Aryssa Jane R.

Salmorin
BSED II-Social Studies

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Inherent Power
of the State
1. Police Power
-The power promoting the public welfare
by restarting and regulating the use of
liberty and property (Law of Overruling
Neccessity).

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2. Power of Eminent Domain
The power of the State to acquire private
property for public purpose upon payment
of just compensation.

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 “
3. Power of Taxation
-The power by which the State raises
revenue to defray the necessary
expenses of the government.

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Characteristic of
these Power
1. Demands unnecessary constitutional grant;
2. Necessary and indispensable;
3. Means by which the State interference with
private property;
4. Presuppose equivalent compensation; and
5. Primarily legislative in nature

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Police Power
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 SCOPE
Most pervasive, least limitable and
demanding; premised on the legal maxims;
salus populi est suprema lex (the welfare of
the people is the highest law), and sec utere
tuo ut alienum no laedas (act in such way
that you do not hurt anybody).

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 BASIS

Public neccessity and right of

State and of public to self-
protection.

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 ENTITY WHO
MAY
EXERCISE

Generally, by thr legislature, but also by the

a) President;
b) Administrative bodies;
c) Law- making bodies of local government units-
pursuant to validy delegated authority.

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 REQUISITES
There must be lawful subject and exercised by
lawful means.

When exercised by delegation there are additional

limitations, like;
a)express grant by law;
b)within territorial limits; and
c)must not contrary to law.
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 Exercise of Police
of LGUs.

The Supreme Court(2014) cited its stand in the

city Engineer of Baguio v. Baniqued (G.R. NO.
150270) in the case Aquino v. Municipality of
Malay, Aklan(G.R. No. 211356), and ruled
respectively:.

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There is no gain saying that a city mayor is an executive
official nor is the matter of issuing demolition notice or
order not a ministerial one. In determining whether or not
a structure is illegalor it should be demolished, property
right are involved thereby needing notice and opportunity
to be heard as provided for in the contitutionally
guaranteed right of due process. In pursuit of these
function, the city mayor has to execise quasi-judicial
power.

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Base on law and jurisprudence the office of the
mayor has quasi-judicial power to order the
closing and demolition of establishment. This
power granted by the LGC, as ealier explained, We
believe, is not the same power devolved in favor of
the LGU under Sec. 17 (b)(2)(ii), as above-quoted,
which is subject to review by the DENR.

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The fact that the building to be demolished is located
within a forestland under the administration of the DENR
is of no moment, for what is involved herein, strictly
speaking, is not a issue on environmental protection,
conservation of natural resource, and the and the
maintenace of ecological balance, but the legality or
illegality of the structure. Rather than treating this as an
environmental issue then, focus should not be diverted
from the root cause of this decacle-compliance.

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 Power of
Eminent Domain
Justice Corona defined the power of eminent domain
saying:
To be valid the making must be for public use. The meaning
of the term “public use” has evolved over time in response to
changing public needs and exigencies. Public use which was
traditionally understood as strictly limited to actual “use by the
public” has already abandoned. “Public use” has now been
held to be synonymous with “public interest,” “public
benefits,” and “public convience”.

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 SCOPE

Acquisition by goverment of private

property for some public through a
method in the nature of compulsory sale
to the goverment.

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 BASIS

Necessary of the property for

public use.

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 ENTITY WHO
MAY
EXERCISE
Generally, by thr legislature, but also by the
a) President;
b) Law-making bodies of local government;
c) Public corporation; and
d) Quasi-public corporations-pursuant to a validy
delegated autority.
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 REQUISITES
1.Necessity. If exercised by congress, it cannot be
quiestioned in Court- it is a political question; but if
exercised by delegation, its propriety may be
questioned in court- it is a justiciable question.
2. Private Property. A private property already
devoted for public use cannot be expropriated under
general grant of authority.

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3. Taking. There is taking when:
3.1. Owner is actually deprived or dispossessed of his
property;
3.2. There is practical destruction or a material
impairment of value of the property;
3.3. Owner is deprived of ordinary use of his property;
3.4. Owner is deprived of jurisdiction and control of his
property.
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Requisites of Taking
A. Expropriation must be enter a private property;
B. Entry must be more than a momentary period;
C. Entry must be under warranty of color of authority;
D. Property must be devoted to public use;
E. Utilization of the property must be in a law to oust
the owner and deprive him of the beneficial
enjoyment of the property.

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4. Public Use.
Its meaning is broad enough to include not
only uses directly available to the public but
also those which redound to theire indirect
benefits.

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5. Just Compensation
A full and fair equivalent of the property taken; it is the
fair market value of the property, of which must be added
the consequential damages, minus the consequential
benefits, but in one case will the consequential benefits
exceed the consenquential damages. (Amount to be
deposited in court is equivalent to the assessed value of
the property for taxation purposes).

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6. Due Process of Law
The procedure provided by law
must be followed

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The Supreme Court (2011) ruled in Air Transport Office v. Spouses
Ramos (G.R No. 159402) that:
… the doctrine of sovereign in immunity was not an instrument for
perpetrating any injustice on a citizen. In exercising the right of
eminent domain, the Court explained, the State exercised its “jus
imperii”, as distinguished from its proprietary rights, or “jus
gestionis”; yet, even in that area, where without just compensation
being paid, the defense of immunity from suit could no be set up by
the State against an action for payment by the owners.

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Exercise of the Power of Eminent Domain
In National Power Corporation v. Heirs of Borbon (G.R No. 165354)
of Supreme Court (2015) expounded it’s ruling in the case of
Metropolitan Water District v. De Los Angeles (G.R No. L-33545)
that:
… The power of eminent domain is a right to the people or
Government to take property for public use. It is the right of the State,
through its regular organization, to reassert either temporarily or
permanent its domain over any portion of the soil of the state on
account of public necessity and for public good.

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The right of eminent domain is the right
which the Government or the people
retains over the estates of individuals to
resume them for public use. It is the right
of the people, or the sovereign, to dispose,
in case of public necessity and for public
safety, of all the wealth contained in the
state.
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It is not denied that the purpose of the plaintiff was to
acquire the land in question for public use. The
fundamental basis then of all actions brought for the
expropriation of lands, under the power of eminent domain,
is public use. That being true, the very moment that it
appears at any stage of the proceedings that the
expropriation is not for a public use, the action must
necessarily fail and should be dismissed, for the reason that
the action cannot be maintained at all except when the
expropriation is for some public use.
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That must be true even during the pendency of the appeal
or at any other stage of the proceedings. If, for example,
during the trial in the lower court, it should be made to
appear to the satisfaction of the court that the expropriation
is not for some public use, it would be the duty and the
obligation of the trial court to dismiss the action. And even
during the pendency of the appeal, if it should be made to
appear to the satisfaction of the appellate court that the
expropriation is not for public use, then it would become
the duty and the obligation of the appellate court to dismiss
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THANK YOU!!
GOD BLESS 