Inherent Powers of the State

The Inherent powers of the state are as follows:

  1. Power of Taxation
  2. Police Power
  3. Power of Eminent Domain

Inherent defined:
As being inherent, it means that as long as the state exists, this power can never be taken away.

  1. Power of Taxation – An inherent power of the state exercised through legislature, to impose burdens upon subjects and objects within its jurisdiction, for the purpose of raising revenues to carry out the legitimate objects of the government.Nature:
    An inherent power of the state exercised through the legislature.

    Scope:
    To impose burdens upon subjects and objects within its jurisdiction.

    Purpose:
    For raising revenue to carry out the legitimate objects of the government

    Revenue Objective – To build a just and human society and the establishment of a government under certain ideals and aspirations.

    Sumptuary Objective – An implement of the police power of the state for regulatory purposes. In this case, it is used in furtherance of any government objective either as an incentive or deterrence. As an implement, the generation of revenue is merely incidental or in furtherance thereof. (Lutz v. Araneta, 98 Phil 148).

    Compensatory Objective – For social justice purposes or other purposes or other legitimate objectives of the State, with a view to realize social justice, equitable distribution of wealth, economic progress and other similar objectives (Southern Cross Cement Corp. v. Cement Manufacturers Assoc. of the Phils, GR 158540)

  2. Police Power – This is the power vested in the Legislature by the Constitution to make, ordain, and establish all manner of wholesome and reasonable laws, statutes and ordinances, either with penalties or without, not repugnant to the Constitution, for the good and welfare of the State and its subjects.Basis:
    This power is based on the legal maxim “salus populi est suprema lex” (the voice of the people is the supreme law). Every citizen of every community, in a civilized society must bear certain burdens imposed for the good of all.Note:
    No right is absolute in the face of the common good.

    Nature:
    Police power is an attribute of sovereignty and founded on the obligation of the State to provide protection for its citizens and the safety and good order of society.

    Scope:
    Police power is founded on which our social system rests and has for its object the improvement of social and economic conditions affecting the community. It depends on the security of the social order, life and health of citizens, comfort and existence in a thickly populated community, enjoyment of social life, and beneficial use of property.

    Requisites:
    1. Interest of the public is general, not that of pa particular class
    2. means used are reasonably necessary for the purpose, and not unduly oppressive upon individuals

  3. Power of Eminent Domain – This is the right of the State to acquire private property for public use upon payment of just compensation and observance of due process.Basis:
    It is based on genuine necessity and that necessity must be of public character. It must be reasonable and practicable such that it would greatly benefit the public with the least inconvenience and expense to the condemning party ad property owner consistent with such benefit.

    Requisites:
    1. There must be taking of public property
    2. It must be for public use
    3. There must be just compensation
    4. Due process of law must be observed in taking of the of property

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