Pre-Bar Quizzer in Political Law – PART 2: Constitution of Liberty 1 – 10

1. Define Police Power.

It is the power vested in the legislature by the Constitution to make, ordain, establish all manner of wholesome and reasonable laws for the good and welfare of the State and its people. (ERMITA MALATE HOTEL VS. CITY MAYOR, July 31, 1967)

2. What are the basic purposes/aspects of police power?

a.  to promote the general welfare, comfort and convenience of the people; (ASSOCIATION OF SMALL LANDOWNERS VS. SECRETARY, 175 SCRA 343; US VS. TORIBIO, 15 Phil. 85

b.  to promote and preserve public health; (VILLANUEVA VS. CASTANEDA, September 21, 1987; DECS VS. SAN DIEGO, 180 SCRA 533 [NMAT]; LORENZO VS. DIRECTOR OF HEALTH, 50 Phil. 595—apprehend and confine lepers in a leprosarium)

c.  to promote and protect public safety; (AGUSTIN VS. EDU, 88 SCRA 195; TAXICAB OPERATORS VS. JUINIO, 119 SCRA 897 )

d.  to maintain and safeguard peace and order; (GUAZON VS. DE VILLA)

e.  to protect public morals; (DE LA CRUZ VS. PARAS, 123 SCRA 569; ERMITA MALATE HOTEL VS. CITY MAYOR, July 31, 1967; JMM PROMOTIONS VS. CA, 260 SCRA 319; VELASCO VS. VILLEGAS, February 13, 1983)

f.  to promote the economic security of the people. (ichong vs. hernandez, 101 Phil. 11155)

3. Distinguish Police Power with Power of Eminent Domain.

The distinctions are:

  1. The power of eminent domain is the inherent right of the State to condemn or to take private property for public use upon payment of just compensation while police power is the power of the state to promote public welfare by restraining and regulating the use of liberty and property without compensation;
  2. In the exercise of police power, enjoyment of a property is restricted because the continued use thereof would be injurious to public welfare. In such case, there is no compensable taking provided none of the property interests is appropriated for the use or for the benefit of the public. Otherwise, there should be compensable taking if it would result to public use.
  3. Properties condemned under police power are usually noxious or intended for noxious purpose; hence , no compensation shall be paid. Likewise, in the exercise of police power, property rights of private individuals are subjected to restraints and burdens in order to secure the general comfort, health and prosperity of the state.(Didipio earth savers multi purpose association vs. denr sec. Elisea gozu, et al., 485 scra 586)

4. What are the tests for a valid exercise of police power?

  1. the interests of the public, not mere particular class, require the exercise of police power; (LAWFUL SUBJECT)
  2. the means employed is reasonably necessary for the accomplishment of the purpose and not unduly oppressive to individuals. (LAWFUL MEANS). In short, the end does not justify the means.

5. Define Due Process.

Due process is a law which hears before it condemns, which proceeds upon inquiry and renders judgment only after trial (Per Daniel Webster in the DARTMOUTH COLLEGE CASE)

6. What are the Kinds of Due Process?

  1. Substantive due process  –  requires the intrinsic validity of the law in interfering with the rights of the person to life, liberty or property. In short, it is to determine whether it has a valid governmental objective like for the interest of the public as against mere particular class.
  2. Procedural due process  –  one which hears before it condemns, or the procedure as pointed out by Daniel Webster.

7. What are the requisites of “Judicial Due Process”?

As held in BANCO ESPANOL VS. PALANCA, 37 Phil. 921. The requisites are:

  1. There must be an impartial court or tribunal clothed with judicial power to hear and decide the matter before it;
  2. Jurisdiction must be lawfully acquired over the person of the defendant or over the property subject of the proceedings;
  3. The defendant must be given the opportunity to be heard;
  4. Judgment must be rendered only after lawful hearing.

8. What are the requisites of Due Process before administrative bodies?

As held in TIBAY VS. CIR, 69 Phil. 635, the requisites are:

  1. the right to a hearing which includes the right to present evidence;
  2. the 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 based on the evidence presented during the hearing;
  6. the tribunal or body must act on its own independent consideration of the law or facts;
  7. the board or body shall in all controversial questions, render its decision in such a manner that the parties to the proceedings can know the various issues involved.

9. If an accused was represented by a non-lawyer during the trial of his criminal case, what right of the said accused was violated? Is he entitled to a new trial?

If an accused was represented by a non-lawyer during the trial (though he thought that he was a lawyer), his right to due process was violated and therefore entitled to a new trial. (DELGADO VS. CA, November 10, 1986)

10. What are the requisites of Procedural Due Process in disciplinary actions against students?

As held in GUZMAN VS. NU, 142 SCRA 706, the requisites are:

1.   the students must be informed in writing of the nature and cause of any accusation against them;

2.   they shall have the right to answer the charges against them, with the assistance of counsel;

3.   they shall be informed of the evidence against them;

4.   they shall have the right to adduce evidence in their own behalf;

5.   the evidence must be duly considered by the investigating committee or official designated by the school authorities to hear and decide the case.

 

Source:

Pre-Bar Quizzer in Political Law (Doctrinal Rulings, Requisites and Definitions)

July, 2008 by Atty. Larry D. Gacayan

College of Law, University of the Cordilleras

Baguio City

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About Magz

First of all, I am not a lawyer. I'm a graduate of AB Political Science and went to the College of Law but stopped going to law school for some reasons. I'm a passionate teacher who has been teaching English to speakers of other languages and a person who likes writing and blogging. I lost some important files and software when my computer broke down so the reason I created this website is to preserve the notes, reviewers and digests I collected when I was at the law school and at the same time, I want to help out law students who do not have enough time to go and read books in the library.

Posted on July 4, 2014, in Political Law and tagged . Bookmark the permalink. Leave a comment.

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