Political Law Review Outline

Political Law Review

(AY 2014-2015)
Atty. Demigillo
GENERAL PRINCIPLES
Political Law branch of public law which deals with the organization and operations of
the governmental organs of the State and defines the relations of the State with the
inhabitants
Constitutional Law the study of the maintenance of the proper balance between
authority (Inherent Powers of the State) and liberty (Bill of Rights); also contains
jurisprudence, laws, E.O, etc.
Administrative Law branch of public Law which fixes the organization of the
government, determines the competence of the administrative authorities who execute
the law, and indicates to the individual remedies for the violation of his rights.
THE PHILIPPINE CONSTITUTION

Constitution the body of rules and maxim in accordance with the powers of sovereignty
are habitually exercised; that written instrument enacted by direct action of the people by
which the fundamental powers of the government are established, limited and defined,
and by which those powers are distributed among the several departments for their safe
and useful exercise for the benefit of the body politic.
According to Atty. Demigillio:
1.
2.
3.
4.
Fundamental Law of the state;

Directing the principles upon which government is founded (ART 1);
Regulating the exercise of sovereign powers (Bill of Rights);
Directing to whole bodies or persons those powers shall be confined and the
manner of their exercise (3 Branches)
Purpose:
To prescribe the permanent framework of a system of government, to assign to the
several departments their respective powers and duties, and to establish certain first
principles on which the government is founded.
Classification: (Philippine Constitution)
1. Written
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By Michael Francis Hubahib
2. Conventional
3. Rigid
4. Libertarian
Qualities of a good Constitution:
1. Broad
2. Brief
3. Definite
Essential Parts of a good written Constitution:
1. Constitution of Liberty the series of prescriptions setting forth the
fundamental civil and political rights of the citizens and imposing limitations on the
powers of government as a means of securing the enjoyment of those rights. (ex
Bill or Rights)
2. Constitution of Government the series of provisions outlining the organization
of the government, enumerating its powers, laying down certain rules relative to its
administration, and defining the electorate. (Presidential Form)
3. Constitution of Sovereignty the provisions pointing out the mode or procedure
in accordance with which formal changes in the fundamental law may be brought
about. (ART II, Sec 1; Amend and Revise the Constitution)
4. Constitution of Citizenship
Interpretation/Construction of the Constitution:
a. Verba Legis whenever possible, the words used in the Constitution must be
given their ordinary meaning except where technical terms are employed;
b. Ratio Legis Et Anima the words of the Constitution should be interpreted in
accordance with the intent of the framers;
c. Ut Magis Valeat Quam Pereat the Constitution has to interpreted as a whole.
In case of doubt, the provisions should be considered self-executing; mandatory rather
than directory; and prospective rather than retroactive.
Self-Executing Provisions:
A provision which lays down a general principle is usually not self-executing.
But a provision which is complete in itself and becomes operative without the aid of
supplementary or enabling legislation, or that which supplies a sufficient rule by means of
which the right it grants may be enjoyed or protected, is self-executing.
RULE: If there is a Right Enjoyed and a Duty imposed, it is Self-executing.
Not self-executing if it only lays down principles and does not lay down rules in which
these principles are effected by laws.
The Doctrine of Constitutional Supremacy
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Since the Constitution is the fundamental and supreme law of the land, it is deemed
written in every statute and every contract.
Amendment and Revision
Revision a change that alters a basic principle in the Constitution; generally affects
several provisions of the Constitution.
Amendment a change that adds, reduces, deletes, without altering the basic principle
involved; generally affects only the specific provision being changed.
The Two Part Test (Lambino vs COMELEC)
a. Quantitative Test whether the proposed change is so extensive in its provisions
as to change directly the substance entirely of the Constitution by the deletion or
alteration of numerous provisions.
b. Qualitative Test whether the change will accomplish such far-reaching
changes in the nature of our basic governmental plan as to amount to a revision.
Steps in Amendatory Process:
Proposal; it may come from:
I.
II.
III.
Congress (Constitutional Assembly) by a votes of all members (both

houses voting separately)
Constitutional Convention votes to call a Con-con to existence is 2/3 of
all members of Congress (both houses voting separately);
If such vote is not obtained, the majority vote of all members with the question
of WON to call a Con-Con to be resolved by the people in a plebiscite.
NOTE: Votes to approve Amendment and Revision, the body is free to choose.
Peoples Initiative
Requisites:
a. A petition of at least 12% of the total number of registered voters;
b. Every legislative district must be represented by at least 3% of the
registered voters therein
Limitations:
a. No amendment within 5 years from ratification;
b. No amendment more often than once every five years therafter.
c. Applies only to amendments, not revision of the constitution.
Procedure: (Lambino vs COMELEC)
a. The people must author and sign the entire proposal ; no agent or
representative can sign in their behalf;
b. As an initiative upon a petition, the proposal must be embodied in the
petition.
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Ratification: - ratified by a majority of the votes cast in a plebiscite held not earlier than
60 days nor later than 90 days after approval of the proposal by the Congress or Con-con
or COMELEC.
Doctrine of Proper Submission the constitution itself prescribes for the timeframe in
which the plebiscite is to be held; the plebiscite may be held on the same day as regular
elections. (Gonzales vs COMELEC)
TAKE NOTE: The Constitution did not include Constitutional Commission as part of the
amendatory/revision process.
JUDICIAL REVIEW
Judicial Review- the power of the courts to test the validity of executive and legislative
acts in light of their conformity with the Constitution.
ART VIII, Sec 1, 1987 Constitution:
.Judicial power includes the duty of the courts of justice to settle actual controversies
involving rights which are legally demandable and enforceable, and to determine whether
or not there has been a grave abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or instrumentality of the Government.
ART VIII, Sec 4(2), 1987 Constitution:
All cases involving the constitutionality of a treaty, international or executive agreement,
or law, which shall be heard by the Supreme Court en banc, and all other cases which
under the Rules of Court are required to be heard en banc, including those involving the
constitutionality, application, or operation of presidential decrees, proclamations, orders,
instructions, ordinances, and other regulations, shall be decided with the concurrence of a
majority of the Members who actually took part in the deliberations on the issues in the
case and voted thereon.
The Supreme Court has the main power to exercise Judicial Review, but lower courts also
have the power in some cases. (e.g. Family Courts, RTC, etc)
Functions of Judicial Review:
a. Checking
b. Legitimating
c. Symbolic
Political Questions question of policy; ordinarily outside the pale of judicial review; it
is concerned with issues dependent upon the wisdom, not legality, of a particular
measure.
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The Supreme Court said that it has no authority to interfere and unilaterally intrude into
that exclusive realm, without running afoul of constitutional principles that it is bound to
protect and uphold the very duty that justifies the Courts being. (Defensor-Santiago
vs Guingona)
The wisdom of such decision is not for the courts to question. (Vinuya vs Executive
Secretary)
Limitation to the Political Question Doctrine:
Read ART VIII, Sec 1, 1987 Constitution.
The Pork Barrel system is not an issue dependent upon the wisdom of the political
branches of government, but rather a legal one which the Constitution itself has
commanded the Court to act upon. (Belgica vs Executive Secretary)
The power of judicial review includes the power of review over justiciable issues in an
impeachment proceeding. (CJ Corona vs Senate of the Philippines)
Requisites for Judicial Review:
a. Actual Case or Controversy SC does not settle moot and academic questions.
Moot and Academic is one that ceases tp present a justiciable controversy by
virtue of supervening events; that a declaration thereon would be of no practical
use or value; or that no useful purpose can be served in passing upon the merits.
NOTE: it is necessary that the actual controversy be extant at all stages of the
review, not merely at the time the complaint is filed
Exceptions to being Moot and Academic:
a. Grave violation of the Constitution;
b. Exceptional character of the situation and paramount public interest is
involved
c. Requires formulation of controlling policies to guide the bench, the bar and
the public
d. Case is capable of repetititon.
b. The Constitutional question must be raised by the proper party locus
standi or legal standing; a right of appearance in a court of justice on a given
question.
a. Direct Injury Test a person who impugns the validity of a statute must
have a personal and substantial interest in the case such that he has
sustained or will sustain direct injury as a result.
b. Interest a material interest, an interest in issue affected by the
challenged official act, as distinguished from mere interest in the question
involved, or a mere incidental interest. (IBP vs Zamora)
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c. Petitioners may be accorded standing to sue provided the following

requirements are met: (David vs Macapagal-Arroyo)
i. The case involves constitutional issues;
ii. Taxpayers there must be a claim for illegal disbursement of public
funds or that the tax measure is unconstitutional;
NOTE: A taxpayer, or a group of taxpayers, is a proper party to
question the validity of a law appropriating public funds.
iii. Voters there must be showing of obvious interest in the validity of
the election law in question;
iv. Concerned Citizens there must be showing that the issues raised
are of transcendental importance which must settled early;
NOTE: when they raise the issue of transcendental importance, three
factors must be considered:
1. Character of funds or assets involved in the controversy;
2. A clear disregard of constitutional or statutory prohibition;
3. Lack of any other party with more direct and specific interest to
bring the suit.
(Paguia vs Office of the President)
NOTE: A partys standing in court is a procedural technicality which
may be set aside by the Court in view of the importance of the issues
involved. Thus, where the issues raised by petitioners are of
paramount public interest, the Court may, in the exercise of its
discretion, brush aside the procedural barrier.
v. Legislators there must be a claim that the official act complained
of encroaches on their prerogatives as legislators.
d. Challenges of Unconstitutionality
i. As Applied Challenge a party can question the validity of a statute
only if, as applied to him, it is unconstituiotnal;
ii. Facial Challenge allowed only when it operates in the area of
freedom of expression. (e.g. religious freedom, freedom of the press,
right to peaceful assembly the right to life included [Imbong vs
Ochoa])
e. Overbreadth Doctrine permits a party to challenge the validity of a
statute even though, as applied to him, it is not unconstitutional, but it
might be if applied to others not before the Court, whose activities are
constitutionally protected.
f. Void-for-Vagueness Doctrine this doctrine holds that a law is facially
invalid if men of common intelligence must necessarily guess at its meaning
and differ as to its application; a litigant may challenge a statute on its face
only if it is vague in all possible applications.
c. The Constitutional question must be raised at the earliest possible
importunity raise it in the pleadings before a competent court can resolve the
same.
a. Criminal Cases question can be raised at any time at the discretion of the
court;
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b. Civil Cases question can be raised at any stage of the proceedings if

necessary for the determination of the case itself;
c. Question involving Jurisdiction every case (except estoppel), it can be
raised at any stage.
d. The decision on the constitutional question must be the determinative
(Lis Mota) of the case itself
a. Lis Mota the cause of the suit or action
b. The court stressed that it will not pass upon a question of constitutionality,
although properly presented, if the case can be disposed of on some other
ground, such as the application of the statute or general law.
Effects of Declaration of Unconstitutionality:

Doctrine of Operative Fact as a general rule, the nullification of an unconstitutional
law or act carries with it the illegality of its effects. However, in cases where the
nullification of its effects will result in inequity and injustice, the operative fact doctrine
may apply, and the effects of the unconstitutional act will have to be recognized.
THE PHILIPPINES AS A STATE
State a community of persons, more or less numerous, permanently occupying a
definite portion of territory, independent of external control, and possessing a
government to which a great body of inhabitants render habitual existence.
Elements of a State:
a. People
a. Inhabitants
b. Citizens
c. Electors
b. Territory
a. Territorial Sea limits not exceeding 12 nautical miles, measured from the
baseline.
b. Archipelago Doctrine the waters around, between and connecting the
islands of the archipelago, regardless of their breadth and dimensions, form
part of the internal waters of the Philippines.
c. Read Arbitration Ruling on the dispute between the Philippines and China.
d. Right of Innocent Passage read page 42
e. Contiguous Zone 12 miles
f. Exclusive Economic Zone of 200 miles (counted from contiguous zone)
c. Government the agency or instrumentality through which the will of the State is
formulated, expressed and realized.
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a. Functions:
i. Constituent mandatory for the government to perform because it
constitutes the very bonds of society;
ii. Ministrant functions intended to promote the welfare, progress and
prosperity of the people, and which are merely optional for the
government to perform.
b. Doctrine of Parens Patriae parent of the people; the government may
act as guardian of the rights of people who may be disadvantaged or are
suffering from some disability or misfortune.
c. Classifications of Government:
i. De Jure & De Facto
ii. Presidential & Parliamentary
iii. Unitary & Federal
d. Sovereignty the supreme and uncontrollable power inherent in a State by which
that State is governed
a. Kinds:
i. Legal & Political
ii. Internal & External
b. Characteristics:
i. Permanence
ii. Exclusiveness
iii. Comprehensiveness
iv. Absoluteness
v. Indivisibility
vi. Inalienability
vii. Imprescriptibility
c. Effects of change in Sovereignty
i. Political laws are abrogated
ii. Municipal laws remain in force
d. Effects of Belligerent Occupation:
i. No change in sovereignty;
ii. Political laws (except treason) are suspended
iii. Municipal laws remain in force unless repealed
iv. When Belligerent Occupation ends, political laws which had been
suspended shall be automatically become effective again Doctrine
of Jus Postliminium.
e. Jurisdiction Read page 46
i. Territorial
ii. Personal
iii. Extrateritorial
State Immunity From Suit

The state cannot be sued without its consent
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Consent can be expressly or impliedly given.

Immunity is enjoyed by other states par in parem non habet imperium
Test to determine if suit is against the State:
If the enforcement thereof require an affirmative act from the State, such as the
appropriation of the needed amount to satisfy the judgment.
State immunity from suit may be invoked as long as the suit really affects the property,
rights or interest of the State and not merely those of the officers nominally made party
defendants.
Suit against Government Agencies:
a. Incorporated has an original charter; possesses juridical personality personally
independent from the state; if its charter provides that the agency can be sued,
then a suit will lie.
b. Unincorporated no separate juridical personality;
a. if performing Governmental Functions no suit without consent;
b. If Proprietary Functions suit will lie; when the State engages in principally
proprietary functions, then it descends to the level of a private individual,
and may, therefore, be vulnerable to suit.
Suits against Public Officers:
The doctrine of State immunity also applies to complaints filed against officials of the
State for acts performed by them in the discharge of their duties within the scope of their
authority.
Exceptions, when a Public Officer may be sued without prior consent of the
State (Sanders vs Verdiano):
1. to compel him to do an act required by law;
2. to restrain him from enforcing an act claimed to be unconstitutional;
3. to compel the payment of damages from an already appropriated assurance fund
or to refund tax over-payments from a fund already available for the purpose;
4. to secure a judgment that the officer impleaded may satisfy by himself without the
State having to do a positive act to assist him; and
5. where the government itself has violated its own laws, because the doctrine of
state immunity cannot be used to perpetrate an injustice.
Need for Consent
The complaint (or counterclaim) against the State must allege the existence of such
consent (and where the same is found), otherwise, the complaint may be dismissed.
a. Express Consent can only be given by an act of the legislative body, in a general
or special law.
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a. General Law
EXCEPTION: (Amigable vs Cuenca)
An action for the recovery of the value of the property taken by the
government and converted into a public street without payment of just
compensation was allowed, despite the failure of the property owner to file his
claim with the Auditor General.
The Supreme Court said that suit may lie because the doctrine of State
immunity cannot be used to perpetrate an injustice.
b. Special Law this consent must be embodied in a statute and cannot be
given by a mere counsel.
b. Implied Consent
a. When the State commences litigation;
EXCEPT:
when the State intervenes not for the purpose of asking for any affirmative
relief, but only for the purpose of resisting the claim precisely because of
immunity from suit
b. When the State enters into a business contract. (in pursuit of commercial or
proprietary acts)
NOTE:
Where the contract is in pursuit of a sovereign activity, there is no waiver of
immunity, and no implied consent may be derived therefrom.
c. When the State Intervenes in a case (from Atty. Demigillio)
Scope of Consent
Consent to be sued does not include consent to execute judgement against it.
General Rule: Such execution will require another waiver, because the power of the
court ends when the judgment is rendered, since government funds and properties may
not be seized under writs of execution or garnishment, unless such disbursement is
covered by the corresponding appropriation as required by law.
Exception: But funds belonging to government corporations (whose charters provide
that they can sue and be sued) that are deposited with a bank are not exempt from
garnishment. (refers to GOCCs)
NOTE: Before an execution may proceed against it, a claim for payment of the
judgement of the judgement award must first be filed with COA, pursuant to PD 1445
amending CA 327.
COA decides the allowance or disallowance, subject only to the remedy of appeal thru a
petition for certiorari to the SC.
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TAKE NOTE: funds of a municipality (although it is an incorporated agency whose

charter provides that it can sue and be sued) are public in character and may not be
garnished unless there is a corresponding appropriation ordinance duly passed by the
Sangguniang Bayan. (refers to LGUs, the previous one refers to GOCCs)
Where the municipality fails or refuses, without justifiable reason, to effect payment of a
final money judgment rendered against it, the claimant may avail of the remedy of
mandamus in order to compel the enactment and approval of the necessary
appropriation ordinance and the corresponding disbursement of municipal funds to satisfy
the money judgment.
Suability not equated with outright liability
While consent to be sued was granted through a special law, the government was held
not liable for damages, because under the attendant circumstances the government was
not acting through a special agent. (Merritt v. Government of the Philippine
Islands)
FUNDAMENTAL POWERS OF THE STATE

Inherent Powers of the State:
a. Police Power;
b. Power of Eminent Domain;
c. Power of Taxation.
Similarities:
a.
b.
c.
d.
e.
Inherent in the state;

Necessary and indispensable;
Methods by which the state interferes with private property;
Presupposes equivalent compensation;
Exercised primarily by the legislature.
Distinctions:
a. Police power regulates both liberty and property; Eminent Domain and Taxation
affects only property rights;
b. Police power and taxation can only be exercised by the government; Eminent
Domain can be exercised by private entities.
c. Property taken in Police Power may be noxious; Property taken in Eminent Domain
and taxation is devoted for public use or purpose
d. Compensation in police power is intangible; in eminent domain it is the full fair
market value of the property; in taxation it is the protection and or public
improvements of the government from taxes.
TABLE SUMMARY
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Regula
tes
Exercis
ed by
POLICE
POWER
Liberty &
Property
Rights
Governm
ent Only
Propert
y Taken
Noxious
or
Noxious
Purpose
Compe
nsation
Intangibl
e
EMINENT
DOMAIN
Property
Rights
Only
Governm
ent &
Private
Entities
Wholeso
me &
Devoted
for Public
Use or
Purpose
Full and
fair
equivalen
t of the
property
taken
TAXATIO
N
Property
Rights
Only
Governm
ent Only
Wholeso
me &
Devoted
for Public
Use or
Purpose
Protection
given
and/or
public
improvem
e-nts
POLICE POWER
The power of promoting public welfare by restraining and regulating the use and
enjoyment of liberty and property.
Scope/Characteristics:
Police power:
a. is the most pervasive;
b. the least limitable; and
c. the most demanding of the three powers.
It cannot be bargained away through the medium of a treaty or a contract

The taxing power may be used as an implement of police power.
Eminent domain may be used as an implement to attain the police objective.
NOTE:
Police power legislation is applicable not only to future contracts, but equally to
those already in existence. Non- impairment of contracts or vested rights clauses
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will have to yield to the superior and legitimate exercise by the State of the police
power
While the right of workers to security of tenure is guaranteed by the Constitution,
its exercise may be reasonably regulated pursuant to the police power of the State
to safeguard health, morals, peace, education, order, safety and the general
welfare of the people.
NOTE:
When conditions so demand, as determined by the legislature, property rights

must bow to the primacy of police power because property rights, though sheltered
by the due process clause, must yield to the general welfare.
Who may exercise the power?
The power is inherently vested in the Legislature.

However, Congress may validly delegate this power to the President, to
administrative bodies and to lawmaking bodies of local government units.
Local government units exercise the power under the general welfare clause.
The regulation by local legislatures of land use in their respective territorial
jurisdictions through zoning and reclassification is an exercise of police power.
Limitations of Police Power (Test for Valid Exercise)
a. Lawful Subject
b. Lawful Means
Lawful Subject
This means that the activity or property sought to be regulated affects the general
welfare; if it does, then the enjoyment of the rights flowing therefrom may have to yield
to the interests of the greater number.
Lawful Means
The (1) means employed are reasonably necessary for the accomplishment of the
purpose, and (2) not unduly oppressive on individuals.
Police power concerns government enactments, which precisely interfere with

personal liberty or property to promote the general welfare or the common good.
In the case of (City Government of Quezon City v. Ericta):
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The Quezon City ordinance which required commercial cemetery owners to reserve
6% of burial lots for paupers in the City was held to be an invalid exercise of the
police power, but was, instead, an exercise of the power of eminent domain which
would make the City liable to pay the owners just compensation.
The proper exercise of the police power requires compliance with the following
requisites: (a) the interests of the public generally, as distinguished from
those of a particular class, require the intereference by the State; and (b)
the means employed are reasonably necessary for the attainment of the
object sought and not unduly oppressive upon individuals.
Additional Limitations [When exercised by delegate]
a. Express grant by law
b. Within territorial limits
c. Must not be contrary to law.
For Municipal Ordinances to be Valid: (Magtajas vs Pryce Properties)

a.
b.
c.
d.
e.
f.
must
must
must
must
must
must
not contravene the Constitution or any statute;

not be unfair or oppressive;
not be partial or discriminatory;
not prohibit, but may regulate, trade;
not be unreasonable; and
be general in application and consistent with public policy.
POWER OF EMINENT DOMAIN

Also known as the power of expropriation
The power of eminent domain is the inherent right of the State to condemn private
property to public use upon payment of just compensation.
Jurisdiction over a complaint for eminent domain is with the Regional Trial Court. While
the value of the property to be expropriated is estimated in monetary terms for the
court is duty bound to determine the amount of just compensation to be paid for the
property it is merely incidental to the expropriation suit
Who may exercise the power
Congress and, by delegation, the President, administrative bodies, local government
units, and even private enterprises performing public services.
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Requisites for exercise:

a) Necessity
When the power is exercised by the Legislature, the question of necessity is generally a
political question.
When exercised by a delegate, the determination of whether there is genuine necessity
for the exercise is a justiciable question.
The foundation of the right to exercise eminent domain is genuine necessity and that
necessity must be of public character. Government may not capriciously or arbitrarily
choose which private property should be expropriated.
b) Private Property ,
Private property already devoted to public use cannot be expropriated by a delegate of

legislature acting under a general grant of authority.
All private property capable of ownership may be expropriated, except money and choses
in action. Even services may be subject to eminent domain
c) Taking in the constitutional sense.
May include trespass without actual eviction of the owner, material impairment of the
value of the property or prevention of the ordinary uses for which the property was
intended.
The exercise of the power of eminent domain does not always result in the taking or
appropriation of title to the expropriated property; it may only result in the imposition of a
burden upon the owner of the condemned property, without loss of title or possession.
In Republic v. Castelvi, 58 SCRA 336, the Supreme Court enumerated the following
requisites for valid taking:
1.
2.
3.
4.
the expropriator must enter a private property;

entry must be for more than a momentary period;
entry must be under warrant or color of authority;
property must be devoted to public use or otherwise informally appropriated or
injuriously affected; and
5. utilization of the property must be in such a way as to oust the owner and
deprive him of beneficial enjoyment of the property.
d) Public use.
The term public use has now been held to be synonymous with public interest,
public benefit, public welfare, and public convenience.
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The meaning of public use has also been broadened to cover uses which, while not
directly available to the public, redound to their indirect advantage or benefit.
When exercised by a local government unit.
By express legislative authority granted by Congress in Sec. 19, RA 7160, local
government units may expropriate private property for public use, or purpose, or welfare,
for the benefit of the poor and the landless.
e) Just compensation.
The full and fair equivalent of the property taken; it is the fair market value of the
property. It is settled that the market value of the property is that sum of money which a
person, desirous but not compelled to buy, and an owner, willing but not compelled to
sell, would agree on as a price to be given and received therefor.
In addition to the market value of the portion taken, he is also entitled to payment of
consequential damages, if any, to the remaining part of the property. At the same time,
from the total compensation must be deducted the value of consequential benefits, if
any, provided consequential benefits shall not exceed consequential damages.
Judicial prerogative.
The ascertainment of what constitutes just compensation for property taken in eminent
domain cases is a judicial prerogative.
While commissioners are to be appointed by the court for the determination of just
compensation, the latter is not bound by the commissioners findings.
The court may substitute its own estimate of the value of the property only for valid
reasons, to wit:
(a) the commissioners have applied illegal principles to the evidence submitted to
them;
(b) they have disregarded a clear preponderance of evidence; or
(c) where the amount allowed is either grossly inadequate or excessive
Form of compensation. Compensation is to be paid in money and no other.
Reckoning point of market value of the property.

Compensation is determined as of the date of the filing of the complaint for
eminent domain, but where the filing of the complaint occurs after the actual taking of
the property and the owner would be given undue incremental advantages arising from
the use to which the government devotes the property expropriated, just compensation
is determined as of the date of the taking. Whichever comes first.
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It should be noted that the principal criterion in determining just compensation is the
character of the land at the time of the taking.
Entitlement of owner to interest
Once the value of the property is fixed by the court, the amount shall earn interest at the
legal rate until full payment is effected.
Right of landowner in case of non-payment of just compensation.
As a rule, non-payment of just compensation in an expropriation proceeding does not
entitle the private landowners to recover possession of the expropriated lots, but only to
demand payment of the fair market value of the property.
NOTE: However, in Republic of the Philippines v. Vicente Lim, G.R. No. 161656, June 29,
2005, It was then held that where the government fails to pay just compensation within
five years from the finality of the judgment in the expropriation proceedings, the owners
concerned shall have the right to recover possession of their property.
f) Due process of law.
The defendant must be given an opportunity to be heard.
Expropriation Under the Law

Expropriation under Sec. 18, Art. XII: The State may, in the interest of national welfare or
defense, establish and operate vital industries and, upon payment of just compensation,
transfer to public ownership utilities and other private enterprises to be operated by the
Government.
Sec. 17, Art. XII:
In times of national emergency, when the public interest so requires,
the State may, during the emergency and under reasonable terms prescribed by it,
temporarily take over or direct the operation of any privately owned public utility or
business affected with public interest.
Expropriation under Secs. 4 and 9, Art. XIII.
Comprehensive Agrarian Reform Law.
R.A. 7279 fUrban Development and Housing Act of 1992
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POWER OF TAXATION
Who may exercise.
Primarily, the legislature; also: local legislative bodies [Sec. 5, Art. X, Constitution]; and to
a limited extent, the President when granted delegated tariff powers [Sec. 28 (2), Art. VI]
Limitations on the exercise.
a) Due process of law: tax should not be confiscatory.
b) Equal protection clause: Taxes should be uniform and equitable [Sec. 28 (1), Art. VI].
c) Public purpose
PRINCIPLES AND STATE POLICIES
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Copyright 2016
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