1.

Meaning of State, Nation, and Sovereignty

a. State - political organization of society, or the body politic, or, more
narrowly, the institutions of government. The state is a form of human
association distinguished from other social groups by its purpose, the
establishment of order and security; its methods, the laws and their
enforcement; its territory, the area of jurisdiction or geographic
boundaries; and finally by its sovereignty.
b. Nation – a people bound together by common attractions and repulsions
into living organism possessed of a common pulse, a common intelligence
and inspiration, and destined apparently to have a common history and a
common fate. (Malcolm)
2. Elements of State
a. People- inhabitants of the State, must be numerous enough to be self-
sufficing and to defend themselves and small enough to be easily
administered and sustained.
b. Territory – is the fixed portion of the surface of the earth inhabited by the
people of the State.
i. Treaty of Paris, Treaty of US and Great Britain, 1935 Constitution,
and the 1973 Constitution
c. Government - agency of instrumentality through which the will of the
State is formulated, expressed and realized.

Presidential Parliamentary

Separation of Fusion of Executive

Powers – and Legislative
independent Department because
from one the Prime Minister is
another elected from the
members of the
parliament, and
cabinet members
comes from the
parliament as well.

President as President – head of

head of the the state/ monarch
state and Prime Minister – head
government of government
and is
elected by
the people.
 Head of state Parliament may
can be remove Prime Minister
removed and Prime Minister
from office by may dissolve the
impeachment parliament.
i. Philippine – required to be Democratic and Republican
ii. Presidential Unitary Form of government pursuant to the 1987
Constitution.

d. Sovereignty- supreme and uncontrollable power inherent in a State by

which that State is governed.
i. Two kinds:
1. Legal – the authority which has the power to issue final
commands. (Congress)
2. Political – power behind the legal sovereign or the sum of
influences that operate upon it. (Different Sectors that mold
public opinion)
ii. May also be:
1. Internal – power to control its domestic affairs.
2. External – power of the state to direct its relations with other
states, also known as independence.

3. Inherent Powers of State

1. Police Power;
2. Power of Eminent Domain or Power of Expropriation; and
3. Power of Taxation

Purpose:
1. for public good or welfare - Police Power
2. For public use - Power of Eminent Domain
3. For revenue - Power of Taxation

1. 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.

It lies primarily in the discretion of the legislature. Hence, the President, and
administrative boards as well as the lawmaking bodies on all municipal levels, including
the barangay may not exercise it without a valid delegation of legislative
power. Municipal governments exercise this power by virtue of the general welfare
clause of the Local Government Code of 1991. Even the courts cannot compel the
exercise of this power through mandamus or any judicial process.
Most pervasive of all, least limitable and most demanding among the powers.

Requisites of a valid police measure:

(a.) Lawful Subject – the activity or property sought to be regulated affects the public
welfare. It requires the primacy of the welfare of the many over the interests of the few.

(b.) Lawful Means – the means employed must be reasonable and must conform to the
safeguards guaranteed by the Bill of Rights.

(c.) Additional limitations when police power is exercised by a virtue of valid delegation:

Express grant by law

Within the territorial limits of enacting body
Must not be contrary to law
The President
Law making bodies of the local government units
Administrative Bodies

2. POWER OF EMINENT DOMAIN affects only property RIGHTS. It may be exercised

by some private entities. The property forcibly taken under this power, upon payment of
just compensation, is needed for conversion to public use or purpose.

The taking of property in law may include:

• Trespass without actual eviction of the owner;
• Material impairment of the value of the property; or
• Prevention of the ordinary uses for which the property was intended.

The property that may be subject for appropriation shall not be limited to private
property. Public property may be expropriated provided there is a SPECIFIC grant of
authority to the delegate. Money and a chose in action are the only things exempt from
expropriation.

Although it is also lodged primarily in the national legislature, the courts have the power
to inquire the legality of the right of eminent domain and to determine whether or not
there is a genuine necessity therefore.

3. POWER OF TAXATION affects only property rights and may be exercised only by
the government. The property taken under this power shall likewise be intended for a
public use or purpose. It is used solely for the purpose of raising revenues, to protect
the people and extend them benefits in the form of public projects and services (I hope
so). Hence, it cannot be allowed to be confiscatory, except if it is intended for
destruction as an instrument of the police power.
It must conform to the requirements of due process. Therefore, taxpayers are entitled to
be notified of the assessment proceedings and to be heard therein on the correct
valuation to be given the property. It is also subject to the general requirements of the
equal protection clause that the rule of taxation shall be uniform and equitable.

Police Power

It is defined as the power of the State of promoting public welfare by restraining and
regulating the use of liberty and property. In other words, it is the power to promote
general welfare and public interest; to enact laws to promote public health, public
morals and public safety of the inhabitants of the State. It can be derived from its
definition that the power is based on public necessity and self-preservation. Among the
three powers, police power is characterized as the most pervasive, the least limitable
and the most demanding. The justification is found in the age-old maxims: salus populi
est suprema lex (the welfare of the people is supreme) and sic utere ut alienum non
laedas (so you may use your property not to injure the rights of others).

Police power is generally exercise by the legislature since it is the main repository of
State powers. The power, nonetheless, is delegable to other entities such as the
President, administrative agencies and the law-making bodies of local governments.

There are two requisites for a valid exercise of police power. First, the exercise thereof
must have a lawful subject, i.e. the interest of the public in general as distinguished from
those of particular class. Second, the exercise must through lawful means, i.e. the
means employed must be reasonably necessary for the accomplishment of the purpose
and it must not be unduly oppressive to individuals and other affected entities.

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.
However, there are instances when the power is deemed exercised without actual
taking of the property. This is possible in cases like, when through a State action, there
is practical destruction or material impairment of the value of the property or when the
owner is deprived of the ordinary use of his property. Also, there is implied exercise of
the power when the owner is deprived of the jurisdiction, supervision and control of his
property.

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 because of the protection it receives
from the State. Like the other powers, it is can be delegated by the legislature to the
President and local governments. But taxation cannot be delegated to administrative
agencies although the administration of taxation can be delegated to them. Taxation
powers of the State, for all its awesome pervasiveness, is still saddled with inherent and
as well as constitutional limitations. Example of inherent limitation is that taxation can be
exercised only for public purpose. On the other hand, example of constitutional
limitation is that the exercise of taxation powers must not violate due process and equal
protection clause of the Constitution.

Similarities:
The three inherent of the state are similar in the following respects:

1. They are inherent in the state and may be exercise by it without need of express
constitutional grant.
2. They are not only necessary but indispensable. The state cannot continue or
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.
5. They are exercise merely by legislature.

Differences:
The three inherent powers of the state differ from each other in the following ways:

1. The police power regulates both liberty and property.

The power of eminent domain and the power of taxation affect only property
rights.
2. The police power and power of taxation maybe exercise only by the government.
The power of eminent domain maybe exercises by private entities.
3. The property taken in the police power is destroyed because it is noxious or
intended for noxious purpose. The property taken under the power of eminent
domain and the power of taxation is intended for a public use or purpose and is
therefore wholesome.
4. The compensation of the person subjected to the police power is the intangible
altruistic feeling that he has contributed to the several welfare. The compensation
involved in the other powers is more concrete, to wit, a full and fair equivalent to
 the property expropriated or protection and the public improvement for the taxes
paid.

Limitations:

Although inherent and indispensable, the fundamental powers of the state are not
without restrictions-as ours is a government of limited powers, even these prerogatives
may not be exercise arbitrarily, to the prejudice of the bills of rights. The presumption in
libertarian societies is in favor of private rights and against attempt on the part of the
state to interfere with them, "Constitutional provision for the security of persons and
property should be liberally construed." Hence, the exercise of these fundamental
powers is subject at all times to the limitation and requirements of the constitution and
may in proper cases be annulled by the courts of justice.

Police power is exercised to safeguard the public from economic sabotage during
critical times.

For example, stores found overpricing maybe ordered padlocked or fined.

Who may exercised Police Power?
Legislative (lawmaking body)
Executive branch
Local executives (as defined by law)

Eminent domain enables the state to acquire private property upon payment of just
compensation for some intended public use.

Also called the power of expropriation, eminent domain is described as the “highest and
most exact idea of property remaining in the government” that may be acquired for
some public purpose through a method “in the nature of a compulsory sale to the state.”

Requisites for Valid exercise of power of Eminent Domain

The property taken must be intended for public use or public purpose.
Payment of just compensation
Due process of law must be observed

Note: 1. Exercise must meet the element of necessity

2. Property must be a private property.

Who may exercise the power of expropriation?

The Congress
The President
The various local legislative bodies
 Certain public corporations: Land Authority, MWSS
Quasi-public corporations: PLDT, Meralco

Taxation. The state is able to demand from the members of society their proportionate
share or contribution in the maintenance of the government.

Non-payment of tax may be subject to criminal prosecution and punishment.

SIMILARITIES OF THE POWERS OF THE STATE

•
They are inherent in the state and may be exercised without need of express
constitutional grant.
•
They are not only necessary but indispensible.
•
They are methods by the state by which the State interferes with private rights.
•
They all presuppose an equivalent compensation for the private rights interfered
with.
•
They are exercised primarily by the legislature.

Features of taxation
It is compulsory
It is proportionate to one’s ability to pay
It is payable in money
Taxes are imposed by the sate

The Three Inherent Powers of the State Compared

SIMILARITIES OF THE POWERS OF THE STATE

The police power regulates both liberty and property. The power of eminent domain and
the power of taxation affect only property rights.

Only the government may exercise the police power and the power of taxation. The
power of eminent domain may be exercised by some private entities.

The property taken in the exercise of the police power is destroyed because it is
noxious or intended for noxious purpose. The property taken under the power of
eminent domain and taxation is intended for public use and is therefore wholesome.

The compensation of the person subject to the police power is the intangible altruistic
feeling that he has contributed to the general welfare. The compensation involved in the
other powers is more concrete, to wit, a full and fair equivalent of the property
expropriated or protection and public improvements for the taxes paid
Characteristics:

Police Power cannot be bargained away through the medium of a treaty or a contract.

Eminent Domain Requisites:

1. There must be a necessity for the taking of the private property.

• When legislature decides on the necessity of the taking, it is a political question,

whereas when it is exercised by a delegated party the question of the necessity
of taking is a justiciable question.

• What is being taken is private property to be used for public purpose. Thus the
property taken cannot be used for private purpose, nor can private property be
taken when it is already being used for public purpose.

• Any private property capable of ownership may be taken with the exception of
money and chases in action. Services may be the subject of the power of
eminent domain.

• The private property taken should be for public use. The meaning of public use is
not confined to the actual use by the public in its traditional sense. It has been
broadened to include uses which while not directly available to the public
redound to their indirect advantage or benefit.

2. Just compensation must be paid for the private property taken.

• It is the court which decides what constitute just compensation.

• Compensation must be paid in money though in the case of agrarian reform
program compensation is partially paid in bonds.
• Compensation is determined as of the date of the filing of the complaint for
eminent domain in general.
• The owner is entitled to the payment of interest if claimed. If unclaimed, interest
is waived.
• Title does not pass to the government until payment has been made.

3. Due process of law must be observed in the process of expropriation.

Taxation:

Inherent Limitations:
• Taxes can be levied for public purpose only
• Non-delegability to private persons of the exercise of the power
• Territoriality or situs of taxation taxes can be imposed only within the
territory of the taxing state.
 • Exemption of government from taxation.
• Due to International Comity ne state cannot tax another sovereign state.

Constitutional Limitations:
• Due process of law must be observed i.e. the tax must not be confiscatory
• Equal protection of law must be observed in such a way that the tax must be
uniform and equitable.
• Taxes must be progressive.
• Taxes should not impair contracts.
• They should not violate the rule on the non-imprisonment for nonpayment of poll
tax
• Tax should not infringe on religious freedom
a. Tax measures should originate from the House of Representatives.