Inherent

Power of
the State
 Inherent Power of the State

1.Police Power;
2.Power of Eminent
Domain or Power of
Expropriation; and
3.Power of Taxation
 Inherent Power of the State
Purpose:
1. for public good or
welfare - Police Power
2. For public use - Power
of Eminent Domain
3. For revenue - Power of
Taxation
 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.
 POLICE POWER
• 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.
 POLICE 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:
• 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.
• Lawful Means
the means employed must be reasonable
and must conform to the safeguards
guaranteed by the Bill of Rights.
• Additional limitations when police
power is exercised by a virtue of valid
delegation:
Requisites of a valid police
measure:
• Additional limitations when police power is
exercised by a virtue of valid delegation:
Express grant by law
Within the territorial limits of enacting body
Must not be contrary to law
The President
Law making bodies of the local government units
Administrative Bodies
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.
Who may exercise the power
of expropriation?
• The Congress
• The President
• The various local legislative bodies
• Certain public corporations: Land
Authority, MWSS
• Quasi-public corporations: PLDT, Meralco
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.
 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.