The Fundamental Powers of the State

The Fundamental Powers of the state are the police power, the power of eminent domain, and the power of
taxation.

These powers are inherent and do not need to be expressly conferred by the constitutional provision on the state.
They are suppose to co-exist with the state. the moment the state come into being, it is deemed invested with these
three powers as its innate attributes.

Briefly,the police power is the power of the state to regulate liberty and property for the promotion of the
general welfare. The power of eminent domain enables the state to forcibly aquire private property, upon
payment of just compensation, for some intended public use. by the power of taxation, the state is able to
demand from the members of society their proportionate share or contibution in the maintainance of the
government.

Similarities:

The three inherent of the state are similar in the following respects:

1. They are inherent in the state and maybe exercise by it without need of express constitutional grant.

2. They are not only necessary but indespensable. the state cannot continue or effective unless it is able to exercise
them.

3. They are methods by which the state interferes with private rights.

4. They all presuppose an equivalent compensation for tyhe private rights interfered with.

5. They are exercise merely by legislature.

Differences:

The three inherent powers of the state differ from each other in the following ways:

1. The police power regulate both liberty and property. the power of eminent domain and the power of taxation
affect only property rights.

2. The police power and power of taxation maybe exercise only by the government. The power of eminent domain
maybe exercise by private entities.

3. The property taken in the police power is destroyed because it is noxious or intended for noxiousr purpose. The
property taken under the power of eminent domain and the power of taxation is intended for a public use or purpose
and is therefore wholesome.

4. The compensation of the person subjected to the police power is the intangible altruistic feeling that he has
contibuted to the several welfare. the compensation involved in the other powers is more concrete, to wit, a full and
fair equivalent to the property expropriated or protection and the public improvement for the taxes paid.

Limitations:

Although inherent and indespensable, the fundamental powers of the state are not without restrictions-as ours is a
government of limited powers, even these prerogatives may not be exercise arbitrarily, to the prejudice of the bills of
rights. The presumption in libertarian societies is in favor of private rights and against attempt on the part of the state
to interfer with them, " Constitutional provision for the security of persons and property should be liberally
construed." Hence, the exercise of these fundamental powers is subject at all times to the limitation and
requirements of the constitution and may in proper cases be annulled by the courts of justice.

FUNDAMENTAL POWERS OF THE STATE

A. DEFINITION, SIMILARITIES, DISTINCTION

1. ENUMERATION
a. PolicePower
b. PowerofEminentDomain
c. Power of Taxation
d.
*All powers of the government are limited by the Bill of Rights*All powers of the government belong to the
essence of government and without them, no government can exist. They belong to government as much as spirit
and mind belong to the essence of man. A Constitution can only define and delimit them and allocate their exercise
among various government agencies. A Constitution does not grant them.

2. SIMILARITIES
a. TheyareinherentintheStateandmaybeexercisedbyitwithoutneedof express
constitutional grant.
b. Theyarenotonlynecessarybutindispensable.TheStatecannotcontinueorbe effective
unless it is able to exercise them.
c. They are methods by which the State interferes with private rights.
d. They all presuppose an equivalent compensation for the private rights interfered
with.
e. They are exercised primarily by the legislature.

3. COMMON LIMITATIONS
a. MaynotbeexercisedarbitrarilytotheprejudiceoftheBillofRights
b. SubjectatalltimestothelimitationsandrequirementsoftheConstitutionand may in
proper cases be annulled by the courts, i.e. when there is grave abuse of discretion.

4. DIFFERENCE

AS OF POLICE POWER TAXATION EMINENT DOMAIN

Regulates liberty and Affects only property rights

Extent of Power Affects only property rights
property
Person/s Exercised only by the Exercised only by the Exercised only by the private
exercising government government entities
Property taken is for public
Property taken is for public
Purpose Property taken is destroyed use
use
Protection and public Value of the property
Compensation Intangible; General welfare
improvements expropriated

LIMITATIONS: Generally, the Bill of Rights, although in some cases the exercise of power prevails over specific
constitutional guarantees. The courts may annul the improvident exercise of police power eg, in Quezon City v.
Ericta, 122 SCRA 759 and in Philippine Press Institute v. COMELEC, 244 SCRA 272