Constitutional Law II - Bill of Rights Section 6,7,8,9 Flashcards
What does Sec. 6, Art III, 1987 Constitution provides?
The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.
What is residency?
Residence’ is used to indicate a place of abode, whether permanent or temporary;
What is domicile?
denotes a fixed permanent residence to which, when absent, one has the intention of returning.
Can the right of liberty of abode be impaired?
Yes, Upon the lawful order of the court
Can the right to travel be impaired?
Yes, in the interest of national security, public safety, or public health, as may be provided by law
What is the nature of the right to change abode and to travel?
It is not absolute.
Does the constitutional right to travel include the right to return to the Philippines?
No, But the right to return to the one’s country is a generally accepted principle of international law
Note: Doctrine of Incorporation
Does the president have the power to prevent someone to return to the Philippines
Yes, under the president’s residual power.
What is “Residual power of the president”
All powers that is not judicial nor legislative in nature would fall under the executive
What does Sec. 7, Art III, Constitution provide?
Section 7. 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 citizen, subject to such limitations as may be provided by law.
What is the nature of the right to information?
It is not absolute.
What does information mean in Sec.7 Art III, 1987 Constitution
Information on matters of public concern
What are the Limitations on right to information?
Information of public concern
Information of excluded by law
Privileged information
What are the kinds of executive privilege?
Deliberative Communications Privilege - decision making of executive officials
Presidential Communications Privilege - decision making of president
What does Sec. 8 Art. III, 1987 Constitution provide?
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.
What is the nature of the right of association?
It is not absolute.
What are the limitations of the right of association?
You cannot form associations contrary to law
Do governments employees have a right to strike?
No, due to the fact that it will disrupt public service
What should government employees do instead of striking?
The should petition the Congress for the betterment of the terms and conditions of employments which are within the ambit of legislation of those which are not fixed by law.
Is the compulsory membership to the integrated bar of the Philippines a violation of the freedom to associate?
No, It is an exercise of police power because it is of public interest.
Furthermore, you will become a member of the IBP after passing the BAR
Requisites of taking in Sec. 9 Art III, 1987 Constitution?
The expropriator must enter the private property;
The entry must be for more than a momentary period
The entry must be under a warrant or color of authority
The property must be devoted to public use or otherwise informally appropriated or injuriously affected
The taking must be in a way to oust the owner and prevent him from enjoying the benefits of the property
What is public use under Sec. 9 Art III, 1987 Constitution?
A meeting of public need or public exigency or the indirect benefit of the public
What is just compensation?
The value of the private property at the time of the taking.
Who has the primary duty to determine just compensation?
The judiciary
What are the stages of expropriation?
First, determination of the validity of the expropriation and determination of just compensation
What does Sec. 10, Art III, 1987 Constitution
No law impairing the obligation of contracts shall be passed.
Dos Sec. 10, Art III, 1987 Constitution only limited to laws?
No, it affects all governmental acts
What is the scope of the non -impairment of contracts
clause?
The constitutional prohibition against impairing contractual obligations is not absolute and is not to be read with literal exactness. It is restricted to
contracts with respect to property or some object of value and which confer rights that maybe asserted in a court of justice; it has no application to statutes relating to public subjects within the domain of the general legislative powers of the State and involving the public rights and public welfare of the entire community affected by it.
What is the purpose of the non-impairment of contracts clause?
When is there impairment of
contract?
The purpose of the non-impairment clause of the Constitution is to safeguard the integrity of contracts against unwarranted interference by the State.
