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Constitutional Law I 2.

By Kelly Ortiz (A2008) - Plenary – something that you can’t limit
(Contract, can’t bind the gov’t from using it)
II. Powers of the State: - Private property (but public property already
A. Police Power devoted to a particular use may be re-
1. Definition allocated for another public use.)
- State authority to enact legislation that may -
interfere with personal liberty or property in 3. Exercise
order to promote the general welfare - Lodged primarily in congress but may be
(Calalang vs. Williams). This is a state delegated to other governmental entities.
authority to enact legislation. - Local Government: Right of Inferior Domain
- The power of eminent domain may be
2. Characteristics delegated to private corporations (so called
- Most essential, insistent and least limitable quasi-public corporations) serving essential
of inherent powers (Bernas) public needs or operating public utilities.
- Dynamic not static and must move with
changing society it is supposed to regulate 4. Limitations
(Cruz) - Due Process
- Public Use
3. Scope - Just Compensation
- extends to all the great public needs / the
broad areas of state concern (See J. Puno
opinion, Lim v. Pacquing – 1995) C. Power of Taxation
- Expands / contracts with changing needs 1. Definition
- Enforceable contributions from persons and
4. Exercise property, levied by the State by virtue of its
- Lodged primarily in Congress sovereignty, for the support of government
- May be delegated to the Executive branch and for all public needs.
and administrative bodies
- Delegated to municipal governments under 2. Characteristics
the general welfare clause / local - Raise revenue
government code. - Regulation (through taxation)
• Encourage (power to keep alive)
5. Test of Validity • Discourage (power to destroy)
- The interests of the public generally, as
distinguished from those of a particular 3. Exercise
class, require the exercise of the police - Congress
power. - Delegated power to the President
- The means employed are reasonably - Local Government Units
necessary for the accomplishment of the
purpose and not unduly oppressive upon 4. Scope
individuals. - Persons or properties found within
Philippine territory
In other words, a valid police power measure - Citizens who earn income outside of the
requires a lawful subject (or objective) and lawful Philippines
means (to pursue the objective) The Philippines subscribe to the worldwide
income system. Filipinos who earn outside of
6. Limitation the Philippines are subject to tax. Provided
- Due Process Clause there is a mechanism of finding out how much
- Equal Protection Clause they are earning.

B. Eminent Domain 5. Limitation
1. Definition - Due process
- Ultimate right of sovereign power to - Uniform and Equitable (Art 6, s 28)
appropriate public or private property within - Progressive
the territorial sovereignty to public purposes
(Charles River -1837)
Section 9 (on property) – is actually a limitation
on the power. Private property cannot be
confiscated unless for (1) public use and be paid
the (2) properly compensated.