THE PREAMBLE Flashcards

1
Q

PREAMBLE

A
  • It is from the Latin word “preambulare” meaning
    “to walk before.”
  • The preamble is the prayer of the Filipino people
  • Based on the social contract theory a contract
    between the people and the government to
    promote the common gooD
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2
Q

RECITE PREAMBLE

A

We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and
democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.

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3
Q

ARTICLE 1

A

NATIONAL TERRITORY

The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories
over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea,
the seabed, the subsoil, the insular shelves, and other submarine areas. 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

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4
Q

UNCLOS

A
  • United Nations Convention on the Laws of the Sea
  • This governs the territorial jurisdiction of all archipelagic states
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5
Q

ITLOS

A
  • International Tribunal on the Laws of the Sea
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6
Q

ARTICLE 2

A

DECLARATION OF PRINCIPLES AND STATE POLICIES PRINCIPLES

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7
Q

STATE

A

A state is a community of persons more or less numerous,
permanently occupying a definite portion of territory,
independent of external control, and possessing an
organized government to which the great body of
inhabitants render habitual obedience.

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8
Q

ELEMENTS OF THE STATE

A
  1. People
  2. Territory
  3. Government
  4. Sovereignty
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9
Q

ARTICLE 3

A

BILL OF RIGHTS

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10
Q

CLASSIFICATION OF RIGHTS

A
  1. Natural Rights
    2.Constitutional Rights
  2. Statutory Rights
  3. Political rights
  4. Civil Rights
  5. Social and economic rights
  6. Rights of the Accused
  7. Human rights
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11
Q

NATURAL RIGHTS

A
  • rights posessed of a person as a creation of God

Ex: right to love, right to live

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12
Q

CONSTITUTIONAL RIGHTS

A
  • rights granted and protected by a constitution, cannot be modified/replaced by the law making body
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13
Q

STATUTORY RIGHTS

A
  • rights provided by laws from the lawmaking body and may abolished by the same body

Ex: maternity leave

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14
Q

POLITICAL RIGHTS

A

rights of the citizen, power to participate establishment/administration

Ex: Citizanship, Suffrage

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15
Q

CIVIL RIGHTS

A

rights of citizen to enjoy their means of happiness/ development
Ex: Travel, property

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16
Q

SOCIAL AND ECONOMIC RIGHTS

A

rights intended to ensure the well-being and economic security of the individual.

17
Q

RIGHTS OF THE ACCUSED

A

rights intended to protect the person accused of any crime

18
Q

HUMAN RIGHTS

A

UNIVERSAL RIGHTS, rights which humans have since she/he exit\st as a human being.

19
Q

5 TYPES OF GOVERNMENT

A

MONARCHY
ARISTOCRACY
PARLIAMENTARY
OLIGARCHY
TRANSITIONAL

20
Q

DOCTRINE HIERARCHY OF RIGHTS

A
21
Q

INHERENT POWERS OF THE STATE

A
22
Q

POLICE POWER

A

most comprehensive
regulates right and liberty for common good

23
Q

POWER OF EMINENT DOMAIN

A

Article 3 Section 9 (1987 Consti)
Private property cannot be taken for public use without compensation

24
Q

EXPROPRIATION

A