May the State impose on all kinds of properties restraints and burdens for the common good?
- Category: Constitutional Law
Yes. By the “general police power of the State, persons and property are subjected to all kinds of restraints and burdens, in order to secure the general comfort, health, and prosperity of the State; of the perfect right in the legislature to do which, no question ever was, or, upon acknowledged and general principles, ever can be made, so far as natural persons are concerned.” (U.S. v. Torribio, supra. note 24, at 98-99, citing Thorpe v.Rutland & Burlington R.R. Co. (27 Vt., 140, 149; U.S. v. Torribio, supra note 24, citing Lawton v. Steele, 152 U.S.133, 136; Barbier v. Connoly, 113 U.S. 27; Kidd v. Pearson, 128 U.S. 1). (Carlos Superdrug Corp., et al. v. DSWD,et al., G.R. No. 166494, January 29, 2007, Azcuna, J).