Civil Service Exam General Information: Philippine Constitution

1. Q. What are included in the national territory of the Philippines

1) all the islands and waters embraced in the Philippine archipelago;
2) all other territories over which the Philippines has sovereignty or jurisdiction; and
3) all the waters around, between, and connecting the islands of the Philippine archipelago.

2. Q. What are included in the internal waters of the Philippines

A. The waters around, between, and connecting the islands of the archipelago are included in the internal waters of the Philippines.

3. Q. What kind of state is the Philippines

A. democratic and republican

4. Q. Where does sovereignty reside in, and where does government authority emanate from

A. The people.

5. Q. Which authority is supreme over the military at all times

A. Civilian authority.

6. Q. Who protects the sovereignty of the Philippines and the integrity of its national territory

A. The Armed Forces of the Philippines.

7. Q. What is the basic autonomous social institution protected and strengthened by the State

A. The family.

8. Q. From what period does the state protect the life of an unborn child

A. From conception.

9. Q. Which constitutional right guarantees that a person cannot be deprived of life, liberty, or property arbitrarily

A. Right to due process.

10. Q. Which constitutional right protects a person against illegal search of his person, house, paper, and effects

A. Right against unreasonable searches and seizure.

11. Q. Who may issue a search warrant or a warrant of arrest

A. A judge.

12. Q. When may a search warrant or warrant of arrest be issued

A. Upon a finding of probable cause.

13. Q. What happens to evidence obtained in violation of a person's right to privacy of communication and correspondence

A. The evidence may not be used against the person in any proceeding.

14. Q. Which constitutional right guarantees similar treatment of all persons

A. Right to equal protection of the laws.

15. Q. What needs to be paid in order to allow the taking of private property for a public purpose by the government

A. Just compensation.

the power of local, state or federal government agencies to take private property for "public use" so long as the government pays "just compensation."

Power of eminent domain

power of the sovereign to impose burdens or charges upon persons, property or property rights for the use and support of the government to be able to discharge its functions.

POWER OF TAXATION

is the power vested in the legislature by the Constitution to make, ordain, establish all manner of wholesome and reasonable laws for the good and welfare of the State and its people.

Police Power

3 inherent powers of the state

1. Police Power
2. Eminent Domain
3. Taxation

16. Q. What kinds of information are the people entitled to know

A. on matters of public concern.

17. Q. What are the grounds for impairing the right to travel

A. National security, public safety, and public health.

18. Q. Which constitutional right prohibits a person from being compelled to be a witness against himself

A. Right against self-incrimination.

19. Q. Which constitutional right prohibits a person from being punished twice for the same offense

A. Right against double jeopardy.

20. Q. Who are citizens of the Philippines

A.
1) those who are citizens at the time of the adoption of the 1987 Philippine Constitution;
2) those whose fathers or mothers are Filipino citizens;
3) those born before January 17, 1973, of Filipino mothers, who elected Philippine citizenship upon reaching the age of majority; and
3) those who are naturalized by law.

21. Q. What are the qualifications of a voter who is in the Philippines

A.
1) must be a Filipino citizen;
2) must not be disqualified by law;
3) must be at least 18 years old;
4) must have resided in the Philippines for at least 1 year prior to the election;
5) must have resided in the place where they intend to vote for at least 6 months prior to the election.

22. Q. Where is legislative power vested in

A. Congress.

who can concur with treaties and try impeachment cases

Senate

23. Q. What are the 2 Houses of Congress

A. Senate and House of Representatives.

24. Q. How many senators are elected to the Senate

A. 24.

25. Q. What are the qualifications of a senator

A. The qualifications are:
1) must be a natural-born Filipino citizen;
2) must be at least 35 years old on the day of the election;
3) must be able to read and write;
4) must be a registered voter; and
5) must be a Philippine resident for at least 2 years immediately preceding the day of the election.

26. Q. How long is the term of office of a senator

A. 6 years.

27. Q. How many consecutive terms may a senator serve

A. 2 terms.

28. Q.How many percent shall the party-list representatives constitute in the House of Representatives

A. 20%

29. Q. What are the qualifications of a member of the House of Representatives

A. The qualifications are:
1) must be a natural-born Filipino citizen;
2) must be at least 25 years old on the day of the election;
3) must be able to read and write;
4) must be a registered voter in the district in which he is to be elected (this requirement does not apply to a party-list representative); and
5) must be a resident for at least 1 year in the district in which he is to be elected prior to the day of the election (this requirement does not apply to a party-list representative).

30. Q. How long is the term of office of a member of the House of Representatives

A. 3 years.

31. Q. How many consecutive terms may a member of the House of Representatives serve

A. 3 consecutive terms.

32. Q. Who is the leader of the Senate

A. Senate President.

33. Q.Who is the leader of the House of Representatives

A. House Speaker.

34. Q Who is the sole judge of all contests relating to the election, returns, and qualifications of senators

A. Senate Electoral Tribunal.

35. Q. Who is the sole judge of all contests relating to the election, returns, and qualifications of the members of the House of Representatives

A. House of Representatives Electoral Tribunal.

is called to reconcile conflicting provisions of both versions of the Senate and of the House of Representatives.

Bicameral Conference Committee

Senate Committee on Accountability of Public Officers and Investigations

Investigates the wrongdoings of the government

House of Blue Ribbon Committee

36. Q. What are the privileges enjoyed by the members of Congress

A. The privileges enjoyed by the members of Congress are:
1) privilege of speech and debate (cannot be questioned or held liable for speech or debate in Congress or in any of its committees); and
2) privilege from arrest (cannot be arrested while Congress is in session for offenses punishable by not more than 6 years imprisonment).

37. Q. How does a bill become a law

A. A bill becomes a law by undergoing the following process:
1) Before a bill becomes a law, it must first be submitted to the President.
2) If the President approves the bill, then he will sign it.
3) If the President does not approve the bill, then he will veto the same and return it with his objections to the House where it originated.
4) Congress may override the presidential veto if 2/3 of both houses, voting separately, approve the enactment of the bill.
5) If the President fails to inform the originating house of his veto of a bill within 30 days from receipt, then the bill will become a law as if it was signed by the President.

38. Q. Who has the sole power to declare the existence of a state of war

A. Congress. The vote of 2/3 of both Houses of Congress, in joint session but voting separately, is needed to declare the existence of a state of war.

39. Q. How many votes by the members of Congress are needed to pass a law granting a tax exemption

A. Majority of all the members of Congress.

40. Q. What is the term used for the power of the people to directly propose and enact laws

A. Initiative.

41. Q. What is the term used for the power of the people to approve or reject laws

A. Referendum.

designate individuals in a legislature who are favorable and supportive of the government against the opposition

Proposition

proposed legislation under consideration by a legislature

Bill

formal written request made to an authority

Petition

the direct vote of all the members of an electorate on an important public question such as a change in the constitution.

Plebiscite

42. Q. Where is the executive power vested in

A. President of the Philippines.

43. Q. What are the qualifications of the President and Vice President of the Philippines

A. The qualifications are:
1) must be natural-born Filipino citizens;
2) must be registered voters;
3) must be able to read and write;
4) must be at least 40 years old on the day of the election; and
5) must be Philippine residents for at least 10 years prior to the election.

44. Q. How long is the term of office of the President and Vice President

A. 6 years.

45. Q. May the President run for re-election

A. The President is not eligible to run for any re-election. A person who has succeeded and served as President for more than 4 years is not qualified for election to the same office at any time.

46. Q. How many successive terms may the Vice President serve

A. 2 terms.

47. Q. Who canvasses the votes for the President and Vice President

A. Congress.

48. Q. In case the 2 presidential candidates with the highest number of votes received exactly the same number of votes, how will the winner be decided

A. By the vote of the majority of the members of the Senate and the House of Representatives, voting separately.

49. Q. Who shall be the sole judge of all contests involving the election, returns, and qualifications of the President and Vice President

A. Supreme Court en banc.

50. Q. Who will serve as acting president if the president and vice president were both not chosen, not qualified, died, or become permanently disabled

A. The Senate President, and if he is unable, the Speaker of the House of Representatives.

51. Q. May the President or Acting President extend permanent appointments to executive positions two months prior to the next election

A. No. Two months prior to the next election and until the end of his term, the President may only extend temporary appointments to executive positions when continued vacancies will prejudice public service or public safety.

52. Q. Who has control over all executive departments, bureaus, and offices

A. President.

53. Q. Who is the commander-in-chief of the Armed Forces of the Philippines

A. President.

54. Q. What is the procedure for the suspension of the privilege of the writ of habeas corpus and/or the proclamation of martial law

A. The procedure is as follows:
1) In case of invasion or rebellion, when the public safety requires, the President may suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law for a maximum period of 60 days.
2) Within 48 hours from the said act, the President shall submit a report to Congress.
3) Congress, by at least a majority vote of all members voting jointly, may revoke the suspension of the privilege of the writ of habeas corpus or the proclamation of martial law.
4) If Congress makes a revocation, the same cannot be set aside by the President.
5) Congress may extend the period of suspension or proclamation upon the initiative of the President.
6) Upon the filing of the proceeding by any citizen, the Supreme Court may review the sufficiency of the factual basis for the suspension or proclamation, and must issue a decision within 30 days from the said filing.

55. Q. Where is judicial power vested in

A. In one Supreme Court and in lower courts established by law.

56. Q. What is judicial power

A. It is the duty of the courts to settle actual controversies involving legally demandable and enforceable rights, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on any governmental branch or instrumentality.

57. Q. How many justices are there in the Supreme Court

A. 1 Chief Justice and 14 Associate Justices.

58. Q.Who exercises administrative supervision over the courts and its personnel

A. Supreme Court.

59. Q. What are the qualifications of a justice of the Supreme Court

A. The qualifications are:
1) must be a natural-born Filipino citizen;
2) must be at least 40 years old;
3) must have been a judge or engaged in the practice of law in the Philippines for at least 15 years; and
4) must be a person of proven competence, integrity, probity, and independence.

60. Q. Which body is tasked with recommending appointees to the judiciary

A. Judicial and Bar Council.

61. Q. Who appoints the Supreme Court justices and the judges of the lower courts

A. The President, from a list of at least 3 nominees for each vacancy by the Judicial and Bar Council. The appointment does not require confirmation.

62. Q. What is the age of retirement for justices of the Supreme Court and judges of the lower courts

A. 70 years old or until they become incapacitated to discharge their official duties.

63. Q. Who has the power to discipline and/or order the dismissal of the judges of the lower courts

A. Supreme Court en banc. A majority vote of the members who took part and voted in the deliberations is required to order a dismissal.

is a special graft court amount officials and employees

Sandiganbayan

has primary jurisdiction over cases heard by the sandiganbayan

Office of the Ombudsman

64. Q. What are the 3 independent Constitutional Commissions:

A. The 3 Constitutional Commissions are: Civil Service Commission, Commission on Elections, and Commission on Audit. These are independent and enjoy fiscal autonomy.

65. Q. What is the central personnel agency of the government

A. Civil Service Commission.

66. Q. What is the composition of the Civil Service Commission

A. Chairman and 2 Commissioners.

67. Q. What are the qualifications of the Chairman and Commissioners of the Civil Service Commission

A. The qualifications are:
1) must be natural-born Filipino citizens;
2) at least 35 years old at the time of appointment;
3) with proven capacity for public administration; and
4) must not have been candidates in the immediately preceding election.

68. Q. Who appoints the Chairman and Commissioners of the Civil Service Commission

A. The President, with the consent of the Commission on Appointments.

69. Q. How long is the term of office of the Chairman and Commissioners of the Civil Service Commission

A. 7 years without reappointment.

70. Q. What are included in the civil service

A. The civil service includes all branches, subdivisions, instrumentalities, and agencies of the government. It also includes government-owned or controlled corporations with original charters.

71. Q. How are appointments in the civil service made

A. The appointments are made based on merit and fitness, through a competitive examination, except for the following positions:
1) policy determining;
2) primarily confidential; and
3) highly technical.

72. Q. Which constitutional body is tasked to enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall

A. Commission on Elections.

73. Q. What is the composition of the Commission on Elections

A. Chairman and 6 Commissioners.

74. Q. What are the qualifications of the Chairman and Commissioners of the Commission on Elections

A. The qualifications are:
1) must be natural-born Filipino citizens;
2) at least 35 years old at the time of appointment;
3) must be college graduates;
4) must not have been candidates in the immediately preceding election; and
5) majority must be members of the Philippine bar engaged in the practice of law for at least 10 years.

75. Q. Who appoints the Chairman and Commissioners of the Commission on Elections

A. The President, with the consent of the Commission on Appointments.

76. Q. How long is the term of office of the Chairman and Commissioners of the Commission on Elections

A. 7 years without reappointment.

77. Q. When is the election period

A. The election period starts 90 days before and ends 30 days after the day of the election (unless otherwise fixed by COMELEC in special cases).

78. Q. Which constitutional body has the power to examine, audit, and settle all accounts pertaining to the funds and properties of the government

A. Commission on Audit.

79. Q. What is the composition of the Commission on Audit

A. Chairman and 2 Commissioners.

80. Q. What are the qualifications of the Chairman and Commissioners of the Commission on Audit

A. The qualifications are:
1) must be natural-born Filipino citizens;
2) must be at least 35 years old at the time of appointment;
3) must be certified public accountants with at least 10 years of auditing experience or members of the Philippine bar engaged in the practice of law for at least 10 years;
4) must not have been candidates in the immediately preceding election; and
5) members must not all belong to the same profession.

81. Q. Who appoints the Chairman and Commissioners of the Commission on Audit

A. The President, with the consent of the Commission on Appointments.

82. Q. How long is the term of office of the Chairman and Commissioners of the Commission on Audit

A. 7 years without reappointment.

83. Q. What are the territorial and political subdivisions of the Philippines

A. The territorial and political subdivisions are: provinces, cities, municipalities, and barangays.

84. Q. Where are the autonomous regions in the Philippines

A. The autonomous regions are in Muslim Mindanao and the Cordilleras.

85. Q. Who exercises general supervision over the local governments and the autonomous regions

A. President.

86. Q. What are some of the characteristics of local government units

A. Some of the important characteristics are:
1)The local government units have the power to create own sources of revenues and the power to levy taxes, fees, and charges in accordance with law.
2) The local government units have a just share in the national taxes which shall be automatically released to them in accordance with law.
3) The local government units have an equitable share in the proceeds of the utilization and development of national wealth in their areas, in accordance with law, which shall be shared with the inhabitants through direct benefits.

87. What is the term of office of an elective local official

A. 3 years (except for barangay officials).