1. Power of Taxation 2. Power of Eminent Domain 3. Police Power 4. Power of Taxation 5. Lawful Subject, Lawful Means 6. See number 5 7. Police Power 8. The expropriator must enter a private property.

1. THREE INHERENT POWERS
OF THE STATE

2. The power of the government or
state to enforce and money
mandatory or compulsory money
contribution from the people to
support the needs of the nation.
3 Inherent Powers of
the State
Power of
Police Power of
Eminent
Power Taxation
Domain

3. POLICE POWER is the power of promoting the
public welfare by restraining and regulating the use of
both liberty and property of all the people. It is
considered to be the most all-encompassing of the
three powers. It may be exercised only by the
government. The property taken in the exercise of this
power is destroyed because it is noxious or intended
for a noxious purpose.
Tests of the Police Power
1. Lawful Subject
2. Lawful Means
2. EMINENT DOMAIN

4. Lawful Subject Lawful Means
The activity or property
sought to be regulated both the end and the means must be
legitimate
affects the public welfare. ○ Ynot v. IAC: the prohibition of the
interprovincial transport of
It requires the primacy of carabaos
cannot prevent the indiscriminate
the welfare of the many slaughter because they can be killed
anywhere.
over the interests of the
few.
•Taxicab Operators of Metro
Manila v. Board of
Transportation:
phasing out taxicabs more
than 6 yrs. old- to protect the
riding public and promote their
comfort and convenience
HOME

5. Lawful Subject
The activity or property
Lawful Means
sought to be regulated
affects the public welfare.
It requires the primacy of
the welfare of the many
over the interests of the
few.
•Taxicab Operators of Metro Both the end and the
Manila v. Board of
Transportation: means must be
phasing out taxicabs more
than 6 yrs. old- to protect the legitimate
riding public and promote their
comfort and convenience
•Ynot v. IAC: the
prohibition of the
interprovincial transport
of carabaos
cannot prevent the
indiscriminate slaughter
because they can be
killed
anywhere.
HOME

6. Power of
Eminent Domain
It is the power of the State to forcibly take private
property for public use upon payment of just
compensation. Like police power, it is based on the
overriding public necessity and is exercisable by the
legislative department of the State. But unlike police
power, eminent domain may be exercised by private
entities with the express valid delegation from the
legislature. It can likewise be exercised by the
President, administrative agencies and local
governments. The power is usually exercised through
the formal expropriation proceedings before a court
which, when granted by the latter, will result to the
actual taking of the property from its owners upon
payment of just compensation.
Requisites of Taking in Eminent Domain
1. The expropriator must enter a private property.
2. The entry must be for more than a momentary
period. TAXATION

7. Power of
Taxation
It is the power by which the State exacts enforced
proportional contribution from the people, property and
exercise of a right within its territory to raise revenue
for the purpose of defraying the necessary expenses of
the government. The main theory supporting the exercise
of the power is the so-called "lifeblood theory". The
theory states that taxes are the lifeblood of the nation.
Without the revenue raised from taxation, the
government will not survive resulting to the detriment of
the society. Without taxes, the government would be
paralyzed for lack of motive power to activate and
operate it. Another theory is the benefits-received
theory which states that tax are imposed because of the
reciprocal duties of protection and support between the
State and the taxpayer. The taxpayer is liable to pay tax

8. Summary:
1. Police Power – for public good
2. Power of Eminent Domain – for
3. Power of Taxation – for revenu

9. READY FOR QUIZ?
¼ paper…

10. Qu e s t i o n :
1. Mo n e y c o n t r i b u t i o n f r o m t h e
p e o p l e t o s u p p o r t t h e n e e d s o f
t h e n a t i o n .
2. I t i s a p o we r o f St a t e t o
f o r c i b l y t a k e p r i v a t e p r o p e r t y
f o r p u b l i c u s e u p o n p a y me n t o f
j u s t c o mp e n s a t i o n .
3. I t i s a p o w e r p r o mo t i n g t h e
p u b l i c we l f a r e o r p u b l i c g o o d .
4. I t i s a p o we r b y wh i c h t h e s t a t e
e x a c t s e n f o r c e d p r o p o t i o n a l from
the people, property and etc… f o r t h e p u r p o s e
o f r a i s i n g r e v e n u e s .
5. -6. G i v e t h e 2 t e s t s o f P o l i c e
Po we r .
7. I t i s c o n s i d e r e d t o b e t h e mo s t
e s s e n t i a l p o w e r a mo n g a l l .
8. Gi v e o n e r e q u i s i t e s o f t a k i n g