Philippine Constitution: Overview and Characteristics

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Questions and Answers

Which of the following best describes a constitution's function?

  • A summary of the current political climate.
  • A framework establishing the underlying principles of government and the rights of citizens. (correct)
  • A collection of suggestions for how the government should operate.
  • A detailed list of every law and regulation within a country.

What principle dictates that ignorance of the law is not an excuse?

  • Ignorantia juris non excusat (correct)
  • Habeas Corpus
  • Stare Decisis
  • Res Ipsa Loquitur

Which type of constitution evolves gradually through customs, traditions, and judicial decisions?

  • Cumulative (correct)
  • Enacted
  • Conventional
  • Written

Which characteristic is most vital for a well-written constitution to prevent misinterpretations?

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

Which of the following is NOT typically defined by a constitution regarding its contents?

<p>Specific tax rates for various income brackets (C)</p> Signup and view all the answers

Which action did the 1935 Constitution authorize the Philippine Legislation to undertake?

<p>Call for a constitutional convention (D)</p> Signup and view all the answers

What significant electoral reform was addressed through a plebiscite under the 1935 Constitution?

<p>Settling women's suffrage (B)</p> Signup and view all the answers

The Parity Amendment, associated with the 1935 Constitution, granted what right?

<p>American citizens equal rights with Filipinos in exploiting natural resources (C)</p> Signup and view all the answers

What action did the Citizens Assembly undertake in December 1972, preceding the ratification of the 1973 Constitution?

<p>Conducted a referendum on national issues (A)</p> Signup and view all the answers

Which of the following powers was granted to the President under amendments to the 1973 Constitution?

<p>The power to legislate even after martial law (A)</p> Signup and view all the answers

When was the 1987 Constitution ratified?

<p>February 2, 1987 (C)</p> Signup and view all the answers

How is the 'Rule of the Majority' observed in the Philippine Congress under the 1987 Constitution?

<p>Through majority vote rulings in both Houses of Congress. (C)</p> Signup and view all the answers

In the context of the 1987 Constitution, the phrase 'government of law and not of men' implies:

<p>The law applies to everyone, including those in government. (C)</p> Signup and view all the answers

Which principle underscores that government authority is derived from the consent of the governed?

<p>Popular Sovereignty (B)</p> Signup and view all the answers

According to the provided material, what is the duty of every Filipino regarding the law?

<p>To follow the law as long as it remains in the statute books. (B)</p> Signup and view all the answers

Which of the following is the most accurate description of the structure of the Philippine government?

<p>A republican system with three co-equal branches of government: Executive, Legislative, and Judicial. (C)</p> Signup and view all the answers

What would be the best course of action to amend the constitution of the Philippines?

<p>A constitutional convention or through a process defined within the constitution itself. (B)</p> Signup and view all the answers

What is the role of the Supreme Court in the Philippine government?

<p>To interpret laws and settle disputes. (D)</p> Signup and view all the answers

How does the concept of 'checks and balances' relate to the structure of the Philippine government?

<p>It ensures no single branch of government becomes too powerful. (D)</p> Signup and view all the answers

What distinguishes a 'conventional' or 'enacted' constitution from a 'cumulative' or 'evolved' constitution?

<p>Conventional constitutions are deliberately created, while cumulative constitutions develop over time. (B)</p> Signup and view all the answers

Why is the principle of 'definiteness' important in the context of constitutional law?

<p>To prevent vagueness that could lead to misinterpretation and harm. (C)</p> Signup and view all the answers

How did the 1935 Constitution address the issue of women's suffrage?

<p>It settled the issue through a plebiscite. (D)</p> Signup and view all the answers

What was the significance of the Parity Amendment in the context of Philippine-American relations under the 1935 Constitution?

<p>It gave American citizens equal rights in exploiting Philippine natural resources. (D)</p> Signup and view all the answers

What was the primary mechanism used to gather citizen feedback and approval for the 1973 Constitution?

<p>Referendums conducted by Citizens Assemblies. (C)</p> Signup and view all the answers

What specific provision regarding presidential power was included in amendments to the 1973 Constitution?

<p>The President was granted legislative powers even after martial law. (B)</p> Signup and view all the answers

What principle does the phrase 'A government of law and not of men' emphasize?

<p>Laws, not individuals, govern and apply to all. (A)</p> Signup and view all the answers

What is the significance of 'popular sovereignty' in relation to the Philippine government?

<p>Political power ultimately resides in the people. (C)</p> Signup and view all the answers

What is the structure of the Philippine Congress?

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

Which branch of the Philippine government is responsible for creating the laws of the nation?

<p>The Legislative Branch (B)</p> Signup and view all the answers

Which of the following is the role of the President?

<p>To enforce laws (D)</p> Signup and view all the answers

Which of the following is a role of the Judicial Branch?

<p>To interpret laws (C)</p> Signup and view all the answers

What is NOT a characteristic related to a well-written constitution?

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

What would be the result of 'vagueness' in a well-written constitution?

<p>Leads to misinterpretation and incalculable harm (A)</p> Signup and view all the answers

How many articles does the 1987 Constitution have?

<p>18 (D)</p> Signup and view all the answers

What is the meaning of 'ignorantia juris non excusat'?

<p>Ignorance of the law excuses no one. (C)</p> Signup and view all the answers

Which of the following best describes a constitution?

<p>A body of rules in accordance with which the powers of sovereignty are regularly exercised. (C)</p> Signup and view all the answers

What is the relation between the minority and the majority, according to the 1987 Constitution?

<p>The minority can protest the acts of the majority, however, is still bound by the majority's decisions. (A)</p> Signup and view all the answers

In which specific issues is 2/3 majority rule applied in both Houses?

<p>Specific issues such as Declaration of Existence of War (C)</p> Signup and view all the answers

What body oversees the executive branch?

<p>Supreme Court (B)</p> Signup and view all the answers

Flashcards

What is a Constitution?

A body of rules and principles that define how sovereignty powers are exercised.

Nature of a Constitution

Serves as the supreme law of the land, binding on all citizens.

Conventional Constitution

A constitution enacted by a constituent assembly or head of state.

Cumulative Constitution

Constitution derived from culture, traditions, and judicial decisions.

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Broad Constitution

Covers relations between the governing body and the governed.

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Content of a Constitution

Defines powers, rights, and amendment procedures.

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1935 Constitution (PH)

Authorized a constitutional convention for the Philippines and established a bicameral legislature.

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Parity Amendment (1935)

Gave American citizens equal rights in exploiting Philippine resources.

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Women's Suffrage (1937)

A plebiscite where Filipinas voted for the right to suffrage

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Referendum (1973)

Barangays conducted a referendum on national issues.

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1973 Constitution Amendment

President was to assume the role of Prime Minister.

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1987 Constitution

Ratified on February 2, 1987

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Rule of the Majority

The majority's wishes prevail over that of the minority.

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Government of law

Government is subject to the law.

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Study Notes

  • The presentation is about the Constitution of the Philippines

What is a Constitution?

  • It's a body of rules and principles that dictates how sovereignty powers are exercised
  • A Constitution is the supreme law of the land
  • Every citizen is bound by it
  • Serves as the basic framework and underlying principles of a government
  • Prescribes duties of government institutions, their powers and limitations

Types of Constitutions Based on Origin and History

  • Conventional or Enacted: A constituent assembly or the Head of State/Government enacts the constitution
  • Japan's 1889 Constitution is an example of a Constitution that tends to be in written form
  • Cumulative or Evolved: Derived from the development of culture, traditions, and judicial decisions, rather than formal enactment.
  • This type tends to be unwritten

Characteristics of a Well Written Constitution

  • Brief: The 1987 Constitution of the Philippines has 18 articles
  • Broad: Covers the relations between the governing body and the governed
  • Definite: Avoiding vagueness to prevent essential features being misinterpreted

Contents of the Constitution

  • Defines powers of the governing body and the powers of the governed
  • Defines the fundamental rights of the people and sets limitations on the powers of the state
  • Defines procedures for amendments or revisions

Previous Constitutions of the Philippines: 1935 Constitution

  • Ratified on May 14, 1935, by US President Franklin D. Roosevelt
  • Authorized the Philippine Legislation to call for a constitutional convention to draft a constitution
  • Established a bicameral legislative body
  • Provided for a Commission on Elections
  • The Parity Amendment granted American citizens equal rights with Filipinos in exploiting the country's natural resources and public utilities
  • Women's suffrage was settled via a plebiscite on April 30, 1937, where 447,425 Filipinas voted for the right to suffrage, and 44,307 voted against

Previous Constitutions of the Philippines: 1973 Constitution

  • Ratified on January 17, 1973, through Proclamation No. 1102
  • On December 31, 1972, a Citizens Assembly was created in each barrio and district via Presidential Decree No. 86
  • A referendum on national issues was conducted in barangays between January 10-15, 1973
  • Of those who voted, 14,976,561 approved the New Constitution and 743,869 voted against it
  • In a vote on ratification, 14,298,814 voted against calling for a plebiscite to ratify the New Constitution
  • Amendments to the 1973 Constitution ensured that the incumbent President would also take on the role of Prime Minister
  • The President was granted law-making powers even after Martial Law
  • The new constitution established a modified parliamentary form of government
  • It provided for urban land reform and social housing programs

The 1987 Constitution

  • Sovereign Filipino people imploring the aid of God, established the government to embody ideals, promote the common good, conserve/develop patrimony, and guarantee blessings of freedom under the law in truth, justice, equality and peace
  • The 1987 Constitution was ratified on February 2, 1987
  • The rule of the majority is an unwritten law of democratic governments
  • Majority vote ruling is observed in both Houses of Congress
  • A 2/3 majority rule is applied in both Houses for specific issues like declarations of war, judgements on impeachment cases and to call on a constitutional convention
  • The minority can still express their opinions, or protest acts of the majority

Government of Law and Not of Men

  • No one, including the government, is above the law
  • The government's authority continues only with the people's consent
  • All government officers are creatures of the law and must obey it
  • Citizens should follow the law if they agree with it or not
  • The law's supremacy must be observed by every Filipino, regardless of status, without fear or favour

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