CONSTITUTIONAL LAW II l JUDGE SINGCO l PRE-MIDTERMS l notes by: abiancaorbiso

POLICE POWER PASONG BAYABAS FARMERS ASSOC. V. CA

- the power of promoting public welfare by restraining and regulating
- the authority of a municipality to issue zoning classification is an exercise of
the use of liberty and property. the police power not the power of eminent domain.

- most pervasive, the least limitable and the most demanding among 3 - a zoning ordinance is defined as a local city or municipal legislation which
logically arranges, prescribes, defines and apportions a given political
powers. (salus populi best supreme lex and sic utter tuo ut alien non subdivision into specific land uses as present and future projection of needs.
laedas)

IS THERE ANY COMPENSATION IF PP IS USED BU THE

The general welfare could be:
GOVERNMENT TO LIMIT THE EXERCISE OF ONE’S RIGTHS?
1. public safety
- NO. It is more on the promotion of general welfare and the destruction
2. public welfare
of property out of necessity.
3. public policy
- IF THERE IS TAKING OF PROPERTY for the GEN. WELFARE using
4. public morals
PP then there is no monetary consideration there
5. public convenience
6. everything pertaining to the protection of public interest
COMPENSATION: POLICE POWER V. EXPROPRIATION
- In PP, the property is normally noxious or harmful to the general
WHO MAY EXERCISE? welfare and thus there is no expectation of monetary consideration.
- the power is inherently vested in the Legislature.
- in ED, if the property taken by the state is beneficial to the general
- for as along as the congress exercises the power of congress, i is
welfare, then there is always compensation because of SEC. 9 (no
virtually a plenary power of congress subject only to such substantive person shall be deprived of property taken for public use without just
and procedural limitations as provided by the constitution. compensation)

PERMISSIBLE DELEGATION OF POWER NO TAKING OF PROPERTY

PRESIDENT - in the exercise of emergency powers - In PP, there is no taking of property. There is no transfer of ownership.
- what is being regulated is the use of property
ADMINISTRATIVE BODIES - subordinate legislation

PRINCIPLE OF DESTRUCTION OUT OF NECESSITY

LGU’s - under the welfare clause
- it may only be taken when it becomes noxious to public welfare under
- however taking into consideration the
limitation in the exercise of the power by the principle of destruction out of necessity.
LGU’s excluding MMDA

PEOPLE - through the process of initiative and SAFEGUARDS FOR THE PROTECTION OF RIGHTS
referendum
1. due process of law
2. equal protection of laws
REQUISITES FOR VALID EXERCISE OF POLICE POWER 3. non-impairment of obligations of contracts
1. LAWFUL SUBJECT
- the interest of public in general as distinguished from those of EMINENT DOMAIN (POWER OF
particular class
- activity or property sought to be regulated affects the general welfare;
EXPROPRIATION)
- the power of the state limiting the ownership of the property. The
if it does, then the enjoyment of the rights flowing therefrom may have
to yield to the interests of the greater number. government, the moment it exercises this power shall confiscate the
property for Public Use upon payment of Just Compensation.
- being inherent, it does not need to be specifically conferred on the
2. LAWFUL MEANS
government by the Constitution.
- the means employed are reasonably necessary for the
accomplishment of the purpose and not unduly oppressive on
ART. 3 SEC. 9 “ private property shall not be taken for public use
individuals.
- police power concerns government enactments which precisely without just compensation”
- this provision is not a grant but indeed a LIMITATION of the power to
interfere with personal liberty or property to promote the general
welfare of the common good. exercise eminent domain.

ADDITIONAL LIMITATIONS (WHEN EXERCISED BY DELEGATE) * If the owner agrees to Sell the property - NO point of expropriation
1. express grant by law * If the owner refuses to sell the property - Government may confiscate
it thru the power of Eminent Domain.
2. within territorial limits
3. must not be contrary to law (activity prohibited by law cannot in the
guise of regulation, be allowed; an activity allowed by law may be EXERCISED ONLY WHEN THERE IS REFUSAL TO SELL
regulated, but not prohibited - DELA CRUZ. V. PARAS) - the power of eminent domain can only be exercised by the State
only when there is refusal of the property owner to the governments
offer of buying or acquiring the property for public use.

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CONSTITUTIONAL LAW II l JUDGE SINGCO l PRE-MIDTERMS l notes by: abiancaorbiso

- deemed to be a confiscation fo property for as long as it is intended

REPUBLIC V. CASTELVI
for Public Use and there must be a payment of Just Compensation.
- In this case, the government had rented and started occupying a parcel of
land in 1947 and, when the owner refused to continue extending the lease,
IF THERE HAS BEEN AN AGREEMENT TO SELL commenced expropriation proceedings in 1959. As the property was
- if an agreement was entered into between the government and the supposed to be assessed for the purposes of just compensation from the
time of the taking, the government argued that is should be deemed to have
owner of the property, then there is no need for eminent domain. taken the same in 1947, when the lease commenced and not in 1959 when
- Upon negotiation and the Owner failed to comply with the the proceedings were begun.

agreement, the governments’ remedy is to demand SPECIFIC HELD: taking of Castellvi’s property for purposes of eminent domain cannot be
PERFORMANCE OF CONTRACT TO SELL. considered to have taken place in 1947 when the Republic commenced to
occupy the property as lessee.

WHO MAY EXERCISE?

- its power is lodged primarily in the National Legislature. REQUISITES FOR A VALID TAKING
- XPN: may be validly delegated tp other governmental entities and 1) expropriator must enter a private property
even private corporations(quasi-public corporations) 2) entry must be more than a momentary period (permanent)
3) entry must be under warrant or color of legal authority
DELEGATION OF POWER TO: 4) property must be devoted to public use
1) Congress 5) utilization of the property in such a way to oust the owner and
2) President of the Philippines deprive him of beneficial enjoyment of the property.
3) Various Local Legislative bodies
4) Certain Public Corporations (NHA and water districts) WHY IS IT IMPORTANT TO KNOW WHEN WAS THE TAKING OF
5) Quasi-Public Corporations (PNR, PLDT, MERALCO) THE PROPERTY?
- the taking will serve as basis in determining the amount of just
SUBJECT TO JUDICIAL REVIEW? compensation
- depends upon who exercise the power of eminent domain. - the point of reference in considering the value of the property, shall
be reckoned from the date of the taking.
NATIONAL LEGISLATURE - the matter of WON taking is for public use
is beyond judicial inquiry thus NOT subject to Judicial Review.
1) based on the actual filing of expropriation cases in court; OR

If DELEGATE - it can be subject to judicial inquiry WON the taking is for 2) at some cases where, the government may have physically
public use and if there was a genuine necessity therefor of a public entered the property even before the expropriation case is
character. filed in court.

When the National Government exercise judicial power, the only issue - so it is the actual entry when the owner was deprived of the
for the court to determine is the matter of payment of just compensation. possession of the property, WHICHEVER COMES EARLIER.

REQUISITES IN THE VALID EXERCISE OF EMINENT DOMAIN EXERCISED OF POWER BY THE LOCAL GOVERNMENT
- the condition: there must be an Offer and Refusal
1) taking the property in the constitutional sense
2) must be a private property - there must be, as a condition precedent for filing of expropriation
case, an OFFER to the owner of the property that is DEFINITE and
3) for public use
IN MONEY; and there is REFUSAL of the offer by the property
4) payment of just compensation
owner. Only then can expropriation case be filed in court OR
5) observance of due process of law
when the case is dismissible for lack of cause of action; or
premature.
TAKING OF THE PROPERTY
- taking occurs when the land owner is deprived of the use and
PRIVATE PROPERTY
benefit of this property such as when the title is transferred to the - anything that can come under the dominion of man is subject to
government.
expropriation.
- it is reckoned from the time when eminent domain is filed
1) real and personal, tangible and intangible properties
- includes (1) trespass without actual eviction of the owner; (2)
2) franchise ( which is a property right thus may be subject for
material impairment of the value of the property; (3) prevention of
expropriation)
the ordinary uses for which the property was intended.
3) churches and other religious properties

EXCEPTIONS: money and choses in action

CHOSES IN ACTION (is a personal right not reduced into possession
but recoverable by a suit at law, a right to receive, demand or recover a
debt, demand or damages on a cause of action ex contractu or for a tort
or omission of duty)

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CONSTITUTIONAL LAW II l JUDGE SINGCO l PRE-MIDTERMS l notes by: abiancaorbiso

If property owned by the Municipal Corporation are PATRIMONIAL WHO DETERMINES JUST COMPENSATION?
PROPERTY (owned by Municipal corporations in their proprietary - the court should determine first the actual or basic value of the
capacity) should there be taking of that property, it is COMPENSABLE. property. Where the entire property is expropriated, there should be
added to the basic value the owner’s consequential damages after
PROPERTY FOR PUBLIC USE TAKEN FOR ANOTHER PUBLIC USE deducting therein the consequential benefits.
Can you take a property already devoted to public use for another public
use? ILLUSTRATION:
- YES, provided that the power is exercised by the national legislature 1. FMV of the property
because the power is plenary in so far the Congress is concerned. 2. consequential damages (added)
- BUT, if the power is exercised by a delegate, there has to be another 3. consequential benefit (deducted)
law, a special grant authorizing the delegate to expropriate the
property already devoted to public use for another public use. So Fair Market Value is the price where the seller is not compelled to sell
LGC will to be enough to grant that power to an LGU in order to take nor the buyer is compelled to buy, taking into consideration:
the property already taken for public use. a) location
Upon finding no necessity of expropriation made by the LGU, b) classification
then the courts have the authority to inquire and thus refuse to allow the
c) usage
expropriation.
d) size
CHINESE COMMUNITY CASE e) potential of the property
- In this case, the government had rented and started occupying a parcel of f) improvements found in the property
land in 1947 and, when the owner refused to continue extending the lease,
commenced expropriation proceedings in 1959. As the property was EPZA V. DULAY
supposed to be assessed for the purposes of just compensation from the
time of the taking, the government argued that is should be deemed to have - the ascertainment of what constitutes just compensation for property taken
taken the same in 1947, when the lease commenced and not in 1959 when in eminent domain cases is a judicial prerogative and PD 76 which fixes the
the proceedings were begun.
payment on the basis of the assessment by the assessor or the declared
valuation by the owner is unconstitutional (
HELD: taking of Castellvi’s property for purposes of eminent domain cannot be
considered to have taken place in 1947 when the Republic commenced to
occupy the property as lessee.
WHEN TO PAY?
- due process demands that there has to be PROMPT PAYMENT.
PUBLIC USE - GEN. RULE: the form of compensation is to be paid in money and
- anything that redounds to the benefit of the community or a greater no other
number of people in the community. - XPN: Assoc. of Small Landowners v. Sec of Agrarian Reform (it
- EX. When you have a property expropriated for the purpose of was held that in agrarian reform, payment is allowed to be made
relocating the squatters. Even if only 50 families will be benefited partly in binds, because under the CARP, “we do not deal with the
from it, it is till considered for public use. traditional exercise of the power of eminent domain; we deal with a
- EX. Tourism purposes. (Heirs of Juancho Ardona v. Reyes) revolutionary kind of expropriation)
- SEC 16(e) RA 6657 (the deposit of compensation must be in
“CASH” or in “LAND BANK BONDS”, not in any other form and
HEIRS OF JUANCHO ARDONA V. REYES certainly not in a trust account)
- a property was taken for the construction of a golf course. it was only for
tourism purposes but it was considered as taken for public use by the REPUBLIC V. LIM
government for the fact that it indirectly benefit the greater number of
constituents through the income derived from the tourism out of the gulf
- TN of the DEADLINE provided for by this decision where SC said that should
course which shall redound to the benefit of the greater public. there be no payment of just compensation within 5 years from the finality of
the judgment of the expropriation case, that shall entitle the owner of the
property to recover his property.

PAYMENT OF JUST COMPENSATION - because in expropriation case, it is in simple fee, therefore the transfer is
- full and fair equivalent of the property taken from the private owner ABSOLUTE which means that the owner as a general rule cannot move for
the recovery pf his property. And non payment of compensation id not a
by the expropriator. ground for recovery of the property.

- intended to indemnify the owner fully for the loss he has sustained - BUT in this case, the SC has explained that should there be no payment at
al within 5 years, the owner has right to recover his property.
asa result of the expropriation.
- just compensation means not only the correct amount to be paid to
the owner of the land but also payment within a reasonable time RECKONING PERIOD OF PAYMENT
from its taking (Eslaban v. De Onorio) - based on the time of the TAKING of the property.

PAYMENT OF INTEREST AND REIMBURSEMENT OF TAXES (must

CSMR OF IR V. CENTRAL LUZON DRUG
be alleged in Pleadings)
- the tax credit given to commercial establishments fro the discount enjoyed
by señor citizens pursuant to R.A. 7342 is a form of just compensation for
private property taken by the State for public use, since the privilege enjoyed In the case where the transfer of ownership is only effective upon full
by the senior citizens does not come directly from the State, but from the
payment of just compensation where in the mean time the property is
private establishments concerned.
still in the name of the owner in which case he is still obliged to pay the
taxes for the said property until there is full payment of just

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CONSTITUTIONAL LAW II l JUDGE SINGCO l PRE-MIDTERMS l notes by: abiancaorbiso

compensation. Will he be entitled for reimbursement for the taxes paid - if the poverty was originally taken for pubic use, can the sale be now
for the property? sold to private person?
- YES. (e.g. NHA expropriates property, for the purpose of socialized
- YES. He must allege this in his pleadings. housing. Later, it finds it as not appropriate for that purpose and sells
- Or when, he is considered to have waived that right for the claim of it to a developer)
the payment of the reimbursement of the payment of taxes.
- As to the interest rate, TN it is still 6% per annum until full payment, RIGHT TO REPURCHASE OR RE-AQUIRE THE PROPERTY - WHEN
on top of the just compensation. SPECIFIC PURPOSE WAS NOT ATTAINED
- It is only when there is delay in the payment of just compensation Case: MCIAA v. CA
despite repeated demands that the owner shall be entitled to the - Remember that in recovery of the property, it depends the kind of
payment of 12% per annum. expropriation. Because now there is a new issue.
- The interest will be reckoned from the finality of judgment, when all - What if the property is taken for a specific purpose, like for the
appeals have been resolved, not on the rendition of judgment. You construction of airport but no airport was established in the property?
start counting the 5 years from the entry of judgment. Can the owner recover the property?
- If the expropriation is conditional to a purpose, and it is not served,
HOW MUCH JUST COMPENSATION PAID BY THE GOVERNMENT it is like a donation; the owner of the property may recover the
TO BE ISSUED PERMIT OF POSSESSION? property. But of course there has to be payment of reconveyance,
- under Rule 67 of the Rules of Court, there are 2 stages in an the initial payment to the owner of the property. And of course you
expropriation case: consider the improvements as well at the time of the recovery of the
property.
1) when the government enters the property and has to make - But if it is absolute, no conditions whatsoever, then there is no
payment in certain percentage so that they can be issued as writ obligation on the part of the government to reconvey the property to
of possession; the original owner of the property.
2) when there is a determination of just compensation
EXERCISE BY PRIVATE CORPORATION ENGAGED IN
OPERATIONS IN PUBLIC UTILITY
RULE 67 OF ROC - 10% PAYMENT FOR THE ISSUANCE OF WRIT
OF POSSESSION When the power is exercised by private corporations engaged in the
- the deposit must be made y the government so that a writ of operations of public utility, or quasi private corporations such as water
districts.
possession would be issued by the courts is just 10% of the value of
the property which is subject of the expropriation, based on the
assessment made by the municipal or city assessor for taxation REQUIREMENTS FOR VALID EXERCISE OF POWER
purposes. 1. definite offer in money

2. refusal
For as long as:
1. the complaint is valid What are the requirements?
2. there is allegation that the taking is for pubic use; and - For MCWD to exercise it power of eminent domain, two requirements
3. there is deposit of at least 10% should be met:
- it is MINISTERIAL on the part of the courts, NOT discretionary to 1. BOD passed a resolution authorizing the expropriation
issue the writ of possession so that the government can enter the 2. exercise of power of eminent domain is subject to review by Local
property and start whatever undertaking or project that they intend to Utilities Administration (authority of LUA)
use the property.
- this is without prejudice to the 2nd stage of the proceedings;; the POLICE POWER VS EMINENT DOMAIN
hearing of the just compensation of the property. PP: subject is usually a noxious property and thus there is no payment
of just compensation in monetary terms
RA 8974 - 100% PAYMENT FOR NATIONAL INFRASTRUCTURES ED: usually beneficial and for use of public therefore, there should be
- it requires full payment of the estimated value of the property based just compensation
on the zonal valuation by BIR for taxation purposes.
LIMITATION ON THE EXERCISE OF EMINENT DOMAIN VIS A VIS
NO VIOLATION OF SC’s PREROGATIVE TO AMEND TULES OF DUE PROCESS, EQUAL PROTECTION OF LAW, AND NON
COURT IMPAIRMENT CLAUSE
- would this violate the ruling of the SC that only SC can amend the
rules of court? Because this is in effect amends the rules of court ON DUE PROCESS
particularly rule 67 in relation to payment of deposits? - there will be hearing before the owner is deprived of the private
- NO. property
- hearing of the payment of just compensation; prompt payment
PROPERTY EXPROPRIATED SOLD FOR PRIVATE PURPOSE

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ON EQUAL PROTECTION OF LAWS proceedings and to heard therein on the correct valuation to be given
- All persons situated under the same circumstances should the property.
be treated alike by law.
2. EQUAL PROTECTION AND TAXATION
ON NON IMPAIRMENT CLAUSE - The constitution provides, the rule of taxation shall be UNIFORM and
As between the two, which one shall prevail? Eminent EQUITABLE
domain or non impairment clause?
- Non impairment clause is subordinate to eminent domain UNIFORMITY IN TAXATION means that [ersons or things belonging to
power. the same class shall be taxed at the same rate; merely requires that all
subjects or objects of taxation, similarly situated, are to be treated alike
If only when if there is a contract of lease for example,
both in privileges and liabilities.
between the original owner of the property and the lessee and the
property becomes the subject of expropriation, can the government take
the property even if the period of the lease has not expired yet? EQUALITY IN TAXATION means that the tax shall be strictly
- YES. Because eminent domain is superior. The lessee may be proportional to the relative value of the property; connotes that taxes
prejudiced by the termination of the contract because of the should be apportioned among the people according to their capacity to
expropriation. That may be compensable. pay

DOUBLE TAXATION
POWER OF TAXATION - SC held that DT is prohibited in our jurisdiction; there is DT when
additional taxes are laid on the same taxing jurisdiction during the
- TAXES are the enforced proportional contributions from persons and same taxing period and for the same purpose.
property, levied by the State by virtue of its sovereignty, for the
support of government and for the public needs. 3. PUBLIC PURPOSE
- Include indirect public advantage or benefit. The use of TAX
SIGNIFICANCE OF TAXATION REVENUES for the support of particular industries is vital to the
- Derives from the unavoidable obligation of the government to protect national economy, the clearance of slums for the construction of
the people and to extend to them benefits in the form of public homesites for deserving citizens, and the payment of retirement or
projects and services death gratuities to civil servants or their heirs.

OBLIGATION TO PAY TAXES TAX EXEMPTION

- Not based on contract but is a DUTY imposed upon the individual by
the mere fact of his membership in the body politic and his enjoyment - The burden of proof rests upon the party claiming exemption to prove
of the benefits available from such membership that it is, in fact, covered by the exception claimed; general rule –
construed against the claimant.
TAXES AS DISTINGUISHED FROM LICENSES - The constitutional exemption from taxes is provided under S28(3)
- Taxes are levied to raise revenues. License are imposed for ART 6
regulatory purposes only; are justified under police power - Charitable institutions, churches and parsonages or convents
appurtenant thereto, mosques, non-profit cemeteries, and all lands,
SCOPE buildings, and improvements, actually, directly, and exclusively used
- It reaches even the citizen abroad and his income earned from for religious, charitable, or educational purposes shall be exempt from
sources outside his State. Even shares of stock issued by a foreign taxation
corporation BUT in action in the local State may be taxed by it. So too
are the proceeds from insurance company issued abroad Reason – these institutions give considerable assistance to the State in
- “The power to tax include the power to destroy” if it is used validly as the improvement of the morality of the people and the care of the
an implement of police power in discouraging and in effect ultimately indigent and the handicapped.
prohibiting certain things or enterprises INIMICAL to public welfare.

WHO EXERCISE?
- The power to tax is inherent in the State. Primarily vested in the
national legislature and now also exercised by local legislative bodies
pursuant to S5 ART 10 1987 PH C

LIMITATIONS ON THE EXERCISE OF TAXATION

1. DUE PROCESS
Where the tax to be collected is to be based on the value of the taxable
property, the tax payer is entitled to be notified of the assessment

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DUE PROCESS OF LAW - it does NOT apply to penal laws unless subject to the penalty applied
- SEC. 1 ART 3 “no person shall be deprived of life, liberty or property to penal laws are referred to or related to the exercise of the freedom
of expression like laws for libel.
without due process of law”

OVER BREADTH DOCTRINE

MEANING OF LIFE, LIBERTY AND PROPERTY
- the law is so comprehensive that you cannot anymore determine
LIFE LIBERTY PROPERTY what is covered by the law as to its limitations as to the exercise on
the rights of individuals.
- includes he right of - the right to exist - anything that can
- unconstitutional as this violates the due process of law
an individual to his and the right of the come under the
body in its citizen to be free right of ownership
completeness free to use his faculties and be the subject VOID FOR VAGUENESS DOCTRINE
from dismemberment in all lawful ways.
of contract.
- when the law is vague, it is deemed unconstitutional.
and extends to use - freedom to do - it represents more
- unconstitutional in the sense that the person concerned subject of the
of God-given right and never than the things a
faculties which wrong person owns
law is not properly appraised of what the law is because it is over
makes life enjoyable. - includes the right breadth or vague. The discretion is left on the person implementing
to secure, sue and what the law is.
dispose of them.

HOW TO CHALLENGE?
CHAVEZ V. ROMULO

- the license to carry a firearm is neither a property nor a property right. FACIAL CHALLENGE AS APPLIED CHALLENGE
Neither does it create a vested right. A permit to carry a firearm outside
one’s residence may be revoked at any time. Even if it were a property right, - questions the constitutionality on the - if you are involved in a case and
it cannot be considered as absolute as to be placed beyond the reach of face and not have to apply that to a you are the aggrieved party and you
police power. case you are involved. It may only be ask the court to declare the law
on the tenor of the law itself that you unconstitutional for it violates due
question its constitutionality by process and you were prejudiced by
LIBANAN V. SANDIGANBAYAN invoking 2 grounds over breadth or the application of the law.

vagueness doctrine.
- the mandatory suspension from office of a public official pending criminal
prosecution for violation of RA 3019 cannot amount to deprivation of
property without due process of law.
PROCEDURAL DUE PROCESS
2 Aspects - this serves as a restriction on actions against of judicial and quasi-
1. Substantive Due Process of Law judicial agencies of government.
2. Procedural Due Process of Law REQUISITES IN THE JUDICIAL DUE PROCESS
1. an impartial court or tribunal clothed with judicial power to hear and
SUBSTANTIVE DUE PROCESS determine the matter before it
- refers to the law itself. It is not just the proper implementation of the 2. jurisdiction must be lawfully acquired over the person of the
law. There is also the guaranty that the law must be fair, just and defendant and over the property which is the subject matter of the
reasonable. It should not void nor over breadth proceeding
- serves as a restriction on government’s law and rule making powers. 3. defendant must be given opportunity to be heard
- requires the intrinsic validity of law in interfering with the rights of the 4. judgement must be rendered upon lawful hearing
person to his life, liberty and property.

HOW DO YOU PASS THE TEST OF REASONABLENESS OF THE IMPARTIAL AND COMPETENT COURT
LAW? - every litigant is entitled to the cold neutrality of an impartial judge
- go back to the valid exercise of police power.
a) the subject matter is lawful JURISDICTION
b) means in achieving the purpose is likewise lawful - it should be emphasize that serving of summons is not only
- These two must concur in order to determine whether or not there required to give the court jurisdiction over the person of the defendant
has been a violation of the due process particularly on substantive but also to afford the latter the opportunity to be heard on the claim
due process. made against him.
- aside from summons, it can also be acquired by VOLUNTARY
OVER BREADTH DOCTRINE AND VOID FOR VAGUENESS APPEARANCE before the court, which includes submissions of
DOCTRINE pleadings in compliance with the order of he court or tribunal.
- on Facial Challenge and as Applied Challenge on the constitutionality
of the law for it may violate due process of law. You should relate
these.

These two can ONLY be applied on FREEDOM OF SPEECH

- when these laws are passed, the subject of which is the limitation on
the freedom of expression or freedom of speech.

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4. padlocking of restaurants found to be insanitary

ACTIONS IN PERSONAM ACTIONS IN REM OR QUASI IN REM
5. theaters showing obscene movies
- complaint for recovery of loan, - land registration proceedings or the
6. issuance of TRO
jurisdiction is acquired thru foreclosure of the real estate
voluntary appearance in court.
mortgage, jurisdiction is acquired thru 7. writs of preliminary attachment or writs of possession
- may be effected personally or by the power it exercise over the
substituted service or by property.
8. abatement of nuisances per se
publication. - notice by publication can suffice.

JUDGEMENT
HEARING - a requirement of due process that the parties to a litigation be
- due process is satisfied as long as the party is accorded to the informed of how it was decided, with an explanation of the factual and
opportunity to be heard; if it is not availed of, it is deemed waived or legal reasons that led to the conclusions of the court.
forfeited without violating the constitutional guarantee.
- he has right to be notified of every incident of the proceeding and to ADMINISTRATIVE DUE PROCESS
be present at every stage thereof so that he may be heard by himself - notice and hearing are indispensable
and counsel for the protection of his interests.
REQUISITES: (ANG TIBAY V. CIR)
LAWFUL HEARING 1. right to a hearing, which includes the right to present one’s case and
- this is necessary because otherwise the right to a hearing would be submit evidence in support thereof
rendered meaningless. 2. tribunal must consider the evidence presented
- SEC. 14 ART 8 (no decision shall be rendered by any court without 3. the decision mist have something to support itself
expressing therein clearly and distinctly the facts and the law on 4. the evidence must be substantial
which it is based) 5. the decision must be rendered on the evidence presented at the
hearing, or at least contained in the records and disclosed to the
PUBLICATION REQUIREMENT parties affected
- publication is imperative to the validity of laws, presidential decrees 6. the tribunal or body or any of its judges must act on its or his own
and executive orders, administrative rules and regulations and is an independent consideration of the aw and facts of the controversy
indispensable part of due process. and not simple accept the views of a subordinate in arriving at a
decision
APPEAL AND DUE PROCESS 7. the board or body should, in all controversial questions, render its
- right to appeal is not essential to the right to a hearing except when decision in such a manner that the parties to the proceeding can
guaranteed by the Constitution, appeal may be allowed or denied by know the various issues involved, and the reason for the decision
the legislature in its discretion. rendered.
- if allowed by statute, it must be exercised strictly in accordance with
the provisions of the law and rules.
- rules 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.

INSTANCES WHEN LEGISLATURE CANNOT DEPRIVE A PERSON

OF THE RIGHT TO APPEAL (ART. 8 SEC 5(2))
1. all cases in which the constitutionality or validity of any treaty,
international or executive agreement, law, presidential decree,
proclamation, order, instruction, ordinance or regulation is in
question.
2. all cases involving the legality of any tax, impost, assessment or toll
or any penalty imposed on relation thereto.
3. all cases in which the jurisdiction of any lower courts is in issue
4. all criminal cases in which the penalty imposed is reclusion
perpetual or higher
5. all cases in which only an error or question of law is allowed

EXCEPTIONS - CASES WHICH ESSENTIAL REQUISITES OF

NOTICE AND HEARING MAY BE OMM\ITTED WITHOUT VIOLATION
OF DUE PROCESS
1. cancellation of passport
2. preventive suspension of public servant facing administrative
charges
3. distraint of properties for tax delinquency

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