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LAW 2
THE POLICE POWER
Based on the 2007 Edition of Constitutional Law 2 by Isagani Cruz
subject is questioned by the court. They individual liberty and property rights or
can be killed anywhere so retaining worse, bludgeon for oppression.
them in one place cannot prevent their The corruption of police power will lead
killing in another. As for the carabeef to the decay of democracy itself.
(dead meat), as the court stated,
there is no reason to prohibit their -------------NOTHING FOLLOWS--------------
transfer since they are already dead.
Example 1: Rape. The punishment is life
imprisonment to death (which is now
amended limiting the punishment to
imprisonment). There is equivalence in
the offense and penalty. If, for example,
the penalty becomes castration of the
rapist, valid? It is not because of the
guaranty by the due process of law to
respect the integrity of the persons
body.
Example 2: Community Cleanliness. An
ordinance may be enacted requiring
litter to be deposited in trash bins and
non-compliance will induce punishment.
Such ordinance, however, will become
invalid if it prohibits, for example,
distribution of bills in public places in
the belief that people will scatter them
on the streets after viewing. Invalidity is
due to the violation of the distributors
rights to articulate and disseminate
ideas as guaranteed under the freedom
of expression clause in the Constitution.
Means employed must pass the test of
reasonableness so as to conform with
the Bill of Rights for the protection of
private rights. Failing this, the law will
be annulled for violation of the second
requirement.
INTEGRITY OF POLICE POWER
Non-compliance with the 2 requisites is
tantamount to unwarranted intrusion of