Quiz Flashcards
What is the definition of a constitution?
A body of rules and maxims in accordance with which the powers of the sovereign are habitually exercised.
(COOLY, Constitutional Limitations, p. 4)
What does a constitution determine?
The powers and duties of the government and guarantees certain rights to the people.
A constitution is the basic principle and laws of a nation, state, or social group.
How is the constitution described in relation to law?
The highest expression of the law.
What is the purpose of a constitution?
To prescribe the framework of the system or the kind of government that will exist in the state.
What is one of the key functions of a constitution?
It creates the different departments and specifies their respective functions and duties.
What role does a constitution play in government power?
It is the source of the sovereign powers of a government by establishing the fixed, first or basic principles.
What does a constitution promote for the public?
Public welfare, safety, prosperity, health, and happiness of the people.
What is a written constitution?
A constitution in which most of its provisions are embodied in a single formal written document or set of documents.
What is an example of a written constitution?
The United States Constitution.
What is an unwritten constitution?
A constitution which consists of rules that are scattered in various sources and not integrated into a single form.
What is an example of an unwritten constitution?
The English Constitution.
What is an enacted constitution?
A constitution that is formally struck off at a definite time and place following a conscious effort by a constituent body or ruler.
What is an example of an enacted constitution?
The Japanese Constitution of 1889.
What is an evolved constitution?
A constitution which results from political evolution, changing by accretion rather than by a systematic method.
What is an example of an evolved constitution?
The English Constitution.
What is a rigid constitution?
A constitution that can be amended only by a formal and usually difficult process.
What is an example of a rigid constitution?
The Australian Constitution.
What is a flexible constitution?
A constitution that can be altered by the same body that makes ordinary laws of the state.
What is an example of a flexible constitution?
The Israeli Constitution.
What are the essential parts of a good written constitution?
- Constitution of Government
- Constitution of Liberty
- Constitution of Sovereignty
What does the Constitution of Government describe?
The framework of government and its power; it also defines the electorate.
What does the Constitution of Liberty enumerate?
The fundamental rights of the people guaranteed under the constitution.
What does the Constitution of Sovereignty indicate?
The manner of amending or revising the Constitution.
What is the Biak-na-Bato Constitution?
A provisionary constitution promulgated by the Philippine Revolutionary Government on November 1, 1897.
What significant event occurred on June 12, 1898?
Philippine independence was declared.
What was the first democratic government of the Philippines?
The Malolos Republic.
What was the purpose of the Philippine Organic Act of 1902?
To provide for the creation of the Philippine Assembly.
What significant change did the Philippine Autonomy Act of 1916 make?
It replaced the Philippine Commission with a Senate elected by Filipino voters.
What did the Philippine Independence Act of 1934 establish?
Guidelines for drafting a formal constitution via a constitutional convention.
What was the 1935 Constitution’s role in Philippine history?
It served as the fundamental law of the land from 1935 to 1972.
What significant provisions were included in the 1935 Constitution?
- Bill of Rights
- Women’s suffrage
- Creation of a Philippine Armed Forces
- Development of the national language
What interrupted the Commonwealth Government in 1943?
The Second World War and the Japanese Occupation of the Philippines.
What was the purpose of the Commonwealth Government established in 1935?
To show that Filipinos had the capability for self-government
The Commonwealth Government led to the country’s independence a decade later.
What interrupted the Commonwealth Government?
The Second World War and the Japanese Occupation of the Philippines
What role did KALIBAPI play during the Japanese occupation?
Created the Preparatory Committee for Philippine Independence (PCPI) to write a new constitution
When was the 1943 Constitution signed and ratified?
Signed on September 4, 1943 and ratified a few days later
Who was inaugurated as President under the 1943 Constitution?
Jose P. Laurel
What was the nature of the 1943 Constitution?
Transitory and effective only during the duration of the war
What powers were concentrated under the 1943 Constitution?
Powers were concentrated with the President
How was the Bill of Rights characterized in the 1943 Constitution?
Enumerated citizens’ duties and obligations rather than rights
In what areas was the 1943 Constitution recognized as legitimate?
Only in Japanese-controlled areas
When was the 1943 Constitution abolished?
Upon liberation of the Philippines by American forces in August 1945
When did the United States grant independence to the Philippines?
July 4, 1946
What significant event occurred on June 1, 1971?
A Constitutional Convention was convened at the Manila Hotel
What controversial accusation was made during the 1971 Constitutional Convention?
Eduardo Quintero accused Marcos of bribing delegates
What happened on September 21, 1972?
President Marcos declared martial law
When was the 1973 Constitution ratified?
January 17, 1973
What form of government was established by the 1973 Constitution?
Parliamentary form of government
Who was designated as the head of government under the 1973 Constitution?
Prime Minister
What was a significant outcome of the First Amendment to the 1973 Constitution?
The president became the Prime Minister and continued to exercise legislative powers
What did the Third Amendment to the 1973 Constitution restore?
Executive power to the President and direct election of the President
What major political change occurred in February 1986?
The EDSA People Power Revolution toppled the Marcos administration
What was the Freedom Constitution?
A provisional constitution declared by President Aquino on March 24, 1986
What was the task of the Constitutional Commission established in 1986?
To draft a new constitution reflecting the ideals of the Filipino people
What significant provision was included in the 1987 Constitution regarding government structure?
Restoration of a presidential system and a bicameral Congress
What does Article III of the 1987 Constitution detail?
The modified Bill of Rights
What body was created under Section 18, Article XIII of the 1987 Constitution?
Commission on Human Rights
What does the preamble of the 1987 Constitution express?
Aims to build a just and humane society and promote the common good
What are the 18 articles of the 1987 Constitution primarily focused on?
- National Territory
- Declaration of Principles and State Policies
- Bill of Rights
- Citizenship
- Suffrage
- Legislative Department
- Executive Department
- Judicial Department
- Constitutional Commission
- Local Government
- Accountability of Public Officers
- National Economy and Patrimony
- Social Justice and Human Rights
- Education, Science and Technology, Arts, Culture, and Sports
- The Family
- General Provisions
- Amendments and Revision
- Transitory Provisions
What does the Constitution of Government establish?
A presidential form of government with a tripartite system
What powers does the Legislative Department possess?
Power to pass, amend, and repeal laws
What is the composition of the Senate according to the 1987 Constitution?
Twenty-four Senators elected at large
What is the minimum age requirement for a Senator?
Thirty-five years old
What is the composition of the House of Representatives?
Not more than 250 members elected from legislative districts
What is the minimum age requirement for a member of the House of Representatives?
Twenty-five years old
Who is the head of the Executive Department?
The President
What is the term length for the President of the Philippines?
Six years
What is the role of the Vice President?
Supports the President and becomes President if the President is unable to serve
What is the function of the Cabinet?
Acts as the alter ego of the President in executing powers
What is the role of the Judicial Department?
Interprets laws and administers justice
What is the composition of the Supreme Court?
1 Chief Justice and 14 Associate Justices
What does the Court of Appeals review?
Cases elevated from Regional Trial Courts and quasi-judicial agencies
What jurisdiction does the Court of Tax Appeals hold?
Exclusive jurisdiction over disputed tax assessments and related matters
What type of cases does the Sandiganbayan handle?
Cases against government officials accused of graft and corruption
What is the Sandiganbayan responsible for?
The Sandiganbayan tries and decides criminal and civil cases against government officials and employees accused of graft and corruption
The Sandiganbayan is a special court in the Philippines that focuses on cases involving public officials.
Who is responsible for investigating and prosecuting Philippine government officials accused of crimes?
The ombudsman (Samuel Martires)
The ombudsman plays a crucial role in maintaining accountability in the government.
What are the First Level Courts in the Philippine judicial system?
Metropolitan Trial Courts (MeTCs), Municipal Trial Courts in Cities (MTCCs), Municipal Trial Courts (MTCs), Municipal Circuit Trial Courts (MTCCs), Shari’a Circuit Courts (SCC)
These courts handle lower-level cases and are the first point of contact for the judicial system.
What are the Second Level Courts in the Philippine judicial system?
Regional Trial Courts (RTCs), Shari’a District Courts (SCC)
These courts handle more serious cases and appeals from the First Level Courts.
What is the purpose of the Bill of Rights in the 1987 Constitution?
It enumerates the fundamental rights of the Filipino people and sets limits to the government’s power
The Bill of Rights is crucial for protecting individual freedoms and rights from government overreach.
What are the three grounds for the suspension of the writ of habeas corpus?
Invasion, insurrection, rebellion
The suspension of habeas corpus can occur under extreme circumstances affecting national security.
Fill in the blank: Section 1 of the Bill of Rights states the right to _______.
life, liberty, and property
What is the right against unreasonable searches and seizures?
Section 2 of the Bill of Rights
This right protects individuals from arbitrary interference by the government.
What does Section 4 of the Bill of Rights guarantee?
Freedom of Speech, Right to a Free Press, Freedom of Assembly, Right of Petition
These freedoms are essential for a democratic society.
What is the significance of the Non-Impairment Clause in Section 10?
It protects contracts from being impaired by legislation
This clause ensures stability and predictability in legal agreements.
True or False: The right to bail is guaranteed by Section 13 of the Bill of Rights.
True
What is the right to speedy disposition of cases as stated in Section 16?
It ensures that legal cases are resolved in a timely manner
This right aims to prevent prolonged detention and legal uncertainty.
What does sovereignty refer to in the context of the Constitution?
The quality of having independent authority over a geographic area
Sovereignty is essential for a state’s governance and autonomy.
What are the two types of sovereignty?
Internal sovereignty, external sovereignty
Internal sovereignty relates to governing the people, while external sovereignty concerns independence from foreign control.
How can amendments to the 1987 Constitution be proposed?
By Congress (three-fourths vote) or a constitutional convention (two-thirds vote)
Direct proposals by the people through initiative are also allowed under specific conditions.
Fill in the blank: No amendment shall be authorized within _______ following the ratification of the 1987 Constitution.
five years
