Constitutional Law
I. INTRODUCTION
Constitution
- the written instrument enacted by direct action of the people
by which the fundamental powers of the government are
established, limited and defined, and by which those powers
are distributed among the several departments for their safe
and useful exercise for the benefit of the body politic.
A. Purpose
- to prescribe the permanent framework of a system of
government;
- to assign to the several department their respective powers
and duties; and
- to establish certain first fixed principles on which
government is founded.
B. Supremacy of the Constitution
- it is the basic and paramount law to which all other laws
must conform and to which all persons, including the highest
officials of the land, must defer.
- no act shall be valid, however noble its intention, if it
conflicts with the constitution.
C. Classification
1. Written Constitution is one whose precepts are embodied
in one document or set of documents;
2. Rigid Constitution is one that can be amended only by a
formal and usually difficult process.
3. Conventional Constitution enacted constitution, formally
struck off at a definite time and place following a conscious
or deliberate effort taken by a constituent body or ruler.
D. Essential Part of the Written Constitution
1. Constitution of Liberty
2. Constitution of Government
3. Constitution of Sovereignty
E. Permanence of the Constitution
- capacity to resist capricious or whimsical change dictated
not by legitimate needs but only by passing fancies, temporary
passions or occasional infatuations of the people with ideas or
personalities.
F. Interpretation
- it should be interpreted in such a way as to give effect to the
intendment of the framers;
- it should be interpreted in the light of conditions obtaining at
the time of its adoption or according to the changes inevitably
transpiring in the history of the nation;
- it should be considered self-executing rather than non-self-
executing, mandatory rather directory, and prospective rather
than retrospective.
G. Amendment or Revision
a. Amendment isolated or piecemeal change in the
constitution.
b. Revision revamp or rewriting of the whole instrument.
Procedure:
1. Proposal
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a. Direct Legislative Action 3/4 votes of all member of the
Congress (Amendment)
b. Constitutional Convention 2/3 votes of all member of the
Congress (Revision)
c. Initiative 12 per centum of registered voters, of which
every legislative district is represented by at least 3 per
centum of the registered voters therein (Amendments)
2. Ratification
a. majority votes cast in a plebiscite
H. Requisites of Judicial Inquiry
1. There must be an actual case or controversy;
2. The question of constitutionality must be raised by the
proper party.
3. The constitutional question must be raised at the earliest
possible opportunity; and
4. The decision of the constitutional question must be
necessary to the determination of the case itself.
II. FUNDAMENTAL POWERS OF THE STATE
Similarities:
1. Inherent in the State and may be exercised by it without
need of express constitutional grant;
2. Not only necessary bit indispensable
3. Methods by which the State interferes with private rights;
4. Presupposes an equivalent compensation for the private
rights interfered with; and
5. Exercised primarily by the legislature
Limitations:
1. It may not exercise arbitrarily, to the prejudice of Bill of
Rights;
2. The presumption is in favor of private rights and against the
States attempt to interfere with them; and
3. Constitutional provisions for the security of persons and
property should be liberally construed.
4. Exercise of these fundamental powers is subject at all times
to the limitations and requirements of the Constitution and
may in proper cases be annulled by the court.
Police Power:
1. regulates both liberty and property;
2. exercised only by the government generally through the
legislative department;
3. the basis is public necessity and the right of the state and of
the public to self-preservation and self-protection;
4. the property involved that is intended for a noxious
purpose is taken and destroyed;
5. the compensation is the intangible and altruistic feeling that
the individual has contributed to public good; and
6. Contracts may be impaired by the exercise of police power.
Eminent Domain:
1. affects only property rights;
2. it may be exercised by private entities;
3. the basis is necessity of the public for the use of private
property;
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4. the property involved is wholesome and is devoted to
public use or purpose;
5. the compensation is full and fair equivalent of the property
taken;
6. contracts may be impaired by the exercise of the power of
eminent domain
Taxation:
1. affects only property rights;
2. it is exercised only by the government;
3. the basis is public necessity and revenue raising;
4. the property involved is wholesome and is devoted to
public use or purpose;
5. the compensation is the protection and public
improvements instituted by the government for the taxes
paid; and
6. contracts may not be impaired by exercise of power of
taxation.
Police Power
- the power of promoting the public welfare by restraining
and regulating the use of liberty and property.
A. Characteristics
The most pervasive, the least limitable, and the most
demanding of the three powers.
It may be exercise as long as the activity of the property
sought to be regulated has some relevance to the public
welfare.
The impairment clause must yield to the police power
whenever the contract deals with a subject affecting the public
welfare.
The legislature cannot bargain away the police power
The treaty is always subject to qualification or amendment
by a subsequent law, and the same may never curtail or
restrict the scope of the police power of the State.
Power of taxation and eminent domain may sometimes be
used as an implement for the attainment of a legitimate
objective of police power.
B. Exercise of Police Power
- police power, as an inherent power of the state, is lodged
primarily in the national legislature and, by virtue of a valid
delegation of legislative power, may also be exercised by:
a. President
b. Administrative bodies
c. Local Legislative Bodies
It is also a political question and therefore off-limits to the
judiciary.
The court do not sit to resolve the merits of conflicting
theories
C. Requisites of Valid Exercise of Police Power
1. Lawful Subject the interests of the public generally, as
distinguished from those of a particular class, require the
exercise of the Police Power.
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2. Lawful Means the means employed are reasonably
necessary for the accomplishment of the purpose and not
unduly oppressive upon individuals.
The end does not justify the means. The lawful objective
must be pursued with lawful method; that is, both the end and
the means must be legitimate. Lacking of such occurrence, the
police measure may be struck down as an arbitrary intrusion
into private rights.
The means employed for the accomplishment of the police
objective must pass the test of reasonableness and, specifically,
conform to the safeguards embodied in the Bill of Rights for
the protection of private rights.
The MMDA does not vested with police power. Its powers
are limited to formulation, coordination, regulation,
implementation, preparation, management, monitoring,
setting of policies, installation of a system and administration.
D. Tests of a Valid Ordinance
1. It must not contravene the Constitution or any statute;
2. It must not be unfair or oppressive;
3. It must not be partial or discriminatory;
4. It must not prohibit but may regulate trade;
5. It must be general and consistent with public policy; and
6. It must not be unreasonable
Power of Eminent Domain
- power to forcibly acquire the needed property intended for
public use upon payment of just compensation.
- power of expropriation that may be exercised through a
method in the nature of compulsory sale to the State.
A. Exercise of Power of Eminent Domain
- power of eminent domain, as an inherent power of the state,
is primarily lodged in the national legislature and, by virtue of
a valid delegation of legislative power, may also be exercised
by:
a. President
b. Local Legislative Bodies
c. Public Corporation
d. Quasi-public Corporation
LGUs have no inherent power of eminent domain and can
exercise only when authorized by legislature. (R.A. 7160
Local Government Code of 1991)
Public Corporation created by the State as its own agency
or instrumentality to help it in carrying out its governmental
functions. (Provinces, cities, municipalities, barangays and
other government agencies)
Quasi-public Corporation private corporations that
render public service, supply public wants, or pursue other
eleemosynary objective. (railroad, telephone, water supply)
B. Essential Requisites of Valid Exercise of Power of
Eminent Domain
1. Necessity of Exercise
- when the power is exercised by the National Legislature, the
question of necessity is essentially a political question.
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However, when it is exercised by a delegate only of the
National Legislature, the question of necessity becomes
justiciable question.
- the Supreme Court has the power to determine whether the
authority has been validly exercised by it which includes
looking into whether the expropriation is necessary or wise.
2. Private Property
- it includes real and personal, tangible and intangible
properties.
- property already devoted to public use is still subject to
expropriation, provided this is done directly by the National
Legislature or under a specific grant of authority to the
delegate.
- property subject to expropriation must be wholesome as it is
intended to be devoted to a public use.
3. Taking
- actual dispossession or deprivation of property.
- trespass without actual eviction of the owner.
- practical destruction or material impairment of the value of
the property.
- deprivation of the ordinary uses for which the property was
intended.
- deprivation of jurisdiction, supervision, and control over the
property.
- restriction on the use of property.
- imposition of burden upon the use of property without loss
of title or possession.
- right of way constitute taking
Requisites of Taking under Eminent Domain: (EMADO)
1. The expropriator must Enter a private property
2. The entry must be for more than a Momentary period
3. The entry must be under a warrant or color of Authority.
4. The property must be Devoted to public use or otherwise
informally appropriated or injuriously affected.
5. The utilization of the property must be in such a way as to
Oust the owner and deprive him of the beneficial enjoyment
of the property.
The expropriator can enter only the said property after
expropriation proceeding are actually commenced and
deposit required by law is duly made.
The owner does not need to file the usual claim for
recovery of just compensation with the Commission on Audit
if the Government takes over his property and devotes it to
public use without benefit of expropriation. He may
immediately file a complaint with the proper court for
payment of his property as the arbitrary action of the
Government shall be deemed a waiver of his immunity from
suit.
The Penalty of Closure is Unlawful Taking
Procedure of Expropriation: (Intended to know if the authority
is validly exercise)
1. Condemnation or the determination of the authority of the
plaintiff
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- an order of expropriation, declaring that the plaintiff has a
lawful right to take the property sought to be condemned for
public use or public purpose, or
- an order of dismissal, if it appears that the expropriation is
not for public use.
2. The ascertainment of Just Compensation
- an order fixing the amount to be paid to the property owner.
- the determination of just compensation to be ascertained by
3 commissioners.
Kinds of Taking:
1. Regulatory Taking a regulation which denies all
economically beneficial or productive use of the property.
2. Possessory Taking actual confiscation or physical
occupation of the property
4. Public Use
- as long as general public is involved
- meeting a public need or a public exigency.
- any use directly available to the general public as a matter of
right and not merely of forbearance or accommodation.
- also involves expropriated property not actually acquired by
the government but is merely devoted to public services
administered by private-owned public utilities.
- includes not only uses directly available to the public but
also those which redound to their indirect benefit
That only few would actually benefit from expropriation of
the property does not necessarily diminish the essence and
character of public use.
It does not matter whether the direct use of the
expropriated property by the public be for free or for a fee.
The important thing is that any member of the general public,
as such, can demand the right to use the converted property
for his direct and personal convenience.
Slum clearance is a valid object of expropriation under the
modern expanded interpretation of public use.
The idea that public use is strictly limited to clear cases of
use by the public has long been discarded.
5. Just Compensation
- real, substantial, full and fair equivalent of the property
taken from the private owner by the expropriator.
- intended to indemnify the owner fully for the loss he has
sustained as a result of the expropriation.
- to be determined by the court
The measure of compensation is not the takers gain but to
the owners loss. However, the compensation, to be just, must
be fair not only to the owner but also to the expropriator.
The determination of just compensation could very well be
agreed upon by the parties without judicial intervention.
Rules in Ascertaining Just Compensation
1. The court should determine first the actual or basic value of
the property.
2. Where the entire party is not expropriated, there should be
added to the basic value the consequential damages after
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deducting therefrom the consequential benefits arising from
the expropriation.
3. If the consequential benefits exceed the consequential
damages, these items should be disregarded altogether, as the
basic value of the property should be paid in every case.
4. The basic or market value of the property is the price that
may be agreed upon by the parties willing but not compelled
to enter into a contract of sale.
5. The value of the property is determined at the time of taking
or at the filing of the complaint not at the time of rendition of
judgment.
6. The owner is entitled to payment of interest from the taking
until just compensation is actually paid to him. It must be
claimed, otherwise, are deemed waived.
7. Taxes paid by the owner from the time of the taking until
the transfer of title, during which he did not enjoy any
beneficial use of the property, are reimbursable by the
expropriator.
8. Just Compensation is defined as not only the correct
determination of the amount to be paid to the property owner
but also the payment of property within a reasonable time.
9. Title to the property shall not be transferred until after
actual payment of just compensation is made to the owner.
Owner refers to all those who have lawful interest in the
property to be condemned, including a mortgagee, a lessee and
a vendee in possession under an executory contract.
Fair market value it includes the cost of acquisition, the
current value, its actual or potential uses, and in particular
cases of lands, their size, shape or location and the tax
declaration thereon.
Consequential damages injuries directly caused on the
residue of the private property taken by reason of
expropriation. Must not be merely shared with the rest of the
community.
Consequential benefits the direct and particular benefits
caused by reason of expropriation and not merely shared with
the rest of the properties in the area.
Payment of Stocks was allowed under RA 6675
(Comprehensive Agrarian Reform Law)
6. Due Process
- the courts cannot adopt a hands-off policy simply because
the public use or public purpose is invoked by law or an
ordinance, or just compensation has been fixed and
determined.
7. Valid Ordinance (LGU)
8. Valid and Definite Offer (LGU)
9. Requirements of RA7279 (Urban Housing)
C. Essential Requisites of Valid Exercise of Power of
Eminent Domain by the LGUs
1. An ordinance is enacted by the local legislative council
authorizing the local chief executive, in behalf of the LGU, to
exercise the power of eminent domain or pursue
expropriation proceedings over a particular private property.
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2. The power of eminent domain is exercised for public use,
purpose or welfare, or for the benefit of the poor and the
landless.
3. There is payment of just compensation, as required by the
Constitution and other pertinent laws.
4. A valid definite offer has been previously made to the owner
of the property sought to be expropriated, but said offer was
not accepted.
Kinds of Ejectment Cases (MTC)
a. Forcible Entry
b. Unlawful Detainer
CASES:
City of Manila vs. Chinese Community of Manila
When a public corporation attempts to expropriate private
property and an objection is made thereto by the owner, the
courts have ample authority, in this jurisdiction, to make
inquiry, and to hear proof upon an issue properly presented,
concerning the question whether or not the purpose of the
appropriation is, in fact, for public purpose.
The right of expropriation is not inherent power in a
municipal corporation and before it can exercise the right
some law must exist conferring the power upon it.
Moday vs. Court of Appeal
Power of Eminent Domain is inherently possessed by the
National Legislature but may be validly delegated to local
governments, other public entities and public utilities.
The Sangguniang Pannlalawigan may declare a municipal
resolution invalid on the sole ground that it is beyond the
power of the Sangguniang Bayan or the Mayor to issue.
The Provincial Board is without authority to disapprove an
ordinance authorizing an expropriation.
Municipality of Paraaque vs. V.M. Realty Corporation
A local government unit may exercise the power of
eminent domain only when authorized by Congress and
subject to the latters control and restraints, imposed through
the law conferring the power or in other legislations.
Essential Requisites before an LGU may exercise the power of
eminent domain:
1. An ordinance is enacted by the local legislative council
authorizing the local chief executive, in behalf of the LGU, to
exercise the power of eminent domain;
2. The power of eminent domain is exercise for public use,
purpose or welfare, or for the benefit of the poor and the
landless;
3. There is payment of just compensation; and
4. A valid and definite offer has been previously made to the
owner of the property sought to be expropriated, but said ffer
was not accepted.
Republic vs. PLDT
The govt may, in the exercise of sovereign power of
eminent domain, require the telephone company to permit
interconnection of the govt telephone system and that of the
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 Constitutional Law
PLDT, as the needs of the government services may require,
subject to just compensation to be determined by the court.
Barangay San Roque vs. Heirs of Francisco Pastor
Two phases of expropriation proceeding:
1. Determination of the authority of the plaintiff to exercise
the power of eminent domain and the propriety of its exercise
in the context of the facts involved in the suit; and
2. Determination by the court of the just compensation for the
property sought to be taken.
An expropriation suit is incapable of pecuniary estimation,
and falls within the jurisdiction of the court.
Republic vs. Castellvi
Elements of Taking of property:
1. The expropriator must enter a private property;
2. The entrance must be for more than a momentary period;
3. The entry must be under warrant or color of legal authority;
4. The property must be devoted to a public use or otherwise
informally appropriated or injuriously affected; and
5. The utilization of the property for public use must be in
such a way as to oust the owner and deprive him of all the
beneficial enjoyment of the property.
Payment of interest on amount adjudged as the value of
the property expropriated not allowed for the period during
which the owner of the property received rental from the
condemnor.
City Govt of Quezon City vs. Ericta
An ordinance of Quezon City requiring memorial park
operators to set aside at least 6% of their cemetery for charity
burial of deceased persons is not a valid exercise of Police
Power, and one that constitute taking of property without just
compensation.
NAPOCOR vs. Gutierrez
The exercise of the power of eminent domain does not
always result in the taking or appropriation of title to the
expropriated property; it may also result in the imposition of
a burden upon the owner of the condemned property without
loss of title or possession.
Just Compensation has always been understood to be the
just and complete equivalent of the loss which the owner of
the thing expropriated has to suffer by reason of the
expropriation.
PPI vs. COMELEC
To compel print media companies to donate COMELEC
space of the dimensions specified in Section 2 of Resolution
No. 2772, amounts to taking of private property for public
use or purposes.
The threshold requisites for a lawful taking of private
property for public use need to be examined: a.) necessity of
taking; and b.) legal authority to effect the taking
The taking of private property for public use is authorized
by the Constitution, but not without payment of just
compensation.
Filstream International Inc. vs. CA
REHOM P. PIMENTEL
The exercise of local government units of the power of
eminent domain is not without limitations. Constitutional
limitations have to be followed: a.) Section 1, Art. III; b.) Sec. 9,
Art. III.
City of Mandaluyong vs. Francisco.
(Requisites in Expropriation for Urban Housing under RA7279)
Order in acquiring lands for Socialized Housing:
1. government lands;
2. alienable lands of the public domain;
3. unregistered or abandoned or idle lands;
4. lands within the declared Areas for Priority Development
(ADP), Zonal Improvement Program (ZIP) sites, Slum
Improvement and Resettlement (SIR) sites which have not yet
been acquired;
5. BLISS sites which have not yet been acquired; and
6. privately-owned lands.
Modes for acquiring lands for Socialized Housing under RA
7279:
1. community mortgage;
2. land swapping;
3. land assembly or consolidation;
4. land banking;
5. donation to the government;
6. joint venture agreement;
7. negotiated purchase; and
8. expropriation
Mode of expropriation is subject to two conditions:
a. it shall be resorted to only when the other modes of
acquisition have been exhausted; and
b. parcels of land owned by small property are exempted from
such acquisition.
Two elements defining Small-Property Owners:
a. those owners of real property whose property consists of
residential lands with an area of not more than 300 square
meters in highly urbanized cities and 800 square meters in
other urban areas; and
b. that they do not own real property other than the same.
Langco vs. Labra
The foundation of the right to exercise eminent domain is
genuine necessity and that genuine necessity must be of
public character.
For an ordinance to be valid it must not only be within the
corporate powers of the city or municipality to enact but must
also be passed according to the procedure prescribed by law.
(Requisites of a valid ordinance)
JIL vs. City of Pasig
Church property is not exempt from expropriation
The authority to condemn is to be strictly construed in
favor of the owner and against the condemnor when power
is granted, the extent to which it may be exercised is limited to
the express terms or clear implication of the statute in which
the grant is contained.
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 Constitutional Law
The condemnor has the burden of proving all the essentials
necessary to show the right of condemnation.
Requisites of valid exercise of the Power of Eminent Domain
by LGUs.
The purpose of the requirement of a valid and definite
offer to be first made is to encourage settlements and
voluntary acquisition of property needed for public purposes
in order to avoid the expense and delay of court action.
A property that is intended for the construction of a place
of religious worship and a school for its members may still be
expropriated.
Where the subject property is expropriated for the
purpose of constructing a road, the expropriator is not
mandated to comply with the essential requisites for an
easement of right-of-way under the New Civil Code. Case law
has it that in the absence of legislative restriction, the grantee
of the power of eminent domain may determine the location
and route of the land to be taken unless such determination is
capricious and wantonly injurious.
An ocular inspection is part of the trial as evidence is
thereby received and the parties are entitled to be present at
any stage of the trial.
Heirs of Juancho Ardona vs. Reyes
The States power of eminent domain extends to the
expropriation of land for tourism purpose although this
specific objective is not expressed in the Constitution.
The idea that the term public use is strictly limited to
clear cases of use by the public in expropriation cases has
been discarded.
Government may take immediate possession of land
subject to expropriation proceedings upon deposit of 10% of
its value. (P.D. No. 42 as amended by P.D. No. 1533)
Estate of Jimenez vs. PEZA
Two phases of Expropriation Proceedings
The public use requirement for a valid exercise of the
power of eminent domain is a flexible and evolving concept
influenced by changing conditions.
The concept of just compensation embraces not only the
correct determination of the amount to be paid to the owners
of the land, but also the payment within reasonable time from
its taking. Payment of just compensation should follow as a
matter of right immediately after the order of expropriation is
issued.
NHA vs. Heirs of Isidro Guivelondo
The very moment it appears at any stage of the
proceedings that the expropriation is not for public use, the
action must necessarily fail and should be dismissed.
A final and executory decision or order can no longer be
disturbed or reopened.
Socialized housing falls within the confines of public use
It is arbitrary and capricious for a government agency to go
through expropriation proceeding and then refuse to pay
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Disbursement of public fund must be covered by the
corresponding appropriation as required by law.
If funds belong to a Public Corporation or a GOCC with
personality of its own separate and distinct from the
government, then its funds are not exempt from garnishment.
(Unincorporated agency)
Republic vs. Lim
Just Compensation embraces not only the correct
determination of the amount to be paid to the owners of land
but also the payment for the land within a reasonable time
from its taking.
Section 9, Article III of the Constitution is not a grant but a
limitation of power and should therefore be strictly
interpreted against the expropriator, the government, and
liberally in favor of the property owner.
Municipality of Meycauayan vs. IAC
Courts have the power to inquire into the legality of the
exercise of the right of eminent domain and to determine
whether there is genuine necessity therefor when exercise by
the delegate.
Government may not capriciously choose what private
property should be taken.
De Knecht vs. Bautista
Right of the government to expropriate property upon
payment of just compensation should not be exercised
capriciously or arbitrarily.
Republic vs. De Knecht
Expropriation of lands by the government may be
undertaken not only by voluntary negotiation with the land
owners, but also by taking appropriate court action or by
legislation. B.P. 340 superseded the final and executory
decision of the Supreme Court in De Knecht vs. Bautista.
While it is true that said final decision of the court on the
subject becomes the law of the case between the parties, it is
equally true that the right of the petitioner to take private
property for public use upon the payment of just
compensation is so provided in the Constitution and our laws.
City of Cebu vs. Dedamo
It is the Governments right to appropriate, in the nature of
a compulsory sale to the State, private property for public use
or purposes.
Just compensation shall be determined as of the time of
actual taking.
City of Manila vs. Serrano
Upon the compliance with the requirements for
expropriation, issuance of writ of possession becomes
ministerial.
Two stages of expropriation proceeding
City of Manila vs. Melba Te
Socialized housing is within the concept of public use
Public use has acquired as more comprehensive coverage
which includes indirect public benefit or advantage.
Albon vs. Fernando
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 Constitutional Law
LGUs are expressly vested with police powers delegated to
them under the general welfare clause of RA 7160 enabling
LGU to prescribe reasonable regulations to protect the lives,
health, and property of their constituents and maintain peace
and order within their respective territorial jurisdiction.
Fernando vs. St. Scholasticas College
Police power is the plenary power vested in the legislature
to make statutes and ordinances to promote the health,
morals, peace, education, good order or safety and general
welfare of the people.
Test of a valid ordinance
Test of a valid exercise of police power:
a. Rational Relationship Test (equal protection challenges, a
legitimate governmental interest)
b. Strict Scrutiny Test (presence of compelling reason, rather
than substantial, governmental interest)
Power of Taxation
- power to collect proportional and equitable contributions
from the people and their property for the support of
government and for all public needs.
- a tool to realize social justice
A. Exercise of Power of Taxation
- power of taxation, as an inherent power of the State, is
primarily vested in the National legislature.
- may also be exercised by Local legislative council not by
virtue of valid delegation but pursuant to a direct authority
conferred by Article X, Section 5, of the 1987 Constitution.
- may be exercised by the President under the provision of
Article VI, Section 28(2) of the 1987 Constitution or as an
incident of emergency powers that Congress may grant to him
under Article VI, Section 23(2).
B. Rules in the Exercise of Power of Taxation
1. Taxation is subject to the requirements of due process.
2. Taxes will not be allowed if they are confiscatory, except
when they are intended precisely for destruction as an
instrument of police power.
3. Due process does not require previous notice and hearing
before a law prescribing fixed or specific taxes on certain
articles may be enacted, except where the tax to be collected is
to be based on the value of taxable property. In this case, the
taxpayer is entitled to be notified of the assessment
proceeding and to be heard therein on the correct valuation to
be given the property.
4. Tax statues must be strictly construed against the
government and liberally in favor of the taxpayer.
5. The rule of taxation shall be uniform and equitable.
6. Double taxation is not prohibited unless it results to a
violation of the equal protection clause.
7. Revenues derived from taxes cannot be used for purely
private purposes or for the exclusive benefit of private
persons.
8. Public purpose includes indirect public advantage or benefit.
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Uniformity in taxation means that persons or things
belonging to the same class shall be taxed at the same rate.
Equality in taxation means that the tax shall be
proportional to the capacity of the people to pay or to the
relative value of the property.
Double taxation occurs when additional taxes are laid:
a. on the same subject,
b. by the same taxing jurisdiction,
c. during the same taxing period, and
d. for the same purpose
C. Tax Exemptions
- either constitutionally or statutory.
Tax exemption under the Constitution:
1. Charitable institutions, churches, and parsonages or
convents appurtenant thereto, mosques, non-profit
cemeteries, and all lands, buildings, and improvements
actually, directly, and exclusively used for religious, charitable
or educational purposes; [Article VI, Section 28(3)]
2. All revenues and assets of non-stock, non-profit educational
institutions used actually, directly, and exclusively for
educational purposes. [Article XIV, Section 4(3)]
Tax exemptions are strictly construed against the taxpayer
and liberally in favor of the taxing authority. Taxation is the
rule and exemption is the exception.
Where tax exemption is granted gratuitously, say in
pursuance of an economic policy, it may be validly revoked at
will, with or without cause.
But if the exemption is granted for valuable consideration, it
is deemed to partake of the nature of a contract and the
obligation thereof is protected against impairment.
No law granting tax exemption shall be passed without the
concurrence of a majority of all the members of Congress.
Exclusively discretion of the legislature.
CASES:
Y.M.C.A. vs. CIR
Lands or buildings used exclusively for religious,
charitable, scientific, or educational purposes, and not for
profit, shall be exempt from taxation.
Bishop of Nueva Segovia vs. Provincial Board of Ilocos
Norte
The exemption from the payment of the land tax in favor of
the convent includes not only the land actually occupied by
the building, but also the adjacent ground or vegetable garden
destined to the incidental use of the parish priest in his
ordinary life.
The lot which was formerly a cemetery and which is no
longer used as such, but is not used for commercial purposes,
serving solely as a sort of lodging place for those who
participate in the religious festivities, is also exempt from the
land tax, because this constitutes an incidental use in religious
function
Lladoc vs. CIR
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 Constitutional Law
Constitutional exemption for religious purposes refers only
to property taxes as distinguished from excise taxes.
Imposition of gift tax on property used for religious
purposes does not constitute an impairment of the
Constitution. A gift tax is not a property tax, but an excise tax
imposed on the transfer of property by way of gift.
The head of the diocese and not the parish priest is the real
party in interest in the imposition of a donees tax on property
donated to the church for religious purposes.
Province of Abra vs. Hernando
To be exempt from realty taxation there must be proof that
the property of a religious institution is actually and directly
being used for religious purposes.
Trial court should resolve the jurisdictional issue raised by
the provincial assessor.
Abra Valley College, Inc. Vs. Aquino
The test of exemption from property is the use of property
for purposes mentioned in the constitution.
The exemption in favor of property used exclusively for
charitable and educational purposes is not limited to property
actually indispensable, but extends to facilities which are
incidental to and reasonably necessary for the
accomplishment of said purposes. (such as in the case of
hospitals, a school for training nurses, a nurses home,
property use to provide housing facilities for interns, resident
doctors, superintendents, and other members of hospital
staffs, and recreational facilities for students such as athletic
field including a firm for the inmates of the institution)
American Bible Society vs. City of Manila
Ordinance prescribing tax need not be approved by the
President to be effective. (RA 409, Section 18)
III. DUE PROCESS OF LAW
The minimum rights to notice and hearing were first observed
by the Eternal Judge, and in this way was the ground of justice
and fair play established.
A. Origin of Due Process
1215 Prince John , Magna Carta of the barons
No man shall be taken or imprisoned or disseized or
outlawed, or in any manner destroyed; nor shall we go upon
him, nor send him, but by the lawful judgment of his peers or
by the law of the land.
1355 King Edward IIIs Statute 28
No man, of what state or condition whoever he be, shall be
put out of his land, or tenements, nor taken, nor imprisoned,
nor indicted, nor put to death without he be brought in to
answer by due process of law.
B. Evolution of Due Process
Daniel Webster, Dartmouth College Case
The law of the land meant the general law, a law which hears
before it condemns, which proceeds upon inquiry and renders
judgment only after trial.
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Observance of the procedure laid down by the law,
regardless of its intrinsic validity.
C. Meaning of Due Process
No person shall be deprived of life, liberty and property
without due process.
A precise definition of due process might prove
constricting and prevent the judiciary form adjusting it to the
circumstances of particular cases and to the ever-changing
conditions of society.
Courts have also hesitated to provide their own
specification of the guaranty that might confine them in a legal
strait jacket, preferring instead to have the meaning of the
phrase gradually ascertained by the process of inclusion and
exclusion in the course of the decisions of cases as they arise.
Due process, as described by the Supreme Court through
Justice Fernando, is simply responsiveness to the supremacy
of reason, obedience to the dictate of justice.
According to Justice Frankfurter of the U.S. Supreme Court,
due process is nothing more and nothing less than the
embodiment of the sporting idea of fair play.
Due process is a guaranty against any arbitrariness on the
part of the government, whether committed by the legislature,
the executive, or the judiciary.
Person it includes all persons, natural as well as juridical in
so far as their property is concerned. Natural persons include
both the citizen and the alien.
Deprivation to take away forcibly, to prevent from
possessing, enjoying or using something. It connotes denial of
the right to life, liberty or property.
Deprivation per se is not necessarily unconstitutional, what
is prohibited is deprivation of life, liberty or property without
due process of law.
Life the integrity of the physical person. It is not permissible
for the government to deprive the individual of any part of his
body, and this is true even if it be as punishment for crime.
Any measure that would even only endanger his health or
subject him to unnecessary pain or to unreasonable physical
exertion, would also be subject to challenge.
It includes the enjoyment by the individual of all the God-
given faculties that can make his life worth living. (Right of
reproduction and the enjoyment of parenthood)
Liberty according to Mabini, is the freedom to do right and
never wrong. A person is free to act but he may exercise his
rights only in such manner as not to injure the rights of others.
The individual, as a creature of society, should be prepared
to surrender part of his freedom for the benefit of the greater
number in recognition of the time honoured principle of salus
populi est suprema lex.
Property anything that can come under the right of
ownership and be the subject of contract. This will include all
things real, personal, tangible and intangible, that are within
the commerce of man. (lands, jewelry, automobiles, buildings,
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 Constitutional Law
goodwill, inheritance, intellectual creations, future earnings,
work of art, animals, mortgages, insurance proceeds, etc.)
One cannot have a vested right to a public office, as this is
not regarded as property. If created by statute, it may be
abolished by the legislature at any time, even if the term of the
incumbent therein has not yet expired. The same rule applies
to the salary attached to it.
The only exception is where the salary has already been
earned, in which case it cannot be reduced or withdrawn by a
retroactive law as the said salary has already accrued as a
property right.
It has also been held that mere privileges, such as a
license to operate a cockpit or a liquor store, are not property
rights and are therefore revocable at will.
D. Substantive Due Process
It requires the intrinsic validity of the law in interfering with
the rights of the person to his life, liberty or property.
The inquiry is not whether or not the law is being enforced
in accordance with the prescribed manner but whether or not,
to begin with, it is a proper exercise of legislative power.
Requisites of Proper Exercise of Legislative Power
a. The law must have a valid governmental objective
(i.e., the interests of the public generally as distinguished from
those of a particular class require the intervention of the
State.)
b. The objective must be pursued in a lawful manner
(The means employed must be reasonably necessary to the
accomplishment of the purpose and not unduly oppressive.)
E. Procedural Due Process
- one which hears before it condemns, which proceeds upon
inquiry and renders judgment only after trial.
Essential Elements of Due Process:
a. Notice;
b. Hearing
Requisites of Judicial Due Process:
a. there must be an impartial court or tribunal clothed with
judicial power to hear and determine the matter before it;
b. jurisdiction must be lawfully acquired over the person of
the defendant and over the property which is the subject
matter of proceeding;
c. the defendant must be given an opportunity to be heard.;
d. judgment must be rendered upon lawful hearing.
Requisites of Civil Due Process:
a. an impartial court or tribunal clothed with judicial power to
hear and determine the matter before it;
b. jurisdiction properly acquired over the person of the
defendant and over the property which is the subject matter
of the proceeding;
c. opportunity to be heard;
d. judgment rendered upon lawful hearing and based on
evidence adduced.
Requisites of Criminal Due Process:
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a. accused has been heard by a court of competent
jurisdiction;
b. accused is proceeded against under the orderly processes of
law;
c. accused is given notice and opportunity to be heard;
d. judgment rendered within the authority of constitutional
law.
Requisites of Administrative Due Process:
a. the right to actual or constructive notice of the institution of
proceeding which may affect a respondents legal rights;
b. a real opportunity to be heard personally or with the
assistance of counsel, to present witnesses and evidence in
ones favor, and to defend ones right;
c. a tribunal vested with competent jurisdiction and so
constituted as to afford a person charged administratively a
reasonable guarantee of honesty as well as impartiality;
d. a finding by said tribunal which is supported by substantial
evidence submitted for consideration during the hearing or
contained in the records or made known to the parties.
Requisites of Due Process for Students before Imposition of
Disciplinary Sanctions:
a. must be informed in writing of the nature and cause of the
accusation against him;
b. right to answer the charges against him, with assistance of
counsel, if desired;
c. informed of the evidence against him;
d. right to adduce evidence in his behalf;
e. evidence must be duly considered by the investigating
committee or official designated by the school to hear and
decide the case.
Impartial and Competent Court
Impartial Court - every litigant is entitled to the cold
neutrality of an impartial judge.
Competent Court one vested with jurisdiction over a case
as conferred upon it by law.
Jurisdiction
Actions in personam (such as complaint for recovery of
loan) jurisdiction over the defendant is acquired by the court
by his voluntary appearance or through service of
summons upon him.
Actions in rem or quasi in rem (such as land registration
proceeding or the foreclosure of a real estate mortgage) the
jurisdiction of the courts is derived from the power it may
exercise over the property. Notice by publication is
sufficient in these cases.
Hearing
Notice to a party is essential to enable it to adduce its own
evidence and to meet and refute the evidence submitted by
the other party.
Right to be notified of every incident of the proceeding
Right to be present at every stage thereof so that he may be
heard by himself and counsel for the protection of his
interests.
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 Constitutional Law
Decisions rendered without a hearing is null and void ab
initio and may be attacked directly or collaterally.
Mere notice by publication of a hearing conducted by an
administrative agency was held insufficient and so violative of
due process.
Due process is not violated where a person is not heard
because he has chosen, for whatever reason, not to be heard.
Due process as a constitutional precept does not always
and in all situations require trial-type proceedings. The
essence is to be found in the reasonable opportunity to be
heard and to submit any evidence one may have in support of
ones defense. To be heard does not only mean verbal
arguments in court. One may be heard also through pleadings.
The right of confrontation merely means the right to be
given an opportunity to cross-examine and this of course can
be done through the parties counsel.
E. Appeal
the right to appeal is not essential to the right to a hearing,
except when guaranteed by the Constitution or by law.
appeal may be allowed or denied by the legislature in its
discretion except those cases coming under the minimum
appellate jurisdiction of the Supreme Court (Article VIII,
Section 5(2), of the Constitution)
the requirements of due process are deemed satisfied as
long as the litigant is given his day in court at the trial of his
case, and he cannot demand as a matter of right another day
in the appellate court.
F. Exception to Requisites of Notice and Hearing
there are cases in which the essential requisites of notice
and hearing may be omitted without violation of due process.
Examples:
-cancellation of the passport of a person sought for the
commission of the crime;
-preventive suspension of a civil servant facing administrative
charges;
-distraint of properties for tax delinquency;
-padlocking restaurants found to be insanitary or of theatres
showing obscene movies; and
-abatement of nuisances per se.
Nuisances
Nuisance per se is objectionable under any and all
circumstances because it presents an immediate danger to the
welfare of the community. This kind of nuisance may be
abated summarily without the necessity of judicial
authorization.
Nuisance per accidens is objectionable under only some but
not all circumstances, there being situations when it is
perfectly legitimate and acceptable. The right thing in the
wrong place.
Presumptions
Statutory presumption would not deny the right to hearing
insofar as the person affected is precluded from introducing
evidence to rebut the presumption, provided, there is a
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rational or natural connection between the fact proved and
the fact ultimately presumed from such fact. As long as the
presumption is based on human experience.
Judgment
To insure against such arbitrariness, due process requires that
the judgment be based upon the lawful hearing previously
conducted.
CASES:
Villegas vs. Hiu Chiong Tsai Pao Ho
A City ordinance of Manila which imposes a fee of Php.
50.00 to enable aliens generally to be employed in the City is
revenue measure not a regulatory one. But it is unreasonable
because it failed to consider valid differences in situation of
among aliens required to pay it.
An ordinance which does not lay down any standard to
guide the City Mayor in the issuance or denial of an alien
employment permit is null and void.
Requiring a person to before he can be employed to get
permit from the City Mayor of Manila who may withhold or
refuse it at will is tantamount to denying him the basic right of
the people in the Philippines to engage in a means of
livelihood. Deprivation of Right to life without due process
includes the means of livelihood.
Ermita-Malate Hotel and Motel Operators Association, Inc.
Vs. City of Manila
Ordinance must be presumed valid and should not be set
aside unless there is a clear invasion of personal or property
rights under the guise of police power.
A Manila Ordinance regulating operation of hotels, motels
and lodging house is a police measure specifically aimed to
safeguard public morals.
Rubi vs. Provincial Board of Mindoro
Police Power of the State is s power coextensive with self-
protection, and is inaptly termed the law of overruling
necessity. It may be said to be that inherent and plenary
power in the State which enables it to prohibit all things
hurtful to the comfort, safety and welfare of society.
Deloso vs. Sandiganbayan
Preventive suspension which may initially be justified may
raise a due process question if allowed to continue for
unreasonable length of time.
An officer appointed by the President facing administrative
charges cannot be preventively suspended indefinitely.
The injunction against preventive suspensions for an
unreasonable period of time applies to elective officials facing
criminal charges under Anti-Graft Law.
Bince, Jr. vs. COMELEC
COMELEC acted without jurisdiction or with grave abuse of
discretion in annulling the petitioners claim without the
requisite due notice and hearing thereby depriving the
latter of due process.
Petitioner cannot be deprived of his office without due
process of law. Although public office is not property, and one
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 Constitutional Law
cannot acquire vested right to a public office, it is,
nevertheless, a protected right. Requirement of due notice
and hearing.
Taada vs. Tuvera
For purpose of prior publication requirement for
effectivity, the term laws refer not only to those of general
application, but also to laws of local application, private laws;
administrative rules enforcing a statute; city charters
including Central Bank Circulars to fill-in the details of the
Central Bank Act.
Mere interpretative rules regulating and providing
guidelines for purposes of internal operations by an
administrative agency not covered by the rule on prior
publication.
Publication must be in full or it is no publication at all.
The requirement of prior publication seeks to prevent
abuses by the lawmakers and ensure the peoples right to
information.
Webb vs. De Leon
The requirement of probable cause both with respect to
issuance of warrants of arrest and search warrants.
The right to compel the disclosure of exculpatory facts
during preliminary investigation is rooted in the
constitutional protection of due process which is operational
even at that stage.
To warrant a finding of prejudicial publicity there must be
an allegation and proof that the judges have been unduly
influenced, not simply that might be, by the barrage of
publicity.
(Concurring Opinion)
The judge does not have to personally examine the
complainant and his witnesses in order to issue a warrant of
arrest as he can rely on the certification of the prosecutors.
People vs. Sanchez
Where the accused has not shown by an iota of proof that
the court, in the examination of his appeal, was unduly
swayed by publicity in affirming the sentence of conviction
imposed by trial court, the charge of conviction by publicity
has thus no ground to stand on.
Anzaldo vs. Clave
Due process of law means fundamental fairness
Petitioner being more senior in point of service than the
private respondent, both occupying the same rank, the
petitioner is entitled to the promotional appointment in
question.
People vs. Medenilla
A judge is not prohibited from propounding clarificatory
questions on a witness if the purpose of which is to arrive at a
proper and just determination of the case.
Presumption of regularity in the performance of official
duty accorded to law enforcers. A mere denial and concoction
of another arrest scenario cannot overcome the positive
testimonies of the police officers
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Marcos vs. Sandiganbayan
Procedural flaws committed by Sandiganbayan are fatal to
the validity of its decision:
1. sessions of Sandganbayan whether en banc or division, shall
be held in its principal office in the MetroManila where it shall
try and determine all cases filed with it;
2. it should not allow unscheduled discussion of cases; (Cases
in all court shall be carefully calendared and advance notice
are given to judges and justices to enable them to study and
prepare for deliberation.)
3. Sandiganbayan do not allow informal discussion of cases.
(deliberation must appear on record)
4. The rules of Sandiganbayan do not allow the presence of a
non-member in the deliberation of cases.
5. Do not allow the exclusion of member of a division, whether
special or regular, in the deliberation of cases.
More important than the vote of 3 Sandiganbyan justices is
the process by which they arrive at their votes.
(Concurring Opinion)
The right of due process and rule of law are immutable
principles in a democratic society that should apply to all,
even to those we hate.
Equitable Banking Corporation vs. Calderon
A contract of adhesion is as binding as ordinary contracts,
the reason being that the party who adheres to the contract is
free to reject it entirely.
Serapio vs. Sandiganbayan
The purpose of preliminary investigation is merely to
determine whether a crime has been committed and whether
there is probable cause to believe that the person accused of
the crime is probably guilty thereof and should be held for
trial.
A person charged with capital offense is not absolutely
denied the opportunity to obtain provisional liberty on bail
pending the judgment of his case.
In exceptional cases, habeas corpus may be granted by the
courts even when the person concerned is detained pursuant
to a valid arrest or his voluntary surrender, for this writ of
liberty is recognized as the fundamental instrument for
safeguarding individual freedom against arbitrary and lawless
state action due to its ability to cut through the barriers of
form and procedural mazes.
Secretary of Justice vs. Lantion
Right to notice and hearing is not available during the
evaluation stage of the extradition process.
US vs. Purganan
The Supreme Court should rule that our extradition courts
may, after the arrest of the extraditee, grant the extraditee bail
if he establishes that he does not pose a flight risk or a danger
to the community, and there is no other special circumstance
that would warrant denial of bail.
Central Bank vs. CA
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 Constitutional Law
Prior notice and hearing not required before a bank may
be directed to stop operations and placed under receivership.
The bank is given full opportunity to prove arbitrariness
and bad faith in placing the bank under receivership, in which
event, the resolution may be properly nullified and the
receivership lifted as the trial court may determine.
Absence of prior notice and hearing as valid exercise of the
police power of the State not constitutive of acts of
arbitrariness and bad faith.
MB resolution may be annulled only after a determination
has been made by the trial court that its issuance is tainted
with arbitrariness and bad faith.
Tan vs. Barrios
Matters adjudge in a cause do not prejudice those were not
parties to it.
Doctrine of Stare Decisis shall be applied prospectively to
all future and pending cases.
The refilling of the information against person who had
been acquitted by the military tribunal long before the
promulgation of the Olaguer decision would amount to
double jeopardy.
Doctrine of operative facts
Depriving the petitioners of the protection of the judgment
of acquittal by retroactively divesting the military commission
of the jurisdiction it had exercise over them would amount to
an ex-post facto law.
Military tribunals are not courts within Philippine judicial
system.
Mejia vs. Pamaran
Power of the then President Marcos to create the
Sandiganbayan in 1978 made clear in the case of Nuez vs.
Sandiganbayan.
It is not a grant of authority to legislate, but a recognition
of such power as already existing in favor of the incumbent
President during the period of Martial law.
Sandiganbayan was created precisely in response to a
problem, the urgency of which cannot be denied namely
dishonesty in the public service. Not violative of equal
protection clause.
Presidential Decree and procedure provided for by the
Sandiganbayan is not constitutive of ex-post facto law.
If an accused has been heard in a court of competent
jurisdiction, and proceeded against under the orderly
processes of law, and only punished after inquiry and
investigation, upon notice to him, with an opportunity to be
heard, and a judgment awarded within the authority of a
constitutional law, then he has afforded due process of law.
People vs. Estrada
Under the Classical theory, the basis of criminal liability is
human free will; man, therefore, should be adjudged or held
accountable for wrongful acts so long as free will appears
unimpaired.
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The trial court, by depriving the accused who invokes
insanity of a mental examination, effectively deprives him of a
fair trial.
Insanity exist when there is complete deprivation of
intelligence in committing the act, the accused must be so
insane as to be incapable of entertaining a criminal intent.
Unsound mental condition that effectively renders the
accused unable to fully understand the charge against him and
to plead intelligently thereto.
Ang Tibay vs. CIR
The fact, however, that the Court of Industrial Relations
may be said to be free from the rigidity of certain procedural
requirement does not mean that it can, in justiciable cases
coming before it, entirely ignore or disregard the fundamental
and essential requirements of due process in trials and
investigations of an administrative character.
Cardinal Primary Rights which must be respected even in
administrative proceeding:
a. Right to hearing
b. Opportunity to present his case and adduce evidence
c. Duty to deliberate to support its decision
c. Substantial evidence to support the conclusion
d. Decisions be made based on the facts presented and laws
applicable
e. Inform the parties of the proceeding and the reason for
decisions rendered.
Estrada vs. Sandiganbayan
Court has no power to legislate
Precision must be the characteristics of penal legislation.
Plunder is a heinous crime which implies that it is a malum
in se though punished by a special law. It would be absurd to
treat prosecutions for plunder as though they are mere
prosecutions for violations of the Bouncing Check Laws or of
an ordinance against jaywalking, without regard to the
inherent wrongness of the acts.
David vs. Arroyo
The Constitution is the supreme law. It confers limited
powers on the national government.
If government consciously or unconsciously oversteps
these limitations there must be some authority competent to
hold it in control, to thwart its unconstitutional attempt, and
thus to vindicate and preserve inviolative the will of the
people as expressed in the constitution Judicial Review.
Requisite of the Power of Judicial Review:
a. there must be an actual case or controversy
b. question of constitutionality must be raised by proper party
(locus standi)
c. question of constitutionality must be raised at the earliest
opportunity
d. the decision of the constitutional question must be
necessary to the determination of the case.
The moot and academic principle is not a magic formula
that can automatically dissuade the court in resolving cases.
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 Constitutional Law
Requisites of Justiciable Question otherwise moot and
academic:
a. there is a grave violation of the Constitution
b. exceptional character of the situation and the paramount
public interest is involved
c. when constitutional issue raised requires formulation of
controlling principles to guide the bench, the bar, and the
public
d. the case is capable of repetition yet evading review.
A private individual to invoke the judicial power to
determine the validity of an executive or legislative action, he
must show that he has sustained a direct injury as a result of
that action, and it is not sufficient that he has a general
interest common to all members of the public.
Being a mere procedural technicality, the requirement of
locus standi may be waived by the court in the exercise of its
discretion, such as in cases of transcendental importance or
where the issues raised have far-reaching implications.
When the issue concerns a public right, it is sufficient that
the petitioner is a citizen and has an interest in the execution
of the laws.
National officers of the IBP have no legal standing where
they failed to allege that any direct injury or potentiary injury
which the IBP or its members may suffer.
The President cannot be sued during his tenure in any civil
or criminal cases.
The President can validly declare the existence of a state of
national emergency even in the absence of a Congressional
enactment but the exercise of emergency powers, such as
taking over of privately owned public utility or business
affected with public interest, is a different matter.
Requisite of Valid Delegation of Emergency Powers
a. there must be a war or other emergency
b. the delegation must be for a limited period only
c. the delegation must be subjected to such restriction as the
Congress may prescribe
d. the emergency powers must be exercised to carry out a
national policy declared by Congress.
People vs. Dela Piedra
Absence of evidence as to an improper motive actuating
the principal witnesses of the prosecution strongly tends to
sustain that no improper motive is existed and that their
testimony is worthy of full faith and credence.
Affirmative testimony of persons who are eyewitnesses of
the fact asserted easily overrides negative testimony.
Law enforcers are presumed to have performed their
duties regularly in the absence of evidence to the contrary.
IV. EQUAL PROTECTION
Arbitrariness in general may be challenged on the basis of the
due process clause. But if the particular act assailed partakes of
an unwarranted partiality or prejudice, the sharper weapon to
cut it down is the equal protection clause.
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Like due process clause, the equal protection clause is also
couched in indefinite language in order to provide for more
adjustability to the swiftly moving facts of our changing
society.
A. Definition
Equal protection simply requires that all persons or things
similarly situated should be treated alike, both as to rights
conferred and responsibilities imposed. Similar subjects
should not be treated differently, so as to give undue favor to
some and unjustly discriminate against others.
B. Persons Protected
The equal protection clause is available to all persons, natural
as well as juridical person insofar as their property is
concerned.
C. Classification
The equal protection clause does not require the universal
application of the laws, that is, that it operate on all the people
without distinction.
The law is not required to provide for the equality among
all persons if they are not similarly situated. What the
Constitution requires is equality among equals.
Classification the grouping of persons or things similar to
each other in certain particulars and different from all other in
certain particulars.
Requisites of Classification
a. it must be based upon substantial differences;
b. it must be germane to the purpose of the law;
c. it must not be limited to existing conditions only;
it must apply equally to all members of the classes.
a. Substantial Distinctions
Superficial differences do not make for a valid classification.
The distinction, to be valid, must be substantial.
b. Relevance to Purpose of Law
The classification, even of based on substantial distinction, will
still be invalid if it is not germane to the purpose of the law.
c. Duration
The classification must be enforced not only for the present
but as long as the problem sought to be corrected continues to
exist.
d. Applicability to All
The classification will be regarded as invalid if all the
members of the class are not similarly treated, both as to
rights conferred and obligations imposed.
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