BILL OF RIGHTSPrinciples with Regard Bill of Rights:1. Provisions of Bill of Rights are self- executory2. It can only be invoke against the StateIf you go inside a mall, you cannot invoke your right from search and seizure since a mall is a juridical entity and that it is not the state.It also cannot invoke private employment rights,licenses vs a company.In People vs. Espejo : after the commission of the offense, he was interviewedby a media man. He admitted the commission of the offense. Said interview was offered in evidence. Is that admissible?YES, because that does not form part of investigation. The rights accompanying investigation did not arise, simplybecause it was an interview by the media and not an investigation by a law enforcement officer.Bill of Rights cannot be invoke against the media man. 3. Human Rights are superior to Property rightsIf Assumpta enters into a contract that during the duration of her stay in VIVA,she must not get pregnant,such stipulation cannot be had since it violate Assumpta
s human rights to procreate as such her right is superior than the property (profit) rights of Viva.4. Provisions have no retroactive application.2006 notes: procedural due process pertains that procedure should be followed (so always be guided by the Ang Tibay rules),however, in preventive suspension, noneed for due process since it is a penalty.2006 notes: summary dismissal is not violative of procedural due process as longas evidence is furnished on the complaint and that the person defending must be given opportunity to answer for the charges.2006 notes: substantive due process pertains to the law itself if such is a valid exercise of police power or not(as such its violative of the bill of rights iflaw is vague).2006 notes: Gen. Rule: Congress (or the law that it passed or those passed by the local government units )is not subject to judicial review except upon intrinsic validity of measures; or unless there is violation of the constitutional limitation under the supremacy of the constitution2 Tests:1. Lawful subject - activity/property sought to be regulated affects general. Welfare2. Lawful means - means reasonably necessary to accomplish desired endsIt must have a rational relation between the method and purpose andThe means chosen is not unduly oppressive of another
s right.Distinctions of Police Power/Eminent Domain & Taxation:1. Police power affects both liberty and property.Eminent domain and power of taxation affect only liberty2. Eminent Domain may be exercised by private institutions.Police power and power of taxation, by Congress only.3. Police power, property taken is destroyed (as they are considered noxious)Eminent domain and power of taxation, taking is for public use (thus, useful)4. Eminent domain And power of taxation gives concrete compensation.Police power, only an altruistic feelingPOLICE POWERpower of promoting general welfare by restraining and regulating the use of liberty and propertymost pervasive - affects almost all aspectsnon-limitable- cannot be limited by a treaty or contract
Ichong VS. HernandezThe petitioner sought to enjoin the enforcement of the Retail Trade Nationalization Law on the ground that it was inconsistent with the Treaty of Amity and theUN charter.SC said it did not violate the treaty because police power cannot be limited even by treaty stipulations.* most demanding - regulates liberty and property* dynamic - changes with time, moves along; laws before could not be made applicable to new times.* can be exercised through the use of power of taxation and eminent domainex. Agrarian Reform Law - get land for welfare of farmersTo regulate Tobacco industry - raise taxes to discourage those who can not afford.Powell vs. PennsylvaniaThe legislature ascertained that the margarine industry was operating to the prejudice of the consuming public because its products, besides being processed inan unsanitary manner, were being mistaken for butter.Instead of prohibiting margarine outright, it merely imposed an exorbitant tax,making it unprofitable for the industry to continue without incurring loss.Police power is exercised by Congress and also by the President, but can be validly delegated:Local Gov
t Units - exercise delegated legislative power through immemorial practice (knowledge of local tradition)Gen. Welfare Clause and Ordinances - source of authority for the exercise of police powerBasis:
Salus populi suprema est lex
- the welfare of the people is the supreme law
Sic utere tuo ut alienum non laedas
- so use your own as not to injure others- calls for the subordination of individual benefit to the interest of the general number.Judicial Review* extraordinary power of the judiciary to determine abuse of constitutional prohibition (Constitutional Supremacy)* Gen. Rule: Congress is not subject to judicial review except upon intrinsic validity of measures; or unless there is violation of the constitutional limitation under the supremacy of the constitution2 Tests:1. Lawful subject - activity/property sought to be regulated affects general. welfare2. Lawful means - means reasonably necessary to accomplish desired endsUS vs. ToribioFacts: Respondents were convicted of violating an ordinance which prohibited the slaughter of carabaos without first acquiring a permit from the municipal treasurer. The reason for requiring a permit is to protect the carabaos from indiscriminate slaughter since they are needed by the farmers in the field, the Phil.being a primarily agricultural country.Issue: Whether or not the ordinance is constitutional or a valid police measure2 Tests:Lawful Subject - This test is satisfied since the subject matter (carabao) is being protected by the state for their agricultural valuability. If a carabao isnot killed, then it can be utilized for farming and benefit will redound to thepublic.Lawful Means - the means is reasonable because the law only allows the slaughter of carabaos that are unfit for farming or breeding.Held: Constitutional.
Ynot vs. IACQuestions the validity of EO requiring permits for interprovincial transfer of carabao, to regulate indiscriminate slaughter.According to SC: End is justifiable, i.e., to protect farm animals. However, the means is not reasonable. The permit required will not prevent indiscriminateslaughter; instead, slaughtering should be regulated. The means must pass thetest of arbitrariness.POWER OF EMINENT DOMAINPower of expropriation: forced sale (extraordinary), it is not resorted to if owner agrees to sell, lease or pay for damages caused1. Private Property==> all kinds of private property==> except money and choice in action- because just compensation comes in the form of money- choice in action is nontransferable==> real, personal, tangible, intangibleex. franchise - takes over a corporationChurch property - even with separation of church and state==> those already expropriated can still be subjected to expropriation, providedthat it is done directly by Congress. However, it does not prohibit the Congress to delegate.2. Taking==> physical dispossession==> and also that property is subject to burden (like you should plant only riceand not trees since your land is in the middle of electric lines so that it would not hinder with the wiring of electricity)==> as such, the moment your property is subjected to any of the 2 modes of taking (mentioned above) ,then it constitutes
taking
.Republic vs. PLDTIssue: The right of the Bureau of Telecommunications to demand interconnection between the government telephone system and that of the PLDT, so that the formercould make use of the lines and facilities of the PLDTHeld: There is valid taking, although the parties cannot be coerced to enter into a contract, where no agreement has been had between them. But the taking ofthe power lines is similar to that of taking of property although it is in reality an imposition of burden upon the company. Either way, private property is still being subject to a burden for public use or benefit.When Taking is Not Compensable* If the taking is done under the police power and the property is destroyed because it is noxious or for a noxious purpose.* E.g. 1. PLDT diggings for telephone lines: store owners affected- no taking-exercise of police power- the business or land has not been taken- damage without injury (damnum absque injuria)* E.g. 2. A building on the verge of collapse may be ordered demolished in the interest of public safety, the owner will not be entitled to payment of just compensation.* E.g. 3 A railroad company is allowed to operate along a street, resulting inthe depreciation of the properties alongside it because of smoke, soot, gases,noise* In all these cases, police power is exercised to improve general welfare. Losses sustained are merely incidental. Compensation is only the altruistic feeling.
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