reviewer-in-cjuris-2

REVIEWER IN CJURIS 2
INHERENT POWER OF THE STATE

The Philippines' government operates through three inherent powers:
police power, eminent domain, and taxation.
Police power is the most comprehensive, allowing the government to

enact laws and regulations that promote public welfare, health, safety,
and morals. It allows the government to limit individual rights when
necessary for the common good.
Eminent domain, also known as the power of expropriation, allows

the state to forcibly acquire private property for public use, with the
requirement that the taking must be for a public purpose and just
compensation must be paid to the owner. This power is typically used
in structure development.
Taxation is the government's ability to levy and collect taxes from

individuals and businesses to fund government activities and services.
It is guided by constitutional principles of uniformity and equity,
ensuring fair and proportionate taxation. These inherent powers ensure
the government can perform its duties while protecting individual
rights.
A warrant in the Philippines is a written order issued by a judge or

magistrate that authorizes law enforcement to perform an action, such
as an arrest or search. Warrants are issued to ensure that individuals
accused of crimes are brought before the court to face due process
A search warrant in the Philippines is a written order issued by a

judge that instructs a peace officer to search for personal property and
bring it to court.
A search warrant must meet the following requirements:
•Be issued by a judge based on probable cause.
•Describe the place to be searched and the items to be seized.
•Be signed by a judge or justice of the peace.
• Be directed to a peace officer.

A judge must personally determine probable cause after examining the
complainant and any witnesses under oath or affirmation. Probable
cause is when facts and circumstances lead a reasonable person to
believe that an offense has been committed and that the items being
sought are in the place to be searched.
There are some exceptions to warrantless searches, including:

consent, incident to lawful arrest, plain view, stop and frisk, and
vehicle searches.
RIGHTS TO TRAVEL
Section 6 of Article III of the 1987 Philippine Constitution protects the

right to "liberty of abode and travel." This means that every Filipino
citizen has the constitutional right to:
1. Liberty of Abode: This refers to the right to live in any place of one's
choice within the country. No one can be forced to live in a specific
place unless there is a valid legal reason for it (e.g., during a court
order or a law enforcement action).
2. Right to Travel: This grants citizens the freedom to move in and out
of the country. It means that you have the right to travel to other
countries or to go from one place to another within the Philippines
without unnecessary interference from the government. However,
there are reasonable restrictions that may be imposed, like in cases of
national security concerns or if the person is under a legal order such
as a travel ban (e.g., due to a pending criminal case).
In summary, Section 6 ensures that citizens can move freely within the
country and even leave it, as long as there are no valid legal
impediments.
VALID CLASSIFICATION
 Based on substantial distinctions: The classification must

be based on real differences that are substantial.
 Relevant to the law's purpose: The classification must be
relevant to the law's purpose.
 Not limited to existing conditions: The classification should
not be limited to existing conditions only.
 Applies equally to all members of the same class: The
classification must apply equally to all members of the same
class.
For example, a classification that considers the unequal power
relationship between men and women, the fact that women are
more likely to be victims of violence, and the gender bias and
prejudice against women may be considered valid.

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REVIEWER IN CJURIS 2

INHERENT POWER OF THE STATE

Police power is the most comprehensive, allowing the government to

Eminent domain, also known as the power of expropriation, allows

Taxation is the government's ability to levy and collect taxes from

A warrant in the Philippines is a written order issued by a judge or

A search warrant in the Philippines is a written order issued by a

A search warrant must meet the following requirements:

•Be issued by a judge based on probable cause.

•Describe the place to be searched and the items to be seized.

•Be signed by a judge or justice of the peace.

• Be directed to a peace officer.

There are some exceptions to warrantless searches, including:

Section 6 of Article III of the 1987 Philippine Constitution protects the

 Based on substantial distinctions: The classification must

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