General Provisions

Question 1

What are the functions of the Constitution?

Answer 1

1. To establish government powers
2. To define government powers
3. To limit government power
4. To distribute powers

Question 2

What is the Bill of Rights?

Answer 2

It is the list of rights that the State cannot interfere with. It does not exhaust all rights of the citizens as other rights are embodied in statutes and laws. Affirmative rights are not included in the Bill of Rights only negative rights.

Question 3

Are the provisions in the Bill of rights self-executing?

Answer 3

The provisions of the Bill of Rights are self-executory because even in the absence of any legislation, the Bill of Rights can be used as a defense or may be invoked as a cause of action in litigation without the need of any statute from Congress. So meaning, you can automatically go to
court and have them enforced.

Question 4

Can the bill of right be invoked against private persons?

Answer 4

The Bill of Rights can only be invoked against the state and not against private individuals. The provisions of the Constitutions are intended only to govern a relationship between the individual and the state. The provision governs a relationship in another individual is the Civil Code, Revised Penal Code or other laws made by the Congress butNOT the Constitution.

Question 5

What if the policeman asks a civilian to conduct a search for him, is this circumvention of the law?

Answer 5

The victim can still invoke his right found in the Bill of Rights. If the search is done by an individual
who is acting as an agent for the policeman, it is as if the policeman himself is conducting the search.
The policeman must first obtain a search warrant to make a valid search.

Question 6

What are preferred rights?

Answer 6

1. Freedom of speech
2. Freedom of the press
3. Freedom of assembly
4. Right to petition
5. Right to religion

Question 7

what are the fundamental powers of the state?

Answer 7

Police power
Eminent Domain
taxation

Question 8

What is police power?

Answer 8

the power of promoting public welfare by restraining and regulating use of liberty and property.

It is the power to create policies by the state for the general welfare, security, morals

it is the most restrictive, least permissible of all powers

Question 9

Who may exercise police power?

Answer 9

The legislature (primarily exercises it, vested only to them but might be delegated to),
-the president,
-LGUs,
-Administrative Bodies

Question 10

What are the requisites of the valid exercise of police power?

Answer 10

lawful subject
lawful means

Question 11

Lawful subject means…

Answer 11

The interest of the public generally as distinguished from those of a particular class requires its exercise.
(e.g : There is an ordinance in the City of Manila, prohibiting short time in lodging houses.
Purpose of the law: To promote morals
The lawful subject: morality )

Question 12

Basic principles on the limitations of state power

Answer 12

1. Provisions of the bill of rights are self-executing
2. They can only be invoked against the State
3. Basic human rights are superior to property rights
4. It’s provision has no retroactive application
5. Provisions of the bill of rights are generally applicable to aliens
6. Provisions of the bill of rights are generally subject to restrictions or are not absolute