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