When we hear the words “police power”, we often think of policemen patrolling the streets or enforcing laws. But in law, police power is much bigger than just the work of the police. It is one of the most important powers of the government that affects our daily lives.
What is Police Power?
Police power is the authority of the State to make laws and regulations that promote the health, safety, morals, and general welfare of the people.
Think of it this way: the government uses police power to create rules that protect us, even if those rules sometimes limit our personal freedom.
For example:
- Traffic laws keep our roads safe.
- Anti-smoking laws protect public health.
- Curfews for minors ensure safety at night.
Basis in Law
Police power is not found in just one article of the law—it comes from the Constitution itself.
- Article II, Section 5 of the 1987 Philippine Constitution:
“The maintenance of peace and order, the protection of life, liberty, and property, and the promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.” - Article III (Bill of Rights) also balances this power, because while the State can restrict some freedoms for the common good, it cannot completely take away fundamental rights without due process.
In the case of Samson v. Pantaleon.1 The Court ruled that the law did not grant procedural or regulatory authority beyond its express provisions, illustrating police power must stem from proper legal delegation. Such delegation of legislative power is valid only if the law (a) is complete in itself, setting forth therein the policy to be executed, carried out, or implemented by the delegate; and (b) fixes a standard – the limits of which are sufficiently determinate and determinable – to which the delegate must conform in the performance of his functions. A sufficient standard is one which defines legislative policy, marks its limits, maps out its boundaries and specifies the public agency to apply it. It indicates the circumstances under which the legislative command is to be effected.
The Supreme Court has also explained that police power is:
“The power of the State to promote public welfare by restraining and regulating the use of liberty and property.”
Characteristics of Police Power
- Inherent – It exists even if the Constitution does not expressly grant it.
- Plenary – It covers all needs of public welfare.
- Coextensive – It is as broad as the needs of society.
- Limitations – It cannot go against the Constitution and must respect basic rights.
In short, police power makes sure that individual freedom does not harm the rights and safety of the majority.
- Samson v. Pantaleon, G.R. No. 194335, November 17, 2020. ↩︎
