Tuesday, December 17, 2013

Police power; eminent domain.



"Police power is the inherent power of the State to regulate or to restrain the use of liberty and property for public welfare.58 The only limitation is that the restriction imposed should be reasonable, not oppressive.59 In other words, to be a valid exercise of police power, it must have a lawful subject or objective and a lawful method of accomplishing the goal.60 Under the police power of the State, “property rights of individuals may be subjected to restraints and burdens in order to fulfill the objectives of the government.”61 The State “may interfere with personal liberty, property, lawful businesses and occupations to promote the general welfare [as long as] the interference [is] reasonable and not arbitrary.”62
Eminent domain, on the other hand, is the inherent power of the State to take or appropriate private property for public use.63 The Constitution, however, requires that private property shall not be taken without due process of law and the payment of just compensation.64."

See -
MANILA MEMORIAL PARK, INC.
AND LA FUNERARIA PAZ-SUCAT,
INC.,
Petitioners,
-versus-
SECRETARY OF THE
DEPARTMENT OF SOCIAL
WELFARE AND DEVELOPMENT
and THE SECRETARY OF THE

G.R. No. 175356
Promulgated: DECEMBER 03, 2013