My Review Notes on POLICE POWER

Effect of Declaration of Unconstitutionality

Ans. It is not a law, there are no rights and imposes no duties and affords no protection
All acts pursuant to such provision is null and void
If illegally dismissed , position does not become vacant and new replacement is null and void
No valid appointment to a non vacant position
All commissioners appointed under Ra 8551 should be removed from office, in order to give way to the reinstatement of the petitioners.

POLICE POWER
It is regulatory in nature and the power to issue licenses or grant of bus. Permits if exercised for regulatory and not for revenue raising purpose is within the purview of this power

Construing POLICE POWER

JAI ALAI imbued with public interest and involves the exercise of police power
Construed strictly and any doubt must be resolved against the grant

Rates charged by Public Utilities like MERALCO are subject to state regulation

-When private prop. Is used for public purpose and is affected with public interest it ceases to be JURIS PRIVATI and only becomes subject to regulation
-Submission to regulation maybe withdrawn by the owner by discontinuing use BUT as long as its continue the same is subject to public regulation.

Charged by public utilities
-State protects the public against arbitrary and excessive rates while maintaining the efficiency and quality of services rendered.Balancing of investments and consumer interests.BUT does not give the state the right to prescribe rates as to deprivev the public utility as of ROI.
-The rates prescribed by the state must be one that yields a fair return on public utility upon value of the prop. Performing the service and one that is REASONBLE to public service.

NATURE OF AUTHORITY OF LGU TO ISSUE OR GRANT LICENSES
-Regulatory in nature
-Essentially in the exercise of police power of state within the contemplation of gen. welfare clause of LG Code.

Does ART. 263 of labor code which vests the Sec. of Labor the discretion to determine what industries are indispensable to nat’l interests and assume jurisdiction over disputes VIOLATES workers constitutional right to strike?

Ans.The Sec. of labor assume jurisdiction over labor dispute of said industry.It is done for the promotion of common good considering that prolonged strike or lock out can be inimical to nat’l economy

May solicitation for religious purposes be subject to prop.regulation by the state in the exercise of police power ?

Ans. Even the exercise of religion may be regulated in order that the state may protect its citizens from injury.
- State may protect its citizen from fraudulent solicitation by requiring a stranger in the community before permitting him publicly to solicit funds.

Does the corp. or individual not licensed have the right to hire licensed optometrist? Will the employmentof a qualified optometrist by a corp. go against public policy?
Ans. It was ruled that the employment of a qualified optometrist by the corp. is not against public policy UNLESS prohibited by a statute, a corp. has all contractual rights.

What powers of the state’s policies are involved in the implementation of CARL?Ans. Police power and power of eminent domain…