Lex Animo: Inherent Powers of The State

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Inherent Powers of the State

 2016-09-16  administrator
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
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1. Power
Cookie settingsof Taxation –
ACCEPT An inherent power of the state exercised through legislature, to
impose burdens upon subjects and objects within its jurisdiction, for the purpose of
https://www.lexanimo.com/2016/09/16/fundamental-powers-of-the-state/ 1/8
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
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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
Distinction:
Police Power Eminent Domain Taxation
To regulate the
To raise Revenue
activities for
To take Property for and support of the
As to Purpose welfare/Property is
public use government
taken for public use
Constitution and
Public purpose
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As to the Amount Sufficient to cover The owner is paid No Limit
of Imposition the costs of the fair market

regulation value of the
property
expropriated
None.
Compensation is
Compensation here
the protection and
refers to the Just Compensation
public
As to intangible, – the full and fair
improvements
Compensation altruistic feeling equivalent of the
instituted by the
that the individual property taken.
government for the
has contributed to
taxes paid
the public good
liberty and Property

As to property rights
property Community or class
Object/Persons Owner of the
Community or of
affected property
class of individuals individuals
As to the Non-
Superior to the Superior and may Inferior to the “Non-
Impairment
“Non-Impairment override the “Non- Impairment Clause”
Clause/Relationship
Clause” of the Impairment Clause” of
with the
Constitution of the Constitution the Constitution
Constitution
Similarities:
1. They are indispensable to the existence of a state.

2. They are inherent rights which means that they can exist without the constitution.
3. They are the means by which the state interferes with private rights and properties.
4. These powers are generally exercised by the legislature.
5. They contemplate an equivalent compensation or benefit.
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2/4/22, 6:22 PM Inherent Powers of the State | Lex Animo

Home  2016  September  16  Inherent Powers of the State

Inherent Powers of the State

The Inherent powers of the state are as follows:

3. Power of Eminent Domain

raising revenues to carry out the legitimate objects of the government.Nature:

Compensatory Objective – For social justice purposes or other purposes or other

Police Power Eminent Domain Taxation

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of Imposition the costs of the fair market

liberty and Property

1. They are indispensable to the existence of a state.

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