Description
Sec. 3 The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires as prescribed by law. Sec. 3. Privacy of Communications May be restricted: Upon lawful order of the court When prescribed by law as public order and safety requires RA 4200 – punishes interception and recording of conversation without the consent of both parties. [Anti-Wire Tapping Law] It is similar to Sec. 3 in the sense that they are both exclusionary rules, but it goes further because it punishes. It is narrower in the that it covers only oral communication. Alejano – Can letters of detainees or convicts be opened and read? Is Sec. 3 available to them? Exception? Ople: Does the Constitution protect the right to privacy? When may it be curtailed?/Sabio Salcedo-Ortanez – taped recorded conversation Zulueta – pictures [Marti rule?] Bar Questions: 1998, No. 7: The police had suspicions that Juan Samson, member of the subversive New Proletarian Army, was using the mail for propaganda purposes in gaining new adherents to its cause, The Chief of Police of Bantolan, Lanao del sur ordered the Postmaster of the town to intercept and open all mail addressed to and coming from Juan Samson in the interest of national security. Was the order of the Chief of Police valid? a. no, because jail authorities cannot restrict the privacy of communication unless there is a court order b. no, because while a rule the letters of detainees may be openned, a letter to one’s spouse is covered by marital privilege c. yes, because detainees and prisoners have a limited claim to privacy and all their letters may be read without a court order d. yes, the letter may be opened and read by the warden because it was not addressed to nor was it from his lawyer No. 12, 2001: A has a telephone line with an extension. One day, A was talking to B over the telephone. A conspired with his friend C, who was at the end of the extension line listening to A’s telephone conversation with B, to overhear and tape-record the conversation wherein B confidentially admitted that with evident premeditation, he killed D for having cheated him in their business partnership. B was not aware that the telephone conversation was being tape-recorded. In the criminal case against B for murder, is the tape recorded conversation containing his admission admissible in evidence? [Assume that C only listened through the extension line and he was later called to testify on what he heard. Would his testimony be admissible?] A filed an annulment case against her husband based on psychological incapacity of the latter. While the case was pending, she broke open the drawers and cabinets in her husband’s office and took away the pictures, letters and cards sent to her husband by his paramour. Her husband objected to the admission into evidence of the documents on the ground of illegal search and seizure. Are they admissible? yes, because one cannot invoke the Bill of Rights against a private person, in this case one’s spouse yes, because by entering into a contract of marriage, one waives his right to privacy with respect to his spouse no, because there was no court order or a law authorizing the seizure of the documents no, because the seizure violated the Anti-Wire Tapping Act 2009, VI In a criminal prosecution for murder, the prosecution presented, as witness, an employee of the Manila Hotel who produced in court a videotape recording showing the heated exchange between the accused and the victim that took place at the lobby of the hotel barely 30 minutes before the killing. The accused objects to the admission of the videotape recording on the ground that it was taken without his knowledge or consent, in violation of his right to privacy and the Anti-Wire Tapping law. Resolve the objection with reasons. (3%) [Is the evidence admissible?] RA No. 9372 a. yes, because the order was premised on national security b. yes, because a Chief of Police is authorized by law to open the correspondence of any person c. yes, because as a police officer, the presumption of regularity in the performance of official function applies d. no, because the order violates the privacy of communication and correspondence No. 8, 1989: While serving sentence in Muntinglupa for the crime of theft, X stabbed dead one of his guards. X was charged with murder. During his trial, the prosecution introduced as evidence a letter written in prison by X to his wife tending to establish that the crime of murder was the result of premeditation. The letter was written voluntarily. In the course of inspection, it was opened and read by a warden pursuant to the rules of discipline of the Bureau of Prisons and considering its contents, the letter was turned over to the prosecutor. The lawyer of X objected to the presentation of the letter and moved for its return on the ground that it violates the right of X against unlawful search and seizure. Decide. 1 (GONZALES VS. 4200 (Anti-wire Tapping Law) to the contrary notwithstanding. Habeas Data. No. such as on a private vehicle and limit theor location only to the authorized posting areas that the COMELEC itself fixes. association. even fi not reduced to formal orders or directives. When the restriction is content neutral Content-Neutral v. intercept and record. with the use of any mode. Republic Act No. suffers from presumption of unconstitutionality and should be subject to the clear and present danger rule Which restriction is content-based: a. expression and of the press is the liberty to discuss publicly and truthfully any matter of public interest without censorship or punishment. prohibition on mass media from selling or giving free of charge print space or air time for campaign purposes d. then such words are punishable. citations for contempt or suits for damages. [No presumption of unconstitutionality. family. forms of prior restraint? The exercise of prior restraint bears a presumption of unconstitutionality.SEC. of expression. Dangerous Tendency If the words spoken create a dangerous tendency which the state has a right to prevent. 2. home and correspondence of the aggrieved party. XI ©. form. or group of persons or of any person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism. COMELEC) 3. SECTION 1. and a deferential standard of review is required. kind or type of electronic or other surveillance equipment or intercepting and tracking devices. Clear and Present Danger Whether the words are used in such circumstances and are such nature as to create a clear and present danger that they will bring about the substantive evil that the legislature has a right to prevent. Gonzales. Chavez v. Content-Based Content-Neutral – One that is imposed not on the content of the speech but on the time mode or manner of place of the exercise of the right.—The writ of habeas data is a remedy available to any person whose right to privacy in life. 555 SCRA 441 (2008): Do press statements of high officials threatening the press with prosecution. Balancing of Interest 1. or spoken or written words between members of a judicially declared and outlawed terrorist organization. except: In times of war 2 . 9: May the COMELEC prohibit the posting of decals and stickers on mobile places. Freedom of speech. or with the use of any other suitable ways and means for that purpose. any communication. No law shall be passed abridging freedom of speech. conversation. prohibition on newspaper columnists from discussing plebiscite issues in their columns The prohibition on mass media from selling or giving free of charge print space or air time for campaign purposes is: (a) content-neutral (b) needs to be subjected to the clear and present danger test © is presumed unconstitutional (d) can be justified if there is a compelling state interest Challenges to restriction on free speech : Overbreath – a law is overbroad which sweeps unnecessarily broadly and invade an area of protected freedom Vagueness – a law which lacks comprehensive standard so that people would differ as to its meaning Example of an overbroad restriction: 2003. Prior Restraint Prior restraint is government restriction on forms of expression in advance of actual publication or dissemination. listen to. discussion. 4. Surveillance of Suspects and Interception and 7. prohibition on the writing of graffiti on walls b. prohibition to conduct rallies within 200 meters of any court house c. Recording of Communications. (intermediate review)] Content-based. message. Also ABS-CBN – prohibiting exit polls Example of vague law: Ople Case Tests on Restrictions: 1. 7. Art.imposed on content. 4. or of a private individual or entity engaged in the gathering. liberty or security is violated or threatened by an unlawful act or omission of a public official or employee. 2. Subsequent Punishment Subsequent punishment is the restraint on freedom of speech. a police or law enforcement official and the members of his team may. Outline Forms of restriction Tests on Restriction Petition and Assembly Restraints on Expression: When the COMELEC exercises its power under Sec. expression and of the press that comes after the exercise of said rights in the form of criminal prosecutions. collecting or storing of data or information regarding the person. Sec. – The provisions of Communications. or of the press or the right of the people peaceably to assemble and petition the government for redress of grievances. upon a written order of the Court of Appeals. public or private. as venue for the rally. on Sept. 1. No. Can the GOCCs and sequestered corporations validly comply? CONSTITUTIONAL LAW II Petition and Assembly Freedom of assembly is the right of the people to meet peaceably for consultation and discussion of matters of public concern. because the constitutional right is not subject to any limitation by local authorities Bar Questions: 2002. Is the act of the Mayor proper? yes. Is thee actual malice in Star’s report. Does the availability of the Freedom Park justify the denial of SM’s application for a permit? 3 . Who has the burden of proving that there is no permit? 5. Resolve. in consideration for his vote cutting cigarette by 50%. Test: Clear and Present Danger to Public Safety. radio or TV station. They were dismissed by the DECS Secretary. Atienza. affair or character. carried an exclusive report stating that Senator XX received a house and lot located at YY St. He suggested the Liwasang Bonifacio. No. the Star said it would publish the correction promptly. without any explanation. claiming privilege communication and absolute freedom of the press to report on public officials and matters of public concern. 5. fame. etc. or by adopting a profession or calling which gives the public interest in his doings. which it has produced and marketed successfully for the past 70 years. by his accomplishment. They argue that their strike was an exercise of their Constitutional right to peaceful assembly and to petition the government for redress of grievances.Lagunsad -Contempt/SC Libel: Vasquez Rule If the libelous statement relates to official functions. and the tax cut was only 20%. 2006 fro 10:00 to 3:00pm to protest the political killings of journalist. The SM filed with the Office of the City Mayor of Manila an application for permit to hold a rally on Mendiola St. Is BP 880 constitutional? 2. They call on all government nominees in sequestered corporations to block any advertising funds allocated for any such newspaper. BorjalThe reverse presumption applies not only to public officials but to a “public figure”: any person who. which has been designated a Freedom Park. It is the public official who must prove that the statement is false. activist groups promoting women’s and children’s rights were up in arms against the advertisement. granted the application for them to hold a rally at Rizal Park. The defendants denied actual malice. truth is a defense. . the Amazing Amazonas. How is actual malice defined? Are the defendants liable for damages? If a newspaperman accuses a Sangguniang Bayan member of being corrupt. the City Mayor denied their application on the ground that a rally at the time and place applied for will block traffic in the San Miguel and Quiapo districts. 2010 The IBP applied for a permit to hold a rally at Magsaysay Park at 2-5:00 PM of April10. 12] 2006. call on all the government-owned and controlled corporations (GOCC) to boycott any newspaper. Courts will weigh or balance the conflicting social interests that will be affected by legislation and uphold what should be considered as the most important interest. or There was reckless disregard whether it is true or not. Question 5. a national daily newspaper. in Makati. If there was any error. and It was made with knowledge of its falsity. Is CPR constitutional? 3. No. Does the SM have a remedy to contest the denial of its application for a permit? 2. radio or TV station that carries the “kinse anyos” advertisements. Bayan v. to ask for teachers’ benefits. According to the Senator. The Destilleria Felipe Segundo is famous for its 15-year old rum. and the latter sues the newsman for libel: (a) the accused has the burden of proving his accusation to be true to get acquitted (b) the government official has the burden of proving that it is false © the accused has the burden of proving that it was made without malice (d) the right to free expression cannot be invoked by the accused 2007. (b) One of the militant groups. because as chief executive he has discretion whether or not to grant the application yes. What if there is no freedom park? 4. However. 10: 10 public school teachers of Caloocan left their classrooms to join a strike. The Mayor. there is no YY St. [Also 2000. No. The Senator sued the Star for libel claiming the report was completely false and malicious.. 2004: The STAR. because he can only modify terms of the of the application on the ground of clear and present danger which must be indicated in his approval no. II. mode of living. Ermita: 1. Makati. V. When may freedom Of assembly be restricted or denied? IBP v. Its latest commercial advertisement uses the line: “Nakatikim ka na ba ng kinse anyos?” Very soon. Order. Morals. which lasted for one month. because the right to assembly is not an absolute constitutional right but is subject to restriction no. Salakay. sandwiched between the caravan vehicles. Batas Pambansa 880. Non. their protest action being neither a demonstration nor a rally since all they did was wear black T-shirts. or prohibiting the free exercise thereof. 3. The student leaders approached you for legal advice. It must not foster excessive government entanglement with religion. Manosca owns a small lot which turned out to be the birth place of the founder of the Iglesia Ni Cristo and this was sought to be expropriated by the National Historical Society. The statute must have a secular legislative purpose. the Manila Police stopped them for posing a danger to public safety. or prefers one over another. They were able to March in Quezon City and up to the boundary separating it from the City of Manila. This was opposed by Madlangbayan on the following grounds …. the Public Assembly Law of 1985. 2. They received a permit from the Mayor of Quezon City. No. They were driving at 50 kilometers per hour in a 40-90 kilometers per hour zone. Some banners had been blown off by the wind. shall forever be allowed. What would you advise the students? Which one is an example of a Heckler’s Veto? Veto by the mayor of an ordinance penalizing the writing of graffiti on the wall Veto by the mayor of an ordinance designating a “freedom park” where rallies without permit may be held 4 1. The owner challenges the expropriation on the ground that it favors one religion. a public university. KURTZMAN ) 2008. The effort was only moderately successful. VII. The National Historical Commission passed a resolution declaring it a national landmark and on its recommendation the lot was subjected to expropriation proceedings. May the security police validly stop the vehicles and the marchers? Refusal by the mayor to issue a rally permit on the ground that the applicant advocates views contrary to that of the government Refusal by the mayor to issue a permit on the ground that views to be expressed in the rally might outrage other people and violence will result Sec. and posed a hazard to other motorists. regulates the conduct of all protest rallies in the Philippines. They were stopped by the security police. Free-exercise clause Tests for Allowable Aid to Religion: 1. Assuming that despite the denial of the application for a permit. adopted a university-wide circular prohibiting mass demonstrations and rallies within the campus. including disruptive demonstrations in many universities throughout the country. Is the requirement to apply for a permit to hold a rally a prior restraint on freedom of speech and assembly? 4. Offended by the circular. Three meters after crossing the boundary. 15. ( LEMON VS. No religious test shall be required for the exercise of civil or political rights. 2.Establishment Clause The non-establishment clause prohibits legislation which aid one religion. militant students spread word that on the following Friday. university officials were outraged and compelled the student leaders to explain why they should not be expelled for violating the circular against demonstrations. without discrimination or preference. The principal or primary effect is neither one that advances or inhibits religion. 3. Are the arrests without judicial warrants lawful? 2007. 8 Madlangbayan is the woner of a 500 square meter lot which was the birthplace of a religious sect who admittedly played an important role in Philippine history and culture. Bayan! held a protest rally and planned to march from Quezon City to Luneta in Manila. Nationwide protests have erupted over rising gas prices.(b) that those to be benefited by the expropriation would only . all students were to wear black T-shirts as a symbol of their protest both against high gas prices and the university ban on demonstrations. The protesters then proceeded to march instead. aid all religions. with paper banners taped on their sides and protesting graft and corruption in government. Nonetheless. The issue that was raised in Manosca pertains to: (a) the free exercise of religion [“free exercise clause”] (b) the establishment of religion [“nonestablishment clause] © requirement of religious test [“religious test clause” (d) intramural religious dispute A DECS circular requiring elementary students to sing the national anthem and salute the flag regardless of religion raises an issue about: (a) the free exercise clause (b) the non-establishment clause © the religious test clause (d) intramural religious dispute Section 5: Freedom of Religion 1.its membes held a rally prompting the police to arrest them. Was this a valid exercise of police power? (b) The security police of the Southern Luzon Expressway spotted a caravan of 20 vehicles. No. They contended that they should not be expelled since they did not violate the circular. 5 No law shall be made respecting an establishment of religion. The Metro Manila State University. but not from the Mayor of Manila. Manosca – 2000. The free exercise and enjoyment of religious profession and worship. They were also stopped by the security force. Ang mga Kaanib 3. 1992: Recognizing the value of education in making the Philippine labor market attractive to foreign investment. [dito] kay Michael ang gumagana ang itaas. RELIGIOUS DISPUTES 1. 2009 Angelina. would it make a difference if the subsidy were given solely in the form of laboratory equipment in chemistry and physics? 3. Yahweh's 5 . No. Ebralinag. and the freedom to act. Elizalde 4. but maintains that this conjugal understanding is in conformity with their religious beliefs. No. Decide. In re: Iglesia 3. Sobra ang kasinungalingan ng mga demonyong ito. which is absolute. What test should be applied? “Compelling interest test” ‘paramount and compelling” 3. sinungaling. because the principal effect of the subsidy promotes religion no. he filed an administrative complaint against the principal before the DECS. Among members of same group (Austria. Escritur: 1. or the adoption and enforcement of regulation within the religious organization for the government of the membership and the power of excluding from such associations those deemed unworthy of membership” 2. on the other hand. Will your answer be different? 2010. ito. because it can create entanglement between state and religion the program which attacked other religions. Test: Clear and Present Danger 1998. As the MTRCB found offensive several episodes of XVI. Presume. 1997. because the subsidy does not violate any law no. 19: To instill religious awareness in the students of Doña Trinidad High School. whether religious or non-sectarian.Teacher’s Association of the school contributed funds for the construction of a grotto and a chapel where ecumenical religious services and seminars are being held after school hours. The group brought the case to court on the ground that the action of the MTRCB suppresses its freedom of speech and interferes with its right to free exercise of religion. the Parent. She had been living with a married man. Resolve the opposition. 2003. because freedom to believe is subject to the police power of the state proper. The program presents and propagates its religious doctrines and compares their practices with those of of other religions. Has it discharged the burden? Prejudice? Soriano v. Yung putang babae ang gumagana lang doon yung ibaba. because the subsidy has no secular legislative purpose no. in accordance with one’s beliefs. 2010 3. she admits her live-in arrangement. because freedom to believe is absolute improper. 587 SCRA 79 (2009) In an episode of Ang Dating Daan. not her husband. the MTRCB required the organization to submit its tapes for review prior to airing. Laguardia. o di ba! O. the DECS offers subsidies to accredited colleges and universities in order to promote quality education. is a Division Chief in the Department of Science and Technology. 12. As members of the religious sect. Question 10. COMELEC. for the last fifteen (15) years. Is the principal liable? Explain briefly. [MTRCB’s act is: proper. Is the subsidy permissible? yes.be the members of the religious sect of its founder. Sabi ng lola ko masahol pa sa putang babae yan. As between religious groups (Iglesia) 2. The use of the school grounds for these purposes was questioned by a parent who does not belong to any religious group. What should be the state’s attitude towards religion? Benevolent neutrality 2. that the subsidy is given in the form of scholarship vouchers given directly to the student and which the student can use for paying tuition in any accredited school of his choice. (5%) Free Exercise Clause Free exercise of religion is the freedom to believe. masahol pa sa putang babae yan. As his complaint was not addressed by the school officials. Victoriano v. No. Ang Ladlad v. because freedom to act may be restricted by the state improper. creed or form of worship of the church. because of separation of church and state 1. 1. The DECS grants subsidy to a Catholic school which requires its students to take at elast 3 hours a week of religious instruction. Presuming that you answer in the negative. Gago ka talaga Michael. a married woman. 12 Clear and Present Danger 2. which may be restricted. 15 – A religious organization has a weekly television program. 2. masahol ka pa sa putang babae o di ba. Taruc) An ecclesiastical or religious affair is one that concerns doctrine. Administratively charged with immorality and conduct prejudicial to the best interest of the service. a public school in Bulacan. Eliseo Soriano uttered the following statement: Lehitimong anak ng demonyo. No. He sues the DFA claiming violation of his freedom to travel citing Sec. was severely disappointed at the manner Observers. is arrested for the crime of smuggling. Will Jenny's case prosper? Explain your answer. the Grand Elder validated what she considered was an obviously immoral conjugal arrangement between Angelina and her partner. Chavez –Bids submitted for evaluation. Subsequently. seeking the removal of the Grand Elder from the religious sect on the ground that his act in supporting Angelina not only ruined the reputation of their religion. 6 Art. because it directly affects their lives or because they arouse the interest of a citizen 1. Pledging Faithfulness which has been confirmed and blessed by their Council of Elders. Will the suit prosper? 6 . of people out on bail 2. they had executed a Declaration of Observers. because executive officials. shall be afforded the citizen. 6:Mr. Sec. public safety. transactions. At the formal investigation of the administrative case. official recommendation? “official acts and transactions” yes. He posts bail for his release. Sec. because of the risk to the lives of the people that might be caused by the military operation yes. The wife of Juan Casanova wrote a letter to the City Health Officer to have her formerly philandering husband confined in some isolated leprosarium. A: Liberty of abode: Restricted by: 1. if they do not act arbitrarily. Decide. Foreign affairs? 5. because forcing people to transfer their residence does not violate any law no. 6 of the Bill of Rights with respect to the right to travel: (a) includes the right of citizens to enter another country (b) covers the right of citizens to return to the Philippines © guarantees the right of aliens to come to the Philippines (d) protects the right of citizens to leave the country Sec. Juan Casanova challenged the constitutionality of the law as violating his liberty of abode. Courts. (2%) Sec. the Grand Elder of the sect affirmed Angelina's testimony and attested to the sincerity of Angelina and her partner in the profession of their faith. but not inter-agency recommendations. public safety and public health 3. The right of the people to information on matters of public concern shall be recognized. No. Executive and administrative officials. B. If you were to judge this case. State duration 3. or public health as may be provided by law. . including the police and the military. Akbayan – diplomatic notes [presumptively privilege] 6. Meaning that there is a law authorizing them and they do it on the basis of national security. Congress [Silverio Case] -Marcos case -Mirasol Conditions when court may allow travel: 1. III. subject to such limitations as may be provided by law. Jenny. 7. Which statement is legally correct? [5%] Sec. Chaves. Bantay Republic v. he jumps bail and is about to leave the country when the DFA cancels his passport. but also violated the constitutional policy upholding the sanctity of marriage and the solidarity of the family. Prove urgency 2. will you exonerate Angelina? Reasons. also a member of Yahweh's Observers. A Filipino citizen. Legaspi – CS eligible 3. Jenny filed suit in court. Can the military commander force the residents to transfer their places of abode without court order? Explain. to wit: Neither shall the right to travel be impaired except in the interest of national security. can restrict the liberty of abode yes. but also steps leading to a contract. Congress –Within the limits prescribed by law 2. COMELEC 2. (3%) Meanwhile. public safety. because only the courts or Congress by means of a law can restrict the liberty of abode 1998. 6. or decisions. Access to official records Matters of public concern – those which the public may want to know. as may be provided by law.not only consummated contracts. 6. Esteban Krony. Right to Information B. as well as to government research data used as basis for policy development. Court – lawful order of the court (Yap Case) 1996. Hilado – Are all court records pertaining to a case public records? 4. Obtain consent of surety/ Bar--1991/No. Right to travel: Who can restrict? 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. or public health. 7: A. 8. 2: The military commander in charge of the operation against rebel groups directed the inhabitants of the island which would be the target of attacks by government forces to evacuate the area and offered the residents temporary military hamlet. A law requires that lepers be isolated upon petition of the City health Officer. Observers.Juan Casanova contracted Hansen’s disease with open lesions. Access to official acts. Neither shall the right to travel be impaired except in the interest of national security. Ermita: Legislative investigation – 8. Under Sec. Exceptions: Cabinet sessions. B. contending that premature disclosure of the offers and counter-offers between the parties could jeopardize on-going negotiations with another country. the City of Davao b. invoking the constitutional right of the people to information on matters of public concern. Which statement is correct? 7 Who CANNOT expropriate? a. D. PAFLU 2. no. The DFA and the DND refused. All records kept by any government agency are matters of public concern to which citizens can demand access. Information on foreign loans obtained by the government may be excluded from the scope of Sec. Commission on Elections . Can B be forced to join the union? a. Who has standing to enforce compliance in courts? Remedy 9. No. 7. to form unions. Noriel But take note of Bell-Air. summaries and copies of official records. Which statement is legally correct? A. Bayan v. yes. C. also PADCOM v. citizens can demand from government officials that they be given abstracts. One can demand information from the Civil Service Commission about the weight and height of an employee when s/he entered government service. associations or societies for purposes not contrary to law shall not be abridged. trade secrets. 7. What the right to association guarantees? The right to join any association The right to refuse to join Exception: Close-shop agreement Exception to the exception: freedom of religion What does it guarantee? 1. as well as copies of the minutes of the meetings. the Kabataan at Matatandang Makabansa (KMM) wrote the Department of Foreign Affairs (DFA) and the Department of National Defense (DND) demanding disclosure of the details of the negotiations. 2000. because he is bound by the close shop agreement like everyone else b. yes. XIV. A loose organization of Filipinos. Philippine Statehood USA 3. B a new employee refuses to join on the ground that his religion prohibits him from doing so. no. 12: Are employees in the public sector allowed to form unions? To strike? Why? Union A has a “close shop” agreement with company X. because freedom of religion is superior to a close shop agreement CONSTITUTIONAL LAW II Section 9: Private property shall not be taken for public use without just compensation Eminent domain is the power of the government to take over private property for public use after payment of just compensation. KMM filed suit to compel disclosure of the negotiation details. because no person can be compelled to join an association against his will c. Davao City Water District c. Globe Telecom d. court deliberations. diplomatic and military and national security matters. Ortigas [voluntary]. 7 (d) the enactment of the Freedom of Information Act is a pre condition for the enjoyment of the right to information (a) all court records pertaining to a case should be made accessible to the public (b) all pleadings and other documents submitted by the parties should be accessible to the public © orders and decisions issued by the judge related to the case should be accessible to the public (d) access to records is a right that cannot be invoked against courts Sec. because the right to association does not include the right not to be a member of an association b. The right of the people . but STA Clara? Bar Q. 8. and be granted access to the records of the meetings. Occena 4. 7. including those employed in the public and private sectors. 2009 The Philippine Government is negotiating a new security treaty with the United States which could involve engagement in joint military operations of the two countries' armed forces. (3%) Will your answer be the same if the information sought by KMM pertains to contracts entered into by the Government in its proprietary or commercial capacity? Why or why not? (3%) Which statement is correct: (a) any citizen who questions in court the withholding of information must satisfy locus standi by showing direct injury (b) the right to information is a fundamental right and any restriction is presumed unconstitutional © all information in the possession of the government may be accessed by citizens under Sec. Tarnate v. Decide with reasons. Principles: Inherent in the State. Return just compensation. Public Use Use by the Public Indirect advantage or benefit to the public/Sumolong/Manosca Limits of second meaning: Manotoc See also Masikip– [Homeowners’ Association] In expropriation for a right of way by the National Power Corporation. May the owner recover the property on the ground that expropriator diverted property to another public purpose/or abandons it? Reyes v. CA. Just Compensation Must be in cash. In 1990. 3. the expropriated property is restored to the previous owner (b) property is restored only if the expropriation is made on condition that it will be returned if the purpose is abandoned © return is only applicable if the condition is stated in the court order allowing the expropriation (d) return is not permitted because the decree of expropriation gives to the State a fee simple title 3. and constructed a school thereon. etc Expropriator: 1. remove them 3. The entrance should be under warrant or color of legal authority. X cancelled the lease. Tiongson v. The entrance was not under warrant or color of legal authority. b. DECS rented the property of X on a yearly basis. Republic. It built its power plants and paid royalties to the City. Impairment of use – Gutierrez – transmission lines Ibrahim . 4. Taking: 1. it is correct to say that: (a) as a rule. c. CA. The court ordered compensation based on the value in 1990. The court ordered the City of Iligan to pay just compensation based on the value in 1990. May give owner option to buy improvements. What is the rate of interest if expropriator fails to pay on time? Republic v. NHA 2. 2008 – RA 6395 since they could not agree on the rent. 5. Can the COMELEC expropriate? PPI and Telebap Outline: 1. Just compensation I. As an exception. II. Pay interest only if there is delay in returning just compensation after expropriator has reconvenyed Once the public purpose of the expropriation is abandoned. without interest 2. except Santos Determination is a judicial function [Purefoods and Libunao – RA 6395 only 10% for right of way?] Basis: Time of taking or time of filing. just compensation is equivalent to: (a) the full market value of the property as described in the owner’s title (b) the full market value of the portion affected by the right of way (c) 10% of the value of the property covered by the right of way clearance (d) the extent of the loss suffered by the owner as he may be able to prove during trial Elements of Taking: 1 . The property was not devoted to public use . Physical possession 2. NPC entered the property of X thinking that it belong to the City of Iligan. Reyes v. ( REPUBLIC VS. Return property 2. but exercised by Congress and those expressly authorized by law. NHA In 1980. Taking 2. The entrance must be to oust the owner and deprive him of beneficial enjoyment . except City of Cebu case 4. Public Use 3. The property must be devoted to public use or otherwise informally appropriated or injuriously affected. Keep income and fruits of the property Owner: 1. Tan v. The entrance did not oust the owner and deprive him of beneficial enjoyment . 2. DECS did not enter the private property. NHA – 12% . The court is correct since there was no taking in 1978 because NPC did not : (a) enter the property for more than a momentary period (b) enter under warrant or color of legal authority (c) devote the property to public use (d) did not oust the owner and deprive him of beneficial enjoyment of the property Since 1960. when may owner be allowed to recover? Heirs of Moreno 3. In 1990. CASTELLVI ) Examples – NPC v. The court is correct because in 1960: a. Must the condition be expressed in the decision? Amount to be paid? Rights/Obligations of parties: Lozada. 8 1. The entrance must be for more than a limited period.underground tunnels Andaya – flooded portion Ayala Land – free parking How much should expropriator pay? NPC v. Purefoods. whichever comes first. Expropriator must enter the private property. but DECS instituted expropriation proceedings. but if he declines. Pay expropriator necessary expenses for maintenance of property to the extent he got benefited 3. d. it acknowledged that the lot was owned by X and accordingly instituted expropriation proceedings against X. because the purpose of the expropriation is to convert the property for public use Valid. From what date should just compensation be based? (a) 1978. because that was the time of the actual taking (b) 1987. whose advertising agency owns and rents out many of the billboards ordered removed by the City Mayor. 2: The City of Cebu passed an ordinance proclaiming the expropriation of a 10 hectare property of C Company which is already a developed commercial center. but in police power. plus interest. (d) entitles him to the return of the property provided he refunds the just compensation previously received When can expropriator enter the property? After filing of complaint. Lim In 1978. give 2 constitutional objections to the validity of the ordinance. but in police power. no. On May 27. Can the landowner successfully challenge the law in court? Discuss briefly your answer. because the property was not devoted to public purpose in 1978 (d) 1987. because it constitutes taking of property without just compensation Void. 9 . whichever is lower. so AM is suing the City and the Mayor for damages arising from the taking of his property without due process nor just compensation. Will AM’s suit prosper? It must be based on an ordinance. the NHA instituted expropriation of the same parcels of land. VM Realty. On September 14. safety. as a rule: (a) entitles the previous owner to return of the property without further obligations to the expropriator (b) entitles the owner to the market value of the property based at the time when payment is actually made © entitles him to the payment of the market value at the time of taking. the owner is entitled to compensation. to remove all advertising signs displaced or exposed to public view in the main city street. The ordinance is void because: Void. If the property is taken in the exercise of eminent domain. because the city is depriving X of property without due process of law and should pay damage b. it is destroyed in the interest of public health. As counsel for c company. and set up a socialized housing project for squatters. because the right to property is not absolute and may be restricted by law 1989. assisted by the police. What legal interest should be used in the computation of interest on just compensation? 2. yes. The Mayor refuses to pay. he is not . With notice to owner Deposit with authorized government depository Amount equivalent to assess value for taxation purposes [LGC – 15% Expropriation bu LGU’s 1993. the NHA took possession of parcels of land pursuant of PD No. because the city is exercising its police power of abating a nuisance d. because the ordinance authorized payment of just compensation 2004. claims that the City should pay for the destroyed billboards at their current market value since the City has appropriated them for the public purpose of city beautification. AM. [Libunao? 6% apparently if judgment is satisfied on time] 5. because the entrance in 1978 was not under color of title © 1987. [Monday] CONSTITUTIONAL LAW II Section 9: Eminent Domain Police Power and Eminent Domain: Domain: 1 . not a resolution. morals or public welfare . No. because the utilization of the property did not oust the owner and deprive him of beneficial enjoyment of the property Non-payment of just compensation for a long period of time. 1669 and PD No. 5: In expropriation proceedings: 1. No. the amount to be paid to a landowner as compensation shall be either the sworn valuation made by the owner or the official assessment thereof. Can the judge validly withhold issuance of the writ of possession until full payment of the final value of the expropriated property? 1990. because the city is exercising its power of eminent domain and taking private property without just compensation c. yes. Saguitan There is no need to secure DAR clearance even if property is converted to non-agricultural [Province of Camarines] Provincial board cannot disapprove on the ground of lack of necessity. because the determination of what constitutes just compensation is a judicial function Valid. The city proposed to operate the commercial center in order to finance a housing project for city employees in the vacant portion of the said property. property is taken for public use. the Supreme Court declared the decrees unconstitutional and the expropriation of the parcels of land null and void for being violative of the owner’s right to due process. 1670. no. In eminent domain. for being offensive to sight or otherwise a nuisance. 16: A law provides that in the event of expropriation. a. 1987. The ordinance fixed the price of the land and the value of the improvements to be paid C Company on the basis of the prevailing land value and cost of construction. 9: The City of San Rafael passed an ordinance authorizing the city Mayor. Can the owner recover the property if expropriator fails to pay just compensation after an unreasonable lapse of time? Republic v. 1987. 2. 1996. Decide. 2009 The Municipality of Bulalakaw. Authorizes for its satisfaction something different . The advanced technology of a private company. (5%) If the Court grants the City's prayer for expropriation. The Sanggunian intends to subdivide the property into small residential lots to be distributed at cost to qualified city residents. Picop (TLA also IFMA). is necessary for that purpose but negotiations between the parties have failed. (2%) 2009. can FCC recover the property from Pasig City? Explain. in behalf of the PCO. XVII Filipinas Computer Corporation (FCC). No. Section 10: Impairment of Contracts No law impairing the obligation of contracts shall be enacted. Hard pressed to find a suitable property to house its homeless residents. Clearly. is still suitable for the purpose. Thus. a local manufacturer of computers and computer parts. the NHA initiated expropriation proceedings against the store owner who protested that his property could not be taken because it is not residential or slum housing. Leyte. Dispenses with those expressed. Imposes new conditions. Is the disapproval of the ordinance correct? Explain your answer. In time or mode of performance. No. (2%) Suppose the expropriation succeeds. manila. If the case will not prosper. the NHA acquired all the properties within a targeted badly blighted areas in San Nicolas. 1. 4. owns a sprawling plant in a 5. He also contended that his property is being condemned for a private purpose. NHA sold the properties it has thus far acquired to a private realty company for redevelopment. Can the owner of the property oppose the expropriation on the ground that only 200 out of the more than 10. but the City delays payment of the amount determined by the court as just compensation. compounded by a burgeoning population. 4: The Congress passed a law authorizing the authorizing the NHAto expropirate or acquire private property for the redevelopment of slum areas. Basic Principles Police power. Upon review.000-square meter lot in Pasig City. though smaller in size.5%) Re-classification of land by a local government unit may be done through a resolution. Pursuant to the law. 1234. ordinances. Can DAR require the city to first secure and authority before converting the use of the land from agricultural to housing? 1987. not a public one. wishes to establish a direct computer and fax linkup with trading centers in the US. 3. the Sangguniang Panglungsod authorized the City Mayor to negotiate for the purchase of the lot. eminent domain and taxation are superior to non-impairment Freedom of religion is superior Can be invoked only against statutes. To remedy the city's acute housing shortage. only the residents of that barangay would be benefited by the project. Pacquing] 10 . authorizing the expropriation of two parcels of land situated in the poblacion as the site of a freedom park. 11: The PCO. and to pursue expropriation would be needless expenditure of the people's money. the City filed a complaint for eminent domain against FCC. Lim v. If FCC hires you as lawyer. (0. as well as to lease or resell the property to private developers to carry out the redevelopment plan. The Republic. passed Ordinance No. The purpose of the expropriation is to sue the land as a relocation site for 200 families squatting along the Pasig river. 16: Pasay City filed an expropriation proceedings against several landowners for the construction of an aqueduct for flood control on a barangay. and appropriating the funds needed therefor. the |Sangguniang |Sangguniang Panlalawigan of Leyte disapproved the ordinance because the municipality has an existing freedom park which. But FCC refused to sell the lot. A valid and definite offer to buy a property is a prerequisite to expropriation initiated by a local government unit. XIII True or False.000 squatter families in Pasig will benefit from the expropriation? 2. If you were the judge. Is the expropriation proper? 1992. but not against quasi-judicial acts [BPI Case rehabilitation] Usual answers/cases There is no contract to speak of [Gonzalo. 4: The City of Pasig initiated expropriation proceedings on a one ehctare lot which is part of a 10-hectare parcel of land devoted to the growing of vegetables. can FCC legally demand that it be allowed to repurchase the property from the City of Pasig? Why or why not? (2%) 2010. what defense or defenses would you set up in order to resist the expropriation of the property? Explain. A law impairs the obligations of contracts when it changes the terms of the contract: 1 . Thereafter. PCT. except a well-maintained drug and convenience store that poses no blight or health problem itself. 2. noting the NHA’s sale of the entire area except his property to a private party. files suit to compel the telecommunications company to execute a contract with PCO for PCOs access and use of the company’s facilities. how would you decide the case? III. but the City decides to abandon its plan to subdivide the property for residential purposes having found a much bigger lot. No. what alternative will you propose to the Republic? 2008. a government agency. Hontanosas] Law is not retroactive [Banat/Serrano] Bar Q: No... Smart Corp went to court to stop him because he is violating the restriction imposed on the contract and title. is superior [Caleon v. 11. 11 . One of the restrictions in the deed of sale which was annotated in the title is that the lot shall be used by the buyer exclusively for residential purposes. The corporation contends that the zonign ordinance cannot nullify the contractual obligation assumed by the buyer. it is superior to the non-impairment clause of the Constitution The ordinance is valid because it did not impair the terms of the contract between Smart Corp and Pedro Sec. 18. etc. The ordinance is void because it impaired a contract The ordinance is valid because the contract has been consummated and no longer exists between Smart Corp and Pedro The ordinance is valid because. a realty firm engaged in developing and selling lots to the public. being an exercise of police power by the municipality. 2001:: Pedro bought a parcel of land from Smart Corp. Free access to the courts [and quasi-judicial bodies and adequate legal assistance] shall not be denied to any person by reason of poverty. Mayor] Contract was not impaired [Siska (notice or rescission). The municipality later passed a zoning ordinance declaring the area as commercial. Pedro constructed a commercial bank building on his lot. the area became commercial in nature. La Insular. Agus (subleasing). Police power. Beltran [United BF Homeowners v. A main highway having been constructed across the subdivision. Decide.
Copyright © 2024 DOKUMEN.SITE Inc.