1.

Define police power.

It is the power vested in the legislature by the Constitution to make, ordain, establish all manner of wholesome and reasonable laws for the good and welfare of the State and its people. (ERMITA MALATE HOTEL VS. CITY MAYOR, July 31, 1967)

2. What are the basic purposes/aspects of police power: a. to promote the general welfare, comfort and convenience of the people; (ASSOCIATION OF SMALL LANDOWNERS VS. SECRETARY, 175 SCRA 343; US VS. TORIBIO, 15 Phil. 85 b. to promote and preserve public health; (VILLANUEVA VS. CASTANEDA, September 21, 1987; DECS VS. SAN DIEGO, 180 SCRA 533 [NMAT]; LORENZO VS. DIRECTOR OF HEALTH, 50 Phil. 595apprehend and confine lepers in a leprosarium) c. to promote and protect public safety; (AGUSTIN VS. EDU, 88 SCRA 195; TAXICAB OPERATORS VS. JUINIO, 119 SCRA 897 ) d. to maintain and safeguard peace and order; (GUAZON VS. DE VILLA)

e. to protect public morals; (DE LA CRUZ VS. PARAS, 123 SCRA 569; ERMITA MALATE HOTEL VS. CITY MAYOR, July 31, 1967; JMM PROMOTIONS VS. CA, 260 SCRA 319; VELASCO VS. VILLEGAS, February 13, 1983) f. to promote the economic security of the people. (ichong vs. hernandez, 101 Phil. 11155)

3. Distinguish police power with power of eminent domain. The distinctions are: 1. The power of eminent domain is the inherent right of the State to condemn or to take private property for public use upon payment of just compensation while police power is the power of the state to promote public welfare by restraining and regulating the use of liberty and property without compensation; 2. In the exercise of police power, enjoyment of a property is restricted because the continued use thereof would be injurious to public welfare. In such case, there is no compensable taking provided none of the property interests is appropriated for the use or for the benefit of the public. Otherwise, there should be compensable taking if it would result to public use.

3. Properties condemned under police power are usually noxious or intended for noxious purpose; hence , no compensation shall be paid. Likewise, in the exercise of police power, property rights of private individuals are subjected to restraints and burdens in order to secure the general comfort, health and prosperity of the state. (Didipio earth savers multi purpose association vs. denr sec. Elisea gozu, et al., 485 scra 586)

4. What are the tests for a valid exercise of police power a. the interests of the public, not mere particular class, require the exercise of police power; (LAWFUL SUBJECT) b. the means employed is reasonably necessary for the accomplishment of the purpose and not unduly oppressive to individuals. (LAWFUL MEANS). In short, the end does not justify the means.

5. Define due process. Due process is a law which hears before it condemns, which proceeds upon inquiry and renders judgment only after trial (Per Daniel Webster in the DARTMOUTH COLLEGE CASE)

6. What are the Kinds of Due Process? a. substantive due process requires the intrinsic validity of the law in interfering with the rights of the person to life, liberty or property. In short, it is to determine whether it has a valid governmental objective like for the interest of the public as against mere particular class. b. Procedural due processone which hears before it condemns, or the procedure as pointed out by Daniel Webster.

7. What are the requisites of judicial due process? As held in BANCO ESPANOL VS. PALANCA, 37 Phil. 921. The requisites are: 1. There must be an impartial court or tribunal clothed with judicial power to hear and decide the matter before it;

2. Jurisdiction must be lawfully acquired over the person of the defendant or over the property subject of the proceedings; 3. 4. The defendant must be given the opportunity to be heard; Judgment must be rendered only after lawful hearing.

8. What are the requisites of due process before administrative bodies? As held in TIBAY VS. CIR, 69 Phil. 635, the requisites are: a. b. c. d. e. the right to a hearing which includes the right to present evidence; the tribunal must consider the evidence presented; the decision must have something to support itself; the evidence must be substantial; the decision must be based on the evidence presented during the hearing;

f. the tribunal or body must act on its own independent consideration of the law or facts; g. the board or body shall in all controversial questions, render its decision in such a manner that the parties to the proceedings can know the various issues involved.

9. If an accused was represented by a non-lawyer during the trial of his criminal case, what right of the said accused was violated? Is he entitled to a new trial? If an accused was represented by a non-lawyer during the trial (though he thought that he was a lawyer), his right to due process was violated and therefore entitled to a new trial. (DELGADO VS. CA, November 10, 1986)

10. What are the requisites of procedural due process in disciplinary actions against students? As held in GUZMAN VS. NU, 142 SCRA 706, the requisites are:

1. The students must be informed in writing of the nature and cause of any accusation against them; 2. They shall have the right to answer the charges against them, with the assistance of counsel; 3. They shall be informed of the evidence against them; 4. They shall have the right to adduce evidence in their own behalf; 5. The evidence must be duly considered by the investigating committee or official designated by the school authorities to hear and decide the case. 111. May a school punish its students for illegal acts committed outside the school premises and beyond school hours but within the semester where they are enrolled? Yes because they still carry the name of the school and their actuations affect the reputation of the school. ( ANGELES VS. SISON, 112 SCRA 26) This rule was reiterated in the cased of DE LA SALLE UNIVERSITY VS. CA (2008) where a rumble between two fraternities took place outside the school campus but the students involved were EXPELLED by the school. The Supreme Court, however, while conceding the power of the school over its students held that the penalty of expulsion is too harsh a penalty. It should be EXCLUSION, meaning, they are not allowed to enroll at the De La sale but they should be given transfer credentials so that they may enroll in another school.

112. What are the underlying principles behind the constitutional proscription that the State cannot be sued without its consent? By reason of public policy (if every citizen is allowed to sue the government, it will be distracted from performing its functions to serve the people and it will be left just answering cases in court), by reason of sovereignty (the people shall not be allowed to sue the very entity that gives it said right;) and by reason of consent (when the people ratified the Constitution which includes the provision that the State cannot be sued without its consent, it has consented or waived said right to sue).

113. How may the State gives its consent to be sued? Expressly when there is a law allowing it and impliedly when it enters into a contract with an individual because in the latter, it descended to the level of an individual making it susceptible to counterclaims or suits.

114. May the government be sued in the exercise of its governmental functions? Yes if the government agency has a charter which allows it to be sued. (RAYO VS. CFI OF BULACAN, 110 SCRA 456). Also, the government is not allowed to invoke its immunity from suit if by doing so, it will be causing an injustice to its citizens. (MINISTERIO VS. CFI of Cebu, 40 SCRA and SANTIAGO VS. REPUBLIC, 87 SCRA 294)

115. Is the US Government also immune from suit in the Philippines in connection with the exercise of its governmental functions? Yes. This was the ruling in U.S. VS. RUIZ, 136 SCRA where it was held that even if there is a contract entered into by the US Government but the same involves its jusre imperii functions (governmental functions, it cannot be sued. It is only when the contract involves its jus gestiones or business or proprietary functions that it may be sued.

116. Are local governments also entitled to invoke immunity from suit? Yes.

117. May a municipality be held liable for damages as a result of the death of a person arising from the collapse of a stage constructed by the local government in connection with its town fiesta? No, a town fiesta I a business or proprietary function since no law requires any town, city, province or barangay to hold an annual fiesta. (TORIO VS. FONTANILLA, 85 SCRA 599)

118. May the government still be held liable to a private individual if the contract it entered into is void but the other party had already complied with his obligations under said agreement? Yes, because the government shall not enrich itself at the expense of its citizens. (DEPARTMENT OF HEALTH VS. C.V. CANCHELA, et al., 475 SCRA 218)

101. What are the requirements for a valid change of residence for purposes of the requirement on residence under the Local Government Code? In the case of DUMPIT-MICHELENA VS. COMELEC, it was held that to validly effect a change of residence, there must be animus manendi coupled with animus non revertendi. The intent to remain in the new domicile of choice must be for an indefinite period of time, must be voluntary and the residence at the new domicile must be actual.

102. Is the 3-term limit of elected local officials applicable to a term acquired through succession? No, the 3-term limit applies only if the official was DULY ELECTED to the said position for three (3) consecutive terms, not by succession. (BENJAMIN BORJA VS. COMELEC, and JOSE T. CAPCO, JR., G.R. No. 133495, September 3, 1998)

103. In the creation of a new province, city, municipality or barangay or when it will be divided, merged or abolished, or its boundary substantially altered, who shall vote in the plebiscite to be conducted? All the residents of the political units affected, i.e., former and new local government unit to be formed, must participate in the plebiscite. (TAN VS. COMELEC, 142 SCRA 727 and Padilla vs. COMELEC, 214 SCRA 735 abandoning the doctrines in PAREDES VS. EXECUTIVE SECRETARY, 128 SCRA 6 and LOPEZ VS. METRO MANILA COMMISSION, 136 SCRA 633)

104. What are the grounds for impeachment? Only for Culpable violation of the constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust.

105. What is the extent of a judgment in impeachment cases? Judgment in cases of impeachment shall not extend further than removal from office and disqualification to hold any other office under the Republic of the Philippines but shall nevertheless be liable to prosecution, trial and punishment according to law.

106. When is an impeachment complaint deemed initiated to bar another complaint within a period of one year? As held in FRANCISCO VS. SPEAKER JOSE DE VENECIA, ET AL, 415 SCRA 44, November 10, 2003, an impeachment complaint deemed initiated to be a bar to the filing of another complaint within a 1-year period upon its [a] filing; and [b] COUPLED WITH CONGRESS TAKING INITIAL ACTION OF SAID COMPLAINT.

107. Who investigates and prosecutes public officials for crimes committed in the performance of their official duties? Exception: It is the Office of the Ombudsman and the Office of the Special Prosecutor except if the offense is in violation of election laws, rules and regulations wherein only the COMELEC has the power to investigate and to file the appropriate information in court. (Corpuz vs. Tanodbayan, 149 SCRA 281)

108. What is covered by the academic freedom provision of the 1987 Constitution? It covers not only academic freedom on the part of the school but also those of the teachers, professors and the students because the provision states that Academic freedom shall be enjoyed in all institutions of higher learning while under the 1973 Constitution, only institutions of higher learning enjoy academic freedom because the provision then states that all institutions of higher learning shall enjoy academic freedom (Art. XV, Section 8 [1], 1973 Constitution.

109. What is the extent of academic freedom on the part of schools? It includes the power to determine: a. b. c. who may teach, what may be taught, how it shall be taught, and

d. who may be admitted to study (Emphasis supplied; citing Sinco, Philippine Political Law, 491, (1962) and the concurring opinion of Justice Frankfurter in Sweezy v. New Hampshire (354 US 234 [1957], GARCIA VS. FACULTY ADMISSION, 68 SCRA 277).

110. Does academic freedom on the part of the school carries with it the power to revoke a degree or honor it has bestowed to its students? Yes. As held in UP BOARD OF REGENTS VS. CA, August 31, 1999, academic Freedom includes the power of a University to REVOKE a degree or honor it has conferred to a student after it was found out that the students graduation was obtained through fraud. Academic freedom is given a wide sphere of authority. If an institution of higher learning can decide on who can and cannot study in it, it certainly can also determine on whom it can confer the honor and distinction of being its graduates. 91. Is there such a thing as next-in-rank or seniority rule in filling up vacancies in the classified civil service? No. As held in Medenilla vs. CSC, February 19, 1991, there is no need to wait for the deadwoods to retire before one may be promoted to fill-up a vacancy as a result of the presence of other employees with longer years of service or next-in-rank. What is important is that the appointee meets all the qualifications for the said position.

92. What is the extent of the powers of the CSC in appointment cases? It has only the power to approve the appointment if the appointee meets all the qualifications and the power to deny the appointment if the appointee does not meet the qualifications. IT DOES NOT HAVE THE POWER TO SUBSTITUTE THE APPOINTEE CHOSEN BY THE APPOINTING AUTHORITY WITH ANOTHER WHICH IT BELIEVES TO BE MORE QUALIFIED.

93. Is the position of City or Provincial Legal Officer a primarily confidential position? Yes, as held in CADIENTE VS. SANTOS, 142 SCRA 280, the Provincial Legal Officer is a primarily confidential office, but not his assistant. The same was reiterated in SAMSON VS. CA, 145 SCRA where it was held that The City Legal officer is a primarily confidential officer.

94. May govt. employees form unions for purposes of collective bargaining and to strike against the government?

As held in ALLIANCE OF GOVT. WORKERS VS. MOLE, 124 SCRA and Executive Order No. 180 , June 1, 1987, government employees may form unions but not authorized to strike or demand for collective bargaining agreement with the government. authorizing govt. employees to form unions.

95. May government employees be removed without cause as a result of a government reorganization? No. This is clear from RA 6656, June 10, 1988 , which is An act to protect the security of tenure of civil service officers and employees in the implementation of government reorganization. There must be full compliance of the due process requirement. It must be based on just cause and with due process.( DARIO VS. MISON, August 8, 1989, FLOREZA VS. ONGPIN, February 26, 1990, MENDOZA VS. QUISUMBING, June 4, 1990, DOTC vs. CSC, October 3, 1991, Romualdez vs. CSC, August 12, 1993 and Torio vs. CSC, 209 SCRA 677)

96. May a person be appointed in a temporary capacity as a Commissioner of the Commission on Elections? No, Section 1, Art. IX-C provides that In no case shall any member be appointed or designated in a temporary or acting capacity. (Brillantes vs. Yorac, Dec. 18, 1991)

97. What are the more important powers of the COMELEC? Under Section 2, Art. IX-C, its powers are to enforce and administer all laws relative to the conduct of election, plebiscite, initiative, referendum and recall.original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective regional, provincial and city officials and appellate jurisdiction over all contests involving elective municipal officials decided by courts of general jurisdiction and elective barangay officials decided by trial courts of limited jurisdiction. Also, it has the power to: a. b. c. Deputize law enforcement agencies, including the AFP.. Register political parties, except religious groups File complaints for violation of election laws

d. Regulate the enjoyment or utilization of all franchises for the operation of transportation and other public utilities, media of communication..

98. Which court has jurisdiction over election cases involving municipal and barangay officials? Election cases involving municipal official shall be filed before the RTC whose decision may be appealed to the COMELEC. Those involving barangay officials shall be filed with the MTC whose decision is likewise subject to appeal to the COMELEC whose decision in both instances is final and not appealable. 99. Where must election cases involving city and provincial officials be filed? It must be filed with the COMELEC, not with the courts. 100. Does the President have discretion on the release of the Internal Revenue Allotment (IRA) for the Local Government Service Equalization Fund (LGSEF) and may she validly impose conditions for the release thereof? No, local governments have fiscal autonomy under Art. X of the 1987 Constitution. As held by the Supreme Court in the case of PROVINCE OF BATANGAS VS. HON. ALBERTO ROMULO, ET AL., May 27, 2004, automatic release of funds of Local Government Units, particularly the IRA, is mandated with no conditions imposed for its release. To allow the President to impose conditions for the release of the IRA amounts to control to local government units when the Presidents power over local government units is confined to general supervision, not power of control as enunciated in Drilon vs. Lim, 235 SCRA 135.

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