Inherent Powers of the State


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fundamental powers of the state (Philippine context)

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Inherent Powers of the State

  1. 1. Philippine Politics, Governance and New Constitution @sheshealarcio
  2. 2. Inherent Powers of the State
  3. 3. Proper Fund Safety
  4. 4. SIMILARITIES OF THESE POWERS •They are inherent. •They are indispensable.
  5. 5. SIMILARITIES OF THESE POWERS • These are methods of the government to interfere with private rights. • They all presuppose an equivalent compensation for the private rights interfered with. • They are exercised primarily by the legislative branch of the state.
  6. 6. LIMITATIONS OF THESE POWERS • These powers can’t be exercised to trample rights guaranteed under the Bill of Rights ▪ Exercise of these powers are subject at all times to the limitations and requirements of the constitution.
  7. 7. Police Power
  8. 8. Police Power •Is the power to enact and enforce the law for regulation of public order and welfare.
  9. 9. Police Power
  10. 10. Police Power: Characteristics •Police power is considered the most pervasive, the least limitable and the most demanding power.
  11. 11. Police Power: Characteristics •Police power is dynamic, not static and must move with the moving society it is supposed to regulate
  12. 12. Police Power: Characteristics •Police Power may sometimes use taxing power as an implement for the attainment of a legitimate police objective
  13. 13. Power of Expropriation
  14. 14. Is the power to take private property for public use. Power of Expropriation
  15. 15. Power of Expropriation
  16. 16. Requisites on Expropriation Necessity Private Property Just Compensation Power of Expropriation
  17. 17. Power of Taxation
  18. 18. Power of Taxation Power to impose and collect revenues for the operation of the government for the people.
  19. 19. Power of Taxation BIR is responsible of collecting, assessing and imposing taxes to be used for public operations of the government.
  20. 20. Power of Taxation The purpose of taxation is to raise funds to support the government and the services for the public.
  21. 21. Power of Taxation The importance of taxation is derived from the unavoidable obligation of the government to protect the people and extend benefits.
  22. 22. Power of Taxation Inherent in sovereignty Essentially legislative function Nature
  23. 23. Philippine Politics, Governance and New Constitution @sheshealarcio