Powers of the State Flashcards
Parens Patriae, Police Power, Eminent Domain, Taxation, Rule of Law
What is the Doctrine of Parens Patriae?
Parens patriae means “father of his country”, and refers to the State as a last-ditch provider of protection to those unable to care and fend for themselves.
What is the most evasive/demanding power of the state?
Police power
What are the Inherent powers of the state?
Police Power, Eminent Domain, Taxation
What is the Life Blood Doctrine?
This doctrine underscores that taxes serve as the “lifeblood” of the government, sustaining its ability to fulfill its roles and obligations to society. Taxes are essential for the government’s operation and existence, as they fund essential public services, infrastructure, and administrative functions.
Maynilad Water Services, Inc. vs Secretary of DENR DOCTRINE
PARENS PATRIAE
Maynilad Water Services, Inc. vs Secretary of DENR FACTS
Maynilad failed to comply with PH CLean Water Act (RA 9275.
The court emphasizes the principle that the government, as a trustee, must protect natural resources and public interests, drawing parallels to the accountability of public officials in managing public trust.
What is Police Power?
Police power is the inherent power of the State to regulate or to restrain the use of liberty and property for public welfare.
(Manila Memorial Park vs Secretary of DSWD and DOF)
Under the police power of the State, “property rights of individuals may be subjected to restraints and burdens in order to fulfill the objectives of the government”
Requirements to have valid exercise of police power?
lawful subject or objective and a lawful method
ISSUE of Manila Memorial Park vs Secretary of DSWD and DOF
WON the 20% senior citizen discount has not been shown to be unreasonable, oppressive or confiscatory.
No. The 20% senior citizen discount has not been shown to be unreasonable, oppressive or confiscatory.
While the Constitution protects property rights, the State, in the exercise of police power, can intervene in the operations of a business which may result in an impairment of property rights in the process.
What is Rule of Law?
Rule of Law is a foundational principle that asserts the supremacy of law over all individuals, institutions, and government officials.
People v. Veneracion
Lando the accused guilty beyond reasonable doubt of the crime of Rape with Homicide. Since the law in force at the time of the commission of the crime for which respondent judge found the accused guilty was Republic Act No. 7659, he was bound by its provisions.
On the occasion of Rape, committed Homicide, is the judge allowed any discretion in imposing either the penalty of Reclusion Perpetua?
No. In the case of People v. Veneracion, In so doing, respondent judge acted in excess of his jurisdiction or with grave abuse of discretion amounting to a lack of jurisdiction in imposing the penalty of Reclusion Perpetua where the law clearly imposes the penalty of Death.
The Rules of Court mandates that after an adjudication of guilt, the judge should impose “the proper penalty and civil liability provided for by the law on the accused.
