Constitutional Law 2:
respective powers and duties
Compilation of Doctrines
<THE CONSTITUTION OF THE PHILIPPINES>
What is a Constitution?
- (Cooley) The body of rules and maxims in accordance
with which the powers of sovereignty are habitually
exercised
- (Malcolm) That written instrument enacted by the 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.
Classes of Constitution
(1) Written v. unwritten. -A written constitution’s
precepts are embodied in one document or set of documents.
An unwritten constitution consists of rules which have not been
integrated into a single, concrete form but are scattered in
various sources, such as statutes of fundamental character,
judicial decisions, commentaries of publicists, customs and
traditions. [Cruz, Constitutional Law 4-5; Nachura, Outline
Reviewer in Political Law 2]
(2) Enacted (conventional) v. evolved (cumulative)
- A conventional constitution is enacted formally at a definite
time and place following a conscious or deliberate effort taken
by a constituent body or ruler. A cumulative body is the result of
political evolution, not inaugurated at any specific time but
changing by accretion rather than by any systematic method.
[Cruz, id., at 5]
(3) Rigid v. flexible - A constitution is classified as
rigid when it may not be amended except through a special
process distinct from and more involved than the method of
changing ordinary laws. It is supposed that by such a special
procedure, the constitution is rendered difficult to change and
thereby acquires a greater degree of stability. A constitution is
classified as flexibile when it may be changed in the same
manner and through the same body that enacts ordinary
legislation. The Constitution of the UK is flexible.
N.B. The Philippine Constitution is written, enacted and rigid.
De Leon vs. Esguerra
- When did the 1987 Constitution take effect? On
February 2, 1987
- The 1987 Constitution took effect on the date of the
plebiscite
- The canvass thereafter is merely the mathematical
confirmation of what was done during the date of the
plebiscite and the proclamation by the president is
merely the official confirmatory declaration of an act
which was actually done by the Filipino people in
adopting the Constitution when they cast their votes on
the date of the plebiscite.
Manila Prince Hotel vs. GSIS
- The Constitution is the supreme law to which all other
laws must conform and in accordance with which all
private rights must be determined and all public
authority administered.
- Purposes of the Constitution
a) It prescribes the permanent framework of a
system of government
DANIEL, ZEN | SBCA-SOL 1A
b) Assigns to the different departments their
c) Establishes certain fixed principles on which
government is founded
- Self-Executing vs. Non Self-Executing Provisions
a) Self-Executing: complete in itself and
becomes operative without the aid of
supplementary or enabling legislation.
Supplies sufficient rule by means of which the
right it grants may be enjoyed or protected
b) Non Self-Executing: lays down a general
principle, such as those found in Article II
Declaration of Principles and State Policies
c) Presumption: all provisions of the constitution
are self-executing
d) Why? If not, the legislature would have the
power to ignore and practically nullify the
mandate of the fundamental law
Francisco vs. House of Representatives
- Specific tools of constitutional construction
a) VERBA LEGIS – whenever possible, the
words used in the Constitution must be given
their ordinary meaning except where
technical terms are employed
b) Why? A constitution is not a lawyer’s
document.
c) RATIO LEGIS EST ANIMA – the words of the
constitution should be interpreted in
accordance with the intent of its framers. The
court should bear in mind the object sought to
be accomplished and the evils sought to be
prevented.
d) UT MAGIS VALEAT QUAM PEREAT – the
words of the Constitution should be
interpreted as a whole.
- Extraneous materials can ONLY be used if the above-
mentioned rules fail
- If, however, the plain meaning of the word is not clear,
resort to other aids is available
Gonzales vs. COMELEC
- General legislative power does not include power to
propose amendments
a) Congress may propose amendments to the
Constitution merely because the same
explicitly grants such power (expressly
conferred, not inherent)
b) But when they do such, they act as as
component elements of a constituent
assembly. When acting as such, the
members of Congress derive their authority
from the Constitution
c) On the other hand, to propose amendments is
part of the inherent powers of the people, and
their authority does not emanate from the
Constitution – they are the very source of all
powers of government, including the
Constitution itself
- The power of the Congress to exercise their power as
a constituent assembly is a justiciable question.
- As a constituent assembly, Congress may directly
propose amendments or revisions AND at the same
time, call for constitutional convention (as a legislative
power) (changing of hats)
- Ratification of the Constitution may be held
simultaneously in a general election. The proposed
1
 Constitutional Amendments may be submitted at a - HOW TO RECONCILE THE CASES OF GONZALES
plebiscite scheduled on the SAME DAY as the regular AND SANIDAD
elections a) Gonzales: the prevailing doctrine. Constituent
a) There is nothing in the Constitution to indicate power is not inherent in Congress
that the election referred to is a special, not b) Sanidad: pro hac vice. Constituent power is
general election an adjunct of legislative power.
- DISSENT: The people must be afforded opportunity to Imbong vs. COMELEC
mull over the original provisions compare them with the - The Congress, acting as constituent assembly, may
proposed amendments, and try to reach a conclusion propose amendments to the Constitution, and
as the dictates of their conscience suggest, free from exercising its general legislative power, provide for the
the incubus of extraneous or possibly insidious details of the constitutional convention
influences., There must be a fair submission, intelligent - DOCTRINE OF NECESSARY IMPLICATION: grant of
consent or rejection. power includes all other power essential to the effective
exercise of the principal power
Constituent Power Legislative Power a) So long as it does not contravene any
1. Is the power to formulate a 1. Is the power to pass, provision of the Constitution
Constitution or to propose repeal or amend ordinary b) Congress may enact necessary implementing
amendments to or revision of laws or statutes.
 legislation to fill in the gaps which Congress
the Constitution and to ratify as a Constituent Assembly omitted

such proposal.
 Occena vs. COMELEC
2. Is an ordinary power of - The necessary vote to approve proposals to amend the
Congress and of the people, Constitution is a MAJORITY VOTE, subject to the
2. Is exercised by Congress also through initiative and ratification by the people
(by special constitutional referendum.
 - Good legal basis: Sec. 1 of Art 2: the Philippines is a
conferment), by a democratic republican institution
Constitutional Convention or 3. Ordinarily needs the Tolentino vs. COMELEC
Commission, by the people approval of the Chief - Piecemeal submission of proposals for ratification is
through initiative and Executive, except when not allowed, they must be submitted to the people for
referendum, and ultimately done by the people through ratification in one election
by the sovereign electorate. initiative and referendum. - There must be a proper submission to the people
Santiago vs. COMELEC
3. It does not need the
- The system of initiative to propose amendments to the
approval of the Chief
constitution is not self-executing
Executive. (Jurisprudence
- Republic Act No. 6735 is insufficient and does not
under martial law, however,
cover initiative on the constitution
sanctioned the proposition
a) Fails to provide sufficient standard for
that on the basis of absolute
subordinate resolution
necessity, where no body
- The Congress cannot delegate to other agencies the
existed which could proposal
power to provide for the exercise of the right of initiative
amendments, both the
on the Constitution
constituent and legislative
Lambino vs. COMELEC
powers of the legislature may
- A petition for initiative to propose amendments to the
be exercised by the Chief
constitution must contain the proposed amendments
Executive. (Sanidad vs.
a) People must author and sign the proposal
Comelec)
b) As an initiative upon a petition, the proposal
must be embodied in the petition
Sanidad vs. COMELEC - Initiative can only be exercised to propose
- The power to propose amendments to the constitution amendments, not revision
is a justiciable controversy. a) Amendment: addition or change within the
a) To determine whether the constitutional lines of the original instrument, adds, reduces,
norms for amendments have been observed or deletes without altering basic principle
or not. And, this inquiry must be done a priori involved
not a posteriori, i.e., before the submission to b) Revision: a change that alters a basic
and ratification by the people. principle in the constitution, change that
b) Once it is ratified, it ceases to be justiciable. affects substantial provisions of the
- During the Marcos era, the president had the power to constitution
exercise legislative power. Therefore, he may likewise (1) Quantitative test – The court examines only the
propose amendments to the Constitution. (PRO HAC number of provisions affected and does not consider
VICE) the degree of the change.
- The proposal to amend and/or to revise the (2) Qualitative test – The court inquires into the
Constitution does need the approval of the president. qualitative effects of the proposed change in the
a) The prerogative of the president to approve or constitution. The main inquiry is whether the change
disapprove applies only to ordinary cases of will “accomplish such far reaching changes in the
legislation nature of our basic governmental plan as to amount to
a revision.” The changes include those to the

DANIEL, ZEN | SBCA-SOL 1A 2

 “fundamental framework or the fundamental powers of
its Branches,” and those that “jeopardize the traditional
form of government and the system of check and
balances.” Whether there is an alteration in the
structure of government is a proper subject of inquiry.
- RA 6735 is a sufficient law to implement initiative on
the Constitution
- HOW TO RECONCILE SANTIAGO AND LAMBINO
CASE?
a) Santiago: provision on initiative is a non-self
executing provision, RA 6735 insufficient
b) Lambino: did not overturn the decision in so
far as the issue on non self-executing
provision, but it overturned the ruling in
Santiago so far as the sufficiency of RA 6735
is concerned
- The Congress can ONLY PROPOSE revision or
amendments, they exercise constituent power
Province of Cotabato vs. The Govt. of the RP Peace Panel
on Ancestral Domain
- The President is not allowed to guarantee a change to
the Constitution, but she may not be prevented from
submitting them as recommendations to Congress
<PROCEDURE IN AMENDING THE
CONSTITUTION>
There are two steps in the amendatory process:
(1) proposal, and
(2) ratification
(1) Proposal – The adoption of the suggested change in the
Constitution.
(a) Congress (as a Constituent Assembly) – a vote of
3/4 of ALL its members. (Voting separately)
(b) Constitutional Convention – Called into existence
by (i) 2/3 of all members of Congress OR (ii) the
electorate, in a referendum called for by a majority of
all members of Congress [CONST., art. XVII, sec. 3]
(c) People (through a People’s Initiative) – petition of at
least 12% of the total number of registered voters;
every legislative district must be represented by at least
3% of the registered voters therein.
(i) Limitation on Initiative: No amendment in
this manner shall be authorized (1) within 5
years following the ratification of the 1987
Const. nor (2) more often than once every 5
years thereafter.
(ii) Enabling Law: Constitutional provision on
amendments via People’s Initiative not self-
executory [Defensor-Santiago v. COMELEC,
270 SCRA 170 (1997)]
(2) Ratification – the proposed amendment shall be submitted
to the people and shall be deemed ratified by the majority of the
votes cast in a plebiscite, held not earlier than 60 days nor later
than 90 days:
(a) After approval of the proposal by Congress or
ConCon;
(b) After certification by the COMELEC of sufficiency of
petition of the people.
<POLICE POWER>
What is Police Power?
- The power of promoting the public welfare by
restraining and regulating the use of liberty and
property'.
DANIEL, ZEN | SBCA-SOL 1A
Scope of Police Power
- It cannot be bargained away through the medium of
treaty /contract
- Non-impairment of contracts or vested rights will have
to yield to superior and legitimate exercise of police
power
- Exercise of profession may be regulated by the state to
safeguard health, morals, peace, education, order,
safety and several welfare of the people
Basis
- Salus populi est suprema lex (welfare of the people
is the supreme law)
- Sic utere tuo ut alienum non laedas (use your
property so as not to impair/injure another)
Who exercises said power?
- Legislative branch
- Executive branch, upon valid delegation
Philippine Association of Service Exporters vs. Drilon
- Police power is
a) An imposition of restraint upon liberty or
property
b) In order to foster common good. It is not
capable of an exact definition but has been
purposely veiled in general terms to
underscore its all-comprehensive embrace
- It finds no specific Constitutional grant for the plain
reason that it does not owe its origin to the charter, it is
inborn in the very fact of statehood and sovereignty.
- It may not be exercised arbitrarily or unreasonably.
- The power is inherently vested in the Legislature.
However, they may validly delegate this to the
President, to administrative bodies, and to lawmaking
bodies of local government units.
Ichong vs. Hernandez
- Law of overwhelming necessity: Police power is far-
reaching in scope and it is almost impossible to limit its
sweep.
- It derives its existence from the very existence of the
State itself. It is co-extensive with self-protection and
survival, and it is the most positive and active of all
governmental processes
- Essential, insistent, and illimitable
- Must be balanced with due process and equal
protection
Lutz vs. Araneta
- These inherent powers live in different words but it can
be commingled.
- Taxation may be used as an implement of police power
a) Revenue raising = taxation
b) Regulation = police power
- Tax is levied with a regulatory purpose, to provide
means for the rehabilitation and stabilization of the
threatened sugar industry.
Association of Small Landowners vs. Secretary of Agrarian
Reform
- Power of eminent domain may be used as an
implement of police power
- The general rule at least is that while property may be
regulated to a certain extent, if regulation goes too far
it will be recognized as taking
- But restriction imposed to protect the public health,
safety or morals from dangers threatened is not a
3
 taking. The restriction here in question is merely the
prohibition of a noxious use.
- To the extent that the measures under challenge
merely prescribe retention limits for landowners, there
is an exercise of the police power for the regulation of
private property in accordance with the Constitution.
- But where, to carry out such regulation, it becomes
necessary to deprive such owners of whatever lands
they may own in excess of the maximum area allowed,
there is definitely a taking under the power of eminent
domain for which payment of just compensation is
imperative. The taking contemplated is not a mere
limitation of the use of the land. What is required is the
surrender of the title to and the physical possession of
the said excess and all beneficial rights accruing to the
owner in favor of the farmer-beneficiary.
Lozano vs. Martinez
- A financial document may be an example of a lawful
subject
- BP 22 intends to preserve the integrity of commercial
documents
- An act may not be considered by society as inherently
wrong, hence, not malum in se, but because of the
harm that it inflicts on the community, it can be
outlawed and criminally punished as malum
prohibitum. The state can do this in the exercise of its
police power.
- The harmful practice of putting valueless commercial
papers in circulation, multiplied a thousand fold, can
very well pollute the channels of trade and commerce,
injure the banking system and eventually hurt the
welfare of society and the public interest.
Department of Education, Culture and Sports vs. San Diego
- The choice of profession can be a valid/lawful subject
of police power.
- It is the right and indeed the responsibility of the State
to insure that the medical profession is not infiltrated by
incompetents to whom patients may unwarily entrust
their lives and health.
- Test of reasonability
(1) Lawful means: The means employed are
reasonably necessary for the accomplishment of
the purpose and not unduly oppressive upon
individuals.
(2) Lawful purpose: The interests of the public,
generally, as distinguished from those of a
particular class, require such interference
Ynot vs. Intermediate Appellate Court
- There must be a reasonable connection between the
means employed and the purpose sought to be
achieved
- EO 626-A’s ban on the movement of carabaos is not
an example of a lawful mean. It is unduly oppressive
upon individuals.
City Government of Quezon City vs. Ericta
- If the regulation goes too far, it amounts to taking.
- Taking:
a) Police power: destruction
b) Eminent domain: public use
- The power to regulate does not include the power to
confiscate. The ordinance in question not only
confiscates but also prohibits the operation of a
memorial park cemetery
DANIEL, ZEN | SBCA-SOL 1A
- If he is deprived of his property outright, it is not taken
for public use but rather to destroy in order to promote
the general welfare. In police power, the owner does
not recover from the government for injury sustained in
consequence thereof.
- The ordinance is actually a taking without
compensation of a certain area from a private cemetery
to benefit paupers who are charges of the municipal
corporation.
Manila Memorial Park vs. Secretary of DSWD
- Grant of 20% discount is like a price control mechanism
under the Price Control Act; the 5% discount is a self-
imposed law
- The Senior Citizens Act was enacted primarily to
maximize the contribution of senior citizens to nation-
building, and to grant benefits and privileges to them
for their improvement and well-being as the State
considers them an integral part of our society.
- As a form of reimbursement, the law provides that
business establishments extending the twenty percent
discount to senior citizens may claim the discount as a
tax deduction. The law is a legitimate exercise of police
power which, similar to the power of eminent domain,
has general welfare for its object.
<POWER OF EMINENT DOMAIN>
What is Eminent Domain?
- Right of the state to take private property for public use
upon observance of due process of law and paying for
the owner a just compensation to be ascertained
according to law.
- Based on political necessity
- Expropriation is the exercise of eminent domain
Who may exercise this power?
1. The Congress
2. The President
3. The local legislative bodies
4. Certain public corporations (e.g. Land Authority and the
MWSS)
5. Quasi-public corporations (e.g. PLDT and Meralco)
City of Manila vs. Chinese Community of Manila
- Necessity of expropriation is a justiceable question
when the power is exercised by a delegate
- The right of expropriation is not an inherent power in a
municipal corporation, and before it can exercise the
right some law must exist conferring the power upon it.
a) (a) that a law or authority exists for the
exercise of the right of eminent domain, but

b) (b) the right or authority is being exercised in
accordance with the law.
- The general power to exercise the right of eminent
domain must not be confused with the right to exercise
it in a particular case
- The right to take private property for public use
originates in the necessity
Republic vs. Philippine Long Distance Telephone Co.
- Services may be expropriated since they are private
properties
- Persons and entities may not be compelled to enter
into a contract with the government but the latter may
exercise the power of eminent domain to impose
burden on a property without actual taking
People vs. Fajardo
4
 - Regulation of property which forever deprives the
owner of the beneficial use thereof cannot be sustained
under the exercise of police power
- The State may not, under the guise of police power,
permanently divest owners of the beneficial use of their
property and practically confiscate them solely to
preserve or assure the aesthetic appearance of the
community.
Republic vs. Vda. De Castellvi
- Elements of taking: (PUMPO)
a) First, the expropriator must enter a private
property.
b) Second, the entrance into private property
must be for more than a momentary period.
c) Third, the entry into the property should be
under warrant or color of legal authority.
 by public
d) Fourth, the property must be devoted to a
public use or otherwise informally
appropriated or injuriously affected.
e) Fifth, the utilization of the property for public
use must be in such a way as to oust the
owner and deprive him of all beneficial
enjoyment of the property.
- The court may be excused from appointing
commissioners when parties agree upon the just
compensation.
- Just compensation is determined from the time of filing
the complaint (See Rule 67).
- Expropriation proceedings are to be resorted to only
when the other modes of acquisition have been
exhausted - to safeguard the right of owners of private
property.
- RA 7279 Urban Development and Housing Act:
Priorities in acquisition of land:
1. Owned by Government or any of its
subdivisions, instrumentalities, or agencies,
including GOCCs
2. Alienable lands of public domain
3. Unregistered or abandoned and idle lands
4. Those within the declared areas for priority
development, zonal improvement sites, and
slum improvement and resettlement program
which have not yet been acquired
5. Bagong Lipunan Improvement of Sites and
Services
6. Privately-owned lands
Amigable vs. Cuenca
- Immunity from suit cannot be used to evade payment
of just compensation
- Where the government takes away property from a
private landowner for public use without going through
the legal process of expropriation, the aggrieved party
may properly maintain a suit against the government
Philippine Press Institute vs. COMELEC
- Requirements for a lawful taking of private property
o Necessity of the taking
o Legal authority to effect the taking
Sumulong vs. Guerrero
- Concept of public use
o Whatever may be beneficially employed for
the general welfare
- Size of the property is not determinative of the proper
exercise of eminent domain
o Sumulong case abandoned the doctrine in
Guido vs. Rural Progress Administration
DANIEL, ZEN | SBCA-SOL 1A
which held that the test to be applied is the
area of the land
- Just compensation means the value of the property at
the time of the taking. It is a full and fair equivalent for
the loss sustained.
- Various factors can come into play in the valuation of
specific properties singled out for expropriation
- Tax values can serve as guides but cannot be absolute
substitutes for just compensation. To say that the
owners are estopped to question the valuations made
by assessors since they had the opportunity to protest
is illusory.
Manosca vs. Court of Appeals
- Public use is one which confers some benefit or
advantage to the public; it is not confined to actual use
- It is measured in terms of right of public to use
proposed facilities for which condemnation is sought
and, as long as public has right of use, a “public
advantage/benefit” accrues sufficient to constitute
public use.
- Each and every member of society need not be equally
interested in such use, or be personally and directly
affected by it.
- Public usefulness, utility, or advantage, or what is
productive of general benefit
EPZA vs. Dulay
- Determination of just compensation is a power that
belongs to the court
o Owner has the opportunity to prove that the
valuation in tax documents is unfair or wrong
Municipality of Parañaque vs. V.M. Realty Corp.
- Requisites for valid exercise of eminent domain by
Local Government Units (OPJO)
o An ordinance is enacted by the local
legislative council authorizing the local chief
executive, in behalf of the LGU, to exercise
the power of eminent domain or pursue
expropriation proceedings over a particular
private property.
o The power of eminent domain is exercised for
public use, purpose or welfare, or for the
benefit of the poor and the landless.
o There is payment of just compensation, as
required under Section 9, Article III of the
Constitution, and other pertinent laws.
o A valid and definite offer has been previously
made to the owner of the property sought to
be expropriated, but said offer was not
accepted.
- An ordinance is not synonymous to resolution because
a resolution is a mere declaration of sentiment or
opinion of a lawmaking body, it is temporary
Republic vs. Lim
- General rule: Title to the property expropriated shall
pass from the owner to the expropriator only upon full
payment of just compensation. non-payment of just
compensation does not entitle the private landowner to
recover possession of the expropriated lots
o Exception in this case: Where the government
failed to pay just compensation in 5 years
from the finality of the judgment in the
proceedings (in keeping with justice and
equity)
5

<Rule 67, Revised Rules of Court>
Section 1. The complaint
- File a verified complaint stating
a) Right & purpose of expropriation
b) Real property sought to be expropriated
c) Persons occupying/owning (defendants)
Section 2. Entry of plaintiff upon depositing value with authorized
government depositary
- After filing and notice, plaintiff shall have the right to
take or enter upon the possession of real property if he
deposits an amount equivalent to the assessed value
of the property
- In money
Section 3. Defenses
- No objection: file and serve notice of appearance and
a manifestation
- Has objection: serve answer in the summons
Section 4. Order of expropriation
- The court may issue an order of expropriation
Section 5. Ascertainment of compensation
- Court shall appoint not more than 3 competent and
disinterested persons as commissioners to ascertain
and report to the court the just compensation for the
property sought to be taken
Section 6. Proceedings by commissioners
- Just Compensation = Fair Market Value +
(Consequential Damages – Benefits)
- In no case shall the consequential benefits assessed
exceed the consequential damages assessed, or the
owner be deprived of the actual value of his property
taken.
Section 7. Report by commissioners and judgment thereupon
- The commissioners shall make a full and accurate
report to the court of all their proceedings, and such
proceedings shall not be effectual until the court shall
have accepted their report and rendered judgment in
accordance with their recommendations.
2. Local legislative bodies as delegated
3. To a limited extent, the President when granted
delegated tariff powers
Sison vs. Ancheta
- Due process: a limit on taxing power, may be invoked
where a taxing statute is so arbitrary that it finds no
support in the Constitution
- Equal protection: a limit on taxing power, laws operate
equally and uniformly on all persons under similar
circumstances, both in the privileges conferred and the
liabilities imposed. All taxable articles or kinds of
property of the same class shall be taxed the same rate
Pascual vs. Secretary of Public Works
- Public money may only be appropriated for public
purpose and not for the advantage of private
individuals
- The right of the legislature to appropriate funds is
correlative with its right to tax
- The validity of the appropriation is determined under
the circumstances prevailing at the time of
appropriation and not on subsequent events
- Tax for special purpose: Treated as a special fund
and paid out for such purpose only; when purpose is
fulfilled, the balance, if any shall be transferred to the
general funds of the Government. [Sec. 29 (3), Art. VI]
Punsalan vs. Municipal Board of Manila
- Double taxation happens when additional taxes are laid
on the same subject by the same taxing jurisdiction
during the same taxing period and for the same
purpose.
- Double taxation is not prohibited under the Constitution
unless it is unduly oppressive and violates the equal
protection clause
License fee Tax
Taxation power: to
Police power: to regulate
Basis

raise revenue
Section 8. Action upon commissioner’s report
- Court may accept the report and render judgment in
accordance therewith or recommit the same to the Amount is limited to: (a)
commissioners for further report of facts, or it may set cost of permit and (b)
aside the report and appoint new commissioners reasonable police
regulation
<POWER OF TAXATION> Exception: When the Rate or amount to
What is Taxation? license fee is imposed on a be collected is
- Taxation is the power inherent in sovereignty to raise non- useful/beneficial unlimited,
revenue to defray the necessary expenses of occupation, such as the provided not
government, that is, for any public purpose. practice of hygienic and confiscatory
What are Taxes? aesthetic massage, the fee
Limitation

may be large without being

- Are enforced proportional contributions from persons a tax. [Physical Therapy
and property, levied by the state by virtue of its
Organization v. Municipal
sovereignty for the support of the government and for
Board of Manila (1957)]
all its public needs
Does the power to tax include the power to destroy? Paid for the privilege of
- The power to tax includes the power to destroy if it is doing something and may Persons or
Object

used validly as an implement of the police power in be revoked when public property
discouraging and in effect, ultimately prohibiting certain interest so requires
things or enterprises inimical to the public welfare. X x
x But where the power to tax is used solely for the
Effect of

purpose of raising revenues, the modern view is that it

Payment

cannot be allowed to confiscate or destroy. Business does not

Business becomes illegal
become illegal
Non-

Who may exercise this power?

1. The legislature

DANIEL, ZEN | SBCA-SOL 1A 6

 (5) Exercised primarily by the legislature
Lladoc vs. Commissioner of Internal Revenue Differences
- The tax exemption under Section 28(3), Art. 6, applies
only to real property tax and not to excise taxes Eminent
Police Power Taxation
- This provision exempts from taxation: Domain
a) Cemeteries, churches, parsonages or None (The
convents Just protection
b) All lands, buildings, improvements used None (The compensatio given and

Compensation
exclusively for religious purposes altruistic feeling n (Full and public
- Donee’s gift tax: the assessment was not on the that one has fair improvement
properties themselves but an excise upon the use contributed to equivalent of s instituted
made of the properties, upon the exercise of the public good) the property by the State
privilege of receiving the properties taken) because of
- The phrase “exempt from taxation” should not be these taxes)
interpreted to mean exemption from all kinds of taxes Use taxing
Abra Valley College vs. Aquino power as in
- Exemption extends to uses which are incidental to the implement
main purposes for the
- The exemption in favor of property used exclusively for

Use of Property
Appropriated attainment of
charitable or educational purposes is not limited to Not appropriated
for public a legitimate
property actually indispensable therefor but extends to for public use
use police
facilities incidental to and reasonably necessary for the objective – to
accomplishment of said purposes regulate a
- The test of exemption from taxation is the USE of the business or
property trade
Property
<REQUISITES FOR VALID EXERCISE> taken for Earn
Promote general

Objective
POLICE POWER public use; it revenue for
welfare of the
Tests for Validity of Exercise of Police Power is not the
people
(1) Lawful Subject: Interest of the general public (as necessarily government
distinguished from a particular class required noxious
exercise). This means that the activity or property
Coverage

sought to be regulated affects the general welfare.

(2) Lawful Means: Means employed are reasonably Liberty and Property Property
necessary for the accomplishment of the purpose, and Property rights only rights only
are not unduly oppressive. [Planters Products v.
Fertiphil Corp. (2008)]
EMINENT DOMAIN To regulate and
To devote
Purpose

Requisites: (PPCDJ)
Primary

promote general To raise

a) Private property property to
comfort, health, revenue
b) The taking must be within the constitutional sense public use
and prosperity
c) For public use
d) Payment of just compensation May be
of

e) Due process exercised by

TAXATION private
Only by the Only by the
Exercise

Equal protection clause: Taxes should be (a) uniform (persons entities

government government
Power

or things belonging to the same class shall be taxed at the same when right is
rate) and (b) equitable (taxes should be apportioned among the conferred by
people according to their ability to pay) law
Progressive system of taxation: The rate increases as the tax
base increases, with social justice as basis. (Taxation here is an Self-preservation
instrument for a more equitable distribution of wealth.) Lifeblood
and self-
Basis

Delegated tax legislation: Congress may delegate law-making theory

protection
authority when the Constitution itself specifically authorizes it.

<SIMILARITIES AND DIFFERENCES

OF INHERENT POWERS>
Similarities [Nachura]
(1) Inherent in the State (Exercised even without need of
express constitutional grant)
(2) Necessary and indispensable (State cannot be
effective without them)
(3) Method by which state interferes with private property
(4) Presuppose equivalent compensation
<BILL OF RIGHTS>
What is the Bill of Rights?
- It is a declaration and enumeration of a person's
fundamental civil and political rights. It also imposes
safeguards against violations by the government, by
individuals, or by groups of individuals.
- “The Bill of Rights governs the relationship between the
individual and the state. Its concern is not the relation

DANIEL, ZEN | SBCA-SOL 1A 7

 between individuals, between a private individual and
other individuals. What the Bill of Rights does is to
declare some forbidden zones in the private sphere
inaccessible to any power holder.” [People v. Marti
(1991)]
- It is self-executing. [See Gamboa v. Teves (2011)
- Human rights have a primacy over property rights.
- Article III contains the chief protection for human rights
but the body of the Constitution guarantees other rights
as well.
(1) Civil rights – rights that belong to an
individual by virtue of his citizenship in a state
or community (e.g. rights to property,
marriage, freedom to contract, equal
protection, etc.)
(2) Political rights – rights that pertain to an
individual’s citizenship vis-à-vis the
management of the government (e.g. right of
suffrage, right to petition government for
redress, right to hold public office, etc.)
(3) Social and economic rights – rights which
are intended to insure the well-being and
economic security of the individual
(4) Rights of the accused – civil rights intended
for the protection of a person accused of any
crime
<DUE PROCESS OF LAW>
Art. 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 the laws.
What is Due Process?
- It is responsiveness to the supremacy of reason,
obedience to the dictates of justice. Negatively put,
arbitrariness is ruled out and unfairness avoided. xxx
Correctly it has been identified as freedom from
arbitrariness.
- It is the embodiment of the sporting idea of fair play.
- A law hears before it condemns, which proceeds upon
inquiry and renders judgment only after trial.
[Darthmouth College v. Woodward, 4 Wheaton 518]
a) Life is also the right to a good life. [Bernas] It
includes the right of an individual to his body
in its completeness, free from
dismemberment, and extends to the use of
God-given faculties which make life
enjoyable. [Malcolm]
b) Liberty “includes the right to exist and the
right to be free from arbitrary personal
restraint or servitude. [It] includes the right of
the citizen to be free to use his faculties in all
lawful ways[.]” [Rubi v. Provincial Board]
c) Property is anything that can come under the
right of ownership and be the subject of
contract. It represents more than the things a
person owns; it includes the right to secure,
use and dispose of them. [Torraco v.
Thompson, 263 US 197]
What are the two kinds of due process?
1) Procedural Due Process – that aspect of due process
which serves as a restriction on actions of judicial and
quasi-judicial agencies of the government. It refers to
the method or manner by which a law is enforced.
DANIEL, ZEN | SBCA-SOL 1A
- Concerned with government action on established
process when it makes intrusion into the private
sphere.
2) Substantive due process is an aspect of due process
which serves as a restriction on the law-making and
rule-making power of the government.
- The law itself, not merely the procedures by which the
law would be enforced, should be fair, reasonable, and
just.
- It guarantees against the arbitrary power even when
exercised according to proper forms and procedure.
Requisites: (LOMM)
a) There shall be a law upon which it is based;
b) The law must have been passed or approved to
accomplish a valid government objective;
c) The objective must be pursued in a lawful manner;
d) The law as well as the means to accomplish the
objective must be valid and not oppressive
Ichong vs. Hernandez
- The inherent powers of the government and the
guarantees of due process and equal protection must
coexist.
- Balancing is the essence.
- There can be no absolute power, whoever exercises it,
for that would be tyranny. Yet there can neither be
absolute liberty, for that would mean license and
anarchy.
- The test or standard is reason.
Philippine Phosphate Fertilizer Corp. vs. Torres
- The right to hearing as an element of due process does
not call for a trial type hearing
- The essence of due process is simply an opportunity to
be heard or, as applied to administrative proceedings,
an opportunity to explain one's side or an opportunity
to seek a reconsideration of the action or ruling
complained of.
Ynot vs. Intermediate Appellate Court
- The concept of due process was not given exact
definition for resiliency – for flexibility
- To make it adapt easily to every situation, enlarging or
constricting its protection as the changing times and
circumstances may require
- So as not to confine the court in a legal straitjacket that
will deprive them of elbow room
- Minimum requirements of due process
(indispensable)
a) NOTICE
b) HEARING
- Exception?
(1) The conclusive presumption, bars the admission of
contrary evidence as long as such presumption is
based on human experience or there is a rational
connection between the fact proved and the fact
ultimately presumed there from.
(2) There are instances when the need for expeditious
action will justify omission of these requisites—e.g. in
the summary abatement of a nuisance per se, like
a mad dog on the loose, which may be killed on sight
because of the immediate danger it poses to the safety
and lives of the people.
(3) Pornographic materials, contaminated meat and
narcotic drugs are inherently pernicious and may be
summarily destroyed.
8
 (4) The passport of a person sought for a criminal
offense may be cancelled without hearing, to compel
his return to the country he has fled.
(5) Filthy restaurants may be summarily padlocked in the
interest of the public health and bawdy houses to
protect the public morals. [Ynot v. IAC (1987)]
In such instances, previous judicial hearing may be omitted
without violation of due process in view of: 1) the nature of the
property involved; or 2) the urgency of the need to protect the
general welfare from a clear and present danger.
Alonte vs. Savellano
- Indispensable elements of criminal due process
a. An impartial court of tribunal clothed with
judicial power to hear and determine the
matter before it.
b. Jurisdiction must be lawfully acquired over
the person of the defendant and over the
property subject matter of the proceeding
a) Note: Notice is an essential element of due
process, otherwise the Court will not acquire
jurisdiction and its judgment will not bind the
defendant.
b) To be meaningful, it must be both as to time
and place.
c. The defendant must be given an opportunity to be
heard
o Due process is satisfied as long as the party
is accorded the opportunity to be heard. If it is
not availed of, it is deemed waived or forfeited
without violating the constitutional guarantee.
[Phil. Phosphate vs. Torres]
o The SC reiterated that the right to appeal is
not a natural right nor part of due process; it
is merely a statutory privilege, and may be
exercised only in the manner and in
accordance with the provisions of law.
d. Judgment must be rendered upon lawful hearing and
must clearly explain its factual and legal bases
Aniag vs. COMELEC mind accept as adequate to support a conclusion).
- The right to a preliminary investigation, although
does not emanate from the Constitution is an essential
element of due process
- Statutory right but still a component part of due process
Void for Vagueness Overbreadth
An act is vague when it lacks A governmental purpose
comprehensible standards may not be achieved by
that men of common means which sweep
intelligence must necessarily unnecessarily broadly and
guess at its common thereby invade the area of
meaning and differ as to its protected freedoms.
application.
General rule: Void-for-vagueness and overbreadth are
inapplicable to penal statutes. (Rationale: statutes have a
general in terrorem effect, which is to discourage citizens from
committing the prohibited acts.)
Exception: Said doctrines apply to penal statutes when
(1) The statute is challenged as applied; or
(2) The statute involves free speech (Rationale:
Statute may be facially challenged in order to counter
the “chilling effect” of the same.)
DANIEL, ZEN | SBCA-SOL 1A
Spouses Romualdez vs. COMELEC
- An “on-its-face” invalidation of criminal statutes would
result in a mass acquittal of parties whose cases may
not have even reached the courts.
- Such invalidation would constitute a departure from the
usual requirement of “actual case or controversy” and
permit decisions to be made in a sterile abstract
context having no factual concreteness.
- Generally-disfavored is an on-its-face invalidation of
statutes and is employed sparingly and as last resort.
As-applied Facial Challenge
(on its face)
Considers only extant An examination of the entire law,
facts affecting real pinpointing its flaws and defects,
litigants not only on the basis of its actual
operation to the parties, but also
on the assumption or prediction
that its very existence may cause
others not before the court to
refrain from constitutionally
protected speech or activities
Philippine Communications Satellite Corp. vs. Alcuaz
- Rate-fixing power exercised in quasi-judicial manner
requires prior notice and hearing
a) Judicial/Quasi-judicial: notice and hearing
required
b) Legislative/administrative/executive: not
required
Ang Tibay vs. Court of Industrial Relations
- Requisites of administrative due process
(1) Right to a hearing to present own case and submit
evidence in support thereof.
(2) Tribunal must consider the evidence presented.
(3) Decision rendered must have support.
(4) Evidence which supports the finding or conclusion is
substantial (such relevant evidence as a reasonable
(5) The decision must be rendered on the evidence
presented at the hearing, or at least contained in the
record and disclosed to the parties affected.
(6) The tribunal or any of its judges, must act on its or his
own independent consideration of the law and facts of
the controversy, and not simply accept the views of a
subordinate in arriving at a decision.
(7) The tribunal should, in all controversial questions,
render its decision in such a manner that the parties to
the proceeding can know the various issues
involved, and the reasons for the decision
rendered.
Ateneo de Manila vs. Capulong
- Requisites in Academic Disciplinary Proceedings
(a) The students must be informed in
writing of the nature and cause of any
accusation against them;
(b) They shall have the right to answer the
charges against them, with the
assistance of counsel, if desired;
(c) They shall be informed of the evidence
against them;
(d) They shall have the right to adduce
evidence in their own behalf;
(e) The evidence must be duly considered
by the investigating committee or official
9
 designated by the school authorities to
hear and decide the case
- Right to cross-examination is not included in the
guarantee of due process
a) Administrative proceeding is summary in
nature
Southern Hemisphere Engagement Network, Inc. vs. Anti-
Terrorism Council
- Requisites for judicial review
a) There must be an actual case or
controversy
b) Petitioners must possess locus standi
§ Personally suffered some actual or
threatened injury as a result of the
allegedly illegal conduct of the
government
§ The injury is fairly traceable to the
challenged action
§ The injury is likely to be redressed by
a favorable action
c) The question of constitutionality must be
raised at the earliest opportunity
d) The issue of constitutionality must be the
lis mota of the case
- If a facial challenge to a penal statute is permitted, the
prosecution of crimes may be hampered. No
prosecution would be possible.
<EQUAL PROTECTION OF THE LAWS>
Art. 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 the laws.
What is Equal Protection?
- Equal protection requires that all persons or things
similarly situated should be treated alike, both as to
rights conferred and responsibilities imposed.
- Similar subjects, in other words, should not be treated
differently, so as to give undue favor to some and
unjustly discriminate against others.
- 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. The
guarantee means that no person or class of persons
shall be denied the same protection of laws which is
enjoyed by other persons or other classes in like
circumstances.
Scope of Equal Protection
Natural and juridical persons (the equal protection clause
extends to artificial persons but only insofar as their property is
concerned.)
(1) A corporation as an artificial person is protected
under the Bill of Rights against denial of due process,
and it enjoys the equal protection of the law. [Smith,
Bell and Co., v. Natividad (1919)]
(2) A corporation is also protected against
unreasonable searches and seizures. [See Stonehill v.
Diokno (1967)]
(3) It can only be proceeded against by due process of
law, and is protected against unlawful discrimination.
[Bache and Co. v. Ruiz (1971)]
Presumption of Validity
DANIEL, ZEN | SBCA-SOL 1A
- All classifications made by law are generally presumed
to be valid unless shown otherwise by petitioner.
[Lacson v. Executive Secretary (1999)]
People vs. Vera
- Requisites for valid classification
a) Must be based on substantial distinctions
which make real differences
b) Must be germane to the purposes of the law
c) Must not be limited to existing conditions only
d) Must apply equally to each members of the
class
- A law may appear to be fair on its face and impartial in
appearance yet, if it permits of unjust and illegal
discrimination, it is unconstitutional (look at the effect)
- No difference between a law which denies equal
protection and a law which permits such denial
Ichong vs. Hernandez
- Equal protection is against
a) Undue favor
b) Hostile discrimination
- It does not demand absolute equality but merely
requires that all persons shall be treated alike, under
like circumstances and conditions both as to privileges
conferred and liabilities enforced.
- Citizenship is a valid classification. The court finds that
the classification is actual, real, and reasonable.
Villegas vs. Hiu Chiong Tsai Pao Ho
- The Constitution does not prohibit classifications, but
classifications must be based on real and substantial
differences having a reasonable relation to the subject
of the particular legislation.
- Once an alien is admitted in the Philippine territory, he
cannot be deprived of life without due process of law.
- The shelter of protection under Art. III, Sec. 1 is given
to all persons, both aliens and citizens.
People vs. Cayat
- Requisites of Equal Protection
a) Must be based on substantial distinctions
which make real differences
b) Must be germane to the purposes of the law
c) Must not be limited to existing conditions only
d) Must apply equally to each members of the
class
- Not limited to existing conditions only
a) Stage of civilization is a valid classification –
for this was intended to meet the peculiar
conditions existing in the non-Christian tribes
b) Also to insure peace and order in and among
them
c) It applies equally to all members of the class
evident from perusal thereof
Dumlao vs. COMELEC
- Age is a valid classification in government service. The
purpose of the law is to allow the emergence of
younger blood in local governments.
- The equal protection clause does not forbid all legal
classification. What is proscribes is a classification
which is arbitrary and unreasonable.
Philippine Association of Service Exporters vs. Drilon
- Gender is a valid classification
a) The classification between male and female
workers is a matter of evidence – that women
domestic workers are being ill-treated abroad
in massive instances.
10
 - Profession is a valid classification can quash, delay or dismiss investigations against
a) “all female domestic overseas workers” them.
b) Circumstances must be taken into account Ormoc Sugar Co., Inc. vs. Treasurer of Ormoc City
c) The Constitution prohibits the singling out of a - The classification must not be limited to existing
select person or group of persons within an conditions only
existing class, to the prejudice of such a a) Should not be singular and exclusive as to
person or group or resulting in an unfair exclude any subsequently established sugar
advantage to another person or group of central
persons b) The classification, to be reasonable, should
Himagan vs. People be in terms applicable to future conditions
- Police officers may be distinguished from other civil
servants without violating equal protection
a) Why? Policemen carry weapons and the
badge of law which can be abused
- The equal protection clause does not absolutely forbid
classifications if it is based on real and substantial
differences
Quinto vs. COMELEC
- Substantial distinctions exist between
a) Elective officials: elected for a definite term
and may be removed only upon stringent
conditions; allowed to take part in political and
electoral activities
b) Appointive officials: hold office by virtue of
designation by an appointing authority;
prohibited from exercising partisan political
activity and take part in any election
Biraogo vs. The Philippine Truth Commission
- The classification must apply equally to all members of
the same class
a) Such a classification must not be based on
existing circumstances only, or so constituted
as to preclude additions to the number
included within a class, but must be of such a
nature as to embrace all those who may
thereafter be in similar circumstances and
conditions.
b) The Arroyo administration is but just a
member of a class, it is not a class of its own
c) Not to include other administrations violates
the equal protection clause
- Under-inclusiveness is not a valid reason to strike
down a law. A regulation challenged under the EPC is
not devoid of a rational predicate simply because it
happens to be incomplete.
- The equal protection clause is aimed at all official state
actions, not just those of the legislature. Its inhibitions
cover all the departments of the government including
the political and executive departments, and extend to
all actions of a state denying equal protection of the
laws, through whatever agency or whatever guise is
taken.
Almonte vs. Vazquez
- Acceptance of unsigned complaints against
government officials does not amount to unjust
discrimination
- Allowing the Ombudsman to start an investigation
based on an anonymous letter does not violate the
equal protection clause.
- The Office of the Ombudsman is different from other
investigatory and prosecutory agencies of government
because those subject to its jurisdiction are public
officials who, through official pressure and influence,

DANIEL, ZEN | SBCA-SOL 1A 11