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37 Cards in this Set
- Front
- Back
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Define Constitution |
Written instrument enacted by direct action of the people by which the fundamental powers of the government are established, limited and defined. |
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Philippine Constitution |
Establishes and defines the powers of three branches of govt. : - Judiciary |
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4 Regular Philippine Consitutions |
1. Malolos Constution 2. 1935 Constitution 3. 1973 Constitution 4. 1987 Constitution |
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1943 Constitution was declared ________? |
Null and void |
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1986 Constitution was ______? |
Provisional |
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Another definition of Constitution |
Supreme law of land, it is basic and paramount law to which all other laws must conform and to which persons, including high officials of the land must defer. |
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What is pacta sunt servanda? |
Agreement must be kept |
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What is the Hierarchy of Laws? |
1. Constitution 2. Statutes 3. IRR (Implementing Rules and Regulations) |
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What are Statutes? |
Created by Congress from the authority derived from Philippine Constitution |
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What is IRR? |
Written by agencies in the Executive Branch to put statue into force. |
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Effects of Declaration of Unconstitutionality |
1. Orthodox View |
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Orthodox View? |
Unconstitutional law is NOT law; it confers no rights, imposes no duties, affords no protection, creates no office. It is deemed inoperative |
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Modern View? |
Court simply refuses to recognize and determine rights of the parties |
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Why is Philippines a State? |
It has the elements of a state which are: |
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Democratic? |
A form of government directed according to the will of the people |
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Republican? |
Country is considered "Public Matter" (???) |
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Application of Criminal Law in the Philippine National Territory? |
Penal or criminal laws are applicable within the Philippine national territory extending up to its boundaries |
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What is Lex Rei Sitae? |
"the law where property is situated" Law governing the transfer of title to property is dependent upon |
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What is Lex Loci Celebrationis? |
"law of place where the solemnity is celebrated" Forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed |
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Branches of Philippine Government? |
1. Executive |
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Executive? |
President |
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Legislative? |
1. Senate |
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Judicial? |
1. Supreme Court 2. Chief Justice as top official |
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What are the Fundamental Powers of Philippines? |
1. Police Power |
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Police Power? |
To regulate liberty and property of promotion of general welfare of people. (Medical practice also) |
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Power of Eminent Domain? |
To acquire private property, upon payment of just compensation |
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Power of Taxation? |
To demand from members of society their proportionate share/contribution to the maintenance of the government |
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Veto POwer? |
Constitutional power of President and most governors to prevent acts of Legislature from becoming law |
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Veto? |
Forbid, refusal of assent/compliance |
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Philippine flag stands for? |
Unity and national identity. Expresses Filipino's aspirations for freedom, equality, justice and nobility |
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Red stripe of flag symbolizes for?
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Courage and willingness to shed blood in defense of our country |
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Blue stripe of flag symbolizes for? |
Peace and unity among Filipinos |
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Equilateral Triangle of flag symbolizes for? |
Equality among men |
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Eight rays of the Philippine sun represents? |
Eight provinces that first revolted against the Spanish Rule. |
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Three stars of the flag represent? |
Luzon, Visayas, Mindanao |
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Coat of arms of the Republic represents three phases which are? |
1. Philippines |
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Eight provinces that revolted against Spanish Rule? |
Manila Batangas Cavity Pampanga Bulacan Lacguna Tarlac Nueva Ecija |
