POWER OF EXPROPRIATION

To expropriate is to take away the property of another and transfer it to one's self. In the same manner that the government may take away one's private property to be used for public use upon payment of just compensation.

This power to expropriate is lodged primarily in the national legislature, although its exercise may also be delegated to other governmental agencies including quasi-public corporations serving essential public needs or utilities.

To consider the power of expropriation as valid, the following conditions must be met:

• the property subject for expropriation must be a private property
• the property subject for expropriation must be used for public purpose
• the owner of the property subject for expropriation must be paid just compensation

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POWER OF TAXATION

Taxes are the proportionate contribution from persons and property, imposed by the State by virtue of its sovereignty, for the support of government and for all public needs.

Taxes are the lifeblood of the government. Without which, no government can function. The power to tax is so important that the people must share in the expenses to be incurred by the government in protecting them and extending them benefits in the form of public projects and services.

The power of taxation is inherently vested in the national legislature although the local legislative bodies can already exercise said power. Example of this is the levying of loca tax in cinemas.

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POWER OF APPROPRIATION

With the Constitutional provision that no money shall be paid out of the pocket of the State except in pursuance of an appropriation made by law, comes the appropriation power of the legislative body. This appropriations power likewise gives the legislative body the title that it holds the power of the purse.

Definition.
An appropriation law is a statute in which the specific and primary function is to authorize the release of public funds from the treasury. A public works act and the yearly general appropriations act are examples of appropriation measures.

Classification.
Appropriation measures are classified into two: general and specific. A general appropriations law is passed annually to provide for the financial operations of the whole government during one fiscal period. On the other hand, a special appropriation law is only for a specific purpose, such as construction of a national highway.

Implied Limitations.
An appropriation law in order to be valid must be devoted for public purpose. No public money shall be spent for private gains only. For example, an appropriation for the construction of roads inside a private subdivision is not allowed. (Pascual vs. Secretary of Public Works and Communications).

Another requirement of a valid appropriation is that the sum authorized to be released must be determinate or at least determinable. Otherwise, the national treasurer will have no guide or worse, will have unlimited discretion in the release of public funds. Ideally, the law must appropriate a fixed amount, but it is sufficient if only the maximum is indicated. But where the minimum rather than the maximum is specified, as where there is an appropriation of "not less than one million pesos", the measure is invalid for lack of certainty. Here the national treasurer is in effect authorized to release from the treasury any amount in excess of one million pesos. (Cruz, 2002).

Constitutional Limitations.
The following are limitations set forth in the Constitution:

1. All appropriations bill shall originate from the House of Representatives.
2. Discretionary funds appropriated for particular officials shall be disbursed only for public purpose to be supported by appropriate vouchers and subject to guidelines as may be prescribed by law.
3. Special appropriations bill shall specify the purpose for which it is intended and shall be supported by funds actually available as certified by the National Treasurer, or to be raised by a corresponding revenue proposal included therein.
4. The Congress shall not increase the general appropriations recommended by the President. Form, content and manner of preparation of the budget shall be prescribed by law. 
5. No "riders" or irrelevant provisions shall be included in the general appropriations bill. 
6. The procedure in approving the appropriations for the Congress shall strictly follow the same procedure for approving appropriations for other departments and agencies. 
7. Transfer of appropriations shall not be allowed but the President, Senate President, Speaker of the House of Representatives, Chief Justice and heads of Constitutional Commissions may be authorized to augment any item in the general appropriations law for their respective agencies from savings in other items of their respective appropriations.
8. Prohibition against the use of public funds or property for sectarian purposes.
9. Old general appropriations act is deemed re-enacted if the Congress fails to pass a new general appropriations bill.
10. All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only.

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LEGISLATIVE POWER

Legislative power is the lawmaking power, the framing and enactment of laws. This starts from the time the law is introduced by a lawmaker and effected through the adoption of a bill which once approved becomes a statute or a law. A statute is the written will of the legislature, solemnly expressed according to the forms necessary to constitute it the law of the state. (Black, 1951).

The power to make laws includes the power to alter and repeal them. Thus, only the Congress can alter and repeal laws and not in anyway the other branches of government as enunciated in the case of Gonzales vs. Hechanova (9 SCRA 230).