Inherent Powers of the State

Topics: Property, United States Constitution, Private property Pages: 9 (2301 words) Published: September 23, 2013
Inherent Power of the State
Powers of the state

Inherent and legislative powers
Inherent because they exist as soon as the state is born, and vital that the state cannot survive without them.

These are legislative powers because they belong to the domain of lawmaking and are geared towards upholding the general welfare. Powers of the state
POLICE POWER

POWER OF EMINENT DOMAIN

POWER OF TAXATION
POLICE POWER
Power of the state to make laws, policies and ordinances for the welfare of the people.

It is intended to promote the well being of the people, their health, safety, economic stability, morality, peace, harmony, and security. This power is anchored on the latin maxim, Salus populi est suprema lex (the welfare of the people is the supreme law)

For example, when the government declares a bay or lake infected by red tide, it may ban the harvesting, the selling, and eating of shellfish and other marine products to prevent people from being poisoned.

When a factory, a piggery, or a poultry emits obnoxious odor or fumes dangerous to the peoples health, the government may order its closure, ban its operation, or impose fines to the operators.

Police power is exercised to safeguard the public from economic sabotage during critical times. For example, stores found overpricing maybe ordered padlocked or fined. Who may exercised Police Power?

Legislative (lawmaking body)
Executive branch
Local executives (as defined by law)

Eminent domain
Enables the state to acquire private property upon payment of just compensation for some intended public use.

Also called the power of expropriation, eminent domain is described as the “highest and most exact idea of property remaining in the government” that may be acquired for some public purpose through a method “in the nature of a compulsory sale to the state.”

Requisites for Valid exercise of power of Eminent Domain
The property taken must be intended for public use or public purpose. Payment of just compensation
Due process of law must be observed
Note: 1.  exercise must meet the element of necessity
          2.  property must be a private property.

Who may exercise the power of expropriation?
The Congress
The President
The various local legislative bodies
Certain public corporations: Land Authority, MWSS
Quasi-public corporations: PLDT, Meralco

Taxation
The state is able to demand from the members of society their proportionate share or contribution in the maintenance of the government. Non-payment of tax may be subject to criminal prosecution and punishment. SIMILARITIES OF THE POWERS OF THE STATE

They are inherent in the state and may be exercised without need of express constitutional grant. They are not only necessary but indispensible.
They are methods by the state by which the State interferes with private rights. They all presuppose an equivalent compensation for the private rights interfered with. They are exercised primarily by the legislature.

Features of taxation
It is compulsory
It is proportionate to one’s ability to pay
It is payable in money
Taxes are imposed by the sate
The Three Inherent Powers of the State Compared
SIMILARITIES OF THE POWERS OF THE STATE
The police power regulates both liberty and property. The power of eminent domain and the power of taxation affect only property rights.

Only the government may exercise the police power and the power of taxation. The power of eminent domain may be exercised by some private entities.

The property taken in the exercise of the police power is destroyed because it is noxious or intended for noxious purpose. The property taken under the power of eminent domain and taxation is intended for public use and is therefore wholesome.

The compensation of the person subject to the police power is the intangible altruistic feeling that he has contributed to the general welfare. The compensation involved in the other powers is more concrete, to wit,...
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