What is Police Power?

It is characterized as "the most essential, insistent and the least limitable of powers, extending as it does to all the great public needs." Negatively, it is defined as "that inherent and plenary power in the State which enables it to prohibit all that is hurtful to the comfort, safety, and welfare of society." The most frequent cited definition, however, has been Chief Justice Shaw's classic statement which calls police power "the power vested in the legislature by the constitution to make, ordain, and establish all manner of wholesome and reasonable laws, statutes, and ordinances, either with penalties or without, not repugnant to the constitution, as they shall judge to be for the good and welfare of the commonwealth, and of the subjects of the same. Police power is the power vested in the legislature by the Constitution to make, ordain, and establish all manner of wholesome and reasonable laws for the good and welfare of the State and its people. ERMITA MALATE HOTEL VS. CITY MAYOR, July 31, 1967 When is there valid exercise of police power? 1. The interests of the public generally, as distinguished from those of a particular class, require the interference of the State, 2. The means employed are reasonably necessary to the attainment of the object sought to be accomplished and not unduly oppressive upon individuals. In the exercise of police power, property rights of individuals may be subjected to restraints and burdens in order to fulfill the objectives of the government. Otherwise stated, the government may enact legislation that may interfere with personal liberty, property, lawful businesses and occupations to promote the general welfare. However, the interference must be reasonable and not arbitrary. And to forestall arbitrariness, the methods or means used to protect public health, morals, safety or welfare must have a reasonable relation to the end in view.

TEST OF A VALID ORDINANCE The tests of a valid ordinance are well established. For an ordinance to be valid, it must not only be within the corporate powers of the LGU to enact and be passed according to the procedure prescribed by law, it must also conform to the following substantive requirements: (1) must not contravene the Constitution or any statute; (2) must not be unfair or oppressive; (3) must not be partial or discriminatory; (4) must not prohibit but may regulate trade; (5) must be general and consistent with public policy and (6) must not be unreasonable. There is no showing that the Ordinance is unconstitutional. TEST FOR REASONABLE CLASSIFICATION An ordinance based on reasonable classification does not violate the constitutional guaranty of the equal protection of the law. The requirements for a valid and reasonable classification are: (1) it must rest on substantial distinctions;

(2) it must be germane to the purpose of the law; (3) it must not be limited to existing conditions only; and (4) it must apply equally to all members of the same class. The law may treat and regulate one class differently from another class provided there are real and substantial differences to distinguish one class from another. Eminent domain Scope and definition Section 9. Private property shall not be taken for public use without just compensation. Requisites before and LGU can exercise the power of eminent domain Section 19 of RA 7160, which delegates to LGUs the power of eminent domain, also lays down the parameters for its exercise. Thus, the following essential requisites must concur before an LGU can exercise the power of eminent domain: 1. An ordinance is enacted by the local legislative council authorizing the local chief executive, in behalf of the LGU, to exercise the power of eminent domain or pursue expropriation proceedings over a particular private property. 2. The power of eminent domain is exercised for public use, purpose or welfare, or for the benefit of the poor and the landless. 3. There is payment of just compensation, as required under Section 9, Article III of the Constitution, and other pertinent laws. 4. A valid and definite offer has been previously made to the owner of the property sought to be expropriated, but said offer was not accepted. Who may exercise the power The power of eminent domain is lodged in the legislative branch of government, which may delegate the exercise thereof to LGUs, other public entities and public utilities. An LGU may therefore exercise the power to expropriate private property only when authorized by Congress and subject to the latter's control and restraints imposed "through the law conferring the power or in other legislations." Sec. 9 Art. 3 Local governments have no inherent power of eminent domain and may exercise it only when expressly authorized by statute. Res judicata on power of eminent domain The principle of res judicata, which finds application in generally all cases and proceedings, cannot bar the right of the State or its agent to expropriate private property. The very nature of eminent domain, as an inherent power of the State, dictates that the right to exercise the power be absolute and unfettered even by a prior judgment or res judicata. Judicial review of the exercise of eminent domain is limited to the following areas of concern: (a) The adequacy of the compensation, (b) The necessity of the taking, and (c) The public use character of the purpose of the taking Sec. 19 of the Local Government Code of 1991 (Republic Act No. 7160

A local government unit may, through its chief executive and acting pursuant to an ordinance, exercise the power of eminent domain for public use, or purpose or welfare for the benefit of the poor and the landless, upon payment of just compensation, pursuant to the provisions of the Constitution and pertinent laws: Provided, however, That the power of eminent domain may not be exercised unless a valid and definite offer has been previously made to the owner, and such offer was not accepted: Provided, further, That the local government unit may immediately take possession of the property upon the filing of the expropriation proceedings and upon making a deposit with the proper court of at least fifteen percent (15%) of the fair market value of the property based on the current tax declaration of the property to be expropriated: Provided, finally, That, the amount to be paid for the expropriated property shall be determined by the proper court, based on the fair market value at the time of the taking of the property.