PART III

THE STRUCTURES AND POWERS OF THE NATIONAL GOVERNMENT

Differences among these powers

INTRODUCTORY
I. INHERENT (AND FUNDAMENTAL) POWERS OF THE STATE
a. Police Power power to regulate liberty and property for the promotion of
general welfare through legal and reasonable means.
b. Power of Eminent Domain power to acquire/take private property, upon
payment of just compensation, for some intended public use.
c. Power of Taxation power to demand enforced proportionate share or
contribution in the maintenance of the government and for public purpose.
These powers are considered inherent because they belong to the very essence of
government and without them, no government can exist. Hence, they do not need to
expressly be conferred by the Constitution for they co-exist with the state.

Police Power
Extent of
power
Authority
exercising
power

Regulates liberty and

property rights
Only the government
and its political
subdivision *

Property
taken

Property taken is
destroyed because it
is noxious or intended
for noxious purpose
No transfer of
ownership of the
property seized, at
most there is restraint
on the injurious use of
the property. Restraint
on the exercise of a
right.
None * - intangible
altruistic feeling for
the promotion of
general welfare

Effect on
ownership

Similarities among these powers

1. They are inherent in the State and may be exercised by it without need of express
constitutional grant;
2. They are not only necessary but also indispensable - the State cannot continue or
be effective unless it is able to exercise them;
3. They are methods by which the State interferes with private rights;
4. They all presuppose an equivalent compensation for the private rights interfered
with; and
5. They are exercised primarily by the legislature.
Common limitations of these powers
1. May not be exercised arbitrarily to the prejudice of the Bill of Rights; and
2. Subject at all times to the limitations and requirements of the Constitution and
may in proper cases be annulled by the courts, i.e. when there is grave abuse of
discretion.

Compensat
ion

Power of Eminent
Domain
Affects only property
rights *
Maybe exercised by
some private entities
and granted to public
service or public
utility companies
Property is take for
public use or purpose
and is therefore
wholesome *
There is transfer of
ownership or a lesser
right (e.g. lease), of
the property.

Full and fair value of

the property
expropriated

Power of Taxation
Affects only property
rights *
Only the government
and its political
subdivision *
Property is take for
public use or purpose
and is therefore
wholesome *
Money contributed in
the concept of taxes
becomes part of
public funds.

None * - protection
and public
improvements

A. POLICE POWER
Police power is an inherent attribute of sovereignty. It is the power to (interference that)
regulate liberty and property for the promotion of general welfare through legal and
reasonable means. It is the most pervasive, least limitable, and most demanding of the
three powers. It may be exercised as long as the activity or property to be regulated has
some relevance to the public welfare (Gerochi v. Department of Energy, G. R. 159796,
July 17, 2007 - imposition of the universal charge on all end-users of electricity for the
purpose of funding NAPOCORs projects; upheld). It is the most essential, insistent, and
illimitable of powers. In a sense it is the greatest and most powerful attribute.
It is founded largely on the maxims, "Sic utere tuo et alienum non laedas " and "Salus
populi est suprema lex. "
NOTE: Taxation and Eminent Domain may be used as an implement of police power to

attain the police objective.

2. Must not be contrary to law;

3. Within territorial limits of LGUs except when exercised to protect water supply
(Wilson v. City of Mountain Lake Terraces, 417 P.2d 632, 1966)

Scope of police power

Police Power rests upon public necessity and upon the right of the State and of the public
to self-protection. For this reason, its scope expands and contracts with the changing
needs. (Churchill vs. Rafferty, 32 Phil. 580, 602-603 CIR wants to remove/destroy
signboards/billboards offensive to the sight; upheld)
Aspects of police power
Generally, police power extends to all the great public needs. However, its particular
aspects are the following:
1.
2.
3.
4.
5.
6.

National security;
Public order;
Public health;
Public morals;
Public safety; and
Public welfare.

Authority to exercise police power

Generally, police power is lodged primarily in the national legislature but by virtue of a
valid delegation of legislative power, it may be exercised by the:
1. President;
2. Administrative bodies; and
3. Lawmaking bodies on all municipal levels, including the barangay. Municipal
governments exercise this power under the general welfare clause.
Once delegated, the agents can exercise only such legislative powers as are conferred on
them by the national lawmaking body.
Therefore, the MMDA cannot exercise police power because its powers are limited to the
formulation, coordination, regulation, implementation, preparation, management,
monitoring, setting of policies, installing a system, and administration. Nothing in RA No.
7924 (law creating MMDA) granted the MMDA police power, let alone legislative power.
(MMDA vs. Trackworks GR. No. 179554, December 16, 2009 mmda dismantling of
sinages and billboards exercise of ownership)
The requisites for the valid exercise of police power by the delegate:
1. Express grant by law;

Since the exercise of the police power lies in the discretion of the legislative department,
no mandamus is available to coerce the exercise of the police power. Hence, no one can
compel the government to exercise police power The only remedy against legislative
inaction is a resort to the bar of public opinion, the refusal of the electorate to return to
the legislature members who, in their view, have been remiss in the discharge of their
duties.
Neither can courts interfere with the exercise of police power. If the legislature decides to
act, the choice of measures or remedies lies within its exclusive discretion, as long as the
requisites for a valid exercise of police power have been complied with.
Requisites for a valid exercise of police power
1. Lawful subject The interests of the public generally, as distinguished from those
of a particular class; and
2. Lawful means The means employed are reasonably necessary for the
accomplishment of the purpose and not unduly oppressive upon individuals.
The limit to police power is reasonability. The Court looks at the test of
reasonability to decide whether it encroaches on the right of an individual. So
long as legitimate means can reasonably lead to create that end, it is reasonable.
[Morfe v. Mutuc (1968)]

Cases
(Law: Valid or
not)
Rubi v
Provincial
Board
Manguianes

39 Phil 660
(1919)

Law/Means applied
(Reasonable or not)

Contention

An ordinance requiring all

Manguianes to stay in one
permanent settlement.

(1) Violates right to

liberty to chose where
to abide

(Valid)

POLICE POWER
Subject/ Purpose: Reason for
reasonability/non-reasonability
(Lawful/not)
// In General//
Means is reasonable because it is
intended for the protection and
civilization of Manguianes and their
assimilation and integration to society,
and for the protection of public forests
in which they roam

Principle of Police Power

// General Coverage//
The police power of the State is a power coextensive with selfprotection, and is aptly termed the 'law of overruling necessity.
(CIVIL LIBERTY. measure of freedom which may be enjoyed in a
civilized community, consistently with the peaceful enjoyment of
like freedom in others. Liberty includes the right of the citizen to
be free to use his faculties in all lawful ways; to live and work
where he will; to earn his livelihood by any lawful calling; to
pursue any avocation, and for that purpose, to enter into all
contracts which may be proper, necessary, and essential to his
carrying out these purposes to a successful conclusion.
HOWEVER, "Liberty" as understood in democracies is not license;
it is "liberty regulated by law." "Whenever and wherever the
natural rights of citizen would, if exercised without restraint,
deprive other citizens of rights which are also and equally natural,
such assumed rights must yield to the regulation of law.)

Lao Ichong v
Hernandez
Foreign
retail
business
101 Phil 1155
(1957)
(Valid)

RA 1180 (An Act to Regulate

the Retail Business) which
sought to nationalize the
retail trade business by
prohibiting aliens in general
from engaging directly or
indirectly in the retail trade;
to prohibit the transmission
by aliens of their retail
business thru hereditary
succession;
and
those
requiring
100%
Filipino
capitalization
for
a
corporation or entity to
entitle it to engage in the
retail business.

(1) The law denies to

alien residents the
equal protection of the
laws
and
deprives
them of their liberty
and property without
due process of law;
(3) The Act violates
international
and
treaty obligations of
the Republic of the
Philippines;

// National Security//

//National security prevails property rights//

Means is reasonable because it is

intended to free the national economy
from alien control and dominance and
to protect the States own personality
and insures its security and future. It is
not necessarily unreasonable because
it affects private rights and privileges

Police Power cannot be bargained away through treaty or contract.

Police power is dynamic, not static, and must move with the moving
society it is supposed to regulate. Once exercised, it is not deemed
exhausted and may be exercise again and again, as often as it is
necessary for the protection or the promotion of the public welfare.

Constitutions do not define the scope or extent of the police power of

the state; rather, they set forth the limitations thereof.

The most important of these are the due process clause and the
equal protection clause. Hence, the state can deprive persons of life,
liberty or property, provided there is due process of law; and persons
may be classified into classes and groups, provided everyone is given

the equal protection of the law.

The test or standard, as always, is reason. The police power

legislation must be firmly grounded on public interest and welfare,
and a reasonable relation must exist between purposes and means.
And if distinction or classification has been made, there must be a
reasonable basis for said distinction.

US v
Pompeya
Men for
peace and
order
31 Phil 245
(1915)
(Valid)

A municipal ordinance each

able-bodied male resident of
the municipality, between
ages 18-25, as well as
householder
when
so
required by the president, to
assist in the maintenance of
peace and good order in the
community,
by
apprehending ladrones, etc.,
as well as by giving
information of the existence
of
such
persons
inthe
locality.

(1) The ordinance is

unconstitutional
because
it
is
repugnant
to
the
Organic Act of the
Philippines,
which
guarantees the liberty
of the citizens

(Valid)

Letter of Instruction required

every motor vehicle owner
to procure and use one pair
of a reflectorized triangular
early
warning
device
whenever any vehicle is
stalled or disabled or is
parked
for
thirty
(30)
minutes or more on any
street, or highway, including

Means is reasonable because it is

intended for the protection of the peace
and good order of the community.
"posse comitatus" (power of the
county, poder del condado) - obligation
of an individual to assist in the
protection of the peace and good order
of his community
Moreover, the Philippine Legislature has
power to legislate upon all subjects;
affecting the people of the Philippine
Islands, which has not been delegated
to Congress or expressly prohibited by
the Philippine Bill

The amendment contains a

punishment for those who
may be called upon for such
service, and who refuse to
render the same.
Agustin v
EDU
Reflector
warning
device
88 SCRA 195
(1979)

// Public Order//

Under said general power the Philippine

Legislature has a right to require the
subject mandate in the ordinance.
(1) Said LOI violates
due process, equal
protection
and
delegation of police
power.
(2)
That
it
is
oppressive,
unreasonable,
arbitrary, confiscatory

// Public Safety//
Reasonable because it is intended to
promote public safety - the promotion
of safe transit upon, and avoid
obstruction on roads and streets
designated as national roads.
Moreover the LOI is not oppressive
because there is nothing in LOI, which

The police power of the state has been variously defined. It has been
defined as the power of the government, inherent in every sovereign,
and cannot be limited;
The power vested in the legislature to make such laws as they shall
judge to be for the good of the state and its subjects; the power to
govern men and things, extending to the protection of the lives, limbs,
health, comfort, and quiet of all persons, and the protection of all
property within the state; the authority to establish such rules and
regulations for the conduct of all persons as may be conducive to the
public interest.
The police power of the state may be said to embrace the whole
system of internal regulations by which the state seeks, not only to
preserve public order and to prevent offenses against the state, but
also to establish, for the intercourse of citizen with citizen, those rules
of good manners and good neighborhood which are calculated to
prevent a conflict of rights, and to ensure to each the uninterrupted
enjoyment of his own, so far as is reasonably consistent with a like
enjoyment of the rights of others.
The broad and expansive scope of the police power is "nothing more or
less than the powers of government inherent in every sovereignty".
It is the state authority to enact legislation that may interfere with
personal liberty or property in order to promote the general welfare.
Persons and property could thus 'be subjected to all kinds of restraints
and burdens in order to secure the general comfort, health and
prosperity of the state.'

expressways
access roads.

or

limited

and contrary to the

precepts
of
our
compassionate
new
society.

requires or compels motor vehicle

owners to purchase the early warning
device prescribed thereby.
All that is required is for motor vehicle
owners concerned to equip their motor
vehicles with a pair of this early
warning device in question, procuring
or obtaining the same from whatever
source.
With a little of industry and practical
ingenuity, motor vehicle owners can
even personally make or produce this
early warning device so long as the
same substantially conforms with the
specifications laid down in said letter of
instruction and administrative order.

US v Gomez
Jesus
31 Phil 218
(1915)

ErmitaMalate Motel
v City Mayor
20 SCRA 849
(1967)

Buck v Bell
274 US 200
Rutter v
Esteban
93 Phil 68

Act no 310 vesting the

Board of Medical Examiners
the power to revoke a
license, once granted, on
the ground of conviction of
any
offense
involving
immoral or dishonorable
conduct,
or
for
unprofessional conduct.

Ordinance
No.
4760:
regulating motels through
fees, restrictions on minors,
open inspection, logbooks,
etc.

(1) The Act is null and

void because it
deprives him of a right
or of property, without
due process of law;

It is the greatest and most powerful attribute of government. It is, to

quote Justice Malcolm, 'the most essential, insistent, and at least
illimitable powers,' extending as Justice Holmes, aptly pointed out 'to
all the great public needs.'
Its scope, over-expanding to meet the exigencies of the times, even to
anticipate the future where it could be done, provides enough room for
an efficient and flexible response to conditions and circumstances thus
assuring the greatest benefits.
The police power is thus a dynamic agency, suitably vague and far
from precisely defined, rooted in the conception that men in organizing
the state and imposing upon its government limitations to safeguard
constitutional rights did not intend thereby to enable an individual
citizen or a group of citizens to obstruct unreasonably the enactments
of such salutary measures calculated to insure communal peace,
safety, good order, and welfare.'

// Public Health//

(2) That the Board of

Medical Examiners has
no authority or right to
revoke his license; that
right, if any exists at
all, belongs to the
courts; and
To safeguard public morals

// Fundamental rights prevail property rights//

Where the liberty curtailed affects at the most rights of property, the
permissible scope of regulatory measure is wider.
Police power has been properly characterized as the most essential,
insistent, and the least limitable of powers, extending as it does to all
the great public needs.

// Public Welfare and Advancement//

// National Economy//

(1953)
US v Toribio
15 Phil 85
(1910)
Taxicab
Operators v
Board of
Transportatio
n
119 SCRA 597
(1982)
Velasco v
Villegas
120 SCRA 568
(1983)
Bautista v
Junio
127 SCRA 329
( )
Stone v
Mississippi
101 US 814
( )

// National Economy//
An administrative regulation
phasing out taxicabs more
than six years old

riding
public
their comfort

and
and

(Valid)
An ordinance prohibiting
barber shop operators from
rendering massage services
in a separate room
(Valid)
Prohibiting heavy and extraheavy vehicles from using
public streets on weekends
and legal holidays
Prohibiting all forms of
gambling including those
who had already acquired
for valuable consideration a
franchise to sell lottery
tickets

Ortigas and
Co., v. Feati
Bank and
Trust Co.
(1979)
PNB v. Office
of the
President
(1996)]
1Miners
Association
of the
Philippines v.
Factoran
(1995)]

Protection
of
promotion of
convenience

Legislatures determination as to what is a proper exercise of its police

powers is not final or conclusive, but is subject to the supervision of
the court.

Prevention of immorality and to enable

the authorities to properly assess
license fees

Energy conservation

Do
not
apply
to
existing
franchise
because the franchise
partakes the nature of
a contract upon which
the obligation therein
cannot be impaired

Legislature cannot bargain away the police power of the state.

The state, in order to promote the general welfare, may interfere with
personal liberty, with property, and with business and occupations.
Persons may be subjected to all kinds of restraints and burdens, in
order to secure the general comfort, health, and prosperity of the state
and to this fundamental aim of our government, the rights of the
individual are subordinate.
Despite the impairment clause, a contract valid at the time of its
execution may be legally modified or even completely invalidated by a
subsequent law. If the law is a proper exercise of the police power, it
will prevail over the contract.
Administrative
Orders
(issued by the DENR Sec.)
which converted existing
mine leases and other
mining
agreements
into
production-sharing
agreements within one year

from effectivity.
Carlos
Superdrug
Corporation
v. DSWC et
al. (2007)]

(Valid)
RA 9257, the Expanded
Senior Citizens Act of 2003
and Administrative Order
No. 177 issued by the
Department
of
Health,
providing that the 20%
discount privilege of senior
citizens shall not be limited
to
the
purchase
of
unbranded generic medicine
but shall extend to both
prescription
and
nonprescription
medicine,
whether branded or generic.

General welfare prevails property rights

(Valid)
See White
Light Corp. v.
City of Manila
(2009)]

(Invalid)

legitimate sexual behavior, which is

constitutionally protected [by the right
to privacy], and other legitimate
activities, most of which are grounded
on the convenience of having a place to
stay during the short intervals between
travels [in motels], will be unduly
curtailed by the ordinance, the same
ordinance is invalid.