CONSTITUTIONAL

LAW 2

THE POLICE POWER
Based on the 2007 Edition of Constitutional Law 2 by Isagani Cruz

DEFINITION AND SCOPE May not be bargained away through a

contract or even a treaty.
Professor Freund definition: Promotes The impairment clause must yield to the
the public welfare by restraining and police power whenever the contract
regulating the use of liberty and deals with a subject affecting the public
property. welfare.
Stone v. Mississippi (Lottery franchise
COMPARISON OF THE 3 POWERS case): No Legislature can bargain away
the public health or the public morals.
POLICE EMINENT TAXATION The supervision of both these subjects
POWER DOMAIN
of governmental power is continuing in
Property AND Property Property
Liberty its nature, and they are to be dealt with
Virtually all Only those Imposed on as the special exigencies of the moment
people are whose MOST people; require; The contracts which the
affected; property is demands only Constitution protects are those that
Infinitely needed for part of their relate to property rights, not
more conversion to money as
important public use their
governmental; These franchises
than eminent contribution acquired by the people are, in legal
domain and of effect, nothing more than a license to
taxation government continue on the terms named for
upkeep. specified time, unless sooner abrogated
by the sovereign power of the state. It is
CHARACTERISTICS a permit, good as against existing laws,
but subject to future legislative and
MOST pervasive constitutional control or withdrawal
LEAST limitable (Lottery is a species of gambling, and
MOST demanding wrong in their influences. They disturb
May be exercised as long as the activity the checks and balances of a well-
or the property sought to be regulated ordered community)
has some relevance to the public Ichong v. Hernandez (Retail Trade
welfare. Nationalization Law case): A treaty is
Justifications (subordination of always subject to qualification or
individual benefit to the interest of the amendment by a subsequent law and
greater number): the same may never curtail or restrict
o Salus Populi Est Suprema Lex: the scope of the police power of the
The welfare of the people shall State.
be the supreme law. Police power is dynamic, not static.
o Sic utere tuo ut alienum non Conditions change, circumstances vary;
laedas: Use your own property and to every such alteration the police
in such a way that you do not power must conform.
injure other peoples rights.
 CONSTITUTIONAL LAW 2

THE POLICE POWER
Based on the 2007 Edition of Constitutional Law 2 by Isagani Cruz

Once exercised, it is not deemed EXERCISE OF THE POLICE POWER

exhausted and may be exercised again
and again. Primarily by the national legislature.
Tax as an implement of Police Power. By virtue of a valid delegation:
o Powell v. Pennsylvania o President
(Margarine case): Production of o Administrative Boards
margarine was made in an o Lawmaking bodies on all
unsanitary manner to the municipal levels
prejudice of the consumers (including barangay)
therefore the State imposed Municipal governments exercise this
exorbitant taxes making it under the general welfare clause (Sec.
unprofitable for the industry to 2238, Revised Admin. Code) pursuant to
continue without incurring loss. which they are authorized to:
o Lutz v. Araneta (Sugar o Enact such ordinances
Adjustment Act case): The and issue such
additional tax imposed on regulations as may be
manufacturing sugar was for the necessary to carry out
stabilization of the sugar and discharge the
industry, based on the demand responsibilities conferred
of general welfare, which was upon it by law.
one of the great industries of the o To provide health, safety,
country. This is primarily an comfort and
exercise of police power and convenience.
taxation was merely an o Maintain peace and
implement to the states police order.
power. o Improve public morals.
Power of Eminent Domain as an o Promote prosperity and
implement of Police Power. general welfare of the
o Association of Small Landowners municipality and
v. Secretary of Agrarian Reform inhabitants thereof.
(Comprehensive Agrarian o Insure the protection of
Reform Law case): The property therein.
expropriation of the excess of
the maximum area allowed by General welfare clause defined: A
law was a valid exercise of police provision in a municipal charter
power through eminent domain whereby a municipal corporation, by
for the promotion of the welfare virtue of its police power, may adopt
of landless farmers. There must ordinances to secure the peace, safety,
be just compensation for there is health, morals and the best and highest
compensable taking. interest of the entity. (Case v. Board of
Health)

 CONSTITUTIONAL LAW 2

THE POLICE POWER
Based on the 2007 Edition of Constitutional Law 2 by Isagani Cruz

legislature to decide. The

Exclusive legislative discretion: courts do not sit to
o Exercise of police power. resolve merits of
o To decide whether they should conflicting theories.
act against a problem.
If they do: eh di okay. TESTS OF THE POLICE POWER
If they dont: may not be
compelled by judicial If the measures chosen are intrinsically
process. (Mandamus is invalid, courts have the right and
not a remedy) obligation to declare them so.
The only remedy
against legislative 1. The interests of the public generally, as
inaction is a resort to the distinguished from those of a particular
bar of public opinion, a class, require the exercise of the police
refusal of the electorate power (LAWFUL SUBJECT); and
to return to the 2. The means employed are reasonably
legislature members, necessary for the accomplishment of
who in their view, have the purpose and not unduly oppressive
been remiss in the upon individuals. (LAWFUL MEANS)
discharge of their duties
(I assume this means LAWFUL SUBJECT
dont vote for them lol) (Welfare of the people is the supreme law)
o If the legislature decides to act,
the choices of measures or The subject of the measure is within the
remedies lie exclusively within its scope of the police power.
discretion. Once determined, the Activity or property sought to be
remedy cannot be attacked on regulated affects public welfare.
the grounds of it not being the OBJECT: Public welfare; SUBJECT OF
best suggested solution, lack of REGULATION must be related to the
wisdom, impracticality, object; then it is a lawful subject.
inefficacy or immorality. Taxicab Operators of Metro Manila v.
(Political question po ito) Board of Transportation (Old taxis case):
o To ascertain facts on which the Taxicabs more than 6 years old must be
power is based. Whatever it phased out as a police measure to
decides is conclusive on the protect the public and promote their
courts. comfort and convenience.
If there is probable basis Velasco v. Villegas (Barbers and
for sustaining the massage case): The ordinance
conclusion, its findings preventing barber shops to massage
are not subject to judicial clients in a separate room prevents
review. Debatable immorality and enables the authorities
questions are for the to properly assess license fees.
 CONSTITUTIONAL LAW 2

THE POLICE POWER
Based on the 2007 Edition of Constitutional Law 2 by Isagani Cruz

Bautista v. Junio (Trucks case): Telecommunications and Broadcast

Prohibition of heavy and extra-heavy Attorneys of the Philippines v. COMELEC
vehicles to use public streets on a (Free air time case): Sec. 92 of BP Blg.
weekend is for energy conservation 881 (Omnibus Election Code of the
purposes. Philippines) is constitutional for radio
Tio v. Videogram Regulatory Board and television broadcasting companies
(Valerie case lol): The creation of the do not own the airwaves and
VRB was to regulate the video industry frequencies transmitted by them. They
due to rampant piracy, violation of are merely given temporary privilege of
intellectual property and proliferation of use. Since it is a privilege, the exercise
pornographic video tapes. thereof may be reasonably burdened
Lozano v. Martinez (BP 22 case): The with the performance by the grantee of
Bouncing Checks Law is constitutional some form of public service.
because worthless checks transcends Those that have no bearing whatever
private interests of parties directly upon public welfare are not within the
involved in the transaction and can reach of police power.
pollute the channels of trade and Ople v. Torres (National Computerized
commerce and injure the banking Identification Reference System case):
system and eventually hurt the welfare A.O. 308 is an invalid police measure for
of society and public interest. it pressures the people to surrender
Department of Education v. San Diego their privacy by giving information
(NMAT case): Right to quality education about themselves on the pretext that it
cannot be invoked by the respondent will facilitate the delivery of basic
because the regulation issued by services. (Petitioner believe this is a
petitioner is a valid exercise of police sinister attempt of the government to
power because persons who fail to control its citizens by intruding into their
qualify may be a menace to his patients right of privacy)
and the State has the responsibility to
harness its human resources and to see LAWFUL MEANS
to it that they are not dissipated or, no
less worse, not used at all. The Must concur with lawful subject. Lack of
resources must be applied in a manner one, police measure will be struck
that will best promote the common down.
good while also giving the individual a The lawful objective must be pursued
sense of satisfaction. with a lawful method. Both the end and
Sangalang v. Intermediate Appellate means must be legitimate.
Court: Opening 2 private roads in Bel Air Ynot v. Intermediate Appellate Court
Village and their availability to the (Carabao and carabeef case): Prevention
general public under certain conditions of the indiscriminate slaughter of (live)
is valid for the purposes of traffic carabao is a valid subject but the
decongestion and public convenience. prohibition of the interprovincial
transport of carabaos to achieve such
 CONSTITUTIONAL LAW 2

THE POLICE POWER
Based on the 2007 Edition of Constitutional Law 2 by Isagani Cruz

subject is questioned by the court. They individual liberty and property rights or
can be killed anywhere so retaining worse, bludgeon for oppression.
them in one place cannot prevent their The corruption of police power will lead
killing in another. As for the carabeef to the decay of democracy itself.
(dead meat), as the court stated,
there is no reason to prohibit their -------------NOTHING FOLLOWS--------------
transfer since they are already dead.
Example 1: Rape. The punishment is life
imprisonment to death (which is now
amended limiting the punishment to
imprisonment). There is equivalence in
the offense and penalty. If, for example,
the penalty becomes castration of the
rapist, valid? It is not because of the
guaranty by the due process of law to
respect the integrity of the persons
body.
Example 2: Community Cleanliness. An
ordinance may be enacted requiring
litter to be deposited in trash bins and
non-compliance will induce punishment.
Such ordinance, however, will become
invalid if it prohibits, for example,
distribution of bills in public places in
the belief that people will scatter them
on the streets after viewing. Invalidity is
due to the violation of the distributors
rights to articulate and disseminate
ideas as guaranteed under the freedom
of expression clause in the Constitution.
Means employed must pass the test of
reasonableness so as to conform with
the Bill of Rights for the protection of
private rights. Failing this, the law will
be annulled for violation of the second
requirement.

INTEGRITY OF POLICE POWER

Non-compliance with the 2 requisites is
tantamount to unwarranted intrusion of