Professional Documents
Culture Documents
BILL OF RIGHTS:
Classification:
o Political Rights They are such rights of the citizens which give them the power
government.
o Civil Rights They are those rights which the law will enforce at the instance of
private individuals for the purpose of securing to them the enjoyment of their
mans of happiness.
o Social and Economic Rights They refer to those rights which are intended to
POLICE POWER
It is the sovereign power to promote and protect the general welfare. It is the most
pervasive and the least limitable of the three powers of the state, the most essential, consistent
and illimitable which enables the State to prohibit all hurtful things to the comfort, safety and
It also refers to the power vested in the legislature by the Constitution to make, ordain,
establish all manner of wholesome and reasonable laws, statutes, or ordinances, either with
penalties, or without, nor repugnant to the constitution, as they shall be judge to be for the good
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Police power is an inherent attribute of sovereignty. It can exist even without reservation
in the constitution. It is based on necessity as without it, there can be no effective government. It
What is the basis of the exercise of the police power of the state?
The exercise of police power is founded on the basic principles of salus populi est suprema lex
(the welfare of the people is the supreme law) and sic utere tu et alienum non laedas (so use your
Who has the ultimate power to determine the necessity and the means of exercising the police
Congress has the ultimate power, because it is the judge of necessity, adequacy, reasonableness
and wisdom of any law. The congress is the constitutional repository of police power and
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2. To promote and preserve public health;
Such powers are a necessity because there can be no effective government without them.
All of these rights are exercisable even without an express grant in the Constitution or
any other statute. However the exercise of these rights may be limited and regulated by
property.
Such inherent powers are legislative in character.
They all presuppose an equivalent compensation received, directly or indirectly, by the person
the power has been lawfully delegated to take (or expropriate) private property for public
use upon paying to the owner a just compensation to be ascertained according to law.
b Police Power is the power of the State to enact such laws or regulations in relation to
persons and property as may promote public health, public morals, public safety, and the
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c Taxation is the power of the State to impose charge or burden upon persons, property,
or property rights, for the use and support of the government and to enable it to discharge
Expropriation/Eminent Domain:
As previously defined, such power gives authority to the State to appropriate/take private
property after paying just compensation to the owner of said private property. There are three
(3) key factors that play a huge role in the fruition of the exercise of such inherent power of
the State. The first one is the existence of public purpose in the expropriation. The other one
anyone vested by the government of such power. And the last factor involved is the payment
community. That the expropriation of a land may actually benefit only a few
families does not diminish its character of public purpose. It has no bearing as to
with some necessity or convenience, then such expropriation is done for a public
purpose.
Taking of possession
o Taking under the power of expropriation refers not simply to actual physical
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or to limitation of its usual and necessary employment or use by its owner, not as
for. For example, the passage of a rent control act could deprive lessors of the
right to charge a higher rent, and so decrease the value of their property but the
compensation.
o Article XII, Section 18 (Ibid.) also states that:
The State may, in the interest of national welfare or defense, establish
property shall be determined by the proper court, based on the fair market value at
the time of the taking of the property. The owner may contest in the court the
It is to be noted that due process of law must be observed during the process of the
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Overview of Expropriation Proceedings (Revised Rules of Court in the Philippines, Rule 67:
Expropriation)
interested therein.
Section 2: Entry of plaintiff upon depositing value with authorized government
depositary
o The plaintiff shall have the right to enter the property involved if a deposit,
amounting to the assessed value of such property for purposes of taxation, is made
proceedings.
o If objections are made by the defendant, he shall serve his answer within the time
stated in the summons. Such answer must manifest the interest of the defendant as
If the objections and defenses are overruled or if no party appears to defend against such
expropriation, the court may issue an order of expropriation declaring that the plaintiff has a
lawful right to take the property for public use upon the payment of just compensation.
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o A final order sustaining the right to expropriate may be appealed by any aggrieved
party. However, such appeal shall not prevent the court from determining the just
compensation to be paid.
o The rendition of such an order prevents the plaintiff to dismiss or discontinue the
deduct from such damages the benefit to be derived by the owner from the public
to the court, of all their proceedings (effective only after leave of court is
obtained) by submitting their assessments, after which the court shall render
their assessments.
o The court may also order further assessment to the property sought to be
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o Upon payment of the compensation fixed by the judgment, the plaintiff shall have
the right to enter upon the property and to appropriate it for public use.
o If the defendant refuses receipt of such payment being made by the plaintiff, a
deposit of such amount to the court shall be considered as actual payment to the
defendant itself, and therefore the same access shall be granted to the plaintiff.
Section 11: Entry not delayed by appeal; effect of reversal:
o The right of the plaintiff to enter the premises of the property and to appropriate
then it shall order the restoration of the ownership of the property to the defendant
with damages.
Section 12: Costs, by whom paid:
o All costs of the proceedings, including the commissioners fees, shall be borne by
the plaintiff.
o Costs of appeal shall be paid by the defendant.
Section 13: Recording judgment, and its effect:
o The property sought to be expropriated must be defined adequately. This shall
include with it the public purpose for which it was expropriated for.
Section 14: Power of guardian in such proceedings:
o The guardian shall act in behalf of a minor or a person judicially declared to be
While eminent domain and expropriation are usually used synonymously, the former refers to the
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o If the property owner is willing to part with the property at a price mutually
acceptable to the parties there would be a sale, and therefore expropriation will
of Court.
Just Compensation
o Just Compensation = Market Value + Consequential Damages Consequential
Benefits.
o Just compensation is determined by not more than three (3) commissioners, who
agreed upon by a seller who is not obliged to sell and by a buyer who is not
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obliged to buy PLUS consequential damages, if any, MINUS the consequential
The right of eminent domain is exercised by the filing of a complaint which shall have the
following:
therein.
If Ownership is Uncertain
claims to any part thereof, the court will eventually determine who should be entitled to the
compensation.
acquired by the government, for public use, the basis shall be the current
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o The nature and the value of the land at the time it was taken by the government
should be the basis of the price to be paid to the owner if the taking of the
If an appeal is made to an appellate court, the entry of the plaintiff to the property sought
to be expropriated shall not be impeded. This is of course after the payment of the assessed value
The basis for such right is genuine necessity, which is of public character. The necessity
need not be absolute but only reasonable or practical such as would combine the greatest benefit
to the public with the least inconvenience and expense to the condemning party and property
The right of eminent domain may be exercise either directly by the legislature or through
the medium of individual enterprises, by virtue of the delegation of the power. The legislature,
unless limited by constitutional restrictions, is entirely free to use its discretion in the selection of
Act No. 1510 Sec. 1 (26), as amended by Act 23773: Philippine National Railways
Act No. 1510, Sec. 2: The National Government
Act No. 2826, Sec. 2: Any province
Revised Administrative Code: Any municipality
Act No. 1459, Par. 86(1): Public Corporations, through the Board of Directors with prior
government approvals
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Subject Matter of Expropriation
All kinds of properties are subject to expropriation whether real or personal, except
Only so much land as is necessary for the legitimate purpose of expropriation, which is
POWER OF TAXATION
It is the inherent power of the state to raise revenues to defray the expenses of the
government or for any public purpose. This can be done through the imposition of burdens or
The importance of taxation derives from the unavoidable obligation of the government to
protect the people and extend them benefits in the form of public projects and services. Taxation
is based on necessity and the reciprocal duties of protection and support between the state and
It is the Congress who exercises the plenary power to tax. However, it may be delegated by
congress to local government units under such terms and conditions as may be prescribed by law.
1. Public purpose;
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2. Territoriality;
3. Uniformity;
6. In the assessment and collection of certain kinds of taxes, notice and opportunity for hearing
must be provided.
DUE PROCESS
WITHOUT DUE PROCESS OF LAW, NOR SHALL ANY PERSON BE DENIED EQUAL
a. substantive due processrequires the intrinsic validity of the law in interfering with
the rights of the person to life, liberty or property. In short, it is to determine whether it has a
valid governmental objective like for the interest of the public as against mere particular class.
Daniel Webster.
Due process is a law which hears before it condemns, which proceeds upon inquiry and renders
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EQUAL PROTECTION
Equal Protection of the laws signifies that all persons subject to legislation should be treated
alike, under like circumstances and conditions, both in the privileges conferred and liabilities
imposed.
The guarantee does not require that persons or things different in fact be treated in law as though
they were the same. What it prohibits is class legislation which discriminates against some and
Where there are reasonable grounds for so doing, persons or their properties may be grouped into
NON-IMPAIRMENT CLAUSE
PASSED."
According to a ruling of the Supreme Court, the purpose of the non-impairment clause is to
safeguard the integrity of contracts against unwarranted interference by the State. As a rule,
contracts should not be tampered with by subsequent laws that would change or modify the
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It includes statutes enacted by the national legislature, executive orders and administrative
regulations promulgated under a valid delegation of power, and municipal ordinances passed by
There is impairment if a subsequent law changes the terms of a contract between the parties,
imposes new conditions, dispenses with those agreed upon or withdraws remedies for the
enforcement of the rights of the parties. It is anything that diminishes the efficacy of the contract.
However, it applies only to previously perfected contracts and is limited in application to laws
that derogate from prior acts or contracts by enlarging, abridging or in any manner changing the
Under Section 5, Rule 113 of the Revised Rules of Criminal Procedure, a peace officer or a
(a) When, in his presence, the person to be arrested has committed, is actually committing, or is
(b) When an offense has in fact just been committed, and he has personal knowledge of facts
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(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or
place where he is serving final judgment or temporarily confined while his case is pending, or
In cases falling under paragraphs (a) and (b) hereof, the person arrested without a warrant shall
be forthwith delivered to the nearest police station or jail, and he shall be proceeded against in
The rationale for warrantless arrests was enunciated in the case of Valmonte vs.De Villa (1990)
To hold that no criminal can, in any case, be arrested and searched for the evidence and tokens
of his crime without a warrant, would be to leave society, to a large extent, at the mercy of the
shrewdest, the most expert, and the most depraved of criminals, facilitating their escape in many
instances.
Under Section 5(a) of Rule 113, the officer arresting a person who has just committed, is
committing, or is about to commit an offense must have personal knowledge of the fact. The
offense must also be committed in is presence or within his view. (Sayo v. Chief of Police, 80
Phil. 859). This is where the terms in flagrante delicto and caught in the act find application.
In arrests without a warrant under Section 5(b) of Rule 113, however, it is not enough that there
is reasonable ground to believe that the person to be arrested has committed a crime. A crime
must in fact or actually have been committed first. That a crime has actually been committed is
an essential precondition. It is not enough to suspect that a crime may have been committed. The
fact of the commission of the offense must be undisputed. The test of reasonable ground applies
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only to the identity of the perpetrator. Parenthetically, it may be observed that under the Revised
Rule 113, Section 5(b), the officer making the arrest must have personal knowledge of the
In People vs. Mengote (G.R. No. 87059, June 22, 1992), the Supreme Court held that the
accused acts of merely looking from side to side and holding his abdomen, do not constitute
enough basis to implement a warrantless arrest. There was apparently no offense that had just
been committed or was being actually committed or at least being attempted by the accused in
the presence of the arresting officers.In this case, the Solicitor General argued that the actual
existence of an offense was not necessary as long as Mengotes acts created a reasonable
suspicion on the part of the arresting officers and induced in them the belief that an offense had
been committed and that the accused-appellant had committed it. The Court shot down this
argument stating that no offense could possibly have been suggested by a person looking from
side to side and holding his abdomen and in a place not exactly forsaken.
It would be a sad day, indeed, if any person could be summarily arrested and searched just
peace officer-could clamp handcuffs on any person with a shifty look on suspicion that he may
have committed a criminal act or is actually committing or attempting it. This simply cannot be
done in a free society. This is not a police state where order is exalted over liberty or, worse,
personal malice on the part of the arresting officer may be justified in the name of security.
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The case of People vs. Alvarez (1991), illustrates a warrantless arrest in accordance with Section
In the instant case, it was the elder Alvarez who initiated the arrest a day after the crime was
committed. Having been once a policeman, he may be said to have been equipped with
knowledge of crime detection. And having had the opportunity to observe the conduct of the
three Appellants, who were at his house the whole day following the commission, it is logical to
infer that his act of going to the police, informing them that Appellants were the perpetrators of
the crime and even fetching them to make the arrest sprang from a well-grounded belief that a
crime had been committed and that Appellants had committed it. In this regard, the arrests
As for cases of rebellion, the case of Umil vs. Ramos (187 SCRA 311), clearly states that since
rebellion is a continuing offense, a rebel may be arrested at any time, with or without a warrant,
as he is deemed to be in the act of committing the offense at any time of the day or night.
Section 2. The right of the people to be secure in their persons, houses, papers and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable,
and no search warrant or warrant of arrest shall issue except upon probable cause to be
determined personally by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly describing the place to be
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NOTE: Applicable provisions of the Human Security Act/Anti-Terrorism Law, Republic Act No.
9372, Approved on March 6, 2007 and effective on July 15, 2007 (This Law shall be
automatically suspended one (1) month before and two (2) months after the holding of any
election)
Sec. 18. Period of detention without judicial warrant of arrest.- The provisions of Article 125 of
the Revised Penal Code, notwithstanding, any police or law enforcement personnel, who, having
been duly authorized in writing by the Anti-Terrorism Council has taken custody of a person
charged with or suspected of the crime of terrorism or the crime of conspiracy to commit
terrorism shall, WITHOUT INCURRING ANY CRIMINAL LIABILITY FOR DELAY IN THE
AUTHORITY WITHIN A PERIOD OF THREE (3) DAYS counted from the moment said
charged or suspected person has been apprehended or arrested, detained, and taken into custody
by the said police, or law enforcement personnel: Provided, That the arrest of those suspected of
the crime of terrorism or conspiracy to commit terrorism must result from the surveillance under
The police or law enforcement personnel concerned shall, before detaining the person suspected
of the crime of terrorism, present him or her before any judge at the latters residence or office
nearest the place where the arrest took place at any time of the day or night. It shall be the duty
of the judge, among other things, to ascertain the identity of the police or law enforcement
personnel and the person or persons they have arrested and presented before him or her, to
inquire of them the reasons why they have arrested the person and determine by questioning and
personal observation whether or not the subject has been subjected to any physical, moral or
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psychological torture by whom and why. The judge shall then submit a written report of what
he/she had observed when the subject was brought before him to the proper court that has
The judge shall forthwith submit his report within 3 calendar days from the time the suspect was
Immediately after taking custody of a person charged with or suspected of the crime of terrorism
or conspiracy to commit terrorism, the police or law enforcement personnel shall notify in
writing the judge of the court nearest the place of apprehension or arrest; provided, That where
the arrest is made during Saturdays, Sundays, holidays or after office hours, the written notice
shall be served at the residence of the judge nearest the place where the accused was arrested.
The penalty of 10 years and 1 day to 12 years imprisonment shall be imposed upon the police or
law enforcement personnel who fails to notify any judge as provided in the preceding paragraph.
Section 19. Period of Detention in the event of an actual or imminent terrorist attack.- In the vent
of an actual or imminent terrorist attack,, suspects may not be detained for more than three days
without the written approval of a municipal, city, provincial or regional official of a Human
Rights Commission, or judge of the municipal, regional trial court, the Sandiganbayan or a
justice of the Court of Appeals nearest the place of arrest. If the arrest is made during Saturdays,
Sundays or holidays, or after office hours, the arresting police of law enforcement personnel
shall bring the person thus arrested to the residence of any of the officials mentioned above that
is nearest the place where the accused was arrested. The approval in writing of any of the said
officials shall be secured by the police or law enforcement personnel concerned within five days
after the date of the detention of the persons concerned; Provided, however, That within three
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days after the detention the suspects whose connection with the terror attack or threat is not
Section 26 provides that persons who have been charged with terrorism or conspiracy to commit
terrorismeven if they have been granted bail because evidence of guilt is not strongcan be:
Prohibited from using any cellular phones, computers, or other means of communications
Section 39. Seizure and Sequestration.- The deposits and their outstanding balances, placements,
trust accounts, assets, and records in any bank or financial institution, moneys, businesses,
transportation and communication equipment, supplies and other implements, and property of
commit terrorism;
of persons,
-shall be seized, sequestered, and frozen in order to prevent their use, transfer or conveyance for
purposes that are inimical to the safety and security of the people or injurious to the interest of
the State.
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The accused or suspect may withdraw such sums as are reasonably needed by his family
including the services of his counsel and his familys medical needs upon approval of the court.
He or she may also use any of his property that is under seizure or sequestration or frozen
because of his/her indictment as a terrorist upon permission of the court for any legitimate
reason.
Section 40. The seized, sequestered and frozen bank depositsshall be deemed property held in
trust by the bank or financial institution and that their use or disposition while the case is pending
shall be subject to the approval of the court before which the case or cases are pending.
Section 41. If the person suspected as terrorist is acquitted after arraignment or his case
dismissed before his arraignment by a competent court, the seizureshall be lifted by the
investigating body or the competent court and restored to him without delay. The filing of an
appeal or motion for reconsideration shall not stay the release of said funds from seizure,
If convicted, said seized, sequestered and frozen assets shall automatically forfeited in favor of
the government.
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