RATED A+ | 2026 | NEW
Inherent powers of the State
1. Taxa on
2. Power of Eminent Domain
3. Police Power
Similari es among the 3 powers LEIII
1. legisla ve
2. equivaleny compensa on
3. inherent
4. independent of cons
5. interferes with private rights and property
TAXATION
act of laying a tax
Purpose
Primary: to raise revenue for govt needs
Secondary: (1) compensatory purpose (reduce inequali es of wealth; maintain high
employment; control infla on)
(2) sumptuary or regulatory purpose (to implement police power)
Theory of Taxa on - Necessity Theory
cannot con nue without means to pay its expenses thus have rights to compel all its ci zens
and property within its limits to contribute
Basis of Taxa on - Benefits Received Theory
reciprocal du es of protec on and support bet the state and its inhabitants
!!!Doctrine of Symbio c Rela onship - taxes are what we pay for civilized community
Lifeblood theory
, 1. impose tax even w/o cons
2. right to select objects of taxa on
3. no injunc on to enjoin tax collec on
Scope of Taxa on CUPS
comprehensive
unlimited
plenary
supreme
!!! subj to inherent and cons limita ons
Characteris c of Taxa on
1. Inherent - maybe excercised even without cons grants
2. legisla ve - only legisla ve can impose taxes
Processes embodies in Taxa on
Levying - imposi on of tax (legisla ve)
Assessment and collec on - administra ve (execu ve)
Basic Principles of a sound tax system
1. Fiscal Adequacy - sources of revenue should be sufficient
2. Theore cal Jus ce/ Equality - propor onate to ability to pay
3. Administra ve Feasibility - capable of convenient just and effec ve administra on
As to purpose
T support of govt
PP general welfare
ED public purpose
as to authority who exercise power
T govt
PP govt
ED govt and public u li es
as to persons affected
T community
PP community
ED individual