Cagayan State University
ANDREWS CAMPUS
WWW.CSU.EDU.PH
ASSOCIATION OF LEGAL MANAGEMENT STUDENTS
LEGAL RESEARCH
Overview of the Government Structure
Fundamental Powers of the State
1. Police Power of the State – the power
of the state to regulate liberty and
property for the promotion of general
welfare of the people1.
2. Power of Eminent Domain – it enable
the state to acquire private property, upon
payment of just compensation2.
Recognized elements of the valid exercise
of eminent domain, namely:
1. the property taken must be private
property;
2. there must be genuine necessity to take
the private property;
3. the taking must be for public use;
4. there must be payment of just
compensation; and
5. the taking must comply with due process
of law.
3. Power of Taxation – power of the state to
demand from the members of the society
their proportionate share or contribution
in the maintenance of the government1.
Taxation vs Taxes
• Taxation is the inherent power of the
sovereign, exercised through the
legislature, to impose burdens upon
subjects and objects within its jurisdiction
for the purpose of raising revenues to
carry out the legitimate objects of
government.
• Taxes are the enforced proportional
contributions from persons and property
levied by the law-making body of the
State by virtue of its sovereignty for the
support of the government and all public
needs, [Cooley]
• Taxes are enforced contributions1
• Taxes are proportional in character, since
taxes are based on one’s ability to pay.
• Taxes are levied by authority of law.2
• Taxes are for the support of the
government and all its public needs.
LIFEBLOOD DOCTRINE
• The lifeblood theory constitutes the theory
of taxation, which provides that the
existence of government is a necessity;
that government cannot continue without
means to pay its expenses; and that for
these means it has a right to compel its
citizens and property within its limits to
contribute.
BRANCHES OF THE PHILIPPINE
GOVERNMENT
Executive Department (power of the
sword)
The executive power shall be vested in the
president of the Philippines (Section 1 Article VII,
1987 Constitution).
• Power of control over the executive
branch1
• Power ordinance power2 (Administrative
Code of 1987: issuances that President
can issue)
• Executive orders — Acts of the
President providing for rules of a
general or permanent character in
implementation or execution of
constitutional or statutory powers
shall be promulgated in executive
orders.
• Administrative orders — Acts of
the President which relate to
particular aspects of governmental
operations in pursuance of his
duties as the administrative head
shall be promulgated in
administrative orders.
• Proclamations — Acts of the
President fixing a date or declaring
a status or condition of public
moment or interest, upon the
existence of which the operation of
a specific law or regulation is made
to depend, shall be promulgated in
proclamations which shall have the
force of an executive order.
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 Cagayan State University
ANDREWS CAMPUS
WWW.CSU.EDU.PH
ASSOCIATION OF LEGAL MANAGEMENT STUDENTS
• Memorandum orders — Acts of
the President on matters of
administrative detail, or of
subordinate or temporary interest
which only concern a particular
officer or government office shall
be embodied in memorandum
orders.
• Memorandum circulars — Acts
of the President on matters
relating to internal administration,
which the President desires to
bring to the attention of all or
some of the departments,
agencies, bureaus, or offices of the
government, for information or
compliance, shall be embodied in
memorandum circulars.
• General or special orders —
Acts and commands of the
President in his capacity as
commander-in-chief of the Armed
Forces of the Philippines shall be
issued as general or special orders.
• Power over aliens3
• Powers of eminent domain, escheat, land
reservation and recovery of ill-gotten
wealth.4
• Power of appointment
• The President may appoint
officials of the Philippine
government as provided by the
constitution and laws of the
Philippines. Some of these
appointments, however, may need
the approval of the Committee on
Appointments (a committee
composed of members from the
House of Representatives and the
Senate of the Philippines).
• Power of general supervision over local
governments1
Qualifications:
• natural born Filipino;
• a registered voter;
• must be able to read and write;
• 40 years of age at the day of the election;
and
• must have resided in the Philippines ten
years before the election is held.
LINE OF SUCCESSION
• The constitution provides for a line of
succession in the event that the elected
President of the Philippines is not able to
discharge the duties of his office due to
death, disability, or resignation.
• Vice President — in cases of the
death, disability, or resignation of
the President
• Senate President — in cases of the
death, disability, or resignation of
the President and Vice President
• Speaker of the House of
Representatives — in cases of the
death, disability, or resignation of
the President, Vice President, and
Senate President
Legislative Branch (power of the purse)
• The legislative power shall be vested in
the Congress of the Philippines, which
shall consist of a Senate and a House of
Representatives, except to the extent
reserved to the people by provision of
initiative or referendum. (Section 1, Article
VI, 1987 Constitution)
• It is authorized to make laws, alter, and
repeal them through the power vested in
the Philippine Congress.
• The Legislative Branch enacts legislation,
confirms or rejects Presidential
appointments, and has the authority to
declare war.
• The Senate is composed of 24 Senators
who are elected at large by the qualified
voters of the Philippines.
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 Cagayan State University
ANDREWS CAMPUS
WWW.CSU.EDU.PH
ASSOCIATION OF LEGAL MANAGEMENT STUDENTS
• The House of Representatives is
composed of about 250 members elected
from legislative districts in the provinces,
cities, and municipalities, and
representatives elected through a party-
list system.1
POWER OF THE LEGISLATURE
• Make laws
• Amend laws
• Repeal laws
• Alter laws
The qualifications to become a senator, as
stipulated in the constitution, are:
• a natural-born citizen of the Philippines;
• at least thirty-five years old;
• is able to read and write
• a registered voter; and
• a resident of the Philippines for not less
than two years before election day.
The constitution provides for the following criteria
to become a member of the House of
Representatives:
• a natural-born citizen of the Philippines;
• at least twenty-five years old;
• is able to read and write; and
• except the party-list representatives, a
registered voter and a resident for at least
one year in the district where s/he shall be
elected.
Judicial Branch (bastion of rights and
liberties of the people) (Scale of Justice)
• The judicial power shall be vested in one
Supreme Court and in such lower courts
as may be established by law. (Section 1,
Article VIII, 1987 Constitution)
• This branch holds the power to settle
controversies involving rights that are
legally demandable and enforceable.
• determines whether or not there has been
a grave abuse of discretion amounting to
lack or excess of jurisdiction on the part
and instrumentality of the government.
• The judicial branch interprets the meaning
of laws, applies laws to individual cases,
and decides if laws violate the
Constitution.1
According to the 1987 Constitution, Article
VIII, Section 5, the Supreme Court
exercises the following powers:
• Exercise jurisdiction over cases affecting
ambassadors, other public ministers and
consuls, and over petitions for certiorari,
prohibition, mandamus, quo warranto,
and habeas corpus.
• Review, revise, reverse, modify, or affirm,
on appeal or certiorari, as the law or the
Rules of Court may provide, final
judgments and orders of the lower courts
• Assign temporarily judges of lower courts
to other stations as public interest may
require. Such temporary assignments shall
not exceed six months without the
consent of the judge concerned.
• Order a change of venue or place of trial
to avoid a miscarriage of justice.
In addition; The Constitution expressly
grants the Supreme Court the power of
Judicial Review
• the power to declare a treaty
• International or executive agreement
• law
• presidential decree
• proclamation
• order
• instruction
• ordinance or regulation unconstitutional.
Each branch of government can change
acts of the other branches as follows:
• The President can veto1 laws passed by
Congress.
• Congress confirms or rejects the
President's appointments and can remove
the President from office in exceptional
circumstances.
• The Justices of the Supreme Court, who
can overturn unconstitutional laws, are
appointed by the President.
Sources of Law - The main sources of
Philippine law are:
The Philippine Constitution
Every state has had a constitution of some kind
whether it be an elaborate document or just a
collection of rules. It is inconceivable how a state
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 Cagayan State University
ANDREWS CAMPUS
WWW.CSU.EDU.PH
ASSOCIATION OF LEGAL MANAGEMENT STUDENTS

could exist or survive without a constitution of

some form.
The foundation of the system of government of
the Philippines is the constitution.

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