Professional Documents
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In this case, the person may validly refuse to be subjected under the State’s exercise of
eminent domain primarily on the ground that “Private property shall not be taked for
public use without just compensation.” Just compensation is defined as the “full and fair
value of the property taken. It is the market value of the property.” It is apparent in this
case that the amount imposed by the local government is grossly inadequate, thereby
violating the concept of just compensation.
Furthermore, local government units have no inherent power of eminent domain. They
can only exercise it when expressly authorized by the Legislature. In this case, there was
no showing of any legislative act which authorized the local government to exercise the
power of eminent domain.
CASE 3:
The local government of Place A decided to pass into law an ordinance prohibiting the
use of “puke shorts” and other similar mode of dressings in public places.
1. Is the law justifiable? Explain
NO. The local government, in this case, exercises its police power as it restrains and
regulates the use of liberty of an individual. This power, however, has its limitations.
Such power can only be exercised on a lawful subject. This means that the activity or
property sought to be regulated affects the general welfare. There is no showing in this
case that the wearing of “puke shorts” yield to the necessities of protecting vital public
interests. In fact, it is a violation of the Constitutional right to freedom of expression.
The painter’s right to freedom of expression is violated. It has been ruled that “If such
pictures, sculptures, and paintings are shown in art exhibits for the cause of arts, there
would be no offense committed.” Only when such art creates “clear and present danger”
can the State interfere to one’s freedom of expression.
CASE 7:
Due to the proliferation of fake news, the government of STATE A decided to pass into
law the prohibition of use of Facebook and other social media platforms. It is further
stated and rationalized that law has been crafted to the wisdom that the people are
starting to build organizations to “ topple the legitimate” government due to
misinformation.
1. Is the law Constitutional? Explain
NO. Art. III, Sec. 4, provides, “No law shall be passed abridging the freedom of speech,
of expression, or of the press, or the right of the people to peaceable assemble and
petition the government for redress of grievances.
That the people are “starting to build” organizations to topple the legitimate
government due to misinformation as a ground for the prohibition of the use of
Facebook and other social media platforms is a mere speculation. The Constitutional
rights to peaceably assemble and petition the government for redress of grievances
cannot be violated especially by virtue of mere speculation.
Mahal ko pa rin kayo kahit sinusumpa niyo na ‘ko sa dami ng mga kaso na ito.
-DDLEM