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Constitution Law 1 - AQ > Introduction & The Phil. Constitution > Flashcards

Introduction & The Phil. Constitution Flashcards

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1
Q

Recite 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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2
Q

Define: Political Law

A

That branch of public law which deals with the organisation and operations of the governmental organs of the State and defines the relations of the State with the inhabitants of its territory

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3
Q

Why should we study Constitutional Law?

A

Because “Sovereignty resides in the people and all government authority emanates from them”

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4
Q

Principal Basis of the Study of Constitutional Law I

A

Constitution of the Philippines as adopted on Feb 2, 1987

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5
Q

Date when Philippine Independence was proclaimed from the Spaniards

A

June 12, 1898

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6
Q

Date when first Philippine Republic was established with Aguinaldo as president

A

January 21, 1899

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7
Q

First democratic constitution ever to be promulgated in the whole of Asia

A

The Malolos Constitution

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8
Q

Date when the Treaty of Paris was concluded

A

December 10, 1898

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9
Q

Otherwise known as the First Philippine Commission

A

Schurman Commission

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10
Q

Its purpose was to make a fact-finding survey of the Philippine Islands and submit appropriate recommendations to the U.S. Congress.

A

Schurman Commission

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11
Q

Later subsituted the Schurman Commission

A

Taft Commission

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12
Q

Also known as the Second Philippine Commission

A

Taft Commission

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13
Q

Date when civil government was established in the Philippines

A

July 4, 1901

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14
Q

The Amendment that established the civil government in the Philippine Islands

A

Spooner Amendment

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15
Q

First governor of the civil government that was established in the Philippine Islands

A

William Howard Taft

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16
Q

This bill created the Philippine Assembly in 1907 to sit with the Philippine Commission

A

Philippine Bill of 1902

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17
Q

Speaker of the Philippine Assembly created in 1907

A

Segio Osmena

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18
Q

Populerly known as the Jones Law in 1916

A

Philippine Autonomy Act

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19
Q

The Law that establishsed the Senate and a House of Representatives in 1916 with Manuel L Quezon as President and Sergio Osmena as speaker

A

Jones Law

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20
Q

Supplanted the Jones Law in 1935

A

Tydings-McDuffie Act

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21
Q

Authorized the establishment of the Commonwealth of the Philippines

A

Tydings-McDuffie Act

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22
Q

This Act promised indpendence to the Filipinos if they could prove their capacity for democractic government durign a ten-year transition period

A

Tydings-McDuffie Act

23
Q

Date when U.S. formally withdrew its sovereignty over the Philippines

A

July 4, 1946

24
Q

Proclamation Number by President Ferdinand Marcos that placed entire Philippines under Martial Law

A

Proclamation No. 1081

25
Q

These are the so called “iron rules” within the Consitution and why? Give one example

A

Provisions in the Constitution that cannot be altered except by formal amendment. One example is the age qualifications of certain officers or their term of office

26
Q

6 Classifications for Constitutions:

A
  1. Written
  2. Unwritten
  3. Conventional
  4. Cumulative
  5. Rigid
  6. Flexible
27
Q

What is a written Constitution?

A

A Constitution whose precepts are embodied in one document or set of documents

28
Q

What is an unwritten Constitution?

A

A Constitution which consists of rules which have not been integrated into a single, concrete form

29
Q

What is a conventional Constitution?

A

It is an enacted Constitution , formally “struck off” at a definite time and place following a conscious effort taken by a constituent body

30
Q

What is a cumulative Constitution?

A

A Constitution that is the reuslt of political evolution “not inaugurated at any specific time but changing by accretion rather than by ordinary legislation.”

31
Q

The Constitution of the Philippines is classified as? (3)

A
  1. Written
  2. Conventional
  3. Rigid
32
Q

Advantage and disadvantage of the written, conventional, and rigid Constitution

A

Advantage: Permance or capacity to resist capricious change
Disadvantage: Unable to adjust

33
Q

Article XVII provides that the Constitution may be changed either by two (2) ways, namely:

A
  1. Amendment
  2. Revision
34
Q

Distinguish Amendment from Revision

A

Amendment refers to isolated or piecemeal change only as compared to Revision, which si a revamp or rewriting of the whole instrument

35
Q

Two(2) steps involved in either amendment or revision of the Constitution:

A
  1. Proposal
  2. Ratification
36
Q

Proposal to amend/revise the Constitution is made directly by these two(2):

A
  1. By Congress
  2. By a Constitutional Convention
37
Q

What is the special case with regards to making a proposal to amend the Constitution?

A

This may be made directly by the people through an initiative

38
Q

Required number of votes for an amendment or revision to the Constitution by The Congress

A

Three-fourths vote of all its Members

39
Q

Requirement for the people’s initiative as provided under Sec. 2 of Article XVII of the Consitution:

A

Petition must bemade through at least 12 per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters therein. No amendment under this section shall be authorized within five years following the ratification of this Constitution nor oftener than once every five years thereafter.

40
Q

Required number of votes for Congress to call a Constitutional Convention

A

Two-thirds vote of all its Members

41
Q

Required number of votes for Congress to submit to electorate(people) the question of calling a constitutional convention

A

Majority vote of all its Members

42
Q

Can the method of initiatve make a revision? And why?

A

No. The intiative called upon by the people can only make amendments because it is what is provided under Section 2, Art. XVII of the Constitution.

43
Q

According to the Supreme Court, what does a revision broadly imply?

A

It is a change that alters a basic principle in the constitution, like altering the principle of separation of powers or the system of checks-and-balances. It is also revision if it alters the substantial entirety of the Constitution.

44
Q

According to the Supreme Court, what does an amendment broadly refer to?

A

It refers to a change that adds, reduces, or deletes without altering the basic principle involved.

45
Q

The two(2) tests determining if it is an amendment or a revision of the Constitution according to the Supreme Court:

A
  1. Quantitative Test
  2. Qualitative Test
46
Q

What is the quantatitve test according to the Supreme Court?

A

This test asks whether the proposed change is so extensive that it deletes or alters numerous existing provisions. The Court examines only the number of provisions affected and not the degree of the changes

47
Q

What is the qualitative test according to the Supreme Court?

A

This tests inquires into the qualitative effects of the proposed changes in the Constitution. Main inquiry is whether the change will ‘accomplish such far reaching changes in the nature of our basic governmental plan as to amount to a revision’

48
Q

Choice of the method of proposal lies exclusively with who?

A

The Legislature

49
Q

Three(3) theories on the relative position of the Constitutional Convention:

A
  1. Theory that it is superior over othe departments of the government (Theory of Conventional Sovereignty) (Loomis v Jackson)
  2. Theory that it is inferior to other departments of government since it is merely a creation of the legislature (Wood’s Appeal)
  3. Theory that as long as it exists and confines itself within the sphere of its jurisdiction, it is considered independent of and co-equal with other departments of the government (Frantz v Autry) (This is most popular. Also observed in our jurisdiction in case of Mabanag v Lopez Vito)
50
Q

Requirement for ratification of amendment or revision of the Constitution as provided by Sec.4 Art XVII of the Constitution

A

Majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the approval of such amendment or revision

51
Q

“approval of such amendment of revision” in Sec.4 Art XVII of the Constitution also means?

A

Certification by the COMELEC of the sufficiency of the petition

52
Q

Chronological order of the Constitutions recognized (4)

A
  1. Commonwealth Constitution (1935)
  2. 1973 Constitution (1973)
  3. Freedom Constitution (1986)
  4. 1987 Constitution (1987 - Present)
53
Q

Number of articles of the 1987 Constitution

A

Eighteen (18)

54
Q

What is The Constitution?

A

It is the basic and paramount law to which all other laws must conform and to which all persons, including the highest officials of the land, must defer. No act shall be valid, however noble its intentions, if it conflicts with the Constitution.
It is the supreme law of the land

Constitution Law 1 - AQ (2 decks)

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