Download Constitutional Law Prelims Reviewer PDF

TitleConstitutional Law Prelims Reviewer
TagsConstitution Eminent Domain Property Taxes Police Power (United States Constitutional Law)
File Size427.6 KB
Total Pages24
Document Text Contents
Page 1

CONSTITUTIONAL LAW


1. What is the purpose of the Constitutional Law
book by Justice Cruz, according to him?
- To inform the reader of the liberties he enjoys

under the Bill of Rights and, by reminding him in
Rizal’s words that “he who submits to tyranny
loves it,” encourage him to assert and defend
them when they are threatened or violated.


2. What is the true role of authority in a democratic

society?
- The exaltation of liberty


3. What is constitutional law?
- Constitutional law is the study of the

maintenance of the proper balance between
authority as represented by the three
inherent powers of the State and liberty as
guaranteed by the Bill of Rights.


4. What are the fundamental powers of the state?
- Police power, Power of Eminent Domain, Power

of Taxation

Page 2

5. Name some of the safeguards in the Bill of
Rights?
- The right to due process and equal protection,
- the prohibition against unreasonable searches

and seizures,
- freedom of expression,
- the impairment clause
- the guarantees against injustice to the accused.


6. What are to common objectives and ultimate

goal of the Powers of the State and the Bill of
Right?
- Co-existence is the common objective and a

well-ordered society based on the inviolability of
rights which although they may not be curtailed
arbitrarily, may nevertheless be regulated for the
common good is the ultimate goal.


7. What is the meaning of common weal?
- A general state of well-being, prosperity,

happiness


8. What is the definition of constitution?
- According to Cooley: A body of rules and

maxims in accordance with which the
powers of sovereignty are habitually
exercised.

Page 12

b) in civil cases, the constitutional question can be
raised at any stage if it is necessary to the
determination of the case itself

c) in every case, except where there is estoppels, the
constitutional question can be raised at any stage if
it involves the jurisdiction of the court


27. What are the effects of a declaration by the SC
that a particular law is unconstitutional?

Orthodox view: an unconstitutional act is not a law, it
confers no rights, it imposes no duties, it affords no
protection, it creates no office, it is in legal
contemplation, inoperative, as if it had not been
passed.

Modern View: the court in passing upon the question
of constitutionality does not annul or repeal the statute
if it finds it in conflict with the Constitution. It simply
refuses to recognize it and determines the rights of
the parties just as if such statute had no existence.

Page 13

28. What are the fundamental powers of the State?
Briefly explain each and explain what are their
similarities, differences and limitations.

Police Power: power of the State to regulate liberty
and property for the promotion of the general welfare.

Power of Eminent Domain: enables the State to
forcibly acquire private property upon payment of just
compensation for some intended public use.

Power of Taxation: the State is able to demand from
the members of the society their proportionate share
or contribution in the maintenance of the government.

Similarities:
a. they are inherent in the State and may be

exercised by without need of express constitutional
grant

b. they are not only necessary but indispensable.
c. They are methods by which the State interferes

with private rights
d. They all presuppose an equivalent compensation

for the private rights interfered with
e. They are exercised primarily by the legislature

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50. What is just compensation?

Just Compensation is described as a full and

fair equivalent of the property taken from the
private owner by the expropriator.



51. How is just compensation ascertained?
Explain.


To ascertain just compensation, the court
should determine first the actual or basic value of
the property. Where the entire property is not
expropriated, there should be added to the basic
value the owner’s consequential damages after
deducting therefrom the consequential benefits
arising from the expropriation. If the consequential
benefits exceed the consequential damages, these
items should be disregarded altogether as the
basic value of the property should be paid in every
case.


52. When can the title of the property expropriated
be transferred?


The title to the property shall not be
transferred until after actual payment of just
compensation is made to the owner.

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53. What are taxes?


Taxes are the enforced proportional

contributions from persons and property, levied by
the State by virtue of its sovereignty, for the
support of government and for all public needs.


54. What is the bases for taxation?


The importance of taxation derives from the

unavoidable obligation of the government to protect
thepeople and extend them benefits in the form of
public projects and services. It is duty imposed
upon the individual by the mere fact of his
membership in the body politic and his enjoyment
of the benefits available from such membership.


55. Distinguish taxes from licenses?


Taxes are levied to raise revenues whereas

licenses are imposed for regulatory purposes only.
Licenses are justified under the police power, and
the amount of the fees required is usually limited
only to the cost of the regulation.

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