The appellate court may motu proprio or on motion of

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: 106440, Jan. 29, 1996) Q: Is expropriation of private lands for slum clearance and urban development for public purpose? A: Yes it is for public purpose even if the developed area is later sold to private homeowners, commercial firms, entertainment and service companies and other private concerns. (Reyes v. NHA G.R. No. 47511. January 20, 2003) n. CONTRACT CLAUSE or NON‐IMPAIRMENT CLAUSE Q: May laws be enacted even if the result would be the impairment of contracts? A: GR: Valid contracts should be respected by the legislature and not tampered with by subsequent laws that will change the intention of the parties or modify their rights and obligations. The will of the parties to a contract must prevail. A later law which enlarges, abridges, or in any manner changes the intent of the parties to the contract necessarily impairs the contract itself and cannot be given retroactive effect without violating the constitutional prohibition against impairment of contracts. (Sangalang v. IAC, GR No. 71169, December 22, 1988) XPN: Enactment of laws pursuant to the exercise of police power because public welfare prevails over private rights. It is deemed embedded in every contract a reservation of the State’s exercise of police power, eminent domain and taxation, so long as it deals with a matter affecting the public welfare. (PNB v Remigio, G.R. No 78508, March 21, 1994) 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 Q: What constitutes impairment? A: Any statute which introduces a change into the express terms of the contract, or its legal constructio...
View Full Document

{[ snackBarMessage ]}

Ask a homework question - tutors are online