Interests of the public in general as

distinguished from those of a particular class.

2) Lawful means
o
Reasonable
necessary
for
the
accomplishment of the purpose, and not
unduly oppressive to individuals.
Addition limitations when exercised by delegate:
3) Express grant of law
4) Within territorial limits.
o
Exception: When exercised to
protect water supply.
5) Must not be contrary to law.
o

Article III
Bill of Rights

Bill of Rights

The set of prescriptions setting forth the fundamental civil

and political rights of the individual, and imposing limitations
on the powers of the government as a means of securing
the enjoyment of those rights.

Limitation on the inherent power of the State.

Basic Principles of Police Power, Eminent Domain and Taxation

Power of Eminent Domain

Power of expropriation.

Inherent powers of the State:

Police Power

Power of Eminent
Domain
Inherent in State.

Power of Taxation

Exercised even without need of express constitutional grant.

Necessary and indispensable.

State cannot be effective without them.

Methods by which State interferes with private property.
Presuppose equivalent compensation.
Exercised primarily by the Legislature.
Regulates both liberty
Affect only property rights.
and property.
Exercised only by the May be exercised by Exercised only by the
government.
private entities.
government.
Property
taken
is Property is wholesome and devoted to public use or
usually
noxious
or purpose.
intended for a noxious
purpose and may thus
be destroyed.
Compensation is the Compensation is the full Compensation is the
intangible,
altruistic and fair equivalent of protection given and/ or
feeling
that
the the property taken.
public
improvements
individual
has
instituted
by
the
contributed to the public
government for the
good.
taxes paid.
Police power

The power of promoting public welfare by restraining and

regulating the use of liberty and property.
Tests for Valid Exercise of Police power:

Limitations.
1) Lawful subject

Requisites for exercise of the power of eminent domain:

1. Necessity.
2. Private property.
3. Taking in the constitutional sense.

May include:
a) Trespass without actual eviction of the owner;
b) Material impairment of the value of the property;
or
c) Prevention of the ordinary uses for which the
property was intended.
Requisites for valid taking:
1) Expropriator must enter a private property;
2) Entry must be for more than a momentary period;
3) Entry must be under warrant or color of authority;
4) 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.
4.
5.

Public use
Just compensation

Full and fair equivalent of the property taken.

Fair market value of the property.

Market value
o
That sum of money which a person desirous abut
not compelled to buy, and an owner, willing but not
compelled to sell, would agree on as price to be
given and received therefor.
Reckoning point of market value:
a) Date of filing of the complaint for eminent domain; or
b) Date of taking
o
Where the filing occurs after the actual taking of the
property and the owner would be given undue

incremental advantages arising from the use of

which the government devotes the property
expropriated.

--Ordinance

Resolution

A law.

Merely a declaration of the sentiment

or opinion of the lawmaking body on a
specific matter.

Just Compensation= ( Market value+Consequential damages ) Consequential benefits .

6.

Due process of law.

Power of taxation
Taxes

Possesses a general and permanent

character.

Temporary in nature.

Third reading is necessary for its

enactment.

Does not requires a third reading,

unless decided otherwise by a
majority of the Sangguinan members.

The enforced proportional contributions from persons or property,

levied by the State by virtue of its sovereignty, for the support of the
government and for all public needs.

Taxation

The method by which these contributions are exacted.

Limitations on the exercise of the power of taxation:
1) Due process of law

Should not be confiscatory.

2) Equal protection clause
Section 28.
(1)
(2)

(3)

(4)

3)

The rule of taxation shall be uniform and equitable. The Congress shall evolve a
progressive system of taxation.
The Congress may, by law, authorize the President to fix within specified limits, and
subject to such limitations and restrictions as it may impose, tariff rates, import and
export quotas, tonnage and wharfage dues, and other duties or imposts within the
framework of the national development program of the Government.
Charitable institutions, churches and personages or convents appurtenant thereto,
mosques, non-profit cemeteries, and all lands, buildings, and improvements, actually,
directly, and exclusively used for religious, charitable, or educational purposes shall
be exempt from taxation.
No law granting any tax exemption shall be passed without the concurrence of a
majority of all the Members of the Congress.

Pubic purpose.

Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor
shall any person be denied the equal protection of the laws.
A.

Life, Liberty or Property

Life

Liberty

Right to his body in its completeness, free from dismemberment,

and extends to the use of the God-given faculties which make
life enjoyable.

Includes the right to exist and to be free from arbitrary

personal restraint or servitude.

Property

Anything that can come under the right of ownership and be the
subject of contract.

Administrative due process (Ang Tibay v. CIR)

1) Right to a hearing, including the right to present ones case and
submit evidence.
2) Tribunal must consider the evidence presented.
3) The decision must have something to support itself.
4) The evidence must be substantial.
5) The decision must be rendered on the evidence presented at the
hearing or at least contained in the record and disclosed to the
parties.
6) The tribunal must act on its own independent consideration of the
facts and the law and not simply accept the views of the
subordinate in arriving at a decision.
7) Decision must be rendered in such a way that parties will know the
issues involved and the reasons for the decision.
C.

Substantive due process

1)
2)

Aspects of due process:

1) Procedural
2) Substantive
D.
B.

Procedural due process

1)

2)

3)

4)

An impartial court or tribunal clothed with judicial power to hear and

determine the matter before it.

The one who decided the case should not be the same
person to decides it on appeal.
Jurisdiction must be lawfully acquired over the person of the
defendant and over the property which is the subject matter of the
proceeding.
1. Service of summons
2. Voluntary appearance before the court or submission of
pleadings
The defendant must be given an opportunity to be heard hence,
must be impleaded in the complaint.

Exceptions:
1. NLRC
o
Position papers are sufficient.
2. Evaluation stage of the extradition process
3. Administrative proceedings
o
Explain side and MR are sufficient
4. Cancellation of passport
5. Preventive suspension of CSC
6. Distraining of property for tax delinquency
7. Padlocking of unsanitary restaurants or
theaters showing obscene movies.
8. Abatement of nuisance per se.
Judgment must be rendered upon lawful hearing i.
Be informed
how the case was decided.

The interests of the public, require the intervention of the State, as

distinguished from those of a particular class.
Means
employed
are
reasonably
necessary
for
the
accomplishment of the purpose, and not unduly oppressive.

Equal protection of law

All things similarly situated should be treated alike, both as to

rights conferred and responsibilities imposed. But artificial
persons enjoy this only for property rights.

Substantial/ Reasonable classification

Those ostensibly similarly situated may be treated differently if

there is a basis for valid classification:
1) Substantial distinctions which make for real differences;
o
Ex: Alien v. National
2) Germane to the purpose of the law;
o
Distinctions have a reasonable relation to the
purpose.
3) Not limited to existing conditions only;
o
Must apply to all, including those not yet
existing.
4) Must equally apply to all members of the same class.

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
searched and the persons or things to be seized.

A. When is a search a "reasonable search"?

Justiciable question

Requisites of a valid warrant:

1)

2)

Probable cause

Facts and circumstances which would lead a reasonably

discreet and prudent man to believe that an offense has
been committed and that the objects sought in connection
with the offense are in the place sought to be searched.
Determination of probable cause personally by a judge

Not a ministerial function.

He could rely on the findings of the fiscal but, he is not

bound.
1.

2.

3)

submitted
Particularity of description

General warrants are proscribed.

THINGS TO BE SEIZED: as specific as circumstances will

ordinarily allow, expresses a conclusion of fact not of law,
things described are limited to those which bear direct
relation to the offense; PLACE TO BE SEARCHED, THE
PERSONS TO BE SEARCHED
Purpose:
1. To enable the law enforcers serving the warrant to readily
identify the properties to be seized and thus prevent them
from seizing the wrong items.
2. Leave said officers with no discretion regarding the articles
to be seized and thus prevent unreasonable searches and
seizures.

The right is personal.

o
May be waived by the person expressly or impliedly.
Objections must be made before entering plea.
o
Otherwise, implied waiver.
Filing of charges and issuance of a warrant of arrest against a
person invalidly detained will cure the defect.

Search warrant

An order in writing, issued in the name of the People of the

Philippine Islands, signed by a judge or a justice of the peace, and
directed to a peace officer, commanding him to search for personal
property and bring it before the court

B.

4)

Properties
1)
2)
3)

subject to seizure:
Subject of the offense;
Stolen or embezzled property or fruits of the offense;
Property used or intended to be used as means for the
commission of an offense

Not necessary that the property seized or searched be owned by

the person against whom the warrant is issued, it is sufficient
that it is within his control or possession.

Conduct of search: In the presence of the lawful occupant or any

member of his family otherwise, 2 witnesses of sufficient age
and discretion, residing in the same locality.

Personally evaluate the report and supporting documents

submitted by the fiscal regarding the existence of probable
cause and on the basis thereof, issue a warrant of arrest;
or
If he finds no probable cause, he may disregard the
prosecutors report and require the submission of
supporting affidavits of witnesses to aid him in arriving at a
conclusion as to the existence of probable cause

After examination under oath or affirmation, of the complainant and

the witnesses he may produce

Personally examine in the form of searching questions, in

writing and under oath, the complainants
and any
witnesses on facts personally known to them and attach to
the record their sworn statements together with affidavits

C. Warrantless searches and seizures

RULE 113
Arrest

Warrantless Searches
1) When the right is voluntarily waived;
1.
The right exists;
2. Person involved had knowledge, either actual or
constructive, of the existence of such right;
3. Said person had an actual intention to relinquish such
right.

Section 5. Arrest without warrant; when lawful. A peace officer or

a p r i v a te p e r s o n m a y, w i t h o u t a w a r r a n t , a r r e s t a p e r s o n :
(a) When, in his presence, the person to be arrested has
committed, is actually committing, or is attempting to commit
an offense;
(b) When an offense has just been committed, and he has
probable cause to believe based on personal knowledge of
facts or circumstances that the person to be arrested has
committed it; and
(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 is temporarily confined while his case is pending,
or has escaped while being transferred from one confinement
to another.

2)

In cases falling under paragraph (a) and (b) above, the person
arrested without a warrant shall be forthwith delivered to the nearest
police station or jail and shall be proceeded against in accordance
wi t h se c t i on 7 o f R ul e 112 .
1)
2)

3)

When the person to be arrested has committed, is actually

committing, or is attempting to commit an offense in his presence or
within his view hot pursuit or entrapment;
When an offense had just been committed and there is probable
cause to believe, based on his personal knowledge of facts or other
circumstances, that the person to be arrested has committed the
offense there must be a large measure of immediacy
When the person to be arrested is a fugitive from justice

Waiver of invalid warrantless arrest

Examples:
a) Submitting himself to the jurisdiction of the court
entering a plea, participating in the trial;
b) Posting of a bail bond

Limitations:
1) Illegal arrest only.
o
Does not extend to the search made as an
incident thereto.
2) Any evidence obtained shall be inadmissible in evidence.
3) Consequent filing of charges and issuance of Warrant of
arrest will cure the defect.

When there is a valid reason to stop-and-frisk;

Right of a police to stop a citizen on the street, interrogate

him, and pat him for weapons whenever he observes
unusual conduct which leads him to conclude that criminal
activity may be afoot.
1.

3)

Searches of passengers at airports part of the contract

is waiver.
Silence or consent under intimidating or coercive
circumstances no waiver.
Waiver must be given by the person whose right is
violated.

Search should precede the arrest

Where search and seizure is an incident to a lawful arrest;

Search must be contemporaneous to the arrest and made

within a permissible area of search (premises under his
immediate control)
1.
2.

Arrest must precede the search;

Search is effected on the basis of probable cause
o Tip, acting suspiciously, matter presented
urgency, tell-tale clues.

4)

Search of vehicles and aircraft;

No ample time for authorities to procure SW because the

powerful motors enable them to elude pursuit.

5)

Search of moving vehicles;

Stop and search

o
If required by exigencies, and conducted in a
manner least intrusive to motorists.

Checkpoint
a) Visual search visual.
b) Extensive search

If officers had reasonable or

probable cause to believe,
before the search that the
motorist is an offender or they
will find the instrumentality or
evidence pertaining to a
crime in the vehicle to be
searched

6)

Inspection of buildings and other premises for the enforcement of

fire, sanitary, and building regulations;

Exercise of police power which must be conducted during

reasonable hours.
7)

Prohibited articles are in plain view;

1.
2.
3.
4.

8)

A prior valid intrusion based on valid warrantless arrest in

which the police are legally present in the pursuit of their
official duties;
Evidence was inadvertently discovered by the police who
have the right to be where they are;
Evidence must be immediately apparent;
Plain view justified the seizure without any further search.

Search and seizure under exigent and emergency circumstances.

D. Searches and seizures "of whatever nature and for any purpose"

E. Warrantless arrests

B. Waiver of rights
Section 3.
C. Anti-Wire Tapping Act
(1)

(2)

A.

The privacy of communication and correspondence shall be inviolable except upon

lawful order of the court, or when public safety or order requires otherwise, as
prescribed by law.
Any evidence obtained in violation of this or the preceding section shall be
inadmissible for any purpose in any proceeding.

Exclusionary rule

Evidence obtained in violation Sec. 2 shall

inadmissible for any purpose in any proceeding

D. Privacy of bank accounts

E.

Privacy of Communication

F. Writ of Habeas Data

be