Professional Documents
Culture Documents
Similarities:
a) Inherent in the State, exercised even without need of express constitutional grant.
b) Necessary and indispensable; State cannot be effective without them.
c) Methods by which State interferes with private property.
d) Presuppose equivalent compensation
e) Exercised primarily by the Legislature.
Distinctions:
c) Property taken in police power is usually noxious or intended for a noxious purpose and may thus be destroyed; while in Eminent
domain and taxation, the property is wholesome and devoted to public use or purpose.
d) Compensation in police power is the intangible, altruistic feeling that the individual has contributed to the public good; in eminent
domain, it is the full and fair equivalent of the property taken; while
in taxation, it is the protection given and/or public improvements instituted by government for the taxes paid. 5
Limitations:
Generally, the Bill of Rights, although in some cases the exercise of the power prevails over specific constitutional guarantees.
The courts may annul the improvident exercise of police power.
B. Police Power
. The power of promoting public welfare by restraining and regulating the use of liberty and property.
Scope/Characteristics:
a. most PERVASIVE
b. most DEMANDING
c. least LIMITABLE
- RTC has power to inquire legality and to determine whether there is a genuine necessity for it
-genuine necessity and necessity of public character
2 PRIVATE - Private property already devoted to public use cannot be expropriated by a delegate of legislature
PROPERTY acting under a general grant of authority
GR: all private property capable of ownership may be expropriated (even services)
EXCEPT: money and choses in action
NOTES:
- 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
- Includes imposition of burden upon the owner of the condemned property without loss of title
or possession.
- owner need not file a claim for just compensation with the Commission on Audit; He may go
directly to court to demand payment.
- modified where only a part of a certain property is expropriated. In such a case, the owner is
not restricted to payment of the market value of the portion actually taken. In addition to the
market value of the portion taken, he is also entitled to payment of consequential damages, if
any, to the remaining part of the property.
- Judicial prerogative
If exercised by LOCAL GOVERNMENT fair market value at the time of the taking of the
property
Title does not pass until after payment. Thus, the owner of land subject to expropriation may
still dispose of the same before payment of just compensation
Taxes paid by owner after taking by the expropriator are reimbursable
Writ of Possession
The issuance of the writ of possession becomes ministerial upon the
[i] filing of a complaint for expropriation sufficient in form and substance, and
[ii] upon deposit made by the government of the amount equivalent to 15% of the FMV
A hearing will have to be held to determine whether or not the expropriator complied with the
requirements of R.A. 7279
determination of whether the taking of the property is for a public purpose is not a condition
precedent before the court may issue a writ of possession. Once the requisites mentioned
above are established, the issuance of the writ becomes a ministerial matter for the
expropriation court.
DISTINGUISH:
Double Taxation
Additional taxes are laid on the same subject by the same taxing jurisdiction during the same taxing period and for the same
purpose.
Tax Exemptions
Requisite: No law granting any tax exemption shall be passed without the concurrence of a majority of all the Members of Congress
[Sec. 28 (4), Art. VI, Constitution].
d) Where tax exemption is granted gratuitously, it may be revoked atwill; but not if granted for a valuable consideration