Definition of Laws and Inherent Powers of the State

Law defined by St. Thomas Aquinas

Is an ordinance of reason for the common good, made by him who has care of the community, and promulgated

Law defined by Sanchez Roman

A rule of conduct, just, obligatory, promulgated by legitimate authority, and of common observance and benefit.

Sources of law

• Constitution

• Statutes and Legislation

• Treaties

• Judicial decisions or Jurisprudence

• Customs

Parts of law

• Title

• Preamble

• Enacting clause

• Body

• Effectivity clause

The scope of the law’s document

Title

Preamble

It states the objective of enacting the law, justification of the purpose of the law

Enacting clause

It tells which government body is responsible for implementing the law

Body

This part has all the necessary information about the law, all the technical terms.

Effectivity clause

It tells when the act shall take place

Principle of Rule of Law

The people shall abide by the law as such no man should be above it. It is the rightful duty of the people to follow the law to attain equality and the common good.

Inherent powers of the state

• Police power

• Power of Eminent Domain

• Power of Taxation

Police power

Police power is a plenary power of the State that limits the freedom and resources to citizens on the grounds of benefiting society.

Power of eminent domain?

The government’s power to claim private land for public use.

Define Article 435 of the Civil Code

No person shall be deprived of their property EXCEPT by competent authority, and for public use JUST THAT the person shall be fairly compensated.

What is the difference between eminent domain and expropriation?

Eminent domain is the theoretical power, Expropriation is the judicial process of exercising that power.

What are the stages of expropriating a property?

• Condemnation of the property by issuing a writ of possession

• Determining the just compensation for the property

What are the requisites of eminent domain?

• The land expropriated must be used for the public benefit

• The just compensation must be given to the owner

What would happen if the land expropriated was not used that it is intended for?

If the expropriator fails to use the land for its intended purpose, they are obligated to return the land to the original owners if they intend to claim it back.

In another case, if the expropriator would like to make use of the land other than their primary purpose, they must file another petition that states the new purpose of the land.

What is taxation?

The government’s power to collect money (known as taxes) from citizens based on their income and property to fund government functions.