Wednesday, March 7, 2012
Consti 2 Syllabus by Atty Ralph Sarmiento
I found this syllabus helpful in my Constitutional Law 2 subject primarily because this is a course syllabus prepared by a professor in constitutional law. So, with due respect to Atty Sarmiento, may I repost your course syllabus sir for the benefit of the eager students of law. So, in addition to the list of cases provided to us by our professor, please click this link : http://attyralph.com/ConstitutionalLaw2.html
Full Text: Magtajas vs Pryce Properties
http://www.lawphil.net/judjuris/juri1994/jul1994/gr_111097_1994.html
Full Text: Ynot vs IAC
Please click the link below:
http://www.lawphil.net/judjuris/juri1987/mar1987/gr_74457_1987.html
http://www.lawphil.net/judjuris/juri1987/mar1987/gr_74457_1987.html
Full Text: Ichong vs Hernandez
Please click the link below:
http://www.lawphil.net/judjuris/juri1957/may1957/gr_l-7995_1957.html
http://www.lawphil.net/judjuris/juri1957/may1957/gr_l-7995_1957.html
Case Digest: Calalang vs Williams
Please click the link below:
http://jrulaw2k11.blogspot.com/2011/08/calalang-vs-d-williams-gr-no-47800.html
http://jrulaw2k11.blogspot.com/2011/08/calalang-vs-d-williams-gr-no-47800.html
POLICE POWER
1. What is the scope of the police power?
"The Supreme Court has said that police power is so far-reaching that it has almost become impossible to limit its sweep. It derives its existence from the very existence of the State itself, it does not need to be expressed or defined in its scope; it is said to be co-extensive with self-protection and survival, and as such it is the most positive and active of all governmental processes, the most essential, insistent and illimitable. Especially it is so under the modern democratic framework where the demands of society and nations have multiplied to almost unimaginable proportions. The field and scope of police power have become almost boundless, just as the fields of public interest and welfare, they cannot delimit beforehand the extent or scope of the police power by which and through which the state seeks to attain or achieve public interest and welfare. " (Ichong vs Hernandez)
Police power does not involve the taking or confiscation of property with the exception of a few cases where there is the need to destroy it for the purpose of protecting the peace and order and of promoting the general welfare as for instance, the confiscation of an illegally possessed article, such as opium and firearms.(City Government of Quezon City vs Ericta)
2. What are the characteristics of police power?
It may be exercised as long as the activity or the property sought to be regulated has some relevance to the public welfare.
The person's acts and acquisitions are hemmed in by the police power.
The impairment clause must yield to the police power whenever the contract deals with a subject affecting the public welfare.
The police power is dynamic, not static, and must move with the moving society it is supposed to regulate.
The police power may sometimes use the taxing power as an implement for the attainment of a legitimate police objective. Likewise, the power of eminent domain could be used as an implement of the police power.
3. Which branch of government may exercise the police power?
The exercise of the police power lies in the discretion of the legislative department.
4. May a judicial process compel the legislative department to act on a police problem?
No. No mandamus is available to coerce the exercise of the police power.
5. What is the remedy to legislative inaction?
The only remedy is the refusal of the electorate to return to the legislature members who, in their view, have been remiss in the discharge of their duties.
6. May the judiciary inquire into the choice of measures or remedies of the legislature on the ground that it is not the best one?
No. These are political questions and therefore off-limit to the judiciary. In same manner, the ascertainment of facts upon which the police power is to be based is likewise a legislative prerogative.
But if the measures chosen are intrinsically invalid, courts have the right and the obligation to declare them so.
7. What are the tests to determine the validity of a police measure?
(1) Lawful Subject. The subject of the measure is within the scope of the police power, that is, that the activity or property sought to be regulated affects the public welfare.
(2) Lawful Means. The lawful objective must be pursued through a lawful method. The means employed for the accomplishment of the police objective must pass he test of reasonableness and, specifically, conform to the safeguards embodied in the Bill of Right for the protection of private rights.
"The Supreme Court has said that police power is so far-reaching that it has almost become impossible to limit its sweep. It derives its existence from the very existence of the State itself, it does not need to be expressed or defined in its scope; it is said to be co-extensive with self-protection and survival, and as such it is the most positive and active of all governmental processes, the most essential, insistent and illimitable. Especially it is so under the modern democratic framework where the demands of society and nations have multiplied to almost unimaginable proportions. The field and scope of police power have become almost boundless, just as the fields of public interest and welfare, they cannot delimit beforehand the extent or scope of the police power by which and through which the state seeks to attain or achieve public interest and welfare. " (Ichong vs Hernandez)
Police power does not involve the taking or confiscation of property with the exception of a few cases where there is the need to destroy it for the purpose of protecting the peace and order and of promoting the general welfare as for instance, the confiscation of an illegally possessed article, such as opium and firearms.(City Government of Quezon City vs Ericta)
2. What are the characteristics of police power?
It may be exercised as long as the activity or the property sought to be regulated has some relevance to the public welfare.
The person's acts and acquisitions are hemmed in by the police power.
The impairment clause must yield to the police power whenever the contract deals with a subject affecting the public welfare.
The police power is dynamic, not static, and must move with the moving society it is supposed to regulate.
The police power may sometimes use the taxing power as an implement for the attainment of a legitimate police objective. Likewise, the power of eminent domain could be used as an implement of the police power.
3. Which branch of government may exercise the police power?
The exercise of the police power lies in the discretion of the legislative department.
4. May a judicial process compel the legislative department to act on a police problem?
No. No mandamus is available to coerce the exercise of the police power.
5. What is the remedy to legislative inaction?
The only remedy is the refusal of the electorate to return to the legislature members who, in their view, have been remiss in the discharge of their duties.
6. May the judiciary inquire into the choice of measures or remedies of the legislature on the ground that it is not the best one?
No. These are political questions and therefore off-limit to the judiciary. In same manner, the ascertainment of facts upon which the police power is to be based is likewise a legislative prerogative.
But if the measures chosen are intrinsically invalid, courts have the right and the obligation to declare them so.
7. What are the tests to determine the validity of a police measure?
(1) Lawful Subject. The subject of the measure is within the scope of the police power, that is, that the activity or property sought to be regulated affects the public welfare.
(2) Lawful Means. The lawful objective must be pursued through a lawful method. The means employed for the accomplishment of the police objective must pass he test of reasonableness and, specifically, conform to the safeguards embodied in the Bill of Right for the protection of private rights.
Constitutional Law 2 Fundamental Powers of the State
1. What are the fundamental powers of the State? Describe each power.
1. Police Power. It is the power of the state to regulate liberty and property for the promotion of the general welfare.
2. Power of Eminent Domain. It enables the State to forcibly acquire private property, upon payment of just compensation, for some intended public use.
3. Power of Taxation. It enables the State to demand from the members of society their proportionate share or contributions in the maintenance of the government.
2. What are the similarities of these three inherent powers of the State?
1. They are inherent in the State and may be exercised by it without need of express constitutional grant.
2. They are not only necessary but indispensable. The State cannot continue or be effective unless it is able to exercise them.
3. They are methods by which the State interferes with private rights.
4. They all presuppose an equivalent compensation for the private rights interfered with.
5. They are exercised primarily by the legislature.
3. What are their differences?
POLICE POWER (regulates liberty and property, exercised by govt, property taken is destroyed for being noxious and intended for noxious purposes, compensation is the altruistic feeling that he has contributed to the general welfare)
Power of EMINENT DOMAIN ( affects property rights only, may be exercised by both the govt and private entities, property taken is intended for public use, compensation is more concrete, to wit, a full and fair equivalent of the property expropriated or protection)
Power of TAXATION (affects property rights only, property taken is intended for public use, exercised by the govt, compensation is more concrete, a full and fair equivalent of the public improvements for the taxes paid)
4. What are the limitations of these powers?
SECTION 1.(1) No person shall be deprived of life, liberty or property without due process of law, nor any person be denied the equal protection of the laws. (Article III, Phil. Constitution) B. The presumption of libertarian societies is in favor of private rights and against attempts on the part of the State to interfere with them.
C. The exercise of these fundamental power is subject at all times to the limitations and requirements of the Constitution and may in proper cases be annulled by the courts of justice.
Source: Constitutional Law by Isagani Cruz
1. Police Power. It is the power of the state to regulate liberty and property for the promotion of the general welfare.
2. Power of Eminent Domain. It enables the State to forcibly acquire private property, upon payment of just compensation, for some intended public use.
3. Power of Taxation. It enables the State to demand from the members of society their proportionate share or contributions in the maintenance of the government.
2. What are the similarities of these three inherent powers of the State?
1. They are inherent in the State and may be exercised by it without need of express constitutional grant.
2. They are not only necessary but indispensable. The State cannot continue or be effective unless it is able to exercise them.
3. They are methods by which the State interferes with private rights.
4. They all presuppose an equivalent compensation for the private rights interfered with.
5. They are exercised primarily by the legislature.
3. What are their differences?
POLICE POWER (regulates liberty and property, exercised by govt, property taken is destroyed for being noxious and intended for noxious purposes, compensation is the altruistic feeling that he has contributed to the general welfare)
Power of EMINENT DOMAIN ( affects property rights only, may be exercised by both the govt and private entities, property taken is intended for public use, compensation is more concrete, to wit, a full and fair equivalent of the property expropriated or protection)
Power of TAXATION (affects property rights only, property taken is intended for public use, exercised by the govt, compensation is more concrete, a full and fair equivalent of the public improvements for the taxes paid)
4. What are the limitations of these powers?
A. The basic limitations of due process and equal protection are found in the following provisions of our Constitution:
C. The exercise of these fundamental power is subject at all times to the limitations and requirements of the Constitution and may in proper cases be annulled by the courts of justice.
Source: Constitutional Law by Isagani Cruz
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