Reviewer Syllabus-based

Question 1

Definition of the Constitution

Answer 1

Document/System of the fundamental law of the State. It is Supreme, Imperious, Absolute and Unalterable

Question 2

The Constitution is also defined as

Answer 2

The Supreme and Fundamental Law of the Land

Question 3

The Constitution prescribes…

Answer 3

The permanent framework of the nation, assigns the powers and duties of government instrumentalities and establishes fixed principles on which the government is founded

Question 4

What is the constitution of the Philippines

Answer 4

Written, Rigid and Conventional

Question 5

Nature of the Constitution

Answer 5

Constitution of: Liberty (III), Government (VI-IX) and Sovereignty (XVII)

Question 6

Basic Principles of Constitutional Construction

Answer 6

Verba Legis, Ratio Legis Est Anima and Ut magis valeat quam pereat

Question 7

Verba Legis

Answer 7

ordinary meaning except where technical
terms are employed

Question 8

Ascertainment of Intent

Answer 8

One fundamental principle of constitutional
construction is that the intent of the framers

Question 9

In case of doubt, the provisions should be
considered:

Answer 9

Self-Executing, Mandatory rather than directory or prospective rather than retroactive

Question 10

Doctrine of Constitutional Supremacy

Answer 10

If a law or a contract violates any norm of the
Constitution, that law or contract, whether promulgated by the legislative or executive branch of the government or entered into by private persons for
private purposes, is null and void, and without any
force and effect. Since the Constitution is the
fundamental and supreme law of the land, it is deemed written in every statute and every contract.
(NACHURA)

Question 11

Definition of Self-Executing Provisions

Answer 11

provisions which are
complete in itself and become operative
without the aid of supplementary or enabling
legislation

Question 12

Non-Self-Executing -

Answer 12

provisions which lay
down a general principle.

Question 13

Manila Prince Hotel vs. GSIS

Answer 13

Re: Doctrine of Constitutional Supremacy

Question 14

May the constitution be a amended or revised?

Answer 14

Yes. According to Art. XVII, . Any amendment to, or revision of, this
Constitution may be proposed by:
1. Constitutional Assembly
2. A constitutional convention
3. People’s Initiative

Question 15

Constitutional Assembly

Answer 15

Amendment or revision may be proposed by the Congress upon 3/4 vote

Question 16

Constitutional Convention

Answer 16

People will vote for delegates to represent them in the amendment or revision of the consti. By 2/3 vote of the congress

Question 17

People’s Initiative

Answer 17

Consti may be amended through plebiscite of the 12% of the total number of registered voters. Of which every legislative district must be represented of at least 3 percent.

Question 18

Can the calling of such convention be questioned?

Answer 18

Yes. By majority vote of its members

Question 19

When can an amendment be valid?

Answer 19

After the approval if Con Ass or ConCon and/or certification by the Comelec of the
sufficiency of the petition if (PI) when ratified by a majority of the votes
cast in a plebiscite which shall be held not earlier than
sixty days nor later than ninety day.

Question 20

What article in the constitution pertain to the Amendments and Revision?

Answer 20

Article XVII

Question 21

Amendment versus Revision.

Answer 21

Amendment
● An alteration of one or a few specific
separable provisions of the Constitution

Revision
A re-examination of the entire Constitution
or of provisions which have over-all
implications for the entire Constitution

Question 22

Test to know if whether it is an amendment or revision

Answer 22

2-part test: evision
● A re-examination of the entire Constitution
or of provisions which have over-all
implications for the entire Constitution

Question 23

Art. 1 of the 1987 Philippine Constitution

Answer 23

National Territory

Question 24

Archipelagic doctrine of territoriality.

Answer 24

The waters around,
between, and connecting the islands of the archipelago,
regardless of their breadth and dimensions, form part of the
internal waters of the Philippines.

Question 25

Under
traditional international law typology, States acquire (or
conversely, lose)territory through

Answer 25

1. occupation,
2. accretion,
3. cession and
4. prescription

Question 26

True of False. UNCLOS III has nothing to do with the acquisition (or
loss) of territory.

Answer 26

True. It is a multilateral treaty regulating,
among others, sea-use rights over maritime zones, i.e.,
1. the territorial waters [12 nautical miles from the
baselines],
2. contiguous zone [24 nautical miles from the
baselines],
3. exclusive economic zone [200 nautical miles from
the baselines]), and

Question 27

State Immunity

Answer 27

Art XVI. The State may NOT be sued without
its consent.

Question 28

doctrine of separation of powers

Answer 28

underlying principle that constitutes the bedrock of our
system of checks and balances in government.

Question 30

Principle of Comity

Answer 30

the practice of voluntarily observing
inter-departmental courtesy in undertaking their
assigned constitutional duties for the harmonious
working of government.

Question 31

How does the court exercise its powers of the other branches of the government

Answer 31

Judicial Review

Question 32

While the doctrine appears to prohibit only suits against
the state without its consent, does it also apply to
complaints filed against officials of the state?

Answer 32

Yes. But only for acts
allegedly performed by them in the discharge of their
duties.

Question 33

Restrictive rule of state immunity

Answer 33

state
immunity extends only to acts jureimperii. sovereign and governmental acts and not private, commercial and proprietary acts (jure gestionis)