Beruflich Dokumente
Kultur Dokumente
The Regalian Doctrine dictates that all lands of the public domain belong to the State, that the State is the
source of any asserted right to ownership of land and charged with the conservation of such patrimony.
[45] The doctrine has been consistently adopted under the 1935, 1973, and 1987 Constitutions.[46]
The Branches of the Govt
Executive Has the power of the sword.
Purpose - To enforce laws
Legislative Power of the purse
Purpose To make laws
Judiciary Judicial Review The power of the court to test the validity of the act of the executive &
legislative if they conform to the constitution.
The constitution is the supreme law Constitutional supremacy not judicial supremacy
Requisites to question the Constitutionality
actions involving constitutional issues, the firmly settled rule isthat a constitutional question will not be heard and
resolved by thecourts unless the following requirements of judicial inquiry are met:
(1)the existence of an actual case or controversy;
An actual case is a conflicting legal rights or opposing legal claims
( 2 ) t h e p a r t y r a i s i n g t h e c o n s t i t u t i o n a l i s s u e
m u s t h a v e a personal and substantial interest in the resolution thereof; Must be the proper party
The proper is a person whose sustained an injury or is in imminent danger of being injured.
(3)the controversy must be raised at the earliest
r e a s o n a b l e opportunity;
and
( 4 ) t h a t
m u s t ,
t h e
r e s o l u t i o n
o f
t h e
c o n s t i t u t i o n a l
The lis mota must be the very determinative, the constitutional question
A lis mota a controversy begun. Meat of the case or real decision
Citizenship
i s s u e
Police Power Power to promote the general welfare by limiting or regulating the use of property or liberty
Its Characteristics
It is the most pervasive for everything involves property or liberty
After all, the individual must yield to the general welfare. Solus Populi Suprema lex esto
Example is Sin taxes
Enforced proportional contributions from persons and property, levied by the state for the support of Government for
all public needs.
It is not a debt, which is why non-payment can result into criminal action or case
The Lifeblood Doctrine based on the ability to pay
The power to tax includes the power to destroy
Requisites for Validity
-
Tax exemption Must either be explicit thru the constitution or statutory construction
Double taxation additional taxes are levied on the same subject by the same taxing authority during the same taxing period
for the same purpose,
Not confiscatory unless the court sits.
Must be on useful and not non useful