CONSTI 2 Midterm Pointers ( the exam will cover 10 items)

1. What are the Fundamental Powers of the State? Define

Answers:

A. POLICE POWER
Definition
- Power of promoting public welfare by restraining and regulating the use of liberty
and property.
- Most essential, insistent and less limitable of powers, extending as it does to all
the great public needs.

B. EMINENT DOMAIN
Definition
It is the right, authority or power of the State as sovereign, or of those to whom the
power has been lawfully delegated to take private property for public use upon
observance of due process of law and paying for the owner a just compensation to
be ascertained according to law.

C. POWER OF TAXATION
Definition and Nature
• It is the power by which the State raises revenue to defray the necessary expenses
of the Government.
• It is the power to demand from the members of society their proportionate
share/contribution in the maintenance of the government.
• Lifeblood of the government

2. Enumerate the scope and characteristics of Police Power?

Scope/Characteristics
• It cannot be bargained away through the medium of treaty /contract
• Taxing power may be used to implement police power
• Eminent domain may also be used to implement or attain police power
• Non-impairment of contracts or vested rights will have to yield to superior and
legitimate exercise of police power
• Exercise of profession may be regulated by the state to safeguard health, morals,
peace, education, order, safety and several welfare of the people
3. What is the basis of Police Power?

Basis
Salus populi est suprema lex (welfare of the people is the supreme law)
Sic utere tuo ut alienum non laedas (so as to use your property so as not to
impair/injure another)

4. Who exercise Police Power?

Who exercises said power?

Legislative branch
Executive branch, upon valid delegation

5. Who exercises Eminent Domain?

Who exercises the power?

City of Manila v. Chinese Cemetery of Manila, 40 Phil 349(1919)

The right of expropriation is not an inherent power in a municipal corporation, and

before it can exercise the right some law must exist conferring the power upon it.
When the courts come to determine the question, they must only find (a) that a law
or authority exists for the exercise of the right of eminent domain, but (b) also that
the right or authority is being exercised in accordance with the law.
Moday v. Court of Appeals, 268 SCRA 368 (1997)
Eminent domain, the power which the Municipality of Bunawan exercised in the
instant case, is a fundamental State power that is inseparable from sovereignty. It is
government's right to appropriate, in the nature of a compulsory sale to the State,
private property for public use or purpose. Inherently possessed by the national
legislature, the power of eminent domain may be validly delegated to local
governments, other public entities and public utilities.

6. What is the Constitutional Limitation of Eminent Domain?

Constitutional Limitations - Art. III, Sec. 9

Private property shall not be taken for public use without just compensation.

7. What is the requisite of “TAKING” under Eminent Domain?

Republic v. Castelvi, 58 SCRA 336 (1974)

Taking' under the power of eminent domain may be defined generally as entering
upon private property for more than a momentary period, and, under the warrant or
color of legal authority, devoting it to a public use, or otherwise informally
appropriating or injuriously affecting it in such a way as substantially to oust the
owner and deprive him of all beneficial enjoyment thereof.
City Govt. of Quezon City v. Ericta, 122 SCRA 759 (1983)
There is no reasonable relation between the setting aside of at least six (6) percent
of the total area of an private cemeteries for charity burial grounds of deceased
paupers and the promotion of health, morals, good order, safety, or the general
welfare of the people. The ordinance is actually a taking without compensation of a
certain area from a private cemetery to benefit paupers who are charges of the
municipal corporation. Instead of building or maintaining a public cemetery for
this purpose, the city passes the burden to private cemeteries.

8. What is the Foundation of the right to exercise the Power of Eminent

Domain?

Answer: Genuine Necessity

Mun. of Meycayauan v. IAC, 157 SCRA 640 (1988)
This Court held that the foundation of the right to exercise the power of eminent
domain is genuine necessity and that necessity must be of a public character.
Condemnation of private property is justified only if it is for the public good and
there is a genuine necessity of a public character. Consequently, the courts have the
power to inquire into the legality of the exercise of the right of eminent domain and
to determine whether there is a genuine necessity therefor.
De Knecht v. Bautista, 100 SCRA 660 (1980)
From all the foregoing, the facts of record and recommendations of the Human
Settlements Commission, it is clear that the choice of Fernando Rein — Del Pan
Streets as the line through which the Epifanio de los Santos Avenue should be
extended to Roxas Boulevard is arbitrary and should not receive judicial approval.
The respondent judge committed a grave abuse of discretion in allowing the
Republic of the Philippines to take immediate possession of the properties sought
to be expropriated.

9. Define Just Compensation?

Eslaban v. De Onorio, G.R. No. 146062, June 28, 2001
With respect to the compensation which the owner of the condemned property is
entitled to receive, it is likewise settled that it is the market value which should be
paid or "that sum of money which a person, desirous but not compelled to buy, and
an owner, willing but not compelled to sell, would agree on as a price to be given
and received therefor." Further, just compensation means not only the correct
amount to be paid to the owner of the land but also the payment of the land within
a reasonable time from its taking. Without prompt payment, compensation cannot
be considered "just" for then the property owner is made to suffer the consequence
of being immediately deprived of his land while being made to wait for a decade or
more before actually receiving the amount necessary to cope with his loss.
(emphasis supplied)
Republic of the Philippines v. IAC, et al., G.R. No. 71176, May 21, 1990
The determination of just compensation for a condemned property is basically a
judicial function. As the court is not bound by the commissioners' report, it may
make such order or render such judgment as shall secure to the plaintiff the
property essential to the exercise of its right of condemnation, and to the defendant
just compensation for the property expropriated. For that matter, this Court may
even substitute its own estimate of the value as gathered from the record. Hence,
although the determination of just compensation appears to be a factual matter
which is ordinarily outside the ambit of its jurisdiction, this Court may disturb the
lower court's factual finding on appeal when there is clear error or grave abuse of
discretion.

10. What is the Limitation of the Power of Taxation?

Limitations
1. Taxes must be uniform
2. It must be applied equally to all similarly situated
3. Progressive system of taxation (based capacity to pay taxes)
o Due process of law
o Equal protection clause
4. It must be used for public purpose

11. What is the Purpose of Taxation?

CIR v. Algue, Inc., 158 SCRA 9 (1988)

It is said that taxes are what we pay for civilization society. Without taxes, the
government would be paralyzed for lack of the motive power to activate and
operate it. Hence, despite the natural reluctance to surrender part of one's hard
earned income to the taxing authorities, every person who is able to must
contribute his share in the running of the government. The government for its part,
is expected to respond in the form of tangible and intangible benefits intended to
improve the lives of the people and enhance their moral and material values. This
symbiotic relationship is the rationale of taxation and should dispel the erroneous
notion that it is an arbitrary method of exaction by those in the seat of power.
Commissioner of Customs v. Makasiar, 177 SCRA 27 (1989)
Jurisprudence is replete with cases which have held that regional trial courts are
devoid of any competence to pass upon the validity or regularity of seizure and
forfeiture proceedings conducted in the Bureau of Customs, and to enjoin, or
otherwise interfere with, these proceedings. The Collector of Customs sitting in
seizure and forfeiture proceedings has exclusive jurisdiction to hear and determine
all questions touching on the seizure and forfeiture of dutiable goods.

12. Who exercise the power of Taxation?

1. The Legislature
2. Local government units (Sec. 5, Art. X);
3. President (limited extent-delegated tariff powers), under Sec. 28 (2), Art. VI of
the Constitution or as an incident of emergency powers that Congress may grant to
him under Sec. 23 (2), art. VI.

13. Define what is Due Process?

Definition, Nature and Scope

• The Constitution did not contain any definition of due process
• It may be “substantial” or “procedural”
• It applies to all person regardless of race, age or creed
• Applicable to juridical persons with respect to their property
• Application is extended to aliens
• Includes application to means of livelihood (property right)

14. What are the two kinds of Due Process?

Procedural Due Process

Substantive Due Process

15. What are the requisites of Procedural Due Process?

1. Impartial court or tribunal clothed with judicial power to hear and determine the
matter before it;
2. Jurisdiction lawfully acquired over the person or property of the defendant
which is the subject matter
of the proceeding;
3. Defendant given an opportunity to be heard;
4. Judgment rendered upon lawful hearing.
16. What is Substantive Due Process?

Villegas v. Hiu Chiong Tsai Pao Ho, 86 SCRA 275 (1978)

The ordinance in question violates the due process of law and equal protection rule
of the Constitution. Requiring a person before he can be employed to get a permit
from the City Mayor of Manila who may withhold or refuse it at will is tantamount
to denying him the basic right of the people in the Philippines to engage in a means
of livelihood. While it is true that the Philippines as a State is not obliged to admit
aliens within its territory, once an alien is admitted, he cannot be deprived of life
without due process of law. This guarantee includes the means of livelihood. The
shelter of protection under the due process and equal protection clause is given to
all persons, both aliens and citizens.
Rubi v. Provincial Board of Mindoro, 39 Phil. 660 (1919)
Action pursuant to section 2145 of the Administrative Code does not deprive a
person of his liberty without due process of law and does not deny to him the equal
protection of the laws, and that confinement in reservations in accordance with said
section does not constitute slavery and involuntary servitude. We are further of the
opinion that section 2145 of the Administrative Code is a legitimate exertion of the
police power, somewhat analogous to the Indian policy of the United States.
Section 2145 of the Administrative Code of 1917 is constitutional.

17. What is Constitutional Law?

Definition
> That body of rules and maxims in accordance with which the powers of
sovereignty are habitually exercised
[Cooley, Constitutional Limitations, p. 4].

With particular reference to the Constitution of the Philippines: That 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
[Malcolm, Philippine Constitutional Law, p. 6]

18. Nature of Judicial Power/Review?

The judicial power shall be vested in one Supreme Court and in such lower courts
as may be established by law. (Sec 1 Art VIII)
19. Requisites for a Judicial Review to be valid?

Conditions for exercise of judicial review:

1. Appropriate Case - Actual Case or Controversy
2. Personal and substantial interest
3. Question raised at the earliest opportunity
4. Lis mota of the case
Because of the doctrine of separation of powers which demands that proper respect
be accorded the other branches of government, courts are loath to decide on
constitutional questions as long as there is some other basis that can be used to
resolve the case. It must appear conclusively that the case before the court may not
be legally settled unless the constitutionality of the statute involved is determined
(Sinco)
5. Violates the constitution clearly, plainly and palpably

20. Who can exercise Judicial Review?

• All courts can exercise judicial review

• Powers of the Supreme Court (Sec 5(2), Art VIII)
1. Review
2. Revise
3. Reverse,
4. Modify, or
5. Affirm on appeal or certiorari as the law or the Rules of Court may provide,
final judgments and orders of lower courts in all cases in which:
i. Constitutionality or validity of any treaty, international or executive agreement,
law, presidential decree, proclamation, order,
instruction, ordinance, or regulation is in question.
ii. Legality of any tax, impost, assessment, or toll, or any penalty imposed in
relation thereto is involved.
iii. Jurisdiction of any lower court is in issue.
iv. Criminal cases in which the penalty imposed is reclusion perpetua or higher.
v. An error or question of law is involved.

21. What is a Political Question?

An issue is a political question when it does not deal with the interpretation of a
law and its application to a case, but with the very wisdom of the law itself.
(Tanada v Cuenco)
The term "political question" connotes a question of policy: those questions which,
under the Constitution, are to be decided by the people in their sovereign capacity,
or in regard to which full discretionary authority has been delegated to the
Legislature or executive branch of the Government. It is concerned with issues
dependent upon the wisdom, not legality, of a particular measure.

22. When can a case become an Advisory Opinion?

Advisory Opinion
A case becomes an advisory opinion when:
• no actual case and controversy that demands constitutional construction for its
resolution
• may take the form of declaratory relief.

23. What is the Effect of a Declaration of Unconstitutionality?

Two views:-
a) Orthodox view: An unconstitutional act is not a law; it confers no rights; it
imposes no duties; it affords no protection; it creates no office; it is inoperative, as
if it had not been passed at all.
(Art. 7, Civil Code of the Philippines.)

b) Modern view: Courts simply refuse to recognize the law and determine the
rights of the parties as if the statute had no existence.
(Manila Motors v. Flores, 99 Phil. 738; Serrano de Agbayani v. PNB, 35 SCRA
429; Republic v. Henda, 119 SCRA 411. Certain legal effects of the statute prior to
its declaration of unconstitutionality may be recognized. See: Pelaez v. Auditor
General, 15 SCRA 569.)
Thus, a public officer who implemented an unconstitutional law prior to the
declaration of unconstitutionality cannot be held liable [Ynot v. IAC, supra],

24. Differentiate Amendment from Revision?

1) Amendment: an alteration of one or a few specific provisions of the

Constitution. Its main purpose is to improve specific provisions of the Constitution.
The changes brought about by amendments will not affect the other provisions of
the Constitution.
2) Revision: An examination of the entire Constitution to determine how and to
what extent it should be altered. A revision implies substantive change, affecting
the Constitution as a whole.
25. Partial Unconstitutionality. Requisites?

a)The Legislature must be willing to retain the valid portion(s), usually shown by
the presence of a separability clause in the law; and
b)The valid portion can stand independently as law.

26. What are similarities of the 3 inherent powers of the state?

Similarities:
a) Inherent in the State, exercised even without need of expres sconstitutional
grant.
b) Necessary and indispensable; State cannot be effective without them.
c) Methods by which State interferes with private property.
d) Presuppose equivalent compensation
e)Exercised primarily by the Legislature.

27. Distinctions between the Inherent power of the State?

a) Police power regulates both liberty and property; eminent domain and taxation
affect only property rights.
b) Police power and taxation are exercised only by government; eminent domain
may be exercised by private entities.
c) Property taken in police power is usually noxious or intended for anoxious
purpose and may thus be destroyed; while in eminent domain and taxation, the
property is wholesome and devoted to public use or purpose.
d) Compensation in police power is the intangible, altruistic feeling that the
individual has contributed to the public good; in eminent domain, it is the full and
fair equivalent of the property taken; while in taxation, it is the protection given
and/or public improvements instituted by government for the taxes paid.

28. What are the two test for a valid exercise of Police Power?

Lawful subject: The interests of the public in general .as distinguished from those
of a particular class, require the exercise of the power. This means that the activity
or property sought to be regulated affects the general welfare; if it does, then the
enjoyment of the rights flowing there from may have to yield to the interests of the
greater number.
(Taxicab Operators v. Board of Transportation, 119 SCRA 597; Velasco v.
Villegas, 120 SCRA 568; Bautista v. Juinio, 127 SCRA 329; Lozano v. Martinez,
146 SCRA 323; Sangalang v. Intermediate Appellate Court, 176 SCRA 719.)
Lawful Means: The means employed are reasonably necessary for the
accomplishment of the purpose, and not unduly oppressive on individuals.
(Ynot v. Intermediate Appellate Court, 148SCRA 659; Tablarin v. Gutierrez, 152
SCRA 730; Balacuit v. CFI of Agusan del Norte, 163 SCRA 182.)

29. Who exercises power of Eminent Domain?

a. Congress and, by delegation, the President, administrative bodies, local

government units, and even private enterprises performing public services a)Local
government units have no inherent power of eminent domain; they can exercise the
power only when expressly authorized by the Legislature. Sec. 19 of the Local
Government Code confers such power to local governments, but the power is not
absolute; it is subject to statutory requirements.
[Masikip v. City of Pasig, G.R. No. 136349, January 23, 2006; Lagcao v. Judge
Labra, G.R. No. 155746, October 3, 2004].

b. The grant of the power of eminent domain to local government units under R.A.
7160 cannot be understood as equal to the pervasive and all-encompassing power
vested in the legislative branch of government. The power of eminent domain
must, by enabling law, be delegated to local governments by the national
legislature, and thus, can only be as broad or confined as the real authority would
want it to be.
[Republic v. Court of Appeals, G.R. No. 146587, July 2, 2002]

30. Describe the Philippine Constitution.

The Philippine Constitution is:

1) Written- embodied in a set of documents, distinguished by the respective
articles that it contains;
2) Conventional- it is enacted, formally struck off at a definite time and place,
following a conscious or deliberate effort taken by a constituent body which, in
turn, is the 1987 Constitutional Convention;
3) Rigid- it can be amended only by a formal and difficult or tedious process;
4) Normative- the government adjusts its actions to the norms of the Constitution;
5) It is both not nominal and semantic.