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DEAN’S CIRCLE 2016Editors: Tricia LacuestaLorenzo Luigi GayyaCristopher ReyesMacky SiazonJanine ArenasNinna BonsolLloyd JavierCONSTITUTIONAL LAW2First Sem Cases
POLITICAL LAW CASE SYLLABUSTABLE OF CONTENTSTHE BILL OF RIGHTS AND THE FUNDAMENTAL POWERS3DUE PROCESS 10EQUAL PROTECTION20SEARCHES AND SEIZURES29PRIVACY OF COMMUNICATIONS AND CORRESPONDENCE46FREEDOM OF EXPRESSION, RIGHT TO ASSEMBLY AND ACADEMIC FREEDOM 50FREEDOM OF RELIGION76LIBERTY OF ABODE AND FREEDOM OF MOVEMENT79RIGHT TO INFORMATION82RIGHT OF ASSOCIATION87EMINENT DOMAIN90CONTRACT CLAUSE97POVERTY AND LEGAL PROTECTION 99RIGHTS OF SUSPECTS100RIGHTS OF THE ACCUSED110Criminal Due Process 110Bail 111Presumption of Innocence 114Right to be Informed 116Public Trial 117Right of Confrontation 118Trials in Absentia 119WRIT OF HABEAS CORPUS andWRIT OF AMPARO120SELF-INCRIMINATION CLAUSE 125DOUBLE JEOPARDY131EX POST FACTO LAWS AND BILLS OF ATTAINDER135CITIZENSHIP 1402 | P a g e
POLITICAL LAW CASE SYLLABUSTHE BILL OF RIGHTS AND THE FUNDAMENTAL POWERSJAMES MIRASOL, RICHARD SANTIAGO, and LUZON MOTORCYCLISTS FEDERATION, INC. v.DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS and TOLL REGULATORY BOARDG.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 allgovernment powers.Facts:The petitioners sought to declare the nullity of certain administrative issuances for beinginconsistent with RA 2000. Pursuant to its mandate under RA 2000, DPWH issued DO 215 declaring theCoastal Road as limited access area. The petitioners sought to prevent the enforcement of the total ban onmotorcycles 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 samepresumption of validity and constitutionality enjoyed by statutes. These two precepts place a heavy burdenupon any party assailing governmental regulations. The burden of proving unconstitutionality rests on suchparty. 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 policepower of the state. The police power is far-reaching in scope and is the "most essential, insistent andillimitable" of all government powers. The tendency is to extend rather than to restrict the use of policepower. The sole standard in measuring its exercise is reasonableness. What is "reasonable" is not subject toexact definition or scientific formulation. No all-embracing test of reasonableness exists, for its determinationrests upon human judgment applied to the facts and circumstances of each particular case.