GALLANT NOTES:

CLASSIFICATION OF THE CONSTITUTION: FDH

A. According to form:

 Written = is embodied in one single document and in writing

 Unwritten =is not embodied in one single document. However, its sources
have SCATTERED sources.

B. According to its development:

 Enacted (Conventional) = a constitution made at a specific time and place.

 Evolved (Cumulative) = a constitution NOT made at a specific time and place,
but rather an evolution.

C. According to how the Constitution is amended

 Rigid = can be amended through a formal and difficult legislative process.

 Flexible = can be amended by ordinary legislation

ESSENTIAL QUALITIES OF A WRITTEN CONSTITUTION

A. BROAD = broad enough to cover all affairs of the government, its powers,
and duties and the rights of the people , and must be comprehensive enough
to provide for every contingency.
B. BRIEF = must confine itself to basic principles to be implemented with
legislative details more adjustable to change and easier to amend.
C. DEFINITE = it must provide for its limitations to prevent ambiguity in its
provisions which could result in confusion and divisiveness among the
people.

ESSENTIAL PARTS OF A WRITTEN CONSTITUTION

A. Constitution of LIBERTY = setting forth the fundamental civil and political

rights of the citizens and imposing limitations on the powers of the
government as a means of securing those rights as embodied under the bill of
rights.
B. Constitution of GOVERNMENT = series of provisions outlining the
organization of the government, enumerating its powers, laying down certain
rules relative to its administration, and defining the electorate, E.g. Arts. VI,
VII, VIII and IX
 C. Constitution of SOVEREIGNTY = provisions pointing out the mode or
procedure in accordance with which formal changes in the fundamental law
may be brought, E.g., Art. XVII
Requisites of JUDICIAL INQUIRY

A. Actual Case or Controversy

B. Personal interest and/or locus standi
C. Issue was raised at the earliest opportunity
D. Constitutionality of the subject matter is the lis mota of the inquiry

Rules of INTERPRETATION and CONSTRUCTION of the CONSTITUTION

A. If there is conflict between the Constitution and a statute, the former shall
prevail.
B. If one assails the validity of a statute, its Constitutionality shall be presumed.
C. If ever there is an executive order or other law thereof, the Constitutional
rights specifically under the Bill of Rights shall be upheld (E.g. Declaration of
Martial Law does not suspend the privilege of writ of habeas corpus.

OR

A. In case of doubt, unless it is expressly provided that it needs a legislative act

to enforce a constitutional mandate, Constitutional provisions shall be
presumed as self-executing.
B. In case of conflict between a statute/law and Constitutional provision, the
latter shall prevail.
C. EXTRANEOUS MATERIALS shall only be used as to interpret the provisions of
the Constitution, only if all 3 tools (namely: verba legis, ratio legis est anima,
and ut magis valeat quam pareat) failed.

SIMILARITIES of INHERENT POWERS:

A. INHERENT = they do NOT need legislative act or statute in order to be

enforced and be effective.
B. INTERFERES (with private rights of individuals) = PP interferes with liberty
and property WHILE ED and T interfere with property (although tax laws
may lead to imprisonment).
C. COMPENSATES (such interference) = PP is being compensated with the
altruistic feeling for helping maintain public order, ED is being compensated
with the payment of just compensation, AND T is being compensated with
the services of the government provided to the people.
D. INDISPENSABLE = they are essential in the exercise of sovereignty of the
State.
E. REGULATED = they are regulated and limited by the rights stated under the
Bill of Rights to balance the power of the State and the rights of the people.
DISTINCTIONS: PP = to enact laws to promote public health, morals, safety and
welfare of the people. AND to take property for noxious prupose. T = to impose
financial burden on persons and property to raise revenue for the expenses of the
government. ED = to take private property for public use upon payment of just
compensation.
POLICE POWER requisites:

1. Lawful Subject = when the law enacted as an exercise of police power is in

accordance with VALID CLASSIFICATION (1) SUBSTANTIAL DISTINCTIONS,
(2) EQUALLY APPLIED TO ALL MEMBERS of the SAME CLASS, (3) GERMANE
TO THE PURPOSE OF THE LAW, (4) It must NOT BE APPLICABLE TO
EXISTING CONDITIONS ONLY;
and that, public interest/safety/welfare outweighs personal interest; in such
a way that it needs interference of the state. INTRINSIC VALIDITY of the
law shall be present. (Absence of lawful subject = SUBSTANTIVE DUE
PROCESS can be invoked = unconstitutional);
2. Lawful Means = the means employed is reasonably necessary to accomplish
the objective and it is not unduly oppressive. (Absence of lawful means =
PROCEDURAL DUE PROCESS can be invoked = invalid proceedings)

OR

1. Lawful Subject = is the activity or property sought to be regulated that affects

the public welfare. It requires the primacy of the welfare of the many over
the interests of the few.
2. Lawful Means = both the end and the means must be legitimate.

EMINENT DOMAIN requisites:

1. Private property
2. Taking (1) ENTER PRIVATE PROPERTY, (2) ENTRY NOT FOR A
MOMENTARY PERIOD, (3) MUST BE UNDER A WARRANT or COLOR of
AUTHORITY, (4) FOR PUBLIC USE or otherwise INFORMALLY
APPROPRIATED, and (5) UTILIZATION is done in such a way to OUST and
DEPRIVE the owner of the ENJOYMENT of the PROPERTY.
3. Public use
4. Just Compensation (real, substantial, full and ample):

FAIR MARKET VALUE + CONSEQUENTIAL DAMAGES – CONSEQUENTIAL BENEFITS

FMV = is the value assessed by the Commissioner appointed by the Court.

CD = damages incurred by the owner by reason of the taking.
CB = benefit of the owner from the land expropriated by the government. IT SHALL
NO BE GREATER than the CD, otherwise it shall be CANCELLED OUT.

TAXATION:

1. General Rule: Double Taxation is NOT prohibited by our Constitution.

However, while not forbidden, it is not favored. In case of doubt as to the
imposition of double taxation, it shall be resolved in favor of the taxpayer
 (Exception: Invoking of tax exemption: must be construed against the
taxpayer and liberally construed in favor of the government) in accordance
with the equal protection clause or the uniformity rule.
2. General Rule: Imposition is done Not by the same public authority and not
with the same purpose is considered VALID and in accordance with the
Constitution.

Direct Double Taxation - taxing twice by the same public authority for the same
purpose during the same taxing period some of the property in the territory in
which the tax is laid without taxing all of them a second time. (VOID)

Indirect duplicate taxation-permissible double taxation - taxes are of different

nature or character imposed by different taxing authority. (VALID)