Constitutional Law 1 - Midterms Review Flashcards

A comprehensive set of Q&A-style flashcards covering major concepts from the notes on Constitutional and Political Law, including the state, citizenship, territorial regimes, legislative power, and oversight.

What branch of public law deals with the organization and operations of the governmental organs of the State and defines the relations of the State with its inhabitants?

Political Law.

What is Constitutional Law a study of?

The structure and powers of the Government of the Philippines and the basic concepts of Political Law (nature of the state, supremacy of the Constitution, separation of powers, rule of the majority).

Why is the Constitution written?

For the uniformity and predictability of laws.

From which country are the Rule of Equity and Rule of Procedure anchored?

Rule of Equity is anchored from the United Kingdom; Rule of Procedure from the United States and Spain.

Who established the First Philippine Republic and who led it?

Emilio Aguinaldo established the First Philippine Republic.

What did the Malolos Constitution establish in terms of government?

A parliamentary system with the President as the head of government.

Which law established the bicameral legislature in the Philippines under American rule?

Jones Law (Philippine Autonomy Act).

Which constitutional provision in the 1987 Constitution is self-executing, as recognized in Manila Prince Hotel v. GSIS?

Article XII, Section 10(2) (the preference to qualified Filipinos applies immediately when the State grants rights, privileges, or concessions tied to national economy or patrimony).

Which cases illustrate the independence of appointments of Constitutional Commissions?

Funa v. Villar and related cases; Article IX-D, Section 1(2) of the 1987 Constitution.

What does Hacienda Luisita v. PARC decision relate to?

Constitutional supremacy and the constitutionality/interpretation of agrarian reform laws (RA 6657).

What is the Archipelagic Doctrine?

The archipelago is a single, integrated national territory; baselines connect outermost points to enclose the archipelago, and waters landward of baselines are internal waters.

What is the Archipelagic Baseline Method?

Straight Archipelagic Baseline method allows drawing straight lines connecting outermost points of the outermost islands and drying reefs.

What is RA 3046 (1961) known for?

Baseline Law; it defines baselines from which maritime zones are measured and established the archipelagic state concept.

What did RA 9522 (2009) do concerning baselines and Kalayaan Group?

Adjusted baselines to conform with UNCLOS and classified Kalayaan Island Group and Scarborough Shoal as a regime of islands.

What is the internal waters concept in relation to baselines?

Internal waters are the waters on the landward side of the baselines; foreign vessels have no navigational rights there unless expressly authorized.

What is the territorial sea in Philippine law?

An adjacent belt not exceeding 12 nautical miles from baselines.

What does EEZ stand for and how far does it extend from the baselines?

Exclusive Economic Zone; up to 200 nautical miles from the baselines.

What is the reach of a continental shelf?

The seabed and subsoil of submarine areas extending beyond a state's territorial sea.

What are the four elements of the State?

People, Territory, Government, Sovereignty.

Who is the head of state in the Philippines and what is a key constitutional principle about acts of the state?

The President; an act of state cannot be questioned or certiorari (non-justiciable).

What is the difference between internal and external sovereignty?

Internal sovereignty is the power to command obedience within the state; external sovereignty is recognition by other states of the state's existence.

What are the two primary modes of naturalization in the Philippines?

Administrative Naturalization (RA 9139) and Judicial Naturalization (Commonwealth Act No. 473).

What is derivative citizenship in Philippine law?

Citizenship derived from a Filipino father or mother extending to spouse and legitimate minor children, subject to conditions; also includes other derivative rules.

List ways citizenship may be lost under Philippine law.

Naturalization in another country; express renunciation or expatriation; oath of allegiance to another country; marriage of a Filipino to a foreigner under certain conditions; denaturalization.

What is repatriation in Philippine citizenship law (RA 8171)?

Recovery of original nationality for those who were natural-born but lost citizenship, typically involving oath of allegiance and registration with authorities.

What do dual citizenship and dual allegiance mean in the Philippine context?

Dual citizenship allows holding two nationalities; dual allegiance is loyalty to two states and is discouraged for public officers.

Which section of the Local Government Code disqualifies dual citizens from running for elective local positions?

Section 40(D) of the Local Government Code.

What is the general rule regarding Immunity from Suit?

The State cannot be sued without its consent (Article 16, Section3), except where sovereignty is not involved; public officers have immunity in certain contexts.

What are the three sovereign powers of the State?

Police Power, Taxation, Eminent Domain.

What are the requisites for a valid exercise of the power of taxation?

Territorial jurisdiction, public purpose, uniformity, due process, and conformity with the Constitution.

What are the requisites of valid exercise of Eminent Domain?

Private property, public use or public purpose, reasonable or practical necessity, just compensation, due process.

When can the state’s immunity from suit be waived?

By Congress or when the state itself initiates litigation or enters into contracts; courts generally cannot unilaterally waive immunity.

What is the doctrine of Non-Delegation of Powers?

Sovereign power cannot be delegated beyond the limits set by the Constitution; delegation must be within statutory boundaries to prevent bias and abuse.

What is PLATE in the context of delegation of legislative power?

People’s Initiative, Local Government Units, Administrative Bodies, Tariff, Emergency Power—the ways delegated to administrative actors.

What are the two tests used to evaluate delegation of legislative power?

1) Completeness Test – the law must be complete; the delegate implements, does not add. 2) Sufficiency Standard Test – the law sets clear boundaries and policy.

What are the two houses of the Legislative Department and their general composition?

The Congress consisting of the Senate and the House of Representatives.

What are the basic qualifications for a Senator?

Natural-born citizen, at least 35 years old, able to read and write, registered voter, resident for at least 2 years before the election.

How long is a Senator’s term and can they serve consecutive terms?

Six-year term; no two consecutive terms.

Who makes up the House of Representatives and what is the 20% seat rule for party-list?

Not more than 250 members; 20% of total seats reserved for party-list representatives.

What are party-list requirements under RA 7941?

National, regional, or sectoral parties; nominees must be bona fide members or have track records; marginalized sectors may be represented.

How are the 20% party-list seats allocated under RA 7941?

Rank parties by votes; 2% of votes gets one seat, more seats in proportion to votes, but no party gets more than 3 seats.

What does Article VI, Section 25-29 govern in the Legislative Department?

Appropriations; general and special appropriations; budget preparation; restrictions on transfers; no automatic inflation of items; special funds; executive limitations.

What is the rule on taxation exemptions for religious, charitable, or educational institutions?

Tax exemptions may be granted for religious, charitable, or educational purposes; majority of Congress must concur for tax exemptions.

What is the role of the Electoral Tribunal?

Each chamber’s Electoral Tribunal is the sole judge of contests relating to elections, returns, and qualifications of its members.

What comprises the Commission on Appointments?

President of the Senate (ex officio Chairman), 12 Senators, and 12 Representatives elected by each House (proportional representation) from party-list groups.

When does the President appoint officials with the consent of the Commission on Appointments, and for how long are these appointments valid?

Presidential appointments require the consent of the Commission on Appointments; appointments to Constitutional Commissions are for 7 years without reappointment and cannot be made on an acting basis.

What is Ad Interim appointment?

Presidential appointment during Congress’ recess; not applicable to Constitutional Commissions; later subject to confirmation.

What is the purpose of the Question Hour in the Oversight Function?

To elicit information from department heads for oversight and accountability of the executive; part of interdepartmental courtesy.

What is the requisites of Congress Journals and Records?

To publish proceedings; yeas and nays are recorded upon request; judgments affecting national security may be withheld from publication.

What is the difference between a Congressional Journal and Record?

Journals are the official record of proceedings; Records are a resume/minute transcript of sessions.

What ensures accountability of Members’ financials in Congress?

Congress Journals/Records and COA audits; Members’ expenses are published annually.