Constitutional Law Reviewer
Constitutional Law Reviewer
Constitutional Law Reviewer
Public Relations Officers, Mikyla Cordero Volunteer Core Head, Ayla Monica Cristobal
Creative Director
Members
Genesis Sapla Jr. ACKNOWLEDGEMENT
TABLE OF CONTENTS
B. Parts of a Constitution............................................................... 1
B. Sovereignty................................................................................ 16
C. State Immunity.......................................................................... 18
D. Separation of Powers.................................................................. 22
F. Delegation of Powers.................................................................. 24
D. Modes of Acquiring.................................................................... 37
V. LEGISLATIVE DEPARTMENT..................................................... 40
A. Legislative Power....................................................................... 40
E. Discipline of Members................................................................ 53
H. Powers of Congress................................................................... 60
A. Concepts.................................................................................. 83
A. Common Provisions................................................................... 94
A. Suffrage................................................................................ 199
C. Candidacy............................................................................. 209
D. Campaign.............................................................................. 216
F. Remedies............................................................................... 220
A. Concepts.................................................................................. 267
Power vested by the Constitution in the A law enacted in the exercise of police
legislature to make, ordain and establish all power to regulate or govern certain
manner of wholesome and reasonable laws, activities or transactions could be given
statutes and ordinances, either with retroactive effect and may reasonably
penalties or without, not repugnant to the impair vested rights or contracts. (Ortigas
Constitution, as they shall judge to be for and Co. vs. Court of Appeals, G.R. No.
the good and welfare of the commonwealth, 126102,
and for the subject of the same. (MMDA vs. December 4, 2000)
Bel-Air Village Association, Inc. G.R. No.
135962, March 27, 2000) Police power prevails over contracts.
(Philippine National Bank vs. Office of the
Characteristics President G.R. No. 104528, January18, 1996)
Requisites of Valid Exercise (Limitations) GENERAL RULE: Within the territorial limits
(for local government units)
a. Lawful Subject – the interest of the public
generally, as distinguished from that of a EXCEPTION: When exercised to protect water
particular class, requires its exercise; and supply. (Wilson vs. City of Mountain Lake Terraces,
417 P.2d 632, August 18, 1966)
b. Lawful Means/Method – the means
employed are reasonably necessary for the b. Must not be contrary to law
accomplishment of the purpose and not
unduly oppressive upon individuals. (Lucena Municipal governments are only agents of
Grand Central Terminal, Inc. vs. JAC2018 Liner, the national government. Local councils
Inc., G.R.No.148339, February 23, 2005; see exercise only delegated legislative powers
also conferred on them by Congress as the
United States vs. Toribio, G.R. No. L-5060, national lawmaking body. The delegate
January 26, 1910) cannot be superior to the principal or
exercise powers higher than those of the
Sec. 2 of COMELEC Resolution No. 2772,
latter. (Magtajas vs. Pryce Properties, G.R.
which mandates newspapers of general
No.
circulation in every province or city to
111097, July 20, 1994)
provide free print space of not less than ½
page as COMELEC space, was held to be an
By virtue of a valid delegation, the power
invalid exercise of the police power there
may be exercised by the President and
being no showing of the existence of a
administrative boards as well as by the
national emergency or imperious public
lawmaking bodies of municipal corporations
necessity forthe taking of the print space,
or local governments under an express
nor that the resolution was the only
delegation by the Local Government Code
reasonable and calibrated response to such
of 1991. (MMDA vs. Viron Transport Co., Inc.,
necessity. (Philippine Press Institute vs.
G.R. No. 170656, August 15, 2007)
COMELEC, 244 SCRA 272, May 22, 1995)
Nota Bene:
- Rational Basis Test is used if there is clash Constitutional Limitations against Police
between the right of the state vs. the right Power
of the person.
- Clear and Present Danger test is used if a. Due Process Clause
there is life and liberty right involved. b. Equal Protection Clause
- If there is clash between the right of one
person vs the right of another person, which The conflict, therefore, between police power
is more important is preferred. and the guarantees of due process and
- If life and liberty vs. property, life and liberty equal protection of the laws is more
is preferred. NB: In using rational basis test, apparent than real. Properly related, the
there must be medical, scientific finding, power and the guarantees are supposed to
empirical evidence, and/or statistical data. coexist. The balancing is the essence or,
Private property shall not be taken for The Court held that RA 1383 merely directs that
public use without just compensation (Sec. all waterworks belonging to cities, municipalities
9, Art III, 1987 Constitution) and municipal districts in the Philippines be
transferred to NAWASA for the purpose of
It is the power of the State that enables it placing them under the control and supervision
to forcibly acquire private lands intended of one agency with a view to promoting their
for public use upon payment of just efficient management. There is no confiscation
compensation to the owner. (Association of because NAWASA is directed to pay the districts
Small Landowners in the Philippines, Inc. vs. with an equal value of the assets of NAWASA.
Secretary of Agrarian Reform, G.R. No. 78742,
July 14, 1989) The Baguio Waterworks System, however, is a
property owned by Baguio in its proprietary
Requisites for a valid exercise character. A waterworks system is patrimonial
property of the city that established it. Hence,
Requisites:
POLICE POWER OF POWER OF
a. Additional taxes are imposed POWER (SLDC EMINENT TAXATION
b. On the same subject vs DSWD, G.R. DOMAIN (Villanueva vs.
No. 19966, (Manotok vs City of Iloilo,
c. By the same taxing jurisdiction NHA, G.R. No.
April 25, 2017) G.R. No. L-
d. During the same period L-55166-67,
e. For the same purpose 26521,
May 21, 1987)
f. Covering the same kind of character of tax December 28,
(Nursery Care Corporation vs. Acevedo, G.R. 1968)
No. a. Lawful a. There a. Public
180651, July 30, 2014) subject is purpose
b. Lawful means genuine b. Uniformity
necessity c. Within the
Despite lack of specific constitutional
b. Private jurisdiction of
prohibition, double taxation will not be When exercised property the taxing
allowed if the same will result in a violation by a delegate: c. Taking in authority
of the equal protection clause. However, if the d. Certain
certain properties are subjected to an a. Expressly constitution guarantee
additional tax whereas others similarly granted al sense against
situated are not similarly taxed, the owners by law d. Public use injuries
of the first properties would have a right to b. Within e. Just to
the compensati individuals
complain.
territorial on shall be
limits f. Due provided.
Double taxation is described as "direct
c. Must not be process of
duplicate taxation. For double taxation to
contrary to law
exist, the same property must be taxed
law
twice, when it should be taxed but once."
Double taxation has also been "defined
astaxing the same person twice by the TAX EXEMPTIONS
same jurisdiction for the same thing.
(Victorias Requisite: No law granting any tax exemption
Milling vs. The Municipality of Victorias, G.R. No. shall be passed without the concurrence of a
L-21183, September 27, 1968) majority of all the Members of Congress (Sec.
28[4], Art. VI, 1987 Constitution)
The Court held that there was no double
taxation against Victorias Milling. First. The Instances of Tax Exemption under the
two taxes cover two different objects. Constitution
Section 1 of the ordinance taxes a person
operating sugar centrals or engaged in the
Similarities (Cruz, Constitutional Law, 2015, A charge fixed by statute for the
p.84) service to be performed by an officer,
where the charge has no relation to
the value of the services performed
a. Inherent in the State; and where the amount collected
b. Necessary and indispensable; eventually finds its way into the
c. Methods by which State interferes with treasury of the branch of the
government whose officer or officers
private property;
collected the charge, is not a fee but a
d. Presuppose equivalent compensation; and tax." (Cooley on Taxation, Vol. 1,
e. Exercised primarily by the Legislature. 4th edition p.
110.)
Tax exemptions are to be
Differences (Cruz, Constitutional Law, 2015,
construed in strictissimi juris
p.84)
against the taxpayer and liberally
in favor of the taxing authority
POWER OF POWER OF
and should be granted only by
POLICE POWER EMINENT TAXATION
clear and unmistakable terms.
DOMAIN
(Commissioner of Internal Revenue vs.
City Trust Investment Philippines., Inc., Basis
G.R. No. 139786, September 27, 2006) Public necessity Necessity of Power
and right of State the property emanating
License Fee vs. Tax (Nachura, Outline and of public for from
Reviewer to public use. necessity
in Political Law, 2014 p. 71) selfprotection (Lifeblood
GENERAL RULE: Exercised by the Legislature. The right to privacy is enshrined in our
Constitution and in our laws. It is defined as
EXCEPTION: When validly delegated: "the right to be free from unwarranted
exploitation of one‘s person or from intrusion
a. Police Power: to the (1) President, (2) into one‘s private activities in such a way as to
administrative bodies, or (3) law-making cause humiliation to a person‘s ordinary
bodies of the local government units sensibilities.‖ It is the right of an individual "to
b. Power of Eminent Domain: to the (1) be free from unwarranted publicity, or to live
President, (2) Law-making bodies of the without unwarranted interference by the public
local government units, (3), public in matters in which the public is not necessarily
corporations, (4) quasi-public concerned." Simply put, the right to privacy is
corporations, and (5) administrative "the right to be let alone." The Bill of Rights
bodies (NOTE: The grant of the power of guarantees the people‘s2018 right to privacy
eminent domain to local government units and protects them against the State‘s abuse of
under Republic Act No. 7160 cannot be power. In this regard, the State recognizes the
understood as equal to the pervasive and right of the people to be secure in their houses.
all-encompassing power vested in the Not even the State, except "in case of
legislative branch of the government.) overriding social need and then only under the
c. Power of Taxation: to the (1) Law-making stringent procedural safeguards," can disturb
bodies of the local government units (Sec. them in the privacy of their homes. (Spouses
5, Art. X, 1987 Constitution), and (2) Hing vs. Choachuy, G.R. No. 179736, June 26,
President 2013)
(Sec. 28[2], Art. VI, 1987 Constitution)
The Constitution protects personal autonomy as
part of the Due Process Clause in the Bill of
Rights. (Concurring opinion of Judge Jardeleza in
IX. BILL OF RIGHTS the case of Capin-Cadiz vs. Brent Hospital, G.R. No.
187417, February 24, 2016)