CONSTITUTIONAL LAW 2 (February 17, 2023)

 The importance of the Bill of Rights (Article 3)

o We surrendered power to the Government
o Real power is with the people but we created a representative democracy
o We sacrifice the individual interest of one because of the collective interest of the
people
o Collective vs. Individual
o Though we recognize how difficult it is to manage the collective, we drew a line that
cannot be crossed

o Explanation of the Bill of Rights

o By creating the Bill of Rights, we created a line that can never be crossed
o American Origin; we take it for granted because it is alien to us
 Required by Section 2 of the Tydings Mcduffie Act; Filipinos were said to be
unprepared
o Malolos Constitution; a list of things that were learnt from Spanish Oppression
 Due Process of Law (Article 7, 8, 9, 14, 16, 19)
 Rights against unreasonable searches (Article 10, 13)
 Liberty of Abode (Article 11)
 Privacy and Communication (Article 12)
 Free expression (Article 20, 21)
 History of the Bill of Rights
 Doctrine of Preferred Freedom
o Hierarchy of Rights (PBMEO vs. PBM)
 An indignation rally was done in the case above

 these rights take precedence in the hierarchy of

rights
 Police Power – inherent power of the State

o
o This is a LEGISLATIVE power
o Valid Objective vs. Valid Means in checking the validity of Police Power
 It must be in a law
 For the common good of the people

o
 Is this a valid exercise of police power?
 Legislative power that may be delegated


 A delegated power cannot delegated to other bodies
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 Are the means adopted rationally achieves the goal?


 There was no valid delegation of powers to the MMDA

o
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o
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 Rational relationship test

 Strict Scrutiny – when human rights will be affected by the police power


o Ruling
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
 Police Power
 o
o Kinuha pero hindi inangkin
 Eminent Domain

o
o Kinuha at inangkin

o
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o Zoning ordinance

Asso. of Medical Clinic for Overseas Workers, Inc. v GCC Approved Medical Center Asso., GR
20713
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