Constitutional Law Overview
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Questions and Answers

What does the term 'constitution' primarily refer to in a governance context?

  • An established religious doctrine
  • A collection of historical documents
  • A system of laws and principles governing an entity (correct)
  • A set of customs and traditions

From which Latin word is 'constitution' derived, and what does it mean?

  • Statutum, meaning 'to codify'
  • Constituere, meaning 'to build'
  • Constituere, meaning 'to set up' (correct)
  • Constitutus, meaning 'to rule'

What is one of the meanings of 'constitution' outside of a legal framework?

  • The physical health of an individual (correct)
  • An economic policy document
  • A cultural norm or tradition
  • A historical charter

Which of the following is an implication of the term 'statute' as it relates to 'constitution'?

<p>It signifies a law or regulation established through a formal process (C)</p> Signup and view all the answers

What aspect is essential for a good written constitution?

<p>Flexibility to adapt to change (B)</p> Signup and view all the answers

What form of government was established during the 1st Republic of the Philippines?

<p>Republican (D)</p> Signup and view all the answers

Which constitution was associated with the Commonwealth period in the Philippines?

<p>1935 constitution (D)</p> Signup and view all the answers

Who was the leader during the establishment of the 2nd Republic of the Philippines?

<p>Jose P. Laurel (B)</p> Signup and view all the answers

Which constitution was in effect during the 3rd Republic?

<p>1935 constitution (A)</p> Signup and view all the answers

What political system was introduced under the leadership of Ferdinand Marcos in 1972?

<p>Martial law regime (A)</p> Signup and view all the answers

What was the primary feature of the government during the 2nd Republic?

<p>Japanese sponsored government (D)</p> Signup and view all the answers

Which of the following leaders was associated with the establishment of the 4th Republic of the Philippines?

<p>Ferdinand Marcos (B)</p> Signup and view all the answers

Which of the following periods in Philippine government history is marked by a change in constitutions?

<p>All of the above (D)</p> Signup and view all the answers

What is the primary purpose of the power of taxation as described?

<p>To generate revenue for government functions. (A)</p> Signup and view all the answers

Which branch of government exercises the power of taxation?

<p>The Legislature. (B)</p> Signup and view all the answers

What does police power allow the government to do according to the content?

<p>Establish reasonable laws for public welfare. (A)</p> Signup and view all the answers

What legal maxim underlies police power?

<p>Solus populi est suprema lex. (B)</p> Signup and view all the answers

Which article of the 1987 Constitution pertains to the Bill of Rights?

<p>Article III (B)</p> Signup and view all the answers

What is the main characteristic of police power as described?

<p>It can infringe upon individual rights for the common good. (B)</p> Signup and view all the answers

Which article of the 1987 Constitution discusses local government?

<p>Article X (B)</p> Signup and view all the answers

What does eminent domain empower the state to do?

<p>Acquire private property for public use with fair compensation. (B)</p> Signup and view all the answers

What was the purpose of the 1981 Amendment to the 1973 Constitution?

<p>To submit proposed amendments for ratification or rejection (C)</p> Signup and view all the answers

What did the Freedom Constitution of 1986 primarily address?

<p>Transitioning to a permanent constitution (D)</p> Signup and view all the answers

Which system of government was established under the 1987 Constitution?

<p>Presidential government (A)</p> Signup and view all the answers

Who enacted the Freedom Constitution after the People Power revolution?

<p>Corazon Aquino (C)</p> Signup and view all the answers

What was the timeframe of the 1973 Constitution's validity?

<p>1973 to 1986 (D)</p> Signup and view all the answers

Which group was responsible for drafting the 1987 Constitution?

<p>The Constitutional Commission (A)</p> Signup and view all the answers

What notable feature characterized the members of the Constitutional Commission that drafted the 1987 Constitution?

<p>They came from varied backgrounds (A)</p> Signup and view all the answers

What is the significance of the 1981 Amendment known as Batas Pambansa Blg. 122?

<p>It provided funds for constitutional amendments (D)</p> Signup and view all the answers

What does police power encompass in relation to public safety?

<p>Implementing travel bans and quarantine measures (D)</p> Signup and view all the answers

What is one primary requirement for the government to exercise eminent domain?

<p>The taking must serve a necessity of public character (D)</p> Signup and view all the answers

Which of the following actions would most likely fall under the use of police power?

<p>Issuing gun bans during elections (D)</p> Signup and view all the answers

Which statement about eminent domain is correct?

<p>Private property must be taken for public use with due compensation. (B)</p> Signup and view all the answers

How can the exercise of police power be justified?

<p>By declaring it necessary for the common good (C)</p> Signup and view all the answers

What is a fundamental characteristic of police power laws?

<p>They can be enforced without constitutional backing. (D)</p> Signup and view all the answers

Which document outlines the design of the Philippine flag?

<p>General Provisions Section (D)</p> Signup and view all the answers

What must occur for a new name for the country to take effect?

<p>It must be ratified by the people in a national referendum. (D)</p> Signup and view all the answers

What is required for the Congress to propose an amendment to the Constitution?

<p>A vote of three-fourths of all its Members (C)</p> Signup and view all the answers

How can the people propose amendments to the Constitution?

<p>By a petition of at least twelve percent of registered voters (A)</p> Signup and view all the answers

What limitation is placed on proposing amendments to the Constitution?

<p>No amendment can be authorized within five years following ratification (C)</p> Signup and view all the answers

What majority is required for Congress to call a constitutional convention?

<p>Two-thirds of all its Members (D)</p> Signup and view all the answers

Which entity does not have the authority to be sued without its consent?

<p>The State (D)</p> Signup and view all the answers

What requirement must be met for the people’s petition to propose an amendment?

<p>At least three percent from every legislative district must be represented (A)</p> Signup and view all the answers

What is the frequency limitation placed on proposing amendments after the initial five years?

<p>Once every five years (B)</p> Signup and view all the answers

What is the minimum percentage of registered voters required to propose an amendment through an initiative?

<p>Twelve percent (B)</p> Signup and view all the answers

Flashcards

Definition of Constitution

A system of laws and principles governing a country, state, or organization, often written as a document.

Purpose of Constitution

Establishes the structure for governance, the powers of government, and rights of citizens.

Origin of 'Constitution'

Derived from Latin roots, meaning 'to set up', and related to the idea of established laws and agreements.

Requisites of a good constitution

Characteristics of a well-structured constitution that ensure proper governance.

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Constitution in Other Contexts

Beyond governance, constitution can also describe physical health or the structure of something.

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Constitution of Government

The part of a constitution that outlines the structure and powers of the government, including its branches (like the legislative, executive, and judicial) and their roles.

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Constitution of Liberty

The part of a constitution that guarantees fundamental rights and freedoms to citizens, protecting them from government overreach.

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Constitution of Sovereignty

The part of a constitution that defines the source of ultimate power in a state, often establishing how the government is accountable to the people.

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What makes a good constitution?

A well-written constitution should be clear, concise, adaptable, and reflect the values and principles of the people it governs. It should also be easy to amend when necessary.

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1st Philippine Republic

The first independent republic of the Philippines, led by Emilio Aguinaldo, established after the Spanish-American War. It was short-lived, lasting from 1899 to 1901.

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Commonwealth Period

A period of transition towards full independence in the Philippines, led by Manuel L. Quezon, under the 1935 constitution. This period saw significant progress in developing the country's institutions and infrastructure.

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Second Republic

A Japanese-sponsored government during World War II, led by Jose P. Laurel, with a constitution adopted in 1943. It was not recognized internationally and was dissolved after the war.

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Third Republic

The republic established after World War II, led by Manuel Roxas, that used the 1935 constitution. This period marked the Philippines' return to self-rule and the establishment of a more stable government.

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1973 Constitution

The Philippine Constitution implemented under Ferdinand Marcos, a shift from parliamentary to presidential system, with a strong executive.

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1981 Amendments

Significant changes to the 1973 Constitution, proposed by the Batasang Pambansa (National Assembly) for ratification by the people.

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Freedom Constitution (1986)

A temporary constitution that followed the 'People Power' Revolution, ensuring democracy and freedom until a permanent one was drafted.

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1987 Constitution

The current Philippine Constitution, established under Corazon Aquino, marking a shift towards a presidential system with a strong emphasis on human rights and democracy.

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Batasang Pambansa

The National Assembly that proposed the 1981 amendments to the 1973 Constitution.

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Constitutional Commission (1986)

The body tasked with drafting the 1987 Constitution; composed of varied individuals, including political activists who fought against the Marcos regime.

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'People Power' Revolution

A major historical event in the Philippines that ousted Ferdinand Marcos; a peaceful protest based on popular support.

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5th Republic

The current Republic of the Philippines, established under the 1987 Constitution, considered a period of democratic governance.

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What is the 1987 Constitution?

The fundamental law of the Philippines, ratified on February 2, 1987, establishing a representative democracy with three branches of government: Executive, Legislative, and Judicial. It also outlines the country's structure, principles, and rights of citizens.

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What does 'Preamble' mean?

The introductory part of a document, often stating its purpose, goals, and guiding principles. In the context of the 1987 Constitution, it outlines the aspirations and values of the Philippine people.

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What is the Police Power?

The inherent power of the state to make laws and regulations for the general welfare of the people, promoting public health, safety, morals, and order. This power can sometimes limit individual rights for the greater good.

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What does 'Sic utere tuo ut alienum non laedas' mean?

A Latin maxim that means 'use your property in such a way as not to injure that of another' which emphasizes the responsibility of individuals to use their property without harming others.

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Inherent Power

A power that is naturally possessed by a sovereign state. This power is inherent in the very existence of a state and does not need to be specifically granted by any constitution or law.

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Power of Taxation

The inherent power of the state to impose taxes on its citizens and their properties, for the purpose of generating revenue to fund government operations and services.

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What is 'Solus populi est suprema lex'?

A Latin maxim meaning 'the welfare of the people is the supreme law' which emphasizes the state's paramount obligation to prioritize the well-being of its citizens.

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Retroactive Effect

When a law is applied to events or situations that took place before the law was enacted.

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Sovereign Immunity

The principle that a state cannot be sued without its consent.

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Amending the Constitution

The process of changing the Constitution, requiring a specific vote by Congress or a constitutional convention.

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Constitutional Convention

A gathering of delegates to propose amendments to the Constitution.

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People's Initiative

A way for citizens to propose constitutional amendments through a petition with a certain number of signatures.

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How often can amendments be proposed through initiative?

Amendments through initiative can be proposed no more often than once every five years.

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Calling a Constitutional Convention

The Congress can call a Constitutional Convention by a two-thirds vote of all its members.

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Subtracting the Question

Instead of directly calling a Constitutional Convention, Congress can also choose to submit the question of calling such a convention to the electorate.

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Majority Vote

To submit the question of calling a constitutional convention to the electorate, Congress needs a majority vote of all its members.

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Police Power

The government's authority to regulate and control behavior and property for the health, safety, and welfare of the public.

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Eminent Domain

The government's right to take private property for public use with just compensation.

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What are the requisites for Eminent Domain?

  1. Public Use: Property must be taken for a public purpose, not just for a private individual's benefit. 2. Just Compensation: The owner must be paid a fair market value for the property. 3. Due Process: The owner must be given a fair opportunity to be heard and receive compensation before the property is taken.
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Inherent Powers of the State

Powers essential for the state's existence and functioning, including police power, eminent domain, and taxation.

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What is the purpose of the Philippine Flag?

It represents the ideals, history, and traditions of the Filipino people, symbolizing unity, freedom, and national identity.

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How can the Philippine National Anthem be changed?

Congress can propose a new anthem, but it must be approved by the people in a national referendum.

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What does Article XVI of the Philippine Constitution cover?

It outlines general provisions regarding the Philippine flag, national anthem, and national seal, ensuring these symbols reflect the country's identity.

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Study Notes

Constitutional Law

  • Refers to the body of rules and principles by which sovereign power is exercised
  • Established and limits government power
  • Distributed amongst departments or branches for effective exercise
  • Set of fundamental binding and hard to change legal political rules
  • Determines powers and duties of government
  • Guarantees rights of people in a state or group
  • A body of fundamental principles or established precedents according to which a state or organization is acknowledged to be governed

Constitution

  • 14th-century English word meaning established law or custom
  • From Latin constituere meaning "to set up"
  • Combination of com- (with/together) and statuere (to set or place)
  • A system of laws used to govern a country, state, or organization
  • Refers to the health/condition of the body or structure of something

Purpose of the Constitution

  • Creates a permanent framework or structure
  • Defines and limits the powers and duties of government branches
  • Highest law, supreme law to which all other laws conform and obedience is required
  • Guarantees individual rights against government violations or abuses

Requisites of a Good Written Constitution

  • Brief: Not overly detailed
  • Broad: Outlines the governance framework
  • Definite: Clear and unambiguous provisions to avoid conflicting interpretations

Parts of a Constitution

  • Constitution of Government: Structure and powers of branches
  • Constitution of Liberty: Individual rights and freedoms
  • Constitution of Sovereignty: The mode of amending or revising the constitution

Development of Philippine Government (Periods, Leaders, Forms of Government, and Constitutions)

  • 1st Republic (1899-1901): Emilio Aguinaldo, Republican, Malolos Constitution
  • Commonwealth (1935-1943): Manuel L. Quezon, Presidential, 1935 Constitution
  • 2nd Republic (1943-1945): Jose P. Laurel, Japanese Sponsored Government, 1943 Constitution
  • 3rd Republic (1946-1972): Mar Roxas, 1935 Constitution, followed by Ferdinand Marcos (1972)
  • 4th Republic (1973-1986): Ferdinand E. Marcos, Parliamentary, 1973 Constitution
  • Revolutionary Government (1986-1987): Corazon Aquino, Presidential, 1973 Amendment (1981), Freedom Constitution (1986)
  • 5th Republic (1987-Present): Corazon Aquino to present, Presidential, 1987 Constitution

1897 Philippine Constitution

  • Composed of 48 members appointed by Aquino
  • Included former representatives, Supreme Court justices, etc.
  • Ratified by a national plebiscite on February 2, 1987

Inherent Powers of the State

  • Power of Taxation: State's inherent power to impose burdens to raise funds for operations
  • Police Power: State's power to enact laws for public health, safety, morals, general welfare.
  • Power of Eminent Domain: State's right to acquire private property for public use with just compensation

Power of Eminent Domain

  • State's right to take private property for public use
  • Just compensation required
  • Due process of law must be followed

General Provisions

  • Flag of the Philippines: Red, white, and blue with a sun and three stars
  • Congress can adopt a new name, national anthem, or seal

Amendment or Revision

  • Proposed By: Congress (¾ vote) or Constitutional Convention or People's Initiative
  • Ratified by: National Plebiscite after specified time frame by majority vote

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Intro to Philippine Politics and Governance - Constitutional Law PDF

Description

This quiz explores the fundamental principles of constitutional law, including the power distribution within government and the rights guaranteed to citizens. It provides insights into the historical context and purpose of constitutions as frameworks for governance. Test your knowledge on the vital role of constitutions in establishing legal authority.

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