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CONSTILAW

The Regalian Doctrine dictates that all lands of the public domain belong to the State, that the State is the
source of any asserted right to ownership of land and charged with the conservation of such patrimony.
[45] The doctrine has been consistently adopted under the 1935, 1973, and 1987 Constitutions.[46]
The Branches of the Govt
Executive Has the power of the sword.
Purpose - To enforce laws
Legislative Power of the purse
Purpose To make laws

Judiciary Judicial Review The power of the court to test the validity of the act of the executive &
legislative if they conform to the constitution.
The constitution is the supreme law Constitutional supremacy not judicial supremacy
Requisites to question the Constitutionality
actions involving constitutional issues, the firmly settled rule isthat a constitutional question will not be heard and
resolved by thecourts unless the following requirements of judicial inquiry are met:
(1)the existence of an actual case or controversy;
An actual case is a conflicting legal rights or opposing legal claims
( 2 ) t h e p a r t y r a i s i n g t h e c o n s t i t u t i o n a l i s s u e
m u s t h a v e a personal and substantial interest in the resolution thereof; Must be the proper party
The proper is a person whose sustained an injury or is in imminent danger of being injured.
(3)the controversy must be raised at the earliest
r e a s o n a b l e opportunity;

and
( 4 ) t h a t
m u s t ,

t h e

r e s o l u t i o n

o f

t h e

c o n s t i t u t i o n a l

b e indispensable for the final determination of the controversy.

The lis mota must be the very determinative, the constitutional question
A lis mota a controversy begun. Meat of the case or real decision

Citizenship

i s s u e

Mode of acquiring citizenship


Jus Sanguinis by blood relationship
Jus Soli By place of birth

The Fundamental Powers


-Police power
- Power of eminent domain
- Power of taxation

Police Power Power to promote the general welfare by limiting or regulating the use of property or liberty
Its Characteristics
It is the most pervasive for everything involves property or liberty
After all, the individual must yield to the general welfare. Solus Populi Suprema lex esto
Example is Sin taxes

It is the least limitable the most demanding among powers

Who may exercise police power?


The general rule is, the congress, by creating laws that regulate
Valid delegation can also allow its delegation to Local Government Units, The President or Administrative agencies.
Limits or tests of validity
-

Its exercise is discretionary


Used for reasonable means
To determine if it is a lawful subject
Its recourse is public opinion/voting

Must be for the public in general


Mandamus To compel the govt to do something.

The Power of Eminent Domain


Eminent Domain - expropriation the power to take private property for public use upon payment of just compensation
It is only available if you do not consent
The requisites for validity

Necessity for the national public


Must be a private property
Taking Must not take money or choses in action choses in action is essentially a right to sue (wiki)
For Public Use Must be for public interest and not private
Just Compensation It must be full and fair value or its fair market value

The Power of Taxation


-

Enforced proportional contributions from persons and property, levied by the state for the support of Government for
all public needs.

It is not a debt, which is why non-payment can result into criminal action or case
The Lifeblood Doctrine based on the ability to pay
The power to tax includes the power to destroy
Requisites for Validity
-

It must follow due process


Equal Protection
It must be spent for public purpose

Who can impose or exercise this power


-

The national legislature or congress


LGUs can impose thru their legislature as stated by section 5, art x in the consti Still subject to the rules imposed
by the national legislature

Tax exemption Must either be explicit thru the constitution or statutory construction
Double taxation additional taxes are levied on the same subject by the same taxing authority during the same taxing period
for the same purpose,
Not confiscatory unless the court sits.
Must be on useful and not non useful

Difference of Police power and taxation power


PP regulates while PT is for revenue thru brackets, rates or class
Like thru PRC and PT has Assessments

Justiciable Questions - can be brought to court


Political Questions Left to the people