CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES Flashcards
Foundation of the system of government of the Philippines
Constitution
TOF. It is conceivable how a state could exist or survive without a constitution of some form.
F
TOF. The state refers to the “body of rules and principles in accordance with which the powers of sovereignty is regularly exercised.”
F (consti)
The Etymology: Constituo means?
fixed, established or settled
it is a written instrument (document) by which the fundamental powers of government are established, limited, and defined, and by which these powers are distributed among several departments for their safe and useful exercise for the benefit of the body politic.
Constitution
TOF. The consitution is the law to which it must conform to all other laws.
F (all other laws must conform to this)
It is the test of the legality of all governmental actions.
Consti
TOF. The supreme law is a Charter creating the government.
T
Among this establishes the basic framework and underlying principles of government, except:
A. It is binding to all individual citizens and all organs of the government.
B. Prescribes the permanent framework of the system of government
C. Assigns to the different department or branches, their respective powers and duties
D. Designed to preserve and protect the rights of the citizen against the powers of the state
E. NOTA
A (Serves as the supreme or fundamental law)
All of this serves as the supreme or fundamental law, except:
A. Test of the legality of all governmental actions.
B. Binding to all individual citizens and all organs of the government
C. Identied as the Charter creating the government.
D. Establish certain basic principles on which the government is founded
E. NOTA
D
Arrange this chronologically
A. Philippine Organic Act or Philippine Bill
B. Jones Law
C. The 1935 Constitution
D.Constitution of Biak na Bato
E. Malolos Constitution
DEABC
Promulgated when
Constitution of Biak na Bato
1 November 1897
Arrange chronologically:
A. American Era
B. Declaration of Martial law
C. Philippine Autonomy Act
D. Constitutional Authoritarianism
E. Tydings-Mcduffie
ACEBD
Arrange Chronologically
A. The 1987 Constitution
B. The Freedom Constitution
C. Executive Department had Greater power
D. Suspension of the Bill of Rights
E. Official date of Martial Law
EDCBA
TOF
The Constitution of Biak na Bato was fully implemented.
F (‘di natuloy because of the Philippine revolution)
Constitution of Biak na Bato
make decisions and affirm or disapprove the sentences rendered by other courts and to dictate rules
Consejo Supremo de Gracia Y Justicia
Constitution of Biak na Bato
was vested on the Republic
Supreme Council
Constitution of Biak na Bato
TOF. The republic was headed by 5 departments.
T (President and four department secretaries: the interior, foreign affairs, treasury, and war)
Malolos Constitution
Promulgated?
January 21, 1899
Malolos Constitution
Who promulgated the final version of the Constitution named as Malolos Constitution?
Tropang Aguinalds
acknowledged as the first republican constitution in Asia because it was fully implemented
Malolos Constitution
Malolos Constitution
form of government
parliamentary republic
Malolos Constitution
president was elected for a term of?
4 years
Malolos Constitution
TOF. There was basic civil rights, separated the Church and State.
T
may assembly of representatives pa
Malolos Constitution
TOF. first important state document that the Filipino people, speaking through their representatives, had ever produced
T
Malolos Constitution
TOF. Provided for individual rights only of Filipinos, foreigners excluded.
F (foreigners also have rights)
Malolos Constitution
Safeguards against abuses were provided According to the Constitution, the government that was established was?
3 answers
“popular, representative, and responsible”
Malolos Constitution
TOF. Three branches was also indicated.
T
→ fundamental political principles and established the structure, procedures and powers and duties of the Philippine Government
→ abides the american Constitution
American Era
Acts of the United States Congress
after Malolos ‘to
What bill/act was implemented in 1902?
Philippine Organic Act of 1902 OR Philippine bill of 1902
This is also known as the Jones law
Philippine Autonomy Act of 1916
Identify evolution of consti
unicameral national assembly
Tydings-Mcduffie (1932)
Who was the US president during The 1935 Constitution
Franklin Roosevelt
The 1935 Constitution
ratified when?
25 March 1935
The 1935 Constitution
→ president was elected to a five-year term without re-election
→ independent electoral comission
A. First statement is correct
B. 2nd statement is correct
C. Both
D. NOTA
B (6 year)
What constitution established the Commonwealth Government
1935 Constitution
This was established as a preparation for freedom and independence
The 1935 Constitution
The 1935 Constitution
- Provided a Democratic and Republican Government
- Inclusion of the Bill of Rights
A. First statement is correct
B. 2nd statement is correct
C. Both
D. NOTA
C
Consti?
→ Marcos declaration of Martial law
→ strong executive power
The 1973 Constitution
The 1972 Constitution
Initial date
9/19/1972
The 1972 Constitution
official date
September 21, 1972
official date that Martial Law was established and the day that the Marcos dictatorship began
September 21, 1972
Constitutional Authoritarianism
ratified?
January 17, 1973
Constitutional Authoritarianism
Which does not belong?
A. Establishment of a modified parliamentary government.
B. Suspension of the Bill of Rights
C. Renunciation of war as a national policy
D. Has given greater power to the Executive Department.
E. NOTA
C
sa 1987 consti ‘yan
What died Corazon C. Aquino issued?
The 1986 Freedom Constitution
The 1987 Constitution
Which does not belong:
A. Reinstitution of a Democratic Government
B. Separation of Church and State
C. Sovereignty of the people
D. Renunciation of war as a national policy
E. NOTA
E
The 1987 Constitution
Which does not belong:
A. Establishment of a modified parliamentary government
B. Separation of 3 branches of government
C. Supremacy of Civilian authority over the military
D. NOTA
A
The structure of the Philippine government
is divided into three branches:
The Legislative Department (Article VI)
The Executive Department (Article VII)
The Judicial Department (Article VIII)
What principle?
Under the principle of co-equal and coordinate powers among the three (3) branches, the officers entrusted with each of these powers are not permitted to encroach upon the powers confided to the others.
The Principle of Separation of Powers
TOF.
If one department goes beyond the limits set by the Constitution, its acts are justified and reasonable within the law.
F (acts are null and void)
The adoption of this principle was motivated by the belief that arbitrary rule would result if the same person or body were to exercise all the powers of the government.
The Principle of Separation of Powers
Principles of checks and balances
TOF. The president may may override the veto of the President 2/3 of the actual vote of supreme court.
F (of congress)
Principles of checks and balances
through pardoning power, he may modify or set aside the judgments of courts
President
Principles of checks and balances
TOF. Congress may override the veto of the President unanimously of the actual vote.
F (2/3 lang, not 3/3)
Principles of checks and balances
Reject certain appointments of the President
Congress
Principles of checks and balances
declare final arbiter may declare legislative measures or executive acts unconstitutional
Judiciary or Supreme Court
Principles of checks and balances
Revoke the proclamation of martial law or suspension of the writ of habeas corpus by the President
Congress
Principles of checks and balances
TOF. The Judiciary may only determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of the Congress only.
F (or President)
Principles of checks and balances
Amend or revoke the decision of the Court by the enactment of a new law or by an amendment of the old
Congress
Principles of checks and balances
TOF. The Congress has the power to impeach the President and the members of the Supreme Court.
T
Qualifications: Officials of the National Government
To become a president or vice president, you must qualify all of the following except:
A. At least 35 years of ageon the day of the election
B. Registered voter
C. Resident of the Philippines for at least ten (10) years immediately preceding the election
D. Able to read and write only
A (40)
Qualifications: Officials of the National Government
To become a senator, you must qualify all of the following except:
A. a citizen
B. At least 35 years of age on the day of the election
C. a registered voter
D. a resident of the Philippines for not less than 1 year immediately preceding the day of the election
D (2 years)
Qualifications: Officials of the National Government
To become a house representative, you must qualify all of the following except:
A. at least 25 years of age on the day of the election
B. a registered voter in a new district
C. a resident thereof for a period of not less than one (1) year preceding the election
D. able to read and write except for a party-list representative
B (registered voter in the district in which he shall be elected)
Qualifications: Officials of the National Government
To become a party-list representative, you must qualify all of the following except:
A. Able to read and write
B. Bona fide member of the party
C. Organization which he seeks to represent for at least ninety (90) days preceding the day of the election
A
Qualifications: Officials of the National Government
To become a member of the supreme court, you must qualify all of the following except:
A. at least forty (40) years of age
B. an experience of fifteen (15) years or more as a judge of a high court
C. engaged in the practice of law in the Philippines
D. competence, integrity, probity and independence
B (lower court)
Composition
Executive Department
President–Chief Executive
Vice President
Cabinet Officials
Composition: Legislative Department
Senate
A. 24 members
B. 250 members
C. 293 members
D. 58 members
24 members
Legislative Department
District representative
A. 24 members
B. 250 members
C. 293 members
D. 58 members
C
dami districts eh
Legislative department
House of representatives
A. 24 members
B. 250 members
C. 293 members
D. 58 members
B
Legislative Department
Sectoral Representatives
A. 24 members
B. 250 members
C. 293 members
D. 58 members
D
Composition
Supreme Court
1 chief justice
14 associate justice
Term
1 term of 6 years without re-election
Whose?
Pres
Term
Vice President
2 consecutive yrs per terms allowed with 6 years per term
Term
2 consecutive yrs per terms allowed with 6 years per term
Senate (congress) and Vice Pres (executive)
Term
House of Representatives
3 consecutive terms allowed with 3 years per term
Term
Chief justice
No term limit–but mandated to hold office during good behavior until they reach the age of 70 or become incapacitated to discharge the duties of their office.
Term
Associate Justice
No term limit–but mandated to hold office during good behavior until they reach the age of 70 or become incapacitated to discharge the duties of their office.
Powers of the Government
Which does not belong in the powers of Legislative Branch:
A. to enact laws
B. police power
C. of Eminent Domain
D. of Taxation
E. to appoint government officials
E (executive)
Powers of the Government
Which does not belong in the powers of Legislative Branch:
A. to declare the existence of war
B. to act as a constituent assembly
C. to confirm the appointments of government officials
D. to determine the validity and constitutionality of the laws
E. to impose death penalty
D (judiciary)
Powers of the Government
Which does not belong in the powers of Legislative Branch:
A. power to appropriate money
B. to suspend the privilege of writ of habeas corpus
C. to ratify treaty
D. to conduct investigation
E. to give Immunity from arrest for offenses
B (executive)
Powers of the Government
TOF. The congress has the power to offer immunity from arrest for offenses punishable by not more than 10 years imprisonment.
F (6 years)
Powers of the Government
Which does not belong in the powers of Executive Branch (president):
A. to implement laws
B. to enact laws
C. Administrative Power and control over the agencies of the governments
D. to commute sentence, grant pardon, reprieve and amnesty
E. supervision and control over the local government
B (congress)
Powers of the Government
Which does not belong in the powers of Executive Branch (president):
A. to conduct treaty and international agreement with other states
B. to impose death penalty
C. to veto a law
D. to declare martial law
B (congress)
Powers of the Government
TOF. The executive broadly deal with the:
* Making
* Deliberating
* Enactment
* Amending
* Repealing of laws
F (congress)
Powers of the Government
Which does not belong in the powers of Judicial Branch (The Supreme Court):
A. to interpret laws
B. to determine whether there has been a grave abuse of discretion
C. to determine the validity and constitutionality of the laws of the State
D. to conduct treaty and international agreement with other states
E. to do a review
D (pres)
Powers of the Government
Which does not belong in the powers of Judicial Branch (The Supreme Court):
A. to act as a constituent assembly
B. appoints all officials and employees of the Judiciary
C. assign temporarily judges of lower courts to other stations as public interest may require
D. order the change of venue or place of trial to avoid a miscarriage of justice
E. adjudicatory
A (legis)
+ to settle actual controversies involving rights which are legally demandable and enforceable
method of national inquest into the conduct of public men
IMPEaCHment
it is essentially in the nature of a criminal prosecution before a quasi-political court, instituted by a written accusation called?
articles of impeachment
The purpose of amendment is to protect the people from official delinquencies or malfeasances
impeachment
TOF. impeachment is primarily intended for the protection of the state, not for the punishment of the offender.
T
The penalties attached to impeachment are merely incidental to the primary intention of protecting the people as a??
body politic
Officials that are Removable by
Impeachment, except:
A. Vice President and President
B. Members of the CSC
C. Ombudsman
D. Members of the Supreme Court
E. NOTA
E
+ members of the Constitutional Commissions (COMELEC, CSC, COA)
Executive limitation
Which is incorrect:
1. Hold any office other office or enjoy other form of employment
2. Make appointments five months prior to the next election
3. Make appointments within the 4th civil degree of consanguinity
4. NOTA
2 (2 months)
Executive limitation
- Increase his salary or that of the VP during his term
- Ratify foreign treaties
- Grant clemency in cases of impeachment
- NOTA
4