I.

INTRODUCTION

B. IMPORTANCE OF UNDERSTANDING THE POLICE POWER

- The main purpose of police power is to ensure citizens’ compliance with the law and maintain
order in a community. In maintaining law and order, the police can use specific means, including
force, to make that happen. Police powers ensure that a state can provide for and protect its citizens.

II. POLICE POWER OF THE LOCAL GOVERNMENT

A. DEFINITION OF POLICE POWER

- One of the inherent powers of the state that has been delegated to the local
government unit including the barangay—the power to enact measures whether
ordinance or resolutions that will promote the general welfare of the barangay
constituents, more specifically to improve the quality of life.
- Characterized as the most pervasive, the least limitable and the most
demanding.
- Generally exercise by the legislature since it is the main repository of state
powers — nonetheless, is delegable to other entities such as the e President,
administrative agencies and the law-making bodies of local governments.
- Lies with the Book 1, Section 16 of the Local Government Code of 1991
which is the General Welfare.

B. EXAMPLES OF POLICE POWER GRANTED TO THE LOCAL GOVERNMENT BY

THE CONSTITUTION AND THE LOCAL GOVERNMENT CODE
Based from the Book 1, Sec. 16 of the LGC of 1991 which is the General
Welfare — the local government units within their territorial shall ensure and
support :
• preservation and enrichment of culture
• promote health and safety
• enhance the right of the people to a balanced ecology
• encourage and support the development of appropriate and self-reliant scientific
and technological capabilities
• improve public morals
• enhance economic prosperity and social justice
• promote full-employment among their residents
• maintain peace and order
• preserve the comfort and convenience of their inhabitants.

C. LIMITATIONS OF POLICE POWER

- Circumscribe by the Article 3, Section 1 of the 1987 PH Constitution which

mandates that, “No person shall be deprived of life, liberty or property
without due process of law, nor any person be denied the equal protection
of rights.”

Thus, jurisprudence is replete with cases which laid down the test to determine
the validity of the exercise of police power as follows: (1) the interests of the
 public generally, as distinguished from those of a particular class, requires its
exercise; and (2) the means employed are reasonably necessary for the
accomplishment of the purpose and not unduly oppressive upon individuals.

D. COMPARISON WITH THE POLICE POWERS OF THE LOCAL GOVERNMENT WITH

NATIONAL GOVERNMENT

IV.

A. CASE STUDIES OF HOW THE LOCAL GOVERNMENT HAS EXERCISED ITS

POLICE POWER
- Generally, a municipality exercises police power by adopting ordinances. A
municipality issues ordinance in order to:

• Promote public welfare;

• Provide for the safety and comfort of its inhabitants; and
• Declare and prevent nuisances

B. CHALLENGES FACED BY THE LOCAL GOVERNMENT IN IMPLEMENTING ITS

POLICE POWER

C. STRATEGIES FOR IMPROVING THE IMPLEMENTATION OF POLICE POWER IN

LOCAL GOVERNMENT