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Consti II
Consti II
most exact idea of property remaining in the C. Power of Taxation - It is the inherent power of the state to
government” that may be acquired for some public purpose raise revenues to defray the expenses of the government or for
I. GENERAL CONSIDERATIONS
through a method “in the nature of a compulsory sale to the any public purpose. This can be done through the imposition of
state”. burdens or imposition on persons, properties, services,
II. FUNDAMENTAL POWERS OF THE STATE
occupations or transactions.
Who may exercise the Power of Eminent domain?
A. Police Power - is the power of the state to regulate liberty
The importance of taxation derives from the unavoidable
and property for the promotion of the general welfare. 1. The Congress
obligation of the government to protect the people and extend
It is the power of the government to regulate behaviors and 2. The President them benefits in the form of public projects and services.
enforce order within its territory, often framed in terms of Taxation is based on necessity and the reciprocal duties of
3. The local legislative bodies protection and support between the state and those that are
public welfare, security, health, and safety. The exercise of
police power can be in the form of making laws, compelling 4. Certain public corporations (e.g. Land Authority and the subject to its authority.
obedience to those laws through physical means with the aim of MWSS) Who may exercise the power of taxation?
removing liberty, legal sanctions, or other forms of coercion and
inducements. 5. Quasi-public corporations (e.g. PLDT and MERALCO) - It is the Congress who exercises the plenary power to
What are the requisites in exercising the power of eminent tax. However, it may be delegated by congress to local
The basic purposes of Police Power are:
domain? government units under such terms and conditions as
1. To serve the general welfare, comfort and convenience of the may prescribed by law.
people; 1. The property taken must be private property;
The following are the requisites or limitations on the power to
2. To promote and preserve public health; 2. The taking must be within constitutional sense; tax:
3. To promote and protect public safety; 3. The taking must be for public use 1. Public purpose;
4. To maintain and safeguard public order; 4. Just compensation must be paid; 2. Territoriality;
5. To protect public morals; and 5. There must be due process of law. 3. Uniformity;
6. To promote the economic security of the people. The following essential requisites must concur before an LGU 4. Due process and equal protection clause;
can exercise the power of eminent domain:
B. Power of Eminent Domain - It is an inherent power of the 5. Constitutionally exempt properties cannot be taxed;
state that enables it to forcibly acquire private property, which 1. An ordinance is enacted by the local legislative council
authorizing the local chief executive to exercise the power of 6. In the assessment and collection of certain kinds of taxes,
is intended for public use, upon the payment of just
eminent domain; notice and opportunity for hearing must be provided.
compensation. It is based on political necessity; it is inseparable
from the state unless it is denied to it by its fundamental law. 2. It is exercised for the public use, purpose and welfare; These powers are inherent and do not need to be expressly
conferred by the constitutional provision on the state. They are
Condemnation of private property is justified only if it is for the 3. There must be payment of just compensation; and supposed to co-exist with the state. The moment the state
public good character. It is the courts of law that have the
4. A valid and definite offer has been previously made to the come into being, it is deemed invested with these three powers
power to determine whether there is necessity therefore. Also
owner of the property south to be expropriated. as its innate attributes.
called the power of expropriation, eminent domain is described
Similarities: Limitations: (2) Any evidence obtained in violation of this or
the preceding section shall be inadmissible for any
The three inherent of the state are similar in the following 1. The basic limitations of due process and equal protection are
purpose in any proceeding.
respects: found in the following provisions of our Constitution:
Section 4. No law shall be passed abridging the freedom of
1. They are inherent in the state and maybe exercise by it SECTION 1. (1) No person shall be deprived of life,
speech, of expression, or of the press, or the right of the people
without need of express constitutional grant. liberty or property without due process of law, nor any
peaceably to assemble and petition the government for redress
person be denied the equal protection of the laws.
2. They are not only necessary but indispensable. The state of grievances.
(Article III, Phil. Constitution)
cannot continue or effective unless it is able to exercise them.
Section 5. No law shall be made respecting an establishment of
2. The presumption of libertarian societies is in favor of private
3. They are methods by which the state interferes with private religion, or prohibiting the free exercise thereof. The free
rights and against attempts on the part of the State to interfere
rights. exercise and enjoyment of religious profession and worship,
with them.
without discrimination or preference, shall forever be allowed.
4. They all presuppose an equivalent compensation for the No religious test shall be required for the exercise of civil or
3. The exercise of these fundamental power is subject at all
private rights interfered with. political rights.
times to the limitations and requirements of the Constitution
5. They are exercise merely by legislature. and may in proper cases be annulled by the courts of justice.
Section 6. The liberty of abode and of changing the same within
Differences: III. ART 3 – BILL OF RIGHTS the limits prescribed by law shall not be impaired except upon
lawful order of the court. Neither shall the right to travel be
The three inherent powers of the state differ from each other in Section 1. No person shall be deprived of life, liberty, or impaired except in the interest of national security, public
the following ways: property without due process of law, nor shall any person be safety, or public health, as may be provided by law.
denied the equal protection of the laws.
1.Police Power (regulates liberty and property, exercised by Section 7. The right of the people to information on matters of
govt, property taken is destroyed for being noxious and Section 2. The right of the people to be secure in their persons, public concern shall be recognized. Access to official records,
intended for noxious purposes, compensation is the altruistic houses, papers, and effects against unreasonable searches and and to documents and papers pertaining to official acts,
feeling that he has contributed to the general welfare) seizures of whatever nature and for any purpose shall be transactions, or decisions, as well as to government research
inviolable, and no search warrant or warrant of arrest shall issue data used as basis for policy development, shall be afforded the
2. Power of Eminent Domain ( affects property rights only, may except upon probable cause to be determined personally by the
be exercised by both the govt and private entities, property citizen, subject to such limitations as may be provided by law.
judge after examination under oath or affirmation of the
taken is intended for public use, compensation is more complainant and the witnesses he may produce, and Section 8. The right of the people, including those employed in
concrete, to wit, a full and fair equivalent of the property particularly describing the place to be searched and the persons the public and private sectors, to form unions, associations, or
expropriated or protection) or things to be seized. societies for purposes not contrary to law shall not be abridged.
3. Power of Taxation (affects property rights only, property Section 3. (1) The privacy of communication and Section 9. Private property shall not be taken for public use
taken is intended for public use, exercised by the govt, correspondence shall be inviolable except upon lawful order of without just compensation.
compensation is more concrete, a full and fair equivalent of the the court, or when public safety or order requires otherwise as
public improvements for the taxes paid) Section 10. No law impairing the obligation of contracts shall be
prescribed by law.
passed.
Section 11. Free access to the courts and quasi-judicial bodies shall enjoy the right to be heard by himself and counsel, facilities under subhuman conditions shall be dealt with
and adequate legal assistance shall not be denied to any person to be informed of the nature and cause of the by law.
by reason of poverty. accusation against him, to have a speedy, impartial, and
Section 20. No person shall be imprisoned for debt or non-
public trial, to meet the witnesses face to face, and to
Section 12. (1) Any person under investigation for the payment of a poll tax.
have compulsory process to secure the attendance of
commission of an offense shall have the right to be informed of
witnesses and the production of evidence in his behalf. Section 21. No person shall be twice put in jeopardy of
his right to remain silent and to have competent and
However, after arraignment, trial may proceed punishment for the same offense. If an act is punished by a law
independent counsel preferably of his own choice. If the person
notwithstanding the absence of the accused provided and an ordinance, conviction or acquittal under either shall
cannot afford the services of counsel, he must be provided with
that he has been duly notified and his failure to appear constitute a bar to another prosecution for the same act.
one. These rights cannot be waived except in writing and in the
is unjustifiable.
presence of counsel. Section 22. No ex post facto law or bill of attainder shall be
Section 15. The privilege of the writ of habeas corpus shall not enacted.
(2) No torture, force, violence, threat,
be suspended except in cases of invasion or rebellion when the
intimidation, or any other means which vitiate the free IV. ART 4 – CITIZENSHIP
public safety requires it.
will shall be used against him. Secret detention places,
solitary, incommunicado, or other similar forms of Section 16. All persons shall have the right to a speedy Section 1. The following are citizens of the Philippines:
detention are prohibited. disposition of their cases before all judicial, quasi-judicial, or Those who are citizens of the Philippines at the time of
administrative bodies. the adoption of this Constitution;
(3) Any confession or admission obtained in
violation of this or Section 17 hereof shall be Section 17. No person shall be compelled to be a witness Those whose fathers or mothers are citizens of the
inadmissible in evidence against him. against himself. Philippines;
(4) The law shall provide for penal and civil Section 18. (1) No person shall be detained solely by reason Those born before January 17, 1973, of Filipino
sanctions for violations of this section as well as of his political beliefs and aspirations. mothers, who elect Philippine citizenship upon reaching
compensation to the rehabilitation of victims of torture the age of majority; and
(2) No involuntary servitude in any form shall
or similar practices, and their families.
exist except as a punishment for a crime whereof the Those who are naturalized in accordance with law.
Section 13. All persons, except those charged with offenses party shall have been duly convicted.
punishable by reclusion perpetua when evidence of guilt is Section 2. Natural-born citizens are those who are citizens of the
Section 19. (1) Excessive fines shall not be imposed, nor Philippines from birth without having to perform any act to
strong, shall, before conviction, be bailable by sufficient
cruel, degrading or inhuman punishment inflicted. Neither shall acquire or perfect their Philippine citizenship. Those who elect
sureties, or be released on recognizance as may be provided by
death penalty be imposed, unless, for compelling reasons Philippine citizenship in accordance with paragraph (3), Section
law. The right to bail shall not be impaired even when the
involving heinous crimes, the Congress hereafter provides for it. 1 hereof shall be deemed natural-born citizens.
privilege of the writ of habeas corpus is suspended. Excessive
Any death penalty already imposed shall be reduced to
bail shall not be required. Section 3. Philippine citizenship may be lost or reacquired in the
reclusion perpetua.
Section 14. (1) No person shall be held to answer for a manner provided by law.
(2) The employment of physical, psychological,
criminal offense without due process of law. Section 4. Citizens of the Philippines who marry aliens shall
or degrading punishment against any prisoner or
(2) In all criminal prosecutions, the accused shall detainee or the use of substandard or inadequate penal retain their citizenship, unless by their act or omission they are
be presumed innocent until the contrary is proved, and deemed, under the law, to have renounced it.
Section 5. Dual allegiance of citizens is inimical to the national PREAMBLE the people and the State. Its goal is to secure the sovereignty of
interest and shall be dealt with by law. the State and the integrity of the national territory.
We, the sovereign Filipino people, imploring the aid of Almighty
V. ART 5 – SUFFRAGE God, in order to build a just and humane society and establish a Section 4. The prime duty of the Government is to serve and
Government that shall embody our ideals and aspirations, protect the people. The Government may call upon the people
Section 1. Suffrage may be exercised by all citizens of the
promote the common good, conserve and develop our to defend the State and, in the fulfillment thereof, all citizens
Philippines not otherwise disqualified by law, who are at least
patrimony, and secure to ourselves and our posterity the may be required, under conditions provided by law, to render
eighteen years of age, and who shall have resided in the
blessings of independence and democracy under the rule of law personal, military or civil service.
Philippines for at least one year and in the place wherein they
and a regime of truth, justice, freedom, love, equality, and
propose to vote for at least six months immediately preceding Section 5. The maintenance of peace and order, the protection
peace, do ordain and promulgate this Constitution.
the election. No literacy, property, or other substantive of life, liberty, and property, and promotion of the general
requirement shall be imposed on the exercise of suffrage. ART 1 – NATIONAL TERRITORY welfare are essential for the enjoyment by all the people of the
blessings of democracy.
Section 2. The Congress shall provide a system for securing the The national territory comprises the Philippine archipelago, with
secrecy and sanctity of the ballot as well as a system for all the islands and waters embraced therein, and all other Sec. 6. The separation of Church and State shall be inviolable.
absentee voting by qualified Filipinos abroad. territories over which the Philippines has sovereignty or
State Policies
jurisdiction, consisting of its terrestrial, fluvial and aerial
The Congress shall also design a procedure for the disabled and
domains, including its territorial sea, the seabed, the subsoil, Section 7. The State shall pursue an independent foreign policy.
the illiterates to vote without the assistance of other persons.
the insular shelves, and other submarine areas. The waters In its relations with other states the paramount consideration
Until then, they shall be allowed to vote under existing laws and
around between, the connecting the islands of the archipelago, shall be national sovereignty, territorial integrity, national
such rules as the Commission on Elections may promulgate to
regardless of their breadth and dimensions, from part of the interest, and the right to self- determination.
protect the secrecy of the ballot.
internal waters of the Philippines.
Section 8. The Philippines, consistent with the national interest,
VI. ART 8 – SOCIAL JUSTICE AND HUMAN RIGHTS
ART 2 – DECLARATION OF PRINCIPLES & STATEMENT POLICIES adopts and pursues a policy of freedom from nuclear weapons
Section 1. The Congress shall give highest priority to the in its territory.
Principles
enactment of measures that protect and enhance the right of all
Section 9. The State shall promote a just and dynamic social
the people to human dignity, reduce social, economic, and Section 1. The Philippines is a democratic and republican State.
order that will ensure the prosperity and independence of the
political inequalities, and remove cultural inequities by Sovereignty resides in the people and all government authority
nation and free the people from poverty through policies that
equitably diffusing wealth and political power for the common emanates from them.
provide adequate social services, promote full employment, a
good.
Section 2. The Philippines renounces war as an instrument of rising standard of living,and an improved quality of life for all.
To this end, the State shall regulate the acquisition, ownership, national policy, adopts the generally accepted principles of
Section 10. The State shall promote social justice in all phases of
use, and disposition of property and its increments. international law as part of the law of the land and adheres to
national development.
the policy of peace, equality, justice, freedom, cooperation, and
Section 2. The promotion of social justice shall include the
amity with all nations. Section 11. The State values the dignity of every human person
commitment to create economic opportunities based on
and guarantees full respect for human rights.
freedom of initiative and self-reliance. Section 3. Civilian authority is, at all times, supreme over the
military. The Armed Forces of the Philippines is the protector of Section 12. The State recognizes the sanctity of family life and
shall protect and strengthen the family as a basic autonomous
social institution. It shall equally protect the life of the mother Section 21. The State shall promote comprehensive rural
and the life of the unborn from conception. The natural and development and agrarian reform.
primary right and duty of parents in the rearing of the youth for
Section 22. The State recognizes and promotes the rights of
civic efficiency and the development of moral character shall
indigenous cultural communities within the framework of
receive the support of the Government.
national unity and development.
Section 13. The State recognizes the vital role of the youth in
Section 23. The State shall encourage non-governmental,
nation-building and shall promote and protect their physical,
community-based,or sectoral organizations that promote the
moral, spiritual, intellectual, and social well-being. It shall
welfare of the nation.
inculcate in the youth patriotism and nationalism, and
encourage their involvement in public and civic affairs. Section 24. The State recognizes the vital role of communication
and information in nation-building.
Section 14. The State recognizes the role of women in nation-
building, and shall ensure the fundamental equality before the Section 25. The State shall ensure the autonomy of local
law of women and men. governments.
Section 15. The State shall protect and promote the right to Section 26. The State shall guarantee equal access to
health of the people and instill health consciousness among opportunities for public service, and prohibit political dynasties
them. as may be defined by law.
Section 16. The State shall protect and advance the right of the Section 27. The State shall maintain honesty and integrity in the
people to a balanced and healthful ecology in accord with the public service and take positive and effective measures against
rhythm and harmony of nature. graft and corruption.
Section 17. The State shall give priority to education, science Section 28. Subject to reasonable conditions prescribed by law,
and technology, arts, culture, and sports to foster patriotism the State adopts and implements a policy of full public
and nationalism, accelerate social progress, and promote total disclosure of all its transactions involving public interest.
human liberation and development.
Held: Yes, Under the 1935 Constitution, the trial court correctly
arrived at the conclusion that the school building as well as the
lot where it is built, should be taxed, not because the second
floor of the same is being used by the Director and his family for
residential purposes, but because the first floor thereof is being
used for commercial purposes. However, since only a portion is
used for purposes of commerce, it is only fair that half of the
assessed tax be returned to the school involved. Moreover, the
exemption in favor of property used exclusively for charitable or
educational purposes is ‘not limited to property actually