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Questions and Answers
What should happen if an act conflicts with the Constitution?
What should happen if an act conflicts with the Constitution?
The Constitution can be changed only by the executive branch.
The Constitution can be changed only by the executive branch.
False (B)
When does the 1987 Constitution take effect?
When does the 1987 Constitution take effect?
February 2, 1987
The Constitution serves as the supreme or _______ law.
The Constitution serves as the supreme or _______ law.
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Match the concept to its description:
Match the concept to its description:
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What is one of the main purposes of the Constitution?
What is one of the main purposes of the Constitution?
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An island, as part of the Philippine territory, can be sold to any person, including aliens.
An island, as part of the Philippine territory, can be sold to any person, including aliens.
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Why is the Constitution considered the supreme law of the land?
Why is the Constitution considered the supreme law of the land?
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According to Judge Thomas Cooley, what is a Constitution?
According to Judge Thomas Cooley, what is a Constitution?
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The President has the power to abolish any constitutional office through an Executive Order.
The President has the power to abolish any constitutional office through an Executive Order.
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What is the main reason why the sale of an island in Batanes is unconstitutional?
What is the main reason why the sale of an island in Batanes is unconstitutional?
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According to Justice Malcolm, a constitution is a written instrument that establishes, limits and defines the fundamental powers of the ________.
According to Justice Malcolm, a constitution is a written instrument that establishes, limits and defines the fundamental powers of the ________.
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If a contract between the Philippines and another country is inconsistent with the Constitution, which should prevail?
If a contract between the Philippines and another country is inconsistent with the Constitution, which should prevail?
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The fact that the Philippines needs money can justify violating the Constitution.
The fact that the Philippines needs money can justify violating the Constitution.
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Who challenged the constitutionality of the Executive Order abolishing the Office of the Ombudsman?
Who challenged the constitutionality of the Executive Order abolishing the Office of the Ombudsman?
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Match the term with the correct definition or description:
Match the term with the correct definition or description:
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What is the primary purpose of the State according to the text?
What is the primary purpose of the State according to the text?
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A nation is primarily a legal concept requiring recognition from the international community of States.
A nation is primarily a legal concept requiring recognition from the international community of States.
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What does internal sovereignty refer to?
What does internal sovereignty refer to?
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The agency through which the will of the State is formulated, expressed, and realized is called the ______.
The agency through which the will of the State is formulated, expressed, and realized is called the ______.
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Which of the followings is NOT an element of the state
Which of the followings is NOT an element of the state
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External sovereignty is also known as independence.
External sovereignty is also known as independence.
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What is the definition of sovereignty?
What is the definition of sovereignty?
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Match the following concepts with their descriptions:
Match the following concepts with their descriptions:
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Which of the following is NOT a check by the Legislature on the Executive branch?
Which of the following is NOT a check by the Legislature on the Executive branch?
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The judiciary can determine if there has been a grave abuse of discretion by any branch of the government.
The judiciary can determine if there has been a grave abuse of discretion by any branch of the government.
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What body holds the legislative power in the Philippines?
What body holds the legislative power in the Philippines?
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The President's power to declare martial law may be revoked by the ______.
The President's power to declare martial law may be revoked by the ______.
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Match the following terms with their descriptions:
Match the following terms with their descriptions:
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What is the 'initiative' as defined?
What is the 'initiative' as defined?
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The President can unilaterally abolish a department created by a special law
The President can unilaterally abolish a department created by a special law
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Aside from Congress, who else has legislative power in the Philippines?
Aside from Congress, who else has legislative power in the Philippines?
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How are Senators in the Philippines elected?
How are Senators in the Philippines elected?
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Atty.Van-tugged is correct in arguing that mandatory drug testing for senatorial candidates is constitutional.
Atty.Van-tugged is correct in arguing that mandatory drug testing for senatorial candidates is constitutional.
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What does 'at-large' mean in the context of Senatorial elections in the Philippines?
What does 'at-large' mean in the context of Senatorial elections in the Philippines?
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According to the Constitution, a person must be at least ______ years old to be a Senator.
According to the Constitution, a person must be at least ______ years old to be a Senator.
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What are the exclusive qualifications to be a Senator according to Section 3, Article VI?
What are the exclusive qualifications to be a Senator according to Section 3, Article VI?
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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.
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.
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Match the following terms with the best description regarding the qualifications for a Senator:
Match the following terms with the best description regarding the qualifications for a Senator:
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The qualifications for a Senator are not only exclusive, but also considered to be ______.
The qualifications for a Senator are not only exclusive, but also considered to be ______.
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How is the number of seats available for the party-list system calculated?
How is the number of seats available for the party-list system calculated?
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A party receiving at least 2% of the total votes cast for the party-list system is entitled to two guaranteed seats.
A party receiving at least 2% of the total votes cast for the party-list system is entitled to two guaranteed seats.
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What happens to fractional seats when computing additional seats for the party-list system?
What happens to fractional seats when computing additional seats for the party-list system?
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The 2% threshold is constitutional only insofar as the determination of the ______ seat is concerned.
The 2% threshold is constitutional only insofar as the determination of the ______ seat is concerned.
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If there are 220 seats available to legislative districts, how many seats should be available for the party-list, based on the given calculation?
If there are 220 seats available to legislative districts, how many seats should be available for the party-list, based on the given calculation?
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A member of the House of Representatives is allowed to serve more than three consecutive terms.
A member of the House of Representatives is allowed to serve more than three consecutive terms.
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According to the content, what is the maximum number of seats a party, organization, or coalition can be entitled to?
According to the content, what is the maximum number of seats a party, organization, or coalition can be entitled to?
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Flashcards
What is a Constitution?
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
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
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
Foreign Ownership
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National Territory
National Territory
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Supreme Law during Crisis
Supreme Law during Crisis
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International Agreement
International Agreement
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National Sovereignty
National Sovereignty
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What makes the Constitution supreme?
What makes the Constitution supreme?
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Constitution's Supremacy.
Constitution's Supremacy.
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Constitution's Effectivity.
Constitution's Effectivity.
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Constitution's Purpose.
Constitution's Purpose.
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Constitution's Role in Law.
Constitution's Role in Law.
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Establishing the Government Structure.
Establishing the Government Structure.
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Constitution's Binding Force.
Constitution's Binding Force.
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State
State
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Sovereignty
Sovereignty
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People (in the context of a State)
People (in the context of a State)
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Territory (in the context of a State)
Territory (in the context of a State)
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Government (in the context of a State)
Government (in the context of a State)
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External Sovereignty
External Sovereignty
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Internal Sovereignty
Internal Sovereignty
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Nation
Nation
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Legislative Power
Legislative Power
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Initiative
Initiative
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Presidential Veto
Presidential Veto
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Congressional Override
Congressional Override
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Judicial Review
Judicial Review
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Senate Confirmation
Senate Confirmation
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Legislative Revoke
Legislative Revoke
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Checks and Balances
Checks and Balances
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What does 'at-large' mean in the context of Philippine elections?
What does 'at-large' mean in the context of Philippine elections?
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What are the qualifications to become a Senator in the Philippines?
What are the qualifications to become a Senator in the Philippines?
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Can the COMELEC impose additional requirements for Senatorial candidates?
Can the COMELEC impose additional requirements for Senatorial candidates?
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Are the Senatorial qualifications 'continuing'?
Are the Senatorial qualifications 'continuing'?
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Can a Senator change their citizenship during their term?
Can a Senator change their citizenship during their term?
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What is the Senate Electoral Tribunal?
What is the Senate Electoral Tribunal?
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Can the Senate Electoral Tribunal remove a Senator from office?
Can the Senate Electoral Tribunal remove a Senator from office?
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What is the role of the Constitution in relation to other laws?
What is the role of the Constitution in relation to other laws?
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Party-list system in the Philippines
Party-list system in the Philippines
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2% threshold for party-list seats
2% threshold for party-list seats
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Proportionality in party-list seat allocation
Proportionality in party-list seat allocation
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Three-seat limit for party-list groups
Three-seat limit for party-list groups
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Excluding guaranteed seats from additional seat calculations
Excluding guaranteed seats from additional seat calculations
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Disregarding fractional seats in party-list allocation
Disregarding fractional seats in party-list allocation
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Invalidity of the 2% threshold for additional seats
Invalidity of the 2% threshold for additional seats
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Term limit for House of Representatives members
Term limit for House of Representatives members
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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.