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Section 1:
POLICE POWER is the most essential, insistent and the least limitable of
powers, extending as it does to all the great public needs. It is the power
vested in the legislature by the constitution to make, ordain, and establish all
manner of wholesome and reasonable laws, statutes, and ordinances, either
with penalties or without not repugnant to the constitution, as they shall
judge to be for the good and welfare of the commonwealth, and of the
subject of the same.
SCOPE:
Police power rests upon public necessity and upon the right
of the state and of the public to self-protection.
2.
3.
4)
GIVE
THE
CARDINAL
PRIMARY
REQUIREMENTS
OF DUE
PROCESS
IN
ADMINISTRATIVE PROCEEDINGS
2)
3)
Warrant Requirement
Requisites of a valid warrant:
produce;
DO
THE
ORDINARY RIGHTS
AGAINST
UNREASONABLE SEARCHES AND SEIZURES
APPLY TO SEARCHES CONDUCTED AT THE
AIRPORT PURSUANT TO ROUTINE AIRPORT
SECURITY PROCEDURES?
Warrantless arrest
A peace officer or private person may, without a
warrant, arrest a person:
1) When, in his presence the person to be arrested
has committed, is actually committing, or
attempting to commit an offense;
2)
Supreme Court;
3)
Court of Appeals; or
4)
Freedom of expression
Commercial speech
The Supreme Court of the United States has prescribed the
four-prong Central Hudson test to determine whether a
governmental regulation of commercial speech is
constitutional. This test asks initially:
1)
2)
3)
4)
2)
3)
4)
Benevolent neutrality
With religion looked upon with benevolence and not
hostility, benevolent neutrality allows accommodation of
religion under certain circumstances. Accommodations
are government policies that take religion specifically into
account not to promote the governments favoured form of
religion, but to allow individuals and groups to exercise
their religion without hindrance. Their purpose or effect
therefore is to remove a burden on, or facilitate the
exercise of, a persons or institutions religion.
Balancing of Interests
In weighing the states interest and religious freedom,
when these collide,. three questions are answered in this
process.
First, has the statute or government action created a
burden on the free exercise of religion? The courts often
look into the sincerity of the religious belief, but without
inquiring into the truth of the belief because the Free
Exercise Clause prohibits inquiring about its truth;
Second, the court asks: is there a sufficiently compelling
state interest to justify this infringement of religious
liberty? In this step, the government has to establish that
its purposes are legitimate for the state and that they are
compelling; and
2)
Strict neutrality
Strict neutrality holds that government should base public
policy solely on secular considerations, without regard to
the religious consequences of its actions.
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 citizen, subject to
such limitations as may be provided by law (Section 7,
Art. III)
Eminent Domain
Private property shall not be taken for public use
without just compensation (Section 9, Art. III)
1)
Just compensation
The compensation given to the owner is just if he
receives for his property a sum equivalent to its market
value. Market value is the price fixed by the buyer
and seller in the open market in the usual and ordinary
course of legal trade and competition; the price and
value of the article established or shown by sale, public
or private, in the ordinary way of business; the fair
value of property between one who desires to purchase
and one who desires to sell; the current price; the
general or ordinary price for which property may be
sold in that locality. To the market value must include
CONSEQUENTIAL
DAMAGES.
From
the
consequential damages must be deducted the
CONSEQUENTIAL BENEFITS, which is the increase
in the value of the other interests of the owner that can
be attributed to the new use to which his former
property will be put by the expropriating authority
(Manila Railroad Co. v. Rodriguez 13 Phil. 347 (1909).
3)
3)
4)
(1)
Any person under investigation for the
commission of an offense shall have the right to be
informed of his right to remain silent and to have a
competent and independent counsel preferably of his
own choice. If the person cannot afford the services of
counsel, he must be provided with one. These rights
cannot be waived except in writing and in the presence
of counsel.
5)
6)
7)
(4) The law shall provide for penal and civil sanctions
for violations of this section as well as compensation to
and rehabilitation of victims of torture of similar
practices, and their families.
8)
11)
1)
Habeas Corpus
The privilege of the writ of habeas corpus shall not be
suspended except in cases of invasion or rebellion when
public safety requires it (Section 15, Article III).
Presumption of innocence
Writ of Amparo
The petition for a writ of amparo is a remedy available
to any person whose right to life, liberty and security is
violated or threatened with violation by an unlawful act or
omission of a public official or employee, or of a private
individual or entity. The writ shall cover extralegal
killings and enforced disappearances or threats thereof
(Section 1)
Who May File. The petition may be filed by the
aggrieved party or by any qualified person or entity in
the following order:
Self-Incrimination clause
Exceptions are:
a) punishment for a crime whereof the party
shall have been convicted
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Art II);
c) naval (merchant marine) enlistment
d) posse comitatus
e) return to work order in industries affected
with public interest
f) patria potestas
Proscribed punishments
(1) Excessive fines shall not be imposed, nor cruel,
degrading or inhuman punishment inflicted. Neither
shall death be imposed, unless for compelling reasons
involving heinous crimes, the Congress hereafter
provides for it. Any death penalty already imposed
shall be reduced to reclusion perpetua.
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