City of Manila v.

Laguio - closing down houses of sin or of ill-repute – Local government

units exercise police power through their respective legislative bodies. Their power
however is subordinate to the

certain constitutional limitations. (related topics: procedural and substantive due

process, equal protection of the laws, deprivation of property)

Moday v. CA – expropriation of one hectare of land – eminent domain – government’s

right to appropriate, in the nature of compulsory sale to the state, private property for
public use. Inheresnt

possessed by the national legislature, it may be validly delegated to local governments.

Roxas and Co. Inc. v. CA – application of the Comprehensive Agrarian Reform Law –
the implementation of the CARL is an exercise of the State’s police power and the
power of eminent domain – to the extent that the CARL prescribes retention limits to the
landowners, there is an exercise of police power for the regulation of private property
but where, to carry out such regulation, the owners are deprived of their own lands they
own in excess of the maximum area ed, there is taking

under the power of eminent domain (related topic: due process – this must be observed
in the exercise of the police power and eminent domain)

LTO v. Butuan – registration of tricycles – LGU’s under the Local Government Code
now have the power to regulate the operation of tricycles for hire and grant franchises
thereof but they are still subject

to the guidelines prescribed by the DOTC. To regulate means to fix, establish or control,
to adjust by rule, method or established mode. Taxation – the power of the government
to raise revenue in order to
support its existence and carry out legislative objectives

St. Luke’s Employee’s Association v. NLRC – radiologic technology – while the right of
the workers to security of tenure is guaranteed by the constitution, its exercise may be
reasonably regulated pursuant to the police power of the state to safeguard health,
morals, peace, education et. al. The regulation is a reasonable method of the protecting
the public from the incompetence and ignorance among those

who would practice such technology.

United BF Homeownes’ v. City Mayor of Paranaque – reclassification from residential to

commercial areas – the city council has the power to enact ordinances for the general
welfare of the municipality

or its inhabitants. Contractual restrictions on the use of property could not prevail over
the reasonable exercise of police power

by CDR

Three inherent powers of the state

1. THREE INHERENT POWERS OF THE STATE

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. 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 all-encompassing 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. 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. 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. 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. 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. Summary:1. Police Power – for public good2. Power of Eminent Domain – for3.
Power of Taxation – for revenu

9. READY FOR QUIZ? ¼ paper…

10. Qu e s t i o n :1. Mo n e y c o n t r i b u t i o n f r o m t h e p e o p l e t o s u p p o r t t
h e n e e d s o f t h e n a t i o n .2. I t i s a p o we r o f St a t e t o f o r c i b l y t a k e p r i
v a t e p r o p e r t y f o r p u b l i c u s e u p o n p a y me n t o f j u s t c o mp e n s a t i o
n .3. I t i s a p o w e r p r o mo t i n g t h e p u b l i c we l f a r e o r p u b l i c g o o d .4. I t
i s a p o we r b y wh i c h t h e s t a t e e x a c t s e n f o r c e d p r o p o t i o n a l from
the people, property and etc… f o r t h e p u r p o s e o f r a i s i n g r e v e n u e s .5. -6.
G i v e t h e 2 t e s t s o f P o l i c e Po we r .7. I t i s c o n s i d e r e d t o b e t h e mo s t
e s s e n t i a l p o w e r a mo n g a l l .8. Gi v e o n e r e q u i s i t e s o f t a k i n g