Judicial Review

1. actual case or controversy

2. Raised by the proper party
3. Question must be raised at the earliest time
4. The very lis mota – the controversy of the case

Rule making power (Art 8, Sec 5, Par 5); Rules of court – promulgated by SC

Art. 4 – citizenship

Constitutional law

- Powers of the state and bill of rights (Art. 3)

Powers of the State – inherent powers of the state, no need of any grant of these powers to
the state; once the State comes into being, they become operative

Legislative – are inherent and exercised by the legislature; in the PH, it’s the Congress.
Delegated to whom -> the executive, administrative agencies, local gov’ts, quasi-public
corporations (in the case of eminent domain) – performing public functions. Ie. Meralco, DOH,
LGU

Local gov’t - territorial and political subdivisions of the republic of the Philippines (Art. 10, sec1).
No inherent powers because they are mere creatures of Congress/legislation. Whatever power
they can exercise are powers that can be delegated

- Police Power and Eminent Domain = delegated by Congress; can be found in:
(1) Respective charters (special law creating the particular local government
unit)
(2) Local Government Code (RA 7160)

1. Police Power
 Sec 16 of the LGC (General Welfare Clause); has 2 parts:
 1) general legislative power – power authorizing LGUs to enact ordinance for
their respective constituents
 2) police power – delegation of the police power
 Most pervasive; Any form of human activities may be subject to police power; from
the womb to the tomb
  Regulation of life, liberty, and property for the general welfare (vs. Eminent Domain
and Taxation where both only regulate properties)
 Most cases in Constitutional Law is Police Power vs. Bill of Rights
 The property is harmful and puts a risk to the public.

2. Power of Eminent Domain

 Sec 19 of the LGC
 A mere resolution will not suffice, it should be an Ordinance authorizing the
chief executive to expropriate properties (Municipality of Parañaque v. VM
Realty Corp)
 Ordinance v. Resolution
o Ordinance is a law; permanent; requires 3 readings
o Resolution is a mere expression of opinion of the sanggunian on a
particular issue; temporary
 Can be delegated to quasi-public corporations
 Only private property to convert it to public use subject to Sec 9 Art 3.

Police Power v. Eminent Domain

Similarity: involve taking of property

PP: any kind of property may be taken, even gov’t property, but the purpose of taking is to
destroy the property because it is harmful or noxious; usually used as an excuse to get away
with payment of just compensation

Example: An old building is on the verge of collapse. It poses a threat. It has to be taken to the
police power. The purpose of taking is to destroy the property because it poses a risk to the
public.

City Gov’t of QC v. Ericta (p. 119)

 Eminent domain, cemetery for public use without payment of just compensation;
Since ordinance did not provide for just compensation therefore it is invalid.

ED: only private property may be taken and the purpose is to convert to public use with
payment of just compensation; Bill of Rights, Sec. 9

Constitutional sense of taking property

 Taking of private property is compensable – not all kinds of taking is compensable

  Taking = Taking is not merely actual physical dispossession, but also impairment of
the use of the property for the purpose for which it was intended that may cause to
taking to its constitutional sense. There must be payment of just compensation
 US v. Causby (p. 139)
 He suffered losses when the airport became operational. There is now an
impairment to his property.
 Is he entitled for just compensation? Yes. He is entitled to just compensation
because there was a permanent impairment to his property because of the
airport. This is thus compensable.

3. Power of Taxation (Sec 5 Art 10) – delegation of power of taxation to local gov’t;
Constitution itself is the one who delegated
 Taxes – imposed by the state to raise revenue for the govt.
 Pursuant to the power of taxation
 Purpose: to raise revenues for the gov’t; unlimited
 Licenses – for regulatory purposes.
 What is involved is Police Power
 Purpose: to regulate ___ or trade; limited
 Taxes Cannot be used for offsetting of compensation
 Ex: collectibles from the govt. Assessed by the BIR for tax prepaid. You
cannot offset the prepaid from taxes.
 Lifeblood of the govt; without taxes, the gov’t cannot function

BILL OF RIGHTS ARTICLE 3 (22 SECTIONS)

 Civil and political rights. They are the limitations on the powers of State and govt.
 Without these, the gov’t may practice anything and we cannot complain.
 Art 2. – before one may be searched, there must be a search warrant or warrant of
arrest. Without these, we can be arrested any time.
1. There must be probable cause
2. There must be a warrant
3. Cause determined by the judge (?)
4. Describing the place to be searched
 Art 9 there must be just compensation
 Sec 15, 16 art. 2 – right to health and balanced and healthy ecology (Oposa v.
Factoran) SC: While the right to a balanced and healthful ecology is to be found
under the Declaration of Principles and State Policies and not under the Bill of
Rights, it does not follow that it is less important than any of the civil and political
rights enumerated in the latter. Such a right belongs to a different category of rights
altogether for it concerns nothing less than self-preservation and self-perpetuation
— aptly and fittingly stressed by the petitioners — the advancement of which may
 even be said to predate all governments and constitutions. As a matter of fact, these
basic rights need not even be written in the Constitution for they are assumed to
exist from the inception of humankind. If they are now explicitly mentioned in the
fundamental charter, it is because of the well-founded fear of its framers that unless
the rights to a balanced and healthful ecology and to health are mandated as state
policies by the Constitution itself, thereby highlighting their continuing importance
and imposing upon the state a solemn obligation to preserve the first and protect
and advance the second, the day would not be too far when all else would be lost
not only for the present generation, but also for those to come — generations which
stand to inherit nothing but parched earth incapable of sustaining life (from audio
lectures)
 Art. 3 – Right to privacy
 Ople v. Torres – Yes there is a constitutional right of right of privacy
 The essence of privacy – the right to be let alone.
 Right to appeal is only statutory. There is no such thing as a constitutional right to
appeal.
 Grisworld v. Conneticut

How the bill is structured?

 Sec 1-11 – civil and political rights

 Sec 12-22 – rights of the accused
 They are substantive rights
 There are 4 provisions in bill of rights on rule on evidence
 Sec 2
 Sec 3
 Sec 12
 Sec 17
 The rule on admissible evidence:
o It must be material
o Relevant
o Competent – competent evidence – if it is not excluded by the law or
the rules (Sec 3, Art 3. (2)); (Sec 12(3), Art 3)
 If the evidence is incompetent, it is inadmissible.
 Presumption – any act of the government that is alleged to have infringed upon or
impaired a constitutional right comes to the Court with a heavy presumption of
unconstitutionality
 The govt justified the restriction on ABSCBN but it is not for ABSCBN to
justify because it is an infringement on the right of freedom
 PB 880 public assembly act – for one to hold a rally, one must have a permit
from the mayor (Reyes v bagatsing)
Section 1

 Due process law clause and the equal protection clause

 Catch-all provision; Counterpart of Article 19 of the NCC
 Article 19 of the NCC – abuse of right and Sec 1 article 3 – right to due process
 The right to invoke is the right of due process of law when what is involved is
an act of gov’t that appear to be whimsical, capricious, oppressive,
unreasonable, confiscatory, arbitrary, etc.
 2 aspects of Due Process:
 Procedural – refers to the method or manner by which the law is enforced.
Eg hearings and notices
 Substantive – requires that the law itself is fair, reasonable and just – not
merely the procedure by which the law is enforced
 Tanada v tuvera – Article 2 laws shall take effect after 15 days of publication.
o Article 3 presupposes the law is enacted
o If anyone was held liable for a law that was not published, it will be
the height of unfairness.