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Philippine History > Constitution > Flashcards

Constitution Flashcards

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1
Q

meaning of preamble

A

to walk before

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2
Q

meaning of preambulus

A

walking in front

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3
Q

Functions of the Preamble in the Constitution

A

sets down the origin, scope, purpose of the Constitution

enumerates the primary aims and expresses the aspirations of the framers in drafting the Constitution

useful as an aid in the construction and interpretation of the text of the Constitution

source of light, not only a source of rights and obligations

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4
Q

The Preamble

A

We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality and peace, do ordain and promulgate this Constitution.

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5
Q

an area of the earth’s surface which is the subject of sovereign rights and interests

definite or aliquot area of the earth’s surface within which a State exercises jurisdiction subject to the limitations imposed by international law

fixed portion of the surface of the earth inhabited by people of the state

as an element of a state means an area over which a state has effective control

A

Territory

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6
Q

a municipal law

A

constitution

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7
Q

Binding effect in international law of the definition of national territory in the constitution

A

A definition of national territory in the constitution will bind internationally only if it is supported by proof that can stand in international law

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8
Q

Scope of the Philippine Territory

A

Philippine archipelago

all other territories over which the Philippines has sovereignty or jurisdiction

Territorial sea, seabed, subsoil, insular shelves and other submarine areas corresponding to….consist of terrestrial, fluvial and aerial domains

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9
Q

Territories covered under Article I

A
  • Those ceded to the US by virtue of the Treaty of Paris
  • Those defined in the treaty concluded between US and Spain (Treaty of Washington), which were not defined in the Treaty of Paris, esp. the islands of Cagayan, Sulu and Sibuto
  • Those defined in the treaty concluded between the US and Great Britatin (Treaty with Great Britain), specifically the Turtle and Mangsee Islands
  • The island of Batanes, which was covered under a general statement in the 1935 Constitution
  • Those contemplated in the phrase “belonging to the Philippines by historic right or legal title” in the 1973 Constitution
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10
Q

date of Treaty of Paris

A

December 10, 1898

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11
Q

date of Treaty of Washington

A

November 7, 1900

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12
Q

date of Treaty with Great Britain

A

January 2, 1930

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13
Q

That body of water studded with islands which is delineated in the Treaty of Paris, as modified by the Treaty of Washington, and the Treaty with Great Britain

  • These are the same treaties which delineated Philippine territory in the 1935 Constitution
A

Philippine Archipelago

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14
Q

method used to delineate the territorial sea

Imaginary straight lines are drawn joining the outermost points of the outermost islands of the archipelago without departing to any appreciable extent from the general configuration of the archipelago

A

straight baseline method

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15
Q

The waters within the baselines shall be considered _______ while the breadth of the __________ shall then be measured from the baselines

A

internal waters

territorial sea

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16
Q

distance from baseline is territorial sea

A

12 miles

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17
Q

Article I

A

The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines .

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18
Q

Archipelagic doctrine

A

The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines .

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19
Q

consists of a number of islands separated by bodies of water, should be treated as one integral unit

A

archipelago

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20
Q

provided contiguous zone and exclusive economic zone

A

UNCLOS

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21
Q

contiguous zone

A

12 miles from the end of the territorial sea

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22
Q

exclusive economic zone

A

200 miles from the baseline

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23
Q

Although CZ and EEZ may not be part of the territory of the State, they enjoy-

A

preferential rights over the marine resources found within these zones

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24
Q

Modes of Acquiring Territory

A 
Discovery
Prescription
Accretion
Cession
Conquest
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25
Q

oldest mode of acquiring territory

for it to be valid and effective, it must be accompanied by occupation, management and administration of the island discovered

A

Discovery

26
Q

the continued occupation of a territory for a long period of time by one state

A

Prescription

27
Q

It is a process where the land area of a State caused by the operation of either the forces of nature, or artificially through human labor, is increased

A

Accretion

28
Q

is a bilateral agreement whereby one State transfers over a definite portion of a territory to another

A

Cession

29
Q

is the acquisition of a territory by the use of force which reduces the vanquished territory to the submission of the conquering State

A

Conquest

30
Q

Penal laws of the Philippines are enforceable within:

A

its territory

31
Q

exception of Penal law

A

Article 2 of Revised Penal Code

32
Q

Penal laws of the Philippines can also be enforced outside its territory against those who:

A

Should commit an offense while on a Philippine ship or airship

Should forge or conterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands

Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number

While being public officers or employees, should commit an offense in the exercise of their functions

Should commit any of the crimes against national security and the law of nations, defined in th Title One of Book Two of the Revised Penal Code

33
Q

Territorial Disputes

A

Sabah

Spratly Islands

34
Q

date when Sabah came under British control

A

1877

35
Q

undertook the administration of Sabah in 1881

A

British North Borneo Company

36
Q

date when Federation of Malaysia came into existence

A

September 16, 1963

37
Q

former name of Sabah

A

British North Borneo

38
Q

Spratly Islands is disputed between countries:

A 
China
Taiwan
Vietnam
Brunei
Malaysia
Philippines
39
Q

largest of the 12 main islets

A

Itu Aba

40
Q

total area of Itu Aba

A

36 hectares

41
Q

significant local wildlife in Spratly

A

seabirds

turtles

42
Q

Are binding rules which must be observed in the conduct of the government

A

Principles

43
Q

guidelines for the orientation of the state

A

Policies

44
Q

Article II Section 1

A

The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.

45
Q

Government of the people, by the people and for the people

A

Republican State

46
Q

example of direct democracy

A

initiative

referendum

47
Q

Manifestations of a Republican State

A

Ours is a government of laws and not of men

Rule of majority

Accountability of public officials

Bill of rights

Legislature cannot pass irrepealable laws

Separation of Powers

48
Q

Historical development of the Policy condemning or outlawing war in the International Scene

A

Covenant of the League of Nations

Kellog-Briand Pact of 1928

Charter of the United Nations

49
Q

provided conditions for the right to go to war

A

Covenant of the League of Nations

50
Q

aka the General Treaty for the Renunciation of War

ratified by 62 states

forbade war as an instrument of national policy

A

Kellog-Briand Pact of 1928

51
Q

prohibits the threat or use of force against the territorial integrity or political independence of a State

A

Charter of the United Nations

52
Q

Article II Section 2

A

The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

53
Q

Incorporation Clause

A

Acceptance of Dualist View of Legal Systems
Doctrine of Incorporation
International Law

54
Q

Domestic law is distinct from international law

International law becomes a part of municipal law only if it is incorporated in to municipal law

A

Acceptance of dualist view of legal systems

55
Q

Every state is, by reason of its membership in the family of nations, bound by generally accepted principles of international law, which are considered automatically part of its own laws

Applies only to customary law and to treaties which have become part of customary law

A

Doctrine of Incorporation

56
Q

Deals with the conduct of states and of international organizations and with their relations

Can be used by Philippine courts to settle domestic disputes

A

International Law

57
Q

Article II Section 3

A

Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory.

58
Q

Reasons for the Existence of Armed Forces

A

As protector of the people and the State

To secure the sovereignty of the State and integrity of the national territory

They may be called to prevent or suppress lawless violence, invasion or rebellion

All members of the armed forces shall take an oath or affirmation to uphold and defend the Constitution

59
Q

Article II Section 4

A

The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal, military or civil service.cralaw

60
Q

Article II Section 5

A

The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.cralaw

61
Q

Article II section 6

A

The separation of Church and State shall be inviolable.

Philippine History (3 decks)

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