Constitutional Law – the study of the balance of authority (police power, power of taxation, eminent

domain) and liberty

- To avoid tyranny or unwarranted primacy of liberty over authority that would result to anarchy
The Constitution is inviolable and supreme of all laws
- Not to be broken (inviolable)
- Fundamental, paramount and supreme law of the nation
- Written in all law and contract
- If LAW and ADMINSTRATIVE RULE violates the constitution , it will be considered as null and void
and has no effect
- Guaranteed rights and power
- Demands utmost respect and obedience
- ENUMERATED in the BILL of RIGHTS!!
Concept and Origin of the Bill of Rights
- Safeguard and the protection of the people against the abuse of power
- Constitution of LIBERTY
- Posing limitations of the power of the state
- Started in 1215 (Magna Carta)
CLASSIFICATION OF CONSTITUTIONAL RIGHTS
1. Political Rights – right to participate, directly or indirectly
- Vis-à-vis – the management of government
- Right to suffrage
- Right to citizenship
- Political Rights
2. Civil Rights – a law that will be impose in an instance for the purpose of securing them
- Citizenship,
- Freedom of Speech
- Religion
- Travel and abode (place of residence)
- Rights of accused
- Measures against involuntary servitude (slave)
3. Social and Economic Rights
- Security of economical well being
- Equal protection clauses
- Non-imprisonment by reason of debt or non payment of poll tax
- Payment of just compensation (taking of property of the government)

The Fundamental Powers of the State (the essence of a government)

A. Police Power - enact measures for the promotion of the general welfare of the people
- Subject to reasonable means of the state
- The violative of the all fundamental right to due process and equal protection of laws.
B. Taxation – the power of the state to collect fees and revenues. To sustain the STATE, (for development and
security)
C. Eminent Domain – power to take away property,
- Real or personal for public use
- Payment of just compensation
SIMILARITIES
POLICE POWER EMINENT DOMAIN TAXATION
INHERENT INHERENT INHERENT
NECESSARY and NECESSARY and INDISPENSABLE NECESSARY and INDISPENSABLE
INDISPENSABLE
Interferes with Private Interferes with Private Property Interferes with Private Property
Property
Presuppose Equivalent Presuppose Equivalent Presuppose Equivalent
Compensation Compensation Compensation
LEGISLATIVE LEGISLATIVE LEGISLATIVE

DIFFERENCES
POLICE POWER EMINENT DOMAIN TAXATION
Regulates LIBERTY and Affects Property Rights Affects Property Rights
PROPERTY (Altruistic Feeling)
 Exercise only in GOVERNMENT
PROPERTY TAKEN – NOXIOUS
COMPENSATION – Intangible,
altruistic feeling
Exercise only PRIVATE ENTITIES
WHOLESOME – Public Use or
Purpose
Full and Fair equivalent of the
property TAKEN
Exercise in GOVERNMENT
WHOLESOME – Public Use or
Purpose
PROTECTION GIVEN and PUBLIC
IMPROVEMENTS

PRESUMPTION OF CONSTITUTIONALITY
- Means that courts, in passing upon the validity of a law, will afford some differences to the
statute and charge the party assailing it with the burden of showing that the act is incompatible
with the constitution.
-
THE CONSTITUTION AND INTERNATIONAL HUMAN RIGHTS
- UNIVERSAL DECLARATION OF HUMAN RIGHTS
- The Philippines has passed relevant Laws in order to respect, protect and fulfill its obligation to
comply and ensure the fulfillment of civil and political, and socio – economic rights.

II. POLICE POWER

Definition, Scope and Basis

- Power vested in Legislature (to make, ordain and establish reasonable laws, statutes and
ordinances)
- Power of promoting public welfare by restraining and regulating the use of liberty and property
- Prevails against Contracts
- Cannot rise against statute, constitution
Characteristics
- PERVASIVE (Spreading Widely) Cannot bargain away though a treaty or a contract
- Least Limitable
- Demanding
- Most essential , insistent and illimitable
- Extend than restrict kind of power
- Measured by Reasonableness
- Reasonable – human judgement applied to the facts and circumstances
Who exercise said power?
- Legislature passes power down to the executive. President – LGU

TEST OF POLICE POWER

- Lawful Subject - Lawful Means
- Public Interest, General Welfare - Accomplishment of the purpose and
not duly oppressive

LAWS AND ORDINANCE

- Interference with private rights
- Reasonably necessary, not unduly oppressive to individuals

EDUCATION LAWS as an EXERCISE of POLICE POWER

- State (has a high responsibility for the education of its citizens)
- Regulation or administration of educational institutions – tertiary Level
ZONING and REGULATORY ORDINACE
- Made in regulatory manner, not in prohibitive or coercive in nature
General WELFARE CLAUSES
- Delegates in statutory form the police power to a municipality. Secion 16, Local Government
Code of 1991 – “General Welfare Clause”.

ADMINSTRATIVE Rules and Regulations