Preliminary Examinations Constitutional Law II Arellano University School of Law 2013-2014, First Semester Atty.

Roel Pulido Please answer the following questions: 1. Differentiate between taking under police power and taking under the power of eminent domain (10 points) As to purpose public purpose for eminent domain; prohibition and forfeiture for police power; As to time of taking after deposit of just compensation in eminent domain; immediately for police power As to entitlement to just compensation entitled to just compensation for eminent domain; no entitlement under police power 2. A law school owned a piece of property in the City of Pasay. In its property, it had a school building surrounded by a big area used as a parking lot. In the said parking lot, only students and faculty members are allowed to park. However, students and faculty members are required to get a sticker otherwise, they will not be allowed to park. To get a sticker, students and faculty members need to pay a fee of P100. The City of Pasay learned about this practice. It then assessed A Law School for property taxes supposedly due on the parking lot, arguing that since the Law School was earning from it, the parking lot is not exempted from real estate taxes. A Law School protested. It claimed that the parking lot is used actually, directly and exclusively for educational purposes and hence, must be exempt from taxation. Is A Law School correct? (10 points) A Law School is correct. Providing a parking space for faculty and student is incidental to the purpose of providing quality education. The charging of P100 for the stickers is not for a commercial purpose. Rather, it is a minimal fee to administer the parking lot for the benefit of its faculty and students 3. In the City of Pasig, an aggressive dog escaped from its restraint and bit a resident of the city that caused serious injury to the said resident. In reaction to the incident, the Sangguniang Panglungsod of Pasig passed an ordinance requiring dog owners, regardless of breed of dog they own, to muzzle their dogs at all times. The said ordinance also authorized the local government of Pasig to take all privately owned dogs that are not muzzled so that they may be put to sleep. Resident B filed a case against the City of Pasig to stop the implementation of the ordinance. Before the court, the City of Pasig justified the ordinance as a police power measure to keep the residents safe from dog attacks. If you were the judge, how would you decide (10 points) the ordinance is unconstitutional. The means is unreasonable as it unreasonably tortures the dog and the dog owner with a measure that cannot possibly achieve its public purpose. For one thing, aggressive dogs are created by irresponsible owners. They are not aggressive per se. For another, the measure amounts to cruelty to animals yet it does not prevent aggressive dogs from attacking as it can still attack a child or an elderly person with its body and cause serious injury, notwithstanding the muzzle. 4. Due to the worsening air and noise pollution, Congress passed a law increasing the registration fees of motor vehicles that are ten years old and older. The avowed purpose of the law is to discourage ownership of old and dilapidated motor vehicles that pollute the country. Driver C filed a case questioning the constitutionality of the law, arguing that it violates his right to equal protection as it imposes a bigger burden on him as compared to owners of brand new vehicles. Driver D for his part filed a separate case asking for compensation, arguing that the law effectively deprives him of beneficial use of his car. He thus argues that it is an eminent domain measure without just compensation. (a) Is Driver C correct? Why or why not? (10 points) No. Classifying motor vehicles based on the number of years it has operated is valid as there are substantial distinctions germane to the purposes of the law. It is also a real difference that is not temporary and as long as the law is equally applied to all the falls within the same class, it does not

violate the equal protection clause. (b) Is Driver D correct? Why or why not? (10 points) No, driver D is not correct. The supposed deprivation of beneficial use or the taking is a police power measure and not an exercise of eminent domain. Hence, car owners affected are not entitled to just compensation. 7. Congress passed a law that provided for the establishment of a new international airport. For this purpose, it decided to take huge piece of land owned by the City of Manila. Pursuant to the said law, the MIAA entered the land owned by Manila. The City of Manila protested. It argued that the law is an exercise of eminent domain and hence, the MIAA cannot take the said land without depositing the just compensation due on the property. The Republic of the Philippines argued that there was no taking as the City of Manila is but part of the government bureaucracy. Thus, the Republic claimed that anything owned by the City of Manila is owned by the Republic. Who is correct? (10 points) The City of Manila is correct. Patrimonial property of a local government cannot be taken without just compensation (Zamboanga del Norte vs City of Zamboanga) 8. The tests in determining the validity of the exercise of police power differs depending on what rights are affected. What test is used when property rights are affected? Please explain (10 points) Rational relations test for property rights; reasonable or rational relation between the means employed and its object or purpose What test is used when human rights are affected? Please explain (10 points) Clear and present danger test for human rights; existence of a grave and immediate danger of a substantial evil which the State has a right to prevent. II. Multiple Choice 1. In Lozano v. Martinez, the Supreme Court clarified that: a. A person may be imprisoned for non-payment of debt b. The case represents a clash of the collective good vs individual rights c. To prevent the circulation of worthless checks, individual constitutional rights may be impaired d. None of the above e. All of the above 2. In relation to the regulation of nightclubs, bars, and motels, the Supreme Court decisions have established that a. Closing down bars, motels and nightclubs is a valid exercise of police power b. Protecting morals is a valid reason and hence, the manner by which the bars, motels and nightclubs are regulated does not matter c. Evil men will do evil deeds anywhere hence nightclubs, motels and bars should not be regulated by police power d. None of the above e. All of the above 3. Equal protection of the law means a. The law should apply equally to all men b. The law should apply equally to all citizens c. The law should apply equally to citizens and government officials d. None of the above e. All of the above

4. Procedural due process a. Always require notice and hearing b. Requires notice and hearing only for administrative cases c. Requires notice and hearing in quasi-legislative processes d. None of the above e. All of the above 5. The power of eminent domain may be exercised a. By simply paying just compensation b. By simply taking the property and then, paying just compensation c. Under the authority of the legislature, taking the property, and paying just compensation d. None of the above e. All of the above 6. Taking in eminent domain cases means a. only the actual, physical taking of the property b. only the transfer of title to the government c. using without taking title d. All of the above e. None of the above 7. Property can be taken thru eminent domain for which of the following purposes a. for the building of a golf course b. for setting up a private bank c. for building a factory d. None of the above e. All of the above 8. Police power a. Can be exercised by the President b. Can be exercised by the police c. Can be exercised by the Senate d. All of the above e. None of the above 9. Assuming PDEA agents find a one hectare farm planted with marijuana. a. The PDEA can use the power of eminent domain to take the land b. The PDEA can use the power of eminent domain to take the marijuana c. The PDEA cannot do anything d. All of the above e. None of the above 10. Substantive due process a. Is the same as procedural due process b. Is absolute and does not change over time c. Must be in accordance with the Presidents agenda d. All of the above e. None of the above YOU HAVE THREE DAYS