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3 Inherent Powers of the State:

1. Police Power; (c.) Additional limitations when police power is exercised by a


2. Power of Eminent Domain or Power of Expropriation; virtue of valid delegation:
and
3. Power of Taxation Express grant by law
Within the territorial limits of enacting body
Purpose: Must not be contrary to law
1. for public good or welfare - Police Power The President
2. For public use - Power of Eminent Domain Law making bodies of the local government units
3. For revenue - Power of Taxation Administrative Bodies

1. POLICE POWER is the power of promoting the public welfare 2. POWER OF EMINENT DOMAIN affects only property RIGHTS. It
by restraining and regulating the use of both liberty and property may be exercised by some private entities. The property forcibly
of all the people. It is considered to be the most all-encompassing taken under this power, upon payment of just compensation, is
of the three powers. It may be exercised only by the government. needed for conversion to public use or purpose.
The property taken in the exercise of this power is destroyed
because it is noxious or intended for a noxious purpose. The taking of property in law may include:
 Trespass without actual eviction of the owner;
It lies primarily in the discretion of the legislature. Hence, the  Material impairment of the value of the property; or
President, and administrative boards as well as the lawmaking  Prevention of the ordinary uses for which the property was
bodies on all municipal levels, including the barangay may not intended.
exercise it without a valid delegation of legislative
power. Municipal governments exercise this power by virtue of The property that may be subject for appropriation shall not be
the general welfare clause of the Local Government Code of limited to private property. Public property may be expropriated
1991. Even the courts cannot compel the exercise of this power provided there is a SPECIFIC grant of authority to the delegate.
through mandamus or any judicial process. Money and a chose in action are the only things exempt from
expropriation.
Most pervasive of all, least limitable and most demanding among
the powers. Although it is also lodged primarily in the national legislature, the
courts have the power to inquire the legality of the right of
Requisites of a valid police measure: eminent domain and to determine whether or not there is a
genuine necessity therefore.
(a.) Lawful Subject – the activity or property sought to be
regulated affects the public welfare. It requires the primacy of the 3. POWER OF TAXATION affects only property rights and may be
welfare of the many over the interests of the few. exercised only by the government. The property taken under this
power shall likewise be intended for a public use or purpose. It is
(b.) Lawful Means – the means employed must be reasonable and used solely for the purpose of raising revenues, to protect the
must conform to the safeguards guaranteed by the Bill of Rights.
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people and extend them benefits in the form of public projects and Eminent Domain
services (I hope so). Hence, it cannot be allowed to be confiscatory,
except if it is intended for destruction as an instrument of the It is the power of the State to forcibly take private property for
police power. public use upon payment of just compensation. Like police power,
it is based on the overriding public necessity and is exercisable by
It must conform to the requirements of due process. Therefore, the legislative department of the State. But unlike police power,
taxpayers are entitled to be notified of the assessment proceedings eminent domain may be exercised by private entities with the
and to be heard therein on the correct valuation to be given the express valid delegation from the legislature. It can likewise be
property. It is also subject to the general requirements of the equal exercised by the President, administrative agencies and local
protection clause that the rule of taxation shall be uniform and governments. The power is usually exercised through the formal
equitable. expropriation proceedings before a court which, when granted by
Police Power the latter, will result to the actual taking of the property from its
owners upon payment of just compensation. However, there are
It is defined as the power of the State of promoting public welfare instances when the power is deemed exercised without actual
by restraining and regulating the use of liberty and property. In taking of the property. This is possible in cases like, when through
other words, it is the power to promote general welfare and public a State action, there is practical destruction or material
interest; to enact laws to promote public health, public morals and impairment of the value of the property or when the owner is
public safety of the inhabitants of the State. It can be derived from deprived of the ordinary use of his property. Also, there is implied
its definition that the power is based on public necessity and self- exercise of the power when the owner is deprived of the
preservation. Among the three powers, police power is jurisdiction, supervision and control of his property.
characterized as the most pervasive, the least limitable and the
most demanding. The justification is found in the age-old Taxation
maxims: salus populi est suprema lex (the welfare of the people is
supreme) and sic utere ut alienum non laedas (so you may use It is the power by which the State exacts enforced proportional
your property not to injure the rights of others). contribution from the people, property and exercise of a right
within its territory to raise revenue for the purpose of defraying
Police power is generally exercise by the legislature since it is the the necessary expenses of the government. The main theory
main repository of State powers. The power, nonetheless, is supporting the exercise of the power is the so-called "lifeblood
delegable to other entities such as the President, administrative theory". The theory states that taxes are the lifeblood of the nation.
agencies and the law-making bodies of local governments. Without the revenue raised from taxation, the government will not
survive resulting to the detriment of the society. Without taxes, the
There are two requisites for a valid exercise of police power. First, government would be paralyzed for lack of motive power to
the exercise thereof must have a lawful subject, i.e. the interest of activate and operate it. Another theory is the benefits-received
the public in general as distinguished from those of particular theory which states that tax are imposed because of the reciprocal
class. Second, the exercise must through lawful means, i.e. the duties of protection and support between the State and the
means employed must be reasonably necessary for the taxpayer. The taxpayer is liable to pay tax because of the
accomplishment of the purpose and it must not be unduly protection it receives from the State. Like the other powers, it is
oppressive to individuals and other affected entities. can be delegated by the legislature to the President and local
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governments. But taxation cannot be delegated to administrative power of taxation is intended for a public use or purpose and
agencies although the administration of taxation can be delegated is therefore wholesome.
to them. Taxation powers of the State, for all its awesome 4. The compensation of the person subjected to the police
pervasiveness, is still saddled with inherent and as well as power is the intangible altruistic feeling that he has
constitutional limitations. Example of inherent limitation is that contributed to the several welfare. The compensation
taxation can be exercised only for public purpose. On the other involved in the other powers is more concrete, to wit, a full
hand, example of constitutional limitation is that the exercise of and fair equivalent to the property expropriated or
taxation powers must not violate due process and equal protection protection and the public improvement for the taxes paid.
clause of the Constitution.
Limitations:
Similarities:
The three inherent of the state are similar in the following Although inherent and indispensable, the fundamental powers of
respects: the state are not without restrictions-as ours is a government of
limited powers, even these prerogatives may not be exercise
1. They are inherent in the state and may be exercise by it arbitrarily, to the prejudice of the bills of rights. The presumption
without need of express constitutional grant. in libertarian societies is in favor of private rights and against
2. They are not only necessary but indispensable. The state attempt on the part of the state to interfere with them,
cannot continue or effective unless it is able to exercise them. "Constitutional provision for the security of persons and property
3. They are methods by which the state interferes with should be liberally construed." Hence, the exercise of these
private rights. fundamental powers is subject at all times to the limitation and
4. They all presuppose an equivalent compensation for the requirements of the constitution and may in proper cases be
private rights interfered with. annulled by the courts of justice.
5. They are exercise merely by legislature.
Police power is exercised to safeguard the public from economic
Differences: sabotage during critical times.
The three inherent powers of the state differ from each other in
the following ways: For example, stores found overpricing maybe ordered padlocked
or fined.
1. The police power regulates both liberty and property. Who may exercised Police Power?
The power of eminent domain and the power of taxation Legislative (lawmaking body)
affect only property rights. Executive branch
2. The police power and power of taxation maybe exercise Local executives (as defined by law)
only by the government. The power of eminent domain
maybe exercises by private entities. Eminent domain enables the state to acquire private property
3. The property taken in the police power is destroyed upon payment of just compensation for some intended public use.
because it is noxious or intended for noxious purpose. The
property taken under the power of eminent domain and the Also called the power of expropriation, eminent domain is
described as the “highest and most exact idea of property
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remaining in the government” that may be acquired for some 
public purpose through a method “in the nature of a compulsory They are methods by the state by which the State interferes
sale to the state.” with private rights.

Requisites for Valid exercise of power of Eminent Domain They all presuppose an equivalent compensation for the
The property taken must be intended for public use or public private rights interfered with.
purpose. 
Payment of just compensation They are exercised primarily by the legislature.
Due process of law must be observed
Features of taxation
Note: 1. Exercise must meet the element of necessity It is compulsory
2. Property must be a private property. It is proportionate to one’s ability to pay
It is payable in money
Who may exercise the power of expropriation? Taxes are imposed by the sate

The Congress The Three Inherent Powers of the State Compared


The President SIMILARITIES OF THE POWERS OF THE STATE
The various local legislative bodies
Certain public corporations: Land Authority, MWSS The police power regulates both liberty and property. The power
Quasi-public corporations: PLDT, Meralco of eminent domain and the power of taxation affect only property
rights.

Taxation. The state is able to demand from the members of society Only the government may exercise the police power and the
their proportionate share or contribution in the maintenance of power of taxation. The power of eminent domain may be exercised
the government. by some private entities.

Non-payment of tax may be subject to criminal prosecution and The property taken in the exercise of the police power is
punishment. destroyed because it is noxious or intended for noxious purpose.
The property taken under the power of eminent domain and
SIMILARITIES OF THE POWERS OF THE STATE taxation is intended for public use and is therefore wholesome.

They are inherent in the state and may be exercised The compensation of the person subject to the police power is the
without need of express constitutional grant. intangible altruistic feeling that he has contributed to the general
 welfare. The compensation involved in the other powers is more
They are not only necessary but indispensible. concrete, to wit, a full and fair equivalent of the property
expropriated or protection and public improvements for the taxes
paid

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 Compensation must be paid in money though in the case of
Characteristics: agrarian reform program compensation is partially paid in
bonds.
Police Power cannot be bargained away through the medium of a  Compensation is determined as of the date of the filing of
treaty or a contract. the complaint for eminent domain in general.
 The owner is entitled to the payment of interest if claimed.
Eminent Domain Requisites: If unclaimed, interest is waived.
 Title does not pass to the government until payment has
1. There must be a necessity for the taking of the private been made.
property.
3. Due process of law must be observed in the process of
 When legislature decides on the necessity of the taking, it is expropriation.
a political question, whereas when it is exercised by a
delegated party the question of the necessity of taking is a Taxation:
justiciable question.
Inherent Limitations:
 What is being taken is private property to be used for  Taxes can be levied for public purpose only
public purpose. Thus the property taken cannot be used for  Non-delegability to private persons of the exercise of
private purpose, nor can private property be taken when it the power
is already being used for public purpose.  Territoriality or situs of taxation taxes can be imposed
only within the territory of the taxing state.
 Any private property capable of ownership may be taken  Exemption of government from taxation.
with the exception of money and chases in action. Services  Due to International Comity ne state cannot tax
may be the subject of the power of eminent domain. another sovereign state.

 The private property taken should be for public use. The Constitutional Limitations:
meaning of public use is not confined to the actual use by  Due process of law must be observed i.e. the tax must not
the public in its traditional sense. It has been broadened to be confiscatory
include uses which while not directly available to the public  Equal protection of law must be observed in such a way
redound to their indirect advantage or benefit. that the tax must be uniform and equitable.
 Taxes must be progressive.
2. Just compensation must be paid for the private property  Taxes should not impair contracts.
taken.
 They should not violate the rule on the non-imprisonment
for nonpayment of poll tax
 It is the court which decides what constitute just
 Tax should not infringe on religious freedom
compensation.
 Tax measures should originate from the House of
Representatives.
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