Inherent Powers of the State

The Inherent powers of the state are as follows:

1. Power of Taxation
2. Police Power
3. Power of Eminent Domain

Inherent defined:
As being inherent, it means that as long as the state exists, this power can never be
taken away.

1. Power of Taxation – An inherent power of the state exercised through legislature,

to impose burdens upon subjects and objects within its jurisdiction, for the
purpose of raising revenues to carry out the legitimate objects of the
government.

Nature: An inherent power of the state exercised through the legislature.

Scope: To impose burdens upon subjects and objects within its jurisdiction.

Purpose: For raising revenue to carry out the legitimate objects of the government

Revenue Objective – To build a just and human society and the establishment of a
government under certain ideals and aspirations.

Sumptuary Objective – An implement of the police power of the state for regulatory
purposes. In this case, it is used in furtherance of any government objective either as
an incentive or deterrence. As an implement, the generation of revenue is merely
incidental or in furtherance thereof. (Lutz v. Araneta, 98 Phil 148).

Compensatory Objective – For social justice purposes or other purposes or other

legitimate objectives of the State, with a view to realize social justice, equitable
distribution of wealth, economic progress and other similar objectives (Southern
Cross Cement Corp. v. Cement Manufacturers Assoc. of the Phils, GR 158540)

2. Police Power – This is the power vested in the Legislature by the Constitution to
make, ordain, and establish all manner of wholesome and reasonable laws,
statutes and ordinances, either with penalties or without, not repugnant to the
Constitution, for the good and welfare of the State and its subjects.

Basis:
This power is based on the legal maxim “salus populi est suprema lex” (the voice of
the people is the supreme law). Every citizen of every community, in a civilized
society must bear certain burdens imposed for the good of all.

Note: No right is absolute in the face of the common good.

Nature: Police power is an attribute of sovereignty and founded on the obligation of

the State to provide protection for its citizens and the safety and good order of
society.
Scope: Police power is founded on which our social system rests and has for its
object the improvement of social and economic conditions affecting the
community. It depends on the security of the social order, life and health of citizens,
comfort and existence in a thickly populated community, enjoyment of social life,
and beneficial use of property.

Requisites:
1. Interest of the public is general, not that of particular class
2. Means used are reasonably necessary for the purpose, and not unduly oppressive
upon individuals

3. Power of Eminent Domain – This is the right of the State to acquire private
property for public use upon payment of just compensation and observance of
due process.

Basis: It is based on genuine necessity and that necessity must be of public

character. It must be reasonable and practicable such that it would greatly benefit
the public with the least inconvenience and expense to the condemning party ad
property owner consistent with such benefit.

Requisites:
1. There must be taking of public property
2. It must be for public use
3. There must be just compensation
4. Due process of law must be observed in taking of the of property

Distinction:
Eminent
Police Power Taxation
Domain

To regulate the
activities for To raise Revenue and
To take Property
welfare/Property support of the
As to Purpose for
is taken for public government
public use
use Public Constitution and
purpose

As to Exercising Government /
Government Government
Authority Private Entities

The owner is
Sufficient to cover paid the fair
As to the Amount of
the costs of market value of No Limit
Imposition
regulation the property
expropriated

None. Just Compensation is the

Compensation Compensation protection and
As to Compensation here refers to the – the full and public improvements
intangible, fair equivalent instituted by the
altruistic feeling of the property government for the
 that the individual taken. taxes paid
has contributed
to the public
good

liberty and
As to property rights Property
property
Object/Persons Owner of the Community or class
Community or
affected property of individuals
class of individuals

Superior and
As to the Non- Superior to the may override
Inferior to the “Non-
Impairment “Non-Impairment the “Non-
Impairment Clause”
Clause/Relationship Clause” of the Impairment
of the Constitution
with the Constitution Constitution Clause” of the
Constitution

Similarities:
1. They are indispensable to the existence of a state.
2. They are inherent rights which means that they can exist without the constitution.
3. They are the means by which the state interferes with private rights and properties.
4. These powers are generally exercised by the legislature.
5. They contemplate an equivalent compensation or benefit.

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