Topic #2: The Philippine Constitution Flashcards

1
Q

it is the written instrument by which the fundamental powers of the government are established, limited and defined

A

Constitution

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2
Q

Purposes of the constitution

A
  • serves as the supreme or fundamental law
  • establishes basic framework and underlying principles of government
  • protect the rights of the people
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3
Q

Kinds of Constitutions according to their origin and history

A

Conventional or enacted
Cumulative or evolved

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4
Q

it is kind of constitution according to origin and history that is enacted by a constituent assembly

A

conventional or enacted

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5
Q

it is a kind of constitution according to origin and history wherein it is a product of a growth or long period of development originating in customs and traditions rather than a deliberate and formal enactment

A

cumulative or evolved

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6
Q

it is a type of constitution according to their form wherein it has been given definite form at a particular time by a constituted authority

A

written

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7
Q

it is a type of constitution according to their form wherein it is entirely the product of one’s political evolution, consisting of a mass customs, usages and judicial decisions together

A

unwritten

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8
Q

it is a type of constitution according to the manner of how it is going to amended such that it can only be amended through a special machinery more cumbrous than the legislative process

A

rigid or inelastic

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9
Q

it is a kind of constitution wherein it possesses no higher authority than ordinary laws

A

Flexible or elastic

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10
Q

What kind of Constitution is Philippine Constitution?

A

it is classified as conventional or enacted, written, and rigid or inelastic

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11
Q

Who drafted the Philippine Constitution

A

Constitutional Commission

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12
Q

Requisites of a good written constitution according to from

A
  • Brief
  • Broad
  • Definite
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13
Q

Requisites of a good written constitution according to contents

A
  • must outline the framework of the government
  • must set the fundamental rights of the people and limits the powers of the government
  • must set out a procedure for amending or revising the constitution
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14
Q

Three groups of provisions that must be in the constitiution

A
  • Constitution of Government
  • Constitution of Liberty
  • Constitution of Sovereignty
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15
Q

it is the group of provisions that includes the dealing and the framework of government

A
  • Constitution of Government
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16
Q

it is the group of provisions that sets the fundamental rights of the people and impose limitations on the powers of the government

A

Constitution of Liberty

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17
Q

It is a group of provisions that point out the mode or procedure of amending and revising the constitution

A

Constitution of Sovereignty

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18
Q

How many Constitutions were there in the Philippines

A

5

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19
Q

The Constitutions of the Philippines

A

The 1899 Malolos Constitution
The 1935 Philippine Constitution
The 1973 Philippine Constitution
The Provisional (Freedom Constitution)
The 1987 Philippine Constitution

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20
Q

What are the Constitutional Commissions

A

Civil Service Commission
Commission on Audit
Commission on Elections

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21
Q

Persons in taking part in the 1987 Constitution

A
  • Corazon Aquino
  • The Appointed Constitutional Commission
  • The Filipino People (for ratification)
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22
Q

The Organs of Government according to the 1987 Constitution

A
  • Legislative Department
  • Executive Department
  • Judicial Department
  • The Constitutional Commissions
  • The Local Government
  • Other Constitutional Bodies
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23
Q

What consists the Legislative Department

A

The Senate
The House of Representatives

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24
Q

What consists of the Executive Department

A

The President/Vice President of the Philippines
The Cabinet

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25
Q

What consists of the Judicial Department

A

The Supreme Court
The Inferior Courts

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26
Q

What consists of the Constitutional Commissions

A

The Civil Service Commission
The Commission on Elections
The Commission on Audit

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27
Q

What consists in the other Constitutional Bodies

A

Electoral Tribunals
Commission on Appointments
Commission on Human Rights

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28
Q

What is the classification of government does the 1987 Constitution establish

A

Democratic, republican, presidential, bureaucratic, unitary, popular, constitutional, paternalistic, coordinate and de jure government

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29
Q

It is the part of the constitution that is the preliminary statement that recites the reasons for its enactment

A

Preamble

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30
Q

What is the Archipelago Theory?

A

a state comprising of an archipelago shall be treated as a national unit so that the water surrounding the islands is part of the internal waters of the state

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31
Q

Treaties that Define the Territory of the Philippines

A
  • Treaty of Paris
  • Treaty of Washington
  • Treaty between US and UK
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32
Q

it is a form of government which derives all its power directly or indirectly from a great body of people

A

Republic

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33
Q

A word that comes from greek origin wherein it means “power or rule of the people”

A

democracy

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34
Q

What does it mean when demoratic and republican?

A

representative government which derives its power from the people with them having equal rights

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35
Q

Manifestations of a Republic and Democratic form of Government in the 1987 Constitution

A
  • Rule of the Majority
  • Bill of Rights
  • “ours is a government of laws and not men” principle
  • elections
  • legislative branch cannot pass irrepealable laws
  • public officers are accountable to the people
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36
Q

It refers to any service for the State other than military

A

Civil Service

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37
Q

Three forms of Services that the government must perform to the citizenry

A

Protective Services
Economic Development Services
Social Services

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38
Q

It is the ideal of Society to be attained by the promotion of the welfare of the people through humanization of laws and equalization of social economic forces and benefits

A

Social Justice

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39
Q

it is an order in writing issued in the name of the people signed by the judge directed to the officer commanding them to search for personal property

A

Search Warrant

40
Q

It is the right to freely utter and publish whatever citizen may pleased

A

Freedom of Speech

41
Q

it is the right of the part of the citizen to meet peaceably for the consultation and respect to public affairs

A

Assembly

42
Q

it is the ability of a group of persons to apply a grievance to a branch or office of the government without fear of penalty

A

Petition

43
Q

Two aspects of Religion

A

Freedom to Believe
Freedom to Practice

44
Q

it is an order issued by a court of competent jurisdiction directed to a person commanding him to produce the body of a prisoner at a designated place

A

writ of habeas corpus

45
Q

it is a judicial remedy that provides speedy relief to protect the people’s right to life, liberty and security in cases involving enforced disappearances or extra Judicial Killings

A

writ of amparo

46
Q

The three types of rights a person enjoys according to the constitution

A

Political Rights
Personal and Civil Rights
Rights of an Accused Person

47
Q

This is a type of right that refers to those having relation to the participation of individuals directly or indirectly, in the establishment of government

A

Political Right

48
Q

It refers to right which the municipal law will enforce at the instance of private individuals for the purpose of securing to them the enjoyment oof their means of happinesss

A

Civil Rights

49
Q

Rights that are considered rights for an accused

A

Constitutional Rights

50
Q

it is the legislative act which inflicts punishment without judicial trial

A

Bill of Attainder

51
Q

The theory of the ability to acquire citizenship based by blood

A

Jus Sanguinis

52
Q

The theory of the ability to acquire citizenship based on place of birth

A

Jus Soli

53
Q

Three Types of Filipino Citizens

A
  • Native Born Citizens
  • Natural Born Citizens
  • Naturalized Citizens
54
Q

a type of Filipino characterized by people born in the Philippines, usually used for cultural communities

A

Native Born Citizens

55
Q

a type of Filipino characterized by people who at their birth are already citizens of the Philippines

A

Natural Born Citizens

56
Q

The grounds for the loss of Filipino Citizenship

A
  • naturalization
  • renunciation or expatriation
  • take an oath of allegiance in another country
  • denaturalization
  • deserting the AFP
57
Q

Way to reacquire citizenship

A
  • By naturalization
  • By repatriation
58
Q

it is the recovering of original citizenship

A

Repatriation

59
Q

It refers to the possession of two citizenship by an individual

A

Dual Citizenship

60
Q

It is the right to vote in the election of officials of government and the determination of all questions submitted to the people

A

Suffrage

61
Q

What is the scope of Suffrage

A

Election
Referendum
Plebiscite
Initiative
Recall

62
Q

It is the expression of the choice of persons for political office by the voters of the body politic

A

Election

63
Q

it is the submission of a proposed law or issues to the voting citizens of the country for their ratification or rejection

A

Referendum

64
Q

It is the vote of a people expressing their choice for or against a proposed law or enactment submitted to them

A

Plebiscite

65
Q

it is the process by whereby the people directly proposed inact laws

A

Initiative

66
Q

it is a method by which a local public officer may be removed from office during his tenure or before the expiration of his term by a vote of a people after a registration of a petition signed by a required percentage of qualified voters

A

Recall

67
Q

Who shall provide a system to secure the secrecy and the sanctity of the ballot

A

Congress

68
Q

Grounds for a Disqualification of a Vote

A
  • any person imprisoned for not less than one year not having been removed plenary pardon
  • one violating his allegiance to the Republic of the Philippines
  • Insane or Feeble-minded persons
  • Absentee Voting
69
Q

It is the authority to make laws and to alter and repeal them

A

Legislative Power

70
Q

How many senators are there in the Senate

A

24

71
Q

How long is a term for a senator

A

6 years

72
Q

At what age can a Filipino be able to run for Senator

A

35 years on the day of the election

73
Q

How many representatives are there in the House of Representatives

A

250

74
Q

How long does the a term last for a congressman

A

3 years

75
Q

How old must a Filipino be in order for him to run for a seat in the House of Representatives

A

25 years on the day of the Election

76
Q

it refers to the power to administer the laws, which means carrying them into practical operation

A

Executive Power

77
Q

How old must a Filipino be in order for him to be qualified to run for President or Vice President

A

40 years

78
Q

How long does one term last for the Presidency and the Vice Presidency

A

6 years

79
Q

It is the power to apply laws to contest for disputes concerning legally recognize rights or duties between the states and private persons or between individuals in cases properly bought to by the court

A

Judicial Power

80
Q

Composition of the Supreme Court

A

1 Chief Justice
14 Associate Justices

81
Q

Scope of the Supreme Court

A

Adjudicatory Power
Power of Judicial Review
Insedental Power

82
Q

It is the power to settle actual controversies involving rights and to determine whether there ha been a grave abuse on the lack or excess of jurisdiction on the part of the any branch of government

A

Adjudicatory Power

83
Q

This is the power to pass upon the constitutionality of the law of the state and the acts of the other departments of the government and to interpret them and to render binding judgement

A

Power of Judicial Review

84
Q

these are insedental powers necessary for effective discharge of judicial functions

A

Insedental Power

85
Q

How old does one need to be in order to be part of the Supreme Court

A

40 years

86
Q

How long does one have to be a judge of a lower court or practice law to be part of the Supreme Court

A

15 years

87
Q

What is the Composition of the Civil Service Commission

A

1 Chairman
2 Commissioners

88
Q

Age requirement for a Chairman or a commissioner in the civil service commission

A

35 years

89
Q

Composition of the COMELEC

A

1 Chairman
6 Commissioners

90
Q

Functions of the Civil Service Commission

A

to promote morale, efficiency and integrity in the Civil Service as well as the economic, social and other policies of the government

91
Q

Age requirement to be part of the COMELEC

A

35 years

92
Q

Composition of the Commission on Audit

A

35 years

93
Q

Minimum experience Requirement in the Commission on Audit

A

10 years of Auditing Experience
10 years of Practicing Law

94
Q

it refers to the autonomous regional government, provincial, city, municipal and barangay governments

A

Local Government

95
Q

It is an independent, high level officers who receives complaints and peruses and makes inquiries into the matters involved and makes recommendation for suitable action

A

Ombudsman