Philippine Government, Constitution, and Legal System

Comprehensive vocabulary flashcards covering the Philippine Constitution, forms of government, sources of law, the separation of powers across the Legislative, Executive, and Judicial departments, the lawmaking process, and judicial hierarchy.

Customary Law (Philippine Legal System)

A secondary source of Philippine law recognized under Article 6, Paragraph 2 of the Constitution, which provides that the State shall recognize, respect, and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions.

Primary Sources of Muslim Law (Shariah)

The four fundamental sources governing Muslim law in the Philippines: the Quran, Sunnaqh, Ijma, and Qiyas.

Article II, Section 1 of the 1987 Philippine Constitution

The constitutional declaration of state policy providing that the Philippines is a democratic and republican State, wherein sovereignty resides in the people, and all government authority emanates from them.

Demokratia

The ancient Greek word emerging around the 5th to 4th centuries BC following revolts that removed tyrants in Athens, literally meaning the rule (kratos) of the people (demos).

Democracy

Government by the people; a form of government in which supreme power is vested in the people and exercised directly by them or by their elected agents under a free electoral system.

Republic

A state in which supreme power rests in the body of citizens entitled to vote and is exercised by representatives chosen directly or indirectly by them.

Athenian Democracy

The historical system of government in ancient Greece cited as an early primary example of democracy.

Roman Republic (510 BC - 27 BC)

The ancient Mediterranean state cited as an early historical example of a republic.

Three Major Types of Democracy

The three primary classifications of democratic governance: Direct democracy, Representative Democracy, and Constitutional Democracy.

Five Types of Republics

The five structural classifications of republican government: Constitutional Republic, Parliamentary Republic, Presidential Republic, Federal Republic, and Theocratic Republic.

Democracy vs. Republic (Core Principles)

In a democracy, power is held by the people as a majority with no constraints on government and a focus on the general will; in a republic, power is held by individual citizens, laws are made by elected representatives, constraints exist on government, and the main focus is on the Constitution.

The Constitution (Source of Law)

The fundamental and supreme law of the land in the Philippine legal hierarchy.

Statutes (Philippine Legal System)

Enacted positive laws including Acts of Congress, municipal charters, municipal legislation, court rules, administrative rules and orders, legislative rules, and presidential issuances.

Article 8 of the Civil Code of the Philippines

The statutory provision mandating that judicial decisions applying to or interpreting the laws or the Constitution form part of the legal system, with only Supreme Court decisions establishing binding jurisprudence on all other courts.

Legislative Branch of the Philippines

The governmental department authorized to make, alter, and repeal laws through the power vested in the Philippine Congress, which is divided into the Senate and the House of Representatives.

Executive Branch of the Philippines

The governmental department responsible for carrying out laws, composed of the President and Vice President who are elected by direct popular vote to serve a term of six years, alongside the appointed Cabinet.

Judicial Branch of the Philippines

The governmental department that evaluates laws, settles legally demandable and enforceable controversies involving rights, and determines whether grave abuse of discretion has occurred on the part of any government branch or instrumentality.

Qualifications for President of the Philippines

Under Article VII, Section 2, the candidate must be a natural-born citizen of the Philippines, a registered voter, able to read and write, at least 40 years of age on election day, and a resident of the Philippines for at least 10 years immediately preceding the election.

Fourth Civil Degree Consanguinity Prohibition (Article VII, Section 13)

A constitutional restriction preventing the spouse and relatives by consanguinity or affinity within the fourth civil degree of the President from being appointed during his tenure to Constitutional Commissions, the Office of the Ombudsman, or as department Secretaries, Undersecretaries, or bureau heads.

Table of Consanguinity

A hierarchical diagram showing the degrees of relationship (lineal and collateral) between a person and their relatives by bloodline.

Commander-in-Chief Clause (Article VII, Section 18)

The executive power allowing the President to call out the armed forces to prevent or suppress lawless violence, invasion, or rebellion, or to suspend the privilege of the writ of habeas corpus or declare martial law for a period not exceeding 60 days, subject to congressional review.

Official Seal of the House of Representatives of the Philippines

The official circular emblem representing the lower chamber of the Philippine Congress, bearing the central national shield, stars, sun, and the year 1987.

Qualifications for Senator (Article VI, Section 3)

A natural-born citizen of the Philippines, at least 35 years of age on election day, able to read and write, a registered voter, and a resident of the Philippines for not less than two years immediately preceding the election.

Senate Term and Term Limits (Article VI, Section 4)

Senators serve a term of six years commencing at noon on June 30 next following election, and no Senator may serve for more than two consecutive terms.

Qualifications for House of Representatives Member (Article VI, Section 6)

A natural-born citizen of the Philippines, at least 25 years of age on election day, able to read and write, a resident of the district for at least one year prior to election, and a registered voter in the district (except party-list representatives).

House of Representatives Term Limits (Article VI, Section 7)

Members of the House of Representatives are elected for a term of three years, with a limit of no more than three consecutive terms.

Party-List System (Article VI, Section 5)

A constitutional arrangement whereby party-list representatives constitute 20 percent of the total members of the House of Representatives, allocated to national, regional, and sectoral groups such as labor, peasant, urban poor, indigenous communities, women, and youth, explicitly excluding the religious sector.

First Reading (Legislative Process)

The initial stage of a bill where the Secretary General reads its number and title, after which the Speaker refers it to the appropriate committee to determine the necessity of public hearings and prepare a committee report.

Second Reading (Legislative Process)

The plenary stage where the bill is included in the Calendar of Business by the Committee on Rules, undergoes reading of its text, the period of sponsorship and debate, the period of amendments, and plenary voting.

Third Reading (Legislative Process)

The final chamber vote where the bill is read by title and number only, distributed in final printed form three days in advance, permits no amendments, and requires a nominal roll call vote for approval.

Bicameral Conference Committee

A joint panel constituted from members of both the Senate and the House of Representatives to deliberate, reconcile, and settle conflicting provisions between different versions of a bill passed by both houses.

Presidential Inaction Rule (Legislative Process)

The constitutional rule specifying that if the President takes no action on an enrolled bill within 30 days of receipt, the bill automatically lapses into law.

Congressional Veto Override

The legislative power to overturn a presidential veto and enact a bill into law through an affirmative vote of $2/3$ of the members of both houses voting separately.

Official Seal of the Supreme Court of the Philippines

The official insignia of the highest court of the Philippines, featuring the coat of arms, two tablets of law, the scales of justice, and the motto 'BATAS AT BAYAN'.

Judicial Power (Article VIII, Section 1)

The authority vested in one Supreme Court and lower courts to settle actual controversies involving legally demandable and enforceable rights and determine grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any government branch.

Hierarchy of the Philippine Judiciary

The structural system of Philippine courts consisting of the Supreme Court at the apex, collegiate courts (Court of Appeals, Sandiganbayan, Court of Tax Appeals), second-level courts (Regional Trial Courts, Shari'a District Courts), and first-level courts (Metropolitan, Municipal, Municipal Circuit Trial Courts, and Shari'a Circuit Courts).

Judicial and Bar Council (JBC)

A body created under Article VIII, Section 8 under Supreme Court supervision, whose principal function is recommending a list of at least three nominees for every judicial vacancy to the President.

Qualifications for Supreme Court Justice (Article VIII, Section 7)

A natural-born citizen of the Philippines, at least 40 years of age, with at least 15 years of experience as a lower court judge or engaged in the practice of law in the Philippines, possessing proven competence, integrity, probity, and independence.