Inherent powers of the State

Inherent powers of the State: PET

  1. Police power – the power of the State to enact laws in relation to persons and property so as to promote public health, public moral, public safety and general welfare of the people.
  2. Power of eminent domain – the power of the State or those to whom the power has been delegated to take private property for public use upon paying the owner a just compensation to be ascertained according to law.
  3. Power of taxation – the power of the State by which the sovereign raises revenue to defray the necessary expenses of the government.

Similarities among the three inherent powers of the State: I-CLIC

  1. They are inherent in the State.
  2. They exist independently of the Constitution.
  3. They are legislative in nature and character.
  4. They constitute the three methods by which the State interferes with private rights and property.
  5. Each presupposes an equivalent compensation.

Distinction among the three inherent powers of the State: BICE PAPA

As to benefits received:

  1. Police power – no direct and immediate benefit, only such as may arise from the maintenance of a healthy economic standard of society
  2. Power of eminent domain – market value of the property taken from the property owner
  3. Taxation – equivalent of tax in the form of protection and benefit.

As to amount of imposition:

  1. Police power – limited to the cost of the license and the necessary expenses of police surveillance and regulation
  2. Power of eminent domain – no imposition, the owner is paid the fair market value of his property
  3. Taxation – no limit.

As to relationship to the non-impairment of obligations clause of the Constitution:

  1. Police power – superior to the clause
  2. Power of eminent domain – inferior to the clause
  3. Taxation – inferior to the clause

As to effect:

  1. Police power – no transfer of title, there is restraint on the injurious use of property
  2. Power of eminent domain – there is transfer of the right to property, either ownership or a lesser right
  3. Taxation – taxes become part of public funds

As to purpose:

  1. Police power – promote general welfare
  2. Power of eminent domain – public purpose
  3. Taxation – support of government

As to authority which exercises the power:

  1. Police power – government only
  2. Power of eminent domain – government, public service companies and public utilities
  3. Taxation – government only.

As to persons affected:

  1. Police power – community or class of individuals
  2. Power of eminent domain – individual, as owner of a particular property
  3. Taxation – community or class of individuals

I would like to invite you to join my exclusive groups of aspiring CPAs for my upcoming project “CPA Dream Academy”.CPA DREAM ACADEMY or sign up for flashcards free http://eepurl.com/coJBmf

CPA Mentor,

JONATHAN RUIZ CPA, MIB

 

 

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About PAM Academy Founder

Newbie Mentor and one of the influential author in the Philippines setting. His also the founder of PAM Academy and Developer of PAM PSE TRACKER application.
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