upon the parties willing but not

compelled to enter into a contract of

sale.

INHERENT POWERS OF
STATE
POLICE POWER
-

The power of the state to enact and

enforce laws and to regulate the
property in the proportion of the
general welfare of the people.

To serve and
disrespect.

to

protect

not

to

Characteristics of Police Power

Considered as the most pervasive, the

least
limitable,
and
the
most
demanding of the three powers.
Salus populi est suprema lex, [The
welfare of the people is the supreme
law]
Sic utere tuo ut aliexium non laedas,
[to use your property so as not to
injure others]
Dynamic, not static and must move
with the moving society it is to
regulate.
Police power may sometimes use
taxing power as an implement for the
attainment
of
legitimate
police
objective.

Examples of Police Police power

Public morals
General welfare and convenience
Public safety
Public health

POWER OF EMINENT DOMAIN

-

This power enables the state to take

private property for public use upon
payment
of
just
compensation
(fair/balance/based on existing market
value).
Also known as power of expropriation,
is the highest and most exact idea of
property
remaining
in
the
government that may be acquired for
some public purpose through a
method. (See Article 3, Section 9)

Requisites of taking Property

a. Necessity
b. Private Property Anything that can
come under the dominion of man or
can be the subject of contract is
subject to expropriation.
c. Just Compensation described as a
full and fair equivalent of property
taken from the private owner by the
expropriator. The basic market value
of the property that may be agreed

POWER OF TAXATION
-

It is the power of the state to impose

and collect revenues for the operation
of the government.

Constitutional Limitations of Taxation

The power of taxation is subject
constitutional and inherent limitations.

to

a. Territory w/c requires that the person

or property taxed must be subjected
to the jurisdiction of taxing State.
b. International comity under which the
property of the foreign state may not
be taxed by another.
c. Exemptions of the governmental
agencies
performing
government
function.
d. Prohibition against the delegation of
legislative power
e. The levy taxes must be for the public
purpose.
Basic Principles of Sound Tax System
a. Fiscal Adequacy This means that the
sources of revenue should be efficient
to meet the demands of public
expenditures.
b. Equality or theoretical justice the tax
burden should be proportionate to the
tax payers ability to pay (a.k.a. ability
to pay principle).
c. Administrative Feasibility this means
that the tax laws should be capable of
convenient,
just
and
effective
administration.
Rights and obligation of the State
1. The right to exist as a sovereign
political
entity
the
most
comprehensive right of the state. The
other general rights were derived from
this right.
2. The right to independence this is
the right to manage its internal and
external affairs without the dictates or
the interference of the other states.
3. The right to equality it pertains to
the legal equality only.
4. The right to property and domain
it is the right of the state to enjoy
absolute ownership to the territorial
and non-territorial possessions of the
state.
5. The right to jurisdiction is the
power of the state to exercise full
authority to its subjects and to
material possessions of the state.
Subjects include citizens and aliens
while material possessions include,
land fluvial and aerial domain.

Theories of the origin of the state

Divine-Right Theory it holds that the

state is divine creation and God has
chosen his vice regrets on earth to
rule it.
Social Contract theory it believes
that the state founded by mans
covenant or contract.
Patriarchal Theory it believes that
the state is mere expansion of family;
family into clan, clan into tribe, tribe
into nation and nation into state.
Necessity and Force theory it
maintains that the state is founded
because the weak seeks protection
and the strong ones protect and rule
them in return.
Instinctive Theory it holds that the
state is founded out of mans instinct
for association.
Economic theory it believes that the
state must have been founded to take
charge of mans various needs.
Historical theory it asserts that state
is product of human development.

GOVERNMENT
-

Derived
from
Latin
word
gubernaculum meaning a rudder and
gubernare which means to steer,
direct or control. It is an institution
that rules or governs society. As an
inherent element of state, the
government must exist and should
continue to exist for the benefit of the
people governed.

Functions of Government

Constituent functions, are those which

constitute the bond of society, and are
therefore compulsory in nature.
Ministrant functions are those under
taken by way of advancing the general
interest of society such as public
works, public education, public charity,
health, and safety regulations of trade
and commerce.

Forms of Government
Aristotle classified government into:

Monarchy supreme power or

authority is in the hands of a single
person.
a. Absolute monarchy ruler rules by
divine right.
b. Limited/Constitutional monarchy
where the rules in accordance with
the limits set by the constitution.
Aristocracy the supreme power or
authority is vested upon a few
privileged classes whose right arises
from the fact of their birth, wealth and
wisdom.

Democracy the supreme power of

authority is vested upon a majority or
mass of people.
a. Pure democracy where people
govern themselves directly and not
through representatives.
b. Indirect,
Representative
or
Republican democracy people
govern
through
chosen
representative.

Other forms of government

1. According to the manner of instituting
officials and the nature of official
tenure.
a. Elective

where
the
representatives are chosen by the
popular will of the people.
b. Hereditary where the transfer of
honor/political title is through
inheritance.
2. According to the concentration or
distribution of governmental powers
a. Unitary the powers of the
government is concentrated in one
supreme organ from which all
governing authorities derive their
power and existence.
b. Federal
Government

the
governmental
powers
are
distributed between the central
and local government each being
supreme within its own sphere.
3. According to the relationship of
Executive and Legislative branches of
government
a. Presidential one which the chief
executive is the real executive.
b. Parliamentary the cabinet is
legally responsible for legislature or
one branch of it.
4. As to its legality or constitutionality
a. De Jure government of fact; it is
a
government
established
according to the constitution of a
given state.
b. De Facto government of fact. It
is usually administered directly by
the military authority, or by civil
authority supported more or less
directly by military force.

CONSTITUTION
-

Is the body of rules and principles in

accordance with which the powers of
sovereignty are regularly exercised
(Cooley). It is and embodiment of
norms that regulate the relations of
the government to its people.
Derived from latin word constituo,
which means fixed, established and
settled.

Purposes of Constitution

To
define
the
organization
of
government.
To
determine
distribution
of
governmental powers
To establish principles governing the
operation of government.
To define the rights of individual
citizens.
To hold the state together.

Classifications of the Constitutions

1. As to their origin and history
a. Conventional or enacted
b. Cumulative or evolved
2. As to their form
a. Written
b. Unwritten

3. As to the manner of amending

them
a. Rigid or inelastic
b. Flexible or elastic
** The 1987 Philippine constitution may be
classified as conventional or enacted, written
and rigid or inelastic. An appointive body
called Constitutional Commission drafted
it.
Constitutions of the Philippines
1.
2.
3.
4.

Malolos Constitution
1935 Constitution
1973 Constitution
1987 Constitution