Laws & Jurisprudence
POLICE POWER OF THE STATE
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Police power is the state authority to enact legislation that may interfere with personal liberty or property to promote the general welfare. It consists of (a) an imposition of restraint upon liberty or property; (b) in order to foster the common good. It is not capable of an exact definition, but has been, purposely, veiled in general terms to underscore its all comprehensive embrace. (Philippine Association of Service Exporters, Inc. vs. Drilon, GR 81958)
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)
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
Police power is lodged primarily in the national legislature.
Exception: By virtue of a valid delegation of legislative power, it may be exercised by the:
1. President
2. Administrative bodies
3. Lawmaking bodies on all municipal levels, including the barangay. Municipal governments exercise this power under the general welfare clause. (Gorospe, Constitutional Law: Notes and Readings on the Bill of Rights, Citizenship and Suffrage, Vol. 2.)
Following are the requisites for the valid exercise of police power by the delegate?
1. Express grant by law
2. Must not be contrary to law
3. Within territorial limits of LGUs
Exception: When exercised to protect water supply (Wilson v. City of Mountain Lake Terraces, 417 P.2d 632, 1966)
Nobody can compel the government to exercise police power.
The exercise of police power lies in the discretion of the legislative department. The only remedy against legislative inaction is a resort to the bar of public opinion, a refusal of the electorate to turn to the legislative members who, in their view, have been remiss in the discharge of their duties.
Courts cannot interfere with the exercise of police power.
If the legislature decides to act, the choice of measures or remedies lies within its exclusive discretion, as long as the requisites for a valid exercise of police power have been complied with.
Following are the tests to determine the validity of a police measure:
1. Lawful subject – The interests of the public generally, as distinguished from those of a particular class, require the exercise of the police power
2. Lawful means – The means employed are reasonably necessary for the accomplishment of the purpose and not unduly oppressive upon individuals
DISCLAIMER: The author is not lawyer nor an authority on this topic. It is a product of humble research and study of law. It should not be used as sole basis in filing a case, instead, consult your lawyer for proper legal advice.
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