3 Inherent Powers of the State

3 Inherent Powers of the State: 1. Police Power; 2. Power of Eminent Domain or Power of Expropriation; and 3. Power of Taxation Purpose: 1. for public good or welfare - Police Power  2. For public use - Power of Eminent Domain 3. for revenue - Power of Taxation 1. POLICE POWER is the power of promoting the public welfare by restraining and regulating the use of both liberty and proper ty 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  through mandamus or any judicial process. Most pervasive of all, least limitable and m ost demanding among the powers. Requisites of a valid police measure: (a.) Lawful Subject – Subject  – the activity or property sought to be regulated affects the public welfare. It requires the primacy of the welfare of the m any over the interests of the few. (b.) Lawful Means – Means  – the means employed must be reasonable and must conform to the safeguards guaranteed by the Bill of Rights. (c.) Additional limitations when police power is exercised by a virtue of valid delegation: Express grant by law Within the territorial limits of enacting body Must not be contrary to law The President Law making bodies of the local government units

 Administrative Bodies 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, 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 t he only things exempt from expropriation.  Although it is also also lodged primarily in the national legislature, legislature, the courts courts have the power to inquire the legality legality of the right of eminent domain 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 peopl e 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. Police Power  It is defined as the power of the State of promoting public welfare by restraining and regulating regulating the use of liberty and prop erty. In other words, it is the power to promote general welfare and public interest; to enact laws to promote public health, public morals and public safety of the inhabitants of the State. It can be derived from its definition that the power is based on public necessity and self-preservation. Among the three powers, police power is characterized as the most pervasive, the least limitable and the most demanding. The justification is found in the age-old maxims: salus populi est suprema lex (the welfare of the people is supreme) and sic utere ut alienum non laedas (so you may use your property not to injure the rights of others). Police power is generally exercise by the legislature since it is the main repository of State powers. The power, nonetheless, is delegable to other  entities such as the President, administrative agencies and the law-making bodies of local governments. There are two requisites for a valid exercise of police power. First, the exercise thereof must have a lawful subject, i.e. the interest of the public in general as distinguished from those of particular class. Second, the exercise must through lawful means, i.e. the means employed must be reasonably necessary for the accomplishment of the purpose and it must not be unduly oppressive to individuals and other affected entities.

Eminent Domain It is the power of the State t o 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. However, there are instances when the power is deemed exercised without actual taking of the property. This is possible in cases like, when through a State action, there is practical destruction or material impairment of the value of the property or when the owner is deprived of the ordinary use of his property. Also, there is implied exercise of the power when the owner is deprived of the jurisdiction, supervision and control of his property. 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 resulting to the detriment of the society. Without taxes, the government would be paralyzed paralyzed for l ack 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. Like the other powers, it is can be delegated by the legislature to the President and local governments. But taxation cannot be delegated to administrative administrative agencies although the administration of taxation can be delegated to them. Taxation powers of the State , for all its awesome pervasiveness, pervasiveness, is still saddled with inherent and as well as constitutional limitations. Example of inherent limitation is that taxation can be exercised only for public purpose. On the other hand, example of constitutional limitation is that the exercise of taxation p owers must not violate due process and equal protection clause of the Constitution. Similarities: The three inherent of the state are similar in the following respects: 1. They are inherent in the state and maybe exercise by it wiouth need of express constitutional constitutional grant. 2. They are not only necessary but indespensable. the state cannot continue or eff ective unless it is able to exercise them. 3. They are methods b y which the state interferes with private r ights. 4. They all presuppose an equivalent compensation compensation for tyhe private rights interfered with. 5. They are exercise merely b y legislature. Differences: The three inherent powers of the state differ from each other in the following ways: 1. The police power regulate both liberty and property. the power of eminent domain and the power of taxation affect only property rights. 2. The police power and power of taxation maybe exercise only by the government. The power of eminent domain maybe exercise by private entities. 3. The property taken in the police power is destroyed because it is noxious or intended for noxiousr purpose. The property taken under the power  of eminent domain and the power of taxation is intended for a public use or purpose and is therefore wholesome.

4. The compensation of the person subjected to the police power is the intangible altruistic feeling that he has contibuted to the several welfare. the compensation involved involved in the other powers is more concrete, to wit, a full and fair equivalent to the property expropriated or protection and the public improvement for the taxes paid. Limitations:  Although inherent inherent and indespensable, indespensable, the fundamental powers of the state state are not without without restrictions-as ours is a government government of limited powers, even these prerogatives may not be exercise arbitrarily, arbitrarily, to the prejudice of the bills of rights. The presumption in libertarian societies is in favor of  private rights and against attempt on the part of the state to interfer with them, " Constitutional provision provision for the security of persons and property should be liberally construed." Hence, the exercise of these fundamental powers is subject at all times to the limitation and requirements of the constitution and may in proper cases be annulled by the courts of justice 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, expropriation, eminent domain domain is described as as the “highest and most exact idea of property remaining remaining in the government” that may be acquired for some som e 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 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 abilit y 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 involved in the other powers is more concrete, to wit, a full and fair equivalent of the property expropriated or protection and public improvements for the taxes paid Characteristics: Police Power cannot be bargained away through the medium of a treaty or a contract. Eminent Domain Requisites: There must e a necessity for the taking of the private property. -When legislature decides on the necessity of the taking, it is a political question, whereas when it is exercised by a delegated party the question of the necessity of taking is a justiciable question. What is being taken is private property to be used for public purpose. Thus the property taken cannot be used for private purpose, nor can private property be taken when it is already being used for public purpose.

-Any private property capable of ownership may be taken with the exception of money and chases in action. Services may be the subject of the power of eminent domain. The private property taken should be for public use. The meaning of public use is not confined to the actual use b y the public in it’s traditional sense. It has been broadened to include uses which while not directly available to the public redound to their indirect advantage or benefit. Just compensation must be paid for the private property taken. -it is the court which decides what constitute just compensation. -Compensation -Compensation must be paid in money though in the case of agrarian reform program compensation is partially paid in bonds. -compensation is determined determined as of the date of the filing of the complaint for eminent domain in general. -The owner is entitled to the payment of interest if claimed. If unclaimed, interest is waived. -Title does not pass to the government until payment has been made. Due process of law must be observed in the process of expropriation. Taxation: Inherent Limitations: Taxes can be levied for public purpose only Non-delegability Non-delegability to private persons of the exercise of the power  Territoriality or situs of taxation taxes can be imposed only within the territory of the taxing state. Exemption of government from taxation. Due to International Comity ne state cannot tax another sovereign state. Constitutional Constitutional Limitations: Due process of law must be observed i.e. the tax must not be confiscatory Equal protection of law must be observed in such a way that the tax must be uniform and equitable. Taxes must be progressive. Taxes should not impair contracts.

They should not violate the rule on the non-imprisonment for non payment of poll tax Tax should not infringe on r eligious freedom Tax measures should originate from the House of Representatives. Bill of rights Definition: Set of prescriptions setting forth the fundamental civil and political rights of the individual and imposing limitations on the powers of the government as a means of securing the enjoyment of those rights. Nature: Cannot be evoked against acts of private individuals being directed only against the government and its law enforcement agencies as a limitation on official action. Basis: Transcendental Transcendental worth and dignity of the individual. individual. Purpose: Preserve democratic ideals to safeguard fundamental rights and to promote the happiness of individual. Due Process: A law which hears before it condemns, which proceeds upon inquiry and renders judgement only after trial : Responsiveness to the supremacy of reason obedience to the dictates of justice :The embodiment of the sporting idea of fir play. :Not necessarily required a hearing but simply an opportunity to be heard. Substantive Due Process: Law itself, itself, to the application of the appropriate law in acertain case and that law must be fair just and reasonable. Thus should a person be denied his property it must be in accordance with the rightful reason and that the legal consequences and penalty to be applied shall be just and appropriate. Procedural Due Process: Method or manner by which the law is enforced. It requires a procedure “which hears before it condemn s which proceeds upon inquiry and renders judgement only after trial. An indispensable requisite of this aspect assures reasonable protection to one’s right to life, liberty and property. Ex. Rights to appeal the case, to be heard by the counsel. Fruit of the Poisonous Tree  An extension of of the exclusionary rule established in Silverthorne Lumber Co. v. United States, 251 U.S. 385 (1920). This doctrine holds that evidence gathered with the assistance of illegally obtained information must be excluded from trial. Thus, if an illegal interrogation leads to the discovery of physical evidence, both the interrogation and the physical evidence may be excluded, the interrogation because of the exclusionary rule, and the physical evidence because it is the “fruit” of the illegal interrogation. This doctrine is subject to three of important exceptions. The evidence will not be excluded (1) if it was discovered from a source independent of the illegal activity; (2) its discovery was inevitable; or (3) if there is attenuation between the illegal activity and the discovery of the evidence.

DEFINITION FROM NOLO’S PLA IN-ENGLISH LAW DICTIONARY In criminal law, the doctrine that evidence discovered through unconstitutional unconstitutional means (such as a forced confession or illegal search and seizure), may not be used as evidence against a criminal defendant. For example, if a suspect is arrested but is not read theMiranda rights, then tells the police the location of stolen property, and the police then find the stolen property as a result of the interrogation, the st olen property is inadmissible because it was acquired through an unconstitutional interrogation. interrogation.

Void for Vagueness 1) In criminal law, a declaration that a law is invalid because it is not sufficiently clear. Laws are usually found void for vagueness if, after setting some requirement or punishment, the law does not specify what is required or what conduct is punishable. 2) Under vagueness doctrine, a statute is also void for vagueness if a legislature's delegation of authority to judges and/or administrators is so extensive that it would lead to arbitrary prosecutions. 3) In property law, a declaration that a deed or other instrument purporting to affect property rights is invalid because it lacks a sufficiently clear  description of the property. DEFINITION FROM NOLO’S PLAIN-ENGLISH PLAIN -ENGLISH LAW DICTIONARY  A civil or criminal criminal statute that is so unclear or ambiguous ambiguous that a reasonable reasonable person of average average intelligence could could not determine its its meaning or  application. A vague criminal statute is unconstitutional unconstitutional on the basis that a defendant could not defend against a charge which could not be understood.

Overbreadth doctrine is a principle of judicial review that a law is invalid if it punishes constitutionally protected speech or conduct along with speech or conduct that the government may limit to further a compelling government interest. A statute that is broadly written which deters free expression can be struck down on its face because of its chilling effect even if it also prohibits acts that may legitimately be forbidden. If a statute is overbroad, the court may be able to save the statute by striking only the section that is overbroad. If the court cannot sever the statute and save the constitutional provisions, it may invalidate the entire statute. “According to a long line of decisions, equal protection simply requires that al l persons or things similarly situated should be treated alike, both as to rights conferred and responsibilities imposed.” It “requires public bodies and institutions to treat similarly situated individuals in a similar  manner.” “The purpose of the equal protection clause is to secure every person within a state’s jurisdiction against intentional and arbitrary discrimination, discrimination, whether occasioned by the express terms of a statue or by its improper execution through the state’s duly con stituted authorities.” “In other words, the concept of equal justice under the law requires the state to govern impartially, and it may not draw dist inctions between individuals solely on differences that are irrelevant to a legitimate governmental objective. objective. Warrant of Arrest: to take the person into custody in order that he may be bound to answer the commission of an offense

Search Warrant: an order in writing issued in the name of the People of the Philippines signed by a judge and directed to a p eace officer, commanding him to search for personal property described therein and bring it before the court. Requisites: Probable Cause: existence of such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed and that the objects sought in connection with the offense are in the place sought to be searched. Search Warrant Warrant of Arrest: existence of such facts and circumstances antecedent to the issuance of the warrant that in themselves are sufficient to induce a cautious man to rely on them and act in pursuance thereof. The existence of probable cause must personally determined by the judge. Distinguish preliminary inquiry which determines determines probable cause from the preliminary investigation proper which ascertains whether the offender  should be held for trial or released.  After examination under oath or affirmation affirmation of the complainant complainant and the witness witness he may produce. produce. Based on personal knowledge not on belief or mere info. Particularly describing describing the place to be searched and the persons or things to be seized When the description therein is as specific as the circumstances will ordinarily allow. instances of warrantless searches Law and jurisprudence have laid down the instances when a warrantless search is valid. These are: 1. Warrantless search incidental to a lawful arrest recognized under Section 12 [now Section 13], Rule 126 of the Rules of Court and by prevailing  jurisprudence;  jurisprudence; 2. Seizure of evidence in "plain view," the elements of which are: (a) a prior valid intrusion based on the valid warrantless arrest in which the police are legally present in the pursuit of their official duties; (b) the evidence was inadvertently discovered discovered by the police who had the right to be where they are; (c) the evidence must be immediately apparent[;] and; (d) "plain view" justified mere seizure of evidence without further search.

3. Search of a moving vehicle. Highly regulated by the government, the vehicle's inherent mobility reduces expectation of privacy especially when its transit in public thoroughfares furnishes a highly reasonable suspicion amounting to probable cause that the occupant com mitted a criminal activity; 4. Consented warrantless search; 5. Customs search; 6. Stop and Frisk; and 7. Exigent and Emergency Circumstances. The right to privacy is concisely defined as the right to be left alone. The right to privacy of communication and correspondence allows allows persons to correspond and communicate with each other without the State having a right to pry into such correspondence and communication.  Any evidence obtained obtained in violation violation of the above-mentioned above-mentioned right is inadmissible inadmissible for any purpose purpose in any proceedings. proceedings. The main elements of the freedom of expression: • Freedom to hold opinions without interference (freedom of opinion) • Freedom to seek, receive and impart information and ideas (freedom of speech and information) be it orally, in writing, in print, in the form of art, • Through the media (freedom of the media) • Regardless of frontiers (freedom of  international communication). communication). (As detailed by Art. 19 of The Universal Declaration of  Human Rights) Scope of Free Speech Clause Freedom of speech under the Philippine Constitution includes includes freedom of expression, freedom of the press and the right of the people to peacefully assemble and petition the government for redress of grievances. Uttering protected speech makes the speaker not on ly immune from punishment for his words after they have been uttered, but also protects him against prior restraints or regulations that censor his words before they are uttered. The free assembly clause is one of the few constitutional liberties preceded by a modifier  – modifier  – “peaceably” – ensuring that violent upraising and rioting aren’t included in the right to gather. Students who gather freely every day, for everything from sports to loitering in the halls or in front of  stores or in the mall, should understand the fundamental basis for the right to peaceably assembly. The right to peaceably assemble preserves more than the right to march peacefully. It includes consideration of such things as: Curfews, loitering & freedom of association Protests & buffer zones

 Assembly on private private property, and Funeral protests Most notably, the right to gather together has been used to maximize the right to free speech in the expression of civil rights views, from the early suffrage movement, to Dr. Martin Luther King, Jr’s civil rights marches.

The Right to Form Unions or Associations (Sec. 8, Art. III) The right to form unions or associations is the freedom to organize or to be a member of any group or association, union, or society, and to adopt the rules which the members think m ost appropriate to achieve their purpose.  Aspects of religions religions freedom The separation of Church and State The freedom of religious profession and worship Freedom to believe in a religion Freedom to act in accordance with such belief 

Freedom from religion has two relevant aspects: personal and political. On the personal level, a right to be free from religion means that a person has the freedom not to belong to any religion or religious organization. The right to be religious and to join religious orga nizations would be meaningless if there did not exist a parallel right not to join any at all. Religious liberty must simultaneously protect both the right to be religious and the right not to be religious at all - it cannot protect a right to be religious, just so long as you pick some religion. The first part is the right of individuals or groups to freedom from government interference interference with their religious beliefs and practices  – let’s call this part freedom from interference. interference. Sometimes the government government interferes by flatly prohibiting a belief belief or practice and sometimes it interferes by discriminating discriminating against people of a certain religion in employment, education, or other government benefits. For example, some nations require that people holding government office must belong to a particular religion. In order to assure this first aspect of religious liberty  – the freedom from interference – interference – it is not sufficient to prevent direct interference. Discrimination on the basis of religion must also be banned.

The second aspect of religious freedom is the relationship between religion and the government  – let’s call this religion/state relations. This part is concerned about government actions that bring religious beliefs or practices into state activities  – such as prayer or religious education in public schools. Religion/state relations relations is about government actions that intrude into religious institutions, such as government oversight of  church-run schools schools or hospitals. In these situations, the government government may not be inte rfering with any particular person’s religious beliefs or  practices, but it is joining religion to government in ways that may be harmful to religious liberty. So, we have two aspects of religious liberty: first, the freedom from interference for groups and individuals and, second, the relationship between religion and the state. Liberty of Abode and Travel (Sec. 6, Art III) The liberty of abode is the right of a person to have his home in whatever place chosen by him and thereafter to change it at will. The liberty of travel is the right of a person to go where he pleases, without interference from any source. Liberty to abode includes the right to choose one's residence to leave it whenever one pleases, within the limits prescribed by law, to travel where one wills, and to return to his place of residence, except in the interest of national security, public safety, and health.  Any citizen of of the Philippines and and alien to agiven extent extent enjoys the right to obtain information information on matters of public public concern from government government records and documents on public policy laws passed by Congress, financial report at the DBM ETC. However certain records of n ational interest and confidentiality may be kept secret by the State. Warrant Less Arrest When the person to be arrested in Flagrante Delicto (caught in the act) or is attempting to commit an act constituting a felony When the right has been voluntarily waived such as posting of bail bonds or when there exists consent When the person to be arrested is a prisoner who has e scaped from a penal establishment or place where he is serving final judgement or  temporarily confined while his case is pending or has escaped while being transferred from one confinement to another. When the felony has been committed and the peace officer or private person has personal knowledge of material facts that the suspects to be arrested Has actually committed it.  Acts that are incidental incidental to the operation operation of the law like like raids, buy bust bust operations entrapments entrapments or checkpoints. checkpoints. For as long as the vehicle vehicle is limited to a visual search said routine checks cannot be regarded as violative of an individuals rights against unreasonable search. When the writ of habeas corpus has been suspended upon the declaration of Martial Law.