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9. May sometimes use the taxing 1. What is the first step that the
power as an implement for the government should do in
attainment of a legitimate police converting a private property to
objective. some public use? The government
must first offer to buy it.
10. Like taxation, the power of eminent
domain could be used as an 2. When is the exercise of the power
implement of the police power. of eminent domain necessary?
EXERCISE OF THE POLICE POWER 21. It is only necessary when the owner does
Who exercises police power? The police not want or opposes the sale of his
power is lodged primarily in the national property. Thus, if a valid contract exists
legislature. It may also be exercised by between the government and the owner,
the President and administrative boards the government cannot exercise the
as well as the lawmaking bodies on all power of eminent domain as a substitute
municipal levels, including the barangay to the enforcement of the contract. 26.
by virtue of a valid delegation. -It lies in Coercive authority- by its power of
the discretion of the legislative eminent domain, it can, upon payment of
department. It is not ministerial so a just compensation, forcibly acquire the
person cannot file for a mandamus. -The needed property in order to devote it to
only remedy against legislative inaction is the intended public use. EXERCISE OF
a resort to the bar of public opinion, a THE POWER OF EMINENT DOMAIN 27.
refusal of the electorate to return to the Who may exercise the power of eminent
legislature members who, in their view, domain? National legislature, but its
have been remiss in the discharge of their exercise may be validly delegated to other
duties. TESTS OF THE POLICE POWER 22. governmental entities and, in fact even to
The tests to determine the validity of a private corporations, like the so-called
police measure are as follows: quasi-public corporations. Under existing
laws, the following may exercise the
power of expropriation: 1) The Congress.
1) Lawful Subject- means that the subject 2) The President of the Philippines. 3) The
of the measure is within the scope of the various local legislative bodies. 4) Certain
police power, that is, that the activity or public corporations, like the Land
property sought to be regulated affects Authority and the National Housing
the public welfare. Authority. 5) Quasi-public corporations
like the Philippine National Railways, the
Philippine Long Distance telephone Co.
2) Lawful Means-requires that the means and the Meralco.
employed are reasonably necessary for
the accomplishment of the purpose and
not unduly oppressive upon individuals. 1. Destruction from necessity
distinguished from eminent
domain. Destruction from necessity
CHAPTER 6: EMINENT DOMAIN 23. What can be undertaken even by private
is Eminent Domain? Also known as the individuals. This is not allowed in
Power of Expropriation, it is described as the case of eminent domain.
the highest and most exact idea of Destruction from necessity cannot
property remaining in the government require the conversion of the
that may be acquired for some public property taken to public use, nor is
there any need for the payment of Castellvi Elements: CODE: E P A P
just compensation. O
6. Taxes, defined. TAXES are the 1) The following properties are exempt
enforced proportional contributions from REAL PROPERTY taxes (CODE: Cha
from persons and property, levied Chu M- CA)
by the State by virtue of its
a) Charitable institutions b) Churches, and 4. Who are covered by the due
parsonages or convents appurtenant process of law? All persons, natural
thereto c) Mosques d) Non-profit as well as artificial are protected.
cemeteries; and e) All lands, buildings and However, artificial persons are only
improvements actually, directly and covered in so far as their property
exclusively used for religious, charitable, is protected.
or educational purposes.
Persons -Natural persons both the citizen
and the alien -Artificial persons like
2) All revenues and assets of NON-STOCK corporations and partnerships (oednly in
NON-PROFIT EDUCATIONAL institutions so far as their property is concer)
are exempt from taxes and duties
PROVIDED that such revenues and assets
are actually, directly and exclusively used 1. Deprivation- connotes denial of the
for educational purposes. (Art. XIV Sec 4 right to life, liberty or property. To
(3)) deprive means to take away
forcibly, to prevent from
possessing, enjoying or using
3) Grants, endowments, donations or something.
contributions used actually, directly and
exclusively for educational purposes shall
Deprivation per se is not necessarily
be exempt from tax. This is subject to
unconstitutional. What is prohibited id
conditions prescribed by law. (Art. XIV.
deprivation of life, liberty or property
Sec 4 (4)
without due process of law.
c. All cases in which the jurisdiction of any 12. The right to counsel is a very basic
lower court is in issue requirement of substantive due
process and has to be observed
even in administrative and quasi-
d. All criminal cases in which the penalty judicial bodies.
imposed is reclusion perpetua or higher;
and
13. The right to appeal is a statutory
privilege that may be exercised
e. All cases in which ONLY errors or only in the manner in accordance
questions of law are involved. with law. a.
14. Requisites of procedural due 1. What is Equal Protection? It simply
process in ADMINISTRATIVE requires that all persons or things
proceedings: CODE: H E D S H I P similarly situated should be treated
alike, both as to privileges
15. The right to a hearing, which conferred and liabilities enforced.
includes the right to present ones
case and submit evidence in 2. Classification- the grouping of
support thereof. persons or things similar to each
other in certain particulars and
16. The tribunal must consider the different from all others in these
evidence presented. same particulars.
17. The decision must have something 3. Requisites for valid classification
to support itself. for purposes of the equal
protection clause The classification
18. Evidence supporting the conclusion must: CODE: SGEE
must be substantial.
4. Based upon SUBSTANTIAL
19. The decision must be based on the DISTINCTIONS
evidence presented at the hearing
or at least contained in the record 5. Be GERMANE to the purposes of
and disclosed to the parties the law
affected.
6. NOT LIMITED TO EXISTING
20. The tribunal or body or any of its CONDITIONS only
judges must act on its or his own
independent consideration of the 7. APPLY EQUALLY to all members of
law and facts of the controversy, the SAME CLASS.
and not simply accept the views of
a subordinate in arriving at a CHAPTER 10: SEARCHES AND SEIZURES
decision.
21. The board or body should, in all 1. Section 2. The right of the people
controversial questions, render its to be secure in their persons,
decision in such a manner that the houses, papers, and effects against
parties to the proceeding can know unreasonable searches and
the various issues involved and the seizures of whatever nature and for
reasons for the decision rendered. any purpose shall be inviolable,
and no search warrant or warrant
Note: 1. What is required is not actual of arrest shall issue except upon
hearing, but a real opportunity to be probable cause to be determined
heard. 2. The requirement of due process personally by the judge after
can be satisfied by subsequent due examination under oath or
hearing. 3. Violation of due process: when affirmation of the complainant and
same person reviews his own decision on the witnesses he may produce, and
appeal. 4. Notice and hearing are required particularly describing the place to
in judicial and quasi-judicial proceedings, be searched and the person or
but not in the promulgation of general things to be seized.
rule. 2. Who is a proper party to invoke the
right against unreasonable
searches and seizures?
CHAPTER 9: EQUAL PROTECTION
This right is personal and may be should be issued to place the accused in
invoked only by the person entitled to it. immediate custody so as not to frustrate
i.e owner of the premises searched the ends of justice. 69. How does a judge
determine probable cause? Procedure: 1.
The judge personally evaluates the report
1. Requisites for a valid warrant: and supporting documents submitted by
CODE: P J E D the fiscal regarding the existence of
probable cause and, on the basis thereof,
2. It must be issued upon PROBABLE issue a warrant of arrest or 2. If on the
CAUSE. basis thereof, the judge finds no probable
cause, he may disregard the fiscals report
3. The existence of probable cause is and require the submission of supporting
determined personally by the affidavits of witnesses to aid him in
JUDGE. arriving at the conclusion as to the
existence of probable cause. Soliven v.
4. The judge must EXAMINE UNDER Makasiar
OATH the complainant and the
witnesses he may produce.
1. How shall the judge examine the
applicant for a warrant? According
5. The warrant must PARTICULARLY
to Rule 126, Sec. 4 of the Rules of
DESCRIBE the place to be searched
Court, the Judge , before issuing a
and person or things to be seized.
warrant, must personally examine
6. Probable cause- such facts and in the form of searching questions
circumstances antecedent to the and answers, in writing and under
issuance of the warrant that in oath the complainant and the
themselves are sufficient to induce witnesses that he may produce on
a cautious man to rely on them facts personally known to them ,
and act in pursuance thereof. and attach to the record their
sworn statements together with
7. Existence of probable cause any affidavits submitted.
DETERMINED PERSONALLY BY
THE JUDGE 2. Test of a Valid Affidavit The
affidavits, to be considered valid,
The judge is NOT required to personally should be drawn in such a manner
examine the complainant and his that the affiant could be charged
witnesses. What the Constitution with perjury if the allegations
underscores is the exclusive and personal contained therein are found to be
responsibility of the issuing judge to untrue.
satisfy himself of the existence of
probable cause (Soliven v. Makasiar, 167 3. JOHN DOE WARRANT A John Doe
SCRA 394). The Court cited Rule 112, Sec. warrant can satisfy the
6 of the Rules of Court, providing that a requirement of particularity of
judge may issue a warrant of arrest only if description if it contains a
he is satisfied by the investigation descriptio personae such as will
conducted by him or the prosecutor that enable the officer to identify the
there is probable cause. 68. Prosecutor accused (People v. Veloso, 48 Phil.
and judge distinguished as to their 159) *a description of a place to
objectives: (Ho v. People) The prosecutor be searched is sufficient if the
determines whether there is a reasonable officer with the warrant can , with
ground to believe that the accused is reasonable effort, ascertain and
guilty and should be held for trial. The identify the place intended.
judge determines if the warrant of arrest
4. GENERAL WARRANT A general 10. When the person to be arrested is
warrant is one that does not allege a prisoner who has escaped from a
any specific acts or omissions penal establishment or place where
constituting the offense charged in he is serving final judgment or
the application for the issuance of temporarily confined while his case
the warrant. It contravenes the is pending, or has escaped while
explicit demand of the Bill of Rights being transferred from one
that the things to be seized be confinement to another.
particularly described.
B. VALID WARRANTLESS SEARCHES Rule
5. What are the properties subject to 113, Sec. 5, of the Rules of Court provides
seizure? Under Rule 126, Section that valid warrantless searches are limited
2, of the Rules of Court, the to 1) Customs searches; 2) Searches of
following are subject to search and moving vehicles 3) Seizure of evidence in
seizure: (1) Property subject of the plain view 4) Consent searches 5)
offense; (2) Property stolen or Searches incidental to a lawful arrest; and
embezzled and other proceeds or 6) stop and frisk Guidelines: VALID
fruits of the offense; and (3) WARRANTLESS SEARCH
Property used or intended to be
used as a means of committing an
offense. 1. Search made as an incident to
lawful arrest
6. Admissibility of Illegally seized
evidence RULE: Articles illegally A. An officer making an arrest may take
seized are not admissible as from the person arrested: i. Any money or
evidence. Exception: -when property found upon his person which was
evidence illegally seized will be used in the commission of the offense or
used in the judicial or ii. Was the fruit thereof or iii. Which might
administrative action that may be furnish the prisoner with the means of
filed against the officer responsible committing violence or escaping or iv.
for its illegal seizure. -when Which may be used in evidence in the trial
accused, before arraignment, did of the case B. The search must be made
not raise the issue of the simultaneously with the arrest and it may
admissibility of the evidenceagainst only be made in the area within the reach
him on the ground that it had been of the person arrested
illegally seized (waiver)
7. Warrantless Searches and Seizures
A. VALID WARRANTLESS ARRESTS 1. Search of moving vehicles
A peace officer or even a private
person may , without a warrant, A. This exception is based on exigency.
arrest a person: Thus, if there is time to obtain a warrant
in order to search the vehicle, a warrant
8. When such person has in fact just must first be obtained. B. The search of a
committed, is actually committing, moving vehicle must be based on
or is attempting to commit an probable cause.
offense in his the presence;
9. When an offense has in fact just 1. Seizure of goods concealed to
been committed and the arresting avoid customs duties/authorized
officer has personal knowledge of
under the Tariffs and Customs
facts indicating that the person to Code A. The Tariffs and Customs
be arrested has committed it.
Code authorizes persons having
police authority under the Code to
effect search and seizures without irregularity which may have occurred in
a search warrant to enforce relation to his arrest. 5. Hot pursuit
customs laws. B. Exception: A
search warrant is required for the
search of a dwelling house. C. A. The pursuit of the offender by the
Searches under this exception arresting officer must be continuous from
include searches at borders and the time of the commission of the offense
ports of entry. Searches in these to the time of the arrest. B. There must be
areas do not require the existence no supervening event which breaks the
of probable cause continuity of the chase. 6. Stop and frisk
When a policeman observes suspicious
2. Seizure of evidence in plain view A. activity which leads him to believe that a
To be a valid warrantless search, crime is about to be committed, he can
the articles must be open to the investigate the suspicious looking person
eye and hand. B. The peace officer and may frisk him for weapons as a
comes upon them inadvertently. measure of self-protection. Should he
3. Waiver of right A. Requisites of a find, however, a weapon on the suspect
valid waiver: i. The right exists. ii. which is unlicensed, he can arrest such
The person had actual or person then and there for having
constructive knowledge of the committed an offense in the officers
existence of such right. iii. There is presence. 76. Privacy of Communication
an actual intention to relinquish and Correspondence This right rules out
such right. B. The right against eavesdropping in conversations through
unreasonable searches and the use of electronic gadgets and thus
seizures is a personal right. Thus, covers with its protection even intangible
only the person being searched can things. 77. Implementation of RA 4200
waive the same. C. Waiver requires
a positive act from the person.
R.A. 4200 (Anti-Wiretapping Act)
Mere absence of opposition is not a
waiver. D. The search made
pursuant to the waiver must be 1. The law does not distinguish
made within the scope of the between a party to the private
waiver. communication or a third person.
Hence, both a party and a third
Note: 1. Checkpoints: as long as the person could be held liable under
vehicle is neither searched nor its R.A. 4200 if they commit any of
occupants subjected to a body search and the prohibited acts under R.A.
the inspection of the vehicle is limited to a 4200 (Ramirez v. Ca)
visual search = valid search (Valmonte V.
De Villa) 2. The 1987 Constitution has 2. The use of a telephone extension
returned to the 1935 rule that warrants to overhear a private conversation
may be issued only by judges, but the is not a violation of R.A. 4200
Commissioner of Immigration may order because it is not similar to any of
the arrest of an alien in order to carry out the prohibited devices under the
a FINAL deportation order. VALID law. Also, a telephone extension is
WARRANTLESS ARRESTS not purposely installed for the
purpose of secretly intercepting or
recording private communication.
1. Waiver of an invalid arrest: (Gaanan v. IAC, 145 SCRA 112)