Ecodal Batch 1 (ABCs) Flashcards
What is a constitution, and how is it described in terms of its authority and alterability?
A C i a s o f l f g a n, d a s, i, a a u e b t a f w i e.
A constitution is a system of fundamental laws for governing a nation, described as supreme, imperious, absolute, and unalterable except by the authority from which it emanates.
What are the three main functions of a constitution?
a) P t p f o a g s, b) A p a d t d d, c) E c f p
a) Prescribing the permanent framework of a government system, b) Assigning powers and duties to different departments, and c) Establishing certain fixed principles.
How is the Constitution of the Philippines characterized in terms of its form?
W- p e i o o a s o d; C- e c a d b a c b o r; R - a o t a f a u d p
a) Written — precepts embodied in one or a set of documents;
b) Conventional — enacted consciously and deliberately by a constituent body or ruler; and
c) Rigid — amended only through a formal and usually difficult process.
According to the Doctrine of Constitutional Supremacy, what happens if a law or contract violates the constitution?
I a l o c v a c n, i i n a v, w a f a e, r o w p b t l, e b, o e i b p p
If a law or contract violates any constitutional norm, it is null and void, without any force and effect, regardless of whether promulgated by the legislative, executive branch, or entered into by private persons for private purposes
How is the Constitution viewed under the Doctrine of Constitutional Supremacy in the case of Manila Prince Hotel v.GSIS?
U t D o C S, i a l o c v a n o t c t l o c w p b t l o b t e b o e i b p
Under the doctrine of constitutional supremacy, if a law or contract violates any norm of the constitution that law or contract whether promulgated by the legislative or by the executive branch or entered into by private persons for private purposes is null and void and without any force and effect. Thus, since the Constitution is considered the fundamental, paramount, and supreme law of the nation, deemed written into every statute and contract.
What are the two methods by which amendments or revisions to the Constitution can be proposed?
A. T u a v o 3t-f o a i M. B. A C C
a. The Congress, upon a vote of three-fourths of all its Members.
b. A constitutional convention.
How can amendments to the Constitution be directly proposed by the people through initiative, and what are the petition requirements?
A c b p b t p t i u p of a) a l t p c o t t n o r v; b? E l d m b r b a
Amendments can be proposed by the people through initiative upon a petition of:
a. At least twelve per centum of the total number of registered voters.
b. Every legislative district must be represented by at least three per centum of the registered voters therein.
What limitations exist regarding the authorization of amendments after the ratification of the Constitution?
No amendment shall be authorized within five years following the ratification of this Constitution nor oftener than once every five years thereafter.
How can Congress call a constitutional convention, and what are the two methods specified?
Congress can call a constitutional convention by:
a. A vote of two-thirds of all its Members.
b. A majority vote of all its Members, submitting the question of calling such a convention to the electorate.
What is the validity requirement for the ratification of any amendment or revision to the Constitution?
The amendment or revision shall be valid when ratified by a majority of the votes cast in a plebiscite, held not earlier than sixty days nor later than ninety days after the approval or certification.
According to Lambino v. Comelec, what did the framers intend regarding initiative petitions for constitutional amendments?
The framers intended that the “draft of the proposed constitutional amendment” should be “ready and shown” to the people “before” they sign such a proposal.
What distinction does Lambino v. Comelec make between constitutional amendment and revision through initiatives?
A people’s initiative applies ONLY to an amendment and NOT to a revision. Revision broadly implies a change that alters a basic principle or affects substantial provisions of the constitution.
What does the national territory of the Philippines comprise?
The national territory of the Philippines comprises the Philippine archipelago, with all the islands and waters, and all other territories over which the Philippines has sovereignty or jurisdiction.
What are the domains of the Philippine national territory?
The Philippine national territory consists of terrestrial, fluvial, and aerial domains.
What specific areas are included in the Philippine national territory?
T n t i i t s, t s, t s, t i s, a o s a
The Philippine national territory includes its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas.
According to the Archipelagic doctrine of territoriality, what forms part of the internal waters of the Philippines?
T w
A B a C t i o t a,
r o t B a D,
F p o t i w o t P.
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.
In the case of Magallona v. Ermita 2011 En Banc, what is R.A. No. 9522 used for?
R.A. No. 9522 is a statutory tool used to demarcate the country’s maritime zones and continental shelf under UNCLOS III, not to delineate Philippine territory.
What is the purpose of UNCLOS III?
U III i a m t r s-u r o m z, i t w, c z, e e z a c s
UNCLOS III is a multilateral treaty regulating sea-use rights over maritime zones, including territorial waters, contiguous zone, exclusive economic zone, and continental shelves.
According to UNCLOS III, what is the territorial waters’ distance from the baselines?
Territorial waters are 12 nautical miles from the baselines according to UNCLOS III.
What are the methods, according to traditional international law, through which States acquire or lose territory?
O
A
C
P
u t i l
States acquire or lose territory through occupation, accretion, cession, and prescription under traditional international law.
What is the fundamental principle in our system of government that prevents the concentration of legislative, executive, and judicial powers in a single branch?
The separation of powers.
How does the separation of powers operate in our Constitution, according to Macalintal v. Comelec, et al.?
It operates not through express provision but by the actual division of powers among the three branches of government.
What does the principle of separation of powers allow, as stated in Macalintal v. Comelec,et al.?
Answer:
It allows the “blending” of some executive, legislative, or judicial powers in one body.
It does not prevent one branch from inquiring into the affairs of other branches to maintain the balance of power.
It ensures that there is no encroachment on matters within the exclusive jurisdiction of other branches.
In Re Production of Court Records 2012 En Banc, what is the underlying principle that constitutes the bedrock of our system of checks and balances?
The doctrine of separation of powers.
How does the doctrine of separation of powers divide the government, according to Re Production of Court Records 2012 En Banc?
It divides the government into three branches—legislature, executive, and judiciary—each with well-defined powers.
What is the principle of comity in relation to the separation of powers?
It is the practice of voluntarily observing inter-departmental courtesy in undertaking assigned constitutional duties for the harmonious working of government.
How does the Court check the exercise of power of other branches of government?
Through judicial review.
How does Congress check other branches of government primarily?
T i l m p, i t
C o A a
D t p a d
F o t a c
C c
D J a
R t j
Through its law-making powers, including the creation of administrative agencies, defining their powers and duties, fixing officer terms and compensation, creating
courts, defining jurisdiction, and reorganizing the judiciary.
What is the auxiliary power of Congress in relation to its principal power to legislate?
It ensures that the laws it enacts are faithfully executed.
What is the general principle regarding the State’s immunity from suit?
The State may not be sued without its consent, according to Art XVI.
In Arigo v. Swift 2014 En Banc, how does the restrictive rule of state immunity distinguish between government acts (jure imperii) and private acts (jure gestionis)?
State immunity applies only to sovereign and governmental acts (jure imperii), not to private, commercial, and proprietary acts (jure gestionis).
Under what circumstances does the doctrine of state immunity will not apply according to Arigo v. Swift 2014 En Banc?
T D o S I d n a w p o a s i t p a p c, a o c
The doctrine does not apply when public officials are sued in their private and personal capacity, as ordinary citizens.
What are the exceptions to the general rule of state immunity?
Exceptions include suits against government entities with the State’s consent, depending on their incorporation status and the nature of their functions.
According to the Philippine Textile Research Institute v. CA 2019 case, when can the State be sued even without express consent?
The State can be sued when entering into a contract, implying consent, especially if the contract involves proprietary rather than sovereign functions.
In BPI v. Central Bank of the Philippines 2020, why is the CBP not immune from suit despite performing governmental functions?
The CBP, being an incorporated government corporation, waived its immunity from suit through its charter, even though it performs governmental functions.
According to BPI v. Central Bank of the Philippines 2020, under what circumstances is the State or CBP liable for the acts of its employees?
The State or CBP is liable only for tortious acts of its employees when they act as special agents within the scope of their assigned tasks.
What defines a “special agent” according to BPI v. Central Bank of the Philippines 2020?
A special agent is one who receives a definite and fixed order or commission foreign to the duties of their office.
According to BPI v. Central Bank of the Philippines 2020, can CBP be held liable for actions beyond the scope of its employees’ duties?
No, CBP cannot be held liable if employees act beyond the scope of their duties, as per Article 2180 of the Civil Code.
What is the distinction between suability and liability according to the notes?
Suability is the result of the State’s consent to be sued, while liability is determined after a hearing based on relevant laws and established facts.
What is the Latin maxim that expresses the principle that delegated powers cannot be further delegated?
Potestas delegata non delegari potest.
What are the recognized exceptions to the general rule of non-delegation?
Delegation of tariff powers to the President under Sec 28(2) Art VI;
Delegation of emergency powers to the President under Sec 23(2) Art VI;
Delegation to the people at large;
Delegation to local governments; and
Delegation to administrative bodies.
What are the two requirements for a valid delegation of legislative powers?
a. The law must be complete in itself, setting forth the policy to be executed.
b. The law must fix a standard with sufficiently determinate limits for the delegate to conform to.
In the case of permissible delegation, what must a sufficient standard do?
A sufficient standard defines legislative policy, marks its limits, maps out its boundaries, and specifies the public agency to apply it.
In the Provincial Bus Operators Association case, what principle does the Court acknowledge in the context of delegation?
The Court acknowledges the principle of separation of powers but recognizes the need for delegation due to the complexity of modern life and the multiplication of subjects of governmental regulation.
What are the two requirements for the valid exercise of subordinate legislation, as mentioned in the Kilusang MayoUno case?
The regulation must be germane to the objects and purposes of the law.
The regulation must be in conformity with the standards prescribed by the law.
According to the Kilusang MayoUno case, what power has been validly delegated under the Social Security Act?
The power to fix the contribution rate and the minimum and maximum amounts for monthly salary credits.
How does the Sobrejuanite-Flores case assess the delegation of legislative powers in RA No. 10029?
RA No. 10029 satisfied the completeness and standard tests, rendering the delegation valid. The regulation imposed by the law, requiring at least 100 hours of updating workshops, is not considered oppressive
In the SEC v. 1Accountants Party-List case, what principle is invoked regarding delegated powers?
Delegata potestas non potest delegari—what has been delegated by Congress cannot be further delegated or redelegated by the original delegate.
According to the SEC v. 1Accountants Party-List case, why is the MOA between SEC and the Board considered void?
A private agreement, such as the MOA, cannot operate to validate a transgression of a provision of law. The exclusive power to regulate accountancy is reposed by law exclusively with the Board and cannot be delegated or transferred elsewhere.
What are the three fundamental powers of the State?
Police Power, Eminent Domain, Taxation.
