Inherent Powers of the State Lecture (2018; updated 2023) inherent powers of the state police power power of eminent domain power of taxation police power power of promoting public welfare by restraining and regulating the use of liberty and property // most pervasive, the least limitable, and the most demanding of the three powers. The justification is found in the Latin maxims: salus populi est suprema lex, and sic utere tuo ut alienum non laedas more on police power an inherent attribute of sovereignty power is primarily lodged with the legislature to make, ordain and establish laws, ordinances or various measures to ensure the good and welfare of the people // can be delegated with the President and other administrative agencies (MMDA v. Bel-Air Village Association, Inc., 328 SCRA 836, March 27, 2000, 1 Div. [Puno]) st police power is comprehensive encompasses even matters affecting health, peace, safety, order, morals and convenience of the community // “regulatory in nature and the power to issue licenses or grant business permits, if exercised for a regulatory and not revenue-raising purpose, is within the ambit of this power” (Acebedo Optical Company, Inc. v. CA, 329 SCRA 314, March 31, 2000, En Banc [Purisima]) exercising police power legislative body has the mandate to exercise police power power is primarily lodged with the legislature to make, ordain and establish laws, ordinances or various measures to ensure the good and welfare of the people delegated to President, admin bodies and LGUs LGUs exercise the power under the general welfare clause [Sec. 16, R.A. 7160], and under Secs. 391, 447, 458 and 468, R.A. 7160. MMDA has limited police power the body is not empowered by the law to “enact ordinances, approve resolutions and appropriate funds for the general welfare” of the inhabitants of Metro Manila // no power to confiscate, suspend or revoke drivers’ licenses but only to enforce traffic rules and regulations requisites to the exercise of police power LAWFUL SUBJECT : interests of the public vs interest of a particular class // LAWFUL MEANS : employed duly to accomplish a purpose and not as an oppressive mechanism against individuals additional limitations on the exercise of PP express grant by the law // within the territorial limits (LGUs) // must not be contrary to the law power of eminent domain power of a sovereign state to appropriate private property to particular uses to promote public welfare. exercising power of eminent domain exercised directly by the State or its authorised agents “No species of property is held by individuals with greater tenacity, and none is guarded by the Constitution and the laws more sedulously, than the right to the freehold of inhabitants. When the legislature interferes with that right, and, for greater public purposes, appropriates the land of ah individual without his consent, the plain meaning of the law should not be enlarged by doubt[ful] interpretation.” (Heirs of Alberto Suguitan v. City of Mandaluyong, 328 SCRA 137, March 14, 2000, 3 Div. [Gonzaga-Reyes]) rd exercised by LGUs lodged with the legislative branch and then delegated to LGUs for their exercise // can only be exercised when authorised through an ordinance (Municipality of Paranaque v. V.M. Realty Corp., 292 SCRA 678, July 20, 1998 [Panganiban]) requisites to the exercise of eminent domain necessity of taking of private property // for public use or purpose // payment of just compensation // valid offer to buy and refusal of offer requisites for valid exercise by LGUs ordinance enacted by Sanggunian authorising LCE to expropriate on behalf of LGU // must be for a public use/purpose, welfare or for the benefit of the poor and landless // payment of just compensation // there must first be a valid and definite offer to the owner of the property and said offer was refused. requisites for a valid “taking” exproprietor must enter a private property // entry must be for more than a momentary period // under the warrant or color of authority // property devoted for public use // utility must oust the owner and deprive him/her of beneficial enjoyment (Republic v. Castelvi, 58 SCRA 336) for “public use” traditional definition majority or all of the people benefits from the property or domain // if it only benefits individuals or a certain group of people then it is not for public use. vicarious benefit the purpose is public as long as the society or community in general gains a benefit (usually indirect) // e.g. a slum area converted into a model housing community payment of just compensation definition defined as the full and fair equivalent of the property taken from the private owner by the expropriator // intended to secure or reimburse the losses of the owner due to the expropriation basic or market value price that may be agreed upon by parties willing but not compelled to enter into a contract of sale. just compensation = actual or basic value of the property + consequential damages - consequential benefits ! *benefits should not exceed damages* power of taxation power to impose and collect taxes and charges on individuals, goods, services, establishments and others to support the operations of the government limitations on the exercise due process of the law tax should not be confiscatory // legislature again exercises the power but when taxes become unjust, courts can/should strike it down equal protection clause should be uniform and equitable // prohibition on double taxation public purpose for the operations of the government // special taxes may be imposed wherein they are treated as special funds paid out for such purpose note on tax exemptions no law granting any tax exemption shall be passed without the concurrence of a majority of all the Members of Congress [Sec. 28 (4), Art. VI, Constitution] comparing the inherent powers of the state similarities 1. Inherent in the state and exercised even without need of express constitutional grant 2. Necessary and indispensable // State cannot be effective without them 3. Methods to interfere with private property 4. Presupposes equivalent compensation 5. Exercised primarily by Legislature distinctions 1. PP regulates both liberty and property, ED and taxation affect only property rights 2. PP and taxation are exercised only by government while ED may be exercised by private entities 3. property taken through PP is usually noxious and may be destroyed, while in ED and taxation, the property is wholesome and devoted public purpose 4. Compensation in PP is altruistic in a sense that one has contributed to public good, in ED it is equivalent to the property taken while in taxation, it is embodied on the protection and public improvements undertaken by government
