Vous êtes sur la page 1sur 9

TOPIC CASE DOCTRINE/PRINCIPLE

Agrarian Reform Astudillo vs. Secretary, GR Moreover general welfare


139285, December 21, legislation such as land reform
2007 laws is to be construed in favor
of the promotion of social
justice to ensure the well-being
and economic security of the
people. Since a broad
construction of the provision
listing the properties exempted
under the CARL would tend to
denigrate the aims of agrarian
reform, a strict application of
these exceptions is in order

The right of retention is a


Danan v. CA constitutionally
guaranteed right, which is
subject to qualification by
the legislature. It serves
to mitigate the effects of
compulsory land
acquisition by balancing
the rights of the
landowner and the tenant
and by implementing the
doctrine that social
justice was not meant to
perpetrate an injustice
against the landowner

The transcripts of the


deliberations of the
Luz Farms v. Secretary of
Constitutional Commission of
Agrarian Reform, GR
86889, December 4, 1990 1986 on the meaning of the
word "agricultural," clearly
show that it was never the
intention of the framers of the
Constitution to include
livestock and poultry industry
in the coverage of... the
constitutionally-mandated
agrarian reform program of
the Government.
The Committee adopted the
definition of "agricultural
land" as defined under Section
186 of R.A. 3844, as land
devoted to any
growth. Including but not
limited to crop lands, saltbeds,
fishponds, idle and...
abandoned land (Record,
CONCOM, August 7, 1986, Vol.
III, p. 11).
The intention of the
Committee is to limit the
application of the word
"agriculture."

"to protect and promote the right Del Rosario v Bengzon In any event, no private contract
to health of the people" and "to between doctor and patient may
make essential goods, health and be allowed to override the power
other social services available to of the State to enact laws that
all the people at affordable cost" are reasonably necessary to
(Section 15, Art. II and Section secure the health, safety, good
11, Art. XIII, 1987 Constitution). order, comfort, or general
welfare of the community. This
power can neither be abdicated
nor bargained away. All
contractual and property rights
are held subject to its fair
exercise

The law aims to benefit the


impoverished (and often sickly)
majority of the population in a
still developing country like ours,
not the affluent and generally
healthy minority.
Fiscal autonomy CHR Employees v. CHR, GR In essence, fiscal
155336, July 21,2006 autonomy entails freedom
from outside control and
limitations, other than
those provided by law. It
is the freedom to allocate
and utilize funds granted
by law, in accordance
with law, and pursuant to
the wisdom and dispatch
its needs may require from
time to time.22 In Blaquera
v. Alcala and Bengzon v.
Drilon,23 it is understood
that it is only the
Judiciary, the CSC, the
COA, the COMELEC,
and the Office of the
Ombudsman, which enjoy
fiscal autonomy
Simon v. Human Rights civil and political
Commission
rights as defined in
the Universal
Declaration of
Human Rights

“social and economic


rights, and there are
other violations of
rights of citizens
which can be
addressed to the
proper courts and
authorities.

Human rights include


civil rights (right to
life, liberty and
property; freedom of
speech, of the press,
of religion, academic
freedom; rights of
the accused to due
process of law),
political rights (right
to elect public
officials, to be
elected to public
office, and to form
political associations
and engage in
politics), social rights
(right to education,
employment and
social services.
Human rights are
entitlements that
inhere in the
individual person
from the sheer fact
of his
humanity...Because
they are inherent,
human rights are not
granted by the State
but can only be
recognized and
protected by it.
Human rights
includes all the civil,
political, economic,
social and cultural
rights defined in the
Universal Declaration
of Human Rights.
Human rights are
rights that pertain to
man simply because
he is human. They
are part of his
natural birth, right,
innate and
inalienable.
CIVIL RIGHTS - are
those that belong to
every citizen and are
not connected with
the organization or
administration of the
government.
POLITICAL RIGHTS -
are rights to
participate, directly
or indirectly, in the
establishment or
administration of the
government.
ch

Protection of labor PASEI v. Drilon, 163 SCRA 386 The concept of police power is
well-established in this
jurisdiction. It has been defined
as the "state authority to enact
legislation that may interfere
with personal liberty or
property in order to promote
the general welfare." 5 As
defined, it consists of (1) an
imposition of restraint upon
liberty or property, (2) in order
to foster the common good. It is
not capable of an exact
definition but has been,
purposely, veiled in general
terms to underscore its all-
comprehensive embrace

It finds no specific
Constitutional grant for the
plain reason that it does not
owe its origin to the Charter.
Along with the taxing power
and eminent domain, it is
inborn in the very fact of
statehood and sovereignty. It is
a fundamental attribute of
government that has enabled it
to perform the most vital
functions of governance.
Marshall, to whom the
expression has been credited, 7
refers to it succinctly as the
plenary power of the State "to
govern its citizens.
It finds no specific
Constitutional grant for the
plain reason that it does not
owe its origin to the Charter.
Along with the taxing power
and eminent domain, it is
inborn in the very fact of
statehood and sovereignty. It is
a fundamental attribute of
government that has enabled it
to perform the most vital
functions of governance.
Marshall, to whom the
expression has been credited, 7
refers to it succinctly as the
plenary power of the State "to
govern its citizens.

Oposa v. Factoran Jr. 224 landmark case of Oposa v.


SCRA Factoran,45 where we held that
the right to a balanced and
healthful ecology is a
fundamental legal right that
carries with it the correlative
duty to refrain from impairing
the environment.

A final word. Laws pertaining


Province of Rizal v. Executive to the protection of the
Secretary, G.R. environment were not drafted
129546 in a vacuum. Congress passed
these laws fully aware of the
perilous state of both our
economic and natural wealth.
It was precisely to minimize
the adverse impact humanity’s
actions on all aspects of the
natural world, at the same time
maintaining and ensuring an
environment under which man
and nature can thrive in
productive and enjoyable
harmony with each other, that
these legal safeguards were
put in place. They should thus
not be so lightly cast aside in
the face of what is easy and
expedient.

Cruz v. DENR secretary

Right to health Tondo Medical Center The HSRA cannot be nullified


Employees v CA, based solely on petitioners’
GR 167324, bare allegations that it violates
the general principles expressed
in the non self-executing
provisions they cite herein.
There are two reasons for
denying a cause of action to an
alleged infringement of broad
constitutional principles: basic
considerations of due process
and the limitations of judicial
power
The power of local government
to "impose taxes and fees" is
always subject to "limitations"
which Congress may provide by
law. Since PD 1869 remains an
"operative" law until "amended,
repealed or revoked" (Sec. 3,
Art. XVIII, 1987 Constitution), its
"exemption clause" remains as
an exception to the exercise of
the power of local governments
to impose taxes and fees. It
cannot therefore be violative
but rather is consistent with the
principle of local autonomy.

Besides, the principle of local


autonomy under the 1987
Constitution simply means
"decentralization" (III Records
of the 1987 Constitutional
Commission, pp. 435-436, as
cited in Bernas, The
Constitution of the Republic of
the Philippines, Vol. II, First Ed.,
1988, p. 374). It does not make
local governments sovereign
within the state or an
"imperium in imperio."

Local Government has been


described as a political
subdivision of a nation or state
which is constituted by law and
has substantial control of local
affairs. In a unitary system of
government, such as the
government under the
Philippine Constitution, local
governments can only be an
intra sovereign subdivision of
one sovereign nation, it cannot
be an imperium in imperio.
Local government in such a
system can only mean a
measure of decentralization of
the function of government.
(emphasis supplied)

As to what state powers should


be "decentralized" and what
may be delegated to local
government units remains a
matter of policy, which
concerns wisdom. It is therefore
a political question. (Citizens
Alliance for Consumer
Protection v. Energy Regulatory
Board, 162 SCRA 539).

What is settled is that the


matter of regulating, taxing or
otherwise dealing with
gambling is a State concern and
hence, it is the sole prerogative
of the State to retain it or
delegate it to local governments

We, likewise, find no valid


ground to sustain this
contention. The petitioners'
posture ignores the well-
accepted meaning of the clause
"equal protection of the laws."
The clause does not preclude
classification of individuals who
may be accorded different
treatment under the law as long
as the classification is not
unreasonable or arbitrary
(Itchong v. Hernandez, 101 Phil.
1155). A law does not have to
operate in equal force on all
persons or things to be
conformable to Article III,
Section 1 of the Constitution
(DECS v. San Diego, G.R. No.
89572, December 21, 1989).

Vous aimerez peut-être aussi