1. Concept Free access to courts and adequate legal assistance. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. (Section 11, Article III, 1987 Constitution) a. Equal access Free access to the courts and adequate legal assistance are among the fundamental…
1. Concept No law impairing the obligation of contracts shall be passed. (Section 10, Article III, 1987 Constitution) a. Freedom to contract – not absolute The freedom to contract is not absolute; all contracts and all rights are subject to the police power of the State and not only may regulations which affect them be…
1. Concept The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged. (Section 8, Article III, 1987 Constitution) a. Not contrary to law Nonetheless, the Constitution limits this particular freedom in the sense that there…
1. Concept Eminent domain – is the power of the State to take private property for public use. It is an inherent power of State as it is a power necessary for the State’s existence; it is a power the State cannot do without. As an inherent power, it does not need at all to…
1. Concept a. Scope Right to information. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents, and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the…
1. Political speech a. Concept Freedom of expression is the freedom to disseminate ideas and beliefs, whether competing, conforming or otherwise. It is the freedom to express to others what one likes or dislikes, as it is the freedom of others to express to one and all what they favor or disfavor. It is the…
1. Concept a. Constitutional right The right to privacy, as an inherent concept of liberty, has long been recognized as a constitutional right. (Gamboa v. Chan, En Banc, G.R. No. 193636, 24 July 2012) 3 strands of the right to privacy 1) Locational or situational privacy; 2) Informational privacy; and 3) Decisional privacy. (Vivares v….
1. Requisites of a valid warrant Requisites of a valid warrant: A search warrant shall not issue except: 1) Upon probable cause; 2) In connection with one specific offense; 3) To be determined personally by the judge; 4) After examination under oath or affirmation of the complainant and the witnesses he may produce; and 5)…
1. Concept No person shall be denied the equal protection of the laws. (Section 1, Article III, 1987 Constitution) a. Classification The equal protection of the laws clause of the Constitution allows classification. Classification in law, as in the other departments of knowledge or practice, is the grouping of things in speculation or practice because…
1. Concept a. 2 aspects of due process Due process of law has two aspects: substantive and procedural. In order that a particular act may not be impugned as violative of the due process clause, there must be compliance with both the substantive and the procedural requirements thereof. (Alliance for the Family Foundation, Philippines, Inc….