Professional Documents
Culture Documents
Atienza
Facts: City of Manila enacted an ordinance that reclassified the Pandacan area
from an Industrial Area into a Commercial Area. Incidentally, the ordinance
called businesses operating in the Pandacan area to cease from operating after 6
months. Subsequently, affected oil companies entered into an MOU with the
City, which was eventually ratified by the SP of Manila. Thus, petitioners assail
the ratification of the MOU noting that the original ordinance should be upheld.
Ruling: The law is a legitimate exercise of police power which, similar to the
power of eminent domain, has general welfare for its object. Accordingly, it has
been described as the most essential, insistent and the least limitable of powers,
extending as it does to all the great public needs. For this reason, when the
conditions so demand as determined by the legislature, property rights must
bow to the primacy of police power because property rights, though sheltered by
due process, must yield to general welfare. Moreover, the right to property has a
social dimension. While Article XIII of the Constitution provides the precept for
the protection of property, various laws and jurisprudence, particularly on
agrarian reform and the regulation of contracts and public utilities, continuously
serve as a reminder that the right to property can be relinquished upon the
command of the State for the promotion of public good.
Ruling: While the Bill of Rights also protects property rights, the primacy of
human rights over property rights is recognized. Because these freedoms are
"delicate and vulnerable, as well as supremely precious in our society" and the
"threat of sanctions may deter their exercise almost as potently as the actual
application of sanctions," they "need breathing space to survive," permitting
government regulation only "with narrow specificity. In the hierarchy of civil
liberties, the rights of free expression and of assembly occupy a preferred
position as they are essential to the preservation and vitality of our civil and
political institutions; and such priority "gives these liberties the sanctity and the
sanction not permitting dubious intrusions. The primacy of human rights —
freedom of expression, of peaceful assembly and of petition for redress of
grievances — over property rights has been sustained.
Balacult v. CFI
Ruling: To invoke the exercise of police power, not only must it appear that the
interest of the public generally requires an interference with private rights, but
the means adopted must be reasonably necessary for the accomplishment of the
purpose and not unduly oppressive upon individuals. Police power legislation
must be firmly grounded on public interest and welfare, and a reasonable
relation must exist between purposes and means. While it is true that a business
may be regulated, it is equally true that such regulation must be within the
bounds of reason, that is, the regulatory ordinance must be reasonable, and its
provisions cannot be oppressive amounting to an arbitrary interference with the
business or calling subject of regulation. The enacted ordinance amounts to
interference of property rights without a lawful subject. Thus invalid
Lozano v. Martinez
Ruling: Police power is a dynamic force that enables the state to meet the
exigencies of changing times. There are occasions when the police power of the
state may even override a constitutional guaranty. For example, there have been
cases wherein we held that the constitutional provision on non-impairment of
contracts must yield to the police power of the state. Since BP 22 was enacted by
the state in the exercise of police power, the Court ruled I favor of its validity
notwithstanding the alleged constitutional transgressions
Facts: Petitioners assailed the constitutionality of the Generics Act and its
pertinent IRR, this petition is primarily directed against the penal clause of the
said law. The petitioners noted that the law violates the equal protection clause
of the constitution.
Ruling: In any event, no private contract between doctor and patient may be
allowed to override the power of the State to enact laws that are reasonably
necessary to secure the health, safety, good order, comfort, or general welfare of
the community. This power can neither be abdicated nor bargained away. All
contractual and property rights are held subject to its fair exercise. Thus, the
Court sustained the validity of the Generics Act of 1988.
Ruling: The power to regulate and control the practice of medicine includes the
power to regulate admission to the ranks of those authorized to practice
medicine, is also well recognized. thus, legislation and administrative regulations
requiring those who wish to practice medicine first to take and pass medical board
examinations have long ago been recognized as valid exercises of governmental
power. Thus, the Court affirmed the validity of NMAT.
Ruling: he mantle of protection associated with the due process guaranty does
not cover petitioners. This particular manifestation of a police power measure
being specifically aimed to safeguard public morals is immune from such
imputation of nullity resting purely on conjecture and unsupported by anything
of substance. To hold otherwise would be to unduly restrict and narrow the
scope of police power which has been properly characterized as the most
essential, insistent and the least limitable of powers, extending as it does "to all
the great public needs." It would be, to paraphrase another leading decision, to
destroy the very purpose of the state if it could be deprived or allowed itself to
be deprived of its competence to promote public health, public morals, public
safety and the genera welfare.
Cruz v. Paras
Velasco v. Villegas
Ruling: The attack against the validity cannot succeed it is a police power
measure. This, ordinance was deemed to be constitutional.
Facts: Upon learning of PAGCOR’s intent to operate a casino within the City of
Cagayan de Oro, petitioners enacted an ordinance, which sought to prohibit the
operation of casinos within Cagayan de Oro. Respondents’ challenge the
resolution on the ground of its unconstitutionality.
Ruling: While Local Government units are empowered by the General Welfare
Clause to enact ordinances aimed to promote public welfare, it shall be subject to
the conditions as established by jurisprudence, namely: 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; 6) It must not be
unreasonable.
Tano v. Socrates
Facts: The City of Manila enacted an ordinance that sought to prohibit persons
and corporations from operating motels and other establishment, which tends to
illicit immoral activities. Private respondents argued against the constitutionality
of the ordinance on the ground that it violates the due process clause.
Facts: Private individuals initially acquired the subject lots of the case.
Subsequently, defendants acquired the same lots and intend to construct a
banking complex. Plaintiff opposed this plan on the ground that the conditions
for the sale provided that the purchased lots should only be used for residential
purposes. On the other hand, defendants invoked the municipality’s zoning
resolution that classified the area as industrial/commercial. Finally, plaintiff
argued that the resolution is invalid as it would impair the conditions in the sale
of the lots
Facts: The case started when respondent village filed an action for specific
performance and damages against plaintiff on the ground that she violated the
Deed of Restriction imposed on her lot by building a pan de sal store. The lower
Courts ruled against plaintiff, which prompted to appeal before the SC.
Petitioner argues that the building of the store is justified as the lot is classified as
a commercial area. Respondent village also challenged the Court’s previous
ruling in Sangalang v. IAC noting that the SC misinterpreted the zoning
ordinance classifying the village as a highly commercial area.
Ruling: Undoubtedly, they are valid and can be enforced against the petitioner.
However, these contractual stipulations on the use of the land even if said
conditions are annotated on the torrens title can be impaired if necessary to
reconcile with the legitimate exercise of police power. Above all, it [contract
stipulations] cannot be raised as a deterrent to police power, designed precisely
to promote health, safety, peace, and enhance the common good, at the expense
of contractual rights, whenever necessary.
Bautista v. Juinio
Ruling: The Court noted that the LOI was pursuant to a lawful subject. In the
interplay between such a fundamental right [due process] and police power,
especially so where the assailed governmental action deals with the use of one's
property, the latter is accorded much leeway. To hold otherwise would be to
unduly restrict and narrow the scope of police power which has been properly
characterized as the most essential, insistent and the least limitable of powers,
extending as it does 'to all the great public needs. Thus the Court upheld the
validity of the LOI and the measure adopted by the respondents.
Ruling: The Court declared that the following requisites for the valid
exercise of the power of eminent domain by a local government unit must be
complied with:
1. An ordinance is enacted by the local legislative council authorizing the
local chief executive, in behalf of the local government unit, to exercise
the power of eminent domain or pursue expropriation proceedings over
a particular private property.
4. 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.
Republic v. Castellvi
Ruling: The elements of taking are as follows: a) Expropriator must enter private
property; b) Entrance in private property must be for more than a momentary
period; c) The entry into the property should be under warrant or color of legal
authority; d) Property must be devoted to public use; e) Utilization of the
property for public use must be in such a way as to oust the owner and deprive
him of all beneficial enjoyment of the property. Upon careful perusal of the facts,
the Court ruled that taking did not happen when the petitioner leased
respondent’s land. The "taking" of the Castellvi property for the purposes of
determining the just compensation to be paid must, therefore, be reckoned as of
June 26, 1959 when the complaint for eminent domain was filed.
People v. Fajardo
Ruling: Normally, of course, the power of eminent domain results in the taking
or appropriation of title to, and possession of, the expropriated property; but no
cogent reason appears why said power may not be availed of to impose only a
burden upon the owner of condemned property, without loss of title and
possession. The easement of right-of-way is definitely a taking under the power
of eminent domain. Considering the nature and effect of the installation of the
230 KV Mexico-Limay transmission lines, the limitation imposed by NPC against
the use of the land for an indefinite period deprives private respondents of its
ordinary use. Thus, spouses were entitled to just compensation and not merely
simple easement fees.
PPI v. COMELEC
Facts: Petitioner filed a complaint before the RTC seeking to expropriate the land
belonging to the respondents. Respondents sought for the dismissal of the case
noting that their lots were exempted from expropriation by virtue of RA 7279.
On the other hand, petitioner argued that the modern exercise of eminent
domain calls for a less restricted exercise of power by virtue of more liberal
jurisprudences interpreting the power in favor of the general welfare.
Ruling: While we adhere to the expanded notion of public use, the passage of
R.A. No. 7279, the Urban Development and Housing Act of 1992 introduced a
limitation on the size of the land sought to be expropriated for socialized
housing. Small-property owners are defined by two elements: (1) 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 (2) that they do not own real property other than the
same. In the present case, while the lot of the heirs of Francisco was noted to be
more than 300 sq. meters, each heir as co-owners were only entitled to 69 sq.
meters. Thus, their lot was considered to be exempt from expropriation.
Sumulong v. Guerrero
Facts: NHA filed a petition to expropriate the lot of petitioner at a price of 1.oo
per square. Consequently, respondent judge issued a writ of possession in favor
of NHA. Because of this, petitioners assailed the issuance of the writ on the
ground that they are deprived of property without due process of law.
Petitioners also noted that the term social housing does not fall under the
purview of ‘public use’.
Facts: The Philippine Tourist Authority sought to expropriate the land belonging
to petitioners for the promotion of tourism by creating, among others, golf course
and other recreational activities. Petitioner challenge the act on the ground that
the ‘promotion of tourism’ does not fall under the purview of public use.
Ruling: As long as the purpose of the taking is public, then the power of eminent
domain comes into play. Ostensibly the Court also noted that the non-
impairment clause has never been a barrier to the exercise of police power and
likewise eminent domain. Thus, the Court ruled in favor of the expropriation.
Ruling: Under the new concept, "public use" means public advantage,
convenience or benefit, which tends to contribute to the general welfare and the
prosperity of the whole community, like a resort complex for tourists or housing
project. Requiring approval of the DAR Secretary prior to the expropriation of
agricultural land would give his the unbridled authority to ascertain whether it
is for public purpose or use. Thus, expropriation is valid.
Jimenez v. PEZA
Facts: