Police Power

POLITICAL LAW AND PUBLIC INTERNATIONAL LAW

Philippine Law: Police Power under the Fundamental Powers of the State

I. Introduction to Fundamental Powers of the State

The Fundamental Powers of the State refer to the inherent authorities that the government exercises
to regulate and control activities within its territory for the general welfare of its people. In the
Philippines, there are three main fundamental powers:

1. Police Power

2. Power of Eminent Domain

3. Power of Taxation

Each of these powers serves a distinct function in upholding order, justice, and the general welfare of
society.

II. Police Power: Overview

Police power is the most comprehensive and far-reaching of the three fundamental powers of the State.
It refers to the authority vested in the government to enact laws, ordinances, and regulations to
promote public health, safety, morals, and the general welfare of the people.

Legal Basis

The power is implied by the very existence of government and is essential for maintaining peace and
order. In the Philippines, police power is often associated with the State's general welfare clause in
the Constitution and is inherent in the government, even if not explicitly provided in a single legal
provision.

III. Nature and Scope of Police Power

1. Inherent and Pervasive Power

o Police power is inherent, meaning it exists as a natural consequence of statehood. It

o The power is pervasive, covering a wide range of activities as long as they affect public
welfare, health, safety, and morals.
 2. Characteristics

o Dynamic: The scope of police power changes depending on the needs of society. It
evolves to address new and emerging issues, such as public health crises, technological
advancements, or environmental challenges.

o Superior: Police power is superior to property rights and contracts when the public
interest demands it.

o Delegable: It can be delegated by the legislature to local government units (LGUs) and
other administrative bodies through enabling laws.

IV. Objectives of Police Power

Police power is primarily exercised to achieve the following objectives:

1. Public Health: Laws concerning sanitation, vaccination, quarantine, and disease control.

2. Public Safety: Regulations on fire prevention, traffic management, building codes, firearms
regulation.

3. Public Morals: Regulation of gambling, prostitution, pornography, and indecent conduct.

4. General Welfare: Broad regulations such as zoning laws, environmental protection, consumer
protection, and labor standards.

V. Essential Requisites for Valid Exercise of Police Power

For the valid exercise of police power in the Philippines, two essential requisites must be met:

1. Lawful Subject: The regulation must involve a legitimate subject within the scope of public
interest, such as the health, safety, or morals of society. The measure must be directed toward
promoting the general welfare.

2. Lawful Means: The means used must be reasonable and not arbitrary. It must be necessary to
accomplish the purpose of the regulation and not impose unduly harsh or excessive burdens on
individuals or property owners.

o Tests of Reasonableness:

 The regulation should not be unduly oppressive or confiscatory.

 There should be a reasonable relation between the means employed and the
public interest sought to be protected.
VI. Limitations on Police Power

While police power is extensive, it is not absolute and is subject to certain constitutional and statutory
limitations:

1. Due Process Clause: Police power must conform to both substantive and procedural due
process. Substantive due process requires that the law or regulation is just and not oppressive,
while procedural due process ensures fairness in the law’s enforcement.

2. Equal Protection Clause: Any law or regulation must not discriminate against certain groups
unless justified by a valid classification that is reasonably related to the objective of the law.

3. Bill of Rights: Police power cannot infringe upon the fundamental rights enshrined in the Bill of
Rights (Article III, 1987 Constitution). For instance, the government cannot arbitrarily curtail the
freedoms of speech, assembly, or religion under the guise of police power.

4. Judicial Review: The exercise of police power is subject to review by the courts to determine its
constitutionality. Courts ensure that the power is not used as a tool for oppression or as a
means to usurp property without just compensation.

VII. Police Power and Property Rights

Although police power may infringe on property rights, it differs from the power of eminent domain in
that it does not involve the taking of private property for public use but rather the regulation of
property to serve the public good. For example:

 Eminent domain involves the taking of private land with just compensation.

 Police power regulates property use without the obligation to pay compensation, as long as the
regulation is a valid exercise for public welfare and not confiscatory.

VIII. Police Power and Local Government Units (LGUs)

Under the Local Government Code of 1991 (Republic Act No. 7160), local government units (LGUs) are
delegated the authority to exercise police power in their respective jurisdictions. LGUs may issue
ordinances that regulate local matters of public safety, health, and welfare, provided they do not conflict
with national laws or policies.

 Examples:

o Curfew ordinances

o Anti-littering laws

o Traffic and noise control regulations

o Zoning ordinances
IX. Examples of the Exercise of Police Power in the Philippines

1. Public Health Measures: The Mandatory Helmet Law (Republic Act No. 10054) for motorcycle
riders and Smoking Ban (Executive Order No. 26, s. 2017).

2. Traffic and Safety Regulations: Implementation of traffic laws like the Anti-Drunk and Drugged
Driving Act (Republic Act No. 10586).

3. Environmental Laws: The Clean Air Act (Republic Act No. 8749) and the Solid Waste
Management Act (Republic Act No. 9003).

X. Conclusion

Police Power is a key component of the State's ability to regulate behavior and ensure the general
welfare of society in the Philippines. Although it is inherent, extensive, and flexible, its exercise must still
adhere to constitutional safeguards, particularly those protecting the rights to due process and equal
protection. The courts serve as the final arbiter in determining whether the government has acted
within the boundaries of its police power.

This outline provides a fundamental understanding of police power within the framework of Philippine
Political Law, under the broader concept of the Fundamental Powers of the State.