E.

Checks and balances

Define checks and balances.

Checks and balances is the mechanism by which one branch is allowed to (1) resist
the encroachment of another; or (2) rectify mistakes or excesses committed by
another.

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F. Delegation of powers

State the doctrine of non-delegation of powers. Enumerate (5) exceptions thereto.

What has been delegated cannot be delegated because a delegated powers

constitutes a right and a duty to be performed by the delegate on his own judgment.

Exceptions:

1. When expressly permitted by the Constitution;

2. Delegation of power to local governments;
3. Delegation of power to administrative agencies;
4. Delegation of power to the President; and
5. Delegation of power to the people.

State the rule on delegating powers to administrative agencies.

Due to the advent of progress, technology, and rapid development, the Legislature
does not have the time, competence, and expertise to foresee every contingency
involved in a given problem that requires specific skills and knowledge.

Accordingly, delegation is now the rule and non-delegation the exception.

Enumerate the (3) requisites for the validity of the rules and regulations issued by
administrative agencies.

For rules and regulations issued by administrative agencies to be valid, they must:

1. Be germane to the purpose of the law;

2. Conform to the standards that the law prescribes;
3. Relate solely to carrying out the general provisions of law.

Enumerate the (2) types of tests for valid delegation and briefly define each.
1. Completeness test – the law must be complete in all its terms and conditions so
that there is nothing left for the delegate to do except to enforce it;

2. Sufficient standard test – the boundary of the delegate’s authority must be

mapped out by (a) defining the legislative policy; and (b) indicating the
circumstance under which it shall be pursued.

Enumerate and briefly explain the (2) powers Congress may delegate to the
President.

1. Tariff powers – Congress may authorize the President to fix tariff rates, import
and export quotas, tonnage and wharfage fees, and other duties or imposts.

2. Emergency powers – in times of war or other national emergency, Congress

may authorize the President to exercise the necessary powers to carry out a
declared national policy.

Enumerate the (2) powers Congress may delegate to the people.

1. Referendum; and

2. Plebiscite

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G. Fundamental powers of the State

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1. Police power

Define police power.

Police power is first of three inherent powers of the State.

It is the power to promote public welfare by: (1) restraining; and

(2) regulating, the enjoyment of liberty and property.

State the scope of police power

Police power is the most pervasive, least limitable, and most demanding power of
the State.

Enumerate the (2) main limitations/requisites in the exercise of police power and
briefly explain each.
1. Lawful subject – the matter sought to be regulated must rightly affect general
welfare; and

2. Lawful means – the means employed must be reasonable and commensurate

with the police objective and NOT unduly oppressive.

Note: the other limitations are: (3) the exercise of police power is expressly
granted by law; (4) police power is exercised within territorial limits; and (5) the
exercise of police power must not be contrary to law.

Identify the entity who may rightly exercise police power.

Police power is primarily lodged in Congress.

Nevertheless, Congress may delegate the exercise of police power to:

(1) the President; (2) administrative bodies; and (3) LGUs.

State the rule in determining when taxing power is exercised as police power.

If the primary purpose in imposing a tax is to regulate, then taxing power is

imposed as an implement of police power.

State the rule in determining when eminent domain is exercised as police power.

If primary purpose in exercising eminent domain is to attain a police objective,

then eminent domain is exercised as an implement of police power.

However, the property taken must be (1) noxious; and (2) destroyed upon taking.

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2. Eminent domain

Define eminent domain.

Eminent domain is the second of three inherent powers of the State.

It is the power to (1) condemn (expropriate) private property; (2) for public use; (3)
upon payment of just compensation.

Identify the person entity that may exercise the power of eminent domain.

Generally, Congress exercises the power of eminent domain.

However, Congress may delegate the same to the President, administrative bodies,
LGUs, and private enterprises performing public services.

Enumerate the (5) requisites for its valid exercise.

1. Necessity;

Note: the determination of necessity by Congress is a political question; but

when exercised by a delegate, it is a judicial question.

2. Property taken must be private property;

All private property capable of ownership can be expropriated except: (a)

money; and (b) choses in action (real rights).

3. Property taken must be for public use;

Under the current political climate, whatever may be beneficially employed for
the general welfare satisfies the requirement of public use.

Thus, even if the taking will only directly benefit a few, if it is for the general
welfare of the people, the taking is still deemed to be for public use.

4. Payment of just compensation;

Just compensation means the full and fair equivalent of the property taken; it is
that price which a person desiring but not compelled to buy, and a person
willing but not compelled to sell, agree upon.

Note: for compensation to be just, it must also be made promptly.

The Court has ruled that just compensation must be made within 5 years from
the taking to be considered prompt. Otherwise, the original owner can bring an
action before the court to either: (a) recover just compensation; or (b) recover
possession, at the owner’s option.

If the Government fails to pay within a reasonable time, an interest rate of 6%

per annum shall accrue.

5. Observance of due process.

Due process in eminent domain constitutes: (a) the taking of private property
for public use; (b) giving notice to the owner of the expropriation proceedings;
and (c) payment of just compensation.
State the nature of determining just compensation.

The determination of just compensation is a judicial question.

Accordingly, courts can review the ff: (1) the adequacy of compensation; (2) the
necessity of expropriation (if exercised by a delegate); and
(3) the public character of the purpose for which the property is taken.

Note: legislative enactments providing the method of computing just compensation

is not permitted because it encroaches judicial prerogatives.

Hence, the valuation of the DAR is only preliminary and not conclusive upon the
land owner and the courts.

What may the form of just compensation be in?

Just compensation shall be in the form of money and no other.

However, in agrarian reform, which is a revolutionary form of expropriation,

payment may be allowed partly in bonds.

State when a writ of possession may be issued by the court.

A writ of possession shall be issued when the plaintiff has the right to possess the
real property.

The right to enter into possession shall accrue when the plaintiff deposits with the
authorized government depositary an amount equal to the assessed value of the
property for purposes of taxation.

In short: a writ of possession shall be issued when:

1. The plaintiff has the right enter possession;

2. Upon deposit of an amount equivalent to the value of the property reflected on
its tax declaration.

Enumerate the (5) requisites for LGUs to validly exercise the power of eminent
domain.

1. Taking must be for public use;

2. Taking must be for a public purpose;

3. Taking must be for the benefit of the poor and landless;

4. Payment of just compensation;

5. The LGU concerned extended a valid and definite offer to the owner but the
offer was not accepted.

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3. Taxation

Define taxation.

Taxation is the third of three inherent powers of the State.

It is the power to raise revenue (1) to defray the necessary expenses of government
or (2) for any public purpose.

Define taxes.

Taxes are the enforced proportional contributions form persons or property.

Taxes are levied by the State by virtue of its sovereignty.

Identify the entity who primarily exercises the power of taxation.

The Legislature and LGUs primarily exercise the power of taxation.

However, the Legislature may delegated the same to the President.

Enumerate the (3) requisites for the valid exercise of taxation.

1. Uniform and equitable – in that persons or things belonging to the same class
must be taxed at the same rate.

2. Progressive system of taxation – in that the rate increase as tax base increases.

3. Delegated tax legislation – Congress may delegate the power to tax only if
allowed by the Constitution.

Enumerate the (5) limitations on the exercise of taxation.

1. Due process;

For taxing purposes, due process is violated when: (a) the tax imposed is for a
private purpose; (2) tax is imposed on property outside the state; or (3) the tax
 imposed or the methods used in assessing and collecting it are arbitrary or
oppressive.

2. Equal protection clause;

For taxing purposes, all persons or things similarly situated must be taxed alike,
otherwise the tax is not valid.

Nevertheless, persons and property may be validly classified if the

classification: (a) rests on substantial distinction; (b) is germane to the law; (c)
is not limited to existing conditions; and (d) applies equally to all members of
the same class.

3. Public purpose;

Taxes cannot be used for purely private purposes or for the exclusive benefit of
private persons.

4. Double taxation;

Double taxation is generally not disallowed in the Philippines unless it is

obnoxious.

Double taxation in the strict sense, wherein the same tax is imposed on the same
person on the same subject by the same authority in the same period in the same
jurisdiction, is generally frowned upon and may justify the invalidity of a tax.

5. Tax exemptions.

No law granting any tax exemption shall be passed without the concurrence of a
majority of ALL members of Congress.

State when the exercise of police power is tantamount to the exercise of taxing
power.

The exercise of police power is tantamount to the exercise of taxing power if the
primary purpose of the regulation is to raise revenue, the regulation itself being
merely incidental.

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III. NATIONAL TERRITORY

The national territory of the Philippines includes:

1. Philippine archipelago, with all the islands and waters embraced therein.
2. All other territories over which the Philippines has sovereignty or jurisdiction,
consisting of its terrestrial, fluvial, and aerial domains.
3. Territorial sea, the seabed, the subsoil, the insular shelves, and other
submarine areas.
4. Waters around, between, and connecting the islands of the archipelago,
regardless of their breadth and dimensions which form part of the internal
waters of the Philippines (Archipelagic Doctrine).