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CONSTI > LESSONS PRELIM > Flashcards

LESSONS PRELIM Flashcards

1
Q

is a type of polity that is an organized political community living under a single system of government. States may or may not be sovereign. For instance, federated states are members of a federal union, and may have only partial sovereignty, but are, nonetheless, states.

A

state

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2
Q

Body of those written or unwritten fundamental laws which regulate he most important rights of the magistrates and most important essential privileges of the subjects

A

constitution

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3
Q

changes a limited scope or only some parts

A

amendments

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4
Q

change where there is a full alteration

A

revision

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5
Q

Natures or Purpose of Constitutions

A
  • serves a supreme or fundamental laws

- establish basic framework and underlying principles of the govt.

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6
Q

2 kinds of constitutions

A

WRITTEN

UNWRITTEN

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7
Q

definitive written form at particular time

and underwent CONSTITUTIONAL CONVENTION

A

WRITTEN CONSTITUTION

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8
Q

Product of political evolutions bearing different dates

A

UNWRITTEN CONSTITUTION

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9
Q

2 kinds of government

A

de jure

de facto

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10
Q

de jure government

A

legitimate and supported by constitution. (to describe something that exists legally)

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11
Q

de facto

kind of government

A

illegitimate supported by people, not by constitution or international identities. (which means “by fact, or “by practice.”) if gained PLEBISCITE (wide acceptance)

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12
Q

Principle of state continuity

A

The state will continue to exist, they will be given time to create a new government.

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13
Q

The components of the territory of the state: (4 domains)

A

terrestrial,
fluvial,
maritime
aerial domains.

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14
Q

The most significant issues by UNCLOS covered were:

A 
setting limits, 
navigation, 
archipelagic status and transit regimes, 
exclusive economic zones (EEZs), 
continental shelf jurisdiction, 
deep seabed mining, 
the exploitation regime, 
protection of the marine environment, scientific research, 
and settlement of disputes.
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15
Q

UNCLOS

A

United Nations Convention on the Law of the Sea

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16
Q

SYMBOLIC HEAD OF STATE with 6 year term

A

President

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17
Q

PRESIDENTIAL CRITERIA

A
  • 40 yrs old
  • Natural born filipino
  • registered voter
  • able to read and write.
  • resided in ph for 10 years
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18
Q

Grounds for impeachment of President

A 
Bribary
Treason
Graft/Corruption
Culpable (blame worthy)
Lost of Public Trust
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19
Q

3 interdependent branches of the government

A

Legislative
Executive
Judiciary

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20
Q

the authority to make laws for a political entity such as a country or city.

A

Legislative branch

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21
Q

Executes and enforces law. It is the organ exercising authority in and holding responsibility for the governance of a state.

A

Executive branch

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22
Q

is the system of courts that interprets and applies the law in the name of the state

A

Judiciary branch

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23
Q

the introductory part of a statute or deed, stating its purpose, aims, and justification.

A

Preamble

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24
Q

The legislative power is vested in the: (BICAMERAL)

A

Congress of the Philippines which consists of the Senate and House of Representatives.

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25
Q

The executive power is vested in the

A

President of the Philippines
Vice President
Cabinet

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26
Q

The judiciary power is vested in the

A 
Supreme Court of the Philippines
lower courts 
special courts
court of tax appeal
PERPETUAL TO DEATH> Regional trial court.
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27
Q

supreme power or authority.

A

sovereignty

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28
Q

Acquisition of sovereignty (land) is by :

A

Accretion
Cession
Conquest
Effective occupation

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29
Q

refers to the physical expansion of an existing territory through geographical processes

A

Accretion

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30
Q

A state may acquire sovereignty over territory if that sovereignty is ceded (transferred) to it by another state.
ex. treaty

A

Cession

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31
Q

Direct annexation, the acquisition of territory by way of force, was historically recognised as a lawful method for acquiring sovereignty over newly acquired territory before the mid-1700s. By the end of the Napoleonic period however, invasion and annexation ceased to be recognized by international law and were no longer accepted as a means of territorial acquisition.

A

Conquest

32
Q

is the control of free newly discovered. territory exercised by a power with no sovereign title to the land, whether in defiance or absence of a proper sovereign.

A

Effective occupation

33
Q

“the most decorated war hero in the Philippines” DICTATOR. ruled under martial law from 1972 until 1981. President of the Philippines from 1965 to 1986

A

Ferdinand Emmanuel Edralin Marcos, Sr.

34
Q

Is a Filipino politician and jurist who is the 16th and current President of the Philippines.

A

Rodrigo “Rody” Roa Duterte

35
Q

pinamamahalaan (component/voter/people)

A

Constituents

36
Q

Constituent assembly is composed of the

A

congress

37
Q

ARTICLE XVII

Section 1. Any amendment to, or revision of, this Constitution may be proposed by

A

(1) The Congress, upon a vote of THREE-FOURTHS of its members; or
(2) A constitutional convention.

38
Q

is a gathering for the purpose of writing a new constitution or revising an existing constitution.

A

constitutional convention

39
Q

ARTICLE XVII
No amendment under this section shall be authorized within __ years following the ratification of this Constitution nor oftener than once every __ years thereafter.

A

FIVE (5)

40
Q

ARTICLE XVII
Section 4. Any amendment to, or revision of, this Constitution under Section 1 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held ______ after the approval of such amendment or revision.

A

Not earlier than sixty days nor later than ninety days.

“60-90 days”

41
Q

Classification and Forms of Constitution

According to Origin

A

Conventional or Enacted - one which is enacted by a constituent assemble or “granted by a ruler” to his subjects.

Cumulative or evolved - one which is a product of growth or a long period of development origination in “customs, traditions,” judicial decisions, and others, rather than from a deliberate and formal enactment

42
Q

Classification and Forms of Constitution

According to form:

A

Written - one which has been given definite written form at a particular time.

Unwritten - one which is entirely the product of political evolution, consisting largely of a mass of customs, usages and judicial decisions, and statutory enactments.

43
Q

Classification and Forms of Constitution

According to difficulty of amendment or revision

A

Rigid or inelastic - one which cannot be amended or altered except by some special machinery more cunbrous than the ordinary legislative process.

Flexible or elastic - one which may be altered in the same way as other laws.

44
Q

Section 7. The State shall pursue an independent foreign policy. In its relations with other states, the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination.

A

Republic Act No. 7157, This Act shall be known as the “Philippine Foreign Service Act of 1991.”

45
Q

Section 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.

A

Republic Act No. 10697, This Act shall be known as the “Strategic Trade Management Act (STMA)”. It is declared a policy of the State to be free from Weapons of Mass Destruction (WMD) in its territory

46
Q

Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all.

A

Republic Act No. 10532, This Act shall be known as the “Philippine National Health Research System Act of 2013”. It is hereby declared the policy of the State to protect and promote the right to health of the people, instill health consciousness among them and improve the quality of life of every Filipino through health research and development initiatives.

47
Q

Section 10. The State shall promote social justice in all phases of national development.

A

Republic Act No. 1161, as amended, otherwise known as the “Social Security Law”, It is the policy of the Republic of the Philippines to establish, develop, promote and perfect a sound and viable tax-exempt social security service suitable to the needs of the people throughout the Philippines which shall promote social justice and provide meaningful protection to members and their beneficiaries against the hazards of disability, sickness, maternity, old age, death, and other contingencies resulting in loss of income or financial burden.

48
Q

Section 11. The State values the dignity of every human person and guarantees full respect for human rights.

A

Republic Act No. 10368, Otherwise known as the “Human Rights Victims Reparation and Recognition Act of 2013”. Section 11 of Article II of the 1987 Constitution of the Republic of the Philippines declares that the State values the dignity of every human, person and guarantees full respect for human rights.

49
Q

Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government.

A

Republic Act No. 10354, This Act shall be known as “The Responsible Parenthood and Reproductive Health Act of 2012”. The State recognizes and guarantees the human rights of all persons including their right to equality and nondiscrimination of these rights, the right to sustainable human development, the right to health which includes reproductive health, the right to education and information, and the right to choose and make decisions for themselves in accordance with their religious convictions, ethics, cultural beliefs, and the demands of r esponsible parenthood.

50
Q

Section 13. The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.

A

Republic Act No. 8044, Otherwise known as the “Youth in Nation-Building Act”. The State recognizes its responsibility to enable the youth to fulfill their vital role in nation-building and hereby establishes the National Comprehensive and Coordinated Program on Youth Development

51
Q

Section 14. The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.

A

Republic Act No. 7192, This Act shall be cited as the “Women in Development and Nation Building Act.” The State recognizes the role of women in nation building and shall ensure the fundamental equality before the law of women and men. The State shall provided women rights and opportunities equal to that of men.

52
Q

Section 15. The State shall protect and promote the right to health of the people and instill health consciousness among them.

A

Republic Act No. 7394, otherwise known as the “Consumer Act of the
Philippines,” was enacted to protect the interests of the consumer, promote his
general welfare, and to establish standards of conduct for business and industry.

53
Q

Section 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.

A

Republic Act No. 9729, This Act shall be known as the “Climate Change Act of 2009”. It is the policy of the State to afford full protection and the advancement of the right of the people to a healthful ecology in accord with the rhythm and harmony of nature. I

54
Q

Section 17. The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development.

A

Republic Act No. 10390, This Act shall be known as “An Act Revitalizing the People’s Television Network, Incorporated”. In consonance with the Constitutional recognition of the vital role of communication and information in nation-building, and the important aspect played by the broadcasting industry, it is hereby declared as the policy of the State to:

55
Q

Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.

A

Republic Act No. 10771, This Act shall be known as the “Philippine Green Jobs Act of 2016”.

Affirm labor as a primary social economic force in promoting sustainable development;

56
Q

Section 19. The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos.

A

Republic Act No. 7721, The State shall develop a self-reliant
and independent national economy effectively controlled by Filipinos and
encourage, promote, and maintain a stable, competitive, efficient, and
dynamic banking and financial system that will stimulate economic growth,
attract foreign investments, provide a wider variety of financial services to
Philippine enterprises, households and individuals, strengthen linkages with
global financial centers, enhance the country’s competitiveness in the
international market and serve as a channel for the flow of funds and
investments into the economy to promote industrialization.

57
Q

Section 20. The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments.

A

Republic Act No. 10708, This Act shall be known as “The Tax Incentives Management and Transparency Act (TIMTA)”. I

58
Q

Section 21. The State shall promote comprehensive rural development and agrarian reform.

A

Republic Act No. 10618, This Act shall be known as the “Rural Farm Schools Act”. It is hereby declared to be the policy of the State to protect and promote the right of all citizens to quality education at all levels and take appropriate steps to make such education accessible to all.

59
Q

Section 22. The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development.

A

The State shall protect the rights of ICCs/IPs to their ancestral domains to ensure their economic, social and cultural well being and shall recognize the applicability of customary laws governing property rights or relations in determining the ownership and extent of ancestral domain;

60
Q

Section 23. The State shall encourage non-governmental, community-based, or sectoral organizations that promote the welfare of the nation.

A

Republic Act No. 10693, This Act shall be known as the “Microfinance NGOs Act”. It is hereby declared the policy of the State to pursue a program of poverty eradication wherein poor Filipino families shall be encouraged to undertake entrepreneurial activities to meet their minimum basic needs including income security.

61
Q

Section 24. The State recognizes the vital role of communication and information in nation-building.

A

Republic Act No. 10844, This Act shall be known as the “Department of Information and Communications Technology Act of 2015”. Declaration of Policy.

62
Q

Section 25. The State shall ensure the autonomy of local governments.

A

Republic Act No. 7160, otherwise known as the Local Government Code of 1991.

63
Q

Section 26. The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law.

A

Republic Act No. 10742, This Act shall be known as the “Sangguniang Kabataan Reform Act of 2015” Declaration of State Policies and Objectives. – The State recognizes the vital role of the youth in nation-building .

64
Q

Section 27. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption.

A

Republic Act No. 3019, also known as “ANTI-GRAFT AND CORRUPT PRACTICES ACT” It is the policy of the Philippine Government

65
Q

Section 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.

A

Republic Act No. 10173, This Act shall be known as the “Data Privacy Act of 2012”. Declaration of Policy. – It is the policy of the State to protect the fundamental human right of privacy, of communication while ensuring free flow of information to promote innovation and growth.

66
Q

Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.

A

STUDY ARTICLE 2 PRINCIPLES

67
Q

Section 2. 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.

A

STUDY ARTICLE 2 PRINCIPLES

68
Q

Section 3. 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.

A

STUDY ARTICLE 2 PRINCIPLES

69
Q

Section 4. 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.

A

STUDY ARTICLE 2 PRINCIPLES

70
Q

Section 5. 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.

A

STUDY ARTICLE 2 PRINCIPLES

71
Q

Section 6. The separation of Church and State shall be inviolable.

A

STUDY ARTICLE 2 PRINCIPLES

72
Q

the 1987 constitution of the republic of the philippines – 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.

73
Q

4 ELEMENTS OF STATE

A

A state is an organization of human beings living together as a community.

Territory is a geographical area that is owned and controlled by a government or country toexercise such state sovereignty

The government is the executive branch of the state and has the role to administer the state

Sovereignty is the quality of having supreme, independent authority over a territory

74
Q

The constitution the PH is using

A

1987 CONSTITUTION

75
Q

the president can be out of his position by

A

death
incapacity
impeach
resigns

CONSTI (5 decks)

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