POWERS OF THE STATE

Cases Powers of the State Specific Act Done (short sentence) State the Doctrine

The Expanded Senior Citizens Act of 2003 was

Manila Memorial Park vs. Secretary of questioned by the petitioners for the constitutionality of Just compensation is necessary for expropriation of
1 Eminent Domain
the DSWD the tax deduction and that private property shall not be properties for public purposes.
taken for public use without just compensation.

Section 34 of the EPIRA Law was created that provides

2 Gerochi vs. Department of Energy
The imposition of a charge is not a tax if regulation is the
for the imposition of a universal charge to be collected
Power of Taxation primary purpose for the charge and the generation of
and was question for being undue delegation of the
revenue is merely incidental.
power to tax on the part of the ERC.

Toribio was violating an act in which prohibits the

The State may interfere wherever the public interests
slaughter of large cattle fit for agricultural work or other
demand it, and a large discretion is necessarily vested in
draft purposes for human consumption and respondent
3 US vs. Toribio Police Power the legislature to determine, not only what the interests
questioned the undue and unauthorized exercise of
of the public require, but what measures are necessary
police power of the state for it deprives them of the
for the protection of such interests.
enjoyment of their private property.

Social justice must be founded on the recognition of the

4 Calalang vs. Williams
necessity of interdependence among diverse units of a
Commonwealth Act No. 548 which authorizes said society and of the protection that should be equally and
Director of Public Works, with the approval of the evenly extended to all groups as a combined force in
Police Power Secretary of Public Works and Communications, to social and economic life, consistent with the
promulgate rules and regulations to regulate and control fundamental and paramount objective of the state of
the use of and traffic on national roads promoting the health, comfort, and quiet of all persons,
and of bringing about the greatest good to the greatest
number.

In order for an ordinance to be valid, it must also

conform to the substantive requirements and it must
In the City of Manila, Alfredo Lim signed into law the
White Light Corporation vs. City of appear that the interests of the public generally require
5 Police Power Ordinance that prohibt short time admission in hotels,
Manila an interference with private rights and the means must
motels, etc.
be reasonably necessary for the accomplishment of the
purpose and not unduly oppressive of private rights.

Association of Small Landowners vs.
6 Police Power
Secretary of Agrarian Reform
R.A. No. 3844, otherwise known as the Agricultural Land
Reform Code, had already been enacted by the
Congress of the Philippines to provide for the
compulsory acquisition of private lands for distribution
among tenant-farmers and to specify maximum
retention limits for landowners.
To the extent that the measures under challenge merely
prescribe retention limits for landowners, there is an
exercise of the police power for the regulation of private
property in accordance with the Constitution.

Petitioners argued that Section 4(a) of the Expanded

7 Carlos Superdrug Corp. vs. DSWD
Senior Citizen law is unconstitutional because it
constitutes deprivation of private property and will result Property rights, as determined by the legislature must
in a loss of profit and capital because according to them bow down to the primacy of police power and must
Police Power
drugstores impose a mark-up of only 5% to 10% on provide to the general public even if sheltered by the due
branded medicines and failed to provide a scheme process clause.
whereby drugstores will be justly compensated for the
discount.

Expropriation, as manifestation of right of eminent

8 Vicente Noble vs. City of Manila
City of Manila entered into a contract with Syquia, who
domain of the state and a limitation upon private
constructed a land owned by the city a school building,
Eminent Domain ownership, it should not be an obstacle to human
and later on filed for the expropriation of said building
progress and to the development of the general welfare
after the City failed to pay rent.
of the community.

Petitioner MCWD initiated expropriation proceedings,

Metropolitan Cebu Water District vs. J.
9 Eminent Domain
King and Sons
The power to expropriate is inherently given to the
approved by the Local Water Utilities Administration,
legislature, and delegated to government agencies,
against respondents property to acquire a lot for its
public officials and quasi-public entities.
production well.

City of Manila filed a petition that a property be Private property already dedicated for public use cannot
10 City of Manila vs. Chinese Community Eminent Domain expropriated, a cemetery, for the purpose of constructing be expropriated by a municipal corporation acting under
a public improvement. a general grant of authority.
 Sangguniang Panglungsod of Mandaluyong City
Power of eminent domain could be exercised by the City
authorized a City Mayor to expropriate the land of Sps
11 Yusay vs. Court of Appeals Eminent Domain only through the filing of a verified complaint in the proper
Yusay for the purpose of developing it for low cost
court.
housing.

COMELEC released an ordinance requiring newspapers The taking of private property for public use is, of course,
12 Philippine Press Institute vs. Comelec Eminent Domain to provide ad space for COMELEC to utitilize for election authorized by the Constitution, but not without payment
purposes. of "just compensation"

Taxes are the lifeblood of the nation through which the

The collector of Port of mactan ordered forfeiture of the government agencies continue to operate and with
13 Secretary of Finance vs. Oro Power of Taxation vessel in favor of the government where fraud was used which the State effects its functions for the welfare of its
in the transaction. constituents. Thus, it should be collected without
unnecessary hindrance or delay.

M.B. Estate, Inc., filed the donor's gift tax return. Under
date of April 29, 1960, the respondent Commissioner of "exempt from taxation," as employed in the Constitution
14 Lladoc vs. CIR Power of Taxation Internal Revenue issued an assessment for donee's gift (supra) should not be interpreted to mean exemption
tax against the Catholic Parish of Victorias, Negros from all kinds of taxes.
Occidental, of which petitioner was the priest.

The amendment in the National Internal Revenue Code In case of discrepancy between the basic law and a rule
omitted PAGCOR from the list of government owned or or regulation issued to implement said law, the basic law
15 PAGCOR vs. BIR Power of Taxation
controlled coporations, consequently eliminatig its prevails, because the said rule or regulation cannot go
exemption from income taxes. beyond the terms and provisions of thee basic law.
 City Assesor issued Tax Declarations for the land and All lands, buildings, and improvements used 'exclusively
the hospital building which the petitioner contested for for charitable purposes shall be exempt from taxation.
16 Lung Center vs. Quezon City Power of Taxation
they allege that they are a charitable institution which are However, it is required to be used "actually" and directly"
exempt from real property taxes for such purposes

Cases
Ermita Malate Hotel vs. City Mayor of
1 Liberty
Manila
2 Villegas vs. Hui Chong
3 Ichong vs. Hernandez
4 Sales vs. Sandiganbayan
5 El Banco Espanol vs Palanca
6 Marcelo vs. Bungubung
7 Tanada vs. Tuvera
DUE PROCESS
Clause under Art. III,
Specific Act Done (short sentence) State the Doctrine
Sec. 1
Petitioner hotel filed petition for prohibition against
an Ordinance against respondent City Mayor of
Manila seeking to regulate the operations of hotels
and motels and be open for inspection by the
authorities. Prohibited persons less than 18 years The doctrine of Fair-play
old, unless accompanied by parents. It is valid
since the presumption is towards the validity of the
law, there was no invasion of personal or property
rights under the guise of police power.
Once an alien is admitted within the territory of the
An ordinance requiring aliens to obtain a work
Philippines, they cannot be deprived of life without
Person permit from the mayor as a pre-condition for
due process of law. The guarantee includes the
employment.
means of livelihood.
Legislature passed RA 1180 (An Act to Regulate
the Retail Business) that prohibits aliens,
The state can deprive persons of life, liberty, and
Person associations, partnerships, or corporations that
property, provided there is due process of law.
are not wholly owned by Filipinos from engaging
directly or indirectly in the retail trade.
Petitioner (an incumbent town mayor who shot his
The right to preliminary investigation is not a
political rival) was issued a warrant of arrest for
technical right; it is a substantive right. To deny
murder by Respondent Judge after finding a
Liberty accused the right to preliminary investigation would
probable cause. Petitioner asserts the warrant for
be to deprive him of the full measure of his right to
his arrest was improper because of an incomplete
due process.
preliminary investigation.
A motion was made by Respondent requesting the
Property is always assumed to be in the
court to set aside the order of default and
possession of its owner, in person or by agent; and
judgement on the ground that the order of default
Property he may safely be held, under certain conditions, to
and judgment rendered were void because the
be affected with knowledge that proceedings have
court had never acquired jurisdiction over the
been instituted for its condemnation and sale.
defendant or over the subject of the action.
based solely on position papers, affidavits or
The reliance by the ombudsman on the affidavits
documentary evidence submitted by the parties as
Liberty of roberto doromal and his witness in determining
affidavits of witnesses may take the place of their
[bungubung]'s administrative liability was proper.
direct testimonies.
Publication is indispensable in every case, but the
Due process was invoked by petitioner on a
legislature may in its discretion provide that the
Liberty number of presidential decrees due to
usual fifteen-day period shall be shortened or
non-publication.
extended.

8 Javier vs. Commission on Elections
9 Ang Tibay vs. CIR
10 NASECORE vs. ERC
11 Napare vs. Barbarona
The Second Division of the Commission on
Elections authorized promulgated its decision of
Life
July 23, 1984, proclaiming the private respondent
the winner in the election
A motion for new trial given the factual antecedent
Life regarding a contract of Toribio with the Philippine
Army, unfair labor practices.
MERALCO’s amended application for the increase that the consumers be notified of any application,
Property
of its generation charge
The counsel of Juan Napere and petitioner
Property continued to represent them even after Juan’s
death.
This Court has repeatedly and consistently
demanded "the cold neutrality of an impartial judge"
as the indispensable imperative of due process.
The fact, however, that the Court of Industrial
Relations may be said to be free from the rigidity of
certain procedural requirements does not mean that
it can, in justifiable cases before it, entirely ignore or
disregard the fundamental and essential
requirements of due process in trials and
investigations of an administrative character (refer
to requisites of an administrative proceeding).
Indeed, the basic postulate of due process ordains
and be apprised of its contents, that would result in
compounding their economic burden.
The essence of due process is the reasonable
opportunity to be heard and to submit any evidence
available in support of one’s defense.

Cases
1 Brown vs. Board of Education of Topeka
2 Rubi vs. Provincial Board of Mindoro
3 People vs. Vera
4 People vs. Cayat
5 Villegas vs. Hiu Chiong
6 Philippine Judges Association vs. Prado
7 Abakada Guro Party List vs. Purisima
EQUAL PROTECTION CLAUSE
Clause under Art. III,
Specific Act Done (short sentence) State the Doctrine
Sec. 1
Cause of action of petitioners is due to
discriminatory schools not accepting black children Abandoned the doctrine of Separate but Equal Rights
Liberty in a white dominated education facility. Valid, since it in Plessy vs. Ferguson regarding educational
causes african children to have inferority complex schools, on white and african-american schools.
and no motivation to go to learn.
An administrative order commanded the
Manguianes to live in a permanent settlement in
Tigbao for the purpose of being non-christians (a The law does not discriminate between individuals
Person
degree of civilization). It was viewed valid at that on account of religious differences. *
time for the purpose of protecting the tribe and their
modernization.
Respondent applied for probation under the
provisions of RA 4221 which grants provincial
boards the power to provide a system of probation Class legislation discriminating against some and
Liberty
to a convicted person. Such act was held Invalid on favoring others is prohibited.
the basis that it has the effect of permitting
discrimination and inequality.
Respondent was found guilty for violating Act 1639.
Said act prohibits natives and members of
Equal protection of laws is not violated by a
Liberty non-christian tribe to possess any liquor other than
legislation based on reasonable classification.
their native wines. Act 1639 was held Valid based on
reasonable classifications.
Ordinance 6537 was passed which forbids any
person not a citizen of the Philippines to be
employed in any place of employment or to be The shelter of protection under the due process and
Person engaged in any kind of business including equal protection clause is given to all persons, both
occupation in Manila City. The ordinance was held aliens and citizens.
Invalid as it denies aliens the right to livelihood and
occupation despite being admitted to the country.
The equal protection of the laws is embraced in the
The measures to withdraw the franking privilege concept of due process, as every unfair
Liberty
from the Judiciary discrimination offends the requirements of justice
and fair play.
The law intends to encourage BIR and BOC officials
and employees to exceed their revenue targets by This Court has held that the standard is satisfied if
providing a system of rewards and sanctions the classification or distinction is based on a
Person
through the creation of a Rewards and Incentives reasonable foundation or rational basis and is not
Fund (Fund) and a Revenue Performance palpably arbitrary.
Evaluation Board (Board).
 The law can treat barangay officials differently from
other local elective officials because the Constitution
A law was passed regarding the synchronization of
8 Comelec vs. Cruz Liberty itself provides a significant distinction between these
barangay and SK elections.
elective officials with respect to length of term and
term limitation.
The Jesus Garcia of the Rosalie Jaype-Garcia
9 Garcia vs. Drilon Person questions the validity of RA 9262 as it impairs the Rational basis test applied to RA 9262 = Valid
equal protection of husbands.
Central Bank (now BSP) Employees Association,
The constitutionality of a statute cannot, in every
Inc., filed a petition for prohibition against BSP and
instance, be determined by a mere comparison of its
the Executive Secretary of the Office of the
Central Bank Employees Association vs. provisions with applicable provisions of the
10 Liberty President, to restrain respondents from further
Bangko Sentral ng Pilipinas Constitution, since the statute may be constitutionally
implementing the last proviso in Section 15(c),
valid as applied to one set of facts and invalid in its
Article II of R.A. No. 7653, on the ground that it is
application to another.
unconstitutional.
Judge Villanueva questions the constitutionality of
The number of years of service provides a relevant
11 Villanueva vs. Judicial Bar Council Liberty the number of years qualifications made by the JBC
basis to determine proven competence which may
to be an RTC judge. be measured by experience, among other factors.
The equal protection clause is not violated, because
Jeffrey "Jennifer" Laude was murdered by
there is a substantial basis for a different treatment
12 Laude vs. Ginez-Jabalde Person Pemberton a US marine and was detained in Camp
of a member of a foreign military armed forces
Crame and not in Olongapo City Jail.
allowed to enter our territory and all other accused.
 SEARCH & SEIZURE
Clause under Art. III,
Cases Specific Act Done (short sentence) State the Doctrine
Sec. 2
RTC finding the accused guilty of forcible entry by
A man's house is his castle. There is exception here
Right to be secure of entering the residence of another against his will and
1 US vs. Arceo under police power, the private right must be subject
their houses with violence and intimidation, aggravating with
to the public welfare.
nocturnity.
Invalid search warrants (General warrants) against
petitioners over personal properties for violation of
Search Warrant;
bank laws, tariff custom laws, Internal revenue code,
particularly describing Exclusionary Rule; protected by an unlawful search
2 Stonehill vs. Diokno and RPC. Corporation have separate and distinct
the place to be and seizure.
personality, and only the party whose right be
searched
impaired to object for unlawful search and seizure; it
is purely personal.
Issued an illegal search warrant on the strength of an
affidavit based on reliable information. Said personnel
Examination under Evidence offered by complainant and his witnesses
3 Alvarez vs. CFI not swear to the truth of his statements upon his own
oath and affirmation should be based on own personal knowledge.
knowledge of the facts but upon the information
received by him from reliable information.
Petitioner seized untaxed articles without permit and
not declared upon entry in the country. Respondent
It is not enough that a judge trusts himself or can be
ordered the return of seized articles. Petitioner
Describing the place to be trusted as capable of acting in good faith, it is equally
refused and aver that Respondent has no authority to
4 Customhouse, Pasay City vs. District searched and things to be important that no circumstance attendant to the
seized order such return. It was held valid because petitioner
proceedings should mar that quality of trust
acquired exclusive jurisdiction once imported goods
worthiness.
are in their possession or control even without
warrant of seizure under the Customs Laws.
Officer McFadden seized a Pistol and Revolver from
Petitioners who were later charged and found guilty
for carrying concealed weapons. Defense for Terry Stop Doctrine. The doctrine allows the police to
petitioners moved to suppress weapons contending briefly detain a person based on reasonable
Effects against
that admission of evidence seized violates suspicion of involvement in criminal activity. There is
5 Terry vs. Ohio unreasonable search
Petitioners' right to Fourth Amendment. It was held no ready test for determining reasonableness other
& seizure
Valid as reasonable suspicion standard was applied than by balancing the need to search or seize against
for the protection of police officer and others nearby; the invasion which the search or seizure entails.
and that the search was reasonably designed to
discover hidden weapons.
Marlon was in violation of an ordinance requiring a
helmet while driving a motorcycle and was
Right of the people to
subsequently searched by Policeman Ramos
6 People vs. Ambrosio be secure in their Determination of a valid Stop and Frisk Doctrine.
discovering that Marlon was carrying Shabu. A
persons
warrantless arrest cannot be made for an offense
penalized by a fine only.

7 Burgos vs. Chief of Staff
8 People vs. Burgos
9 Roan vs. Gonzales
10 Alih vs. Castro
11 People vs. Malmstedt
12 Valmonte vs. De Villa
13 Umil vs. Ramos
Probable cause for a search is defined as such facts
and circumstances which would lead a reasonably
discreet and prudent man to believe that an offense
has been committed and that the objects sought in
connection with the offense are in the place sought to
No seach warrant or 2 search warrants were issued by Judge Ernani
be searched. When the search warrant applied for is
warrant of arrest shall Cruz-Pano where “Metropolitan Mail” and “We
directed against a newspaper publisher or editor in
issue except upon Forum” newspapers were searched and office etc.
connection with the publication of subversive
probable cause were seized.
materials, as in the case at bar, the application and/
or its supporting affidavits must contain a
specification, stating with particularity the alleged
subversive material he has published or is intending
to publish.
The accused was arrested on the sole basis of The arrest being unlawful, the search and seizure
Right of the people to
Masamlok's verbal report where Masamlok led the which transpired afterwards could not likewise be
be secure in their
authorities to suspect that the accused had deemed legal as being mere incidents to a valid
persons
committed a crime. arrest.
Right of the people to
Certain articles, being the basis of the case, were Prohibited articles may be seized but only as long as
be secure in their
taken other than those stated in the search warrant. the search is valid
houses
Respondents who were members of the Philippine The precarious state of lawlessness in Zamboanga
Right of the people to
marine and defense forces raided the compound City at the time in question certainly did not excuse
be secure in their
occupied by Gov. Alvarez in search of loose firearms, the non-observance of the constitutional guaranty
houses
ammunitions and explosives. against unreasonable searches and seizures.
While it is true that the NARCOM officers were not
armed with a search warrant when the search was
Right of the people to Mikael Malmsted was warrantlessly searched and
made over the personal effects of accused, however,
be secure in their seized the hashish he was carrying due to
under the circumstances of the case, there was
persons information given to them by an informant.
sufficient probable cause for said officers to believe
that accused was then and there committing a crime.
The residents of Valenzuela are worried of being
harassed and of their safety being placed at the The setting up of the questioned checkpoints in
arbitrary, capricious and whimsical disposition of the Valenzuela (and probably in other areas) may be
Right of the people to
military manning the checkpoints, considering that considered as a security measure to enable the
be secure in their
their cars and vehicles are being subjected to regular NCRDC to pursue its mission of establishing
persons
searches and check-ups, especially at night or at effective territorial defense and maintaining peace
dawn, without the benefit of a search warrant and/or and order for the benefit of the public.
court order.
The petitioners state that their detention is unlawful as
Right of the people to All cases involving deprivation of individual liberty
their arrests were made without warrant and, that no
be secure in their should be promptly brought to the courts for their
preliminary investigation was first conducted, so that
persons immediate scrutiny and disposition.
the informations filed against them are null and void.
 Admin Order 308 (Adoption of a National
Computerizes Identification Reference System) is
Art. III, sec. 3; The
null and void. the threat comes from the executive The Right to Privacy is a fundamental right
privacy of
14 Ople vs. Torres branch of government which by issuing A.O. No. 308 guaranteed under the Constitution. In its essense
communication and
pressures the people to surrender their privacy by means, the "right to be let alone".
correspondence
giving information about themselves on the pretext
that it will facilitate delivery of basic services.
Case herein centers on the issuance of a search
warrant by Respondent Judge which in effect
authorizes agents of the law to conduct a search and
seizure of the subject property. Petitioners aver there Probable cause is concerned with probability, not
Probable Cause to be
was no sufficient probable cause to act on such absolute or moral certainty. Standards of judgment
15 Tan vs. Sy Tiong Gue determined by the
search and seizure. Ruling states that the issuance are those of a reasonably prudent man, not the
Judge
of search warrant by Respondent Judge is valid as exacting calibrations of a judge after a full-blown trial.
the sufficiency of probable cause exists based upon
circumstances (robbery) and facts (testimonies of
witnesses).
Petitioners claim that the subject search warrants
were in the nature of general warrants because the The requirement of particularity in the description of
Searches and
descriptions therein of the objects to be seized are so things to be seized is fulfilled when the items
16 World Wide Web Corporation vs. People seizures of whatever
broad and all-encompassing as to give the described in the search warrant bear a direct relation
nature
implementing officers wide discretion over which to the offense for which the warrant is sought.
articles to seize.
Consequently, computer data, produced or created
Searches and The Cybercrime Prevention Act means of regulating bytheir writers or authors are protected from
17 Disini vs. Secretary of Justice seizures of whatever undesirable cyberspace activities violate certain of unreasonable searches and seizures, whether while
nature their constitutional rights. stored in their personal computers or in the service
provider’s systems.
Suffice it to state that a finding of probable cause
Ma. Imelda Pineda-Ng claims that being a bank client does not require an inquiry into whether there is
Probable Cause to be
and not an employee of the bank, she could not be sufficient evidence to procure a conviction – it is
18 Pineda-Ng vs. People determined by the
held liable for Qualified Theft, and that there is no enough that there is a reasonable belief that the act
Judge
such crime as Conspiracy to Commit Qualified Theft. or omission complained of constitutes the offense
charged.
particularly describing
A search warrant was issued by Judge Barroso for The settled rule is that where entry into the premises
the place to be
the residence of Bernard R. Nala through the to be searched was gained by virtue of a void search
19 Nala vs. Barroso, Jr. searched and the
testimony and belief of PO3 Alcoser and witness warrant, prohibited articles seized in the course of
persons or things to
Ruel Nalagon. the search are inadmissible against the accused.
be seized.
The right to privacy is essentially the right to be let
The Sangguniang Panlungsod of Marikina City alone, as governmental powers should stop short of
The right of the people
enacted Ordinance No. 192,4 entitled "Regulating the certain intrusions into the personal life of its citizens.
20 Fernando vs. St. Scholastica's College to be secure in their
Construction of Fences and Walls in the Municipality It is inherent in the concept of liberty, enshrined in the
persons
of Marikina." Bill of Rights (Article III) in Sections 1, 2, 3(1), 6, 8,
and 17, Article III of the 1987 Constitution.