5artx qshouldtherebenoticeandhearingforthe

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Unformatted text preview: ess it is able to exercise them. 3. They are methods by which the State interferes with private rights. 4. They all presuppose an equivalent compensation for the private rights interfered with. 5. They are exercised primarily by the legislature. Q: What are the common limitations of these powers? A: 1. May not be exercised arbitrarily to the prejudice of the Bill of Rights 2. Subject at all times to the limitations and requirements of the Constitution and may in proper cases be annulled by the courts, i.e. when there is grave abuse of discretion. Q: How do these powers differ from one another? A: Police Power Eminent Domain Taxation Extent of power Regulates liberty and property Affects only property rights Affects only property rights Power exercised by whom Exercised only by the government 70 Exercised only by the government Maybe exercised by private entities Property taken is destroyed Purpose Property is taken for public use Compensation Property is taken for public use Intangible; general welfare Protection and public improvements Value of the property expropriated 1. POLICE POWER Q: What are the characteristics of police power as compared to the powers of taxation and eminent domain? A: Police power easily outpaces the other two powers. It regulates not only property, but also the liberty of persons. Police power is considered the most pervasive, the least limitable, and the most demanding of the three powers. It may be exercised as long as the activity or property sought to be regulated has some relevance to the public welfare. (Gerochi v. Department of Energy, G. R. 159796, July 17, 2007) Q: What are the aspects of police power? A: Generally, police power extends to all the great public needs. However, its particular aspects are the following: 1. Public health 2. Public morals 3. Public safety 4. Public welfare Q: Who exercises police power? A: GR: Police power is lodged primarily in the national legislature. XPN: By virtue of a valid delegation of legislative power, it may be...
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