powers of state

@sheshealarcio

Philippine Politics, Governance and New Constitution

Inherent Powers of the State

Funds SafetyProperty

SIMILARITIES OF THESE POWERS

•They are inherent.

•They are indispensable.

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.

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.

Police Power

•Is the power to enact and enforce the law

for regulation of public order and welfare.

Police Power

Police Power

•Police power is considered the most pervasive, the least

limitable and the most demanding power.

Police Power: Characteristics

•Police power is dynamic, not static and

must move with the moving society it is

supposed to regulate

Police Power: Characteristics

•Police Power may sometimes use taxing

power as an implement for the attainment of a

legitimate police objective

Police Power: Characteristics

Power of Expropriation

Power of Expropriation

Is the power to take private property for

public use.

Power of Expropriation

Power of Expropriation

NecessityRequisites on Expropriation

Private PropertyJust Compensation

Powerof Taxation

Powerof Taxation

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

Powerof Taxation

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

Powerof Taxation

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

Powerof Taxation

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

Powerof Taxation

Inherent in sovereignty

Nature

Essentially legislative function

@sheshealarcio

Philippine Politics, Governance and New Constitution