inherent powers of the state

Inherent powers of the state INHERENT POWERS OF THE STATE POLICE POWER § Requisites 1- LAWFUL SUBJECT: The interests of the public generally, as distinguished from those of a particular class, require the exercise of the police power 2- LAWFUL MEANS: The means employed are reasonably necessary for the accomplishment of the purpose and not unduly oppressive upon individuals § MMDA v. Bel-Air Village Association, Inc., 328 SCRA 836, March 27, 2000, 1 st Div. [Puno] Police power is an inherent attribute of sovereignty. It has been defined as the power vested by the Constitution in the legislature to make, ordain, and establish all manner of wholesome and reasonable laws, statutes and ordinances, either with penalties or without, not repugnant to the Constitution, as they shall judge to be for the good and welfare of the commonwealth, and for the subjects of the same. It bears stressing that police power is lodged primarily in the National Legislature. It cannot be exercised by any group or body of individuals not possessing legislative power. The National Legislature, however, may delegate this power to the President and administrative boards as well as the lawmaking bodies of municipal corporations or local government units. Once delegated, the agents can exercise only such legislative powers as are conferred on them by the national lawmaking body. § Acebedo Optical Company, Inc. v. CA, 329 SCRA 314, March 31, 2000, En Banc [Purisima] The scope of police power has been held to be so comprehensive as to encompass almost all matters affecting the health, safety, peace, order, morals, comfort and convenience of the community. Police power is essentially regulatory in nature and the power to issue licenses or grant business permits, if exercised for a regulatory and not revenue-raising purpose, is within the ambit of this power. § Philtread Workers Union [PTWU] v. Confesor, 269 SCRA 393, March 12, 1997 Article 263(g) of the Labor Code (vesting upon the Secretary of Labor the discretion to determine what industries are indispensable to the national interest and thereafter, assume jurisdiction over disputes in said industries) does not interfere with the workers’ right to strike but merely regulates it, when in the exercise of such right, national interests will be affected. The rights granted by the Constitution are not absolute. They are still subject to control and limitation to ensure that they are not exercised arbitrarily. The interests of both the employers and the employees are intended to be protected and not one of them is given undue preference. The Labor Code vests upon the Secretary of Labor the discretion to determine what industries are indispensable to national interest. Thus, upon the determination of the Secretary of Labor that such industry is indispensable to the national interest, it will assume jurisdiction over the labor dispute of said industry. The assumption of jurisdiction is in the nature of police power measure. This is done for the promotion of the common good considering that a prolonged strike or lockout can be inimical to the national economy.

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Inherent powers of the stateINHERENT POWERS OF THE STATE POLICE POWERRequisites1-LAWFUL SUBJECT: Theinterests of thepubi! "enera#$ as %istin"uishe%fro&thoseof aparti!uar !ass$ re'uire the e(er!ise of the poi!e power)-LAWFUL *EA+S: The &eans e&po#e% are reasonab# ne!essar# for the a!!o&pish&ent of thepurpose an% not un%u# oppressi,e upon in%i,i%uasMMDA v. Bel-Air Villae Ass!"iati!#$ I#".$ -). SC/A .-0$ *ar!h )1$ )222$ 1st 3i,4 56uno76oi!e power is an inherent attribute of so,erei"nt#4It has been %e8ne% as the power ,este%b# the Constitution in the e"isature to &a9e$ or%ain$ an% estabish a &anner of whoeso&e an%reasonabe aws$ statutes an% or%inan!es$ either with penaties or without$ not repu"nant to theConstitution$ as the# sha :u%"e to be for the "oo% an% wefare of the !o&&onweath$ an% forthe sub:e!ts of the sa&e. It bears stressin" that poi!e power is o%"e% pri&ari# in the +ationa Le"isature.It !annotbe e(er!ise% b# an# "roup or bo%# of in%i,i%uas not possessin" e"isati,e power.The +ationaLe"isature$ howe,er$ &a# %ee"ate this power to the 6resi%ent an% a%&inistrati,e boar%s as weas the aw&a9in" bo%ies of &uni!ipa !orporations or o!a "o,ern&ent units.;n!e %ee"ate%$the a"ents !an e(er!ise on# su!h e"isati,e powers as are !onferre% on the& b# the nationaaw&a9in" bo%#.A"e%e&! O'ti"al C!('a#)$ I#". v. CA$ -)< SC/A -1=$ *ar!h -1$ )222$ En Ban! 56urisi&a7The s!ope of poi!e power has been he% to be so !o&prehensi,e as to en!o&pass a&ost a &atters a>e!tin" the heath$ safet#$ pea!e$ or%er$ &oras$ !o&fort an% !on,enien!e of the !o&&unit#46oi!e power is essentia# re"uator# in nature an% the power to issue i!enses or "rant business per&its$ if e(er!ise% for a re"uator# an% not re,enue-raisin" purpose$ is within the a&bit of this power4P*iltrea& W!r+ers ,#i!# -PTW,. v. C!#/es!r$ )0< SC/A -

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