Police Power Flashcards
Police power is one of the inherent powers of the State. Which of the following is not true about police power?
Police power may be exercised by private entities.
Property taken in police power is usually noxious or intended for a noxious purpose and may thus be destroyed.
Police power can be exercised even without need of explicit constitutional grant.
Police power regulates both liberty and property.
Police power may be exercised by private entities.
Which of the following may be regulated by the State’s police power?
Mining exploration permits and timber permits.
The license to carry firearms.
The license to operate a motor vehicle.
The right to select a profession or course of study.
All, except mining exploration permits and timber permits.
All of the choices.
All of the choices.
Mining exploration permits and timber permits.
The license to carry firearms.
The license to operate a motor vehicle.
The right to select a profession or course of study.
All, except mining exploration permits and timber permits.
The following may validly exercise police power, except:
President, upon valid delegation
Administrative bodies, upon valid delegation
Legislature, inherently
Local government units under the Local Government Code
Private corporations, inherently
Lawmaking bodies of local government units, upon valid delegation
Private corporations, inherently
Which of the following is not true about the Metro Manila Development Authority (MMDA)?
MMDA is duty-bound to confiscate, suspend, or revoke a driver’s license in the exercise of transport and traffic management.
MMDA is an administrative agency tasked with the implementation of rules and regulations enacted by proper authorities.
MMDA possesses delegated police power under the law.
MMDA and its council is empowered under the law to enact ordinances, approve resolutions, and appropriate funds for the general welfare of the inhabitants of Metro Manila.
MMDA possesses delegated police power under the law.
“That the interests of the public, in general, as distinguished from those of a particular class, require the exercise of police power.” What is the name of this test?
Lawful means test
Lawful object test
Lawful subject test
Lawful method test
Lawful subject test
Suppose that Ordinance 123 was passed in order to decongest highways. Ordinance 123 declares bus terminals as nuisances per se and orders that these bus terminals either be relocated or closed. Rule on the validity of Ordinance 123.
Ordinance 123 is invalid because the lawful method test is not satisfied.
Ordinance 123 is invalid because both the lawful subject test and lawful method test are not satisfied.
Ordinance 123 is valid because it satisfies both the lawful subject test and lawful method test.
Ordinance 123 is valid, even if it only satisfies the lawful subject test.
Ordinance 123 is invalid because the lawful method test is not satisfied.
The following are true about municipal ordinances, except:
Municipal ordinances must not be unreasonable.
Municipal ordinances must not be partial or discriminatory.
Municipal ordinances may prohibit trade.
Municipal ordinances must not be unfair or oppressive.
Municipal ordinances must not contravene the Constitution.
Municipal ordinances may prohibit trade.
“Use your own property in such a manner as not to injure that of another.” This legal principle — a justification of police power — is otherwise known as:
Salus populi est suprema lex.
Aut dedere aut judicare.
Nullum crimen, nulla poena sine lege.
Sic utere tuo ut alienum non laedas.
Sic utere tuo ut alienum non laedas.
When a certain property is taken under the exercise of police power, it is:
Usually noxious or intended for a noxious purpose but can never be destroyed
Usually noxious or intended for a noxious purpose and may thus be destroyed
Wholesome and devoted to private use or purpose
Wholesome and devoted to public use or purpose
Usually noxious or intended for a noxious purpose and may thus be destroyed
Which of the following statements correctly characterizes police power?
It is just as pervasive, limitable, and demanding as the three inherent powers of the State.
It is just as pervasive, limitable, and demanding as the power of eminent domain.
It is the least pervasive, most limitable, and least demanding of the three inherent powers of the State.
It is the most pervasive, least limitable, and most demanding of the three inherent powers of the State.
It is the most pervasive, least limitable, and most demanding of the three inherent powers of the State.
Which of the following statements is true about the powers of taxation and eminent domain vis-à-vis police power?
Both the powers of taxation and eminent domain may not be used as implements in the exercise of police power.
Only the power of taxation may be used as an implement in the exercise of police power.
Only the power of eminent domain may be used as an implement in the exercise of police power.
Both the powers of taxation and eminent domain may be used as implements in the exercise of police power.
Both the powers of taxation and eminent domain may be used as implements in the exercise of police power.
Which of the following statements is true about police power vis-à-vis the non-impairment of contracts and vested rights?
Police power must yield to the non-impairment clause under the Constitution.
Police power legislation is only applicable to future contracts and never to those already in existence.
The non-impairment clause under the Constitution must yield to the superior and legitimate exercise of police power by the State.
A law enacted in the exercise of police power to regulate or govern certain activities cannot be given retroactive effect and may not impair vested rights or contracts.
The non-impairment clause under the Constitution must yield to the superior and legitimate exercise of police power by the State.
In Carlos Superdrug v. DSWD, the Court upheld the _____ as a legitimate exercise of police power.
Expanded Senior Citizens Act of 2003 (R.A. No. 9257)
Social Security Act of 2018 (R.A. No. 11199)
Expanded Maternity Leave Law (R.A. No. 11210)
Comprehensive Dangerous Drugs Act of 2002 (R.A. No. 9165)
Expanded Senior Citizens Act of 2003 (R.A. No. 9257)
In MMDA v. Viron Transportation, the Court held that the _____, instead of MMDA, is authorized to establish and implement the project establishing the “Greater Manila Mass Transport System” under Executive Order No. 179.
Department of Transportation (DOTr)
Department of the Interior and Local Government (DILG)
Department of Tourism (DOT)
Department of Public Works and Highways (DPWH)
Department of Transportation (DOTR)
The welfare of the people is the supreme law.” This legal principle — a justification of police power — is otherwise known as _______.
Sic utere tuo ut alienum non laedas.
Nullum crimen, nulla poena sine lege.
Aut dedere aut judicare.
Salus populi est suprema lex.
Salus populi est suprema lex.
