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Module 4 - Fundamental Powers of The State PDF

This module discusses the fundamental powers of the state, including police power, eminent domain, and taxation. Police power allows the state to regulate for the health, safety, morals and general welfare of the public. Eminent domain refers to the power of the state to take private property for public use, provided that just compensation is given. Taxation is considered the lifeblood of the state and allows it to be exercised by the legislature, subject to principles of due process, uniformity, and equality. The module provides examples and guidelines for understanding the constitutional limitations around the exercise of these powers.

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61 views3 pages

Module 4 - Fundamental Powers of The State PDF

This module discusses the fundamental powers of the state, including police power, eminent domain, and taxation. Police power allows the state to regulate for the health, safety, morals and general welfare of the public. Eminent domain refers to the power of the state to take private property for public use, provided that just compensation is given. Taxation is considered the lifeblood of the state and allows it to be exercised by the legislature, subject to principles of due process, uniformity, and equality. The module provides examples and guidelines for understanding the constitutional limitations around the exercise of these powers.

Uploaded by

Fritzie G. Puctiyao
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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POLITICAL AND PUBLIC INTERNATIONAL LAW REVIEW

ATTY. JOHN RAY LIBIRAN

M O D U L E IV
Fundamental Powers of the State

Objectives
By the end of this module, students should be able to:

1. Define all the fundamental powers of the state, determine who exercises them and
how they are exercised
2. Distinguish Police Power, Eminent Domain, and Taxation
3. Apply the constitutional limitations for the exercise of the power

Module Guide
Study the following concepts and answer the guide questions

I. Police Power
1. Article II, Section 5
a. Basis
b. What does the legal maxim “salus populi est suprema lex” mean?
2. Observe your community, give clear and actual examples where police power
was exercised. Who exercised the power? What was done? What were the
procedures undertaken?
a. Who may exercise the power in general? Are there exceptions?
b. How is the power exercised?
3. Tests to determine the validity of the exercise of the power
a. Lawful Subject
b. Lawful Means
II. Eminent Domain
1. Article III, Section 9

This module is protected by Philippine and other international copyright laws. Reproduction and distribution in
any form, uploading or posting online, transmitting in any for or by any means, without the written permission of
the author is prohibited. All rights reserved. August 2020.
a. Basis
b. Limitations to the exercise of the power
i. Necessity
(1) When exercised by the legislature
(2) When exercised by a delegate
ii. Private Property
(1) Devoted to public use
iii. Taking
(1) Direct
(2) Indirect
iv. Public Use
v. Just compensation
(1) Time of taking
(2) Time of filing
2. Who may exercise the power? Are there exceptions to the rule?
3. When should the title be transferred?

III. Taxation
1. What is the lifeblood doctrine?
a. Is tax a debt? Can you be imprisoned for non-payment of tax?
b. Scope of taxation
c. How is Tax Exemption construed? Why?
2. Who exercises the power? Are there exceptions to this rule?
3. Limitations and conditions to the exercise of the power
4. Enumerate the constitutional provisions on taxation
a. Due process and equal protection
b. Uniformity
c. Equality
d. Double taxation

Reading list
1. Sto. Tomas vs. Salac, 685 SCRA 245 (2012)
2. NY Times vs. U.S. (Pentagon Papers) 403 U.S. 713 (1971)

This module is protected by Philippine and other international copyright laws. Reproduction and distribution in
any form, uploading or posting online, transmitting in any for or by any means, without the written permission of
the author is prohibited. All rights reserved. August 2020.
3. PPI vs. COMELEC, 244 SCRA 272
4. Tio vs. Videogram Regulatory Board, 151 SCRA 208
5. Ortigas vs. Court of Appeals, G.R. No. 126102, December 4, 2000
6. Chavez vs. Romulo, 431 SCRA 534
7. Metro Manila Development Authority vs. Bel-Air Village Association, G.R. No.
135962, March 27, 2000
8. Professional Regulations Commission vs. De Guzman, G.R. No. 144681, June 21,
2004
9. JMM Promotion and Management, Inc. vs. Court of Appeals, 260 SCRA 319
10. Dela Cruz vs. Paras, 123 SCRA 569
11. Republic vs. PLDT, 26 SCRA 620
12. Jesus is Lord Christian School Foundation vs. Municipality of Pasig, G.R. No.
152230, August 9, 2005
13. Republic vs. Legaspi, 670 SCRA 110 (2012)
14. NPC vs. Ileto, 678 SCRA 107 (2012)
15. Filstream International, Inc. vs. Court of Appeals, 284 SCRA 716
16. Lagcao vs. Judge Labra, G.R. No. 155746, October 13, 2004
17. Eslaban vs. De Onorio, G.R. No. 146062, June 28, 2001
18. Republic (DAR) vs. Court of Appeals, 263 SCRA 758
19. Land Bank vs. Court of Appeals, 249 SCRA 149
20. Land Bank vs. Honeycomb Farms Corp., 667 SCRA 255 (2012)
21. Land Bank vs. Heirs of Jesus Alsua, G.R. No. 211351, February 4, 2015
22. Film Development Council of the Philippines vs. Colon Heritage Realty
Corporation, G.R. No. 203754, June 16, 2015
23. City of Manila vs. Prieto et.al. G.R. No. 221366, July 08, 2019
24. Southern Luzon Drug Corporation vs. DSWD, G.R. No. 199669, April 25, 2017

Assessment
An examination will be given as scheduled

This module is protected by Philippine and other international copyright laws. Reproduction and distribution in
any form, uploading or posting online, transmitting in any for or by any means, without the written permission of
the author is prohibited. All rights reserved. August 2020.

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