Consti 2 Reviewer
ARTICLE III Bill of Rights (Bernas Primer) Bernice Joana Pinol Notes Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. Powers of Government • When unlimited, becomes tyrannical hence the Bill of Rights is a guarantee that there are certain areas of a person’s life, liberty and property which governmental power may not touch. All powers are limited: police power, power of eminent domain, and power of taxation. Inherent because it belongs to the very essence of government, without them no government can exist. A constitution does not grant them.
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Bill of Rights v Social Justice • • Police Power • The most essential, insistent and the least limitable power, extending to all the great public needs. “That inherent and plenary power in the State which enables is to prohibit all that is hurtful to the comfort, safety, and welfare of society.” Rests upon public necessity and upon the right of the State and of the public to self‐ protection. National government exercises police power through the legislative department (delegated to local governments). Bill of Rights civil and political rights. Can be appeased in the absence of implementing legislation. Social Justice social and economic rights; requires implementing legislation.
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**Acebedo Optical case: LG may regulate business but may not engage in the licensing or regulation of professions. **MMDA Case: Police power in Metro Manila is exercised by the cities and municipalities. MMDA is an executive authority and has no police power. • The state may prohibit gambling and make violation a criminal offense. But gambling per se is not immoral. It can also order the closure of commercial blood banks since it is a valid exercise of police power to protect public health.
Protected Rights; Life. Right to Live • Protection of the right to be
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Bill of Rights v Social Justice • • Police Power • The most essential, insistent and the least limitable power, extending to all the great public needs. “That inherent and plenary power in the State which enables is to prohibit all that is hurtful to the comfort, safety, and welfare of society.” Rests upon public necessity and upon the right of the State and of the public to self‐ protection. National government exercises police power through the legislative department (delegated to local governments). Bill of Rights civil and political rights. Can be appeased in the absence of implementing legislation. Social Justice social and economic rights; requires implementing legislation.
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**Acebedo Optical case: LG may regulate business but may not engage in the licensing or regulation of professions. **MMDA Case: Police power in Metro Manila is exercised by the cities and municipalities. MMDA is an executive authority and has no police power. • The state may prohibit gambling and make violation a criminal offense. But gambling per se is not immoral. It can also order the closure of commercial blood banks since it is a valid exercise of police power to protect public health.
Protected Rights; Life. Right to Live • Protection of the right to be