Chapter 1: Introduction

Constitutional Law is the study of the maintenance

of the proper balance between authority as
represented by the 3 inherent powers of the State
and liberty as guaranteed by the Bill of Rights

The true role of Constitutional Law effect an

equilibrium between authority and liberty so that
rights are exercised within the framework of the
law and the laws are enacted with due deference to
rights.

Fundamental powers of State: Police power,

Eminent domain, taxation

Safeguards of bill of rights: due process, equal

protection, prohibition against unreasonable
searches and seizures etc.

Chapter 2: Nature of the Constitution

Constitution that body of rules and maxims in
accordance with which the powers of sovereignty
are habitually exercised (Cooley)
The written instrument enacted
by direct action of the people by which the
fundamental powers of the government are
established, limited and defined, and by which
those powers are distributed among the several
departments for their safe and useful exercise for
the benefit of the body politic
Purposes of the Constitution:

prescribe the permanent framework of a

system of government
assign to the several departments their
respective powers
establish certain fixed principles on which
government is founded.

Supremacy of Constitution

written
o precepts are embodied in one
document or set of documents
unwritten

evolved
o result of political evolution
enacted
o formally struck off at a definite
time and place following a
conscious or deliberate effort
taken by a constituent body or
ruler
rigid
o can be amended only by a formal
and usually difficult process
flexible
o can be changed by ordinary
legislation

Philippines is a written, conventional and rigid

Essential qualities of the written constitution

broad
o
o

brief
o

supposed to embody the past,

reflect the present and anticipate
the future
it should provide for every
contingency
this must be present to avoid
ambiguity and confusion.

definite
o confine itself to basic principles
to
be
implemented
with
legislative details more adjustable
to change and easier to amend

Essential parts of the Written Constitution

It is the basic and paramount law to which all other

laws must conform and to which all persons must
defer.
Classification of Constitutions

consists of rules which have not

been integrated into a single,
concrete form but are scattered in
various sources

constitution on liberty
o series of prescriptions setting
forth fundamental civil and
political rights of citizens and
imposing
limitations
on
government powers
constitution of government
o outlining
of
the
govt,
enumerating its powers and
laying down certain rules to its
administration and electorate
constitution of sovereignty

points out the mode or procedure

in accordance with hich formal
changes in the fundamental law
may be brought about.

Interpretation of the Constitution

prospective
o cannot affect the past in terms of
decision and application
mandatory
o as a rule, whenever the language
is prohibitory, it is understood as
intended to be a positive and
unequivocal
negation
and
whenever the language contains a
grant of power, it is intended as a
mandate and not mere direction
self-executing
o by itself is directly or indirectly
applicable without need of
statutory implementation

Amendment or revision

amendment
o isolated or piecemeal change only
revision
o a revamp or rewriting of the
whole instrument.

iron rules
interpretation.

not

malleable

to

judicial

proposal
o made either directly by Congress
or by a constitutional convention
position
of
the
Constitutional
Convention
Con Con > other
departments of
government
Theory
of
Conventional
Sovereignty
Con Con < other
departments
Con Con = other
departments

Ratification
o Requirement here is that it
involves he people themselves in
the sovereign act of drafting or
altering the fundamental law
o Proposals
to
amend
the
Constitution must be ratified
within a reasonable time or
period.

Judge Jameson an alteration of the Constitution

proposed today has relation to the sentiment and
felt needs of today and if not ratified early, it ought
to be regarded as waived and not again to be voted
upon unless for a second time proposed.
Amendments are now subject to judicial review
The judiciary may declare as invalid a
proposal adopted by less than of the members of
Congress or call for a constitutional convention by
less than 2/3 of the legislature or a ratification
made my less than a majority of the votes cast or a
plebiscite irregularly held.
Chapter 3: Constitution and the Courts
Requisites of Judicial Inquiry

Procedure in amendment or revision

Constitutional
commissions

There must be an actual case or

controversy
o Involves conflict of legal rights,
an assertion of opposite legal
claims susceptible of judicial
adjudication
o Definite and concrete as well as
real and substantial
Question of constitutionality must be
raised by proper party
o One who has sustained or is in
immiediate danger of sustaining
an injury as a result of act
complained of
The question is raised at earliest
opportunity
o If it is not raised in pleadings, it
cannot be considered in trial
Decision of the question must be
necessary to the determination of case
itself

There is a presumption of
constitutionality
Because it is a combined
act of legislative and
executive

Effects of declaration of unconstitutionality

Orthodox
o An unconstitutional act is not a
law. It is removed from the statute
books and considered not to have
existed at all
Unorthodox
o Refuses to recognize it and
determines the rights of the
parties just as if the statute did not
exist but it does not strike it from
statute books
Partial unconstitutionality
o Valid portions remain provided
they can stand as a separate
statute

Limitations:
o

Police Power power promoting the public

welfare by restraining and regulating the use of
liberty and property.
It regulates not only the property
but the liberty of persons
Characteristics:

Taxation
Similarities

Power of Eminent Domain

Police Power

o
o
o
o
o

Inherent
Indispensable
Methods which the State interferes with
private rights
Presupposes an equivalent compensation
for privates right interfered
Exercised primarily by legislative

Police Power regulates both liberty and

property. Power of eminent domain and
taxation only affects property rights
Police power and taxation may be
exercised only by government. Eminent
domain may be exercised by some private
entities
Property taken in police power is
destroyed due to a noxious purpose but the

Pervasive
Least limitable
Most demanding of the 3 powers
It operates from womb to tomb
Limitless reach
May not be bargained away through the
medium of a contract or even a treaty
It is dynamic and not static and must
move with society it is supposed to
regulate.
It can use taxation as an implement for the
attainment of a legitimate police objective.

Exercise of Police Power

o

Differences:
o

Bill of rights and constitution

Chapter 5: Police Power

o
o
o
o
o
o

Chapter 4: Fundamental Powers of the State

property taken under eminent domain and

taxation is wholesome due to a public use
or purpose
Compensation of person under police
power is intangible, altruistic feeling
while in other powers, it is concerete to
wit a full and fair equivalent of the
property expropriated or protection and
public improviements for the taxes paid

o
o

Lodge primarily with national legislature

but it may be exercised by President as
well as lawmaking bodies on municipal
levels
Exercise of this power is in the discretion
of the legislative department.
This is a political question thus not within
the jurisdiction of the judiciary.
o Only legislature can decide in the
exercise of sound discretion
The ascertainment of facts upon which the
police power is based is likewise a
legislative prerogrative.

The assumption is that the

evidence was necessary to
establish the necessity for the law,
that it was before the legislature
when the act was passed.

Who may exercise

Lodged primarily with national legislature
but it can be delegated to governmental entities
and even private corporations
The following may exercise it:

Test of Police Power

o

The interests of the public generally as

distinguished from those of a particular
class require the exercise of police power
o The activity or property sought to
be regulated affects the public
welfare
o As long as the object is the public
welfare and the subject of
regulation may be properly
related, there is compliance with
the first test requiring the primacy
of the welfare of the many over
the interests of the few.
o Limitation here is that if it is not
concerned with public welfare,
the police power cannot be
invoked.--> private matters
The means employed are reasonably
necessary for the accomplishment of the
purpose and not unduly oppressive upon
individuals
o This means lawful means
o The lawful objective must be
pursued through a lawful method
o It must pass the reasonableness
and specifically conform to the
safeguards emobided in the Bill
of rights for the protection of
private rights.

Chapter 6
If something is needed for public use, the
government must first offer to buy it.
If the owner is unwilling, the govt may coerce
him/her through this power
Eminent Domain highest and most exact idea of
property remaining in the government that may be
acquired for some public purpose through a
method in the nature of a compulsory sale to the
State.
This provision is a limitation and not a
grant as seen in the restrictive language

o
o
o
o
o

Congress
President
Various local legislative bodies
Certain public corporations
Quasi-public corporations

As distinguished from destruction from necessity

The latter may be validly undertaken by
private individuals while eminent domain is not
allowing private individuals to do it. Also the
latter, does not need payment of just compensation.
Necessity of exercise
The questions of necessity or wisdom are
political thus not subject to judicial review.
Private property
Anything that can come under the
dominion of man is subject to expropriation. This
will include real and personal, tangible and
intangible properties.
Exception here is money and chose of
action
Chose of action personal right
not reduced into possession but recoverable by a
suit at law, a right to receive, demand or recover a
debt, demand or damages on a casue of action or
for a tort or omission of duty.
Property already devoted to public use is
still subject to expropriation provided this is done
directly by the national legislature or under a
specific grant of authority to the delegate.
A mere general authority will not
suffice.
The property subject of expropriation
msut be by its nature or condition Wholesome as it
is intended to be devoted to a public use.
Taking

Taking imports a physical dispossession

of the owner as when he is ousted from his land or
relieved of his watch or his car and is thus
deprived of all beneficial use and enjoyment of his
property
May include trespass without
actual eviction of the oner, material impairment of
the value of the property or prevention of the
ordinary uses for which the property was intended.
Nevertheless, not every taking is
compensable as it may be justified under police
power
If one sufers more than his aliquot part of
the damages, that is, a special injury over and
above that sustained by the rest of the community,
he will be entitled to payment of the corresponding
compensation.
Requisites of taking in eminent domain are:
o
o
o
o
o

The expropriator must enter a private

property
The entry must be for more than a
momentary period
Entry must be under warrant or color of
legal authority
The property must be devoted to public
use or otherwise informally approrpriated
or injuriously affected
The utilization of the property for public
use must be in such a way as to oust the
owner and deprive him of beneficial
enjoyment of the property.

The expropriator can enter the said property only

after
expropriation
proceedings
actually
commenced and the deposit required by law is
already made.
Public Use
Public use any use directly avaialbe to
the general public as a matter of right and not
merely of forbearance or accommodation.
Also applies if the property is devoted to
public services administered by privately-owned
public utilities
What matters here is that any
member of the general public, can demand the

right to use the converted property for his direct

and personal convenience.
Just compensation
Just compensation full and fair
equivalent of the property taken from the private
owner by the expropriator.
Just used to intensify the meaning of the
word compensation, to convey the idea that the
equivalent to b rendered shall be real, substantial,
full, ample.
It must be fair and just to the owner as
well as to the expropriator.
Owner those who have lawful interest
in the property to be condemned including a
mortagee, lessee, and vendee.
How to ascertain just compensation
o

Courts must determine the actual or basic

value of the property.
o This is the price agreed upon by
parties willing but not compelled
to enter into a contract of sale
o Among the factors to be
considered in arriving at the fair
market value of the property are
the cost of acquisition (the current
value of like properties, its actual
or potential uses.
Consequential benefits,
must be direct and
particular and not merely
shared with the rest of
the properties in the area
as where there is general
appreciation of land
values because of the
public use to which the
condemned
properties
are devoted.
The property taken should be assessed as
of the time of the taking, which usually
coincides with the commencement of the
expropriation proceedings.
The owner is entitled to payment of
interest from the time of the taking until
just compensation is actually paid to him.

It should be stressed that title to the

property shall not be transferred until after
actual payment of just compensation is
made to the owner.
Chapter 7: Taxation
Taxes the enforced proportional contributions
from persons and property, levied by the State by
virtue of its sovereignty for the support of
government and for all public needs.
Taxation methods by which these contributions
are exacted.
In the case of taxation, there is at least an effort to
apportion the costs of government among the
people, according to their ability to pay and on the
basis of as scientific a classification as possible.
Importance of taxation
Derives from the unavoidable obligation
of the government to protect the people and extend
them benefits in the form of public projects and
services.
The obligation to pay taxes is not based on
contract. It is a duty imposed upon the individual
by the mere fact of his membership to the politic
and his enjoyment of the benefits available from
such membership.
Taxes are distinguished from licenses in the sense
that the former are levied to raise revenue whereas
the latter are imposed for regulatory purposes only.
Scope:
It reaches even the citizen abroad and his income
earned from sources outside.
power to tax includes the power to destroy
John Marshall
power of tax does not include the power to
destroy as long as this Court sits Justice
Holmes
Power to ta may include the power to destroy if it
is used validly as an implement of the police
power in discouraging and in effect ultimately
prohibiting certain things or enterprises inimical to
the public welfare.

When the power to tax is used solely for the

purpose of raising revenues, the modern view is
that it cannot be allowed to confiscate or destroy.
Exercise
It is primarly vested in the national
legislature, but it may be exercised now by local
legislative bodies
It can be reversed when it violates the due
process and equal protection clause or the
particular restrictions on the power of taxation.
Due process and taxation
Taxation is subject to the requirements of
due process
From the procedural viewpoint, due
process does not require previous notice and
hearing before a law prescribing fixed or specific
taxes on certain articles may be enacted.
Otherwise, the ad valorem tax
may be increased to the prejudice of the owner in
the ex parte appraisal to be mad by the government
authorities.
Equal protection and taxation
Taxation is subject to the general
requirements of the equal protection clause.
Taxation shall be uniform and
equitable
Uniformity means that persons or
things belonging to the same class shall be taxed at
the same rate.
Equality tax shall be strictly
proportional to the relative value of the property.
Equitable taxes should be
apportioned among the people according to their
capacity to pay.
Double taxation
Double taxation additional taxes are
laid on the same subject by the same taxing
jurisdiction during the same taxing period and for
the purpose.

Not allowed if it results in a violation of

the equal protection clause

deprived of life, liberty or property without due

process of law

Public Purpose:

It remains dynamic, resilient, adaptable to

every situation calling for its application.

To sustain a tax, it is necessary to show

that the proceeds are devoted to a public purpose.
As long as there is a link to public
welfare, the tax is valid.

Due process responsiveness to the

supremacy of reason, obedience to the dictates of
justice.
The embodiment of the sporting

Tax exemptions

idea of fair play

It is either constitutional or statutory

Granted
to
religious
and
charitable institutions because of the assistance to
the State in the form of improving the morality of
people and care of the indigent and handicapped.
Statutory exemptions are granted in the
discretion of the legislature. (there must be
concurrence of a majority of all the members of
Congress)
Chapter 8: Due Process of Law

Guaranty against any arbitrariness

on the part of the government.
Person
Due process clause protects all persons ,
natural as well as artificial
Natural citizens and alien
Artificial

corporations,

partnerships
Deprivation

Origins of Due Process

It has its origins in the Magna Carta
wherein it is stated no man shall be taken or
imprisoned or disseized or outlawed or in any
manner destroyed; nor shall we go upon him nor
send upon him but by the lawful judgment of his
peers or by the law
Evolution of Due process

Deprive take away forcibly, to prevent

from possessing, enjoying or using something
Denial of right of life, liberty or
property.
What is a violation
deprivation without due process of law

is the

Life

a law which heards before it condemns,

which proceeds upon inquiry and renders judgment
only after trial Daniel Webster

Life the integrity of the physical person.

This would connote respect for the body of a
human being

Due process is a limitation on the

legislature itself.

Liberty

The safeguards were expanded by our

Constitution in the form of the bill of rights

Liberty freedom to do right and never

wrong Mabini

Has
procedural

A person is free to act but hey may

exercise his rights only in such manner as not to
injure the rights of others

two

aspects:

substantive

and

Meaning of due process

The Constitutional safeguard of due
process is briefly worded thus: no person shall be

An individual should be prepared to

surrender part of his freedom for the benefit of the
greater number.

Property
Property anything that can come under
the right of ownership and be the subject of
contract.
Includes real, personal, tangible,
intangible.
One cannot have a vested right to a public
office as it is not regarded as property.
o

Mere privileges are not property

Substantive Due Process
Requires the intrinsic validity of the law in
interfering with the rights of the person to his life,
liberty or property.
o
o

The law must have a valid governmental

objective
It must be pursued in a lawful manner.

Procedural due process

strike but hear me first
hears before it condemns, which
proceeds upon inquiry and renders judgment only
after triral.
Requirements of procedural due process in
judicial proceedings:
o

There must be an impartial court

or tribunal clothed with judicial
power to hear and determine the
matter before it
o Court must not be
affected by bias .
o Competent court means
one
vested
with
jurisdiction over a case
as conferred upon it by
law.
Jurisdiction must be lawfully
acquired over the person of the
defendant and over the property
which is the subject matter of the
proceeding
The defendant must be given an
opportunity to be heard
o Notice to a party is
essential to enable it to

adduce its own evience

and to meet and refute
the evidence submitted
by the other party
o Essence of due process
lies in the reasonable
opportunity to be heard
and to submit any
evidence one may have
in support of ones
defense.
Judgment must be rendered upon
lawful hearing
o To avoid disregarding
evidence adduced by
parties and to avoid
unsupported conclusions.

Administrative due process

o
o
o
o
o
o

The right to a hearing

Tribunal must consider the evidence
presented
Decision must have support
Evidence is substantial
Decision is based on the evidence
presented or contained in the record and
disclosed to parties affected
Board or body should in all controversial
questions render its decision in a manner
that the parties know the various issues
involved and the reason for the decision

Chapter 9: Equal Protection

It is also dynamic and indefinite
To provide for the adjustability in a
changing society
It is a guaranty against undue favouritism or
hostility from the government
Equal protection requires that all persons or
things similarily situated should be treated alike,
both as to rights conferred and responsibilities
imposed.
To add, the law must be applied
and enforced equally.
Persons protected

Available to all persons, natural as well as

juridical.
Artificial persons are entitled insofar as
their property is concerned.

Artificial persons are also entitled but may

be required to open their books under examination
by the State in the exercise of the police power or
the power of taxation.
But there is need of a warrant

Classification
The law requires that there is equality
among equals

This right is only entitled and may be

invoked by the rightful owner of the
property/house.

It is important to note the situation that

each person is placed in

Requisites of a Valid Warrant:

Classification grouping of persons or things

similar to each other in certain particulars and
different from all others in these same particulars.

Requirements:
o

o
o

It must be based upon substantial

distinctions
o Physical differences can
be one distinction.
Must be germane to the purpose
of the law
Not be limited to existing
conditions only
o The classification must
be enforced not only for
the present but for as
long a the problem
sought to be corrected
continues to exist.
Must apply equally to all
members of the class
o Substantive
similarity
will suffice, as long as
this is achieved, all those
covered
by
the
classification are to be
treated equally.

Chapter 10: Searches and Seizures

The ordinary citizen enjoys the rights against
official intrusion and is master of all the surveys
within the domain and privacy of his own home.
Scope of protection
Available to all persons whether accused
or not

Must be based upon probable cause

o Probable cause facts and
circumstances antecedent to the
issuance of a warrant that in
themselves are sufficient to
induce a cautious man to rely on
them and act in pursuance
thereof.
o It is a reasonable ground of
suspicion
supported
by
circumstances sufficiently strong
in themselves to warrant a
cautious man in believing accused
to be committing the offense
o There must be a specific offense
The probable cause must be determined
personally by the judge
o The prosecutor would give the
evidence or facts to the judge and
the latter will decide if there is
probable cause
o The prosecutor determines if
there is reasonable ground to
make the accused guilty and held
for trial
o A judge determines whether a
warrant of arrest should be issued
to place the person in custody
o Requirement of probable cause is
not applicable in deportation
proceedings which are not
criminal in nature
o Warrants of arrests may be issued
by administrative authorities to
carry out a final finding of
violation of law
The determination must be made after
examination under oath or affirmation of
the complaint and the witnesses he may
produce.

Heresay is not allowed

It must be basd on personal
knowledge of witness and
complainant.
It must particularly describe the place to
be searched and the persons or things to
be seized.
o
o

Properties subject to seizure

o
o
o

Moral restraint
Court has no jurisdiction
Sentence becomes moot & academic

Grounds for Suspension

o
o
o

Rebellion
Invasion
Threats to public safety

Property subject of the offense

Property stolen or embezzled and other
proceeds or fruits of the offense
Property used or intended to be used as
the means of committing a crime.

It is the president who has the power to

suspend the privilege of the writ of habeas
corupus

Simply,, illegally seized evidences are inadmissible

in court

60 days as a maximum period of suspending

the privilege of the writ

When a warrant is not needed to do search and

seizures and arrest

48 hours from the proclamation to submit a

report in person or in writing to Congress as to
why the President suspended the privilege

o
o
o

o
o

o
o
o

When such person has in fact just

committed or will commit a crime in his
presence
When an offense has just been committed
and he has personal knoweldege of facts
indicating that the person to be arrested
has done it.
When the person to be arrested is a
prisoner who has escaped.
When the person executes a waiver of his
right
Entry points

This also applies to the privacy of communication

and correspondence
Chapter 18: Writ of Habeas Corpus
Writ of habeas corpus prerogative writ of liberty
employed to test the validity of a persons
detention
Directed to the person
detaining another commanding him to produce the
body of the prisoner at a designated time and
place, with the day and cause of his caption and
detention, to do, to submit to, and receive sider in
his behalf.
When available
o

Physical restraint

60: 48: 24: 30:3

24 hours following such proclamation, the

Congress must convene
Within 30 days from filing of any citizen
challenging the factual basis of Martial law or
suspension of privilege of writ, the Supreme
Court can review
Within 3 days, a person arrested while the
privilege is suspended must be judicially
charged
Congress can extend the 60 day limit imposed
on the Martial Law upon a concurrence of
only a majority of its members voting jointly.
The extension can be indefinite.
The suspension of the writ on any grounds are
granted to the President but subject to judicial
review.
Chapter 19: Speedy Disposition of Cases
Reasons for delay in the decision of cases:

Number of litigations filed

Lack of dedication and industry on
the part of the judges
Leniency of the procedural laws

Supreme Court can now temporarily assign a

judge from one station to another to help another
judge out when public interest requires.

24: 12: 3: maximum period for the decision or

resolution of cases.
Supreme Court, lower collegiate courts , and other
lower courts respectively