This document outlines the requisites of a judicial inquiry and discusses several key concepts in constitutional law, including:
1. It lists the requisites for a judicial inquiry as an actual case or controversy, proper party, earliest opportunity, and necessity of deciding constitutional questions.
2. It discusses the concepts of unconstitutionality, partial unconstitutionality, and the operative fact doctrine.
3. It examines the fundamental powers of the state, including police power and the tests used to determine if a power is a lawful exercise of police power.
4. Additional concepts discussed include eminent domain, taxation, due process, equal protection, and nuisance law.
This document outlines the requisites of a judicial inquiry and discusses several key concepts in constitutional law, including:
1. It lists the requisites for a judicial inquiry as an actual case or controversy, proper party, earliest opportunity, and necessity of deciding constitutional questions.
2. It discusses the concepts of unconstitutionality, partial unconstitutionality, and the operative fact doctrine.
3. It examines the fundamental powers of the state, including police power and the tests used to determine if a power is a lawful exercise of police power.
4. Additional concepts discussed include eminent domain, taxation, due process, equal protection, and nuisance law.
This document outlines the requisites of a judicial inquiry and discusses several key concepts in constitutional law, including:
1. It lists the requisites for a judicial inquiry as an actual case or controversy, proper party, earliest opportunity, and necessity of deciding constitutional questions.
2. It discusses the concepts of unconstitutionality, partial unconstitutionality, and the operative fact doctrine.
3. It examines the fundamental powers of the state, including police power and the tests used to determine if a power is a lawful exercise of police power.
4. Additional concepts discussed include eminent domain, taxation, due process, equal protection, and nuisance law.
1. Actual case or controversy a. Moot and academic principle, David v. Macapagal-Arroyo May 3, 2006 2. Proper party a. Oposa v. Factoran 224 SCRA 792 #1 b. Taxpayers suit; Mamba v. Lara December 14, 2009 #2 c. Transcendental importance; Senate v. Ermita July 3 2007 3. Earliest opportunity 4. Necessity of deciding constitutional questions Unconstitutionality Operative fact doctrine 1. Planters v. Fertphil Corporation March 14, 2005 2. LCP v. COMELEC August 24, 2010 Partial unconstitutionality 1. Macalintal v. COMELEC 405 SCRA 614 2. Flores v. COMELEC 184 SCRA 484 Fundamental Powers of the State Similarities/ Differences/ Limitations Police Power Tests of Police Power a. Lawful subject i. Taxicab Operators v. BOT 119 SCRA 597 #2 ii. Lozano v. Martinez 146 SCRA 323 iii. Tio v. VRB 151 SCRA 208 #3 iv. Ople v. Torres 293 SCRA 141 v. KMU v. Director General of NEDA April 19 2006 b. Lawful means White Light Corporation v. City of Manila 576 SCRA 416 DIsini v. Executive Secretary February 18 2014 i. Strict scrutiny ii. Rational basis standard iii. Heightened or immediate scrutiny iv. Overbreadth doctrine v. Void for vagueness doctrine 2|LM 56A
Imbong v. Ochoa April 8 2014
vi. Facial Challenge
Eminent Domain Who may exercise? ; Destruction v. Necessity ; Necessity of Exercise Taking; Requisites of taking: Republic v. Castelvi 58 SCRA 336 #4 Public use; Just Compensation Knecht v. CA 297 SCRA 754 Taxation Lung Center of the Philippines v. QC June 29 2004 #5
Due Process of Law
Substantive Due Process Ichong v. Hernandez 101 Phil 1155 Procedural Due Process Judicial Due Process A. Impartial Court a. Javier v. COMELEC 144 SCRA 194 B. Jurisdiction C. Hearing Nuisance per se v. nuisance per accidens Gancayco v. City Government of Quezon City October 11, 2011 D. Judgment Equal Protection Classification; requirements a. Substantial Distinctions PASE v. Drilon 163 SCRA 386; ISAE v. Quisumbing 333 SCRA 13 #6 DECS v. San Diego 180 SCRA 533 #7; Quinto v. Comelec February 22, 2010; Appointive v. Elected ; Biraogo v. PTC December 10 2010 #8 b. Relevance to purposes of law c. Duration d. Applicability of all