CONSTI

Art 3
There are 3 inherent powers od the state
Police power- regulates both liberty and property, exercised only by the government, propertytaken is
unusually noxious or intended for a nocious purpouse and may be destrouedintangible altruistic feeling
Power of eminent domain effect- full and fail equivalent of the property taken
Taxation

Basic
Directed against the state
Violation by the state, not govern private persons relations
III focuses on civil and political rights
Article XIII focuses on social and economic rights

Art 3 sec 1
Due process and equal protection
All persons-citizens aliens natural corporate
No distinction

Right to life- not limited to right to be alive, or security, it also includes right to a good life

Right to property- right to work and earn a living

Rights of a public officerdue process is that you are given due process before being fired
Fundamental rights are imprescribtible

Human rights-
Property rights-

Aspects
Due process

Procedural-mode of procedure which government agencies mist follow in the enforcement and application
of laws
Essence- notice and opportunity to b heard
Subsequent hearing

Substantive- a prohibition of arbitrary laws

Juducial procedings
There must be a court or tribunal clothes with jufucual power tohear
Jurisdiction must belawfully acqwuired over the person of the degendant or over the property which is the
subject
Defendant must be given an opportiunity to hear
Judgment must be rendered upoin lawful hearing

Due process Administrative proceedings

Right to ahearing wihivh inliedes the right to present

Academic institutions due process

Substantive due process

The means are reasonably necessary for

Ordinance
Must not contravene the constitution
Must not be unfair or oppressive
Must not be partial or discriminatory
Mjust not prohibit byt may regulate trade
Must be general and consistent with public policy
Must not be unreasonable

Equal protection
Must rest on substantial distinctions
Must be germane to the purpose of the law
Must not be limited to existing conditions on;y
Must applu equally to all members of the same class

Equal protection clause test

Strict scrutiny test

Intermediate or middle tier test
Minimum or rational basis test

Section 3
Valid uintrusion
Lawful order of the court
Prescribed by law

Decisional privacy-right to make important decisions

Informational privacy- right to not have private info disclosed

Tests of privacy
Subjective
Objective

(vivares happened without data privacy act)

section 4
prohibitions (apply only to lawful speech)
prior restraint
-generally, unconstitutional
dangerous tendency (attacking supreme court)
balancing of interests test
clear and present danger test essence proximity and degree (other courts)

Types of restraint
content neutral- Obrien test or intermediate approach (comelec cases)
content-based

commercial speech- purpose is to propose

must not be false or misleading or

subsequent punishment-libel

public official must prove actual malice to recover damages

with knowledhe that it was false or with reckless isgeregard or whrther it was gace or not
-cannot claim damages if it involbes their official duties, morality, public concerne these thing
celebritiesprivate individuals public figures000 utterance must be false, malicious, orrelevant to public
interest
overy defamatory imputation is presumed malicious but the presumption of malice does not exist in
private communication a true and failr report made in good faith without any comment or remarks of
juficial, legislative, or etc

obscenity-miller test
section 5
non establishment-may or may not involve compulsion
free exercise- involves compulsion

govt must not prefer one religion over another

(benevolent neutrality)

government action must not aid religion

govt funds must not be applied to religious purposed
govt action must not result in excessive entanglement with religion

lemon case
pope visit-no violation because it was state visit

lemon test-government aid

religious expression
right to free speech
and right to

when religious epression cannot violate the establishment clause:

purely private
occurs in a traditional or fesifnated public forum public announced and open to all on equal terms

--benevolent neutrality-provide accomodations

free exercise:
freedom to believe and
freedom to actcan be regulated

government has no involvement in ex-communication

section 6
liberty of abode
changing the same
right to travel

when regulated
-lawful order fo the court
by law in interest of national security and public health

renter to enter own country

-restritction may be allowed just not arbitrary

sec 7 ONLY FOR CITIZENS

right to info on matters of public concern
right to access official records and documents

pubic right-real parties and citizens legaspi v csc

-read: Executive orders, freedom of information billprovides nothing new

regulatory discretion must include both authority to dertermine matters of public concern and authority to
determine the manner of access to them
but courts will determine

recognized limits to right to information

sec 8
right to form associations include the right not to join
right to strike is different from right to form unions

sec 9
eminent domain
inherent in LEGISLATURE
can be delegated to government agencies

wy public use? Because public money is used for just compensation

public use-constitutional provision that no monet may be used tto

stages in expropriation proceedings

determination of authority to exrcise power of eminent domain and propriety CA can try

if there was just compensation

Taking
Expropriator must enter private proprityu (also in the form of patrimonial propertylocal governments can
own private property)
Entrance must be for a momentrayu period
Entry must be under warrant or color of authority
Devoted to public use
Utilization must be in such a way as to oust the owner and deprive him of all veneficial enjoyment of the
property
Causby- air rights, still bothered land rights

Just compensation

fair market value- price fixed by the buter and seller in the open market in the usual a nd ordinary course
of legal atrade and competioint

general rule-valie of the time of filing of complaint

exception: time of entry- based on

consequential damages minus compensation

entry prior to judgment

sec 10
non-impairment clajuse

while contracts cannot be impaired, this prohibition is trumped by police power

always subject to police power
because the government gives you license

when is it impaired id it changes the legal ters

How to answer exams

Conclusion rule analysis, conclusion
Limit to general provision
-apply rule to facts
IRAC

Address all issues

---plastic reindeer test- when the government is making an expression that