Name: ______________________________ | Section: ________ | Readings in Philippine History | Notes | November 19, 2019 |Page 1 of 2

THREE INHERENT POWERS OF THE STATE 3. POWER OF TAXATION affects only property rights and may be
https://www.academia.edu exercised only by the government. The property taken under this
power shall likewise be intended for a public use or purpose. It is
1. Police Power; used solely for the purpose of raising revenues, to protect the
2. Power of Eminent Domain or Power of Expropriation; and people and extend the benefits in the form of public projects and
3. Power of Taxation services (I hope so). Hence, it cannot be allowed to be
confiscatory, except if it is intended for destruction as an
Purpose: instrument of the police power.

1. for public good or welfare - Police Power
2. for public use - Power of Eminent Domain
3. for revenue - Power of Taxation
1. POLICE POWER is the power of promoting the public welfare
by restraining and regulating the use of both liberty and property of
all the people. It is considered to be the most all-encompassing of
the three powers. It may be exercised only by the government.
The property taken in the exercise of this power is destroyed
because it is noxious or intended for a noxious purpose.
It lies primarily in the discretion of the legislature. Hence, the
President, and administrative boards as well as the lawmaking
bodies on all municipal levels, including the barangay may not
exercise it without a valid delegation of legislative power.
Municipal governments exercise this power by virtue of the
general welfare clause of the Local Government Code of 1991.
Even the courts cannot compel the exercise of this power through
mandamus or any judicial process.
It must conform to the requirements of due process. Therefore,
taxpayers are entitled to be notified of the assessment
proceedings and to be heard therein on the correct valuation to be
given the property. It is also subject to the general requirements of
the equal protection clause that the rule of taxation shall be
uniform and equitable.
CHAPTER I: THE POWER OF EMINENT DOMAIN
https://eminentdomainlaw.net/
What is eminent domain?
“Eminent Domain” – also called “condemnation” – is the power of
local, state or federal government agencies to take private
property for “public use” so long as the government pays “just
compensation.” The government can exercise its power of
eminent domain even if the owner does not wish to sell his or her
property.

Requisites of a valid police measure: What is a 'public use' for which the government might be able to
take my property?
(a.) Lawful Subject – the activity or property sought to be regulated
affects the public welfare. It requires the primacy of the welfare of The Fifth Amendment of the United States Constitution and Article
the many over the interests of the few. I, Section 19 of the California Constitution allow private property to
be taken by eminent domain only for a “public use.”
(b.) Lawful Means – the means employed must be reasonable and Traditional examples of “public uses” for which the government
must conform to the safeguards guaranteed by the Bill of Rights. might exercise its power of eminent domain include such things as
schools, roads, libraries, police stations, fire stations and similar
2. POWER OF EMINENT DOMAIN affects only property RIGHTS. public uses.
It may be exercised by some private entities. The property forcibly
taken under this power, upon payment of just compensation, is It should be noted, however, that the term “public use” has been
needed for conversion to public use or purpose. interpreted very broadly by the Courts. The project need not be
actually open to the public to constitute a public use. Instead,
The taking of property in law may include: generally only a public benefit is required. Some cases, for
example, have even allowed the use of eminent domain for the
- Trespass without actual eviction of the owner; sole purpose of increasing tax revenues. What constitutes a
- Material impairment of the value of the property; or “public use” is an ever evolving issue and in questionable cases,
- Prevention of the ordinary uses for which the property was experienced eminent domain counsel should be consulted to
intended. review whether the government’s proposed taking is truly a “public
use.”
The property that may be subject for appropriation shall not be
limited to private property. Public property may be expropriated Can I challenge the government's right to take my property?
provided there is a SPECIFIC grant of authority to the delegate.
Money and a chose in action are the only things exempt from Even though most government agencies have the power of
expropriation. eminent domain, on occasion, a successful challenge to the
government’s right to take a particular property for a particular
Although it is also lodged primarily in the national legislature, the project can be made. Such challenges, however, are the
courts have the power to inquire the legality of the right of eminent exception, not the rule, and usually result only in a delay, rather
domain and to determine whether or not there is a genuine than outright prevention of the government’s right to take.
necessity therefore. Typical challenges to the right to take include failure of the
government to follow the proper procedural steps towards eminent
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 Name: ______________________________ | Section: ________ | Readings in Philippine History | Notes | November 19, 2019 |Page 2 of 2
domain (see “The Eminent Domain Process” chapter of this
Handbook). It must be remembered that the circumstances
allowing a successful challenge to the right to take are rare. Each
case must be evaluated on its own facts and experienced eminent
domain counsel should be consulted. Seeking compensation for
the taking, rather than challenging the government’s right to take,
will be the property or business owner’s usual remedy.

If I am successful in challenging the government's right to take my

property, can I keep my property and recover my costs?

Where a property owner successfully challenges the government’s

right to take his or her property by eminent domain, California law
provides that the eminent domain proceeding may be dismissed.
The property owner may be entitled to recover his or her litigation
expenses including attorneys’ and appraisers’ fees incurred in the
action.
However, even where a successful challenge to the right to take is
made, the court has the authority under some circumstances to
allow the government to correct any procedural mistakes and
proceed with the taking. Moreover, even if the action is dismissed
outright, the government agency may start the process all over
again; prevailing on the right to take challenge does not preclude
the government from acquiring the property for all time.

If I am unsuccessful in challenging the government's right to take

my property, will I have to pay for the government's costs?

No. Where a property owner raises a right to take challenge, but is

not successful, the property owner will not be liable for the
government’s costs.

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