Police Power
-power of state to pass rules and regulations, enact laws for the promotion of the general welfare
-most pervasive, governs a person from womb to tomb
-least limited among the three inherent powers
-cannot be the subject of a contract
Legal basis
- Welfare of the people is the supreme law
- Individual benefit is subordinate to the interest of the greater number
Test for validity
- Lawful subject
-the objective must be for the promotion of the general welfare (public safety/health/etc)
-for the community not an individual or a group
- Lawful means
-must not be contrary to law or oppressive to the rights of individuals
See separate page for notes in cases regarding this!
Who may exercise police power?
- Congress
- President
-based Sec 23 Art 6
-only in cases of war or national emergency
-there must be a declaration of a state of war to be determined by
congress: joint session but voting separately
president: as commander in chief of armed forces
BUT there must be express grant of emergency powers in the form of a law for the president to be able to exercise such power
- president should be guided by the declared policies given by congress in granting the emergency power
-limited time only
if the calamity/emergency ceases then the power ceases
if congress will issue a resolution (signature of the president is not needed) withdrawing such power
if not withdrawn earlier it will last until next adjournment of congress
National emergency
-too sudden, affecting the nation, a calamity too serious
- Admin bodies
-agencies under the control of the president who are tasked to enforce the law (dept of finance/energy/ etc)
-promulgate IRR or implementing rules and regulations (subordinate legislature)
-do not make laws but rules and regulation, law execution rather than law making
-must pass the completeness and sufficiency of standard test (recall consti 1)
- LGU
- People in general
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