You are on page 1of 5

FUNDAMENTAL POWERS OF THE STATE

Inherent Powers of the State:

I . Police Power
• Law of overruling necessit use of liberty and property. ! power promoting public welfare by restraining and regulating the

"asis# public necessity and right of State and of public to self-protection and self-preservation. W$o %a e&ercise# generally, the legislature but also: • the President, • Administrative bodies, and • Law-ma ing bodies of L!"#s Re'uisites (Li%itations)# Lawful Subject $ the interests of the public in general, as distinguished from those of a particular class, re%uire the e&ercise of the power' Lawful Means $ the means employed are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive on individuals' When exercised by a delegate: e&press grant by law' within territorial limits $ for L!"s e&cept when e&ercised to protect water supply' and must not be contrary to law.

Two stages# • determination of the authority of the plaintiff to e&ercise the power and the propriety of its e&ercise' and • determination of (ust compensation. Power of Eminent Domain • power of State to forcibly ta e private property for public use upon payment of (ust compensation "asis: necessity of the property for public use. Castelvi. W$o %a e&ercise# generally. to which must be added the conse6uential 2a0a/es. • /nce e&propriated change of public use is of no moment. property must be devoted to public use or otherwise informally appropriated or in(uriously affected' v.+ $ust c %pensati n . entry must be under a warrant or color of authority' iv. anosca v. "a#ing# there is ta ing when: i. !. PLDT. utili. (o.0. 6552• 4o!0ula5 -. It is well within the rights of the condemnor as owner to alter and decide its use so long as it still for public use. supervision and control of his property. entry must be more than a momentary period' iii. there is practical destruction or a material impairment of value of property' iii. *+ Public use . . and' *uasi-public )orporations. C. 2002. 252 SCRA #$2%.Republic v. 1o. compensation is %ualified by the word -ust to convey that e%uivalent must be real. !. 58 SCRA 336-. owner is deprived of (urisdiction. $#658). Necessity $ when e&ercised by: )ongress $ political %uestion' +elegate $ (usticiable %uestion 2. Re'uisites# 1.ation of the property must be in such a way as to oust the owner and deprive him of beneficial en(oyment of the property . 26 SCRA 620-. '. 234546.R. substantial. 7une 68.et value of the property. whichever came first. Cou!t o" Appeals. full and fair' the value of the property must be determined either as of the date o" the ta.II . *ul+ 2.Republic v. owner actually deprived or dispossessed of his property' ii. v2a.. . minus the conse%uential benefits."ai! 0a!. re%uisites: i. but in no case will the conse%uential benefits e&ceed the conse%uential damages Fair %ar-et value $ the price that maybe agreed upon by parties who are willing but are not compelled to enter into a contract of sale. &Republic vs.has been broadened to include not only uses directly available to the public but also those which redound to their indirect benefit' that only a few would actually benefit from the e&propriation of the property foes not necessarily diminish the essence and character of public use .in/ of the property or the "ilin/ o" the co0plaint. Private pr perty $ all private property capable of ownership may be e&propriated.A. e&propriator must enter a private property' ii.1slaban v. owner is deprived of ordinary use of his property' and iv. De 3no!io. e&cept money and choses in action' may include services . the legislature but also: the President' Law-ma ing bodies of L!"#s' Public )orporations.

. Li%itations on t$e Power of Ta&ation# 7nhe!ent li0itations Public purpose' a. on the same sub(ect' 6. − +espite lac of specific constitutional prohibition. and progressivity of ta&ation' d. Dou2le Ta&ation $ additional ta&es are laid: 2.erritoriality or situs of ta&ation' c. for the same purpose. .Sec. endowments. donations. Any doubt regarding the ta&ability of any person under a valid law must be resolved in favor of that person and against the ta&ing power. >&emption of government from ta&ation' d. >%ual protection of law' c. including grants. educational institutions.he President. and tariff bills' g. 1on-infringement of religious freedom' h.9. Art. <I. /rigin of appropriation. Sco1e# covers persons. . Art. directly and e&clusively used for religious.6-. Art. revenue. Power of Taxation • power by which State raises revenue to defray necessary e&penses of the !overnment. p. 6=. tonnage and wharfage dues' i. e%uitability. Revie8e! in Political La8. • • • Any %uestion regarding the constitutionality of a ta& measure must be resolved in favor of its validity. charitable and educational purposes' (. or occupation to be ta&ed within ta&ing (urisdiction "asis# power emanating from necessity .6-. 1on-impairment of contracts' e. property. International comity.38-. +ue process of law' b. 1on-delegability of power' b.onse'uential /a%ages $ consist of in(uries directly caused on the residue of the private III.property ta en by reason of e&propriation 0+ &ue pr cess f law $ the defendant must be given an opportunity to be heard. Any doubt as to the applicability of a ta& e&emption granted to a person must be resolved against the e&emption. 1on-impairment of the Supreme )ourt#s (urisdiction in ta& cases' l.lifeblood theoryW$o %a e&ercise# generally. 68 . ?a(ority vote of all members of )ongress re%uired in case of legislative grant of ta& e&emptions' .(achu!a. the legislature but also: Law-ma ing bodies of L!"#s . <I of the )onstitution or as incident of emergency powers that )ongress may grant to him under Sec. under Sec. 1on-imprisonment for non-payment of poll ta&' f. :-' and . . double ta&ation will not be allowed if the same will result in a violation of the e%ual protection clause . +elegation of legislative authority to the President to fi& tariff rates.a& e&emption of properties actually. − . "niformity. by the same ta&ing (urisdiction' during the same ta&ing period' and =. Constitutional li0itations a. import and e&port %uotas.a& e&emption of revenues and assets of. or contributions to.

)ontracts may be impaired. altruistic feeling that the individual has contributed to the public good 4.b.ENSE FEE Police power $ to regulate Amount limited to cost of: . )ompensation is the intangible.E POWER 2. 9.TA3 2. TA3AT4ON Affects only property rights >&ercised only by the !overnment Public necessity =. Lawful sub(ect Lawful means EM4NENT DOMA4N 2. =.T4ON POL4. POL4. =. 6. D4ST4N. L4. 9. 3. effect of non-payment @usiness or activity does not become illegal. 0egulates both liberty and property >&ercised only by the !overnment EM4NENT DOMA4N Affects only property rights ?aybe e&ercised by private entities 1ecessity of the public for the use of private property Property is wholesome and is devoted to public use or purpose )ompensation is full and fair e%uivalent of the property ta en )ontracts may be impaired. 6. Property is wholesome and is devoted to public use or purpose )ompensation is the protection and public improvements instituted by the government for the ta&es paid )ontracts may not be impaired. as to basis Power of ta&ation $ to raise revenue 6. 1ecessity Private property' .a ing' . 3. limitation 0ate or amount to be collected unlimited provided not confiscatory. Property intended for a no&ious purpose is ta en and destroyed. >&press grant by law Aithin the territorial limits ?ust not be contrary to law . 3. 9hen e:e!cise2 b+ a 2ele/ate5 =. 6.necessary inspection or police surveillance. 4.issuing the license and .a. Public necessity and the right of the state and of the public to self-preservation and self-protection. @usiness becomes illegal. 3. Public use' 7ust compensation' +ue process of law. ob(ect Imposed on persons or property.E POWER 2. 9. Paid for privilege of doing something but privilege is revocable.