Political Law Bar Q and A

Political Law Bar Questions and Answers

Bar Q and A #18

1.) Emilio had long suspected that Alvin, his employee, had been passing trade secrets to his competitor, Randy, but he had no proof. One day, Emilio broke open the desk of Alvin and discovered a letter wherein Randy thanked Alvin for having passed on to him vital trade secrets of Emilio. Enclosed in the letter was a check for P50,000.00 drawn against the account of Randy and payable to Alvin. Emilio then dismissed Alvin from his employment. Emilio's proof of Alvin's perfidy are the said letter and check which are objected to as inadmissible for having been obtained through an illegal search. Alvin filed a suit assailing his dismissal. Rule on the admissibility of the letter and check.

As held in People v. Marti (G.R. No. 81561, January 18, 1991), the constitution, in laying down the principles of the government and fundamental liberties of the people, does not govern relationships between individuals. Thus, if the search is made at the behest or initiative of the proprietor of a private establishment for its own and private purposes and without the intervention of police authorities, the right against unreasonable search and seizure cannot be invoked for only the act of private individuals, not the law enforcers, is involved. In sum, the protection against unreasonable searches and seizures cannot be extended to acts committed by PRIVATE INDIVIDUALS so as to bring it within the ambit of alleged unlawful intrusion by the government. Accordingly, the letter and check are admissible in evidence. (Waterous Drug Corp. v. NLRC, G.R. No. 113271, October 16, 1997)

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2.) The Destilleria Felipe Segundo is famous for its 15-year old rum, which it has produced and marketed successfully for the past 70 years. Its latest commercial advertisement uses the line: "Nakalikim ka na ba ng kinse anyos?" Very soon, activist groups promoting women's and children's rights were up in arms against the advertisement. a. All advertising companies in the Philippines have formed an association, the Philippine Advertising Council, and have agreed to abide by all the ethical guidelines and decisions by the Council. In response to the protests, the Council orders the pull-out of the "kinse anyos" advertising campaign. Can Destilleria Felipe Segundo claim that its constitutional rights are thus infringed? b. One of the militant groups, the Amazing Amazonas, call on all government-owned and controlled corporations (GOCC) to boycott any newspaper, radio or TV station that carries the "kinse anyos" advertisements. They call on all government nominees in sequestered corporations to block any advertising funds allocated for any such newspaper, radio or TV station. Can the GOCCs and sequestered corporations validly comply?

a.) Destilleria Felipe Segundo cannot claim that its constitutional rights were infringed. In this case, a private association formed by advertising companies for self-regulation was the one who ordered that the advertisement be pulled out, because Destilleria did not comply with the association’s ethical guidelines. The guarantee of freedom of speech is a limitation on state action and not on the action of private parties (Lloyd Corporation v. Tanner, 407 US 551). The mass media are private enterprises, and their refusal to accept any advertisement does not violate freedom of speech (Times- Picayune Publishing Company v. United States, 345 US 594; Columbia Broadcasting System, Inc. v. Democrat Control Committee, 412 US 94).

b.) The government-owned and controlled corporations and the government nominees in sequestered corporation cannot block any advertising funds allocated for any newspaper, radio or television station which carries the advertisements of Destilleria Felipe Segundo. Since they are government entities and officers, they are bound by the guarantee of freedom of speech. Freedom of speech extends to commercial advertisements (Metromedia, Inc. v. San Diego, 453 US 400). The mere fact that an advertisement is offensive cannot justify its suppression (Carey v. Population Services International, 431 US 678). The blocking of advertising funds is a threat intended to prevent the exercise of the freedom of speech of Destilleria Felipe Segundo through the fear of consequences. Such a threat qualifies as prior restraint. (Rosden, The Law of Advertising, Vol I, pp. 5-13)

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3.) Give examples of acts of the state which infringe the due process clause: a. in its substantive aspect and b. in its procedural aspect?

a.) Substantive due process requires that the law itself, not merely the procedures by which the law would be enforced, is fair, reasonable, and It is violated when it is unreasonable or unduly oppressive. For example, Presidential Decree No. 1717, which cancelled all the mortgages and liens of a debtor, was considered unconstitutional for being oppressive. Likewise, as stated in Ermita- Malate Hotel and Motel Operators Association, Inc. v. City Mayor of Manila, 20 SCRA 849, a law which is vague so that men of common intelligence must guess at its meaning and differ as to its application violates substantive due process.

b.) Procedural due process refers to the method or manner by which the law is In State Prosecutors v. Muro, 236 SCRA 505, it was held that the dismissal of a case without the benefit of a hearing and without any notice to the prosecution violated due process. Likewise, as held in People v. Court of Appeals, 262 SCRA 452, the lack of impartiality of the judge who will decide a case violates procedural due process.

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4.) On April 6, 1963, Police Officer Mario Gatdula was charged by the Mayor with Grave Misconduct and Violation of Law before the Municipal Board. The Board investigated Gatdula but before the case could be decided, the City charter was approved. The City Fiscal, citing Section 30 of the city charter, asserted that he was authorized there under to investigate city officers and employees. The case against Gatdula was then forwarded to him, and a re- investigation was conducted. The office of the Fiscal subsequently recommended dismissal. On January 11, 1966, the City Mayor returned the records of the case to the City Fiscal for the submission of an appropriate resolution but no resolution was submitted. On March 3, 1968, the City Fiscal transmitted the records to the City Mayor recommending that final action thereon be made by the City Board of Investigators (CBI). Although the CBI did not conduct an investigation, the records show that both the Municipal Board and the Fiscal's Office exhaustively heard the case with both parties afforded ample opportunity to adduce their evidence and argue their cause. The Police Commission found Gatdula guilty on the basis of the records forwarded by the CBI. Gatdula challenged the adverse decision of the Police Commission theorizing that he was deprived of due process. Questions: Is the Police Commission bound by the findings of the City Fiscal? Is Gatdula's protestation of lack or non-observance of due process well- grounded? Explain your Answers.

The Police Commission is not bound by the findings of the City Fiscal. In Mangubat v. de Castro, 163 SCRA 608, it was held that the Police Commission is not prohibited from making its own findings on the basis of its own evaluation of the records. Likewise, the protestation of lack of due process is not well grounded, since the hearings before the Municipal Board and the City Fiscal offered Gatdula the chance to be heard. There is no denial of due process if the decision was rendered on the basis of evidence contained in the record and disclosed to the parties affected.

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5.) On November 7, 1990, nine lawyers of the Legal Department of Y Bank who were all under Fred Torre, sent a complaint to management accusing Torre of abusive conduct and mismanagement. Furnished with a copy of the complaint, Torre denied the charges. Two days later, the lawyers and Torre were called to a conference in the office of the Board Chairman to give their respective sides of the controversy. However, no agreement was reached thereat. Bank Director Romulo Moret was tasked to look further into the matter. He met with the lawyers together with Torre several times but to no avail. Moret then submitted a report sustaining the charges of the lawyers. The Board Chairman wrote Torre to inform him that the bank had chosen the compassionate option of "waiting" for Torre's resignation. Torre was asked, without being dismissed, to turn over the documents of all cases handled by him to another official of the bank but Torre refused to resign and requested for a "full hearing". Days later, he reiterated his request for a "full hearing", claiming that he had been "constructively dismissed". Moret assured Torre that he is "free to remain in the employ of the bank" even if he has no particular work assignment. After another request for a "full hearing" was ignored, Torre filed a complaint with the arbitration branch of NLRC for illegal dismissal. Reacting thereto, the bank terminated the services of Torre. a. Was Torre "constructively dismissed" before he filed his complaint? b. Given the multiple meetings held among the bank officials, the lawyers and Torre, is it correct for him to say that he was not given an opportunity to be heard? Explain.

a. Torre was constructively dismissed, as held in Equitable Banking Corporation National Labor Relations Commission, 273 SCRA 352. Allowing an employee to report for work without being assigned any work constitutes constructive dismissal.

b.) Torre is correct in saying that he was not given the chance to be The meetings in the nature of consultations and conferences cannot be considered as valid substitutes for the proper observance of notice and hearing.

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6.) The Philippine Ports Authority (PPA) General Manager issued an administrative order to the effect that all existing regular appointments to harbor pilot positions shall remain valid only up to December 31 of the current year and that henceforth all appointments to harbor pilot positions shall be only for a term of one year from date of effectivity, subject to yearly renewal or cancellation by the PPA after conduct of a rigid evaluation of performance. Pilotage as a profession may be practiced only by duly licensed individuals, who have to pass five government professional examinations. The Harbor Pilot Association challenged the validity of said administrative order arguing that it violated the harbor pilots' right to exercise their profession and their right to due process of law and that the said administrative order was issued without prior notice and hearing. The PPA countered that the administrative order was valid as it was issued in the exercise of its administrative control and supervision over harbor pilots under PPA's legislative charter, and that in issuing the order as a rule or regulation, it was performing its executive or legislative, and not a quasi-Judicial function. Due process of law is classified into two kinds, namely, procedural due process and substantive due process of law. Was there, or, was there no violation of the harbor pilots' right to exercise their profession and their right to due process of law?

The right of the harbor pilots to due process was violated. As held in Corona v. United Harbor Pilots Association of the Philippines, 283 SCRA 31 pilotage as a profession is a property right protected by the guarantee of due process. The pre-evaluation cancellation of the licenses of the harbor pilots every year is unreasonable and violated their right to substantive due process. The renewal is dependent on the evaluation after the licenses have been cancelled. The issuance of the administrative order also violated procedural due process, since no prior public hearing was conducted. As held in CIR v. CA, 261 SCRA 237, when a regulation is being issued under the quasi-legislative authority of an administrative agency, the requirements of notice, hearing and publication must be observed.

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7.) Ten public school teachers of Caloocan City left their classrooms to join a strike, which lasted for one month, to ask for teachers' benefits. The Department of Education, Culture and Sports charged them administratively, for which reason they were required to A and formally investigated by a committee composed of the Division Superintendent of Schools as Chairman, the Division Supervisor as member and a teacher, as another member. On the basis of the evidence adduced at the formal investigation which amply established their guilt, the Director rendered a decision meting out to them the penalty of removal from office. The decision was affirmed by the DECS Secretary and the Civil Service Commission. On appeal, they reiterated the arguments they raised before the administrative bodies, namely: They were deprived of due process of law as the Investigating Committee was improperly constituted because it did not include a teacher in representation of the teachers' organization as required by the Magna Carta for Public School Teachers

The teachers were deprived of due process of law. Under Section 9 of the Magna Carta for Public School Teachers, one of the members of the committee must be a teacher who is a representative of the local, or in its absence, any existing provincial or national organization of teachers. According to Fabella v. CA, 283 SCRA 256, to be considered the authorized representative of such organization, the teacher must be chosen by the organization itself and not by the Secretary of Education, Culture and Sports. Since in administrative proceedings, due process requires that the tribunal be vested with jurisdiction and be so constituted as to afford a person charged administratively a reasonable guarantee of impartiality, if the teacher who is a member of the committee was not appointed in accordance with the law, any proceeding before it is tainted with deprivation of procedural due process.

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8.) The municipal council of the municipality of Guagua, Pampanga, passed an ordinance penalizing any person or entity engaged in the business of selling tickets to movies or other public exhibitions, games or performances which would charge children between 7 and 12 years of age the full price of admission tickets instead of only one-half of the amount thereof. Would you hold the ordinance a valid exercise of legislative power by the municipality? Why?

The ordinance is void. As held in Balacuit v. CFI of Agusan del Norte, 163 SCRA 182, the ordinance is unreasonable. It deprives the sellers of the tickets of their property without due process. A ticket is a property right and may be sold for such price as the owner of it can obtain. There is nothing pernicious in charging children the same price as adults.

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9.) The City Mayor issues an Executive Order declaring that the city promotes responsible parenthood and upholds natural family planning. He prohibits all hospitals operated by the city from prescribing the use of artificial methods of contraception, including condoms, pills, intrauterine devices and surgical sterilization. As a result, poor women in his city lost their access to affordable family planning programs. Private clinics however, continue to render family planning counsel and devices to paying clients. a. Is the Executive Order in any way constitutionally infirm? Explain. b. Is the Philippines in breach of any obligation under international law? Explain. c. May the Commission on Human Rights order the Mayor to stop the implementation of the Executive Order? Explain.

a.) The Executive Order is constitutionally It violates the guarantee of due process and equal protection. Due process includes the right to decisional privacy, which refers to the ability to make one’s own decisions and to act on those decisions, free from governmental or other unwanted interference. Forbidding the use of artificial methods of contraception infringes on the freedom of choice in matters of marriage and family life (Griswold v. Connecticut, 381 US 415). Moreover, the Executive Order violates equal protection as it discriminates against poor women in the city who cannot afford to pay private clinics.

b.) The acts of the City Mayor may be attributed to the Philippines under the principle of state Article 26 of the International Covenant on Civil and Political rights requires that Philippine law shall prohibit any discrimination and shall guarantee to all persons equal and effective protection against discrimination on any ground such as social origin, birth or other status. The Executive Order of the City Mayor discriminates against poor women.

c.) The Commission on Human Rights cannot order the City Mayor to stop the implementation of his Executive Order, because it has no power to issue writs of injunction (Export Processing Zone Authority v. Commission on Human Rights, 208 SCRA 125)

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10.) The Philippine National Police (PNP) issued a circular to all its members directed at the style and length of male police officers' hair, sideburns and moustaches, as well as the size of their waistlines. It prohibits beards, goatees and waistlines over 38 inches, except for medical reason. Some police officers questioned the validity of the circular, claiming that it violated their right to liberty under the Constitution. Resolve the controversy.

The circular is valid. The circular is based on a desire to make police officers easily recognizable to the members of the public or to inculcate spirit de corps which such similarity is felt to inculcate within the police force. Either one is a sufficient rational justification for the circular (Kelley v. Johnson 425 US 238)

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