Fundamental Powers of the State

3 Inherent Powers of the State:

1. Police Power;2. Power of Eminent Domain or Power of Expropriation; and3. Power of Taxation

Purpose:

1.for public good or welfare- Police Power2. for public use -Power of Eminent Domain3. for revenu - Power of Taxation

1. POLICE 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.It lies primarily in the discretion of the legislature.Hence, the President, and administrative boards as well as the lawmaking bodies on all municipal levels, including the barangay may not exercise it without a valid delegation of legislative power.Municipal governments exercise this power by virtue of the general welfare clause of the Local Government Code of 1991.Even the courts cannot compel the exercise of this power throughmandamus or any judicial process.

Requisites of a valid police measure:

(a.)Lawful Subject the activity or property sought to be regulated affects the public welfare. It requires the primacy of the welfare of the many over the interests of the few.

(b.)Lawful Means the means employed must be reasonable and must conform to the safeguards guaranteed by the Bill of Rights.

2. POWER OF EMINENT DOMAIN affects only property RIGHTS. It may be exercised by some private entities. The property forcibly taken under this power,upon payment of just compensation, is needed for conversion to public use or purpose.

The taking of property in law may include:

- trespass without actual eviction of the owner;- material impairment of the value of the property; or- prevention of the ordinary uses for which the property was intended. The property that may be subject for appropriation shall not be limited to private property. Public property may be expropriated provided there is a SPECIFIC grant of authority to the delegate. Money and a chose in action are the only things exempt from expropriation.Although it is also lodged primarily in the national legislature, the courts have the power to inquire the legality of the right of eminent domain and to determine whether or not there is a genuine necessity therefore.

3. POWER OF TAXATION affects only property rights and may be exercised only by the government. The property taken under this power shall likewise be intended for a public use or purpose. It is used solely for the purpose of raising revenues, to protect the people and extend them benefits in the form of public projects and services (I hope so). Hence, it cannot be allowed to be confiscatory, except if it is intended for destruction as an instrument of the police power.

It must conform to the requirements of due process. Therefore, taxpayers are entitled to be notified of the assessment proceedings and to be heard therein on the correct valuation to be given the property. It is also subject to the general requirements of the equal protection clause that the rule of taxation shall be uniform and equitable.

Inherent Powers of the GovernmentPower of Eminent Domain - Eminent domain is the right or power of a sovereign state to appropriate private property to particular uses to promote public welfare. It is an indispensable attribute of sovereignty; a power grounded in the primary duty of government to serve the common need and advance the general welfare.

Police Power is the power of the government to regulate behaviors and enforce order within its territory, often framed in terms of public welfare, security, health, and safety. The exercise of police power can be in the form of making laws, compelling obedience to those laws through physical means with the aim of removing liberty, legal sanctions, or other forms of coercion and inducements.

Power of Taxation the power to impose and collect taxes and charges on individuals, goods, services, and other to support the operation of the government.

Funds provided by taxation have been used by states and their functional equivalents throughout history to carry out many functions. Some of these include expenditures on war, the enforcement of law and public order, protection of property, economic infrastructure (roads, legal tender, enforcement of contracts, etc.), public works, social engineering, and the operation of government itself. Governments also use taxes to fund welfare and public services. These services can include education systems, health care systems, pensions for the elderly, unemployment benefits, and public transportation. Energy, water and waste management systems are also common public utilities.