Professional Documents
Culture Documents
PRELIMS
The Fundamental Powers of the State and the Bill of Rights
Fundamental Powers:
Eminent domain
Taxation
Police power
power
The state need these powers to exist and function
Eminent Domain
affected
Utilization of property must be in such a way as to
oust the owner and deprive him of beneficial
Congress
Valid Delegation:
public purposes
Taxes
Sales tax
Documentary stamp tax
Makati (Local government tax)
Property tax
Estate tax (inheritance tax)
Exceptions:
QC yun
Progressive System the higher the income, the
higher the tax
Purposes of Taxation:
the people
You tax people for the benefit of the general public
Congress
Valid delegations: (1) President (2) Administrative
Bodies (3) LGUs
individual
See People v. Domatay (umamin sa abscbn reporter so he
cannot be protected by the law)
Constitutional Provision
Art. 3 Sec. 1 No person shall be deprived of life,
liberty and property without due process of law
Characterization:
Kinds of Rights:
Natural Rights those rights that belong to man; right to live
(you dont need a law)
Bill of Rights
Bill of Rights exists to limit the exercise of governmental
powers
Police Power
Kinds of Cases:
(1) Civil Case usually money or property, annulment,
ejectment, specific performance
(2) Criminal Case once you violate the penal law
a)
Judicial
Administrative
b)
arbitrariness
it inquires whether the government has sufficient
court
Jurisdiction over the issues
property
determined by law
example: ejectment (1st level courts)
Types of Jurisdiction
Jurisdiction over the subject matter
Jurisdiction over the accused can be obtained
processes
Jurisdiction over the territory kung saan nangyari
ang crime
kamag-anak,
ancestors,
asawa,
descendants
(2) Infanticide bata not more than 3 days old
(3) Murder aggravating circumstances, planadong pagpatay
(4) Homicide wala lang, pinatay mo lang siya
(5) Death by Tumultuous Affray
Due Process Clause
Judicial Due Process
a)
b)
an impartial tribunal
jurisdiction that is lawfully acquired
f)
presented
the tribunal must act on its own independent
consideration of the law and facts and not merely
g)
rather
than
substantial
governmental
decision rendered
governmental
Criminal Case
a)
b)
against
b.
1.
2.
Special Laws
Shield Law
b.
c.
allowed
Balancing of Interest Test which of the two
conflicting interests demand greater protection under
Copyright
of public order
and the regulation results in an indirect, conditional
the work
The holder of the copyright can authorize or prevent:
1.
2.
3.
4.
groupings, classes
Germane to the purpose of the law
Not limited to existing condition
Apply equally to all members of the same class
*germane relevant
future
the distinction must not be temporary
2.
3.
4.
5.
or adaptation)
First public distribution of the original and first copy
Rental Rights
Public display of the original or copy
Copyright/Economic Right
Elements:
1.
d.
promote
the
creators
personal
and
economic gain;
Social Function of Copyright
2 objectives:
Copyright
deposit
Registration and deposit of 2 complete copies of the
work with the National Library within 3 weeks at first
public dissemination/performance of the work is just to
avoid penalty, for non-compliance and in order to
recover damages in an infringement suit (P.D. 49 is
amended)
Deposit is not being required for the existence of the
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
creation.
Registration
It is comprised of:
of
Copyrights:
National
Tradenames
Library
or
Intellectual
1.
Property
inventions,
utility
models,
industrial designs
a. patent
b. trademarks
c. tradenames
d. service marks
Industrial
2.
Copyright
Laws on Copyright
Natl Library
SC Library
including
multiple
copies
for
classroom
use,
Administrative/Judicial IPO
infringement of copyright.
Decompilation
non-profit educational
Nature of copyrighted work
The amount and substantiality of the portion used
The effect of the use upon the potential market for or
Freedom of Expression
1. press
2. speech
3. right to assembly
4. right to petition
Why is it guaranteed?
1.
Permit
Grant
3 days granted
Deny must have: (1) reasons (2) clear and present
danger rule (3) alternative place
Exceptions:
2.
FINALS PERIOD
3.
Libel
(try to memorize huhu)
person
Limitations:
1.
Prior Restraint
2.
Subsequent Punishment
Exceptions:
In times of war
Requirement of decency
Obscene and Nude expression
Defamatory words (libelous)
Fighting words
Speech
and property.
The law recognizes the value of such reputation and
imposes upon him who attacks it, by slanderous
words or libelous publication, the liability to make full
compensation for the damages done
ELEMENTS OF LIBEL/DEFAMATION:
1.
2.
3.
4.
circumstance
the imputation must be made publicly (publication)
that it must be malicious (malice)
that the imputation must be directed at a natural or
5.