Poli_ III. Consti - Citizenship and Bill of Rights

Question 1

Bill of Rights - a LIMITATION on the vast powers of the Govt

Preliminaries

What does the BOR do?
Rules R of G/P
Protcts P f Ui of G

What are the 2 types of rights protected under the BOR?
PubR
IndR

Answer 1

1) It Rules the Relationship of the people and the government

2) It Protects the people from Undue Interference by the government
(Hence no interference from Government, no BOR to invoke)

3) PSP it Preserves democratic ideals, Safeguards fundamental rights, Promotes happiness of individual

2 Types of rights:
A) Public rights - a collective right enjoyed by the people

B) Individual rights - specific rights which a person may invoke

Question 2

Bill of Rights
Preliminaries

Doctrinal rulings on - exclusionary rule of evidence in violation of Constitutional rights

Dnt Apply agnst PP

Answer 2

P vs Marti:
Constitutional protection against unreasonable search & seizures dont apply to private persons. So -
Accused cannot reverse his conviction by excluding evidence against him.
The evidence sought to be excluded was obtained by a Private person, acting in his Private capacity & without Participation of State authorities

Question 3

Bill of Rights
Preliminaries

Bill of Rights enforceable against Private individuals? - state the rule

GR No Against Pr Acts of ind

Answer 3

Yrasuegui v PAL:

The BOR can NOT be INVOKED Against acts of Private Individuals.

Eg. The equal protection clause brings NO SHIELD against Private conduct, however wrongful it is.

Sebreno v CA:
The presence of a policeman in an inspection of the electric meter of a residence for possible meter tampering WAS NOT a situation subject to the provision of the BOR on searches and seizures.

Exception to the Rule:
The Privacy of communications under the BOR was invoked by the respondent husband in an action for legal separation filed by the wife.
The court ruled in favor of the husband.

Question 4

Bill of Rights
Preliminaries

Doctrine governing Interpretation of Laws affecting Guaranteed Rights:
1) Void-for-vagueness doctrine
2) Overbreadth doctrine
NB: Both are legal principles to EVALUATE the Validity of statutes or laws.

State the rules.

GR Dnt Apply against PL
EXC if L involves FS

Answer 4

GR:
VFV & OB doctrines are NOT Applicable to Penal Statutes.

By nature, penal laws have a Fear Factor to discourage citizens from committing the prohibited acts.

Exception:
The VFV & OB doctrines apply to penal statutes when
1) The law is challenged AS APPLIED; or
2) The law involves Free Speech - reason being: the law may be FACIALLY CHALLENGED in order to counter its ‘chilling effect’.

Question 5

Bill of Rights
Preliminaries

Void for Vagueness - when is a law vague, hence Void?

If people of ci must 2. Guess… & Differ…

Effects bad 2. Viol DP & LE’s UA

Answer 5

An act is Vague when it LACKS Comprehensible Standards that men of common intelligence must Necessarily 1) GUESS its Common Meaning & 2) DIFFER to its Application.

A VAGUE statute is Contrary to the Constitution in 2 respects:
1) It violates Due process for failure to provide Fair Notice of which Conduct to Avoid.
2) It gives law enforcers unregulated authority in enforcing the vague law and becomes Arbitrary

Question 6

Bill of Rights
Preliminaries

Overbreadth doctrine vs VFV

State the OB doctrine in Estrada v Sandiganbayan.

V - Clar issue
O - Reachng F B its P as to Restrict ProAct

Answer 6

Void for Vagueness Rule focuses on the CLARITY of the law itself and ensures that individuals have adequate notice of prohibited conduct.

Overbreadth Doctrine examines whether a law is Overly EXpansiVE,
REACHING far BEYOND its legitimate purpose and
RESTRICTING protected activities that should remain lawful.

In Estrada case, the OB doctrine provides that a government purpose may Not be Achieved by means which (SUBI) Sweep Unnecessarily BROADLY & Invade the area of protected constitutional Freedoms.

Question 7

Bill of Rights
Preliminaries

How to recognize Bill of Rights?

PubColl 2 4 7 8
Rest are Priv

Answer 7

It is best to appreciate the BOR in the context of (1) collective right or public right and (2) the rights of individuals

Sections 2-4-7-8 of Article III refer to the collective right of the people.
while the other provisions refer to the specific rights which an individual may invoke.

Question 8

Bill of Rights
Preliminaries

Constitutional right to
- Privacy and Autonomy (of people): what is the limitation on the government?

xGovt from Sacred & Private matters

Answer 8

The Constitution PREVENTS Government encroachment/ invasion on matters held sacred and private by individuals.

Autonomy (freedom) assumes that an individual may act without any fear that he is being observed or under surveillance.

Question 9

Bill of Rights
Preliminaries

Explain the Reasonable ‘Expectation of Privacy’ test? or the Katz test

Tge T to use Won R2Privacy was violated = is there a ReaExp of P in tgat Place/Scene

Answer 9

It’s a legal principle to determine whether the individual’s privacy rights HAVE BEEN VIOLATED IN certain situation.

This test checks whether the individual has a reasonable expectation of privacy in a certain place or situation which is PROTECTED from Government Intrusion.
eg. in the Katz case – phone call inside the booth

Question 10

Bill of Rights
Due Process of Law

What is the role of DP as to the government action?

Define DP.
It is a Std the G must F in order for its Acts Dprvng its P of LLP is consttnl valid.
A Law wc Hears.. Proceeds.. & Renders J A T

Answer 10

DP provides a STANDARD which the government action must follow/conform/observe in order that the ‘deprivation of life, liberty, or property’ is Valid!

aka ‘Freedom from Arbitrariness’

Formal definition:
DP is a law which HEARS before it condemns, which proceeds upon inquiry and renders judgment only After Trial.

Question 11

Bill of Rights
Due Process of Law

Concept of the Right to Life

Answer 11

As a core component of human rights - the right to life within the context of due process law generally refers to the fundamental and inherent right of an individual
to be protected against arbitrary deprivation of life by the government or other entities.

Question 12

Bill of Rights
Due Process of Law

Concept of the Right to Property

Answer 12

Property covers anything that comes under the right of ownership and be the subject of contract.
It is more than the things a person owns, it includes the right to secure, use, & dispose of them.

The right to practice medicine is a right to property

Question 13

Bill of Rights
Due Process of Law

Concept of the Right to Liberty

Answer 13

Right to liberty includes the human right to the pursuit of happiness and of health.

Question 14

Bill of Rights
Due Process of Law

Define the 2 kinds
SubDP- reqrs L to be FRJ
PrDP- reqrs N, O2bH, F/i H, fairProc & Std

Answer 14

Substantive due process -
Requires that the LAW ITSELF, not merely the procedure by which the law would be enforced, is Fair, Reasonable & Just.

Courts use substantive due process to review laws or government actions to ensure they do not violate fundamental rights or liberties. The focus is on the content or substance of the law and whether it infringes upon protected rights.

Publication of law is part of the substantive due process.

Procedural due process:
Procedural due process requires Notice, an opportunity to be Heard, a fair and impartial Hearing, access to legal representation, and the right to present evidence and challenge adverse decisions.

Procedural due process, on the other hand, relates to the FAIR PROCEDURES and legal SAFEGUARDS that Must be FOLLOWED by the Government before depriving an individual of life, liberty, or property.

Question 15

Bill of Rights
Due Process of Law

What are the 2 requisites of a procedural due process?

JDP
ADP

Answer 15

1, Judicial Due Process &
2. Administrative Due Process

Question 16

Bill of Rights
Due Process of Law

Doctrinal rulings
1. Due process in judicial proceedings
2. Due process in academic and disciplinary proceedings
3. Instances when no notice and hearing are required
4. Effect when due process is not observed

Answer 16

1. Velasco v Sandiganbayan
   Accused can NOT question the amendment of the information when he was given the opportunity to be heard & duly represented by his counsel.
2. In Administrative proceedings, right to DP is NOT Mandatory
3. a) the active participation in administrative proceedings Negate a claim of Lack of due process
   b) in the order to suspend bank operations - notice is not required where there is a greater public interest to protect
4. a) when there is no opportunity given to oppose the suspension, this order must be declared void
   b) dp requires the opportunity to disprove the allegations

Question 17

Bill of Rights
Due Process of Law

List instances when there is no violation of Due Process

Answer 17

1)
There are instances which require expeditious action & justifies non-compliance of DP - eg. summary abatement of nuisance per se

2)
Objects which are Inherently pernicious, hence must be summarily destroyed
eg. ‘double dead’ meat products & prohibited substances

3)
filthy restaurants may be summarily padlocked in the interest of public health

Question 18

Bill of Rights
Equal Protection of laws

EPL is against what?

Answer 18

Equal protection of the law Clause is AGAINST:

1)
Undue Favour

2)
Individual or Class PRIVILEGE

3)
Hostile discrimination (aka Oppression of inequality)

Question 19

Bill of Rights
Equal Protection of laws

Explain concept.

How about corporation?

Answer 19

EPL primarily pertains to the protection of individuals’ rights from discriminatory actions by the government.
It ensures that all individuals, regardless of race, gender, ethnicity, or other protected classes, are TREATED EQUALLY under the law by state governments.

Legal entities, such as corporations or other business entities, do not possess the same rights as individuals when it comes to personal liberties protected by the Equal Protection Clause

Question 20

Bill of Rights
Equal Protection of laws

What is a valid classification?

Answer 20

A valid classification, in the context of the Equal Protection Clause refers to a GROUPING or differentiation made by the government
that DOES NOT VIOLATE the principle of equal protection under the law.

Under the Equal Protection Clause, classifications are often subject to judicial review to determine their constitutionality.
1) Classification is based on SUBSTANTIAL DISTINCTION
2) It is RELEVANT to the purpose of the law
3) It Applies to PRESENT & FUTURE conditions which are identical to the PRESENT CONDITION
4) It applies EQUALLY to every member Belonging to the Same Class.

Question 21

Bill of Rights
Equal Protection of laws

Question 22

Bill of Rights
Equal Protection of laws

Question 23

Bill of Rights
Equal Protection of laws

Doctrinal rulings on Valid Classification

Answer 23

1) Law applied to Non-Christian tribes to ensure peace & order is constitutional

2) Ordinance imposed at sugar milled at Ormoc Sugar Company is Unconstitutional for Singling out (designating) the company without regard to other entities.

3) No Reasonable Distinction between foreign hires and local hires. Favoring foreign hires with higher salaries contravenes public policy.

4) The GMA administration should not be singles out for graft and corruption - thus violating the equal protection clause.

5) In Serrano v Gallant - all monetary benefits should be Equally Enjoyed by workers of similar category. All monetary obligations should be borne by them in equal degree - None should be denied the equal protection clause.

6) Equal protection does Not Demand Absolute Equality. It merely requires that ALL PERSONS be TREATED ALIKE under Like Conditions.

7) The EP clause is Not Violated when there is a SUBSTANTIAL BASIS for the DIFFERENT TREATMENT of a foreign military & the other accused. The rule in International law is that a foreign military allowed in the territory is immune from local jurisdiction.

8) Inverse equal protection clause - while designed to promote equality may lead to discriminatory outcomes. Eg. University admissions favoring certain ethnicity to rectify past mistakes may lead to adverse outcomes to other ethnicity.

Question 24

Bill of Rights
Equal Protection of laws

What are the 3 levels of Scrutiny?

Answer 24

When courts assess the constitutionality of a law or government action under the lens of equal protection laws, the court applies different levels of scrutiny. This level of scrutiny determines HOW the Court will EXAMINE the government action whether it passes the Equal protection clause.

1) Strict scrutiny - strictest analysis applied to laws affecting fundamental rights. Laws are presumed unconstitutional under this level so the government must show a compelling reason the law in question aims to achieve.

2) Intermediate scrutiny - this type of check is applied to ‘classifications based on gender or legitimacy’.

3) Rational basis test - this test is applicable for economic, property & commercial legislation

Question 25

Bill of Rights
Right against unreasonable Searches & Seizure

Explain the concept of this protection.
Is it an absolute right?

Answer 25

This constitutional protection is closely related with the Right to Privacy.

It is Not absolute because it also provides an ACCEPTABLE CONDUCT on the part of the government authorities in regard to the intrusion of the people’s right to be Secure in their Persons, Houses, papers, & effects.

It assures the peoples’
a) right to privacy; &
b) right to be LEFT ALONE & Do Whatever he wishes WITHIN THE BOUNDS of the Law, Outside of the Prying eye of the Government