Inherent Powers of the Government

Power of Eminent Domain - Eminent domain is the right or power of a sovereign

state to appropriate private property to particular uses to promote public welfare. It
is an indispensable attribute of sovereignty; a power grounded in the primary duty
of government to serve the common need and advance the general welfare.
Police Power is the power of the government to regulate behaviors and enforce
order within its territory, often framed in terms of public welfare, security, health,
and safety. The exercise of police power can be in the form of making laws,
compelling obedience to those laws through physical means with the aim of
removing liberty, legal sanctions, or other forms of coercion and inducements.
Power of Taxation the power to impose and collect taxes and charges on
individuals, goods, services, and other to support the operation of the government.
Funds provided by taxation have been used by states and their functional
equivalents throughout history to carry out many functions. Some of these include
expenditures on war, the enforcement of law and public order, protection of
property, economic infrastructure (roads, legal tender, enforcement of contracts,
etc.), public works, social engineering, and the operation of government itself.
Governments also use taxes to fund welfare and public services. These services can
include education systems, health care systems, and pensions for the elderly,
unemployment benefits, and public transportation. Energy, water and waste
management systems are also common public utilities.
http://philgovernment.blogspot.com/2009/10/inherent-powers-of-government.html

Forms of Government
1. According to the number of people exercising political power: Monarchy,
Oligarchy, Democracy
a. Monarchy - ruled by a monarch (king, queen, emperor, etc.)
Absolute monarchy - the ruler has absolute power/one in which the ruler rules by
divine right
Limited or constitutional monarchy one in which the ruler rules in accordance with
the constitution
- the monarch is the symbolic head of state within the perimeters of a constitution.
b. Oligarchy - political power is exercised by a few who belongs to a privileged class.
c. Democracy - political power is exercised by the majority of the people
Direct democracy - the will of the estate is formulated or expressed directly or
immediately through the people in a mass meeting or assembly.

Indirect democracy - the will of the estate is formulated or expressed through a

select body of persons chosen by the people to act as their representative.
Direct democracy is a form of democracy in which people vote on policy initiatives
directly. This is different from a representative democracy, in which people vote for
representatives who then vote on policy initiatives.
2. According to legitimacy: De facto and De jure
A de facto government is a government wherein all the attributes of sovereignty
have, by usurpation, been transferred from those who had been legally invested
with them to others, who, sustained by a power above the forms of law, claim to act
and do really act in their stead.
De jure government is a government which rules legally and with the consent of the
people, in contrast with a de facto government, which takes control of a country by
force.
3. According to the relationship between legislative and executive branches:
A presidential system is a system of government where an executive branch exists
and presides (hence the name) separately from the legislature, to which it is not
accountable and which cannot, in normal circumstances, dismiss it.
Features of Presidential System:
The president does not propose bills. However, the president has the power to
veto acts of the legislature.
The president has a fixed term of office. Elections are held at scheduled times and
cannot be triggered by a vote of confidence or other such parliamentary
procedures.
The executive branch is unipersonal. Members of the cabinet serve at the pleasure
of the president and must carry out the policies of the executive and legislative
branches.
The power to pardon or commute sentences of convicted criminals is often in the
hands of the heads of state in governments that separate their legislative and
executive branches of government.
A parliamentary system is a system of government wherein the ministers of the
executive branch are drawn from the legislature, and are accountable to that body,
such that the executive and legislative branches are intertwined. In such a system,
the head of government is both de facto chief executive and chief legislator.
Parliamentary systems are characterized by no clear-cut separation of powers
between the executive and legislative branches, leading to a different set of checks
and balances compared to those found in presidential systems. Parliamentary
systems usually have a clear differentiation between the head of government and
the head of state, with the head of government being the prime minister or premier,
and the head of state often being a figurehead, often either a president (elected

either popularly or by the parliament) or a hereditary monarch (often in a

constitutional monarchy).
4. According to the extent of power of the national government: Unitary and Federal
A unitary state is a sovereign state governed as one single unit in which the central
government is supreme and any administrative divisions (subnational units)
exercise only powers that the central government chooses to delegate.
A federal system of government is one that divides the powers of government
between the national (federal) government and state and local governments. Under
federalism, each level of government has sovereignty in some areas and shares
powers in other areas.
In a unitary state, subnational units are created and abolished and their powers may
be broadened and narrowed, by the central government. Although political power in
unitary states may be delegated through devolution to local government by statute,
the central government remains supreme.
In federal states, by contrast, states or other subnational units share sovereignty
with the central government, and the states comprising the federation have an
existence and power functions that cannot be unilaterally changed by the central
government.
http://philgovernment.blogspot.com/2009/10/forms-of-government.html
law:
Kalantiaw code

Powers - a revolutionary government being a direct creation of the people derives

its powers from the people to whom alone it is accountable. It is said that a
revolutionary government is clothed with unlimited powers because it makes its
own laws; it is "a law unto itself". However, with the adoption of the Provincial
Constitution, the revolutionary government opted to abide with and to subject itself
to the provisions thereof, pending approval of a new charter.

De jure standards, or standards according to law, are endorsed by a formal

standards organization. The organization ratifies each standard through its official
procedures and gives the standard its stamp of approval.
De facto standards, or standards in actuality, are adopted widely by an industry and
its customers. They are also known as market-driven standards. These standards
arise when a critical mass simply likes them well enough to collectively use them.
Market-driven standards can become de jure standards if they are approved through
a formal standards organization.

Formal standards organizations that create de jure standards have well-documented

processes that must be followed. The processes can seem complex or even rigid.
But they are necessary to ensure things like repeatability, quality, and safety. The
standards organizations themselves may undergo periodic audits.

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

1.

Due process clause

2.

Equal protection clause

The basic purposes of Police Power are:

1.

To serve the general welfare, comfort and convenience of the people;

2.

To promote and preserve public health;

3.

To promote and protect public safety;

4.

To maintain and safeguard public order;

5.

To protect public morals; and

6.

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?

1.

The Congress

2.

The President

3.

The local legislative bodies

4.

Certain public corporations (e.g. Land Authority and the MWSS)

5.

Quasi-public corporations (e.g. PLDT and Meralco)

What are the requisites in exercising the power of eminent domain?

1.

The property taken must be private property;

2.

The taking must be within constitutional sense;

3.

The taking must be for public use

4.

Just compensation must be paid;

5.

There must be due process of law.

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 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.

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:

1.

Public purpose;

2.

Territoriality;

3.

Uniformity;

4.

Due process and equal protection clause;

5.

Constitutionally exempt properties cannot be taxed;

6.
In the assessment and collection of certain kinds of taxes, notice and
opportunity for hearing must be provided.