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THE THREE INHERENT POWERS OF THE STATE

POLICE POWER
It is the sovereign power to promote and protect the general welfare. It is the most pervasive and the least limitable of the three powers of the state, the most
essential, consistent and illimitable which enables the State to prohibit all hurtful things to the comfort, safety and welfare of the society.

It also refers to the power vested in the legislature by the Constitution to make, ordain, establish all manner of wholesome and reasonable laws, statutes, or
ordinances, either with penalties, or without, nor repugnant to the constitution, as they shall be judge to be for the good and welfare of the state and the subjects.

Police power is an inherent attribute of sovereignty. It can exist even without reservation in the constitution. It is based on necessity as without it, there can be no
effective government. It is also referred to as the law of overwhelming necessity.

What is the basis of the exercise of the police power of the state?
The exercise of police power is founded on the basic principles of salus populi est suprema lex (the welfare of the people is the supreme law) and sic utere tu et
alienum non laedas (so use your property so as not to impair another)

Who has the ultimate power to determine the necessity and the means of exercising the police power of the state?
Congress has the ultimate power, because it is the judge of necessity, adequacy, reasonableness and wisdom of any law. The congress is the constitutional
repository of police power and exercise the prerogative of determining the policy of the state.

Limitations in the exercise of Police power
1. Due process clause
2. Equal protection clause

The basic purposes of Police Power are:

1. To serve the general welfare, comfort and convenience of the people;
2. To promote and preserve public health;
3. To promote and protect public safety;
4. To maintain and safeguard public order;
5. To protect public morals; and
6. To promote the economic security of the people.

POWER OF EMINENT DOMAIN
It is an inherent power of the state that enables it to forcibly acquire private property, which is intended for public use, upon the payment of just compensation. It is
based on political necessity; it is inseparable from the state unless it is denied to it by its fundamental law.

Condemnation of private property is justified only if it is for the public good character. It is the courts of law that have the power to determine whether there is
necessity therefore. Also called the power of expropriation, eminent domain is described as the highest and most exact idea of property remaining in the
government that may be acquired for some public purpose through a method in the nature of a compulsory sale to the state.

Who may exercise the Power of Eminent domain?
1. The Congress
2. The President
3. The local legislative bodies
4. Certain public corporations (e.g. Land Authority and the MWSS)
5. Quasi-public corporations (e.g. PLDT and Meralco)

What are the requisites in exercising the power of eminent domain?
1. The property taken must be private property;
2. The taking must be within constitutional sense;
3. The taking must be for public use
4. Just compensation must be paid;
5. There must be due process of law.

The following essential requisites must concur before an LGU can exercise the power of eminent domain:
1. An ordinance is enacted by the local legislative council authorizing the local chief executive to exercise the power of eminent domain;
2. It is exercised for the public use, purpose and welfare;
3. There must be payment of just compensation; and
4. A valid and definite offer has been previously made to the owner of the property south to be expropriated.

Taking may not only include the import of a physical possession of the owner, as when he is ousted from his land or relieved of his watch or car but also covers
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 following cases constitute taking:
Where a farmland is inundated because of the construction of a damn nearby, the owner who is prevented from planting on the land.
Where government planes fly over private property at such a low altitude as to practically touch the tops of the trees.
A municipal ordinance prohibiting construction of any building that would destroy the view of the plaza from the highway.

Query: A building which is on the verge of collapse was ordered to be demolished. The owner objected thereto since the demolition constitutes taking without
payment of just compensation. Is the contention of the owner correct?

Answer: No, the demolition of the building is done in the exercise of police power. It is intended to further the interest of the public as the structure is susceptible to
harm the public, in case it collapses. Hence, the owner is not entitled to compensation.

Query: An ordinance was passed requiring private cemeteries to reserve 6% of their total areas for the burial paupers. The owners of the private cemeteries demand
payment of just compensation because the ordinance sought to deprive them of their property. However, the city invoked that such ordinance was done in the
exercise of their police power under the general welfare clause. Is the argument of the city tenable?

Answer: No, although there was taking of private property for public use, nevertheless, it was done without payment of just compensation. Hence, it violates the
principles governing eminent domain. The taking of property under the police power is sought to be destroyed.

Just compensation is the full and fair equivalent of the property taken from the private owner by the expropriator. The measure of this compensation is not the
takers gain but the owners loss.

POWER OF TAXATION
It is the inherent power of the state to raise revenues to defray the expenses of the government or for any public purpose. This can be done through the
imposition of burdens or imposition on persons, properties, services, occupations or transactions.

The importance of taxation derives from the unavoidable obligation of the government to protect the people and extend them benefits in the form of public
projects and services. Taxation is based on necessity and the reciprocal duties of protection and support between the state and those that are subject to its authority.

Who may exercise the power of taxation?
It is the Congress who exercises the plenary power to tax. However, it may be delegated by congress to local government units under such terms and conditions
as may prescribed by law.

The following are the requisites or limitations on the power to tax:
1. Public purpose;
2. Territoriality;
3. Uniformity;
4. Due process and equal protection clause;
5. Constitutionally exempt properties cannot be taxed;
6. In the assessment and collection of certain kinds of taxes, notice and opportunity for hearing must be provided.

SIMILARITIES OF THE POWERS OF THE STATE
They are inherent in the state and may be exercised without need of
express constitutional grant.
They are not only necessary but indispensible.
They are methods by the state by which the State interferes with
private rights.
They all presuppose an equivalent compensation for the private rights
interfered with.
They are exercised primarily by the legislature.
Features of taxation
It is compulsory
It is proportionate to ones ability to pay
It is payable in money
Taxes are imposed by the sate
The Three Inherent Powers of the State Compared
SIMILARITIES OF THE POWERS OF THE STATE
The police power regulates both liberty and property. The power of
eminent domain and the power of taxation affect only property rights.

Only the government may exercise the police power and the power of
taxation. The power of eminent domain may be exercised by some
private entities.

The property taken in the exercise of the police power is destroyed
because it is noxious or intended for noxious purpose. The property
taken under the power of eminent domain and taxation is intended for
public use and is therefore wholesome.

The compensation of the person subject to the police power is the
intangible altruistic feeling that he has contributed to the general
welfare. The compensation involved in the other powers is more
concrete, to wit, a full and fair equivalent of the property expropriated
or protection and public improvements for the taxes paid.