Podcast
Questions and Answers
Which right ensures that a person can challenge their detention in court?
Which right ensures that a person can challenge their detention in court?
- Right to a speedy trial
- Right to self-incrimination
- Habeas Corpus (correct)
- Right against excessive fines
The right against self-incrimination allows an individual to refuse to answer questions that may incriminate them.
The right against self-incrimination allows an individual to refuse to answer questions that may incriminate them.
True (A)
What is the legal principle that protects individuals from cruel and degrading punishment?
What is the legal principle that protects individuals from cruel and degrading punishment?
The right against cruel, degrading, or inhuman punishment
The right to have a _____ public trial ensures that justice is transparent and accessible to the public.
The right to have a _____ public trial ensures that justice is transparent and accessible to the public.
Match the following rights with their descriptions:
Match the following rights with their descriptions:
What is required for Congress to overturn a presidential veto?
What is required for Congress to overturn a presidential veto?
The Philippine Congress consists of a unicameral legislature.
The Philippine Congress consists of a unicameral legislature.
Name one power of the Philippine Congress.
Name one power of the Philippine Congress.
A bill becomes a law after how many readings on separate days?
A bill becomes a law after how many readings on separate days?
What principle aims to prevent concentration of power in one person or branch of government?
What principle aims to prevent concentration of power in one person or branch of government?
Legislative investigations can only occur with the consent of the executive branch.
Legislative investigations can only occur with the consent of the executive branch.
What must occur 15 days after a law is published in the Official Gazette?
What must occur 15 days after a law is published in the Official Gazette?
What is the primary function of the Philippine Congress?
What is the primary function of the Philippine Congress?
The president has the power to confirm congressional appointments.
The president has the power to confirm congressional appointments.
What does PDAF stand for?
What does PDAF stand for?
The president must report to Congress within __ hours after declaring martial law.
The president must report to Congress within __ hours after declaring martial law.
Match the following powers of Congress with their descriptions:
Match the following powers of Congress with their descriptions:
Which department is responsible for managing environmental resources?
Which department is responsible for managing environmental resources?
The military may only be called out in times of peace.
The military may only be called out in times of peace.
What is the maximum period that the writ of habeas corpus can be suspended?
What is the maximum period that the writ of habeas corpus can be suspended?
A law that is in the process of being created is called a __.
A law that is in the process of being created is called a __.
Which of the following is an example of unwarranted legislative encroachment into executive functions?
Which of the following is an example of unwarranted legislative encroachment into executive functions?
During the suspension of the writ of habeas corpus, any arrested person must be charged within 3 days.
During the suspension of the writ of habeas corpus, any arrested person must be charged within 3 days.
What is the role of the Judicial and Bar Council in relation to the Supreme Court?
What is the role of the Judicial and Bar Council in relation to the Supreme Court?
Match the following departments with their primary focus:
Match the following departments with their primary focus:
What is considered unconstitutional regarding the PDAF?
What is considered unconstitutional regarding the PDAF?
The Supreme Court consists of 15 justices.
The Supreme Court consists of 15 justices.
Flashcards
How a Bill Becomes a Law (PH)
How a Bill Becomes a Law (PH)
The process by which a proposed bill becomes a law in the Philippines, requiring a complex pathway of legislative action, presidential approval, and potential overrides.
Philippine Congress
Philippine Congress
The Philippine legislature, composed of two chambers, the Senate (upper house) and the House of Representatives (lower house).
Doctrine of Separation of Powers
Doctrine of Separation of Powers
The principle that the power of the government is divided among three branches: executive, legislative, and judicial, preventing any one branch from having too much power.
Checks and Balances
Checks and Balances
A mechanism where each branch of government has the ability to check or limit the power of the other branches, enforcing the separation of powers principle.
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Presidential Veto
Presidential Veto
The president's ability to reject a bill passed by Congress; however, Congress can override the veto with a 2/3rds vote in both houses.
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Power of Appropriation
Power of Appropriation
The power of Congress to allocate government funds for specific purposes.
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Power to Declare War
Power to Declare War
The authority of Congress to declare war, a power restricted to defensive wars only and requiring a 2/3rds vote in both houses.
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Power of Impeachment
Power of Impeachment
The power of Congress to remove officials from office through impeachment, a process involving investigation and trial.
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Habeas Corpus
Habeas Corpus
The right to have your body brought before the court.
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Writ of Habeas Corpus
Writ of Habeas Corpus
A court order that requires a person to be brought before a judge to determine if they are being held lawfully.
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Right to be informed of the accusation
Right to be informed of the accusation
The guaranteed right to be informed about the charges against you in a clear and understandable way.
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Right to a speedy, impartial, and public trial
Right to a speedy, impartial, and public trial
The right to have a trial that is fair, impartial, and open to the public.
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Right to Meet Witnesses Face to face
Right to Meet Witnesses Face to face
The right to confront the people who are accusing you and to have your own witnesses testify in your defense.
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Power of Control
Power of Control
The power of the president to control all executive departments.
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Bureaucracy
Bureaucracy
The hierarchy of executive departments, which includes various agencies and bureaus.
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Bills
Bills
Laws in the making, which are proposals that may become laws when approved by both houses of Congress and signed by the president.
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Amparo
Amparo
A remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of public officials or private individuals.
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PDAF
PDAF
The Philippine Disbursement Acceleration Funds, a program that allowed lawmakers to allocate budgets. This system was deemed unconstitutional, leading to the PDAF Scam issue.
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DAP
DAP
A controversial program that was deemed an encroachment of legislative power into executive functions, leading to the DAP Issue.
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Supreme Court
Supreme Court
The highest court in the Philippines, consisting of one Chief Justice and 14 Associate Justices, responsible for interpreting and applying the Constitution.
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Special Elections
Special Elections
A special election held only for the president and the vice president when necessary.
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Power to Call Special Elections
Power to Call Special Elections
The power of the president to call special elections for the president and vice president.
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Power to Concur in Treaties
Power to Concur in Treaties
The power of the Senate to concur with the president's decisions on treaties and international agreements.
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Power to Appoint
Power to Appoint
The power of the president to appoint individuals to various government positions, subject to Senate confirmation.
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Power to Confirm Appointments
Power to Confirm Appointments
The power of the Senate to confirm presidential appointments, ensuring qualifications and suitability for the chosen positions.
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Power to Concur in Amnesties
Power to Concur in Amnesties
The power of the Senate to concur with the president's decisions on granting amnesties.
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Judicial Role in Separation of Power
Judicial Role in Separation of Power
The power of the judiciary to ensure that the separation of powers between the executive, legislative, and judicial branches is being followed.
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Philippine Congress
- Bicameral legislature (two houses)
- Upper House: Senate (24 members)
- Lower House: House of Representatives (250 members)
- Members elected at large
- Powers of appropriation (spending authority)
- Power to declare war (only defensive)
- Power to remove impeachable officials
- Power of taxation
- Legislative investigation power
- Question hour
- Act as board of canvassers in presidential elections
- Power to call special elections for president and vice president
- Power to review president's physical condition
- Power to concur with presidential pardons
- Power to approve treaties and international agreements
- Power to confirm presidential appointments
- Power relative to natural resources
- Power to propose amendments
- Bills are laws in the making
- Bills go through three readings
- Bills need approval from both houses and the president, who may veto the bill, but the veto can be overridden
- Laws take effect after 15 days of publication
Doctrine of Separation of Powers
- Aims to prevent concentration of authority
- Principle of checks and balances reinforces this doctrine
- President can veto legislation (legislative to executive)
- Congress can refuse to confirm executive appointments (legislative to executive)
- Courts can declare laws unconstitutional (judicial to legislative or executive)
PDAF (Pork Barrel System)
- Philippine Disbursement Acceleration Funds
- Allowed lawmakers to manage budget allocation
- System deemed unconstitutional
DAP (Disbursement Acceleration Program)
- Unwarranted legislative encroachment into executive functions
LGUs (Local Government Units)
- Political subdivisions
- Includes provinces, municipalities, and barangays
- Philippines includes major island groups and regions
- Established in 1990 by Republic Act 7160
Executive Department
- President holds supreme military authority
- Military may be called out for lawless violence, invasion, and rebellion
- Writ of habeas corpus may be suspended for up to 60 days
- Martial law can be declared and must be reported to Congress
- Suspension of writ of habeas corpus only applies to rebellion or invasion charges, not other crimes
- Power of control over all executive departments
Judicial Branch
- Supreme Court with Chief Justice
- 14 Associate Justices
- 3, 5, or 7 member divisions
- Appointees filled within 90 days.
- Judicial appointments require a list by the Judicial and Bar Council.
- Appointment process involves Chief Justice, Secretary of Justice, congressman, BAR rep, law professor, retired SC judge, and private sector representative.
- Original jurisdiction (cases filed directly to SC)
- Appellate jurisdiction (reviewing lower courts)
- Administrative supervision of lower courts
- Rule-making power for courts
- Writs (certiorari, prohibition, mandamus)
- Rights of the accused (speedy trial, impartial jury, evidence, no self-incrimination, etc.)
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