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JURIS PRELIMS > 3 > Flashcards

3 Flashcards

1
Q

The written instrument enacted by direct action of the people
by which the fundamental powers of the government are
established, limited and defined

A

constitution

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2
Q

The author is the sovereign Filipino people

A

constitution

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3
Q

THE PHILIPPINE STATE
- A _____ and _____ state

A

democratic and republican

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4
Q

everyone has equal rights
people has the power to rule

A

democracy

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5
Q

ruled by representatives of the citizen body

A

republican

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6
Q

resides in the people and all government authority emanates from them

A

sovereignty

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7
Q

a community of persons, more or less numerous,
permanently occupying a fixed territory, and possessed of
an independent government

A

state

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8
Q

4 elements of state

A
  1. government
  2. people
  3. territory
  4. sovereignty
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9
Q

agency and instrumentality – will of the state
is formulated, expressed, and realized

A

government

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10
Q

the supreme and uncontrollable power of the
state

A

sovereignty

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11
Q

3 branches of government

A
  1. executive
  2. legislative
  3. judicial
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12
Q

highest official of legislative branch

A

senate president

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13
Q

two parts of legislative branch

A

house of representatives and senate

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14
Q

functions to make laws, amend laws

A

legislative branch

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15
Q

power for convicted persons

A

pardoning power

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16
Q

power to form agreements with
other countries

A

diplomatic power

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17
Q

power to allocate the budget to
different branches of the government

A

budgeting power

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18
Q

President has the highest military power in the Philippines,
acting as the _____ of the Armed Forces of
the Philippines

A

commander-in-chief

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19
Q

highest position judge

A

chief justice

20
Q

-Adjudicates civil, criminal, and administrative cases
- also functions to control the laws suggested by the Legislative
Branch

A

judicial branch

21
Q

Philippine Territory extends ___ nautical miles from the
exclusive territory of the Philippines

A

200

22
Q

FUNDAMENTAL/INHERENT POWERS OF THE STATE

A
  1. police power
  2. power of eminent domain
  3. power of taxation
23
Q

inherent power of the State of promoting the public welfare by restraining and regulating the use of liberty and property

A

police power

24
Q

the inherent power of the State
to acquire private property for public use upon payment of just compensation

A

power of eminent domain

25
Q

the inherent power of the State to demand and enforce contributions for public purpose/s

A

power of taxation

26
Q

Is composed of rights generally enjoyed by every citizen as
provided in the Constitution

A

bill of rights

27
Q

12 bill of rights

A
  1. due process
  2. equal protection
  3. search and seizure
  4. privacy of communication and correspondence
  5. freedom of speech and expression
  6. liberty of abode and travel
  7. right to information
  8. right to form association
  9. right to compensation in expropriation cases
  10. the impairment clause
  11. free access to courts
  12. miranda rights
28
Q

2 types of due process

A

substantive and procedural

29
Q

-no person shall be deprived of life, liberty, or property without
due process of law

  • opportunity given to have the right to answer, explain yourself,
    etc., before conviction/penalty
A

due process

30
Q

relates chiefly to the mode of procedure which government agencies must follow in the
enforcement and application of laws

A

procedural

31
Q

requires that the law itself is fair, reasonable, and just

A

substantive

32
Q

-No person shall be denied the equal protection of the laws
- Right to have equal access to the law and with equal protection
by the law
- No discrimination, all people are equal

A

equal protection

33
Q
  • The right of the people to be secure in their persons, houses,
    papers, and effects against unreasonable searches and
    seizures of whatever nature and for any purpose shall be
    inviolable
  • Government cannot search or frisk/seize a person without a
    search warrant or a warrant of arrest
A

search and seizure

34
Q

shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law

A

privacy of communication and correspondence

35
Q

No law shall be passed abridging the freedom of speech, of
expression, or of the press, or the right of the people peaceably
to assemble and petition the government for redress of
grievances

A

freedom of speech and expression

36
Q

-Neither shall the right to travel be impaired except in
the interest of national security, public safety, or
public health, as may be provided by law

  • You can live in the place where you desire
A

liberty of abode and travel

37
Q

The right of the people to information on matters of public
concern shall be recognized

A

right to information

38
Q

-The right to form unions, associations, or societies for
purposes not contrary to law shall not be abridged

  • However, government employees have no right to strike
    unlike their private counterparts
A

right to form association

39
Q

private property shall not be taken for public use without just
compensation

A

right to compensation in expropriation cases

40
Q

no law impairing the obligation
of contracts shall be passed

A

impairment clause

41
Q

free access to the courts and
quasi-judicial bodies and adequate legal assistance shall not be
denied to any person by reason of poverty

A

free access to courts

42
Q

-right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one

  • This constitutional right extends only testimonial compulsion
    and no when the body of the accused is proposed to be
    examined as in paraffin testing
A

miranda rights

43
Q

Are those who are citizens of the Philippines from birth without
having to perform any act to acquire or perfect their Philippine
citizenship
- Those who elect Philippine citizenship in accordance with
paragraph 3, Section 1 of Article IV of the Constitution shall be
deemed natural-born citizens
- Citizens of the Philippines who marry aliens shall retain their
citizenship, unless by their act or omission, they are deemed,
under the law, to have renounced it

A

natural born citizens

44
Q

citizenship granted at birth

A

birthright citizenship

45
Q

-Literally means the right of blood

-in cases of dual citizenship, person can choose to take
an oath to elect himself as a Filipino citizen, or not

A

doctrine of jus sanguis

46
Q

-The law of the place of birth
-Some countries give citizenship to people born in their
country, even if not a citizen by blood

A

doctrine of jus soli

JURIS PRELIMS (5 decks)

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