FUNDAMENTAL POWER OF THE STATE

FUNDAMENTAL POWERS OF THE STATE

POWER OF EMINENT DOMAIN

Police Power

POWER OF TAXATION

Who may exercise the Power of Eminent domain?

1. The Congress

2. The President

3. The local legislative bodies

4. Certain public corporations (e.g. Land Authority and the MWSS)

5. Quasi-public corporations (e.g. PLDT and Meralco)

-is the power of the state to regulate liberty and property for the promotion of the general welfare.

- 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.

Who may exercise the

power of taxation?

· It is the Congress who exercises the plenary power to tax. However, it may be delegated by congress to local government units under such terms and conditions as may prescribed by law.

It is an inherent power of the state that enables it to forcibly acquire private property, which is intended for public use, upon the payment of just compensation. It is based on political necessity; it is inseparable from the state unless it is denied to it by its fundamental law.

Condemnation of private property is justified only if it is for the public good character. It is the courts of law that have the power to determine whether there is necessity therefore. 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”.

The following are the requisites or limitations

on the power to tax:

1. Public purpose;

2. Territoriality;

3. Uniformity;

4. Due process and equal protection clause;

5. Constitutionally exempt properties cannot be taxed;

6. In the assessment and collection of certain kinds of taxes, notice and opportunity for hearing must be provided.

It is the inherent power of the state to raise revenues to defray the expenses of the government or for any public purpose. This can be done through the imposition of burdens or imposition on persons, properties, services, occupations or transactions.

The importance of taxation derives from the unavoidable obligation of the government to protect the people and extend them benefits in the form of public projects and services. Taxation is based on necessity and the reciprocal duties of protection and support between the state and those that are subject to its authority.

What are the requisites in exercising the power of eminent domain?

1. The property taken must be private property;

2. The taking must be within constitutional sense;

3. The taking must be for public use

4. Just compensation must be paid;

5. There must be due process of law.

The following essential requisites must concur before an LGU can exercise the power of eminent domain:

1. An ordinance is enacted by the local legislative council authorizing the local chief executive to exercise the power of eminent domain;

2. It is exercised for the public use, purpose and welfare;

3. There must be payment of just compensation; and

4. A valid and definite offer has been previously made to the owner of the property south to be expropriated.

The basic purposes of Police Power are:

1. To serve the general welfare, comfort and convenience of the people;

2. To promote and preserve public health;

3. To promote and protect public safety;

4. To maintain and safeguard public order;

5. To protect public morals; and

6. To promote the economic security of the people.

Distinction

COMMON LIMITATIONS

1.May not be exercised arbitrarily to the prejudice of the Bill of Rights.

2. Subject at all times to the limitations and requirements of the Constitution and may in proper cases be annulled by the courts,i.e.when there is grave abuse of discretion

SIMILARITIES

1. They are inherent in the State and may be exercised by it without need of express constitutional grant.

2. They are not only necessary but indispensable. The State cannot continue or be effective unless it is able to exercise them.

Reporters:

Almazan, Kristelle Kelly

Sellado, Kimberly Mae

Yecyec, Wendilyn