Attributes of the State Flashcards
US v. Pompeya (Police Power)
- Can Police power be delegated to LGUs? (TAMASE)
- Is this a valid exercise of police power? Giving LGUs the power to order people to participate in patrols.
- How did the court define police power? (POMPEYA)
- Bonus how the US system works
- YES
- Yes it’s valid because the ordinance was created to further the purpose of public welfare.
- Conform general behavior to the rules of propriety
- Good manners and good neighbor
- National Congress v. State Congress (US)
The general rule is that Congress has authority to legislate only upon the questions expressly stated in the Constitution of the United States, while the state legislature may legislate upon all questions, not expressly conferred upon Congress, nor prohibited in its constitution.
Rubi v. Provincial Board (Police Power)
- So how did the court define police power? (Rubi)
- Law of Overruling necessity
- Power of the gov. Cannot be limited.
“The idea to UNIFY the people of the Philippines so that they may approach the HIGHEST CONCEPTION OF NATIONALITY.”
- “The police power of the State,” one court has said, . . . “is a power coextensive with self-protection, and is not inaptly termed the ‘law of OVERRULING NECESSITY.’ It may be said to be that inherent and plenary power in the State which enables it to prohibit all things hurtful to the comfort, safety and welfare of society.” (Lake View vs. Rose Hill Cemetery Co. [1873], 70 Ill., 191.)
Waste lands do not produce wealth. WASTE PEOPLE do not advance the interest of the State. Illiteracy and thriftlessness are NOT CONDUCIVE TO HOMOGENEITY. The State to protect itself from destruction must prod on the laggard and the sluggard. The great law of OVERWHELMING NECESSITY is all convincing.
Basco v. PAGCOR
- What happened?
- Why is this assigned under police power?
- How is Police power defined in Basco v. Pagcor?
- What happened?
Charter of Pagcor unconstitutional, constitutes an erosion of public morals among other things. - Why is this assigned under police power?
The charter is giving authority to regulate. It’s relevant because the heart of police power is REGULATORY FUNCTION.(TAMASE) - How is Police power defined in Basco v. Pagcor?
It’s scope is ever expanding to meet the exigencies of time. Provides enough room for a reasonable and flexible response
Binay v. Domingo (Police Power)
- What is the General Welfare Clause?
- Valid Delegation
Inferred and Express Delegation - Police Power Definition
- Elements of Police Power as an Authority to legislate
- Basis of Police Power (2 Latin phrases)
- General welfare is generally understood to be the LOCAL VERSION of police power.
- Police power is inherent in the state but not in municipal corporations (Balacuit v. CFI of Agusan del Norte, 163 SCRA 182).
A valid delegation of police power may arise from EXPRESS delegation, or be INFERRED from the mere fact of the creation of the municipal corporation; and as a general rule, municipal corporations may exercise police powers within the FAIR INTENT AND PURPOSE of their creation which are reasonably proper to give effect to the powers expressly granted, and statutes conferring powers on public corporations have been construed as empowering them to do the things essential to the enjoyment of life and desirable for the safety of the people.
According to the Court, police power is “defined as the ‘state authority to enact legislation that may interfere with personal liberty or property in order to promote the general welfare. (Edu v. Ericta, 35 SCRA 481, 487).’”
- Two elements of police power as an authority to legislate:
- May impose a restraint upon liberty or property
- In order to foster the common good.
Police power is the power to prescribe regulations to promote the health, morals, peace, education, good order or safety and general welfare of the people. It is the most essential, insistent, and illimitable of powers. In a sense it is the greatest and most powerful attribute of the government. It is elastic and must be responsive to various social conditions. (Sangalang, Et. Al. v. IAC, 176 SCRA 719)
- “The welfare of the people is the supreme law”
Salus populi est suprema lex
“use your own property in such a manner as not to injure that of another”
Sic utere tuo et alienum non laedas
People v. Siton (Police Power)
WARNING DO NOT CITE AWFUL DECISION
Vagrancy Case
TAMASE COMMENT
The court is saying the law punishing vagrants is valid because it is a police power measure. Diba circular yan?
The court is so prone to make that mistake. It makes it so that the justification of the law is police power.
By virtue of a law being passed in the exercise of its police power, does that make the law unimpeachable?
Kasi your constitution functions as the limit to police power, that’s why void for vagueness and equal protection
Mactan-Cebu Airport v. Cebu (Tax Power)
- Tax Rules
- Do local legislative bodies have the power to tax?
Mactan-Cebu Airport
What was this all about in the first place?
Whether or not the airport was liable to pay real property taxes to the LGU because of the repeal of their tax exemptions.
What was the ruling of the court?
Yes they’re liable, because their exemption was repealed by the LGC.
The direction of the state is to give LGU as much autonomy as possible over their internal revenue.
- The application of tax is construed against the government. (Power to Destroy)
- Tax exemptions are construed against the exempted. (Lifeblood)
- Yes it’s conferred by the Constitution.
PBCOM v. CIR (Tax)
- The SPRING CANNOT RISE HIGHER THAN THE SOURCE
- Estoppel against the Government
ISSUE : W/N the Court of Appeals erred in denying the plea for tax refund or tax credits on the ground of prescription, despite petitioner’s reliance on RMC No. 7-85, changing the prescriptive period of two years to ten years?
What does this tell you about the power of taxation as it pertains to CIR and Congress?
-BIR IMPLEMENTS the TAX, when congress passess a tax the BIR is empowered to implement and issue regulations that would facilitate the collection of taxes.
- It’s NOT A DELEGATION of the power to tax.
- Cannot AMEND the Tax Law
- The SPRING CANNOT RISE HIGHER THAN THE SOURCE
- When the BIR implements laws it cannot exceed the authority granted by laws. - Core Principle of Public Law - YOU CANNOT INVOKE ESTOPPEL AGAINST THE STATE
State cannot be bound by the mistakes of its agents.
Gerochi v. DOE (Tax)
A law gave imposed a universal charge on electricity that was enforceable by the Energy Regulation Commission (ERC).
- Police Power v. Tax Power
(How to differentiate) - What if a law forwards both regulatory and tax objectives?
- Requirements for Valid Delegation of Legislative Power (Police Power)
- What kind of power was delegated?
- TAX POWER : If generation of revenue is the primary purpose and regulation is merely incidental, the imposition is a tax; but
POLICE POWER : if regulation is the primary purpose, the fact that revenue is incidentally raised does not make the imposition a tax.
- These are examples of regulatory and tax objectives are forwarded by the same statute but the CLASSIFICATION RELIES ON PRIMARY PURPOSE. (TAMASE)
- Completeness Test
Under the first test, the law must be complete in all its terms and conditions when it leaves the legislature such that when it reaches the delegate, the only thing he will have to do is to enforce it.
Sufficient Standard
The second test mandates adequate guidelines or limitations in the law to determine the boundaries of the delegate’s authority and prevent the delegation from running riot. - Police Power
Manapat v. CA (Eminent Domain)
Grace Park Appropriation Case
- Eminent Domain Delegateable ,to admin agency
- Eminent Domain Requisites (5)
- Is Genuine Necessity a political question?
- Eminent Domain is Delegateable.
Just like its two companion fundamental powers of the State, the power of eminent domain is exercised by the Legislature. However, it may be delegated by Congress to the President, administrative bodies, local government units, and even to private enterprises performing public services
2.
this Court has recognized the following requisites for the valid exercise of the power of eminent domain:
(1) the property taken must be PRIVATE property;
(2) there must be GENUINE NECESSITY to take the private property;
(3) the taking must be for PUBLIC USE;
(4) there must be payment of JUST COMPENSATION; and
(5) the taking must comply with DUE PROCESS of law.
TELEBAP v. COMELEC (Eminent Domain)
- TELEBAP and GMA were arguing that COMELEC TIME constituted a “taking of private property”.
- The government owns natural resources. GMA can only use the airwaves by virtue of their franchise.
- The franchise is a privilege and can be revoked by the government at any time.
Art. XII Sec 11
“any such franchise or right granted… shall be subject to amendment, alteration or repeal by the Congress when the common good so requires.”
- Not Eminent Domain because of the first requirement “Private Property”. GMA does not own the airwaves.
Agata Mining v. Heirs of Alaan (Eminent Domain)
- Eminent Domain is delegateable to private company in contract with the government.
- It is further delegateable to companies in operating agreement with the initial private company.
- Government agreement with MINIMAX
- MINIMAX operating agreement with AGATA
CA 137 PD 463 PD 512 and RA 7942 granted qualified mining operators the authority to exercise the power of eminent domain.
