POWER

A PRESENTATION BY GROUP 2
 MEMBERS:

LEI MITCHELLINE L. CONDINO

ERHOLD CYRUS MANAPAT
RONALD CABARLES
POWER
POWER
Power is might: it is manifested
in the ability to do something
that is desired.
 SIMPLE EXAMPLE

It can also be felt when a

movement, like how a CEO can
control the management
department’s decision.
POWER

Power therefore implies

CONTROL.
POWER
Power therefore implies
CONTROL.
Those in control can dictate the manner in
which other people act which may not have
been the latter’s choosing
POWER
Confer punishment
Bestow Reward
Without Compulsion – It is
influence and not Power
HOW
POWER IS
EXERCISED
HOW POWER IS EXERCISED
There is the element of compulsion

People act according to what you want.

HOW POWER IS EXERCISED

Decision Making

Agenda Setting

Thought Control
HOW POWER IS EXERCISED

POWER AS
DECISION
MAKING
POWER AS DECISION MAKING

The exercise of power often involves

decision making. In any organization,
the leaders are empowered to make
decisions.
POWER AS DECISION MAKING

The decisions are enforced to the

members of the organization through
what Keith Boulding (1989) describes as
force or intimidation (the stick),
POWER AS DECISION MAKING

productive exchanges involving mutual

gain (the deal), or the creation of
obligations, loyalty, and commitment
(the kiss).
HOW POWER IS EXERCISED

POWER AS
AGENDA
SETTING
POWER AS DECISION MAKING

Power may also be exercised through

what Bachrach and Baratz (1962)
describe as the capacity to prevent the
making of decisions, or “non-decision
making”.
POWER AS DECISION MAKING

Under Section 21 of Article IV of the

1987 Constitution, the Senate or the
House of Representatives may conduct
“Inquiries in aid of legislation”
HOW POWER IS EXERCISED

POWER AS
THOUGHT
CONTROL
POWER AS DECISION MAKING

Power may also be seen through the

capacity to shape a person’s thought,
wants, or needs.

•Ideological brainwashing
•Psychological Control
TYPES OF
POWER
TYPES OF POWER
• POLICE POWER

• THE POWER OF
EMINENT DOMAIN

• THE POWER OF
TAXATION
TYPES OF POWER
POLICE POWER OF POWER OF
EMINENT TAXATION
POWER DOMAIN

As to Regulates Affects only Affects

subject both liberty property only
and property. rights. property
rights.
TYPES OF POWER
POLICE POWER POWER OF EMINENT POWER OF TAXATION
DOMAIN

As to who Exercised only Exercised by the Exercised

exercises National
by the Government, Local
only by the
Government. gov. units, and gov.- government.
owned or controlled
corporations
pursuant to their
charters.
TYPES OF POWER
POLICE POWER POWER OF EMINENT POWER OF TAXATION
DOMAIN

As to Property taken is Property is Property is

property often harmful to the wholesome or not wholesome but is
taken public or intended harmful to the being taken as a
for a harmful public but is being means of
purpose and may taken for public use sustaining the
thus be destroyed. or purpose. operations of
government.
TYPES OF POWER
POLICE POWER POWER OF EMINENT POWER OF TAXATION
DOMAIN

As to Compensation is Compensation Compensation is the

compensati intangible, an is the full and protection given and
on altruistic feeling fair equivalent public improvements
that the individual instituted by
has contributed to of the property government for the
the public good. taken. taxes paid.
TYPES OF POWER

• POLICE
POWER
POLICE POWER

Is defined as the power inherent in the State

to regulate liberty and property for the
promotion of the general welfare.
SCOPE AND
CHARACTERISTICS
OF POLICE POWER
SCOPE AND CHARACTERISTICS
OF POLICE POWER

The most pervasive

The least limitable
The most demanting
SCOPE AND CHARACTERISTICS
OF POLICE POWER

Latin Maxims: salus populi suprema lex

(the welfare of the people is the supreme
law) and sic utere tuo ut alienum non laedas
( use your own property in such a manner as
not to injure that of another).
SCOPE AND CHARACTERISTICS
OF POLICE POWER

Police Power legislation is applicable not

only to future contracts, but equally to those
already in existence.
SCOPE AND CHARACTERISTICS
OF POLICE POWER
Safeguard health;
Morals
Peace
Education
Order
Safety
The general welfare of people
SCOPE AND CHARACTERISTICS
OF POLICE POWER
A driver’s license is not a property right, but
a privilege granted by the state, which may
be suspended or revoked by the State in the
existence of its Police Power.
TYPES OF POWER

• POWER OF
EMINENT
DOMAIN
POWER OF EMINENT DOMAIN

Eminent Domain is the inherent right of the

state (and of those entities to which the
power has been lawfully delegated) to
condemn private property to public use upon
payment of just compensation.
CONDITIONS FOR EXERCISE
OF EMINENT DOMAIN;
• The adequacy of the
compensation
• The necessity of the taking
and;
• The public-use character of the
purpose of the taking
THE MEASURE
OF JUST
COMPENSATION
THE MEASURE OF JUST COMPENSATION

Just compensation is defined as the full and

fair equivalent of the property taken from its
owner by the expropriator.

The measure is not the taker’s gain, but the

owner’s lost.
THE MEASURE OF JUST COMPENSATION

Just Compensation is decided upon court.

Objective and can’t be influenced by the

court’s own judgement.
CONSTITUTIONAL BASIS
FOR THE EXERCISE OF
EMINDENT DOMAIN
CONSTITUTIONAL BASIS FOR THE
EXERCISE OF EMINDENT DOMAIN

Section I, Article III of the 1987

Constitution states that “No person shall be
deprived of life, liberty, or property without
due process law, nor shall any person be
denied the equal protection of the laws.”
CONSTITUTIONAL BASIS FOR THE
EXERCISE OF EMINDENT DOMAIN

Section 9 of the same Article also provides

that “Private property shall not be taken for
public use without compensation.”
CONSTITUTIONAL BASIS FOR THE
EXERCISE OF EMINDENT DOMAIN

Before lands of public domain become private

property, their acquisition, development,
possession, and lease are subject to the
requirements of Agarian reform (better known
as LAND REFORM) under Section 3, Article
XII of the 1987 Charter.
PUBLIC PURPOSE OR
PUBLIC USE: FROM THE
LITERAL TO LIBERAL
PUBLIC PURPOSE OR PUBLIC USE:
FROM THE LITERAL TO LIBERAL

There has been a shift from a literal to a

broader interpretation of “public purpose” or
“public use” for which the power of eminent
domain may be exercised.
PUBLIC PURPOSE OR PUBLIC USE:
FROM THE LITERAL TO LIBERAL

The OLD concept was that the condemned

property must be actually used by the
general public.

E.g. roads, bridges, public plazas, etc.

Requires “PUBLIC USE”

PUBLIC PURPOSE OR PUBLIC USE:
FROM THE LITERAL TO LIBERAL

The NEW concept, “public use” means

Public advantage, convenience, or benefits
which tends to contribute to the general
welfare.

E.g. Resort complex for for tourist or

housing project.
INTERWINING OF POLICE
POWER AND EMINENT
DOMAIN
INTERWINING OF POLICE POWER AND
EMINENT DOMAIN

Property condemned under POLICE

POWER is ‘noxious’ or intended fro a
‘noxious’ purpose, such as building on a
verge of collapse, which should be
demolished for the public safety, destroyed
in the interest of public morals.
INTERWINING OF POLICE POWER AND
EMINENT DOMAIN

The confiscation of such (under police

power) property is not compensable. Unlike
the taking of property under the power of
expropriation, which requires the payment of
just compensation to the owners.
WHO MAY EXERCISE
THE POWER OF
EMINENT DOMAIN
WHO MAY EXERCISE THE POWER OF
EMINENT DOMAIN

The power of eminent domain is lodged in

the legislative branch of government, which
may delegate the exercise thereof to local
government units (LGU),other public
entitles, and public utilities
WHO MAY EXERCISE THE POWER OF
EMINENT DOMAIN

The President shall determine when it is necessary or

advantageous to exercise the power of eminent domain
in behalf of the National Government,and direct the
Solicitor General,whenever he deems the action
advisable,to institute expropriation proceedings in the
proper court.
WHO MAY EXERCISE THE POWER OF
EMINENT DOMAIN

The local government may also exercise the

power to expropriate private property only when
authorized by Congress and subject to the latter’s
control and restraints,imposed “through the law
conferring the power or in other legislations”.
WHO MAY EXERCISE THE POWER OF
EMINENT DOMAIN

Section 19 of RA No.7160,the Local Government

Code of 1991”,delegates to LGUs the power of
eminent domain and also lays down the parameters
of its exercise.
REQUISITIES FOR THE
LGUs EXERCISE OF THE
POWER OF EMINENT
DOMAIN
REQUISITIES FOR THE LGUs EXERCISE
OF THE POWER OF EMINENT DOMAIN

The ff essential requisites must occur between an LGU can

exercise the power of eminent domain:

1.An ordinance is Is enacted by the local legislative council of the

rising the chief executive on behalf of the LGU,to exercise the
power of eminent domain or pursue expropriation proceedings
over a particular private property.
REQUISITIES FOR THE LGUs EXERCISE
OF THE POWER OF EMINENT DOMAIN

2. The power of eminent domain is exercise for public

use,purpose and welfare for the benefit of the poor and
the landless

3. There is a payment of just compensation Section 9

Article 3 of the Constitution and other pertinent laws.
REQUISITIES FOR THE LGUs EXERCISE
OF THE POWER OF EMINENT DOMAIN

4. A valid and definite offer has been previously

made to the owner of the property sought to be
expropriated but said offer was not accepted.
LIMITS TO THE
EXERCISE OF THE
POWER OF EMINENT
DOMAIN
LIMITS TO THE EXERCISE OF THE
POWER OF EMINENT DOMAIN

The power of eminent domain is not without its

limits;first,the taking must be for public use and
second that just compensation must be given to
the private owner of the property.
LIMITS TO THE EXERCISE OF THE
POWER OF EMINENT DOMAIN

In determining “public use” two approaches are

utilized:the first is public employment or the
actual use by the public; the second is public
advantage or benefit.
POWER OF TAXATION
POWER OF TAXATION

 Taxation is the power of the state to assess and

collect taxes.

 These are necessary to run the government.

 POWER OF TAXATION

 Indeed,taxes are the lifeblood of the nation.Without them

operations of the government would grind a halt.Taxes have been
with us since the time of Jesus,when Christ was asked whether a
taxes should be paid he said: “Render unto Caesar’s what is
Caesar’s.Indeed, taxes are certainty,explaining the aphorism that
“two things are certain in life: death and taxes”.
THE PURPOSE OF
TAXATION
THE PURPOSE OF TAXATION

 Taxes are imposed and collected to enable

the government to pay its debts,provide for
the defense of the state and promote
general welfare.
THE PURPOSE OF TAXATION

 The scope of “general welfare” is so broad that

there can be endless uses to which taxing power
can be applied. The state employing its dave is
also not limited by the practice of taxation in
other states.
THE PURPOSE OF TAXATION

 The state imposes taxes for the following reasons:(1) to raise

revenue ,(2)to regulate and (3) to protect.

 Without the revenues from taxes the government would be at a

standstill.The government must take care,however,not to
overtax citizenry.Otherwise,it would be oppressive and serve
as “the power to destroy”.
THE PURPOSE OF TAXATION

 Taxation can also be employed to regulate activities

deemed inimical to public welfare.For one thing the
government regularly increases the taxes on cigarettes and
alcohol because of their harmful effects on humans.Called
“sin taxes”,these are levied to discourage the consumption
of cigarettes and alcohol.
THE LIMITS OF
TAXATION
THE LIMITS OF TAXATION

 The 1987 Constitution states that the “rule of

taxation shall be uniform and equitable”.These
are considered limitations on the taxing
power.Uniformity simply means geographical
uniformity: tax should be applicable throughout
the country.
THE LIMITS OF TAXATION

 In other words, as one goes up in the income tax

rate increases.A greater tax collection from the
upper income bracket would make possible an
equitable distribution of wealth as the revenues
can be used for the promotion of general
welfare.
POWER EXERCISED BY
POLITICAL LEADERS
POWER EXERCISED BY POLITICAL
LEADERS

 The power exercised by our political leaders

emanates from the authority conferred to them
by the law.If their actions are beyond the scope
of the authority the courts may,in a proper case
declare such act as without legal effect.
POWER EXERCISED BY POLITICAL
LEADERS

 Those assailing the regularity of official

action have the burden of showing that is is
illegal.This is especially true if the act
being questioned was performed by the
President.
POWER EXERCISED BY POLITICAL
LEADERS

 The President is clothed with executive power.

There is,however,no definition of what
executive power is under the Constitution,
although the fundamental law of the land gives
us examples of the President’s executive
powers.
POWER EXERCISED BY POLITICAL
LEADERS
These powers are the ff:

1.the power of control over all executive departments,bureaus and

offices;
2.the power to execute the laws;
3.the appointing powers;
4.the power under the commander-in-chief clause;
5.the power to grant reprieves,commutations and pardons;
POWER EXERCISED BY POLITICAL
LEADERS

6.the power to grant amnesty with the concurrence of Congress;

7.the power to contract or guarantee foreign loans;
8.the power to enter into treaties or international agreements;
9.the power to submit the budget to Congress;and
10.the power to address Congress.
POWER EXERCISED BY POLITICAL
LEADERS

 There was a provision for a strong Philippine President

under the 1935 Constitution with broader powers than
the US President. The parliamentary form of
government was adopted by the 1973 Constitution
which initially made the President a mere figurehead.
POWER EXERCISED BY POLITICAL
LEADERS
 The President can enforce the constitutional principles that “the
prime duty of the government is the serve and protect the people”
and that “the maintenance of peace and order,the protection of
life,liberty and property and the promotion of the general welfare
are essential for the enjoyment by all the people of the blessing
of democracy”.
POWER EXERCISED BY POLITICAL
LEADERS

 The law government code has also granted powers to the local chief
executives,the municipality mayors and provincial governors are empowered
to:
1.Exercise the general supervision and control over all
programs,projects,services and activities of the LGU.
2. enforce all laws and ordinances and implement all LGU
programs,project,services and activities.
POWER EXERCISED BY POLITICAL
LEADERS
3. initiate and maximize the generation of resources and revenues
and apply them to priorities defined in the LGC;
4. ensure the delivery of basic services;
5. exercise has powers and performs as other duties as may be
prescribed by law or ordinance(Section 444,455,465,LGC).
THE CONSEQUENCES
OF POWER
THE CONSEQUENCES OF POWER

 Power implies control and not merely

supervision. Official who are in control
at the ones who prescribe the rules on
how an act is to be performed or done.
THE CONSEQUENCES OF POWER

 Officials who merely supervise do not possess

such directions. Supervising officials only have
to make sure that the rules are followed. They
do not make the rules and therefore cannot
modify to replace them.
THE CONSEQUENCES OF POWER

“With power comes great

responsibility”.
THE CONSEQUENCES OF POWER

 If responsibility is taken lightly or

disregarded, then no good result can be
expected from the exercise of power. This
is especially true with political power
THE CONSEQUENCES OF POWER

 In the Philippines,political power is often wielded by the

President.Political leaders gravitate toward the chief
executive of the country.Those who buck the power
structure often find themselves left out in the cold.They
cannot expect the support and assistance of the national
government.
THANK YOU PO!