Questions and Answers
What does due process of law require before imposing a burden?
Which of the following is NOT a specific function of government?
What defines the local government in the context of governance?
In an absolute monarchy, how does one typically acquire power?
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What is one requirement for tax rates according to the principle of equal protection of the laws?
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What is the minimum requirement for the exercise of the power of eminent domain?
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Which of the following best describes 'just compensation' in the context of eminent domain?
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What does the term 'public use' imply when discussing the power of eminent domain?
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Which characteristic does NOT accurately define the power of taxation?
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In relation to eminent domain, which of the following is an aspect of 'due process of law'?
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Study Notes
Powers of Government
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Congress, the President, administrative bodies, and local government units exercise governmental powers.
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Power of Eminent Domain: Allows the state to take private property for public use, with compensation to the owner.
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Key requisites for eminent domain:
- Necessity for public use, addressing immediate societal needs.
- Recognition of private property, applicable to all forms of property.
- Definition of taking, including dispossession, trespass, or impairment of property's value.
- Public use must benefit the majority of people.
- Just compensation equates to fair market value, accounting for consequential damages and benefits.
- Due process involves notifying owners and the right to appeal property assessments.
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Power of Taxation: Enables the state to impose charges for government operations.
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Exercises by Congress and local governments, can be delegated to other administrative bodies.
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Key requisites for taxation:
- Due process, including notice and hearings before imposing taxes.
- Equal protection, ensuring fair and uniform tax rates.
- Proceeds are dedicated to government projects benefiting constituents.
Definition and Functions of Government
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Government comprises entities making, enforcing, and implementing political decisions.
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Includes national, local governments, and government-controlled corporations.
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Central duty is to serve and protect the populace (Article II, Section 4).
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Specific functions:
- Provides essential services like infrastructure, healthcare, and disaster relief.
- Establishes laws to protect life, liberty, and property rights.
- Manages natural resources and regulates businesses.
- Engages in foreign relations and enters treaties with other states.
Divisions and Forms of Government
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National Government: Central authority distinct from local governments.
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Local Government: Political subdivisions recognized by the constitution.
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Forms of government:
- Autocracy: Rule by a single person, examples include absolute monarchy and totalitarian dictatorship.
- Oligarchy: Governance by a small privileged group, including aristocracy, military junta, and communist totalitarianism.
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Democracy: Power resides with the people, can be direct (citizen participation) or indirect (elected representatives).
- Direct, Indirect, Presidential, Parliamentary democracies explained.
- Constitutional Monarchy: Monarch shares power with elected officials.
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De Jure vs. De Facto Government:
- De Jure: Established according to constitutional law.
- De Facto: Operates without constitutional legitimacy, often through force.
Key Principles of Philippine Government
- Democratic Nature: Sovereign power lies with the people, emphasizing majority rule.
- Republican Structure: Citizens elect representatives to convey their decisions in government.
- Presidential Form: President serves as both head of state and government, elected by popular vote.
Core Principles in Governance
- Separation of Powers: Distinct authority for legislative, executive, and judicial branches.
- Checks and Balances: Prevent concentration of power within a single branch.
- Blending of Powers: Collaborative functions between branches, as seen in law-making processes.
Understanding Sovereignty
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Sovereignty: The ultimate authority of a political unit to govern itself; defined by Jean Bodin and Blackstone.
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Types of Sovereignty:
- Legal Sovereignty: Authority expressed in the constitution and laws.
- Political Sovereignty: Power vested in the electorate through elections.
- Internal Sovereignty: Law-making capacity within the territory.
- External Sovereignty: Recognition of territorial jurisdiction internationally.
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Characteristics of Sovereignty:
- Permanence: Exists as long as the state does.
- Absolute: Not subject to external control or restrictions.
- Comprehensive: Authority over all inhabitants within the territory.
- Indivisible: Monopoly of power, though it may be delegated.
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Sovereignty implies independence, highlighting the autonomous authority of the state.
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Description
This quiz explores the power of eminent domain as exercised by various governmental bodies, including Congress and local government units. It outlines the essential requisites for this power, emphasizing the importance of lawful subjects and means. Test your understanding of these legal principles and their implications for public interest.
