Order 26 – Nationwide Smoking Ban, R.A. THE LAWS THAT REVOLVE AROUND TAXATION 650 – An act to regulate imports and for R.A. 8424 – Tax Reform Act of 1997 (MAIN LAW) other purposes, etc.) R.A. 10963 – Tax Reform for Acceleration and Inclusion (TRAIN) (REVISED LAW) EMINENT DOMAIN 1. https://www.pna.gov.ph/articles/1063174 INHERENT POWERS OF THE STATE 2. https://lawphil.net/judjuris/juri1919/oct191 9/gr_l-14355_1919.html (City of Manila v. INHERENT POWERS - When a Sovereign State is Chinese Community of Manila) born, it automatically has indispensable powers 3. https://www.chanrobles.com/scdecisions/ju needed for its survival. risprudence2005/oct2005/164282.php Inherent powers are innate in order for government (Yujuico v. Atienza) to command, maintain peace and order, survive REGARDLESS of any constitutional provision 1. Taxation – Power by which the sovereign THE GOVERNMENT AND ITS THREE BRANCHES raises revenue to defray needed expenses of government Philippines is a republic with a presidential form 2. Police power – Power of the sovereign to of government wherein power is equally divided promote public welfare by restraining and among its three branches: Executive, Legislative, regulating the use of liberty and property Judiciary 3. Eminent Domain – Power of the sovereign to appropriate private property to particular 1. Legislative – Is the Congress that is use to promote public welfare divided into the Senate and House of EXAMPLES OF INHERENT POWERS: Representatives.
TAXATION – Senators and Representatives make, or
1. LJ buys a bottle of Milktea in 7/11. The alter, or repeal laws. Milktea automatically has VAT (Value Added Tax) 2. Executive – Is the President, the Vice 2. Nikita donates a parcel of land to her son. President, the Cabinet. (Donor’s Tax) 3. Amiel is a school teacher who wages PHP They carry out laws, execute them, 20,000.00, 6,400.00 or 32% of the his salary enforces them. will be removed for taxes (Income Tax) 4. Lorenzo is a smoker who bought a pack of 3. Judiciary – Is the Supreme Court and cigarettes for PHP60.00, he later quits for Lower Courts. three years. In 2023, he bought the same pack of cigarettes but noticed it is now The Court Justices and Judges settle PHP75 (Excise tax) controversies involving rights that are POLICE POWER – demandable and enforceable. They 1. BASIALLY ALL LAWS WITH THE PURPOSE TO determine/evaluate what is RESTRAIN OR REGULATE FOR THE constitutional or not. INTENTION TO PROMOTE PUBLIC WELFARE EXAMPLES OF THE WORKS OF THE THREE BRANCHES abuse of authority and power, and the unfair or improper legal action (LEGAL ABUSE) LEGISLATIVE – 1. Senator Risa Hontiveros on passing the EXAMPLES “Expanded Maternity Leave Law” 1. The Department of Health, and its corporation 2. Congressman Bong Bravo introducing the PhilHealth has been proven to have corruption Anti-Terror Bill (Kung DDS ka lumayas ka within its members. The Judiciary may declare dito) its members or the chief to be unconstitutional. EXECUTIVE – 2. If deemed that the president cannot fulfil his 1. Duterte signing the Anti-Terror Bill presidential duties, or may so his actions be 2. DOH Secretary Duque creating poor unconstitutional like letting Chinese migrants go decisions in the high cases of COVID-19 inside the country, assisting Chinese people in 3. Presidential Spokesperson Harry Roque POGO, executing Extra Judicial Killings, explaining the incompetency of the duterte bypassing the mass gathering of Police Major administration. Sinas, and basically having poor strategic JUDICIARY – planning on the COVID-19 Situation – the 1. The Supreme Court evaluating the Anti- Legislative Branch may impeach the president. Terror Bill if its unconstitutional (obviously 3. President Duterte replacing Supreme Court yes) Justice Sereno because of alleged failure to file 2. Falcis III v. Civil Registrar-General (2019), Assets and Liabilities. petition to recognize same-sex marriage in the Philippines 3. Republic v. Sereno (2018), removal of an impeachable official via quo warranto petition.
SYSTEM OF CHECKS AND BALANCES
The three branches check each other in order to
promote equality and promote public welfare. The system of checks and balances protects the constitution and its people, and prevents the acts of corruption,