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People. It Is Considered To Be The Most All-Encompassing of The Three Powers

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Mary Ann Ambita

The document discusses the 3 inherent powers of the state: 1. Police power, which allows the government to regulate people and property to promote public welfare. 2. Power of eminent domain, which allows the government and some private entities to take private property for public use, upon providing just compensation. 3. Power of taxation, which allows the government to collect revenue through taxes to fund public projects and services, as long as taxes are uniform, equitable, and not confiscatory.

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People. It Is Considered To Be The Most All-Encompassing of The Three Powers

Uploaded by

Mary Ann Ambita
32 views1 page
The document discusses the 3 inherent powers of the state: 1. Police power, which allows the government to regulate people and property to promote public welfare. 2. Power of eminent domain, which allows the government and some private entities to take private property for public use, upon providing just compensation. 3. Power of taxation, which allows the government to collect revenue through taxes to fund public projects and services, as long as taxes are uniform, equitable, and not confiscatory.

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The document discusses the 3 inherent powers of the state: 1. Police power, which allows the government to regulate people and property to promote public welfare. 2. Power of eminent domain, which allows the government and some private entities to take private property for public use, upon providing just compensation. 3. Power of taxation, which allows the government to collect revenue through taxes to fund public projects and services, as long as taxes are uniform, equitable, and not confiscatory.

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© All Rights Reserved
Download as DOCX, PDF, TXT or read online from Scribd
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32 views1 page

People. It Is Considered To Be The Most All-Encompassing of The Three Powers

Uploaded by

Mary Ann Ambita
The document discusses the 3 inherent powers of the state: 1. Police power, which allows the government to regulate people and property to promote public welfare. 2. Power of eminent domain, which allows the government and some private entities to take private property for public use, upon providing just compensation. 3. Power of taxation, which allows the government to collect revenue through taxes to fund public projects and services, as long as taxes are uniform, equitable, and not confiscatory.

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3 Inherent Powers of the State: b) Lawful Means – the means employed must be reasonable and must

conform to the safeguards guaranteed by the Bill of Rights.


1. Police Power.

2. Power of Eminent Domain or Power of Expropriation; and


2. POWER OF EMINENT DOMAIN- affects only property RIGHTS. It may be
3. Power of Taxation exercised by some private entities. The property forcibly taken under this
power, upon payment of just compensation, is needed for conversion to
public use or purpose. The taking of property in law may include:
Purpose:
 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
1. for public good or welfare - Police Power
intended.
2. for public use - Power of Eminent Domain
The property that may be subject for appropriation shall not be limited
3. for revenue - Power of Taxation 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 the only things exempt from expropriation. Although it is also
lodged primarily in the national legislature, the courts have the power to
1. POLICE POWER is the power of promoting the public welfare by
inquire the legality of the right of eminent domain and to determine
restraining and regulating the use of both liberty and property of all the
whether or not there is a genuine necessity, therefore.
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, 3. POWER OF TAXATION- affects only property rights and may be exercised
the President, and administrative boards as well as the lawmaking bodies on only by the government. The property taken under this power shall likewise
all municipal levels, including the barangay may not exercise it without a be intended for a public use or purpose. It is used solely for the purpose of
valid delegation of legislative power. Municipal governments exercise this raising revenues, to protect the people and extend them benefits in the form
power by virtue of the general welfare clause of the Local Government Code of public projects and services (I hope so). Hence, it cannot be allowed to be
of 1991. Even the courts cannot compel the exercise of this power through confiscatory, except if it is intended for destruction as an instrument of the
mandamus or any judicial process. policepower. 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. Itis also
subject to the general requirements of the equal protection clause that the
Requisites of a valid police measure: rule of taxation shall be uniform and equitable.

http://lawreal.blogspot.com/2009/06/3-inherent- powers-of-state-1.html
a) Lawful Subject – the activity or property sought to be regulated
affects the public welfare. It requires the primacy of the welfare of
the many over the interests of the few.

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