MODULE 3: Three Inherent

Powers of the state

Introduction

This session is designed to guide you in analyzing

the Three Inherent Powers of the State.

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Pol. Sci. 101: Fundamentals of Political Science
 THREE INHERENT POWERS OF THE STATE

The three (3) fundamental powers of the State:

1. Police power;
2. Power of Eminent Domain and
3. Power of Taxation

Note: these powers are inherent because they need not be expressly conferred by
constitutional provision as they are supposed to co-exist with the State. The moment the
State comes into being it is deemed invested with these powers as its innate attributes.

Police Power
- Police Power is the inherent power and constitutional authority of the government
to adopt and enforce regulations and laws to promote public health, safety, morals,
and general welfare.

In essence, it is an authority derived from individual state constitutions, which

also vest the power in counties, cities, and municipalities to adopt and enforce
appropriate local ordinances and regulations that are not in conflict with general
laws.

Some examples of police power are:

- the right to require persons selling real estate to be licensed
- the right to regulate pollution, environmental control, and rent control.

Traditional concepts of police power have been broadened in recent years to

include the furtherance of the aesthetic beauty of the community. For example,
courts have upheld an ordinance restricting advertising in state parks and have
upheld the regulation of the appearance of a community through design review
boards.

Also derived from police power is the right to damage or destroy private property
without compensation to the owner when it is necessary to protect the public
interest. This may happen, for example, when a condominium unit is on fire and
the fire department must destroy an adjoining unit to extinguish the fire and
save the rest of the building.

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Pol. Sci. 101: Fundamentals of Political Science
 Although the government would not be required to compensate an owner for such
destruction, a valid claim may be filed against the insurance policy covering the
burning unit or against the owner's own policy.

Characteristics of Police Power

The police power is considered the most pervasive, the least limitable and the
most demanding of the three powers.
- “Salus Populi est Suprema Lex” or “the welfare of the people is the Supreme
Law.”

The police power is dynamic, not static and must move with the moving society
it is supposed to regulate.
- Being dynamic, police power can be exercised again and again, as often as it
is necessary for the protection or the promotion of the public welfare.

Example of Police Power Laws:

On Public morals. Those punishing public scandal, vagrancy and prostitution;
prohibiting illegal gambling, and the like.

General Welfare and convenience. Those penalizing the turning loose of large
cattle or permitting them to run loose in streets and plazas of municipalities;
regulating prices of commodities; regulating distances between gasoline
stations among others.

Public health. Those providing paternity and maternity leave for working men
and women respectively; those regulating the medical profession and the like.

Power of Eminent Domain

- The power of the state to take private property for public use upon payment of
just compensation.

Requisites of Taking the Property:

Necessity. When the power is exercised by legislature, the question of necessity is
generally a political question, but when exercised by a delegate, the determination
of whether there is genuine necessity for the exercise is a justifiable question.

Private property. Anything that can come under the dominion of man or can be
subject of contract is subject to expropriation.

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Pol. Sci. 101: Fundamentals of Political Science
 Just compensation. A full and fair equivalent of property taken from the private
owner by the expropriator. The compensation to be just must be fair not only to the
owner but also to the expropriator.

Factor to be considered in arriving at the fair market value of the property

are the following:
• The cost of acquisition;

• The current value of properties;

• Its actual or potential uses and

• The size, shape or location and the tax declaration.

Power of Taxation
- The power of the state to impose and collect revenues for the operation of the
government.

What are taxes?

Taxes are the enforced proportional contributions from persons and property levied
by the State by virtue of its sovereignty, for the government and for all public needs.

What is the scope of taxation?

The power of taxation is regarded as supreme, unlimited and comprehensive. It is
so pervasive that it reaches even the citizen abroad and his income earned from
sources outside.

What is the purpose and importance of taxation?

The purpose of taxation is undoubtedly to raise revenues of funds to support the
Government and its services.

Taxation is also utilized as a tool to carry out the national objective or social and
economic development.

The importance of taxation derives from the unavoidable obligation of the

government to protect the people and extend them benefits in the form of public
projects and services.

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Pol. Sci. 101: Fundamentals of Political Science