Constitutional Law: Principles, History, and Interpretation

Flashcards covering the definition, history, and interpretation of the Philippine Constitution, including key case law such as Javellana v. Executive Secretary, Neri v. Senate, and Lambino v. COMELEC.

According to Manila Prince Hotel v. Government Service Insurance System, the Constitution is described as a system of __________ laws for the governance and administration of a nation.

fundamental

Under the doctrine of __________, any law or contract that violates a norm of the constitution is rendered null and void.

constitutional supremacy

A __________ provision is a mandatory, positive command complete in itself, needing no further guidelines or implementing laws for enforcement.

self-executing

The Supreme Court in Senate v. Ermita distinguished between the legislative power of inquiry under Section 21, Article VI and the __________ under Section 22, Article VI.

oversight function

The __________ privilege is founded on the President's generalized interest in confidentiality for candid advice to facilitate policy decision-making.

presidential communications

Article XV, Section 1 of the 1935 Constitution provided that amendments would be valid when approved by a majority of the votes cast at an __________.

election

The __________ Amendment, ratified in November $1946$, established an express exception regarding the exploitation of natural resources and operation of public utilities for US citizens.

Parity

The Parity Amendment permitted United States citizens to acquire and exploit agricultural lands of the __________, but not private agricultural land.

public domain

In __________ v. Commission on Elections, the Court addressed whether a resolution allowing Senators to be delegates to a convention without forfeiting seats was a political question.

Gonzales

Proclamation No. __________ certified that the proposed $1973$ Constitution had been ratified by an overwhelming majority of votes cast by Citizens Assemblies.

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In the case of Sanidad v. Commission on Elections, the Court used the concept of "urges of __________" to justify the President's power to propose amendments when the interim Assembly was not operational.

absolute necessity

The interim National Assembly was abrogated and supplanted by the __________ by virtue of the $1976$ amendments.

interim Batasang Pambansa

In Occena v. Commission on Elections, the Court stated that "__________" includes the total overhaul of the entire Constitution.

amendment

The $1986$ __________ Constitution served as the transitional fundamental law after the February $1986$ revolution.

Provisional

Article VIII, Section 1, paragraph $2$ of the $1987$ Constitution explicitly defines judicial power to include determining if there has been __________ of discretion by any branch of government.

grave abuse

Section 3(5) of Article XI of the $1987$ Constitution states that no impeachment proceedings shall be initiated against the same official more than once within a period of __________.

one year

The principle of __________ dictates that words in the Constitution must be given their ordinary meaning unless technical terms are involved.

Verba legis

The principle of __________ means that the Constitution should be interpreted as a whole so that every provision is operative.

Ut magis valeat quam pereat

The legal maxim __________ means that a case omitted is to be held as intentionally omitted.

Casus omissus pro omisso habendus est

In Defensor Santiago v. Commission on Elections, the Court found that Section 2 of Article XVII regarding the right to __________ is not self-executory.

initiative

The __________ test for distinguishing between amendment and revision asks if the proposed change alters the basic principle on which the constitutional structure rests.

qualitative

A people's initiative must adhere to the __________ rule to prevent the intermingling of unrelated propositions in one petition.

single subject

The practice of combining multiple unrelated propositions into one petition to force signers to approve or reject the whole is known as __________.

logrolling

Section 2, Article XVII of the $1987$ Constitution allows for amendments through initiative upon a petition of at least __________ per centum of the total number of registered voters.

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