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An inherent power is the power of the state that is not expressly written in the
constitution. The state has the following inherent power to wit; 1. Power of taxation 2.
Police power and power of eminent domain
4. What are the requisites for the valid exercise of Police Power?
It is one of the fundamental power of the state, it is also called the power of
expropriation, this is the use of the government of its coercive authority, upon
just compensation, to forcibly acquire the needed private property for public
purpose
6. What is the difference between Police Power and the Power of Eminent
Domain?
UNDER THE POWER OF EMINENT DOMAIN, PHYSICAL POSSESSION AND THE USE OF
PROPERTY IS TAKEN FROM AN OWNER AND TRANSFERRED TO THE PUBLIC for public
use and COMPENSATION OF THE OWNER IS REQUIRED. UNDER THE POLICE POWER,
THE PRIVATE USE OF PROPERTY BY ITS OWNER IS REGULATED OR RESTRICTED BY
THE GOVERNMENT FOR THE PUBLIC welfare. NO COMPENSATION IS REQUIRED
7. What is the distinction between property condemned under police power and
one under eminent domain?
Levy
Assessment and collection
Payment
Refund
16. Distinguish the “power of taxation” from “eminent domain” and “police power”.
The inherent power of the states differ from each other in the following ways.
The police power regulate both liberty and property. The power of eminent
domain and the power of taxation affect only property rights
The police power and power of taxation mat be exercise only by the government
while the power of eminent domain may be exercise by private entities
17. How is the power of taxation used as an implement of the police power?
Taxes may be levied with regulatory purpose to provide means for rehabilitation and
stabilization of a threatened industry which is affected with public interest .
19. What is the determining factor in distinguishing “tax” and “regulation” as a form of
police power”?
20. What are the inherent limitations of taxation?inherent limitation are those that exist
despite absence of an express constitutional provision.
25. What is the rationale of the exemption of government entities from taxation?
Exemption from taxation by government instrumentalities are self imposed limitation,
however, this limitation is valid only to those entities exercising governmental
functions and not to those agencies exercising proprietary functions.