Fundamental Powers of the State

Inherent powers of the state

1. Police power
2. Power of eminent domain
3. Power of taxation

Similarities of the inherent powers

1. Inherent in the State, exercised even without
need of express constitutional grant.
2. Necessary indispensable; State cannot be
effective without them.
3. Methods by which State interferes with private
property
4. Presupposes equivalent compensation.
5. Exercised primarily by legislature.
Distinctions

Police
Regulates liberty
and property
Exercised only by
Government
Property taken
is usually noxious
or intended for
noxious purpose
and may thus be
destroyed
Compensation in
police power is
intangible,
altruistic feeling

that the individual

has contributed to
the public good

Eminent Domain
Regulates
Property rights
only
May be exercised
by private entities
The property is
wholesome and
devoted to public
use or purpose

Taxation
Regulates
Property rights
only
Exercised only by
Government
The property is
wholesome and
devoted to public
use or purpose

Compensation is
full and fair
equivalent of the
property taken

Compensation is
the protection
given and/ or
public

improvements
instituted by
government for
the taxes paid.

Limitations Generally, the Bill of Rights, although

in some cases the exercise of the power prevails over
specific constitutional guarantees. The courts may
annul the improvident exercise of police power.

POLICE POWER
- is the power of promoting public welfare by
restraining and regulating the use of liberty and property.

Scope
Police power is the most pervasive, the least
limitable and the most demanding of the three powers.
The justification is found in the Latin Maxims: Salus
populi est suprema lex, and sic utere tuo ut alienum non
laedas.

Who may exercise the power?

The power is inherently vested in the
Legislature. However, Congress may validly delegate
this power to the President, to administrative bodies and
to lawmaking bodies of local government units. Local
government units exercise the power under the general
welfare clause.

Limitations (Tests for Valid Exercise)

a. Lawful subject: The interests of the public in

general as distinguished from those of a particular
class, require the exercise of the power. This means

that the activity or property sought to be regulated

affects the general welfare; if it does, then the
enjoyment of the rights flowing therefrom may have
to yield to the interests of the greater number.
b. Lawful Means: The means employed are
reasonably necessary for the accomplishment of the
purpose, and not unduly oppressive on individuals.
The Proper exercise of the police power
requires compliance of the following:
1. Interests of the public generally, as
distinguished from those of a particular
class, require the interference of the State.
2. The means employed are reasonably
necessary for the attainment of the object
sought and not unduly oppressive upon
individuals.

Additional Limitations (when

delegate)
a. Express grant by law
b. Within territorial limits
c. Must not be contrary to law

exercised

by

a.
b.
c.
d.
e.

Municipal ordinance requisites to be valid ( C U

PPG)
Do not contravene with the Constitution
Must not be unfair or oppressive
Must not be partial or discriminatory
Must not prohibit but may regulate trade
Must be general in application and consistent with
public policy

May the LGU order demolition of private

property?
In Aquino v. Municipality of Malay, Aklan, in the
exercise of police power and the general welfare clause,
property rights of individuals may be subjected to
restraints and burdens in order to fulfill the objectives of
the government. Otherwise stated, the government may
enact legislation that may interfere with personal liberty,
property, lawful businesses and occupations to promote
the general welfare.