CONSTITUTION 2

Fundamental Powers of the state:

1. police power
2. eminent domain
3. taxation

Safeguards in the bill of rights:

1. due process and equal protection
2. the prohibition against unreasonable searches and seizures
3. freedom of expression
4. impairment clause
5. guarantees against injustice to the accused

Purpose of Constitution

1. Prescribe the permanent framework of a system of government

2. assign to the several departments their respective powers and duties
3. establish certain first fixed principles on which government is founded

Classification of Constitution

1. written or unwritten
2. evolved or enacted
3. rigid or flexible

Essential Qualities of written constitution

1. broad
2. brief
3. definite

Essential (Substantive) Parts of the Written Constitution

1. constitution of liberty
2. constitution of government
3. constitution of sovereignty

Two steps involved in the amendment or revision of our constitution

1. Proposal
2. Ratification

Pia Mitzi P. Receno

1E 2010 - 2011
San Beda College of Law
 CONSTITUTION 2

Position of the Constitutional Convention

1. Theory of Conventional Sovereignty. Constitutional convention is supreme over

the other departments of the government because the power it exercises are in the
nature of the sovereign power.
2. Constitutional convention inferior to the other departments of the government
since it is merely a creation of the legislature.
3. Constitutional convention must be considered independent and co-equal with the
other departments of the government.

Requisites of a Judicial Inquiry

1. There must be an actual case and controversy

2. The question of constitutionality must be raised by the proper party.
3. the constitutional question must be raised at the earliest possible opportunity
4. the decision of the constitutional question must be necessary to the determination
of the case itself

Exceptions to the Actual Case and Controversy Rule

1. Violation of the Constitution

2. Of exceptional character or paramount public interest
3. Establishes controlling principles that will guide the public, the bench and the bar
4. It is capable of repetition yet evading review

Effects of the declaration of Unconstitutionality

1. orthodox view. Unconstitutional act is not a law; it confers no rights; it imposes

no duties, it affords no protection; it creates no office, it is in legal contemplation
inoperative, as if it has not been passed. It is therefore stricken from the statute
books and considered never to have existed at all.
2. modern view. Less stringent. The court in passing upon the question of
constitutionality does not annul or repeal the statute if it finds it in conflict with
the constitution. Simply refuse to recognize it and determine the rights of the
parties just as of such statute had no existence.

Declaration of Partial Constitutionality (Conditions):

1. that the legislature is willing to retain the valid portions even if the rest of the
statute is declared illegal.
2. that the valid portions can stand independently as a separate statute

Fundamental powers of the state

1. police power
2. power of taxation
3. power of eminent domain
Pia Mitzi P. Receno
1E 2010 - 2011
San Beda College of Law
 CONSTITUTION 2

Similarities of fundamental Powers of the state

Three inherent powers are similar in the following respects:

1. inherent in the state and may be exercised by it without an express constitutional
grant
2. they are not only necessary but indispensable. State cannot continue or be
effective unless it is able to exercise them
3. they are methods by which states interferes with private rights
4. they all presupposes an equivalent compensation for the private rights interfere
with
5. they are exercised primarily by the legislature

Differences

The three inherent powers of the state differ from each other in the following ways:
1. police power: regulates both liberty and property; taxation and eminent domain:
affects only property rights
2. police power and power of taxation: exercised only by the government; power of
eminent domain: may be exercised by some private entities
3. police power: property taken may be destroyed because it is noxious or intended
for noxious purpose; taxation and eminent domain: property taken is used for
public purposes or use and is therefore wholesome.
4. police power: the compensation is the intangible altruistic feeling that he has
contributed to the general welfare; eminent domain and taxation: compensation is
concrete, that is, full and fair equivalent of the property expropriated or protection
and public improvements for taxes paid.

Characteristics of police power:

1. most pervasive
2. least limitable
3. most demanding

Tests of the Police Power:

1. interest of the public generally, as distinguished from those of a particular class,
require the exercise of police power; (LAWFUL SUBJECT)
2. means employed are reasonably necessary for the accomplishment of the purpose
and not unduly oppressive upon individuals. (LAWFUL MEANS)

Requisites of a valid municipal Ordiance ( Tatel v. Municipality of Virac)

1. does not contravene the constitution
2. not unfair and oppressive
3. does not discriminate or impartial
4. does not prohibit but may regulate trade
5. consistent with public policy
6. not unreasonable
Pia Mitzi P. Receno
1E 2010 - 2011
San Beda College of Law
 CONSTITUTION 2

Following may exercise power of expropriation:

1. The congress
2. President of the Philippines
3. various local legislative bodies
4. certain public corporations, like the land authority and the national housing
authority
5. Quasi-public corporations like Philippine Natiuonal Railways, Philippine Long
Distance Telephone Co. and the Meralco

Requisites of taking in eminent domain (People vs. Castellvi):

1. expropriator must enter private property
2. entry must be more than for a momentary period
3. entry must be under warrant or color of legal authority
4. property must be devoted to public use or otherwise informally appropriated or
injuriously affected
5. Utilization of the property for public use must be in such a way as to oust the
owner and deprive him of beneficial enjoyment of the property

Tax Exemptions
1. constitutional
2. statutory

DUE PROCESS: Dual Aspect

1. substantive
2. procedural

Characteristics of Due Process

1. dynamic
2. resilient
3. adaptable

Test of Substantive Due Process

1. Lawful Subject
2. Lawful Means

Essential Elements of Due Process

1. Notice
2. Hearing

Requirements of Procedural Due Process in Judicial Proceedings:

1. There must be an impartial court or tribunal clothed with judicial power to hear
and determine the matter before it. (Javier v. Comelec)
2. Jurisdiction must be lawfully acquired over the person of the defendant and over
the property which is the subject matter of the proceeding
3. The defendant must be given the opportunity to be heard
Pia Mitzi P. Receno
1E 2010 - 2011
San Beda College of Law
 CONSTITUTION 2

4. Judgment must be rendered upon lawful hearing

Appeal: Article VIII Section 5 (2) [minimum appellate jurisdiction of the Supreme
Court]
1. All cases in which the constitutionality or validity of any treaty, international or
executive agreement, law, presidential decree, proclamation order, instruction
ordinance, or regulation is in question
2. All cases involving legality of any tax, impost, assessment, or toll, or any penalty
imposed in relation thereto.
3. All cases in which jurisdiction of any lower court is in issue
4. All criminal cases in which the penalty imposed is reclusion perpetua or higher
5. All cases in which only an error or question of law is involved

Exceptions for Procedural due process:

1. Nuisance
 Nuisance per se
 Nuisance per accidens
2. Presumptions

Administrative Due Process (Ang Tibay Case)

1. The right to a hearing, which includes the right to present one’s case and submit
evidence in support thereof
2. the tribunal must consider the evidence presented
3. the decision must have something to support itself
4. evidence must be substantial
5. decision must be rendered on the evidence presented at the hearing, or at least
contained in the record and disclosed to the parties affected.
6. the tribunal or body or any of its judges must act on its or his own independent
consideration of the law and facts of the controversy and not simply accept the
views of the subordinate in arriving at a decision
7. the board or body should, in all controversial questions, render its decision in such
a manner that the parties to the proceeding can know the various issues involved,
and the reason for the decision rendered.

Requirements for reasonable classification:

1. It must be based upon substantial distinction
2. it must be germane to the purposes of the law
3. It must not be limited to existing conditions only
4. It must apply equally to all members of the same class

Requisites of a valid warrant

1. It must be based upon probable cause
2. probable cause must be determined personally by the judge
3. the determination must be made under oath or affirmation of the complainant or
the witnesses he may produce

Pia Mitzi P. Receno

1E 2010 - 2011
San Beda College of Law
 CONSTITUTION 2

4. it must particularly describe the place to be searched or the persons or things to be

seized

Subject to search and seizure (Rule 126, Section 2, of the rules of Court)

1. property subject of the offense

2. property stolen or embezzled and other proceeds or fruits of the offense
3. property used or intended to use as the means of committing an offense

Warrantless Arrest:

1. when such person has in fact just committed, is actually committing or attempting
to commit offense in his presence
2. when an offense has in fact just been committed and he has personal knowledge
of facts indicating that the person to be arrested committed it;
3. when the person to be arrested is a prisoner who has escaped from penal
establishment or place where he is serving final judgment or temporarily confined
while his case is pending, or has escaped while being transferred from one
confinement to another

Warrantless searches:

1. customs searches
2. searches of moving vehicles
3. seizure of evidence in plain view
4. consent searches
5. searches incidental to a lawful arrest
6. stop and frisk

Pia Mitzi P. Receno

1E 2010 - 2011
San Beda College of Law