THE THREE INHERENT POWERS OF THE STATE POLICE POWER It is the sovereign power to promote and protect the

general welfare. It is the most pervasive and the least limitable of the three powers of the state, the most essential, consistent and illimitable which enables the State to prohibit all hurtful things to the comfort, safety and welfare of the society. It also refers to the power vested in the legislature by the Constitution to make, ordain, establish all manner of wholesome and reasonable laws, statutes, or ordinances, either with penalties, or without, nor repugnant to the constitution, as they shall be judge to be for the good and welfare of the state and the subjects. Police power is an inherent attribute of sovereignty. It can exist even without reservation in the constitution. It is based on necessity as without it, there can be no effective government. It is also referred to as the law of overwhelming necessity. What is the basis of the exercise of the police power of the state? The exercise of police power is founded on the basic principles of salus populi est suprema lex (the welfare of the people is the supreme law) and sic utere tu et alienum non laedas (so use your property so as not to impair another) Who has the ultimate power to determine the necessity and the means of exercising the police power of the state? Congress has the ultimate power, because it is the judge of necessity, adequacy, reasonableness and wisdom of any law. The congress is the constitutional repository of police power and exercise the prerogative of determining the policy of the state. Limitations in the exercise of Police power Due process clause Equal protection clause The basic purposes of Police Power are: 1. 2. 3. 4. 5. 6. To serve the general welfare, comfort and convenience of the people; To promote and preserve public health; To promote and protect public safety; To maintain and safeguard public order; To protect public morals; and To promote the economic security of the people. POWER OF EMINENT DOMAIN It is an inherent power of the state that enables it to forcibly acquire private property, which is intended for public use, upon the payment of just compensation. It is based on political necessity; it is inseparable from the state unless it is denied to it by its fundamental law. Condemnation of private property is justified only if it is for the public good character. It is the courts of law that have the power to determine whether there is necessity therefore. Also called the power of expropriation, eminent domain is described as the highest and most exact idea of property remaining in the government that may be acquired for some public purpose through a method in the nature of a compulsory sale to the state. Who may exercise the Power of Eminent domain? The Congress The President The local legislative bodies Certain public corporations (e.g. Land Authority and the MWSS) Quasi-public corporations (e.g. PLDT and Meralco) What are the requisites in exercising the power of eminent domain? The property taken must be private property;

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The taking must be within constitutional sense; The taking must be for public use Just compensation must be paid; There must be due process of law.

The following essential requisites must concur before an LGU can exercise the power of eminent domain: An ordinance is enacted by the local legislative council authorizing the local chief executive to exercise the power of eminent domain; 2. It is exercised for the public use, purpose and welfare; 3. There must be payment of just compensation; and 4. A valid and definite offer has been previously made to the owner of the property south to be expropriated. 1. Taking may not only include the import of a physical possession of the owner, as when he is ousted from his land or relieved of his watch or car but also covers trespass without actual eviction of the owner, material impairment of the value of the property or prevention of the ordinary uses for which the property was intended. The following cases constitute taking: Where a farmland is inundated because of the construction of a damn nearby, the owner who is prevented from planting on the land. Where government planes fly over private property at such a low altitude as to practically touch the tops of the trees. A municipal ordinance prohibiting construction of any building that would destroy the view of the plaza from the highway. Query: A building which is on the verge of collapse was ordered to be demolished. The owner objected thereto since the demolition constitutes taking without payment of just compensation. Is the contention of the owner correct? Answer: No, the demolition of the building is done in the exercise of police power. It is intended to further the interest of the public as the structure is susceptible to harm the public, in case it collapses. Hence, the owner is not entitled to compensation. Query: An ordinance was passed requiring private cemeteries to reserve 6% of their total areas for the burial paupers. The owners of the private cemeteries demand payment of just compensation because the ordinance sought to deprive them of their property. However, the city invoked that such ordinance was done in the exercise of their police power under the general welfare clause. Is the argument of the city tenable? Answer: No, although there was taking of private property for public use, nevertheless, it was done without payment of just compensation. Hence, it violates the principles governing eminent domain. The taking of property under the police power is sought to be destroyed. Just compensation is the full and fair equivalent of the property taken from the private owner by the expropriator. The measure of this compensation is not the takers gain but the owners loss. POWER OF TAXATION It is the inherent power of the state to raise revenues to defray the expenses of the government or for any public purpose. This can be done through the imposition of burdens or imposition on persons, properties, services, occupations or transactions. The importance of taxation derives from the unavoidable obligation of the government to protect the people and extend them benefits in the form of public projects and services. Taxation is based on necessity and the reciprocal duties of protection and support between the state and those that are subject to its authority. Who may exercise the power of taxation? It is the Congress who exercises the plenary power to tax. However, it may be delegated by congress to local government units under such terms and conditions as may prescribed by law. The following are the requisites or limitations on the power to tax:

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Public purpose; Territoriality; Uniformity; Due process and equal protection clause; Constitutionally exempt properties cannot be taxed; In the assessment and collection of certain kinds of taxes, notice and opportunity for hearing must be provided. Military Government A government that is established during or after military occupation by the victorious country in an armed conflict. According to International Law, the territory that has been placed under the authority of a hostile army continues to belong to the state that has been ousted. However, it may be ruled by the occupiers under a special regime When a country's army achieves decisive victory over an enemy, the victor may supplement military presence in the enemy territory with some type of government. If the victor is a signatory to certain international agreements, it must follow international Rules of War that outline the rights and responsibilities when governing a territory under belligerent occupation. This military government is not the same as Martial Law, although the occupiers may impose martial law as part of maintaining order. Hague Conference of 1907 and the Geneva Conference of 1949 agreement the government established by a military commander in conquered territory to administer the military law declared by him under military authority applicable to all persons in the conquered territory and superseding any incompatible local law compare Its control lasts until it either gives up power voluntarily or is overthrown. The term is popularly used for rule of a country by its own military, whether it comes to power through aCOUP D'TAT or is the legitimate governing body. MILITYARY LAW: Law prescribed by statute for governing the armed forces and their civilian employees. It in no way relieves military personnel of their obligations to their country's civil code or to the codes of INTERNATIONAL LAW. MUTINY, insubordination, desertion, misconduct, and other offenses injurious to military discipline constitute violations of military law; offenders may be subject to COURT-MARTIAL. Lesser offenses may be penalized summarily by a commanding officer

Revolutionary Government When the existing government is overthrown by a completely new group. The new group can be very small, such as the military, or very large, as in a popular revolution. After a period of time, the country adopts one type of government

KINDS OF SOVEREIGNTY Legal sovereignty - is the authority which has the power to issue final commands. This is the supreme law making power. Political sovereignty - is the power behind the legal sovereign, or the sum of the influences that operate upon it. This is legally unknown, unorganized and incapable of expressing the will of the state in the form of legal command. But it is this will that must ultimately prevail in the State. In a narrower sense, the electorate constitutes the political sovereign, and in a broader sense, the whole mass of population. Internal sovereignty - refers to the power of the State to control its domestic affairs. It empowers the State to make and alter its system of government, and to regulate its private affairs, as well as the rights and relations of its citizens, without any dictation, interference, or control on the part of any person or body or State outside the particular political community. External sovereignty - is the power of the State to direct its relations with other States. With this, the State is not subject to the control, dictation, or government of any other power. It implies the right and power to receive recognition as an independent power from other powers, and to make treaties with them on equal terms, make war or peace with them, send diplomatic agents to them, acquire territory by conquest or occupation, and otherwise to manifest the freedom and autonomy. (Suarez, 2005) This is also known as independence.