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.

5.

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)

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What are the requisites in exercising the power of eminent

domain?
The property taken must be private property;
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.

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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;
It is exercised for the public use, purpose and welfare;
There must be payment of just compensation; and
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.

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The following are the requisites or limitations on the power

to tax:
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.

POLICE POWER
Power of the state to make laws, policies and ordinances for the
welfare of the people.
It is intended to promote the well being of the people, their health,
safety, economic stability, morality, peace, harmony, and security.
This power is anchored on the latin maxim, Salus populi est suprema
lex (the welfare of the people is the supreme law)
For example, when the government declares a bay or lake infected by
red tide, it may ban the harvesting, the selling, and eating of shellfish
and other marine products to prevent people from being poisoned.
When a factory, a piggery, or a poultry emits obnoxious odor or fumes
dangerous to the peoples health, the government may order its
closure, ban its operation, or impose fines to the operators.
Police power is exercised to safeguard the public from economic
sabotage during critical times.
For example, stores found overpricing maybe ordered padlocked or
fined.
Who may exercised Police Power?
Legislative (lawmaking body)
Executive branch
Local executives (as defined by law)
EMINENT DOMAIN
Enables the state to acquire private property upon payment of just
compensation for some intended public use.
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.

Requisites for Valid exercise of power of Eminent Domain

The property taken must be intended for public use or public purpose.
Payment of just compensation
Due process of law must be observed
Note: 1. exercise must meet the element of necessity
2. property must be a private property.
Who may exercise the power of expropriation?
The Congress
The President
The various local legislative bodies
Certain public corporations: Land Authority, MWSS
Quasi-public corporations: PLDT, Meralco
TAXATION
The state is able to demand from the members of society their
proportionate share or contribution in the maintenance of the
government.
Non-payment of tax may be subject to criminal prosecution and
punishment.

3 Inherent Powers of the State:

1. Police Power;
2. Power of Eminent Domain or Power of Expropriation; and
3. Power of Taxation
Purpose:
1. for public good or welfare - Police Power
2. for public use - Power of Eminent Domain
3. for revenu - Power of Taxation
1. POLICE POWER is the power of promoting the public welfare by
restraining and regulating the use of both liberty and property of all the
people. It is considered to be the most all-encompassing of the three
powers. It may be exercised only by the government. The property
taken in the exercise of this power is destroyed because it is noxious or
intended for a noxious purpose.
It lies primarily in the discretion of the legislature. Hence, the
President, and administrative boards as well as the lawmaking bodies
on all municipal levels, including the barangay may not exercise it
without a valid delegation of legislative power. Municipal governments
exercise this power by virtue of the general welfare clause of the Local
Government Code of 1991. Even the courts cannot compel the exercise
of this power through mandamus or any judicial process.
Requisites of a valid police measure:

(a.) Lawful Subject the activity or property sought to be regulated affects

the public welfare. It requires the primacy of the welfare of the many
over the interests of the few.
(b.) Lawful Means the means employed must be reasonable and must
conform to the safeguards guaranteed by the Bill of Rights.
2. POWER OF EMINENT DOMAIN affects only property RIGHTS. It
may be exercised by some private entities. The property forcibly taken
under this power, upon payment of just compensation, is needed for
conversion to public use or purpose.
The taking of property in law may include:
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 property that may be subject for appropriation shall not be
limited to private property. Public property may be expropriated
provided there is a SPECIFIC grant of authority to the delegate. Money
and a chose in action are the only things exempt from expropriation.
Although it is also lodged primarily in the national legislature, the
courts have the power to inquire the legality of the right of eminent
domain and to determine whether or not there is a genuine necessity
therefore.
3. POWER OF TAXATION affects only property rights and may be
exercised only by the government. The property taken under this
power shall likewise be intended for a public use or purpose. It is used
solely for the purpose of raising revenues, to protect the people and
extend them benefits in the form of public projects and services (I hope
so). Hence, it cannot be allowed to be confiscatory, except if it is
intended for destruction as an instrument of the police power.
It must conform to the requirements of due process. Therefore,
taxpayers are entitled to be notified of the assessment proceedings
and to be heard therein on the correct valuation to be given the
property. It is also subject to the general requirements of the equal
protection clause that the rule of taxation shall be uniform and
equitable.