Political Law is that branch of public law, which deals with the organization and operations of the

governmental organs of the State and, defines the relations of the State with the inhabitants of its territory

Constitutional Law is the study of the maintenance of the proper balance between the authority as
represented by the three inherent powers of the State and liberty as guaranteed by the Bill of Right

Constitution is the document which serves as the fundamental law of the state; that written instrument
enacted by the 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, Phil. Constitutional Law]

What is the role of constitutional law? What is its purpose?

Equilibrium; balancing act
Prescribe a Permanent Framework
Assign to the different departments their duties and responsibilities
Establish the principles adhered to by the State (art. 2)

CLASSES OF CONSTITUTION
The Philippine Constitution is written, enacted and rigid

1. Written v. unwritten
A written constitutions precepts are embodied in one document or set of documents. An unwritten
constitution consists of rules which have not been integrated into a single, concrete form but are
scattered in various sources, such as statutes of fundamental character, judicial decisions,
commentaries of publicists, customs and traditions

2. Enacted (conventional) v. Evolved (cumulative)

A conventional constitution is enacted formally at a definite time and place following a conscious
or deliberate effort taken by a constituent body or ruler. A cumulative body is the result of political
evolution, not inaugurated at any specific time but changing by accretion rather than by any
systematic method

3. Rigid v. Flexible
Rigid when it may not be amended except through a special process distinct from and more
involved than the method of changing ordinary laws. It is supposed that by such a special
procedure, the constitution is rendered difficult to change and thereby acquires a greater degree of
stability. Flexible when it may be changed in the same manner and through the same body that
enacts ordinary legislation.
AMENDMENTS AND REVISIONS

THREE INHERENT POWERS OF THE STATE

1. Police Power- power of the state to regulate liberty and property for the promotion of general
welfare
2. Power of Eminent Domain- enables the State to forcibly acquire private property, upon payment
of just compensation, for some intended public use
3. 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

Similarities:
a) Inherent in the State, exercised even without need of express constitutional 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.

Distinctions:
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 a noxious 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

POLICE POWER
-The power of promoting public welfare by restraining and regulating the use of liberty and property

Characteristics of Police Power

1. Most essential
2. Most insistent
3. Most pervasive
4. Most encompassing
5. Least limitable
6. Extensive exercise

Basis of Police Power

The justification is found in the Latin maxims:
1. salus populi est suprema lex The welfare of the people is the Supreme Law
2. sic utere tuo ut alienum non laedas- Use your own property so as not to injure others

Scope of Police Power

Police power is the most pervasive, the least limitable, and the most demanding of the three powers. It
covers any person, property, activity to promote general welfare. (From womb to tomb principle)

Purposes/Coverage of Police Power

1. Public Health
2. Public Morals
3. Public Safety
4. Economic Interest
5. General Welfare
6. Public Convenience
7. Public Order

Limitation to the exercise of Police Power

1. Due Process of Law
2. Equal Protection