POLITICAL LAW and do not ordinarily empower the Court to review the factual findings of the Commissions, (Aratuc v. COMELEC. BILL OF RIGHTS GR. No, 1-49705-09, Feb, 6, 1979) PUNDAMENTAL POWERS OF THE STATE (PET) 1, Police Power 2, Power of Eminent Domain 3. Power of Taxation jong the fundamental powers of the 4. They are inherent in the State and may be exercised by it without need of express constitutional grant. 2 They are not only necessary but also indispensable, The State cannot continue or be effective unless itis able to exercise them 3. They are methods by which the State interferes with private rights 4 They all presuppose an equivalent compensation for the private rights interfered with, 5. They are exercised primarily by the egistatur. smmon limitations on these pawer 1. May not be exercised arbitrarily to the prejudice ofthe Bill of Rights 2. Subject at all times to the limitations and requirements of the Constitution and may in proper cases be annulled by the courts, te when there is grave abuse of discretion, Police Power vs. Taxation vs. Eminent Domain Extentof | Regulates ‘Affects only property power | liberty and rights pro Power Exercised only bythe] Maybe exercised government exercised by bywhom private entities Natureof | Property 1s | Propertyis wholesome the noxious or property | intended for a taken | noxious purpose Purpose | Property taken | Propertyis taken for sto is destroyed public use property taken Compensa | Tatangible tion altruistic Protectio | Fair market feeling that one | n and | value of the has contributed | public | property to the public | improve good/general | ments welfare 2017 GoLDEN NoTEs 76BILL OF RIGHTS — FUNDAMENTAL POWERS OF THE STATE Exercise of the fundamental powers ofthe state GR: The inherent powers are to be exercised by the legislature XPN: These powers may be delegated to: (PALQ) a, President b. Administrative Agencies Local Government Units 4. Quasi-Public Corporation (private corporations which perform a. public function or render public service, eg, Meralco}, NOTE: ONLY Eminent Domain may be delegated to {quasi-public corporations ‘Local government units do not have inherent powers ‘They are mere creatures of Congress. Whatever powers they have are implied from their delegated powers, Police Power and Eminent Domain may be delegated to LGU and the delegation may be found in their respective charter. (Batangas CATY, Inc vs. CA, GR. No, 138810, Sept 29, 2008) NOTE: With respect to Taxation, it is the Constitution itself which delegated this power to LGUs. The delegation is found in Sec.5, Art. 10, General Welfare Clause ‘The delegation of the Police Power to the LGU, (Sec. 16, A 7160 or the Local Government Code of 1991) OAS (1990, 1992, 2001, 2004, 2007, 2009, 2010 Bar) Police power isthe power of the state to promote public ‘welfare by restraining and regulating the use of liberty and property. Itis the most pervasive, the least limitable, fand the most demanding of the three fundamental powers of te State, The justification is found inthe Latin maxims salus popull est suprema lex (the welfare of the people is the supreme law) and sic utere tuo ut alienum non laedas (50 use your property as not to injure the property of others). As an inherent attribute of sovereignty which virtually extends to all public needs, police power grants a wide panoply of instruments Unrough which the State, as parens patriae, gives effect to 2 host ofits regulatory powers. We have held that the power to “regulate” means the power to protect, foster, promote, preserve, and control, with due regard for the Interests, frst and foremost, of the public, then of the uulty of ts patrons. (Gerochi v. Department of Energy, G 159796, July 17,2007) Police power rests upon public necessity and upon the right of the State and of the public to se-protection, For this reason, its scope expands and contracts with the changing needs (Churchill . Rafferty, 32 Phil. 580, 602 603, 1915). Generally, police power extends to all the great public needs, Its particular aspects, however, are the following: Public health Public morals Public safety Public welfare Requisites fora valid exercise of police power 1. Lawful subject - The interests of the public generally, as distinguished from those of a Particular class, require the exercise of the police power 2 Lawful means ~ The means employed are reasonably necessary forthe accomplishment ofthe purpose and not unduly oppressive upon individuals, (QTC Philippine Veterans Bank, 192 SCRA 257) Q Hotel and motel operators in Manila sought to declare Ordinance 4670 as unconstitutional for being unreasonable, thus violative of the due process clause. The Ordinance requires the clients of hotels, ‘motels and lodging house to fill out a prescribed form in a lobby, open to public view and in the presence of the owner, manager or duly authorized representative of such hotel, motel or lodging house, The same law provides that the premises and facilities of such hotels, motels and lodging houses would be open for inspection either by the City Mayor, or the Chief of Police, or their duly authorized representatives. It increased their annual license fees as well. Is the ordinance constitutional? AA: YES. The mantle of protection associated with the due process guaranty does not cover the hotel and motel ‘operators. This particular manifestation of a_ police power measure being specifically aimed to safeguard public morals is immune from such imputation of nullity resting purely on conjecture and unsupported by anything of substance. To hold otherwise would be to unduly restrict and narrow the scope of police power Which has been properly characterized as the most essential, insistent and the least limitable of powers, extending as it does “to all the great public needs” ‘There is no question that the challenged ordinance was precisely enacted to minimize certain practices hurtful to public morals. The challenged. ordinance then proposes to check the clandestine harboring of transients and guests of these establishments by requiring these transients and guests to fillup a registration form, prepared for the purpose, in a lobby open to public view at all times, and by Inoducing several other amendatory provisions calculated to shatter the privacy that characterizes the registration of transients and guests. Moreover, the increase in the licensed fees was intended to discourage ‘establishments of the kind from aperating for purpose other than legal" and at the same time, to increase “the Income of the city government.” (Ermita-Malace Hotel v, City Mayor of Manila, GR. No. 1-24693, July 31,1967) Q Are the rates to be charged by utilities like 77 UNIVERSITY OF SANTO Tomas attic sageet was eonatend pee cen aePOLITICAL LAW AA: YES, The regulation of rates to be charged by public utlties is founded upon the police powers of the State ‘and statutes prescribing rules for the control and regulation of public utilities are a valid exercise thereof ‘When private property is used for a public purpose and is affected with public interest, it ceases to be{uris privationly and becomes subject to regulation, The regulation is to promote the common good. As long as use of the property is continued, the same is subject public regulation. (Republic v. Manila Electric Company, GR.No. 141314, Nov. 15,2002) NOTE: Mall owners and operators cannot be validly compelled to provide free parking to their customers because requiring them to pravide free parking space to their customers is beyond the scope of police powers. It unreasonably restricts the right to use property for business purposes and amounts to confiscation of property. (OSG v. Ayala Land, Ine, 600 SCRA 617) (2014 Bar) Requisites for the valid exercise of police pawer by the delegate 1. Express grant by law 2, Must not be contrary to law 3. GR: Within territorial limits of LGUs XPN: When exercised to protect water supply. (Wilson v. City of Mountain Lake Terraces, 417 P2d 632, 1966) ‘The courts cannot interfere with the exercise of lice power If the legislature decides to act, the choice of measures or remedies les within Its exclusive discretion, as long as the requisites for a valid exercise of police power have been complied with @: Can MMDA exercise police power? ‘A: NO. The MMDA cannot exercise police powers since Its powers ae limited tothe formulation, coordination, regulation, implementation, preparation, management, monitoring, setting of policies, installing a system, and administration. Nothing in RA No. 7924 granted the MMDA police power, let alone legislative power (MMDA v. Trackworks, GR. No. 179554, Dec. 16,2009). oy y Power of eminent domain (1990, 1993, 1996, 1998, 2000, 2001, 2003, 2004, 2008 Bar) The power ofthe nation or the sovereign state to take, or ‘to authorize the taking of private property for public use ‘without the owner's consent, conditioned upon payment of just compensation. (Brgy. Sindatan, San Fernando, Pampanga v.CA, GR. No. 150640, March 22, 2007) Conditions for the exercise of the Power of Eminent Domain (TUCO) 1. Taking of private property 2. For public Use 3. Just Compensation 4. Observance of due process NOTE: There must be a valid offer to buy the Property and refusal of said offer. Power of expropriation as exercised by Congress vs, Power of expropri xerci ele Power of Se pence sd Power of expropri Pools ce Congress The power is] It can only be broad pervasive and all-| as the enabling law fncompassing | and the conferring authorities want itto 1t can reach every | be form of property which may be needed by the State ope | fo" public use. In Seope | ac. it can reach even private property already fedicated to public property already devoted to religious worship (Barlin Ramirez, 7 Pil 41). Pollical question | Judical question (The courts can eer determine whether there is genuine om necessity for its mecessity exercise, as well as the value of the property). Requisites fora valid taking 1. The expropriator must enter a private property 2. Entry must be for more than a momentary period 3, Entry must be under warrant or color of legal authority 4. Property must be devoted to public use or otherwise informally appropriated or injuriously affected 5. Utilization of property must be in such a way as to oust the owner and deprive him of beneficial enjoyment of the property. (Republic v De (Castelli, GR. No. L-20620, Aug. 15,1974) Nature of property tak University oF Santo Tomas 2017 Gouven Nores 78