This preview shows page 1. Sign up to view the full content.
Unformatted text preview: exercised by the: 1. President 2. Administrative bodies 3. Lawmaking bodies on all municipal levels, including the barangay. Municipal governments exercise this power under the general welfare clause. (Gorospe, Constitutional Law: Notes and Readings on the Bill of Rights, Citizenship and Suffrage, Vol. 2.) Q: What are the requisites for the valid exercise of police power by the delegate? POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. BILL OF RIGHTS A: 1.
3. Express grant by law Must not be contrary to law GR: Within territorial limits of LGUs XPN: When exercised to protect water supply (Wilson v. City of Mountain Lake Terraces, 417 P.2d 632, 1966) Q: Can anyone compel the government to exercise police power? A: No. The exercise of police power lies in the discretion of the legislative department. The only remedy against legislative inaction is a resort to the bar of public opinion, a refusal of the electorate to turn to the legislative members who, in their view, have been remiss in the discharge of their duties. Q: Can the courts interfere with the exercise of police power? A: No. If the legislature decides to act, the choice of measures or remedies lies within its exclusive discretion, as long as the requisites for a valid exercise of police power have been complied with. Q: What are the tests to determine the validity of a police measure? A: 1. Lawful subject – The interests of the public generally, as distinguished from those of a particular class, require the exercise of the police power 2. Lawful means – The means e...
View Full Document