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1515;}\viewkind4\uc1\pard\lang1033\f0\fs20\par \par 6\par POLITICAL LAW (C\par ONSTITUTIONAL\par L\par AW\par )REVIEWER & MEMORY AIDA\par TENEO\par C\par ENTRAL\par B\par AR\par O\par PERATIONS\par 2001\par Louie, Carrie, Evelyn, Thel, Gem, Ronald \par \par constitution, as they shall judge to be for the good and welfare of thecommonwea lth, and of the subjects of the same.\par \u-8192?\par The power of the state to regulate liberty and property for the promotionof the general welfare.\par \u-8192?\par The person\rquote s acts and acquisitions are hemmed in the police power.\par \u-8192?\par It is the most essential, insistent and the least limitable of powers,extending as it does to all the great public needs.\par \u-8192?\par Police power rests upon public necessity and upon the right of the stateand of t he public to self \endash protection.\par \u-8192?\par Negatively, police power is defined as that inherent and plenary (full)power in the State which enables it to prohibit all that is hurtful to thecomfort, safety , and welfare of society. (Ermita V Mayor of Manila)-\par public health\par -\par public safety \par -\par public morals\par -\par general welfare\par SCOPE OF POLICE POWER\par Police power rests upon public necessity and upon the right of the State and of the public to self \endash protection. For this reason, its scope expands and c ontracts withchanging needs.\par POWER OF EXPROPRIATION OR POWER OF EMINENT DOMAIN\par \u-8192?\par Enables the state to forcibly acquire private property, upon payment of just co mpensation, for some intended public use.\par \u-8192?\par Power of expropriation is the highest and most exact idea of propertyremaining i n the government that may be acquired for some publicpurpose through a method in the nature of compulsory sale to the state.\par \u-8192?\par The provision should be strictly interpreted against the expropriator andliberal ly in favor of the property owner.\par \u-8192?\par The exercise of this power is necessarily in derogation of private rights,and th

e rule in that case is that the authority must be strictly construed.\par \u-8192?\par Except for police power and power of taxation, only the power of expropriation m ay be exercised by public and private corporations.\par POWER OF TAXATION\par \u-8192?\par The state is able to demand from the members of society their proportionate shar e or contribution in the maintenance of the government.\par \u-8192?\par Importance of taxation derives from the unavoidable obligation of thegovernment to protect the people and extend them benefits in the form of public projects an d services.\par Right to life\par The constitutional protection to life is not just a protection of the right to b e aliveor to the security of one\rquote s limb against physical harm. The right to life is the right\par to agood life\par .\par Right to liberty\par \par 7\par POLITICAL LAW (C\par ONSTITUTIONAL\par L\par AW\par )REVIEWER & MEMORY AIDA\par TENEO\par C\par ENTRAL\par B\par AR\par O\par PERATIONS\par 2001\par Louie, Carrie, Evelyn, Thel, Gem, Ronald \par \par \u-8192?\par Includes that right to exist and the right to be free from arbitrary restraintor servitude.\par \u-8192?\par The right to enjoy the faculties to which he has been endowed by hisCreator, sub ject only to such restraints as are necessary for the commonwelfare.\par \u-8192?\par The chief elements to the guarantee are the right to contract, the right tochoos e ones employment, the right to labor and the right to locomotion.\par \u-8192?\par Not only physical liberty but also intellectual liberty.\par Right to property\par \u-8192?\par Protected property include all kinds of property found in the Civil Code. Ithas been deemed to include vested rights.\par Example:\par 1.The right to labor, such that an employee may not be removed withoutgiving due process; and2.The right to public office.\par HEIRARCHY OF RIGHTS: PRIMACY OF HUMAN RIGHTS OVER PROPERTYRIGHTS\par \u-8192?\par The primacy of human rights over property rights are recognized.Because these fr eedoms are \ldblquote delicate and vulnerable, as well assupremely precious in o ur society\rdblquote and the \ldblquote threat of sanctions may deter their exe rcise almost as potently as the actual application of sanctions,\rdblquote they

\ldblquote need breathing space to survive,\rdblquote permitting government reg ulationonly \ldblquote with narrow specificity.\rdblquote \par \u-8192?\par Property and property rights can be lost through prescription; but humanrights a re imprescriptible. If human rights are extinguished by thepassage of time, then the Bill of Rights us a useless attempt to limit thepower of government and cea ses to be an efficacious shield againsttyranny of officials, of majorities, of t he influential and powerful, and of oligarchs.\par \u-8192?\par Property is not a basic right. Property has an intimate relation with life andli berty.\par \u-8192?\par Protection of property was a primary object of the social compact and thatthe ab sence of such protection could well lead to anarchy and tyranny.\par \u-8192?\par Property is an important instrument for the preservation andenhancement of perso nal dignity.\par \u-8192?\par Property is as important as life and liberty \endash and to protect their (poor )property is really to protect their life and their liberty.\par Aspects of \ldblquote Due Process\rdblquote :\par 1.\par Procedural due process\par \endash refers to the mode of procedure which governmentagencies must follow in the enforcement and application of laws.\par 2.\par Substantive due process\par \endash prohibition against arbitrary laws.\par Note:\par PROCEDURAL DUE PROCESS:1.A law which hears before it condemns.2.Due process of l aw contemplates notice and opportunity to be heard before judgment is rendered a ffecting one\rquote s person or property (Lopez v. Dir. of Lands)\par \par 8\par POLITICAL LAW (C\par ONSTITUTIONAL\par L\par AW\par )REVIEWER & MEMORY AIDA\par TENEO\par C\par ENTRAL\par B\par AR\par O\par PERATIONS\par 2001\par Louie, Carrie, Evelyn, Thel, Gem, Ronald \par \par 3.Due process depends on circumstances; it varies with the subject matter and th enecessities of the situation.\par Requisites of PROCEDURAL due process:For JUDICIAL proceedings: CODE: C J N O H\p ar 1.\par A\par c\par ourt or tribunal clothed with judicial power to hear and determinethe matter bef ore it.\par 2.\par J\par

urisdiction must be lawfully acquired over the person of thedefendant or over th e property which is the subject of theproceedings.\par 3.\par The defendant must be given\par n\par otice\par \par and an\par o\par pportunity\par \par to be heard.\par 4.\par Judgment must be rendered upon a lawful\par h\par earing.\par For ADMINISTRATIVE proceedings: CODE: H E D S H I P\par 1.\par The right to a\par h\par earing, which includes the right to present one\rquote s caseand submit evidence in support thereof.\par 2.\par The tribunal must consider the\par e\par vidence presented.\par 3.\par The\par d\par ecision must have something to support itself.\par 4.\par Evidence supporting the conclusion must be\par s\par ubstantial.\par 5.\par The decision must be based on the evidence presented at the\par h\par earingor at least contained in the record and disclosed to the partiesaffected.\ par 6.\par The tribunal or body or any of its judges must act on its or his own\par i\par ndependent consideration of the law and facts of the controversy,and not simply accept the views of a subordinate in arriving at adecision.\par 7.\par The board or body should, in all controversial questions, render itsdecision in such a manner that the\par p\par arties to the proceeding can knowthe various issues involved and the reasons for the decision rendered.\par Note:\par 1.What is required is not actual hearing, but a real opportunity to be heard.2.T he requirement of due process can be satisfied by subsequent duehearing.3.Violat ion of due process: when same person reviews his own decision onappeal.4.Notice and hearing are required in judicial and quasi-judicial proceedings,but not in t he promulgation of general rule.\par For SCHOOL DISCIPLINARY proceedings: CODE: W A In A D P\par 1.\par The student must be informed in\par w\par

riting of the nature and cause of any accusation against them.\par 2.\par The student shall have the right to\par a\par nswer the charges against him,with the assistance of counsel if desired.\par 3.\par The student has the right to be\par in\par formed of the evidence against him.\par 4.\par The student has the right to\par a\par dduce evidence in his own behalf.\par 5.\par The evidence must be\par d\par uly considered by the investigating committeeor official designated by the schoo l authorities to hear and decide thecase.\par 6.\par The penalty imposed must be\par p\par roportionate to the offense.\par Note:\par 1.The school has a contractual obligation to afford its students a fair opportun ity to complete the course a student has enrolled for.2.Exceptions:3.Serious bre ach of discipline; or \par \par 9\par POLITICAL LAW (C\par ONSTITUTIONAL\par L\par AW\par )REVIEWER & MEMORY AIDA\par TENEO\par C\par ENTRAL\par B\par AR\par O\par PERATIONS\par 2001\par Louie, Carrie, Evelyn, Thel, Gem, Ronald \par \par 4.Failure to maintain the required academic standard.5.Proceedings in student di sciplinary cases may be summary; cross-examination is not essential\par Instances when hearings are NOT necessary:\par 1.\par When administrative agencies are exercising their \par quasi-legislative\par functions.\par 2.\par Abatement of \par nuisance per se\par .\par 3.\par Granting by courts of \par provisional remedies\par .\par 4.\par Cases of \par

preventive suspension\par .\par 5.\par Removal \par of temporary employees in the government service.\par 6.\par Issuance of warrants of \par distraint and/or levy by the BIR Commissioner.\par 7.\par Cancellation of the passport \par of a person charged with a crime.\par 8.\par Issuance of \par sequestration orders\par (considered a provisional remedy).\par 9.\par Judicial order which prevents an accused from\par travelling abroad \par inorder to maintain the effectivity of the court\rquote s jurisdiction.\par 10.\par Suspension of a bank\rquote s operations\par by the Monetary Board upon aprima facie finding of liquidity problems in such ba nk.\par Note:\par 1.The right to counsel is a very basic requirement of substantive dueprocess and has to be observed even in administrative and quasi-judicialbodies.\par 2.\par The right to appeal is a\par statutory privilege\par that may be exercised only inthe manner in accordance with law.\par Requisites of SUBSTANTIVE due process: CODE: I M\par 1.\par The\par INTERESTS \par of the public generally, as distinguished from those of aparticular class, requi res the interference by the government and\par 2.\par The\par MEANS \par employed are necessary for the accomplishment of the purposeand not unduly oppre ssive upon individuals.\par Requirements of a valid ordinance:\par 1.Must not contravene the Constitution or any statute2.Must not be unfair or opp ressive3.Must not be partial or discriminatory4.Must not prohibit, but may regul ate trade5.Must be general and consistent with public policy6.Must not be unreas onable\par When is a law VAGUE?\par 1.When it lacks COMPREHENSIBLE STANDARDS2.That men of ordinary intelligence must necessarily GUESS as to its meaning3.And differ as to its application\par Equal Protection of the law\par The equality that it guarantees is legal equality or the equality of all persons before thelaw. It does not demand absolute equality. It merely requires that al l persons shall betreated alike, under like circumstances and conditions both as to privileges conferredand liabilities enforced.\par Requisites for valid classification for purposes of the equal protection clauseT he classification must: CODE: SGEE\par }