CONSTITUTIONAL LAW 2 (PREMID NOTES ATTY FELONGCO)
MOHAMMAD HAITHAM M. SARIP JD-NT
A: Under the 1987 Constitution, the Supreme Court and such other
INTRODUCTION TO CONSTITUTIONAL LAW II lower courts as may be created by law have the power to decide on
the constitutionality or validity of any act of the other branches of the
government.
I. Definitions of fundamental concepts (See Sections 5(2) and 4(2) Article VII)
A. Political law Constitutional Supremacy in Judicial Review
“The Constitution itself has provided for the instrumentality of the
Nature: judiciary as the rational way. And when the judiciary mediates to
 regulatory, relationship and organization allocate constitutional boundaries, it does not assert any superiority
Parties: over the other departments; it does not in reality nullify or invalidate
 STATE, including officials, its organs and offices an act of the legislative but only asserts the solemn and sacred
 INHABITANTS/ CITIZENS obligation assigned to it by the constitution to determine conflicting
Effects: claims of the authority under the constitution and to established for
 BINDING only between the parties the parties in actual controversy the rights which that instrument
 ABROGATED when sovereign is replaced secures and guarantees to them.”
(Angara v. Electoral Commission, G.R. No. 45081, July 15, 1936)
Political Law: Aspects
Administrative Law, Law on Public Corporation, Election CONSTITUTIONS: CLASSIFICATIONS, QUALITIES AND PARTS
Law, Constitutional Law, and Law on Public Officers
Classification of Constitution
Constitutional Law
Written
Subject: Unwritten
 Powers and Functions of the state and liberties Flexible
 Structure and Organization of the Government Cumulative
 Rules of Changing the Constitution Rigid
Nature:
 Apportioning function Qualities of a Good Written Constitution
 Delimiting powers
 Prescribing procedures Broad: Embody the past reflect the present anticipate the future
Extent: Brief: Basic Principles Adjustable to change
 Express Provisions Definite: Clear and Concise Prevents Confusion
 Implications
 Interpretations found in jurisprudence B. Essential Parts of a Written Constitution
The Constitution and Statutes A. Constitution of Liberty ( Articles II, III, IV, V, XII)
Constitution –“is that body of rules and maxims in accordance with B. Constitution of Government ( Articles VI through XI)
which the powers of sovereignty are habitually exercised.” C. Constitution of Sovereignty ( Article XVII)
(T.M. Cooley, A treaties on Constitutional Limitations 1849).
I. Constitutional Sovereignty
Constitutional Law I The parts that prescribe the procedure or mode to effect
formal change in the constitution.
Purpose: As such, the Constitution is for the prescription of framework
of government, assignment of functions and establishes fixed II. Constitution of Government
principles. It also guarantees rights and liberties that serve as The parts that outline the organization of the government
limitations to the exercise of powers of the state. and enumerations of the powers and functions
apportioned to identified to identified offices within the said
organization.
Constitutional Law II III. The Constitution of Liberty
Character: “The constitution is the fundamental law of the land to The parts that prescribe the civil and political rights of the
which all other laws must conform” inhabitation and citizens and such other rules that serves
(Concurring opinion, J. Panganiban in Cruz v. Secretary of as the limits on the inherent powers of the state.
Environment and Natural Resources, G.R. No. 135385 Resolution
December 6, 2000.). PART I: FUNDAMENATL POWERS OF THE STATE
TOPIC 1: POLICE POWER
The Constitution: Fundamental Law of the Land A. Definition, Scope, Characteristics
Republic Act No. 46637
Republic Act No. 87625 Police power: Defined
Republic Act No 30437
Republic Act No 10001 “Police power, while incapable of an exact definition, has been
purposely veiled in general terms to underscore its
The Concept of Judicial Review comprehensiveness to meet all exigencies and provide enough room
The power of Judicial Power review involves the question of whether for an efficient and flexible response as the conditions warrant”
a law is contrary to the constitution or not. If it is contrary to the (White Light Corp v. City of Manila, G.R. No. 122846, January 20,
constitution, then the law is declared null and void. ( See Marbury v. 2009)
Madison, 5 US 137 (1803).
Q: Who exercises the power of the Judicial Review?
Scope
“The police power is the power of promoting the public welfare by
restraining and regulating the use of liberty and property.”
Character
(Gerochi v. Department of Energy G.R. No. 159796, July 17 2007)
Important!
Public Welfare, not just individual welfare, or the welfare of a
particular class, or of a particular group of people.
Police Power: Awesome Scope
Police Power has been used as justification for numerous and varied
actions by the state. These range from the regulation of dance halls,
movie theaters, gas stations and cockpits. The awesome scope of
police power is best demonstrated by the fact that in its hundred or so
years of presence in our nation’s legal system, its use has rarely been
denied.
(White Light Corp v. City of Manila, G.R. No. 122846, January 20,
2009)
In the end, public welfare may be assessed on a case-to-case basis
and in light of the circumstances surrounding the governmental
action. It is evolving concept- one which evolves with society. The
determination thereof is left to the discretion of the proper authority
exercising police power, subject to applicable limitations and review
by the judiciary.
Police Power: Character
It is the most positive and active of all governmental processes, the
most essential, insistent and illimitable, because it derives in
existence from the existence of the state itself. It is co-extensive with
self-protection and survival of the state.
(See Ichong v. Hernandez, G.R. No. L-7995, 31 May1957)
Police power is a power not emanating from or conferred by the
constitution, but inherent in the state, plenary, suitably vague and far
from precisely defined because it is rooted in the conception that man,
in organizing the state and imposing upon the government limitations
to safeguard constitutional rights, did not intent thereby to enable
individual citizens or a group of citizens to obstruct unreasonably the
enactment of such salutary measures to ensure communal peace,
safety, good order, and welfare.
( Lozano v. Martinez, G.R. No. L-63419, December 18, 1986 ; Arroyo
v. Delima G.R. No. 197930 April 17, 2018)
CREATION OF STATE = CREATION OF POLICE POWER
DISSOLUTION OF THE STATE = DISSOLUTION OF POLICE POWER
POLICE POWER: CHARACTER
By character, as it involves restraint and regulation of the use of
liberty and property, it is the most pervasive, the least limitable and
most demanding.
( See Constitutional Law, Cruz and Cruz 2015 Edition, p. 85)
Consequently, as it is the most pervasive of all the fundamental
powers, it is also deemed as the most supreme of the three, such that
the other fundamental powers may be used simultaneously with
police power as its implement.
Illustration I
Taxation as Implement of Police Power
Tax to stabilize the Sugar Industry
The tax collected is not a pure exercise of the taxing power. It is
levied with a regulatory purpose, to provide means for the stabilization
of the sugar industry. The levy is primarily in the exercise of the police
power of the state.( Gaston v. Planters Bank, G.R. No. 77194 March
15 1998)
 Illustration II
Taxation as an implement of Police Power
Tax to Stabilize the Oil Industry
Hence, it seems clear that while the funds collected may be referred
to as taxes, they are exacted in the exacted in the exercise of the
police power of the state.
(Osmena v. Orbos, G.R. No. 99886, 31 March 1993)
Illustration III
Eminent Domain as an Implement of Police Power
Compulsory Acquisition of Land for Agrarian Reform
Recent trends, however, would indicate not a polarization
but a mingling of the police power and the power of eminent domain,
with the latter being used as an implement of the former like the
power of taxation. The employment of the taxing power to achieve a
police purpose has long been accepted.
( Association of Small Landowners in the Philippines, Inc. v. Secretary
of Agrarian Reform,, G.R. No. 78742, et. Seq. 14 July 1989)
Police Power: Character
As it involves restraint and regulation on liberty and property, a valid
exercise police power is, by character, supreme over rights and
liberties even those…..
Case:
Ortigas & Co. v. Court of Appeals ( G.R. No.126102,4 December
2000)
Q: Can the ordinance be given retroactive application?
A: Yes, it can be applied retroactively.
In general, we agree that laws are to be construed as having only
prospective operation. Lex prospicit, non respicit. A later law which
enlarges, abridges , or in any manner changes the intent of the
parties to the contract necessarily impairs the contract itself and
cannot be given retroactive effect without violating the constitutional
prohibition against impairment of contracts.
But, the foregoing principles do admit of certain exceptions. One
involves police power.
(Ortigas & Co. v. Court of Appeals, G.R. No. 126102, 4 December
2000).
A law enacted in the exercise of police power to regulate or govern
certain activities or transactions could be given retroactive effect and
may reasonably impair vested rights or contracts. Police Power
legislation is applicable not only to future contracts but equally to
those already in existence. Non-impairment of contracts or vested
rights clauses will have to yield to the superior and legitimate exercise
by the state of police power to promote the health, morals, peace,
education, good order, safety, and general welfare of the people.
Moreover, statutes in exercise of valid power must be read into every
contract.
(Ortigas & Co. v. Court of Appeals, G.R. No. 126102, 4 December
2000).
Philippine National Bank v. Office of the President G.R. No.
104528 Resolution, 18 January 1996
Despite the impairment clause , a contract valid at the time of its
execution may be legally modified or even completely invalidated by a
subsequent law. If the law is a proper exercise of the police power, it
will prevail over a contract. Into each contract are read the provisions
of existing law and always, a reservation of the police power as long
as the agreement deals with a matter affecting the public welfare.
Such a contract, it has been held suffers a congenital infirmity and this
is its susceptibility to change by the legislature as a postulate of the
legal order.
Carlos Superdrug Corporation v. DSWD
G.R. No. 166494, 29 June 2007
Authority
Guide Questions
Police Power Property Rights
When the conditions so demand as determined by the legislature, Who can exercise police power?
property rights must bow to the primacy of police power because
property rights, though sheltered by due process, must yield to
What are the rules applicable in the exercise of
general welfare. police power?
St. Luke’s Medical Center Employees Association-AFW v.
National Labor Relations Commission, G.R. No. 162053, 7 March
2007.
Learning Object
 To identify who can exercise police
Police Power Right to Security of Tenure
While the right of workers to security of tenure is guaranteed by the power
Constitution. Its exercise may be reasonably regulated pursuant to the
police power of the state to safeguard health, morals peace,
 To outline the rules pertaining to such
education, order, safety and the general welfare of the people. exercise of police power
Consequently, persons who desire to engage in the learned
professions recquiring scientific or technical knowledge may be Q: Who can exercise police power?
recquired to take on examination as a prerequisite to engaging in their
chosen careers. The most concrete example of this would be in the
field of medicine, the practice of which in all its branches has been
closely regulated by the state.
The Legislature The President
Professional RegulationCommission v. De Guzman
G.R. No. 114681, 21 June 2004: LGU
Administrative Bodies
Police Power Right to Choose a Profession
It is true that this court has upheld the constitutional right every citizen
to select a profession or course of study subject to a fair, reasonable, Primary Authority Delegated
and equitable admission and academic requirements. But like all Authority
rights and freedoms guaranteed by the charter, their exercise may be
so regulated pursuant to the police power of the state to safeguard
health, health, morals, peace, education, order, safety, and general
welfare of the people. Thus, persons who desire to engage in the The Delegates:
learned professions recquiring scientific or technical knowledge may Delegated Authority of Exercising Police Power
be recquired to take an examination as a prerequisite to engaging in
their chosen careers. The President
And when Police power can topple pre-existing rights and liberties
with all the more reason can topple privileges, such as in case of the By virtue of a valid delegation of legislative
following: power, If may also be exercised by the president
1. The privilege to carry firearms ( Chavez v. Romulo, G.R.
No. 157036, 9 June 2004) (…) Delegation of legislative powers to the
2. The privilege of utilizing natural resources (Southeast
Mindanao Goldmining Corporation v. Corporation v. Balite president is permitted in sections 23(2) and
Portal Mining , G.R. No. 134190, 3 April 2002) 28(2) of Article VI of the constitution.
3. The privilege of operating a motor vehicle. (Metropolitan
Manila Development Authority v. Garin, G.R. No. 130230, ( Camarines Norte Electric Cooperative, Inc v.
15 April 2005).
Q: If it is so pervasive and limitless, how then can it be present in a Torres, G.R. No. 1277249, 27 February 1998)
legal framework where rights of the citizens exist?
A: Despite the impairment clause, a contract valid at the time of its We recall:
execution may be legally modified or even completely invalidated by a
subsequent law. If the law is a proper exercise of the police power, it Tariff Powers
will prevail over the contract. Into each contract are read the Section 28 (….)
provisions of existing law and always, a reservation of the police
power as long as the agreement deals with a matter affecting the (2) The Congress may, by law, authorize the
public welfare. Such a contract, it has been held, suffers a congenital
infirmity, and this is its susceptibility to change by the legislature as a President to fix within specified limits, and
postulate of the legal order. subject to such limitations, and restrictions as it
(PNB V. Office of the president, G.R. No. 104528, 18 January 1996)
may impose, tariff rates, import and export
Q: When is the exercise of police power?
quotes, tonnage and wharfage duesm and other
A: Valid Exercise of Police Power: Requirements
AUTHORITY + LIMITATIONS duties or imposts within the framework of the
national development program of the
government.
Martial Law:
Peculiar Instance of Police Power
The Constitution specifically provides that a
state of martial law does not supplant the
functioning of the legislative assemblies.
Therefore, as reflected in the deliberations of
the framers, the President is not automatically
vested with plenary legislative powers. Ordinary
legislation continues to belong to the national
and local legislative bodies even during martial
law. This necessarily connotes the continued
operation of all statutes, even during a state of
martial rule.
( Lagman v. Medialdea, G.R. Nos. 231658,
et.seq. 4 July 2017)
The Delegates:
Delegated Authority of Exercising Police Power
 The President
 The local Government
 Administrative Bodies
The Local Government Units
By virtue of a valid delegation of legislative
power, it may also be exercised by (…) the
lawmaking bodies on all municipal levels,
including the barangay.
(Camarines Norte Electric Cooperative, Inc.
Torres, G.R. No. 127249, 27 February 1998)
Bases:
Special and General
Special Basis of Delegated Police Power
It is clear that Congress expressly granted the
city government, through the city council, police
power by virtue of Section 12 (..) of Republic Act
No. 537, or the Revised Charter of Quezon City..
(Gancayo v. City Government of Quezon City,
G.R. No. 177807, 11 October 2011)
General Basis of Delegated Police Power
While police power rests primarily with the
legislature, such power may be delegated, as it
is in fact increasingly being delegated. By virtue
of a valid delegation, the power may be
exercised.. by lawmaking bodies of municipal
corporations or local government code of 1991.
(Metropolitan Manila Development Authority
v. Viron Transportation Co. Inc; G.R. No.
170656, et. Seq. 15 August 2007)
“The General Welfare Clause”
Section 16. General Welfare. Every local
government unit shall exercise the powers
expressly granted, those which are essential to
the promotion of the general welfare(…)
Lesson:
When confronted with the question of whether
local Government Units have the authority to
exercise police power, you need to point two
things:
1. The special basis or provision in the
charter of the LGU;
2. If no such special basis exist, the
General Basis which is the General
Welfare Clause in the local Government
Code of the Philippines.
Q: Through which branch of the LGU can police
power be exercised?
Local Government Set-Up
Executive Legislative
(Office of the Mayor) (Sangguinan)
Legislative (Sanggunian) Ordinance
Illustration of LGU’s exercise of Police Power:
I MMDA or its Council to “enact ordinances,
Zoning Ordinances
Zoning classification is an exercise by the local
government of police power, not the power of
eminent domain. A zoning ordinance is defined
as a local city or municipal legislation which
logically arranges, prescribes , defines and
apportions a given political subdivision into
specific land uses as present and future
projection of needs.
(Buklod ng Magbubukid v. E.M. Ramos, GR.
No. 1331481, 10 March 2011)
Illustration of LGUs exercise of Police Power:
II
Safety Ordinances
Specifically, on the powers of the city
government to regulate the construction of
buildings, the charter also expressly provided
that the city government had the power to
regulate the kinds of buildings and structures
that may be erected within fire limits and the
manner of constructing and repairing them.
(Gancayo v. City Government of Quezon city
GR NO. 177807, 11 October 2011)
Administrative Bodies
Metropolitan Manila Commission MMDA
(PD No. 824) ( RA No. 7924)
Can issue Ordinances, Can Cannot Exercise PP
Exercise Police Power
Q: Can MMDA exercise police power?
A: No. there is no syllable in R.A. No. 7924 that
grants the MMDA police power. Even the
Metro Manila Council has not been delegated
any legislative power. Unlike the legislative
bodies of the local government units, there is no
provision in R.A. No. 7924 that empowers the
approve resolutions and appropriate funds for
the general welfare” of the inhabitants of Metro
Manila.
(Metro Manila Development Authority v. Bel-
Air Village Association, G.R. No. 135962, 27
March 2000)
The MMDA is, as termed in the charter itself, a
“development authority.” It is an agency
created for the purpose of laying down policies
and coordinating with the various national
government agencies, people’s organizations,
non-governmental organizations and the private
sector for the efficient and expeditious delivery
of basic services in the vast metropolitan area.
All its functions are administrative in nature and
these are actually summed up in the charter
itself.
(Metro Manila Development Authority v. Bel-
with Police Power by
Air Village Association, G.R. No. 135962, 27
March 2000)
enforcement operations, traffic engineering
services and traffic education programs.
This is consistent with our ruling in Bel-Air that
the MMDA is a development authority created
for the purpose of laying down policies and
coordinating with the various national
government agencies, people’s organizations,
non-governmental organizations and the private
sector, which may enforce but not enact,
ordinances.
(Metropolitan Manila Development Authority
v. Garin, GR No. 130230, 15 April 2005)
Legislature (vested
the Constitution)

Law or Ordinance
Q: Notwithstanding the absence of police Enacted through
power, can the MMDA confiscate licenses of
Police Power
erring motorists?

A: The MMDA still has no police power, but it

can confiscate licenses. Its charter states that it LGUs MMDA merely
shall have the power to confiscate and suspend
enforces the law
or revoke driver’s licenses in the enforcement of (Delegated
such traffic laws and regulations. or ordinances
Police
Power)
Thus, where there is a traffic law or regulation
validly enacted by the legislature or those
agencies to whom legislative powers have been

delegated (the city of Manila in this case). The

petitioner is not precluded-and in fact is duty
bound to confiscate and suspend or revoke
driver’s licenses in the exercise of its mandate of
transport and traffic management, as well as the
administration and implementation of all traffic
Proper Exercise of Police Power: (Lim v. Pacquiling G.R. No. 115044, 27 January 1995) Executive Order No. 626: Executive Order No. 626 A:
Authority + Limitations No carabao may be slaughtered No carabao, regardless of
Lawful Subject = Public Welfare unless it is 7 years or over (male) or sex or age, or “carabeef”
Limitations 11 years or over (female) and a may be transferred from one
Learning Objectives permit was obtained prior province to another.
 To identify and define the limitations applicable to the Implication of Broadness: Court’s Attitude Toward (25 October 1980)
exercise of police power Acts involving Police Power (21 October 1980)
 To determine the variations of limitations applicable based
on the exercising authority Carried onward by the current of legislation, the judiciary rarely
attempts to dam the onrushing power of legislative discretion,
Lawful Subject + Lawful Means
provided the purposes of the law do not go beyond the great
principles that mean security for the public welfare or do (….) the carabao, as the poor man’s tractor, so to speak, has a direct
arbitrarily interfere with the right of the individual. relevance to the public welfare and so is a lawful subject…
The Legislature
(Lim v. Pacquing GR No. 11504, 27 January 1995) (Ynot v. Intermidiate Appelate Court GR No. 74457)
Primary Authority of Exercising Police Power
Examples Q: Are the regulations considered as “ lawful means”?

Lawful Subject + Lawful Means + Additional

Above all, it cannot be raised as deterrent to police power,
Limitations
designed precisely to promote health, safety, peace, and
enhance the common good, at the expense of contractual
rights, whenever necessary.
The President
(Sangalang v. Indeterminate Appellate Court, G.R. Nos.
71169, et. Seq. 22 December 1998)
Local Government Units
Lawful Means

As with the state, the local government may be considered as

Administrative Bodies
Delegated Authority of Exercising Police Power
As with the state, the local government may be considered as having
properly exercised its police power only if the following requisites are
met: (1) the interests of the public generally, as distinguished from
those of a particular class, require the interference of the state, and
(2) the means employed are reasonably necessary for the attainment
of the object sought to be accomplished and not unduly oppressive
upon individuals. Otherwise stated, there must be a concurrence of a
lawful subject and lawful method.
(Lucena Grand Central Terminal Inc. v. JAC Liner Inc’ GR No.
148339, 23 February 2005)
Lawful Subject + Lawful Means
Lawful Subject
Police Power, being co-extensive with the necessities of the case and
the demands of public interest, extends to all the vital public needs.
having properly exercised its police power only if the following
requisites are met: (1) the interests of the public generally, as
distinguished from those of a particular class, provided the
purposes of the law do not go beyond the great principles that
mean security for the public welfare or do arbitrarily interfere
with the right of the individual.
(Lim v. Pacquing GR No. 11504, 27 January 1995)
“Reasonably Necessary” = Lawful Means
Lawful means involve methods or that have some relation to the end
in view, for under the guise of the police power, personal rights and
those pertaining to private property will not be permitted to be
arbitrarily invaded by the legislative department.
(Balacuit v. Court of First Instance of Agusan Del Norte and Butuan
City, Br. II, G.R. No. l-38429, 30 June 1988)
Case:
Ynot v. Intermidiate Appelate Court, G.R. No. 74457, March 20 1987
The Regulations

(Miners Association of the Philippines v. Factoran, G.R. No.

98332, 16 January 1995)

It may be said to be that inherent and plenary power in the state

which enables it to prohibit all things hurtful to the comfort, safety and
welfare of society.