midterm Flashcards

1
Q
are the enforced proportional
contributions from persons and property,
levied by the state by virtue of its
sovereignty, for the support of the
government and for all public needs
A

taxes

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2
Q
derives from
the unavoidable obligation of the
government to protect the people and
extend them benefits in the form of public
projects and services.
A

importance of taxes/taxation

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3
Q

true or false: The obligation to pay taxes is not based on

contract.

A

true

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4
Q

true or false: The power of taxation reaches even
the citizen abroad and his income
earned from sources outside the
State.

A

TRUE

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5
Q

it occurs when additional taxes are laid on
the same subject by the same taxing jurisdiction
during the same taxing period and for the same
purpose.

A

double taxation

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6
Q
refers to “
that body of rules and
maxims in accordance
with which the powers of
sovereignty are
habitually exercised.
A

constitution

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7
Q
a written instrument
enacted by direct action of
the people by which the
fundamental powers of the
government are
established, limited and
defined, and by which
those powers are
distributed among the
several departments for
their safe and useful
exercise for the benefit of
the body politic.” - justice malcolm
A

constitution

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8
Q
true or false: The Constitution 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
A

true

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9
Q

3 classifications of constitution

A

written/unwritten, conventional/cumulative, rigid/flexible

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10
Q

is one
whose precepts are embodied
in one document or set of
documents.

A

written constitution

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11
Q
s
consist of rules which have not
been integrated into a single,
concrete form but are scattered
in various sources, such as
statutes, judicial decisions,
commentaries of publicists,
customs and traditions.
A

unwritten consitution

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12
Q
is an
enacted constitution, formally
“struck off” at a definite time and
place following a conscious or
deliberate effort taken by a
constituent body or ruler.
A

conventional constitution

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13
Q
is the
result of political evolution, not
inaugurated at any time but
changing by accretion rather by
systematic method.
A

cumulative constitution

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14
Q

is one
that can be amended
only by a formal and
usually difficult process

A

rigid constitution

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15
Q

is one that
can be changed by
ordinary legislation.

A

flexible constitution`

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16
Q

A good written constitution

must be:

A

broad, brief, definite

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17
Q
It must be\_\_\_\_\_\_\_ not only
because it provides for the
organization of the entire
government and covers all
persons and things within the
territory of the State but more
so because it is supposed to
embody the past, reflect the
present and to anticipate the
future.
A

broad

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18
Q
It must be \_\_\_\_\_\_ and
confine itself to basic
principles to be
implemented with
legislative details more
adjustable to change
and easier to amend.
A

brief

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19
Q

It must be clear or _____
to avoid confusion and
divisiveness among the
people.

A

definite

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20
Q

A good written constitution
contains three essential
substantive parts.

A

constitution of liberty, constitution of government, constitution of sovereignty

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21
Q
consists of prescriptions
setting forth the fundamental
civil and political rights of the
citizens and imposing
limitations on the powers of
the government as a means
of securing the enjoyment of
those rights.
● These are found in Article II,
III, IV, V and XII.
A

constitution of liberty

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22
Q
consists of series of
provisions outlining the
organization of the
government, enumerating
its powers, laying down
certain rules relative to its
administration, and defining
the electorate. These are
found in Articles VI to XI
A

constitution of government

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23
Q
consists of the provisions
pointing out the mode or
procedure in accordance with
which formal changes in the
fundamental law may be
brought.
● These are found in Article
XVII.
A

constitution of sovereignty

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24
Q

is membership in a political community with all its rights and
responsibilities. Whether natural-born or naturalized, this status
confers upon the individual certain prerogatives which may be
denied the alien.

A

citizenship

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25
Q

methods of acquiring citizenship

A

birth, naturalization, mixed marriage

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26
Q

The most common method of acquisition of citizenship, either

under the jus sanguinis or the jus soli.

A

birth`

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27
Q

Citizenship is conferred under the

first principle by virtue of blood relationship

A

jus sanguinis

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28
Q

under the second

principle, by virtue of the place of birth.

A

jus soli

29
Q

For example, a child born to a

Filipino father is a citizen of the Philippines, what kind of principle?

A

jus sanguinis

30
Q

the child was born in the United

States, he could also claim American citizenship

A

jus soli

31
Q

Those who are citizens of the Philippines from birth
without having to perform any act to acquire or perfect
their Philippine citizenship.

A

natural born filipino citizen

32
Q

is a process by which a foreigner acquires,
voluntarily or by operation of law, the citizenship of another
state. may be direct or derivative.

A

naturalization

33
Q

Direct naturalization is effected by

A

individual proceedings, by special act of legislature, by collecting change of nationality, by adoption or orphan minors

34
Q

Derivative naturalization is conferred

A

on the wife of naturalized husband, on the minor children of naturalized parents, on the alien woman upon marriage to a national

35
Q

Under the old rule, a Filipino woman who marries an alien forfeits her
Philippine citizenship IF under the laws of her husband’s state she was
required to follow his citizenship. For example, a Filipino woman marries a
Chinese, she automatically becomes a Chinese herself. But this rule has been
reversed by Art. 4, sec. 4 of the Constitution, “ Citizens of the Philippines who
marry aliens shall retain their Philippine citizenship unless by their act or
omission, they are deemed to have renounced it.

A

mixed marriage

36
Q

LOSS OF PHILIPPINE CITIZENSHIP

A

by naturalization in a foreign country, express renunciation of citizenship, By subscribing to an oath of allegiance to support the Constitution of a foreign country, By rendering service or accepting commission in the armed forces of a foreign country, By cancellation of the certificate of naturalization.

37
Q

Refers to set of prescriptions setting the fundamental civil
and political rights of an individual and imposing limitations
on the powers of the government.

A

bill of rights

38
Q

are those rights that belong to every
citizen of the state like the right to property,
marriage, equal protection of laws, etc

A

civil rights

39
Q

includes the right to participate in the establishment or
administration of government like right to suffrage or to hold public
office.

A

political rights

40
Q

s a guaranty against any arbitrariness on
the part of the government whether committed by the
legislature, executive and judiciary.
• It covers all persons – natural and artificial, natural
persons include aliens.

A

due process

41
Q

is not necessarily unconstitutional, what makes it
unconstitutional is the deprivation of life, liberty or property without
due process of law.

A

deprivation

42
Q

true or false: A person’s life may be validly claimed by law when he is
required to render services in defense of the state, imprisoned due
to the commission of heinous crime, or when a person is afflicted
with communicable disease is confined in a hospital

A

true

43
Q

Refers to the freedom to do right and never wrong.
•A person is free to act but he may do so in such a
manner not to injure the rights of others.

A

liberty

44
Q

s anything that comes under the
right of ownership and be a subject of
contract.

A

property

45
Q

It simply requires that all persons/things similarly
situated should be treated alike, both as to rights
conferred and responsibilities imposed.

A

equal protection of the laws

46
Q

Grouping of persons/things similar to each other in
certain particulars and different from all others in
some particulars.

A

classification

47
Q

◦It refers to the right and obligation of a qualified
citizens to vote in the election of certain
national and local officers of the government
and in the decision of public questions
submitted to the people

A

suffrage

48
Q

true or false: SUFFRAGE is a privilege

A

true

49
Q

true or false: suffrage is a civil right

A

false: it is a political right

50
Q

It is a means by which the people choose
their officials for definite and fixed periods
and for whom they entrust the exercise of
powers of the government

A

election

51
Q

A name given to a vote of the people expressing their
choice for or against a proposed law or enactment
submitted to them.

A

plebiscite

52
Q

Submission of a law or part thereof
passed by the national or local
legislative body for their ratification or
rejection.

A

referendum

53
Q

◦It is a process whereby the people directly

propose and enact laws.

A

initiative

54
Q

A method by which a public officer may be
removed from office during his tenure or
before the expiration of his tenure

A

recall

55
Q

qualifications of a voter

A

◦He must be a citizen of the Philippines.
◦Not otherwise disqualified by law.
◦At least 18 years old.
◦Resided in the Philippines for at least one year and in the
place where he proposed to vote for at least 6 months
immediately preceding the lection.

56
Q

disqualified to vote:

A

Any person who has been sentenced by final judgment to
suffer imprisonment for not less than one year.
◦Any person who has been adjudged by final judgment or
competent court of having committed any crime involving
disloyalty to the government such as rebellion, sedition,
violation of anti-subversion and firearms laws or crimes
against the national security.
◦Those who are insane or incompetent persons.

57
Q

Art. 6, section 1 of the 1987 Philippine Constitution states
that, _________ shall be vested in the Congress which
shall consist of a Senate and the House of Representatives.

A

legislative power

58
Q

composed of 24 senators, who

shall be elected at large.

A

senators

59
Q

qualifications of a senator

A

◦Natural-born Filipino citizen
◦At least 35 years old on the day of election
◦Able to read and write
◦Registered voter
◦Resident of the Philippines for not less than 2 years.

60
Q

term office of the senators

A

6 years

61
Q

true or false: No Senator shall serve for

more than two consecutive terms.

A

true

62
Q

shall be composed of
not more than 250 (unless otherwise fixed by law), 20
percent of whom must be Party-list representatives

A

house of representatives

63
Q

qualification of a house of representatives

A

◦Natural-born Filipino citizen
◦At least 25 years old on the day of election
◦Able to read and write
◦Registered voter in the district in which he shall be
elected
◦A resident thereof for a period of not less than 1 year
immediately preceding the election.

64
Q

qualification of a house of representatives

A

◦Natural-born Filipino citizen
◦At least 25 years old on the day of election
◦Able to read and write
◦Registered voter in the district in which he shall be
elected
◦A resident thereof for a period of not less than 1 year
immediately preceding the election.

65
Q

true or false: No Member of the House of
Representatives shall serve for more than three consecutive
terms.

A

true

66
Q

article 6, section 8 : held on the second Monday

of May.

A

day of election

67
Q

Art. 6, sec 9 of the Constitution
◦In case of vacancy in the Senate or in the House of
Representatives, a _______ may be called to
fill such vacancy in the manner prescribed by law, but
the Senator or Member of the House of
Representatives thus elected shall serve only for the
unexpired term.

A

special election

68
Q

A Senator or member of the HOR shall, in
all offenses punishable by not more than 6
years imprisonment, be privileged from
arrest while Congress is in session.

A

freedom from arrest

69
Q

No Member shall be questioned nor be held
liable in any other place for any speech or
debate in Congress.

A

freedom of speech and of debate