1.

) Requisite of Judicial Inquiry (4 requisites)

1. There must be an actual case or controversy
a. Actual Case or Controversy conflict of legal rights, assertion of opposite legal claims
susceptible of judicial resolution, must not be moot or academic or based on extra-
legal or other similar considerations not cognizable by a court of justice.

2. The question of constitutionality must be raised by the proper party

a. Proper Party one who has sustained or is in immediate danger sustaining an injury as a
result of the act complained of (locus standi who has personal and substantial
interest in a case). Cannot raise constitutionality until actual or potential injury is
established. (SICI vs Cuenca)
3. The question of constitutionality must be raised at the earliest possible opportunity
(Gen.Rule)
(if not raised in the pleadings, it cannot be considered at the trial, it cannot be considered on
appeal)
Exemptions
a. In Criminal Cases, can raised any time, discretion of the court
b. In Civil Cases, can be raised at any stage if necessary to determination of the case
itself.
c. In Every Case, except where there is estoppels, maybe raised at any stage if involves
jurisdiction of the court.
4. The issue of constitutionality must be very the lis mota of the case (cause of the suit or
action)
a. As a rule, the courts will not resolve the constitutionality of a law, if the controversy can be
settled on other grounds.
b. The policy of the courts is to avoid ruling on constitutional questions and to presume that the
acts of the political departments are valid (respect to separation of powers), absent a clear
and unmistakable showing to the contrary.

2.) Test of Police Power

YNOT vs IAC
In order that a measure or law may be justified under the police power of the state, it must meet
two (2) tests:
a. THE SUBJECT MUST BE LAWFUL
b. THE MEANS EMPLOYED IS LAWFUL

Since the prohibition of the slaughtering of carabaos except where they are at least 7 years old
when male and at least 11 years old when female is in furtherance of the public interest since
said carabaos are very useful to the work at the farm, it is conceded that the Executive Order
meets the first test- it has LAWFUL SUBJECT

The Executive Order is, therefore, invalid and unconstitutional and not a valid police power
measure because the METHOD EMPLOYED TO CONSERVE CARABAOS IS NOT REASONABLY
NECESSARY TO THE PURPOSE OF THE LAW AND, WORSE IS UNDULY OPPRESSIVE. DUE PROCESS
IS VIOLATED BECAUSE THE OWNER OF THE PROPERTY CONFISCATED IS DENIED THE RIGHT TO
BE HEARD IN HIS DEFENSE AND IS IMMEDIATELY CONDEMNED AND PUNISHED. THE
CONFERMENT ON THE ADMINISTRATIVE AUTHORITIES (like the police) OF THE POWER TO
ADJUDGE THE GUILT OF THE SUPPOSED OFFENDER IS A CLEAR ENCROACHMENT OF JUDICIAL
FUNCTIONS AND MILITATES AGAINST THE DOCTRINE OF SEPARATIION OF POWERS.

3.) Requisite in Taking Imminent Domain (5 requisites)

The Power of Eminent domain is the inherent right of the State to condemn or to take private property for
public use upon payment of just compensation while Police power is the power of the state to promote public
welfare by restraining and regulating the use of liberty and property without compensation.
 a. The expropriator must enter a private property;
b. The entrance into a private property must be for more than a momentary period;
c. The entry into the property should be under warrant or color of legal authority;
d. The property must be devoted to a public use or otherwise informally appropriated or injuriously affected; and
e. The utilization of the property for public use must be in such a way as to oust the owner and
deprive him of all beneficial enjoyment of the property

4.) Tax Exemptions (Sec.28, par. 3, Articl VI of The 1987 Constitution)

Charitable Institutions, churches and parsonages or convents appurtenant thereto, mosques, non-
profit cemeteries, and all lands, buildings, and improvements, actually, directly, and exclusively used for
religious, charitable, or educational purposes shall be exempt from taxation.

5.) Requisites of Valid Classifications (4 requisites-quinto v comelec)

In order that there can be valid classification so that a discriminatory governmental act may pass
the constitutional norm of equal protection, it is necessary that the four (4) requisites of valid
classification be complied with, namely:

a. It must be based upon substantial distinctions;

b. It must be germane to the purposes of the law;
c. It must not be limited to existing conditions only; and
d. It must apply equally to all members of the class.

6.) Requisites of Valid warrants

a. It must be issued upon probable cause;

b. Probable cause must be determined personally by the judge;
c. Such judge must examine under oath or affirmation the complainant and the witnesses he may
produce; and
d. The warrant must particularly describe the place to be searched and the persons or things to be
seized.

Valid Warrantless Arrest

(a) In flagrante delicto arrest. When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense;
(b) Hot pursuit. When an offense, has in fact just been committed, and he has personal knowledge of facts
indicating that the person to be arrested has committed it; and
(c) Arrest of escaped prisoners. When the person to be arrested is a prisoner who has escaped from a
penal establishment of place where he is serving final judgment or temporarily confined while his case is
pending, or has escaped while being transferred from one confinement to another.

7.) Limitations of Liberty of Abode and Travel (Gen. Rule, shall not be impaired) Exemptions
as follows:

a) The Liberty of abode may be impaired or denied upon lawful order of the court.
b) The Liberty of travel can be limited or denied on the ground of interest of national security,
public safety, or public health, as may be provided by law

8.) Separation of Church and the State

9.) Meaning of non-establishment of religion clause

It simply means that the State cannot set up a church; nor pass laws which aids one religion; aid
all religion, or prefer one religion over another nor force nor influence a person to go to or remain away
from church against his will; or force him to profess a belief or disbelief; that the State cannot openly or
secretly participate in the affairs of any religious organization or group and vice versa (EVERSON VS.
BOARD OF EDUCATION)

10.) Freedom to believe and Freedom to act on ones belief (differentiate)

Freedom to believe is absolute as long as the belief is confined within the realm of thought, while
freedom to act on ones belief is subject to regulation where the belief is translated into external acts that
affect the public welfare (J. Cruz Constitutinal Law)

11.) Prohibitions against religious test

This means that the State may not appeal to religious faith or religious dogma as a means of adjudging
the moral, ethical and legal worthiness of any particular citizen or group of citizens to exercise rights and
privileges to be enjoyed by everyone under the Constitution.

12.) Elements of Freedom of Expression

is prescribed by law;
is necessary and proportionate; and
pursues a legitimate aim, namely:

o the interests of national security, territorial integrity or public safety;

o the prevention of disorder or crime;
o the protection of health or morals;
o the protection of the reputation or rights of others;
o preventing the disclosure of information received in confidence; or
o maintaining the authority and impartiality of the judiciary.

13.)