Professional Documents
Culture Documents
a) Police power
b) Power of Imminent Domain
c) Power of Taxation
Police Power defined as the most
essential, insistent, and the least limitable
powers, extending as it does to all the
great public needs.
Chief Justice Shaw defined police power as
the power vested in the legislature by the
constitution to make, ordain, and establish
all manner of wholesome and reasonable
laws, statutes, and ordinances, either with
penalties or without, not repugnant to the
constitution, as they shall judge to be for
the
good
and
welfare
of
the
commonwealth, and of the subjects of the
same.
Power of Eminent Domain - "the power of
the nation or a sovereign state to take, or
to authorize the taking of, private property
for a public use without the owners
consent, conditioned upon payment of just
compensation."
When the State exercises the power of
eminent domain in the implementation of
its
agrarian
reform
program,
the
constitutional provision which governs is
Section 4, Article XIII of the Constitution.
Notably, this provision also imposes upon
the State the obligation of paying the
landowner compensation for the land
taken, even if it is for the governments
agrarian reform purposes.
Power of Taxation - is the act of levying
the tax, i.e., the process or means by
which the sovereign, through its lawmaking body, raises income to defray the
necessary expenses of the government. It
is merely a way of apportioning the cost if
the government among those who in some
measures are privileged to enjoy its
benefits and, therefore, must bear its
burdens.
General Limitations
* Section 1 *
Life includes the right of an individual to
his body in its completeness, free from
dismemberment, and extends to the use
of God-given faculties which make life
enjoyable
Liberty includes the right to exist and the
right to be free from arbitrary personal
restraint or servitude.xxx (It) includes the
right of the citizen to be free to use his
faculties in all lawful ways xxx
The
statute
is repugnant
to
the
Constitution in 2 respects:
(1) It violates due process for failure to
accord persons, especially the parties
targeted by it, fair notice of what conduct
to avoid,
(2) It leaves law enforcers an unbridled
discretion in carrying out its provisions.
It is subject to the same principles
governing overbreadth doctrine. For one,
it is also an analytical tool for testing "on
their faces" statutes in free speech cases.
Like overbreadth, it is said that a litigant
may challenge a statute on its face only if
it is vague in all its possible applications.
An accused is denied the right to be
informed of the charge against him and to
DUE PROCESS where the statute itself is
couched in such INDEFINITE LANGUAGE
that it is not possible for men of ordinary
intelligence to determine therefrom what
acts/omissions are punished.
EQUAL PROTECTION
Equal protection requires that all persons
or things similarly situated should be
treated alike, both as to rights conferred
and responsibilities imposed.
Requisites for Valid Classification
(1) It must rest on substantial distinctions
which make real differences;
(2) It must be germane to the purpose of
the law;
(3) It must not be limited to existing
conditions only.
An ordinance was declared void because it
taxes only centrifugal sugar produced and
exported by the Ormoc Sugar Company
and none other, such that if a new sugar
central is established in Ormoc, it would
not be subject to the ordinance.
(4) Apply equally to all members of the
same class
* Section 2 *
Section 2 deals with tangibles; embodies
the castle doctrine (a man's house is his
castle; a citizen enjoys the right against
OVERBREADTH DOCTRINE
A governmental purpose may not be
achieved
by
means
which
sweep
unnecessarily broadly and thereby invade
the area of protected freedoms.
TESTS
DANGEROUS TENDENCY TEST
If the words uttered create a dangerous
tendency of an evil which the State has
the right to prevent, then such words are
punishable.
(1)
national
security
matters
and
intelligence information - there is a
governmental privilege against public
disclosure with respect to state secrets
regarding military, diplomatic and other
national security matters. But where there
is no need to protect such state secrets,
the privilege may not be invoked to
withhold
documents
and
other
information, provided that they are
examined "in strict confidence" and given
"scrupulous protection."
(2) trade secrets and banking transactions
-trade or industrial secrets (pursuant to
the Intellectual Property Code 27 and
other related laws) as well as banking
transactions (pursuant to the Secrecy of
Bank Deposits Act 28) are also exempted
from compulsory disclosure
(3) criminal matters - Also excluded are
classified law enforcement matters, such
as those relating to the apprehension, the
prosecution
and
the
detention
of
criminals, which courts neither may nor
inquire into prior to such arrest, detention
and prosecution. Efforts at effective law
enforcement
would
be
seriously
jeopardized by free public access to, for
example, police information regarding
rescue operations, the whereabouts of
fugitives, or leads on covert criminal
activities.
(4) other confidential information.
meetings
Cases
Garcia vs Drilon
[Equal Protection]
R.A. 9262 rests on substantial distinctions
A. Unequal power relationship between
men and women
B. Women are the usual and most
likely victims of violence
C. Gender bias and prejudices
II. The classification is germane to the
purpose of the law
III. The classification is not limited to
existing conditions only, and apply equally
to all members
[Deans Notes]
[Ruling]
The Issues
I.
THE COURT OF APPEALS ERRED IN
DISMISSING THE PETITION ON THE
THEORY
THAT
THE
ISSUE
OF
CONSTITUTIONALITY WAS NOT RAISED AT
THE EARLIEST OPPORTUNITY AND THAT,
THE
PETITION
CONSTITUTES
A
COLLATERAL ATTACK ON THE VALIDITY OF
THE LAW.
II.
THE COURT OF APPEALS COMMITTED
SERIOUS ERROR IN FAILING TO CONCLUDE
THAT R.A. 9262 IS DISCRIMINATORY,
UNJUST, AND VIOLATIVE OF THE EQUAL
PROTECTION CLAUSE.
III.
Family
Courts
have
authority
jurisdiction
to
consider
constitutionality of a statute.
and
the
an
amalgamation of two measures, namely,
the "Anti-Domestic Violence Act" and the
"Anti-Abuse of Women in Intimate
Relationships Act"63 providing protection
to "all family members, leaving no one in
isolation" but at the same time giving
special attention to women as the "usual
victims" of violence and abuse,64
nonetheless, it was eventually agreed that
men be denied protection under the same
measure. We quote pertinent portions of
the deliberations:
Wednesday, December 10, 2003
Senator Pangilinan. I just wanted to place
this on record, Mr. President. Some
women's groups have expressed concerns
and relayed these concerns to me that if
we are to include domestic violence apart
from against women as well as other
members of the household, including
children or the husband, they fear that
this would weaken the efforts to address
domestic violence of which the main
victims or the bulk of the victims really are
the wives, the spouses or the female
partners in a relationship. We would like to
place that on record. How does the good
Senator
respond
to
this
kind
of
observation?
Senator Estrada. Yes, Mr. President, there
is this group of women who call
amendment
is
xxxx
Senator Estrada.
President.
Pro
Tempore.
To
the
It
is
accepted,
Mr.
rests
on
substantial
Mock-Trial
REPUBLIC ACT NO. XAYZ
AN ACT DEFINING AND PENALIZING HATE
SPEECH, ESTABLISHING THE ANTI-HATE
SPEECH COMMISSION, AND FOR OTHER
PURPOSES.
Be it enacted by the Senate and House of
Representatives of the Philippines in
Congress assembled:
Sec. 1. Short Title. - This Act shall be
known as "The Anti-Hate Speech Law of
2016."
Section 2. State policy. Consistent with
Article III of the Constitution, it shall be the
policy of the State to prevent, regulate
and curb hate speech as defined in the
next section.
Sec. 3. Definitions
(a) Hate speech is the use of language
to discriminate, humiliate, ridicule or vilify
any person or group of persons by reason
of their religious affiliation, ethnic or
cultural
origins,
or
other
common
characteristics shared by a group of
people making them distinct from others.
For purposes of this Act, such speech must
be communicated to the person or group
publicly, in writing or verbally.
(b) Media disseminated hate speech is
hate speech expressed through traditional
or social media, or both.
(c) Violent hate speech is hate speech
employed to incite violence against the
person or group to which it is inflicted.
(d) Group hate speech is hate speech
employed by groups, formal or informal,
against persons or groups.
(e) Unjust hate speech is hate speech
directed at minorities, the weak, and the
powerful further marginalizing them
Sec. 4. Illegal Acts.
(a) Hate speech is punishable by
imprisonment of minimum 6 months to