CONSTITUTIONAL LAW 2 MIDTERM POINTERS

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

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 ofthe government.
Lifeblood of the government
2. Enumerate the scope and characteristics of Police Power? [5]
Scope/Characteristics
1. It cannot be bargained away through the medium of treaty /contract
2. Taxing power may be used to implement police power
3. Eminent domain may also be used to implement or attain police power
4. Non-impairment of contracts or vested rights will have to yield to superior and legitimate exercise of police
power
5. 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 amunicipal corporation, and before it can exercise the
rightsome 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
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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 burdento 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
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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 on 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.

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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)
[A]ction 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.
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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.

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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. See Art. 7, Civil Code of the
Philippines.
b) Modern view: Courts simply refuse to recognize the law anddetermine the rights of the parties as if the
statute had no existence. See: 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.

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

Similarities:
a) Inherent in the State, exercised even without need of express uconstitutional 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 powers 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. See.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. See: 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]
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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.

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