INHERENT POWERS
OF STATE
INHERENT POWERS OF STATE
POLICE POWER
POWER OF EMINENT
DOMAIN
POWER OF
TAXATION
The Three Inherent powers of the State are similar in the
following respects:
1. They are inherent in the state and may be exercised by
it without the need to express constitutional grant.
2. They are not only necessary but also indispensable.
The State cannot continue or be effective unless it is able
to exercise them
3. They are methods by which the state interferes with
private rights.
4. They all presuppose an equivalent compensation for
the private rights interfered with.
5. They are exercised primarily by the legislature.
Despite of being inherent and indispensable,
these powers are NOT without restrictions. It is
common knowledge that ours is a government
of limited powers and that these prerogatives
may not be exercised upon the rights
guaranteed under the Bill Of Rights. The exercise
of these fundamental powers is subject to all
times to the limitations and requirements of the
Constitution and may in proper cases be
annulled by the courts of justice.
l Power of the state to enact and enforce laws and
to regulate properly and liberty in the promotion
of the general welfare of the people
l the power to regulate the behavior or conduct of
it's citizen in the interest of the common good
within the limits if the state's laws
This power of the state is not only confined to it's
citizen but also to foreigners temporarily staying
within the state.
a. The police power is considered the most
pervasive, the least limitable, and the most
demanding of the three powers.
b. The police power is dynamic, not static and
must move with the moving society it is
supposed to regulate.
c. Police power may sometimes use the power
as an implement for the attainment of a
legitimate police objective.
EXAMPLES OF POLICE POWER LAWS
• On Public morals. Those punishing public scandal,
vagrancy and prostitution; prohibiting illegal gambling,
and the like.
• General Welfare and convenience. Those penalizing the
turning loose of the large cattle or permitting them to
run loose in streets and plazas of municipalities;
regulating prices of commodities; regulating distances
between gasoline stations among others.
• Public Safety. Those requiring a license to drive motor
vehicles; authorizing the demolition of buildings or
improvements which constitute a fire hazard.
• Public health. Those providing paternity and maternity
leave for working men and women respectively; those
regulating the medical profession and the like.
• This power enables the state to take private
property for public use upon payment of just
compensation.
• The power of eminent domain, otherwise
known as the power of expropriation, “is the
highest and most exact idea of property
remaining in the government” that may be
acquired for some public purpose through a
method “in the nature of compulsory sale to
the State.”
WHO MAY EXERCISE?
1. The Congress
2. The President
3. The local legislative bodies
4. Certain public corporations, like the
Land Authority and the MWSS
5. Quasi-public corporations like the
PNR, PLDT and the MERALCO.
REQUISITES OF TAKING THE
PROPERTY
A.Necessity
B.Private Property
C.Just Compensation
• It is the power of the state to impose
and collect revenues for the
operation of the government.
The revenues collected shall go back to
the people in the form of services.
PURPOSE AND IMPORTANCE OF
TAXATION
The purpose of taxation is undoubtedly to raise revenues
of funds to support the government and its service. Taxation
is also utilized as a tool to carry out the national objective or
social and economic development
The importance of taxation derives from the unavoidable
obligation of the government to protect the people and
extend them benefits in the form of public projects and
services. In return, then people are subjected to reciprocal
duty of sharing the expenses in the form of taxes.
NATURE OF TAXATION
A.The power of taxation is inherent in
sovereignty being indispensable in
the existence of the government
B.It is essentially a legislative form
CONSTITUTIONAL LIMITATIONS
OF TAXATION
A. Territory – which requires the person or property
taxed must be subjected to the jurisdiction of the
taxing State.
B. International Comity – under which the property of
a foreign state may not be taxed by another.
C. Exemptions of governmental agencies performing
governmental function.
D.Prohibition against the delegation of legislative
power under the principle of potestas delegata non
delegare potest.
E. The levy of taxes must be for public purpose.
THEORY OF TAXATION
Without funds, the Government cannot
meet the various essential expenses it has
incur to enable it to exist and function
effectively.
SCOPE OF TAXATION
The power of taxation is regarded as
supreme, unlimited and comprehensive.
It is so pervasive that it reaches even the
citizen abroad and his income earned
from source outside.
WHAT ARE TAXES ?
Taxes are the enforced proportional
contributions from persons and
property levied by the State by virtue
of its sovereignty, for the support of
the government and for all the public
needs.
IMPORTANT CHARACTERISTICS OF TAXES
A. It is enforced proportional contribution because its
imposition is not based upon the will of the person taxed.
B. It is generally payable in the form of money, although the
law may provide payment in kind.
C. It is laid by some rule of apportionment which is usually
based on the ability to pay
D. It is levied on person or property and also on acts,
transactions, rights, or privileges.
E. It is levied by the State, which has jurisdiction over the
person or property.
F. It is levied by the law-making-body of the State. The
power to tax is exclusively the function of legislature.
G. It is levied for public purpose.
BASIC PRINCIPLE OF A SOUND TAX
SYSTEM
A. Fiscal Adequacy, which means that the sources of
revenue should be efficient to meet the demands of
public expenditures.
B. Equality or theoretical justice, which means that
the tax burden should be proportionate to the tax
payers ability to pay (This is so called the ability to
pay principle)
C. Administrative feasibility, which means that the tax
laws should be capable of convenient, just effective
administration.
RIGHTS AND OBLIGATION OF THE
STATE
1.The right to exist as a sovereign
political entity.
2.The right to independence.
3.The right to equality.
4.The right to property and domain.
5.The right of jurisdiction.
THEORIES OF THE
ORIGIN OF THE STATE
DIVINE-RIGHT THEORY
It holds the State is a divine action and
God has chosen his vice-regents on
earth to rule it.
SOCIAL CONTRACT THEORY
It believes that the State
founded by man’s covenant or
contract.
PATRIARCHAL THEORY
It believes that the state is a mere
expansion of family; family to clan,
clan to tribe, tribe into nation and
nation into State.
NECESSITY AND FORCE THEORY
It maintains that the State is
founded because weak seeks
protection and the strong ones
protect and rule them in return.
INSTICTIVE THEORY
It holds the state is founded out
man’s instinct for association.
ECONOMIC THEORY
It believes that the State must
have the been founded to take
charge of man’s various needs.
HISTORICAL THEORY
It asserts that State is product of
human development.
