fundamental powers of the state (Philippine context)

1. Philippine Politics,
Governance and
New Constitution
@sheshealarcio

2. Inherent Powers of
the State

3. Proper
Fund
Safety

4. SIMILARITIES OF THESE POWERS
•They are inherent.
•They are indispensable.

5. SIMILARITIES OF THESE POWERS
• These are methods of the government to
interfere with private rights.
• They all presuppose an equivalent compensation for the
private rights interfered with.
• They are exercised primarily by the
legislative branch of the state.

6. LIMITATIONS OF THESE POWERS
• These powers can’t be exercised to trample
rights guaranteed under the Bill of Rights
▪ Exercise of these powers are subject at all times to the limitations
and requirements of the constitution.

7. Police Power

8. Police Power
•Is the power to enact
and enforce the law
for regulation of
public order and
welfare.

9. Police Power

10. Police Power:
Characteristics
•Police power is
considered the most
pervasive, the least
limitable and the most
demanding power.

11. Police Power:
Characteristics
•Police power is
dynamic, not static and
must move with the
moving society it is
supposed to regulate

12. Police Power:
Characteristics
•Police Power may
sometimes use taxing
power as an implement for
the attainment of a
legitimate police objective

13. Power of
Expropriation

14. Is the power to take private
property for public use.
Power of Expropriation

15. Power of Expropriation

16. Requisites on Expropriation
Necessity
Private Property
Just Compensation
Power of Expropriation

17. Power
of Taxation

18. Power
of Taxation
Power to impose and collect
revenues for the operation of
the government for the people.

19. Power
of Taxation
BIR is responsible of collecting,
assessing and imposing taxes to
be used for public operations
of the government.

20. Power
of Taxation
The purpose of taxation is to raise
funds to support the government
and the services for the public.

21. Power
of Taxation
The importance of taxation is derived
from the unavoidable obligation of
the government to protect the people
and extend benefits.

22. Power
of Taxation
Inherent in sovereignty
Essentially legislative function
Nature

23. Philippine Politics,
Governance and
New Constitution
@sheshealarcio