Principles and State Policies

Question 1

Preamble? Does not confer?

Answer 1

rights nor impose duties;

Question 2

Preamble: Indicates?

Answer 2

authorship of the Constitution

Question 3

Preamble: Enumerates?

Answer 3

the primary aims and aspirations of the framers;

Question 4

Preamble: Serves as an?

Answer 4

aid in the construction of the Constitution

Question 5

Republicanism?

Answer 5

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

Question 6

Sovereignty resides in?

Answer 6

the people and all government authority emanates from them

Question 7

Essential features of Republicanism?

Answer 7

Representation and renovation

Question 8

Manifestations of Republicanism?

Answer 8

Ours is a government of laws and not of men;
Accountability of public officials;
Bill of Rights;
Legislature cannot pass irrepealable laws; and
Separation of powers.

Question 9

What is the purpose of Separation of powers?

Answer 9

To prevent concentration of authority in one person or group of persons that might lead to an irreversible error or abuse in its exercise to the detriment of republican institutions.

Question 10

Principle of Blending of Powers?

Answer 10

Instances when powers are notconfined exclusively within one department but are assigned to or shared by several departments, e.g., enactment of general appropriations law

Question 11

Principle of Checks and Balances?

Answer 11

This allows one department to resist encroachments upon its prerogatives or to rectify mistakes or excesses committed by the other departments, e.g., veto power of the President as check on improvident legislation, etc..

Question 12

Role of the Judiciary in Checks and Balances?

Answer 12

“includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and

to determine whether or not there has been a grave abuse, of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government

Question 13

When the court mediates to allocate constitutional boundaries or invalidates the acts of a coordinate body, what does it upholds?

Answer 13

what it upholds is not its own superiority but the supremacy of the Constitution

Question 14

The first and safest criterion to determine whether a given power has been validly exercised by a particular department is?

Answer 14

whether or not the power has been constitutionally conferred upon the department claiming its exercise; since the conferment is usually done expressly.

Question 15

in the absence of express conferment, the exercise of the power may be justified under the?

Answer 15

trine of necessary implication

Question 16

doctrine of necessary implication?

Answer 16

Grant of an express power carries with it all other powers that may be reasonably inferred from it.

Question 17

The President’s power to deport undesirable aliens which may be exercised independently of constitutional or statutory authority, because it is an “act of State”. What power is this

Answer 17

Inherent or incidental power.

Question 18

Inherent or incidental power?

Answer 18

powers which although not expressly conferred nor implied therefrom

Question 19

Political and justiciable questions?

Answer 19

A purely justiciable question implies a given right, legally demandable and enforceable, an act or omission violative of such right, and a remedy granted and sanctioned by law for said breach of right”

Question 20

justiciable controversy?

Answer 20

where an action is alleged to infringe the Constitution

Question 21

where an action is alleged to infringe the Constitution

Answer 21

it becomes not only the right but the duty of the judiciary to settle the dispute

Question 22

‘political question’?

Answer 22

connotes what it means in ordinary parlance, namely a question of policy.

Question 23

‘political question’ refers to?

Answer 23

to those questions which, under the Constitution, are to be decided by the people in their sovereign capacity, or

in regard to which full discretionary authority has been delegated to the legislative or executive branch of government

Question 24

Scope of the political question doctrine has been limited by the 2nd paragraph, Sec. 1, Art. VIII, particularly the portion which vests in the judiciary the power?

Answer 24

“to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government”