The State & its Inherent Powers Flashcards
A _________ is a community of persons more or less numerous, permanently occupying a definite portion of territory, having a government of their own to which the great body of inhabitants render obedience, and enjoying freedom from external control (sovereignty).
state
TRUE OR FALSE
The Philippines is not a state.
FALSE – The Philippines is a state.
What are the 4 elements of a state?
- a community of persons more or less numerous
- permanently occupying a definite portion of territory
- having a government of their own to which the great body of inhabitants render obedience
-enjoying freedom from external control (sovereignty).
TRUE OR FALSE
STATE is Principal and GOVERNMENT is the Agent.
TRUE
TRUE OR FALSE
The GOVERNMENT is made of all citizens, the STATE is made of people who exercise the political control or admission.
FALSE
TRUE OR FALSE
The GOVERNMENT cannot exist without s, but the state, but the STATE can exist without a government.
FALSE because is the STATE that cannot exist without the GOVT, and the GOVT who can exist without the STATE.
TRUE OR FALSE
The State remains as long as all its elements exist, while the GOVERNMENT can change without affecting the status of a state.
TRUE
Which branch of the government has the power to make, alter, or repeal laws.
LEGISLATIVE
Which branch of the government has the power to execute and enforce laws.
EXECUTIVE
Which branch of the government has the power to settle justiciable controversies or disputes involving rights that are enforceable and demandable.
JUDICIARY
Which branch of the government is composed of the CONGRESS (i.e., House of Representatives voted by legislative districts and Senate voted nationally)?
LEGISLATIVE
Which branch of the government is composed of the ff:
- Regional Legislative Assembly (Autonomous Regions)
- Sangguniang Panlalawigan (Province)
- Sangguniang Panlungsod (City)
- Sangguniang Bayan (Municipality)
- Sangguniang Barangay (Barangay)
- Sangguniang Kabataan (Barangay)
LEGISLATIVE
Which branch of the government is composed of the ff:
- President
- V. President
- Cabinet Secretaries
EXECUTIVE
Which branch of the government is composed of the ff:
- Provincial/ Regional Governor
- Provincial/ Regional Vice-Governor
- City/Municipal Mayor
- City/Municipal Vice-Mayor
- Barangay Captain/ Barangay Chairman
EXECUTIVE
Which branch of the government is composed of the ff:
- Supreme Court
- Court of Appeals
- Regional Trials Court
- Metropolitan Trial Courts
- Metropolitan Circuit Trial Courts
JUDICIARY
ARTICLE II OF THE 1987 PHILIPPINE CONSTITUTION, DECLARATION OF PRINCIPLES AND STATE POLICIES
Function of Declaration or Principles?
Statement of the basic ideological principles and policies that underlie the Constitution. It sheds light on the __________________________ and guides the government in ___________________________.
meaning of other provisions;
implementing the constitution
Democratic
The Philippines has aspects of _________________. DEMOCRACY such as “initiative and referendum” (Art. VI, Sec. 32; Art. XVII, Sec.2)
DIRECT
The word “_______________” is also a monument to the EDSA Revolution which re-won freedom through direct action of the people.
democratic
A ______________ state is a state wherein all government authority emanates from the people and is exercised by a representative chosen by the people.
republican
SOVEREIGNTY RESIDES IN THE PEOPLE
2 Types:
Legal Sovereignty and Political sovereignty
supreme power to affect legal interests either by legislative, executive or judicial action. It is lodged in the people but is normally exercised by state agencies.
Legal Sovereignty
sum total of all the influences in a state, legal, and non-legal, which determine the course of law.
Political sovereignty
INHERENT POWERS OF THE STATE:
Power to promote and protect the general welfare.
POLICE POWER
Positively: “the most essential, insistent and the least limitable power, extending as it does to all the great public needs.”
Negatively: “the inherent and plenary power of the State which enables it to prohibit all that is hurtful to the comfort, safety, and welfare of society.”
POLICE POWER
Basic Purpose of Police Power:
- To serve the _______________________, comfort and convenience of the people;
- To promote and preserve _______________;
- To promote and protect _____________;
- To maintain and safeguard _______________;
- To protect ______________; and
- To promote the ________________ of the people.
general welfare;
public health;
public safety;
public order;
public morals;
economic security.
INHERENT POWERS OF THE STATE:
Enables the State to forcibly acquire private property, which is intended for public use, upon payment or just compensation. Essentially, a compulsory sale to the State.
POWER OF EMINENT DOMAIN
Requisites for exercise of eminent domain:
- The expropriator must enter a ________________;
- The ___________ into private property must be for more than a momentary period;
- The ______________________ should be under warrant or color of legal authority;
- The property must be devoted to a ____________ or otherwise informally appropriated or injuriously affected; and
- The utilization of the property for public use must be in such a way as to oust the owner and ______________________________________ of the property.
private property;
entrance;
entry into the property;
public use;
deprive him of all beneficial enjoyment.
General Rule: All Private Properties May Be Taken.
- Real Property (expropriation)
- Personal Property
- Tangible Property
- Intangible Property
- Exception: money and personal right (chose in action)
Who may exercise power of eminent domain?
- Congress
- President
- Local legislative bodies
- Certain Public Corporations (i.e., NHA)
- Quasi-public corporations (i.e., PNR, LRTA)
INHERENT POWERS OF THE STATE
______________ – enforced proportional contributions from persons and property, levied by the Senate for the support of government and all public needs.
TAX
method tax is enacted.
TAXATION
Positively: “the power to keep alive” (i.e., the imposition of tariffs designed for the encouragement and protection of locally produced goods against competition from imports, tax exemptions) (Hampton Co. v. United States, 276 U.S. 394 412 (1928))
Negatively: “The power to tax involves the power to destroy” (i.e., sin taxes) (McCulloch v. Maryland, 4 Wheat, 316 431 (U.S. 1819))
POWER OF TAXATION
Basis of Taxation:
- Benefit-received principle.
- Reciprocal duties of support and protection between the State and its inhabitants.
CLASSIFICATIONS OF TAX on Subject matter
_____________________ – fixed amount imposed on persons residing within a specific territory, regardless of citizenship, property, or occupation (i.e., community tax)
Personal, poll, or capitation tax
Purpose of taxation:
- Revenue generation
- Non-revenue or regulatory (regulation/control) (i.e., tariffs to protect local industries, prevent inflation, promote new industries, etc.)
CLASSIFICATIONS OF TAX on Subject matter
________________ imposed on property, based on its value or some other reasonable basis
Property
CLASSIFICATIONS OF TAX on Subject matter
_______________ – imposed on the exercise of an act, privilege, or occupation (i.e., donee’s tax)
Excise Tax
CLASSIFICATIONS OF TAX on Liable
________________ – demanded from the person who shoulders the burden. Cannot be “passed” or shifted to another
Direct tax
CLASSIFICATIONS OF TAX on Liable
________________ – demanded from a person who is expected to indemnify him/herself at the expense of another. It is “passed” or shifted to another (i.e., VAT).
Indirect Tax
CLASSIFICATIONS OF TAX on Imposing Authority
__________________ – National Government
National Tax
CLASSIFICATIONS OF TAX on Imposing Authority
________________ – LGU or Municipal corporations
Amount
Local Tax
CLASSIFICATIONS OF TAX on Imposing Authority
___________________ – fixed amount per head/ number/ other standard of measurement.
Specific Tax
CLASSIFICATIONS OF TAX on Imposing Authority
_____________________ – based on a fixed proportion of the property. Estimation of value property needed.
Ad valorem tax
Article IV, Section 28. (1) The rule of taxation shall be uniform and ___________. The Congress shall evolve a _______________ system of taxation.
equitable; progressive
_________________________ – means that persons or things belonging to the same class shall be taxed at the same rate. Tax operates with the same force and effect in every place where the subject of it is found. (i.e., valid classification)
Uniformity in taxation
____________________ – means the tax burden must be imposed according to the taxpayer’s capacity to pay.
Equitable taxation
___________________________ – tax rate increases as tax base increases.
Progressive System of Taxation
