CHAPTER 1 BASIC CONCEPTS

1. Constitutional law
a. Definition
- the study of maintenance of the proper balance between authority as represented by the three
inherent powers of the State and liberty as guaranteed by the Bill of Rights
b. role
- to effect an equilibrium between authority and liberty so that rights are exercised within the
framework of the law and the laws are enacted with due deference to rights.

2. Equilibrium of Powers and Rights

- Fundamental powers of the State
a. Police Power
b. Power of Eminent Domain
c. Power of Taxation
- Safeguards in the Bill of Rights
a. Right to due process
b. Equal protection
c. The prohibition against unreasonable searches and seizures
d. Freedom of expression
e. The impairment clause
f. The Guarantees against injustice to the accused
- Common objective of these power and rights: co-existence
- Ultimate goal: a well ordered society based on the inviolability of rights which, although they may not
be curtailed arbitrarily, may nevertheless be regulated for the common good

CHAPTER 2 NATURE OF CONSTITUTION

1. Constitution
a. Definition
-Cooley: that body of rules and maxims in accordance with which the powers of sovereignty are
habitually exercised.
- Justice Malcolm: 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. (More appropriate with the PH’s constitution)

b. Purposes

1. Prescribe the permanent Presidential Article VII (Sec.1)

frame work of a system of Bicameral Article VI (Sec. 1)
government
2. To assign to several Three Branches of the government: Article VI, VII, VIII
department their Legislative, Executive and Judiciary
respective powers and
duties
3. To establish certain first Principles and State Policies Article II
fixed principles on which
government is founded
 c. Classification
Form
a. Written – one whose precepts are embodied in one document
b. Unwritten – consists of rules which have not been integrated into a single, concrete form but are
scattered in various sources
Origin
a. Conventional/ Enacted – formally “struck off” at a definite time and place following a conscious or
deliberate effort taken by a constituent body or ruler.
b. Cumulative/Evolved – the result of political evolution. Not inaugurated at any specific time but
changing by accretion rather than by any systematic method
Way on how to amend/revise
a. Rigid – one that can be amended only by a formal and usually a difficult process
b. Flexible – one that can be changed by ordinary legislation

** PH Constitution – written, conventional and rigid

** British Constitution – unwritten, cumulative and flexible

2. Essential Qualities of Written Constitution

A. Broad
- it provides for the organization of the entire government and covers all persons and things
within the territory of the State.
- Supposed to embody the past, to reflect the present and to anticipate the future
- It must be comprehensive enough to provide for every contingency.
B. Brief
- Confine itself to basic principles to be implemented with legislative details more adjustable to
change and easier to amend
C. Definite
- Must be clear and lest ambiguity in its provisions so that confusion and divisiveness among the
people and perhaps ever physical conflict will be avoided

3. Essential Parts of the Written Constitution

Constitution of Liberty
Constitution of Government
Constitution of Sovereignty
4. Amendment or Revision
Amendment – isolated or piecemeal change only
Revision – revamp or rewriting the whole instrument
a. Procedure
1. Proposal
Directly by the Congress
Consists of a series of Article II
prescriptions setting forth the Article III
fundamental civil and political Article IV
rights of the citizens imposing Article V
limitations on the powers of Article XII
government as a means of
securing the enjoyment of those
rights
Consists of a series of Article VI
provisions outlining the Article VII
organization of the government, Article VIII
enumerating its powers, laying Article IX
down certain rules relative to its Article X
administration, and defining the Article XI
electorate
Consists of provisions pointing Article XVII
out the mode or procedure in
accordance with which formal
changes in the fundamental law
may be brought about
intended is a mere amendment Article XVII Sec.1 (1)
or change of particular
provisions only, the proposal is
 better made by direct legislative
action. This method will avoid
unnecessary expenditure of
public funds and time.

Vote of at least ¾ of all the

By a constitutional convention
members of the Congress. (3/4
of the senate and 3/4 of the
house of representatives)
overhaul of entire constitution, Article XVII Sec 1 (2)
advisable to entrust the task to
them, which will have more time, Article XVII Sec 3
opportunity and presumably the
needed expertise.

May be called into existence

People’s initiative
either by a 2/3 vote of all the
members of congress, or (if
such vote is not obtained) by a
majority vote of all the members
of the congress with the
question of whether or not to call
a convention to be resolved by
the people in a plebiscite
A petition of at least 12% of the Article XVII Sec 2
total number of registered
voters, of which every legislative
district must be represented by
at least 3% of the registered
voters therein

2. Ratification
- Article XVII Sec. 4
- Any amendment to, or revision of, this Constitution under Section 1 hereof shall be valid when
ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty
days nor later than ninety days after the approval of such amendment or revision
Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes
cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days
after the certification by the Commission on Elections of the sufficiency of the petition.
Lambino v COMELEC
- Enumerates the distinction
between revision and
amendment
- because the Lambino group
failed to present the full text of
the proposed changes to the
Constitution to the signatories
and thus it cannot be assumed
that the signatories had
knowledge of the full nature and
effect of the changes they were
supporting. Given that the
Initiative first gathered signatures
without showing the full text of
the proposed amendments, it
can be seen as a “gigantic fraud
on the people.”
Santiago v COMELEC
- Article XVII, Section 2 of the
1987 Constitution is not self-
executory and RA 6735 cannot
be the implementing legislation.
Tolentino v COMELEC
- The plebiscite is against Sec. 1,
Article of the 1935 Constitution,
which provides that:
“SECTION 1. … Such
amendments shall be valid as
part of this Constitution when
approved by a majority of votes
cast at an election at which the
amendments are submitted to
the people for their ratification.”
(emphasis supplied)
- The phrase “an election” refers
to a singular election. The
rationale of which is that, to allow
the people to realize the wisdom
Revision broadly implies a change that alters a basic
principle in the Constitution, like altering the principle of
separation of powers or the system of checks and
balances. There is also revision if the change alters the
substantial entirety of the Constitution. On the other
hand, amendment broadly refers to a change that adds,
reduces, deletes, without altering the basic principle
involved. Revision generally affects several provisions
of the Constitution; while amendment generally affects
only the specific provision being amended.
the Court considered the two-part test. First, the
quantitative test asks whether the proposed change is
so extensive in its provisions as to change directly the
“substance entirety” of the Constitution by the deletion
or alteration of numerous provisions. The court
examines only the number of provisions affected and
does not consider the degree of the change. Second,
the qualitative test, which inquires into the qualitative
effects of the proposed change in the Constitution. The
main inquiry is whether the change will “accomplish
such far-reaching changes in the nature of our basic
governmental plan as to amount to a revision”.
The Lambino proposal constituted a revision, not simply
an amendment, of the Constitution, because it involved
a change in the form of government, from presidential
to parliamentary, and a shift from the present bicameral
to a a unicameral legislature.
Under Republic Act No. 6735 [An Act Providing for a
System of Initiative and Referendum], approved on
August 4, 1989, initiative is the power of the people to
propose amendments to the Constitution or to propose
and enact legislation through an election called for the
purpose. There are three systems of initiative, namely:
initiative on the Constitution which refers to a petition
proposing amendments to the Constitution; initiative on
statutes which refers to a petition proposing to enact a
national legislation; and initiative on local legislation
which refers to a petition proposing to enact a regional,
provincial, city, municipal or bararigay law, resolution or
ordinance [Sec. 2(a), R.A. 6735]. Indirect Initiative is
exercise of initiative by the people through a proposition
sent to Congress or the local legislative body for action
[Sec. 2(b) R.A. 6735].
The use of the word “election" in the singular meant that
the entire Constitution must be submitted for ratification
at one plebiscite only; furthermore, the people have to
be given a “proper frame of reference” in arriving at
their decision. Thus, submission for ratification of piece-
meal amendments by the Constitutional Convention
(which is tasked to revise the Constitution) was
disallowed since the people had, at that time, no idea
yet of what the rest of the revised Constitution would be
[Tolentino v. Comelec, 41 SCRA 702].
 and appropriateness of the
provision, they need to examine
the amendments proposed by
the Constitutional Convention in
harmony with the others, as well
as the rest of the Constitution.
Occena v COMELEC
- which is authority for the
principle that the choice of
method of proposal, i.e., whether
made directly by Congress or
through a Constitutional
Convention, is within the full
discretion of the legislature.
Imbong v COMELEC
- the Supreme Court declared
R.A. 6132 constitutional, as it
merely provided the details for
the implementation of Resolution
of Both Houses (RBH) Nos. 2
and 4.

CHAPTER 3 INHERENT POWERS

Police Power Power of the state to regulate liberty and property for
the promotion of the general welfare
Power of Eminent Domain Enables the State to forcibly acquire private property,
upon payment of just compensation, for some intended
public use
Power of Taxation The State is able to demand from the members of
society their proportionate share or contribution in the
maintenance of the government

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

DIFFERENCES
1. Police Power – regulates both liberty and property
Power of Eminent Domain and Power of Taxation – affect only property rights
2. Police power and Power of Taxation – may be exercised only by the government
Power of Eminent Domain – exercised by some private entities
3. Police Power – the property taken in the exercise of this power is destroyed becayse it is noxious or
intended for a noxious purpose
Power of Eminent Domain and Power of Taxation – the property taken under these powers is intended for a
public use or purpose and is therefore wholesome
4. Police Power – the compensation of the persons subjected to this power is the intangible altruistic feeling
that he has contributed to the general welfare. (feeling: ensured the safety of others)
Power of Eminent Domain and Power of Taxation – the compensation involved is more concrete, a full and
fair equivalent of the property expropriated or protection and public improvements for the taxes paid.

CHAPTER 4 – POLICE POWER

1. Characteristics
- Most pervasive
- Least limitable
- Most demanding of the three powers
 Justification – “salus populi est suprema lex”; welfare of the people is the supreme law
o “sic utere tuo ut alienum non laedas” ; so use your property as not to injure others
- Dynamic
- Not static
- Must move with the moving society it is supposed to regulate
- May be exercised again and again, as often as it is necessary for the protection or the
promotion of the public welfare
- May use taxing power as an implement for the attainment of a legitimate police objective and
power of eminent domain could be used as an implement of police power
a. Who may exercise the Police Power
- Lodged primarily in the national legislature. By valid delegation of legislative power, it may also
be exercised by the President and administrative boards as well as the lawmaking bodies on
all municipal levels, including barangay.

2. Tests of Police Power

a. Lawful Subject – the interests of the public generally, as distinguished from those of a particular class,
require the interference by the state
b. Lawful Means – the means employed are reasonably necessary for the attainment of the object sought
and not unduly oppressive upon individuals

CHAPTER 5 EMINENT DOMAIN

A. Basic Concepts, Limitations

- It enables the State to forcibly acquire private property upon payment of just compensation for
public use.
- Legal Basis: Article III Sec.9
Private property shall not be taken for public use without just compensation
B. Who may Exercise the Power
Congress Power is lodged primarily in the legislature
President of the Philippines Sec. 12 Chap4 Book III EO 292
Various legislative bodies (Local Government Unit) Sec19 of RA 7160
Certain public corporations (National housing Sec6 (d) PD 757
Authority, Water distrcits)
Quasi-public corporations (PH National Railways, Sec1 (j) RA 6395
PH Long Distance Telephone Co. and MERALCO)

C. Requisites for the Exercise

1. Necessity Must be of public character a. Legality of exercise is a
justiciable controversy –
Genuine need for the exercise RP v La Orden
of power b. No arbitrariness in
choice of property –
Lagcao v Labra
2. Private Property All private property capable of a. Property already
ownership devoted yo public use
cannot be expropriated
by delegate pursuant to
general grant of
authority – City of Manila
v Chinese Community
b. Even services are
embraced in property –
Republic v PLDT
3. Taking Common meaning: physical a. Trespass without actual
dispossession of owner eviction of owner –
Ayala de Roxas v City of
Manila
b. Material impairment of
value of property – NPC
v Aguirre-Panderanga
 c. Prevention of ordinary
uses for the property –
People v Fajardo
4. Public Use Traditional meaning: any use a. Slum clearance and
directly available to the general urban development –
public as matter of right Reyes v NHA
b. Pilot farm and housing
Directly available to general project – Prov. Of
public as a matter of right and Camarines Sur v CA
not only accomodation
5. Just Compensation Full and fair equivalent of the a. Value is determined
property taken either as of the date of
taking or filing of the
complaint, whichever
came first – Eslaban v
Onorio and Republic v
Castellvi
b. Where filing occurs after
taking, just
compensation is
determined as of date of
taking – Commissioner
of Public Highways v
Burgos
c. Ascertainment of just
compensation is judicial
prerogative – EPZA v
Dulay
d. Compensation is pain in
money except in
agrarian reform cases –
Assoc. of Small
Landowners vs Sec. of
DAR

CHAPTER 6 – POWER OF TAXATION

A. Basic Concepts
1. Taxation
- An effort to apportion the costs of government among the people, according to their ability to
pay and on the basis of as scientific a classification as possible
2. Taxes
- Enforced proportional contributions from persons and property, levied by the State by virtue of
its sovereignty, for the dupport of government and for all public needs.

3. Police Power vs Taxation

- In Gerochi v. Department of Energy, G.R. No. 159796, July 17, 2007, the Court made a
conservative and pivotal distinction between police power and taxation, holding that the
distinction rests in the purpose for which the charge is made. If generation of revenue is the
primary purpose and regulation is merely incidental, the imposition is a tax; but if regulation is
the primary purpose, the fact that revenue is incidentally raised does not make the imposition a
tax. Thus, the Supreme Court concluded that the Universal Charge imposed under Sec. 34 of
the EPIRA is an exaction that invokes the State’s police power, particularly its regulatory
dimension, gleaned from Sec. 34 itself which enumerates the purposes of the Universal
Charge which can be amply discerned as regulatory in character.
- License fee is a police measure while tax is a revenue measure.

B. Situs of Taxation
Persons Taxable: residents/citizens/ aliens Art. 50 of the NCC
Real Property Taxable where the property is Art. 16 of the NCC
(Lex ritae sitae) located (resident/non-resident)
 Tangible Personal Property
(Lex ritae sitae)
Intangible Personal Property
(Mobila Sequntur personam)
Income
Taxable where it is physically Art. 16 of the NCC
located (resident/non-resident)
GNR – situs of the personal Wells Fargo v Collector
property is the domicile of the “The shares of the stocks
owner receive the protection and
XPN – shares of stock in benefit of the PH laws. Thus,
domestic corporation of non- taxable in the PH.”
resident foreigner
Residents/citizens – from all Sec. 24,25,27 NIRC
sources
Non-residents/aliens – income
derived from PH sources

C. Limitations
1. Constitutional Limitations
Due Process Article III Sec 1
“No person shall be deprived of
life, liberty, or property without
due process of law, nor shall
any person be denied the equal
protection of laws”
Equal Protection Article III Sec 1
“No person shall be deprived of
life, liberty, or property without
due process of law, nor shall
any person be denied the equal
protection of laws”
Uniformity and Equity Article VI Sec. 28
“The rule of taxation shall be
uniform and equitable. The
Congress shall evolve a
progressive system of taxation”
Under authority of a law that is
valid
After compliance with fair and
reasonable methods of
procedure prescribed by law
All persons or things similarly
situated
Should be treated alike, both as
to rights conferred and
responsibilities imposed
Uniformity – persons or things
belonging to the same class
shall be taxed at the same rate
Equity- the tax shall be strictly
proportional to the relative value
of the property

2. Inherent Limitations (not found in the constitution)

a. Public Purpose
b. Non-delegation of power to tax
c. Exemption of government entities
d. International comity
e. Territorial jurisdiction

D. Double Taxation
1. Elements
- There is double taxation when additional taxes are laid on the same subject, by the same
taxing jurisdiction, during the same taxing period, and for the same purpose.
2. General rule
- There is no provision in the constitution specifically prohibiting double taxation.
- It is not prohibited as long as equal protection clause is not violated.
- What is prohibited is doubled taxation because it applies only to specific individual which is a
violation of equal protection clause

E. Exemption from Taxation

Tax exemption Article VI Sec 28 (3)
“charitable institutions, churches and parsonages
or convents appurtenant thereto, mosques, non-
profit cemeteries and all lands, buildings and
improvements, actually, directly and exclusively
 used for religious, charitable or educational
purposes shall be exempt from taxation.
Coverage a. “charitable institutions, churches and
parsonages or convents appurtenant
thereto, mosques, non-profit cemeteries
and all lands, buildings and
improvements
b. Actually, directly, and exclusively used
for
c. Religious, charitable or educational
purposes
Rationale a. Religious and charitable institutions
assist the State in improving the morality
of people
b. Principle of separation of Church and
State
c. Religious freedom
Rule of Interpretation a. Strictissimi juris against taxpayers who
claim exemptions
b. And liberally in favor of the taxing
authority

CHAPTER 7 DUE PROCESS

A. Basic Concepts
1. Evolution of Due Process

Bible God queried Adam: Giving him – notice Substantive (valid law)
(early world) Where are you? Did Procedural (notice and
you eat the forbidden Chance to be - heard hearing)
fruit?
Magna Carta Required King John to Forced onto King John Substantive
(1215) proclaim: by his subjects: (punishment = law)
“that no freeman could
be punished except 1. To limit his
through the law of the powers
land” 2. Protect their
privileges
Statute 28 Kind Edward III Property – lands or Procedural
(1367) declared: tenements (opportunity to hear)
“no man shall be put
out of his lands or Liberty – taken,
tenements, nor taken, imprisoned
nor imprisoned, nor
indicated, nor put to Life- put to death
death, without he be
brought into answer by
due process of law”
Darthmouth College Daniel Webster said: Due process laid down Procedural
Case “a law which hears by law regardless of its (extrinsic validty)
(1819) before it condemns, intrinsic validity
which proceeds upon
inquiry and renders
judgment only after
trial”
Judicial Activism CJ John Marshall Intrinsic – validity of the Substantive (intrinsic)
(1830) Whether the law as law itself
enacted by Congress Procedural (extrinsic)
was valid in the first Extrinsic – validity of
place procedure

3. Meaning of Due Process

Daniel Webster The general law, a law which hears before it
condemns, which proceeds upon inquiry and
renders judgment only after trial
Jose P. Laurel A precise definition might prove constricting and
prevent judiciary from adjusting it to the
circumstances of particular cases and to the ever-
changing conditions of society
Justice Fernando Responsiveness to the supremacy of reason,
obedience to the dictates of justice
Justice Felix Frankfurter The embodiment of the sporting idea of fair play
4. Who are protected
a. Natural persons (citizens and aliens) Villegas v Hiu Chiong
“while it is true that Philippines is not obliged to
admit aliens within its territory, once an alien is
admitted, he cannot be deprived of life without due
process of law. The guarantee includes the means
of livelihood. Protection of due process and equal
protection is given to all persons, both aliens and
citizens.

Smith, Bell v Natividad

b. Artificial persons (property only) There can exist no measure of doubt as to the
power of the PH legislature to enact Act No. 2761
to regulate the transportation of merchandise and
passengers between parts or places therein. The
purpose of the Legislature is to encourage
Philippine ship-building.

5. Meaning of Life, Liberty and Property

Life Includes rights of an individual Buck v Bell
to: A statute permitting compulsory
sterilization of the unfit,
a. His body in its including mentally retarded, for
completeness and to the protection and health of the
the state, did not violate due
b. Use of God-given process clause of the 14th
faculties which make amendment to the US
life enjoyable Constitution
Liberty Includes right to: Rubi v Prov. Board of Mindoro
Mangyans living together in
a. Exist Tigbao does not make them
b. Be free from arbitrary slaves. They do not work for
personal restraint or anybody but themselves. There
servitude is, therefore, no involuntary
servitude.
Property a. One’s employment, Crespo v Prov. Board
profession, trade or It is a principle in American
calling is a “property jurisprudence which,
right” undoubtedly, is well-recognized
in this jurisdiction that one’s
employment, profession, trade
or calling is a “property right”,
and the wrongful interference
therewith is an actionable
wrong, The right is considered
to be property within the
protection of a constitutional
guaranty of due process of law.

Libanan v Sandiganbayan
The suspension order cannot
b. Public office is not the amount to a deprivation of
property envisioned by property without due process of
the constitution law. Public office is a public
agency or trust, and it is not the
property envisioned by the
constitutional provisions which
Libanan invokes.

GSIS v Montesclaros
 c. Employee who retires No law can deprive such person
and meets eligibility of his pension irghts without due
requirements acquires process of law, that is, without
vested right to benefits notice and opportunity to be
that is protected by heard.
due process clause

d. License authorizing
operation of cockpit is Pedro v Prov. Board of Rizal
no a property A license authorizing the
operation and exploitation of a
cockpit is not a property of
which the holder may not be
deprived without due process of
law, but a mere privilege which
may be revoked when the
public interests so require.

B. Aspects of Due Process

Substantive Due Process Intrinsic validity of the law Kwong Sing v City of Manila

a. Inquiry is not whether Yu Cong Eng v Trinidad

Procedural Due Process
the law is being enforced
in accordance with the
prescribed manner
b. But whether or not, to
begin with, the law is a
proper exercise of
legislative power
a. One which hears before Javier v Comelec
it condemns, which
proceeds upon inquiry, Galman v Sandiganbayan
and renders judgement
only after trial
b. Twin requirement of
notice and hearing
constitute the essential
requirements of due
process and neither can
of these elements can
be eliminated without
running afoul of the
constitutional guaranty

Requisites of Substantive Due Process

1. Lawful Subject – the interests of the public generally as distinguished from those of a particular class
require intervention of state
2. Lawful Means – the means employed must be reasonably related to accomplishment of the purpose
and not unduly oppressive

Requirements of Procedural Process in Judicial Proceedings:

1. Must be an impartial court/tribunal clothed with judicial power
2. Jurisdiction must be lawfully acquired over the person of the defendant and over the property which is
the subject matter
3. The defendant must be given an opportunity to be heard
4. Judgment must be rendered upon lawful hearing
CHAPTER 8 EQUAL PROTECTION
A. Basic Concepts
1. Meaning of Equal Protection
- All persons or things similarly situated should be treated alike, both as to rights conferred and
responsibilities imposed
2. GNR: similar subjects, should not be treated differently, so as to give undue favor to some and unjustly
discriminate against others
3. XPN: if there is a valid classification

B. Aspects of Equal Protection

1. Substantive Equality
- Statute must not be discriminatory on its face and impartial in appearance
- Yick Wo v Hopkins (laundromats in San Francisco owned by the Chinese people)
2. Enforcement Equality
- Must be enforced and applied equally
- Must not be unjust and discriminatory
- People v Vera (probation law which is available only certain province who can afford to have
probation officers)

C. Scope of Equality
1. Economic Rights
2. Political Rights
3. Social Rights

D. Valid Classification
- the constitution requires equality among equals
- classification has been defined as the groupings of persons or things similar to each other in certain
particulars and different from all the same particulars

Requisites of Valid Classification

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