Inherent Powers Of The State Flashcards
Define the inherent powers of the State and enumerate these three powers.
They are powers inherent in the State and can be exercised without Constitutional provisions. They are necessarily indispensable, and the State cannot be effective without them.
The three inherent powers of the State are (1) police power, (2) power of imminent domain, and (3) power of taxation.
Distinctions of the Inherent Powers - What are the rights governed by all powers?
Police power governs liberty and property rights, while the power of imminent domain and the power of taxation only governs property rights.
Distinctions of the Inherent Powers - With regards to the properties subject to each of the powers, what are their differences?
Properties subject to police power is usually harmful or intended to cause harm, while properties subject to the power of imminent domain and the power of taxation is wholesome and is intended for public use.
Distinctions of the Inherent Powers - What are the means of compensation in each of the powers?
In police power, the compensation is the intangible, altruistic that the individual has contributed to the public good.
In power of imminent domain, it is the full and fair equivalent value of the property taken.
In power of taxation, it is the protection given and/or public improvements instituted by the government for the taxes paid.
How is these inherent powers limited?
Generally, the Bill of Rights provided in the Constitution limits these Inherent Powers, although in some cases, the exercise of the powers prevails over specific Constitutional guarantees.
Define what is Police Power.
Police power is the power of the State of promoting public welfare by restraining and regulating the use of liberty and property.
Who exercises police power?
Generally, police power is vested to the Legislative department. But it can be delegated to the (1) President, (2) Government Agencies, and (3) Local Legislative Bodies.
What are the two tests for the valid exercise of police power? Explain each test briefly.
These are the lawful subject and lawful means.
Lawful subject is the activity or property sought to be regulated affects the general welfare, if it does, the enjoyment of the rights flowing therefrom may yield.
Lawful means is the means employed are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive on individuals.
Define what is the Power of Imminent Domain.
The power of imminent domain is the power to forcibly acquire private property upon payment of just compensation for the public use of the property.
Who exercises the power of imminent domain?
In the case of Masikip v. City of Pasig, the power of eminent domain is lodged in the legislative branch of the government. It delegates the exercise thereof to local government units, other public entities and public utility corporations, subject only to Constitutional limitations.
What are the requisites for the exercise of the power of imminent domain?
The requisites for the exercise of the power of imminent domain are:
(1) There must be a genuine necessity to take the private property
(2) The property to be expropriated must be a private property
(3) There must be taking
(4) The property must be devoted for public use
(5) There must be just compensation
The first requirement of the exercise of the power of imminent domain is that there must be a genuine necessity to expropriate the property. Explain this requirement briefly.
Is this requirement subject to judicial review by the Court?
The necessity requirement basically states that in order for the power of imminent domain to be validly exercised, there must be a genuine reason why it is necessary to take the private property.
If the power is exercised by the national legislative department, the necessity is political in character, thus it cannot be subjected to judicial review by the Court. However, if the power is exercised by a delegate, then the Supreme Court can look into whether the expropriation by the delegate is necessary or wise.
The second requisite of the power of imminent domain is that the property to be expropriated must be a private property.
What properties are subjected to the power of imminent domain? What properties cannot be subjected?
Can a private property already devoted to public use be expropriated?
The properties that can be subjected to the power of imminent domain is basically anything that comes under the dominion of man. This includes real, personal, intangible properties, franchises, etc. Money and choses of action cannot be subjected to the power.
Under the case of City of Manila v. Chinese Community, a private property already devoted for public use cannot be expropriated under a general grant authority. In other words, delegates by the national legislate cannot expropriate private properties already devoted for public use.
The third requisite for the power of imminent domain is that there must be taking.
Define this requirement.
Under this requirement, there must be circumstances present in order for there to have a valid taking. What are these?
Taking is defined as either 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 intended.
Under Republic v. Castelvi, in order for there to be a valid taking, the following circumstances must be present:
(1) The expropriator must enter a private property
(2) The entrance into the private property must be for more than a momentary period
(3) The entry into the property must be under warrant or color of authority
(4) The property must be devoted for public use
(5) The utilization of the property must be must be in such a way to oust the owner and deprive him of all beneficial enjoyment of the property
The fourth requisite of the power of imminent domain is that the expropriated property must be devoted for public use. Define this requirement.
Public use as a requirement for the power of imminent domain is basically defined as the general concept of meeting public need or public exigency. It is synonymous to “public interest”, “public benefit”, “public welfare”, and “public convenience”.
