UNIT 1.

COURSE
INTRODUCTION &
FUNDAMENTAL POWERS OF
THE STATE

ATTY. LEAH C. LAGMAY-ROSARIO,

Course Instructor
THE 1987 PHILIPPINE
CONSTITUTION
*definition
*purpose
*interpretation/construction
*State Declarations & Policies

PART 1
Constitution
 The constitution is the
FUNDAMENTAL and
SUPREME LAW of the
land, it is deemed
written in every statute
and every contract.
(Manila Prince Hotel v. GSIS,
1997)

Effectivity: 2 February 1987

 Doctrine of constitutional
supremacy
 If a law or contract violates
any norm of the Constitution,
that law or contract, whether
promulgated by the legislative
or the executive branch of the
government or entered into by
private persons for private
purposes, is NULL AND VOID,
and without any force and
effect. Effectivity: 2 February 1987
 POWER OF JUDICIAL REVIEW: AN
EXPRESSION OF THE SUPREMACY OF
THE constitution
 The power of judicial review
is the power of the courts to
test the validity of the
executive and legislative acts
in light of their conformity
with the Constitution.

Effectivity: 2 February 1987

Constitution
A 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 Effectivity: 2 February 1987
safe and useful exercise for the
benefit of the body politic. (Malcolm,
Philippine Constitution Law)
Constitution, purpose
To prescribe the permanent
framework of a system of
government
to assign to the several
departments their respective
powers and duties, and
to establish certain first principles
on which the government founded.
 Constitutional
INTERPRETATION/CONSTRUCTION
 First, verba legis!
Whenever possible, the words
used in the Constitution must be
given their ORDINARY MEANING
except when technical terms are
employed.
(Francisco v. House of
Representative, 2003)
 Constitutional
INTERPRETATION/CONSTRUCTION
 First, verba legis!
The Constitution is truly a public
document in that it was ratified and
approved by a direct act of the People
exercising their right of suffrage, they
approved of it through a plebiscite. The
preeminent consideration in reading the
Constitution, therefore, is the People’s
consciousness: that is, popular, rather
than technical-legal, understanding.
(LEONEN – David v. SET, 2016)
 Constitutional
INTERPRETATION/CONSTRUCTION
Second, ratio legis et anima!
When there is ambiguity, the
words of the Constitution should
be interpreted in accordance with
the intent of the framers.

(Francisco v. House of
Representative, 2003)
 Constitutional
INTERPRETATION/CONSTRUCTION
Third, ut magis valeat quam
pereat!
The Constitution has to be
interpreted as a whole.

(Francisco v. House of
Representative, 2003)
Civilian Authority
Article II, Section 3 of the Constitution
states that “civilian authority, is at all times,
supreme over military. The Armed Forces of
the Philippines is the protector of the
People and the State. Its goal is to secure
the sovereignty of the State and the
integrity of the national territory.”

 The head of the armed forces is a civilian

president and the primary purpose of AFP
is to serve and protect the people.
Social Justice
The State shall promote social
justice in all phases of national
development.
Social Justice has been defined as the
humanization of laws and the equalization of
social and economic forces by the State so
that justice in its rational and objectively
secular conception may at least be
approximated.
-Calalang v. Williams, G.R. No. 47800, 1940
 BASIC
SOVEREIGNTY CONCEPTS
 It is the power of the
State to regulate matters
within its own territory.

The Philippines is a Democratic

and Republican state.
Sovereignty resides in the
people and all government
authority emanates from them.
(Art. II, sec. 1)
 BASIC
Elements of a State CONCEPTS
1. Government - institution or aggregate of institutions by which an
independent society makes and carries out those rules of action which are
necessary to enable men to live in a social state, or which are imposed upon
the people forming that society by those who possess the power or authority
of prescribing them.
2. Sovereignty - power of the State to regulate matters within its own territory.
3. Population - community of persons sufficient in number and capable of
maintaining the continued existence of the community and held together by
a common bond of law.
4. Territory - a definite area over which the State exercises sovereign jurisdiction.
Primary duty of the
government
 The prime duty of the government is to
serve and protect the people. The
government may call upon the people to
defend the State and, in the fulfillment
thereof, all citizens may be required,
under conditions provided by law, to
render personal military or civil service.
(Art. 11, sec. 4)
DOCTRINE OF
STATE IMMUNITY
The state may not be sued
without its consent. (Art. XVI, Sec. 3)
This doctrine is based on the
principle of equality of states-
par in parem non habet
imperium.
Principle of
Equality of States
This principle is premised on the
juridical equality of states, according
to which a state may not impose its
authority or extend its jurisdiction to
another state without the consent of
the latter through a waiver of
immunity. Thus, domestic courts
must decline to hear cases against
foreign sovereigns out of deference to
their role as sovereigns.
SEPARATION OF POWERS

An allocation of the three

great powers of
government in the
following manner:
legislation to Congress,
execution of laws to the
Executive, and settlement
of legal controversies to
the Judiciary.
SEPARATION OF POWERS
The principle of separation of
powers ordains that each of the three
great government branches has
exclusive cognizance of and is
supreme in concerns falling within its
own constitutionally allocated
sphere.
-Republic v. Bayao, G.R. No. 179492, 2013
CHECKS AND BALANCES
A system operating between and
among the three branches of
government the net effect of which is
that no one department is able to act
without the cooperation of at least
one of the other departments.
CHECKS AND BALANCES
Examples:
Legislation in the form of an enrolled bill needs final
approval from the President to become a law;
President must obtain the concurrence of Congress to
complete certain acts (e.g. granting of amnesty);
Money can be released from the Treasury only by
authority of Congress;
Appropriation, revenue, tariff, increases in public debt
and private bills originate in House of Representatives;
SC can declare acts of Congress or the Executive
unconstitutional.
Upang magawa nang maayos ng
mga Constitutional agencies ang
kanilang mandato, pinagkalooban
ng Konstitusyon ng fiscal
autonomy ang mga opisina gaya
ng Philippine Civil Service
Commission, COMELEC,
Commission on Audit, Office of the
Ombudsman Philippines, at
Commission on Human Rights of
the Philippines.

Kaya naman mahalagang manatili

ang pagiging independent ng mga
Constitutional Commission/offices
upang masigurong nababantayan
ang anumang uri ng paglabag ng
gobyerno.

#CHR101
THE FUNDAMENTAL POWERS
OF THE STATE
*Police Power
*Power of Eminent Domain
*Power of Taxation

PART 2
The fundamental powers of the State
INHERENT Powers of
the State: Similarities:
1. Police Power a. Inherent in the State,
2. Power of Eminent it is exercised even
Domain without need of express
3. Power of Taxation constitutional grant.
The fundamental powers of the State
INHERENT Powers of
the State: Similarities:
1. Police Power b. Necessary and
2. Power of Eminent Indispensable, State
Domain cannot be effective
3. Power of Taxation without them.
The fundamental powers of the State
INHERENT Powers of
the State: Similarities:
1. Police Power c. Methods by which
2. Power of Eminent State interferes with
Domain private property.
3. Power of Taxation
The fundamental powers of the State

INHERENT Powers of Limitation:

the State:
Generally, the Bill of
1. Police Power Rights, although in some
2. Power of Eminent cases the exercise of the
Domain power prevails over
specific constitutional
3. Power of Taxation guarantees.
The fundamental powers of the State
INHERENT Powers of Limitation: Bill of Rights
the State:
1. Police Power
2. Power of Eminent
Domain
3. Power of Taxation
 POLICE POWER
 The power of promoting PUBLIC WELFARE by
restraining and regulating the use and enjoyment of
liberty and property.
 The most pervasive, least limitable and the most
demanding of the three powers. The justification
is found in the Latin maxims: salus populi est
suprema lex, and sic utere tuo ut alienum non
laedas.
 POLICE POWER
 The police power is inherently vested in the legislature.
However, Congress may validly delegate this power to the
president, to administrative bodies and to lawmaking
bodies of local government units.

Local government units (LGUs) exercise police power

under the GENERAL WELFARE CLAUSE stipulated in sec. 16,
391, 447, 458 and 468 of RA 7160)
 POLICE POWER
 The proper exercise of the police
power requires compliance with the
following requisites:
1.Lawful Subject- The interest of the
Thus, an ordinance aimed at
public generally, as distinguished relieving traffic congestion meets
from those of a particular class, the first standard; but declaring bus
require the interference by the state. terminals as nuisances per se and
2. Lawful Means- The means employed ordering their closure or relocation
are reasonably necessary for the contravenes the second standard.
attainment of the object sought and -(Lucena Grand Central Terminal v.
not unduly oppressive upon JAC Liner, GR No. 148339, 2005)
individuals.
TEST FOR VALID EXERCISE OF POLICE POWER

1. Lawful Subject- The law must promote the general welfare of the
people or safeguard the health, morals, peace, education, order
and safety of the people.
2. Lawful Means- The means employed are reasonably necessary
for the accomplishment of the purpose of the law, and not unduly
oppressive on individuals .
3. If exercise by a delegate:
The power must be expressly granted by law.
The power must be exercised w/n territorial limit.
The ordinance must not be contrary to law.
 Related
jurisprudences
POLICE POWER
 Non-impairment of contracts or vested rights clauses
will have to yield to the superior and legitimate exercise
by the Sate of the Police Power. The Police Power prevails
over contracts.
-PNB v. Office of the President, GR No. 104528, 1996

 Non-impairment of contracts or vested rights clauses

will have to yield to the superior and legitimate exercise
by the Sate of the Police Power. The Police Power prevails
over contracts.
-PNB v. Office of the President, GR No. 104528, 1996
 Related
POLICE POWER jurisprudences
 The right to bear arms is merely a statutory privilege. The
license to carry firearm is neither a property nor a property
right. It does not create a vested right. A permit to carry a
firearm outside one’s residence may be revoked at anytime.
Even if it were a property right, it cannot be considered as
absolute as to be beyond the reach of the Police Power.
-Chavez v. Romulo, GR No. 157036, 2004

 A license to operate a motor vehicle is not a property right, but a privilege granted by the
State, which may be suspended or revoked by the State in the exercise of its police power,
in the interest of public safety and welfare, subject to the procedural due process
requirements.
-MMDA v. Garin, GR No. 130230, 2005
 When conditions so demand, as determined by the legislature, property rights
must bow down to the primacy of police power because property rights, though
sheltered by the due process clause, must yield to the general welfare.
-Carlos Superdrug Corporation v. DSWD, GR No. 166494, 2007
 Related
jurisprudences
POLICE POWER
While the right of workers to security of tenure is
guaranteed by the Constitution, its exercise maybe reasonably
regulated pursuant to the Police Power of the state to
safeguard health, morals, peace, education, safety and the
general welfare of the people. Consequently, persons who
desire to engage in the learned professions requiring scientific
or technical knowledge may be required to take an
examination as a prerequisite to engaging in their chosen
careers.

In this case, Santos, employed in 1984 as an X-ray

technician by St. Luke’s Medical Center, had to be separated
from employment when RA 7431 which required that “no
person shall practice or offer to practice as a radiology or an e-
ray technician without having obtained the proper certificate
of registration from the board of Radiologic Technology.”
-St. Luke’s Medical Center Employees Association v. NLCR, GR No. 162053, 2007
POWER OF EMINENT DOMAIN
The power of the
state to condemn The purpose of the taking
PRIVATE PROPERTY must be public use.
for PUBLIC USE upon Just compensation must be
given to the private owner. Just
payment of JUST compensation is the full and
COMPENSATION. fair equivalent of the property
taken.
POWER OF TAXATION
The power of taxation is essentially a legislative
function. Taxation is an attribute of sovereignty. It is the
strongest of all powers of the government. There is a
presumption in favor of legislative determination.
Public policy decrees that since upon the prompt
collection of revenue depends the very existence of
government itself, whatever determination shall be
arrived at by the legislature should not be interfered with,
unless there be a clear violation of some constitutional
inhibition.
(Sarasola v. Trinidad, G.R. No. 14595, 1919)
POWER OF TAXATION
General Rule:
The power to tax is purely legislative and it cannot be delegated.

Exceptions:
I. As to the President
Congress may, by law, authorize the President to fix within specific
limits, and subject to such limitations and restrictions as it may impose,
tariff rates, import and export quotas, tonnage and wharfage dues, and
other duties or imposts within the framework of the national development
program of the Government. (PHIL. CONST., art. VI, § 28, ¶ 2. )
POWER OF TAXATION
General Rule:
The power to tax is purely legislative and it cannot be delegated.

Exceptions:
II. As to Local Government
Under the present Constitution, each local government unit is now
expressly given the power to create its own sources of revenue and to levy
taxes, subject to such guidelines and limitations as the Congress may
provide, consistent with the basic policy of local autonomy.
(PHIL. CONST., art. X, § 5.)
POWER OF TAXATION
Limitations:
 Due process of law: Tax should not be confiscatory.
Where a tax measure becomes so unconscionable and unjust as
to amount to confiscation of property, courts will not hesitate to strike it
down, for despite all its plenitude, the power to tax cannot override
constitutional prescriptions.
-Tan v. Del Rosario, GR No. 109289, 1994
 Equal protection of Law: Taxes should be uniform and equitable.
 Public Purpose
REFERENCES
 1987 Philippine Constitution
 Nachura, A.B. (2015) Outline/Reviewer in Political law. VJ Graphic Arts,
Inc.
 Ateneo Blue Notes. (2021) Political Law Reviewer.
https://www.facebook.com/chrgovph/photos/a.784575471659000/3008
660362583822/?type=3