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Unformatted text preview: ces which each can demand of the other immediate political responsibility. In the hands of the legislature is the vote of non‐confidence (censure) whereby government may be ousted. In the hands of the government is the power to dissolve the legislature and call for new elections. Q: What are the functions of the Government? A: 1. 2. Constituent – mandatory for the government to perform because they constitute the very bonds of society. Ministrant – intended to promote the welfare, progress and prosperity of the people. Note: Distinction of function is no longer relevant because the Constitution obligates the State to promote social justice and has repudiated the laissez faire policy (ACCFA v. Federation of Labor Unions, G.R. No. L‐221484, Nov. 29, 1969). However, in Shipside Incorporated v. CA (G.R. No. 143377, Feb. 20, 2001), the nature of the function of the BCDA was a factor to determine the locus standi of the Government. Q: Does the Bases Conversion Development Authority (BCDA) exercise constituent or ministrant function? Q: What are the classifications of government on the basis of legitimacy? A: 1. De jure government. A government truly and lawfully established by the Constitution of a State but which having been in the meantime displaced is actually cut off from power or control. 2. De facto government. A government of fact; one actually exercising power and control in the State as opposed to the true and lawful government. Q: What are the kinds of a de facto government? A: 1. De facto proper – government that gets possession and control of, or usurps, by force or by the voice of the majority, the rightful legal government and maintains itself against the will of the latter; 2. Government of paramount force – established and maintained by military forces who invade and occupy a territory of the enemy in the course of war; and 3. Independent government – established by the inhabitants of the country who rise in insurrection against the parent State. (Kop Kim...
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