Constitutional Law and Inherent Powers of the State

Vocabulary flashcards covering the definitions, principles, classifications, case jurisprudence, and inherent powers of the State in Philippine Constitutional Law.

Constitution (Cooley Definition)

That body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised, encompassing both written and unwritten constitutions.

Constitution (Malcolm Definition)

The written instrument enacted by 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.

Doctrine of Constitutional Supremacy

The principle that the Constitution is the supreme and paramount law of the land to which all statutes, treaties, executive orders, administrative regulations, and official acts must conform or be declared void.

Written Constitution

A constitution whose precepts, rules, and principles are embodied in a single, formal, physical, and authoritative document or set of documents.

Unwritten Constitution

A constitution whose rules are not integrated into a single concrete document but are scattered across various sources, including statutes of fundamental character, court decisions, customs, traditions, and common law principles.

Enacted (Conventional) Constitution

A constitution formally drawn up, framed, and adopted by a constituent assembly, constitutional convention, or direct decree at a definite time and place.

Evolved (Cumulative) Constitution

A constitution that is the product of gradual historical and political development, accumulating over centuries through customs, judicial traditions, and major political charters without a single formal drafting event.

Rigid (Inelastic) Constitution

A constitution regarded as a document of special sanctity that cannot be altered or amended through the ordinary legislative process, requiring a special, formal, and more cumbrous procedure.

Flexible (Elastic) Constitution

A constitution possessing no higher legal status than ordinary legislation, which may be altered, amended, or repealed through standard legislative processes and ordinary majority votes.

Broad (Constitutional Requirement)

The requirement that a good written constitution be comprehensive enough to outline government organization, cover all persons and territory, embody the past, reflect the present, and anticipate future contingencies.

Brief (Constitutional Requirement)

The requirement that a good written constitution confine itself to basic principles, leaving procedural mechanics and detailed implementation to ordinary legislation to remain adaptable and understandable.

Definite (Constitutional Requirement)

The requirement that a good written constitution be framed in clear, precise, and unambiguous language to prevent conflicting interpretations, confusion, and political instability.

Constitution of Liberty

The essential part of a constitution that sets forth the fundamental civil and political rights of the citizens and imposes limitations on government powers to secure the enjoyment of those rights.

Constitution of Government

The essential part of a constitution that outlines the structure and organization of government, enumerates its powers, lays down rules for its administration, and defines the electorate.

Constitution of Sovereignty

The essential part of a constitution that points out the formal mode or procedure by which changes, amendments, or revisions to the fundamental law may be brought about.

Verba Legis

The Plain Meaning Rule of constitutional construction, dictating that words used in the Constitution must be given their ordinary, plain, and natural meaning unless technical legal terms are specifically employed.

Ratio Legis Est Anima

The rule of constitutional construction holding that when words are ambiguous or obscure, the text must be interpreted according to the intent, spirit, reason, and purpose of the framers and ratifiers.

Ut Magis Valeat Quam Pereat

The rule of construction requiring the Constitution to be interpreted as a consistent and harmonious integral whole, ensuring no single provision is rendered meaningless, redundant, or contradictory.

Police Power

The inherent sovereign authority of the State to enact laws and regulations restraining or restricting personal liberty and property rights to promote public health, safety, morals, peace, and general welfare without paying compensation.

Power of Eminent Domain

The inherent sovereign authority of the State or authorized delegates to take or expropriate private property for public use or purpose upon payment of just compensation.

Power of Taxation

The inherent sovereign authority of the State to levy and collect enforced, proportional financial contributions from persons, property, or privileges within its jurisdiction to raise revenue for public purposes.

Salus Populi Est Suprema Lex

The legal maxim meaning 'the welfare of the people is the supreme law,' serving as the primary foundation for police power.

Lawful Subject Test

A requisite for a valid exercise of police power requiring that the interests of the public in general, rather than a particular class, require state interference.

Lawful Means Test

A requisite for a valid exercise of police power requiring that the methods employed are reasonably necessary to achieve the objective and are not unduly oppressive upon individuals.

Requisites of a Valid Ordinance

The six criteria from City of Manila v. Laguio: 1) Must not contravene Constitution or statute; 2) Must not be unfair or oppressive; 3) Must not prohibit but may regulate trade; 4) Must be general and consistent with public policy; 5) Must not be unreasonable; 6) Must not be partial or discriminatory.

Just Compensation

The full and fair market value equivalent of expropriated private property, measured by the owner's loss rather than the government's gain, paid without unreasonable delay.

Direct Duplicate Taxation

Strict double taxation where the same property or subject is taxed twice by the same taxing authority, within the same jurisdiction, for the same purpose, in the same taxable year, which is unconstitutional.

Indirect Duplicate Taxation

Broad double taxation where taxes overlap without all strict elements being identical (such as a national excise tax combined with a local business tax), which is permissible absent statutory or constitutional prohibitions.

Tañada v. Angara (G.R. No. 118295, 1997)

Supreme Court case ruling that the Constitution is the supreme measure of the validity of every government act, to which all branches of government must conform.

Manila Prince Hotel v. GSIS (G.R. No. 122156, 1997)

Decision affirming that the Constitution is paramount law deemed written into every statute and contract, and that constitutional provisions are self-executing unless stated otherwise.

People v. Pomar (46 Phil. 440, 1924)

Case establishing that neither public sentiment nor a desire to advance public welfare justifies enacting a law that contravenes express constitutional provisions without prior amendment.

Calalang v. Williams (70 Phil. 726, 1940)

Landmark ruling defining social justice as 'neither communism nor despotism… but the humanization of laws and the equalization of social and economic forces by the State.'

Oposa v. Factoran (G.R. No. 101083, 1993)

Supreme Court decision connecting environmental protection and the common good through the doctrine of intergenerational responsibility.

Lao H. Ichong v. Hernandez (G.R. No. L-7995, 1957)

Decision establishing that police power cannot be surrendered or bargained away through treaties or private contracts, upholding the Retail Trade Nationalization Act.

Ortigas & Co. Ltd. Partnership v. CA (G.R. No. 126102, 2000)

Case holding that municipal zoning ordinances enacted under police power prevail over private contractual restrictive covenants on land use.

Philippine Press Institute v. COMELEC (G.R. No. L-119694, 1995)

Case ruling that compelling print publishers to provide free advertising space ('COMELEC Space') without reimbursement constitutes an unconstitutional taking of private property without just compensation.

TELEBAP v. COMELEC (G.R. No. 132922, 1998)

Decision ruling that requiring broadcast franchise holders to provide free 'COMELEC Time' is a valid police power regulation inherent to operating on public airwaves.

Ynot v. Intermediate Appellate Court (G.R. No. 74457, 1987)

Case striking down E.O. No. 626-A for failing the lawful means test by authorizing summary confiscation of carabaos without judicial hearing and due process.

Chavez v. Gonzales (G.R. No. 168338, 2008)

Supreme Court ruling that regulatory warnings against airing wiretap tapes constituted an unconstitutional content-based prior restraint on free expression under strict scrutiny review.

City of Manila v. Laguio, Jr. (G.R. No. 118127, 2005)

Decision striking down an ordinance banning hotels and motels in Ermita-Malate, establishing that LGUs may regulate but cannot prohibit lawful businesses when regulation suffices.

Lagcao v. Labra (G.R. No. 155746, 2004)

Decision ruling that under R.A. 7279, private land is the absolute last priority for socialized housing expropriation and must be pursued only after exhausting all other acquisition modes.

Republic v. Castellvi (G.R. No. L-20620, 1974)

Case defining the five elements of a valid taking and holding that a temporary year-to-year lease does not constitute eminent domain taking, reckoning taking from the filing of the complaint in 1959.

People v. Fajardo (G.R. No. L-12172, 1958)

Ruling that an ordinance denying building permits solely to preserve a public view without guiding standards constitutes an unconstitutional taking without just compensation and undue delegation.

MCIAA v. Court of Appeals (G.R. No. 139495, 2000)

Case holding that when private land is expropriated unconditionally in fee simple, the former owner has no right of reversion or reconveyance even if the public airport purpose is later abandoned.

MCIAA v. Lozada (G.R. No. 176625, 2010)

Ruling establishing that expropriated property is subject to the implied condition to be devoted to its specific public purpose, requiring reconveyance to former owners if the airport project is abandoned and a repurchase promise was made.

MCIAA v. Marcos (G.R. No. 120082, 1996)

Decision holding that the Local Government Code of 1991 withdrew real property tax exemptions previously enjoyed by GOCCs, rendering MCIAA liable for local real property taxes.

MIAA v. Court of Appeals (G.R. No. 155650, 2006)

Landmark ruling establishing that MIAA is a government instrumentality (not a GOCC) holding airport lands of public dominion for the Republic, rendering its airport lands exempt from local real property taxes.