Due Process Notes
Due Process Notes
Due Process Notes
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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
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These are:
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