Professional Documents
Culture Documents
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