Article IIIBill of Rights

Power of Eminent DomainIt is also known as the power of expropriation.Section 9, Art III. Private property shall not be taken for

public use without just compensation. Section 18, Art XII. The State may, in the interest of

national welfare or defense, establish and operate vital industries and, upon payment of just compensation, transfer to public ownership utilities and other private enterprises to be operated by the Government.

Who may exercise the power?

The power is inherently vested in the legislature. However, Congress may validly delegate this power to the President, to administrative bodies, LGUs, and even private enterprises performing public services.

The power of eminent domain must, by enabling law, be delegated to local governments by the national legislature.

1) Necessity

2) Private property

3) Public use

4) Just compensation

Requisites of Eminent Domain

Power of Taxation

It is the method by which enforced proportional contributions are exacted.

A way of apportioning the costs of government among those who in some measure are privileged to enjoy its benefits and must bear its burden.

A “symbiotic” relationship, whereby in exchange for the protection that the citizens get from the government, taxes are paid.

Power of Taxation

Who may exercise PT? Primarily, the legislature, Local legislative bodies:

Section 5, Art. X. Each local government unit shall have the power to create its own sources of revenues and to levy taxes, fees and charges subject to such guidelines and limitations as the Congress may provide, consistent with the basic policy of local autonomy. Such taxes, fees, and charges shall accrue exclusively to the local governments.

Power of Taxation

And to a limited extent, the President when granted delegated tariff powers:

Sec. 28 (2), Art. VI: The Congress may, by law, authorize the President to fix within specified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts within the framework of the national development program of the Government.

Power of Taxation

Limitations on the exercise:1. Due process of law: Tax should not be

confiscatory2. Equal protection clause: Taxes should be

uniform and equitable:Sec. 28 (1), Art. VI The rule of taxation shall be

uniform and equitable. The Congress shall evolve a progressive system of taxation.

Taxes are enforced proportional contributions from persons and property levied by the lawmaking body of the State by virtue of its sovereignty for the support of the government and all public needs.

Meaning of taxes

Section 10

No law impairing the obligation of contracts shall be passed.

Case Analysis :

Maria who rents an apartment renewed her contact with her landlady for another year. It was stated in the contract signed by both parties that no increase would transpire until the duration covered in the contract. After a month, a bill was approved increasing the minimum payment for all apartments by 5%. Would the law affect the contract entered into by Maria and her landlady?

Section 11 and 12

Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.

Section 11 and 12Section 12. (1) Any person under investigation

for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.

(2) No torture, force, violence, threat, intimidation, or any other means which violate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.

(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him.

(4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to the rehabilitation of victims of torture or similar practices, and their families.

“You have the right to remain silent.Anything you say can be used against you in

court. You have the right to an attorney before questioning. If you can't afford an attorney,

one will be provided for free. If you start answering questions without an attorney, you can stop and ask for an attorney at any time.”

Miranda doctrine

Section 13All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.

Bail is the security required by a court and given for the provisional or temporal release of a person who is in the custody of the law conditioned upon his appearance before any court as required under the conditions specified.

Meaning of bail

1) To relieve an accused from imprisonment until his

conviction and yet secure his appearance at the trial

2) Maybe in form of cash deposit, property bond, bond

secured from a surety company, or recognizance.

Purpose and form of bail

1) If the applicant is not yet in the custody of law.

2) If the applicant is charged with capital offense or an

offense punishable by reclusion perpetua, life

imprisonment, or death penalty, or if the evidence

of guilt is strong.

3) After the judgment has become final, or after the

accused has commenced to serve sentence.

Who may not invoke the right to bail

A capital offense, for the purpose of the above provision, is an offense which, under the law existing at the time of its commission, and at the time of application to be admitted to bail, may be punished with reclusion perpetua, life

imprisonment, or death.

Meaning of capital offense

Section 14

(1) No person shall be held to answer for a criminal offense without due process of law. (2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial,

Section 14

to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable.

Due process in this context pertains more to the procedural aspect. It requires that:

(a) The accused must be –1) tried before a competent court2) given a fair and impartial trial3) allowed to use all legal means and

opportunity to defend himself; and(b) the judgment awarded against him must be

within the authority of a valid law.

Right to due process of law in criminal cases

In all criminal prosecution the accused is presumed innocent until proven guilty.

1) A safeguard against false conviction

2) Requirement of proof beyond reasonable doubt

Right to presumption of innocence

1) The arraignment is made in open court by the judge or clerk, and consists in furnishing the accused a copy of complaint or information with the list of witnesses, reading the same in the language or dialect known to him and asking him whether he pleads guilty or not guilty.

The complaint is filed in court usually by the prosecutor after due investigation

Meaning and purpose of arraignment

2) It is the stage of arraignment that the accused, for the first time, is granted the opportunity to know the precise charge that confronts him

Meaning and purpose of arraignment

Section 15

The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety requires it.

The writ of habeas corpus is an order issued by a court of competent jurisdiction, directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place, and to show sufficient cause for holding in custody the individual so detained.

Meaning of writ of habeas corpus

The petition for a writ of amparo is a remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity.

The writ shall cover extralegal killings and enforced disappearances or threats thereof.

(A.M. No. 07-9-12-SC)

Writ of Amparo