Police Power: - for general comfort – self preservation and self-protection

Ermita-Malate Hotel & Motel Operators Association, Inc. v. Mayor of Manila

 It is the inherent and plenary power of the state which enables it to prohibit all that is
hurtful to the comfort, safety and welfare of society.
 Most essential, insistent and the least limitable of powers.
 Taxation may be used as an implement of the police power; eminent domain may be used
as an implement to attain the police objective.
 There is no question that the challenged ordinance was precisely enacted to minimize
certain practices hurtful to public morals.
Ortigas and Co., Limited Partnership v. Feati Bank and Trust Co.
 The state, in order to promote the general welfare, may interfere with personal liberty,
with property, and with business and occupations. Persons may be subjected to all kinds
of restraints and burdens, in order to secure the general comfort health and prosperity of
the state and to this fundamental aim of our Government, the rights of the individual are
subordinated.
Ichong v. Hernandez
 Police power cannot be bargained away through treaty or contract.

COVERAGE
A. Public Health
B. Public Morals
C. Public Safety
D. Public Welfare

Case:
Senior Citizens Act of 2003 – legitimate exercise of police power.
- Providing that the 20% discount privilege of senior citizens shall not be limited to the
purchase of unbranded generic medicine but shall extend to both prescriotion and
non-prescription medicine, whether branded or generic, is valid.
RA 118 (An Act to Regulate the Retail Business) – nationalize the retail trade business by
prohibiting aliens in general from engaging directly or indirectly in the retail trade.
- The disputed law was enacted to remedy a real actual threat and danger to national
economy posed by alien dominance and control of the retail business; the enactment
clearly falls within the scope of the police power of the State, thru which and by
which it protects its own personality and insures it security and future. – Ichong v.
Hernandez

White Light v. City of Manila – The SC applied strict scrutiny because the ordinance restrict
patrons’ right to liberty. Legitimate sexual behavior, which is constitutionally protected, will be
unduly curtailed by the ordinance. Apart from the right to privacy, the ordinance also proscribes
other legitimate activities most of which are grounded on the convenience of having a place to
stay during the short intervals between travels.

Eminent Domain – Power of Expropriation – for public use

 The power of eminent domain is the inherent right of the State to condemn private
property to public use upon payment of just compensation.
  Need not be granted even by the fundamental law.
 Congress and, by delegation, the President, administrative bodies, lgus, and even private
enterprises performing public services may exercise the power of eminent domain.

When is there taking in the constitutional case? When the owner is deprived of his propriety
rights there is taking of private property. It may include;
1. Diminution in value;
2. Prevention of ordinary use;
3. Deprivation of beneficial use.

NOTE: But anything taken by virtue of police power is not compensable, as usually
property condemned under police power is noxious.
 A municipal ordinance prohibiting a building which would impair the view of the plaza
from the highway was likewise considered taking.

The moment the municipal corporation or entity attempts to exercise the authority conferred, it
must

Taxation – to raise revenue – life blood theory

 It is the enforced proportional contributions from persons and property, levied by the
State by virtue of its sovereignty, for the support of the government and for all public
needs.
Purpose:
a. To raise revenue
b. Tool for regulation
c. Protection/power to keep alive.

General Limitations:
1. Power to tax exists for the general welfare; should be exercised only for a public purpose.
2. Might be justified as for public purpose even if the immediate beneficiaries are private
individuals.
3. Tax should not be confiscatory: If a tax measure is so unconscionable as to amount to
confiscation of property, the Court will invalidate it.
4. Taxes should be uniform and equitable.

Specific Limitations:
1. Uniformity of Taxation
G.R.: simply geographical uniformity, meaning it operates with the same force and effect
in every place where the subject of it is found.

Exception: Rule does not prohibit classification for purposes of taxation, provided the ff
requisites – SNAGAE
a. Standards used as Substantial and Not Arbitary
b. If the classification is Germane to achieve the legislative purpose
c. If that classification Applies to both present and future conditions, other circumstances
being equal
 d. Applies Equally to members of the same class

Note: No law granting any tax exemption shall be passed without the concurrence of a
majority of all the Members of the Congress.
- Tax exemptions are granted gratuitously and may be revoked at will, except when it
was granted for valuable consideration.

VALIDIITY OF EXERCISE OF POLICE POWER

1. Lawful Subject: Interest of the general public; this means that the activity or property
sought to be regulated affects the general welfare.
2. Lawful Means: Means employed are reasonably necessary for the accomplishment of the
purpose, and are not unduly oppressive.
3. Least Restrictions of Individual Rights: It must be evident that no other alternative for the
accomplishment of the purpose less intrusive of private rights can work.

EMINENT DOMAIN – REQUISITES

1. Private Property
2. Genuine Necessity – necessity must be proven
3. For public use
4. Payment of just compensation
5. Due Process

Equal Protection Clause: Taxes should be uniform (persons or things belonging to the same
class shall be taxed at the same rate) and equitable (taxes should be apportioned among the
people according to their ability to pay).

The power of the legislature to confer, upon municipal corporations and other entities within the
State, general authority to exercise the right of eminent domain cannot be questioned by the
courts, but that general authority of municipalities or entities must not be confused with the right
to exercise it in particular instances.

Bill of Rights – Self-Executing

 Governs the relationship between the individual and the state; to declare some forbidden
zones in the private sphere inaccessible to any power holder.
 Contains chief protection for human rights.

Civil Rights – rights that belong to an individual by virtue of his citizenship in a state or
community (rights to property, marriage, freedom to contract, equal protection)
Political Rights – pertains to an individual’s citizenship (right of suffrage, right to petition
government for redress, right to hold public office
Social and economic Rights – insure the well-being and economic security of the individual
Rights of the accused – protection of a person accused of any crime.