3 Inherent Powers of the State: The taking of property in law may include:
1. Police Power; - trespass without actual eviction of the
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.
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.
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powers-of-state-1.html