BILL OF RIGHTS CASE DOCTRINES
POLICE POWER, EMINENT DOMAIN AND TAXATION
City of Manila v. Laguio - closing down houses of sin or of ill-repute – Local government units exercise police power through their respective legislative bodies. Their power however is subordinate to the
certain constitutional limitations. (related topics: procedural and substantive due process, equal protection of the laws, deprivation of property)
Moday v. CA – expropriation of one hectare of land – eminent domain – government’s right to appropriate, in the nature of compulsory sale to the state, private property for public use. Inheresnt
possessed by the national legislature, it may be validly delegated to local governments.
Roxas and Co. Inc. v. CA – application of the Comprehensive Agrarian Reform Law – the implementation of the CARL is an exercise of the State’s police power and the power of eminent domain – to the extent that the CARL prescribes retention limits to the landowners, there is an exercise of police power for the regulation of private property but where, to carry out such regulation, the owners are deprived of their own lands they own in excess of the maximum area ed, there is taking
under the power of eminent domain (related topic: due process – this must be observed in the exercise of the police power and eminent domain)
LTO v. Butuan – registration of tricycles – LGU’s under the Local Government Code now have the power to regulate the operation of tricycles for hire and grant franchises thereof but they are still subject
to the guidelines prescribed by the DOTC. To regulate means to fix, establish or control, to adjust by rule, method or established mode. Taxation – the power of the government to raise revenue in order to
support its existence and carry out legislative objectives
St. Luke’s Employee’s Association v. NLRC – radiologic technology – while the right of the workers to security of tenure is guaranteed by the constitution, its exercise may be reasonably regulated pursuant to the police power of the state to safeguard health, morals, peace, education et. al. The regulation is a reasonable method of the protecting the public from the incompetence and ignorance among those
who would practice such technology.
United BF Homeownes’ v. City Mayor of Paranaque – reclassification from residential to commercial areas – the city council has the power to enact ordinances for the general welfare of the municipality
or its inhabitants. Contractual restrictions on the use of property could not prevail over the reasonable exercise of police power
by CDR
