1987 Philippine Constitution PDF

Accountability on Public Officer, Citizenship, and Suffrage. I. The 1987 Constitution of the Philippines ○ Constitution of Liberty: Article III (Bill of Rights)...

Accountability on Public Officer, Citizenship, and Suffrage. I. The 1987 Constitution of the Philippines ○ Constitution of Liberty: Article III (Bill of Rights). ○ Constitution of Sovereignty: Articles II and XVII. Sovereignty to be understood in two ways: Preamble ○ Provisions set out the manner by which the Constitution may be changed; and We, the sovereign Filipino people, imploring the aid of ○ Provisions on the Constitution of Government Almighty God, in order to build a just and humane set out allocation of powers among the society, and establish a Government that shall embody branches of government; a series of provisions outline the organization of government and our ideals and aspirations, promote the common good, enumerate its powers. conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of II. Constitutional Construction independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and Verba Legis peace, do ordain and promulgate this Constitution. The words used in the Constitution must be given their ordinary meaning except where technical Constitution terms are employed; literal interpretation. A system of fundamental laws for the governance and administration of a nation. It is supreme, Ratio legis est anima imperious, absolute and unalterable except by the Where there is ambiguity, the words of the authority from which it emanates (the PEOPLE). Constitution should be interpreted in accordance Prescribes the following: with the intent of the framers. ○ Permanent framework of government In construing the Constitution, the court should ○ Assigned departments respective powers and bear in mind the object sought to be accomplished duties and the evils sought to be prevented or remedied. ○ Fixed principles on which government is A doubtful provision shall be examined in light of founded (can be seen in Article 2 as later the history of the times and the conditions and explained in Arts. 12, 16 and 18). circumstances under which the Constitution was framed. Body of basic laws; simultaneously a legal, political and social instrument. This looks into the purpose of the law. Our constitution is considered rigid and written; Constitution should be deemed permanent Ut magis valeat quam pereat The Constitution has to be interpreted as a whole. Marbury v. Madison earliest articulation of the Sections bearing on a particular subject should be source/author of the constitution (people) → people construed and interpreted together as to effectuate have original right. the whole purpose of the Constitution and one The Constitution provides for the manner of which section should not be allowed to defeat another. it may be modified. The provisions in the Constitution are considered Doctrine of Constitutional Supremacy fundamental in character. If a law or contract violates any norm of the The Constitution may control legislative acts or constitution, that law or contract, whether legislation may change the constitution. promulgated by the legislative or by the executive branch or entered into by private persons for private Constituent Power for private purposes, is null and void and without Power that gives constitutions their open, any force and effect. provisional, and dynamic qualities, keeping them Since the constitution is the fundamental, responsive to social change. paramount and supreme law of the nation, it is The power to formulate a Constitution or to propose deemed written in every statute and contract. amendments to or revisions of the Constitution and When the courts declare a law to be inconsistent to ratify such proposals. with the constitution, the former shall be void and the latter shall govern. How Should the Constitution Be Read? Administrative or executive acts, orders and Three Parts of the Constitution: regulations shall be valid only when they are not ○ Constitution of Government: Articles VI, VII, VIII, contrary to the laws or the Constitution. and IX; Articles on Local Government, CONSTITUTIONAL LAW 1: MIDTERMS NOTES Block 1E, University of the Philippines College of Law  Usually less formal and narrower in subject. To clarify, treaties and executive agreements are not III. Sources of Law wholly the same. An executive agreement can be distinguished from a treaty based on two essential Constitution features: Literally self-explanatory ○ The existence of an executive agreement must be "traceable to an express or implied Statutes authorization under the Constitution, statutes, Also self-explanatory or treaties"; and Enrolled Bill Doctrine: once a Bill passes a legislative ○ treaties are regarded as "superior to executive body, the courts assume that all rules of procedure agreements." in the enactment process were properly followed. Must yield in case it is in conflict with the Constitution, statute or other treaty. Treaties International agreement governed by international Domesticating International Law (see PHAP) law and concluded between States in written Incorporation: done via judicial action for custom; form…whether embodied in a single instrument or customary laws. Legal basis found in Article II, in two or more related instruments and whatever its Section 2. particular designation. Transformation: via executive and legislative action. President: Negotiates on treaties as the chief Legal basis found in Article VII, Section 21. architect of foreign policy and ratifies the treaty. Senate: Concurs with the ratification; need a two- Executive Orders and Proclamations thirds vote. Article VII, Section 21 is the legal basis for this. IRRs and Administrative Issuances Supreme Court: only court that can declare a treaty unconstitutional. Article VIII, Section 5 (2) as legal Ordinances/Bangsamoro Autonomy Act basis. Judicial Decisions Reservations Article 8, New Civil Code Unilateral statements made by a State whereby it purports to exclude or modify the legal effect of IV. Judicial Power, Judicial Review, and certain provisions of the treaty in their application Jurisdiction to the State. Its purpose is to ensure that the national policymakers are not unduly constrained in advancing their countries’ national policy ARTICLE VIII, SECTION 1 objectives amid efforts to enhance investment opportunities (See IDEALS v. Senate). Judicial Power Includes the duty of courts of justice to settle actual National Treatment Rule controversies involving rights which are legally A party to an agreement is prohibited from treating demandable and enforceable, and to determine the services, service suppliers, investors, and whether or not there has been a grave abuse of investment of the other party less favorably than it discretion amounting to lack or excess of treats those provided by its own nationals. jurisdiction on the part of any branch or instrumentality of the Government, Most-Favored-Nation Treatment A party shall accord to the services and and service Judicial Review supplies of the other party treatment no less The power of the courts to test the validity of favorable than what it would afford to non-Parties. executive and legislative acts for their conformity with the Constitution. Through such power, the Executive Agreement judiciary enforces and upholds the supremacy of Also considered an international agreement and is the Constitution. binding, however it does not need concurrence by ○ See La-Bugal B’laan: The Supreme Court the Senate after executive ratification since they assessed the validity of a legislative act (the simply implement existing policies and are entered Mining Law), an executive act (service contract into to adjust an already existing treaty, pursuant to contracted by the parties), and a contract. an act of the legislature, in the exercise of the President’s independent power. CONSTITUTIONAL LAW 1: MIDTERMS NOTES Block 1E, University of the Philippines College of Law  This power is not explicitly provided in the Courts are not agencies that can act on their own Constitution, but it can be inferred in the text of Art. initiative; there must be an actual case present in VII, Section 1. order for the court to act on its judicial power. The principle of judicial review was inherited from Actual Case leads to → exercise of Judicial Power → the US (See Marbury v. Madison). The principle does activating the court’s power to Judicial Review. not need to be expressly granted as it is nothing more than the Court exercising its power to Personal and substantial interest of the party raising interpret the law. the constitutional question (locus standi). Legislative discretion is not subject to judicial Basic test to determine whether litigant can bring a review. case to suit; specific term used in relation to JRev. This is so Courts don’t overburden their dockets. Elements of Judicial Review Real party in interest for cases not questioning constitutionality of an act; any other suit → party There is an actual case or controversy. has material/substantial interest. Requisites: Basic test: one who wishes to challenge the ○ Proof of injury anchored in real events constitutionality of an act must be able to establish ○ Clear and convincing contrariety of Legal Rights that they have or will suffer a direct and substantial Party must show that the act is so contrary injury as a result of an unconstitutional act. to their rights that there is no interpretation but a factual breach of Exercise of judicial review is pleaded at the earliest rights; opportunity. The only way to interpret the provision is “At the earliest possible opportunity” – i.e. in the one that is unconstitutional; and pleading Party must show the case cannot be It may be raised in a motion for reconsideration or settled unless the constitutional issue is new trial in the lower court. settled. In criminal cases — at any stage of the proceedings A justiciable controversy refers to an existing case or on appeal. or controversy that is appropriate or ripe for judicial In civil cases — where it appears clearly that a determination; not one that is conjectural or merely determination of the question is necessary to a anticipatory, lest the Court issue an advisory decision, and in cases where it involves the opinion. (See La Bugal B’laan). It is not enough that jurisdiction of the court below. legislation has been passed, there needs to be the requisites before one can say there is an actual case The constitutional question raised is the very lis mota or controversy. of the case. There is an existence that is ripe for adjudication → Where the constitutional question is of paramount opposite is there is no conflict; speculative or moot public interest and time is of the essence in the and academic. resolution of such a question, adherence to the ○ Something that is not ripe for judicial review is strict procedural standard may be relaxed and the a bill (no effect at all). court, in its discretion, may squarely decide the ○ Ripeness = something has been accomplished case. or performed by either branch before the court Where the question of validity, though apparently came into the picture. has become moot, has become of paramount Rationale for Imposing this Element: interest and there is undeniable necessity for a ○ Avoid breach of powers ruling, strong reasons of public policy may demand Without this element, the Court may be that its constitutionality be resolved. given legislative or executive powers. Without this element, anyone can go to Jurisdiction court regardless if they sustained or will The power and authority of a court to hear and sustain injury from an act. decide a case. A court’s jurisdiction over the subject ○ Avoid advisory opinions being rendered by the matter of the action is conferred only by the Courts Constitution or by statute. It is inconsistent with their role as the final Jurisdiction being a matter of substantive law, the arbiter established rule is that the statute in force at the It renders the judicial department time of the commencement of the action inefficient/weak (See IDEALS v. Senate; p. determines the jurisdiction of the court → 13). Governing Law Principle. CONSTITUTIONAL LAW 1: MIDTERMS NOTES Block 1E, University of the Philippines College of Law  The nature of an action and the subject matter ordinary course of law that could free them from thereof, as well as which court or agency of the the injurious effects of respondents' acts in government has jurisdiction over the same, are violation of their right to freedom of expression; determined by: and ○ The material allegations of the complaint in ○ The petition includes questions that are relation to the law involved and the character of "dictated by public welfare and the the reliefs prayed for. advancement of public policy, or demanded by ○ Whether or not the complainant/plaintiff is the broader interest of justice, or the orders entitled to any or all of such reliefs. complained of were found to be patent nullities, or the appeal was considered as clearly an Doctrine of the Hierarchy of Courts inappropriate remedy. Generally applies to cases involving factual See Chavez v. Public Estates Authority as an questions. exception to the doctrine of the hierarchy of courts. Strict observance is given to this doctrine and it is a constitutional imperative given: Exhaustion of Administrative Remedies ○ The Structure of our Judicial System: The Does not apply when the issue is purely legal or Constitution determines the venues of appeals constitutional. The Supreme Court can hear and and the appropriate forum for the Issuance of decide on a case if it’s purely legal in nature extraordinary writs. notwithstanding the case directly being brought to ○ The Requirements of Due Process: The Supreme the Supreme Court. Court is not equipped to rule on both questions of fact and law. The Court, whether in the Cause of Action exercise of its original or appellate jurisdiction, A cause of action is an act or an omission of one is not equipped to receive and evaluate party in violation of the legal right or rights of evidence in the first instance. That is in the another, causing injury to the latter. The essential province of the Trial Courts. elements are the following: On matters regarding jurisdiction of Courts, these ○ A right in favor of the plaintiff; cases must start from the lowest court until the SC ○ An obligation on the part of the named as the final arbiter. This is so lower courts may defendant to respect or not to violate such right; exercise the rights and responsibilities conferred and unto them by the Constitution and so the Supreme ○ Such defendant’s act or omission violates the Court can prioritize more pressing cases. right of the plaintiff or constitutes a breach of The transcendental importance doctrine does not the obligation of the former to the latter. clothe the Supreme Court with the power to tackle factual questions and play the role of a trial court. Relief The only circumstance when the SC may take Relief is the specific coercive measure prayed for as cognizance of a case in the first instance, despite a result of the violation of plaintiff’s or petitioner’s the presence of factual issues, is in the exercise of rights. our constitutionally-expressed task to review the sufficiency of the factual basis of the President's Remedy proclamation of martial law under Section 18, Article A remedy is what the courts can provide to a party VII of the 1987 Constitution. (See Gios-Samar v. DOTC and is designed to address the harm suffered by a and CAAP) party due to the unlawful actions or omissions of Exceptions to the Doctrine of Hierarchy of Courts: another party. ○ When there are genuine issues of constitutionality that must be addressed at the Third Party Standing as Locus Standi most immediate time; ○ When the issues involved are of transcendental Standing as a tax-payer importance; People can bring suit as tax-payers if the assailed ○ Cases of first impression (See Chavez v. PEA); law is publicly funded. ○ The constitutional issues raised are better There must be a claim of illegal disbursement of decided by the Court; public funds or that the tax measure is ○ Exigency in certain situations; unconstitutional. ○ The filed petition reviews the act of a constitutional organ; Standing as a legislator ○ When petitioners rightly claim that they had no People who can bring a suit are those affected as other plain, speedy, and adequate remedy in the legislators. CONSTITUTIONAL LAW 1: MIDTERMS NOTES Block 1E, University of the Philippines College of Law  There must be a claim that the official action Collateral attacks on a presumably valid law are not complained of infringes their prerogatives as allowed. Unless a law, rule, or act is annulled in a legislators. direct proceeding, it is presumed valid. It is a question that is not directly related to the Standing as voters main matter in dispute between the parties. When There must be a showing of obvious interest in the the constitutionality of a certain government act validity of the election law in question. and, in doing so, collaterally questions the constitutionality of another law that is presumably Standing as ordinary citizen valid. Requisites: enforcement of a public right that is espoused by a Filipino citizen. V. Questions of Law and Question of Fact; Limited to any citizen challenging the Political Questions. constitutional validity or factual sufficiency of martial law and suspension of writ of habeas corpus Question of Law (Cruz). Arises when there is doubt as to what the law is on They are also advancing a public right. a certain state of facts. There must be a showing that the issues raised are The question must not involve an examination of of transcendental importance which must be the probative value of the evidence presented by the settled early (See IDEALS v. Senate). litigants or any of them; the resolution of the issue must rest solely on what the law provides on the Transcendental Importance given set of circumstances. This is an exception to the rule on locus standi. The Court can hear a case when it involves an issue Question of Fact with an overarching significance over society. While there is a question of fact when the doubt Can be loosely extended as an independent arises as to the truth or falsity of the alleged facts. justification for direct recourse to this Court. Requirements (merely instructive; formulated by Political Questions Justice Feliciano): Questions which are addressed to the people in ○ The character of the funds or other assets their sovereign capacity except that the people may involved in the case (government to have delegated that authority to the legislative and government i.e. PhilHealth and PDAF); executive branch. ○ The presence of a clear case of disregard of a It is a policy question. constitutional or statutory prohibition by the ○ See Falcis: The SC felt like the petition was public respondent agency or instrumentality of inadequate as it did not meet the elements for the government; and judicial review, thus they would be encroaching ○ The lack of any other party with a more direct upon a policy question. and specific interest in raising the questions being raised. VI. Valid Decision of the Court Moot and Academic The purpose has become stale, no practical relief Requirements of a Valid Decision can be granted, relief has no practical effect → A decision that does not conform to the form and dismiss the case. substance required by the Constitution and the law Exceptions: is void and deemed legally inexistent. ○ If capable of repetition yet evading review. To be valid, decisions should comply with the form, ○ If public interest requires its resolution. the procedure and the substantive requirements ○ If rendering decision on the merits would be of laid out in the Constitution, the Rules of Court and practical use. the relevant circulars/orders of the Supreme Court. Article VIII, Section 14: “No decision shall be Presumption of Constitutionality rendered by any court without expressing therein A provision is considered constitutional unless it is clearly and distinctly the facts and the law on which proven otherwise. it is based. No petition for review or motion for Hence the reason for the double negative “not reconsideration of a decision of the court shall be unconstitutional.” refused due course or denied without stating the legal basis therefore.” Collateral Attack CONSTITUTIONAL LAW 1: MIDTERMS NOTES Block 1E, University of the Philippines College of Law Resolutory or Dispositive Portion Supreme Court in its final decisions. It is based on The resolution of the Court on a given issue as the principle that once a question of law has been embodied in the dispositive part of the decision or examined and decided, it should be deemed settled order is the invesitive or controlling factor that and closed to further argument. Basically, it is a bar determines and settles the rights of the parties and to any attempt to relitigate the same issues for two the questions presented therein, notwithstanding simple reasons: the existence of statements or declaration in the ○ Economy body of said order that may be confusing. ○ Stability The following test of completeness may be applied: The principle of stare decisis only applies to cases ○ First, the parties should know their rights and where the facts are substantially similar. obligations; In our jurisdiction, the principle is entrenched in ○ Second, there should be no need for further Article 8 of the Civil Code. proceedings to dispose under alternative Only the Supreme Court sitting en banc can reverse contingencies; what was once considered a judgment that was ○ Third, there should be no need for further used repeatedly under the principle of stare decisis. proceedings to dispose of the issues; and ○ Fourth, the case should be terminated Significance of Separate Opinions according to the proper relief. The proper relief Separate Opinions are not authoritative. usually depends upon what the parties seek in It can act as an obiter dictum in succeeding cases. their pleadings. It may declare their rights and If a similar case presents itself to the court, the duties, command the performance of the justice in the future may benefit from what they positive obligations, or order them to abstain established in a separation opinion (transcendental from specific acts. The disposition must also importance was first seen in a separate opinion of J. adjudicate costs. Feliciano). Nature of Judicial Decisions VII. Separation of Powers Article 8, New Civil Code “Judicial decisions…shall form part of the legal system of the Philippines.” Doctrine of Separation of Powers Jurisprudence in our system of government cannot The principle of separation of powers refers to the be considered as an independent source of law; it constitutional demarcation of the three cannot create law. While it is true that the judicial fundamental powers of government; it means that decisions which apply or interpret the Constitution the “Constitution has blocked out with deft strokes or the laws are part of the legal system of the PH, still and in bold lines, allotment of power to the they are not laws. executive, the legislative and the judicial Judicial decisions, though not laws, are nonetheless departments of the government.” evidence of what the laws mean, and it is for this To the legislative branch of government, through reason that they are part of the legal system of the Congress, belongs the power to make laws; to the Philippines. Judicial decisions of the SC assume the executive branch of government, through the same authority as the statute itself. President, belongs the power to enforce laws; and to Judicial decisions applying or interpreting the laws the judicial branch of government, through the or the constitution shall form part of the legal Court, belongs the power to interpret laws. system of the PH. Only decisions of the SC establish Because the three great powers have been, by jurisprudence and are binding on all other courts. constitutional design, ordained in this respect, Lower Courts can decide on the constitutionality of “each department of the government has exclusive a law. However, the determination of a lower court is cognizance of matters within its jurisdiction, and is not binding. Something needs to be declared by the supreme within its own sphere.” SC in order for it to be binding. ○ See Article VIII, Section 5: Courts may decide Executive Department upon Constitutional questions and this is not Power to Execute Laws exclusive to the Supreme Court because lower ○ Executive power shall be vested in the courts can also decide upon constitutional President. questions. ○ Power to execute, implement, enforce, carry into effect laws and policies (set out in the Principle of Stare Decisis Constitution, the laws, and Supreme Court The principle of stare decisis enjoins adherence by decisions). lower courts to doctrinal rules established by the CONSTITUTIONAL LAW 1: MIDTERMS NOTES Block 1E, University of the Philippines College of Law  ○ The President shall ensure that laws be ○ Permissible delegation of legislative power faithfully executed (the President shall have ○ The legislative process control of all the executive departments, Other powers as vested under the Constitution. bureaus, and offices). Control and Supervision (executive branch of VIII. Remedies government — departments, bureaus and offices). Control includes: ○ Act directly whenever a specific function is Rule 65 of the Rules of Court entrusted by law or regulation to a subordinate; This rule controls who can be the respondent in a ○ Direct the performance of duty; suit. ○ Restrain the commission of acts; When a party wishes to challenge the ○ Review, apprive, reverse, modify acts and constitutionality of a legislative and executive act, decisions of subordinate officials or units; the remedies available are petitions for certiorari or ○ Determine priorities in the execution of plans prohibition. and programs; ○ Prescribe guidelines, plans and programs; and Petition for Certiorari ○ Reorganization (transfer of unit, transfer of This leads to a writ of certiorari functions, abolish, consolidate, or merge units). Directed towards any tribunal exercising judicial Executive Powers and quasi-judicial bodies. ○ Execute laws; appoint; control and supervise Examinable Under this Remedy executive branch and LGUs; ordinance-making ○ Acts that result in GAD resulting in lack of power; executive clemency. excess of jurisdiction Powers Integral to Legislation An act is considered null and void if the act is found ○ Veto power; to have been done in excess or lack of jurisdiction. ○ Delegated authority; “When any tribunal, board or officer exercising ○ Power to address the legislature, certify bills as judicial or quasi-judicial functions has acted urgent; call special legislative; power to prepare without or in excess its or his jurisdiction, or with the annual budget and to submit the NEP to grave abuse of discretion amounting to lack or Congress. excess of jurisdiction, and there is no appeal, or any Other Powers plain, speedy, and adequate remedy in the ordinary ○ Commander-in-Chief; civilian authority over the course of law, a person aggrieved thereby may file a military; call out the AFP; suspend the privilege verified petition in the proper court…praying that of writ of habeas corpus, declare martial law judgment be rendered annulling or modifying the (Art. 7, Sec. 18). proceedings of such tribunal, board or officer, and ○ Diplomatic Powers. granting such incidental reliefs as law and justice may require.” Legislative Department Used as a corrective measure to examine the action Congress as a law-making body and one of three of an inferior tribunal. departments under the American form of presidential system Petition for Prohibition ○ Bicameral Congress This works similarly with the petition for certiorari, ○ Repository of inherent powers of the State however it may prevent, prohibit or enjoin an act. Qualification and election of members “When the proceedings of any tribunal, corporation, ○ Senators elected at large board, officer or person, whether exercising judicial, ○ House representatives elected by (a) legislative quasi-judicial or ministerial functions, are without district and (b) under the party-list system or in excess of its or his jurisdiction, or with grave ○ Disabilities, privileges and immunities abuse of discretion amounting to lack or excess of Organization of each house jurisdiction, and there is no appeal or any other ○ Election of officers plain, speedy, and adequate remedy in the ordinary ○ Necessity of quorum course of law, a person aggrieved thereby may file a Deliberations verified petition in the proper court…praying that ○ Internal rules of procedure (parliamentary judgment be rendered commanding the process) respondent to desist from further proceedings in ○ Discipline of members the action or matter specified therein, or otherwise Law-making powers granting such incidental reliefs as law and justice ○ Plenary legislative power may require.” ○ Substantive and procedural requirements Is addressed to the Court itself. CONSTITUTIONAL LAW 1: MIDTERMS NOTES Block 1E, University of the Philippines College of Law  PBMEO Doctrine: Primacy of Constitutional Human Petition for Mandamus Rights Over Property Rights as “Property and Leads to a writ of mandamus property rights can be lost thru prescription; but “When any tribunal, corporation, board, officer or human rights are imprescriptible.” person unlawfully neglects the performance of an “Cold neutrality of an impartial judge” is important act which the law specifically enjoins as a duty to deliver due process. (See Javier v. COMELEC) resulting from an office, trust, or station, or unlawfully excludes another from the use and Facial Challenge enjoyment of a right or office to which such other is Legal Basis: Article VIII, Section 5. entitled, and there is no other plain, speedy and Elements: adequate remedy in the ordinary course of law, the ○ Statute invalid on its face. person aggrieved thereby may file a verified petition ○ Imminent violation of fundamental rights that in the proper court…commanding the is so widespread that virtually any citizen can respondent…to do the act required to be done to raise it. protect the rights of the petitioner, and to pay the A case where there is an actual case without factual damages sustained by the petitioner by reason of breach or contrariety of rights, but the Court hears the wrongful acts of the respondent.” this anyway based on predicted harms. The statute Requisites: is invalid on its face. This is an exception to the ○ Legal Right of the Plaintiff; prohibition on third-party standing. ○ Correlative Obligation of the Defendant with An examination of the entire law, pinpointing its respect to that legal right; and flaws and facts, not only on the basis of its actual ○ An act or omission of the defendant that operation to the parties, but also on the assumption violates such right. or prediction that its very existence may cause Cause of action does not accrue until the party others not before the court to refrain from obligated refuses, expressly or impliedly, to constitutionally protected speech or activities. comply with the duty. (See De Leon v Duterte) Grounded on the void-for-vagueness doctrine; concerns itself with protected speech. Someone can Petition for Declaratory Relief raise this for themself or for third persons as it has Found in Rule 63 of the Rules of Court a chilling effect. “Section 1. Who may file petition. — Any person A statute suffers from vagueness when it violates interested under a deed, will, contract or other due process for failure to accord persons fair notice written instrument, or whose rights are affected by of the conduct to avoid and it leaves law a statute, executive order or regulation, ordinance, enforcement with unbridled discretion in carrying or any other governmental regulation may, before out provisions and becomes an arbitrary exercise of breach or violation thereof bring an action in the power. appropriate Regional Trial Court to determine any This used to only apply to cases pertaining question of construction or validity arising, and for violations of freedom of speech and expression, a declaration of his rights or duties, thereunder.” but it has since been expanded to cover other fundamental freedoms and government acts that violate constitutional provisions on emergency IX. Due Process Clause measures (i.e. suspension of writ of habeas corpus). Due Process Article III, Section 1 As Applied Challenge Due Process requires that laws and government A case where the courts determine the existence of actions must be fair, reasonable, and follow proper an actual case based on factual allegations by the legal procedures before depriving a person of life, petitioner. liberty, or property. It ensures that individuals are Can raise any constitutional grounds (absence of given notice, an opportunity to be heard, and due process, lack of fair notice, lack of ascertainable protection against arbitrary actions by the state. standards, overbreadth or vagueness). Can only be If a statute does not state or imply any definitive used by someone asserting their own rights. governmental purpose, then it is violative of the Prohibits assailing the constitutionality of a statute Due Process and Equal Protection Clauses. based on the violation of a third person’s rights. A statute violates the due process clause if it deprives an individual of property without any X. Equal Protection Clause existing valid governmental purpose. CONSTITUTIONAL LAW 1: MIDTERMS NOTES Block 1E, University of the Philippines College of Law  Equal Protection Four Aspects of Freedom of Speech Article III, Section 1 Prior Restraint: Refers to the official governmental Equal Protection mandates that all individuals in restrictions on the press or other forms of similar situations be treated equally under the law. expression in advance of actual public or It prohibits the government from enacting laws that dissemination. Freedom from censorship. Previous discriminate between people or groups without a restraints may be permitted by the Constitution, valid reason, and requires that any distinctions but one must determine if the restraint is: made by the law must be justified by a legitimate ○ Content-neutral: controls time, place and state interest. manner; only substantial government interest is needed to be determined; subject to an When can there be classifications intermediate approach. It is based on substantial distinctions; Looks somewhere between the rationality It is germane to the purpose of the law; of the law and a compelling state interest; It is not limited to existing conditions only; governmental interest is unrelated to the and freedom of expression. It applies equally to all members of a class. ○ Content-based: controls utterance of speech; restricts freedom of speech or of the pressed Levels of Scrutiny based on content. Must be challenged by the Levels of Scrutiny: 3 levels for reviewing the clear and present danger rule. constitutionality of a classification in a law: It does not pass the test if it works on ○ Rational Basis Scrutiny: The classification must hypothetical fears; it works by showing a be rationally related to a legitimate state substantive and imminent evil that has interest. taken the life of a reality already on the ○ Intermediate Scrutiny: The government must ground. show that the classification serves an Must serve an important government important state interest and is substantially interest unrelated to the suppression of related to achieving that interest. free speech. Restriction cannot be broad. ○ Strict Judicial Scrutiny: A classification Freedom from Punishment Subsequent to affecting fundamental rights or suspect Publication classes is presumed unconstitutional. The Freedom of Access to Information government must prove it is necessary to Freedom of Circulation achieve a compelling state interest and is the least restrictive means to do so. XII. Self-Executing Provisions See Serrano v. Gallant Maritime Services Self-Executing Provision XI. Freedom of Speech Provisions in the Constitution that do not require legislative acts to “activate” it. The limitation on the freedom of speech is tested by Its mere inclusion in the Constitution makes a the clear and present danger test in the Philippines. breach of that provision a cause of action in a suit. A provision may only be partially self-executing, like Tests for Restraints on Freedom of Speech in the case of Art. XII, Section 10 (EDUs). Dangerous Tendency Doctrine: Permits limitations on speech once a rational connection has been Cues to identify a self-executing provisions established between the speech restrained and the A constitutional provision is self-executing if: danger contemplated. The nature and the extent of the right conferred; Balancing of Interests: Used as a standard when The liability imposed are fixed by the constitution courts need to balance conflicting social values and itself, so that they can be determined by an individual interests, and requires a conscious and examination and construction of its terms; and detailed consideration of the interplay of interests There is no language indicating that the subject is observable in a given situation. referred to the legislature for action. Clear and Present Danger Rule: Rests on the premise that speech may be restrained because there is Examples of Self-Executing Provisions substantial danger that the speech will likely lead to Article II, Sections 15 and 16 (right to health and an evil the government has a right to prevent. healthful ecology). Article II, Section 28 (because of its twin provision, Article III, Section 7). CONSTITUTIONAL LAW 1: MIDTERMS NOTES Block 1E, University of the Philippines College of Law  Article XII, Section 10, Paragraph 2. state policies by the Constitution itself, thereby The entire Bill of Rights is self-executing! highlighting their continuing importance and imposing upon the state a solemn obligation to Conflicting Views on Self-Executing Provisions preserve the first and protect and advance the In Tañada v. Angara, self-executing provisions have second. to be determined. Article II, Section 19 In Manila Prince, all provisions are assumed to be To be read together with Article II, Section 1, Article self-executing. XII, Sections 10 and 12 (Filipino First Policy). Article II, Section 28 XIII. Provisions and their Corresponding Twin provision of Article III, Section 7. Principles Access to information is important for democracy. Jefferson: One cannot be free and ignorant. Article II, Section 2 Related provisions/laws: Article VII, Sections 12 and Provision on international law 20; Article XII, Section 21; E.O. 2, s. 2016 (e-FOI). To be read together with Article VII, Section 21 and Does not cover privileged information: information Article XVII, Sections 4 and 25. on national security, military and diplomatic information. Article II, Section 3 Provision on the supremacy of civil authority. Article XII, Section 2 To be read together with Article VII, Section 18 Expounds on the Regalian doctrine; these natural (President as Commander-in-Chief) and Artivle XVI, resources are owned by the state and are Section 6 (one national and civilian police force). inalienable; as an attribute of ownership, the state decides whether it will sell (alienate) or not, except Article II, Section 6 for agricultural lands; third parties have no On separation of church and state. prerogative to exploit, develop and utilize these Lays down the Establishment Clause, Free Exercise natural resources. Clause, Benevolent Neutrality, and Principle of Signatory of the president in FTAAs is a Accommodation. quintessential and non delegable requirement, thus To be read together with Article Article VI, Section it is not contemplated in the doctrine of Qualified 2 (29) and Article III, Section 5. Political Agency. Regalian Doctrine: State ownership over natural Article II, Section 12 resources. On the sanctity of family life; to be read together Public Trust Doctrine: Impresses upon the state the with Article XV, Section 2. affirmative duties of a trustee to manage natural resources for the benefit of present and future Article II, Section 14 generations and embodies key principles of On social justice. environmental protection. To be read together with Article XIII. Parens Patriae: The government, or any other authority, regarded as the legal protector of citizens Article II, Sections 15 and 16 (See Oposa v. Factoran) unable to protect themselves. While the right to a balanced and healthful ecology is to be found under the Declaration of Principles Article XIV, Section 5 (2) and State Policies and not under the Bill of Rights, it On academic freedom does not follow that it is less important than any of Academic Freedom is not just exercised by the the civil and political rights enumerated in the student and faculty, but by the institution as well latter. through these essential freedoms: Such a right belongs to a different category of rights ○ Who may teach; altogether for it concerns nothing less than self- ○ What may be taught; preservation and self-perpetuation. ○ How it shall be taught; and As a matter of fact, these basic rights need not even ○ Who may be admitted to study. be written in the Constitution for they are assumed to exist from the inception of humankind. If they are XIV. Limitations on Foreign Equity now explicitly mentioned in the fundamental charter, it is because of the well-founded fear of its framers that unless the rights to a balanced and Service Contracts healthful ecology and to health are mandated as Article XII, Section 2, paragraph 4 CONSTITUTIONAL LAW 1: MIDTERMS NOTES Block 1E, University of the Philippines College of Law  FTAAs are Service Contracts. Advertisement The following are the requirements for FTAAs/SCs: Article XVI, Section 11 (2). ○ The service contract shall be crafted in Limitation on Foreign Equity: Maximum of 30% accordance with a general law. foreign equity. ○ The President shall be the signatory for the government. Education ○ Within thirty days of the executed agreement, Article XIV, Section 4 (2) the President shall report it to Congress to give Limitation on Foreign Equity: Maximum of 40% that branch of government an opportunity to unless they are owned by religious organizations. look over the agreement and interpose timely “No educational institution shall be established objections, if any. exclusively for aliens and no group of aliens shall See La Bugal and Resident Marine Mammals of the comprise more than one-third of the enrollment in Protected Seascape Tañon Strait for fleshed out any school. The provisions of this subsection shall requirements. not apply to schools established for foreign diplomatic personnel and their dependents and, Public Utility unless otherwise provided by law, for other foreign Article XII, Section 11 (2) temporary residents.” Business or service engaged in regularly supplying the public with some commodity or service of public Practice of all Professions consequence such as electricity, gas, water, Article XII, Section 14 transportation, telephone or telegraph service (See Practice of all professions in the PH shall be limited JG Summit Holdings v. CA). Implies public use and to Filipino citizens, save in cases prescribed by the service to the public. law. Principle deterministic characteristic is that of a service to, or readiness to serve, an indefinite public Capital or portion of the public as such which has a legal Article XII, Section 11 right to demand and receive its services and Capital refers to shares of stock that can vote in the commodities. election of directors. Full beneficial ownership of Public Utility is not synonymous with public stocks, couples with appropriate voting rights is interest. essential (See Gamboa v. Teves) Public utilities are in a sensitive and vital position According to Roy v. Herbosa, effective control both in the national economy and for national means: security, thus the need for the Constitutional ○ 60% of capital is owned by Filipino citizens protections (See Heirs of Gamboa v. Teves). ○ Participation of foreign investors in its board is Limitation on Foreign Equity: Maximum of 40% limited to their proportionate share in its foreign equity. capital Franchises are created through Republic Acts and ○ All its executive and managing officers must be the Act will stipulate when the franchise will open citizens of the Philippines itself to the public. Voting Rights and Economic Benefits Operations of a public utility is different from Grandfather Rule owning the facilities (lease of facilities). There are ○ Nationality is attributed to the percentage of limited public utilities that require a legislative equity in the corporation used in nationalized or franchise. partly nationalized areas. Mass Media XV. Attributes of the State Article XVI, Section 11 (1). Any medium of communication designed to reach the masses and that lends to set the standards, This includes the powers of the State and the principle ideals and aims of the masses. It involves the of State Immunity from Suit. gathering, transmission and distribution of news, information, messages, signals and all forms of State written, oral and visual communications (see A legal entity made up of a territory, population, IDEALS v. Senate; taken from SEC definition). government, and sovereignty. Limitation on Foreign Equity: Should be 100% owned Territory: Territory of a State is permanent. by Filipino citizens or juridical entities wholly Sovereignty: The attribute of the State that frees it owned by Filipinos. from influence from other forces and govern itself; capacity to enter into relations with other states. CONSTITUTIONAL LAW 1: MIDTERMS NOTES Block 1E, University of the Philippines College of Law  ○ Can be subjected to limitations especially vis- Characteristics a-vis treaties as stipulated in Article 18, Section Most pervasive, the least limitable, and the most 25. demanding of the three powers. Government The exercise of eminent domain and taxation can be Permanent Population utilized in order to achieve the goals of a legitimate police objective Powers of the State ○ See Lutz v. Araneta: Special tax on sugar products to fund rehabilitation of the sugar This refers to Police Power, Taxation, and Eminent industry. Domain. Powers of the State are legitimate acts the ○ See Association of Small Landowners v. State can exercise by virtue of its sovereignty; these Secretary of Agrarian Reform: A law expropriated attributes need not be explicitly mentioned in the agricultural lands (subject to retention limits) jurisdiction’s Constitution, however limitation can be to promote the welfare of farmers. provided for in the same. The reason for this is the ○ See Southern Luzon Drug Corporation v. DSWD proper exercise of these powers is fundamental to the It may be exercised as long as the activity or the survival of the State. property sought to be regulated has some relevance to the public welfare; its reach is limitless and with The Legislature is considered the repository of the changing exigencies, it is also flexible and dynamic. inherent powers of the State (Police Power, Taxation, It moves with the society it is supposed to regulate. and Eminent Domain). Such powers can only be Impairment of contracts must yield to police power delegated to municipal corporations after a valid (i.e. police power cannot be bargained away through delegation of such power by the legislature. the medium of a contract or treaty). ○ See Stone v. Mississippi: Franchise of selling Such powers are delegated to the LGUs via the general lottery tickets ended upon Mississippi welfare clause found in the Local Government Code of prohibiting all forms of gambling → non- 1991. impairment of contract yielded to police power. ○ See Ichong v. Hernandez: Conflict between the Police Power texts of the Retail Trade Nationalization Law and the treaty of amity between PH-China, UN Definition of Police Power Charter and UDHR; the SC held that a treaty is Main purpose is regulation. always subject to qualification/amendment by Power of promoting the public welfare by restraining a subsequent law → treaty yielded to police and regulating the use of liberty and property. It power. regulates both property and the liberty or private “While the principles of sovereign independence persons, and virtually all people. This is accepted as and equality have been recognized in the PH, our a limitation to the exercise of individual rights. recognition of this principle does not extend to the Considered the most essential of government exemption of States and their affiliates from powers; embraces the whole system of public compliance with the PH regulatory laws.” (p. 104) regulation (criminalizing acts and imposing HOWEVER, individual rights may be adversely penalties upon acts are considered an act of police affected only to the extent that may be fairly be power). required by the legitimate demands of public Jurisprudence describes P.P. as the power to interest or public welfare. The State must be regulate the exercise of rights, including all restrained from needless intrusion into citizens’ constitutional rights, by prescribing regulations, to lives. promote the health, morals, peace, education, good order or safety, and general welfare of the Exercise of the Police Power people. This is exercised primarily by the legislature. It can Justification: Salus populi est suprema lex — the also be exercised by the following: President welfare of the people is the supreme law; Sic utere (through administrative issuances like EOs), tuo ut alienum non laedas — calls for the administrative boards, lawmaking bodies at the subordination of individual benefit to the interests municipal levels, and barangays. of the greater number. You cannot compel the legislative through mandamus to exercise police power. You can only Legal Basis for the Exercise of Police Power do this through the bar of public opinion (using Article II, Sections 5, 9 and 11, 1987 Constitution media to garner public support and influence the legislature). CONSTITUTIONAL LAW 1: MIDTERMS NOTES Block 1E, University of the Philippines College of Law  The ascertainment of the facts upon which the Means employed must pass the test of exercise of police power is based on is the reasonableness and conform with the safeguards prerogative of the legislature. laid down in the Bill of Rights. Cooley: The assumption must be that if evidence was necessary to establish the necessity of the law, Integrity of the Police Power that it was before the legislature when the act was Free society will deteriorate into a police state passed. without the adherence to the two tests and with The exercise of police power is limited by its absolute power of the individuals. This leads to the adherence to the equal protection and due process decay of democracy itself. clause of Article III, Section 1 of the 1987 Constitution (see Lao Ichong v. Hernandez). Eminent Domain It looks at the adequacy of the law and makes a judgment based on judicially discernable Definition of Eminent Domain standards when it looks at the exercise of police The highest and most exact idea of property power. remaining in the government that may be acquired for some public purpose through a method in the Tests of Police Power nature of a compulsory to the State. If methods are invalid, it is justiciable and thus When private property is needed for conversion for courts have the right and obligation to declare them some public use, the government must first offer to so. buy it. If willing, the owner can sell the land and the parties can agree on the conditions, or decide to Lawful Subject donate the land. If the private owner consents and Interests of the public require the exercise of police the parties are able to come to an agreement, there power. is no need for judicial intervention or action. The subject of the measure is within the scope of If the private owner does not consent or the parties the police power because it affects public welfare. cannot come to an agreement of the conditions of ○ See Taxicab Operators of Metro Manila v. Board the transfer, the State can use its coercive power of of Transportation: Administrative phaseout of eminent domain to expropriate the land, upon just taxicabs more than 6 years old was considered payment of compensation. With regard to as a valid exercise of police power as it deciding on how much the payment is, that is promoted the welfare and comfort of where the courts come in. passengers. It is the power of the sovereign state to appropriate ○ See Lozano v. Martinez (in Crim1) and DECS v. private property within its territorial sovereignty to San Diego (police power to regulate the field of promote public welfare. It is based on the State’s medicine). primary duty to serve common needs and advance Police Power still has its limitations as the general welfare. established in the second test. It is an inherent power and does not need to be conferred upon the State by the constitution. Lawful Means Taking of property is different from the transfer of The means employed are reasonably necessary for the property title from private owner to the the accomplishment of the purpose and not unduly Government. The State may take property prior to oppressive upon individuals. the eventual transfer of title of the expropriated Even if the purpose is within the scope of police property to the State. power, if the means are unlawful then the exercise Circumstances that must be present in taking the must be annulled. The end does not justify the property for purposes of eminent of domain: means. Both ends and means must be legitimate. ○ Expropriator must enter a private property Is the measure fair and reasonable? ○ Entrance into private property must be for more ○ If a measure is too sweeping, lacks restraint, than a momentary period oppressive, unreasonable then it is not a lawful ○ The entry into the property should be under a means. warrant or color of legal authority Overbreadth Doctrine: applied when a statute ○ Property must be devoted to a public purpose needlessly restrains constitutionally guaranteed ○ Utilization of the property for public use must rights. be in such a way as to oust the owner and Void-for-Vagueness Doctrine: applicable when a deprive him of all beneficial enjoyment of the penal statute encroaches upon the freedom of property speech. CONSTITUTIONAL LAW 1: MIDTERMS NOTES Block 1E, University of the Philippines College of Law Limitations Cases of Expropriation (under jurisdiction of Trial There are two constitutional requirements before Courts) and Judicial review of the exercise of eminent the State can exercise its power of eminent domain: domain ○ There must be just compensation; and First Stage: Determination of the validity of the ○ No person shall be deprived of their life, liberty expropriation. This is a justiciable question. or property (that the property is for a particular Second Stage: Determination of JC. public purpose). JR of ED Limitations on Eminent Domain in the Constitution: ○ Adequacy of JC ○ Article III, Section 9: private party shall not be ○ Necessity of the taking taken for public use without just compensation. ○ Public use character of the purpose of taking. ○ Article XII, Section 18: just compensation. If no case for expropriation is filed before the expropriation of land, the government thus waives Who May Exercise its right to file such suit. But the non-filing of such The Congress. Conferred upon them. a suit does not necessarily lead to the return of the The President. property to the landowner. What is left to the Various local legislative bodies. Their exercise of landowner is the right to compensation. eminent domain requires the following: ○ There must be an enactment of an ordinance; Private Property ○ Must be for public use; Anything that can come under the dominion of man ○ Payment of just compensation; and is subject to expropriation (land, animals, ○ Its exercise must be preceded by a valid and franchises, religious properties). definite offer made to the owner, who rejects Exceptions: money and choses in action (personal the same. right recoverable by a suit of law; i.e. damages). ○ When the LGU enters into the possession of a Property already devoted to public use can still be property sought to be expropriated it must: expropriated granted this is done by the legislature File a complaint for expropriation or under a grant of authority. However, if property Deposit to the court the fair market value ceases having the element of public purpose, then of the property. it can no longer be expropriated. Certain public corporations, like the National House Vested rights are the only rights subject to Authority and water districts. compensation. Right of way and inchoate rights Quasi-public corporations (private corporations don’t need just compensation. providing public services). The property must be wholesome in order for it to be For agents of the State to exercise eminent domain, subject to expropriation. Taking property to destroy they must fulfill the following requirements: said property because of its noxious purpose is a ○ Valid delegation to a public utility to exercise ED practice of police power, not eminent domain. or pursue expropriation; ○ An identified public use Taking ○ Previous valid and definite offer to the owner Imports a physical dispossession of the owner, as which was not accepted; and when he is ousted from his land or relieved of his ○ Payment of JC. watch or his car and is thus deprived of all A delegation of authority to the executive beneficial use and enjoyment of his property. department has been made through the 1987 Abatement of Nuisance Revised Administrative Code ○ Not every taking may be compensable, as it may be justified under the police power → damnum Destruction of Necessity absque injuria. For example, when there is an Can be performed by private individuals; no need to area that needs to be improved for general convert the property to something of public use and welfare. This rule only applies as long as the no need for JC. prejudice suffered by the individual property owner is shared in common with the rest of the Necessity of Exercise community. These are political questions on why Congress Mere notice of the intention to expropriate a wants to expropriate certains areas. Not subject to particular property does not bind its owner and review. However, the Supreme Court is given the inhibit him from disposing of it or otherwise dealing authority to inquire into whether the exercise was with it. done correctly or properly (i.e. was the expropriation ○ If property was taken without the formal of land of extreme necessity?). exercise of eminent domain, then the owner has a cause of action in the form of inverse CONSTITUTIONAL LAW 1: MIDTERMS NOTES Block 1E, University of the Philippines College of Law  condemnation where the owner can recover the Summary value of the property. Once the State decides to exercise its power of eminent Public Use domain, the power of judicial review becomes limited Means any use directly available to the general in scope, and the courts will be left to determine the public as a matter of right and not merely of appropriate amount of just compensation to be paid to forbearance or accommodation. the affected landowners. Only when the landowners are Public use is now synonymous with public interest, not given their just compensation for the taking of public benefit, and public convenience (e.g. agrarian their property or when there has been no agreement on reform). the amount of just compensation may the remedy of prohibition become available. The title to the property Just Compensation shall not be transferred until after actual payment or Full and fair equivalent of the property taken from just compensation is made to the owner. the private owner by the expropriator. The word just is a qualifier to the word compensation to convey Taxation the idea that the equivalent to be rendered for the property taken shall be real, substantial, full, ample. Definition The property’s fair market value at the time of the Main purpose is to generate revenue. filing of the complaint, or that sum of money which Taxes are enforced proportional contributions from a person desirous but not compelled to buy, and an persons and property, levied by the State by virtue of owner willing but not compelled to sell, would agree its sovereignty, for the support of government and on as price to be given and received therefore. for all public needs. Taxation is the method by which The Court recognizes that the loss also includes these contributions are exacted. income-generating potential. The power to impose taxes and to make tax Factors to be considered: cost of acquisition, exemptions is upon the Legislature. current value at time of taking, actual size and Paying taxes is a duty imposed upon the individual potential use, tax declarations. As well as crops or by the mere fact of his membership in the body improvements that are inseparable from the politic and his enjoyment of the benefits available valuation of the raw lands. from such membership. If land is expropriated for mineral-mining, the value Estoppel and prohibition against the imprisonment of the minerals is not included in the computation for debt cannot be invoked against the government of just compensation. on matters of taxation. Determination of just compensation is a judicial Taxes are liberally construed in favor of the taxpayer, function. RTCs sitting as Special Agrarian Courts but strictly construed against the government. have original and exclusive jurisdiction. Tax exemptions are liberally construed in favor of the Legislative enactments, as well as executive government, but strictly construed against the issuances, fixing or providing for the method of taxpayer. computing just compensation are tantamount to impermissible encroachment on judicial Scope prerogatives. They are not binding on courts and, at It reaches citizens in the country and abroad. Shares best, are treated as mere guidelines in ascertaining of stock issued by a foreign corporation, but “in the amount of just compensation. action” in the local State may be taxed by it. Landowners would not be entitled to interest on the final compensation if the expropriator deposits the Exercise compensation for their lands after their rejection of Power of taxation is inherent in the State; primarily its initial valuation. vested in the legislature. It can also be exercised by Neither laches nor prescription may bar a claim for LGUs as provided in Article X, Section 5. There must JC for property taken for public use. Owner is entitled be a statutory grant for a local government unit to to payment unless the payment was already made. impose lawfully a tax, that unit not having inherent Taxes paid by the owner while he still owned the power of taxation. property may be reimbursed; title of property shall not be transferred until after actual payment. Due Process and Taxation However, when the taking is used in pursuant to Taxes are not allowed if they are confiscatory. police power, no compensation is necessary, Without prompt payment, the compensation Equal Protection and Taxation cannot be considered “just.” Article VI, Sec. 28: The rule of taxation shall be uniform and equitable. CONSTITUTIONAL LAW 1: MIDTERMS NOTES Block 1E, University of the Philippines College of Law  Uniformity: persons/things belonging in the same concurrence of the majority of all Members of the class shall be taxed at the same rate. Congress as tax exemptions represent loss of Equality: Tax shall be strictly proportional to the revenue of the government and should not be lightly relative value of the property. extended. The State is not inhibited from withdrawing tax Double Taxation exemptions. When additional taxes are laid on the same subject by the same taxing jurisdiction during the same Is it Police Power or Taxation? taxing period for the same purpose. If the primary purpose is regulation and generating There is no provision in the Constitution prohibiting revenue is merely incidental to the act, then it is an double taxation, but it will not be allowed if it results exercise of police power. in a violation of the EP clause. If the primary purpose is to generate revenue and creating regulations is incidental to the act, then it Limitations is an exercise of taxation. Article VI, Section (1) → progressive system of tax. Should be for a public purpose. Although the power to impose uniform and equitable taxation schemes is within the legislature, there are limitations. ○ Delegation of tariff powers to the President under Section 28 (2) of Article VI of the Constitution (on rule on barring delegation of legislative powers). Authority must emanate from Congress; Authorization must be embodied in a law (Tariff and Customs Code); and Exercised in line with limitations imposed by Congress. ○ Section 401 of the Tariff and Customs Code: Flexible Clause ○ Section 402 of the Tariff and Customs Code: Promotion of Foreign Trade Public Purpose Similar to eminent domain, the definition of public purpose has been given the broadest interpretation. If a tax will be directly enjoyed by a certain group of individuals or by a private individual, the tax is not immediately invalid so long as the tax is linked to some public welfare. Tax Exemption Taxation is the rule, exemption is the exception. Either constitutional or statutory. A tax amnesty is a general pardon by the State or its authority to impose penalties on others otherwise guilty of violation of a tax law. Tax Exemptions are constitutionally guaranteed for institutions covered under Article VI, Section 28 (3). ○ Exemption is granted to religious organizations as it gives them considerable assistance to the State in the improvement of the morality of the people and the care of indigents and the handicapped. Statutory exemptions are granted at the discretion of the legislature. However, no law on tax exemptions shall be passed without the CONSTITUTIONAL LAW 1: MIDTERMS NOTES Block 1E, University of the Philippines College of Law