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83 views4 pages

Module 2 Notes

Uploaded by

Faith Montalban
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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CRI 166 Guide for Teachers

Prepared By: Faith E. Montalban

Module 2
Suggested Date of Discussion: July 1/2/3, 2024
Topic: Three Inherent Powers of the State

After giving a brief overview of the all-encompassing characteristics of Human Rights in Module
1, Module 2 talks about the inherent powers of the State which are powers that the State can
use to limit human rights of one person to ensure that rights of others are not compromised.

What is a State?
A state is a political division of a body of people that occupies a territory defined by frontiers.
The state is sovereign in its territory (also referred to as jurisdiction) and has the authority to
enforce a system of rules over the people living inside it.

Note:
According to Article 1 of the 1993 Montevideo Convention, for an entity to be considered as a
State, it must have these characteristics:
a) a permanent population;
b) a defined territory;
c) government; and
d) capacity to enter into relations with the other states. (this is called sovereignty)

What are the Three Inherent Powers of the State?


• The fundamental powers of the State are the police power, the power of eminent domain,
and the power of taxation.

Why are they called Inherent?


As being inherent, it means that as long as the State exists, this power can never be taken
away. These powers are inherent and do not need to be expressly conferred by
constitutional provision on the State. They are supposed to coexist with the State. The
moment the State comes into being, it is deemed invested with these three powers as its innate
attributes.

Note:
Only the Power of Eminent Domain is expressly written in the Constitution. Article 3, Section 9
states: Private property shall not be taken for public use without just compensation. Note that
this provision does not confer upon the State the power to expropriate (other term for power of
eminent domain = power of expropriation) but rather, limits the power of eminent domain to
protect the citizens. No provision in the Constitution grants the Philippines the right to use any of
the three powers because it is not necessary to be written, it's already inherent.

1. THE POLICE POWER


CRI 166 Guide for Teachers
Prepared By: Faith E. Montalban
The power of promoting the public welfare by restraining and regulating the use of liberty and
property. This is the most pervasive, the least limitable, and the most demanding of the
three powers. The police power regulates not only property but, more importantly, the liberty
of private persons, and virtually all the people.

Why is it considered to be the most pervasive, the least limitable, and the most demanding
of the three powers?
- it can also regulate liberty, unlike expropriation and taxation which only regulates
property.

Basis for Police Power: (2)


1. Salus Populi Est Suprema Lex - the welfare of the people is the supreme law
2. Sic utere tuo ut alienum non laedas - one must use their property in a way as not to
injure others.
- basically, individual right is subordinate to the rights and benefits of the greater number.

Is it absolute? Can the State automatically restrain a person's property and liberty as it wishes?
- No, it must be a valid exercise of police power.

Tests to determine the validity of the exercise of Police Power: (2) There must be a:
1. Lawful Goal - The interests of the public generally, as distinguished from those of a
particular class, require the exercise of police power;
2. Lawful Means - The means employed are reasonably necessary for the
accomplishment of the purpose and not unduly oppressive upon individuals.

Example:
Mayor Jhessa of Biringan City wanted to stop the proliferation of STDs within the city. To do this,
she ordered all the businesses in the red light district to be closed including all the restaurants
and bars within the vicinity even if they were not engaging in any activity within the city. Was
there a valid exercise of police power?
- No. Even if there was a valid goal (to stop proliferation of STD which is for the general
public) there was no valid means (the closure of businesses for innocent owners was
not reasonable for such goal)

2. THE POWER OF EMINENT DOMAIN (Also known as the Power of Expropriation)

This is the power of the government to expropriate private property for public use. Anything
that comes under the dominion of man is subject to expropriation. This will include real
and personal, tangible and intangible properties. Property already devoted for public use is
still subject to expropriation, provided this is done directly by the National Legislature or
under a specific grant of authority to the delegate.

Examples: road widening of highways, re-location.


CRI 166 Guide for Teachers
Prepared By: Faith E. Montalban
Notes:
The State has the power to interfere with a person's right to property if it's to devote it to public
use.

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

Notes:
Just compensation - money equivalent to the property being taken
real property - immovables, ex. land, buildings
personal property - movables, ex. tables, chairs, books
tangible - can be held
intangible - cannot be held

Example Scenarios:
Jhessa, a representative of DPWH, wanted to take Pamela's private property to turn it into a
municipal plaza because it is located at the center of the town. Is there a valid exercise of the
Power of Eminent Domain?
- Yes, as long as Jhessa pays for just compensation.

Possible Questions:
1. Can you decline? You may but the government can still take private property away
because they have the power to do so.
2. Who determines the value of just compensation? The Court.
3. What if the property is not private but already public property, can it still be taken? Yes,
as long as it's taken by the National Legislature.

3. THE POWER OF TAXATION

What are taxes?


- taxes are enforced proportional contributions from persons and property, levied by the
State by its power, for the support of government and all public needs
- considered to be the lifeblood of the nation

Taxation is the process of mutual obligation of the State and the Taxpayer. The taxpayer pays
for taxes such as real estate taxes for land, value added tax (VAT) for everything they buy, while
the State has the obligation to devote such taxes to governmental projects to improve the way
of living.

—-- End of Module 2


CRI 166 Guide for Teachers
Prepared By: Faith E. Montalban
PS. Classifications are also discussed in Module 4.

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