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exclusive domain of the individual have irresistibly and inevitably been drawn into the embrace of the
police power.
Thus, a person may not do with his own life as he pleases: he may not, for example, expose himself to
disease by refusing vaccination, as he may contaminate his neighbors. As long as the object is the public
welfare and the subject of regulation may be properly related thereto, there is compliance with the first test
requiring the primacy of the welfare of the many over the interests of the few.
(2) The means employed are reasonably necessary for the accomplishment of the purpose and not unduly
oppressive upon individuals. Even if the purpose be within the scope of the police power, the law will still be
annulled if the subject is sought to be regulated in violation of the second requirement. In Constitutional
Law, the end does not justify the means. The lawful objective, in other words, must be pursued through a
lawful method; that is, both the end and the means must be legitimate. Lacking such concurrence, the
police measure shall be struck down as an arbitrary intrusion into private rights.
The means employed for the accomplishment of the police objective must pass the test of
reasonableness and, specifically, conform to the safeguards embodied in the Bill of Rights for the protection
of private rights. Failing this, the law will be annulled for violation of the second requirement.
5. Eminent Domain. Distinguish from destruction from necessity
The power of eminent domain enables the State to forcibly acquire private property, upon payment of
just compensation, for some intended public use.
Also called the power of expropriation, eminent domain is described as the highest and most exact
idea of property remaining in the government that may be acquired for some public purpose through a
method in the nature of a compulsory sale to the State.
Being inherent, the power of eminent domain does not need to be specifically conferred on the
government by the Constitution. As it happens, however, it is expressly provided in Article III, Section 9, that
private property shall not be taken for public use without just compensation. This provision is not a grant but
indeed a limitation of the power as its negative and restrictive language clearly suggests.
This limiting function is in keeping with the philosophy of the Bill of Rights against the arbitrary exercise of
governmental powers to the detriment of individual rights.
Distinction should be made between eminent domain and destruction from necessity in that the latter
may be validly undertaken even by private individuals. This is not allowed in the case of eminent domain.
Additionally, it will be noted that destruction from necessity cannot require the conversion of the
property taken to public use, nor is there any need for the payment of just compensation.
6. Just Compensation
Just compensation is described as a full and fair equivalent of the property taken from private owner by
the expropriator. This is intended to indemnify the owner fully for the loss he has sustained as a result of the
expropriation. The measure of this compensation is not the takers gain but the owners loss. The word just is
used to intensify the meaning of the word compensation, to convey the idea that the equivalent to be
rendered for the property taken shall be real, substantial, full, ample.
However, the compensation, to be just, must be fair not only to the owner but also to the expropriator.
Payment in excess of the full and fair equivalent of the loss sustained by the owner, being prejudicial to the
public, will not satisfy the requirement of just compensation.
To ascertain just compensation, the court should determine first the actual or basic value of the
property. Where the entire property is not expropriated, there should be added to the basic value the owners
consequential damages after deducting therefrom the consequential benefits arising from the expropriation. If
the consequential benefits exceed the consequential damages, these items should be disregarded altogether
as the basic value of the property should be paid in every case.
The property taken should be assessed as of the time of the taking, which usually coincides with the
commencement of the expropriation proceedings. Where entry precedes the filing of the complaint for
expropriation, the assessment should be made as of the time of entry.
Finally, it should be stressed that title to the property shall not be transferred until after actual payment
of just comoensation is made to the owner.
7. Taxation
Taxes are the enforced proportional contributions from persons and property, levied by the State by
virtue of its sovereignty, for the support of government and for all public needs. Taxation is the method by which
these contributions are exacted. By the power of taxation, the State is able to demand from the members of
society their proportionate share or contribution in the maintenance of the government.
In taxation, there is an effort to apportion the costs of government among the people, according to
their ability to pay and on the basis of a scientific classification as possible. There is an equitable sharing among
the people of the expenses to be incurred for their common protection and benefit.
The importance of taxation derives from the unavoidable obligation of the government to protect the
people and extend them benefits in the form of public projects and services. In exchange for these, the people
are subjected to the reciprocal duty of sharing the expenses to be incurred therefor through the payment by
them of taxes.
The obligation to pay taxes is not based on contract. It is a duty imposed upon the individual by the
mere fact of his membership in the body politic and his enjoyment of the benefits available from such
membership.
Taxes are distinguished from licenses in the sense that the former are levied to raise revenues whereas
the latter are imposed for regulatory purposes only. Licenses are justified under the police power, and the
amount of the fees required is usually limited only to the cost of regulation. The exception is where the business
licensed is non-useful and is sought to be discouraged by the legislature, in which case a high license fee may
be imposed.
8. Tax exemptions
Tax exemptions are either constitutional or statutory. The constitutional exemption from taxes is provided
for in Article VI, Section 28(3), as follows: Charitable institutions, churches, and parsonages or convents
appurtenant thereto, mosques, non-profit cemeteries, and all lands, buildings, and improvements actually,
directly, and exclusively used for religious, charitable or educational purposes shall be exempt from taxation.
Exemption is granted religious and charitable institutions because they give considerable assistance to
the State in the improvement of the morality of the people and the care of the indigent and the handicapped.
The above provision is intended to make it easier for these institutions to pursue these laudable objectives
without the impediment of taxes that they otherwise would have to shoulder. The added justification in the
case of religious institutions is the principle of separation of church and State and the necessity to give full rein
to the freedom of religious profession and worship.
Statutory exemptions are granted in the discretion of the legislature. However, the Constitution provides
that no law granting any tax exemptions shall be passed without the concurrence of a majority of all the
Members of the Congress. This is because tax exemptions should not be lightly extended since they will
represent a loss of revenue to the government.
Where the tax exemption is granted gratuitously, it may be validly revoked at will, with or without cause.
But if the exemption is granted for valuable consideration, it is deemed to partake of the nature of a contract
and the obligation thereof is protected against impairment.
9. Dual aspect of due process
The dual aspects of due process are substantive due process and procedural due process.
Substantive due process requires the intrinsic validity of the law in interfering with the rights of the person
to his life, liberty or property. The inquiry in this regard is not whether or not the law is being enforced in
accordance with the prescribed manner but whether or not, to begin with, it is a proper exercise of legislative
power.
To be so, the law must have a valid governmental objective, i.e., the interests of the public generally as
distinguished from those of a particular class require the intervention of the State. Furthermore, this objective
must be pursued in a lawful manner, or, in other words, the means employed must be reasonably related to the
accomplishment of the purpose and not unduly oppressive.
The essence of procedural due process is expressed in the immortal cry of Themistocles to Eurybiades:
Strike, but hear me first! In more familiar words, the justice that procedural due process guarantees is the one
which hears before it condemns, which proceeds upon inquiry and renders judgment only after trial.
Our Supreme Court has held that the twin requirements of notice and hearing constitute the essential
elements of due process and neither of these elements can be eliminated without running afoul of the
constitutional guaranty.
individual to religious profession and worship. As long as it can be shown that the exercise of the right does
not impair the public welfare, the attempt of the state to regulate or prohibit such right would be
unconstitutional encroachment.
15. Elements of freedom of expression
The elements of freedom of expression are the following:
(1) Freedom from previous restraint or censorship. John Milton declared the impossibility of finding a man base
enough to accept the office of censor and at the same time good enough to perform its duties. This
statement declared the general disapprobation of censorship as an unlawful curtailment of the free flow of
ideas. Censorship conditions the exercise of freedom of expression upon the prior approval of the
government. Only those ideas acceptable to it are allowed to be disseminated; all others are restricted or
suppressed. The censor thus assumes the unlikely role of political, moral, social and artistic arbiter for the
people, usually applying only his own subjective standards in determining what is good and what is not
good for them. Such authority is anathema in a free society.
(2) Freedom from subsequent punishment. Freedom of speech includes freedom after the speech. Without this
assurance, the citizen would hesitate to speak for fear he might be provoking the vengeance of the
officials he has criticized. Even as criticism is not conditioned on the consent of the government, so too is it
not subject to its subsequent chastisement. In a free society, the individual is not supposed to speak in
timorous whispers or with bated breath but with the clear voice of the unafraid. Nevertheless, freedom of
expression is not absolute notwithstanding that the language of the guaranty is unqualified. Like all rights, it
is subject to the police power and may be properly regulated in the interest of the public.