Topic #2: The Philippine Constitution Flashcards by Jozua Patalan

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

Constitution

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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

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Kinds of Constitutions according to their origin and history

Conventional or enacted
Cumulative or evolved

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

conventional or enacted

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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

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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

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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

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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

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

Flexible or elastic

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What kind of Constitution is Philippine Constitution?

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

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Who drafted the Philippine Constitution

Constitutional Commission

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Requisites of a good written constitution according to from

Brief
Broad
Definite

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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

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Three groups of provisions that must be in the constitiution

Constitution of Government
Constitution of Liberty
Constitution of Sovereignty

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

Constitution of Government

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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

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

Constitution of Sovereignty

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How many Constitutions were there in the Philippines

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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

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What are the Constitutional Commissions

Civil Service Commission
Commission on Audit
Commission on Elections

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Persons in taking part in the 1987 Constitution

Corazon Aquino
The Appointed Constitutional Commission
The Filipino People (for ratification)

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The Organs of Government according to the 1987 Constitution

Legislative Department
Executive Department
Judicial Department
The Constitutional Commissions
The Local Government
Other Constitutional Bodies

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What consists the Legislative Department

The Senate
The House of Representatives

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What consists of the Executive Department

The President/Vice President of the Philippines
The Cabinet

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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

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

Search Warrant

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

Freedom of Speech

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

Assembly

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

Petition

Two aspects of Religion

Freedom to Believe Freedom to Practice

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

writ of habeas corpus

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

writ of amparo

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

Political Rights Personal and Civil Rights Rights of an Accused Person

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

Political Right

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

Civil Rights

Rights that are considered rights for an accused

Constitutional Rights

it is the legislative act which inflicts punishment without judicial trial

Bill of Attainder

The theory of the ability to acquire citizenship based by blood

Jus Sanguinis

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

Jus Soli

Three Types of Filipino Citizens

- Native Born Citizens - Natural Born Citizens - Naturalized Citizens

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

Native Born Citizens

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

Natural Born Citizens

The grounds for the loss of Filipino Citizenship

- naturalization - renunciation or expatriation - take an oath of allegiance in another country - denaturalization - deserting the AFP

Way to reacquire citizenship

- By naturalization - By repatriation

it is the recovering of original citizenship

Repatriation

It refers to the possession of two citizenship by an individual

Dual Citizenship

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

Suffrage

What is the scope of Suffrage

Election Referendum Plebiscite Initiative Recall

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

Election

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

Referendum

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

Plebiscite

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

Initiative

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

Recall

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

Congress

Grounds for a Disqualification of a Vote

- 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

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

Legislative Power

How many senators are there in the Senate

How long is a term for a senator

6 years

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

35 years on the day of the election

How many representatives are there in the House of Representatives

250

How long does the a term last for a congressman

3 years

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

25 years on the day of the Election

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

Executive Power

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

40 years

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

6 years

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

Judicial Power

Composition of the Supreme Court

1 Chief Justice 14 Associate Justices

Scope of the Supreme Court

Adjudicatory Power Power of Judicial Review Insedental Power

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

Adjudicatory Power

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

Power of Judicial Review

these are insedental powers necessary for effective discharge of judicial functions

Insedental Power

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

40 years

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

15 years

What is the Composition of the Civil Service Commission

1 Chairman 2 Commissioners

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

35 years

Composition of the COMELEC

1 Chairman 6 Commissioners

Functions of the Civil Service Commission

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

Age requirement to be part of the COMELEC

35 years

Composition of the Commission on Audit

35 years

Minimum experience Requirement in the Commission on Audit

10 years of Auditing Experience 10 years of Practicing Law

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

Local Government

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

Ombudsman