According to Cruz’s Constitutional Law, C.

Fairness: Laws and regulations should be reasonable and not

discriminate unfairly.
POLICE POWER
1. Due process clause: no person shall be deprived of life, liberty, or
I. What is Police Power? property without due process of law, and;
A. Definition: The authority of the state to make laws and regulations for the 2. Equal protection clause: no person shall be denied the equal
safety and welfare of its citizens. This power allows the state to enact laws protection of laws.
and regulations aimed at promoting public health, safety, morals, and
general welfare. It includes the authority to enforce laws, regulate V. Conclusion:
businesses, and impose restrictions for the greater good of society. A. Police power is essential for maintaining order and protecting citizens.
B. It must be exercised responsibly and within legal bounds to safeguard
B. Purpose: To maintain order, promote public health, safety, and general individual rights and promote the common good.
welfare. Public necessity and the right of the State and of the public to self-
preservation and self-protection. EMINENT DOMAIN

II. How is Police Power Used? I. What is Eminent Domain?

A. Making laws: Legislatures create rules for things like traffic safety, public A. Definition: The government's authority to take private property for public
health standards, and consumer protection. use, with compensation to the owner. Power of Eminent Domain is power
B. Enforcing regulations: Governments enforce these rules through grants the state the authority to acquire private property for public use,
agencies like the police, health departments, and environmental agencies. provided that just compensation is provided to the property owner.
C. In general: It is dynamic, not static, and must move with the moving Eminent domain is typically exercised for purposes such as infrastructure
society. It is supposed to regulate. Once exercised, it is not deemed development, public utilities, or urban renewal projects.
exhausted and may be exercised again and again, as often as it is B. Purpose: To facilitate public projects such as roads, schools, and utilities.
necessary for the protection or the promotion of the public welfare.
2 stages of Eminent Domain Cases:
III. Examples of Police Power in Action: 1. The determination of the authority of the expropriator to exercise
A. Traffic laws: Speed limits and rules of the road. the power of eminent domain and the propriety of its exercise in
B. Health regulations: Food safety standards and vaccination requirements. the context of the facts involved in the suit; and
C. Safety measures: Building codes and fire safety regulations. 2. The determination by the court of “the just compensation for the
property sought to be taken” (Republic v. Lim)
IV. Limits and Protections:
A. Constitution: Police power must not violate constitutional rights, like REQUISITES OF EMINENT DOMAIN:
freedom of speech or privacy. 1. NECESSITY – there must be necessity which must be of public
B. Judicial review: Courts can strike down laws that go too far or unfairly character.
restrict individual rights. Exercised by congress: the question of genuine necessity
is a political question which the courts cannot inquire into.

Outline-3-Inherent-Powers-Of-The-State Bea Antoinette Makinano Aranas

 Exercised by delegate: it may be a: 6. DUE PROCESS
I. Grant of a special authority for special purpose, in
which case the question of genuine necessity is still II. How is Eminent Domain Used?
a political question; or A. Acquisition of property: Governments acquire land, buildings, or other
II. Grant of general authority in which case it is a assets needed for public projects.
justiciable question that can be resolved by the B. Just compensation: Property owners are compensated fairly for the
courts. value of their property taken.

2. PRIVATE PROPERTY – generally, all private property capable of III. Examples of Eminent Domain in Action:
ownership may be expropriated, it may include public utility. A. Road construction: Land may be acquired to build highways or widen
Exceptions: roads.
A. Money – it is a futile act because of the B. Urban development: Properties may be acquired for redevelopment
requirement for the payment of just projects or public parks.
compensation, usually made in money. C. Infrastructure projects: Land may be taken for the construction of
B. Choses in action – is a proprietary right in airports, bridges, or pipelines.
personam, such as debts owned by another
person, a share in a joint-stock company, or a IV. Limits and Protections:
claim for damages in torn, it is a right to bring A. Constitutional protections: The Fifth Amendment requires just
an action to recover a debt, money, or thing. compensation and prohibits taking property without a public purpose.
B. Due process: Property owners have the right to challenge takings in
3. PUBLIC USE – refers to any use directly available to the general court and seek fair compensation.
public as a matter of right and not merely of forbearance or C. Public purpose requirement: Takings must serve a legitimate public use,
accommodation. not purely private interests.

4. TAKING – it is appropriation to title to and possession of the V. Challenges and Adaptations:

expropriated property, but may be availed of to impose only a A. Community impact: Balancing the benefits of public projects with the
burden upon the owner of condemned property, without loss of impact on affected communities.
title and possession. B. Fair compensation: Ensuring property owners receive adequate
compensation for their loss.
Instances of taking (DOJ) C. Public engagement: Involving affected stakeholders in the decision-
a. The owner is Deprived or dispossessed of his property making process.
b. The owner is deprived of the Ordinary use of his property
c. The owner is deprived of Jurisdiction, supervision and control VI. Conclusion:
of his property. A. Eminent domain is a necessary power for advancing public projects and
infrastructure.
5. JUST COMPENSATION – it is the full and fair equivalent

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B. It must be exercised judiciously, respecting property rights and ensuring V. Challenges and Adaptations:
fair compensation for affected owners. A. Economic impact: Tax policies can influence economic behavior,
investment, and growth.
TAXATION B. Equity considerations: Ensuring tax burdens are distributed fairly across
income levels and demographics.
I. What is Taxation? C. Technological advancements: Adapting tax systems to changes in
A. Definition: The government's authority to impose charges on individuals technology and commerce.
and businesses to fund public expenditures. Power of Taxation: The state
has the inherent authority to impose taxes on its citizens and entities within VI. Conclusion:
its jurisdiction to generate revenue for public expenditures. Taxes are A. Taxation is a vital tool for funding government operations and public
levied on various sources of income, property, transactions, and activities, services.
and they are essential for funding government services and programs. B. It requires careful balancing of revenue needs, economic considerations,
B. Purpose: To generate revenue for financing government services, and fairness to taxpayers.
programs, and infrastructure. These three inherent powers form the foundation of the state's authority to
govern and regulate its citizens and territory, ensuring the functioning and
II. How is Taxation Implemented? well-being of society as a whole.
A. Tax collection: Governments collect taxes through various methods,
including income taxes, sales taxes, property taxes, and corporate taxes. LIMITATIONS OF THESE INHERENT POWERS:
B. Tax administration: Tax agencies oversee the collection, enforcement, Exercising these inherent powers is subject at all times to limitations and
and compliance of tax laws. requirements of the constitution, and may, in proper cases be annulled, by
the courts of justice.
III. Examples of Taxation in Action:
A. Income taxes: Individuals and businesses pay taxes on their earnings.
B. Sales taxes: Consumers pay taxes on goods and services purchased.
C. Property taxes: Property owners pay taxes based on the value of their
real estate.
D. Corporate taxes: Companies pay taxes on their profits.

IV. Limits and Protections:

A. Constitutional constraints: Taxation must comply with constitutional
provisions, such as equal protection and due process.
B. Taxpayer rights: Taxpayers have the right to challenge tax assessments
and seek remedies for unfair treatment.
C. Accountability: Governments are accountable for the fair and efficient
use of tax revenues.

Outline-3-Inherent-Powers-Of-The-State Bea Antoinette Makinano Aranas