Territory, People, And Government Flashcards

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1
Q

What is the native title doctrine?

A

Land presumed to have been owned by individuals since as far as memory or testimony goes never formed part of the public land

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2
Q

What is the Regalian doctrine?

A

No land of public domain shall be alienable

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3
Q

Who are citizens of the Philippines under the 1987 Constitution?

A

Citizens of the Philippines at the time of the adoption of the Constitution
Those whose fathers and mothers are citizens of the Philippines
Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority
Those who are naturalized in accordance with law

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4
Q

Who are natural-born citizens of the Philippines?

A

Citizens of the Philippines from birth who did not have to perform any act to acquire or perfect their Philippine citizenship

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5
Q

What is the principle of jus sanguinis?

A

Acquisition of citizenship by blood relationship

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6
Q

What is the process of election of citizenship?

A

Election must be expressed through a statement sworn before any officer authorized to administer oats
Statement must be filed with the nearest civil registry
Statement must be accompanied by an oath of allegiance to the Philippine Constitution

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7
Q

How is a citizen naturalized?

A

General naturalization law (C.A. 473)
Special naturalization law passed by Congress
Mass naturalization (Philippine Bill of 1902)
L.O.I. 270 for a limited period
Administrative naturalization law (R.A. 9139)

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8
Q

How can a Filipino lose or regain his citizenship?

A

Naturalization in a foreign country
Express renunciation or expatriation
Taking an oath of allegiance to another country upon reaching the age of majority
Accepting commission and serving in the armed forces of another country
Denaturalization
Being found by final judgment to be a deserter of the AFP
Marriage by a Filipino woman to an alien, if by the laws of the husband’s country, she becomes a citizen thereof

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9
Q

Who may exercise suffrage?

A

All citizens of the Philippines who are at least 18 years of age and who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote, for at least six months immediately preceding the election
Qualified Filipinos abroad

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10
Q

What requirements shall not be imposed on the exercise of suffrage?

A

Literacy, property, or other substantive requirements

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11
Q

What constitutes residency insofar as election laws are concerned?

A

Residence or bodily presence in the locality

An intention to return

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12
Q

What are the qualifications for an immigrant or permanent resident abroad to vote under the Overseas Absentee Voting Law?

A

Provided that he shall resume actual physical permanent residence in the Philippines not later than 3 years from approval of his registration and that he has not applied for citizenship in another country

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13
Q

What are constituent functions?

A

Functions that are compulsory in nature, constitute the very bonds of society (i.e. public order, contract laws, administration of justice)

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14
Q

What are ministrant functions?

A

Functions that are optional in nature and advance the general interest of society (public works, charity)

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15
Q

What is a de jure government?

A

Government by right of law

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16
Q

What is a de facto government?

A

Government by fact, it actually exercises power or control without legal title

17
Q

What is parens patriae?

A

The power to intervene and act as parent to a child or individual in need of protection

18
Q

How may the State be sued?

A

Express (legislation)
Implied (State sued first, entered into a contract, and when it is inequitable for the State to invoke immunity from suit)

19
Q

What is police power?

A

Power of the state (coextensive with the self-protection of the state) to provide regulations to promote peace, order, health, designed to restrain certain rights of individuals for the common welfare of all the inhabitants of the state

20
Q

What is the purpose of the State’s immunity from suit?

A

To ensure that the State does not have to respond to a flood of suits