consti reviewer powers of the staate

8/12/2019 Consti Reviewer Powers of the Staate

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I. THE INHERENT POWERS OF THE STATE1. Police Power2. Power of Eminent Domain3. Power of Taxation They are inherent powers because they belong to the veryessence ofgovernment and without them no government can exist.

Similarities, Distinctions, and LimitationSimilarities:(INPCL)

they are inherentin the State they are necessaryand indispensable they are methods by which the State interferes with privaterights they presuppose an equivalent compensation they are exercised primarily by the legislature

Differences

Limitations:(a) Bill of Rights(b) Constitution

A. POLICE POWERPolice Power is an inherent power of the State to promotethe welfare of society by restraining and regulating the use ofliberty and property.

Justification of existence: Salus populi est suprema lex the welfare of the people isthe supreme law; Sic utere tuo ut alienum non laedas a person must use hisown property so as not to injure another

Scope:(a) cannot be bargained away through the medium of a treaty orcontract(Stone v Mississippi)( Inchong vs. Hernandez)(b) may use taxing power as its implement (Tio vs VideogramRegulatoryBoard)(c) may use eminent domain as its implement (Assoc. of SmallLandownersvs Sec. of Agrarian Reform)

(d) could be given retroactive effect and may reasonably impairvested rights or contracts (police power prevails over contract)(e) dynamic, not static, and must move with the moving societyit is supposed to regulate

Who may exercise Police Power?(a) the Legislature (inherent)(b) President (by delegation)(c) administrative boards (by delegation)(d) lawmaking bodies on all municipal levels, including barangay

(by delegation)(e) Municipal governments / LGU's (conferred by statute general welfare clause of RA 7160) Not being a political subdivision but merely an executiveauthority it has no police power. (MMDA v. Bel-Air VillageAssoc.)

Tests (Limitations):(a) Lawful subject interests of the public generally, asdistinguished from those of a particular class, require theexercise of police power(b) Lawful means the means employed are reasonablynecessary for the accomplishment of the purpose and not unduly

oppressive upon individualsAdditional limitations (when exercised by delegate)[Nachura Reviewer]: express grant by law (e.g. RA 7160) within territorial limits (for LGU's) must not be contrary to law (City Government of Quezon City v

Ericta) for municipal ordinances -1. must not contravene the Constitution or any statute2. must not be unfair and oppressive3. must not be partial and discriminatory4. must not prohibit, but may regulate, trade5. must not be unreasonable6. must be general in application and consistent with public

policy In Ermita-Malate Hotel and Motel Operators AssociationInc. v. Mayor of Manila, police power has been characterizedas the most essential, insistent and least limitable of powersextending as it does to all greatpublic needs.[T}he mere fact that some individuals in the community maybe deprived of their business or a particular mode of earning aliving cannot prevent the exercise of police power. .. [P]ersonlicensed to pursue occupationswhich may in the public need andinterest be affected by the exercise of the police power embarkin these occupations subject to the disadvantages which mayresult from the exercise of that power. Government can take away a license and increase the cost oflicense fees even to prohibitive levels, if public interest dictatesso, without any constitutional violations.Licenses for regulating non-useful occupation are incidental tothe exercise of police power and the right to exact fees is may beimplied from that power to regulate. In setting the feesmunicipal corporations are given wider discretion in this class olicenses (than for licenses issued to regular business). Courtshave generally upheld these because of the desirability oimposing restraints on individuals who engage in these uselessenterprises. In Ynot v. IAC, the Court here ruled that the ban ontransportation of

REPC Police powerEminentDomain Taxation

as toregulation

both liberty andproperty

regulatesproperty rightsonly

regulatespropertyrights only

as towho mayexercise

only thegovernment

governmentand someprivate entities

only thegovernment

as to thepropertytaken

destroyed becauseit is noxious orintended fornoxious purposes

wholesometaken for apublic use orpurpose

wholesometaken for apublic use orpurpose

As tocompensation

intangible altruisticfeeling that the

person hascontributed to thegeneral welfare

full and fair

equivalent ofthe propertyexpropriated

protectionand public

improvements for thetaxes


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carabao under the assailed ordinance and their outrightconfiscation and disposal without court hearing is a violation ofdue process hence it is an invalid exercise of police power.The court adopted the measures laid down in the Toribio caseProtection general welfare is a function of police power whichboth restrains and is restrained by due process, which requiresnotice and hearingCase emphasized the need to have a lawful method to followdue process requirementReasons why ordinance is invalid are:

No reasonable connection between means employed (absoluteban on movement of carabeef) and purpose sought to beachieved (conservation of carabao for general welfare) Unduly oppressive since petition not given due process oropportunity to be heard in proper court

B. EMINENT DOMAINEminent Domainis the use of the government of its coerciveauthority, upon just compensation, to forcibly acquire theneeded property in order to devote the same to public use.Eminent domain is also known as expropriation, orcondemnation.

Who may Exercise?1. The Congress (inherent)2. President3. various local legislative bodies4. certain public corporations (e.g. National Housing Authority)5. Quasi-public corporations (e.g. PLDT)

Eminent Domain Distinguished from Destruction fromNecessityEminent Domain Destruction from Necessity

public right arises from the laws ofsociety and is vested inthestate or grantee, actingunder the right andpower ofthe state or benefit of thestate

private right vested in everyindividual with which the right ofstate or state necessity has nothingto do comes under the right ofnecessity,of self-preservation arises under the laws of society orsociety itself cannot require the conversion oftheproperty taken to public use, nor isthere any need for the payment ofjust compensation

The Regional Trial Court (RTC) has the jurisdiction over a

complaint for eminent domain.Requisites of Eminent Domain:1. Necessity of exercise2. Private property3. Taking4. Public use5. Just compensation

1. Necessity of Exercise genuine necessity, and must be of public characterWhen exercised by legislaturepolitical questionWhen exercised by a delegatejusticiable question

determine the: (a) adequacy of compensation; (b) necessity oftaking; and (c) public use character

2. Private Property General Rule: anything that can come under the dominion oman is subject to expropriation Exceptions: money and chose in action (personal right noreduced intopossession, but recoverable by a suit at law, a right to receive,demand or recover a debt, damage on a cause of action ex

contractu or for a tort or omission of duty. Private property already devoted to public use cannot beexpropriated by a delegate acting under a general grant of authority(City of Manila vsChinese Community)Property already devoted to public use is still subject toexpropriation provided this is done directly by the nationalegislature or under a specific grant of authority to the delegate.

3. Taking- may include trespass without actual eviction of theowner, material impairment of the value of the property orprevention of the ordinary uses for which the property wasintended.Ex. Farmland inundated, government planes, prohibition of

residential bldg. to plaza

Requisites (Republic vs Castellvi):(a) expropriator must enter a private property(b) entry must be for more than a momentary period(c) entry must be under the warrant or color of legal authority(d) the property must be devoted for public use or otherwiseinformally appropriated or injuriously affected.(e) the owner is deprived of enjoying his property

if taking is under police power, it is not compensable

Police Power Eminent Domain

the prejudice suffered by theindividual property owner isshared in common with therest of the community

the individual suffers more thanhis aliquot part of the damages,i.e. a special injury above thatsustained by the rest of thecommunity

In Amigable v. Cuenca, where there is taking in theconstitutional sense, the property owner need not file a claim forjust compensation with the Commission of Audit; he may godirectly to the court to demand payment.Arbitrary action of the government shall be deemed a waiver ofits immunity from suit. In City Government v. Ericta, an ordinance of Quezon Cityunder the guise of exercising police power, prescribed that at

least 6% of the total area of memorial parks must be developedand set aside for the burial of paupers. The Court held that suchordinance is not an exercise of police power but the taking ofprivate property for public use. Hence, to satisfy theConstitution, there must be compensation.

4. Public Use-Public use is whatever may be beneficially employed for thegeneral welfare, including both direct or indirect benefit oradvantage to the public In Heirs of Ardona v. Reyes, the Court held that theConstitution understand public use in a broad sense as meaningpublic welfare. That includes development of tourism.


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5. Just CompensationJust compensationis fair and full of the property taken fromthe private owner by the expropriator to be paid within areasonable time.

To ascertain just compensation:1. actual or basic value of the property2. Where only part of the property is expropriated: thereshould be added to the basic value the owners consequential

damages after deducting therefrom the consequential benefitsarising from the expropriation.Payment of the correct amount + Payment within a reasonabletime

Forms of Compensation: Money (However, inAssoc. of SmallLandowners vs Sec. of Agrarian Reform, payment is allowed to bemadepartly in bonds because it deals with a revolutionary kindof expropriation).Transfer of Title: payment of just compensation before title istransferred. Reckoning point of market value of property: either as ofthe date of taking or filing of the complaint, whichever comes

first Entitlement of interest:General Rule: when there is delay, there must be interest byway of damages (Art. 2209, CC)Exception:when waived by not claiming the interest Payment of Taxes : taxes paid from the time of the takinguntil the transfer of the title, during which the owner did notenjoy any beneficial use of the property, are reimbursable by theexpropriator. Right of the landowner in case of non-payment:General Rule: landowner is not entitled to recover possessionof the property, but only to demand payment Exception: when the government failed to pay justcompensation within 5 years from the finality of judgment in

expropriation proceedings, there is a right to recover property

C. POWER OF TAXATIONTaxes-are enforced proportional contributions from personsand property, levied by the State, by virtue of its sovereignty, forthe support of the government, and for all public needsPower of Taxation is a method by which contributions areexacted from persons and property for the support ofgovernment and for all public needs. Obligation to pay taxes is a dutyScope all income earned in the taxing state, whether by citizens oraliens, and all immovable and tangible personal properties foundin its territory, as well as tangible personal property owned bypersons domiciled thereinPower to Tax Includes Power to Destroy(1) when used validly as an implement of the police power indiscouraging and in effect ultimately prohibiting certain things orenterprises inimical to public welfare where the tax is used solely for the purpose of raising revenuesWho May Exercise1. Legislature / Congress (inherent)2. President (by delegation / tariff powers [Sec. 28 (2), Art. VI,Consti])3. local legislative bodies (conferred by direct authority [Sec. 5,Art. X,Consti])

Limitations of Taxation:1. Due Process of Law2. Equal Protection3. Public Purpose

1. Due Process Substantive : tax should not be confiscatory except when usedas an implement of police powerProcedural : due process does not require previous notice andhearing before a law prescribing specific taxes on specific article

may be enacted. However, where the tax to be collected is to bebased on the value of the taxable property, the taxpayer isentitled to be notified of the assessment proceedings and to beheard therein on the correct valuation of the property.2. Equal Protection embodied in Sec. 28 (1), Art. VI, 1987 Constitution (The ruleof taxation shall be uniform and equitable. The Congress shallevolve a progressive system of taxation.) Uniformity persons or things belonging to the same classshall be taxed at the same rateRequisites (Tan vs Del Rosario):(a) standards that are used are substantial and not arbitrary(b) categorization is germane to achieve the legislative purpose

(c) the law applies, all things being equal, to both present andfuture conditions(d) classification applies equally well to all those belonging to thesameEquitable taxationbased on the capacity to pay Equality in taxationtax shall be strictly proportional to therelative value of the property Progressive system of taxationthe rate increases as the taxbase increases3. Public Purpose whatever may be beneficially employed for the general welfare Double Taxation / Direct Duplicate Taxationwhen additional taxes are laid on the same subject by the sametaxing jurisdiction during the same taxing period and for the

same purpose.despite the lack of specific prohibition, double taxation will nobe allowed if it results in a violation of the equal protectionclause.Tax Exemptions may either be:constitutionalArt. Vi, Sec. 28 (3) : when lands, buildings and improvementsare actually, directly and exclusively for religious, charitable oreducational purposesentitled to exemptionstatutory- discretion of legislature

II. CIVIL AND POLITICAL RIGHTSBill of Rights set of prescriptions setting forth thefundamental civil and political rights of the individual, andimposing limitations on the powers of the government as ameans of securing the enjoyment of those rights.Significance of the Bill of RightsGovernment is powerful. When unlimited, it becomes tyrannicalThe Bill of Rights is a guarantee that there are certain areas of aperson's life, liberty, and property which governmental powermay not touch. Bill of Rights are generally self-implementing.Classification of Rights1. Political Rightsgranted by law to members of communityin relation to their direct or indirect participation in theestablishment or administration of the government;


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2. Civil Rightsrights which municipal law will enforce at theinstance of private individuals for the purpose of securing themthe enjoyment of their means of happiness;3. Social and Economic Rights; and,4. Human Rights.

consti reviewer powers of the staate

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