CHAPTER II – THE PHILIPPINE GOVERNMENT

Overview

This chapter introduces to the students the abstract concepts and principles observed in the
operation of a republican government. The doctrines applied and the interdependence of the three
branches of government. Included in the discussion are the powers of state as distinguished from
the powers of government.

Learning Objectives:

At the end of the unit, I am able to:

1. the doctrine of separation of powers;
2. mechanism for the operation of government;
3. the three important organs of the government;
4. the principle of delegation of power as a doctrine in government;
5. three innate powers of state necessary to protect and promote the common good;
6. duties of the chief executive;
7. powers of the legislative department;
8. and understand the role of United Nations in the international community.

Lecture Proper
The doctrine of Separation of Powers

Separation of Powers doctrine means that powers of state are distributed among different
branches of government, and in the exercise of those powers, encroachment of another branch is
not allowed. The government has three great departments: legislative, executive, and judicial. This
doctrine is essential to the operation of government because it guides the government on the limits
of powers the constitution granted to the different governmental bodies.
The executive power is granted to the chief executive of the Philippines. Powers pertain to
the authority of the President to issue orders, not contrary to law, different agencies of the
government for the purpose of implementing the law and the Constitution. The Congress of the
Philippines is holding the legislative power of the government. This power involves the authority to
make laws, alter and repeal them. The third power is exercised by the judicial department; it is
simply the power of the court to interpret the meaning of laws passed upon by Congress, and the
intents and spirits of the law for the purpose of resolving legal controversy between parties. There
are two ways of exercising judicial power, one is the power to exercise to declare the action of
Congress of Malacanang, an abuse of discretion, and the other is when the members of the court
seat to settle legal and actual controversy arising from violation of rights of parties.

The Principle of Checks and Balances

 Checks and balances principle is intended to secure coordination in the operations of the
different organs of the government. The Constitution provides an elaborate system of checks and
balances to promote responsible exercise of powers of each branch. Since each branch is
considered supreme and is given the prerogative to decide on matters within its own competence
and constitutional mandate, encroachment of the other branch is frowned upon but is necessary to
prevent abuse in the exercise of its discretion.
The judiciary has the mandate to be the “checking and balancing department” by the use of
its judicial power, it can “declare” as invalid (check) the actions of the executive and legislative
departments.
According to Gonzales, the principle of checks and balances aims at meeting the following purposes:
a.) To prevent intrusion of power, thus preserving the will of the sovereign expressed in the
constitution and;
b.) To restrain impulsion, hasty and improvident action of one branch, except where full
discretionary authority is delegated to it by the Constitution.

The Doctrine of Delegation of Power

The three branches of government are delegated with powers exclusive and separate from
each other. Such delegated power to a branch of government cannot be delegated to another. The
principle of non-delegation of governmental powers is based upon the ethical ground that a
delegated power is not only a right but a duty to be performed by the delegate by the
instrumentality upon the matter of legislation and not through the intervening mind of another.
Fundamental Powers of State and Government and their limitations
The three inherent powers of the state are the police power, power of eminent domain and
power of taxation. Without the exercise of these powers no state can ever exist and survive:
A. Police Power – It is vested power of the legislature from the constitution to make, proclaim
establish all manner of good and reasonable laws, statutes or ordinances either with fines or
without nor offensive to the constitution as they shall judge to be for good and welfare of the state
and the subjects.

Constitutional Limitations on the Exercise of Police Powers

Substantive Due Process – test to determine whether or not the exercise of police
power is repugnant to the due process clause.
Lawful Means – the means employed in the exercise of police power must be
reasonably necessary for the accomplishment of the purpose and not unduly
oppressive on individuals, example of this on which a property owner questions the
validity of an ordinance requiring property owners who would erect a building on
their property “to abut or face a public street or alley.”
Lawful subject – The interest of the public in general as distinguished from those of a
particular class, requires the exercise of police power. This case involves the
prohibition and penalizing the slaughter of large cattle “fit for agricultural work and
 draft purposes” which the court finds that it is a reasonably necessary as a limitation
on private ownership to protect the community from the loss of services of such
animals.
B. Power of Eminent Domain – it is the power of the state to take private property for public
use after payment of just compensation. The limitation on the exercise of this power is found under
Section 9, Article II which states that “no person may be deprived of his private property without
due process of law.”

C. Power of Taxation – is the intrinsic intensity of the sovereign practiced through the
assembly, to impose burdens upon subjects and objects inside its purview to raise incomes to do
the authentic objects of government.

Theories and Basis of Power of Taxation

1. Necessity theory – taxation is necessary for the existence of the government. It needs money
to continue its operation, hence, all citizens within the jurisdiction of the taxing authority
must pay their share to shoulder the expenses for maintaining the operation of government.
2. Lifeblood theory – The government has its lifeblood in the form of taxes. We are paying taxes
as a form of payment for living a civilized society.

3. Benefit Received theory – taxes are paid to the government for the benefit we receive from it.
That the government provides support and protection while the citizens are bound to pay
taxes.

Inherent Limitations
a. Public Purpose – all the exercise of power to tax must have for their object the intention to
use it for common good and for public welfare.
b. Non-Delegability – the Congress cannot pass onto the other government branches or
instrumentality the duty to make tax laws except when allowed by law or the Philippine
Constitution.

There are exceptions to the above general rule some are the following:

1. Delegation to local government units

2. Delegation to the President on tariff rates
3. Delegation to administrative agencies

c. Exception of Government agencies – immunity from taxation is necessary in order not to

impede the government operation
d. International Comity – this is based upon sovereign equality of state. When one state enters
into the territory of another state there is an implied rule that the entering state does not
want to denigrate its dignity by placing itself under the sovereign power of the host state.

Constitutional Limitations
1. Due Process of Law
2. Equal protection of the laws
3. Role of uniformity and equality
4. Prohibition against impairment of Obligation of Contracts
5. Non-imprisonment for non-payment of poll tax
6. Prohibition against taxation of real property used for religious charitable institutions
7. Prohibition on taxation of non-stock non-profit educational institutions
8. Limitations on the appropriation of profits of tax
9. Non Infringement of press freedom
10. The grant of Exemption
11. Grant of Franchise
12. Veto Power of the President
13. The jurisdiction of the Supreme Court is not impaired
14. Revenue bills must originate exclusively from the House of Representatives