1

3 INHERENT POWERS OF THE STATE: 2) Taking must be permanent in character

3) Taking must be for public use
Why is the 3 fundamental powers of the state inherent? 4) Payment of Just compensation to the owner
 It is considered inherent because it co-exist with the state. 5) Necessity of Expropriation compliance with due
The moment the state exists, it already exists. It doesn’t process --(( no need for a law)
necessarily need a law to exist.  Is the Local govt authorized? Yes. In Sec 19 of the
Constitution. (7160)
1) POLICE POWER- It is the inherent power of the state to
 WHAT IS JUST COMPENSATION?
promote general welfare by restraining or regulating the use of
liberty, property and life. --- Actual or basic value; full and fair equivalent of
property; based on taker’s loss not gain; based from
2) EMINENT DOMAIN—it is the inherent power of the state to take reliable or actual data
 FAIR MARKET VALUE --- the amount a seller is willing to sell
private property upon observance of due process of law upon
payment of just compensation for public use. and a buyer is willing to buy at an arm’s length transaction
If one is compelled to buy a property, is it still FMV?
Taking? No. It is not anymore the FMV since the property is not
the actual trade value in the ordinary course. Bargains
 There is taking if one impairs the value of the property for decreases its value.
ordinary use  Who determines FMV? The court. The tribunal determines the
 Can be Constructive or Actual Taking (Airport and chickens value of the property wherein reliable data or sources are used
example) from the market. In case the seller and the buyer do not agree
 Constructive Taking – Deprivation of beneficial use of the to the value, the courts have the authority to fix the price.
property  FOR PUBLIC USE- Not necessary for the whole community
or public benefit
Example: cemetery already for public use
 Requisites for a valid exercise of Eminent domain:(Sec 9 CITY GOVT—has NO power to change the public use
of bill of rights) of a property
1) Taking of Property whether constructive/ actual is a Exception:
private property (even if corporation pwede) 1) Power of the Legislative to change the public use
Is there any standard for it? None. Theres no standard of to another public use
measure for the taking of a private property Local govt -> CANNOT expropriate it

Constitutional Law II Notes from Atty. Pio Martin Borja’s class

Prepared by: Lydie Bonacua- JD1A
College of Law, Ateneo de Naga University
 2

2) Ancestral Domain ( theres a law protecting it) 2) Uniform --- same class, same tax rate (similarly situated)
3) Progressive --- Tax rate increase when tax base increase
 At the time of taking--- the owner entitled to: FMV,
Legal interest if entitled Do LGC have power to tax? \\SEC 128,129, 130 132 of Local govt

REQUISITES for Local Govt to tax:

VALID EXERCISE OF LOCAL GOVT: under SECTION 19 of
1) The tax is for public purpose
RA 7160
2) Rule of uniformity is observed
1. There must be an ordinance authorizing them
3) Only persons and property within territorial jurisdiction can be
2. For public use, public welfare, or benefit for the poor and
taxed
landless (housing pwede) section 16 general welfare 4) Assessment and collection notice and opportunity for hearing
3. Valid and definite offer to the owner ; offer was not
are provided (coca cola case)
accepted/rejected (there should be a time, price and the
property )
4. LG files expropriations proceeding
---- as long as nagfile na, they can take the property Role of judiciary:
provided:
1) Balance the interest of the public and ensure the law granting
Note: At least 15% of the current tax declaration is paid powers and limitations are properly observed (proper
even if before judgment if given adjudication with respect to private rights
2) To ensure the law granting power and limitations is properly
5. Payment of just compensation observed {reason: abuse of powers} where is this power? ->
p2 a Sec 5 of consti article 8 power to review on
3) TAXATION  Inherent power of the State to impose constitutionality of law (lower courts can decide on consti,
charges or financial obligations usually in the form of subj to review of sc)
money imposed of the legislative body on persons or Tariff-> impost
property to raise revenues for public purposes. Assessment amount/ demand of payment for tax
--Reciprocal obligation Toll- fee/ duty imposed on goods and passengers traveling
public roads
Characteristics of Taxation:

1) Equitable – burden of taxation is based on capacity of the Artcile III: BILL OF RIGHTS
person to pay
RIGHT TO LIFE
Constitutional Law II Notes from Atty. Pio Martin Borja’s class
Prepared by: Lydie Bonacua- JD1A
College of Law, Ateneo de Naga University
 3

 Can be a person be denied of life, liberty or - Is the city ordinance prohibiting the ‘extra service’
property? Yes. But there must be compliance of due in saunas, spas etc, valid?
process of law. Answer: No. The business is legitimate as to
 The constitutional proctection of the right to life is complying with regulations. It violates the right
not just a protection of the right to be alive or to the to liberty of the citizens who want to avail of the
security of one’s lim against physical harm, the services. Furthermore, it would be prejudicial to
right to life is also the right to have a good life. the rights of those who conduct their business
 Extent of right to life? Right to life is beyond in a lawful manner. Unconstitutional
existence but extends also to protection of limbs and
faculties and proper enjoyment and improvement of Ordnance prohibiting motels, hostels, etc to
quality of life. - Article 2 section 9,10,11,13 provide short term stay valid?
 Do the unborn have the right to life? Article 2 section
12 Answer?: no. The ordinance is
 Conception? Egg cell and sperm cell meet (Imbong unconstitutional because it deprives the
vs Ochoa) business owners their right to property. In
The life of unborn commences upon conception. addition to this,it deprives those citizens
who want to avail of this stay.
RIGHT TO LIBERTY
 Right to be free from arbitrary restraint Jurisdiction of the courts
 Hindered from performing faculties or enjoy the facilities Should be filed with the proper court unless case will be
of life (eg. nature) dismissed
 License to operate a cockpit ,granted, is it part of
right to liberty? No. It is a privilege not a constitutional Opportunity to be heard
right. - Not necessarily the defendant will take the witness
stand. It will be enough that the person has notice of
Substantive due process the case filed against him.
Law must be: - Summon must be given personally to the defendant
1) Reasonable or arbitrary - Presentation of the evidence
2) Absence of arbitrariness and not unduly oppressive
Summon- a formal notice issued by the judge informing that a
Example of Sir: case has been filed against him/her or it(for juridical persons)

Constitutional Law II Notes from Atty. Pio Martin Borja’s class

Prepared by: Lydie Bonacua- JD1A
College of Law, Ateneo de Naga University
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Summon— 4 ELEMENTS OF AN ADMINISTRATIVE DUE PROCESS:

Issued by Judge 1. The right to actual or constructive notice of institution of
Served by Sheriff proceedings
Throught voluntary appearance  courts can acquire 2. A real/ genuine opportunity to be heard personally or
jurisdiction over a person even without notice. by counsel which includes a right to present evidence or
When notice is NOT served personally—> NULL and VOID present witnesses in one’s favor and defend one’s right
As to Criminal cases, Must be filed in the courts with 3. A tribunal vested with competent jurisdiction and so
jurisdiction constituted as to afford a person charged administratively a
WHERE THE CRIME IS COMMITTED(PLACE OF reasonable degree of honesty and impartiality.
COMMISSION OF CRIME) 4. A finding by said tribunal based on substantial
Eg. Crime committed in magarao, penalty > 6 years: Filed in evidence.
the RTC of Naga, Valid?
Answer: yes. RTC of Naga acquires jurisdiction over Plaintiff v. Defendant- CIVIL CASES
the person/ property. Complainant v. Accused CRIMINAL CASE
Criminal case “Accused” Complainant v. Respondent ADMINISTRATIVE CASES
Civil case “defendant”
General Rule: Summon to be served personally
How can the court acquire jurisdiction over the person? Exception: Labor Cases
Answer: Civil cases- notice is sufficient Employer can choose to:
Criminal case- arrest or voluntary 1) Send the notice to the last known address
surrender of the accused 2) Get witnesses in case theres refusal to accept
Eg. Criminal case –proceeedings cannot go on arrest should notice
be made first otherwise no jurisdiction 3) Thru registered mail  office after 5 days deemed
served
2. Opportunity to be heard
 courts render judgment only upon lawful NO need for hearing:
hearing 1) Position papers
ADMIN CASES – Substantial evidence  amount 2) Affidavits

SUBSTANTIAL EVIDENCE amount of evidence required in >>>> real opportunity to be heard >>== enough
admin case (Ang Tibay v. CIR)

Constitutional Law II Notes from Atty. Pio Martin Borja’s class

Prepared by: Lydie Bonacua- JD1A
College of Law, Ateneo de Naga University
 5

“Substantial evidence”  Amount of evidence which Equal protection means constitutional guarantee
a reasonable man can arrive at a certain logical requiring that all persons/ things that are similarly
conclusion. situated shall be treated alike both as to rights and
responsibilities conferred.
Notes:  Applies to natural and juridical/artificial
 Do they have the same rights? No. Artificial only
1) NOTICE and HEARING ADMIN CASES
(substantial compliance even without formal to the extent to their property, eq right to liberty
notice) and life as to natural.
 Beyond existence—right to life
SUBSTANTIVE DUE PROCESS  Beyond free—right to liberty
1) Publication part of due process  it is a  Whether the obligation extend EPQ extend to
notice of the law for which you are obliged private entities? No.
to obey (articles 2 and 3)  A check against the 3 depts of the state, di ksama
2) In case of students, entitled to a complete ang private entities. (yrasuegui v. PAL)
course  Does EPQ prohibit classification? NO.
School is duty bound unless: 4 REQTS TO MAKE A CLASSIFICATION VALID:
 Academic deficiency
 Violates the rules of discipline of the school 1) Based upon substantial distinction.
 Non-payment of tuition NOT VALID GROUND  Reasonable standard/ criteria (appointed officials
FOR THE SCHOOL ONLY THE DEMAND OF / elected officials) (nunez v. sandiganbayan)
PAYMENT CAN BE DONE BY THE SCHOOL. valid distinction
2) Must be germane to the purposes of the law.
Students grounds: e.g VAWC and imposing higher taxes in
1) Academic deficiency imported cars.
2) Violation of rules of discipline Germane—should have a connection and
relevance to the law.
 Preliminary investigation only to felonies with 6 years and 3) Not limited to existing conditions only
above penalty not applicable to light felonies o Continue until the law exists;
applies to future conditions
EQUAL PROTECTION CLAUSE o Truth commission benigno case – INVALID violates it
focusing only in a given time
Constitutional Law II Notes from Atty. Pio Martin Borja’s class
Prepared by: Lydie Bonacua- JD1A
College of Law, Ateneo de Naga University
 6

4) Must apply equally to all members of the  A search warrant shall be applicable to furtherance of
class public interest by prosecuting a person criminally and
Discretion of the legislative dept whether cannot be applied to civil processes.
component city. Independent  Establish probable cause
 Not allowed private interests, only public. “people of the
phiilippines”
SEARCH AND SEIZURES
Rule 126 sec 2.
Article 3 section 2- Properties subject to search warrant:
 Equal in Basic rights- equal 1. Property subject of the offense
 Seizures-> exercise of the govt’s police power 2. Property stolen or embezzled and other proceeds/
 Right against UNREASONABLE searches and seizures  fruits of the offense
covers all persons, houses, papers and effects. 3. Property used/ intended to be used a means of
 Protection of houses NOT limited to dwelling commtting an offense.
 Not necessary ownership, but right
 OPEN FIELDS Does not apply. Are not covered by this
article
What is included in papers and effects?
 Doucments, papers and files

Search warrant-> refers to an order in writing in the name of Requisites of a valid search warrant:
the People of the Philippines, signed by the judge directed to a 1. The warrant is based upon probable cause
peace officer commanding him to search for a property and 2. The probable cause is determined personally by the judge.
bring it before the court.
3. The dertermination must be done after examination under oath
Can a search warrant be issued even if theres no case or affirmation of the complainant and the witnesses he may
yet? produce.
4. The warrant must particularly describe the place to be searched
 Yes. The issuance of a search warrant is a legal way or things to be seized.
to obtain evidence to prosecute and establish
probable cause. Probable cause refers to facts and circumstances which
would lead a reasonably discreet and prudent man to believe
Constitutional Law II Notes from Atty. Pio Martin Borja’s class
Prepared by: Lydie Bonacua- JD1A
College of Law, Ateneo de Naga University
 7

that an offense has been committed and the objects sought in issuing judge to satisfy himself of the existence of
connection with the offense are in the place sought to be the probable cause. ( Soliven v. Makasiar)
searched.
PROCEDURE:

Once the information is filed with the court:

Search warrant (sec1, rule 126)
1. An order in writing 1) Issue a warrant of arrest, if he finds probable cause
2. Issued in the name of the people of the phillippines 2) Immediately dismiss the case, if the evidence on record clearly
3. Signed by a judge, directed to a peace officer failed to establish probable cause.
4. Commanding him to search for personal property described 3) Order the prosecutor to submit additional evidence, in case, he
therein; doubts the existence of probable cause.
5. And bring it before the court.
NOTE: The judge should not rely on th recommendations of the
prosecutor alone but must independently arrive at his own
Purpose: to obtain evidence conclusions based NOT ONLY on the bare report of the
NOTE: ONLY APPLICABLE TO FURTHERANCE OF CRIMINAL prosecutor but also on the other relevant documents.
ACTION OR PROSECUTION.
Prelimniary inquiry Preliminary Investigation
 The warrant must refer to only ONE specific
offense (rule 126, sec 2) Determines probable cause Ascertains whether the
 “scatter-shot warrant” (people v. ca) for the issuance of a warrant offender should be held for
of arrest trial or be released.
 On the second requisite, the word “JUDGE” is
interpreted in the generic sense and includes
JUDGES IN ALL LEVELS.
 The Issuance of a warrant of arrest was not a
ministerial function of the judge who had the Investigating
right to determine for himself the existence of Made by the judge Prosecutor
probable cause.
 “PERSONAL”  what the constitution underscores
is the exclusive and personal responsibility of the  PARTICULARITY
of DESCRIPTION:
Constitutional Law II Notes from Atty. Pio Martin Borja’s class
Prepared by: Lydie Bonacua- JD1A
College of Law, Ateneo de Naga University
 8

--- The Constitution requires that the place to be 3) Property used or intended to used as the means
searched of the persons ot things to be seized be of committing an offense.
described with such particularity as to enable the
person serving the warrant to indentify them.  If the search is incident of a lawful arrest, seizure
may be made of the dangerous weapons or anything
 A search warrant NEED NOT indentify with that may have been used or may have been used or
particularity the person against whom it it directed, it may constitute proof in the commission of an
suffices the place to be searched and things to be offense.
seized are described.  Where the search and seizure is made only for
 “descriptio personae” that will enable the officer the purpose of obtaining evidenceto be used
to identify the accused. against the accused, the warrant is unlawful as it
 A search warrant issued must particularly describe would violate the constitutional right against self-
the place to be searched and persons of things to be incimination.
seized in order for it to be valid, otherwise, it is  Articles illegally seized are not admissible as
considered as a general warrant which is prescribed evidence because such evidence is “the fruit of
by both jurisprudence and the 1987 constitution. the poisonous tree.”
 GENERAL WARRANT
 A “search or arrest warrant” is not particular as to
the person to be arrested or the property to be WARRANTLESS SEACRCHES AND SEIZURES:
seized.
 It is one that allows the seizure of one thing under 1) Consented searches
a warrant describing another and gives the officer 2) As incident to a lawful arrest
executing the warrant the discretion over which the 3) Searches of vessels and aircraft for violation of immigration,
items to take. customs, and drug laws
4) Searches of moving vehicles
 PROPERTIES SUBJECT TO SEARCH AND 5) Searches of automobiles at borders or constructive borders
SEIZURE: 6) Where the prohibited articles are in “PLAIN VIEW”
1) Property subject of the offense 7) Searches of buildings and premises to enforce fire, sanitary,
2) Property stolen or embezzled and other and building regulations
proceeds or fruits of the offense. 8) “STOP AND FRISK” operations or TERRY SEARCH
9) Searches in consonance of Tariffs and Customs Law

Constitutional Law II Notes from Atty. Pio Martin Borja’s class

Prepared by: Lydie Bonacua- JD1A
College of Law, Ateneo de Naga University
 9

10) Searches conducted under exigent and emergency 2. The person making the arrest has personal knowledge of the
circumsances such as war or public disorder. facts indicating that the person to be arrested has committed it.
 Warrantless searches and seizures at military
checkpoints ------ justified on the basis of the right of BASIC RULES ON SEARCHES AND SEIZURES:
the state to protect itself. 1. There must be first a lawful arrest before a search can be
 Searches based on tipped information in buy-bust made.
operations or cases involving drugs in transit.
“PLAIN VIEW DOCTRINE”
Warrantless arrests:
a) The law enforcement officer in search of the evidence has a
1. When such person has in fact just committed, is actually prior justification for an intrusion or is in a position from which
committing, or is attempting to commit an offense in the he can view a particular area.
presence of a peace officer or even a private person. b) The discovery of the evidence in the plain view is inadvertent.
c) It is immediately apparent to the officer that the item he
2. When an offense has in fact just been committed and has observes may be evidence of a crime, contraband or otherwise
personal knowledge of the facts indicating that the person to be subject to seizure.
arrested has committed it.
Article III, Sec 3.
3. When the person to be arrested is a prisoner who has escaped (1) The privacy of communication and correspondence shall be
from a penal establishment or place where he is serving final inviolable except upon lawful order of the court, or when public
judgment or temporarily confined while his case id pending or safety or order requires otherwise as prescribed by law.
has escaped while being transferred from one confinement to
another. (2) Any evidence obtained in violation of this or the preceding
section shall be inadmissible for any purpose in any proceeding.

 Is the search is an incident of a lawful arrest, seizure may be Right to privacy—“a check or tool against the arbitrary power of the
made of dangerous weapons or anything that may have been state.”
used or may constitute proof in the commission of an offense.
“Right to be left alone” – The right of a person to be free from undesired
publicity or disclosure of his communication and relationship and
 “HOT PURSUIT” ---- a type of warrantless arrest necessitate
correspondence and as the right to live without unwarranted
2 stringent requirements:
1. An offense has just been committed
Constitutional Law II Notes from Atty. Pio Martin Borja’s class
Prepared by: Lydie Bonacua- JD1A
College of Law, Ateneo de Naga University
 10

interference by the public in matters with which the public is not SALN statement of assets, liablilities and net worth
necessarily concerned.
 Amount of income and source
Question:Is an ordinance allowing “see-through fence valid?”  VALID. It is an exercise of Police Power
Lifestyle check.
Answer: No. It is violative of the right of the person to one’s own Ermita case: (hotel guests info) valid?\
property. He is entitled to protect his or her own property. Allowing this Answer: YES. Valid exercise of Police power.
will go beyond other people’s rights thus, invalid. Response to safety of the public.
To be violative:
AR v. Capulong
1. there is a direct intrusion  Not an absolute right
If public officer or figure and information is public in
2. Intrusion is unlawful character
3. the offended party has a reasonable expectation of privacy “Unwarranted publicity”

Requisites:
EXCEPTIONS: 1. Person subject of the publication is a public figure
1. Persmissible intervention Public Figure—if the public is interested in his legitimate
activities. Eg. Vice Ganda, CJ Sereno, Manny Pacquiao
2. Lawful order of the court
2. Information sought to be solicited from him is public in character.
Either by: 1. Search warrant
3. Publication must be truthful and historical in the presentation of
2. Subpoena (eg. Labor cases) du ces teccum
events.
3. Rule 27 (Motion for production of documents
4. There must be no presentation of the private life of the person. -
 Goes beyond letters, oral, etc. sets the limit from the public life and private life.

“otherwise prescribed by law”  restrictions are present Writ of Habeas Data the judicial remedy of the person.
Constitutes immediate return of the info or removal.
Example: RA3019 Anti-Graft and Corrupt practices act

Constitutional Law II Notes from Atty. Pio Martin Borja’s class

Prepared by: Lydie Bonacua- JD1A
College of Law, Ateneo de Naga University
 11

Govt/ private person—rightfully stopped by the complainant Answer: No. They should respect other views and expressions.

Requires proof by substantial evidence actual/threatened What does thr right of expression guarantee?

If proven, court grants petition. 1. Freedom from prior restraint

----END OF MIDTERMS--- 2. Freedom from subsequent punishment

Sec. 4, Article III. GENERAL RULE: Government cannot restrict whether content-based
or conent-neutral.
No law shall be passed abridging the freedom of speech, of
expression, or the press, or the right of the people peacably to - A governemental action that restricts freedom of speech or of the
assemble and petition the government against redress of press based on content is given the strictest scrutiny in light of its
grievances. inherent and invasive impact.

Freedom of Expression – the right to freely utter and publish whatever EXCEPTION: IF THE EVIL CONSEQUENCE SOUGHT TO BE
one pleases without violating the law or injuring one’s character, PREVENTED IS:
reputation and business.
1. SUBSTANTIAL
What does speech and press include?
2. EXTREMELY SERIOUS
1. Oral
3. THE DEGREE OF IMMINENCE IS EXTREMELY HIGH
2. Taped/ Disc
Question: Is the right of expression absolute?
3. Symbolic speech (eg. Flag)
Answer: No. Subject to limitations.
4. Written
- Including the dead, through their heirs (can file)
5. Movies

“LAW”- taken in the generic/ general sense. Any law that may restrict.
Eg. Ordinance, memorandums, etc.

Question: COMELEC disallows LGBT community to express their GENERAL EXCEPTIONS:

views, valid or not?
Constitutional Law II Notes from Atty. Pio Martin Borja’s class
Prepared by: Lydie Bonacua- JD1A
College of Law, Ateneo de Naga University
 12

1. Slanderous and libelous words CPD rule --- Content-based

2. Seditious remarks –made in public and tumultuous in character Content-neutral-> Only regulates the time, place, manner of the
speech.
3. Lewd and obscene remarks  speeches/ acts which deals with sex
or with interest in prurient things. Unwholesome. Content-based Restricts the speech itself

Lewd if: Eg. Free and Honest elections  restrictions. Must be given to the
candidates.
1. deals with unchaste desires
Example: Pinoy Playboy confiscated by the police, valid?
2. Sex in a manner appealing to prurient interests
Answer: No. The determination of the imminent danger is
 Disturbance of peace- restricted by the government. vested with the courts/.
Validly restricted, can be held civilly and criminally liable.  Court is NOT convinced to warrant the confiscation
WHEN CAN THE GOVT ABRIDGE THE FREEDOM OF SPEECH? of the police.

1. CLEAR AND PRESENT DANGER RULE.Substantial danger that Remember: According to the Supreme Court:
the speech would likely lead to an evil that the state has the right to 1. There should be a lawful order of the court to warrant
prevent. confiscation.
2. DANGEROUS TENDENCY. When the natural tendency and 2. Pornographic materials CANNOT be confiscated if there is a
probable effect of the utterance would bring about the substantial evil REDEEMING VALUE.
that the legislative body would seek to prevent.
3. Its NOT SUBJECT TO SEIZURE, if its LITERARY.
3. BALANCING OF INTEREST TEST. When particular conduct is
regulated in the interest of public order, and the regulation results in an If totally pornographic? Yes, Subject to seizure.
indirect, conditional partial abridgement of expression, the duty of the
courts is to determine which of the conflicting interests demand Cybercrime Law:
the greater protection under the particular circumstances 1. Posted publicly
presented. (interests of: 1. Public. 2. Privacy of the person)
2. libelous
Supreme court: Dangerous tendency rule Content-neutral
Constitutional Law II Notes from Atty. Pio Martin Borja’s class
Prepared by: Lydie Bonacua- JD1A
College of Law, Ateneo de Naga University
 13

Only the author is LIABLE. IF private fund, no violation. The fund must be a public money/property.

- Social media? Comment? NO. Example: govt officials leading procession, valid?
- Shares post? NO.
- If one prints it and then shares it? YES. Yes. Legal and socio-cultural activity not only religious exercise.

Supreme court: It is not applicable in the internet. Otherwise, If there is an, an employer-employee relationship, then there is a valid
violating the constitutional right. ground. NLRC has jurisdiction not ecclesiactical.

- If you comment on your post? Not liable. If purely ecclesiastical, None. The state should not interfere. Violation
based on Canon Law.
Sec. 5, Article III.

No law shall be made respecting an establishment of religion or

prohibiting the free execerise thereof. The free exercise and The state has no concern in:
enjoyment of religious profession and worship, without 1. Rituals
discrimination or preference shall forever be allowed. No
religious test shall be required for the exercise of civil or 2. Manner in conducting rituals
political rights.
1. Freedom to believe –absolute. No restrictions
Freedom of Religion
even if erroneous, the State has no power to inquire.
2 clauses under the freedom of religion:
- INCLUDES THE RIGHT NOT TO BELIEVE
1. Non-establishment of religion – prohibition of establishment or
giving support. 2. Freedom to act one’s belief – must conform with the laws of the
State.
2. Free exercise clause –
Ebraling v. The division of the superintendent schools of cebu.
BASIS OF THE FREEDOM OF RELIGION:
Article III, Sec 5  Supreme court uphelds: Religion prohibits the salute to
Article II, Sec. 6 the flag.
Article VI, Sec. 29 (2) - The court allows the prohibition because it was on
--- even if ALL RELIGIONS, NO. Still violative, because there are still account of marriage.
Non-believers.
Constitutional Law II Notes from Atty. Pio Martin Borja’s class
Prepared by: Lydie Bonacua- JD1A
College of Law, Ateneo de Naga University
 14

Article 6 sec 28. Sec. 6 Article III

Actually, Directly and Exclusively used in Example: Hospitals cannot hold the patients with outstanding accounts
or unpaid bills. RA 9439. Sec 2.
RELIGIOUS, CHARITABLE AND EDUCATIONAL
 Reason: It shall be unlawful for hospitals to detain
Permit/ license fee – Absolutely prohibited that is prior to the exercise directly or imdirectly.
of religion.  Remedies for hospitals:
Taxes- restraint to exercise religious freedom 1. Require patients to make a promissory note
2. File an action in court
Religious test- if a citizen is disqualified or this test is an added
requirement for the exercise of a civil or political right. Rights:

Example: “Call of the state” an exception? NO. citizens are obliged to 1. Liberty of abode – right to choose one’s residence and leave it
render some service. whenever one wishes or even change his residence.

Estrada v. Esquitor—SC has no decision, only discussed compelling 1. Right to choose one’s residence
2. Right to change one’s residence
state interest. Sol Gen is must show that there is an existing CSI. 3. Right to leave one’s residence whenever he pleases
Road Traffic law
NOTE: There should be a Compelling State Interest in order that
the court can interfere with Freedom of Religion. Watershed the govt restricts this as residence
Liberty of abode  Police power regulates this right.
Sec. 6, Article III “Lawful order of the court” – loses jurisdiction if one leaves the country
or exercises the right to travel.
The liberty of abode and of changing the same within the limits
prescribe by law shall be recognized except upon lawful order of - Defeats the purpose of the case.
the court. Neither shall the right to travel be impaired except in the
interest of national security, public safety or public health, subject Parole – complied with minimum years
to such limitations as may be provided by law.
Probation- 6 years and below
Basis: Sec. 18 p. 2 Article III

Constitutional Law II Notes from Atty. Pio Martin Borja’s class

Prepared by: Lydie Bonacua- JD1A
College of Law, Ateneo de Naga University