Enumerations:
1. court or tribunal trying the case is properly
Tests for valid exercise of police power:
1. interests of the public generally need
interference from the State (lawful subject)
2. means employed are reasonably necessary
(lawful method)
Tests before exercising power of eminent
domain:
1. law or authority exists for the exercise of
the right
2. right or authority is being exercised in
accordance with the law
Elements of taking in Eminent domain:
1. expropriator must enter a private property
2. entrance into private property must be for
more than a momentary period
3. entry into the property should be under
warrant or color of legal authority
4. property must be devoted to a public use
5. utilization of the property must be in a way
as to oust the owner and deprive him of all
beneficial enjoyment of the property
Requisites for lawful taking:
1. necessity for the taking;
2. legal authority
Requisites before an LGU can exercise
Eminent domain:
1. ordinance is enacted by the local legislative
council authorizing the local chief executive
2. eminent domain is exercised for public use
3. just compensation
4. valid and definite offer has been previously
made to the owner, but was rejected
Minimum requirements for due process:
1. Notice
2. Hearing
Requirements on due process in criminal
proceedings:
clothed with judicial power to hear and
determine
2. jurisdiction is lawfully acquired
3. given an opportunity to be heard
4. judgment is rendered only upon lawful
hearing
Classification to be valid under equal
protection clause:(test of reasonableness)
1. rest on substantial distinctions
2. germane to the purposes of the law
3. not confined to existing conditions
4. apply equally to all members of the same
class.
Requirements for a valid warrant:
1. no warrant shall be issued but upon
probable cause, determined by the judge
2. Particularly describe the things to be seized
Valid warrantless arrests:
1. When, in his presence, the person to be
arrested has committed, is actually
committing, or is attempting to commit an
offense
2. When an offense has in fact just been
committed, and he has personal knowledge of
facts indicating that the person to be arrested
has committed it;
3. When the person to be arrested is a prisoner
who has escaped from a penal establishment
Valid warrantless searches:
1. Consented
2. Moving vehicles
3. Plain view
4. Customs
5. Incidental to a lawful arrest
6. Stop and frisk