Fundamental Powers of the State

3 Inherent Powers of the State:

1. Police Power;
2. Power of Eminent Domain or Power of Expropriation; and
3. Power of Taxation
Purpose:
1. for public good or welfare - Police Power
2. for public use - Power of Eminent Domain
3. for revenu - Power of Taxation
1. POLICE POWER is the power of promoting the public welfare by restraining
and regulating the use of both liberty and property of all the people. It is considered
to be the most all-encompassing of the three powers. It may be exercised only by the
government. The property taken in the exercise of this power is destroyed because it
is noxious or intended for a noxious purpose.
It lies primarily in the discretion of the legislature. Hence, the President, and
administrative boards as well as the lawmaking bodies on all municipal levels,
including the barangay may not exercise it without a valid delegation of legislative
power. Municipal governments exercise this power by virtue of the general welfare
clause of the Local Government Code of 1991. Even the courts cannot compel the
exercise of this power through mandamus or any judicial process.
Requisites of a valid police measure:
(a.) Lawful Subject the activity or property sought to be regulated affects the public
welfare. It requires the primacy of the welfare of the many over the interests of the
few.
(b.) Lawful Means the means employed must be reasonable and must conform to the
safeguards guaranteed by the Bill of Rights.
2. POWER OF EMINENT DOMAIN affects only property RIGHTS. It may be
exercised by some private entities. The property forcibly taken under this
power, upon payment of just compensation, is needed for conversion to public use
or purpose.
The taking of property in law may include:
trespass
without
actual
eviction
of
the
owner;
material
impairment
of
the
value
of
the
property;
or
- prevention of the ordinary uses for which the property was intended.

The property that may be subject for appropriation shall not be limited to private
property. Public property may be expropriated provided there is a SPECIFIC grant of
authority to the delegate. Money and a chose in action are the only things exempt
from expropriation.
Although it is also lodged primarily in the national legislature, the courts have the
power to inquire the legality of the right of eminent domain and to determine whether
or not there is a genuine necessity therefore.
3. POWER OF TAXATION affects only property rights and may be exercised
only by the government. The property taken under this power shall likewise be
intended for a public use or purpose. It is used solely for the purpose of raising
revenues, to protect the people and extend them benefits in the form of public
projects and services (I hope so). Hence, it cannot be allowed to be confiscatory,
except if it is intended for destruction as an instrument of the police power.
It must conform to the requirements of due process. Therefore, taxpayers are
entitled to be notified of the assessment proceedings and to be heard therein on the
correct valuation to be given the property. It is also subject to the general
requirements of the equal protection clause that the rule of taxation shall be uniform
and equitable.

Inherent Powers of the Government

Power of Eminent Domain - Eminent domain is the right or power of a sovereign state to appropriate
private property to particular uses to promote public welfare. It is an indispensable attribute of
sovereignty; a power grounded in the primary duty of government to serve the common need and advance
the general welfare.

Police Power is the power of the government to regulate behaviors and enforce order within its territory,
often framed in terms of public welfare, security, health, and safety. The exercise of police power can be in
the form of making laws, compelling obedience to those laws through physical means with the aim of
removing liberty, legal sanctions, or other forms of coercion and inducements.

Power of Taxation the power to impose and collect taxes and charges on individuals, goods, services,
and other to support the operation of the government.

Funds provided by taxation have been used by states and their functional equivalents throughout history
to carry out many functions. Some of these include expenditures on war, the enforcement of law and
public order, protection of property, economic infrastructure (roads, legal tender, enforcement of
contracts, etc.), public works, social engineering, and the operation of government itself. Governments

also use taxes to fund welfare and public services. These services can include education systems, health
care systems, pensions for the elderly, unemployment benefits, and public transportation. Energy, water
and waste management systems are also common public utilities.