Consti 2 - UP Law SecC 2014 Case Digests

UP Law SecC 2014 Constitutional Law 2 Digests

People vs Jalosjos G.R. Nos. 132875-76. February 3, 2000

Ponente: Ynares-Santiago One-Liner : Romeo, who was convicted of rape and acts of  las asci civi viou ousn snes ess, s, wa want nts s to di disc scha harg rge e hi his s du duti ties es as a congressman; SC said this can’t be so because it would be a mockery of the penal system. accuse used-ap d-appel pellan lant, t, Rom Romeo eo Jal Jalosj osjos, os, is a ful fulllFacts: The acc fledged member of Congress who is confined at the national penitentiary penit entiary while his convic conviction tion for statutory rape and acts of  lasciviousness is pending appeal. He filed a motion asking that he be all allowe owed d to dis discha charge rge his duti duties es as a Con Congre gressma ssman, n, inc nclu ludi ding ng atte at tend ndan ance ce at legi le gisl slat ativ ive e sess se ssio ions ns and an d committee committ ee meetin meetings gs despi despite te his havin having g been convic convicted ted of a non-bailable offense. His main argument is the "mandate of sovereign will", as the electorate of the 1st District of Zamboanga del Norte chose him as their representative. Having been re-elected by his constituents, he has the duty to perform the functions of a Cong Co ngre ress ssma man. n. He ad adds ds th that at it ca cann nnot ot be de defe feat ated ed by insuperable procedural restraints arising from pending criminal cases. He avers that his constituents in the First District of  Zamboanga del Norte want their voices to be heard and that since he is treated as bona fide member of the HR, the latter  urge ur ges s a co co-e -equ qual al br bran anch ch of go gove vern rnmen mentt to re resp spec ectt hi his s mand ma ndat ate. e. He al also so cl clai aims ms tha thatt th the e co conc ncep eptt of te temp mpor orary ary detention does not necessarily curtail his duty to discharge his mand ma ndat ate e an and d th that at he ha has s al alw way ays s co comp mpli lied ed wi with th th the e conditions/restrictions when he is allowed to leave jail. Issues Iss ues:: (1) Should Should he be allowed allowed to discha discharge rge mandat mandate e as member of House of Representatives? (NO) (2)) Do (2 Does es be bein ing g an el elec ecti tive ve of offi fici cial al re resu sult lt in a substantial distinction that allows different treatment? Is being a Congressman a substantial differentiation which removes the accused-appellant as a prisoner from the same class as all persons validly confined under law? (NO)

appurtenant to his position. Such an aberrant situation not only elevates accused-appellant’s status to that of a special class, it also would be a mockery of the purposes of the correction system. When the voters of his district elected the him, they did so with full awareness of the limitations on his freedom of  action. They did so with the knowledge that he could achieve only such legislative results which he could accomplish within the confines of prison. (2) The performance of legitimate and even essential duties by public officers has never been an excuse to free a person validly in prison. The duties imposed by the "mandate of the people" are multifarious. The accused-appellant asserts thatt the duty to leg tha legisl islate ate ranks highest highest in the hierarchy hierarchy of  gove go vern rnme ment. nt. Th The e ac accu cuse sed-a d-app ppel ella lant nt is on only ly on one e of 25 250 0 members of the House of Representatives, not to mention the 24 me memb mber ers s of th the e Se Sena nate te,, ch char arge ged d wi with th the du duti ties es of  legislation. Congress continues to function well in the physical absence of one or a few of its members. Never has the call of  a particular duty lifted a prisoner into a different classification from those others who are validly restrained by law. The election to the position of Congressman is not a reason rea sonabl able e cla classi ssifica ficatio tion n in cri crimin minal al law enf enforc orcemen ement. t. The func fu ncti tion ons s an and d du duti ties es of th the e of offi fice ce ar are e no nott su subs bsta tant ntia iall dist di stin inct ctio ions ns wh whic ich h li lift ft hi him m fr from om th the e cl clas ass s of pr pris ison oner ers s inter in terru rupt pted ed in the their ir fre freed edom om an and d re rest stri ricte cted d in lilibe berty rty of  movement. movemen t. Lawful arrest and confinement confinement are germane to the purposes of the law and apply to all those belonging to the same class. Impriso Impr isonme nment nt is the res restra traint int of a man man’s ’s per person sonal al liberty; coercion exercised upon a person to prevent the free exercise of his power of locomotion. As a punishment, it is restra res traint int by jud judgme gment nt of a cou court rt or lawful tribunal tribunal,, and is personal to the accused.

Section 9

Eminent Domain Republic vs Vda De Castellvi G.R. No. L-20620. August 15, 1974

Ratio:

(1) Election Election is the the expression expression of the sovere sovereign ign power  power  of th the e pe peop ople le.. Ho How wev ever er,, in sp spit ite e of it its s imp mpor orta tanc nce, e, the privileges and rights arising from having been elected may be enlarged or restricted by law. The immunity from arrest or detention of Senators and members memb ers of the House House of rep repres resenta entative tives s arises arises from a provis pro vision ion of the Con Consti stituti tution. on. Thi This s pro provis vision ion gra granti nting ng an exemption as a special privilege cannot be extended beyond the ordinary meaning of its terms. It may not be extended by intendment, implication or equitable considerations. The accused-appellant has not given any reason why he should be exempted from the operation of Sec. 11, Art. VI of the Constitution. Constitution. The member members s of Congress cannot compel abse ab sent nt me memb mber ers s to att atten end d se sessi ssion ons s if th the e re reas ason on fo forr the abs bsen ence ce is a leg egit itim imat ate e on one. e. Th The e co con nfi fin nem emen entt of a Con ongr gres essm sman an ch cha arg rged ed wit ith h a cr criime pu pun nis isha habl ble e by imprisonment of more than 6 years is not merely authorized by law, it has constitutional foundations. To allow accused-appella accused-appellant nt to attend congressional congressional sessions and committee meetings for 5 days or more in a week willll vi wi virt rtua ualllly y mak make e hi him m a fr free ee ma man n wi with th al alll the pr priv ivilileg eges es

exprop ropria riatio tion n must be act actual ually ly RATIO RA TIO DECIDENDIS: The exp commenced in court ; The “taking” for purposes of determining the jut compensation to be paid must be reckoned from the date the complaint for eminent domain was filed; the owner of  the land has the right to its value for the use of which it would bring most in the market; the report of the commissioners of  appraisal are not binding but merely advisory in character as far as the court is concerned.

NATURE: Appeal from the decision of the CoFI on an earlier  expropriation proceeding

FACTS:

Carmen Car men Vda. De Cas Castel telvi vi = admi adminis nistrat tratrix rix of the estate of the late Alfonso de Castelvi She entered into a contract of lease with the Republic, renewa ren ewable ble on a yea year-t r-to-y o-year ear basis star startin ting g on Jul July y 1, 1947, of a parcel of land in Barrio San Jose, Flor Fl orid idab abla lanc nca, a, Pa Pamp mpan anga ga.. On Ju June ne 30 30,, 19 1956 56 th the e Republic, before the expiration of the contract of lease, sought to renew the same but Carmen refused. When the •

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UP Law SecC 2014 Constitutional Law 2 Digests

Philip Phil ippi pine ne Ai Airr Fo Forc rce e re refus fused ed to va vaca cate te th the e pr prop oper erty ty,, Carmen wrote the Chief of Staff of the AFP but to no avail. Carmen Car men the then n ins institu tituted ted an eje ejectme ctment nt cas case. e. Whi While le sai said d case cas e is pen pendin ding, g, the Rep Republ ublic ic fil filed ed thi this s exp exprop ropria riatio tion n proceedings for the possession of lands.

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Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 | 3 •

The Republic prayed for the pegging of the provisional value val ue of the land at P25 P259,6 9,600, 00, which the low lower er Cou Court rt grante gra nted. d. Car Carmen men and the oth other er int interv erveno enors, rs, such as Tole oledodo-Goz Gozun, un, fil filed ed the their ir sep separa arate te moti motion on to dis dismis miss s alleging that the fair market value is P15.00 per square meter and that the overall price should be approximately P11,389,485. The trial Court appointed 3 commissioners who submitted their recommendation that the lowest price for the lands should be P10.00 per square meter. The Regi Re gio ona nall Tri rial al Co Cou urt he heed eded ed th the e ad advi vice ce of th the e Commiss Com mission ioners ers and dec declar lared ed tha thatt P10 P10.00 .00 per squ square are meter is fair and just; thus this appeal.

3)

ISSUES: 1) 2)

W/n the the trial trial Court Court erred erred in setti setting ng the amoun amountt of just just compensation to P10 per square meter. W/n the the trial trial Court Court erred erred in holdin holding g that the the “takin “taking” g” of  the prope properties rties under the expropriation expropriation commenc commenced ed with the filing of the action.

HELD: 1)

2)

4) 5)

Yes, the just just compen compensati sation on should shouldn’t n’t be comput computed ed on the basis of the prices in the year 1947 as the “taking” by th the e Sta State te of the proper property ty usi using ng the power power of  eminent domain did not commence in 1947 but only upon the institution of this action. However, the report of the commissioners of appraisal are not binding but merely advisory in character as far as the court is concerned. The Court in this case ruled that P5 per  square squ are mete meterr is the jus justt comp compens ensati ation, on, taki taking ng int into o consideration the recommendation of the Provincial Committee on Appraisal. No, th No, ther ere e ar are e 5 es esse sent ntia iall re requ quis isit ites es to co cons nsti titu tute te “taking” under the eminent domain, namely: pres esen entt in th the e (a)) mu (a must st en ente terr pr priv ivat ate e pr prop oper erty ty - pr inst in stan antt ca case se whe hen n by vi virt rtue ue of th the e lea ease se agre ag reeme ement nt th the e Re Repu publ blic ic,, vi via a th the e AF AFP P, too took k possession of the property of Castelvi. (b)) mu (b must st be for more more than a mo mome ment ntar ary y period period wanting in this case as the lease was for a period of one year, renewable from year to year and thus th us th ther eref efor ore e th the e en entr try y on th the e pr prop oper erty ty is temporary tempora ry and considered considered transitory transitory.. The AFP AFP claims that the real intention of the lessee (the Republic) was to occupy the land permanently. The Court held that the “intention” cannot prevail over the clear and express terms of the lease contract. If the intention of the lessee in 1947 was to really occupy the land permanently, why was the contract of lease entered into on a year-toyear ye ar ba basi sis? s? Wh Why y al also so di didn dn’t ’t th the e Re Repu publ blic ic expropriate the land in 1949 when it expropriated the other lands it occupied? Even if it really was the intention of the Republic to expropriate the land at some future time, mere or implied notice of an intention on the part of the Republic to expropriate t lands in the future did not, and could not, bind the landowner, nor bind the land itself. The expropriation must be actually

(e) Utiliz Utilizatio ation n of property property for publi public c use must be in such a way as to oust the owner and deprive him of all benefic beneficial ial enjoy enjoyment ment of the proper property ty Castelvi was not ousted or deprived of all the beneficial enjoyment of the property because she was still the owner and the State still paid her  rent. Therefore, the “taking” of the Castelvi property for the purposes of eminent domain cannot be considered to have taken place in 1947. The Th e Co Cour urtt di did d no nott ac acce cept pt the Republ Republic ic’s ’s conte contenti ntion on that a lease on a year to year basis can give rise to permanent right to occupy since by express provision a lease made for a determinate time ceases upon the day fixed without a need of a demand (Art 1669, Civil Code) It cannot cannot also also be said, said, as the the Repub Republic lic’s ’s conte contenti ntion, on, that the right of eminent domain may be exercised by simply leasing the premises to be expropriated. The owner owner of of the land land has has the right right to its its value value for the the use of which it would bring most in the market and thus it was appropriate that Castelvi showed that the land was suitable for division into village or town lots (the land was classified as residential and taxes were paid pai d bas based ed on suc such h cla classi ssific ficati ation, on, the loc locati ation on is suitable for a residential subdivision, plans to turn it into subdivision)

People vs Jalosjos G.R. Nos. 132875-76. February 3, 2000

Ponente: Ynares-Santiago One-Liner: Romeo, who was convicted of rape and acts of  lasciviousness, wants to discharge his duties as a congressman; SC said this can’t be so because it would be a mockery of the penal system. Facts: Facts: The accuse accused-a d-appe ppella llant, nt, Romeo Romeo Jalosj Jalosjos, os, is a fullfullfledged member of Congress who is confined at the national penitentiary penitentiary while his conviction for statutory rape and acts of  lasciviousness is pending appeal. He filed a motion asking that he be allowe allowed d to discha discharge rge his duties duties as a Congre Congressm ssman, an, incl includ udin ing g atte attend nda ance nce at legis egisla lati tive ve sess sessio ions ns and and committee committee meetings meetings despite despite his having been convicted convicted of a non-bailable offense. His main argument is the "mandate of sovereign will", as the electorate of the 1st District of Zamboanga del Norte chose him as their representative. Having been re-elected by his constituents, he has the duty to perform the functions of a Cong Congre ress ssma man. n. He adds adds that that it cann cannot ot be defe defeat ated ed by insuperable procedural restraints arising from pending criminal cases. He avers that his constituents in the First District of  Zamboanga del Norte want their voices to be heard and that since he is treated as bona fide member of the HR, the latter  urge urges s a co-e co-equ qual al bran branch ch of gove govern rnmen mentt to resp respec ectt his his manda mandate. te. He also also clai claims ms that that the conc concep eptt of tempo tempora rary ry detention does not necessarily curtail his duty to discharge his ndat ndat d that that h ha al lied lied ith ith th

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4 | Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 persons validly confined under law? (NO) other was used as their residence. In 1979, the government filed an expropriation case for the said land, but was dismissed Ratio: (1) Election is the expression of the sovereign power  by the SC on the ground that the choice of area was arbitrary. of the people. However, in spite of its importance, In 1982, the land was auctioned off to the spouses Babiera and the privileges and rights arising from having been elected may spouses Sangalang since the De Knechts failed to pay their  be enlarged or restricted by law. real estate taxes. Petitioners failed to pay within one year, so The immunity from arrest or detention of Senators and both spouses filed a petition for registration as owners of the members members of the House House of repres representa entative tives s arises arises from a land which the court granted. Then both spouses sold the land provis provision ion of the Consti Constituti tution. on. This This provis provision ion granti granting ng an to Salem Investment Corporation (Salem). exemption as a special privilege cannot be extended beyond On Febr Februa uary ry 17, 17, 1983 1983,, BP Blg Blg 340 340 was was passe passed d the ordinary meaning of its terms. It may not be extended by authorizing the government to expropriate certain properties in intendment, implication or equitable considerations. Pasay for the EDSA extension, one of which is the assailed The accused-appellant has not given any reason why proper property ty.. The Knecht Knechts s filed filed a civil civil case case for reconv reconveya eyance nce,, he should be exempted from the operation of Sec. 11, Art. VI annu annulm lmen entt of tax tax sale sale,, and and titl titles es of the the Babi Babier eras as and and of the Constitution. Constitution. The members members of Congress cannot compel Sangalangs. Although the petitioners presented their evidence, abse absent nt memb member ers s to atten attend d sessi session ons s if the the reas reason on for for the they they faile failed d to atte attend nd the fina finall hear hearin ing, g, and and were were alway always s absen bsence ce is a legit egitim imat ate e one. one. The The con confin finemen ementt of a requesting for postponement. The court dismissed the court on Congr ongres essm sman an cha charged rged with ith a cri crime pun punisha ishabl ble e by the ground of “lack of interest”. The petition became final in imprisonment of more than 6 years is not merely authorized by Febr Februa uary ry 1990 1990.. 3 months months later later,, the the gove govern rnmen mentt file filed d for  law, it has constitutional foundations. determination of just compensation of lands in BP 340. The To allow accused-appella accused-appellant nt to attend congressional congressional tria triall cour courtt issu issued ed a writ writ of poss posses essi sion on,, and and 7 of the the De sessions and committee meetings for 5 days or more in a week Knechts’s houses were demolished. After, the trial court issued will will virt virtua ualllly y make make him him a free free man man with with all all the priv privilileg eges es an order fixing the compensation of all the lands, but didn’t appurtenant to his position. Such an aberrant situation not only include the improvements. Because of this, the De Knechts elevates accused-appellant’s status to that of a special class, it filed a motion for recovery of ownership and possession of the also would be a mockery of the purposes of the correction property, and also a motion for intervention and to implead system. additional parties. The trial court dismissed their motion for  When the voters of his district elected the him, they intervention after learning that they had no legal interest on the did so with full awareness of the limitations on his freedom of  property. action. They did so with the knowledge that he could achieve Issues: only such legislative results which he could accomplish within 1. WON the Knechts had a right to intervene over the subject the confines of prison. property in the civil case. 2. WON the case was an expropriation proceeding and not just (2) The performance of legitimate and even essential a case to determine just compensation. duties by public officers has never been an excuse to free a Holding/Ratio: person validly in prison. The duties imposed by the "mandate 1. No. The petitioners are assailed that they didn’t know the tax of the people" are multifarious. The accused-appellant asserts delinquency and subsequent proceedings until 1983, thus, they that that the duty to legisl legislate ate ranks highest highest in the hierarchy hierarchy of  didn’t get to redeem the property after 1 year. But, the claim of  gove govern rnmen ment. t. The The accu accuse sed-a d-app ppel ella lant nt is only only one one of 250 250 lack of notice is a factual question which has already been members members of the House of Representati Representatives, ves, not to mention the answere answered d by the trial court court and the CA. Res judica judicata ta has 24 membe members rs of the Sena Senate te,, char charge ged d with with the the dutie duties s of  already set in. Since the lower courts dismissed the case for  legislation. Congress continues to function well in the physical lack of interest, without qualification that it is without prejudice, absence of one or a few of its members. Never has the call of  the dismissal is regarded as an adjudication of merits and is a particular duty lifted a prisoner into a different classification with prejudice. Even if they assail that they are not owners, but from those others who are validly restrained by law. were were stay stayin ing g in the the land land,, they they still still don’ don’tt have have a righ rightt to The election to the position of Congressman is not a intervene. In the absence of procedure in the law, reference is reason reasonabl able e classi classific ficatio ation n in crimina criminall law enforc enforcemen ement. t. The made in the provisions of eminent domain in Rule 67 in the func functi tion ons s and and duti duties es of the the offi office ce are are not not subs substa tant ntia iall Revise Revised d Rules Rules of Court. Court. The power power of eminen eminentt domain domain is dist distin inct ctio ions ns whic which h lift lift him him from from the the clas class s of pris prison oner ers s exercised by every person having an estate or interest at law inte interru rrupte pted d in thei theirr free freedo dom m and and restr restric icte ted d in libe liberty rty of  or in equity in the land taken is entitled to share in the award. movement. Lawful arrest and confinement are germane to the The Knechts lost whatever right or title they have over the land purposes of the law and apply to all those belonging to the after the Court dismissed the reconveyance case. They had no same class. legal legal intere interest st in the proper property ty by the time the exprop expropria riatio tion n Impriso Imprisonme nment nt is the restrai restraint nt of a man’s man’s person personal al proceedings were instituted. liberty; coercion exercised upon a person to prevent the free exercise of his power of locomotion.  As a punishment, it is 2. Yes. It was in the exercise of the state's power of eminent restra restraint int by judgme judgment nt of a court court or lawful lawful tribunal, tribunal, and is domain under B.P. B.P. Blg. 340 that expropriatio expropriation n proceedings proceedings personal to the accused. were instituted against the owners of the lots sought to be expropriated. B.P. Blg. 340 did not, by itself, lay down the

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Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 | 5 "Section 1. The complaint. — The right of eminent domain shall be exercised by the filing of a complaint which shall state with certainty the right and purpose of condemnation, describe the real or personal property sought to be condemned, and join as defendants all persons owning or claiming to own, or  occupying, any part thereof or interest therein, showing, so far  as practicable, the interest of each defendant separately. If the title to any property sought to be condemned appears to be in the Republic of the Philippines, although occupied by private individuals, or if the title is otherwise obscure or doubtful so that the plaintiff cannot with accuracy or certainty specify who are the real owners, averment to that effect may be made in the complaint."

RD: In an expropriation case, any person with a legal interest of the land can file a complaint against the government, not only the owners of the land.

Republic vs Tagle December 2, 1998 Overview: The current case involves one of eminent domain. It  focuses focu ses on the correct procedure required under Exec Executiv utive e Order No. 1035 specifically on whether an issuance of a writ of   possession is proper when the land to be expropriated is already under the control of the government agency seeking to invoke eminent domain.

THE FACTS Executive Order No. 1035 – The EO was enacted to facilitate govern gov ernment ment acq acquis uisiti ition on of pri private vate property property to be use used d for  infrastructure or other development projects. According to its Sectio Sec tion n 7, whe when n neg negoti otiati ations ons betw between een the par partie ties s fai fail, l, the gove go vern rnmen mentt ag agen ency cy in invo volv lved ed ha has s au auth thor ority ity to in inst stit itute ute expropriation proceedings through the Office of the Solicitor  General. The courts shall give priority to these types of cases. The just compensation will be determined by P.D. 1533 and 10% of it shall be deposited. After which, a writ of possession should be executed within 5 days of the deposit. The cause stems from a dispute over 2 parcels of  land in Dasmarinas Cavite which is 483,331 square meters owne ow ned d by He Hele lena na Z. Be Beni nite tez. z. (a (als lso o Ph Phililip ippi pine ne Wo Wome men’s n’s University I think but the case doesn’t explain their connection) In Se Sept ptem embe berr 19 1982 82,, th the e Go Gove vern rnme ment nt th thro roug ugh h Philippine Human Resour Philippine Resources ces Devel Development opment Center (PHRDC henc he ncefo eforth rth), ), un unde derr the Mi Mini nist stry ry of Hu Human man Se Settl ttlem emen ents, ts, coordi coo rdinat nated ed wit with h the Jap Japane anese se Int Intern ernati ationa onall Coo Cooper perati ation on  Agency (JICA) to establish the ASEAN Human Resources Develo Dev elopmen pmentt Pro Projec jectt her here e in the country country. One of the main progra pro grams, ms, Prog Program ram III, aim aimed ed to esta establi blish sh a Con Constru structi ction on Manpower Development Center (now under the DTI). From here, it would be better to narrate the facts in bullets  *March *Ma rch 30, 198 1983 3 – Memo Memoran randum dum of Agreement Agreement betw between een

*December 3, 1983 – PWU (only) entered *December entered into a contract of  lease according to the memorandum agreement. The land to be leased is 10 hectares at 200,000 per annum with an option to renew it for a period not to exceed 20 years. *December 1984 – Benitez executed deed of donation in favor  of PWU of the land. This means that when PWU entered into the lease agreement, it still had no right to and it was Benitez who owned the land, but this wasn’t a factor in the case. *January 1, 1988 – Lease expires, *January expires, negotiations negotiations begin for the purchase of the land by PHRDC. *Augus *Aug ustt 21 21,, 19 1989 89 – Be Beni nite tez z ad advi vise sed d PH PHRD RDC’s C’s ge gene nera rall manager to pursue the sale of the 7 hectare property for 70php per square meter. *Febru *Feb ruary ary 4, 19 1991 91 – Be Beni nite tez z co conf nfir irmed med th the e po posi siti tion on an and d willingness of the University to sell the land. *February 4 onwards – PHRDC prepared the necessary deed of sa sale le,, Be Beni nite tez z as ve vend ndor or an and d PH PHRD RDC C an and d CM CMDF DF as vendees. As of July 1, 1989, PHRDC stopped the payment of  rentals because of the ongoing negotiations for purchase.  August 15, 1995 – Benitez did not sign the deed of sale and on this date sent a letter demanding the payment of rentals and asked that CMDF leave the premises within 30 days. Later, Benitez filed a suit for unlawful detainer. Because of the failure of the negotiations, PHRDC and CMDF instituted a complaint for eminent domain under EO 1035. Following Section 2, Rule 67 of the ROC, they deposited the th e wh whol ole e am amou ount nt (n (not ot on only ly 10 10% % as re requ quir ired ed)) in PN PNB B amounting to 708,490. Then they filed for a motion for a writ of  possession. The writ was granted and the sheriff was tasked to execute it, but upon motion for reconsideration by Benitez, the same judge overturned the previous issuance of the writ and quashed it. PHRDC and CMDF fi filled a mo mottion for  reconsideration which was denied hence the current case.

ISSUE The sole issue is wheth whether er the judge judge,, by quashi quashing ng the writ of pos writ possess session ion that he him himsel selff all allowe owed, d, acte acted d in gra grave ve abuse of discretion.

HELD Yes, it the judge acted with grave abuse of discretion.

RATIO PHRD PH RDC C an and d CM CMDF DF we were re co corre rrectl ctly y fo follllow owin ing g the procedures for eminent domain and expropriation under EO 1035. 103 5. Whe When n neg negoti otiati ations ons fai failed led,, they filed a com compla plaint int for  eminent domain and instituted expropriation proceedings. Then they deposited, not only 10%, but the whole amount. Then the

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6 | Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 CMDF as a defense against the ejectment suit. meters 400 php/ sq. meter. CA: affirmed the pricing The judge is wrong because in issuing a writ, the  judge has only a ministerial duty and not a discretionary one. ISSUE: He has th the e DU DUTY TY to is issu sue e the writ writ if th the e ag agen ency cy al alre ready ady WON the pricing of the lands sought to be expropriated is just deposited at least 10%. If he were to be followed, the absurd situation would be CMDF would be ejected and then that’s HELD when they will be granted the writ of possession because then, NO. they would not already have possession. This would cause unnecessary suits, plus, the expropriation of property does not RATIO: only mean PHYSICAL occupation but also taking of title and Parcels of land sought to be expropriated are undeniably idle, rights. CMDF wanted to possess the land de facto and de jure. unde un deve velo lope ped, d, ra raw w ag agri ricu cult ltur ural al la land nd,, be bere reft ft of an any y improvement. Except for the Henson family, all the other  The judge also tried to invoke JM Tuason vs. CA and respondents were admittedly farmer beneficiaries under  Cuatico vs CA saying that the issuance of a writ possession operati ope ration on lan land d tra transf nsfer er of the Dep Depart artment ment of Agr Agrari arian an cannot defeat a case of ejectment. However, these cases are Reform. Ref orm. How Howeve everr, the lan land d has bee been n rere-cla classi ssified fied as nott ap no appl plic icab able le be beca caus use e th they ey on only ly do doct ctri rini nize zed d th that at th the e residential. The nature and character of the land at the government gover nment shoul should d provi provide de just compen compensation sation.. They never  time of its taking is the principal criterion to determine said that an ejectment suit can defeat the state’s exercise of   just compensation compensation to the landowner. landowner. eminent domain. the value of the land at 400 php/sq. meter, which was the sellllin se ing g pr pric ice e of lo lots ts in th the e ad adja jace cent nt ful fully ly de deve velo lope ped d subdivision (the Santo Domingo Village Subdivision). The land in question, however, was an undeveloped, idle land, Napocor vs Henson principally agricultural in character, though re-classified as residential. PONENTE: J. Pardo

NATURE: Appeal for certiorari from CA’s decision ordering the Nati Na tion onal al Pow Power er Co Corp rpor orat atio ion n (N (NPC PC)) to pay re resp spon onden dents ts landowners/claimants just compensation for the taking of their  five parcels of of land FACTS: National Power Corporation (NPC) originally instituted with the Regi Re gion onal al Tri rial al Co Cour urt, t, Sa San n Fe Fern rnan ando do,, Pa Pamp mpan anga ga a complaint for eminent domain for the taking for public use us e of fi five ve pa parc rcel els s of la land nd,, ow owne ned d or cl clai aime med d by respondents, with a total aggregate area of 58,311 square meters, for the expansion of the NPC Mexico Sub-Station. petitioner filed an urgent motion to fix the provisional value of  the subject parcels of land. respondents respo ndents filed a motion to dismiss. They did not challenge petitioners right to condemn their property, but declared that th at the fa fair ir ma marke rkett va valu lue e of th thei eirr pr prop oper erty ty wa was s fro from m P180.00 to P250.00 per square meter. TC: petitioner petitioner had a lawful right to take the prope property rty sought to be expropriated. expropriated. fixed the provis provisional ional value of the land at P100.00 per square meter, for a total area of 63,220 sq. meters to be deposited with the Provincial Treasurer of  Pampanga (w/c petitioner in fact did). TC: issued issued a wri writt of pos possess session ion in favo favorr of pet petiti itione onerr. the court’s deputy sheriff placed petitioner in possession of the subject land. TC: gra grante nted d the motions motions of res respon ponden dents ts to wit withdra hdraw w the deposit made by petitioner of the provisional value of their  property proper ty amount amounting ing to P5,831 P5,831,100.0 ,100.00, 0, with a balan balance ce of  P690,900.00, remaining with the Provincial Treasurer of  Pampanga. trial court issued an order appointing three (3) commi co mmiss ssio ione ners rs to ai aid d th the e co cour urtt in th the e re rece cept ptio ion n of 

DISPOSITION: SC pegged the price at 375 php/ sq. meter- w/c is in accord with Commissioner Atienza’s recommendation. ** “Just compensation” in Art III sec. 9 shall be interpreted to mean as the fair market value of the land based on its nature and character at the time of its taking.

Paranaque vs VM Realty Corporation July 20, 1998

Nature: Petition for review on certiorari of a decision of the CA. Ponente: Panganiban, J. Facts: 

Septe temb mbe er Parañaque

20, 1993- The (P) Municipality of  filed a COM CO MPL PLA AIN INT T FOR EXPROPRIATION against (R) VM Realty Corporation over 2 parcels of land with a combined area of about 10,0 10 ,000 00 sq sq.. m. lo loca cated ted at Wa Waka kas, s, San Di Dion onis isio io,, Parañaque, Metro Manila, and covered by a Torrens Certificate of Title. a. Th This is comp compla lain intt is purs pursua uant nt to Sangguniang Bayan Bay an Re Reso solu luti tion on No No.. 93 93-9 -95, 5, s. 19 1993 93, authorizing the expropriation “for the purpose of all allevi eviati ating ng the liv living ing con condit dition ions s of the underprivileged by providing homes for the homel ho meles ess s th thro roug ugh h a so soci cial aliz ized ed ho hous usin ing g project.” b. The (P) (P) munici municipal pality ity also also alle alleged ged that that prio priorr to

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Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 | 7

 

 

value on its current tax declaration. a. Fe Febr brua uary ry 21, 21, 19 1994 94-- (R (R)) VM Re Real alty ty file filed d it its s  ANSWER containing affirmative defenses and counterclaim, alleging: 1. The complaint failed to state a cause of action because it was filed on the basis of a resolution and not on an ordina ordinance, nce, as required by RA 7160 or  the Local Government Code; 2. The cause of  action, if any, was barred by res judicata or  prior judgment. Its Answer was then treated as a Motion to Dismiss. b. Ma Marc rch h 24 24,, 19 1994 94-- (P (P)) mu muni nici cipa pali lity ty filed filed an OPPO OP POSI SITI TION ON st stre ress ssin ing g th that at th the e RT RTC C ORDE OR DER R of FE FEBR BRUA UARY RY 4, 19 1994 94 wa was s in accord with Section 19 of RA 7160 LGC, and that res judicata does not apply. apply. August 19, 1994- RTC DECI Nullif lified ied its DECISION SION:: Nul FEBRUA FEB RUARY RY 4, 199 1994 4 ORD ORDER, ER, and dis dismiss missed ed the expropriation case. (P) munic municipa ipalit lity y appeal appealed ed to CA, CA, stating stating the the follow following ing issues: a. WON the Resolution No. 93-95, s. 1993 of  Parañaque Municipal Council is a substantial compliance with the statutory requirement of  Section 19 of the LGC in the exercise of the power of eminent domain. b. WO WON N th the eir compl complai aint nt state states s no cause cause of  action. c. WO WON N th the e st stri rict ct adh dher eren ence ce to th the e lit iter eral al cons co nstr truc ucti tion on of th the e LG LGC C re resu sult lted ed in technicality standing in the way of substantial  justice (i.e. as it disallows the LGC from exercising of its power of eminent domain). d. WON the pri princi nciple ple of res res judic judicata ata appl applies ies.. CA DECISION: Affirmed RTC. Dismissed complaint.  Also dismissed the MR filed by (P) municipality. Henc He nce e the appea appeall in SC. (P) munici municipa palility ty basic basical ally ly argu ar gues es th that at “o “ord rdin inan ance ce”” an and d “r “res esol olut utio ion” n” ar are e synonymous, such that it may validly expropriate (R) VM Realty’s properties with the Sangguniang Bayan Resolution No. 93-95, s. 1993. SC says no, as

benefit of the poor and the landless… REQUISI REQ UISITES TES BEF BEFORE ORE AN LGU MA MAY Y EXER EXERCISE CISE THE POWER OF EMINENT DOMAIN: 1. An or ordi dina nanc nce e is en enac acte ted d by th the e lo loca call le legi gisl slat ativ ive e council authorizing the chief executive, in behalf of the LGU, to exercise the power of eminent domain or  pursue expropriation proceedings. 2. The powe powerr of eminen eminentt domain domain is exer exercis cised ed for for public public use, purpose or welfare, of for the benefi benefitt of the poor  and the landless. 3. The There re is paym payment ent of of just just compens compensati ation on per per Sec 9, 9, Art Art 3 of the 1987 Constitution.  A valid and definite offer has been made previously to th the e ow own ner of th the e property so sou ught to be expropriated, but said offer was not accepted. b. c.

No com comp pli lian ance ce wit with h the the 1st requisite of an ordinance. (P) muni munici cipa palility ty cited cited the case case of Camar Camarin ines es Sur v. CA which states that a Resolution was enough for the valid exercise of the power of  eminent domain. But this was decided under  BP 337, the previous LGC, which provided that a resolution was enough. On the other  hand, when this present case was instituted, RA 7160, the present LGC was already in effect and such requires an ordinance and not a resolution.

ORDINANCE

RESOLUTION

 A law. law.

Merely a declaration of the sentim sent imen entt or op opin iniion of a lawmaking body on a specific matter.

Possesses Posses ses a gen genera erall and permanent character.

Temporary in nature.

Requires Requir es maj majori ority ty vot vote e of  the members of the Sanngunian members.

 A third reading is necessary. necessary.

Issues: 1.

WON WO N a re reso solu luti tion on duly duly approv approved ed by the munic municip ipal al council has the same force and effect as an ordinance and will not deprive an expropriation case of a valid

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8 | Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 LGUs LG Us is in re real alit ity y “i “inf nfer erio ior” r” as it mu must st 2. Co Compe mpellllin ing g reas reason ons s must must exi exist st conform to the limits imposed by the national 3. Th Ther ere e are are heino heinous us crim crimes es inv invol olve ved d legislature. i. He Henc nce, e, the the co comp mpllai aint nt stat states es no caus cause e of  *Heinous crimes (as defined in RA 7659): Act or series of acts, action as it was based on a mere resolution. by the fl flag agra rant ntly ly vi viol olen entt man manne nerr in wh whic ich h the sa same me wa was s The allegation of the (P) municipality that an committed committe d or by the reason of its inher inherent ent viciousness, viciousness, shows ordi or dina nanc nce e wa was s su subs bseq eque uent ntly ly pa pass ssed ed on a patent disregard and mockery of the law, public peace and October 11, 1994 embodying the contents of  order, or public morals. It is an offense whose essential and the resolutio resolution n was not pro proven ven,, and such inhe in here rent nt vi vici ciou ousn snes ess s an and d at atro roci city ty ar are e re repu pugn gnan antt an and d does not cure the defect of the complaint outrageous to a civilized society and hence, shook the moral filed earlier on September 3, 1993. self of a people.

2.

No, the the power power of emine eminent nt domain domain is not not barre barred d by res res  judicata. a. Th The e ri righ ghtt to exer exerci cise se the the po pow wer must must be abso ab solu lute te an and d un unfet fetter tered ed ev even en by a pr prio ior  r   judgment. The scope of eminent domain is plenary plena ry,, and like polic police e power power,, can “reach every form of prope property rty which the state might need for public use. b. Pr Prin inci cipl ple e of res judi judica cata ta howev however er may appl apply y to sp spec ecifi ific c is issu sued ed de deci cide ded d in a pr prev evio ious us case, such as the issue of WON the power  may ma y be exercised on the basis of a resolution.

ISSUES: 1.

2.

WON the death penalty imposed in rape is violative of the constitutional proscription against cruel, degrading or inhuman punishment 3. WO WON N th the e de deat ath h pe pena nalt lty y is a cr crue uel, l, inhu inhuma man n or  degr de grad adin ing g pu puni nish shme ment nt fo forr th the e cr crim ime e of ra rape pe mainly because the latter, unlike murder, does not involve the taking of life. HELD: 1. No. The right of a person is not only to live but to live a quality life and this means that the rest of society is obligated to respect his or her individual personality, the th e in inte tegr grity ity and th the e sa sanc nctit tity y of hi his s or he herr ow own n physical body and the value he or she puts in his or  her own spiritual, psychological, material and social preferences prefere nces and needs needs.. Howeve However, r, the elemen elements ts of  heinou hei nousne sness ss and com compul pulsio sion n are ins insepa eparab rable le and are, in fact, interspersed with each other. Because the subject crimes are either so revolting and debasing as to violate the most minimum of the human standards of decency or its effects, repercussions, implications and con conseq sequen uences ces so des destru tructi ctive, ve, des destab tabili ilizin zing, g, debilitating, or aggravating in the context of our sociopolilitic po tical al an and d ec econ onom omic ic ag agen enda da as a de deve velo lopi ping ng nation, these crimes must be frustrated, curtailed and altogether altoge ther eradicated. eradicated. There can be no ifs or buts in the face of evil, and we cannot afford to wait until we rub elbows with it before grasping it by the ears and thrashing it to its demission.

Judgment: Denied without prejudice to municipality’s right to properly exercise the power over the same property.

Section 19

Cruel and Unusual Punishment People vs Echegaray February 7, 1997 En Banc Motion for Reconsideration

RATIO DECIDENDI:  Article III, Section 19, shall be understood as having vested the Congress with the power to re-impose the death de ath pe pena nalty lty su subj bjec ectt to a cl clea earr sh show owin ing g of  “compelling

reasons involving heinous crimes.” *in bold are those that are related to the topic FACTS: Leo Echegaray was convicted for having raped his ten

WON WO N the death penalty was imp mpo osed without compelling reasons

2.

No. Article III, Section 19 states, "Exces "Ex cessiv sive e fin fines es sha shallll not be impo imposed sed,, nor cru cruel, el,

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Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 | 9 statutes statute s now bea bearin ring g the pro proced cedura urall che checks cks tha thatt were required by the U.S. Supreme Court, said court affir af firmed med th the e co cons nsti titut tutio iona nalility ty of the new de deat ath h penalty statutes in the cases of Gregg v. Georgia, Jurek v. Texas, Texas, and Profitt v. Florida. 3. No. Such a premise is in fact an ennobling of the biblical notion of retributive justice of "an eye for an eye, ey e, a to toot oth h fo forr a to toot oth" h".. Th The e de death ath penal penalty ty is imposed impose d in heinous crimes becaus because e the perpetrators perpetrators thereof have committed unforgivably execrable acts that th at ha have ve so de deep eply ly de dehu human maniz ized ed a pe pers rson on or  criminal acts with severely destructive effects on the national efforts to lift the masses from abject poverty through organized governmental strategies based on a disciplined and honest citizenry, and because they have so caused irreparable and substantial injury to both their victim and the society and a repetition of  their acts would pose actual threat to the safety of  individuals and the survival of government, they must be per permane manently ntly prevente prevented d fro from m doi doing ng so. Sho Short rt of  homicide, it is the “ultimate violation of self.”

Echegaray vs Secretary 19 JANUARY 1999

PUNO, J. EN BANC On 4 Jan 1990, Court issued a TRO restraining execution of Echegaray. Echegaray filed TRO on 28 Dec 1998 on these grounds: (1) his execution has been set on 4 Jan 1990, the first working day of 1999 (2) members members of Con Congre gress ss had eit either her sought for exe executi cutive ve clemency and/or review or repeal law on capital punishment. The Court had to resolve whether petitioner's allegations about the moves in Congress to repeal or amend the Death Penalty Law were mere speculations or not. The Court granted TRO noting that petitioner's allegations were made in a pleading unde un derr oa oath th an and d we were re wi wide dely ly pu publ blic iciz ized ed in the pr prin intt an and d broadcast media. It was also of judicial notice that the 11th Cong Co ngre ress ss is a ne new w Co Cong ngre ress ss an and d ha has s no le less ss th than an on one e hundred thirty (130) new members whose views on capital punishment punis hment are still unexpressed. unexpressed. The presen presentt Congre Congress ss is therefore different from the Congress that enacted the Death

and Sen. Pimentel’s signature. I. Did Court los lose e jur jurisd isdict iction ion ove overr the cas case e sin since ce fin final  al   judgments can no longer be altered?  altered? 

No, the Court is not even changing its final decision. Rule on finality of judgment cannot divest this Court of its  jurisdiction to execute and enforce the same judgment. What the Court restrained temporarily is the execution of  its own Decision to give it reasonable time to check its fairness in light of supervening events in Congress as alleged by petitioner. Even after the judgment has become final the court retains its jurisdiction to execute and enforce it. There is a difference between the jurisdiction of the court to execute its judgment and its jurisdiction to amend, modify or  alter the same. The former continues even after the judgment has become final for the purpos purpose e of enforce enforcement ment of judgme judgment; nt; the latter terminates terminates when the judgment becomes becomes final. The partic par ticula ulars rs of the exe execut cution ion its itself elf,, whi which ch are cer certai tainly nly not always included in the judgment and writ of execution, in any  event are absolutely under the control of the judicial authority, while whi le the executi executive ve has no pow power er ove overr the person person of the convict except to provide for carrying out of the penalty and to  pardon. Supervening events may change the circumstance of  the parties and compel courts to intervene and adjust the rights of the litigants to prevent unfairness. To contend that only the Executive can protect the right to life of an accused after his final conviction is to violate the principle of co-equal and coordinate powers of the three branches of our  government. The powers of the Executive, the Legislative and the Judiciary to save the life of a death convict do not exclude each other for the simple reason that there is no higher right than the right to life. II. Has the Court in effect granted a reprieve which Is an exec ex ecut utiv ive e fu func ncti tion on? ? (S (Sec ecti tion on 19 19,, Ar Arti ticl cle e VII VII of th the e Constitution)

The e pr prov ovis isio ion n is si simp mply ly th the e so sour urce ce of pow power er of th the e No. Th President to grant reprieves, President reprieves, commutat commutations, ions, and pardo pardons ns and remit fines and forfeitures after conviction conviction by final judgment. judgment. It also provides the authority for the President to grant amnesty with the concurrence of a majority of all the members of the Congress. The provision, however, cannot be interpreted

as denying the power of courts to control the enforcement

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10 | Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 Department of the position of the House of Representative on Part III this thi s matt matter er and urging urging the Presiden Presidentt to exh exhaus austt all means under und er the law to imm immedi ediate ately ly imp imple lement ment the dea death th pen penalty alty law.") House Resolution No. 25 expressed the sentiment that the House ". . . does not desire at this time to review Republic Republic  Act 7659." In addition, the President has stated that he will not request Congress to ratify the Second Protocol in review of the Relevant Constitutional Provisions prevalence of heinous crimes in the country. In light of these developments, the Court's TRO should now be lifted as it Freedom of Speech, Expression, Assembly has served its legal and humanitarian purpose.  Article III, Sec. 4  Article XIV, Secs. 6, 7, 9 HELD: COURT GRANTS URGENT MOTION FOR RECON

Freedom of Expression, Association Association and Cognate Rights

AND LIFTS TRO. SEPARATE SEPARA TE OPINIONS: Vitug, J. concurs with the lifting of TRO but urges Congress to revi re view ew th the e la law w un unti till it co comp mpli lies es wi with th th the e st stan anda dard rds s of  Constitution : 1. there must be compelling reasons to justify imposition of death penalty 2. capital offense must involve a heinous crime Panganiban, J. cannot now vote to lift TRO, because to do so would mean the upholding and enforcement of law (or the relevant portions thereof) which, to him, is unconstitutional and therefore legally nonexistent.

Freedom of Religion  Article III, Sec. 5

Culture  Article XIV, Secs. 14, 15, 16, 17, 18  Article XVI, Sec. 12  Article II, Sec. 17

Right to Information  Article II, Sec. 28  Article III, Sec. 7  Article XVI, Sec. 10, 11

Participation  Article II, Sec. 1  Article V, Sec. 1  Article VI, Sec. 1  Article XIII, Secs. 15, 16  Article XVII, Sec. 1, 2  Article II, Sec. 22

Right to Education  Article XIV, Secs. 1, 5 (3)

Right to Privacy  Article III, Secs. 2, 3

Due Process and Equality  Article III, Sec. 1  Article XIII, Sec. 1  Article II, Sec. 9, 10, 14

Purposes

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Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 | 11

    

employees employe es of the Bureau has, eve every ry nig night, ht, bee been n printing printi ng Christm Christmas as cards, wedding invitation cards, term te rm pa pape pers rs for co colllleg ege e stu stude dents nts,, et etc. c. us usin ing g the properties and facilities of the Bureau of Printing and appr ap prop opri riat atin ing g th the e mo mone ney y de deri rive ved d fr from om su such ch fo for  r  personal use; that Jesus has sold wedding cards to one Artemio Holgado; that he (Godofredo) has himself  a copy of the cards which will serve as evidence; that with such racket, Jesus was able to bought a lot in Las Piñas and a coconut plantation in Quezon, and he now has a fat bank account in a bank in Manila; that he (Godofredo) can furnish more information to assist in the investigation; and that he (Godofredo) wishes to hold these information strictly confidential and his identity be withheld Godofre God ofredo do has has also also sent sent the the letter letter to to the Sec Secret retary ary of  of  General Services The office recomm mme ended to th the e Civil Service Commi Co mmiss ssio ion n th that at the ch char arge ges s ag agai ains nstt Je Jesu sus s be dismissed for being groundless Jesu Je sus s th then en comme commenc nced ed a cr crim imin inal al actio action n fo forr li libe bell against Godofredo CFI: CF I: con convi vict cted ed God Godof ofre redo do CA:: af CA affir firmed med th the e co conv nvic icti tion on

 3.  

Issues: 1. 2. 3. 4. 5.

WON WO N the letter letter is a pr priv ivilileg eged ed commun communic icati ation on which which whould whou ld ex exemp emptt th the e au auth thor or the there reof of fr from om cr crim imin inal al responsibility WON WO N Go Godo dofr fred edo’ o’s s co conv nvic icti tion on is me mere rely ly ba base sed d on presumption of malice WON the the letter letter merely merely cont contain ained ed an opini opinion on or belie belief  f  for which Godofredo incurred no criminal liabillity WON WO N the failu failure re of the defen defense se to prese present nt Arte Artemio mio Holg Ho lgad ado o as a wi witn tnes ess s sh shou ould ld be ta taken ken ag agai ains nstt Godofredo WON WO N there there really really has been been publi publica cati tion on of the lette letter  r  was only addre addressed ssed to no other than than the Director Director of  Printing

Held and Ratio: 1. 

No Privilileg Priv eged ed commun communic icat atio ion n may eithe eitherr be absolu absolute tely ly privileged or conditionally privileged. A communication is sa said id to be ab abso solu lute tely ly pr priv ivilileg eged ed wh when en it is no nott actionable, even if its author has acted in bad faith.

4. 

5. 

Godofre Godo fredo do ap appe pear ars s to be ac actua tuate ted d by ma malilice ce in send se ndin ing g th the e le lette tterr by way of re reve veng nge e to Je Jesu sus' s' mother's filing of a civil action against Godofredo’s wife for the recovery of a parcel of land Also, Als o, he shou should ld have have name named d the two othe otherr employ employees ees involved in the alleged racket and not just Jesus only No Defe De fend ndan antt co conv nvey eyed ed the im impr pres essi sion on that that he had eviden evi dence ce to sub substa stanti ntiate ate the cha charge rges s mad made e in the letter  To escape escape criminal criminal respo responsi nsibil bility ity for libel libel or slande slanderr, it is not enough for the party who writes a defamatory communication to another to say that what he (the writer) expresses is no more than his opinion or belief. The communication must be made in the performance of a "legal, moral, or social duty." Godofredo has no such su ch du duty ty to co conv nvey ey hi his s op opin inio ion n or be belilief ef ab abou outt complainant's moral fiber to the Director of Printing or  the Secretary of Gener General al Services. Moreover, Moreover, he has no reasonable ground to have the court believe that Jesu Je sus s is on one e of th thos ose e un unfi fitt me memb mber ers s of th the e government. Godofredo has no legal right, much less less duty, to gossip, or foster the circulation of rumors, or   jump at conclusions, and more so if they are gratuitous or groundless. Otherwise, the freedom of  spee sp eech ch,, whi hich ch is gu guar aran ante teed ed wit ith h a vi view ew to stren str engt gthe heni ning ng ou ourr de democ mocra rati tic c in insti stitut tutio ions ns an and d promoting the general welfare, would be a convenient excuse exc use for the har harras rassmen smentt of of office ficers rs or peo people ple concer con cerned ned,, to the det detrime riment nt of pub public lic ser servic vice e and public order. Yes He shoul should d ha have ve known known that that Ho Holg lgad ado' o's s te test stim imon ony y would have been the best proof. His failure, not only to introduce said testimony, but also, to explain why he did not do so, necessarily weakened his defense. Yes Defend Def endant ant had, had, likew likewise ise,, sent sent a copy copy to the the Secreta Secretary ry of Gen Genera erall Ser Servic vices. es. Mor Moreov eover er,, con consid sideri ering ng tha thatt Godofredo had explicitly asked an investigation, it is obvious that the reading of the letter by other persons othe ot herr th than an th the e to wh whom om th the e le lett tter er is or orig igin inal ally ly addres add ressed sed was pre precis cisely ely wha whatt the def defend endant ant had envisa env isaged ged and sou sought ght.. Even Even,, how however ever,, if no oth other  er  person per son than the Director Director of Pri Printi nting, ng, to who whom m the letter was addressed, had read it, still such fact is

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12 | Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 half-tr hal f-truth uths, s, or of sla slante nted d or dis distor torted ted ver versio sions ns of fac facts ts or  Seve Se ven” n” gro roup up.. “Wh When en la lawy wyer ers s sp spea eak k of th the e accusations which he made no bona fide effort previously to Magnificent Seven one has to make sure which group verify, and which he does not or disdains to prove, cannot be they are referri referring ng to. Makati Makati’s ’s Magnificent Magnificent Seven are  justified as a legitimate exercise of the freedom of speech and a bunch of Makati RTC judges who fix drug-related of the press guaranteed by the Constitution and cannot be cases. The Magnificent Seven in the SC consists of a dee eeme med d an ac acti tivi vity ty sh shie iellde ded d fr fro om sa sanc ncti tion on by th that at group of justices who vote as one. constitutional guaranty; 3. Oct 21, 21, 1992: 1992: he he dubbed dubbed anoth another er group group as the the “Dirty “Dirty (2) that such utterance or publication is also violative of "The Dozen” “These judges, I am told, are not satisfied Phililip Ph ippi pine ne Jou Journ rnal alis ist' t's s Co Code de of Et Ethi hics cs"" wh whic ich, h, int with accepting bribes; they actually sell their decisions inter er ali alia, a, commands the journalist to "scrupulously report and interpret to the litigant litigants s tha thatt off offer er the larger larger bri bribe. be. Each of  the news, taking care not to suppress essential facts nor to these th ese ju judg dges es re repo porte rtedly dly ha has s go go-b -betw etwee eens ns wh who o distort the truth by improper omission or emphasis," and makes approach the litigants and solicit their bids for what is it his duty "to air the other side and to correct substantive clea cl earl rly y an au auct ctio ion n for th the e ju judg dge’ e’s s de deci cisi sion on.” .”  errors promptly;"  According to him, the Dirty Dozen is the most corrupt. (3) that such an utterance or publication, when it is offensive to MultiMul ti-nat nation ionals als and fin financ ancing ing ins institu titutio tions ns exp explic licitly itly the dignity and reputation of a Court or of the judge presiding stip st ipul ulat ate e in th thei eirr ag agre reem emen ents ts th that at li liti tiga gati tion on in over it or degrades or tends to place the courts in disrepute connection with their contracts may be held anywhere and dis disgra grace ce or oth otherw erwise ise to deb debase ase the adm admini inistra stratio tion n of  in Metro Manila except in Makati; and lawyers confirm  justice, constitutes contempt of court and is punishable as such that Makati judges are the most corrupt. after due proceedings; and 4. Nov 9, 1992 column mn:: he wro rote te about a former  (4) tha thatt pre presci scindi nding ng fro from m the obv obviou ious s pro propos positi ition on tha thatt any appellate justice who holds office at a restaurant near  aggrieved party may file a complaint to declare the utterer or  the CA building and is known as the contact man of  writer wri ter in con contemp tempt, t, the ini initia tiatio tion n of app approp ropria riate te con contemp temptt five CA divisions.  Jan 29, 1993 column: he referred procee pro ceedin dings gs aga agains instt the latter by the court is not only its to the same CA justice as being “known for fixing prerogative but indeed its duty, imposed by the overmastering cases for 5 CA divisions for a fee. And if the price is need to preserve and protect its authority and the integrity, right, the lawyer of the litigant paying can even write independence and dignity of the nation's judicial system. his own decision using a CA justice as a ponente. This Thi s exex-jus justic tice e hol holds ds cou court rt at the mezzanine mezzanine of a restau res tauran rantt own owned ed by the wi wife fe of a for former mer Marcos FACTS:  Em Emil ilia iano no P. P. Ju Jura rado do is a jo jour urna nali list st who who wr writ ites es in a cabinet member, and which has become a meeting news ne wspa pape perr of ge gene nera rall ci circu rcula lati tion on,, th the e “M “Man anilila a place pla ce for jud judges ges,, CA jus justic tices, es, pra practic cticing ing law lawyer yers, s, Standa Sta ndard. rd.”” His col column umn is enti entitle tled d “Op “Opini inion” on” he prosec pro secuto utors rs and even SC jus justice tices. s. The former CA describes descri bes himself as a column columnist ist who “incid “incidental entally ly  justice also has his own Chinese contact. hap ha ppe pens ns to be a la lawy wyer er,” ,” ins nsis isti ting ng th that at hi his s 5. Mar March ch 24, 24, 1993 1993 column column:: he claim claimed ed that that one one can get get

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Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 | 13 EVENTS DIRECTLY GIVING RISE TO THE PROCEEDING AT BAR  Th The e se seed ed of th the e pr proc ocee eedi ding ng at ba bar: r: the so-c so-cal alle led d contro con trover versia siall cas case e of  “Ph “Phili ilippi ppine ne Lon Long g Dis Distan tance ce Tel elep epho hone ne Comp Co mpan any y v. East Ea ster ern n Tel elep epho hone ne Philippines, Inc. (ETPI)” . The vote was 9 to 4 in favor  of PLDT. Mr. Justice Hugo E. Gutierrez, Jr. wrote the opinion of the majority,  In conne connect ctio ion n wi with th th the e ca case se,, th the e Ph Phil ilip ippi pine ne Da Dail ily y Inquirer along with 2 other newspapers published a report of the affidavit of a linguistics expert, Mr. Davild Miles Mil es Yerke erkes. s. He has bee been n com commis missio sioned ned by the ETPI to examine and analyze the decision of Justice Gutierrez in relation to a few of his prior ponencias and the writings of one of the lawyers of PLDT, Mr. Eliseo Alampay to ascertain if the decision had been writ wr itte ten n by th the e la latte tterr. Yer erkes kes co conc nclu lude ded d th that at th the e Gutierrez decision “looks, reads and sounds like the writing of the PLDT’s counsel.”  The Yerke kes s reve vellati tio ons spaw awn ned mo morre public discussion and comment about the judiciary and the SC.. Th SC Ther ere e wer ere e ca call lls s fo forr imp mpea each chme ment nt an and d resignation. There were derogatory statements about the jud judici iciary ary.. The ter term m “Ho “Hoodl odlums ums in Rob Robes” es” was coined.  At about this time and under these

circumstances, circumstan ces, Jurado wrote in his colu column mn on Feb Fe b 8, 19 1993 93,, “W “Who ho wi will ll ju judg dge e th the e Ju Just stic ices es?” ?” referring among other things to a report that six  justices, their spouses, children, and grandchildren (36 total) spent a vacation in Hong Kong Ko ng so some me ti time me la last st ye year ar an and d th that at al alll th thei eir  r  expenses were paid by a public utility firm and

arrangement arrange ments s wer were e mad made e by the them m at the instance of the PDLT for the trip referred to in the Jurado column.  Atty Atty.. Willia William m Veto, Veto, the in-ho in-house use couns counsel el of Equit Equitabl able e Banking Corporation since 1958, deposed that on Jan 5, 1993 he had hosted a lunch party at the Officers’ Loun Lo unge ge,, 7th Fl Floo oorr of th the e Eq Equi uita tab ble Ba Bank nkin ing g Corp Co rpor orat atio ion n Bu Builildi ding ng,, Er Ermi mita ta Bra Branc nch h up upon on pr prio ior  r  permission obtained; that the expenses paid for said party were exclusively from his personal funds and the food was prepared in his house by his wife and served by his house help and 4 waiters hired from the near ne arby by Bar Barri rio o Fi Fies esta ta re resta staur uran ant; t; th that at am amon ong g the invited guests were members of the SC and CA who were his friends of 40 years since their law school days; and that the party was held in the lounge of the bank ban k bec becaus ause e his birthday birthday happened happened to fal falll on a working day and his friends from the bank suggested that the party be held there.  This was reported in Jurado Jur ado’s ’s col column umn (Manila (Manila Stan Standar dard d Jan 12 and 28, 1993 19 93 is issu sues es)) as ha havi ving ng be been en “h “hos oste ted d (b (by y th the e Equita Equ itable ble Ban Bank) k) at its pen pentho thouse use mai mainly nly for som some e  justices, judges, prosecutors and law practitioners.”  The Court also received info fr fro om th the e Ad Hoc Committee o Th The e Chai Chairma rman n of of the the commi committe ttee e exte extend nded ed an an invitation invita tion to Emil to defin definitely itely and accura accurately tely determine the facts as regards the published rumor ru mors s an and d re repo ports rts of cor corru rupt ptio ion n in th the e  judiciary  Emil failed to appea appear. r. Instead, Jurado stated in his column Feb 4, 1993 that he was told he was being summoned by the  Ad hoc committee but “there is really no need to summon me. The committee can go

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14 | Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 news new s or info informa rmatio tion n obt obtain ained ed in con confide fidence nce,, and points out that none of the matters subject of his columns has any bearing on the security of the state.  Mr Mr.. Ermin Ermin Garcia Garcia,, Jr Jr.. (P (Pre res s Citi-W Citi-Wor orld ld Tra Trave vell Mart Corpor Cor porati ation) on) and Mrs Mrs.. Mar Mariss issa a de la Paz (Ge (Gener neral al Manager of Philway Travel Corporation) denied ever  having made any travel arrangements for any of the Justices of the SC or their families to HongKong.  Ju Jura rado do alleg alleged ed that that th the e sw swor orn n st stat atem emen ents ts of Mr Mr.. Garcia, Jr. and Mrs. De la Paz are affirmations of their   own personal knowledge; that Jurado had no specific knowledge of the contents of these, let alone their  veracity.  Jur Jurado ado also also soug sought ht clarif clarifica icatio tion n on two two points points—as —as to to the th e ca capa paci city ty in wh whic ich h he is be bein ing g ci cite ted d in the these se adminis admi nistra trative tive pro procee ceeding dings—w s—wheth hether er as ful fulll tim time e  journalist or as a member of the bar and why he is being singled out from the other media who had also written about the wrongdoings in the judiciary.   Th The e Court Court inform informed ed Jurad Jurado o that its its Resolu Resoluti tion ons s had been addressed to him in his capacity as a full-time  journalist who coincidentally happens to be a member  of the bar at the same time.  Ju Jura rado do moved moved for the the termin terminat atio ion n of the proce proceed edin ing g on the ff premises: o Th The e cour courtt has no no admi admini nistr strat ativ ive e super supervi visi sion on over him as a member of the press or over  his work as a journalist. o Th The e prese present nt admi admini nist stra rati tive ve matt matter er is not not a citation for (a) direct contempt as there is no pending cases or proceeding out of which a direct dir ect con contemp temptt cha charge rged d aga agains instt him may  arise, or (b) indirect contempt as no formal charge for the same has been laid before the

the integrity and orderly functioning functioning of the administration of justice…For the protection and maintenance of freedom of expression itself can be secured only within the context of a fu func ncti tion onin ing g an and d or orde derl rly y sy syst stem em of  dispen dis pensin sing g jus justic tice, e, wit within hin the con contex text, t, in othe ot herr wor ords ds,, of vi via abl ble e in inde depe pend nden entt institutions for delivery of justice which are accepted by the general community.” Every Eve ry perso person n ex exer erci cisi sing ng the const constit ituti ution onal al right right of  freedom of expression, as the Civil Code stresses, obliged “to act with justice, give everyone his due and observ obs erve e hon honesty esty and goo good d fai faith.” th.”1 It may not be availed availe d of to broadcast lies or half-truths—this half-truths—this would not be “to observe honesty and good faith”; it may not be us used ed to in insu sult lt ot othe hers rs,, de destr stroy oy the their ir na name me or  reputation reputa tion or bring them into disrepute—this disrepute—this would not be “to act with justice” or “give everyone his due.” Judges are comm mmo only and rightly regarded as voluntarily subjecting themselves to norms of conduct which embody more stringent standards of honesty, inte in tegr grity ity,, an and d co comp mpet eten ence ce th than an ar are e co commo mmonly nly required from private persons. Nevertheless, persons who seek or acc accept ept appointme appointment nt to the Judiciary Judiciary cannot can not rea reason sonably ably be reg regard arded ed as hav having ing ther thereby eby forfeited any right whatsoever to private honor and reputa rep utatio tion. n. The pro protec tection tion of the rig right ht of ind indivi ividua duall person per sons s to pri private vate reputati reputations ons is als also o a matt matter er of  public interest and must be reckoned with as a factor  in identifying and laying down the norms concerning the exercise of press freedom and free speech. The Th e point point of ad adju justm stmen entt betwee between n the publi public c intere interest st involv inv olved ed in fre freedo edom m of spe speech ech and the ind indivi ividua duall interest of judges in the maintenance of private honor 

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Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 | 15 is cen censur surabl able. e. His pro proffe ffered red exp explan lanati ation: on: that the  justices having confirmed their presence at the luncheon, thus corroborating what he had written in vita vi tall de deta tailils s an and d ma maki king ng fu furth rther er su subs bsta tanti ntiati ation on unnece unn ecessar ssary y, and tha thatt his rep report ort con constit stitute uted d fai fair  r  comment com ment on the pub public lic conduct conduct of pub public lic of office ficers, rs, obviously does not at all explain why a party given by  Atty. Veto was reported by him as one tendered by Equitable Equita ble Bank. Paraphrasing Paraphrasing the Code of Ethics, he failed to scrupulously report and interpret the news; on the contrary, his failure or refusal to verify such essential facts as who really hosted and tendered the luncheon and spent for it, and his playing up of the Bank’s supposed role as such host have resulted in an improper suppression of those facts and a gross distortion of the truth about them.  Co Cont ntemp emptt is pu puni nish shab able le,, ev even en if commit committe ted d withou withoutt relation to a pending case. Philippine jurisprudence parall par allels els a res respec pectab table le arr array ay of Eng Englis lish h dec decisi isions ons holding contumacious scurrilous attacks against the courts calculated to bring them into disrepute, even when made after the trial stage or after the end of the proc pr ocee eedi ding ngs. s. Th The e or orig igin inal al do doct ctri rine ne la laid id dow down n in People vs. Alarcon, --that there is no contempt if there is no pe pend ndin ing g ca case se—h —has as be been en ab aban ando done ned d in subsequent rulings of this Court.  Jurado wou oulld also claim that the Court has no administrative supervision over him as a member of  the press or over his work as a journalist, and asks why he is being singled out, and, by being required to submit sub mit to a sep separa arate te adm admini inistr strati ative ve pro procee ceedin ding, g, treated treate d diffe differently rently than his other colleagues colleagues in media who were onl only y aske asked d to exp explai lain n the their ir rep report orts s and comments about wrongdoing in the judiciary to the Ad



 

publis publ ishe hed d by hi him m wh whic ich h wa was s re reve veal aled ed to hi him m in confidence. Fals Fa lse e report reports s ab abou outt a publi public c offici official al or other other perso person n are not shielded from sanction by the cardinal right to free speech in the Constitution. The US SC, while asserting that “under the First Amendment there is no such su ch thi thing ng as a fa fals lse e id idea ea,” ,” an and d th that at “h “how oweve ever  r  pernicious an opinion may seem, we depend for its correction not on the conscience of judges and juries but on the competition of other ideas,” ideas,”2 nonetheless made mad e th the e fi firm rm pr pron onou ounc nceme ement nt tha thatt “t “the here re is no constitutional value in false statements of fact,” and the th e er erro rone neou ous s st state atemen mentt of fac factt is no nott wo worth rthy y of  constitutional protection.” “Neither the intentional lie nor the careless error materially advances society’s interest in ‘unhibited, robust, and wide-open’ debate on public issues. New York Times Co. v. Sullivan . They belong to the category of utterances which are ‘no essential part of any exposition of ideas, and are of such slight social value as a step to the truth that any benefit that may be derived from them is clearly outw ou twei eigh ghed ed by th the e so soci cial al in inte tere rest st,, in or orde derr an and d morality.’ Chaplinsky v. New Hampshire. The kn kno owingly fa fallse sta tate teme men nt and the fa fallse statement made with reckless disregard of the truth, do not enjoy constitutional protection. Jurado Jur ado’s ’s actuati actuations ons demonst demonstrat rate e gro gross ss irrespon irresponsib sibili ility ty,, and indifference to factual accuracy and the injury that he might cause to the name and reputation of those whom he wrote. They constitute contempt of court, directly tending as they do to degrade or abase the administration of justice and the judges engaged in that function. By doing them, he has placed himself  bey be yon ond d th the e ci circ rcle le of re repu puta tab ble de dece cent nt an and d

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16 | Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 revelation is demanded by the security of the State. 2007 RA 1477 amended RA 53 by changing the phrase (A.M. No. 07-09-13-SC) “int “i nter eres estt of th the e Sta State te”” to “s “sec ecur urity ity of Sta State te.” .” Th The e change limited the right of the State to share with Date: August 8, 2008 newsmen their confidential sources of information. Ponente: Reyes  Th The e protec protecti tion on of RA 53 53,, as amend amended ed by RA 14 1477 77 to Facts: newsmen, provides but one ground which can force a  Amado Macasaet writes a daily column in Malaya, a newsman new sman to rev reveal eal the sou source rce of his con confid fidenti ential al newspa new spaper per of gen genera erall cir circul culatio ation. n. In the Sep Septemb tember er 18-2 18-21, 1, information—when demanded by the security of the 2007 issues of the newspaper, newspaper, Macasa Macasaet et publi published shed articles containing statements and innuendos about an alleged bribery State.  In re: Angel J. Parazo: the Court adjudged newsman incide inc ident nt in the Sup Supreme reme Court. The bri bribery bery was all allege egedly dly Parazo in contempt of court for refusing to divulge the committ com mitted ed on sep separa arate te occ occasi asions ons in the second week of  source of his story regarding leakage of questions in September 2010, wherein 5 boxes were delivered to the Court some so me su subj bjec ects ts in th the e 19 1948 48 Ba Barr Ex Exam am.. Pa Para razo zo and were received by a certain “Cecilia” who as a staff of one cont co nten ends ds th that at un unde derr RA 53 53,, he co coul uld d on only ly be lady Justice for whom the boxed were for. Because the Justice compell comp elled ed to rev reveal eal the source of his informati information on was then absent and believing that the gift might be perishable, when the “revelation is demanded by the interest of  Cecilia opened one of the boxes and saw an estimated P10 the State.” The Court rejected his argument as it held million milli on cash. Cecili Cecilia a informed the Justic Justice e about it, after which that the 2 terms are not synonymous, the first being the Justice fired her. The “gift” was allegedly in connection with broa br oade derr th than an the se seco cond nd.. It th then en ru rule led d tha thatt the a dec decisi ision on ren render dered ed by the Jus Justice tice “ac “acqui quitti tting” ng” a Fil Filipi ipinonomaintenance of high standard of the legal profession Chinese businessman from charges of corruption. The articles qualifies as an “interest of the State” the promotion of  contained contai ned statements saying that the courts are dirty dirty,, that the which is a good ground to compel newsmen to break reputation of the Court is now soiled and sagging, that the lady the confidentiality of their sources of news. The Court Justice shamed her Court and that she should be impeached. ruling did not sit well with Congress  June 15, 1956:  Also, on September 20, 2007, Marites Vitug, EIC of  RA 1477 was enacted changing the phrase “interest Newsbreak , faxed a letter to SC Associate Justice Ynaresof the State” to “security of State.” Santiago asking her to 1)explain the reversal of her decision in  Evi Eviden dence ce on rec record ord fail failed ed to pro prove ve clear clear and and prese present nt the graft case against Go 2)comment on the allegations that danger to the administration of justice, hence, there is she sh e re rece ceiv ived ed a ca cash sh gi gift ft of P1 P10 0 mi millllio ion n af after ter issuin issuing g th the e no need to task respondent to reveal the sources of  decision re: Go and 3) confirm the removal of her secretary his information in order to prove that his reports about after opening the box. Ynares-Santiago Ynares-Santiago called for Assista Assistant nt  judicial corruption are not patent falsehoods. The Court Administrator Midas Marques to tell Vitug that she had Court should always adopt an approach that is less been consistent on her position in the Go case, that she never  destructive of freedom of speech and of the press. received a cash gift, and that no secretary was terminated for 

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Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 | 17 Ratio: Justice Reyes started with a long exposition on the nature and history of press freedom, the role of the media, the  judiciary and judicial independence and a detailed survey of  Philip Phi lippin pine e jur jurisp isprud rudenc ence e on the mat matter ter.. He put so muc much h emphasis on the need for the co-existence of an independent   judiciary and a free press in a democratic state, and the balance between these conflicting interests. The Court recognizes that it has no problems with legitimate criticisms pointing out flaws in their decisions,  judicial reasoning, or how they run their public offices, but the Court is of the opinion that the articles of Macasaet crossed this line. The Court opines that Macasaet’s articles do nothing but damage the integrity of the Court undermine the faith and confidence of the people in the judiciary, and threaten judicial independence. The Court relied on the “falsity and negligence” test it used in In Re Jurado in finding finding Macasaet Macasaet guilty guilty of indir indirect ect contemp con temptt of cou court.M rt.Maca acasae saett pub publis lished hed hig highly hly spe specul culati ative ve articles based on specious information, without any regard for  the injury it will cause to the reputation of the juidiciary and the effective administration of justice. The terms he used such as

for failure to assert such right. From the outset the Committee was a “fact-finding” one, making Macasaet believe that there would be a separate occasion for a cross-examination. The testimonies should have been inadmissible as evidence. Substantive: The majority opinion made use ofthe Jurado test  in holding Macasaet in contempt: 1) whether the story was false and 2) whether Macasaet could have prevented the publication of the false story by exercising diligence in verifying its veracity. Carpio believes that instead, the Court should have used two theoretical formulas adopted long before the Jurado test  to serve as “judicial scales” upon which the competing interests are weighed: 1) the “clear and present danger” rule and 2) the “dangerous tendency” rule. The “clear and present danger” rule means that the evilil co ev cons nseq eque uenc nce e of th the e co comme mment nt or utt utter eran ance ce mus mustt be extreme ext remely ly ser seriou ious s and the deg degree ree of imm immine inence nce ext extrem remely ely high hi gh.. Un Unde derr th this is ru rule le,, th the e ad advo voca cacy cy of id idea eas s ca cann nnot ot constitutionally be abridged unless there is a clear and present danger dan ger tha thatt such advocacy advocacy wil willl har harm m the admi adminis nistra tratio tion n of   justice.

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18 | Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 open op ened ed the bo box. x. In Inde deed ed,, it wa was s a gi gift ft – es esti tima mated ted at P10 shamed her court. She should resign or be impeached. million. Posthaste, the secretary informed the magistrate about That is the only way the soiled reputation of the Highest Court the gift. She thought she was doing her job. The lady justice could be restored. fired her instead. September 20, 2007 – She would not have anybody catch her accepting a bribe. But Cecilia, please save the court  she practically did. I have established the lady justice’s secretary who opened one The stupidity here is that the bribe-giver – what else would we of the five milk boxes containing containing bribe money is a niece of the call him or her – did not check whether the lady justice was in late, respected and honorable Associate Justice Cecilia Muñoz the office or not. Better still he or she could have the box full of  Palma from Batangas. money delivered to her home. But then her family would get to The secretary is a niece of the late justice and a namesake. know about and ask who was the kind soul that was so liberal Cecilia, you have a duty to honor the memory of your aunt, with money – a boxful of it. who, during her stay in the court, was known for having balls. The Supreme Court cannot let this pass. A full investigation More important than that, you have a duty to save the sagging should be conducted. The magistrate who was sent the bribe reputation of the Supreme Court. should be impeached. Cecilia, you must tell the Court en banc everything you know The gift gives proof to the pernicious rumor that the courts are about the money that was sent in five boxes to your boss. dirty. This time, the lady justice is with a higher court. Not in retaliation for your dismissal, but for no other reason The court is like a basket of apples. There a few which are than as a duty to your country and, I must again say, to honor  rotten that makes the whole basket rotten. the memory of your late illustrious aunt, a legal luminary and The names and reputa reputation tion of highl highly-resp y-respected ected jurists must be staunch defender of the Constitution. saved from suspicions they are thieves. The other reason you must spill the beans is that if you do not, other lady justices are suspects. That is not fair to them. Here’s the clue

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Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 | 19 US vs Bustos G.R. No. L-12593 March 8, 1918

Ponente: Justice Malcolm Facts: In the latter part of 1915, numerous citizens petitioned to the Executive Secretary through the Cross field and O’ Brien law office charging charging Roma Roman n Pun Punsal salan, an, Jus Justic tice e of Pea Peace ce of  Macabe Mac abebe be and Masa Masanto, nto, Pamp Pampang anga a wit with h Mal Malfea feasan sance ce in Office. First information: Francisca Polintan desiring to make complaint against Mariano de los Reyes, was told by the judge to give P5 then P3 afterwards and she also served as maid for  4 days in the judge’s house and took from her two chickens and twelve “gandus” Second information: Valentin Sunga was told to give him hi m (j (jud udge ge)) P5 P50 0 if he wa want nt to wi win n hi his s ca case. se. Sunga Sunga ga gave ve nothing, a few days later he was informed that he lost his case. The justice again told him that he could still win on appeal if he would pay P50. Thir Th ird d in infor format matio ion: n: Le Leon onci cio o Qu Quia iamba mbao o fi file led d fo forr a complaint for assault against 4 persons, on the trial date, the

 Although the charges are probably not true as to the justice of  peach, they were believed to be true by the petitioners. Good faith surrounded their action. The defendants are entitled to the protection of the rules concerning qualified privilege. Instead of  punishing citizens for an honest endeavor to improve the public serv se rvic ice, e, we sh shou ould ld ra rathe therr co comme mmend nd th them em fo forr the their ir go good od citizenship. Disposition: Defendants are acquitted. Costs de officio.

Separate Opinion Justice Carson: The doctrine in the former US v. Bustos Case has long since since been abandone abandoned d by this court. That case is identical to the present case.

US vs Perfecto G.R. No. 17493 Johnson, J.: Oct 11 1920 – An Assistant prosecuting attorney of Manila filed a complaint in CFI Manila charging the defendants with the crime of sedition in violation of Section 8 of Act No. 292 as

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20 | Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 and unlawfully violated neither section 8 of Act No. 292, as found guilty in the Court of First Instance which was affirmed amen am ende ded d by se sect ctio ion n 1 of Ac Actt No No.. 16 1692 92,, no norr an any y ot othe her  r  by the Court of Appeals. provisions of said Act No. 292. +SC held that his acts was not supposed to incite rebellion, go Law: agai ag ains nstt go gove vern rnmen mentt of offic ficia ials ls,, or to di distu sturb rb pe peac ace e in th the e RP Art. 142 - Inci Inciting ting to sedit sedition. ion. — The penalty of prision community. To hold otherwise, based on the evidence, would correccional in its maximum period and a fine not exceeding be to ab abri ridg dge e th the e fr free eedo dom m of the press press in th the e Phi Phililipp ppin ine e 2,000 pesos shall be imposed upon any person who, without Islands, Island s, which abridgment abridgment would be in direct contra contraventio vention n of  taking any direct part in the crime of sedition, should incite the provisions of of the Jones Law, par. 13, sec. 3 othe ot hers rs to th the e acc accom ompl plis ishme hment nt of any of th the e ac acts ts wh whic ich h +U.S. vs. Bustos, 37 Phil. 731. - It is not only a right but a duty consti con stitute tute sed sediti ition, on, by mea means ns of spe speech eches, es, pro procla clamati mations ons,, for a citizen of a state to present their grievances against the writings, emblems, cartoons, banners, or other representations gov't. tending to the same end, or upon any person or persons who - The free press is the best avenue for that purpose. shallll utte sha utterr sed sediti itious ous wor words ds or spe speech eches, es, wri write, te, pub publis lish, h, or  -Commenting on the gov't is essential for a civilized circul cir culate ate scu scurri rrilou lous s lib libels els aga agains instt the Gov Govern ernment ment (of the society and a good government. It is also a necessary United States or the Government of the Commonwealth) of the consequence of republican and democratic institution, Philippines, or any of the duly constituted authorities thereof, or  and the complement of the right of free speech. which tend to disturb or obstruct any lawful officer in executing +The freedom of the press consists in the right to publish the the functions of his office, or which tend to instigate others to truth, with good motives and for justifiable ends, although said cabal cab al and mee meett tog togeth ether er for unl unlawf awful ul pur purpos poses, es, or whi which ch publication may be offensive to the Government, to the courts, suggest or incite rebellious conspiracies or riots, or which lead or to individuals. or tend to stir up the people against the lawful authorities or to Chie Ch ieff Ju Justi stice ce Marsh Marshal alll of the US SC "A ng tho disturb the peace of the community, the safety and order of the

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Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 | 21 intended intend ed to cre create ate dis distur turban bance ce and not mer merely ely to persua per suade de the aud audien ience, ce, all the mor more e bec becaus ause e he added the drama of a fake suicide.

o

It is argued that article 142 refers to libelous acts against the government only and what the accused did was specifically against the Roxas administration therefore he cannot be convicted cannot be upheld.  Article 142’s language clearly includes “or any of the duly constituted authorities thereof”. Further Furth ermo more re,, th the e su subs bsta tanc nce e of se sedi diti tion on is tha thatt it induces people to resort to illegal methods to express discontent discon tent in the govern government. ment. Clearly, Clearly, Espuel Espuelas as is guilty gui lty of thi this. s. His whole whole let letter ter reflects reflects the ide idea a of  violence. He glorifies the situation in Central Luzon, the Huk Hukbal balaha ahaps, ps, Jul Julio io Gui Guille llen n and the ban bandit ditry ry in Leyte, Ley te, whi which ch are instances instances of fla flagra grant nt and armed atta at tacks cks ag agai ains nstt th the e la law w, wh whic ich h sh show ows s tha thatt th thes ese e unlawful acts may be justified in comparison to the “dirty government” run by the Roxas administration.  Also, he the term Juez de Cuchillo which, in





She mad made e a sta state teme ment nt whic which h was was publ publis ishe hed d in La Van angu guar ardi dia a cri critic ticiz izin ing g th the e act acts s of  certain cert ain gov govtt off offici icials als in con connec nectio tion n w/ the rece re cen ntl tly y held general electi tio on for   Assemblymen o She sai said d that that govt govt offi offici cial als s like like Hon. Hon. Eulog Eulogio io Rodriguez and even the then Pres. Manuel Quezon were campaigning and were using govtt mac gov machin hineri eries es to fla flatten tten the opp opposi ositio tion n and ensure the vic victory tory of the their ir par party ty,, the Nacionalista Party The day day after after the the publi publicati cation, on, Plan Planas as recei received ved a let letter  ter  from Jose Vargas, Sec to the Pres, who, under the authority of the Pres, directed her to appear before Gil, Gi l, Co Commi mmiss ssio ione nerr of Ci Civi vill Se Servi rvice ce,, to pr prov ove e he her  r  stat st atem emen ents ts an and d th that at fa fail ilur ure e to do so wo woul uld d be suffici suf ficient ent cau cause se for her sus suspen pensio sion/re n/remova movall fro from m office Plan Pl anas as appea appeare red d before before Gil Gil and raise raised d the issue issue of  lack la ck of ju juri risd sdic icti tion on an and d as aske ked d Gi Gill to de desi sist st fr from om investigating her  Befor Be fore e the jurisd jurisdic icti ti al iss lved lv ed by Gil

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22 | Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 law   Abs Absent ent any any statu statutory tory pro provis vision ion auth authoriz orizing ing the the Pres Pres to conduct an investigation and in view of the nature and character of the executive authority of the Pres, the constitutional grant to the President of the power  4. to exe exerci rcise se gen genera erall sup superv ervisi ision on ove overr all loc local  al   govts and to take care that the laws be faithfully   executed must be construed to authorize him to order an investigation of the act or conduct of the

Beside Besi des, s, inv nves esti tiga gati tio on wou ould ld st stil illl be un und der th the e authority vested in the Pres to take care that laws be faithfully executed

WON pet WON etit itiion oner er ha has s abu buse sed d he herr rig ight ht to fr free ee speech NOT AT ISSUE Plan Pl anas as cont conten ends ds that that if she did did abuse abuse her her right right to speech, then a criminal action should be filed against

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Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 | 23 privilege. Mandamus does not lie. Held

Ratio

1.

It is a duty of Far Eastern to requ re quir ire e th the e su subm bmis issi sion on of a manuscript as a requirement in broadcasting speeches.

SC doe does not not uph uphold claim that Far   Eastern had no right to require the subm su bmis issi sion on of th the e

construed constr ued as syn synony onymous mous wit with h "[s "[supp uppres ress]" s]" or "pr "prohi ohibit bit"" (Kwong Sing vs. City of Manila, 41 Phil., 103)." Such abhorred abuse of authority in conferring this prerogative to the whims and an d ca capr pric ice e of a si sing ngle le ma man n wo woul uld d be ta tant ntam amou ount nt to "unregulated discretion or without laying down rules to guide and control his action by which its impartial execution can be secured or partiality and oppression prevented." The Court said that the constitutional right to free speech and peacefull assembly was a fundamental right of the people and peacefu

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24 | Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 Committ Com mittee, ee, or Pol Politi itical cal gro group up to nom nomina inate te candid can didate ates s for any ele electi ctive ve pub public lic off office ice voted for a large earlier than one hundred and fifty days (150) immediately preceding an election, and for any other elective public  offi of fice ce ea earl rlie ierr th than an ni nine nety ty da day ys (9 (90) 0) immediately preceding an election. o SEC 50 50-B. Lim Limita itatio tion n upo upon n the per period iod of  Electi Ele ction on Cam Campai paign gn or Par Partis tisan an Pol Politi itical  cal 

problems or issues, or fr fro om men me nti tion onin ing g th the e na name mes s of th the e candidates candi dates for publi public c offic office e whom he supports. June Jun e 22, 1967 1967 - Petit Petition ioners ers chal challen lenged ged the the validi validity ty of  the two new sections abovementioned. They said that the enf enforc orcemen ementt of RA 4880 wou would ld pre prejud judice ice the their  ir  basic rights such as their freedom of speech, freedom of assembly and their right to form associations or 

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Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 | 25 Revised Election Code. Sec. 10, Sec. 10, Art Art VII VII:: "No "No trea treaty ty or or law law may may be decl de clar ared ed unco un cons nsti titu tuti tion onal al with wi thou outt the th e concurrence of two-thirds of all the members of the (Supreme) Court.” Sena Se nato torr Tañ añad ada: a: He ju justi stifi fied ed RA 4880’s 4880’s enact enactmen mentt under the clear and present danger doctrine, there being the substantive evil of electi elections, ons, whether for  nati na tion onal al or lo loca call of offi fici cial als, s, be bein ing g de deba base sed d an and d o





Limita Limi tati tion on on th the e pe peri riod od of “e “ele lect ctio ion n ca camp mpai aign gn”” or  “par “p arti tisa san n po poliliti tica call ac acti tivi vity ty”” su suff ffer ers s fr from om the fa fatal tal consti con stituti tutiona onall inf infirmi irmity ty of vag vaguen ueness ess and may be stricken down. o Whe Where re the the statut statutory ory pro provi visi sion on then then oper operat ates es to inhibit the exercise of individual freedom affirmatively affirma tively protected by the Consti Constitution tution,, the imp imputat utation ion of vag vaguen ueness ess suf suffic ficien ientt to invalidate the statute is inescapable.

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26 | Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 rule and void for vagueness.

Concepts:  Freedom of Expression o

At the the very very lea least st,, free free spe speech ech an and d free free pre press ss may be identified with the liberty to discuss publicly and truthfully any matter of public interest intere st withou withoutt censor censorship ship or punis punishment. hment. There is to be then no previous restraint on



restrictions but also that they be limited in scope.

Freedom of Assembly o o

Assembly means a right on the part of   citizens to meet peaceably for consultation in respect to public affairs. As in in the the case case of of free freedo dom m of exp expre ress ssio ion, n, this this right is not to be limited, much less denied, except on a showing of a clear and present

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62 | Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 constituting one of its parts or agencies (e.g. courts with branches or divisions) De Leon vs National Labor Union e. Wher Where e the the sin singula gularr juri jurisd sdic icti tion on of a given matter has been transferred from Philipine Blooming Mills Employees Organization vs the contem contemned ned court court to anothe anotherr court court Philippine Blooming Mills (e.g. improper venue) f. A new court replacing a prior court, Biflex Phils Inc Labor Union vs Filflex Industrial and altho althoug ugh h an affir affirmat mativ ive e tran transfe sferr of  Manufacturing Corporation  jurisdiction before the contempt court is necess necessary ary to empowe empowerr the success successor  or  G.R. No. 155679 December 19, 2006 cour courtt where where the the succe successo ssorr cour courtt is crea create ted d by stat statut ute e whic which h does does not not Biflex lex Phils. Phils. Inc. Labor Union Et Al. and Fi Fiflex flex Petitioner: Bif extinguish jurisdiction in the Industrial and Manufacturing Labor Union Et Al. predecessor. Respondents: Filflex Industrial and Manufacturing Corporation and Biflex (Phils.), Inc. g. Cont Contem empt pt comm commit itte ted d after after an appea appeall is take taken n is cont contem empt ptuo uous us of the the Ponente: Carpio Morales, J. appe appelllate ate cour courtt beca becaus use e of the the Nature: Review on Certiorari of CA Decision setting aside the NLRC Resolution and Reinstating Labor Arbiter’s Decision. tendency of such contempts to upset

the status quo or otherwise interfere with with the jurisd jurisdict iction ion of such such court; court; hence, hence, jurisd jurisdict iction ion is given given to the appellate court h.

i.

 j.

k.

Where Where a judge judge is is disqu disquali alified fied only only in the main case, because of matters which do not not disq disqua uali lify fy him him in a cont conte empt mpt proceeding, the regular judge should sit in the contempt proceeding. When When the the co conte ntempt mpt is agai agains nstt two two or  more courts, it is no bar to contempt proceedings in one of them that there is also a contempt against the other. To the substantial extent that disciplinary action remains a punishment, disc discip ipli lina nary ry meas measur ures es impo impose sed d by another court than the one contemned furnish an exception to the rule against punishing for contempt of another court. Some Some conte contempt mptuo uous us acts acts whic which h are als also o crime crime,, usua usualllly y misd misdem emea eano nour urs, s, are are often punishable in other courts.

Notes: Balancing of Interests On one hand, the dignity and authority of the courts must be maintained, while, on the other hand, free speech, a free press, and the liberty of the citizen must be preserved. Both are equally valuable rights. Although the Constitution itself  guaran guarantee tees s free speech speech and liberty liberty of the press, it never  never  intended intended that the power of the court should be trenched trenched upon under the guise of these constitutional guaranties. The liberty of the press consists in the right to publish with impunity the truth, with good motives and for justifiable ends, whether it respects respects governments governments and individual individuals; s; the right freely to publish whatever the citizen may please and to be protected against any responsibility responsibility for so doing, doing, except in so far as such publications, from their blasphemy, obscenity, or  scandalous character, may be a public offense, are as by their  falsehood and malice they may injuriously affect the standing, reputation or pecuniary interests of individuals. The liberty of 

Octobe oberr 24, 199 1990, 0, the lab labor or sec sector tor(in (in gen genera eral) l) FACTS: On Oct staged a welga ng bayan to protest the accelerating prices of  oil. Then the petitioner unions Fiflex and Biflex Unions staged a work wo rk sto stopp ppag age e wh whic ich h la laste sted d fo forr se seve vera rall da days ys pr promp ompti ting ng respondent corporations to file a petition to declare the work stop st oppa page ge il ille lega gall fo forr fa fail ilur ure e to co comp mply ly wi with th pr proc oced edur ural al requirement. Petitioners on the other hand claimed that they were locked out by respondents and that they were prevented from reporting to work (but this was not believed by the court because if the petitioners were indeed locked out, they should have filed a protest with the management). Labor Arbiter Rendered a Decision and held that the strike was illegal and declared the officers of the Unions to have lost their  emplo emp loym ymen entt st stat atus us.. NL NLRC RC re reve vers rsed ed the La Labo borr Ar Arbi bite ter’s r’s Decision and ordered the reinstatement of the employees. The Cour Co urtt of Ap Appe peal als s ag agai ain n re reve vers rsed ed NL NLRC RC’s ’s de deci cisi sion on an and d reinstated the Labor Arbiter’s Decision.

ISSUE: Was the Union officers’ dismissal valid? HELD: YES RATIO: Even if petitioners’ joining the welga ng bayan were consid cons ider ered ed me mere rely ly as an ex exer erci cise se of th thei eirr fr free eedo dom m of  expression, freedom of assembly or freedom to petition the government for redress of grievances, the exercise of such rights is not absolute. For the protection of other significant state interests such as the “right of enterprises to reasonable retu re turn rns s on in inve vest stmen ments, ts, an and d to ex expa pans nsio ion n an and d gr grow owth th”” enshrined in the 1987 constitution must also be considered. There being no showing that petitioners notified respondents of  their intention or that they were allowed to join the welga ng bayan, their work stoppage is beyond legal protection. Article 264(e) of Labor Code provides: “no person engaged in picketing shall… obstruct the free ingress to and egress from the employer’s premises for lawful purposes, or obstruct public thoroughfares.”  Assuming that in staging the strike, the petitioners had complie comp lied d wit with h the leg legal al for formal maliti ities, es, the stri strike ke wou would ld sti stillll be illegal for blocking the free ingress to and egress from the company premises. Article 264(a) of Labor Code provides that, “Any union officer  who knowingly participated participated in an illeg illegal al strike and any worker 

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Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 | 63 employment employ ment.. Rei Reinsta nstateme tement nt of a stri striker ker or rete retenti ntion on of his employment, despite his participation in an illegal strike, is a management prerogative which the court may not supplant. DISPOSITION: Petition is DENIED

GSIS and Garcia vs Kapisanan ng mga Manggagawa sa GSIS G.R. No. 170132 (December 6, 2006) GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS) and WINSTON F. GARCIA, in his capacity as GSIS President & Genera Gen erall Man Manage ager, r, petitio petitioner ners, s, vs. KAPISANAN KAPISANAN NG MGA MANGGAGAWA SA GSIS, respondents. GARCIA, J.: This is a petition for review on certiorari by Garcia to challenge the ruling of CA. Oct/4-7/2004 – Demonstration of GSIS employees - 4 day walkout and rally was concerted by GSIS employees including the herein respondent union and contingents from contingents from fro m oth other er gov govern ernment ment age agenci ncies. es. The mass act action ion's 's tar target get appear app eared ed to hav have e bee been n her herein ein petitione petitionerr Gar Garcia cia and his management style. While the Mayor of Pasay City allegedly issued a rally permit, the absence of the participating GSIS employees was not covered by a prior approved leave by the GSIS management Oct/1 Oc t/10/ 0/20 2004 04 - In Inve vesti stiga gatio tion n by GS GSIS IS ma mana nage gemen mentt - the manager of the GSIS Investigating Unit issued a memorandum directing 131 union and non-union members to show cause why they should should not be cha charge rged d adm admini inistra strativ tively ely for thei their  r  participation in said rally. KMG's counsel, Atty. Manuel Molina, sought reconsideration of said directive on the ground, among others, that the subject employees resumed work on October  8, 2004 in obedience to the return-to-work order thus issued. The plea for reconsideration was, however, effectively denied by the filing, on October 25, 2004, of administrative charges against some 110 KMG members for grave misconduct and conduct prejudicial to the best interest of the service. Nov/2/2004 - KMG filed for Prohibition at CA - KMG, thru its President, Albert Velasco, filed a suit with the filing of the Peti Pe titi tion on fo forr Pr Proh ohib ibit itio ion n at be benc nch. h. On th the e gr grou ound nd th that at its members should not be made to explain why they supported their union's cause and faulted Garcia with blatant disregard of  Sec. 10, Civil Service Resolution No. 021316, a.k.a Guidelines for Prohib Prohibited ited Mass Action Action,, requir requiring ing government agencies to "har "h arne ness ss al alll me mean ans s to he hear ar emp emplo loye yees es'' gr grie ieva vanc nces es an and d facilitate their speedy and amicable disposition through the use of grievance machinery or other modes of settlement allowed by law and civil service rules." KMG filed two supplements to that petition: 1. Tha Thatt its Spe Speake aker, r, Atty. Atty. Mol Molina ina,, had bee been n pla placed ced und under  er  preventive suspension for 90 days and that the formal charges thus filed will not only deprive its members of the privileges and benefits due them but will also disqualify them from promotion and other employee privelege. 2. That Garcia served a spate of additional formal charges against 230 of KMG's members for their participation in the demonstrations. GSIS management: 1. Albert Velasco had already been dropped by GSIS and thus

month + CA held that Garcia's "filing of administrative charges against 361 of [KMG's] members is tantamount to grave abuse of  discre dis cretio tion n whi which ch may be the pro proper per subject subject of the writ of  prohibition." Dispositively, CA GRANTED KMG's petition and held hel d Win Winsto ston n F. Gar Garcia cia PER PERPET PETUAL UALL LY ENJO ENJOINED INED fro from m implementing the issued formal charges and from issuing other  formal charges arising from the same facts and events. Motion for Reconsideration was filed and denied. There is no question of facts about the participation of the employees in the demonstration. Thus the question is whether  or not the mass action staged by or participated in by said GSIS employees partook of a strike or prohibited concerted mass action. If yes, then the filing of the administrative charges would be prima facie tenable, had the right to file such in the interest of the civil service. If no, then CA would be correct. Petitioners assert that the filing of the formal charges are but a natural consequence of the employee's acts. On the other hand, CA and union contend that it was nothing more than an air airing ing of gri grieva evance nces s in the exe exerci rcise se of the their  ir  "broad "br oader er rig rights hts of free exp expres ressio sion." n." They als also o ass assert ert tha thatt although althou gh the filin filing g of admini administrati strative ve charges again against st KMG's members is well within Garcia's powers under Sec. 45, RA 8291, 829 1, it was tai tainte nted d wit with h arb arbitr itrari arines ness s and vin vindic dictiv tivene eness ss becaus bec ause e the mas mass s dem demons onstra tratio tions ns wer were e dir direct ected ed aga agains instt Garcia. They also argued that the gravity of the offenses and the sheer number of persons charged is antithetical to the best interest of the service. They also argued that alongside the consequences of the right of government employees to form, join or assist employees organization, is the broader rights of free expression which is an anathema to Garcia's filing. CA impliedly equated the right to form associations with the right rig ht to eng engage age in str strike ike and similar similar acti activit vities ies available available to workers in the private sector. Citing what Justice Isagani Cruz said in Manila Public School Teachers Association [MPSTA] v. Laguio, Jr., CA concluded that inasmuch as GSIS employees are not barred from forming, joining or assisting employees' organization, petitioner Garcia could not validly initiate charges agai ag ains nstt GS GSIS IS em empl ploy oyees ees wa wagi ging ng or jo join inin ing g ra rallllie ies s an and d demonstrations notwithstanding the service-disruptive effect of  such mass action. ISSUE: WON GSIS and Garcia committed grave abuse of  authority. HELD: No, it was within his authority to file and the GSIS employees does not have a right to demonstrate. RATIO: + Ci Civi vill se serv rvic ice e go gove vern rns s al alll ag agen enci cies es of th the e Go Gove vern rnmen ment, t, including inclu ding govern government-ow ment-owned ned or control controlled led corpor corporation ations s with original charters, like the GSIS. Thus, they are also subject to circul cir culars ars,, rul rules es and reg regula ulatio tions ns iss issued ued by the Civ Civilil Ser Servic vice e Commi Co mmiss ssio ion n (C (CSC SC), ), in incl clus usiv ive e of ma matte tters rs in invo volv lvin ing g se self lf-organi org anizat zation ion,, stri strikes kes,, dem demons onstra tratio tions ns and lik like e con concer certed ted actions. Among these issuances is Executive Order (EO) No. 180, series of 1987, providing guidelines for the exercise of the right to organize of government employees. Relevant also is CSC Resolution No. 021316 which provides rules on prohibited concerted mass actions in the public sector.

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64 | Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 stand sta nd on a lev level el hig higher her tha than n eco econom nomic ic and other lib liberti erties. es. 306 employees participated. Government personnel's situation is different however. To say that there was no work disruption or that the delivery of  + 1973 Constitution services remained at the usual level of efficiency at the GSIS - All Allian iance ce of Gov Govern ernment ment Workers Workers v. Min Minist ister er of Lab Labor or and main mai n off office ice during during tho those se 4 day days s of mas massiv sive e wal walkout kouts s and Emplo Emp loym ymen entt - it wo woul uld d be un unfai fairr to al allo low w em empl ploy oyee ees s of  wholes who lesale ale abs absenc ences es wou would ld be to und unders erstate tate thi things ngs.. And to government corporations to resort to concerted activity with the place the erring employees beyond the reach of administrative ever ev er pr pres esen entt th thre reat at of a st stri rike ke to wr wrin ing g be bene nefi fits ts fr from om accountability would be to trivialize the civil service rules, not to Government. mention the compelling spirit of professionalism exacted of civil + 1987 Constitution - expressly guaranteed, for the first time, servants by the Code of Conduct and Ethical Standards for  the rig right ht of gov govern ernment ment per person sonnel nel to sel self-o f-orga rganiz nizati ation on to Public Officials and Employees. complem comp lement ent the pro provis vision ion acc accord ording ing wor workers kers the rig right ht to  ASSEMBLY OR STRIKE?: engage engag e in "peac "peaceful eful concerted activities, activities, inclu including ding the right to - According to the demonstration is only a "parliament of the strike in accordance with law." stre st reet ets, s,"" or on only ly an "a "ass ssem embl bly y of ci citi tize zens ns"" to on only ly ai air  r  - Bangalisan v. Court of Appeals.21 In it, we held, citing MPSTA grievances, not a striking crowd. According to the respondent, v. Lag Laguio uio,, Jr Jr., ., - emp employ loyees ees in the public public ser servic vice e may not a strike presupposes a mass action undertaken to press for  engage in strikes or in concerted and unauthorized stoppage of  some so me eco econo nomic mic de dema mand nds s or se secu cure re ad addi diti tion onal al ma mate teri rial al work; that the right of government employees to organize is employment employ ment benefits. SC said however that it does not matter  limite lim ited d to the for formati mation on of uni unions ons or ass associ ociati ations ons,, wit withou houtt whatever name CA desires to call the demonstation because including the right to strike. the th e fac factt re remai mains ns th that at th the e er erri ring ng em empl ploy oyee ees s co coul uld d ha have ve - Ja Jaci cint nto o v. CA - the right right of ci civi vill se serv rvan ants ts to or orga gani nize ze employed non-crippling activities during their free time instead. themselves was positively recognized in Association of Court Thus Th us,, GS GSIS IS’’ em empl ploy oyee ees s ac acts ts ca can n on only ly be de defin fined ed as a of Appeals Employees vs. Ferrer-Caleja. But for the exercise of  "prohibited concerted activit y." the th e ri righ ghts ts of fr free ee ex expr pres essi sion on an and d of as asse semb mbly ly,, th ther ere e ar are e The Court can concede hypothetically that the protest rally and standards for allowable limitations such as the legitimacy of the gathering in question did not involve some specific material purpose of the association, [and] the overriding considerations demand. But then such, even if true, did not make such mass of na nati tion onal al se secu curi rity ty.. As re rega gard rds s th the e ri righ ghtt to st stri rike ke,, th the e action less of a prohibited concerted activity. It is allowed only if  Constitution itself qualifies its exercise with the provision "in in accordance with that law and "[i]n the absence of statute, accordance with law." public employees do not have the right to engage in concerted E.O 180 - provides guidelines for the exercise of the right of  work stoppages for any purpose." govern gov ernment ment wor worker kers s to org organi anize, ze, for ins instan tance, ce, imp implic licitly itly ON GARCIA'S GRAVE ABUSE OF AUTHORITY: AUTHORITY: endorsed an earlier CSC circular which "enjoins under pain of  In Garcia rests authority and responsibility, under Sec. 45 of  admin ad minis istr trati ative ve sa sanc ncti tion ons, s, al alll go gover vernm nmen entt of offic ficer ers s an and d RA 8291, 8291, the GSIS Act of 19 1997 97,, to re remov move, e, su suspe spend nd or  employees from staging strikes, demonstrations, mass leaves, otherw oth erwise ise dis discip ciplin line e GSI GSIS S per person sonnel nel for cau cause. se. It doe does s not walkouts and other forms of mass action which will result in matter matt er whatever whatever mood he is in when he filed the cha charge rges s temporary tempora ry stoppage or disrup disruption tion of publi public c servic service" e" by statin stating g because his act can easily be sustained as legally correct and thatt the Civ tha Civilil Ser Servic vice e law and rul rules es gov govern erning ing con concer certed ted doubtless within his jurisdiction. activities and strikes in government service shall be observed.  Arbitrariness and whimsical exercise of power or grave abuse - Gesite v. Court of Appeals - the Court defined the limits of the of discretion on the part of petitioner Garcia cannot also be right of govern government ment employees to organ organize ize in the following simplistically inferred from the sheer number of those charged wise: It is relevant to state at this point that the settled rule in as well as the gravity or the dire consequences of the charge this jurisdiction is that employees in the public service may not of grave misconduct and conduct prejudicial to the best interest engage in strikes, mass leaves, walkouts, and other forms of  of the service, as the appellate court made it to appear. The mass ma ss ac acti tion on th that at wi willll le lead ad in th the e tem tempo pora rary ry sto stopp ppag age e or  prin pr inci cipl ple e of ac acco coun unta tabi bili lity ty de dema mand nds s th that at ev ever ery y er erri ring ng disr di srup upti tion on of pu publ blic ic se serv rvic ice. e. Th The e ri righ ghtt of go gove vern rnme ment nt gove go vern rnme ment nt em empl ploy oyee ee be ma made de an answ swer erab able le fo forr an any y employees to organize is limited to the formation of unions or  malfea mal feasa sanc nce e or mi misf sfea easa sanc nce e co commi mmitt tted ed.. An And d le lest st it be associations only, without including the right to strike, adding overlo ove rlooked oked,, the mere fil filing ing of for formal mal adm admini inistra strativ tive e cas case, e, thatt pub tha public lic emp employ loyees ees goi going ng on dis disrup ruptiv tive e una unauth uthoriz orized ed regard reg ardles less s of the gra gravity vity of the offense offense cha charge rged, d, doe does s not absences to join concerted mass actions may be held liable for  over ov erco come me th the e pr pres esum umpt ptiv ive e in inno noce cenc nce e of th the e pe pers rson ons s conduct prejudicial to the best interest of the service. complained of nor does it shift the burden of evidence to prove - 1986 Constitutional Commission member Eulogio Lerum guilt of an administrative offense from the complainant. When Wh en we pr prop opos osed ed thi this s ame amend ndmen mentt pr prov ovid idin ing g fo forr se self lf-organizatio organ ization n of government employees, employees, it does not mean that - MPSTA v. Laguio, Jr., a case involving over 800 public school because they have the right to organize, they have also the teachers who took part in mass actions for which the then right to strike. Secreta Sec retary ry of Edu Educat cation ion fil filed ed adm admini inistr strati ative ve comp complai laints nts on Proh Pr ohib ibit ited ed co conc ncer erte ted d ac acti tivi vity ty - an any y co coll llec ecti tive ve ac acti tivi vity ty asso as sort rted ed ch char arge ges, s, su such ch as gr gros oss s mi misco scond nduc uct. t. Of tho those se underta und ertaken ken by gov govern ernment ment empl employe oyees, es, by the themsel mselves ves or  charged, 650 were dismissed and 195 suspended for at least 6 throug thr ough h the their ir emp employ loyees ees'' org organi anizat zation ion,, wit with h the int intent ent of  months. The Court, however, did not consider the element of  effecting work stoppage or service disruption in order to realize number of respon respondents dents thereat and/or the dire conseq consequences uences their demands or force concessions, economic or otherwise; it of the charges as fatally vitiating or beclouding the bona fides

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Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 | 65 concerted action which will disrupt public service and the GSIS management shall not lockout employees who are members of the KMG during the term of this agreement. GSIS Management shall also respect the rights of the employees to air their sentiments through peaceful concerted activities during allowable hours, subject to reasonable office rules.” None Non e of the employees employees bothered bothered to ava availil of the grievanc grievance e procedures under the GSIS-KMG CNA should not be taken against the GSIS. The Union should thus be blamed and at best, be st, bo both th GS GSIS IS man manag agem emen entt an and d th the e Un Unio ion n sh shou ould ld be considered as in pari delicto. VELASCO'S LEGAL STANDING - Th The e le lega gall st stan andi ding ng of Al Albe bert rto o Vel elas asco co wa was s no lo long nger  er  disc di scus ussed sed be beca caus use e a KMG re reso solu luti tion on st state ated d th the e he ha had d ceased to be member, let alone president, of the KMG, having previously been dropped from the rolls of GSIS employees. While the dropping from the rolls is alleged to have been the subject of a CA-issued temporary restraining order (TRO), the injunction came after Atty. Velasco had in fact been separated from the service and it appears that the TRO had already expired. DISPO: 1. Judge Issagani Cruz's opinion in MPSTA is is a dissent and the majority opinion should be the controlling jurisprudence. 2. The right to strike given to unions in private corp co rpor orati ation ons/e s/ent ntit ities ies is no nott ap appl plic icab able le to ci civi vill se servi rvice ce employees. 3. CA's decision, in effect, would allow prohibited mass actions by civil servants that is unlawful and an aberration that would be intolerable. CA is thus REVERSED and SET ASIDE and the writ of prohibition issued by that court is NULLIFIED.

Penalizing Violations Thereof, and forr fo Oth the er  Purposes (RIRR). Petitioner says it is not valid as it contains unconstitutional provisions and it goes beyond the law it is supposed to implement. The said RIRR contains, among others, an absolute prohibition on advertisements of infant formula, breastmilk substitutes and other related products. Note: This is a long case under the COMMERCIAL SPEECH  heading. However, the main opinion does not say anything at  all about commercial speech. What is more at point is the separate and concurring opinion. So, maybe you could skip the th e wh whol ole e ma main in op opin inio ion n an and d ju just st re read ad th the e se sepa para rate te an and  d  concurring opinion digest.  

FACTS: 



Exercise of Freedom of Conscience

Ebranilag v. v. Superintendent of Schools of Cebu Campaign paraphernalia

Adiong vs COMELEC G.R. No. 103956, March 31, 1992

 Art 

 

Executiv Execu tive e Order Order No. No. 51 (Milk (Milk Code Code)) was issu issued ed by Pres. Cory Aquino on Oct 28, 1986 by virtue of the legislative legisl ative powers granted to the president under the Freedom Consti o On One e of the the prea preamb mbul ular ar clau clause ses s of this this law see se eks to give effect to Art 11 of the Intternational In Code of Marketing of  Breas Bre astmi tmilk lk Su Subs bsti titut tutes es (IC (ICMBS MBS), ), a co code de adop ad opte ted d by the Wo Worl rld d He Heal alth th As Asse sembl mbly y (WHA) in 1981 o WH WHA A adapt adapted ed sever several al reso resolu luti tion ons s to the effe ef fect ct th that at br brea east stfe feed ediing sh shou ould ld be supported, promoted and protected, hence, it should be ensured that nutrition and health clai cl aims ms ar are e no nott pe permi rmitte tted d fo forr br brea east stmil milk k substitutes. In 1990, 1990, Phil Phil rati ratifie fied d the Inter Internat nation ional al Conve Conventi ntion on on the Rights of the Child Art 24 of which states that State Parties should take approp appropriate riate measures to diminish infant and child mortality, and ensure that all segments of society, specially parents and children, are informed of the advantages of breastfeeding. In 200 2006, 6, DOH DOH iss issue ued d the the assa assaililed ed RIRR RIRR Petitio Peti tioner ner cont contend ends s that that DOH vio violat lated ed the the Consti Consti and and exceeded its authority when it issued said RIRR

ISSUES: 1.

Standing

HELD: YES 

Gonzales vs Katigbak What’s Left?: Hate Speech, Pornography and the Problem for Artistic Expresion  Amy Adler 

Adiong vs COMELEC Commercial Speech

Pharmaceutical and Health Care Association of the Philippines vs Duque



Jurisprud Jurisp rudenc ence e states states that that an asso associa ciatio tion n has stan standin ding g to file suit for its workers despite its lack of direct intere int erest st if its members members are affected affected by the action action (Exec. Sec. v. CA); that it has the legal personality to repres rep resent ent its mem member bers s bec becaus ause e the results results of the case will affect their vital interests Also, the petitioner ’s ’s Amended Articles of   Incorporation states that the association is formed to represent directly or through approved representatives the pharmaceutical and health care industry before the Philippine Government and any of  its agencies, the medical professions and the general public

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66 | Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 o Th The e defe defens nse e of the the DOH DOH is that that the the RIR RIRR R implements not only the Milk Code but also various variou s intern internation ational al instru instruments ments regard regarding ing infant and young child nutrition o Un Unde derr th the e 19 1987 87 Co Cons nsti titu tuti tion on,, in inte tern rnat atio iona nall law la w ca can n be beco come me pa part rt of th the e sp sphe here re of  domestic law either   by transformation or incorporation.  Th The e trans transfor format matio ion n metho method d requi require res s tha th at an inte tern rna ati tio onal law be trans tra nsfor formed med in into to a do dome mesti stic c law through a constitutional mechanism such as local legislation.  Th The e in inco corp rpor orat atio ion n me meth thod od appli applies es when wh en,, by me mere re co cons nsti titu tuti tion onal al decl de clar arat atio ion, n, in inte tern rnat atio iona nall la law w is deeme med d to have the fo forrce of  domestic law. o Tre reat atie ies s becom become e part part of of the law law of of the lan land d through transformation pur pursua suant nt to Arti Article cle VII, Section Section 21 of the Constitut Constitution ion which provides provid es that “[n]o treaty or intern internationa ationall agreement shall be valid and effective unless concurred in by at least two-thirds of all the members of the Senate  Th The e ICMB ICMBS S and and WHA WHA Res Resol olut utio ions ns are not treaties as they have not been concurred in by at least twothirds of all members of the Senate as re requ quir ired ed un unde derr Se Sect ctio ion n 21 21,,  Article VII of the 1987 Constitution.  How owe ever, th the e ICMB MBS S which was adopted by the WHA in 1981 had been transformed into domestic law through thro ugh loc local al leg legisl islati ation, on, the Mil Milk k Code. Consequently, it is the Milk Code that has the force and effect of law in this jurisdiction and not the ICMBS per se.  Th The e Milk Milk Co Code de is is almos almostt a ver verba batim tim reproduction of the ICMBS, but the Code did not adopt the provision in the ICMBS absolutely prohibiting advertising or other forms of   promotion to the general public of  produc pro ducts ts wit within hin the scop scope e of the ICMBS. ICMB S. Inst Instead ead,, th the e Mi Milk lk Co Code de

expressly provides that advertising, promotion, or other  mark ma rket etin ing g ma mate teri rial als s ma may y be allowed if such materials are duly authorized and approved by the Inter-Agency Committee (IAC). o

Section Secti on 2, 2, Arti Articl cle e II of the the 198 1987 7 Cons Consti titu tuti tion on embodies the incorporation method  The cl clas assi sica call form fo rmul ulat atio ion n in

international law sees those custo customary mary rule rules s accep accepted ted as binding result from the

latter element is a belief that the

practice in question is rendered obligatory by the existence of a rule of law requiring it 

Bernas defines customary international law to mean a general and con consis sisten tentt pra practi ctice ce of sta states tes followed by them from a sense of  legal oblig obligation ation [opi opinio nio jur juris is]. This

statement contains the two basic elements of custom: the material  factor , that is, how states behave beh ave,, and the psy psycho cholog logica icall or subjective factor , that is, why they behave the way they do. The initial factor for determining the existe exi stence nce of cus custom tom is the actual behavi beh avior or of stat states. es. Thi This s inc includ ludes es several eleme men nts: duration, consistency consis tency,, and generality of the practice of states. The required duration can be either  short or long. Duration therefore is not the most important element. More important is the consistency and the generality of the practice. Once the existence of state practice has been establ established ished,, it becomes necessary to determine why states behave the way they do. Do states behave the way they do because they consider it beha have ve th thus us or do obligatory to be they do it on only ly as a mat atte terr of  Opinio nio jur juris is, or the courtesy? Opi

belief beli ef th that at a ce cert rtai ain n fo form rm of  behavi beh avior or is obl obliga igator tory, y, is wha whatt makes make s pract practice ice an inter internatio national nal rule. Without it, practice is not law. o

Have WHA Have WHA Res Resol oluti ution ons s attai attaine ned d the stat status us of  of  customary law and should be deemed as part of the law of the land?  Un Unde derr the the 1946 1946 WHO WHO Con Const sti, i, WHA WHA determines the policies of WHO  Several provisions (Art 19-22) states that regulations adopte adopted d by WHA bind member states  But Art 23 states that recommendations of the WHA do not come into force for members. They are not binding but they carry moral and political weight  Th The e ICMB ICMBS S itse itself lf was was ado adopt pted ed as as a mere recommendation

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Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 | 67

o

B.

advert adve rtis isem emen ents ts an and d pr prom omot otio ions ns of  breast bre astmil milk k sub substi stitut tutes, es, hav have e not bee been n adopted as a domestic law the provisions of the WHA Resolutions cannot be considered as part of the law of the land that can be implemented by executive agencies without the need of a law enacted by the legislature

o

WON the DOH may implement the provisions of  the WHA resolutions by virtue of its powers and functions under the Revised Administrative Code even in the absence of a domestic law o Se Secti ction on 3, 3, Chap Chapter ter 1, Tit Title le IX IX of the the Rev Revis ised ed  Administrative Code of 1987 provides that the DOH shall define the national health policy and implement a national health plan within wit hin the fra framew mework ork of the gov govern ernment ment's 's gene ge nera rall po polilici cies es an and d pl plan ans, s, an and d issue

orders and regu orders regulatio lations ns conc concernin erning g the implem imp lement entati ation on of est establ ablish ished ed hea health lth policies. o

o

AO No. No. 20 2005 05-0 -001 014 4 de decl clar ared ed the the ff po poli licy cy guidelines:  id idea eall breas breastfe tfeed edin ing g practi practice ces, s, such such as early initiation of breastfeeding, exclusive exclus ive breastfeeding breastfeeding for the first six months, extended breastfeeding up to two years and beyond;  appropriate complementary feeding, which is to start at age six months;  mi micro cronu nutri trien entt suppl supplem emen entat tatio ion; n;  un univ iver ersa sall sa salt lt io iodi diza zati tion on;;  the exercise of other feeding options;  and fee feedin ding g in in exce excepti ptiona onally lly dif difficu ficult lt circumstances The Th e prim primacy acy of of breas breastfe tfeed edin ing g for chi child ldre ren n is emphasized as a national health policy; however, nowhere in A.O. No. 2005-

0014 is it declared that as part of such heal he alth th po poli licy cy,, th the e ad adve vert rtis isem emen entt or  prom pr omot otio ion n of br brea east stmi milk lk su subs bsti titu tute tes s should be absolutely prohibited o

In view view of of the ena enact ctme ment nt of of the Mil Milk k Code Code which does not contain a total ban on the advert adv ertisi ising ng and pro promot motion ion of bre breast astmilk milk

falls within the scop falls scope e of the Milk Code as provided in Section 3, then it ca can n be su subj bjec ectt to re regu gula lati tion on pursua pur suant nt to sai said d law law,, eve even n if the product is to be used by children aged over 12 months The Th e Milk Milk Cod Code e recog recogni nize zes s that that infa infant nt form formul ula a may be a proper and possible substitute for  breastmilk in certain instances; but the RIRR provides exclusive breastfeeding for infants from 0-6 months and declares that there is no substitute nor replacement for breastmilk  SC say says s the the RIR RIRR shou shoulld be rea read d in its entirety and that Section 7 of  the th e RI RIRR RR pr prov ovid ides es th that at whe hen n medically indicated and only when necessary, the use of bre breast astmil milk k substitutes is proper if based on complete and updated information. Section 8 of the RIRR also states thatt info tha informa rmatio tion n and edu educat cation ional al materials should include information on the proper use of infant formula when the use thereof is needed.Hence, the RIRR, just like

the Mil Milk k Cod Code, e, als also o rec recogn ognize izes s that in certain cases, the use of  breast bre astmi milk lk sub substi stitut tutes es may be proper. o

o

The Milk The Milk Code Code only only regul regulat ates es and and does does not not impos imp ose e un unre reas ason onab able le re requ quir ireme ement nts s fo for  r  advertising and promotion; RIRR imposes an absolute ban on such activities for breastmilk substit sub stitute utes s int intend ended ed for inf infant ants s fro from m 0-2 0-24 4 months old or beyond, and forbids the use of  health and nutritional claims. Section 13 of  the RIRR, which provides for a “total effect” in the promotion of products within the scope of the Code, is vague The RIRR imp mpo ose ses s additi tio onal labeling requirements not found in the Milk Code  The two issues above were resolved by SC together   SC say says s heal health th is is a leg legit it sub subjj matte matter  r  forr re fo regu gula lati tion on by th the e DO DOH H in exer ex erci cise se of th the e po poli lice ce po pow wer ers s delegated to it

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68 | Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 Secti Sec tion on 3 of th the e Ad Admin minis istra trati tive ve Code Cod e the power to (6) propagate propagate health information and educate the impo port rtan antt he heal alth th,,  population on im medical and envir environmenta onmentall matters which have health implications  The Milk Code specifically delegated to the DOH the power to ensu en sure re th that at th ther ere e is ad adeq equa uate te,, consistent and objective information on br brea east stfe fee edi ding ng an and d use of  breastmilk substitutes, supplements and an d re rela late ted d pr prod oduc ucts ts;; an and d th the e power to control such information.  Al Also so,, the Milk Code auth tho ori riz zed DOH to control the content of any info in forma rmati tion on on br brea east stmi milk lk vi viss-aavis breastmilk substitutes, supplement and related products  DOH DO H is also also autho authori rize zed d to contr control ol the purpose of the information and to whom such information may be diss di ssemi emina nate ted d un unde derr Se Sect ctio ions ns 6 thro th roug ugh h 9 of th the e Mi Millk Co Cod de to ensu en sure re th that at th the e in infor format matio ion n th that at woul wo uld d re reac ach h pr preg egna nant nt wo wome men, n, moth mo ther ers s of in infa fant nts, s, an and d he heal alth th profess pro fession ionals als and wor workers kers in the health care system is restricted to scienti sci entific fic and fact factual ual mat matter ters s and shall not im imply ply or cre create ate a be belilief  ef  that bottlefeeding bottlefeeding is equivalent or  superior to breastfeeding.  Ho Howe weve verr, the DOH' DOH's s power power unde under  r  the Milk Code to control information regarding breastmilk vis-a-vis breastmilk substitutes is not absolute as the power to control does not encompass the power to absolutely prohibit the advertising, marketing, and an d pro romo moti tion on of br brea east stmi milk lk substitutes.  Se Sect ctio ions ns 13 on “tota “totall ef effe fect ct”” an and d 26 of Rule VII of the RIRR contain some so me labe la bellin ing g requ re quir irem emen ents ts,, spec sp ecif ific ical ally ly:: a) th that at th ther ere e be a

xxxx (b) In (b) Infor forma matio tion n pr prov ovid ided ed by manufacturers and distributors to health professionals regard reg arding ing pro produc ducts ts wit within hin the sco sc ope of th thiis Code shall berestricted to scientific and factua fac tuall mat matter ters s, and such informationsha imply ply or  shall ll not im create a belief that bottlefeeding is equivalent or superior  superior to brea br eastf stfee eedi ding ng.. It sh shal alll al also so include the information specified in Section 5. 





o

and Secti tio on 10(d) which bars the use on containers and an d la labe bels ls of th the e te term rms s humanized, humani zed, materna maternalized, lized, or similar terms. Thes Th ese e provi provisi sion ons s of the the Milk Milk Code Code expres exp ressly sly for forbid bid in inform formati ation on tha thatt would imply or create a belief that there is any milk product equivalent to breastmilk or which is humanized or maternalized, as such information informa tion would be incons inconsistent istent with the superiority of breastfeeding How Ho wev ever er,, Secs Secs 11 11 and and 4(f) 4(f) of the the RIRR violates the Milk Code since the Milk Code only provides for the regulation of advertising, promo pr omotio tiona nal, l, or ot othe herr mar market ketin ing g materials for breastmilk substitutes thro th roug ugh h th the e IAC IACwh whilile e the RIR RIRR R absolutely bans the same

The Milk Code allow ows s dissemi min nation of  info in forma rmati tion on on in infa fant nt fo formu rmula la to he heal alth th professionals; the RIRR totally prohibits such activity  The Court finds th tha at there is no inco con nsiste ten ncy betw twe een the

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Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 | 69 are ar e intended forr wo fo wome men n an and d ch chil ildr dren en.. Said provis pro vision ion can cannot not be con constru strued ed to encompass even the dissemination of   brea br eastf stfee eedi ding ng

that th at

information to health profes pro fessio sional nals, s, as res restri tricte cted d by

3.

the Milk Code. o Th The e Milk Milk Code Code permi permits ts milk milk manu manufa fact ctur urer ers s and an d di dist stri ribu buto tors rs to ex exte tend nd as assi sist stan ance ce in research and continuing education of health professional profess ionals; s; RIRR absol absolutely utely forbids the same  SC say says s the the proh prohib ibit itio ion n in th the e RIRR RIRR pertains to breastfeeding promotion and an d ed educ ucat atio ion n fo forr wo wome men n an and d children and not to health professionals o The Milk Code regulates the giving of   donations; RIRR absolutely prohibits it  SC say says s the the Milk Milk Cod Code e giv gives es DOH DOH the discretion to request or accept donations and is not mandated to accept donations  Th The e assa assaililed ed pro provi visi sion on in in the the RIRR RIRR is,, th is ther erefo efore re,, an ex exer erci cise se of th this is discretion o The RIRR provides for administrative sanctions not imposed by the Milk Code.  SC say says s DOH DOH has has no auth author orit ity y to fix or impose administrative administrative fines; so, Sec 46 is null and void  But th the e DOH DOH is is not not left left w/o w/o rec recou ours rse e sinc si nce e Se Sec c 13 of th the e Mi Milk lk Co Code de provides for penalties for violators of the Milk Code and the rules and regulations issued pursuant to it o Th The e RI RIRR RR prov provid ide es fo forr re repe peal al of exist existin ing g laws to the contrary  SC say says s this this is is a friv frivol olou ous s argu argumen mentt  RIRR does not provide f or or the repe re peal al of la laws ws bu butt on only ly or orde ders rs,, issuances and rules and regulations. Thus, said provision is valid as it is within the DOH's rulemaking power po wer.. WON the RIRR RIRR is is unnec unnecessa essary ry and and oppres oppressiv sive e and is

o

o

of mil milk k man manufa ufactur cturers ers par partic ticipa ipatio tion n in any policy pol icymaki making ng bod body y (Se (Secti ction on 4(i 4(i)), )), cla classe sses s and an d se semi mina nars rs fo forr wo wome men n an and d ch chil ildr dren en (Sect (Se ctio ion n 22 22); ); th the e gi givi ving ng of as assi sist stan ance ce,, support and logistics or training (Section 32); and the giv giving ing of don donati ations ons (Section (Section 52) would wou ld unr unreas easona onably bly ham hamper per the tra trade de of  breastmilk substitutes Peti Pe titi tion oner er fa fail iled ed to dem emon onst stra rate te th that at th the e aforementioned provisions of the RIRR are unreas unr easona onable ble and opp oppress ressive ive for bei being ng in restraint of trade. Peti Pe titi tion oner er also also fail failed ed to convi convinc nce e th the e court court that the provision in RIRR w/c defined the term mil milk k com compan pany y is unr unreas easona onable ble and oppressive  The term milk company only merg me rge ed to toge geth ther er th the e en enti titi tie es defined separately in the Milk Code as distributor and manufacturer 

So, the RIRR was held constitutional except for Secs 4(f), 11, and 46 for being ultra vires. Puno’s Separate and Concurring Opinion:  Another reason why the abs absolu olute te ban on the



advertising and promot advertising promotion ion of breast breastmilk milk substi substitutes tutes found under Sections 4(f) and 11 of A.O. No. 20060012 (RIRR) should be struck down: Adve Ad verti rtisi sing ng an and d pr prom omoti otion on of br brea east stmi milk lk su subs bsti titut tutes es properly falls within the ambit of the term commercial speech-that is, speech that proposes an economic transaction o Th This is is is a sepa separa rate te cate catego gory ry of of spee speech ch whi which ch is not accorded the same level of protection as th that at gi give ven n to ot othe herr co cons nsti titu tuti tion onal ally ly guar gu aran ante teed ed fo form rms s of ex expr pres essi sion on bu butt is

nonetheless entitled to protection 

Centra Cent rall Hu Huds dson on Gas & El Elec ectr tric ic v. Publi Public c Se Serv rvic ice e Commission Commiss ion is the waters watershed hed case that establ established ished the primary test for evaluating the constitutionality of  commercial speech regulations o 44-pa part rt analy analysi sis s for eval evalua uati ting ng the the valid validity ity of  of  regulations of commercial speech: 1. The commercial speech must concern lawful activity and not be misleading if it is to be protected under the 1st  Amendment

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70 | Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 advanc adv ances es and gov govern ernment mental al int intere erest st petitioned to the SC under certiorari. asserted  There is an undeniable causal She invoked her right to freedom of expression, while ETSI relationship bet the interest of govt posited that Punzal acted in bad faith in sending the second eand the advertising ban mail, mail, whic which h was was tant tantamo amoun untt to a grav grave e viol violat atio ion n of the the  Br Bre east stfe fee eding is th the e tested and company’s Code of Discipline. proven method of providing opitmal nutr nu trit itio ion n to in infa fant nts s an and d yo youn ung g ISSUE: chil ch ildr dren en.. Th The e ra rati tion onal ale e of th the e Whether or not Punzal was legally dismissed absolute ban is to prevent mothers from succumbing to suggestive and HELD: misleading marketing and Punzal was legally legally dismissed. dismissed. SC affirms affirms CA decision decision with propaganda which may be modification, granting her nominal damages. conta co ntain ined ed in ad adve vert rtis isem emen ents ts of  breastmilk substitutes. RATIO: 4.  And whether it is not more extensive  An employee must show deference to his superiors. If  than is necessary to serve that interest. aggrieved, the employee should approach the superior directly  The abs advertising ising or ask for mediation (Philippines Today, Inc. v. NLRC). absolu olute te ban on advert prescribed under Sections 4(f) and 11 of the RIRR is unduly The second e-mail was not just an opinion by a direct attack on is more Geisert. Geisert. It even encouraged encouraged other other employees employees to ignore ignore his restrictive and than furth ther er th the e av avow owed ed authority authority.. As SVP, SVP, Geisert had the authority authority to cancel the necessary to fur governmental interest of promoting Halloween party. party. the he heal alth th of in infan fants ts an and d yo youn ung g children. It ought to be self-evident, Samson v. NLRC, which Punzal invoked is misplaced. In that for instan instance, ce, that the advertisement advertisement case, the challenged challenged actions of the employee in speaking out of such products which are strictly against a superior were excusable because they were under  informative cuts too deep on free different circumstances. In Samson the “speech” in question speech spe ech.. The lau laudab dable le con concer cern n of  was done at a Christmas party (where they had been drinking the respondent for the promotion of  liquor) liquor) and not directed directed against the superior superior directly directly.. In the the he heal alth th of in infan fants ts an and d yo youn ung g case at bar, Punzal knew her superior would find out about the children cannot justify the absolute, e-mail, given her supervisor’s earlier warning. overarching ban. Punzal was correctly dismissed, but denied due process. ETSI failed to inform her of her right to be represented by counsel Punzal vs Etsi Technologies during her conference with with Remudaro and Geisert. Geisert. This goes against the Labor Code so she is entitled to nominal damages Freedo dom m of expr expres essi sion on in the work work plac place e is DOCTRINE: Free for such violation. subject to deference and respect due to superiors

FACTS: Lorna Dising Punzal was a Department Secretary who had been working at ETSI Technologies for 12 years. On October  30, 2001, she sent an e-mail to her officemates announcing the holding of a Halloween party at the office the following day and inviti inviting ng their childr children en to come and dress dress in costume costume.. Her  supervisor, Carmelo Remudaro, received the e-mail and told

Republic Act No. 9211  AN ACT REGULATING REGULATING THE PACKAGING, USE, SALE DISTRIBUTION AND  ADVERTISEMENTS OF TOBACCO PRODUCTS AND FOR OTHER PURPOSES

Tobacco To bacco Advertisements and Commercial Speech Balancing: A Potential Cancer to Truthful,

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Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 | 71 Brien, a decision upholding a conviction for draft card burn bu rnin ing, g, re refe fers rs to go gove vern rnme ment ntal al re regu gula lati tion on.. A governmental regulation is sufficiently justified if: (1) it furthe fur thers rs an imp import ortant ant or sub substan stantia tiall gov govern ernment mental al interest; (2) if the governmental interest is unrelated to the suppression of free expression; and, (3) if the incide inc identa ntall res restri trictio ction n on all allege eged d Fir First st Ame Amendme ndment nt free fr eedo doms ms is no gr grea eater ter tha than n is es esse sent ntia iall to the furtherance of that interest. According to Ely, however, the test in O’ Brien is limited in the sense that it is incomplete.

 On Cr Crit iter erio ion n No No.. 1 – Im Impo port rtan antt or su subs bsta tant ntia iall

governmental interest o

Additi Addi tion on of the the word word “subs “substa tant ntia ial” l” seem seems s to be no protection at all since legislatures do not enact wholly useless provisions.  On Criterion No. 2 – shifts from ontology to teleology; an inquiry into whether the governmental interest or  interests that support the regulation are related to the suppression of expression o Ob Obvi viou ously sly this this appr approa oach ch is not not self-d self-defi efini ning ng:: it can, for one thing, be interpreted in a way that th at wi willll gu guar aran antee tee tha thatt it its s de deman mand d ca can n always be satisfied. o Th The e criti critica call ques questi tion on woul would d there therefor fore e seem seem to be whether the harm that the state is seeking to avert is one that grows out of the fact that the defendant is communicating, and more partic par ticula ularly rly out of the way peo people ple can be expected to react to his message, or rather  would arise even if the defendant's conduct had ha d no comm co mmun unic icat atiive sign si gnif ific ican ance ce whatever.  On Criterion No. 3 - Incidental restriction on alleged

First Amendment freedoms is no greater than is essential to the furtherance of that interest o

o

“Less Restrictive Analysis” - Weakly construed, constru ed, it could require require only that there be no les less s res restri trictiv ctive e alt altern ernati ative ve cap capabl able e of  serving the state's interest as efficiently as it is served by the regulation under attack. In effect, therefore, this weak formulation would reach only laws that engage in the gratuitous inhibition of expression, requiring only that a proh pr ohib ibit itio ion n no nott ou outr trun un th the e in inte tere rest st it is designed to serve. Ten ende denc ncy y to invol involve ve tradi traditi tion onal al notio notions ns of 

whole, Ioo% action and Ioo% expression)  First Amendment Analysis: The debate on the first amend ame ndmen mentt ha has s tra tradi ditio tiona nalllly y pr proc ocee eede ded d on th the e assumption that categorization and balancing (used as a gen generi eric c term term,, to enc encomp ompass ass all approach approaches es including includ ing "clea "clearr and present danger danger") ") that consider  the likely effect of the communication are mutually exclusive exclus ive approaches to the various probl problems ems that arise under the first amendment. The categorizers, or  "absol "ab soluti utists, sts,"" wer were e sur surely ely rig right ht that the theirs irs was the approach more likely to protect expression in crisis times. But what the decisions of the late Warren era bega be gan n to re reco cogn gniz ize e is th that at ca cate tego gori riza zati tion on an and d balancing need not be regarded as competing general theories of the first amendment, but are more helpfully employed in tandem, each with its own legitimate and indispensable role in protecting expression.  State laws typically typically extend American American flags two separate sorts sor ts of pro protect tection ion:: (1) Des Desecr ecrati ation on Pro Provis vision ion ("N ("No o person shall publi publicly cly mutila mutilate, te, deface, defile, defy, trample upon, or by word or act cast contempt upon any su such ch fl flag ag.” .”)) an and d (2 (2)) Imp Impro rope perr Us Use e Pr Provi ovisi sion on (outlaws affixing to the flag any "word, figure, mark, pictur pic ture, e, des design ign,, dra drawin wing g or adv adverti ertiseme sement nt of any natu na ture re," ," or pu publ bliicl cly y di disp spla lay yin ing g any fl flag ag so embellished”). o Th The e stat state e does does not not car care e what what mess messag age e the defendant is conveying by altering the flag: all that matters is that he is interrupting the message conveyed by the flag. o Wh What at has has not yet yet been been suffi suffici cien entl tly y noted noted is that although improper use statutes do not single out certain messages for proscription, they the y do si sing ngle le ou outt on one e se sett of me mess ssag ages es,, namely the set of messages conveyed by the American flag, for protection

Judicial actions

Concerned Trial Lawyers vs Veneracion  A.M. No. RTJ-05-1920 (April 26, 2006) Ponente: Corona Nature: Nature: Administrativ Administrative e Matter. Matter. Misconduct, Misconduct, Tardiness, ardiness, Gross Inefficiency.

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72 | Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 resolutions, cases not reset for trial).

Judge defended himself. On the delayed cases, he said that his branch was just designated to try family, tax, and heinous crime cases but was changed to a Juvenile and Domestic Relations Court. Hence, there was a lot of work and many cases were misfiled due to lack of personnel and space. Plus, he suffered a mild stroke, his handwriting was affected and therefore could not take notes while hearing cases, and so he had to wait for TSN before he could decide. In many of the alleged unresolved cases, Judge said he had already dictated his decisions but the stenographer hasn’t transcribed them yet. On the Bibl Biblee-re read adin ing g issu issue, e, Judge Judge did did not not deny deny it. it. He prese resent nted ed than thank k you you lette etters rs from from liti litiga gant nts s who got got “enlightened.” Judge prayed for optional retirement if he was found guilty of violations.

2)

-

DISPOSITIVE: DISMISS charges of misconduct and tardiness LIABLE for Gross Inefficiency. Fined P11,000, to be deducted from retirement benefits as Judge is already retired.

What is outside

Issues: 1)

-

manner to preserve the image of the judiciary. The The judge judge’’s pract practic ice e of readi reading ng Bibl Bible e verse verses s in hearings is an exercise of his religious freedom. SC said: “we hesitate to castigate him lest we trample on this right.” Ther There e were were indee indeed d lette letters rs show showin ing g that that peopl people e appreciated the Judge’s efforts in helping them find their way in life Judg Judge’ e’s s practi practice ce does doesn’ n’tt impai impairr his judi judici cial al dutie duties s anyway

Was Was Judge Judge guilty guilty of Gross Ineffi Inefficie ciency ncy? ? Tard Tardine iness? ss? Delay? Was Was Judg Judge e guilty guilty of of misco miscond nduc uct? t? (consti issue) Was Judge excessive in his display of  freedom of religion?

Pornography/Obscenity 

People vs Kottinger  People vs Padan

Held and Ratio: 1)

OCA and SC: SC: there there is NO Conce Concerne rned d Trial Trial Lawy Lawyers. ers. The The lette letterr was was trace traced d to Atty Atty.. Simb Simbilillo lo who who was was embarrassed once by the Judge in the latter’s sala.  Atty was made to read a Bible verse, he was displeased, and from then on Atty withdrew all his annulment cases whenever they get raffled to Judge’s sala. ON TARDINESS: NOT GUILTY

J. Montemayor  FACTS:  A “live “live show” was exhibi exhibited ted in a building building in Tondo. Tondo. The building (nothing more than a shed) was principally used for table tennis matches – with floor space for  the table and surrounding bleachers. The live show (an exhibition of “human fighting fish”) was advertised by word of mouth, with tickets being sold at Php 3

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Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 | 73 merely an innocent bystander. Because of his “sigasiga” reputation, he had been urged by the audience to select the performers for the show. He insists that he had left before the show started, and only returned when he heard the commotion of the police raid. HELD/RATIO: ·

The actual exhibition of sexual intercourse, preceded by acts of lasciviousness, can’t possibly be considered “art”   

No re rede deem emin ing g fea featu ture res! s! Clea Cl earr an and d un unmit mitig igat ated ed obscen obscenit ity y, in inde dece cency ncy,, an and d an offense to public morals Such Su ch an exhib exhibit itio ion n inspi inspire res s lust lust and lewdn lewdnes ess, s, and exerts a corrup corrupting ting influence on socie society ty (espec (especially ially the youth!)

The SC won’t disturb the lower court’s judgment as to Padan’s sentence  

Lowerr court Lowe court al alre ready ady took took into into consid consider erat atio ion n her plea for leniency when it reduced her fine to Php 200 from Php 600. The Th e impo impose sed d pena penalty lty is rea reaso sona nabl ble! e!

There Ther e is co conc nclu lusi sive ve ev evid iden ence ce of Fa Faja jard rdo’ o’s s participation   

acti ac tive ve

Witnes Witn esse ses s te test stif ifie ied d! His name was stamped on the tickets (“Pepe Fajardo” – which he admitted was his name) Fajard Faj ardo o is the the most most guil guilty ty of the 4, 4, as he he was was the one who conducted the show, and presumably derived the most profit or gain

·

said defendants and their agents from confiscating confiscating plaintiffs plaintiffs magazines magazines or from preventing preventing the sale or  circ circul ulat atio ion n of thes these e mate materi rial als s clai claimin ming g that that the the magaz magazin ine e is a dece decent nt,, artis artisti tic c and and educ educat atio iona nall magazine which is not per se obscene, (b) and that the public publicati ation on is protec protected ted by the Consti Constituti tutiona onall guarantees of freedom of speech and of the press. Later fil filed an Urgent Motio tion for for issuance of a tempora temporary ry restra restraini ining ng order order agains againstt indisc indiscrim rimina inate te seizure, confiscation and burning of "Pinoy Playboy" Magaz Magazin ines es,, pend pendin ing g hear hearin ing g on the the peti petiti tion on for  for  prel prelim imin inar ary y inju injunc ncti tion on in view view of the the Mayo Mayor’ r’s s pronouncement to continue the Anti-Smut Campaign. Court granted this. Upon Upon laps lapse e of this this TRO TRO,, again again file filed d for ano anoth ther er,, whic which h was countered by Bagatsing, claiming that the second appl applic icat atio ion n for for TRO TRO will will be cont contra rary ry to an SC Resolution.

Mayor Bagatsing · Admi Admitt tted ed the the conf confis isca cati tion on and and burn burnin ing g of obsc obscen ene e read readin ing g mate materi rial als, s, but but clai claimed med that that thos those e were were voluntarily surrendered by the vendors to the police author authoriti ities, es, and that that the actions actions were were underta undertaken ken pursuant to P.D. No. 960, as amended by P.D. No. 969, which amended Article 201 of the Revised Penal Code. · The The act actio ions ns do do not not con const stit itut ute e a rai raid. d. Cabrera · No answer. RTC : Dismissed the case for lack of merit.

Gonzales vs Katigbak

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74 | Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 · 5. Th The e prope properr suit suit is then then broug brought ht in the the court court Memoirs v. Massachusettes - obscenity is one "utterly without any redeeming social value under Article 201 of the Revised Penal Code; · 6. An Any y co conv nvic icti tion on is su subj bjec ectt to appea appeal. l. The The Miller v. California - abandoned Massachusettes, and established basic guidelines: appellate court may assess whether or not (a) (a) whet whethe herr 'the 'the aver averag age e pers person on,, appl applyi ying ng the properties seized are indeed "obscene." contemp contempora orary ry standar standards' ds' would would find find the work, work, taken as a whole, appeals to the prurient interest; Petition is grante granted. d. But since since the magazi magazines nes Disposition: Petition (b) whether the work depicts or describes, in a subject of the search and seizure have been destroyed, the pate paten ntly tly offen ffensi sive ve way, ay, sexu sexual al cond conduc uctt Court declined to grant affirmative relief. To that extent, the specifically defined by the applicable state law; case was rendered moot and academic and (c) whether the work, taken as a whole, lacks UP vs Catungal serious serious litera literary ry,, artist artistic, ic, politi political cal,, or scient scientifi ific c G.R. No. 121863, May 5, 1997 value. Court’s Say 

·

Cour Courtt begin begins s in asce ascert rtai aini ning ng the the powe powerr to exer exerci cise se censorship in this wise: that there must be objective

and convincin convincing, g, not subjective subjective or conjectur conjectural, al, proof proof of the existe existence nce of a clear clear and present present danger, and that it is essential for the validity of  prev previo ious us rest restra rain intt or cens censor orsh ship ip that that the the auth author orit ity y does does not not rely rely sole solely ly on his his own own apprai appraisal sal of what what the public public welfare, welfare, peace or  safety may require. To justify such a limitation, there must be proof of such weight and sufficiency to satisfy the clear and present danger  test. -

Here, Here, the Court is not convinc convinced ed that that the  private respondents have shown the required proof to justify a ban and to warrant  conf confis isca cati tion on of the the lite litera ratu ture re for for whic which h mand mandat ator ory y inju injunc ncti tion on had had been been soug sought  ht 

UNIVERSITY OF THE PHILIPPINES, CHANCELLO CHANC ELLOR R ROGER POSADAS, POSADAS, VICE CHANC CHANCELLO ELLOR R ROLA RO LAND NDO O P. DA DAYC YCO, O, VI VICE CE CH CHAN ANCE CELL LLOR OR MA MART RTIN IN GREG GR EGOR ORIO IO,, PR PROF OF.. AR ARTU TURO RO BA BALBA LBAST STRO RO,, PR PROF OF.. CECILIA CECI LIA FLOR FLORENCIO ENCIO,, and PROF PROF.. LETI LETICIA CIA PENA PENAÑO-HO ÑO-HO vs. HON. ELPIDIO M. CATUNGAL, JR. (deceased); HON. OSCAR OSC AR C. C. HER HERRER RERA, A, JR. JR.,, in his cap capaci acity ty as for former  mer  acting Presiding Judge of Branch 85 of the Regional Trial Court of Quezon City; HON. PEDRO M. AREOLA, in his capacity as Present Presiding Judge Judge of Branch 85 of the Region Reg ional al Tria riall Cou Court rt of Que Quezon zon Cit City; y; and SA SAL LVADO ADOR R CARLOS [G.R. No. 121863]

Date: 05 May 1997 Ponente: Davide, Jr. Nature: Certiorari and prohibition Facts: -

Peti Pe titi tio one nerr Un Uniive vers rsiity of th the e Ph Phil ilip ippi pin nes is a st stat ate e

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Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 | 75

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(6) One artificial rubberized penis penis about 8 inches in length; (7) One art artific ificial ial rub rubber berriz rized ed pen penis is abo about ut 2.5 inches in length; and (8) One rubber rubber suction pump Carl Ca rlos os was was arre arreste sted d and and deta detain ined ed at at the Que Quezo zon n City City  jail for f or illegal possession poss ession of firearm. Petitioner Dayco ordered ordere d a preli preliminary minary investigation investigation and design designated ated  Atty. Marichu C. Lambino of the UP Diliman Legal Office Of fice to con conduc ductt the inv investi estigat gation ion.. On 7 Oct Octobe ober  r  1994 19 94,, Att Atty y. La Lambi mbino no su subm bmit itted ted he herr Pr Prel elim imin inar ary y Investi Inv estigat gation ion Rep Report ort whe wherei rein n she con confir firmed med tha thatt a pr case se ex exis iste ted d ag agai ains nstt Ca Carl rlos os an and d prim ima a fa faci cie e ca recomme rec ommende nded d that Carlos be cha charge rged d wit with h gra grave ve misconduct and placed under preventive suspension for ninety days. On 7 Oct Octob ober er 199 1994, 4, the the Offi Office ce of of the the Chan Chance cellllor or,, UP Diliman, through petitioner Dayco as officer-in-charge, filed a Formal Charge for grave misconduct against Carlos. Duri Du ring ng the the he hear arin ings gs,, th ther ere e wer ere e a lot of pr prob obllems regard reg arding ing pre presen sentati tation on of evi eviden dence ce due to Car Carlos los’’ missing counsel. Carlos, on his own behalf, filed a moti mo tion on fo forr po post stpo pone neme ment nt an and d a co comp mpla lain intt fo for  r  oppression oppre ssion and grave miscon misconduct duct again against st petiti petitioner  oner  Balbastro as Chairman of the Tribunal. In a lette letterr-mo motio tion n ad addr dres esse sed d to petit petitio ione nerr Posad Posadas as,, Carlos sought the dissolution of the Tribunal for lack of ju juri risd sdic icti tion on.. He lilikew kewis ise e re requ ques este ted d th that at hi his s preven pre ventiv tive e sus suspen pensio sion n be lif lifted ted and his Chr Christm istmas as bonus and cash gift be released. Petitioner Posadas denied the requests. Carl Ca rlos os file filed d a compla complain intt for inj injun unct ctio ion n befo before re the the RTC RTC Quez Qu ezon on Ci City ty pr pray ayin ing g fo forr (1 (1)) th the e is issu suan ance ce of a

SC Decision: Petition granted, Writ of preliminary injunction order for pre-trial is nullified and TRO made permanent. Whethe therr or not gra grant nt of pre prelim limina inary ry inj injunc unctio tion n was Issue: Whe proper 

RATIO RA TIO DECIDENDI: Those who ask for preliminary injunction from the courts must come with clean hands after exhausting all administrative reliefs possible.

Ratio: -

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Section Secti on 3 of of Rule Rule 58 58 of the the Rul Rules es of of Cour Courtt prov provid ides es for  for  the following as grounds for the grant of a preliminary injunction: (a)) That (a That th the e pl plai ainti ntiff ff is en enti titl tled ed to the re relilief  ef  demanded and the whole or part of such relief  cons co nsis ists ts in re rest stra rain inin ing g th the e co comm mmis issi sion on or  continuance of the acts complained of, or in the performance of an act or acts, either for a limited period or perpetually; (b) That the commission or continuance of some act complained of during the litigation or the nonperfo pe rform rman ance ce th ther ereo eoff wo woul uld d pr prob obab ably ly wo work rk injustice to the plaintiff; or  (c) That the defendant defendant is doing, threatens, threatens, or is about to do, or is procuring or suffering to be done do ne,, so some me ac actt pr prob obab ably ly in vi viol olat atio ion n of th the e plaint pla intif iff's f's rig rights hts res respec pectin ting g the sub subjec jectt of the acti ac tion on,, an and d te tend ndin ing g to re rend nder er th the e ju judg dgmen mentt ineffectual. The Th e cour courtt must must state state its its own own find findin ings gs of of fact fact and and cite cite the particular law to justify the grant of preliminary injunc inj unctio tion. n. Sinc Since e inj injunc unctio tion n is the stro strong ng arm of  equity, he who must apply for it must come with equity

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76 | Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 In this this cas case, e, the the mate materia rials ls conf confisc iscate ated d wher where e offe offensi nsive ve determination, as it will be treated on a case to case basis. to mora morals ls - they depicted depicted sexual sexual acts which were Facts: The PNP PNP con conducte ted d a search of the the Gaudencio E. offensive to public morals inspiring lust and lewdness, and will corrupt the minds of the youth. Fernando Music Fair where copies of magazines with nude nud e obs obscen cene e pic pictur tures es and VHS tap tapes es con contai tainin ning g Forr the Fo the vide videos os dep depic icti ting ng a nake naked d body body of of a woman woman,, it pornographic shows were seized. may be argued that the motive may be innocent, but Gauden Gau dencio cio Fer Fernan nando, do, a certa certain in Warr Warren en Ti Tingc ngchuy huy,, and and the th e pe perfo rform rman ance ce wa was s no none neth thel eles ess s re revo volt ltin ing g an and d the storekeeper Rudy Estorninos were charged with shocking to good morals. violation of Article 201 of the RPC. Mere Me re pos posse sessi ssion on is is not not a viola violati tion on sinc since e the the purp purpos ose e The Th e trial trial cou court rt gave gave the the peti petitio tione ners rs an opp oppor ortu tuni nity ty to of the law is to prohibit the dissemination of obscene present evidence, but they opted to just submit the materials to the public, and the law does not require case for decision. that the person be caught in the act of selling the Tin ingc gchu huy y wa was s fo foun und d in inno noce cent nt for for la lack ck of suffi suffici cien entt materials. However in this case, the petitioners were evidence, but Fernando and Estorninos were found involved in selling these materials, and it has been guilty by the RTC with the affirmation of CA; thus, they proven that they were involved in it, so there is a are appealing to the SC. violation: o Fe Fern rnan ando do was was ind indee eed d the the owne ownerr of the the Mus Music ic err in affirmi affirming ng the guilt guilt of Fernand Fernando o and Fair, as the business permit of the store was Issue: Did the CA err Estorninos? unde un derr hi his s na name me ev even en if it wa was s al alre read ady y expired. Also, the address in his bail bond had the same address as the store’s. Held: No. The SC affirmed the decision of the CA. o Es Esttorninos was identifi fie ed by Barangay Chairperson Lipana and Inspector Tababan Rationale: as the store attendant, attendant, and with that there is The Th e st stat ate, e, by  parens patriae, has a right to a presumption of regularity of performance regulate obscenity as an unprotected speech in on their part especially since the petitioners line with its mandate to protect the public, from waived their right to present evidence when obscene, immoral and indecent materials. o Ob Obsc scen enit ity y has been been previ previou ousl sly y defin defined ed in they opted to submit the case for decision. People vs Kottinger  as something offensive agains aga instt cha chasti stity ty,, dec decency ency or del delica icacy cy.. In Of Course, More than Words dete de termi rmini ning ng if so somet methi hing ng is in inde dece cent nt,, it C. Edwin Baker  shou sh ould ld (1 (1)) ha have ve th the e te tend nden ency cy to co corru rrupt pt those tho se who whose se min minds ds are open to imm immora orall Hate Speech infl in flue uenc nces es,, an and d th that at (2 (2)) it ca can n sh shoc ock k th the e

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Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 | 77 governmental interest in protecting the community against bias motivated threats to public safety and order.

WON: The ordinance is unconstitutional since it violates the First Amendment. (Freedom of Speech -- WON a municipality may constitutionally constitutionally enact an ordinance ordinance that makes it a crime to place a symbol on public or private property that arouses anger in others on the basis of race, color, creed, religion, or  gender.) The ordi ordina nanc nce e is faci facial ally ly inva invali lid d unde underr the the Firs Firstt Held: The  Amendment since the ordinance unconstitutionally prohibits speech on the basis of the subjects the speech addresses. (a) (a) Thi This Court ourt is bound ound by the the stat state e cour court' t's s cons constr truc uctio tion n of the the ordi ordina nanc nce e as reach reachin ing g only only expressions expressions constituting constituting "fighting "fighting words." R. A. V.'s request that the scope of the Chaplinsky formulation be modifi modified, ed, thereb thereby y invali invalidati dating ng the ordina ordinance nce as substantially overbroad, need not be reached. (b) The First First Amendm Amendment ent genera generally lly preven prevents ts

governmen governmentt from prohibiti prohibiting ng speech speech or even even expressive conduct because of disapproval of the

no such authority to license one side of a debate to fight fight freesty freestyle, le, while while requir requiring ing the other other to follow Marquis of Queensbury Rules. The point of  the First Amendment is that majority preferences must be expressed in some fashion other than silencing speech on the basis of its content. (d) The content based discrimination reflected in the ordinance does not rest upon the very reasons why the particular class of speech at issue is proscribable, it is not aimed aimed only only at the "seconda "secondary ry effects effects"" of  spee speech ch with within in the meani meaning ng of Renton v. Playtime Theatres, Inc., and it is not for any other reason the sort that does not threaten censorship of ideas. The ordinance's content discrimination is not justified on the ground that the ordinance is narrowly tailored to serve a compelling state interest in ensuring the basic human human rights rights of groups groups histori historical cally ly discri discrimin minated ated against, since an ordinance not limited to the favored topics topics would would have have precis precisely ely the same same benefi beneficia ciall effect. The majority held that "fighting words" were not truly without any protection and that even a prohibition against "fighting

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78 | Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 bar both sides sides from hurling hurling such such words words on the basis of the target's "race, color, creed, religion or  gender." It does not, therefore, favor one side of  any debate. It only bans a subcategory of the already narrow category of fighting words. Such a limited ordinance leaves open and protected a vast range of expression on the subjects of racial, reli religi giou ous, s, and and gend gender er equa equalility ty.. The The St. Paul Paul ordinance (as construed by the Court) regulates expressive activity that is wholly proscribable and does so not on the basis of viewpoint, but rather  in recognition of the different harms caused by such activi activity ty.. Taken aken togeth together er,, these these severa severall consid considera eratio tions ns persua persuade de me that the St. Paul Paul ordina ordinance nce is not an uncons unconstit tituti utiona onall conten contentt base based d regu regula lati tion on of spee speech ch.. Thus Thus,, were were the the ordinance not overbroad, I would vote to uphold it. Blackmun, J., filed an opinion concurring in the judgment. I see no First Amendment values that are compromised by a law that prohibits hoodlums from driving driving minori minoritie ties s out of their their homes homes by

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measured the reach of the free speech guarantee. Certain classes of speech are simply not covered by free speech. These include defamation, obscenity and fighting words. The decision is an ironic result that says that fighting words are protected by the First  Amendment when the govt is too selective in the prohibition. 3. Justi Justice ce Scali Scalia’ a’s s opi opini nion on removes the essential effect of  the strict scrutiny review. The irony is that Scalia agreed that St. Paul had a compelling interest in preventing the cross burning and that the ordinance issued promoted that interest. However, the ordinance was still declared unconstitutional. The majority suggests that while fighting

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Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 | 79 some categories of speech are not constitutionally protected. The government may proscribe libel but it may not make further content discrimination of proscribing only libel critical of the govt. Chaplinsky reasoning – dichotomized all speech for first amendment purposes – categories that are protected and not. Beauharnais and Chaplinsky survived doctrinal shifts because it is a categorical approach to standardized tests and dilemma in free speech cases is captured in this case. The The Pos Posad adas as Argu Argume ment nt This case upheld the power of govt to restrict advertision for some forms of gambling in Puerto Rico. It gave Puerto Ricans less access to information and put •

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b.

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 Amendment cases indicates skepticism about free trade for  speech. Several values that outweigh free speech rights Willingness to see expression o of some value, expression worth protection. Equality arguments that are o frequently used by proponents of govt restriction of hate speech RAV raises the question whether  punishing one side of a debate violates First Amendment principles. Justice Scalia is blind to the unique • relevance of other Constitutional guarantees like 13th and 14th amendments (involuntary servitude, due process and equal protection) VI. Conclu Conclusio sion: n: Schiz Schizophr ophreni enia a Essence of the problem – two track first •

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80 | Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014

Facts: Cont Contro rove vers rsy y aros arose e afte afterr the the June June 2004 2004 nati nation onal al elections were there is a supposed fixing perpetrated, evidenced by the conversation between PGMA and a COMELEC COMELEC official official procured procured via wiretapping. wiretapping. Press Secr Secreta etary ry Buny Bunye e prod produc uced ed two vers versio ions ns of the recording, one as the complete, while the other is a doctored one. He later retracted his statement that the voice is of PGMA. 2. June June 7, 2005 2005,, Form Former er couns counsel el of Erap Erap,, Atty. Atty. Alan Alan Paguia came forward and with an alleged authentic reco record rdin ing g whic which h also also incl includ udes es Comm Commis issi sion oner  er  Garciliano, First Gentleman, and Senator Barbers. 3. June June 8, 2005 2005,, Secr Secret etar ary y of DOJ DOJ Rau Raul Gonza onzale les s warned the media that broadcasting and publishing its contents could be held liable under Anti-Wiretapping  Act. 4. June June 9, 2005, 2005, Secret Secretary ary Gonz Gonzal ales es issue issued d anothe another  r  pres press s stat state ement ment urgi urging ng the the NBI NBI to issu issue e an investigation to media outfits that are distributing the tape’s contents, starting with Inq7.net (PDI and GMA News)

maintain the balance od stability and change.

1.

Justice Holmes- it is the freedom for the thought that we hate, no less than for the thought that agrees with us. us. This This free freedo dom m exte extend nds s to near nearly ly all all form forms s of  communication. Eastern Broadcasting Corporation vs. Dans- all forms of media, whether print or broadcast are entitled to the the broa broad d prot protec ecti tion on of free freedo dom m of spee speech ch and and expression. Three Three Tests Tests on the Restra Restraint ints s to Freedo Freedom m of  Speech and Expression: Expression: a. Dang Danger erou ous s tende tendenc ncy y Doctr Doctrin ine: e: permits limitation on speech once a rational connection has been established between the speech contained and the danger contemplated b. Bala Balanc ncin ing g of Inter Interes ests ts Tes Tests ts:: standard to weigh conflicting conflicting social values and individual individual interests, and requires a conscious and detai tailed cons consid ider erat atio ion n of the the inte interp rpla lay y of inte intere rest st

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Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 | 81 by which the medium operates The pervasiveness as a medium Unique accessibility to children the US inte interp rpre reta tati tion on is not not adopt dopted ed in the the  –the Phil Philip ippi pine nes s whol wholly ly;; our our cour courts ts have have made made no distinction between print and broadcast media. DYRE vs. vs. Dans Dans:: all all form forms s of medi media a whet whethe herr prin printt or  broadcasts are entitled to the broad protection of the freedom of speech and expression clause. The test  for limitation is the clear and present danger rule 3. Conclu clusion: The danger that the government wishes to prevent is the airing of the recording that supposedly violates the  Anti wiretapping Law. Not every ever y violation of a law will  justify impeding on the freedom of speech; while the viol violati ation on is a facto factorr, the the effe effects cts woul would d be more more injurious. The need to prevent the violation cannot per  se trump the exercise of free speech, a preferred right  whose breach can lead to greater evils. There There is no showing showing that the violation violation endang endangers ers national securit y. The mere statements of the Secretary of the Press

9 J. Tinga

· ·

10 J. Velasco, Jr.

11 J. Reyes

Pls. see separate opinion (Dissenting & Concurring); Grant the petition insofar as DOJ Sec. Gonzales’ Press Statement is concerned Please see separate concurring and dissenting opinion; Grant the petition insofar as the NTC’s Press Statement is concerned -

Comments Dissenting Justices 1 J. Corona 2 J. Chico-Nazario

e.g. dissenting opinion (DO),  joined DO I join the dissent of Mr. Justice Nachura Please see my separate dissenting opinion

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82 | Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 o Amer Americ ican an Comm Commun unic icat atio ion n Asso Associ ciat atio ion n vs. vs. communication structures and respect for the freedom Doud Douds: s: when when a part partic icul ular ar condu conduct ct is of speech speech and the press. press. The regulatory regulatory warnings warnings regulated in the interest of public order, and work against the flow of communication. the the regu regullati ation resu resullts in a indi indire rect ct,, Tinga (Separate Opinion – Dissenting and Concurring): Writ be conditional conditional and partial partial abridgement abridgement of the granted against DOJ but not against NTC – speech, the duty of the courts is to determine · The NTC is a regulatory tory bod body whic hich has some which of there interests demand the greater  capacity to impose sanction or otherwise perform acts protection that that coul could d impi imping nge e on the the righ rightt of its its subj subjec ects ts of  o The right of the people to kno know mat matter ters regu regula latio tions ns whil while e the DOJ DOJ secre secretar tary y head heads s the pertaining to the elections is of paramount depart department ment of ment which which initia initiate te and

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Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 | 83 editorial”, the airing of which is protected by the constitutional provision on freedom of expression and of the press. The The MTRC MTRCB B Inve Investi stiga gatin ting g Commi Committe ttee e rend render ered ed a decision ordering ABSCBN to pay for the non-submission of  the program for review and approval of the MTRCB, and that all other programs of ABSCBN of the same category shall be subm submitt itted ed to the the Boar Board d of Revi Review ew and and Appro Approva vall befo before re showing. MTRCB Chairman Mendez affirmed the ruling.  ABSCBN filed a special civil action for certiorari with the RTC seeking to declare Sections 3(b), 3(c), 3(d), 4, 7, and 11

that the term “television programs” did not include “religious programs”. The Court held that the law gives the Board the powe powerr to scre screen en,, revi review ew and and exam examin ine e ALL ALL “tel “telev evis isio ion n programs” whether religious, public affairs, news documentary, etc. (Ubi lex non distinguit nec distinguere debemos -when the law does not make any exceptio exception, n, courts courts may not except except somethi something ng theref therefrom rom,, unless unless there there is compel compellin ling g reason reason apparent in the law to justify it).  Also, the fact that freedom of religion has been accorded a preferred status, still the Court did not exempt

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84 | Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 legitimate exercise of the freedom of expression and the press. SWS vs COMELEC COMELEC, G.R. No. 147571, May 5, 2001, 357 SCRA 496 Issue: May the COMELEC, in the exercise of its powers, ban MENDOZA exit polls? Held: No. private e non-st non-stock ock,, non-pr non-profi ofitt social social FACTS: - SWS is a privat Ratio: research research institution institution conducting surveys surveys economics, economics, politics, politics, · Gonzales v COMELEC: Free press and free speech demo demogr grap aphy hy,, and and soci social al deve develo lopme pment nt,, and and ther therea eafte fter  r  consist of the liberty to discuss publicly and truthfully proces processin sing, g, analyz analyzing ing,, and public publicly ly report reporting ing the result results s any matter of public interest without prior restraint.

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Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 | 85 - Even if it is argued that Art. IX-C, §4 of the Constitution gives the COMELEC supervisory power to regulate the enjoyment or  util utiliz izat atio ion n of fran franch chis ise e for for the the oper operat atio ion n of medi media a of  communi communicati cation, on, such such power power is limite limited d to ensuri ensuring ng “equal “equal opportu opportunity nity,, time, time, space, space, and the right right to reply” reply” as well well as uniform and reasonable rates of charges for the use of such media facilities for “public information campaigns and forums among candidates.” The effect of this is that no presumption of  invali invalidit dit ari in t of rci of iso

a partic particula ularr subjec subjectt matter matter,, if not viewpoi viewpoint, nt, by preferr preferring ing personal opinion to statistical results. - The prohibition may be for a limited time, but the curtailment of the right of expression is direct, absolute, and and substantial. It constitutes a total suppression of a category of speech and is not made less so because it is only for a period of 15 days and 7 days. Second . §5.4 fails to meet criterion 4 of the O’Brien test. As

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86 | Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 religions and that they are indecent, contrary to law outside the boundaries of protected speech or expression is a and good customs?  judicial function which cannot be arrogated by an administrative body such as a Board of Censors." He submits HELD: 1) Yes, 2) Yes that a "system of prior restraint may only be validly RATIO: administered by judges and not left to administrative agencies. 1) Sec. 3 of PD No. 1986 vests the Board the power to " screen, review and examine all "television programs." The Court held that while the thesis has a lot to commend By the clear terms of the law, the Board has the itself, the Court is not ready to hold that it is unconstitutional for  power to "approve, delete . . . and/or prohibit the . . . Congress to grant an administrative body quasi-judicial power  exhibition and/or television broadcast of . . . television to preview and classify TV programs and enforce its decision

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