Professional Documents
Culture Documents
-The inherent powers of the State are: (a) police power; (b) power of eminent
domain; and (c) power of taxation
-attribute of sovereignty
-methods by which the State interferes with private property
-exercised primarily by the legislature
- necessary and indispensable, the State cannot function without it.
Distinctions between the three:
1. Police power regulates both liberty and property; eminent domain and
taxation ONLY affect property rights
2. Police power and taxation are exercised only by the government; eminent
domain may be exercised by private entities
-the legislature delegates the power to private entities like public
utilities or railroads, and even to individuals for the purpose of
acquiring access to their landlocked land
3. PROPERTY TAKEN IN POLICE POWER is usually noxious or intended for a
noxious purpose and may thus be destroyed (without just compensation);
while in eminent domain and taxation, the property is wholesome and
devoted to public use or purpose
LIMITATIONS: BILL OF RIGHTS: although in some cases the exercise of the
power prevails over specific constitutional guarantees
EMINENT DOMAIN
ART. III, Sec. 1
No person shall be deprived of life, liberty, or property without the due
process of law, nor shall any person be denied equal protection of the laws
ART. III, Sec. 9
Private property shall not be taken for public use without just compensation
Art. 435
No person shall be deprived of his property except by competent authority
and for public use and always upon payment of just compensation.
Should this requirement not first complied with, the courts shall protect, in a
proper case, restore the owner in his possession.
LGC. Sec. 19. Eminent Domain. - A local government unit may, through its
chief executive and acting pursuant to an ordinance, exercise the power of
eminent domain for public use, or purpose or welfare for the benefit of the
poor and the landless, upon payment of just compensation, pursuant to the
provisions of the Constitution and pertinent laws: Provided, however, That
the power of eminent domain may not be exercised unless a valid and
definite offer has been previously made to the owner, and such offer was not
accepted: Provided, further, That the local government unit may immediately
take possession of the property upon the filing of the expropriation
proceedings and upon making a deposit with the proper court of at least
fifteen percent (15%) of the fair market value of the property based on the
current tax declaration of the property to be expropriated: Provided, finally,
That, the amount to be paid for the expropriated property shall be
determined by the proper court, based on the fair market value at the time
of the taking of the property.
-It is also known as the power of expropriation
-As distinguished from Police power:
Police power is the power of the State to promote public welfare by
restraining and regulating the use of liberty and property
Eminent domain is the inherent right of the State to condemn private
property to public use upon payment of just compensation
-INHERENT and need not be granted by the Constitution
-Sec 9 of Art. III mandated that private property shall not be taken for
public use without just compensation is merely imposes a limit on the
governments exercise of its power and provides a measure of
protection to the individuals right to property
Due process of law: no person may be deprived of his property without due
process of law
- There must be (1) appropriate expropriation proceedings and (2)
payment of indemnity
- Strictly in favor of landowners: seizure and occupation of property
without first serving process on the owners or occupants is so gross a
violation that no claim by the corporation can be heard by way of
defense to an action for damages for the unlawful trespass
1. salus populi est suprema lex: the welfare of the people is the
supreme law
2. sic utere tuo ut alienum non laedas: use what is yours so as to
not harm others
Scope: everything essential to the public safety, health, and morals
and to justify the destruction or abatement, by summary proceedings,
of whatever may be regarded as a public nuisance
IT MAY BE NON-COMPENSABLE
Requisites:
1. It must appear that the interests of the public generally (not just
those of a particular class, require such interference)
2. That the means are reasonably necessary for the accomplishment
of a purpose and not unduly offensive upon individuals
Section 20. Reclassification of Lands. (a) A city or municipality may, through an ordinance passed by the
sanggunian after conducting public hearings for the purpose, authorize the
reclassification of agricultural lands and provide for the manner of their
utilization or disposition in the following cases: (1) when the land ceases to
be economically feasible and sound for agricultural purposes as determined
by the Department of Agriculture or (2) where the land shall have
substantially greater economic value for residential, commercial, or industrial
purposes, as determined by the sanggunian concerned: Provided, That such
reclassification shall be limited to the following percentage of the total
agricultural land area at the time of the passage of the ordinance:
(1) For highly urbanized and independent component cities, fifteen percent
(15%);
(2) For component cities and first to the third class municipalities, ten
percent (10%); and
(3) For fourth to sixth class municipalities, five percent (5%): Provided,
further, That agricultural lands distributed to agrarian reform beneficiaries
pursuant to Republic Act Numbered Sixty-six hundred fifty-seven (R.A. No.
6657). otherwise known as "The Comprehensive Agrarian Reform Law", shall
not be affected by the said reclassification and the conversion of such lands
into other purposes shall be governed by Section 65 of said Act.
(b) The President may, when public interest so requires and upon
recommendation of the National Economic and Development Authority,
authorize a city or municipality to reclassify lands in excess of the limits set
in the next preceding paragraph.
(c) The local government units shall, in conformity with existing laws,
continue to prepare their respective comprehensive land use plans enacted
through zoning ordinances which shall be the primary and dominant bases
for the future use of land resources: Provided. That the requirements for food
production, human settlements, and industrial expansion shall be taken into
disposition of the same; and adopt measures to prevent and penalize cruelty
to animals; and
(ix) Regulate the establishment, operation, and maintenance of funeral
parlors and the burial or cremation of the dead, subject to existing laws,
rules and regulations.
Section 468. Powers, Duties, Functions and Compensation.
(a) The sangguniang panlalawigan, as the legislative body of the
province, shall enact ordinances, approve resolutions and appropriate
funds for the general welfare of the province and its inhabitants
pursuant to Section 16 of this Code in the proper exercise of the
corporate powers of the province as provided for under Section 22 of
this Code, and shall:
(2) Generate and maximize the use of resources and revenues for the
development plans, program objectives and priorities of the province
as provided for under Section 18 of this Code, with particular attention
to agro-industrial development and country-wide growth and progress
and relative thereto, shall:
(vi) Prescribe reasonable limits and restraints on the use of
property within the jurisdiction of the province;
Art. 431. The owner of a thing cannot make use thereof in such
manner as to injure the rights of a third person. (n)