The State & its Inherent Powers

Question 1

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).

Answer 1

state

Question 2

TRUE OR FALSE

The Philippines is not a state.

Answer 2

FALSE – The Philippines is a state.

Question 3

What are the 4 elements of a state?

Answer 3

• 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).

Question 4

TRUE OR FALSE

STATE is Principal and GOVERNMENT is the Agent.

Answer 4

TRUE

Question 5

TRUE OR FALSE

The GOVERNMENT is made of all citizens, the STATE is made of people who exercise the political control or admission.

Answer 5

FALSE

Question 6

TRUE OR FALSE

The GOVERNMENT cannot exist without s, but the state, but the STATE can exist without a government.

Answer 6

FALSE because is the STATE that cannot exist without the GOVT, and the GOVT who can exist without the STATE.

Question 7

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.

Answer 7

TRUE

Question 8

Which branch of the government has the power to make, alter, or repeal laws.

Answer 8

LEGISLATIVE

Question 9

Which branch of the government has the power to execute and enforce laws.

Answer 9

EXECUTIVE

Question 10

Which branch of the government has the power to settle justiciable controversies or disputes involving rights that are enforceable and demandable.

Answer 10

JUDICIARY

Question 11

Which branch of the government is composed of the CONGRESS (i.e., House of Representatives voted by legislative districts and Senate voted nationally)?

Answer 11

LEGISLATIVE

Question 12

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)

Answer 12

LEGISLATIVE

Question 13

Which branch of the government is composed of the ff:
- President
- V. President
- Cabinet Secretaries

Answer 13

EXECUTIVE

Question 14

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

Answer 14

EXECUTIVE

Question 15

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

Answer 15

JUDICIARY

Question 16

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 ___________________________.

Answer 16

meaning of other provisions;
implementing the constitution

Question 17

Democratic

The Philippines has aspects of _________________. DEMOCRACY such as “initiative and referendum” (Art. VI, Sec. 32; Art. XVII, Sec.2)

Answer 17

DIRECT

Question 18

The word “_______________” is also a monument to the EDSA Revolution which re-won freedom through direct action of the people.

Answer 18

democratic

Question 19

A ______________ state is a state wherein all government authority emanates from the people and is exercised by a representative chosen by the people.

Answer 19

republican

Question 20

SOVEREIGNTY RESIDES IN THE PEOPLE
2 Types:

Answer 20

Legal Sovereignty and Political sovereignty

Question 21

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.

Answer 21

Legal Sovereignty

Question 22

sum total of all the influences in a state, legal, and non-legal, which determine the course of law.

Answer 22

Political sovereignty

Question 23

INHERENT POWERS OF THE STATE:

Power to promote and protect the general welfare.

Answer 23

POLICE POWER

Question 24

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.”

Answer 24

POLICE POWER

Question 25

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.

Answer 25

general welfare; public health; public safety; public order; public morals; economic security.

Question 26

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.

Answer 26

POWER OF EMINENT DOMAIN

Question 27

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.

Answer 27

private property; entrance; entry into the property; public use; deprive him of all beneficial enjoyment.

Question 28

General Rule: All Private Properties May Be Taken.

Answer 28

- Real Property (expropriation) - Personal Property - Tangible Property - Intangible Property * Exception: money and personal right (chose in action)

Question 29

Who may exercise power of eminent domain?

Answer 29

- Congress - President - Local legislative bodies - Certain Public Corporations (i.e., NHA) - Quasi-public corporations (i.e., PNR, LRTA)

Question 30

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.

Answer 30

TAX

Question 31

method tax is enacted.

Answer 31

TAXATION

Question 32

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))

Answer 32

POWER OF TAXATION

Question 33

Basis of Taxation:

Answer 33

- Benefit-received principle. - Reciprocal duties of support and protection between the State and its inhabitants.

Question 34

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)

Answer 34

Personal, poll, or capitation tax

Question 34

Purpose of taxation:

Answer 34

- Revenue generation - Non-revenue or regulatory (regulation/control) (i.e., tariffs to protect local industries, prevent inflation, promote new industries, etc.)

Question 35

CLASSIFICATIONS OF TAX on Subject matter ________________ imposed on property, based on its value or some other reasonable basis

Answer 35

Property

Question 36

CLASSIFICATIONS OF TAX on Subject matter _______________ – imposed on the exercise of an act, privilege, or occupation (i.e., donee’s tax)

Answer 36

Excise Tax

Question 37

CLASSIFICATIONS OF TAX on Liable ________________ – demanded from the person who shoulders the burden. Cannot be “passed” or shifted to another

Answer 37

Direct tax

Question 38

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).

Answer 38

Indirect Tax

Question 39

CLASSIFICATIONS OF TAX on Imposing Authority __________________ – National Government

Answer 39

National Tax

Question 40

CLASSIFICATIONS OF TAX on Imposing Authority ________________ – LGU or Municipal corporations Amount

Answer 40

Local Tax

Question 41

CLASSIFICATIONS OF TAX on Imposing Authority ___________________ – fixed amount per head/ number/ other standard of measurement.

Answer 41

Specific Tax

Question 42

CLASSIFICATIONS OF TAX on Imposing Authority _____________________ – based on a fixed proportion of the property. Estimation of value property needed.

Answer 42

Ad valorem tax

Question 43

Article IV, Section 28. (1) The rule of taxation shall be uniform and ___________. The Congress shall evolve a _______________ system of taxation.

Answer 43

equitable; progressive

Question 44

_________________________ – 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)

Answer 44

Uniformity in taxation

Question 45

____________________ – means the tax burden must be imposed according to the taxpayer’s capacity to pay.

Answer 45

Equitable taxation

Question 46

___________________________ – tax rate increases as tax base increases.

Answer 46

Progressive System of Taxation