Philippine Constitution Overview
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Questions and Answers

What should happen if an act conflicts with the Constitution?

  • The act should be considered invalid. (correct)
  • The act should be amended to align with the Constitution.
  • The act should be upheld if its intentions are noble.
  • The act is valid if it aligns with the popular sentiment.
  • The Constitution can be changed only by the executive branch.

    False (B)

    When does the 1987 Constitution take effect?

    February 2, 1987

    The Constitution serves as the supreme or _______ law.

    <p>fundamental</p> Signup and view all the answers

    Match the concept to its description:

    <p>Constitution = Fundamental law, binding on all citizens and government Plebiscite = Direct act of the people through voting Public Domain = Lands that cannot be privately owned by aliens Sovereign People = Entity to change the Constitution</p> Signup and view all the answers

    What is one of the main purposes of the Constitution?

    <p>To establish a basic framework of government and define powers (B)</p> Signup and view all the answers

    An island, as part of the Philippine territory, can be sold to any person, including aliens.

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

    Why is the Constitution considered the supreme law of the land?

    <p>It comes from the direct action of the people.</p> Signup and view all the answers

    According to Judge Thomas Cooley, what is a Constitution?

    <p>A body of rules and maxims by which sovereign powers are exercised. (D)</p> Signup and view all the answers

    The President has the power to abolish any constitutional office through an Executive Order.

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

    What is the main reason why the sale of an island in Batanes is unconstitutional?

    <p>because it is part of the territory of the Philippines and outside the commerce of man</p> Signup and view all the answers

    According to Justice Malcolm, a constitution is a written instrument that establishes, limits and defines the fundamental powers of the ________.

    <p>government</p> Signup and view all the answers

    If a contract between the Philippines and another country is inconsistent with the Constitution, which should prevail?

    <p>The Constitution, as the paramount law. (B)</p> Signup and view all the answers

    The fact that the Philippines needs money can justify violating the Constitution.

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

    Who challenged the constitutionality of the Executive Order abolishing the Office of the Ombudsman?

    <p>Atty. Utlum</p> Signup and view all the answers

    Match the term with the correct definition or description:

    <p>Constitution = Fundamental law of a state Executive Order = Presidential legal issuance Office of the Ombudsman = Constitutional office Public Domain = Lands owned by the government</p> Signup and view all the answers

    What is the primary purpose of the State according to the text?

    <p>To preserve and protect individual rights against arbitrary authority (A)</p> Signup and view all the answers

    A nation is primarily a legal concept requiring recognition from the international community of States.

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

    What does internal sovereignty refer to?

    <p>the power of the State to control its domestic affairs</p> Signup and view all the answers

    The agency through which the will of the State is formulated, expressed, and realized is called the ______.

    <p>government</p> Signup and view all the answers

    Which of the followings is NOT an element of the state

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

    External sovereignty is also known as independence.

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

    What is the definition of sovereignty?

    <p>Sovereignty is the supreme and uncontrollable power inherent in a State by which that State is governed.</p> Signup and view all the answers

    Match the following concepts with their descriptions:

    <p>State = A community of people in a fixed territory under an independent government. Nation = A group of people with shared characteristics. Internal Sovereignty = The power of a state to control domestic affairs. External Sovereignty = The power of a state to direct its relations with other States</p> Signup and view all the answers

    Which of the following is NOT a check by the Legislature on the Executive branch?

    <p>Declaring a law unconstitutional (B)</p> Signup and view all the answers

    The judiciary can determine if there has been a grave abuse of discretion by any branch of the government.

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

    What body holds the legislative power in the Philippines?

    <p>Congress of the Philippines</p> Signup and view all the answers

    The President's power to declare martial law may be revoked by the ______.

    <p>Legislature</p> Signup and view all the answers

    Match the following terms with their descriptions:

    <p>Veto Override by Legislature = A check on the Executive; when the legislature overrules an executive refusal to sign a bill, making it law Judicial Review = Determines the constitutionality of laws and executive actions Legislative Power = The authority to make laws Initiative = A process allowing citizens to initiate laws through direct vote</p> Signup and view all the answers

    What is the 'initiative' as defined?

    <p>A process where the citizens directly propose and legislate laws (C)</p> Signup and view all the answers

    The President can unilaterally abolish a department created by a special law

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

    Aside from Congress, who else has legislative power in the Philippines?

    <p>The people</p> Signup and view all the answers

    How are Senators in the Philippines elected?

    <p>At-large by qualified voters nationwide (C)</p> Signup and view all the answers

    Atty.Van-tugged is correct in arguing that mandatory drug testing for senatorial candidates is constitutional.

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

    What does 'at-large' mean in the context of Senatorial elections in the Philippines?

    <p>Senators are elected nationwide.</p> Signup and view all the answers

    According to the Constitution, a person must be at least ______ years old to be a Senator.

    <p>thirty-five</p> Signup and view all the answers

    What are the exclusive qualifications to be a Senator according to Section 3, Article VI?

    <p>Natural-born citizen, at least 35 years old, able to read and write, registered voter, and a resident of the Philippines for 2 years. (A)</p> Signup and view all the answers

    Senator Rubin was correct in arguing that he could acquire American citizenship after being elected, since it was not a requirement at the time of the election.

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

    Match the following terms with the best description regarding the qualifications for a Senator:

    <p>Natural-born citizen = Citizenship at birth Registered Voter = Listed as an eligible voter Resident = Lives in the Philippines for 2 years before election 35 years of age = Minimum age requirement</p> Signup and view all the answers

    The qualifications for a Senator are not only exclusive, but also considered to be ______.

    <p>continuing</p> Signup and view all the answers

    How is the number of seats available for the party-list system calculated?

    <p>The number of seats available to legislative districts divided by 0.8, then multiplied by 0.20. (A)</p> Signup and view all the answers

    A party receiving at least 2% of the total votes cast for the party-list system is entitled to two guaranteed seats.

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

    What happens to fractional seats when computing additional seats for the party-list system?

    <p>Fractional seats are disregarded.</p> Signup and view all the answers

    The 2% threshold is constitutional only insofar as the determination of the ______ seat is concerned.

    <p>guaranteed</p> Signup and view all the answers

    If there are 220 seats available to legislative districts, how many seats should be available for the party-list, based on the given calculation?

    <p>55 (A)</p> Signup and view all the answers

    A member of the House of Representatives is allowed to serve more than three consecutive terms.

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

    According to the content, what is the maximum number of seats a party, organization, or coalition can be entitled to?

    <p>3 (B)</p> Signup and view all the answers

    Flashcards

    What is a Constitution?

    A set of fundamental laws that outlines the structure, powers, and limitations of a government. It serves as the supreme law of the land, to which all other laws must conform.

    Supreme Law

    The Constitution is supreme, meaning it overrides any other law or executive order. No one, including the President, is above the Constitution.

    Constitutional Body

    The Office of the Ombudsman is established by the Constitution, making it a protected body, which cannot be abolished by executive order.

    Foreign Ownership

    The Philippines' Constitution prohibits foreign ownership of Philippine lands, including those in the public domain.

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    National Territory

    The Constitution protects national territory and defines it as outside the scope of trade and commerce (meaning it cannot be sold).

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    Supreme Law during Crisis

    Even in times of crisis, the Constitution remains supreme. Good intentions cannot override the Constitution.

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    International Agreement

    International agreements must comply with the Constitution. If a contract violates the Constitution, it cannot be honored.

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    National Sovereignty

    The Constitution upholds the principle of national sovereignty. It protects the country's resources and independence.

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    What makes the Constitution supreme?

    The Constitution is the supreme law of the land because it originates from the direct act of the people, making it superior to any other law, executive issuance, or administrative action.

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    Constitution's Supremacy.

    The Constitution dictates that no act, regardless of its intention, is valid if it contradicts the Constitution. The Constitution must be upheld until it's formally changed by the people.

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    Constitution's Effectivity.

    The 1987 Constitution takes effect on the date of the plebiscite, regardless of when the results are announced. The people's direct action through voting determines its effectivity.

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    Constitution's Purpose.

    The primary function of a constitution is to establish the government's fundamental framework, outlining roles, powers, and principles. It serves as the supreme law guiding all governmental actions and ensuring citizens' rights.

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    Constitution's Role in Law.

    The Constitution is the basis for all other laws and regulations, ensuring their conformity. It acts as the ultimate test for the legality of any government action.

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    Establishing the Government Structure.

    The Constitution defines the basic structure of the government and assigns specific powers and duties to each branch. It also lays down the core principles on which the government operates.

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    Constitution's Binding Force.

    The Constitution is binding on all citizens, from individuals to government officials, ensuring its universal application.

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    State

    A community of people living in a defined area, with a government that has the power to make and enforce laws, and recognized by other states.

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    Sovereignty

    The power of a state to make and enforce laws within its own territory without interference from other states.

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    People (in the context of a State)

    The population of a state, which should be large enough to be self-sufficient but small enough to be easily governed.

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    Territory (in the context of a State)

    The fixed area of land occupied by a state, neither too large nor too small to be effectively governed.

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    Government (in the context of a State)

    The agency responsible for implementing and executing the will of the state through laws, policies, and regulations.

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    External Sovereignty

    The power of a state to make decisions and control its relationship with other states, demonstrating its independence and international recognition.

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    Internal Sovereignty

    The power of a state to control its domestic affairs, including its laws, policies, and institutions.

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    Nation

    A group of people sharing common characteristics like language, culture, or history, often existing across multiple states.

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    Legislative Power

    The power to create, alter, or repeal laws.

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    Initiative

    The power to propose and pass laws directly by citizens.

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    Presidential Veto

    The President's power to veto a law passed by the Congress.

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    Congressional Override

    The Congress's power to override the President's veto.

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    Judicial Review

    The Judiciary's power to declare laws or executive acts unconstitutional.

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    Senate Confirmation

    The power of the legislature to reject a presidential appointment.

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    Legislative Revoke

    The power of the legislature to revoke a presidential declaration of martial law or suspension of habeas corpus.

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    Checks and Balances

    The process by which a branch of government can limit the power of another branch.

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    What does 'at-large' mean in the context of Philippine elections?

    Senators are elected by all qualified voters in the Philippines, not just a specific district.

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    What are the qualifications to become a Senator in the Philippines?

    The Constitution outlines the specific requirements for becoming a Senator, including citizenship, age, literacy, registration, and residency.

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    Can the COMELEC impose additional requirements for Senatorial candidates?

    The COMELEC cannot add new requirements for becoming a Senator beyond those listed in the Constitution. Mandatory drug testing for Senatorial candidates is unconstitutional.

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    Are the Senatorial qualifications 'continuing'?

    The qualifications for becoming a Senator are not just required at the time of election, but must be maintained throughout the entire term.

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    Can a Senator change their citizenship during their term?

    Once elected, a Senator must fulfill all the requirements of the position throughout their term. This includes maintaining their citizenship.

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    What is the Senate Electoral Tribunal?

    The Senate Electoral Tribunal handles disputes related to the election of Senators.

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    Can the Senate Electoral Tribunal remove a Senator from office?

    The Senate Electoral Tribunal can remove a Senator from office if they no longer meet the qualifications for the position.

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    What is the role of the Constitution in relation to other laws?

    The Constitution is the supreme law of the land, and all other laws must comply with it.

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    Party-list system in the Philippines

    The party-list system in the Philippines allocates seats in the House of Representatives to parties, organizations, and coalitions representing various sectors.

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    2% threshold for party-list seats

    A party, organization, or coalition must receive at least 2% of the total votes cast for the party-list system to be eligible for a guaranteed seat.

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    Proportionality in party-list seat allocation

    The number of additional seats a party can get is determined by their proportion of votes, ensuring that the number of seats reflects the number of votes they received.

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    Three-seat limit for party-list groups

    A party, organization, or coalition is limited to a maximum of three seats in the House of Representatives, regardless of the number of votes they receive.

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    Excluding guaranteed seats from additional seat calculations

    The guaranteed seat for a party-list group is not counted when calculating additional seats to ensure fairness in the allocation process.

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    Disregarding fractional seats in party-list allocation

    Fractional seats are disregarded when allocating party-list seats due to the absence of a rounding-off provision in the law.

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    Invalidity of the 2% threshold for additional seats

    The 2% threshold for the allocation of additional seats is not valid. The Constitution aims for representation of various interests, and the threshold hinders this goal.

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    Term limit for House of Representatives members

    A member of the House of Representatives serves a three-year term, starting at noon on June 30th following their election.

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    Study Notes

    Constitution as Supreme Law

    • The constitution is a body of rules and maxims that governs how sovereign powers are exercised.
    • It defines, limits, and distributes governmental powers among different branches.
    • It's the foundational law, superior to all other laws, executive orders, and contracts.

    Judicial Review of Executive Orders

    • A judge should rule against the constitutionality of an executive order that conflicts with the constitution.
    • The constitution is the supreme law, and all actions must conform to it.

    Economic Crisis and Constitutional Implications

    • The Philippines faced severe economic challenges due to the pandemic.
    • Selling a Philippine island to China is unconstitutional as it violates the principle that lands within a territory cannot be sold.
    • The constitution prioritizes the people's interests over arbitrary actions by government officials.

    Ratification of the Constitution

    • The 1987 Philippine Constitution ratification process began on February 2, 1987, but the final results were announced on February 11, 1987.
    • The effective date of the constitution was February 2, 1987, based on the time of the direct involvement by the people.

    Nature and Purpose of the Constitution

    • The constitution is the supreme law, fundamental law of the land, the supreme charter and sets standards for all laws and public authority.
    • It defines the structure and function of the government, and it protects fundamental rights.
    • The constitution outlines the fundamental law for the governance of the people of an entire country.
    • The constitution establishes principles for determining private rights, and the constitution is a supreme law that must be complied with.

    Concept and Nature of the State

    • A state is a community of people occupying a fixed territory with an independent government.
    • It's recognized by the international community.

    Elements of the State

    • People: The inhabitants of the state must be numerous enough to defend and govern themselves and manage the functions of a state.
    • Territory: The fixed portion of land that the State occupies. It must be neither too small nor large to govern.
    • Government: The agency that formulates and executes the will of the State.
    • Sovereignty: The supreme power of the state to govern itself.

    Separation of Powers

    • The three branches of government (executive, legislative, and judicial) must function within their respective constitutional limits.
    • The President may not overstep their authority, especially in matters that are reserved for either of the other branches.

    Checks and Balances

    • Each branch of government has powers that can limit the actions of the other branches.
    • For example, the President can veto legislation, Congress can impeach the President, and the judiciary can declare laws unconstitutional.

    Legislative Powers

    • The legislative branch holds the authority to create, amend, and repeal laws.
    • Legislative powers are limited by the Constitution and by the procedural limits such as the need for certain types of bills to pass specific houses of Congress.

    Initiative and Referendum

    • Citizens have the ability to directly propose and enact laws.
    • Initiative: Citizens propose, and potentially, enact laws.
    • Referendum: Citizens vote to approve or reject laws or ordinances already proposed.

    Legislative Apportionment and Reapportionment

    • The constitution dictates the number of seats allocated in each legislative branch and territory, and ensures that this remains proportional. An allocation must be made and reviewed periodically
    • Congress must reapportion legislative districts every three years following a complete census survey.
    • Reapportionment: The allocation of seats according to population distribution.

    Party-List System

    • There exist party/sectoral groups who wish to have representation in the legislature (legislative branch).
    • The party-list system in the Philippines allows representation for underrepresented sectors in the legislature.
    • The distribution of seats for party-list is determined by a percentage of the total votes cast in an election, and is subject to a minimum of two percent.

    Constitutional Limitations and Exceptions

    • Specific provisions that limit the powers of each branch.
    • Exceptions to these limitations may be present, but must also comply with the constitutional limits.

    Other Constitutional Considerations

    • Age restrictions for certain offices
    • Citizenship for certain positions
    • Immunities for elected officials
    • Immunity from prosecution for certain legislative actions

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    Description

    This quiz covers the fundamental aspects of the Philippine Constitution, addressing its role as the supreme law, the process of judicial review, and the implications during times of economic crises. Explore how constitutional principles guide government actions and the protection of national interests.

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