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Constitutional Law

I. INTRODUCTION a. Direct Legislative Action 3/4 votes of all member of the


Constitution Congress (Amendment)
- the written instrument enacted by direct action of the people b. Constitutional Convention 2/3 votes of all member of the
by which the fundamental powers of the government are Congress (Revision)
established, limited and defined, and by which those powers c. Initiative 12 per centum of registered voters, of which
are distributed among the several departments for their safe every legislative district is represented by at least 3 per
and useful exercise for the benefit of the body politic. centum of the registered voters therein (Amendments)
A. Purpose 2. Ratification
- to prescribe the permanent framework of a system of a. majority votes cast in a plebiscite
government; H. Requisites of Judicial Inquiry
- to assign to the several department their respective powers 1. There must be an actual case or controversy;
and duties; and 2. The question of constitutionality must be raised by the
- to establish certain first fixed principles on which proper party.
government is founded. 3. The constitutional question must be raised at the earliest
B. Supremacy of the Constitution possible opportunity; and
- it is the basic and paramount law to which all other laws 4. The decision of the constitutional question must be
must conform and to which all persons, including the highest necessary to the determination of the case itself.
officials of the land, must defer.
- no act shall be valid, however noble its intention, if it II. FUNDAMENTAL POWERS OF THE STATE
conflicts with the constitution. Similarities:
C. Classification 1. Inherent in the State and may be exercised by it without
1. Written Constitution is one whose precepts are embodied need of express constitutional grant;
in one document or set of documents; 2. Not only necessary bit indispensable
2. Rigid Constitution is one that can be amended only by a 3. Methods by which the State interferes with private rights;
formal and usually difficult process. 4. Presupposes an equivalent compensation for the private
3. Conventional Constitution enacted constitution, formally rights interfered with; and
struck off at a definite time and place following a conscious 5. Exercised primarily by the legislature
or deliberate effort taken by a constituent body or ruler. Limitations:
D. Essential Part of the Written Constitution 1. It may not exercise arbitrarily, to the prejudice of Bill of
1. Constitution of Liberty Rights;
2. Constitution of Government 2. The presumption is in favor of private rights and against the
3. Constitution of Sovereignty States attempt to interfere with them; and
E. Permanence of the Constitution 3. Constitutional provisions for the security of persons and
- capacity to resist capricious or whimsical change dictated property should be liberally construed.
not by legitimate needs but only by passing fancies, temporary 4. Exercise of these fundamental powers is subject at all times
passions or occasional infatuations of the people with ideas or to the limitations and requirements of the Constitution and
personalities. may in proper cases be annulled by the court.
F. Interpretation Police Power:
- it should be interpreted in such a way as to give effect to the 1. regulates both liberty and property;
intendment of the framers; 2. exercised only by the government generally through the
- it should be interpreted in the light of conditions obtaining at legislative department;
the time of its adoption or according to the changes inevitably 3. the basis is public necessity and the right of the state and of
transpiring in the history of the nation; the public to self-preservation and self-protection;
- it should be considered self-executing rather than non-self- 4. the property involved that is intended for a noxious
executing, mandatory rather directory, and prospective rather purpose is taken and destroyed;
than retrospective. 5. the compensation is the intangible and altruistic feeling that
G. Amendment or Revision the individual has contributed to public good; and
a. Amendment isolated or piecemeal change in the 6. Contracts may be impaired by the exercise of police power.
constitution. Eminent Domain:
b. Revision revamp or rewriting of the whole instrument. 1. affects only property rights;
Procedure: 2. it may be exercised by private entities;
1. Proposal 3. the basis is necessity of the public for the use of private
property;

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REHOM P. PIMENTEL SAN SEBASTIAN LAW SCHOOL
Constitutional Law

4. the property involved is wholesome and is devoted to 2. Lawful Means the means employed are reasonably
public use or purpose; necessary for the accomplishment of the purpose and not
5. the compensation is full and fair equivalent of the property unduly oppressive upon individuals.
taken; The end does not justify the means. The lawful objective
6. contracts may be impaired by the exercise of the power of must be pursued with lawful method; that is, both the end and
eminent domain the means must be legitimate. Lacking of such occurrence, the
Taxation: police measure may be struck down as an arbitrary intrusion
1. affects only property rights; into private rights.
2. it is exercised only by the government; The means employed for the accomplishment of the police
3. the basis is public necessity and revenue raising; objective must pass the test of reasonableness and, specifically,
4. the property involved is wholesome and is devoted to conform to the safeguards embodied in the Bill of Rights for
public use or purpose; the protection of private rights.
5. the compensation is the protection and public The MMDA does not vested with police power. Its powers
improvements instituted by the government for the taxes are limited to formulation, coordination, regulation,
paid; and implementation, preparation, management, monitoring,
6. contracts may not be impaired by exercise of power of setting of policies, installation of a system and administration.
taxation. D. Tests of a Valid Ordinance
1. It must not contravene the Constitution or any statute;
Police Power 2. It must not be unfair or oppressive;
- the power of promoting the public welfare by restraining 3. It must not be partial or discriminatory;
and regulating the use of liberty and property. 4. It must not prohibit but may regulate trade;
A. Characteristics 5. It must be general and consistent with public policy; and
The most pervasive, the least limitable, and the most 6. It must not be unreasonable
demanding of the three powers.
It may be exercise as long as the activity of the property Power of Eminent Domain
sought to be regulated has some relevance to the public - power to forcibly acquire the needed property intended for
welfare. public use upon payment of just compensation.
The impairment clause must yield to the police power - power of expropriation that may be exercised through a
whenever the contract deals with a subject affecting the public method in the nature of compulsory sale to the State.
welfare. A. Exercise of Power of Eminent Domain
The legislature cannot bargain away the police power - power of eminent domain, as an inherent power of the state,
The treaty is always subject to qualification or amendment is primarily lodged in the national legislature and, by virtue of
by a subsequent law, and the same may never curtail or a valid delegation of legislative power, may also be exercised
restrict the scope of the police power of the State. by:
Power of taxation and eminent domain may sometimes be a. President
used as an implement for the attainment of a legitimate b. Local Legislative Bodies
objective of police power. c. Public Corporation
B. Exercise of Police Power d. Quasi-public Corporation
- police power, as an inherent power of the state, is lodged LGUs have no inherent power of eminent domain and can
primarily in the national legislature and, by virtue of a valid exercise only when authorized by legislature. (R.A. 7160
delegation of legislative power, may also be exercised by: Local Government Code of 1991)
a. President Public Corporation created by the State as its own agency
b. Administrative bodies or instrumentality to help it in carrying out its governmental
c. Local Legislative Bodies functions. (Provinces, cities, municipalities, barangays and
It is also a political question and therefore off-limits to the other government agencies)
judiciary. Quasi-public Corporation private corporations that
The court do not sit to resolve the merits of conflicting render public service, supply public wants, or pursue other
theories eleemosynary objective. (railroad, telephone, water supply)
C. Requisites of Valid Exercise of Police Power B. Essential Requisites of Valid Exercise of Power of
1. Lawful Subject the interests of the public generally, as Eminent Domain
distinguished from those of a particular class, require the 1. Necessity of Exercise
exercise of the Police Power. - when the power is exercised by the National Legislature, the
question of necessity is essentially a political question.

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REHOM P. PIMENTEL SAN SEBASTIAN LAW SCHOOL
Constitutional Law

However, when it is exercised by a delegate only of the - an order of expropriation, declaring that the plaintiff has a
National Legislature, the question of necessity becomes lawful right to take the property sought to be condemned for
justiciable question. public use or public purpose, or
- the Supreme Court has the power to determine whether the - an order of dismissal, if it appears that the expropriation is
authority has been validly exercised by it which includes not for public use.
looking into whether the expropriation is necessary or wise. 2. The ascertainment of Just Compensation
2. Private Property - an order fixing the amount to be paid to the property owner.
- it includes real and personal, tangible and intangible - the determination of just compensation to be ascertained by
properties. 3 commissioners.
- property already devoted to public use is still subject to Kinds of Taking:
expropriation, provided this is done directly by the National 1. Regulatory Taking a regulation which denies all
Legislature or under a specific grant of authority to the economically beneficial or productive use of the property.
delegate. 2. Possessory Taking actual confiscation or physical
- property subject to expropriation must be wholesome as it is occupation of the property
intended to be devoted to a public use. 4. Public Use
3. Taking - as long as general public is involved
- actual dispossession or deprivation of property. - meeting a public need or a public exigency.
- trespass without actual eviction of the owner. - any use directly available to the general public as a matter of
- practical destruction or material impairment of the value of right and not merely of forbearance or accommodation.
the property. - also involves expropriated property not actually acquired by
- deprivation of the ordinary uses for which the property was the government but is merely devoted to public services
intended. administered by private-owned public utilities.
- deprivation of jurisdiction, supervision, and control over the - includes not only uses directly available to the public but
property. also those which redound to their indirect benefit
- restriction on the use of property. That only few would actually benefit from expropriation of
- imposition of burden upon the use of property without loss the property does not necessarily diminish the essence and
of title or possession. character of public use.
- right of way constitute taking It does not matter whether the direct use of the
Requisites of Taking under Eminent Domain: (EMADO) expropriated property by the public be for free or for a fee.
1. The expropriator must Enter a private property The important thing is that any member of the general public,
2. The entry must be for more than a Momentary period as such, can demand the right to use the converted property
3. The entry must be under a warrant or color of Authority. for his direct and personal convenience.
4. The property must be Devoted to public use or otherwise Slum clearance is a valid object of expropriation under the
informally appropriated or injuriously affected. modern expanded interpretation of public use.
5. The utilization of the property must be in such a way as to The idea that public use is strictly limited to clear cases of
Oust the owner and deprive him of the beneficial enjoyment use by the public has long been discarded.
of the property. 5. Just Compensation
The expropriator can enter only the said property after - real, substantial, full and fair equivalent of the property
expropriation proceeding are actually commenced and taken from the private owner by the expropriator.
deposit required by law is duly made. - intended to indemnify the owner fully for the loss he has
The owner does not need to file the usual claim for sustained as a result of the expropriation.
recovery of just compensation with the Commission on Audit - to be determined by the court
if the Government takes over his property and devotes it to The measure of compensation is not the takers gain but to
public use without benefit of expropriation. He may the owners loss. However, the compensation, to be just, must
immediately file a complaint with the proper court for be fair not only to the owner but also to the expropriator.
payment of his property as the arbitrary action of the The determination of just compensation could very well be
Government shall be deemed a waiver of his immunity from agreed upon by the parties without judicial intervention.
suit. Rules in Ascertaining Just Compensation
The Penalty of Closure is Unlawful Taking 1. The court should determine first the actual or basic value of
Procedure of Expropriation: (Intended to know if the authority the property.
is validly exercise) 2. Where the entire party is not expropriated, there should be
1. Condemnation or the determination of the authority of the added to the basic value the consequential damages after
plaintiff

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REHOM P. PIMENTEL SAN SEBASTIAN LAW SCHOOL
Constitutional Law

deducting therefrom the consequential benefits arising from 2. The power of eminent domain is exercised for public use,
the expropriation. purpose or welfare, or for the benefit of the poor and the
3. If the consequential benefits exceed the consequential landless.
damages, these items should be disregarded altogether, as the 3. There is payment of just compensation, as required by the
basic value of the property should be paid in every case. Constitution and other pertinent laws.
4. The basic or market value of the property is the price that 4. A valid definite offer has been previously made to the owner
may be agreed upon by the parties willing but not compelled of the property sought to be expropriated, but said offer was
to enter into a contract of sale. not accepted.
5. The value of the property is determined at the time of taking Kinds of Ejectment Cases (MTC)
or at the filing of the complaint not at the time of rendition of a. Forcible Entry
judgment. b. Unlawful Detainer
6. The owner is entitled to payment of interest from the taking CASES:
until just compensation is actually paid to him. It must be City of Manila vs. Chinese Community of Manila
claimed, otherwise, are deemed waived. When a public corporation attempts to expropriate private
7. Taxes paid by the owner from the time of the taking until property and an objection is made thereto by the owner, the
the transfer of title, during which he did not enjoy any courts have ample authority, in this jurisdiction, to make
beneficial use of the property, are reimbursable by the inquiry, and to hear proof upon an issue properly presented,
expropriator. concerning the question whether or not the purpose of the
8. Just Compensation is defined as not only the correct appropriation is, in fact, for public purpose.
determination of the amount to be paid to the property owner The right of expropriation is not inherent power in a
but also the payment of property within a reasonable time. municipal corporation and before it can exercise the right
9. Title to the property shall not be transferred until after some law must exist conferring the power upon it.
actual payment of just compensation is made to the owner. Moday vs. Court of Appeal
Owner refers to all those who have lawful interest in the Power of Eminent Domain is inherently possessed by the
property to be condemned, including a mortgagee, a lessee and National Legislature but may be validly delegated to local
a vendee in possession under an executory contract. governments, other public entities and public utilities.
Fair market value it includes the cost of acquisition, the The Sangguniang Pannlalawigan may declare a municipal
current value, its actual or potential uses, and in particular resolution invalid on the sole ground that it is beyond the
cases of lands, their size, shape or location and the tax power of the Sangguniang Bayan or the Mayor to issue.
declaration thereon. The Provincial Board is without authority to disapprove an
Consequential damages injuries directly caused on the ordinance authorizing an expropriation.
residue of the private property taken by reason of Municipality of Paraaque vs. V.M. Realty Corporation
expropriation. Must not be merely shared with the rest of the A local government unit may exercise the power of
community. eminent domain only when authorized by Congress and
Consequential benefits the direct and particular benefits subject to the latters control and restraints, imposed through
caused by reason of expropriation and not merely shared with the law conferring the power or in other legislations.
the rest of the properties in the area. Essential Requisites before an LGU may exercise the power of
Payment of Stocks was allowed under RA 6675 eminent domain:
(Comprehensive Agrarian Reform Law) 1. An ordinance is enacted by the local legislative council
6. Due Process authorizing the local chief executive, in behalf of the LGU, to
- the courts cannot adopt a hands-off policy simply because exercise the power of eminent domain;
the public use or public purpose is invoked by law or an 2. The power of eminent domain is exercise for public use,
ordinance, or just compensation has been fixed and purpose or welfare, or for the benefit of the poor and the
determined. landless;
7. Valid Ordinance (LGU) 3. There is payment of just compensation; and
8. Valid and Definite Offer (LGU) 4. A valid and definite offer has been previously made to the
9. Requirements of RA7279 (Urban Housing) owner of the property sought to be expropriated, but said ffer
C. Essential Requisites of Valid Exercise of Power of was not accepted.
Eminent Domain by the LGUs Republic vs. PLDT
1. An ordinance is enacted by the local legislative council The govt may, in the exercise of sovereign power of
authorizing the local chief executive, in behalf of the LGU, to eminent domain, require the telephone company to permit
exercise the power of eminent domain or pursue interconnection of the govt telephone system and that of the
expropriation proceedings over a particular private property.

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Constitutional Law

PLDT, as the needs of the government services may require, The exercise of local government units of the power of
subject to just compensation to be determined by the court. eminent domain is not without limitations. Constitutional
Barangay San Roque vs. Heirs of Francisco Pastor limitations have to be followed: a.) Section 1, Art. III; b.) Sec. 9,
Two phases of expropriation proceeding: Art. III.
1. Determination of the authority of the plaintiff to exercise City of Mandaluyong vs. Francisco.
the power of eminent domain and the propriety of its exercise (Requisites in Expropriation for Urban Housing under RA7279)
in the context of the facts involved in the suit; and Order in acquiring lands for Socialized Housing:
2. Determination by the court of the just compensation for the 1. government lands;
property sought to be taken. 2. alienable lands of the public domain;
An expropriation suit is incapable of pecuniary estimation, 3. unregistered or abandoned or idle lands;
and falls within the jurisdiction of the court. 4. lands within the declared Areas for Priority Development
Republic vs. Castellvi (ADP), Zonal Improvement Program (ZIP) sites, Slum
Elements of Taking of property: Improvement and Resettlement (SIR) sites which have not yet
1. The expropriator must enter a private property; been acquired;
2. The entrance must be for more than a momentary period; 5. BLISS sites which have not yet been acquired; and
3. The entry must be under warrant or color of legal authority; 6. privately-owned lands.
4. The property must be devoted to a public use or otherwise Modes for acquiring lands for Socialized Housing under RA
informally appropriated or injuriously affected; and 7279:
5. The utilization of the property for public use must be in 1. community mortgage;
such a way as to oust the owner and deprive him of all the 2. land swapping;
beneficial enjoyment of the property. 3. land assembly or consolidation;
Payment of interest on amount adjudged as the value of 4. land banking;
the property expropriated not allowed for the period during 5. donation to the government;
which the owner of the property received rental from the 6. joint venture agreement;
condemnor. 7. negotiated purchase; and
City Govt of Quezon City vs. Ericta 8. expropriation
An ordinance of Quezon City requiring memorial park Mode of expropriation is subject to two conditions:
operators to set aside at least 6% of their cemetery for charity a. it shall be resorted to only when the other modes of
burial of deceased persons is not a valid exercise of Police acquisition have been exhausted; and
Power, and one that constitute taking of property without just b. parcels of land owned by small property are exempted from
compensation. such acquisition.
NAPOCOR vs. Gutierrez Two elements defining Small-Property Owners:
The exercise of the power of eminent domain does not a. those owners of real property whose property consists of
always result in the taking or appropriation of title to the residential lands with an area of not more than 300 square
expropriated property; it may also result in the imposition of meters in highly urbanized cities and 800 square meters in
a burden upon the owner of the condemned property without other urban areas; and
loss of title or possession. b. that they do not own real property other than the same.
Just Compensation has always been understood to be the Langco vs. Labra
just and complete equivalent of the loss which the owner of The foundation of the right to exercise eminent domain is
the thing expropriated has to suffer by reason of the genuine necessity and that genuine necessity must be of
expropriation. public character.
PPI vs. COMELEC For an ordinance to be valid it must not only be within the
To compel print media companies to donate COMELEC corporate powers of the city or municipality to enact but must
space of the dimensions specified in Section 2 of Resolution also be passed according to the procedure prescribed by law.
No. 2772, amounts to taking of private property for public (Requisites of a valid ordinance)
use or purposes. JIL vs. City of Pasig
The threshold requisites for a lawful taking of private Church property is not exempt from expropriation
property for public use need to be examined: a.) necessity of The authority to condemn is to be strictly construed in
taking; and b.) legal authority to effect the taking favor of the owner and against the condemnor when power
The taking of private property for public use is authorized is granted, the extent to which it may be exercised is limited to
by the Constitution, but not without payment of just the express terms or clear implication of the statute in which
compensation. the grant is contained.
Filstream International Inc. vs. CA

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Constitutional Law

The condemnor has the burden of proving all the essentials Disbursement of public fund must be covered by the
necessary to show the right of condemnation. corresponding appropriation as required by law.
Requisites of valid exercise of the Power of Eminent Domain If funds belong to a Public Corporation or a GOCC with
by LGUs. personality of its own separate and distinct from the
The purpose of the requirement of a valid and definite government, then its funds are not exempt from garnishment.
offer to be first made is to encourage settlements and (Unincorporated agency)
voluntary acquisition of property needed for public purposes Republic vs. Lim
in order to avoid the expense and delay of court action. Just Compensation embraces not only the correct
A property that is intended for the construction of a place determination of the amount to be paid to the owners of land
of religious worship and a school for its members may still be but also the payment for the land within a reasonable time
expropriated. from its taking.
Where the subject property is expropriated for the Section 9, Article III of the Constitution is not a grant but a
purpose of constructing a road, the expropriator is not limitation of power and should therefore be strictly
mandated to comply with the essential requisites for an interpreted against the expropriator, the government, and
easement of right-of-way under the New Civil Code. Case law liberally in favor of the property owner.
has it that in the absence of legislative restriction, the grantee Municipality of Meycauayan vs. IAC
of the power of eminent domain may determine the location Courts have the power to inquire into the legality of the
and route of the land to be taken unless such determination is exercise of the right of eminent domain and to determine
capricious and wantonly injurious. whether there is genuine necessity therefor when exercise by
An ocular inspection is part of the trial as evidence is the delegate.
thereby received and the parties are entitled to be present at Government may not capriciously choose what private
any stage of the trial. property should be taken.
Heirs of Juancho Ardona vs. Reyes De Knecht vs. Bautista
The States power of eminent domain extends to the Right of the government to expropriate property upon
expropriation of land for tourism purpose although this payment of just compensation should not be exercised
specific objective is not expressed in the Constitution. capriciously or arbitrarily.
The idea that the term public use is strictly limited to Republic vs. De Knecht
clear cases of use by the public in expropriation cases has Expropriation of lands by the government may be
been discarded. undertaken not only by voluntary negotiation with the land
Government may take immediate possession of land owners, but also by taking appropriate court action or by
subject to expropriation proceedings upon deposit of 10% of legislation. B.P. 340 superseded the final and executory
its value. (P.D. No. 42 as amended by P.D. No. 1533) decision of the Supreme Court in De Knecht vs. Bautista.
Estate of Jimenez vs. PEZA While it is true that said final decision of the court on the
Two phases of Expropriation Proceedings subject becomes the law of the case between the parties, it is
The public use requirement for a valid exercise of the equally true that the right of the petitioner to take private
power of eminent domain is a flexible and evolving concept property for public use upon the payment of just
influenced by changing conditions. compensation is so provided in the Constitution and our laws.
The concept of just compensation embraces not only the City of Cebu vs. Dedamo
correct determination of the amount to be paid to the owners It is the Governments right to appropriate, in the nature of
of the land, but also the payment within reasonable time from a compulsory sale to the State, private property for public use
its taking. Payment of just compensation should follow as a or purposes.
matter of right immediately after the order of expropriation is Just compensation shall be determined as of the time of
issued. actual taking.
NHA vs. Heirs of Isidro Guivelondo City of Manila vs. Serrano
The very moment it appears at any stage of the Upon the compliance with the requirements for
proceedings that the expropriation is not for public use, the expropriation, issuance of writ of possession becomes
action must necessarily fail and should be dismissed. ministerial.
A final and executory decision or order can no longer be Two stages of expropriation proceeding
disturbed or reopened. City of Manila vs. Melba Te
Socialized housing falls within the confines of public use Socialized housing is within the concept of public use
It is arbitrary and capricious for a government agency to go Public use has acquired as more comprehensive coverage
through expropriation proceeding and then refuse to pay which includes indirect public benefit or advantage.
Albon vs. Fernando

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Constitutional Law

LGUs are expressly vested with police powers delegated to Uniformity in taxation means that persons or things
them under the general welfare clause of RA 7160 enabling belonging to the same class shall be taxed at the same rate.
LGU to prescribe reasonable regulations to protect the lives, Equality in taxation means that the tax shall be
health, and property of their constituents and maintain peace proportional to the capacity of the people to pay or to the
and order within their respective territorial jurisdiction. relative value of the property.
Fernando vs. St. Scholasticas College Double taxation occurs when additional taxes are laid:
Police power is the plenary power vested in the legislature a. on the same subject,
to make statutes and ordinances to promote the health, b. by the same taxing jurisdiction,
morals, peace, education, good order or safety and general c. during the same taxing period, and
welfare of the people. d. for the same purpose
Test of a valid ordinance C. Tax Exemptions
Test of a valid exercise of police power: - either constitutionally or statutory.
a. Rational Relationship Test (equal protection challenges, a Tax exemption under the Constitution:
legitimate governmental interest) 1. Charitable institutions, churches, and parsonages or
b. Strict Scrutiny Test (presence of compelling reason, rather convents appurtenant thereto, mosques, non-profit
than substantial, governmental interest) cemeteries, and all lands, buildings, and improvements
actually, directly, and exclusively used for religious, charitable
Power of Taxation or educational purposes; [Article VI, Section 28(3)]
- power to collect proportional and equitable contributions 2. All revenues and assets of non-stock, non-profit educational
from the people and their property for the support of institutions used actually, directly, and exclusively for
government and for all public needs. educational purposes. [Article XIV, Section 4(3)]
- a tool to realize social justice Tax exemptions are strictly construed against the taxpayer
A. Exercise of Power of Taxation and liberally in favor of the taxing authority. Taxation is the
- power of taxation, as an inherent power of the State, is rule and exemption is the exception.
primarily vested in the National legislature. Where tax exemption is granted gratuitously, say in
- may also be exercised by Local legislative council not by pursuance of an economic policy, it may be validly revoked at
virtue of valid delegation but pursuant to a direct authority will, with or without cause.
conferred by Article X, Section 5, of the 1987 Constitution. But if the exemption is granted for valuable consideration, it
- may be exercised by the President under the provision of is deemed to partake of the nature of a contract and the
Article VI, Section 28(2) of the 1987 Constitution or as an obligation thereof is protected against impairment.
incident of emergency powers that Congress may grant to him No law granting tax exemption shall be passed without the
under Article VI, Section 23(2). concurrence of a majority of all the members of Congress.
B. Rules in the Exercise of Power of Taxation Exclusively discretion of the legislature.
1. Taxation is subject to the requirements of due process. CASES:
2. Taxes will not be allowed if they are confiscatory, except Y.M.C.A. vs. CIR
when they are intended precisely for destruction as an Lands or buildings used exclusively for religious,
instrument of police power. charitable, scientific, or educational purposes, and not for
3. Due process does not require previous notice and hearing profit, shall be exempt from taxation.
before a law prescribing fixed or specific taxes on certain Bishop of Nueva Segovia vs. Provincial Board of Ilocos
articles may be enacted, except where the tax to be collected is Norte
to be based on the value of taxable property. In this case, the The exemption from the payment of the land tax in favor of
taxpayer is entitled to be notified of the assessment the convent includes not only the land actually occupied by
proceeding and to be heard therein on the correct valuation to the building, but also the adjacent ground or vegetable garden
be given the property. destined to the incidental use of the parish priest in his
4. Tax statues must be strictly construed against the ordinary life.
government and liberally in favor of the taxpayer. The lot which was formerly a cemetery and which is no
5. The rule of taxation shall be uniform and equitable. longer used as such, but is not used for commercial purposes,
6. Double taxation is not prohibited unless it results to a serving solely as a sort of lodging place for those who
violation of the equal protection clause. participate in the religious festivities, is also exempt from the
7. Revenues derived from taxes cannot be used for purely land tax, because this constitutes an incidental use in religious
private purposes or for the exclusive benefit of private function
persons. Lladoc vs. CIR
8. Public purpose includes indirect public advantage or benefit.

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Constitutional Law

Constitutional exemption for religious purposes refers only Observance of the procedure laid down by the law,
to property taxes as distinguished from excise taxes. regardless of its intrinsic validity.
Imposition of gift tax on property used for religious C. Meaning of Due Process
purposes does not constitute an impairment of the No person shall be deprived of life, liberty and property
Constitution. A gift tax is not a property tax, but an excise tax without due process.
imposed on the transfer of property by way of gift. A precise definition of due process might prove
The head of the diocese and not the parish priest is the real constricting and prevent the judiciary form adjusting it to the
party in interest in the imposition of a donees tax on property circumstances of particular cases and to the ever-changing
donated to the church for religious purposes. conditions of society.
Province of Abra vs. Hernando Courts have also hesitated to provide their own
To be exempt from realty taxation there must be proof that specification of the guaranty that might confine them in a legal
the property of a religious institution is actually and directly strait jacket, preferring instead to have the meaning of the
being used for religious purposes. phrase gradually ascertained by the process of inclusion and
Trial court should resolve the jurisdictional issue raised by exclusion in the course of the decisions of cases as they arise.
the provincial assessor. Due process, as described by the Supreme Court through
Abra Valley College, Inc. Vs. Aquino Justice Fernando, is simply responsiveness to the supremacy
The test of exemption from property is the use of property of reason, obedience to the dictate of justice.
for purposes mentioned in the constitution. According to Justice Frankfurter of the U.S. Supreme Court,
The exemption in favor of property used exclusively for due process is nothing more and nothing less than the
charitable and educational purposes is not limited to property embodiment of the sporting idea of fair play.
actually indispensable, but extends to facilities which are Due process is a guaranty against any arbitrariness on the
incidental to and reasonably necessary for the part of the government, whether committed by the legislature,
accomplishment of said purposes. (such as in the case of the executive, or the judiciary.
hospitals, a school for training nurses, a nurses home, Person it includes all persons, natural as well as juridical in
property use to provide housing facilities for interns, resident so far as their property is concerned. Natural persons include
doctors, superintendents, and other members of hospital both the citizen and the alien.
staffs, and recreational facilities for students such as athletic Deprivation to take away forcibly, to prevent from
field including a firm for the inmates of the institution) possessing, enjoying or using something. It connotes denial of
American Bible Society vs. City of Manila the right to life, liberty or property.
Ordinance prescribing tax need not be approved by the Deprivation per se is not necessarily unconstitutional, what
President to be effective. (RA 409, Section 18) is prohibited is deprivation of life, liberty or property without
due process of law.
III. DUE PROCESS OF LAW Life the integrity of the physical person. It is not permissible
The minimum rights to notice and hearing were first observed for the government to deprive the individual of any part of his
by the Eternal Judge, and in this way was the ground of justice body, and this is true even if it be as punishment for crime.
and fair play established. Any measure that would even only endanger his health or
A. Origin of Due Process subject him to unnecessary pain or to unreasonable physical
1215 Prince John , Magna Carta of the barons exertion, would also be subject to challenge.
No man shall be taken or imprisoned or disseized or It includes the enjoyment by the individual of all the God-
outlawed, or in any manner destroyed; nor shall we go upon given faculties that can make his life worth living. (Right of
him, nor send him, but by the lawful judgment of his peers or reproduction and the enjoyment of parenthood)
by the law of the land. Liberty according to Mabini, is the freedom to do right and
1355 King Edward IIIs Statute 28 never wrong. A person is free to act but he may exercise his
No man, of what state or condition whoever he be, shall be rights only in such manner as not to injure the rights of others.
put out of his land, or tenements, nor taken, nor imprisoned, The individual, as a creature of society, should be prepared
nor indicted, nor put to death without he be brought in to to surrender part of his freedom for the benefit of the greater
answer by due process of law. number in recognition of the time honoured principle of salus
B. Evolution of Due Process populi est suprema lex.
Daniel Webster, Dartmouth College Case Property anything that can come under the right of
The law of the land meant the general law, a law which hears ownership and be the subject of contract. This will include all
before it condemns, which proceeds upon inquiry and renders things real, personal, tangible and intangible, that are within
judgment only after trial. the commerce of man. (lands, jewelry, automobiles, buildings,

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Constitutional Law

goodwill, inheritance, intellectual creations, future earnings, a. accused has been heard by a court of competent
work of art, animals, mortgages, insurance proceeds, etc.) jurisdiction;
One cannot have a vested right to a public office, as this is b. accused is proceeded against under the orderly processes of
not regarded as property. If created by statute, it may be law;
abolished by the legislature at any time, even if the term of the c. accused is given notice and opportunity to be heard;
incumbent therein has not yet expired. The same rule applies d. judgment rendered within the authority of constitutional
to the salary attached to it. law.
The only exception is where the salary has already been Requisites of Administrative Due Process:
earned, in which case it cannot be reduced or withdrawn by a a. the right to actual or constructive notice of the institution of
retroactive law as the said salary has already accrued as a proceeding which may affect a respondents legal rights;
property right. b. a real opportunity to be heard personally or with the
It has also been held that mere privileges, such as a assistance of counsel, to present witnesses and evidence in
license to operate a cockpit or a liquor store, are not property ones favor, and to defend ones right;
rights and are therefore revocable at will. c. a tribunal vested with competent jurisdiction and so
D. Substantive Due Process constituted as to afford a person charged administratively a
It requires the intrinsic validity of the law in interfering with reasonable guarantee of honesty as well as impartiality;
the rights of the person to his life, liberty or property. d. a finding by said tribunal which is supported by substantial
The inquiry is not whether or not the law is being enforced evidence submitted for consideration during the hearing or
in accordance with the prescribed manner but whether or not, contained in the records or made known to the parties.
to begin with, it is a proper exercise of legislative power. Requisites of Due Process for Students before Imposition of
Requisites of Proper Exercise of Legislative Power Disciplinary Sanctions:
a. The law must have a valid governmental objective a. must be informed in writing of the nature and cause of the
(i.e., the interests of the public generally as distinguished from accusation against him;
those of a particular class require the intervention of the b. right to answer the charges against him, with assistance of
State.) counsel, if desired;
b. The objective must be pursued in a lawful manner c. informed of the evidence against him;
(The means employed must be reasonably necessary to the d. right to adduce evidence in his behalf;
accomplishment of the purpose and not unduly oppressive.) e. evidence must be duly considered by the investigating
E. Procedural Due Process committee or official designated by the school to hear and
- one which hears before it condemns, which proceeds upon decide the case.
inquiry and renders judgment only after trial. Impartial and Competent Court
Essential Elements of Due Process: Impartial Court - every litigant is entitled to the cold
a. Notice; neutrality of an impartial judge.
b. Hearing Competent Court one vested with jurisdiction over a case
Requisites of Judicial Due Process: as conferred upon it by law.
a. there must be an impartial court or tribunal clothed with Jurisdiction
judicial power to hear and determine the matter before it; Actions in personam (such as complaint for recovery of
b. jurisdiction must be lawfully acquired over the person of loan) jurisdiction over the defendant is acquired by the court
the defendant and over the property which is the subject by his voluntary appearance or through service of
matter of proceeding; summons upon him.
c. the defendant must be given an opportunity to be heard.; Actions in rem or quasi in rem (such as land registration
d. judgment must be rendered upon lawful hearing. proceeding or the foreclosure of a real estate mortgage) the
Requisites of Civil Due Process: jurisdiction of the courts is derived from the power it may
a. an impartial court or tribunal clothed with judicial power to exercise over the property. Notice by publication is
hear and determine the matter before it; sufficient in these cases.
b. jurisdiction properly acquired over the person of the Hearing
defendant and over the property which is the subject matter Notice to a party is essential to enable it to adduce its own
of the proceeding; evidence and to meet and refute the evidence submitted by
c. opportunity to be heard; the other party.
d. judgment rendered upon lawful hearing and based on Right to be notified of every incident of the proceeding
evidence adduced. Right to be present at every stage thereof so that he may be
Requisites of Criminal Due Process: heard by himself and counsel for the protection of his
interests.

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Decisions rendered without a hearing is null and void ab rational or natural connection between the fact proved and
initio and may be attacked directly or collaterally. the fact ultimately presumed from such fact. As long as the
Mere notice by publication of a hearing conducted by an presumption is based on human experience.
administrative agency was held insufficient and so violative of Judgment
due process. To insure against such arbitrariness, due process requires that
Due process is not violated where a person is not heard the judgment be based upon the lawful hearing previously
because he has chosen, for whatever reason, not to be heard. conducted.
Due process as a constitutional precept does not always CASES:
and in all situations require trial-type proceedings. The Villegas vs. Hiu Chiong Tsai Pao Ho
essence is to be found in the reasonable opportunity to be A City ordinance of Manila which imposes a fee of Php.
heard and to submit any evidence one may have in support of 50.00 to enable aliens generally to be employed in the City is
ones defense. To be heard does not only mean verbal revenue measure not a regulatory one. But it is unreasonable
arguments in court. One may be heard also through pleadings. because it failed to consider valid differences in situation of
The right of confrontation merely means the right to be among aliens required to pay it.
given an opportunity to cross-examine and this of course can An ordinance which does not lay down any standard to
be done through the parties counsel. guide the City Mayor in the issuance or denial of an alien
E. Appeal employment permit is null and void.
the right to appeal is not essential to the right to a hearing, Requiring a person to before he can be employed to get
except when guaranteed by the Constitution or by law. permit from the City Mayor of Manila who may withhold or
appeal may be allowed or denied by the legislature in its refuse it at will is tantamount to denying him the basic right of
discretion except those cases coming under the minimum the people in the Philippines to engage in a means of
appellate jurisdiction of the Supreme Court (Article VIII, livelihood. Deprivation of Right to life without due process
Section 5(2), of the Constitution) includes the means of livelihood.
the requirements of due process are deemed satisfied as Ermita-Malate Hotel and Motel Operators Association, Inc.
long as the litigant is given his day in court at the trial of his Vs. City of Manila
case, and he cannot demand as a matter of right another day Ordinance must be presumed valid and should not be set
in the appellate court. aside unless there is a clear invasion of personal or property
F. Exception to Requisites of Notice and Hearing rights under the guise of police power.
there are cases in which the essential requisites of notice A Manila Ordinance regulating operation of hotels, motels
and hearing may be omitted without violation of due process. and lodging house is a police measure specifically aimed to
Examples: safeguard public morals.
-cancellation of the passport of a person sought for the Rubi vs. Provincial Board of Mindoro
commission of the crime; Police Power of the State is s power coextensive with self-
-preventive suspension of a civil servant facing administrative protection, and is inaptly termed the law of overruling
charges; necessity. It may be said to be that inherent and plenary
-distraint of properties for tax delinquency; power in the State which enables it to prohibit all things
-padlocking restaurants found to be insanitary or of theatres hurtful to the comfort, safety and welfare of society.
showing obscene movies; and Deloso vs. Sandiganbayan
-abatement of nuisances per se. Preventive suspension which may initially be justified may
Nuisances raise a due process question if allowed to continue for
Nuisance per se is objectionable under any and all unreasonable length of time.
circumstances because it presents an immediate danger to the An officer appointed by the President facing administrative
welfare of the community. This kind of nuisance may be charges cannot be preventively suspended indefinitely.
abated summarily without the necessity of judicial The injunction against preventive suspensions for an
authorization. unreasonable period of time applies to elective officials facing
Nuisance per accidens is objectionable under only some but criminal charges under Anti-Graft Law.
not all circumstances, there being situations when it is Bince, Jr. vs. COMELEC
perfectly legitimate and acceptable. The right thing in the COMELEC acted without jurisdiction or with grave abuse of
wrong place. discretion in annulling the petitioners claim without the
Presumptions requisite due notice and hearing thereby depriving the
Statutory presumption would not deny the right to hearing latter of due process.
insofar as the person affected is precluded from introducing Petitioner cannot be deprived of his office without due
evidence to rebut the presumption, provided, there is a process of law. Although public office is not property, and one

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cannot acquire vested right to a public office, it is, Marcos vs. Sandiganbayan
nevertheless, a protected right. Requirement of due notice Procedural flaws committed by Sandiganbayan are fatal to
and hearing. the validity of its decision:
Taada vs. Tuvera 1. sessions of Sandganbayan whether en banc or division, shall
For purpose of prior publication requirement for be held in its principal office in the MetroManila where it shall
effectivity, the term laws refer not only to those of general try and determine all cases filed with it;
application, but also to laws of local application, private laws; 2. it should not allow unscheduled discussion of cases; (Cases
administrative rules enforcing a statute; city charters in all court shall be carefully calendared and advance notice
including Central Bank Circulars to fill-in the details of the are given to judges and justices to enable them to study and
Central Bank Act. prepare for deliberation.)
Mere interpretative rules regulating and providing 3. Sandiganbayan do not allow informal discussion of cases.
guidelines for purposes of internal operations by an (deliberation must appear on record)
administrative agency not covered by the rule on prior 4. The rules of Sandiganbayan do not allow the presence of a
publication. non-member in the deliberation of cases.
Publication must be in full or it is no publication at all. 5. Do not allow the exclusion of member of a division, whether
The requirement of prior publication seeks to prevent special or regular, in the deliberation of cases.
abuses by the lawmakers and ensure the peoples right to More important than the vote of 3 Sandiganbyan justices is
information. the process by which they arrive at their votes.
Webb vs. De Leon (Concurring Opinion)
The requirement of probable cause both with respect to The right of due process and rule of law are immutable
issuance of warrants of arrest and search warrants. principles in a democratic society that should apply to all,
The right to compel the disclosure of exculpatory facts even to those we hate.
during preliminary investigation is rooted in the Equitable Banking Corporation vs. Calderon
constitutional protection of due process which is operational A contract of adhesion is as binding as ordinary contracts,
even at that stage. the reason being that the party who adheres to the contract is
To warrant a finding of prejudicial publicity there must be free to reject it entirely.
an allegation and proof that the judges have been unduly Serapio vs. Sandiganbayan
influenced, not simply that might be, by the barrage of The purpose of preliminary investigation is merely to
publicity. determine whether a crime has been committed and whether
(Concurring Opinion) there is probable cause to believe that the person accused of
The judge does not have to personally examine the the crime is probably guilty thereof and should be held for
complainant and his witnesses in order to issue a warrant of trial.
arrest as he can rely on the certification of the prosecutors. A person charged with capital offense is not absolutely
People vs. Sanchez denied the opportunity to obtain provisional liberty on bail
Where the accused has not shown by an iota of proof that pending the judgment of his case.
the court, in the examination of his appeal, was unduly In exceptional cases, habeas corpus may be granted by the
swayed by publicity in affirming the sentence of conviction courts even when the person concerned is detained pursuant
imposed by trial court, the charge of conviction by publicity to a valid arrest or his voluntary surrender, for this writ of
has thus no ground to stand on. liberty is recognized as the fundamental instrument for
Anzaldo vs. Clave safeguarding individual freedom against arbitrary and lawless
Due process of law means fundamental fairness state action due to its ability to cut through the barriers of
Petitioner being more senior in point of service than the form and procedural mazes.
private respondent, both occupying the same rank, the Secretary of Justice vs. Lantion
petitioner is entitled to the promotional appointment in Right to notice and hearing is not available during the
question. evaluation stage of the extradition process.
People vs. Medenilla US vs. Purganan
A judge is not prohibited from propounding clarificatory The Supreme Court should rule that our extradition courts
questions on a witness if the purpose of which is to arrive at a may, after the arrest of the extraditee, grant the extraditee bail
proper and just determination of the case. if he establishes that he does not pose a flight risk or a danger
Presumption of regularity in the performance of official to the community, and there is no other special circumstance
duty accorded to law enforcers. A mere denial and concoction that would warrant denial of bail.
of another arrest scenario cannot overcome the positive Central Bank vs. CA
testimonies of the police officers

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Constitutional Law

Prior notice and hearing not required before a bank may The trial court, by depriving the accused who invokes
be directed to stop operations and placed under receivership. insanity of a mental examination, effectively deprives him of a
The bank is given full opportunity to prove arbitrariness fair trial.
and bad faith in placing the bank under receivership, in which Insanity exist when there is complete deprivation of
event, the resolution may be properly nullified and the intelligence in committing the act, the accused must be so
receivership lifted as the trial court may determine. insane as to be incapable of entertaining a criminal intent.
Absence of prior notice and hearing as valid exercise of the Unsound mental condition that effectively renders the
police power of the State not constitutive of acts of accused unable to fully understand the charge against him and
arbitrariness and bad faith. to plead intelligently thereto.
MB resolution may be annulled only after a determination Ang Tibay vs. CIR
has been made by the trial court that its issuance is tainted The fact, however, that the Court of Industrial Relations
with arbitrariness and bad faith. may be said to be free from the rigidity of certain procedural
Tan vs. Barrios requirement does not mean that it can, in justiciable cases
Matters adjudge in a cause do not prejudice those were not coming before it, entirely ignore or disregard the fundamental
parties to it. and essential requirements of due process in trials and
Doctrine of Stare Decisis shall be applied prospectively to investigations of an administrative character.
all future and pending cases. Cardinal Primary Rights which must be respected even in
The refilling of the information against person who had administrative proceeding:
been acquitted by the military tribunal long before the a. Right to hearing
promulgation of the Olaguer decision would amount to b. Opportunity to present his case and adduce evidence
double jeopardy. c. Duty to deliberate to support its decision
Doctrine of operative facts c. Substantial evidence to support the conclusion
Depriving the petitioners of the protection of the judgment d. Decisions be made based on the facts presented and laws
of acquittal by retroactively divesting the military commission applicable
of the jurisdiction it had exercise over them would amount to e. Inform the parties of the proceeding and the reason for
an ex-post facto law. decisions rendered.
Military tribunals are not courts within Philippine judicial Estrada vs. Sandiganbayan
system. Court has no power to legislate
Mejia vs. Pamaran Precision must be the characteristics of penal legislation.
Power of the then President Marcos to create the Plunder is a heinous crime which implies that it is a malum
Sandiganbayan in 1978 made clear in the case of Nuez vs. in se though punished by a special law. It would be absurd to
Sandiganbayan. treat prosecutions for plunder as though they are mere
It is not a grant of authority to legislate, but a recognition prosecutions for violations of the Bouncing Check Laws or of
of such power as already existing in favor of the incumbent an ordinance against jaywalking, without regard to the
President during the period of Martial law. inherent wrongness of the acts.
Sandiganbayan was created precisely in response to a David vs. Arroyo
problem, the urgency of which cannot be denied namely The Constitution is the supreme law. It confers limited
dishonesty in the public service. Not violative of equal powers on the national government.
protection clause. If government consciously or unconsciously oversteps
Presidential Decree and procedure provided for by the these limitations there must be some authority competent to
Sandiganbayan is not constitutive of ex-post facto law. hold it in control, to thwart its unconstitutional attempt, and
If an accused has been heard in a court of competent thus to vindicate and preserve inviolative the will of the
jurisdiction, and proceeded against under the orderly people as expressed in the constitution Judicial Review.
processes of law, and only punished after inquiry and Requisite of the Power of Judicial Review:
investigation, upon notice to him, with an opportunity to be a. there must be an actual case or controversy
heard, and a judgment awarded within the authority of a b. question of constitutionality must be raised by proper party
constitutional law, then he has afforded due process of law. (locus standi)
People vs. Estrada c. question of constitutionality must be raised at the earliest
Under the Classical theory, the basis of criminal liability is opportunity
human free will; man, therefore, should be adjudged or held d. the decision of the constitutional question must be
accountable for wrongful acts so long as free will appears necessary to the determination of the case.
unimpaired. The moot and academic principle is not a magic formula
that can automatically dissuade the court in resolving cases.

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Requisites of Justiciable Question otherwise moot and Like due process clause, the equal protection clause is also
academic: couched in indefinite language in order to provide for more
a. there is a grave violation of the Constitution adjustability to the swiftly moving facts of our changing
b. exceptional character of the situation and the paramount society.
public interest is involved A. Definition
c. when constitutional issue raised requires formulation of Equal protection simply requires that all persons or things
controlling principles to guide the bench, the bar, and the similarly situated should be treated alike, both as to rights
public conferred and responsibilities imposed. Similar subjects
d. the case is capable of repetition yet evading review. should not be treated differently, so as to give undue favor to
A private individual to invoke the judicial power to some and unjustly discriminate against others.
determine the validity of an executive or legislative action, he B. Persons Protected
must show that he has sustained a direct injury as a result of The equal protection clause is available to all persons, natural
that action, and it is not sufficient that he has a general as well as juridical person insofar as their property is
interest common to all members of the public. concerned.
Being a mere procedural technicality, the requirement of C. Classification
locus standi may be waived by the court in the exercise of its The equal protection clause does not require the universal
discretion, such as in cases of transcendental importance or application of the laws, that is, that it operate on all the people
where the issues raised have far-reaching implications. without distinction.
When the issue concerns a public right, it is sufficient that The law is not required to provide for the equality among
the petitioner is a citizen and has an interest in the execution all persons if they are not similarly situated. What the
of the laws. Constitution requires is equality among equals.
National officers of the IBP have no legal standing where Classification the grouping of persons or things similar to
they failed to allege that any direct injury or potentiary injury each other in certain particulars and different from all other in
which the IBP or its members may suffer. certain particulars.
The President cannot be sued during his tenure in any civil Requisites of Classification
or criminal cases. a. it must be based upon substantial differences;
The President can validly declare the existence of a state of b. it must be germane to the purpose of the law;
national emergency even in the absence of a Congressional c. it must not be limited to existing conditions only;
enactment but the exercise of emergency powers, such as it must apply equally to all members of the classes.
taking over of privately owned public utility or business a. Substantial Distinctions
affected with public interest, is a different matter. Superficial differences do not make for a valid classification.
Requisite of Valid Delegation of Emergency Powers The distinction, to be valid, must be substantial.
a. there must be a war or other emergency b. Relevance to Purpose of Law
b. the delegation must be for a limited period only The classification, even of based on substantial distinction, will
c. the delegation must be subjected to such restriction as the still be invalid if it is not germane to the purpose of the law.
Congress may prescribe c. Duration
d. the emergency powers must be exercised to carry out a The classification must be enforced not only for the present
national policy declared by Congress. but as long as the problem sought to be corrected continues to
People vs. Dela Piedra exist.
Absence of evidence as to an improper motive actuating d. Applicability to All
the principal witnesses of the prosecution strongly tends to The classification will be regarded as invalid if all the
sustain that no improper motive is existed and that their members of the class are not similarly treated, both as to
testimony is worthy of full faith and credence. rights conferred and obligations imposed.
Affirmative testimony of persons who are eyewitnesses of
the fact asserted easily overrides negative testimony.
Law enforcers are presumed to have performed their
duties regularly in the absence of evidence to the contrary.

IV. EQUAL PROTECTION


Arbitrariness in general may be challenged on the basis of the
due process clause. But if the particular act assailed partakes of
an unwarranted partiality or prejudice, the sharper weapon to
cut it down is the equal protection clause.

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Constitutional Law

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