Fundamental Powers of the State

Fundamental Powers of the State | BASIC CONCEPTS

Fundamental Powers of the State

In Philippine Constitutional Law and Public International Law, the fundamental powers of the state refer to three inherent powers essential for its survival and to fulfill its functions. These powers are:

  1. Police Power
  2. Eminent Domain (Power of Expropriation)
  3. Power of Taxation

These powers are inherent in sovereignty and are necessary for the maintenance of public order, the regulation of property, and the provision of public services. Let’s go into detail on each of these powers.

1. Police Power

Definition:

Police power is the most pervasive and least limitable of the fundamental powers of the State. It is the power of the State to enact laws, ordinances, and regulations to promote the general welfare, public morals, public health, and safety.

Scope:

Police power covers the regulation of liberty and property in the interest of the general welfare. It allows the State to regulate actions that may be harmful to the community.

Limitations:

The exercise of police power is subject to two essential tests:

  • Lawful Subject Test: The interest of the public generally, as distinguished from those of a particular class, must require the exercise of the power.
  • Lawful Means Test: The means employed must be reasonably necessary for the accomplishment of the purpose and not unduly oppressive on individuals.

Who Exercises It:

Police power is vested primarily in the Legislative Department, but it can also be exercised by local government units (LGUs) and delegated to administrative agencies, such as the MMDA, by virtue of Republic Act No. 7160 (Local Government Code).

Examples of Police Power:

  • Regulation of businesses (e.g., requiring licenses, setting conditions for operation)
  • Sanitary regulations (e.g., ordinances on waste disposal)
  • Zoning ordinances
  • Anti-drug and anti-crime laws
  • Environmental laws (e.g., banning certain harmful activities)

Limitations on Police Power:

While vast in scope, police power must still respect the fundamental rights guaranteed under the Constitution, including due process and equal protection of the law.

2. Eminent Domain (Power of Expropriation)

Definition:

Eminent domain is the power of the State to forcibly acquire private property for public use or purpose upon payment of just compensation.

Essential Requirements:

  • Public Use: The property must be taken for public purposes (e.g., roads, public buildings, infrastructure). Public use has been interpreted broadly and includes public welfare and public convenience.
  • Just Compensation: The owner of the property must be paid a fair equivalent of the loss sustained by them.
  • Due Process: There must be compliance with both substantive and procedural due process in the exercise of eminent domain.

Who Exercises It:

Eminent domain is primarily exercised by the Legislature, but it may be delegated to local government units, quasi-public corporations, and government agencies (e.g., the National Power Corporation, MWSS).

Limitations:

The exercise of eminent domain is limited by:

  • Necessity: The taking must be necessary for public use.
  • Proportionality: There must be no excessive or arbitrary taking of property.
  • Compensation: The compensation must be prompt and fair.

Public Use Expanded:

The concept of public use has evolved to include not just direct use by the public, but also indirect benefits. For instance, expropriating land for a public utility company that provides services to the general public constitutes a public use.

Examples of Eminent Domain:

  • Expropriation of land for highways, airports, schools, or government offices
  • Expropriation for socialized housing under the Urban Development and Housing Act (RA 7279)

3. Power of Taxation

Definition:

The power of taxation is the State’s authority to impose and collect revenues from individuals and property to fund its operations and provide services to the public.

Characteristics of Taxation:

  • Inherent: The power of taxation is inherent in every sovereign state.
  • Comprehensive: Taxation reaches all persons, property, and businesses within the jurisdiction of the State.
  • Plenary: The power is broad, but not absolute, as it must conform to constitutional limitations.
  • Subject to Constitutional and Statutory Limitations: The exercise of taxation must adhere to the constitutional guarantee of due process, equal protection, and non-impairment of contracts.

Basic Principles of Taxation:

  1. Taxes must be for a public purpose.
  2. Uniformity of Taxation: Taxes must be uniform and equitable; that is, all subjects of a class must be taxed at the same rate.
  3. Non-delegation: The power to tax is primarily vested in Congress and cannot be delegated unless expressly authorized by law (e.g., LGUs' authority to impose local taxes under the Local Government Code).
  4. Exemption from Taxation: Only the government, charitable institutions, and certain industries (e.g., religious institutions) are exempt from taxation.
  5. Progressive Taxation: The State is encouraged to adopt a progressive taxation system where wealthier individuals or entities bear a heavier tax burden.

Types of Taxes:

  • Direct Taxes: Imposed directly on individuals (e.g., income tax, estate tax).
  • Indirect Taxes: Passed on to the consumer (e.g., value-added tax, customs duties).

Taxation and Due Process:

Taxation must follow due process, meaning that it must be authorized by law and the taxpayer must be notified and given a fair chance to comply.

Limitations on the Power of Taxation:

  1. Constitutional Restrictions: Taxation cannot violate the provisions on due process, equal protection, and religious freedom.
  2. Double Taxation: This refers to taxing the same entity or transaction twice, which is generally frowned upon but may be allowed in certain circumstances (e.g., taxing the income of corporations and then dividends distributed to shareholders).
  3. International Agreements: The Philippines is bound by international treaties, such as tax treaties, which provide relief from double taxation and ensure fair taxation across borders.

Examples of Taxation Power in Practice:

  • Imposition of income taxes on individuals and corporations (e.g., National Internal Revenue Code)
  • VAT on goods and services
  • Real property taxes imposed by local government units

Common Limitations to the Fundamental Powers

Despite the inherent nature of these powers, they are subject to the following limitations:

  • The Bill of Rights: Any exercise of these powers must respect constitutional guarantees, particularly due process, equal protection, and protection from the undue deprivation of property.
  • Public Welfare: These powers are justified only if they serve the general public interest and promote the common good.
  • International Law: The powers of the state must also respect treaties and international agreements to which the Philippines is a party, particularly in the context of human rights and the protection of foreign investments.

Conclusion:

The three fundamental powers of the State—police power, eminent domain, and taxation—are indispensable tools for governance. These powers must be exercised with prudence, in line with constitutional principles, and always for the public good. These powers, while vast, are not without their limitations, ensuring that individuals' rights are protected against arbitrary or excessive state action.

Taxation

Philippine Law on Taxation under the Fundamental Powers of the State

Taxation is one of the three inherent and fundamental powers of the State, alongside Police Power and Eminent Domain. These three powers exist to ensure the welfare and survival of the State. Taxation, in particular, is an indispensable tool for raising revenue to fund the functions and services of government, from public infrastructure and defense to social welfare programs.

The power of taxation in the Philippines is grounded in Political Law and Public International Law, which provides a comprehensive legal framework governing the imposition, collection, and management of taxes by the State.

Below is an extensive discussion of the relevant concepts, principles, limitations, and case laws related to taxation in the Philippines:

1. Concept and Definition of Taxation

Definition:

Taxation is the power by which the sovereign, through its legislative body, imposes burdens upon persons, property, or rights to raise revenues for government support and services.

Nature of Taxation:

  • Inherent Power: Taxation exists as an inherent power of the State; it does not need to be expressly conferred by the Constitution or any statute.
  • Legislative in Character: Only the legislature has the power to impose taxes, though it can delegate administrative aspects of tax collection to the executive branch.
  • Exercised for Public Purpose: Taxation can only be exercised for the public benefit and not for private purposes.
  • Compulsory: Payment of taxes is a legal obligation, enforced through penalties for non-compliance.

2. Characteristics of the Power of Taxation

  • Unlimited (subject to inherent limitations): The power of taxation is generally unlimited, except as qualified by certain principles and constitutional limitations.
  • Plenary and Comprehensive: Taxation covers all persons, properties, privileges, and activities that may be subject to it. However, it must always be for public purposes.
  • Territorial: The jurisdiction to tax is confined to persons, properties, and activities within the territory of the State.
  • Prospective: Tax laws, unless specifically stated, apply prospectively and not retroactively.

3. Purposes of Taxation

  • Revenue Generation: The primary purpose of taxation is to generate funds to support government expenditures, such as the building of infrastructure, provision of public services, and maintenance of law and order.
  • Regulatory and Compensatory: Taxation may also be used to regulate certain activities (e.g., “sin taxes” on alcohol and tobacco) and to compensate for social costs associated with certain behaviors or industries.
  • Redistributive Function: Taxes can be a means to redistribute wealth within society, promoting equality and social justice (e.g., progressive income tax systems).

4. Basic Principles of a Sound Tax System

A sound tax system in the Philippines should adhere to the following principles:

  1. Fiscal Adequacy: The tax system must generate sufficient revenue to meet government expenditures.
  2. Administrative Feasibility: The system should be easy to administer and collect, with minimal costs.
  3. Theoretical Justice (Equality and Equity): The system should be fair, meaning taxpayers should be taxed according to their ability to pay. This principle manifests in the use of progressive taxation (higher income, higher tax rate).
  4. Uniformity and Equitability: Taxation should be applied uniformly within the same class, and it should not discriminate arbitrarily against specific groups.

5. Limitations on the Power of Taxation

Though the power of taxation is broad, it is subject to constitutional and inherent limitations:

A. Constitutional Limitations

  1. Due Process Clause: Tax laws must not violate the due process rights of taxpayers. Taxation must not be arbitrary, oppressive, or confiscatory.
  2. Equal Protection Clause: Taxation should apply uniformly to similarly situated persons and properties.
  3. Rule of Taxation Shall be Uniform: Under the Philippine Constitution, taxes must be uniform and equitable, meaning they should be applied uniformly to all persons or entities within the same class.
  4. Prohibition on Double Taxation: While not expressly prohibited by the Constitution, the principle against double taxation (taxing the same person or property for the same purpose twice) is generally followed.
  5. Non-impairment of Contracts: Taxation should not impair the obligations of contracts, as provided by the non-impairment clause in the Constitution.
  6. Exemptions: The Constitution grants specific tax exemptions, such as for charitable, educational, and religious organizations, as well as exemptions for non-stock, non-profit institutions.

B. Inherent Limitations

  1. Public Purpose: Taxes must be imposed for public purposes only and not for private interests.
  2. Non-delegation of Taxing Power: The legislative power to tax cannot be delegated to other bodies, except for the power to levy taxes by local governments, which is authorized by law (Local Government Code).
  3. Territoriality: The power of taxation is territorial in scope. The State can only impose taxes on persons, properties, or activities within its territory or jurisdiction.
  4. Exemptions from Taxation: Certain properties, individuals, and institutions may be exempt from taxation by law or constitutional provisions.

6. Types of Taxes in the Philippines

Taxes in the Philippines can be classified based on the following:

A. As to Subject or Object

  1. Personal or Poll Taxes: Levied on individuals residing within the State (e.g., community tax).
  2. Property Taxes: Imposed on property ownership or value (e.g., real property tax).
  3. Excise Taxes: Taxes on the privilege of engaging in an activity or exercising a right (e.g., income tax, business taxes).

B. As to Who Bears the Burden

  1. Direct Taxes: The taxpayer and the tax bearer are the same (e.g., income tax, property tax).
  2. Indirect Taxes: Taxes where the burden is shifted from one party to another (e.g., Value-Added Tax).

C. As to Purpose

  1. General Taxes: Imposed for general revenue purposes (e.g., income tax, VAT).
  2. Special Taxes: Imposed for specific purposes (e.g., road users' tax).

7. Tax Exemptions

Tax exemptions can be granted by the Constitution or by statute. They are strictly construed against the taxpayer and in favor of the government.

Examples of Tax Exemptions:

  • Charitable Institutions: Properties used exclusively for religious, charitable, or educational purposes.
  • Government Entities: Government instrumentalities engaged in essential government functions.
  • Non-Profit Educational Institutions: Non-stock, non-profit educational institutions are exempt from taxes under the Constitution.

8. Doctrines in Taxation

Several legal doctrines have developed under Philippine jurisprudence regarding taxation:

A. Lifeblood Doctrine

Taxes are the lifeblood of the government, essential for its continued existence. Without taxes, the government would cease to function, hence the necessity of taxation.

B. Doctrine of Progressive Taxation

This doctrine supports the idea that taxation should take into account a taxpayer’s ability to pay, leading to the imposition of higher taxes on those who earn more (progressive tax systems).

C. Doctrine of Taxation by Necessity

Taxation is exercised because it is necessary to sustain the government’s operations. The government has the authority to impose taxes to meet its obligations.

9. Remedies and Procedures

The Philippine tax system includes a set of legal remedies available to both the government and the taxpayer. These include:

A. For the Government:

  • Tax Collection: The government, through the Bureau of Internal Revenue (BIR) or local government units (LGUs), can enforce tax collection through administrative or judicial means.

B. For the Taxpayer:

  • Administrative Protest: A taxpayer can file a protest before the BIR for any disputed tax assessments.
  • Judicial Action: If unresolved, a taxpayer may elevate the matter to the courts, particularly the Court of Tax Appeals (CTA).

10. Recent Legal Developments

The taxation system continues to evolve, especially with recent legislation such as the Tax Reform for Acceleration and Inclusion (TRAIN) Act and the Corporate Recovery and Tax Incentives for Enterprises (CREATE) Act. These laws introduce significant reforms aimed at simplifying the tax system, reducing the tax burden on low- and middle-income earners, and attracting foreign investments through better tax incentives.

Conclusion

Taxation is a fundamental power of the Philippine State, indispensable for its survival and functioning. Guided by constitutional and inherent limitations, it ensures that revenues are raised in a fair, efficient, and equitable manner. This body of law evolves with the needs of society, playing a crucial role in public governance and economic stability.

Eminent Domain

Eminent Domain under Philippine Law:

In the context of Philippine Political Law and Public International Law, the power of eminent domain refers to the inherent authority of the state to take or appropriate private property for public use, with just compensation. This power is rooted in the concept that the state, in pursuit of the greater good, may need to utilize private land or property to carry out its functions, but it must do so in a way that is fair to the property owner.

Below is an overview of the fundamental concepts regarding eminent domain as applied in the Philippines:

1. Definition of Eminent Domain

Eminent domain, sometimes referred to as "expropriation," is the inherent power of the State to appropriate private property for public use upon the payment of just compensation. This authority is considered essential for the government to carry out its responsibilities in promoting the public welfare.

2. Legal Basis

The power of eminent domain is derived from the Philippine Constitution, statutory laws, and jurisprudence:

  • Constitutional Basis: Article III, Section 9 of the 1987 Constitution states:

    “Private property shall not be taken for public use without just compensation.”

    This clause enshrines the principle that eminent domain cannot be exercised arbitrarily. It mandates the provision of "just compensation" to the owner of the property being taken.

  • Statutory Basis: Eminent domain is exercised primarily through laws like the Local Government Code (R.A. 7160), which allows local government units (LGUs) to expropriate private property for public purposes, as well as other special laws empowering certain government agencies to expropriate land for specific purposes.

3. Elements of Eminent Domain

There are four essential elements that must be met for the valid exercise of eminent domain in the Philippines:

A. Public Use

The taking of private property must be for a legitimate public purpose or public benefit. Examples include the construction of roads, schools, hospitals, public utilities, and other infrastructure projects that benefit society.

However, the concept of "public use" has evolved over time, and Philippine jurisprudence has interpreted it to mean anything that confers a public benefit or advantage, not necessarily something that is directly accessible by the public.

B. Taking

In eminent domain, taking occurs when the government appropriates or occupies private property. This may not necessarily mean a physical seizure of the property, but could also refer to a restriction on the property owner’s rights that deprives them of the beneficial use of the property.

  • Physical Taking: When the government occupies the land for construction or other public purposes.

  • Constructive Taking: This occurs when there is no physical invasion of the property, but the government's regulation or activity results in the effective loss of its use or value by the owner.

C. Just Compensation

"Just compensation" means the fair market value of the property at the time of its taking. The goal of this requirement is to place the owner in the same financial position they would have been in had their property not been taken. This is a constitutional guarantee to prevent undue harm to the owner when the state exercises its power.

The determination of just compensation is a judicial function and involves assessing the value of the property as well as considering other factors, such as improvements or damage.

D. Due Process

The exercise of eminent domain is subject to procedural requirements to ensure due process. This includes:

  • Proper notice and hearing for the property owner.
  • Compliance with statutory and constitutional guidelines.

In cases where the property owner and the government cannot agree on the compensation amount, the matter is brought to court, where the judiciary makes a final determination of just compensation.

4. Limitations on Eminent Domain

While eminent domain is an inherent power of the state, it is subject to several limitations:

  • Public Use Requirement: The government cannot take property unless it is for a legitimate public purpose. Any abuse of this power, such as using eminent domain for private gain, can be challenged in court.

  • Necessity: The taking must be necessary for the fulfillment of a legitimate public purpose. If the public objective can be achieved without appropriating the private property, eminent domain cannot be justified.

  • Proportionality: The government cannot take more property than is necessary for the public use. Excessive appropriation can be grounds for invalidating the exercise of eminent domain.

  • Just Compensation: Failure to pay just compensation renders the exercise of eminent domain invalid. The payment of just compensation is a prerequisite for the transfer of property ownership to the state.

5. The Process of Expropriation in the Philippines

The process of expropriation generally involves the following steps:

A. Initiation of Expropriation Proceedings

A government agency, LGU, or public entity files a petition in court to expropriate private property. The petition must demonstrate the necessity for the taking and that the purpose is for public use.

B. Issuance of a Writ of Possession

After the petition is filed, the court may issue a writ of possession, allowing the government to take immediate possession of the property, even before the final determination of just compensation, provided that a provisional deposit is made (based on the current valuation of the property).

C. Judicial Determination of Just Compensation

A court-appointed commissioner or assessor evaluates the value of the property to determine just compensation. This process ensures fairness and accuracy in valuing the property.

D. Payment of Just Compensation

Once the amount of just compensation is determined, the government is required to pay the owner within a reasonable time. Failure to do so could delay or nullify the transfer of ownership.

E. Transfer of Title

After the payment of just compensation, ownership of the property is transferred to the government or public entity.

6. Eminent Domain in Local Government Units (LGUs)

The Local Government Code of 1991 (R.A. 7160) grants local government units the power to expropriate private property, provided that it serves a public purpose within their jurisdiction. LGUs are required to pass an ordinance or resolution to initiate expropriation proceedings. Just compensation must still be provided to the property owner, and the taking must be necessary for the LGU's public projects.

7. Eminent Domain and Public-Private Partnerships (PPP)

In recent years, the power of eminent domain has been utilized in public-private partnership (PPP) projects, where the government collaborates with private entities for infrastructure development. The government may expropriate property and then grant it to a private entity for development, as long as the primary objective remains to benefit the public.

8. Philippine Jurisprudence on Eminent Domain

The Supreme Court of the Philippines has decided numerous cases interpreting and refining the scope and limitations of eminent domain. Key principles established in jurisprudence include:

  • The broadening interpretation of "public use" to encompass any activity that serves the public welfare.

  • The determination that just compensation must be based on the fair market value of the property at the time of taking, not at the time of filing the expropriation case.

  • The protection of property owners' rights through procedural safeguards, such as ensuring due process during expropriation proceedings.

Conclusion

Eminent domain is a vital tool for the Philippine government to pursue public projects and promote social welfare. However, its exercise is bound by constitutional and legal requirements to ensure that the rights of private property owners are protected, including the right to just compensation and due process. Over time, Philippine courts have refined these principles to balance the state’s need for property against the individual’s right to property.

Police Power

Philippine Law: Police Power under the Fundamental Powers of the State

I. Introduction to Fundamental Powers of the State

The Fundamental Powers of the State refer to the inherent authorities that the government exercises to regulate and control activities within its territory for the general welfare of its people. In the Philippines, there are three main fundamental powers:

  1. Police Power
  2. Power of Eminent Domain
  3. Power of Taxation

Each of these powers serves a distinct function in upholding order, justice, and the general welfare of society.

II. Police Power: Overview

Police power is the most comprehensive and far-reaching of the three fundamental powers of the State. It refers to the authority vested in the government to enact laws, ordinances, and regulations to promote public health, safety, morals, and the general welfare of the people.

Legal Basis

The power is implied by the very existence of government and is essential for maintaining peace and order. In the Philippines, police power is often associated with the State's general welfare clause in the Constitution and is inherent in the government, even if not explicitly provided in a single legal provision.

III. Nature and Scope of Police Power

  1. Inherent and Pervasive Power

    • Police power is inherent, meaning it exists as a natural consequence of statehood. It doesn't need to be explicitly granted by the Constitution or statutes.
    • The power is pervasive, covering a wide range of activities as long as they affect public welfare, health, safety, and morals.

  2. Characteristics

    • Dynamic: The scope of police power changes depending on the needs of society. It evolves to address new and emerging issues, such as public health crises, technological advancements, or environmental challenges.
    • Superior: Police power is superior to property rights and contracts when the public interest demands it.
    • Delegable: It can be delegated by the legislature to local government units (LGUs) and other administrative bodies through enabling laws.

IV. Objectives of Police Power

Police power is primarily exercised to achieve the following objectives:

  1. Public Health: Laws concerning sanitation, vaccination, quarantine, and disease control.
  2. Public Safety: Regulations on fire prevention, traffic management, building codes, firearms regulation.
  3. Public Morals: Regulation of gambling, prostitution, pornography, and indecent conduct.
  4. General Welfare: Broad regulations such as zoning laws, environmental protection, consumer protection, and labor standards.

V. Essential Requisites for Valid Exercise of Police Power

For the valid exercise of police power in the Philippines, two essential requisites must be met:

  1. Lawful Subject: The regulation must involve a legitimate subject within the scope of public interest, such as the health, safety, or morals of society. The measure must be directed toward promoting the general welfare.

  2. Lawful Means: The means used must be reasonable and not arbitrary. It must be necessary to accomplish the purpose of the regulation and not impose unduly harsh or excessive burdens on individuals or property owners.

    • Tests of Reasonableness:
      • The regulation should not be unduly oppressive or confiscatory.
      • There should be a reasonable relation between the means employed and the public interest sought to be protected.

VI. Limitations on Police Power

While police power is extensive, it is not absolute and is subject to certain constitutional and statutory limitations:

  1. Due Process Clause: Police power must conform to both substantive and procedural due process. Substantive due process requires that the law or regulation is just and not oppressive, while procedural due process ensures fairness in the law’s enforcement.

  2. Equal Protection Clause: Any law or regulation must not discriminate against certain groups unless justified by a valid classification that is reasonably related to the objective of the law.

  3. Bill of Rights: Police power cannot infringe upon the fundamental rights enshrined in the Bill of Rights (Article III, 1987 Constitution). For instance, the government cannot arbitrarily curtail the freedoms of speech, assembly, or religion under the guise of police power.

  4. Judicial Review: The exercise of police power is subject to review by the courts to determine its constitutionality. Courts ensure that the power is not used as a tool for oppression or as a means to usurp property without just compensation.

VII. Police Power and Property Rights

Although police power may infringe on property rights, it differs from the power of eminent domain in that it does not involve the taking of private property for public use but rather the regulation of property to serve the public good. For example:

  • Eminent domain involves the taking of private land with just compensation.
  • Police power regulates property use without the obligation to pay compensation, as long as the regulation is a valid exercise for public welfare and not confiscatory.

VIII. Police Power and Local Government Units (LGUs)

Under the Local Government Code of 1991 (Republic Act No. 7160), local government units (LGUs) are delegated the authority to exercise police power in their respective jurisdictions. LGUs may issue ordinances that regulate local matters of public safety, health, and welfare, provided they do not conflict with national laws or policies.

  • Examples:
    • Curfew ordinances
    • Anti-littering laws
    • Traffic and noise control regulations
    • Zoning ordinances

IX. Examples of the Exercise of Police Power in the Philippines

  1. Public Health Measures: The Mandatory Helmet Law (Republic Act No. 10054) for motorcycle riders and Smoking Ban (Executive Order No. 26, s. 2017).
  2. Traffic and Safety Regulations: Implementation of traffic laws like the Anti-Drunk and Drugged Driving Act (Republic Act No. 10586).
  3. Environmental Laws: The Clean Air Act (Republic Act No. 8749) and the Solid Waste Management Act (Republic Act No. 9003).

X. Conclusion

Police Power is a key component of the State's ability to regulate behavior and ensure the general welfare of society in the Philippines. Although it is inherent, extensive, and flexible, its exercise must still adhere to constitutional safeguards, particularly those protecting the rights to due process and equal protection. The courts serve as the final arbiter in determining whether the government has acted within the boundaries of its police power.

This outline provides a fundamental understanding of police power within the framework of Philippine Political Law, under the broader concept of the Fundamental Powers of the State.

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