Fundamental Powers of the State

Striking a BALANCE
between the state powers
and the peoples rights!

FUNDAMENTAL POWERS OF THE STATE

Exercised by the state from the very

beginning.
These are necessary and indispensable
powers.
Inherent in a State; No need for express
constitutional grant.
SOURCE: not the constitution but inherent
in sovereignty.

POLICE POWER

It is the power of the state to promote general welfare

by regulating or depriving an individual of the use of
liberty or property.
It promotes public health, public morals, public safety
and the general welfare and convenience of the
people.
BASIS: The welfare of the people is the supreme law
Entity Who May Exercise : Generally, the legislative but
also the President, Administrative Bodies and law
making bodies of Local Government Units
Limitations: Lawful Subject the interest of the public
in general as distinguished to that of a particular class.
Lawful Means means used are reasonably necessary
to achieve its purpose and not unduly oppressive upon
individuals.

POWER OF EMINENT DOMAIN

It is the power of the state to take or expropriate

private property for public use upon payment of just
compensation to the owner to be ascertained by
law.
Property here is taken because of public use but in
police power, property is taken because it is
noxious, injurious or intended to be noxious
Basis: Regalian Doctrine (All lands belong to the
State)
Entity Who May Exercise : Generally, the legislative
but also the President, Administrative Bodies and
law making bodies of Local Government Units, Public
Corporations and Quasi-Public Corporations
Please see Sec. 9 of Art. 3.

Requirements of Eminent Domain:

1.) PRIVATE PROPERTY

any private property
within the commerce of man
whether immovable or movable property
*except: money because of just compensation
services of woman (involuntary servitude)
2.) TAKING
it is the deprivation of rights related to ownership of property
physical ejection / ousted
deprivation of enjoyment or the use thereof.
diminish the value
3.) PUBLIC USE
public benefit, public utility or public advantage
it is not limited to direct public use. It includes anything that would
redound to the benefit of the public, even indirectly.
This can only be a last resort. If there are other available lands, it
should not be taken
4.) JUST COMPENSATION
It is monetary in terms
The court determines the just compensation.

Limitations:

1. The essential requisites must

be present.
2. There must be a hearing
before property is taken by the
government.

POWER OF TAXATION

It is the power of the government to impose charge or burden

upon persons, property, or property rights, for the use and
support of the government and to enable it to discharge its
appropriate functions.
BASIS: LIFE-BLOOD Theory
The existence of the government is a necessity that it cannot continue
without means to pay its expenses.
The reciprocal duties of protection and support between the state and
its inhabitants

Entity Who May Exercise: Generally, the legislative but also law
making bodies of Local Government Units.
Taxes are enforced proportional contributions from person and
property levied by the lawmaking body of the State by virtue of
its sovereignty for the support of the government and all public
needs.
Limitations :
1. Tax must be for public purpose
2. Tax must be uniform and progressive
3. The person or property must be within the jurisdiction of
taxing authority.

DISTINCTION AMONG THREE POWERS

Point of
Comparison
Purpose

Effect

POWER OF EMINENT
DOMAIN
To promote general welfare For Public use
POLICE POWER

No transfer of ownership There is a transfer of the

but restraint in the injuriousright to property
use of property

POWER OF TAXATION
To raise revenue

Money contributed
becomes part of the public
funds

Persons Affected Usually upon a community An individual as an owner

or class of individuals
of property.

Usually upon a community

or class of individuals

Compensation

Protection and safeguard

by the government

Altruistic feeling of having Monetary

contributed for the public
good.

What it regulates Life, Liberty and Property

Property (Ownership)

Property (the fruits of

property and not the whole
of it)

Oral Exam on Art III

1.)
2.)
3.)
4.)

Definition of Bill of rights

Classes of rights
Classes of Constitutional Rights
Discuss Civil Rights