Professional Documents
Culture Documents
Forms of Government
1. According to the number of people exercising political power: Monarchy,
Oligarchy, Democracy
a. Monarchy - ruled by a monarch (king, queen, emperor, etc.)
Absolute monarchy - the ruler has absolute power/one in which the ruler rules by
divine right
Limited or constitutional monarchy one in which the ruler rules in accordance with
the constitution
- the monarch is the symbolic head of state within the perimeters of a constitution.
b. Oligarchy - political power is exercised by a few who belongs to a privileged class.
c. Democracy - political power is exercised by the majority of the people
Direct democracy - the will of the estate is formulated or expressed directly or
immediately through the people in a mass meeting or assembly.
POLICE POWER
It is the sovereign power to promote and protect the general welfare. It is the most
pervasive and the least limitable of the three powers of the state, the most
essential, consistent and illimitable which enables the State to prohibit all hurtful
things to the comfort, safety and welfare of the society.
It also refers to the power vested in the legislature by the Constitution to make,
ordain, establish all manner of wholesome and reasonable laws, statutes, or
ordinances, either with penalties, or without, nor repugnant to the constitution, as
they shall be judge to be for the good and welfare of the state and the subjects.
What is the basis of the exercise of the police power of the state?
The exercise of police power is founded on the basic principles of salus populi
est suprema lex (the welfare of the people is the supreme law) and sic utere tu et
alienum non laedas (so use your property so as not to impair another)
Who has the ultimate power to determine the necessity and the means of
exercising the police power of the state?
Congress has the ultimate power, because it is the judge of necessity,
adequacy, reasonableness and wisdom of any law. The congress is the
constitutional repository of police power and exercise the prerogative of
determining the policy of the state.
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The Congress
2.
The President
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The following essential requisites must concur before an LGU can exercise the
power of eminent domain:
1.
An ordinance is enacted by the local legislative council authorizing the local
chief executive to exercise the power of eminent domain;
2.
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4.
A valid and definite offer has been previously made to the owner of the
property south to be expropriated.
Taking may not only include the import of a physical possession of the owner, as
when he is ousted from his land or relieved of his watch or car but also covers
trespass without actual eviction of the owner, material impairment of the value of
the property or prevention of the ordinary uses for which the property was
intended.
Where government planes fly over private property at such a low altitude as
to practically touch the tops of the trees.
Answer: No, the demolition of the building is done in the exercise of police power. It
is intended to further the interest of the public as the structure is susceptible to
harm the public, in case it collapses. Hence, the owner is not entitled to
compensation.
Answer: No, although there was taking of private property for public use,
nevertheless, it was done without payment of just compensation. Hence, it violates
the principles governing eminent domain. The taking of property under the police
power is sought to be destroyed.
Just compensation is the full and fair equivalent of the property taken from the
private owner by the expropriator. The measure of this compensation is not the
takers gain but the owners loss.
POWER OF TAXATION
It is the inherent power of the state to raise revenues to defray the expenses of
the government or for any public purpose. This can be done through the imposition
of burdens or imposition on persons, properties, services, occupations or
transactions.
It is the Congress who exercises the plenary power to tax. However, it may be
delegated by congress to local government units under such terms and conditions
as may prescribed by law.
Public purpose;
2.
Territoriality;
3.
Uniformity;
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In the assessment and collection of certain kinds of taxes, notice and
opportunity for hearing must be provided.