3103 Philippines Constitutional Rights Pre-Midterm

Constitution

According to Thomas M. Cooley, it is a body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised.

Thomas M. Cooley

Who defined the Constitution as: A body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised.

Constitution

The written instrument enacted by the direct action of the people by which the fundamental powers of government are established, limited, and defined, and by which those powers are distributed among the several departments for safe and useful exercise for the benefit of the body politic.

Justice Malcolm

Who defined the Constitution as: The written instrument enacted by the direct action of the people by which the fundamental powers of government are established, limited, and defined, and by which those powers are distributed among the several departments for safe and useful exercise for the benefit of the body politic.

• Prescribe a permanent framework of a system of government

• Assign/allocate their respective powers

• Assign certain principles by which the government is founded

Enumerate the 3 Purposes of a Constitution

Article 17

Which Article of the 1987 Constitution provides the Amendments and Revisions?

Written

A Type of Constitution: Embodied in a single instrument/set of documents (Example: Philippine Constitution/1987 Philippine Constitution).

Unwritten

A Type of Constitution: Doesn’t necessarily mean it is not written down, just that it is not embodied in a single instrument or several documents. However, they are scattered across various documents/sources (judicial decisions, own laws, i.e. England, New Zealand, Australia).

Enacted

A Type of Constitution: Formally adapted at a definite time and place, following a conscious effort by the body politic/ruler for its people.

Evolved

A Type of Constitution: Product of an evolution, not formally adapted at a definite time and place.

Flexible

A Type of Constitution: Meaning is amenable by ordinary legislation. Congress can pass a law amending the constitution.

Rigid

A Type of Constitution: Amendments only by a formal and usually difficult process. Meaning Congress cannot pass a law amending the constitution.

Written and Unwritten

Enumerate the 2 Types of Constitution according to FORM

Evolved and Enacted

Enumerate the 2 Types of Constitution according to ORIGIN

Rigid and Flexible

Enumerate the 2 Types of Constitution according to PROCEDURE OF AMENDMENT.

Doctrine of Constitutional Supremacy

The constitution is the fundamental law of the land, all acts passed by Congress must conform to the Constitution. All acts must conform to the Constitution’s mandate.

invalidated

Any law contrary to the constitution should be ___________ for the Constitution is the fundamental law of the land.

True

TRUE OR FALSE: One of the advantages of a Rigid Constitution is that it can withstand capricious changes of those that are brought not by legitimate whims by passing whims or fancies.

Definite, Broad, Brief

Enumerate the 3 Characteristics of a Good Written Constitution

Definite

Characteristics of a Good Written Constitution: Must be easy to understand and straight to the point. Can be understood by even an ordinary person.

Broad

Characteristics of a Good Written Constitution: Must not only organize government but it should be comprehensive enough. To provide for contingency it must encompass the future not only the past.

Brief

Characteristics of a Good Written Constitution: It should not be a codification of laws. It should limit itself to the basic principles sought to be implemented and the laws.

Broad

Characteristics of a Good Written Constitution: It refers to the scope of coverage and capacity

Brief

Characteristics of a Good Written Constitution: It refers to the economy of statement of principles

Constitution of Government

Determine what Part of a Good Written Constitution is this: Article 9 Constitutional Commissions

Constitution of Government

Determine what Part of a Good Written Constitution is this: Article 8 Judicial Department

Constitution of Sovereignty

Determine what Part of a Good Written Constitution is this: Article 17, Amendments and Revisions

Constitution of Liberty

Determine what Part of a Good Written Constitution is this: Article 3, Bill of Rights

Constitution of Liberty

Essential Parts of a Good Written Constitution: Part that sets forth our fundamental and civil rights and limitations in the exercise of government powers.

Constitution of Government

Essential Parts of a Good Written Constitution: Part outlining the organizational structure of the government, enumerating powers of the government and laying down rules for its administration.

Constitution of Sovereignty

Essential Parts of a Good Written Constitution: Because the Philippines is a sovereign state, it can decide on its constitution and therefore amend/revise the constitution if they wish.

Amendments and Revisions

This outlines the process by which the Constitution can be amended or revised.

Verba Legis

This simply means “Ordinary words are given their Ordinary Meaning.” It’s not open to any kind of interpretation.

Ratio Legis et Anima

When there is doubt or ambiguity in interpreting the provisions, it should be interpreted in accordance with the intent of the framers.

Ratio Legis et Anima

Rules in Interpretation of the Provisions: It looks at the Spirit and Framers of the law.

Ut Magis Valeat Quam Pereat

The constitution has to be interpreted as whole, related provisions of the constitution must be interpreted together. So provisions that deal with the same subject matter shall be interpreted as a whole.

Ut Magis Valeat Quam Pereat

Rules in Interpretation of the Provisions: If there are any conflicting provisions. There should be a conscious effort to harmonize those conflicting provisions.

True

TRUE OR FALSE: In Ratio Legis Et Anima, the farmer's intent is not irrelevant, it is merely subordinate. It is only controlling if there is a finding of (doubt or) ambiguity.

Police Power, Power of Eminent Domain, Power of Taxation

Enumerate the 3 Inherent Powers of the State

Police Power

This has been referred to as the power of the State to enact such laws or regulations in relation to persons and property as may promote public health, public morals, public safety, and the general welfare and convenience of the people.

Power of Eminent Domain

It is the right or power of the State or of those to whom the power has been lawfully delegated to take (or expropriate) private property for public use upon paying to the owner a just compensation to be ascertained according to law. (see Art. XII, Sec. 18.)

Power of Taxation

It is the power of the State to impose charge or burden upon persons, property, or property rights, for the use and support of the government and to enable it to discharge its appropriate functions.

constitutional limitations, due process, equal protection

The reason why these powers are not superior to the Constitution is because while its existence is independent from the constitution meaning that these powers exist in any state. It is not written in the constitution. However, the exercise of these powers remain subject to ______________,_____________,_________________ (3 answers) to limit these inherent powers.

• Inherent in the State

• Not necessary but are indispensable to the state

• The means or methods by which the State can effectively interfere with private rights

• Primarily lodged or vested in the Congress.

• Presupposes payment of just compensation

Enumerate the 5 Common Characteristics of Three Inherent Powers

Congress

In the Philippines, who primarily exercises the three inherent powers?

MMDA vs. Garin

What Case is this: A lawyer challenged MMDA's authority to confiscate driver’s licenses without due process; the Supreme Court ruled MMDA lacks legislative power and upheld due process, deeming license confiscation unconstitutional.

Metropolitan Manila Development Authority

What does MMDA mean?

administrative agency

The MMDA is neither a political subdivision, LGU but rather an _________________.

police power

The MMDA cannot exercise ______________, it can’t confiscate or revoke driver’s licenses. Unless acting within the bounds/enforcements of existing laws issued by Legislative Bodies.

just compensation

The payment of _______________ for police power is very general/very vague. It’s just a feeling (promotion of public welfare).

Carlos Superdrug Corporation vs. DOJ

What Case is this: Petitioners challenged Section 4(a) of R.A. No. 9257, claiming the 20% senior citizen discount was confiscatory and violated due process. The Supreme Court upheld the law, ruling it a valid exercise of police power for public welfare, with tax deductions as reasonable reimbursement.

tax deduction

In the case of Carlos Superdrug Corporation vs. DSWD, this is the new system in which only part of the discount is recovered through reduced taxable income.

tax credit

In the case of Carlos Superdrug Corporation vs. DSWD, this is the old system that gives a peso-for-peso tax reimbursement.

Property Rights

In the case of Carlos Superdrug Corporation vs. DOJ, ____________ must bow to the primacy of police power because ___________, though sheltered by due process, must yield to general welfare.

Property Rights

In the case of Carlos Superdrug Corporation vs. DSWD, some ______________ are not absolute and if there is really a need to take then this right must yield to reasonable public welfare.

power of taxation

In Carlos Superdrug Corporation vs. DOJ, the Supreme Court justified the validity of the law under police power because although it involves the taking of beneficial property, its a valid exercise using as an implement thereof the _______________.

Police Power

Characteristics of this Inherent Power:

• Most pervasive

• Least limitable

• Most demanding among the powers of the state.

• It may utilize two inherent powers as a tool thereof.

treaty or contract

Police Power cannot be bargained away with through a medium of _______ or _________.

Ichong vs. Hernandez

What Case is this: Republic Act No. 1180, aimed at nationalizing retail trade, was upheld as constitutional, protecting national economic security by restricting alien retailers, without violating due process, equal protection, or international treaties.

Ortigas and Co. Ltd. vs. Court of Appeals

What Case is this: A 1976 deed restricted land use to residential until 2025; a 1981 zoning ordinance reclassified it as commercial. The Supreme Court upheld the ordinance, nullifying the restriction, ruling police power supersedes contractual terms.

Ortigas and Co. Ltd. vs. Court of Appeals

What case held that police power cannot be bargained away with through a contract, even if parties agree on contractual restrictions?

Ichong vs. Hernandez

What case held that police power cannot be bargained away with through a treaty? If the law seemed to conflict, the power of the State to legislate may override such treaty rights.

Carlos Superdrug Corporation vs. DOJ

_____________________ is a case example of the State using police power using the power of taxation.

Philippine Press Institute Inc. vs. COMELEC

What Case is this: COMELEC required newspapers to provide free print space for election info; SC ruled it unconstitutional as it violated property rights and press freedom without just compensation. It was a taking of private property that was tangible. It was unconstitutional because it mandated free print space for political use. It represented a taking of private poverty without just compensation. It was not a valid exercise of police power because there was no public emergency that necessitated the taking of private property without just compensation.

Telecommunications and Broadcast Attorneys of the Philippines vs. COMELEC

What Case is this: Broadcasters challenged COMELEC's free airtime mandate under election laws; SC upheld it as valid police power, prioritizing public interest over private financial loss. SC said that it did not amount to a taking without just compensation because it emphasized that broadcasting is a privilege granted by the state, subject to regulations for the public good.

air waves

In the case of Telecommunications and Broadcast Attorneys of the Philippines vs COMELEC this is considered a privilege granted by the State.

Lawful Subject

Requisites for a Valid Exercise of Police Power:

The exercise must address a legitimate public interest or objective, such as the protection of:

• public health;

• public safety;

• public morals;

• social justice; or

• general welfare.

Lawful Means/Method

Requisites for a Valid Exercise of Police Power:

• The means employed must be reasonably necessary and directly related to accomplishing the lawful objective. The regulation must also be reasonable and not oppressive, arbitrary, or confiscatory.

Ynot vs. Intermediate Appellate Court

What Case is this: Executive Order No. 626-A, prohibiting interprovincial transport of carabaos, was declared unconstitutional for violating due process, improperly delegating legislative power, and being an invalid exercise of police power. Prohibiting transport does not necessarily prevent slaughter. Caraboas can still be killed in the same province. So the Court found the restriction unreasonably oppressive and not reasonable for the intended purpose.

Due Process and Equal Protection

Police Power Must Conform to these 2 Clauses

Due Process Clause

• This clause has to do with the reasonableness of legislation enacted in pursuance of the police power. 

  • Is there public interest, a public purpose; is public welfare involved? 

  • Is the Act reasonably necessary for the accomplishment of the legislature's purpose? 

  • Is it not unreasonable, arbitrary or oppressive? 

  • Is there sufficient foundation or reason in connection with the matter involved, or has there not been a capricious use of the legislative power? 

  • Can the aims conceived be achieved by the means used, or is it not merely an unjustified interference with private interest? 

Equal Protection Clause

• This clause is against undue favor and individual or class privilege, as well as hostile discrimination or the oppression of inequality. 

• It is not intended to prohibit legislation, which is limited either in the object to which it is directed or by territory within which it is to operate. 

• It does not demand absolute equality among residents; it merely requires that all persons shall be treated alike, under like circumstances and conditions both as to privileges conferred and liabilities enforced.

Nuisance per se

Exceptions to the Conforming of the Due Process and Equal Protection Clauses: Clear that it’s a direct menace to public health/safety. For that reason should be abated summarily without notice/hearing.

Nuisance per accidens

Exceptions to the Conforming of the Due Process and Equal Protection Clauses: Its existence is a question of fact and it can’t be declared a nuisance without a hearing. A Tribunal has to decide it is a nuisance.

Overbreadth Scrutiny Standard

Determining the validity of the exercise of Police Power: Occurs when a law/regulation broadly restricts speech, expression and freedom of press.

Strict Scrutiny Standard

Determining the validity of the exercise of Police Power:
This test applies when a law or government measure:

• interferes with a fundamental right, such as freedom of speech, expression, privacy, suffrage, or other basic liberties; or

• burdens a suspect class.

Rational Basis Standard

Determining the validity of the exercise of Police Power:

• This test generally applies to economic, social-welfare, and other regulatory measures that do not substantially burden a fundamental right or involve a suspect classification.

• A measure is valid if: 

  • it advances a legitimate government interest; and

  • there is a rational connection between the measure and that interest.

Heightened/Intermediate Scrutiny Standard

Determining the validity of the exercise of Police Power:

• This test applies principally to classifications involving quasi-suspect classes, particularly classifications based on gender or legitimacy, and may also apply when a content-neutral regulation burdens a constitutionally protected right.

• The government must show that: 

1. the measure advances an important or substantial government interest;

2. the means employed are substantially related to that interest; and

3. where a protected right is burdened, the government has considered available less restrictive means.

• The justification must be genuine and may not rest on broad generalizations or stereotypes. Intermediate scrutiny is more demanding than rational basis review but less demanding than strict scrutiny: the government need not prove a compelling interest or that its measure is the absolute least restrictive means.

Overbreadth Scrutiny Standard

Determining the validity of the exercise of Police Power:

• This test is principally a facial constitutional doctrine. It applies when a law, although it may validly prohibit some unlawful conduct, is drafted so broadly that it also suppresses or deters a substantial amount of constitutionally protected conduct—particularly speech, expression, association, or related freedoms.

• A facial challenge based on this standard is generally allowed only when the challenged law affects freedom of speech, expression, or cognate rights. It is not ordinarily available to invalidate a penal law merely because it may have an excessive application to unprotected conduct.

Chavez vs. Gonzales

What Case is this: Among the cases, this one is a classic example of the misuse of the Overbreadth Scrutiny Standard.

True

TRUE OR FALSE: Police Power can be exercised by LGUs, such exercise must be authorized by law and must only be applied within the territorial jurisdiction.

City of Manila vs. Laguio Jr.

What Case is this: Manila's Ordinance No. 7783, banning motels in Ermita-Malate, was ruled unconstitutional for violating due process, equal protection, and exceeding police power limits.

• must not contravene the Constitution or any statute

• must not be unfair or oppressive

• must not be partial or discriminatory

• must not prohibit but may regulate trade

• must be general and consistent with public policy

• must not be unreasonable.

Enumerate the 6 Requisites of Ordinance as mentioned in City of Manila vs. Laguio Jr.

MCIAA vs. Court of Appeals

What Case is this: Lot 941, expropriated for Lahug Airport, was claimed by Chiongbian for reconveyance after airport closure. SC ruled no repurchase agreement existed, upholding absolute government title.

MCIAA vs. Lozada Sr.

What Case is this: Lot No. 88, expropriated for Lahug Airport expansion, reverted to original owners after airport abandonment due to conditional expropriation and constructive trust. Respondents must return compensation but retain property appreciation.

• There has to be necessity of the taking

• What should be taken is a private property

• Taking is of a strict constitutional sense

• There has to be payment of just compensation

• Property devoted for public purpose

• Observance of due process

Enumerate the 6 Requisites for a Valid Exercise of Eminent Domain Pursuant to Delegated Authority

True

TRUE OR FALSE: According to Republic Act No. 7279, Section 10 (Modes of Acquisition), Expropriation must be resorted to as a last resort where efforts in acquiring property have already been pursued but failed. 

Lagcao vs. Labra

What Case is this: Petitioners challenged Cebu City's expropriation of their property for socialized housing; SC ruled ordinance unconstitutional, citing bad faith, lack of public necessity, and non-compliance with RA 7279 and RA 7160.

Republic vs. Castellvi

What Case is this: Republic expropriated lands for AFP use; trial court set value at P10/sq.m., awarded interest from 1956. Supreme Court reduced value to P5/sq.m., limited interest to 1959, denied new trial. There was a land that was leased/used by the AFP. The government sought to renew the lease but Respondent refused. Consequently, it filed a complaint for eminent domain depositing a provincial amount that was required and took a position thereafter.

People vs. Fajardo

What Case is this: A 1950 ordinance requiring building permits was deemed invalid and unconstitutional for granting arbitrary discretion to the mayor, unreasonably restricting property rights, and lacking legal authority, leading to the acquittal of appellants.

False

TRUE OR FALSE: If Congress is the one directly exercising the power of eminent domain, the necessity of the taking is not open to judicial scrutiny unless there is abuse of discretion. Moreover, if a mere delegate (LGUs and such) is the one exercising the power, then you may also not question the validity of the taking in court.

True

TRUE OR FALSE: Money itself cannot be expropriated for government use, because it creates an absurd situation where the government takes your money and just compensation is just returning it. That’s the absurd situation if ever the government can expropriate your money.

• Entry into private property

• More than a momentary period

• Warrant or color of legal authority

• Devoted to public use

• Ouster of the owner

Enumerate the 5 Requisites of a Valid Taking (Eminent Domain)

More than a momentary period, ouster of the owner

In the Case of Republic vs. Castellvi, what requisites of a valid taking are missing?

True

TRUE OR FALSE: A taking can occur even without physical seizure if the regulations strips the owner of any reasonable or beneficial use of the property.

People vs. Fajardo

This case also reveals police power indeed has its limits. It cannot be used merely to preserve aesthetics, especially when it results in practical confiscation without just compensation.

• Determination of the necessity of the taking

• Payment of just compensation.

Enumerate the 2 Stages in Expropriation Cases.

• Cash

• Cash and Bonds Blend

Enumerate the 2 Forms of Just Compensation

Cash

Under the Rules of Court (Rule 67) and standard eminent domain cases, just compensation is traditionally determined as the full and fair equivalent of the property in ______.

Cash and Bonds Blend

For agricultural lands covered by agrarian reform, compensation is not strictly full cash. Instead, the Land Bank of the Philippines issues a combination of _____ and government-issued Agrarian Reform (AR) _____ depending on the land size and value.