Differences of PP, PED, and PT

Police Power Eminent Domain Taxation

As to regulation regulates both liberty and regulates property rights regulates property
property only rights only
As to who may only the government government and some only the government
exercise private entities
As to the property destroyed because it is noxious -wholesome -wholesome
taken or intended for noxious -taken for a public use or -taken for a public
purpose purpose use or purpose
As to Compensation intangible altruistic feeling that full and fair equivalent of protection and public
the person has contributed to the property expropriated improvements for the
the general welfare taxes paid

In expropriation proceedings (stages of expropriation: 1 st focuses on the determination of the validity of

the expropriation; and 2nd pertains to the determination of just compensation.) In other words, the
value of the land and its character at the time it was taken by the government are the criteria for
determining just compensation. (Philippine National Oil Company v. Maglasang, G.R. No. 155407,
November 11, 2008)

It is fundamental that just compensation should be determined at the time of the property’s taking.
Taking may be deemed to occur, for instance, at the time emancipation patents are issued by the
government. (Land Bank v. Lajom, G.R. No. 184982, August 20, 2014)

THE DETERMINATION OF JUST COMPENSATION is a judicial function (Land Bank of the Philippines v.
Escandor, G.R. No. 171685, October 11, 2010)

The action to recover just compensation from the State or its expropriating agency differs from the
action for damages. The former, also known as inverse condemnation, has the objective to recover the
value of property taken in fact by the governmental defendant, even though no formal exercise of the
power of eminent domain has been attempted by the taking agency.