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  • Requisites of a Judicial Inquiry

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    Marvin Cabantac
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    This document outlines the requisites of a judicial inquiry and discusses several key concepts in constitutional law, including: 1. It lists the requisites for a judicial inquiry as an actual case or controversy, proper party, earliest opportunity, and necessity of deciding constitutional questions. 2. It discusses the concepts of unconstitutionality, partial unconstitutionality, and the operative fact doctrine. 3. It examines the fundamental powers of the state, including police power and the tests used to determine if a power is a lawful exercise of police power. 4. Additional concepts discussed include eminent domain, taxation, due process, equal protection, and nuisance law.

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    Requisites of a Judicial Inquiry

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    This document outlines the requisites of a judicial inquiry and discusses several key concepts in constitutional law, including: 1. It lists the requisites for a judicial inquiry as an actual case or controversy, proper party, earliest opportunity, and necessity of deciding constitutional questions. 2. It discusses the concepts of unconstitutionality, partial unconstitutionality, and the operative fact doctrine. 3. It examines the fundamental powers of the state, including police power and the tests used to determine if a power is a lawful exercise of police power. 4. Additional concepts discussed include eminent domain, taxation, due process, equal protection, and nuisance law.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    815 views2 pages

    Requisites of a Judicial Inquiry

    Uploaded by

    Marvin Cabantac
    This document outlines the requisites of a judicial inquiry and discusses several key concepts in constitutional law, including: 1. It lists the requisites for a judicial inquiry as an actual case or controversy, proper party, earliest opportunity, and necessity of deciding constitutional questions. 2. It discusses the concepts of unconstitutionality, partial unconstitutionality, and the operative fact doctrine. 3. It examines the fundamental powers of the state, including police power and the tests used to determine if a power is a lawful exercise of police power. 4. Additional concepts discussed include eminent domain, taxation, due process, equal protection, and nuisance law.

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    © All Rights Reserved
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    of 2

    1|LM 56A

    Requisites of a Judicial Inquiry


    1. Actual case or controversy
    a. Moot and academic principle, David v. Macapagal-Arroyo May 3, 2006
    2. Proper party
    a. Oposa v. Factoran 224 SCRA 792 #1
    b. Taxpayers suit; Mamba v. Lara December 14, 2009 #2
    c. Transcendental importance; Senate v. Ermita July 3 2007
    3. Earliest opportunity
    4. Necessity of deciding constitutional questions
    Unconstitutionality
    Operative fact doctrine
    1. Planters v. Fertphil Corporation March 14, 2005
    2. LCP v. COMELEC August 24, 2010
    Partial unconstitutionality
    1. Macalintal v. COMELEC 405 SCRA 614
    2. Flores v. COMELEC 184 SCRA 484
    Fundamental Powers of the State
    Similarities/ Differences/ Limitations
    Police Power
    Tests of Police Power
    a. Lawful subject
    i. Taxicab Operators v. BOT 119 SCRA 597 #2
    ii. Lozano v. Martinez 146 SCRA 323
    iii. Tio v. VRB 151 SCRA 208 #3
    iv. Ople v. Torres 293 SCRA 141
    v. KMU v. Director General of NEDA April 19 2006
    b. Lawful means
    White Light Corporation v. City of Manila 576 SCRA 416
    DIsini v. Executive Secretary February 18 2014
    i. Strict scrutiny
    ii. Rational basis standard
    iii. Heightened or immediate scrutiny
    iv. Overbreadth doctrine
    v. Void for vagueness doctrine
    2|LM 56A

    Imbong v. Ochoa April 8 2014

    vi. Facial Challenge


    Eminent Domain
    Who may exercise? ; Destruction v. Necessity ; Necessity of Exercise
    Taking; Requisites of taking: Republic v. Castelvi 58 SCRA 336 #4
    Public use; Just Compensation Knecht v. CA 297 SCRA 754
    Taxation
    Lung Center of the Philippines v. QC June 29 2004 #5

    Due Process of Law


    Substantive Due Process
    Ichong v. Hernandez 101 Phil 1155
    Procedural Due Process
    Judicial Due Process
    A. Impartial Court
    a. Javier v. COMELEC 144 SCRA 194
    B. Jurisdiction
    C. Hearing
    Nuisance per se v. nuisance per accidens
    Gancayco v. City Government of Quezon City October 11, 2011
    D. Judgment
    Equal Protection
    Classification; requirements
    a. Substantial Distinctions
    PASE v. Drilon 163 SCRA 386; ISAE v. Quisumbing 333 SCRA 13 #6
    DECS v. San Diego 180 SCRA 533 #7; Quinto v. Comelec February 22, 2010; Appointive v.
    Elected ; Biraogo v. PTC December 10 2010 #8
    b. Relevance to purposes of law
    c. Duration
    d. Applicability of all

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