TERM MEANING

Inherent and plenary power of the state which enables it to prohibit all that is hurtful to
the comfort, safety and welfare of society. Specific coverage: public health, morals,
safety, welfare. May interfere with personal liberty and property in order to promote
general welfare. (Calalang v. Williams) Limitations: (1) express grant of law; (2)
limited within its territorial jurisdiction; (3) must not be contrary to law.
Police Power
Tests for validity of exercise of police power: (1) lawful subject-activity or property
sought to be regulated affects general welfare; (2) lawful means-means employed are
necessary for accomplishment of purpose and not unduly oppressive; (3) least
restrictions of individual rights-there's no other alternative for accomplishment of the
purpose less intrusive of private rights
Inherent right of the state to condemn private property to public use upon payment of
just compensation. Also known as the Power of Expropriation. Requisites: (1) private
Eminent Domain
property necessity for public use; (2) payment of just compensation; (3) undergone
due process
Elements: (1) expropriator must enter private property; (2) entrance for more than a
momentary period; (3) must be under warrant or color of legal authority; (4) for public
Taking
use; (5) utilization such that it ousts owner and deprives him of all beneficial use of
property (Republic v. Castelvi)
Enforced proportional contributions from persons and property, levied by the State by
virtue of its sovereignty, for the support of the government and for all public needs.
Purpose: (1) to raise revenue; (2) tool for regulation; (3) protection/power to keep
Taxation
alive. Limitations: (1) for general welfare/public purpose; (2) might be justified for
public purpose though beneficiaries are private individuals; (3) not confiscatory as to
be unconscionable; (4) taxes must be uniform and equitable
Equal protection clause for Taxes should be uniform (persons taxed at same rate) and equitable (taxes should be
taxation apportioned among people according to their ability to pay)
Rate increases as tax base increases, with basis as social justice. This is taxation as an
Progressive system of taxation
instrument for a more equitable distribution of wealth
Congress may delegate law-making authority when Constitution itself specifically
Delegated tax legislation
authorizes it
A declaration and enumeration of a person's fundamental civil and political rights.
Imposes safeguards against violations by the government, by individuals, by groups of
The Bill of Rights individuals. Declares some forbidden zones in the private sphere inaccessible to any
power holder. Purpose: (1) to preserve democratic ideals; (2) to safeguard fundamental
rights; (3) to promote happiness of individual
Belong to every citizen of the state, and are not connected with the organization and
Civil Rights
administration of the government
Political Rights Right to participate in establishment or administration of the government
Right of individual to his body in completeness, free from dismemberment, extends to
Life
the use of his God-given faculties which make life enjoyable
Right to exist, right to be free from arbitrary personal restraint or servitude, right to use
Liberty
faculties in all lawful ways
Property Anything that may come under the right of ownership
A law which hears before it condemns, which proceeds upon inquiry and renders
judgment only after trial.
Due Process of Law
The embodiment of the sporting idea of fair play.
'It is part of the sporting idea of fair play to hear the other side before an opinion is

Substantive Due Process
Procedural Due Process
Levels of Judicial Scrutiny (as
adopted in Phil. law)
Suspect Classification
Void for Vagueness
Void for Vagueness Doctrine
Due Process Requirements in
civil proceedings
Due Process Requirements In
Administrative Proceedings
Due Process Requirements In
Academic Disciplinary
Proceedings
Overbreadth Doctrine
formed or a decision is made by those who sit in judgment.' (Ynot v. IAC)
Minimum requirements: (1) notice; (2) opportunity to be heard; (3) to persons who
would be affected by the order or act contemplated
Aspect of Due Process that serves as a restriction on the government's law- and rule-
making powers. Asks whether the government has adequate reason for taking away a
person's life, liberty, or property. Looks into whether there is sufficient justification
for the government's action.
Requisites: (1) Lawful object-interests of the public, as distinguished from those of a
particular class, which require intervention from the State; (2) Lawful means-means
employed are reasonably necessary for accomplishment of purpose, and not unduly
oppressive on individuals (U.S. v. Toribio)
Aspect of Due Process that serves as a restriction on actions of judicial and quasi-
judicial agencies of the government. Refers to method or manner by which law is
enforced.
(1) Minimum Test of Rationality-as long as there's a connection between means and
purpose, ok; (2) Heightened Scrutiny-triggered when a fundamental constitutional
right is limited by a law ; (3) Strict Scrutiny-when there's suspect classification,
evaluating standards based on gender and legitimacy
Classification that violates a fundamental right, or prejudices a person accorded special
protection by the Constitution. If there's immutability in the trait ex. Sex, race, etc.
When it lacks comprehensible standards that men of common intelligence must
necessarily guess at its common meaning and differ as to its application. Repugnant to
the Constitution because: (1) it violates due process for failure to accord persons,
especially the parties targeted by it, fair notice of what conduct to avoid; (3) it leaves
law enforcers an unbridled discretion in carrying out its provisions
An accused is denied the right to be informed of the charge against him and to due
process where the statute itself is couched in such indefinite language that it is not
possible for men of ordinary intelligence to determine therefrom what acts/omissions
are punished. (People v. Nazario)
(1) impartial court of tribunal clothed with judicial power to hear and determine matter
before it; (2) jurisdiction must be lawfully acquired over defendant and property
subject matter of the proceeding; (3) defendant given an opportunity to be heard; (4)
judgment rendered upon lawful hearing and must clearly explain its factual and legal
bases
(1) right to a hearing to present own case and submit evidence; (2) tribunal must
consider evidence presented; (3) decision rendered must have support; (4) evidence
which supports finding or conclusion is substantial (such relevant evidence as a
reasonable mind accept as adequate to support a conclusion); (5) decision rendered on
the evidence presented at the hearing, or at least contained in the record and disclosed
to parties affected; (6) tribunal or its judges must act on its own independent
consideration of the law and facts of the controversy and not simply accept views of a
subordinate in arriving at a decision; (2) tribunal should render decision in such
manner that the parties to a proceeding can know various issues involved
(1) students must be informed in writing of nature and cause of accusation against
them; (2) have a right to answer the charges against them with assistance of counsel if
desired; (3) be informed of the evidence against them; (4) have right to adduce
evidence in their own behalf; (5) evidence must be duly considered by the
investigating committee or official designated by authorities to decide a case
Law goes beyond the scope of what the measure seeks to acquire. Means of law or
 statute sweeps unnecessarily broadly, reaching constitutionally protected as well as
unprotected activity. Essence of overbreadth is that government has gone too far; its
legitimate interest can be satisfied without reaching so broadly into the area of
protected freedom. Invades areas of protected freedom

Ex. Chilling effect on freedom of speech

Requires that all persons or things similarly situated should be treated alike, both as to
Equal Protection
rights conferred and responsibilities imposed
Persons or things ostensibly similarly situated may, nonetheless, be treated differently
if there is a basis for valid classification.

Valid classification Requisites: (1) substantial distinctions which make for real differences; (2) germane to
the purpose of law-distinctions which are the bases for the classification should have a
reasonable relation to the purpose of the law; (3) not limited to existing conditions
only; (4) must apply equally to all members of the same class
Statute implies merely legal distinction between white and colored races, but has no
Separate but equal tendency to destroy the legal equality of the 2 races, or re-establish a state of
involuntary servitude
All persons who have trait contribute to the harm, but some persons who don't
contribute to the harm have the trait
(All persons who steal are covered by the penal law, but some people who don't steal
Over-inclusive are also covered by the law)

Ex. Chilling effect on freedom of speech exercised by journalists who write in good
faithnegative result: would dampen their vigor and limit variety of public debate
All persons who contribute to the harm have the trait, but some persons who have the
trait might not contribute to the harm
Under-inclusive
(All persons who steal are covered by the penal law, but some people who also steal
are not covered by the penal law)
Gender-based classification Classification under law or statute challenged as discriminatory based on gender
Gender-neutral classification Classification under law or statute that has nothing to do with gender as its basis
Real criterion What law seeks to cover
What law actually covers in aiming to target the real criterion
Proxy criterion
(Example: Law: Kill nerds. Real criterion: nerds. Proxy criterion: Asians.)
Equal work for equal pay
doctrine
Doctrine of Disparate Impact
Law or statute textually, wholly and completely void. No saving interpretation of any
On-its-face
version can render it valid
Proven invalid or void in some way as it had already operated on actual controversies
As-applied
involving parties
It conditions the exercise of freedom of expression upon prior approval of the
government. It also serves as a political, moral, social and artistic arbiter for the
Prior Restraint
people through censorship. Also known as censorship
Censoring person from making speech, before making that speech
Holding a person liable for a speech he had (already) delivered, after he made speech,
creating a chilling effect. Government's subsequent chastisement. But state may
Subsequent Punishment
validly impose penalty on: (1) libel; (2) obscenity; (3) criticism of official conduct; (4)
not absolute rights of freedom of speech of students in schools
 Public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or
any act, omission, condition, status, or circumstance tending to cause dishonor,
discredit, or contempt of a natural or juridical person, or to blacken the memory of one
who is dead.

Libel Presumption of malice, except: (1) private communication made by person to another
in performance of any legal, social, or moral duty; (3) fair and true report, made in
good faith, without any comments or remarks, of any judicial, legislative or other
official proceedings which are not of a confidential nature, or of any statement, report
or speech delivered in said proceedings, or of any act performed by public officers in
the exercise of their functions (Article 354, Revised Penal Code)
Determined by court. That which shocks the ordinary and common sense of men as
indecency. (People v. Kottinger, Pita v. CA) Guidelines by Roth v. U.S., applied to
Miller v. California: (1) whether average person applying contemporary standards,
would find that the work taken as a whole, appeals to the prurient interest; (2) whether
Obscenity
work depicts or describes in a patently offensive way, sexual work, taken as a whole,
sexual conduct specifically defined by the applicable state law; (3) lacks seriously
literary artistic, political or scientific value. May be saved by redeeming element
such as ex. For the interest of art
Standard test to determine whether something is libelous or not. There's a showing of
actual malice when offender's either: (1) with knowledge that the statement was false;
or (2) with reckless disregard of whether it was false or not (New York Times v.
Sullivan)

Actual Malice Burden on plaintiff to show actual malice in publication of libelous piece

Doesn't matter if libelous article is about public figure or notthe concern of

prosecution of libel is not the public figure that is the subject of the article, but the
event affecting public welfare. (Ex. Ayer Productions v. Judge Capulongconcern of
film is not Enrile as individual person, but EDSA and his role in it)
Privileged article Done in good faith and in spirit of public service, without malice.
Patently inhibiting factor on the willingness of newspapermen to courageously
Chilling effect perform their critical role in society. 'They should not be discouraged from doing their
duty.' Debate on public issues should be uninhibited, robust and wide-open
Content-based restriction Regulation based on the subject matter of the utterance or speech. Presumptively valid
Restriction on speech enforced by a statute were made based not on the message to be
Content-neutral restriction
delivered but rather on the incidents of the speechtime, place, manner
To determine whether statute is content-based or content-neutral. Government
regulation is valid if... Requisites: (1) regulation within the constitutional power of the
O'Brien Test government; (2) it furthers important or substantial governmental interest; (3)
government interest is unrelated to suppression of free expression; (4) incidental
restriction is no greater than is essential to the furtherance of that interest
Alternative forum where no prior permit is needed for peaceful assemblies and
Freedom Parks
petitions be conducted (B.P. 880, Public Assembly Act of 1985)
Exemption in challenging the constitutionality of a statute. It only applies to the
statutes that could possibly cause chilling effect upon protected speech. It also
Facial Challenge
prevents possible harm to society by the possible inhibitory effects of overly broad
statutes. Does not apply to penal statutes
Ubilex Non Distinguit Nec When the Law does not make any exception, courts may not except something
Distinguire Debemos therefrom.
Tests of valid governmental (1) Clear and Present Danger Rule
 interference
If words uttered create dangerous tendency of an evil which State has a right to
Dangerous Tendency Test
prevent. (Cabansag v. Fernandez)
Whether words are used in such circumstances and are of such nature as to create a
clear and present danger that they will bring about the substantive evils that Congress
has a right to prevent. Substantive evil must be extremely serious and the degree of
Clear and Present Danger Test
imminence extremely high before utterances can be punished. Danger created must
not only be clear and present but also traceable to the ideas expressed. Danger not only
probable but inevitable
When two legitimate values compete. Duty of court to determine which of the two
Balancing of Interest Test conflicting interests demands greater protection. Requires court to take conscious and
detailed consideration of the interplay of interests observable in a given situation
Attempt to limit unpopular speech because of the public disturbance it will cause.
Hecklers Veto Government may not silence speech based on the reaction of a hostile audience, unless
Clear and Present Danger Test is satisfied (Sec. 4, Art. III)
Highest degree of restraint that the military, police and other peace-keeping authorities
shall observe during a public assembly or in the dispersal of the same. As long as there
Maximum tolerance is no ground for clear and present danger, freedom of assembly may be peacably
exercised, in accordance with and for the protection and benefit of all rallyists and is
independent of the content of the expressions in the rally
The Freedom of Speech includes the freedom to protect self from endorsing an idea a
False attribution
person doesn't believe in or want to endorse. (Pruneyard Shopping Center v. Robins)
Right of free speech is not absolute at all times and under all circumstances. Forms of
unprotected speech have a direct tendency to cause acts of violence by the persons to
Unprotected speech
whom, individually, the remark is addressed. Forms: (1) False statements; (2) Fighting
words-intended to inflict harm, likely to provoke violent reaction; (3) Obscenity
Prohibits excessive government or state entanglement with promotion or disapproval
Non-establishment Clause
of religion
Dual aspect: (1) freedom to believe, which is absolute; and (2) freedom to act on one's
Free Exercise Clause
own belief, which is subject to regulation
A breach in the wall between church and state by allowing interaction between the
two. Purpose: to remove the burden on a persons exercise of his religion

Benevolent Neutrality
Compelling State Interest Test
Conscientious Objector
Recognizes that government must pursue its secular goals and interests, but at the
same time, strive to uphold religious liberty to the greatest extent possible within
flexible constitutional limits. Benevolent neutrality could allow for accommodation of
morality based on religion, provided it does not offend compelling state interest.
Statute is unconstitutional if: (1) respondent's right to religious freedom has been
burdened; (2) respondent's sincerity in religious belief; (3) Compelling state interest
test: (1) government has an interest in compelling enough to override his belief and
regulate this freedom; or (2) Is the means in pursuing interest have an interest of the
least restrictive and burdensomexpression on respondent's property.
A person who seeks exception from a law which requires compliance from him, whose
exception is based on religious beliefs. The concept expanded to cover even non-
religious but according to beliefs objections to war, i.e. non-theist arguments.
Criteria: (1) belief in God or a parallel belief occupying a central place in the
believers life; (2) religion must involve a moral code transcending individual belief,
cannot be purely subjective; (3) demonstrable sincerity in belief must be shown, but
court cannot inquire into its truth or reasonableness; (4) There must be some
 associational ties.
It is the right of the Government to take private property with just compensation.
Eminent Domain Generally it is a taking of private property for public use with just compensation and
due process.
The imposition of a burden upon the owner of the condemned property. It does not
necessarily result in the taking or appropriation of the title of the appropriated title.

REQUISITES (Republic v Castellvi):

(1) The expropriator must enter a private property
Taking (2) Entry must be for more than a momentary period
(3) Entry must be under warrant or color of legal authority
(4) Property must be devoted to public use or otherwise informally appropriated or
injuriously affected
(5) Utilization of the private property must be in such a way as to oust the owner and
deprive him of beneficial enjoyment of the property.
Public Use Whatever may be beneficially employed for the general welfare
It is the just and complete equivalent of the loss which the owner of the thing
expropriated has to suffer by reason of the expropriation. Measured by the fair market
Just Compensation
value of the property. Such compensation should not only be in correct amount but
also within a reasonable time.
The price fixed by a buyer desirous but not compelled to buy and a seller willing but
not compelled to sell. It should also include consequential damages (damages to other
Fair Market Value interest of the owner attributable to the expropriation) and deducts consequential
benefits (increase of value of other interests attributable to new use of the former
property).
Those whose gross income and that of their immediate family do not exceed four
thousand (P4,000) pesos a month if residing Metro Manila, and three thousand
Indigent Litigants (P3,000) pesos a month if residing outside Metro Manila, and who do not own a real
property with an assessed value of more than fifty thousand (P50,000) pesos. They are
exempted from payment of legal fees
A warning given by the police to inform the criminal suspect of his rights to wit:
(1) He has a right to remain silent;
Miranda Rights
(2) That any statement he makes may be used as evidence against him; and
(3) That he has a right to the presence of an attorney retained or appointed
A remedy available to any person whose right to life, liberty and security is violated or
Writ of Amparo threatened with violation by an unlawful act or omission of a public official or
employee, or of private individual.
An independent and summary remedy designed to protect the image, privacy, honor,
Writ of Habeas Data information, and freedom of information of an individual, and to provide a forum
enforce ones right to the truth and to informational privacy.
Remedy against violation or threat of violation of constitutional right to a balanced and
healthful ecology by an unlawful act or omission of a public official or employee, or
Writ of Kalikasan
private individual or entity, involving the life, health or property of inhabitants in two
or more cities or provinces.
A legislative act which inflicts punishment without judicial trial. If the punishment be
less than death, the act is termed a bill of pains and penalties. Within the meaning of
Bils of Attainder
the Constitution, bills of attainder include bills of pains and penalties (Cummings v
Missouri)