Public Morals v. Property rights and Right to privacy.
standard was created known as the immediate
Ermita Malate Hotel and Motel Operations Assoc.
assails
the constitutionality of Ordinance No. 4760. The
mantle of
protection associated with the due process guaranty
does
not cover petitioners. This particular manifestation of a
police power measure being specifically aimed to
safeguard public morals is immune from such
imputation
of nullity resting purely on conjecture and unsupported
by
anything of substance There is no question that the
challenged ordinance was precisely enacted to
minimize
certain practices hurtful to public morals. [Ermita-
Malate
Motel and Motel Operators Assn. v. City Mayor of
Manila
(1967)]
The case of White Light v. City of Manila dealt with the
ordinance that prohibits two practices: the wash-up
rate
admission and renting out a room more than twice per
day.
This case churned out three standards for judicial
review:
the strict scrutiny test for laws dealing with freedom of
the
mind and curtailment of political process and the
rational
basis standard of review for economic legislation. A
third
scrutiny for
evaluating standards based on gender and legitimacy.
The SC applied strict scrutiny because the ordinance
restricts patrons right to liberty. Legitimate sexual
behavior, which is constitutionally protected, will be
unduly
curtailed by the ordinance. Apart from the right to
privacy,
the ordinance also proscribes other legitimate
activities
most of which are grounded on the convenience of
having
a place to stay during the short intervals between
travels.
[White Light Corporation, et al v. City of Manila (2009)]
EMINENT DOMAIN
Definition and Scope
The power of eminent domain is the inherent right of
the
State to condemn private property to public use upon
payment of just compensation. It is also known as the
power of expropriation.
Who may exercise the power?
Congress and, by delegation, the President,
administrative
bodies, local government units, and even private
enterprises performing public services may exercise
the
power of eminent domain.
Application
When is there taking in the constitutional case?
When the owner is deprived of his proprietary rights
there
is taking of private property. It may include (1) fundamental civil and political rights. It also
diminution imposessafeguards against violations by the
in value; (2) prevention of ordinary use; (3) deprivation government,
of by individuals, or by groups of individuals.
beneficial use. The Bill of Rights governs the relationship between
the
TAXATION individual and the state. Its concern is not the relation
Definition and Scope between individuals, between a private individual and
It is the enforced proportional contributions from other individuals. What the Bill of Rights does is to
persons declare
and property, levied by the State by virtue of its some forbidden zones in the private sphere
sovereignty, for the support of the government and for inaccessible to
all any power holder. (Sponsorship Speech of
public needs. Commissioner
It is as broad as the purpose for which it is given. Bernas, Record of the Constitutional Commission, Vol.
Purpose: 1, p.
(1) To raise revenue 674; July 17, 1986; Emphasis supplied) [People v. Marti
(2) Tool for regulation (1991)]
(3) Protection/power to keep alive
ACCOUNTABILITY
Sec. 2, Art. III shall apply only against law officials or
people working as agents of government concerned
about
Private Acts and the Bill of being able to procure evidence. [People v. Marti
Rights (1991)]
IN GENERAL
It is a declaration and enumeration of a person's