Consti2 - Cases Again
Consti2 - Cases Again
Consti2 - Cases Again
Art. IV, Sec. 2 enumerated in Commonwealth Act No. 63 constituting renunciation and
R.A. 9225 (Citizenship Retention and Re-acquisition Act of 2003) loss of Philippine citizenship, it is nevertheless an act which repudiates the
1. Maquiling vs. COMELEC (G.R. No. 195649, April 16, 2013) very oath of renunciation required for a former Filipino citizen who is also a
FACTS: citizen of another country.
Respondent Arnado is a natural born Filipino citizen however upon
naturalization as a citizen of the United States of America, he lost his 2. Reyes vs. COMELEC (G.R. No. 207264, June 25, 2013)
Filipino citizenship. He applied for repatriation under Republic Act No. 9225 Facts:
before the Consulate General of the Philippines in San Franciso, USA and Petitioner filed her Certificate of Candidacy (COC) for the position of
took the Oath of Allegiance to the Republic of the Philippines in 2008. On Representative of the lone district of Marinduque. Private respondent
the same day an Order of Approval of his Citizenship Retention and Re- Joseph Tan, a registered voter and resident of the Municipality of Torrijos,
acquisition was issued in his favor. In 2009, he again took his Oath of Marinduque, filed before the COMELEC a petition for the cancellation of
Allegiance to the Republic and executed an Affidavit of Renunciation of his petitioner’s COC. On October 31, 2012, respondent filed the amended
foreign citizenship. petition on the ground that the petitioner’s COC contained material
For 2010 elections, Arnado filed his Certificate of Candidacy for misrepresentations regarding the petitioner’s marital status, residency, date
Mayor of Kauswagan, Lanao del Norte. Balua filed a petition to disqualify of birth and citizenship. Respondent alleged that the petitioner is an
Arnado as a candidate contending that he is a foreigner and that he has American citizen.
been using his US Passport in entering and departing the Philippines. On March 27, 2013, the COMELEC First Division issued a Resolution
Arnado garnered the highest number of votes and was subsequently cancelling the petitioner’s COC on the basis that petitioner is not a citizen
proclaimed as the winning candidate for Mayor. COMELEC First Division of the Philippines because of her failure to comply with the requirements of
granted the petition for disqualification and the proclamation is annulled. Republic Act (RA) No. 9225.
Arnado sought reconsideration of the resolution. Thus, COMELEC The petitioner filed a Motion for Reconsideration on April 8, 2013 but on
En Banc reversed and set aside the ruling of the First Division and granted May 14, 2013, the COMELEC en banc promulgated a Resolution denying
Arnado’s Motion for Reconsideration. the petitioner’s Motion for Reconsideration for lack of merit. On May 18,
Maquiling, another candidate for mayor of Kauswagan and who 2013, petitioner was proclaimed winner of the May 13, 2013 elections and
garnered the second highest number of votes, filed the instant petition on June 5, 2013 took her oath of office before the Speaker of House of
questioning the propriety of declaring Arnado qualified to run for public Representatives. She has yet to assume office at noon of June 30, 2013.
office despite his continued use of a US passport and praying that he be On June 5, 2013, the COMELEC en banc issued a Certificate of Finality
proclaimed as the winner in the mayoralty race. declaring the May 14, 2013 Resolution of the COMELEC en banc final and
executory. Petitioner then filed before the court a Petition for Certiorari
ISSUE: with prayer for Temporary Restraining Order and/or Status Quo Ante
Whether or not the use of a foreign passport after renouncing Order.
foreign citizenship amounts to undoing a renunciation earlier made. YES.
Issue: Whether or not the COMELEC erred in its ruling that the petitioner is
RULING: illegible to run for office.
The use of foreign passport after renouncing one’s foreign
citizenship is a positive and voluntary act of representation as to one’s Held: No, in R.A 9925, for a respondent to reacquire Filipino citizenship and
nationality and citizenship; it does not divest Filipino citizenship regained by becosme eligible for public office, the law requires that she must have
repatriation but it recants the Oath of Renunciation required to qualify one accomplished the following 1) take the oath of allegiance to the Republic of
to run for an elective position. By using his foreign passport, Arnado the Philippines before the consul-general of the Philippine Consulate in the
positively and voluntarily represented himself as an American, in effect USA, and 2) make a personal and sworn renunciation of her American
declaring before immigration authorities of both countries that he is an citizenship before any public officer authorized to administer an oath. In
American citizen, with all attendant rights and privileges granted by the the case at bar, there is no showing that petitioner complied with the
United States of America. requirements. Petitioner’s oath of office as Provincial Administrator cannot
The renunciation of foreign citizenship is not a hollow oath that can be considered as the oath of allegiance in compliance with RA 9225. As to
simply be professed at any time, only to be violated the next day. It the issue of residency, the court approved the ruling if the COMELEC that a
requires an absolute and perpetual renunciation of the foreign citizenship Filipino citizen who becomes naturalized elsewhere effectively abandons his
and a full divestment of all civil and political rights granted by the foreign domicile of origin. Upon reacquisition of Filipino citizenship, he must still
country which granted the citizenship. show that he chose to establish his domicile in the Philippines through
positive acts, and the period of his residency shall be counted from the Philippine passport at the time of the relevant foreign trips. The Comelec
time he made it his domicile of choice. In this case, there is no showing En Banc further noted that, after receiving his Philippine passport, Arnado
that the petitioner reacquired her Filipino citizenship pursuant to RA 9225 used the same for his subsequent trips.
to conclude that the petitioner renounced her American citizenship, it
follows that she has not abandoned her domicile of choice in the USA. Maquiling then sought recourse to this Court by filing a petition, while
Petitioner’s claim that she served as Provincial Administrator of the petition was pending, the period for the filing of CoCs for local elective
province of Marinduque from January 18, 2011 to July 13, 2011 is not officials for the May 13, 2013 elections officially began. On October 1,
sufficient to prove her one-year residency for she has never recognized her 2012, Arnado filed his CoC for the same position. Respondent Capitan also
domicile in Marinduque as she remains to be an American citizen. No filed his CoC for the mayoralty post of Kauswagan.
amount of her stay in the said locality can substitute the fact that she has
not abandoned her domicile of choice in the USA. On April 16, 2013, this Court rendered its Decision in Maquiling. Voting 10-
The instant petition was DISMISSED, finding no grave abuse of discretion 5, it annulled and set aside the Comelec En Banc's February 2, 2011
on the part of the COMELEC. Resolution, disqualified Arnado from running for elective position, and
declared Maquiling as the duly elected mayor of Kauswagan, Lanao Del
3. Arnado vs. COMELEC (G.R. No. 210164, August 18, 2015) Norte in the May 10, 2010 elections.
FACTS:
Petitioner Arnado is a natural-born Filipino citizen who lost his Philippine
citizenship after he was naturalized as citizen of the United States of On May 10, 2013, Capitan, Arnado's lone rival for the mayoralty post, filed
America (USA). Subsequently, and in preparation for his plans to run for a Petition seeking to disqualify him from running for municipal mayor of
public office in the Philippines, Arnado applied for repatriation under Kauswagan and/or to cancel his CoC based on the ruling of this Court in
Republic Act No. 9225 (RA 9225) before the Consul General of the Maquiling. The resolution of said petition was, however, overtaken by the
Philippines in San Franciso, USA. He took an Oath of Allegiance to the May 13, 2013 elections where Arnado garnered 8,902 votes (84% of the
Republic of the Philippines on July 10, 2008 and, an Order of Approval of total votes cast) while Capitan obtained 1,707 (16% of the total votes cast)
Citizenship Retention and Re acquisition was issued in his favor. On April 3, votes only.
2009, Arnado executed an Affidavit of Renunciation of his foreign
citizenship so that he can file his Certificate of Candidacy (CoC) for the On May 14, 2013, Arnado was proclaimed as the winning candidate.
mayoralty post of Kauswagan, Lanao del Norte for the May 10, 2010 Unfazed, Capitan filed another Petition this time seeking to nullify Arnado's
national and local elections. proclamation. He argued that with the April 16, 2013 Decision of this Court
in Maquiling, there is no doubt that Arnado is disqualified from running for
Linog C. Balua, another mayoralty candidate, however, filed a petition to any local elective office. Hence, Arnado's proclamation is void and without
disqualify Arnado and/or to cancel his CoC on the ground that Arnado any legal effect.
remained a US citizen because he continued to use his US passport for
entry to and exit from the Philippines after executing aforesaid Affidavit of ISSUE:
Renunciation. While Balua's petition remained pending, the May 10, 2010 WHETHER OR NOT THE COMELEC COMMITTED GRAVE ABUSE OF
elections proceeded where Arnado garnered the highest number of votes DISCRETION IN DISQUALIFYING PETITIONER WHO HAS FULLY COMPLIED
for the mayoralty post of Kauswagan. He was proclaimed the winning WITH THE REQUIREMENTS OF RA 9225 BEFORE THE FILING OF HIS COC
candidate. ON OCTOBER 1, 2012.
On October 5, 2010, the Comelec First Division issued a Resolution holding HELD:
that Arnado's continued use of his US passport effectively negated his April No. Under section 4 of the Local Government Code, a person with
3, 2009 Affidavit of Renunciation. Thus, he was disqualified to run for dual citizenship is disqualified from running for any elective local position.
public office for failure to comply with the requirements of RA 9225. RA 9225 allowed natural born citizens of the Philippines who have lost their
Arnado moved for reconsideration. Philippine citizenship by reason of their naturalization abroad to reacquire
Philippine citizenship and to enjoy full civil and political rights upon
On February 2, 2011, the Comelec En Banc rendered a Resolution reversing compliance with the requirements of law. They may now run for public
the ruling of the Comelec First Division. It held that Arnado's use of his US office provided that they: 1.)meet the qualifications for holding such public
passport did not operate to revert his status to dual citizenship. The office as required by the constitution, and 2.) make a personal sworn
Comelec En Banc found merit in Arnado's explanation that he continued to renunciation of any valid all foreign citizenships before any public officer
use his US passport because he did not yet know that he had been issued a
authorized to administer an oath prior to or at the time of filing of their citizenship together with petitions for derivative citizenship on behalf of her
CoC. three children which was granted.
In this case, Arnado failed to comply with the second requisite because, as She registered as a voter; secured Philippine passport; appointed and took
held in Maquiling v. COMELEC, his April 3, 2009 Affidavit of renunciation her oath as Chairperson of the MTRCB after executing an affidavit of
was deemed withdrawn when he used his US passport after executing said Renunciation of American citizenship before the Vice Consul of the USA
affidavit. Furthermore, COMELEC found out that Arnado continued to use and was issued a Certificate of Loss of Nationality of the USA in2011. On
his US passport even after he already received his Philippine passport October 2015, petitioner filed her COC for the Presidency for the May 2016
contradicting his claim that he was only using his US passport because his Elections. In her COC, the petitioner declared that she is a natural-born
Philippine passport was not yet issued at the time of his flights in and out citizen and that her residence in the Philippines up to the day before 9 May
of the country. 2016 would be ten (10) years and eleven (11) months counted from May
The use of foreign passport amounts to repudiation or recantation of the 24, 2005. The petitioner attached to her COC an “Affidavit Affirming
oath of renunciation. Arnado’s use of his US passport in 2009 invalidated Renunciation of U.S Citizenship” subscribed and sworn to before a notary
his oath of renunciation resulting in his disqualification to run for mayor in public in Quezon City on October 2015.
the 2010 elections. Since then and up to the time he filed his CoC for the Petitions were filed before the COMELEC to deny or cancel her candidacy
2013 elections, Arnado had not cured the defect in his qualification. on the ground that she cannot be considered a natural-born Filipino citizen
Maquiling, therefore is binding in this case. since she cannot prove that her biological parents or either of them were
Filipinos. Respondent Elamparo argued that petitioner cannot be
4. Poe-Llamanzares vs. COMELEC (G.R. No. 221697, March 8, 2016) considered as a natural-born Filipino on account of the fact that she was a
FACTS: foundling. Elamparo claimed that international law does not confer natural-
Petitioner Mary Grace Natividad S. Poe-Llamanzares was found abandoned born status and Filipino citizenship on foundlings. Following this line of
as a newborn infant in the Parish Church of Jaro, Iloilo on Sept. 3, 1968. reasoning, petitioner is not qualified to apply for reacquisition of Filipino
After passing the parental care and custody over petitioner by Edgardo citizenship under R.A. No. 9225 for she is not a natural-born Filipino citizen
Militar to Emiliano Militar and his wife, she has been reported and to begin with. Even assuming arguendo that petitioner was a natural-born
registered as a foundling and issued a Foundling Certificate and Certificate Filipino, she is deemed to have lost that status when she became a
of Live Birth, thus was given the name Mary Grace Natividad Contreras naturalized American citizen. According to Elamparo, natural-born
Militar. When the petitioner reached the age of 5, celebrity spouses citizenship must be continuous from birth.
Fernando Poe, Jr., and Susan Roces filed a petition for her adoption. The
trial court granted their petition and ordered that her name be changed to ISSUE: Whether or not Grace Poe- Llamanzares is a natural- born Filipino
Mary Grace Natividad Sonora Poe. citizen.
Petitioner registered as a voter in San Juan City, applied and was issued
Philippine Passport by the DFA, and in 1998 renewed her passport. She left HELD: Yes. Grace Poe is a natural-born Filipino Citizen. For that, she
for the United States to continue her studies after enrolling and pursuing a satisfied the constitutional requirement that only natural-born Filipinos may
degree in Development Studies at the University of the Philippines. She run for Presidency.
graduated in 1991 from Boston College where she earned her Bachelor of (1) there is high probability that Poe’s parents are Filipinos, as being shown
Arts degree in Political Studies. She married Daniel V. Llamanzares, a in her physical features which are typical of Filipinos, aside from the fact
citizen of the Philippines and the U.S., in San Juan City and decided to flew that she was found as an infant in Jaro, Iloilo, a municipality wherein there
back to the U.S.after their wedding. She gave birth to her eldest child while is 99% probability that residents there are Filipinos, consequently providing
in the U.S.; and her two daughters in the Philippines. She became a 99% chance that Poe’s biological parents are Filipinos. Said probability and
naturalized American citizen in 2001. circumstantial evidence are admissible under Rule 128, Sec 4 of the Rules
She came back to the Philippines to support her father’s candidacy for on Evidence.
president in the May 2004 elections and gave birth to her youngest (2) The SC pronounced that FOUNDLINGS are as a class, natural born-
daughter. They then returned to the U.S. in 2004 but after a few months, citizens as based on the deliberations of the 1935 Constitutional
she rushed back to the Philippines to attend to her ailing father. After her Convention, wherein though its enumeration is silent as to foundlings,
father’s death, the petitioner and her husband in 2005 decided to move there is no restrictive language either to definitely exclude the foundlings to
and reside permanently in the Philippines and immediately secured a TIN, be natural born citizens.
then her children followed suit; acquired property where she and her (3) That Foundlings are automatically conferred with the natural-born
children resided. In 2006, she took her Oath of Allegiance to the Republic citizenship as to the country where they are being found, as covered and
of the Philippines pursuant to RA No. 9225 or the Citizenship Retention and supported by the UN Convention Law.
Re-acquisition Ac of 2003; she filed a sworn petition to reacquire Philippine
Article 14 of the 1930 Hague Convention on Certain Questions Relating to making of a personal and sworn renunciation of any and all foreign
the Conflict of Nationality Laws under which a foundling is presumed to citizenship) requires of the Filipinos availing themselves of the benefits
have the "nationality of the country of birth," to wit: A child whose parents under the said Act to accomplish an undertaking other than that which they
are both unknown shall have the nationality of the country of birth. If the have presumably complied with under Section 3 thereof (oath of allegiance
child's parentage is established, its nationality shall be determined by the to the Republic of the Philippines). This is made clear in the discussion of
rules applicable in cases where the parentage is known. the Bicameral Conference Committee on Disagreeing Provisions of House
A foundling is, until the contrary is proved, presumed to have been born on Bill No. 4720 and Senate Bill No. 2130 held on 18 August 2003 (precursors
the territory of the State in which it was found. of Republic Act No. 9225), where the Hon. Chairman Franklin Drilon and
The second is the principle that a foundling is presumed born of citizens of Hon. Representative Arthur Defensor explained to Hon. Representative
the country where he is found, contained in Article 2 of the 1961 United Exequiel Javier that the oath of allegiance is different from the renunciation
Nations Convention on the Reduction of Statelessness: Article 2 "A of foreign citizenship. The oath of allegiance contained in the Certificate of
foundling found in the territory of a Contracting State shall, in the absence Candidacy, which is substantially similar to the one contained in Section 3
of proof to the contrary, be considered to have been born within the of Republic Act No. 9225, does not constitute the personal and sworn
territory of parents possessing the nationality of that State." renunciation sought under Section 5(2) of Republic Act No. 9225.
(4) Petitioner's evidence shows that at least sixty countries in Asia, North
and South America, and Europe have passed legislation recognizing Additionally, Petitioner presented before this Court for the first time, in the
foundlings as its citizen. Forty-two (42) of those countries follow the JUS instant Petition for Certiorari, an "Affidavit of Renunciation of Allegiance to
SANGUINIS regime. the United States and Any and All Foreign Citizenship," which he
Current legislation reveals the adherence of the Philippines to this generally supposedly executed on 7 February 2007, even before he filed his
accepted principle of international law. In particular, R.A. No. 8552, R.A. Certificate of Candidacy on March 2007. With the said Affidavit, petitioner
No. 8042 and this Court's Rules on Adoption, expressly refer to "Filipino puts forward in the Petition at bar a new theory of his case – that he
children." In all of them, foundlings are among the Filipino children who complied with the requirement of making a personal and sworn
could be adopted. Likewise, it has been pointed that the DFA issues renunciation of his foreign citizenship before filing his Certificate of
passports to foundlings. Passports are by law, issued only to citizens. This Candidacy. This new theory constitutes a radical change from the earlier
shows that even the executive department, acting through the DFA, position he took before the COMELEC. Petitioner should have offered the
considers foundlings as Philippine citizens. Affidavit dated 7 February 2007 during the proceedings before the
COMELEC. The COMELEC en banc eventually refused to reconsider said
5. Jacot vs. Dal (G.R. No. 179848, November 26, 2008) document for being belatedly executed. What was extremely perplexing,
FACTS: not to mention suspect, was that petitioner did not submit the Affidavit of 7
Petitioner was a natural born citizen of the Philippines, who became a February 2007 or mention it at all in the proceedings before the COMELEC,
naturalized citizen of the US on 13 December 1989. Petitioner sought to considering that it could have easily won his case if it was actually executed
reacquire his Philippine citizenship under Republic Act No. 9225, otherwise on and in existence before the filing of his Certificate of Candidacy, in
known as the Citizenship Retention and Re-Acquisition Act. He filed a compliance with law.
request for the administration of his Oath of Allegiance to the Republic of
the Philippines with the Philippine Consulate General (PCG) of Los Angeles,
California. The Los Angeles PCG issued on 19 June 2006 an Order of
Approval of petitioner’s request, and on the same day, petitioner took his
Oath of Allegiance to the Republic of the Philippines before Vice Consul
Edward C. Yulo. On 2 May 2007, respondent Rogen T. Dal filed a Petition
for Disqualification before the COMELEC Provincial Office in Camiguin
against petitioner, arguing that the latter failed to renounce his US
citizenship, as required under Section 5(2) of Republic Act No. 9225
RULING:
If a person seeks to serve the Republic of the Philippines, he must owe his
loyalty to this country only, abjuring and renouncing all fealty and fidelity to
any other state. Clearly Section 5(2) of Republic Act No. 9225 (on the
6. Lee vs. COMELEC (G.R. No. 120295, June 28, 1996)
7. Co vs. Electoral Tribunal of the House of Representatives (G.R. Nos. 92191-
92, July 40, 1991)
8. Labo, Jr. vs. COMELEC ([176 SCRA 1 (1989)]
9. Frivaldo vs. COMELEC [174 SCRA 245 (1989)
10. Bengzon vs. Cruz (G.R. No. 142840, May 7, 2001)
FREEDOM OF RELIGION 30. Zulueta vs. Court of Appeals [253 SCRA 699 (1996)]
Art. III, Sec. 5 31. Deano vs. Godinez [12 SCRA 483 (1964)]
Art. II, Sec. 6 (Separation of State and Church) 32. Waterhouse Drug Corporation vs. NLRC (G.R. No. 113271. October 16,
1. Ronulo vs. People of the Philippines (G.R. No. 182438, July 2, 2014) 1997)
Non-Establishment Clause Exclusionary Rule
2. Ang Ladlad LGBT vs. COMELEC (G.R. No. 190582, April 8, 2010) Art. III, Sec. 3(2)
Anti-evolution laws 33. Silverthorne Lumber vs. US [251 US 385 (1920)]
3. Epperson vs. Arkansas [33 U.S. 27 (1968)] 34. People vs. Aruta (G.R. No. 120915, April 3, 1998)
Prayer and Bible reading in public schools 35. People vs. Rondero (G.R. No.125687, December 9, 1999)
4. Engel vs. Vitale [370 U.S. 421 (1962)] Liability for damages
5. Abington Schools Dist. vs. Schempp [374 U.S. 203 (1973)] 36. Aberca vs. Ver [160 SCRA 590 (1989)]
6. Stone vs. Graham [449 U.S. 39 (1980)]
Art. VI, Sec. 29 (2) FREEDOM OF ASSEMBLY
7. In Re: Letter of Tony Q. Valenciano (A.M. No. 10-4-19-SC, March 7, 2017) Art. III, Sec. 4
8. Aglipay vs. Ruiz [64 Phil. 201 (1937)] BP Blg. 880 (Public Assembly Act of 1985)
9. Mueller vs. Allen [463 U.S. 388 (1983)] 37. IBP vs. Mayor Lito Atienza (G.R. No. 175241, February 24, 2010)
10. Lemon vs. Kurtzman [403 U.S. 602 (1971)] 38. Primicias vs. Fugoso [80 Phil. 71 (1948)]
11. Wallace vs. Jaffree [472 U.S. 38 (1985)] 39. Navarro vs. Villegas [31 SCRA 730 (1970)]
12. Islamic Da ‘wah Counsil vs. Executive Secretary [G.R. No. 153888, July 9, 40. Ignacio vs. Ela [99 Phil. 346 (1956)]
2003] 41. J.B.I. Reyes vs. Bagatsing [125 SCRA 553 (1983)]
Intramural religious disputes 42. Ruiz vs. Gordon [126 SCRA 233 (1983)]
13. Fonacier vs. CA [96 Phil. 417 (1955)] 43. Malabanan vs. Ramento [129 SCRA 359 (1984)]
Free Exercise Clause 44. Arreza vs. GAUF [137 SCRA 94 (1985)]
14. Imbong vs. Ochoa (G.R. No. 204819, April 8, 2014) 45. German vs. Barangan [135 SCRA 514 (1985)]
15. Estrada vs. Escritor [A.M. No. P-02-1651, June 22, 2006] 46. Acosta vs. CA and CSC (G.R. No. 132088 Jun 28, 2000)
Flag salute 47. Bayan vs. Ermita (G.R. No. 169848, April 25, 2006)
16. West Va Board of Education vs. Barnette [319 U.S. 624 (1943)]
17. Ebralinag vs. Division Superintendent March 1, 1993) FREEDOM OF INFORMATION
Freedom to propagate religious doctrines Art. III, Sec. 7
18. American Bible Society vs. City of Manila [181 Phil. 386 (1957)] 48. Antolin vs. Domondon (G.R. No. 165036 & 17505, July 5, 2010)
19. Swaggart Ministries vs. Cal Bd. of Equalization [493 U.S. 378 (1990)] 49. Baldoza vs. Dimaano [71 SCRA 14 (1976)]
Exemption from Union shop 50. Tanada vs. Tuvera (G.R. No. L-63915, April 24, 1985; G.R. No. L-63915
20. Victoriano vs. Elizalde Rope Workers Union [59 SCRA 54 (1974)] December 29, 1986)
Disqualification for local government officials 51. Valmonte vs. Belmonte [170 SCRA 256 (1989)]
21. Pamil vs. Watkins [367 U.S. 488 (1961)] 52. Legaspi vs. CSC [150 SCRA 530 (1987)]
Religious Test 53. Garcia vs. BOI [177 SCRA 374 (1989)]
22. Torcaso vs. Watkins [367 U.S. 488 (1961)]
FREEDOM OF ASSOCIATION
PRIVACY OF COMMUNICATION AND CORRESPONDENCE Art. III, Sec. 8
R.A. No. 4200 (Anti-Wire Tapping Law) (1965) Art. IX, Sec. 2 (5)
Arts, 290, 291, 292 and 299. Revised Penal Code. Art. XIII, Sec. 3, par. 2
23. Gaanan vs. IAC [145 SCRA 113 (1986)] 54. Occena vs. COMELEC, 127 SCRA 404 (1985)
24. Katz vs. U.S. [389 U.S. 347 (1967)] 55. In re: Edillon, 84 SCRA (1979)\
25. Ramirez vs. CA (G.R. No. 93833, September 28, 1995) 56. Rotary Int’l vs. Rotary Club, 481 U.S. 537 (1987)
26. Salcedo-Ortanez vs. CA [235 SCRA 111 (1994)]
27. Alejano vs. Cabuay (G.R. No. 160792, August 25, 2005) FREEDOM OF EXPRESSION
Privileged Communications Art. III, Sec. 4
28. In Re: Laureta [148 SCRA 382 (1987)] Id., Sec. 18 (1)
29. People vs. Albofera, [152 SCRA 123 (1987)]
Purpose
57. United States vs. Bustos [37 Phil. 731 (1918)]
58. Burgos vs. Chief of Staff [133 SCRA 800 (1984)]
59. New York Times vs. Sulliven [380 U.S. 51 (1964)]
Restrictions
60. Gonzales vs. COMELEC [27 SCRA 835 (1969)]
61. Social Weather Station vs. COMELEC (G.R. No.147571, May 5, 2001)
Balancing of Interest Test
Dangerous Tendency Test
Clear and Present Danger Test
62. Zaldivar vs. Sandiganbayan [170 SCRA 1 (1989)]
63. Sanidad vs. COMELEC (G.R. 90878, January 29, 1990)
64. Reno vs. ACLU (D-96-511, June 26, 1997)
65. Miriam College vs. Court of Appeals (G.R. No. 127930, December 15, 2000)
66. ABS-CBN Broadcasting Corp. vs. COMELEC (G.R. No. 133486, January 28,
2000)
67. Chavez vs. COMELEC (G.R. No. 162777, August 31, 2004)
Freedom of Expression, Libel and National Security
68. Babst vs. NBI [132 SCRA 316 (1984)]
69. Espuelas vs. NBI [132 SCRA 316 (1984)]
70. Elizalde vs. CFI [116 SCRA 93 (1982)]
71. Lopez vs. Court of Appeals [34 SCRA 116 (1970)]
72. PJI vs. Thoenen (G.R. No. 143372, December 13, 2005)
73. Texas vs. Johnson [491 U.S. 397 (1989)]
74. Borjal vs. CA. [301 SCRA 1 (1999)]
75. Baguio Midland Courier vs. CA (G.R. No. 107566, November 25, 2004)
Freedom of Expression and the Administration of Justice
76. Cabansag vs. Fernandez (102 Phil. 152)
77. People vs. Alarcon [69 Phil. 265 (1939)]
78. In Re: Ramon Tulfo (AM 90-4-1545-0, April 17, 1990)
79. Nestle Phils. vs. Sanchez [154 SCRA 542 (1987)]
80. In Re: Atty. Emil Jurado (AM 90-5-2373 July 12, 1990)
Freedom of Expression, Movie Censorship, Obscenity and the Right to Privacy
81. Disini vs. Secretary of Justice (G.R. No. 203335, February 11, 2014)
82. Ejercito vs. COMELEC (742 SCRA 210)
83. GMA Network Inc. vs. COMELEC (G.R. No. 205357, September 2, 2014)
84. I-UTAK vs. COMELEC (G.R. No. 206020, April 14, 2015)
85. Diocese of Bacolod vs. COMELEC (G.R. No. 205728, January 21, 2015)
86. Gonzales vs. Kalaw Katikbak [137 SCRA 356 (1985)]
87. Lagunzad vs. Sotto Vda. De Gonzales [92 SCRA 476 (1979)]
88. Ayer Productions vs. Judge Capulong [160 SCRA 861 (1988)]
89. KMU vs. Director General (G.R. No. 167798, April 19, 2006)
90. MTRCB vs. ABS-CBN (G.R. No. 155282, January 17, 2005)
91. Reno vs. ACLU (June 26, 1997, D-96-511)
92. Miller vs. California [413 U.S. 15 (1973)]
93. Ernando vs. Court of Appeals (G.R. No. 159751, December 6, 2006)
94. Eastern Broadcasting Corp. (DYRE) vs. Dans [137 SCRA 247 (1985)]
ARRESTS, SEARCHES AND SEIZURES Valid Waiver
Art. III, Sec. 2 and 3 130. People vs. Omaweng [213 SCRA 462 (1992)]
Purpose and Importance of the guaranty 131. People vs. Correa [285 SCRA 679 (1998)]
95. Alvero vs. Dizon [76 Phil. 637 (1946)] 132. People vs. Ramos (G.R. 85401-02, June 4, 1990)
To Whom Directed 133. People vs. Barros [231 SCRA 557 (1994)]
96. People vs. Andre Marti [193 SCRA 57 (1991)] 134. Veroy vs. Layague [210 SCRA 97 (1992)]
Who May Invoke the Right? 135. People vs. Damaso [212 SCRA 457 (1992)]
97. Bache and Co., vs. Ruiz [37 SCRA 323 (1971)] 136. Lopez vs. Comm. of Customs [68 SCRA 320 (1975)]
98. Stonehill vs. Diokno [20 SCRA 383 (1967)] 137. Caballes vs. Court of Appeals [G.R. No. 136292, January 5, 2002]
99. Zurcher vs. Stanford Daily [436 U.S. 54 (1978)] 138. People vs. Asis, et. al. (G.R. No. 142531, October 15, 2002)
100. Wilson vs. Layne [(98-83) 526 US 603 (1999)] 139. People vs. Tudtud, et. al. (G.R. No. 144037, September 26, 2003)
Conditions for a valid warrant Incident to lawful arrest
Existence of Probable Cause Rule 126, Section 13, Rules of Court
101. Burgos vs. Chief of Staff [133 SCRA 800 (1984)] 140) Chimel vs. California [395 U.S. 752 (1964)]
102. Chandler vs. Miller (D-96-126, April 15, 1997) 141) People vs. de la Cruz (G.R. 83988, April 18, 1990)
103. People vs. Chua Ho San [308 SCRA 432 (1999)] 142) People vs. Kalubiran [196 SCRA 645 (1991)]
104. People vs. Molina (G.R. No. 133917, February 19, 2001) 143) People vs. Malmstedt [198 SCRA 401 (1991)]
Partially Valid Warrant 144) Espano vs. Court of Appeals [288 SCRA 558 (1998)]
105. People vs. Salanguit (G.R. 133254, April 18, 2001) 145) People vs. Tangliben [184 SCRA 220 (1990)]
106. Microsoft Corp. vs. Maxicorp. (G.R. 140946, September 13, 2004) 146) People vs. Che Chun Ting [328 SCRA 592 (2000)]
Personal determination by judge 147) People vs. Estrella (G.R. Nos. 138539-40, January 21, 2003)
107. Sta. Rosa Mining Co., vs. Fiscal Zabala [153 SCRA 367 (1987)] 148) People vs. Libnao, et. al. (G.R. No. 136860, January 20, 2003)
108. Paderanga vs. Drilon (G.R. 96080, April 19, 1991)
109. Pita vs. CA [178 SCRA 362 (1987)] • Plain view doctrine
110. Abdula vs. Guiani [326 SCRA 1 (2000)] 149) People vs. Musa [217 SCRA 597 (1993)]
111. People vs. Mamaril (G.R. 147607, January 22, 2004) 150) Padilla vs. CA [269 SCRA 402 (1997)]
Examination of witnesses 151) People vs. Valdez (G.R. No. 129296, September 25, 2000)
112. Pasion Vda. De Garcia vs. Locsin [65 Phil 68 (1938)] 152) Arizona vs. Hicks [480 U.S. 321 (1987)]
113. Yee Sue Kuy vs. Almeda [70 Phil. 141, (1940)] 153) People vs. Compacion (G.R. No. 124442, July 20, 2001)
114. Alvarez vs. CFI [64 Phil. 33 (1937)] 154) People v. Huang Zhen Hua (G.R. 139301, September 9, 2004)
115. Mata vs. Bayona [128 SCRA 388 (1984)]
Particularity of description • Enforcement of fishing, customs and immigration laws
116. Olaes vs. People [155 SCRA 486 (1987)] 155) Roldan vs. Area [65 SCRA 320 (1975)]
117. Prudente vs. Judge Dayrit [180 SCRA 69 (1989)] 156) People vs. Gatward [267 SCRA 785 (1997)]
118. Chia vs. Coll. Of Customs [177 SCRA 755 (1989)] 157) People vs. Johnson (G.R. No. 138881, December 18, 2000)
119. 20th Century Fox Film Corp. vs. CA [164 SCRA 655 (1988)] 158) People vs. Suzuki (G.R. No. 120670, October 23, 2003)
120. People vs. Choi (G.R. No. 152950, August 3, 2006)
121. Nolasco vs. Cruz Pano [132 SCRA 152 (1985)] • “Stop and frisk”
122. PICOP vs. Asuncion [307 SCRA 253 (1999)] 159) Terry vs. Ohio [392 US 1 (1968)]
123. Yousef Al Ghoul vs. CA (G.R. No. 126859, September 4, 2009) 160) People vs. Solayao [262 SCRA 255 (1996)]
124. Del Rosario vs. People (G.R. No. 142295, May 31, 2001) 161) Manalili vs. Court of Appeals (G.R. No. 113447, October 7, 1997)
Objects of Seizure 162) Malacat vs. Court of Appeals [283 SCRA 159 (1997)]
Rule 126, Sec. 3, Rules of Court (ROC) 163) Florida vs. J.L. (98-1993, March 28, 2000)
125. Unilab vs. Isip (G.R. No. 163858, June 28, 2005)
Warrantless searches • Search of moving vehicles
126. Pollo vs. Constantino-David (G.R. No. 181881, October 18, 2011) 164) Papa vs. Mago [22 SCRA 857 (1968)]
127. Luz vs. People (G.R. No. 197788, February 29, 2012) 165) People vs. CFI of Rizal [101 SCRA 86 (1980)]
128. People of the Philippines vs. Cogaed (G.R. No. 200334, July 30, 2014) 166) Salvador vs. People (G.R. No. 146706, July 15, 2005)
129. Sydeco vs. People of the Philippines (G.R. No. 202692, November 12, 2014) 167) Whren vs. United States [(95-5841) 517 US 806, January 10, 1996]
188) People vs. Conde (G.R. No. 113269, April 10, 2001)
• Emergency circumstances
168) People vs. De Gracia [233 SCRA 716 (1994)]
XII. RIGHTS OF PERSONS UNDER CUSTODIAL INVESTIGATION
• Checkpoints
169) Gen. De Villa vs. Valmonte (G.R. No. 83988, May 24, 1990) • Art. III, Sec. 12
170) Aniag vs. Comelec [237 SCRA 424 (1994)]
171) People vs. Usana [323 SCRA 754 (2000)] • Miranda vs. Arizona, 384 US 436 (1966)
172) People vs. Vinecario (G.R. No. 141137, January 20, 2004)
• Custodial Investigation
• Inspection of building 189) People vs. Lugod (G.R. 136253, February 21, 2001)
173) Camara vs. Municipal Court [387 U.S. 523 (1967)] 190) People vs. Del Rosario (G.R. 127755, April 14, 1999)
191) People vs. Bolanos [211 SCRA 262 (1992)]
• Warrantless arrests 192) Rhode Island vs. Innis [446 U.S. 291 (1980)]
• Rule 113, Sec. 5 193) People vs. Mahinay [302 SCRA 455 (1999)]
• Art. 125, Revised Penal Code
• Administrative Investigations
• Rebellion as Continuing Offense 194) People vs. Judge Ayson [175 SCRA 216 (1989)]
174) Umil vs. Ramos (G.R. 81567, July 9, 1990) 195) Office of the Court Administrator vs. Sumiling [271 SCRA 316 (1997)]
196) People vs. Uy (G.R. No. 157399, November 17, 2005)
• Committed in the Presence of Police Officers
175) People vs. Sucro [195 SCRA 388 (1991)] • Police Lineup
176) People vs. Luisito Go (G.R. No. 116001, March 14, 2001) 197) Gamboa vs. Cruz [162 SCRA 642 (1988)]
198) United States v. Wade [388 U.A. 218 (1967)]
• Personal Knowledge of the Offense 199) People vs. Escordial, G.R. 138934, January 16, 2002
177) People vs. Gerente [219 SCRA 756 (1993)] 200) People vs. Piedad, et al. (G.R. No. 131923, December 5, 2002)
178) People vs. Sinoc [275 SCRA 357 (1997)] 201) Magtoto vs. Manguera [63 SCRA 4 (1975)]
179) People vs. Baula (G.R. No. 132671, November 15, 2000)
180) People vs. Cubcubin (G.R. No. 136267, July 10, 2001) • Rule under the 1973 Constitution (Voluntary, knowing & intelligent waiver)
202) People vs. Caguioa, 95 SCRA 2 (1980)
• Time of Arrest 203) People vs. Tampus, 90 SCRA 624 (1980)
181) People vs. Rodrigueza [205 SCRA 791 (1992)] 204) People vs. Sayaboc, G.R. 147201, January 15, 2004
182) Go vs. Court of Appeals [206 SCRA 586 (1992)] 205) People vs. Galit, 135 SCRA 465 (1985)
183) People vs. Calimlim (G.R. No. 123980, August 30, 2001)
• Rule under the 1987 Constitution
• Marked Money
184) People vs. Enrile [222 SCRA 586 (1993)] • Requirement of Competent and Independent Counsel
206) People vs. Bandula [232 SCRA 566 (1994)]
• Lack of Urgency 207) People vs. Quidato (G.R. 117401, October 1, 1998)
185) People vs. Pasudag (G.R. No. 128822, May 4, 2001) 208) People vs. Januario [267 SCRA 608 (1997)]
186) People vs. Aminnudin [163 SCRA 402 (1988)] 209) People vs. Labtan (G.R. No. 12793, December 8, 1999)
210) People vs. Samus (G.R. 135957-58, September 17, 2002)
• Effect of Bail 211) People vs. Tomaquin (G.R. No. 133138, July 23, 2004)
• Rule 114, Section 26 212) People vs. Bagnate (G.R. No. 133685-68 May 20, 2004)
• Other Confessions
226) People vs. Malngan (G.R. No. 170470, September 26, 2006)
227) People vs. Gomez [270 SCRA 432 (1997)] • Standards for fixing bail
228) Illinois vs. Perkins [496 U.S. 292 (1990)] • Rule 114, Sec. 9
229) People vs. Lugod (G.R. 136253, February 21, 2001) 249) Villasenor vs. Abano [21 SCRA 312 (1967)]
250) De la Camara vs. Enage [41 SCRA 1 (1971)]
• Re-enactment 251) Almeda vs. Villaluz [66 SCRA 38 (1975)]
230) People vs. Luvendino [211 SCRA 36 (1992)] 252) Yap vs. Court of Appeals (G.R. No. 141529, June 6, 2001)
253) Cabañero vs. Cañon (A.M. No. MTJ-01-369, September 20, 2001)
• Exclusionary rule 254) Victory Liner vs. Belosillo [G.R. 425 SCRA 79 (2004)]
• Art. III, Sec. 12 (2)
• Fruit of the Poisonous Tree Doctrine
231) People vs. Alicano [251 SCRA 293 (1995)] • Bail and the Right to Travel Abroad
232) Harris vs. New York [401 U.S. 222 (1971)] 255) Manotoc vs. Court of Appeals [142 SCRA 149 (1980)]
233) New York vs. Quaries [104 U.S. 2626 (1984)]
XIV. RIGHTS OF AN ACCUSED
XIII. RIGHT TO BAIL
• Art. III, Sec. 14
• Art. III, Sec. 13 • Presumption of Innocence
• Bail Defined 256) People vs. Sumili (G.R. No. 212160, February 4, 2015)
• Rule 114, Section 1, ROC 257) People of the Philippines vs. Umipang (G.R. No. 190321, April 25, 2012)
• Kinds of Bail 258) People of the Philippines vs. Quintal (G.R. No. 184170, February 2, 2011)
• Rule 114, Sections 10, 11, 14 & 15 259) People vs. Tumambing (G.R. No. 191261, March 2, 2011)
260) People of the Philippines vs. Paloma (G.R. No. 178544, February 23, 2011)
• When right may be invoked 261) People of the Philippines vs. Santiago (G.R. No. 191061, February 9, 2011)
234) Enrile vs. Sandiganbayan (G.R. No. 213847, August 18, 2015) 262) People of the Philippines vs. Andongan (G.R. No. 184595, June 29, 2010)
235) Herras Teehankee vs. Rovira [75 Phil. 634 (1945)] 263) Agustin vs. People of the Philippines (G.R. No. 158788, April 30, 2008)
236) People vs. San Diego [26 SCRA 522 (1968)]
237) Cortes vs. Judge Catral (A.M. No. RTJ-97-1387, September 10, 1997) • Proof beyond reasonable doubt
238) Lavides vs. CA (G.R. No. 129670, February 1, 2000) 264) People vs. Webb, et. al. (G.R. No. 176864, December 14, 2010)
239) Government vs. Judge Puruganan (G.R. No. 148571, December 17, 2002) 265) Lejano vs. People (G.R. No. 176389, December 14, 2010)
266) People vs. Dramayo [42 SCRA 59 (1971)]
291) People vs. Lozano (G.R. 125080, September 25, 1998)
• Order of Trial 292) People vs. Ladrillo (G.R. No. 124342, December 8, 1999)
267) Alejandro vs. Pepito [96 SCRA 322 (1988)] (modified by Rule 119 Sec. 3 (e) 293) People vs. Valdesancho (G.R. 137051, May 30, 2001)
294) People vs. Alcaide (G.R. Nos. 139225-28, May 29, 2002)
• Presumption of Guilt 295) People vs. Ostia (G.R. No. 131804, February 26, 2003)
268) Dumlao vs. Comelec [95 SCRA 392 (1980)] 296) People vs. Flores Jr. (G.R. No. 128823-24, December 27, 2002)
269) People vs. Mingoa [92 Phil. 857 (1953)] 297) People vs. Cachapero (G.R. No. 153008, May 20, 2004)