ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES

Question 1

T or F
Article II of the 1987 Constitution has 29 sections and is divided into two:
a. Declaration of Principles (Sec 1-7)
b. Declaration of State Policies (Sec 8-29)

Answer 1

False.
Article II of the 1987 Constitution has 28 sections and is divided into two:
a. Declaration of Principles (Sec 1-6)
b. Declaration of State Policies (Sec 7-28)

Question 2

T or F

Article II is a source of enforceable rights.

Answer 2

False. It only contains general ideological principles and policies.

Question 3

T or F

The principles in Article II are self-executing.

Answer 3

False. Non-self executing.

Question 4

Explain the essence of Republicanism.

Answer 4

The essence of republicanism is representation and renovation, the selection of citizenry of a corps of public functionaries who derive their mandate from the people and act on their behalf serving for a limited period only, after which they are replaced or retained at the option of their principal.

Question 5

What are the elements of a State?

Answer 5

1. People
2. Territory
3. Sovereignty
4. Government

Question 6

What is the Montevideo Convention?

Answer 6

The Montevideo Convention established the standard definition of a state under international law. The convention stipulated that all states were equal sovereign units consisting of

1. ) a permanent population (PEOPLE),
2. ) defined territorial boundaries (TERRITORY)
3. ) a GOVERNMENT
4. ) ability to enter into agreements with other states. (SOVEREIGNTY)

Among the convention’s provisions were that signatories would not intervene in the domestic or foreign affairs of another state, that they would not recognize territorial gains made by force, and that all disputes should be settled peacefully.

Question 7

What are the traditional functions of a government?

Answer 7

1. Keeping of order and providing protection of persons and property
2. Fixing of legal relations between man and wife and children and parents
3. Regulation of the holding, transmission and interchange of property and determination of its liabilities for debt or for crime.
4. The determination of contract rights between individuals
5. Definition and punishment of a crime
6. Administration of justice in civil cases
7. Determination of political duties, privileges, and relations of citizens
8. Dealings of the state with foreign powers
9. Preservation of the state from external danger or encroachment and the advancement of international interest

Question 8

What are the Ministrant functions of a government?

Answer 8

1. Those undertaken to advance the general interests of the society, such as
   a. Public works
   b. Charity
   c. Regulation of trade and industry

Question 9

What is a de jure government?

Answer 9

A government that HAS RIGHTFUL TITLE BUT NO POWER OR CONTROL, either because this has been withdrawn from it because it has not yet actually entered into the exercise thereof.

Question 10

What is a de facto government?

Answer 10

A government of fact, it actually exercises power or control BUT WITHOUT LEGAL TITLE. It has several classifications:

1. That which takes possession or control of or usurps by force or by the voice of majority, the rightful legal movement and maintains itself against the will of the latter.
2. That which is established by an invading force who occupies a territory in the course of war.
3. That established as an independent government by the inhabitants of a country WHO RISE IN INSURRECTION against the state.

Question 11

What is the doctrine of separation of powers?

Answer 11

Under our Constitution, it states that there must be EXCLUSIVE COGNIZANCE OF MATTERS WITHIN ITS JURISDICTION, AND THERE IS SEPARATION BETWEEN JUDICIAL, LEGISLATIVE AND EXECUTIVE DEPARTMENTS, to avoid concentration of powers.

Question 12

What is the Principle of Checks and Balances?

Answer 12

This means that the three branches of government vis-a-vis each other, follow the rule of trust the two, but trust no one absolutely.

Question 13

The Philippines became a member of the UN on?

Answer 13

October 24, 1945

Question 14

What is the only instance wherein the Philippines may wage war?

Answer 14

Defensive war, only when the Philippines is attacked.

Question 15

Under our constitution, an international law can become part of the sphere of domestic law through?

Answer 15

Either:

1. Transformation - international law is transformed into domestic law through local legislation (eg: treaties)
2. Incorporation - through constitutional declaration, international law is deemed to have the force of domestic law

Question 16

How is a treaty made effective and part of the law of the land?

Answer 16

It shall be valid and effective when it is concurred to BY AT LEAST 2/3 OF ALL MEMBERS OF THE SENATE.

Question 17

Explain the Civilian Supremacy Clause.

Answer 17

It states that the civilian authority is at all times superior over the military. It is rooted from:

a. Disapproval of military abuse
b. Guardianship of state sovereignty

It also states that the CIVILIAN PRESIDENT is the SUPREME MILITARY LEADER.

Question 18

T or F
The government shall call upon the people to defend the State, and in fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal, civil, or military service.

Answer 18

False. The government MAY.

Question 19

What are the 3 pillars of Philippine Foreign Policy?

Answer 19

1. Preservation and enhancement of national security
2. Promotion and attainment of economic security
3. Protection of the rights and promotion of the welfare and interest of Filipinos overseas.

Question 20

What is Social Justice?

Answer 20

Social Justice is the PROMOTION OF HUMAN WELFARE, and the humanization of laws and equalization of social and economic forces by the State so that justice in its rational and objectively secular conception may at least be approximated.

Question 21

Civilian Supremacy Clause is found in?

Answer 21

Article 2 Section 3 of the Constitution.

Question 22

T or F
The system of checks and balances operates when:

a. The President nullifies a conviction in a criminal case by pardoning the offender
b. Congress increases the budget proposal of the President
c. The President does not release the countryside development funds to members of the Congress
d. Congress expands the appellate jurisdiction of the Supreme Court as defined in the Constitution

Answer 22

A.

Question 23

Which of the following best exemplifies how the system of checks and balances is carried out?

a. the legislature passes a law that prohibits the president from commuting a judiciary imposed sentence as a check on the president
b. the President pardons a convict as a way to set aside or modify a judgment of the judiciary
c. the judiciary overturns a pardon granted by the President as a check on executions
d. The President pardons an accused after arraignment in the interest of justice.

Answer 23

A

Question 24

T or F

A civilian President is the ceremonial, legal and administrative head of the armed forces.

Answer 24

True.

Question 25

T or F

The President is required to possess military training and talents as Commander-in-Chief.

Answer 25

False, not required.

Question 26

T or F

The President is normally expected to delegate actual command of the armed forces, but the ultimate power is his.

Answer 26

True.

Question 27

What is the prime duty of the government?

Answer 27

To serve and protect the people.

Question 28

In the State’s independent foreign policy, what are its paramount consideration in its relation with other states?

Answer 28

1. National Sovereignty
2. Territorial Integrity
3. National Interest
4. Right to self-determination

Question 29

What does salus populi est suprema lex mean?

Answer 29

It means that “The welfare of the people is the supreme law”

Question 30

When does conception take place?

Answer 30

Upon formation of a zygote, therefore upon fertilization (Imbong v Ochoa)

Life begins at fertilization, not implantation.

Question 31

T or F
The right and duty of parents to rear their children, being a natural and primary right connotes the parents’ superior right over the State in the upbringing of their children.

Answer 31

True. (SPARK v Quezon City & Pimentel vs LEB)

Question 32

T or F
As parens patriae, the State has the inherent right and duty to aid parents in the moral development of their children, and thus, assumes a primary role for parents to fulfill their parental obligations.

Answer 32

False, supporting role.

Question 33

What is the Writ of Kalikasan?

Answer 33

It is a special civil action and conceptualized as an extraordinary remedy that covers environmental damage of such magnitude that will prejudice the life, health, or property of inhabitants IN TWO OR MORE CITES OR PROVINCES. (LNL vs Agham)

Question 34

What is the principle of subsidiarity?

Answer 34

It states that the government should not engage in business activities which can be competently and efficiently undertaken by the private sector.

Question 35

What is the definition of “Declaration of Principles and State Policies”?

Answer 35

These are statements of the basic ideological principles and policies that underlie the Constitution. The provisions shed light on the meaning of the other provisions of the Constitution and they are a guide for all departments for the government in the implementation of the Constitution.

Question 36

Differentiate principle and policy.

Answer 36

Principle - binding rules which must be observed in the conduct of government

Policy - guidelines for the orientation of the State.

Question 37

T or F

The state has the superior right over parents in rearing children.

Answer 37

False.

Question 38

T or F

All governmental authority emanates from the people.

Answer 38

True.

Question 39

T or F

The non-impairment clause does not yield to the police power of the State.

Answer 39

False. (Oposa vs Factoran, in relation to the TLA’s cancellation)

Question 40

T or F

The equal access provision under the Bill of Rights is a source of a judicially enforceable right.

Answer 40

False. (dude bro ely pamatong vs COMELEC)

Question 41

What is the Doctrine of Benevolent Neutrality?

Answer 41

It is a concept which believes that with respect to the governmental actions, accommodation of religion may be allowed, not to promote the government’s favored form of religion, but to allow individuals and groups to exercise their religion without hindrance.