Inherent Powers of the State

The Inherent powers of the state are as follows:

1. Power of Taxation
2. Police Power
3. Power of Eminent Domain

Inherent defined:
As being inherent, it means that as long as the state exists, this power can never be
taken away.

1. Power of Taxation – An inherent power of the state exercised through

legislature, to impose burdens upon subjects and objects within its jurisdiction,
for the purpose of raising revenues to carry out the legitimate objects of the
government.

Nature:
An inherent power of the state exercised through the legislature.

Scope:
To impose burdens upon subjects and objects within its jurisdiction.

Purpose:
For raising revenue to carry out the legitimate objects of the government

Revenue Objective – To build a just and human society and the establishment
of a government under certain ideals and aspirations.

Sumptuary Objective – An implement of the police power of the state for

regulatory purposes. In this case, it is used in furtherance of any government
objective either as an incentive or deterrence. As an implement, the generation of
revenue is merely incidental or in furtherance thereof. (Lutz v. Araneta, 98 Phil
148).

Compensatory Objective – For social justice purposes or other purposes or

other legitimate objectives of the State, with a view to realize social justice,
equitable distribution of wealth, economic progress and other similar objectives
(Southern Cross Cement Corp. v. Cement Manufacturers Assoc. of the Phils, GR
158540)

2. Police Power – This is the power vested in the Legislature by the Constitution to
make, ordain, and establish all manner of wholesome and reasonable laws,
statutes and ordinances, either with penalties or without, not repugnant to the
 Constitution, for the good and welfare of the State and its subjects.Basis:
This power is based on the legal maxim “salus populi est suprema lex” (the voice
of the people is the supreme law). Every citizen of every community, in a civilized
society must bear certain burdens imposed for the good of all.Note:
No right is absolute in the face of the common good.

Nature:
Police power is an attribute of sovereignty and founded on the obligation of the
State to provide protection for its citizens and the safety and good order of
society.

Scope:
Police power is founded on which our social system rests and has for its object
the improvement of social and economic conditions affecting the community. It
depends on the security of the social order, life and health of citizens, comfort
and existence in a thickly populated community, enjoyment of social life, and
beneficial use of property.

Requisites:
1. Interest of the public is general, not that of pa particular class
2. means used are reasonably necessary for the purpose, and not unduly
oppressive upon individuals

3. Power of Eminent Domain – This is the right of the State to acquire private
property for public use upon payment of just compensation and observance of
due process.

Basis:
It is based on genuine necessity and that necessity must be of public character. It
must be reasonable and practicable such that it would greatly benefit the public
with the least inconvenience and expense to the condemning party ad property
owner consistent with such benefit.

Requisites:
1. There must be taking of public property
2. It must be for public use
3. There must be just compensation
4. Due process of law must be observed in taking of the of property
Inherent powers of the State: PET

1. Police power – the power of the State to enact laws in relation to persons and
property so as to promote public health, public moral, public safety and general
welfare of the people.
2. Power of eminent domain – the power of the State or those to whom the power
has been delegated to take private property for public use upon paying the owner
a just compensation to be ascertained according to law.
3. Power of taxation – the power of the State by which the sovereign raises
revenue to defray the necessary expenses of the government.

Similarities among the three inherent powers of the State: I-CLIC

1. They are inherent in the State.

2. They exist independently of the Constitution.
3. They are legislative in nature and character.
4. They constitute the three methods by which the State interferes with private
rights and property.
5. Each presupposes an equivalent compensation.

Distinction among the three inherent powers of the State: BICE PAPA

As to benefits received:

1. Police power – no direct and immediate benefit, only such as may arise from the
maintenance of a healthy economic standard of society
2. Power of eminent domain – market value of the property taken from the property
owner
3. Taxation – equivalent of tax in the form of protection and benefit.

As to amount of imposition:

1. Police power – limited to the cost of the license and the necessary expenses of
police surveillance and regulation
2. Power of eminent domain – no imposition, the owner is paid the fair market value
of his property
3. Taxation – no limit.

As to relationship to the non-impairment of obligations clause of the Constitution:

 1. Police power – superior to the clause
2. Power of eminent domain – inferior to the clause
3. Taxation – inferior to the clause

As to effect:

1. Police power – no transfer of title, there is restraint on the injurious use of

property
2. Power of eminent domain – there is transfer of the right to property, either
ownership or a lesser right
3. Taxation – taxes become part of public funds

As to purpose:

1. Police power – promote general welfare

2. Power of eminent domain – public purpose
3. Taxation – support of government

As to authority which exercises the power:

1. Police power – government only

2. Power of eminent domain – government, public service companies and public
utilities
3. Taxation – government only.

As to persons affected:

1. Police power – community or class of individuals

2. Power of eminent domain – individual, as owner of a particular property
3. Taxation – community or class of individuals