3 Inherent Powers of the State:

1. Police Power;
2. Power of Eminent Domain or Power of Expropriation; and
3. Power of Taxation

Purpose:
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.

Requisites of a valid police measure:

(a.) Lawful Subject – the activity or property
sought to be regulated affects the public welfare. It requires the primacy of
the welfare of the many over the interests of the few.
(b.) Lawful Means–the means employed must be reasonable and must
conform to the safeguards guaranteed by the Bill of Rights.

2. POWER OF EMINENT DOMAIN affects only property RIGHTS. It may be

exercised by some private entities. The property forcibly taken under this
power, upon payment of just compensation, is needed for conversion to
public use or purpose. The taking of property in law may include:

- trespass without actual eviction of the owner;

- material impairment of the value of the property; or
- prevention of the ordinary uses for which the property was intended.

The property that may be subject for appropriation shall not be limited to
private property. Public property may be expropriated provided there is a
SPECIFIC grant of authority to the delegate. Money and a chose in action are
the only things exempt from expropriation. Although it is also lodged
primarily in the national legislature, the courts have the power to inquire the
legality of the right of eminent domain and to determine whether or not
there is a genuine necessity therefore.

3. POWER OF TAXATION affects only property rights and may be exercised

only by the government. The property taken under this power shall likewise
be intended for a public use or purpose. It is used solely for the purpose of
raising revenues, to protect the people and extend them benefits in the form
of public projects and services (I hope so).

Hence, it cannot be allowed to be confiscatory, except if it is intended for

destruction as an instrument of the police power. 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.
A comprehensive discussion of the 3 inherent powers of the State

BILL OF RIGHTS CASE DOCTRINES

POLICE POWER, EMINENT DOMAIN AND TAXATION

City of Manila v. Laguio GR NO. 118127, 2005-04-12 - closing down houses of

sin or of ill-repute – Local government units exercise police power through
their respective legislative bodies. Their power however is subordinate to the
certain constitutional limitations. (related topics: procedural and substantive
due process, equal protection of the laws, deprivation of property)

Moday v. CA  G.R. No. 107916 February 20, 1997 – expropriation of one hectare of
land – eminent domain – government’s right to appropriate, in the nature of
compulsory sale to the state, private property for public use. Inheresnt
possessed by the national legislature, it may be validly delegated to local
governments.

Roxas and Co. Inc. v. CA – application of the Comprehensive Agrarian

Reform Law – the implementation of the CARL is an exercise of the State’s
police power and the power of eminent domain – to the extent that the CARL
prescribes retention limits to the landowners, there is an exercise of police
power for the regulation of private property but where, to carry out such
regulation, the owners are deprived of their own lands they own in excess of
the maximum area ed, there is taking
under the power of eminent domain (related topic: due process – this must
be observed in the exercise of the police power and eminent domain)

LTO v. Butuan – registration of tricycles – LGU’s under the Local

Government Code now have the power to regulate the operation of tricycles
for hire and grant franchises thereof but they are still subject
to the guidelines prescribed by the DOTC. To regulate means to fix, establish
or control, to adjust by rule, method or established mode. Taxation – the
power of the government to raise revenue in order to
support its existence and carry out legislative objectives

St. Luke’s Employee’s Association v. NLRC – radiologic technology –

while the right of the workers to security of tenure is guaranteed by the
constitution, its exercise may be reasonably regulated pursuant to the police
power of the state to safeguard health, morals, peace, education et. al. The
regulation is a reasonable method of the protecting the public from the
incompetence and ignorance among those
who would practice such technology.

United BF Homeownes’ v. City Mayor of Paranaque – reclassification

from residential to commercial areas – the city council has the power to
enact ordinances for the general welfare of the municipality
or its inhabitants. Contractual restrictions on the use of property could not
prevail over the reasonable exercise of police power

by CDR

The Human and Peoples’ Rights Declaration of the Philippines

 
CIVIL RIGHTS
 
5. We have the right to life, liberty, security and property. We have
the right to a transparent, credible, competent and impartial justice
system, free from influence and corruption, where wrongs are
redressed and justice is dispensed fairly, speedily and equitably. We
must have equal access to the courts and adequate legal assistance.
We must be treated equally before the law regardless of our political,
social and economic status.
 
6. We have a right to the security and privacy of our persons and our
homes. The State shall respect and uphold our right to the privacy of
communication, information, private transactions and affairs. The
State shall ensure our freedom of movement and liberty of abode.
 
7. The requirements of due process of law shall be observed before,
during and after trial. The accused is presumed innocent until proven
guilty and shall enjoy the right against self-incrimination, the right to
an independent and competent counsel preferably of his or her own
choice, and the right to be informed of such rights.
 
8. Detainees and prisoners have the right to humane conditions of
detention with adequate food, space and ventilation, rest and
recreation, sanitary and health services, and skills training. They have
the right to communicate with counsel, family and friends and be
visited by them. The right to practice their religious beliefs and to
express themselves shall likewise not be denied. The State must
provide separate detention facilities for women and children in conflict
with the law. Detainees and prisoners shall be given the opportunity
for correction and rehabilitation towards their reintegration into
society.
 
9. No person shall be subjected to arrests, searches, seizures and
detention without due process of law. No suspect, detainee or
prisoner shall be subjected to torture, force, violence, intimidation,
harassment or threats. No accused shall be subjected to trial by
publicity. Neither shall cruel, inhuman or degrading punishment or
treatment or incommunicado or solitary confinement be imposed.
 
10. We have the right against involuntary disappearances. The State
shall protect its citizens from all forms of systematic and massive
extrajudicial and summary killings. The State shall take responsibility
for all the acts of its State agents and give information and assistance
to the families of the disappeared.
 
POLITICAL RIGHTS
 
11. We have the right to live in a democracy and are entitled to enjoy
its benefits. The right to meaningful representation, participation and
decision-making about individual and community concerns shall be
recognized and maintained. The protection of life, liberty and
property, the upliftment of economic conditions and the promotion of
the general welfare are essential prerequisites of a truly democratic
society.
 
12. Public office is a public trust. Transparency, accountability,
integrity and competence are minimum standards of good
governance. It is the State’s duty to eliminate graft and corruption at
all levels of the bureaucracy. Towards this end, our right to
information on matters involving public interest shall be safeguarded.
 
13. We have the right to determine, participate, intervene and take
action in all matters that directly and indirectly affect our welfare.
The freedoms of speech, press, association and peaceful assembly
shall at all times be recognized and protected by the State.
 
14. The State shall provide equal access to opportunities for public
service to all competent and qualified citizens. The State must
equitably diffuse political power and prohibit political dynasties in
accordance with democratic principles.
 
15. Sovereignty resides in the people. We reserve the right to defy a
tyrannical, oppressive and corrupt regime by means consistent with
general principles of human rights.
 
SOCIAL AND CULTURAL RIGHTS
 
16. We have the right to enjoy the highest standard of health. The
State shall ensure that its citizens shall be adequately nourished and
free from hunger. The State has the obligation to establish a
responsive social housing program and protect the people from unjust
evictions from their homes. Protection and assistance shall be
accorded marginalized families and vulnerable sectors of society.
 
17. We have the right to a free, accessible, relevant, nationalistic,
quality, gender and culturally sensitive education, responsive to our
needs, which advances the culture of human rights.
 
18. The State must establish a responsive social welfare system that
contributes to the continuous improvement of its people and their
lives. All public utilities should be accessible and affordable to meet
the peoples’ basic necessities.
 
19. Children and youth have rights to special care, education, health,
and protection against all forms of abuse, discrimination, exploitation,
corruption, and conditions affecting their moral development. The
best interest of the child shall always take precedence in State
policies and laws.
 
20. Women are partners of men in nation building. They have equal
rights in civil, political, social, and cultural aspects of life. The State
shall protect and defend them from discrimination, exploitation,
trafficking, assault, battery and other forms of abuse and violence.
 
21. Men and women have reproductive rights. The State shall
recognize the rights of all couples and individuals to decide freely and
responsibly the number, spacing and timing of their children and to
have the information and means to do so, and the right to attain the
highest standard of sexual and reproductive health. The State shall
also recognize the rights of couples in making decisions regarding
reproduction free of discrimination, coercion and violence, as
expressed in human rights documents.
 
22. The indigenous and Moro peoples have the right to equality with
all other peoples and against all forms of discrimination. They have
the right to existence as distinct peoples free from assimilation as
well as the right to resist development aggression, which threatens
their survival as a community. Thus, the State shall assist and
support them in the protection and preservation of their culture,
language, tradition and belief. They have an inherent right to their
ancestral domain, which must be given urgent immediate attention
and protection by the State and should be respected and defended by
all.
 
23. The State shall accord special protection to persons with
disabilities. They have the right to enjoyment of equal opportunity as
well as appropriate and accessible social services, education,
employment, rehabilitation and social security.
 
24. Older persons shall be given preferential treatment by the State.
They shall be given priority in terms of accessible social security and
health.
 
ECONOMIC RIGHTS
 
25. We have the right to a nationalistic and independent economic
policy protected from foreign domination and intrusion. We have the
right to a self-reliant economy based on national industrialization. We
have the right to resist all forms of oppressive and unreasonable
trade liberalization, to oppose a subservient debt management
strategy, and to repudiate all foreign debts that do not benefit the
people. The State shall develop efficient and effective debt
management strategies that will benefit the people and shall give
preferential treatment to local capital.
 
26. We have the right to equal access to employment opportunities
and professional advancement. The labor force is the lifeblood of the
country and all workers have the right to just compensation, dignified
and humane working environment, job security, the right to form and
join unions and organizations, to bargain collectively, to go on strike
and to actively participate in political life. Discrimination in the work
place, sexual harassment, slavery, exploitation, and child labor shall
not be tolerated. Moreover, overseas workers have the right to enjoy
the basic rights accorded to workers in their respective host
countries, consistent with international labor laws or standards.
 
27. Land, as a limited resource, bears a social function. The right to
own land should be limited to Filipinos and shall be guided by the
principle of stewardship and subject to the demands of the common
good. Peasants shall have the right to own the land they till through a
genuine agrarian reform program including support services.
Landowners shall also be protected from land grabbers through
effective legal and administrative measures.
 
28. Fisherfolk have the right of access to fishing grounds, to
protection from foreign incursions and local large-scale/commercial
fishing business, to genuine aquatic reforms and to the preservation
and protection of communal fishing grounds.
 
29. We have the preferential right to the judicious cultivation,
utilization, and preservation of our natural resources which will
ensure an ecological balance that can support and sustain the total
physical and economic well being of every person, family and
community.
 
30. The marginalized and vulnerable sectors shall have preferential
access/control to credit and micro-finance, and the right to skills and
livelihood training, which shall contribute to the constant
improvement of their lives.
 
COLLECTIVE RIGHTS
 
31. We have the right to self-determination. This right provides us
with the freedom to develop ourselves as peoples, preserve our
culture and retain our national identity. Our peoples shall not be
coerced into assimilation, nor shall forced evacuation, dislocation and
displacement resulting from development aggression and other State
policies should be allowed. We have the right to resist any form of
political, economic, social or cultural domination by resorting to any
legitimate means.
 
32. We have the right to a clean, safe and sustainable environment
that supports an equitable quality of life. Ecological balance must be
preserved in the pursuit of national development because the capacity
of our resources to continue supporting our daily needs is limited.
Collectively, we have the intergenerational responsibility to protect,
conserve and develop our natural environment for the enjoyment of
present and future generations of Filipinos.
 
33. We have the right to a social order, which is conducive to peace
and development. It is the duty of the State to undertake a
comprehensive peace process that reflects the sentiments, values and
principles important to all peoples of the Philippines. Therefore, it
shall not be defined by the State alone, nor the different contending
groups only, but by all peoples of the Philippines as one community.
The promotion and protection of our rights must be geared towards
international understanding, solidarity among peoples and nations,
and friendship among all racial, ethnic or religious groups.