POWERS OF

THE STATE

Fundamental Powers of the

State

Police Power

Taxation

Eminent domain
*Police Power is the most demanding and
truly pervasive. The government through
the legislative department is exercising
this power.

Police Power

General welfare; collective and total

security, protection and aspiration of the
people in a democratic society.
Promotion of public morals; laws are
enacted as a result of growing out of
collective sense of right and wrong in the
community.
Public health; laws are passed to secure
health benefits for the people
Law-making bodies enact legislation that
will promote public safety and order like

Limitations of Police Power

1.

2.

3.

Lawful Subject the interests of the public in

general, as distinguished from those of a
particular class, require the exercise of power.
Lawful Means- the means employed are
necessary for the accomplishment of the
purpose, and not unduly oppressive on
individuals.
When exercised by a delegate
a. Express grant by law
b. Within territorial limits- for LGUs, except
when
exercised to protect water
supply.
c. Must not be contrary to the law.

Taxation
Power of the state to levy or impose charges
upon persons, property, occupation, and
others, as may be defined by law in order to
defray the expenses of the government and
to enable it to fully discharge its functions.
Taxationrefers
to
the
act
of
ataxingauthority
actually
levying
tax.Taxationas a term applies to all types of
taxes, from income to gift to estate taxes. It
is usually referred to as an act; any revenue
collected is usually called taxes.

Inherent Limitations of Taxation

Taxes are only levied for public use and purpose

Taxation is inherently the power of the State and cannot

be designed to any private individual

Taxes can also be imposed within the territory of the State

Reasonable exception for the church and the government

Any sovereign State, by reasons of international comity,

is not a subject of this power to taxation.
*International comity, which comprises legally nonbinding
practices adopted by states for reasons of courtesy (e.g.,
the saluting of the flags of foreign warships at sea).

Constitutional Limitations of Taxation

In exercising the said power, due process of law should

be observed that the tax must not be confiscatory.
Taxes must be based on progressive taxation system
and must be uniformed.
No taxes can impair contracts
Taxes should not extend in the exercise of religious
freedom
Tax rules, mechanisms, and measures must be
possessed by the House of Representatives, where
they must originate; and
Taxes should not violate the rule on the nonimprisonment on failure or refusal to pay residence or
community tax.

Eminent Domain

Power of the State to acquire, confiscate,

or take private property for public use
upon payment of just compensation.

Government power to take private

property for public use without the
owner's consent. Constitutional
provisions in most countries require the
payment of just compensation to the
owner.

Requisites of the Power of

Eminent Domain by the
State:
a.There must be a necessity
to acquire a private property.
b.The

acquired private property shall be strictly and

exclusively used for public interest and service.
c.The term public use may broadly mean to cover not only
direct advantage to the people, but also indirect benefits
that will redound to the interest of the people it served.
d.Just compensation must be paid in money and the owner
is entitled to the payment of the interest if claimed, and
only upon full payment shall the government acquire the
title of the property; and
e.Due process must be accorded in expropriating a said
property.

Fundamental Powers of the State

Bases

Police Power

Eminent Domain

Taxation

On Scope

1. Regulates both
liberty and property

Affects only property

rights

Affects only
property rights

On Authority

2. Exercised only by the

Government

May be exercised by
private entities

Exercised by the
Government

On Motivation

3. Public necessity and

the right of the State
and of the public to
self-preservation and
self-protection

Necessity of the
public for the use of
private property

Public necessity

On Property

4. Property intended for

noxious purpose is
taken and destroyed

Property is
wholesome and is
devoted to public use
or purpose

Property is
wholesome and is
devoted to public
use or purpose

On
Compensation

5. Compensation is the
intangible, altruistic
feeling that the
individual has
contributed to the
public good

Compensation is full
and fair equivalent of
the property taken

Compensation is
the protection and
public
improvements
instituted by the
govt for the taxes
paid

On Status of
Contract

6. Contracts may be
impaired

Contracts may be
impaired

Contracts may not

be impaired