THREE INHERENT POWERS OF THE STATE

What is INHERENT POWERS OF THE STATE?

The power of the government or state to enforce and money mandatory or compulsory money contribution from the people to support the needs of the nation.

3 Inherent Powers of the State

Police Power

Power of Eminent Domain

Power of Taxation

Police PowerPOLICE 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.

Tests of the Police Power1. Lawful Subject2. Lawful Means

2. EMINENT DOMAIN

The activity or property sought to be regulatedaffects the public welfare. It requires the primacy of the welfare of the many over the interests of the few.

• Taxicab Operators of Metro Manila v. Board of Transportation:phasing out taxicabs more than 6 yrs. old- to protect the riding public and promote theircomfort and convenience

Lawful Subject Lawful Means

HOME

both the end and the means must be legitimate○ Ynot v. IAC: the prohibition of the interprovincial transport of carabaoscannot prevent the indiscriminate slaughter because they can be killedanywhere.

The activity or property sought to be regulatedaffects the public welfare. It requires the primacy of the welfare of the many over the interests of the few.

• Taxicab Operators of Metro Manila v. Board of Transportation:phasing out taxicabs more than 6 yrs. old- to protect the riding public and promote theircomfort and convenience

Lawful Subject Lawful Means

HOME

Both the end and the means must be legitimate

• Ynot v. IAC: the prohibition of the interprovincial transport of carabaos

cannot prevent the indiscriminate slaughter because they can be killedanywhere.

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Power of Eminent Domain

It is the power of the State to forcibly take private property for public use upon payment of just compensation. Like police power, it is based on the overriding public necessity and is exercisable by the legislative department of the State. But unlike police power, eminent domain may be exercised by private entities with the express valid delegation from the legislature. It can likewise be exercised by the President, administrative agencies and local governments. The power is usually exercised through the formal expropriation proceedings before a court which, when granted by the latter, will result to the actual taking of the property from its owners upon payment of just compensation.

Requisites of Taking in Eminent Domain1. The expropriator must enter a private property.2. The entry must be for more than a momentary period.3. The entry must be under warrant or color of legal authority.4. The property must be devoted to public use or otherwise informallyappropriated or injuriously affected.5. The utilization of the property for public use must be in such a way as tooust the owner and deprive him of beneficial enjoyment of the property.

TAXATION

Power of Taxation

It is the power by which the State exacts enforced proportional contribution from the people, property and exercise of a right within its territory to raise revenue for the purpose of defraying the necessary expenses of the government. The main theory supporting the exercise of the power is the so-called "lifeblood theory". The theory states that taxes are the lifeblood of the nation. Without the revenue raised from taxation, the government will not survive resulting to the detriment of the society. Without taxes, the government would be paralyzed for lack of motive power to activate and operate it. Another theory is the benefits-received theory which states that tax are imposed because of the reciprocal duties of protection and support between the State and the taxpayer. The taxpayer is liable to pay tax because of the protection it receives from the State.

Summary:

1.Police Power – for public good or welfare2.Power of Eminent Domain – for public use3.Power of Taxation – for revenue

READY FOR QUIZ?¼ paper…

Question:

1. Money contribution from the people to support the needs of the nation.

2. It is a power of State to forcibly take private property for public use upon payment of just compensation.

3. It is a power promoting the public welfare or public good.4. It is a power by which the state exacts enforced

propotional from the people, property and etc… for the purpose of raising revenues.

5. -6. Give the 2 tests of Police Power.7. It is considered to be the most essential power among all.8. Give one requisites of taking Eminent Domain9. - 10. Give the definition or importance of “Inherent

Powers of the State.

Thank you!!