Consti 2

Bill of rights:
Definition:
Political Rights
Civil Rights
3 Inherent Powers of the State:
1. Police Power
2. Eminent Domain
3. Taxation
Similarities:
a. Inherent, necessary and
indispensable;
b. These are means by which the
State interferes with our private
rights;
- Thats why we have the Bill
of Rights to protect us the
unreasonable interference of
the State
c. Exercised by legislation
Distinctions:
Police Power:
-

Regulates liberty and

property
Exercised by the government
only
Property taken is destroyed.
Ex: prohibited drugs
The compensation is for
altruistic feeling or gain

Taxation:
-

Affects only property

Exercised not only by the
government but also private
utilities, like PLDT and
MERALCO

It regulates property
Exercised by the government
only
Property taken is also used

Limitations:
-

The inherent powers may

not be exercised in violation
of the Bill of Rights
The exercise may be
annulled by the courts.

POLICE POWER
Who may exercise?
Limitations:
1. Substantive Due Process w/n
that the law is a proper exercise
of legislative power
- Intrinsic validity of the law
a. Lawful subject
b. Lawful Means
City of Manila vs. Laguio
Lourdes Fernando vs. St.
Scholastica
-

Eminent Domain:
-

The property taken is used

Compensation is just
compensation

If the property is used for

aesthetic purpose the
taking is considered as an
exercised of Eminent
Domain. But in this case, no
just compensation were
paid.

Senior Citizen Discount

-

Compulsory

An exercise of police power

it is a forced subsidy
Carlos v. Super Drug (2007)
SC: Regulation of prices
goods and services sold to
senior citizen affects public
welfare
Delegation to local
government:

1. There must be an express provision

granting the person;
2. The exercise of the delegation must
be within the territory of the local
government;
3. The exercise must not be contrary
to existing laws.
CASE: Ferrer v. City of Quezon City,
June 30, 2015
-

Issue on socialized housing

tax

SC: VALID.
Using taxation as an implement in
order to promote the welfare of
informal settlers consistent with
Urban Development act for the
Urban Poor.
RA 9646
-

To promote safety and health

of buyers

Complaint on basketball
court and with the help of
the brgy tanod, they
destroyed the basketball
court

W/N police power may be exercised by

the brgy punong barangay in a
summary abatement of destroying the
basketball court.
SC: The basketball court is not a
nuisance per se. Hence, summary
abatement was invalid.
The punong barangay has no police
power. Punong barangay has no
legislative power and the destruction
is not justified by law or necessity.

Republic vs. Heirs of Saturnino Borbon

General Rule:

Exception: Principle of Estoppel or

Laches in favor of the State

Burden of Proof is on the expropriator

to prove that there is genuine
necessity. This is a justiciable
question. It is relevant only when it is
a mere delegate who exercises the
eminent domain.

Pandacan Oil Depot

RA 8187 ; RA 8283 a supervening
ordinance
Cruz vs. Pandacan, Jan. 11, 2016
Petitioner Cruz, a punong barangay

How to compute the Just

Compensation?
Fair Market Value + Consequential
Damages Benefits = Just
Compensation

Time of the taking or time of

filing, whichever comes first

Republic vs. Soriano, Feb 25, 2015

Republic vs. Lucas
General Rule: acquisition of a private
property by the State through the
exercise of eminent domain is
imprescriptible.
Exception: if the delay is more than
five (5) years, the property owner may
recover the property.
Republic vs. Vicente Lim
Secretary of DPWH vs. Sps Tecson, July
1, 2013

The Government cannot get the

incremental value of the property it
does not operate as a real property
agent or in the business of selling
property.

11.Grant of exemption to ADE

charitable institutions;
12.Non-impairment of Supreme
Courts decisions on taxation
cases.
Local legislative bodies vs. National
Government
Local legislative bodies have 3
limitations:
1. Inherent;
2. Constitution; and
3. Statutory
Field Development vs.
2015

, June 16,

Nursing Care vs. Acebedo, July 30,

2014
Mactan Cebu vs City of Lapu-lapu,
Elena Pacalto, June 15, 2015
-

MIAA is an instrumentality of
the government, not a GOCC
It is exempt from paying real
property tax for being an
instrumentality of the
national government.

Power of Taxation
Limitations:
1.
2.
3.
4.
5.
6.

Constitutional limitations;
Due process of law;
Equal protection clause;
Public purpose;
Non-impairment clause;
Non-imprisonment for nonpayment of poll tax;
7. Non-infringement of religious
freedom;
8. Freedom of expression;
9. Equal protection clause;
10.Public purpose;

Taxes cannot be the subject to

compensation or off-setting
Geron vs. Pilipinas Shell, July 8, 2015
-

On business tax imposed on

petroleum products
Petition of the Local
Treasurer is dismissed for
exceeding the power of
taxation.

Relativity of due process let the

courts decide on what due process is.

Make due process elastic,

dynamic so that when it
becomes necessary, the
court can enlarge a persons
right to life, liberty and
property.

Procedural Due Process: Requisites

1. Impartial and competent court;
2. Jurisdiction must be lawfully
acquired over the person of the
defendant and over the
property which is the subject
matter of the proceeding.

Student Discipline Proceedings:

Guzman vs. National University
1. Written notification sent to the
strudent;
2. Opportunity to answer charges;
3. Opportunity to present
evidence;
4. Resolution the officers must
consider
5. Student must be informed of
the resolution;
6. If found guilty, the penalty must
be proportionate to the offense
committed.

Administrative Due Process

-

The filing of reconsideration

or filing of an appeal to a
higher authority p
Trial-type proceedings
cannot be demanded
2.