M1 - Police Power Flashcards
Justification/component of police power. 2 latin terms
salus populi est suprema lex
sic utere tuo ut alienum non laedas (use your property in a way that doesn’t injure another) in order to promote public welfare
illustrate by way of a case how Police Power supercedes contracts
Stone v. Mississippi (contracts)
where a contract permitted person to sell lottery tickets for a period of 25 years but at the 3rd year, all forms of gambling were prohibited.
Persons argued it does not apply to them because it was in their contract. SC ruled that Constitution protects contracts related to property rights not governmental
Illustrate through a case how Police Power can impair treaties
Ichong v. Hernandez
Petitioner sought to enjoin the Retail Trade Nationalization inconsistent with the treaty of amity between Philippines & China
SC saw no conflict but assuming there was, “treaty is always subject to qualification or amendment by a subsequent law.”
Cite a case where Taxation is used as a form of Police Power
Powell v. Pennsylvania - Unprofitable Margarine exorbitant tax
Lutz v. Araneta - special tax on sugar producers to create a fund for rehabilitation of the sugar industry
Cigarettes have higher tax
Cite a case where Eminent Domain is used as a form of Police Power
Association of Small Landowners v. Sec. of Agrarian Reform - SC ruled the constitutionality of the CARL that the power of eminent domain could be used as police power (promote welfare of farmers)
police power is primarily lodged in the legislative. By virtue of valid delegation of legislative power, it may also be exercised by:
President
administrative boards
lawmaking bodies on all municipal levels
and barangays
what is public welfare/when can we consider something as public welfare?
When it affects the general public directly and indirectly
To what extent do municipal governments exercise the police power?
exercised under the General Welfare Clause
which authorizes them to issue and enact ordinances necessary to carry responsibilities given to it by law
responsibility is - provide health, safety, comfort, and convenience, maintain peace and order, improve public morals, promote prosperity and that property be protected [hence general welfare clause]
if a mandamus cannot compel the legislative to exercise their police power in a particular problem, what can the people do?
the public can vote someone who aligns more with their values.
lets say the legislative does act but their solution isn’t the best or it is unwise, impractical, inefficacious or even immoral, can the judiciary do something
These are Political Questions and off-limits to the judiciary
In addressing the issue of prostitution, a country has considered three potential remedies: outright prohibition, licensing with appropriate regulation including periodic medical check-ups, and the establishment of a red-light district. The legislature decides to implement the third remedy by establishing a red-light district. Some citizens are dissatisfied with this decision and believe it encourages rather than deters prostitution and is immoral. They decide to challenge this decision in court.
Is the judiciary empowered to review and potentially overturn the legislative decision to establish a red-light district based on the argument that it encourages rather than deters prostitution and is immoral? Why or why not?
No, this is a political question and is off-limits to the judiciary.
the courts are powerless to intervene or compel a more decisive action
allowing so will violate the separation of powers
these political questions can ONLY be decided by the legislative in the exercise of its sound discretion
the ascertainment of facts is a legislative prerogative. let’s say that where one respectable sector of medicine believes that vaccination will prevent sickness A and another group, equally prestigious, does not agree.
if you are the fact-finding body of legislative, who should you choose?
according to Cooley, it would be the first group because as long as there is some evidence or probable basis, then the whatever decision legislative made on the matter, the courts cannot intervene
as long as there is a probable basis for the legislature’s preference for the first view, the courts should not intervene. The legislature, in matters related to public health, has the discretion to rely on the evidence available to them, and if there is some support for their decision, it is not subject to judicial review. Debates or conflicts among experts are considered within the legislative domain, and the courts are not meant to resolve such scientific or factual disagreements.
when is a political question justiciable thereby causing the action of the judiciary?
if legislative enactments are intrinsically invalid or does not conform to the Constitution, it is a justiciable and may be decided by the courts
What is the test then to determine the validity of Police Measures /Legislative enactments
- [LAWFUL SUBJECT] Interest of the public generally required the exercise of the police power distinguished from those of a particular class (not just from a particular class)
- [LAWFUL MEANS] means employed are reasonably necessary for the accomplishment of the purpose and NOT unduly oppressive upon individuals
When is the first test of valid police power complied?
as long as the objective is public welfare and the subject of regulation is related to public welfare or the primacy of welfare of the many over the interest of the few, then it has complied (enjoyment of private rights may be subordinated)
[EX]
vaccinating a person who is exposed to diseases, as he may contaminate his neighbors or permit that person to be addicted to drugs as it affects public morals
In lawful means, the police objective must pass the test of __-
reasonableness and conformity to the Bill of Rights for the protection of private rights
failing this, the law will be annulled for violation of the 2nd requirement
Student A failed the med board thrice and as a rule of law, can no longer take it and enrol in medical school
This act is an act of police power. Is it valid?
Yes, in the case of DoE v. San Diego, the SC ruled that such is a valid exercise of police power.
In 1998, the Commission on Elections (COMELEC) implemented Section 92 of Batas Pambansa Bilang 881 (BP Blg. 881), requiring radio and television stations to allocate free airtime for the broadcasting of information about candidates during the election period. This regulation prompted the Telecommunications and Broadcast Attorneys of the Philippines, representing several broadcasting companies, to file a legal challenge.
The broadcasting companies argued that the provision of free airtime amounted to a taking without due process and just compensation, violating their constitutional rights. They contended that such a requirement went against the equal protection clause and the terms of their broadcasting franchises, which were treated as mere privileges.
in the case of *TCBA v. COMELEC, the SC ruled that it was a valid exercise of police power since a FRANCHISE is considered a mere PRIVILEGE, the Court argued that it could be reasonably burdened with the performance of some form of public service.
a legislative action is lawful in subject but unlawful in means, what is the term for striking it down? and provide example
arbitrary intrusion into private rights
depriving a leper’s liberty by confining him in a leprosarium to avoid contaminating the rest is a valid police power but ordering his execution is arbitrary intrusion to his private right although the same end was achieved
is it a lawful mean that a rapist, instead of penalty of RP-Death, there would be a law passed to castrate rapists?
No. it will surely prevent a repetition of the crime but is a violation to his integrity of his body guaranteed by DUE PROCESS
FEB 2 LEC
FEB 2 LEC
knowledge check: based on international law, what are the requirements for there to be statehood
- people
- territory
- sovereignty (independent of control of other states)
- government
where do the powers of the state come from
concurrently exist as the statehood status exist
no need for constitutional provision
then how about ‘just compensation’.
it does not vest power to the state, but it is an acknowledgement of the state’s power and a protection.
The state of the republic of the Philippines is a JURIDICAL PERSON
What constitutes ‘public welfare’
trying to define it is the problem because it will limit the scope of police power
based on JP, how does it describe (not define) public welfare
- evolving
- affects general public (ichong v fernandez)
- not for individual
how does police power connect with law making?
even if it says legislative power even if it doesn’t say police power. it also effectively vests into congress the police power
s1 art. 6
police power regulates use of liberty & use of property by laws
proper terms : inherently from the state, primarily lodged in Congress.
how do you defend the giving of private agricultural to landless farmers which are a particular class when public welfare is not for specific classes.
how does the person whose land is taken get benefitted in this case?
how do we get benefitted indirectly from this?
how do you defend?
In the case of Small Land Owners v. Sec. of DAR,
there is indirect benefit to us outsiders [land is being tilled and not remain idle]
[which is harmful to the economy of the philippines]
police power has 2 componenets
- promotes public welfare (the general welfare is the supreme law)
- restricts individuals use of invidual’s liberty and property (use your property in such a way that does not damage another)
NOTE: restricting bows down to the general welfare
what are the bodies that congress can delegate police power?
president
LGU
administrative bodies
what are powers of the president insofar as delegated police powers
- emergency power
- set tariffs, wharfage, and duties
- declaration of martial law
[3]
when such is proclaimed, Pres will exercise special kind of police power - (a police power that does NOT REQUIRE law making ability to AFFECT the rights of the individual
, whatever the direction, it affects the rights of the people
special kind of police power
- by proclamation of martial law
- only by president
- not requiring law making
- requires the requisite of police power and its limitation will stil lapply
