[Constitutional Law 1] 2.0 Attributes of a State

Question 1

When confronted with a constitutional question, may a trial court judge render it immediately as unconstitutional based on a prima facie evidence of unconstitutionality?

Answer 1

No, a trial court judge may not render a law as unconstitutional merely based on prima facie evidence of unconstitutionality. Every statute is presumed valid and every reasonable doubt should be resolved in favor of its constitutionality (People vs Siton).

Question 2

Salus populi est suprema lex

Answer 2

The good of the people is the supreme law.

Question 3

A statute which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and different as to its application violates the first essential of due process of law

Answer 3

Void-for-vagueness doctrine

Question 4

A type of legislation which denies rights to one which are accorded to others, or inflicts upon one individual a more severe penalty than is imposed upon another in like case offending

Answer 4

Class legislation

Question 5

What is class legislation?

Answer 5

Class legislation is a type of legislation which denies rights to one which are accorded to others, or inflicts upon one individual a more severe penalty than is imposed upon another in like case offending.

Question 6

What is the purpose of public order laws?

Answer 6

Public order laws are crafted to maintain minimum standards of decency, morality and civility in human society.

Question 7

What is the definition of police powers?

Answer 7

Police powers is the authority of the State to establish such rules and regulations for the conduct of all persons as may be conducive to the public interest (US vs Pompeya).

Question 8

What are the four elements of the State according to the Montevideo Convention?

Answer 8

(1) Permanent Territory(2) Population(3) Sovereignty / Capacity to enter into relations with other States(4) Government

Question 9

What are the inherent powers of the State?

Answer 9

1. Police Power2. Power of Taxation3. Power of Eminent Domain

Question 10

Can the Congress legislate on any matter?

Answer 10

Yes, the Congress may legislate on any matter except when the Constitution says otherwise because the powers of Congress are plenary in nature.

Question 11

What do you mean by “posse comitatus?”

Answer 11

Posse Comitatus means “the power of the county.” Under this power, persons tasked to maintain peace and order are authorized to apprehend violators of the law, and that under this power, these authorized persons may call upon able-bodied citizens (often male) to aid them in apprehending the violators.

Question 12

What do you call the writ when the State is compelled to produce the body of the personn whose liberties were illegally deprived?

Answer 12

Writ of Habeas Corpus

Question 13

What is the only limitation to the police powers lodged in Congress?

Answer 13

The only limitation to police powers of the State is the Constitution.

Question 14

What are the two elements of police power according to the Court in the case of Basco v PAGCOR

Answer 14

(1) an imposition or restraint upon liberty or property(2) in order to foster the common good

Question 15

Is police power inherent in municipal corporations?

Answer 15

No, police powers is not inherent in municipal corporations. Police powers is inherent in the State but it is delegated to the municipal corporations.

Question 16

True or False. The general rule for the power to tax is that it is a limited power on the State so that the welfare of the people may be preserved?

Answer 16

False. As a general rule, the power to tax is incident of sovereignty and is unlimited in its range, acknowledging in its very nature no limits, so that security against its abuse is to be found only in the responsibility of the legislature which imposes the tax on the constituency who are to pay it (Mactan Cebu International Airport v Hon Ferdinand J Marcos).

Question 17

To whom is the power of taxation vested upon?

Answer 17

The power to tax is primarily vested in Congress.

Question 18

Can local legislative bodies exercise the power to tax?

Answer 18

Yes, local legislative bodies may exercise the power to tax, pursuant to Sec. 5 Article X of the 1987 Constitution.

Question 19

Sec. 5 Article X of the 1987 Constitution

Answer 19

Provides for the power of local government units to taxSec. 5 Art. X. CONST. Each local government unit shall have the power to create its own sources of revenues and to levy taxes, fees and charges subject to such guidelines and limitations as the Congress may provide, consistent with the basic policy of local autonomy, Such taxes, fees, and charges shall accrue exclusively to the local governments.

Question 20

Who said that “the power to tax involves the power to destroy?”

Answer 20

US Supreme Court Justice Marshall

Question 21

What does “strictissimi juris” mean?

Answer 21

Strictissimi juris is the doctrine or principle that the law shall be applied strictly against the person receiving the benefit and liberally in favor of the authoritative body imposing the law or granting the benefit. For example, in cases of tax exemptions, laws are construed strctissimi juris against the taxpayer and liberally in favor of the taxing authority (MCIAA vs Marcos).

Question 22

Are the terms “Republic of the Philippines” and “National Government” interchangeable?

Answer 22

No the terms “Republic of the Philippines” and “National Government” are not interchangeable. The rformer is broader and synonymous with “Government of the Republic of the Philippipnes” which is defined by the Administrative Code of 1987 as “corproeate governmental entity through which the functions of government are exerised throughout the Philippines.” The latter on the other hand refers to “the entire machinery of central government, as distringuisehd from the different forms of local governments.”

Question 23

True or false: “Taxes are the lifeblood of the nation.”

Answer 23

TRUE

Question 24

What is the primary purpose of taxation?

Answer 24

The primary purpose of taxation is to generate funds for the State to finance the needs of the citizenry and to advance the common weal.

Question 25

Power of the state to promote public welfare by restraining and regulating the use of liberty and property.

Answer 25

Police Powers of the State

Question 26

What kind of power of the state is used when the purpose is to generate revenue and regulation is merely incidental?

Answer 26

Power of Taxation

Question 27

What kind of power of the state is used when the purpose is to regulate but there is still profit?

Answer 27

Police Powers of the State

Question 28

The ____________ ordains that each of the three branches of government has exclusive cognizance of and is supreme in matters falling within its own constitutionally allocated sphere.

Answer 28

Principle of Separation of Powers

Question 29

What is the logical corollary to the doctrine of separation of powers?

Answer 29

The doctrine of non-delegation of powers.

Question 30

What is the latin maxim that expresses the doctrine of non-delegation of powers?

Answer 30

Potsestas delegata non delegari potest (what has been delegated cannot be delegated).

Question 31

What is the difference between the completeness test and the sufficient standard test? What are these tests for?

Answer 31

In the completeness 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. On the other hand, the second test mandates adequate guidelines or limitations in the law to determine the boundaries of the delegate’s authority and prevent the delgation from running riot.

Question 32

A consequence of the “life-blood” concept of taxation, it’s the principle that strictly construes the law in favor of the authority.

Answer 32

Strictissimi Juris

Question 33

Which branch of government is the power to tax vested upon?

Answer 33

The legislative branch

Question 34

Can you invoke estoppel against the State?

Answer 34

No, you cannot invoke estoppel against the State because the State is not bound by the actions / mistakes of its agents.

Question 35

What is the difference between power of taxation and police powers as stated by the Court in the case of Georchi v DOE?

Answer 35

The purpose of police power is regulation, and the purpose of tax power is revenue.

Question 36

True or false. The power of eminent domain is inherent in the citizens and an indispensable power of the Executive branch of Government.

Answer 36

False. The power of eminent domain is an inherent and indispensable power of the State.

Question 37

How would you describe the power of eminent domain?

Answer 37

The power of eminent domain is described as “the highest and most exact idea of property remaining in the government” that may be acquired for some public purpose thorugh a method “in the nature of a compulsory sale to the State.”

Question 38

Can the State exercise its power of eminent domain for the purpose of expropriating lots to the heads of each executive department?

Answer 38

No, the State cannot exercise its power of eminent domain for the benefit of the heads of the executive departments. The power of eminent domain may only be exercised for some public purpose.

Question 39

What Constitutional provision provides for the limitation on the power of eminent domain?

Answer 39

Section 9 Article III of the 1987 Constitution which mandates that “private property shall not be taken for a public use without just compensation.”

Question 40

Which branch of the Government exercises the power of eminent domain?

Answer 40

The power of eminent domain is exercised by the Legislature.

Question 41

Can the Legislature delegate this power to other branches or deparment of Government?

Answer 41

Yes, the power of eminent domain may be delegated by Congress to the President, administrative bodies, local government units, and even private enterprises performing public services.

Question 42

What are the requisites for the valid exercise of the power of eminent domain?

Answer 42

The requisites for the valid exercise of the power of eminent domain are:(1) the property taken must be a 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.

Question 43

In the case of Manapat v Court of Appeals, why did the Court allow the expropriation of properties when the said expropriation was only by virtue of a Presidential Decre, particularly PD 1072?

Answer 43

The Court allowed the expropriation of the properties in the case of Manapat v Court of Appeals because PD 1072 was an exercise of the legislative powers of then President Marcos, who had both executive and legislative powers under the 1973 Constitution.

Question 44

In the case of TELEBAP v COMELEC, what case did the Supreme Court cite to affirm the validity of RA 6646?

Answer 44

The case of Osmena v COMELEC upheld Sec 11 (b) RA 6646 which prohibited the sale or donation of print space or air time for political ads, except to the COMELEC.

Question 45

What was the contention of TELEBAP in the case of TELEBAP v COMELEC?

Answer 45

The contention was the use of airtime by COMELEC is unconstitutional as (1) it takes property without due process of law, (2) it denies radio and television broadcast companies equal protection of laws, (3) it is an excess of power given to COMELEC.

Question 46

Do television and radio broadcast companies own the airwaves of their franchises?

Answer 46

No, television and radio broadcast companies do not own the airwaves. In the case of TELEBAP v COMELC, the Court held that “radio and television broadcasting companies do not own the airwaves and frequencies through which they transmit broadcast signals and images. They are merely given the temproary privilege of using them. Since a franchise is a mere privelege, the exercise of the privilege may reasonably be burdened with the performance by the grantee of some form of public service.”

Question 47

What Constitutional provision did the Court say to uphold that validity of COMELEC Time and Space

Answer 47

1987 CONST Art XII Sec 6: The use of property bears a social function, and all economic agents shall contribute to the common good. Individuals and private groups, including corporations, cooperatives, and similar colelctive organizations, shall have the right to own, establish, and operate economic enterprises, subject to the duty of hte State to promote distributive justice and to intervene when the common good so demands.

Question 48

It is the power inherent in sovereignty to appropriate and control individual property for the public benefit as the public safety, necessity, convenience or welfare demand.

Answer 48

Power of Eminent Domain

Question 49

According to the dissent of Justice Romero in the TELEBAP case, what are the two limitations on the power of eminent domain?

Answer 49

The two limitations on the power of eminent domain, according to the dissent of Justice Romero, are (1) the purpose of taking must be for public use, and (2) just compensation must be given to the owner of the private property.

Question 50

According to Justice Romero in his dissent in TELEBAP, what is the difference between Police Power and Power of Eminent Domain?

Answer 50

In police power, there is a restriction of property to promote public welfare or interest which involves no compensable taking while in the power of eminent domain, property interest is appropriated and applied to some public purpose, necessitating compensation therefor.Police power = restriction of property for public good and no compensation is needed; Power of eminent domain = property is being appropriated for public good and thus needs compensation

Question 51

Can Congress delegate the power of expropriation to private companies?

Answer 51

Yes, Congress may delegate the power of expropriation to private companies through the enactment of a statute. For example, RA 7942 grants the power of expropriation to qualified mining companies, provided that they act within the limits set forth within the statue.

Question 52

In the Supreme Court case Agata Mining Ventures vs Heirs of Teresita Alaan, did the Court declare that Agata Mining Ventures may exercise their powers of expropriation against the respondents?

Answer 52

No. The Court’s declaration was only that they can file for a complaint for expropriation to the RTC. W/N their complaint for expropriation shall approved thereby allowing them to exercise such powers, the decision falls within the RTC being such a trier-of-facts.