The courts can inquire into and hear proof on the necessity of an expropriation in a particular case, but cannot question the general authority of the legislature to grant entities the power of eminent domain.
For a valid delegation of police power, the interests of the public must require its exercise and the means used must be reasonably necessary and not unduly oppressive. Congress can delegate police power to the President, administrative boards, and local governments. Valid delegations include ordinances requiring oil companies to relocate depots and mandating registration for radiologists.
Police power is the inherent authority of the state to regulate both property and liberty to promote public welfare. In the Philippines, Congress and entities with validly delegated authority
The courts can inquire into and hear proof on the necessity of an expropriation in a particular case, but cannot question the general authority of the legislature to grant entities the power of eminent domain.
For a valid delegation of police power, the interests of the public must require its exercise and the means used must be reasonably necessary and not unduly oppressive. Congress can delegate police power to the President, administrative boards, and local governments. Valid delegations include ordinances requiring oil companies to relocate depots and mandating registration for radiologists.
Police power is the inherent authority of the state to regulate both property and liberty to promote public welfare. In the Philippines, Congress and entities with validly delegated authority
The courts can inquire into and hear proof on the necessity of an expropriation in a particular case, but cannot question the general authority of the legislature to grant entities the power of eminent domain.
For a valid delegation of police power, the interests of the public must require its exercise and the means used must be reasonably necessary and not unduly oppressive. Congress can delegate police power to the President, administrative boards, and local governments. Valid delegations include ordinances requiring oil companies to relocate depots and mandating registration for radiologists.
Police power is the inherent authority of the state to regulate both property and liberty to promote public welfare. In the Philippines, Congress and entities with validly delegated authority
The courts can inquire into and hear proof on the necessity of an expropriation in a particular case, but cannot question the general authority of the legislature to grant entities the power of eminent domain.
For a valid delegation of police power, the interests of the public must require its exercise and the means used must be reasonably necessary and not unduly oppressive. Congress can delegate police power to the President, administrative boards, and local governments. Valid delegations include ordinances requiring oil companies to relocate depots and mandating registration for radiologists.
Police power is the inherent authority of the state to regulate both property and liberty to promote public welfare. In the Philippines, Congress and entities with validly delegated authority
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I.
May the courts inquire into, and hear proof upon, the necessity of an expropriation? When and when not? (5 pts.)
In the case of City of Manila v. Chinese Community of Manila, it was stated that the general power to exercise the right of eminent domain must not be confused with the right to exercise it in a particular case. The power of the legislature to confer, upon municipal corporations and other entities within the State, general authority to exercise the right of eminent domain cannot be questioned by the courts, but that general authority of municipalities or entities must not be confused with the right to exercise it instances. The moment the municipal corporation or entity attempts to exercise the authority conferred; it must comply with the conditions accompanying the authority. The necessity for conferring the authority upon a municipal corporation to exercise the right of eminent domain is admittedly within the power of the legislature. But whether the municipal corporation or entity is exercising the right in a particular case under the conditions imposed by the general authority, is a question which the courts have the right to inquire into.
II. What are the requisites of proper use of the State’s Police Power? May it be delegated? Give three (3) instances of valid delegation of Police Power. (5 pts.)
In the case of SJS, et al. v. Hon. Atienza, Jr., the State, delegated to the local governments, may be considered as having properly exercised their police power only if the following requisites are met: (1) the interests of the public generally, as distinguished from those of a particular class, require its exercise and (2) the means employed are reasonably necessary for the accomplishment of the purpose and the means employed are not unduly oppressive upon individuals. Meaning, there must be a concurrence of a lawful subject and a lawful method. Generally, police power can only be exercised by the Congress except when it is validly delegated to the President and administrative boards as well as the law-making bodies on all municipal levels.
1. In the case of SJS, et al. v. Hon. Atienza, Jr., there is a valid delegation of police power to the City of Manila through the enactment of the Ordinance No. 8027 where oil companies are asked to relocate their oil depots, which is situated in Pandacan Terminal, out of the said area to promote general welfare. The City of Manila was impelled to take such measures to protect its residents from catastrophic devastation, especially from terrorist attack since it is located in a densely populated area and is near to Malacañang Palace, and that location is open to attack through land. water, or air. The said Ordinance is a valid exercise of police power since it reclassifies the Pandacan Terminal from an industrial to a commercial area, and as a result of the zoning ordinance the business operation of the oil companies in the said area is no longer permitted. This is a valid legal means since there are no other means to prevent terrorist from targeting and attacking the oil depot because the oil companies did not present any evidence that they are equipped on preventing such attacks.
2. In the case of Rubi v. Provincial Board of Mindoro, where the Governor enacted the Section 2145 of the Administrative Code of 1917, directing the non-Christians, specifically the Manguianes, to occupy a piece of an unoccupied land selected by the provincial Governor himself and approved by the provincial board so that they could be segregated and to become a proper civilian who is useful to the State which will promote general welfare. The relocation of the indigenous people to said uninhabited land is a valid legal means since if the Manguianes are left unsupervised they would not become educated and civilized which will make them ignorant of the laws of the State and this may cause them to unknowingly violate the laws of the State. Also, this is also to protect them from slavery because as a civilized citizen they will know their basic rights.
3. Lastly, in the case of Velasco v. Villegas, the enactment of Ordinance No. 4964 which prohibits the business of massaging customers of a barber shop in a separate room is a valid exercise of police power since this may forestall possible immorality which might grow out of the construction of separate rooms for massage of customers.
III. Briefly define the concept of Police Power of the State. Generally, in the Philippines, which body/department possess the authority to exercise Police Power of the State. Give examples. (3 pts.)
Police Power of the State is an inherent power of the State which authorizes it to enact a legislation which interferes/regulates not only the property but also the liberty of private persons to promote general welfare. Generally, police power can only be exercised by the Congress except when it is validly delegated to the President and administrative boards as well as the law- making bodies on all municipal levels.
In case of St. Luke's Medical Center Employee's Foundation AFW v. NLRC, the Congress passed and enacted R.A. No. 7431, which requires that for a person to practice radiology, one must obtain a certificate of registration from the Board of Radiologic Technology. Petitioner, who was already a regular in St. Luke's Medical Center as a radiologist, was dismissed due to noncompliance of the requirement of submitting said certificate of registration. Petitioner her dismissal due to R.A. No. 7431 is an invalid exercise of police power of the State. However, the Supreme Court held that while the right of workers to security of tenure is guaranteed by the Constitution, its exercise may be reasonably regulated pursuant to the police power of the State to safeguard health, morals, peace, education, order, safety, and the general welfare of the people. Consequently, persons who desire to engage in the learned professions requiring scientific or technical knowledge may be required to take an examination as a prerequisite to engaging in their chosen careers. The state is justified in prescribing the specific requirements for x-ray technicians and/or any other professions connected with the health and safety of its citizens. This requirement eliminates incompetent radiologist from practicing such profession to promote the general welfare of the public, especially in procedures requiring to exposure from radiation due to x-ray.
