(Part 5) En Banc cases penned by Justice Hernando; Manila International Ports Terminal v. Philippine Ports Authority

 


"As head of the revolutionary government, she, (President Corazon C. Aquino) was empowered by the 1986 Freedom Constitution to exercise legislative powers, including the power to amend, alter, or repeal the franchise of a public utility."

"This legislative prerogative is broad and plenary, stemming from the most essential, insistent, and illimitable of government powers – police power. Thus, courts are [generally] reluctant to interfere with it. [ See Ichong v. Hernandez, 101 Phil. 1155, 1166 (1957) ]."

TAKE NOTE: 

• Limitations of Police Power of the State;
• Franchise as a property right; 
• Procedural Due Process vs. Substantive Due Process 
• The Operative Fact Doctrine 

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(Part 5) En Banc cases penned by Justice Hernando; Manila International Ports Terminal v. Philippine Ports Authority

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