Philippine Constitution Overview

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Questions and Answers

What is defined as a pronouncement or course of action that the government chooses to pursue or not to pursue?

Policy (correct)

Statute

Regulation

Law

Which of the following indicates that the Philippines operates under both direct democracy and indirect democracy?

It is governed solely by a monarch.

It is a parliamentary system.

It is a federal state.

It is a democratic and republican state. (correct)

Which of the following concepts emphasizes that all acts of government must align with established laws?

Constitutional Supremacy

Non-derogability of the Social Contract (correct)

Social Contract Theory

Principle of Legality

What term is used to describe the two chambers that make up Congress in the Philippines?

Senate and House of Representatives Signup and view all the answers

Which article in the Philippine Constitution highlights the oversight and scrutiny functions of Congress?

Article VI Signup and view all the answers

The redundancy of the terms democratic and republican within the Philippine Constitution serves to:

Emphasize the forms of government available. Signup and view all the answers

What is a significant characteristic of policy in relation to law?

Policy is more encompassing than law. Signup and view all the answers

Which form of democracy is excluded from the definition of the Philippine government due to its structure?

Direct democracy Signup and view all the answers

What does the case Desierto, 381 SCRA 48 pertain to?

Definition of public office Signup and view all the answers

Which of the following is NOT a way to create a public office?

By Authority of Public Opinion Signup and view all the answers

According to the discussions, what is true about the salary of a public officer?

It can be nominal and is not essential Signup and view all the answers

Who holds the title to the property according to Desierto, 381 SCRA 48?

The agent Signup and view all the answers

What is stated about public office when an incumbent dies or leaves office?

It is not inherited by their heirs Signup and view all the answers

Which statement accurately describes public officers as per Sec. 2 (b), RA 3019?

They include both elective and appointive officials Signup and view all the answers

In the case Abeja vs. Tañada, what role does the wife have regarding the protest?

She cannot substitute herself in the protest Signup and view all the answers

Which is considered a characteristic of public office in the context provided?

It is personal to the incumbent Signup and view all the answers

What does the doctrine of constitutional supremacy state about laws that violate constitutional norms?

They are null and void without any force. Signup and view all the answers

What does presidential immunity protect the President from?

Liability from suit that hinders official functions. Signup and view all the answers

Which government entity is referred to as the GRP?

Corporate governmental entity through which functions of government are exercised. Signup and view all the answers

Which branch of government is primarily responsible for interpreting the law?

The Judiciary branch. Signup and view all the answers

Which of the following does not represent a form of legislative oversight?

Executive veto. Signup and view all the answers

What is the effect of laws or contracts promulgated by the executive if they violate constitutional norms?

They are null and void. Signup and view all the answers

Which statement about the privilege of presidential immunity is true?

It protects the President from hindrances in performing official duties. Signup and view all the answers

What is the primary purpose of the Office of the Solicitor General in the context of the Republic?

To represent the Republic in legal matters. Signup and view all the answers

Who is eligible to be appointed to public office during their tenure as an elective official?

None Signup and view all the answers

What is a necessary condition for civil service appointments in the Philippines?

Merit and fitness determination Signup and view all the answers

Which of the following is NOT a mode of acquiring title to office?

By Nomination Signup and view all the answers

Which of the following powers are granted by law to public officers?

Expressed powers Signup and view all the answers

Who can serve as the Chair of the NEDA?

Vice President Signup and view all the answers

Which of the following is an implication of being an 'employee' of the government?

Service in a public office Signup and view all the answers

What type of powers are derived from expressed powers?

Implied powers Signup and view all the answers

Which category includes government employees who have authority to act on behalf of the government?

Public officers Signup and view all the answers

What does the right to self-organization entail for government employees?

All government employees are entitled to self-organization. Signup and view all the answers

What was the ruling in the case of GSIS vs. Kapisanan regarding mass actions by government employees?

Civil Service rules regulate mass actions of employees. Signup and view all the answers

What does the Attrition Act allow regarding government employees who do not meet revenue targets?

They can be moved to a different office or fired. Signup and view all the answers

Under what conditions can the right to strike be regulated according to the content?

If it is legally permitted. Signup and view all the answers

What does the ruling in Davao City Water District vs. Aranjuez indicate about workers expressing grievances?

Concerted actions leading to work stoppage are prohibited. Signup and view all the answers

Which statement reflects the regulation of quota-dependent positions in revenue-earning agencies?

Incentives and disincentives can influence workforce attrition. Signup and view all the answers

What is required of public officers upon assumption of office according to the information provided?

They are required to submit a declaration of assets. Signup and view all the answers

What fundamental rights are emphasized in the rulings regarding government employees?

Security of tenure, humane working conditions, and a living wage. Signup and view all the answers

Study Notes

Preliminary Considerations

Law is an act passed by Congress.
Policy is a pronouncement or course of action the government chooses or doesn't choose to do
Law is a policy but policy is not necessarily a law.
Policy is broader than law, but its validity is measured by law.
All acts of the government must be aligned with the law.

Constitutional Concepts and Principles

The Constitution is the "Compact of the People" as described by the Social Contract Theory.
The Constitution is not derogable.
The doctrine of constitutional supremacy states that any law, contract, or act that violates the Constitution, regardless of who promulgated it, is null and void.

The Set-up of Government under the Constitution

The Philippines is a democratic and republican state.
The Constitution specifies both direct and indirect democracy.
The Philippines is largely republican with the exception of initiative and referendum which are examples of direct democracy.

Branches of Government

Legislative Branch: Composed of Senate (24 members) and House of Representatives (number of representatives varies).
Legislative Branch's key functions:
- Oversight and scrutiny:
  - Approving appropriations
  - Confirming presidential appointments
  - Holding question hour sessions (Executive Branch appears and answers inquiries)
- Congressional investigation
- Legislative supervision
Executive Branch: Headed by the President
Judicial Branch: Composed of the Supreme Court (Chief Justice and 14 Associate Justices)
All three branches of government are created by the Constitution.
The Ombudsman is an independent body that investigates government officials.

Government of the Republic of the Philippines (GRP)

GRP refers to the government entity through which the functions of government are exercised throughout the Philippines.
This includes various government arms and levels of government.

Presidential Immunity

Presidential immunity is not absolute.
Presidential immunity protects from suit to allow the President to perform their functions free from hindrance.
Immunity aims to protect the dignity of the office.
The Office of the Solicitor General represents the Republic and acts as an agent for the people.

Creation of Public Office

Public office can be created through three ways:
- By Constitution: Examples include the Offices of the House and Senate Presidents, the Supreme Court, the Ombudsman, and the National Economic and Development Authority (NEDA).
- By Law: Examples include the Bangko Sentral ng Pilipinas (BSP), Land Transportation Office (LTO), and Land Transportation Franchising and Regulatory Board (LTFRB).
- By Authority of Law: Offices created under authority granted by law are created through executive orders. Examples include the Department of Transportation and Communications (DOTR) regional offices.

Public Officer

A public officer includes elective and appointive officials and employees.
This applies to permanent or temporary employees, whether classified or unclassified service, regardless of whether they receive compensation.
An officer exercises discretion or judgment on behalf of the office.
An employee is one who serves the government and its instrumentalities.

Modes of Acquiring Title to Office

Public office can be acquired through several modes:
- Appointment:
  - All appointments in the civil service are based on merit and fitness.
  - The merit and fitness of candidates is determined, as far as practical, by competitive examinations.
  - This does not apply to policy-determining, primarily confidential, or highly technical positions.
- Election:
- Succession:
- Operation of Law:

Powers, Rights, and Duties of Public Officers

Powers:
- Expressed powers are those granted by law.
- Implied powers are derived from expressed powers.

Rights of Public Officers

Public officers are guaranteed:
- Security of tenure
- Humane conditions of work
- Living wage
- Participation in policy and decision-making processes affecting their rights and benefits
- Right to self-organization:
  - Government employees have the right to self-organize.
  - This right applies to government-owned and controlled corporations (GOCCs) that have original charters.
  - The right to strike may be regulated by law.
Duties of Public Officers:
- Submitting a Statement of Assets, Liabilities, and Net Worth (SALN): Upon assuming office and thereafter as required by law.

Public Office is not a Personal Right

Public office is personal to the incumbent.
It is not inherited and cannot be passed on to heirs, unlike property.
Public office is not a personal right.
Public office is forfeited upon death.

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Description

This quiz explores the foundational concepts of the Philippine Constitution, including the principles of law and policy, constitutional supremacy, and the structure of government. Dive into the democratic framework and understand the balance between direct and indirect democracy in the Philippines.