Constitutional law 1

Matthew Gary Deleverio Hinoguin

Block B
1. a. No, the law is not valid. With respect to the validity of exercise of power
of eminent domain in relation to presuppose an equivalent compensation for
the property being expropriated, it is just that the determination of the
compensation will be examined by the impartial court for this will
contravene the rights of the private owner to his property.
b. If I am the lawyer of the landowner, I will first reiterate to him his rights
as a landowner as well as the scope and limitations of a state to exercise
expropriation. We will then raise a valid and actual case against NIA to
question the law with respect to their authority to determine and presuppose
the just compensation that is due to my client.
c. Legal actions that I may take to protect my client’s rights is first, I will file
a petition to reexamine the validity of such law in which NIA was given a
sole and exclusive authority to determine the compensation for the ground of
deprivation of his property rights in relation to determining the just
compensation.
d. If I am the government lawyer, my defense would be based on the legal
principle of, “to doubt is to sustain.” The presumption of the validity or
constitutionality of a law being passed is that such laws have already been
carefully examined and been studied by the legislature prior to its enactment
in which its purpose and intendment is for the welfare of the general public
and for justice to prevail.
e. If I am the impartial judge, considering all the substantial facts presented
to me by both the parties and the laws that should be applied, I will rule in
favor of the landowner because he is the one who will be deprived of his
rights and be a subject to sustain damages due to a loss through a possible
partial determination of compensation.
2. a. Due process
-according to Justice Frankfurter of U.S Supreme court states that dues process is
the embodiment of sporting idea of fair play.
b. due process clause
-the due process clause pursuant to art.3 of the constitution states that no person
shall deprived of life, liberty and property without the due process of law
c. substantive vs procedural
-substantive due process requires intrinsic validity of law interfering with the rights
of a person to his life, liberty and property while procedural due process has the
legal concept of hearing the subject matter first before it condemns or rendering
judgment only upon lawful hearing.
d. opinion of SC on Ynot case
-the court has declared that while lower courts should observe a becoming modesty
in examining constitutional questions, they are nonetheless not prevented from
resolving the same whenever warranted, and is only subjected to review by the
highest tribunal.
e. essential elements of due process
1. there must be an impartial court or tribunal with judicial power to hear and
determine the matter
2. the impartial court must lawfully acquire jurisdiction over the person of the
defendant and property in which is the subject matter of the proceeding
3. the defendant must be given opportunity to be heard
4. judgment must be rendered upon lawful hearing
f. opportunity to be heard
-important element of due process in which a person is entitled to defend or gather
evidences regarding the matter of the proceeding to render an idea of fair play.
3. Dumlao vs Comelec
-the SC ruled that an opportunity for the young and new generation should be
given to them for Dumlao has already enjoyed the benefits of his retirement and
because of it, he was not allowed to run for the same position, discrimination aside.
4. a. Constitution according to Justice Cooley- the body of rules and maxims in
accordance with which the powers of sovereignty are habitually exercised.
Constitution according to Justice Malcom- a written instrument enacted by the
direct action of the people in which the three fundamental powers of the state are
established, limited and defined, and which those powers are distributed to the
several departments of the government for their safe and useful exercise for the
benefit of body politic
b. purpose of the constitution
-to create a permanent framework of system of the government in which liberty
can be regulated validly
c. supremacy of the constitution
-The Constitution is the basic and paramount law in which all laws must conform
and which all persons including the highest official of the land must defer. No act
shall be valid however noble it is if it conflicts with the Constitution. The
Constitution must ever remain supreme. All must bow to the mandate of this law.
Expediency is not allowed to sap its strength nor the greed for power debase its
rectitude. Right or wrong, the Constitution must be upheld as long as it has not
been changed by the sovereign people, lest disregard its result in the usurpation of
the majesty of law by the pretenders of illegitimate power.
5. procedure to amend or revise
-proposal to amend or revise is made by the majority members of the congress (3/4
of total members), if the amendment or revision in the constitution is proposed, this
is to be referred to the constitutional convention in which 2/3 of the total votes
from the members of the congress is required. The constitutional convention then
adheres to the amendment or let its constituents decide. An amendment then be
valid only when it’s ratified by the majority of votes casted upon a plebiscite not
earlier than 60 days or later than 90 days.
6. A. fundamental powers of the state
a. police power
b. power of eminent domain
c. power of taxation
B. Similarities:
-it is inherent, indispensable, interferes with private rights, presupposes an
equivalent compensation for the rights interfered with, and they are exercised by
the government
Differences:
-the police power regulates both liberty and property, power of eminent domain
and taxation regulates only property.
-the property taken by the police power is destroyed because it is noxious or has
noxious purpose and it may pose danger to the general welfare. The property taken
by the rest of the powers are for public use.
-the police power and power of taxation is exercised by the government. The
power of eminent domain may be exercised by some private entities.
-the compensation by the police power is intangible, the compensation of the rest
of the powers are concrete.
C. double taxation
-not constitutional. Double taxation in a general sense is not valid however there is
no provision that prohibits this act.
D. ruling on ASLP vs sec. of DAR
- The Supreme Court ruled that the agrarian reform measures are constitutional.
The Court held that the measures were enacted in accordance with the powers
granted to the President under martial law and the Transitory Provisions of the
1987 Constitution. The Court also held that the measures did not violate the right
to just compensation and due process, as they provided for the payment of just
compensation and the opportunity for landowners to be heard.
7. a. Ynot case:
- the court has declared that while lower courts should observe a becoming
modesty in examining constitutional questions, they are nonetheless not prevented
from resolving the same whenever warranted, and is only subjected to review by
the highest tribunal.
b. Calalang vs Williams
-the promotion of social justice does not involve misguided sympathy
toward any specific group. Social justice does not align with communism or
anarchy. Instead, it entails making laws more humane and equalizing social
and economic forces through government actions. These actions aim to
ensure the welfare of all citizens by maintaining economic stability and a
fair balance in social relationships. This can be achieved through
constitutional measures or, when necessary, by using the government's
inherent powers, always with the principle that the well-being of the people
is the highest law. Social justice recognizes the interdependence of diverse
segments of society and the need to protect all groups equally. Lastly, it
seeks to promote the health, comfort, and well-being of all individuals,
striving for the greatest good for the greatest number.