Section 5 The Non-Establishment Clause and the Free Exercise Clause
- continuation of Article 4 on Freedom of Speech and Expression
- CR: Art VI, Sec. 29 (payment of money for religious purposes); Art. II Sec. 6 (Separation of church and State)
- the State cannot establish or sponsor an official religion
- it cannot pass laws which aid one religion, aid all religions or prefer one over the others
protected values:
4 general propositions:
tests on the permissible aid to religion (Lemon Test):
cases:
Exceptions:
THE FREE EXERCISE CLAUSE
Scope:
- justification is POLICE POWER
- comes under freedom of speech and expression
- tests: dangerous tendency test and the clear and present danger test
cases:
Scope:
- no one could be compelled to change his or her home except in accordance with law
case: Villavicencio v. Lukban
impairment: only upon lawful order of the court guided by the limits prescribed by law
ie: Yap grant of bail or parole
- right to go from one place to another within the Philippines or outside the Philippines
impairment: by law in the interest of national security, public safety, or public health
cases:
1. Marcos right to travel within the country, right to leave the country but not to return; justified by public safety
2. Manotok conditions before an accused may be allowed to travel;
- a public right where the real parties in interest are the people standing
- may be asserted even against GOCCs
- rests in the premise that ultimately it is an informed and critical public opinion which alone can protect the values of a democratic government.
limitations:
a. authority to determine what matters are of public concern
Public concern anything which the public may want to know either because it affects them or simply
because such matters arouse the interest of an ordinary citizen
a. manner of access to these public records
- to prevent loss or damage of data, to minimize interference of official duties, to respect the rights of others who wish to inspect the same
case: PCGG limitations
Marquez Bank Secrecy Law v. prosecution of Anti-Graft cases
- given to all citizen, employed or unemployed in the government or private sectors
- often invoked in labor cases CR: Art XIII Section 3
- right to strike is not given to government employees
cases:
1. BelAir- membership in the HOA upon purchase of lot
2. Tanduay membership in the union upon employment
3. PAFLU registration of LO to acquire legal personality
4. Hernandez CPP membership not illegal; HUK illegal
5. Ferrer CPP overthrow of government
Elements:
case: US v. Toribio
4. upon payment of just compensation
- to all those who have an interest in the property expropriated
- the just and complete equivalent of the loss which the owner of the thing expropriated has to suffer by reason of the expropriation
- market value
- consequential damages + consequential benefit
Q: when do you determine just compensation?
- generally upon the filing of the petition
- exception when taking was done earlier than the filing
JUDICIAL REVIEW:
Subjects:
Section 10 The Non-Impairment of Contract Clause
Obligation of Contracts refers to the manner, mode, place and time of fulfilling or delivering agreements incumbent upon the parties to a contract
Impairment: any law which changes either:
1. the time or the mode of performance (moratorium law)
2. imposes new conditions
3. dispenses with those expressed
4. authorizes for its satisfaction something from that provided in its terms.
Basic Principles:
1. generally refers to both private and
public contracts
- a mere change in procedural remedies which does not diminish substantive rights or increase substantive obligations does not violate the guarantee
Reservation Clause: Article XII Section 11
- with or without it, the non-impairment clause shall bow to police power and taxation
cases:
Section 11 Free Access to Courts
- litigation in forma pauperis
- indigents persons who have no property or sources of income sufficient for their support aside from their own labor though self-supporting when able to work and in employment
- applicable even in appellate litigation
Government programs:
Section 12 rights of a person under investigation
- a guarantee of the right to proper treatment of those under investigation
- the judicial system is founded on the principle that it is better to free a hundred criminals than to imprison one innocent man.
# Qs:
The 3 stages of criminal investigation:
- inquiry is under the control of the police officers section 12
2 American Jurisprudence:
1. Escobedo v. Illinois rights of a person under custodial investigation the time when the investigation is no longer a general inquiry into an unsolved crime but has began to focus on a particular suspect
- the police would carry out a process of interrogations that lends itself to eliciting incriminating statements
2. Miranda v. Arizona enumeration of rights available to a person under custodial investigation
a. informed of the right to remain silent
b. told that anything he says can and will be used against him in court
c. informed of his right to have counsel
d. if he is indigent, a lawyer would be provided him
e. the moment he asks for a lawyer in stage of the investigation, all inquiry shall cease until a lawyer arrives
f. no evidence obtained in violation of the above enumeration can be used against the accused
- lends itself to the fact that the psychological if not physical atmosphere of a custodial investigation, in the absence of proper safeguards, is inherently coercive.
Adoption by Philippine jurisprudence prior to the 1987 Constitution: Pp. v. Duero when confession is presented in court, present proof that the same was done intelligently and voluntarily.
Requisites when right attaches:
1. in custody of a law enforcer, in jail or deprived of freedom of action in a significant way
2. must be under investigation
Investigation that which is conducted by the police authorities which will include investigations by the PNP, NBI and other police agencies in our government.
Case: Hermoso includes investigations done by a Barangay Captain during custodial investigation
3. when such questioning is made in relation to a crime.
- the rights are not available before government investigations become involved
cases:
1. Ayson - PAL officers
2. Kimpo confessions made to a private person
3. Ordono radio announcer
4. Zuela mayor
5. Endino recorded interview with newsmen
6. Taylaran admissions during a voluntary surrender
7. Baloloy spontaneous statements (res gestae)
8. Galman covers persons not yet in custody but are already under investigation; extends to the time immediately after the commission of the offense even if the suspect is not yet deprived of his liberty
9. Marra custodial investigation only
1. Principe extended to those persons merely invited for questioning (RA 7438)
2. Gamboa paraffin test is not a communicative action or a testimonial compulsion
3. Hatton police line-up
4. Macam police line-up but already under custodial investigation
Rights of a person under custodial investigation:
- in cases where lawyers are appointed, the accused has the option to accept or reject the lawyer
- once you cooperate with the lawyer, you are deemed to have accepted his services
cases:
a. Fabro designated by the police
b. Taliman - mayor
c. Morial/Suela effective counsel from start to finish
* also the belated presence of a lawyer the following day
* or when the lawyer has been hired and paid for by the police
d. Diokno even in times of emergency
case: Rojas involves the transmission of meaningful information rather than just the ceremonial and perfunctory recitation of an abstract constitutional principle
- police officers must explain the effects
Waiver Pp. v. Galit
case: Jara presumption is against the waiver
Coerced Confessions (section 12(2)):
Exclusionary Rule covers every form of confession/evidence obtained in violation of sections 12 and 17
- excluded evidence can be used against the officer who obtained it
Cases:
1. Penillos even if true and made voluntarily
2. Olvis applies to a re-enactment
3. Jungco or pictures of a re- enactment
4. Morico signed receipt of the seized property
5. Enriquez accused wrote his name on the evidence
6. Bandin booking sheet and arrest
7. Aballe absolute inadmissibility provided under section 3
RA 7438 (AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING, DETAINING AND INVESTIGATING OFFICERS, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF.)
- additional requirement that the confession should be in writing
- made oral confessions void.
Who can assist the accused? Any lawyer except:
1. fiscal
2. ombudsman
3. members of the COMELEC
4. DENR
5. those directly affected by the case
6. those charged with conducting preliminary investigation
7. those charged with the prosecution of crimes
8. municipal attorney
What happens after the waiver and a confession was executed?
- lawyer is not needed anymore but the following must be present:
1. parents
1. brother/sister
2. spouse
3. mayor
4. priest
5. etc.
important: they are not substitutes for the assistance of counsel during waiver\