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.
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Who may exercise the Power of Eminent domain?

The Congress
The President
The local legislative bodies
Certain public corporations (e.g. Land Authority and the MWSS)
Quasi-public corporations (e.g. PLDT and Meralco)

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What are the requisites in exercising the power of eminent

domain?
The property taken must be private property;
The taking must be within constitutional sense;
The taking must be for public use
Just compensation must be paid;
There must be due process of law.

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The following essential requisites must concur before an LGU can

exercise the power of eminent domain:
An ordinance is enacted by the local legislative council
authorizing the local chief executive to exercise the power of
eminent domain;
It is exercised for the public use, purpose and welfare;
There must be payment of just compensation; and
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 be prescribed by
law.
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The following are the requisites or limitations on the power to tax:

Public purpose;
Territoriality;
Uniformity;
Due process and equal protection clause;
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.