Professional Documents
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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:
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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 be prescribed by
law.
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