Constitutional Law II - Bill of Rights Section 6,7,8,9

Question 1

What does Sec. 6, Art III, 1987 Constitution provides?

Answer 1

The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.

Question 2

What is residency?

Answer 2

Residence’ is used to indicate a place of abode, whether permanent or temporary;

Question 3

What is domicile?

Answer 3

denotes a fixed permanent residence to which, when absent, one has the intention of returning.

Question 4

Can the right of liberty of abode be impaired?

Answer 4

Yes, Upon the lawful order of the court

Question 5

Can the right to travel be impaired?

Answer 5

Yes, in the interest of national security, public safety, or public health, as may be provided by law

Question 6

What is the nature of the right to change abode and to travel?

Answer 6

It is not absolute.

Question 7

Does the constitutional right to travel include the right to return to the Philippines?

Answer 7

No, But the right to return to the one’s country is a generally accepted principle of international law

Note: Doctrine of Incorporation

Question 8

Does the president have the power to prevent someone to return to the Philippines

Answer 8

Yes, under the president’s residual power.

Question 9

What is “Residual power of the president”

Answer 9

All powers that is not judicial nor legislative in nature would fall under the executive

Question 10

What does Sec. 7, Art III, Constitution provide?

Answer 10

Section 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.

Question 11

What is the nature of the right to information?

Answer 11

It is not absolute.

Question 12

What does information mean in Sec.7 Art III, 1987 Constitution

Answer 12

Information on matters of public concern

Question 13

What are the Limitations on right to information?

Answer 13

Information of public concern

Information of excluded by law

Privileged information

Question 14

What are the kinds of executive privilege?

Answer 14

Deliberative Communications Privilege - decision making of executive officials

Presidential Communications Privilege - decision making of president

Question 15

What does Sec. 8 Art. III, 1987 Constitution provide?

Answer 15

The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.

Question 16

What is the nature of the right of association?

Answer 16

It is not absolute.

Question 17

What are the limitations of the right of association?

Answer 17

You cannot form associations contrary to law

Question 18

Do governments employees have a right to strike?

Answer 18

No, due to the fact that it will disrupt public service

Question 18

What should government employees do instead of striking?

Answer 18

The should petition the Congress for the betterment of the terms and conditions of employments which are within the ambit of legislation of those which are not fixed by law.

Question 18

Is the compulsory membership to the integrated bar of the Philippines a violation of the freedom to associate?

Answer 18

No, It is an exercise of police power because it is of public interest.

Furthermore, you will become a member of the IBP after passing the BAR

Question 18

Requisites of taking in Sec. 9 Art III, 1987 Constitution?

Answer 18

The expropriator must enter the private property;

The entry must be for more than a momentary period

The entry must be under a warrant or color of authority

The property must be devoted to public use or otherwise informally appropriated or injuriously affected

The taking must be in a way to oust the owner and prevent him from enjoying the benefits of the property

Question 19

What is public use under Sec. 9 Art III, 1987 Constitution?

Answer 19

A meeting of public need or public exigency or the indirect benefit of the public

Question 20

What is just compensation?

Answer 20

The value of the private property at the time of the taking.

Question 21

Who has the primary duty to determine just compensation?

Answer 21

The judiciary

Question 22

What are the stages of expropriation?

Answer 22

First, determination of the validity of the expropriation and determination of just compensation

Question 23

What does Sec. 10, Art III, 1987 Constitution

Answer 23

No law impairing the obligation of contracts shall be passed.

Question 24

Dos Sec. 10, Art III, 1987 Constitution only limited to laws?

Answer 24

No, it affects all governmental acts

Question 25

What is the scope of the non -impairment of contracts
clause?

Answer 25

The constitutional prohibition against impairing contractual obligations is not absolute and is not to be read with literal exactness. It is restricted to
contracts with respect to property or some object of value and which confer rights that maybe asserted in a court of justice; it has no application to statutes relating to public subjects within the domain of the general legislative powers of the State and involving the public rights and public welfare of the entire community affected by it.

Question 26

What is the purpose of the non-impairment of contracts clause?
When is there impairment of
contract?

Answer 26

The purpose of the non-impairment clause of the Constitution is to safeguard the integrity of contracts against unwarranted interference by the State.