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 away.

1. Power of Taxation – An inherent power of the state exercised through legislature, to impose
burdens upon subjects and objects within its jurisdiction, for the purpose of 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 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 activities To raise Revenue and

for welfare/Property is To take Property for support of the
As to Purpose
taken for public use Public public use government
purpose Constitution and

As to Exercising Government / Private

Government Government
Authority Entities

The owner is paid the

As to the Amount of Sufficient to cover the costs
fair market value of the No Limit
Imposition of regulation
property expropriated
 None. Compensation here
refers to the intangible,
altruistic feeling
As to Compensation
that the individual has
contributed to
the public good
liberty and
As to Object/Persons property
affected Community or
class of individuals
As to the Non- Superior to the
Impairment “Non-Impairment Clause”
Clause/Relationship of the
with 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.
Compensation is the
Just Compensation – protection and public
the full and fair improvements
equivalent of the instituted by the
property taken. government for the
taxes paid
Property
property rights Community or class
Owner of the property of
individuals
Superior and may Inferior to the “Non-
override the “Non- Impairment Clause”
Impairment Clause” of of
the Constitution the Constitution