3_inherent_powers_of_the_state.docx

3 Inherent Powers of the State:

The taking of property in law may include:

1. Police Power; 2. Power of Eminent Domain or Power of Expropriation; and 3. Power of Taxation

- 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.

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.

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.

(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.

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.

(b.) Lawful Means – the means employed must be reasonable and must conform to the safeguards guaranteed by the Bill of Rights.

http://lawreal.blogspot.com/2009/06/3-inherentpowers-of-state-1.html

Requisites of a valid police measure:

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.