1. 1.

THREE INHERENT POWERS OF THE STATE

2. 2. The power of the government orstate to enforce and moneymandatory or compulsory
moneycontribution from the people tosupport the needs of the nation. 3 Inherent Powers of
the State Power of Police Power of Eminent Power Taxation Domain
3. 3. POLICE POWER is the power of promoting thepublic welfare by restraining and regulating
the use ofboth liberty and property of all the people. It isconsidered to be the most allencompassing of thethree powers. It may be exercised only by thegovernment. The property
taken in the exercise of thispower is destroyed because it is noxious or intendedfor a noxious
purpose.Tests of the Police Power1. Lawful Subject2. Lawful Means 2. EMINENT DOMAIN
4. 4. Lawful Subject Lawful MeansThe activity or propertysought to be regulated both the end
and the means must be legitimateaffects the public welfare. Ynot v. IAC: the prohibition of
the interprovincial transport ofIt requires the primacy of carabaos cannot prevent the
indiscriminatethe welfare of the many slaughter because they can be killed anywhere.over
the interests of thefew.Taxicab Operators of Metro Manila v. Board ofTransportation:phasing
out taxicabs morethan 6 yrs. old- to protect theriding public and promote theircomfort and
convenience HOME
5. 5. Lawful Subject The activity or property Lawful Means sought to be regulated affects the
public welfare. It requires the primacy of the welfare of the many over the interests of the few.
Taxicab Operators of Metro Both the end and the Manila v. Board of Transportation: means
must be phasing out taxicabs more than 6 yrs. old- to protect the legitimate riding public and
promote their comfort and convenience Ynot v. IAC: the prohibition of the interprovincial
transport of carabaos cannot prevent the indiscriminate slaughter because they can be killed
anywhere.HOME
6. 6. Power ofEminent Domain It is the power of the State to forcibly take private property for
public use upon payment of just compensation. Like police power, it is based on the
overriding public necessity and is exercisable by the legislative department of the State. But
unlike police power, eminent domain may be exercised by private entities with the express
valid delegation from the legislature. It can likewise be exercised by the President,
administrative agencies and local governments. The power is usually exercised through the
formal expropriation proceedings before a court which, when granted by the latter, will result
to the actual taking of the property from its owners upon payment of just compensation.
Requisites of Taking in Eminent Domain 1. The expropriator must enter a private property. 2.
The entry must be for more than a momentary period. TAXATION
7. 7. Power of TaxationIt is the power by which the State exacts enforcedproportional
contribution from the people, property andexercise of a right within its territory to raise
revenuefor the purpose of defraying the necessary expenses ofthe government. The main
theory supporting the exerciseof the power is the so-called "lifeblood theory". Thetheory
states that taxes are the lifeblood of the nation.Without the revenue raised from taxation,
thegovernment will not survive resulting to the detriment ofthe society. Without taxes, the
government would beparalyzed for lack of motive power to activate andoperate it. Another
theory is the benefits-receivedtheory which states that tax are imposed because of
thereciprocal duties of protection and support between theState and the taxpayer. The
taxpayer is liable to pay tax

8. THE THREE INHERENT POWERS OF THE STATE

10. POLICE

9.

POWER
11. 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.
12.
13. 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.

14.

15. 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.

16.
17. What

is the basis of the exercise of the police power of the

state?
18. 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)
19.
20. Who

has the ultimate power to determine the necessity and

the means of exercising the police power of the state?
21. 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.
22.
23. Limitations

in the exercise of Police power

24. 1. Due process clause
25. 2. Equal protection clause

26.
27. The
28.

basic purposes of Police Power are:

29. 1.

To serve the general welfare, comfort and convenience of

the people;
30. 2. To promote and preserve public health;
31. 3. To promote and protect public safety;
32. 4. To maintain and safeguard public order;
33. 5. To protect public morals; and
34. 6. To promote the economic security of the people.
35.
36. POWER

OF EMINENT DOMAIN
37. 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.
38.

39. 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.

40.
41. Who

may exercise the Power of Eminent domain?

42. 1. The Congress
43. 2. The President
44. 3. The local legislative bodies
45. 4. Certain public corporations (e.g. Land Authority and the
MWSS)
46. 5. Quasi-public corporations (e.g. PLDT and Meralco)
47.

48. What

are the requisites in exercising the power of eminent

domain?
49. 1. The property taken must be private property;
50. 2. The taking must be within constitutional sense;
51. 3. The taking must be for public use

52. 4.

Just compensation must be paid;

53. 5. There must be due process of law.
54.
55. The

following essential requisites must concur before an LGU

can exercise the power of eminent domain:
56. 1. An ordinance is enacted by the local legislative council
authorizing the local chief executive to exercise the power of
eminent domain;
57. 2. It is exercised for the public use, purpose and welfare;
58. 3. There must be payment of just compensation; and
59. 4. A valid and definite offer has been previously made to the
owner of the property south to be expropriated.
60.

61. 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.

62.
63. The

following cases constitute taking:

64. Where a farmland is inundated because of the
construction of a damn nearby, the owner who is prevented
from planting on the land.
65. Where government planes fly over private property at
such a low altitude as to practically touch the tops of the
trees.
66. A municipal ordinance prohibiting construction of any
building that would destroy the view of the plaza from the
highway.
67.
68. 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?

69.

70. 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.
71.
72. 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?

73.

74. 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.

75.
76. 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.

77.

78. POWER

OF TAXATION
79.
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.
80.
81.

82.

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.

83. Who

may exercise the power of taxation?

84. 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.
85.
86. The

following are the requisites or limitations on the power

to tax:
87. 1. Public purpose;
88. 2. Territoriality;
89. 3. Uniformity;
90. 4. Due process and equal protection clause;
91. 5. Constitutionally exempt properties cannot be taxed;
92. 6. In the assessment and collection of certain kinds of taxes,
notice and opportunity for hearing must be provided.