2013 CONSTITUTIONAL LAW 2 | ARELLANO UNIVERSITY SCHOOL OF LAW Notes By: ENGR. JESSIE A. SALVADOR,MPICE https://engrjhez.wordpress.com Page 1 Reference: Lectures of/ Cases from ATTY. BONG LOPEZ Constitutional Law by Bernas and De Leon Concept and Origin of the Bill of Rights Life – pursuit of happiness Liberty – (freedom is broader) Property – right to own and disown Main Classification 1. Natural Right – inherent rights (ex. human rights) 2. Constitutional Right – to guarantee rights arbitrary intrusion by the government 3. Statutory Right – to enable the provisions of the constitution (ex. overtime pay) Classification According to Purpose 1. Civil Rights 2. Political Rights 3. Social Rights – associated with other rights 4. Economic Rights – to survive 5. Cultural Rights * customs Doctrine of Preferred Freedom (Hierarchy of Rights) PBM Employees Org. v. PBM Co., Inc., 51 SCRA 189 (1973) In the hierarchy of civil liberties, the rights of free expression and of assembly occupy a preferred position as they are essential to the preservation and vitality of our civil and political institutions; The superiority of these freedoms over property rights is underscored by the fact that a mere reasonable or rational relation between the means employed by the law and its object or purpose — that the law is neither arbitrary nor discriminatory nor oppressive — would suffice to validate a law which restricts or impairs property rights. POLICE POWER     Definition * Power of promoting public welfare by restraining and regulating the use of liberty and property. * Most essential, insistent and less limitable of powers, extending as it does to all the great public needs. Scope/Characteristics  It cannot be bargained away through the medium of treaty /contract  Taxing power may be used to implement police power  Eminent domain may also be used to implement or attain police power  Non*impairment of contracts or vested rights will have to yield to superior and legitimate exercise of police power  Exercise of profession may be regulated by the state to safeguard health, morals, peace, education, order, safety and several welfare of the people Basis      (welfare of the people is the supreme law)        (so as to use your property so as not to impair/injure another) Who exercises said power? Legislative branch Executive branch, upon valid delegation Balacuit v. CFI, G.R. No. L=38429, June 30, 1988 [A]s to the question of the subject ordinance (selling admission tickets to children 7*12 years old to full payment but should charge only ½ the price) being a valid exercise of police power, the same must be resolved in the negative. While it is true that a business may be regulated, it is equally true that such regulation must be within the bounds of reason, that is, the regulatory ordinance must be reasonable, and its provisions cannot be oppressive amounting to an arbitrary interference with the business or calling subject of regulation.