Bill of Rights

BILL OF RIGHTS

A. Inherent Powers of the State

1. Police Power
2. Power of Eminent Domain
3. Power of Taxation

Police Power

1. Nature and Basis for Police Power

• Police power is the most essential, consistent and illimitable power of the State which enables it to prohibit hurtful things to comfort, safety and welfare of the society.
• Based on the law of overruling necessity which means that the state has the power to restrain and regulate the use of liberty and property for the promotion of public welfare.

2. Requisites for the Valid Exercise

• Lawful Subject – the power will be exercised to promote the interests of the public in general, as distinguished from those of a particular class.
• Lawful Means – the means of employed are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive on individuals.

3. Exercises the Police Power

• Police power is logged primarily in the National Legislature.
• It cannot be exercised by any group or body of individuals not possessing legislative power.

4. Legislature that Delegates

• The National Legislature, however, may delegate this power to the President and administrative boards as well as the lawmaking bodies of the municipal corporations or local government units.
• Once delegated, the agents can exercise only such legislative powers as are conferred on them by the national lawmaking body.

Power of Eminent Domain

1. Nature and Basis

• Power of the State to forcibly take private property or public use upon payment of just compensation.
• Based on the necessity of the property for public use.

2.1. Requisites for the Valid Exercise

• Necessity that is of public character;
• The subject of the exercise must be private property except money and choses in action;
• There must be taking of the private property by the government, whether actual;
• The taking must be for public use;
• The owner of the private property must be paid just compensation for the property taken; and
• Due process must be observed in the taking of the property.

(Can the public character of the necessity for the taking be questioned before the courts?) – It depends. If the discretion is exercised by the Congress, it is a political question. If it is only delegated power, we must distinguish between grant of special authority or grant of general authority. Grant of specific authority is not a justiciable question. Grant of general authority may be addressed to the courts.

2.2. Requisites for the Actual Taking of Property

• Expropriator must enter a private property;
• Entry must not be for a momentary period only;
• Entry must be under a warrant or color of authority;
• Property must be devoted to public use or otherwise informally appropriated or injuriously affected; and
• Utilization of the property must be in such a way as to oust the owner and deprive him of beneficial enjoyment of the property.

3. Manner of Constructive Taking of Property

• The Supreme Court ruled that compensable taking includes destruction, restriction, diminution, or interruption of the rights of the ownership in a lawful manner, lessening or destroying its value.
• The owner be wholly deprived from the use of his property, nor material whether the property is removed from the possession of the owner, or in any respect changes hands.

4. Exercises the Power of Eminent Domain

• Logged in the legislative branch of the government.

5.1. Legislature that Delegates

• The LGU’s may delegate the exercise, other public entities and public utilities.
• LGU is to exercise the power to expropriate private property only when authorized by Congress and subject to latter’s control and restraints imposed “through the law conferring the power or in other legislation.”
• LGU’s power also lays down the parameter for its exercise.

5.2. Requisites that can concur before LGU exercise the Power of Eminent Domain

• Enacted by the local legislative council authorizing the local chief executive, in behalf of LGU.
• Exercised for public use, purpose or welfare, or for the benefit of the poor and the landless.
• There is a payment of just compensation, as require under Section 9, Article 3.
• A valid and definite offer has been previously made to the owner of the property sought to be expropriated, but said offer was not accepted.

Power of Taxation

1. Nature and Basis

• The power of tax is inherent in the State in order to raise revenues to defray the expenses of the government of for any public purposes.
• Taxes are imposed for the support of the government in return for the general advantages and protection which the government affords to taxpayers and their property.
• Taxes are the lifeblood of the government.
• The power impose them to be clothed with the implied authority to devise ways and means to accomplish their collection in the most effective manner. Without this implied power, the end of government may falter or fall.
• It is a process by which the government, through its legislative branch imposes and collects revenues to defray the necessary expenses of government, to be able to carry out, to particular any and or projects that are supposed to be for the common good.

2. Requisites

• There are no absolute requisites for the exercise of the power of taxation but its exercise is subject to inherent and constitutional limitations.

• Inherent Limitations

• Exercised for a public purpose;
• Power which only the Congress generally exercises except in cases of valid delegation;
• Exercised over only within the Philippine Territory;
• The Republic and its political subdivisions are exempt from tax; and
• The exercise of the power must recognize international comity in taxing foreign subjects.  

• Constitutional Limitations

• Due process of law;
• Equal protection of law;
• Uniformity, equitability, and progressivity of taxation;
• Non-impairment of contracts;
• Non-imprisonments for non-payment of poll tax;
• Revenue and tariff bills must originate in the House of Representatives;
• Non-infringement of religious freedom;
• Tax exemption of properties actually, directly and exclusively used for religious, charitable and educational purposes;
• Majority vote of all the members of the Congress required in case of legislative grant of tax exemption;
• Non-impairment of the Supreme Court’s jurisdiction in tax cases; and
• Tax exemption of revenues and assets of, including grants, endowments, donations, or contribution to educational institutions.

3. Exercises the Power of Taxation

• It is a power that is purely legislative and which the central legislative body cannot delegate either to the executive or judicial department of government without infringing upon the theory of separation of powers.

4. Legislature that Delegates

• Delegations to local governments or political subdivisions;
• Delegations allowed by the Constitution; and
• Delegations relating merely to administrative implementation that may call some degree of discretionary powers under a set of sufficient standards expressed by law.

(Similarities and Differences of all the Inherent Powers)

• Inherent in the State as necessary attributes of sovereignty, exercised even without need of constitutional grant;;
• Necessary and indispensable, State cannot be effective without them;
• Enduring and indestructible as the State itself;
• Methods by which State interferes with private property;
• Presuppose equivalent and compensation; and
• Exercised primarily by the legislature.

B. Private Acts and Bill of Rights

1. Can a violation of the Bill of Rights be considered as a cause of action against private individuals? – Yes, in an action for damage pursuant. According to Article 32 of the Civil Code, a violation of the bill of rights precisely as a constitutional guarantee can be done only by the public officials. But almost all these liberties are also guaranteed by the said Article, thus making private violations actionable even if the violation does not have a constitutional consequence.