Topic #2: The Philippine Constitution Flashcards
it is the written instrument by which the fundamental powers of the government are established, limited and defined
Constitution
Purposes of the constitution
- serves as the supreme or fundamental law
- establishes basic framework and underlying principles of government
- protect the rights of the people
Kinds of Constitutions according to their origin and history
Conventional or enacted
Cumulative or evolved
it is kind of constitution according to origin and history that is enacted by a constituent assembly
conventional or enacted
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
cumulative or evolved
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
written
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
unwritten
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
rigid or inelastic
it is a kind of constitution wherein it possesses no higher authority than ordinary laws
Flexible or elastic
What kind of Constitution is Philippine Constitution?
it is classified as conventional or enacted, written, and rigid or inelastic
Who drafted the Philippine Constitution
Constitutional Commission
Requisites of a good written constitution according to from
- Brief
- Broad
- Definite
Requisites of a good written constitution according to contents
- 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
Three groups of provisions that must be in the constitiution
- Constitution of Government
- Constitution of Liberty
- Constitution of Sovereignty
it is the group of provisions that includes the dealing and the framework of government
- Constitution of Government
it is the group of provisions that sets the fundamental rights of the people and impose limitations on the powers of the government
Constitution of Liberty
It is a group of provisions that point out the mode or procedure of amending and revising the constitution
Constitution of Sovereignty
How many Constitutions were there in the Philippines
5
The Constitutions of the Philippines
The 1899 Malolos Constitution
The 1935 Philippine Constitution
The 1973 Philippine Constitution
The Provisional (Freedom Constitution)
The 1987 Philippine Constitution
What are the Constitutional Commissions
Civil Service Commission
Commission on Audit
Commission on Elections
Persons in taking part in the 1987 Constitution
- Corazon Aquino
- The Appointed Constitutional Commission
- The Filipino People (for ratification)
The Organs of Government according to the 1987 Constitution
- Legislative Department
- Executive Department
- Judicial Department
- The Constitutional Commissions
- The Local Government
- Other Constitutional Bodies
What consists the Legislative Department
The Senate
The House of Representatives
What consists of the Executive Department
The President/Vice President of the Philippines
The Cabinet
What consists of the Judicial Department
The Supreme Court
The Inferior Courts
What consists of the Constitutional Commissions
The Civil Service Commission
The Commission on Elections
The Commission on Audit
What consists in the other Constitutional Bodies
Electoral Tribunals
Commission on Appointments
Commission on Human Rights
What is the classification of government does the 1987 Constitution establish
Democratic, republican, presidential, bureaucratic, unitary, popular, constitutional, paternalistic, coordinate and de jure government
It is the part of the constitution that is the preliminary statement that recites the reasons for its enactment
Preamble
What is the Archipelago Theory?
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
Treaties that Define the Territory of the Philippines
- Treaty of Paris
- Treaty of Washington
- Treaty between US and UK
it is a form of government which derives all its power directly or indirectly from a great body of people
Republic
A word that comes from greek origin wherein it means “power or rule of the people”
democracy
What does it mean when demoratic and republican?
representative government which derives its power from the people with them having equal rights
Manifestations of a Republic and Democratic form of Government in the 1987 Constitution
- 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
It refers to any service for the State other than military
Civil Service
Three forms of Services that the government must perform to the citizenry
Protective Services
Economic Development Services
Social Services
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
Social Justice