Constitutional Law Cases - DEANS CIRCLE 2016 Editors Tricia Lacuesta Lorenzo Luigi Gayya Cristopher Reyes Macky Siazon Janine Arenas Ninna Bonsol Lloyd

Constitutional Law Cases - DEANS CIRCLE 2016 Editors Tricia...

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DEAN’S CIRCLE 2016 Editors: Tricia Lacuesta Lorenzo Luigi Gayya Cristopher Reyes Macky Siazon Janine Arenas Ninna Bonsol Lloyd Javier CONSTITUT IONAL LAW 2 First Sem Cases
POLITICAL LAW CASE SYLLABUS TABLE OF CONTENTS THE BILL OF RIGHTS AND THE FUNDAMENTAL POWERS 3 DUE PROCESS 10 EQUAL PROTECTION 20 SEARCHES AND SEIZURES 29 PRIVACY OF COMMUNICATIONS AND CORRESPONDENCE 46 FREEDOM OF EXPRESSION, RIGHT TO ASSEMBLY AND ACADEMIC FREEDOM 50 FREEDOM OF RELIGION 76 LIBERTY OF ABODE AND FREEDOM OF MOVEMENT 79 RIGHT TO INFORMATION 82 RIGHT OF ASSOCIATION 87 EMINENT DOMAIN 90 CONTRACT CLAUSE 97 POVERTY AND LEGAL PROTECTION 99 RIGHTS OF SUSPECTS100 RIGHTS OF THE ACCUSED 110 Criminal Due Process 110 Bail 111 Presumption of Innocence 114 Right to be Informed 116 Public Trial 117 Right of Confrontation 118 Trials in Absentia 119 WRIT OF HABEAS CORPUS and WRIT OF AMPARO 120 SELF-INCRIMINATION CLAUSE 125 DOUBLE JEOPARDY 131 EX POST FACTO LAWS AND BILLS OF ATTAINDER 135 CITIZENSHIP 140 2 | P a g e
POLITICAL LAW CASE SYLLABUS THE BILL OF RIGHTS AND THE FUNDAMENTAL POWERS JAMES MIRASOL, RICHARD SANTIAGO, and LUZON MOTORCYCLISTS FEDERATION, INC. v. DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS and TOLL REGULATORY BOARD G.R. No. 158793, June 8, 2006, Carpio, J . The police power is far-reaching in scope and is the "most essential, insistent and illimitable" of all government powers. Facts: The petitioners sought to declare the nullity of certain administrative issuances for being inconsistent with RA 2000. Pursuant to its mandate under RA 2000, DPWH issued DO 215 declaring the Coastal Road as limited access area. The petitioners sought to prevent the enforcement of the total ban on motorcycles along the entire breadth of North and South Luzon Expressways and the Coastal Road. Issue: 1. Whether the administrative issuances are unconstitutional. 2. Whether the prohibition on the use of motorcycles in toll ways deprives the petitioners’ their right to travel. Ruling: 1. NO. Administrative issuances have the force and effect of law. They benefit from the same presumption of validity and constitutionality enjoyed by statutes. These two precepts place a heavy burden upon any party assailing governmental regulations. The burden of proving unconstitutionality rests on such party. The burden becomes heavier when the police power is at issue. The use of public highways by motor vehicles is subject to regulation as an exercise of the police power of the state. The police power is far-reaching in scope and is the "most essential, insistent and illimitable" of all government powers. The tendency is to extend rather than to restrict the use of police power. The sole standard in measuring its exercise is reasonableness. What is "reasonable" is not subject to exact definition or scientific formulation. No all-embracing test of reasonableness exists, for its determination rests upon human judgment applied to the facts and circumstances of each particular case.

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