midterm Flashcards
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
taxes
derives from the unavoidable obligation of the government to protect the people and extend them benefits in the form of public projects and services.
importance of taxes/taxation
true or false: The obligation to pay taxes is not based on
contract.
true
true or false: The power of taxation reaches even
the citizen abroad and his income
earned from sources outside the
State.
TRUE
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.
double taxation
refers to “ that body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised.
constitution
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
constitution
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
true
3 classifications of constitution
written/unwritten, conventional/cumulative, rigid/flexible
is one
whose precepts are embodied
in one document or set of
documents.
written constitution
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.
unwritten consitution
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.
conventional constitution
is the result of political evolution, not inaugurated at any time but changing by accretion rather by systematic method.
cumulative constitution
is one
that can be amended
only by a formal and
usually difficult process
rigid constitution
is one that
can be changed by
ordinary legislation.
flexible constitution`
A good written constitution
must be:
broad, brief, definite
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.
broad
It must be \_\_\_\_\_\_ and confine itself to basic principles to be implemented with legislative details more adjustable to change and easier to amend.
brief
It must be clear or _____
to avoid confusion and
divisiveness among the
people.
definite
A good written constitution
contains three essential
substantive parts.
constitution of liberty, constitution of government, constitution of sovereignty
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.
constitution of liberty
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
constitution of government
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.
constitution of sovereignty
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.
citizenship
methods of acquiring citizenship
birth, naturalization, mixed marriage
The most common method of acquisition of citizenship, either
under the jus sanguinis or the jus soli.
birth`
Citizenship is conferred under the
first principle by virtue of blood relationship
jus sanguinis
under the second
principle, by virtue of the place of birth.
jus soli
For example, a child born to a
Filipino father is a citizen of the Philippines, what kind of principle?
jus sanguinis
the child was born in the United
States, he could also claim American citizenship
jus soli
Those who are citizens of the Philippines from birth
without having to perform any act to acquire or perfect
their Philippine citizenship.
natural born filipino citizen
is a process by which a foreigner acquires,
voluntarily or by operation of law, the citizenship of another
state. may be direct or derivative.
naturalization
Direct naturalization is effected by
individual proceedings, by special act of legislature, by collecting change of nationality, by adoption or orphan minors
Derivative naturalization is conferred
on the wife of naturalized husband, on the minor children of naturalized parents, on the alien woman upon marriage to a national
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.
mixed marriage
LOSS OF PHILIPPINE CITIZENSHIP
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.
Refers to set of prescriptions setting the fundamental civil
and political rights of an individual and imposing limitations
on the powers of the government.
bill of rights
are those rights that belong to every
citizen of the state like the right to property,
marriage, equal protection of laws, etc
civil rights
includes the right to participate in the establishment or
administration of government like right to suffrage or to hold public
office.
political rights
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.
due process
is not necessarily unconstitutional, what makes it
unconstitutional is the deprivation of life, liberty or property without
due process of law.
deprivation
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
true
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.
liberty
s anything that comes under the
right of ownership and be a subject of
contract.
property
It simply requires that all persons/things similarly
situated should be treated alike, both as to rights
conferred and responsibilities imposed.
equal protection of the laws
Grouping of persons/things similar to each other in
certain particulars and different from all others in
some particulars.
classification
◦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
suffrage
true or false: SUFFRAGE is a privilege
true
true or false: suffrage is a civil right
false: it is a political right
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
election
A name given to a vote of the people expressing their
choice for or against a proposed law or enactment
submitted to them.
plebiscite
Submission of a law or part thereof
passed by the national or local
legislative body for their ratification or
rejection.
referendum
◦It is a process whereby the people directly
propose and enact laws.
initiative
A method by which a public officer may be
removed from office during his tenure or
before the expiration of his tenure
recall
qualifications of a voter
◦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.
disqualified to vote:
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.
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.
legislative power
composed of 24 senators, who
shall be elected at large.
senators
qualifications of a senator
◦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.
term office of the senators
6 years
true or false: No Senator shall serve for
more than two consecutive terms.
true
shall be composed of
not more than 250 (unless otherwise fixed by law), 20
percent of whom must be Party-list representatives
house of representatives
qualification of a house of representatives
◦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.
qualification of a house of representatives
◦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.
true or false: No Member of the House of
Representatives shall serve for more than three consecutive
terms.
true
article 6, section 8 : held on the second Monday
of May.
day of election
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.
special election
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.
freedom from arrest
No Member shall be questioned nor be held
liable in any other place for any speech or
debate in Congress.
freedom of speech and of debate
