The Police Power Definition and Scope Professor Freund: the power of promoting the public welfare by restraining

and regulating the use of liberty and property. *more important than eminent domain and taxation Characteristics 1.the most pervasive, the least limitable, and the most demanding of three powers 2.it may be exercised as long as the activity or the property sought to be regulated has some relevance to the public welfare 3.where the persons act and acquisitions are hemmed-Ratio nale: Salus populi est suprema lexand Sic utere tuo ut alienum non laedas- calls for the subordination of individual benefit to the interests of the greater number. 4.it may not be bargained away through the medium of a contract or a treaty Stobe v. Mississippi: legislature cannot bargain- 1. police power of the State, 2. public health, 3. public morals;lotte rie s- mala prohibita: the rightto stop tem isgovernm en tal, to be exercised at all times by those in power,at their discretion. Inchong v. Hernandez: even the law infringers upon a certain treaty, the treaty is always subject to qualification or amendment by a subsequent lawand the same may never curtail or restrict the scope of the police power ofthe State. 5.dynamic and must move with the moving society it supposed to regulate. 6.it is not deemed exhausted and may be exercised often as it is necessary for the protection or the promotion of public welfare. 7.must conform to every changes of conditions 8. may sometimes use the taxing power as an implement for the attainment of a legitimate police objective Powell v. Pennsylvania: exorbitant tax for a margarine industry which products are being mistaken for butter as well as massage parlors or sauna baths if they are found to be fronts for prostitution. Lutz v. Araneta: legitimate exercise of police power- imposition of a special tax on sugar producers. Association of Small Landowners v. Secretary of Agrarian Reform: the power of eminent domain could be used as an implement of the police power; police power- prescribe retention limits for landowners;emine nt domain- depriving such owners f whatever lands they may own in the

excess of the maximum area allowed. Exercise of the Police Power 1.lodged primarily in the national legislature 2.by virtue of a valid delegation of legislative power, it may also be exercised by the President and administrative boards as well as the lawmaking bodies on all municipal levels, including the barangay Municipal governments- exercise their power under the general welfare clause. 3.no mandamus is available to coerce the exercise of the police power Remedy to legislative inaction- to resort to the bar of public opinion: a refusal of the electorate to return to the legislature members, who, in theirview, have been remiss in the discharge of their duties; political questionsThird remedies as regards to prostitution are questions that only thelegislature can decide in the exercise of its sound discretion. The courts are powerless to intervene and compel decisive action as regards to cigarette smoking as a cause of lung cancer. 4.the ascertainment of facts upon which the police power is to be based is a legislative prerogative Debatable questions are for the legislature to decide. The courts DO NOT sit to resolve the matters on conflicting theories. Jacobson v. Massachusetts: a convicted person cannot question the dubious efficacy of a remedy Eminent Domain Definition and Scope -power of expropriation - the highest and the most exact idea of property remaining in the government that may be acquired from some public purpose through a method in the nature of a compulsory sale to the State Article III, Sec. 9: Private property shall not be taken for public use without just compensation. -should be strictly interpreted against the expropriator and liberally construed in favor of the property owner Who May Exercise 1.TheCongres s 2.The President of the Philippines 3.The various local legislative bodies 4.Certain public corporation; eg. Land Authority, National Housing Authority 5.Quasi-public corporations; eg. Philippine National Railways, PLDT Co., Meralco 1. Destruction from Necessity- may be validly undertaken even by private

individuals -not allowed in eminent domain -cannot require the conversion of the property taken to public use - no need for payment of just compensation Necessity of Exercise- decided by a delegate only of the national legislature; judiciary- whether the expropriation contemplated by the delegate is necessary or wise P a g e | 12 -should be strictly interpreted against the expropriator and liberally construed in favor of the property owner Who May Exercise 1.TheCongres s 2.The President of the Philippines 3.The various local legislative bodies 4.Certain public corporation; eg. Land Authority, National Housing Authority 5.Quasi-public corporations; eg. Philippine National Railways, PLDT Co., Meralco 1. Destruction from Necessity- may be validly undertaken even by private individuals -not allowed in eminent domain -cannot require the conversion of the property taken to public use - no need for payment of just compensation American Print Works v. Lawrence: right of eminent domain- public right, it arises from the laws of society and is vested in the state, or benefitof the state, or those acting under it; right of necessity- under the laws ofsociety or society itself, right of self-defense or self-preservation. Necessity of Exercise- decided by a delegate only of the national legislature; judiciary- whether the expropriation contemplated by the delegate is necessary or wise RP v. La Orden de PP. Benedictinos de Filipinas: condemnation of property is justified only if it is for the public good and there isgenuine necessity therefore of a public character. City of Manila v. Chinese Community: the necessity for conferring the authority upon a municipal corporation to exercise the right of eminentdomain is admittedly within the power of the legislature. But whether or notthe municipal corporation or entity is exercising the right in a particularcase under the conditions

imposed by the general authority is a questionwhich the courts have the right to inquire into.

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