*FOURTH MEETING

*Power of Eminent Domain

 Republic v. Lim
o expropriator may only acquire the property upon payment of just compensation
o within 5 years
o non-payment of just compensation within 5 years allows the owners concerned to
recover the property physically
 Local legislative council cannot directly exercise the power of eminent domain
o must be delegated to the Local Chief Executive
o WRIT OF EXPROPRIATION
 Rule 67 of the Rules of Court
o 100% of assessed value (private corp)
o 15% of assessed value if expropriator is LGU

*Power of Taxation

 the power inherent in sovereignty to raise revenue to defray the necessary expenses of
government, that is, for any public purpose
 Justice Marshall – power of tax includes the power to destroy; Justice Holmes – power of tax
does not include the power to destroy as long as this Court sits
o Progressive System vs. Regressive System
o Principle of Equitable Taxation
 Section 29, Article 6
o Public funds must be used for public use
 Double Taxation
o Not prohibited as long as equal protection clause is not violated
 Tax exemption
o Majority vote of all members, needs 13 votes
o With current number of senators: 23
o To pass a bill that does not require tax exemption: less than 12, 7 senators is enough
o Quorum is majority of the house
o Constitution also grants tax exemption
 Under paragraph 3, Section 28, Article 6
 Lands, buildings, or improvements actually, exclusively, or directly used
for religious, charitable, educational purposes are exempted
 Properties, not entities
 USE OF PROPERTY is what is important
 Ownership of property is irrelevant
 Real property tax is a tax on the property and not on the owner
 Actual, directly and exclusive use of properties include incidental
*Section 1, Article 3

 Due Process of Law

o No specific definition by the Courts
o Justice Frankfurter and Justice Fernado
o Ynot v. IAC – “strike but hear me first”
o Notice and hearing are generally mandatory except for the following:
 Conclusive presumptions:
 Based on human experience
 Rational connection between fact proved and fact ultimately presumed
o Quasi-judicial
 Notice and hearing required
 Immediate and specific
o Quasi-legislative
 Notice and hearing not required
 Prospective effect and general
o Jurisdiction over the subject matter:
 By Law
 By summons
o Acquire jurisdiction of the accused in criminal proceedings:
 Through arrest
 Through voluntary surrender
o Preliminary investigation is essential in criminal due process
o Substantive and Procedural Right (p. 26 Coffee Notes)
o Cardinal Primary Rights in Administrative Due Process
 the right to a hearing, which includes the right to present one's cause and
submit evidence in support thereof;
 the tribunal must consider the evidence presented;
 the decision must have something to support itself;
 the evidence must be substantial; and
 the decision must be based on the evidence presented at the hearing; or at least
contained in the record and disclosed to the parties affected;
 Substantial evidence – accepted by an ordinary man to be sufficient
o Standards of Disciplinary Actions in Academic institutions
 the students must be informed in writing of the nature and cause of any
accusation against them;
 that they shall have the right to answer the charges against them with the
assistance of counsel, if desired;
 they shall be informed of the evidence against them;
 they shall have the right to adduce evidence in their own behalf; and
 evidence must be duly considered by the investigating committee or official
designated by the school authorities to hear and decide the case
o Void-for-Vagueness Doctrine
 Available in order to attack penal laws
o Overbreadth Doctrine
 o Facial Challenge Doctrine
 Challenged based on the constitution and third parties
 For overbreadth doctrine only

 Equal Protection
o Persons or things belonging to the same class treated alike, both to rights conferred and
responsibilities imposed
o Due process clause is against arbitrariness
o Equal protection clause is against undue faults and close legislative (?)
o No difference between a law that discriminates and a law that is allows discrimination
 Both violates the equal protection of the law
o Reasonable Valid classifications:
 Substantial distinctions which make real differences
 Based in favor of these groups according to jurisprudence facts are
considered:
o Sex / Gender (Philippine Association of Service Exporters Inc. v.
Drilon)
o Profession (PASEI v. Drilon)
o Age (Dumlao v. COMELEC)
o Degree of civilization / Culture
o Citizenship / Nationality (Ichong v. Hernandez)
 Germane to the purpose of the law
 Not limited to existing conditions
 Must apply equally to all members of the same class
o Stare decisis not applicable to reasonable valid classifications
o Applies only to government, not private institutions
o Ormoc v. Sugar
 Should not be limited to existing conditions
 If the conditions change, it will be discriminatory
o Inclusiveness Doctrine
o Almonte v. Vazquez
 Constitution allows anonymous complaint
 Should people of the same class be treated alike?
 All employees of the Civil Service – YES
 Himagan v. People – NO
 Quinto v. COMELEC

MIDTERMS: UP TO EQUAL PROTECTION

Objective questions

Traditional: essay
LEGAL BASIS needed (DUHHHH), NOT FACTUAL BASIS