Carmelia Coline B.

Arceo

Constitutional Law 1

Atty. Antonio B. Arellano

I.

A State is sovereign with an unlimited political power. A treaty by nature, requires a

state to accept limitations to their sovereign powers. Reconcile the concept that the

sovereign power of a state is absolute and unlimited with the power limitations under

international treaties?

- Sovereign states are the main subjects of reconciling international law norms.
One of the main challenges to the legitimacy of international law is that it
allegedly fails to respect the sovereignty of states, interfering domains in which
they should be free to make their own conclusions. It is important to start by
presenting how international law can provide reasons for action that is parallel to
those applying to sovereign states. States can bind and be bounded by
international legal norms only when they represent those subjects as officials and
hence can bind them as proxy subjects of international law. 

II.

a) What are the Inherent Powers of a State? Define each.

The Inherent power of state are as follows: Power of Taxation it is an inherent

power of the state implemented through legislature, to execute burdens upon subjects
and objects within its jurisdiction, for the purpose of raising revenues to carry out the
legitimate objects of the government. Next is Police Power this is the power assigned in
the Legislature by the Constitution to make, ordain, and establish all manner of
wholesome and reasonable laws, statutes and ordinances, either with penalties or
without, not repugnant to the Constitution, for the good and prosperity of the State and
its subjects. Lastly, is the Power of Eminent Domain this is the right of the State to
acquire private property for public use upon payment of just compensation and
observance of due process

b) These powers co-exist in a sovereign state. When and How are two of these

powers exercised simultaneously? Give an example.

An example for this is the case of Roxas and Co. Inc. v. CA G.R. No. 127876
December 17, 1999 , an application of the Comprehensive Agrarian Reform Law and
the implementation of the CARL is an exercise of the State’s police power and the
power of eminent domain to the extent that the CARL prescribes retention limits to the
landowners, there is an exercise of police power for the regulation of private property
but where, to carry out such regulation, the owners are deprived of their own lands
they own in excess of the maximum area ed, there is taking under the power of
eminent domain.

III.

Provide the constitutional provisions governing the following powers of the President:

a) Emergency Powers

Article VI, Sec. 23 paragraph 2 of the 1987 Constitution of the Philippines provides
that, “The Congress, by a vote of two-thirds of both Houses in joint session assembled,
voting separately, shall have the sole power to declare the existence of a state of war.
Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon
the next adjournment thereof.

b) Tariff Powers.
 Article VI, Sec. 28 paragraph 2 of the 1987 Constitution of the Philippines provides
that, “The Congress may, by law, authorize the President to fix within specified limits,
and subject to such limitations and restrictions as it may impose, tariff rates, import and
export quotas, tonnage and wharf age dues, and other duties or imposts within the
framework of the national development program of the Government.

IV.

a) Is the exercise of the power of eminent domain subject to judicial review?

Explain your answer.

-Yes, because there is an opportunity on due process on the legality of a taking before
land is actually taken. Also, a necessity of applying basic procedural protections in the
eminent domain context.

b) What are the requisites of “taking” of private property by the government in the

exercise of the power of Eminent domain?

-The requisites of “taking” of private property by the government in the exercise of the
power of Eminent Domain are as follows: The property acquired must be taken for a
“public use;” The state must pay “just compensation” in exchange for the property; and
lastly, no person must be deprived of his/her property without due process of law.

a) Distinguish Progressive Tax Structure from Regressive Tax Structure.

- A progressive tax is defined as a tax whose rate increases as the payer's income
increases. That is, individuals who earn high incomes have a greater proportion of their
incomes taken to pay the tax. Whereas, a regressive tax, is one whose rate increases as
the payer's income decreases.

b) Discuss the rationale of the constitutional provision mandating Congress to

evolve a progressive tax structure.

-Article VI, Sec. 28, Paragraph 1 of the Constitution provides that, “The rule of
taxation shall be uniform and equitable. The Congress shall evolve a progressive system
of taxation. It is up to Congress which will determine the subjects or objects to be
taxed, purpose, the amount of the rate and the manner and means of its collection.
Courts cannot question the motive of Congress or the law-making body, on the levy
that is introduced by Congress or the law-making body.