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
