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3 Inherent Powers of the State: - material impairment of the value of the

property; or 
1. Police Power; - prevention of the ordinary uses for which the
2. Power of Eminent Domain or Power of property was intended.
Expropriation; and  
3. Power of Taxation     The property that may be subject for
appropriation shall not be limited to private
Purpose: property. Public property may be expropriated
provided there is a SPECIFIC grant of authority
1. for public good or welfare - Police Power  to the delegate. Money and a chose in action
2. for public use - Power of Eminent Domain are the only things exempt from expropriation.
3. for revenu - Power of Taxation Although it is also lodged primarily in the
national legislature, the courts have the power to
   inquire the legality of the right of eminent domain
1. POLICE POWER is the power of and to determine whether or not there is a
promoting the public welfare by restraining and genuine necessity therefore.
regulating the use of both liberty and property of
all the people. It is considered to be the most all- 3. POWER OF TAXATION affects only
encompassing of the three powers. It may be property rights and may be exercised only by the
exercised only by the government. The property government. The property taken under this
taken in the exercise of this power is destroyed power shall likewise be intended for a public use
because it is noxious or intended for a noxious or purpose. It is used solely for the purpose of
purpose. raising revenues, to protect the people and
It lies primarily in the discretion of the extend them benefits in the form of public
legislature. Hence, the President, and projects and services (I hope so). Hence, it
administrative boards as well as the lawmaking cannot be allowed to be confiscatory, except if it
bodies on all municipal levels, including the is intended for destruction as an instrument of
barangay may not exercise it without a valid the police power.
delegation of legislative power. Municipal
governments exercise this power by virtue of the It must conform to the requirements of
general welfare clause of the Local Government due process. Therefore, taxpayers are entitled to
Code of 1991. Even the courts cannot compel be notified of the assessment proceedings and
the exercise of this power through mandamus or to be heard therein on the correct valuation to be
any judicial process. given the property. It is also subject to the
general requirements of the equal protection
Requisites of a valid police measure: clause that the rule of taxation shall be uniform
and equitable.
(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 http://lawreal.blogspot.com/2009/06/3-inherent-
over the interests of the few. powers-of-state-1.html
(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 power, upon payment of
just compensation, is needed for conversion to
public use or purpose.

The taking of property in law may include:

- trespass without actual eviction of the owner;

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