CONSTI Chapter 1-3

Question 1

Every citizen, regardless of calling, should understand the mechanics and motivations of his government. Why?

Chapter 1

Answer 1

Sovereinty resides in the people and all government autority emanates from them.

Question 2

Treaty of Paris

Answer 2

Provided for the cession of the Philippine Islands by Spain to the Unided States.

Question 3

The First Philippine Commission, otherwise known as the First Philippine Commission, to make a fact-finding survey of the Philippine Islands and submit appropriate recommendations tot eh U.S Congress.

Answer 3

Schurman Commission

Question 4

Second Philippine Commission,Which took over all the legislative powers and some of the executive and judicial powers of the military governor

Answer 4

Taft Commission

Question 5

The firs governor

Answer 5

William Howard Taft

Question 6

The Philippine Autonomy Act, Philippine Legislature consisting of a Senate and a House of Representatives.

Answer 6

Jones Law continued until 1935. Quezon and Sergio Osmena were elected President and Speaker, respectively.

Question 7

Authorized the establishment of the Commonwealth of the Philippines. Promised independence to the Filipinos if they could prove their capacity for democratice government during a ten-year transition period.

Answer 7

Tydings-Mcduffie

Question 8

Second Republic of the Philippines headed by ________ during the Japanese occupation of our country.

Answer 8

President Jose P. Laurel

Question 9

Unites State formally withdrew it sovereignty over the Philippines. ____________Asserted the freedom of the Filipino people and proclaimed the Republic of the Philippines?

Answer 9

President Manuel A. Roxas

Question 10

The essential elements of a State are:

Answer 10

People, Territory, Government and Sovereignty

Question 11

The new Constitution consists of _ articles

Answer 11

18

Question 12

Difference of nation and State

Answer 12

The term nation, strictly speaking as evidenced of birth or origin and implies a common race. The State is a legal concept, while the nation is only a racial or ethnic concept.

Question 13

State distinguished from the government.

Answer 13

The government is only an element of the State. The State is the principal , the government its agent.

Question 14

What is Archipelago Doctrine

Answer 14

Underwhich we connect the outermost points of our archipelago with straight baselines and consider all the waters enclosed thereby as internal waters

Question 15

These considerations led the Supreme Court to describe the relationship of the Central Government or the Republic of the Philippines and the BJE under the Proposed Agreement as ______

Answer 15

Associative - characterized by shared authority and responsibility, stressing that in international practice, the associative state’ arrangement has usually been used as a transitional device of former colonies on their way to full independence.

Question 16

The components of Territory are

Answer 16

Land mass (Terrestial domain)
The inland and external waters (Maritime and Fluvial domain)
Air space (Arial domain)

Question 17

Magallona Case

Answer 17

UNLOS III has nothing to do with the acquisition or loss of territory. It is a multilateral treaty regulating ,among others, sea-use rights over maritime zones.

12 nautical miles from the baselines ( Territorial waters)
24 nautical miles ( Contigous zone)
200 nautical miles ( Exlusive Economic zone)

Question 18

Under traditional international law, states acquire or lose territory through

Answer 18

Occupation, accretion, cession and prescription not by executing multilateral treaties on the regulatios of sea-use rights or enacting clause to comply with the treaty’s terms to delimit maritime zones and continental shelves

Question 19

The government performs two kinds of functions

Answer 19

Constituent (compulsary) and the Ministrant (optional)

Question 20

Jure Imperii and Jure gestionis

Answer 20

Jure Imperii - The application of the doctrine of immunity from suit has been restricted to sovereign or governmental activities

Jure Gestionis - The mantle of the state immunity cannot be extended to Commercial, Private, and Proprietary acts.

Question 21

Restrictive Theory

Answer 21

Jure Imperii

Question 22

Explanation of Jure Gestionis

Answer 22

A state may be said to have descended to the level of an individual and thus can be deemed to have tacitly given its consent to be sued only when it enters into business contracts. It does not apply where the contract relates to the exercise of its sovereign functions.

Question 23

Immunity from suit is determined by the

Answer 23

character of the objects for which the entity was organized.