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1. What are the inherent powers of the state?

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

2. What is Police Power?


The most powerful tool of the state in regulating liberty is police power. Generally,
police power is that inherent and plenary power of the State which enables it to
prohibit all things hurtful to the comfort, safety and welfare of society

3. What are the basic limitations on the exercise of Police Power?

the State's police power is limited by specific rights


guaranteed by the Constitution which include the necessity of
a legitimate public purpose and reasonable exercise of their
power.

4. What are the requisites for the valid exercise of Police Power?

The requisites are as follow, 1. A lawful subject and 2. A lawful method.


A law must have a reasonable purpose and a reasonable means of achieving
the same for it to be valid exercise of police power.

5. What is the power of Eminent Domain?

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?

8. When does regulation of property require compensation?

9. May the Power of Eminent Domain be used as an implement of Police Power?


Discuss.
Generally the government must pay just compensation for any property taken
for public use, and that power is called power of eminent domain. However,
the other form of taking is called regulatory taking which does not requires
compensation and the use of such property is restricted otherwise it would be
injurious to the public welfare.

10. What is taxation?


The process by which the government through its law making body races revenue to
defray the expenses of the government.

11. What is the rationale of taxation?


The symbiotic relationship is the rationale of taxation, and should dispel the
notion that it is an arbitrary method of exaction by those in the seat of power.

12. What is the nature of the power of taxation?

The nature of the power of taxation are as follows,


It is an inherent attribute of sovereignty
It is legislative in character
It is subject to constitutional limitation

13. What are the stages or aspects of taxation?

Levy
Assessment and collection
Payment
Refund

14. What are the characteristics of the taxing power?


Comprehensive
Unlimited
Plenary
Supreme

15. How is the power to tax a “power to destroy”?


Having characterize as unlimited, this power has no limits except those
provided by the legislature which imposes the tax on the constituency who is
to pay it. Therefore it should be exercised with caution to minimize injury to
the proprietary rights of a taxpayer

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 .

18. How is police power used as an implement of the power of taxation?


If the primary purpose is to raise revenue, fess may be regarded as taxes even
though they also serve as an instrument of regulation.

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.

Taxes must be enacted for public use


International comity
Taxes are legislative in nature
Non delegability of the taxing power
Government entities are exempt
Situs

21. What is the effect of a violation of the inherent limitations of taxation?


The effect of such violation would tantamount to taking without deue process of
law,which will have the effect of being unconstitutional.

22. When is tax considered for “public purpose”?


When the tax collected is used to by our government to serve and to protect the life
liberty and property and the promotion of general welfare which is essential for the
enjoyment by all the people.

23. What is the principle of international comity?


24. What is the rule on non-delegability of the power to tax?
One of the nature of taxation is that it is purely legislative in character, therefore,
applying the rule in constitutional law that the power conferred by law to the
legislature to make tax law cannot be delegated by that body to any other body or
authority subject of course to exceptions.

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.

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