreme Court ang kaso sa trial court because this involves a
determination of the true value of their property for the payment
factual issue. So the case was the expropriation proceeding was
of just compensation. Now the RTC held that the formula used
dismissed ________ damages proceeding to be determined the
by the DARB here was ____________and do not substitute
amount to be paid to the owners.
judgment of the court. So meaning even if naa na tay formula under the law klaro na jud sa rules of procedure sa DARAB
Now in Mercado V. LBP, we have here the application of the
administrative order, ang RTC held that it is not bound if with
CARP (Comprehension Agrarian Reform Program) to certain
those formula if there are circumstances required the non
parts of the land, nay limitations na baguhon sa agricultural land
observance of those land computation. On appeal, the Court of
dili pwede mulapas sa certain area and the rest would be given to
appeals emphasized that the computation here of the formula to
the qualifying farmer beneficiaries. The court has held that the
be used as set by the law and the DAR is mandatory. So, it
action of the state kay kuwaon gud tong excess area kay i
reverse the ruling of the RTC, it was supposed to be a _______,
distribute siya sa public for their use that constitutes omissible
anyway it reverse the ruling of RTC because it disregarded the
taking dapat bayran ka for taking. So that’s what happened here
formula. So now, the Supreme Court, the owners assert that the
the property owners they’re here in Davao to ____ they owned a
determination of just compensation is now within ___________,
9.8 hectare property because of the application of the CARP Law
but the RTC acting as such and the formula used is not always
na limit na ang extend _______ the excess would be given to the
binding there are instances na dili nimo siya gamiton and in the
farmer beneficiaries. So because of the inclusion of the property
instance na dili nimo siya iapply, applies to them. So, the court
coverage na relinquish sa ilaha ang ownership ang possession of
said here before going to the ruling, again as we discuss in here,
the property and in exchange they wanted payment for the same
the taking of the private property under the CARP Law
just compensation. Now there was this offer by LBP to pay P287,
constitutes a compensable taking, this is taking of private
000, so this was rejected by the property owner for the _____
property for distribution to landless farmers is one therefore for
there was a different amount. Where was this case filed in the
public use and therefore an exercise of the power of eminent
first place? It started in Amparo by the Provincial Agrarian
domain, so dapat naay just compensation. So now, how do we
Reform Office where the owners were notified na part sa ilang
value the properties since we already determine it na nay exercise
property bayran mo sa kaning amount na gipropose because the
of eminent domain. The determination of the valuation must be
owners of the property rejected that offer, smmary of the
done if nay issue with the RTC acting as a special Agrarian
administrative proceedings were conducted to determine this
Reform and it has to be exclusive and original power to
amount and eventually the agrarian reform adjudicator sustained
determine that amount. How is it guided the formula in Section
the valuation of the Land Bank. So the owner not satisfied
17 of the CARP as amended and translated into a formula that
appealed the matter to the DARAB (Department of Agrarian
issuance A.O. 5. However, this formula can be relax if granted if
Reform Adjudication Board), the DARAB held that because of
warranted by the circumstances of the case. Provided that it can
the ______ procedure of the DARAB, the decision of the
be explained, nganong dili _____ ang formula. There is a
adjudicator contempt valuation etc. must be, is not applicable to
discussion here on jurisprudence na gina state sa Surpreme
it, but to the RTC acting as a Special Agrarian Court. Why is
Court, mga cases na giapply, so what is the summary of
this? Because of the ______ of the Supreme Court the
doctrines, again we follow the formula as a general rule set forth 50
in the law and under A.O No. 5 of the DAR, an exception in the
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 by the law and also there is a mathematical error and the Court of
general rule is that the court may deviate of the formula if
Appeals find out that there is a mathematical error. Eventually
circumstances warrant, if situations warrant its applicantion. So
the court of appeals found out that the total amount which should
here the court, gibutang niya ang basis, what is the formula of the
be paid to him is not only 1 million but 26.8 million pesos. Oh
law , what is the formula ____________ and found out that RTC
diba, so kung ikaw unsa ka kanang ignorant ka or whatever
did not strictly conform with the guidelines set forth in the
_______ na property nisigut na lang ka sa unsa sa condition sa
foregoing, it deviated plus wala pud gi explain sa RTC why ni
Land Bank na 1.2 you have not enjoyed the increase in your
deviate siya from the formula. It stated here in general terms why
property 20 times, mahimo siyang 26 million. Of course, karon
exercise its judicial prerogative to deviate from the petition and
ang Land Bank na pud ang manakot noh from 1 million
so the court said that the determination of just compensation here
nahimong 26, it assailed the ruling of the court its now before the
is not supported by evidence. Tama na unta ang computation sa
supreme court. Anyway, the court of appeals found out that there
CA, it recomputed the amount but it found error when it
was no basis for you trial court to apply this incomeproductivity
conducted ________ evaluation made by Land Bank. So in fine,
approach, where did you find this formula. It disregarded the
the court finds out that both parties ________ satisfactory
factors under the law and also A.O. 5 so as the subsequent
evidence to prove the ________ through just compensation of the
issuances of the DAR in determining value of the amount. It set
property so nibalik nasad sa RTC. Now guided by the formula
aside the amount and place it with the amount recomputed.
and the law. So mao to siya. What do we take from this case?
Eventually, gibalik na gud ang yuta, ang sorry ang computation
Again, just compensation, determination thereof is a judicial
issue before the RTC and now from 26 nahimo na siya ug 34
prerogative and the general rule applied the law AO 5 and the
million, so ikaw loser ka, wala ka nag give noh happy na ka sa
exception is ____________ plus it has to be explained by the trial
imo 1.2 _____ insistent nahimo ug 34 million imohang property.
court why dili applicable ang _____.
Anyway, of course Land Bank again contested the computation went to the CA and was rejected; the appeal was denied and
Now we will discuss the case of Mupas tomorrow. So just we can
dismissed. Now before the Supreme Court, the LBP is contesting
move on with same topic of LBP and cases of CARP.
the valuation of the RTC as ________ by CA 34 million, not only the just compensation but also the interest payment. So the
Anyway, same party LBP V. Hababag (Another set of owners).
court here affirmed the ruling of the CA, petition of Land Bank
Na cover na pud ilang property by the CARP but instead of being
has no merit now. Again, the Special Agrarian Court has this
enforced to sell the property they were voluntarily offered by its
exclusive original jurisdiction to determine just compensation,
owners, voluntary offered of sale under the provisions of the law,
that is why tama ang gi ingon diri ang RTC ang nay sala etc. the
because of that givalue na ni Land Bank ang Property for 1.3
court also enumerated here under the law unsa tong factors to be
Million this is rejected by the owners after summary proceedings
considered by the court in determining the value f the just
with the _____ the amount was increased by P60, 000. So
compensation. Take note of the enumeration, acquisition cost
nahimu na siya ug 1.237 Million nahimo na siya ug 1.292
blah blah blah, wala mo kabalo ipa enumerate ni sa inyong exam.
Million di gihapon musugot si property owner. So because of that
So we go back again to the rules on valuation, as ageneral rule
naa nay disagreement adto na siya sa trial court learning that the
we follow the law as well as the issuances of the DAR in order to
determination of just compensation is a judicial problem so nag
compute that but the exception to that is again if dili siya
file siya ug case. So now, what did the trial court do here, it
reasonable to apply the rule, there are circumstances that exist the
applied this income ______ approach for some reason but even
nonapplication of the formula as long as it is justified. Anyway,
applying this formula gamay gihapon ang amount 5.6 Million
the court said that the computation of the CA was proper; it made
that’s why the owners still did not agree with valuation of the
use of the DAR formula and been consistent of the law RA 6657
trial court so they ______ with the Court of Appeals _____ that
and therefore the state must be ______. Now the court _______
Number 1 they did use that formula because it is not even given
discussion here as to the concept of income, income productivity 51
approach, it said that the valuation of the RTC is improper
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 money for the property for _______ purposes. Gikuha man sa
because it contradicts the definition of market value which is
state dapat ma compensate ka atong consequential laws nimo in
settled by jurisprudence. The application of this income
the form of interest. The rationale being that the interest will
productivity approach, what does it do? It approximates the
compensate you for the _________ had it been properly
income by the remaining productive life of the crops to be
compensated for your property at the time of taking also be
produced in his property and with the expectation it would be
______ the state for its delay and paying the owner of just
compensated by the developments to be made by the property
compensation, diba? Kining just compensation includes prompt
owner. So ang gina_____ karon sa RTC is that this property is
payment of the amount. Now here, it was argued by the LBP
that matching value na ma produce sa future, so kana na value
dapat dili na ko mag pay ug interest because when we initiated
ang atong gamiton na ibased sa imoha kay mao man ni imohang
proceeding gani sa DAR , nag deposit na ko ug certain amount
mawala, ma lose nimo in the future. Mawala imong mga mangga,
based on my calculation at 1.2 million so dapat at that time, more
mga durian, icompute na, ______ income productivity approach,
or less compensated na si owner, no need for us to pay interest
productivity sa imohang property. The court said that is not the
because nag bayad na mi but the court said this amount is lower
concept of market value. Why? Again, the state is only bound to
than just compensation awarded ____ more or less at 34 million
pay just compensation. How can you fix the amount? It is fixed
pesos and therefore payment of interest remain order insofar as
at the time of the actual taking of the property by the
unpaid balance is concerned. So, time of taking, 34 million
government. It has no business taking to the future. Kung unsa
multiply nimo sa capable interest rate mao na imong bayran.
ang value sa imong property karon mao na imong makuha
Again, the interest accrues whichever comes early the taking or
because that is what you lose at the time of the taking. Again,
the file of complaint. What rate to use? Remember the case we
what is being compensated is not your gain but your loss. So the
said we discuss earlier na gi isaisa sa Supreme Court ang mga
court here, could not sustain the formula used by the RTC
issuances sa Central Bank to determine the applicable amount of
because it was based on principal of anticipation implying that
interest, it applied the ruling here, dili na siya uniform na already
the value of the property is dependent upon the potential net
fixed period inani lang pag abot sa, since this was covered by the
benefit that will derive from its ownership. Therefore, this
12% rate, the period na covered sa 12% iapply diri. Eventually
approach we just characterize from the element of futurity is
on July 1, 2013 gihimu na pud na 6%, gi apply na pud ang 6%
inconsistent with the idea of valuing the property at the time of
diri so that’s how the court computed the interest. Take note of
taking. So bantog dili ni gamiton ang income productivity
this case, gi value sa Supreme Court according to the findings of
approach. Also, ngano wala, gi strike down ni Supreme Court, it
the CA using the formula of the DA as well as the provisions of
adopts daw the investor’s point of view, gina consider sa pag
the law, wala gi apply ang income productivity approach and also
compute ani kung unsa imong makuha as deemed from your
payment of just compensation, ah interest rather, was allowed
property, kung investor ka unsa imong makuha na gain, when in
and computed based on the prevailing interest rates na cover ang
fact under the law RA 6657 it is not for your benefit, it is for the
payment taking until the payment. For motion for
benefit of the qualifying farmer beneficiaries bantog ginakuha
reconsideration, of course noh the Land Bank insist na mali ang
nang property . Agricultural lands are not acquired through the
Supreme Court, it did not want to pay legal interest on the unpaid
law for investment purposes but for the distribution to landless
balance because it is too big. Also, they want to be clarified to
farmers. So by applying this income productivity approach you
the date of reckoning, ah the date upon which the amount of
are not only inconsistent to the concept of just compensation but
interest be reckon. What where the arguments in the motion
also inconsistent to the policy of the law. O din a imo pwede
forwarded by the Land Bank? ________ in the payment of
gamiton forever. What about the interest payment? Since the
interest because there was no delay in its part of the Land Bank.
amount is a liability from the state to the owner it is written as
Why? Nag deposit naman ko at the outset, so there is no delay to
effective forbearance on the part of state, utang between the
speak off and also there is substantial difference between the
owner and because of that, utang man magamit unta nimo imong
amount of the initial valuation of 1. 2 and the amount of 34 52
million for the final just compensation. The court said that the
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 appeals. Now, before the Supreme Court, the question sa NPC
substantiality of the payments made by the Land Bank here is not
pag compute sa just compensation gi apply sa trial vcourt as
the determining factor in the disposition of interest because what
affirmed by the CA ang inflammation rate of the Philippine peso
is required under the law is for you to fully paid just
so dapat daw you exclude that from the computation. There is no
compensation and therefore the value of the landholdings should
basis for that therein just compensation. So the issue here is
be equivalent to the principal sum plus interest. ______________
should the inflation rate be considered is _____ the amount. The
enormous maybe cannot be inequitable because it resulted to the
court said no. why? Go back to the again to the concept of just
direct application of law and jurisprudence so you cannot
compensation and the value of the property at the time of taking
complain Land Bank dako kayo ang difference. What about the
which is controlling for purposes of just compensation. Now,
clarification? Land Bank wants to have so far the date of taking
kung dugay ka bayran sa imong property definitely maka feel ka
kanusa ireckon ang amount. When did the taking happen here,
ug inequity because dili nimo siya magamit wala pa jud ka
since the rule of the Supreme Court the original ______ used the
gitagaan ug kwarta the amount ___ etc. to earn money, so how
prevailing rates, encompass the period of the update payment, we
does the state compensate you for that loss, through payment of
have to determine what is the time of taking. Here, what was the,
ingest. When property is taken full compensation must be
how was the property taken from the owners; it is when here
immediately paid and therefore if dili immediate ang payment,
____________ transferred to the Republic or emancipation
interest may be warranted. What is the purpose or the rationale of
issued by the government. So this is the time the reckon
interest? This interest is to compensate the owners for the income
valuation of the interest, because that is the time of taking. The
they would have made if promptly compensated at the time of
court said that there was no evidence forwarded by Land Bank to
taking. Thus, just compensation plus interest _____ removes the
prove na kani ang time na gi take nila ang property. So that is
effect of inflation on your money. Just compensation due to the
why allowed sa Supreme Court _____ Land Bank but not before
landowners’ amount for effective forbearance that is why tagaan
the trial court. Anyways the court sustained just compensation
ka ug interest and in order to eradicate the issue on constant
_________ interest based on proof as to the date of taking kay gi
variability in the value of currency over time and therefore since
change man nila ang value sa price _________.
tagaan naman ka ug interest payment, interest because wala gibayran in the meantime, we should not include this inflation
Finally, we go to the case of NPC V. Manalastas, NAPOCOR
rate anymore because this is already address by your interest.
again constructing the transmission lines which resulted the
Because ______ in the payment ________________________to
nonuse of the property _______ as with what it has done
the payment of interest of the market value of the land at the time
previously, it entered the property without the knowledge and
of taking the land owner. What else did the Supreme Court say
consent of the owners and even without initiating expropriation
here? Again, do not apply the inflation rate in the payment of just
proceedings and definitely without payment of just compensation
compensation. In addition the court also award the damages in
and because of this the land owner alleged that they can no
the form of exemplary damages. Why? Ngano gi tagaan pa man
longer use their land. Take note that earlier cases kaganina the
jud ug exemplary damages? Take note of the manner by which
Land Bank involved the CARP Law, lahi na pud ni sa NPC, its
how NPC took the property suspicious wala gi inform ang
pursuant to ___________. So anyway ang nahitabo __________
owners wala gibayran. So the court said this is to deter future
so because of the encumbrance to their property inability to use
takings of this nature. Government agency should be
that. Nag file sila ug case sa owners with the RTC demanding the
admonished and made to realize its negligence in actually
removal of the power lines plus payment of damages or the
_______ property before taking private property. so in order to
alternative pay me the market value of the property at a certain
penalize NPC for its act, exemplary damages be awarded.
sum. So in a way nag initiate siya ug inverse condemnation. The RTC held that NAPOCOR is liable to pay 92 million pesos by way of just compensation and this was affirmed by the court of 53
December 6, 2017
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 determining the amount of just compensation. On motion for
Stella Mirabueno
reconsideration, it was filed by one of the parties, the Court said here that it can use, the trial court can use this replacement cost method but it is only one of the factors that the Trial Court can
And domain vis a vis process we have this Republic v Lucas
use among others. So diri first namention ning concept or this
concerning the BOB arrangement of PIATCO and the State in
method. Anyway, on the motion for reconsideration in the case
so far as the NAIA international airport passenger 3 is concerned.
the Court also said that PIATCO is the owner of the property and
So here, the industry there is this corporation (inaudible) post
so siya dapat ang bayran in the event na madetermine na ang just
government chopped and developed this NAIA 1983 under this
compensation. Now, balik ta (inaudible) determination and naa
arrangement knowing this arrangement (inaudible) because
nay (inaudible) estimate sa RP the government posited that the
iyahang bid and so eventually (inaudible) dili labag sa iyahang
amount of the terminal is $149M; PIATCO on the otherhand,
kontrata did this criminal operated intentionally transfer
$905M and this other firm which supposedly built the structure
(inaudible) sa State. Now, one of (inaudible) decision from the
$360M. (inaudible) and eventually the RTC settled with the
Supreme Court it was asked to nullify the contract with Bf Home
amount of 160M, of course dollars. Of course this was not, dili
for several reasons. Eventually the Supreme Court did at least
amenable ang PIATCO diri saka napud ang kaso before the
nullify the PIATCO Contracts because it was not the duly
Court of Appeals where it arrived at its own formula to determine
qualified bidder but dugay siya nanullify, nibuild na ang terminal
that the amount it should retain (inaudible) is $300M but
so in the motion for reconsideration in this case (inaudible) the
qualified it to 200 uh same amount with interest. And coz kana
government should first (inaudible) PIATCO (inaudible)
ang ruling sa Court of Appeals appeal ang PIATCO xxx before
requisite for it to take over this area. Since nanullify ang contract
the Supreme Court to question that ruling. Now the state here, the
(inaudible) so karon natake over na sa government pero it would
government, asks the Court in this case to reverse the findings of
be inequitable for it to get the structure without paying this
the CA to and, to deduct noh from the replacement cost na
PIATCO (inaudible) gasto ang build kung naa bayran nila ni.
gigamit sa CA xxx million the following amount, so
That was the ruling of the Supreme Court in order to effect that
depreciation, particularly. On the other hand, PIATCO insists
nagfile, giorder sa Supreme Court ang pagdetermine sa just
noh that the amount is $360M xxx is proper and dapat dili deduct
compensation (inaudible) in order to satisfy justness and equity
ang depreciation deterioration etc. So who wins this case, the
because the government cannot unjustly enrich itself at the
Court here partially reversed the ruling of the Court of Appeals in
expense of PIATCO. Now in the expropriation case filean na ni
determining the principal amount retained by the State at
government noh ang PIATCO currently owner of this property to
PIATCO is fixed at 326M plus interest minus katong mga
determine just compensation. The valuation proposed by the
gibayran na niya sa una. Before going, before the Court went to
government is only P3M according to (inaudible) that is the
that conclusion let’s discuss what were the doctrines discussed by
proposed value so this was xxx valuation. Anyway, the
the Supreme Court in this case. Now, again, we go back to
dependency of the petition of the RTC should be in possession of
concept of just compensation. It is the means by which the owner
the government and the Court here, the RTC ordered the
of the property will be returned the monetary equivalent to the
Landbank to pay the release of a certain sum. This was
position that he can when the taking of his property occurred.
questioned by the government in another case, which went to the
Therefore, in order to determine that, we have to know kanusa
Supreme Court, and the Court (inaudible) said that first, PIATCO
gitake ang property and also kung unsa ang value sa property at
must receive the payment of just compensation as determined by
the time of taking. That is just compensation. The standard value
(inaudible) and what law should be applied here. It should apply,
to be used here is generally, the fair market value of the property
(inaudible) not only the doctrine of just compensation, equity but
at the time of taking. That is the general rule. However, that
also RA 8974 in which involves the infrastructure projects of the
general rule has an exception. That is, if the property has no fair
government so that should guide the government, the Court in
market value or the fair market value is difficult to determine. So 54
here, the Court enumerated instances where fair market value
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 determining the amount of just compensation here. Why do we
does not exist to certain properties. For example, properties
not use the new replacement cost method as proposed by
which are specialized because they are rarely sold in the market.
PIATCO? The Court said that this would be unjust to the
Among others, we have to include here airport terminals because
government because it cannot determine the value of the property
it’s not everyday that you sell airport terminals. So, since wala ni
kay dili man cia, pagbalhin sa gobyerno, brand new… dapat
siya’y fair market value pwede ta mugamit ug other means to
idetermine nimo siya na lessened na siya because it has been, it
ascertain just compensation. The Court enumerated here some of
has taken awhile for the property to be transferred to the
the methods employed in other jurisdictions. What was the
government because of the issues involving the same. The Court
method adopted by the Supreme court in this case? It was this
said that, in order, if we use this new replacement cost method, it
replacement cost method, but kaning replacement cost nani
would be unjust to the government because it disregards the fact
daghan man jud ni siyang klase. Anyway, the Court said that
that the government expropriated the terminal that is not brand
what is appropriate to use here as replacement cost method to
new. And it would be xxx if we use this method is that PIATCO
determine just compensation if the expropriated property has no
would be compensated more for what more than what we have
market based evidence of its value. It is admitted that
actually lost. So we stick to the depreciated replacement cost
replacement cost is a different standard than fair market value.
method. Again just compensation measures the loss of the owner
Why? It is this replacement cost, it is the amount necessary to
of the property. What was the computation used by the Supreme
replace the improvements of structures based on current market
Court here? It adopted the computation of the government.
prices. Dili parehas sa fair market value buy the property and naa
According to the Supreme Court, it was more realistic and
na sila’y construction. But the court said here that they use this
appropriate and it used this depreciated diba as argued by the
method because wala na’y market value na magamit. But is that
government earlier, (inaudible) depreciation, so that’s what the
the, gistop na ba sa Supreme Court dira ang discussion on the use
Supreme Court adopted. Now, there was a discussion here as to
of replacement cost? No. Naa pa jud siya’y gispecify in the form
when do you reckon the amount of just compensation? When do
of a replacement cost. This is the depreciated replacement cost
you reckon the amount of interest? Now we first go to the
method. It is consistent with the principle that property owners
amount of just compensation. As we earlier said before, we
should be compensated for this actual loss. So naglahi
determine the amount of just compensation of the property
pagdetermine the cost of the property if ireplace nimo siya if
expropriated either at the time of the taking of the property or at
naay taking but also iminus nimo didto sa imong makuha na
the time that the expropriation complaint is filed, whichever
value ang depreciation sa equipment, this is because again the
comes earlier. So mao ni siya ang pang determine nimo sa just
concept of just compensation, we are not determining the of the
compensation. Just in case noh mauna ang isa sa other. So
taker of the loser of the property but the loss of the property
whichever comes first. The reckoning period of amount of
owner. Kay siya man ang nawalan ug property. This depreciated
interest is different. Under the Rules of Court as well as under the
replacement cost approach is the method of evaluation which
Constitution, again, the properties sought to be expropriated shall
provides the occurred cost of replacing an asset with its money
be appraised as of the date of taking or the filing of the
equivalent less deductions for all physical deterioration of all
complaint, whichever is earlier. Mao nang nakabutang for just
other forms of substance and optimization. So mao ni gigamit sa
compensation. But interest on the other hand, wala’y namention.
Supreme Court diri to be fair. Depreciation is also discussed with
Under the Constitution however, it provides that the condemnor,
the Supreme Court here. Mao ni ang, you already know what
the taker of the property shall give to the owner the full
depreciation is noh? Imuhang laptop dira paliti ko karon, after 5
(inaudible) equivalent of the property from the date of the taking.
days it’s not going to be the same value because of this
Therefore, if the condemnor delays from the date of taking dira
depreciation. There are three types of depreciation: Physical,
pa maincur ang interest because you would not be able to use the
functional and external obsolescence. Just take not of those kinds
property in the meantime. So when it comes to interest, you
of depreciation. It was considered by the Supreme Court in
reckon the time from the date of taking. The Court said that 55
without this prompt payment, the property owner suffers
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 Now we are done with due process and eminent domain, we go
immediate deprivation of property because gitake man siya from
to due process and taxation. It’s not in your syllabus but let’s
you and that is when dapat gibayran ka and since wa man ka
discuss it, it’s one of the fundamental powers of the State. Just
gibayran, magearn ug interest. Again, just compensation is a
because the State has a (inaudible) power through the legislative
forebearance of money necessitating the incurrence of interest.
to tax its inhabitants, the power is not unlimited. Now, as we
So mao na siya. What if nauna ang expropriation tapos wala pa
discussed in the case of Manila Memorial v DSWD, and some
gitake imong property (inaudible) ug interest. Well, it would
other cases, there is a distinction of police power versus eminent
appear that you could not because even in extra expropriation
domain. And also there is distinction between police power and
proceeding wala man gitake imong property so imuha gihapon
taxation. Remember, that police power is the power to save who?
siya (inaudible). Pero kung nauna ang taking pero wala ka
Past the (inaudible) refers to liberty of property in order to
gibayran that is when you reckon the interest. Thus, in eminent
promote general welfare. On the other hand when we say tax, the
domain cases, interest runs as a matter of law. It follows as a
purpose of the taxation is to generate revenue. So, if we have a
matter of course from the right of the landowner to be placed in
regulation here issued by an enforcing body, magissue siya ug
as good a position as one can accomplish as of the date of taking.
katong, remember the case of Chevron? Na giregulate ang
Take note of the distinction. So just compensation whichever
(inaudible) sa gasoline, (inaudible) is a form of diesel, in a
comes earlier, but when we talk about interest we reckon it from
specific locality, the Court said that in order to ascertain kung
the date of taking. And there is also (inaudible) so far as
unsa ni siya na kind of measure, we have to go to the main reason
infrastructure projects is concerned because we have RA 8974,
why this issuance was in the first place issued. If the purpose is
naa pud siya’y specific provisions kung kanusa matake ang
to regulate, then even if there is an incidental profit na makuha
property. Now, even if under this law the government can
then we determine it to be one which is an exercise of police
immediately take the property, so upon filing of the complaint
power, if the main purpose is to generate revenue then that is
and paying of a certain amount, it does not mean that this initial
taxation. That cannot be done by Executive body, it has to be the,
payment, the government is already excused from avoiding the
as a general rule, the Legislature.
payment of interest. Anyway. So in this case, the Court concluded that number 1, we use the depreciated replacement
Now we have cases here involving the application of due process
cost to reckon the value of the property here, just compensation
and taxation. Commissioner of Internal Revenue v BASF
at least at the time of, by the time xxx by the time of taking
Coating GR#198677 a 2014 case, what happened here? We have
anyway, time of taking or time of filing the expropriation
this corporation nag exist siya, naa siya’y specific address at the
complaint whichever comes earlier, to be reckoned by the
time (inaudible) now it was dissolved. Dissolved niya siya, it
interest to be reckoned at time of taking. We also use the
dissolved itself, nagchange na siya’g address. Now the BIR
prevailing interest rates kung, at the time (inaudible) niabot siya
assessed this corporation of its taxes but it sent this FAN, Formal
tung time xxx then we use the new rate. Who gets the money in
Assessment Notice, that’s one of the procedural requirements
the end? The Court said that the property owner is the one who
before you can be properly assessed, to the old address of this
receives title to just compensation, in this case it is PIATCO, it is
dissolved corporation. Now natingala nalang ang new
not the firm that built the structure but the owner of the property.
corporation na naa na siya’y tax delinquency xxx because wala
In the Philippines, the test of who shall receive just compensation
na daw nabayran ang tax. Pursuant to this FAN, kay giassess
is not who built, here the terminal, but rather who it’s true owner
man siya wala siya nakabalo na naa diay nagdagan man tong
is. Kinsa man owner diri? Ang PIATCO kay kung dili man ang
assessment interest or charges, later on nya nahibawan nabiyaan
PIATCO wala ni siya gipadayon na expropriation case before the
diay because wala siya kabalo because the FAN was sent to the
Trial Court. Okay? So that’s Republic v Lucas.
old address. It contested the computation of this, of the BIR of its
taxes and when the case went to the Court of Tax Appeals it 56
reversed, the, it declared as null and void the computation made
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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,
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
rd
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 57
earlier when we talk about equal protection, we also grapple the
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 58
separate proceeding to determine if you are indigent, naa ka’y
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 59
because there is a valid distinction between you and your
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 eminent, sorry, equal protection clause is not violated.
Now, Quinto v COMELEC, take note we have two assigned 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 60
religious dogma violates its constitutional rights among others,
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 61
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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
Commission which was the constitution memo was declared
because of the defect in the ah deed of conveyance, it lacked the
though by the supreme court to be unconstitutional because it
approval of the Secretary of Agriculture and Commerce because
violated equal protection, since the commission on governance,
walay tinuod nga property that it reverted back to the state, so
the government officials of the GMA administration and other in
karon the motion for reconsideration of this case no, still the
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
employees to meet certain multi requirements in the connection
government. So (inaudible) the Manotocs now want 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
that violates equal protection because ngano daw gi single out
para ma confirm, declare noh aron valid ilang TCT nga ilang
ang mga BIR ug BOC employees there is no substantial
gina gunitan for that law daw to be constitutionally valid it must
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 62
would be violative to equal protection clause ngano naa may
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 63
different treatment, why is the law so strict no against men
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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? 64
MAHUSAY: As of July 1, 1989
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 65
kabuok for the approval of the President conferment of the
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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
66
between ordinary property owners accepted under the law and
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 67
unexpired term. Now because of these amendment to the Migrant
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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
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,
discriminatory
plus the law can be better implemented if the benefits are given 68
to those who are needing the benefits of dependents parents, so it
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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
69
arrest shall be issued except upon probable cause to determine
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 70
the warrant would search the red house (inaudible) particular
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 71
then pag duol nimo saiya then gi kapkaoan nimo siya even if
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 72
administrative cases against the employees, the staff etc. using
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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.
One of the arguments raised by the those who would want noh to
So the administrative charges were dismissed against Atty.
uphold the decision against Atty. Morales na liable siya was that
Morales.
the search done on his computer was consented, ni sugot siya and 73
Using that we relate that case with Pollo v. Constantino
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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
utilities of the government and so because of that allegation done
was valid, it was reasonable. As general rule, you have as
by an affidavit filed before the Civil Service Commission, naay
employee noh in an entity agency, you have a reasonable
search done on the government issued computer of the lawyer
expectation privacy, dili ka puwede, you have that shere of
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
Before the search was done, wala nag secure ug search warrant
privacy naa gihapon kay expectation dili na puwede mawala
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
procedure in what happened in Atty Morales using the
rule, but that reasonable expectation can be reduced if there are
documents nakita gyud nila didto nga naay mga pleadings in fact,
factors which prove nga dili kaayo private ang imohang setting in
pleadings against the Civil Service Commission meaning gina
the office.
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
interest niya, naa siyay knowledge about the workings of this
be reduced or may be reduced by virtue of actual office practices
office and he knows the weakness of the whatever gina gamit
and procedures formed by legitimate regulation. How can you
niya against the office, so because of that gi filan siya ug
determine that? It is in the nature in discussing noh kung unsa
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
him, there was a time unreasonable search and seizure because
offices may be so open to employees or the public that no
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.
difference? Anyway, the court had a very comprehensive discussion here, as what concept from reasonable expectation
There is a truthful inquiry in order to determine here 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
seizure but the protection is only against unreasonable searches
present it was the search was conducted that it must be reasonably related to the circumstances which justified interference in the first place meaning related siya sa authority 74
nga gihatag sa institution, dili puwede nga feel lang sa kadtong
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 naa siya'y privacy which had to be protected insofar as his office
mag improve. For example just in this case, gi filan siya ug
is concerned.
complaint sa Civil Service, gi search ang iyang mga computer naay investigation and pursuant to that investigation, gi search
Take note of this policy noh na gi gamit sa Supreme Court
ang iyang computer, gi test karon sa Supreme Court. 32:45 ang
katong ilahang work place policy insofar as the use of their
cicumstances are these uhm ang criteria ba ang nag reset
computer is concerned.
(inaudible) now how is the first requirement established kung ang action was just filed as an exception to intrusion, it will be
Now, was the search done on him reasonable? Mo balik ta
justified (inaudible) if there are reasonable grounds for
adtong two requirements. Anyway, it was already established na
suspecting that the search will turn out evidence of the
there was no expectation of privacy, now even if wala siyay
employees' workrelated misconduct, meaning there must be
reason of expectation, reasonable ba ang gi himo na search
some kind of push na dapat naay uhm reason in the first place
saiyaha even walay search warrant? The court said that yes. It
nganong himoon man ang (inaudible) what was that what was the
was done reasonably. The search was not arbitrary naay basis, it
item here na nag start sa (inaudible) is the complaint against the
was conducted in connection with the investigation with work
Civil Service and later on with the investigation.
related misconduct prompted by an anonymous letter (inaudible) so there was basis in the first place. Therefore, the search was
What is the, how is the second requirement met? If the search
justified in its inception because there was a reasonable ground
would be permissible if measures are adopted the measures
for suspecting that the turnout of evidence that he is guilty of
adopted the (inaudible) are reasonably related to the objectives of
workrelated misconduct. What about the scope of the search?
the search and not excessively intrusive on the nature of the
The scope was only limited to the personal computer na gi issue
charges. So, mao ang to ang standards.
saiya sa government. So, the court said that it's not unreasonably intrusive because in the first place, that computer does not belong
Now, we go to the application of those theoretical standards to
to you, it belongs to the government. Naa gud tay policy na
this case. Now, did the lawyer here did he have a reasonable
whatever contents naa dira can be considered as (inaudible). So,
expectation of privacy in the first place? The court said that he
the court validated the search and used the evidence against him.
did not. What are the reasons? Ngano wala siyay reasonable
Now, what about the case of In Re: Morales ganina what is the
expectation of privacy in the first place? It is because aside from
difference of that case from this case? The court said that in In
the fact nga his office is open to all not only to the public
Re Morales, what was involved was a personal computer of the
(inaudible) there was also an office policy which provides noh na
court employee, iyaha tong computer dili to sa court siguro
ang computer na imo gina gamit is not private, it is not for you it
Macbook to mahal noh iyaha tong gi palit from which the
can be used the contents thereof can be used against you etc. noh
personal files of the lawyer was retrieved, but in this case we
it belongs to the government.
have a governmentissued computer subject to regulation by the office which he is working. So that is the main difference ngano
So, anyway, the court said here na there was no reason of
dili applicable ang In Re: Morales.
expectation of privacy in the first place insofar as the lawyer is concerned. He failed to prove of an actual expectation of privacy. He did not allege that he did not share with anyone and that his
Now, we go to the case of World Wide Web v. People long
office was also locked. Let's go to his computer. Aside from the
distance calls katong gina tawag nag
fact na naa sila'y regulation na pwede na siya ma intrude noh there was also a password for any other means to prevent other
so meaning kung mo gamit ka ug equipment sa PLDT mo tawag
employees from possessing his computer, so he could not say na
kag long distance didto sa abroad whatever and libre noh because 75
you are siguro kay gina charge gihapon ka but not by the PLDT
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 76
believe that an offense had been committed and that objects
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 77
In Ocampo vs Armando we have discussed already here, so far
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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
committed by the persons sought to be arrested. Ganina
kauban parehas silang tanan mga adik. And, the items retrieved
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.
on the complainant is not mandatory but it is for the
(Atty. Gil & Juris Q&A) Atty. Gil: Yes there has to be a warrant, a lawful arrest in the first
determination of the actness of issuing a warrant of arrest.
place. So that's what happened here mao na gina raise karon nga
He can rely on the report of the prosecutor kung kinsa ang
not present "I was searched without a search warrant" and now
nag conduct sa preliminary investigation, but when we talk
the policemen were saying, "yes, that is true, but you were
about search warrants kailangan ang personal examination ni
validly arrested and the search done on you was a search
judge.
incident to a valid warrantless arrest." Take note na walay warrant of arrest and wala puy search warrant in this case. Now
The court also emphasized here the special support sa pag issue
gina question na karon sa accused how these pieces of evidence
sa mga warrants which cannot be set aside by an allegation that
against him be permitted when walay warrant sila in the first
there was no probable cause in the first place. You have to prove
place to validate the arrest and the subsequent search. 78
So as a general rule, as we’ve discussed earlier we have to
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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
a lawful arrest
search warrant, without a search warrants. There has to be a prior, isecure dapat nimo siya before you can secure someone
If you arrest someone what is the general rule para ma valid ang
before you can search someone or some place. We discuss
arrest? There must have to be what? You must possess what?
yesterday some of the cases emphasizing that concept so much so
Warrant of arrest. Is that rule absolute? What are the exceptions
that there, if there is a violation of this right its unreasonable
for when an arrest may be validly done without a warrant? It's in
search and seizures, we apply its constitutional under second
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
person committing, arrest him in hot pursuit. Wala nimo nakita
dili siya maconsider as evidence against you. How is that
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
have a search warrant before you can effect a search. So the court
Worldwide Web vs People but there is a nuance here on
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
can used to call your relatives in abroad. It is being sold somewhere outside the country, number one (1) card sold to
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 79
circumvent the call which is the rates of the PLDT. We are using
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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. 80
As we asked before na wala gi categorical answer sa SC, is that
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 81
In any court within whose territorial jurisdiction a crime is
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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, 82
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 83
long as this searching individuals can establish kay gihimo gud
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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
was no circumstance that will prompt the officer that will arrest
considered to be waived. So now we have the issues : 1.) Was
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
policeman no na he attempted to escape that was already
and political rights which the Philippines is assignatory which
considered as a violation of Article 151 of RPC, resisting arrest
means that this right is very significant that the courts must be
and therefore since a felony committed to the presence of this
vigilant in protecting this right. One of he safeguards of the
police officer, they can effect a warrantless arrest and od a search
preservation of this right is required of the probable cause to be
pursuant to the valid warrant of arrest. Naa pay discussion here
determine by the judge. What is the requirement of the
about abandonment, abandon articles may be lawfully search and
constitution and the rule, there has to be a personal examination
seized by the lawful enforcement authority. So that what
in a form of searching questions done by the judge himself in
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 84
examination of the judge here done on the applicant of the search
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 85
given presumption of irregularity, it is not something can be
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 86
and discretion residing in the locality applies only in the absence
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 therefore
giapprehend siya the gisearch. Now an inventory was allegedly conducted in photographs marked money and the sachet were
the
taken. Pursuant to the items gather on this persons, he was
here is acquitted.
accused
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 87
eventually the RTC issued a search warrant, pursuant to the
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 88
that the issuance of the warrant was void because there was no
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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. 89
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 90
conduct warrantless search again limited lang ang prohibition
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 91
search and that the search must be done on the person or the
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 92
convenient I issue ang citation ticket so wala siya g arresto didto
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 93
warrant. The Court held here that there was a valid arrest in
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 94
escaped prisoners. In this case, Rom here was caught in flagrante
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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, 95
didto nakita nga marijuana diay and then giarrest siya. Was there
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 96
the search. But the Court said that that passive reaction cannot be
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 97
exception to the general rule that you can do a search without a
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 98
ka checkpoint and the policemen there knocked on the vehicle
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 99
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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. 100
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 101
not do. A genuine reason must exist based on the experience and
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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 102
CONSTITUTIONAL LAW II | Atty. Gil Garcia I - Sanchez Roman | S.Y. 2017-2018 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.
103