CONSTI Midterms Flashcards

Question

How do states lose or acquire territory?

Answer 1

Through occupation, accretion, cession, and prescription, not by executing multilateral treaties on the regulations of sea-use rights or enacting statutes to comply with the treaty's terms to delimit maritime zones and continental shelves.

Answer 2

Had Congress in RA 9522 enclosed the KIG and the Scarborough Shoal as part of the Philippine archipelago, adverse legal effects would have ensued. 1. Article 47 (3) of UNCLOS III requires that the drawing of such baselines shall not depart to any appreciable extent from the general configuration of the archipelago 2. Article 47 (2) of UNCLOS III requires that 'the length of the baselines shall not exceed 100 nm,' save for 3% of the total # of baselines which can reach up to 125nm.

Answer 3

Agreements must be kept

Answer 4

Islands that are naturally formed areas of land, surrounded by water which are above water at high tide.

Answer 5

Bajo de Masinloc

Answer 6

Gives notice to the rest of the international community of the scope of the maritime space and submarine areas within which States parties exercise treaty-based rights, namely, the exercise of sovereignty over territorial waters (Art. 2) the jurisdiction to enforce customs, fiscal, immigration, and sanitation laws in the contiguous zone (Art. 33) and the right to exploit the living and non-living resources in the exclusive economic zone (Art. 56) and continental shelf (Art. 77).

Answer 7

Jurisdiction - authority to exercise legal powers | Sovereignty - supreme political and constitutional authority of a State to govern itself

Answer 8

1. Those ceded to the US by virtue of the Treaty of Paris of Dec. 10, 1898 2. Those defined in the treaty concluded between the US and Spain on Nov. 7, 1900, which were not defined in the Treaty of Paris (Cagayan, Sulu, Sibuto) 3. Those defined in the treaty concluded on Jan 2, 1930, between the US and Great Britain (Turtle and Mangsee Islands) 4. The island of Batanes, which was covered under a general statement in the 1935 Constitution 5. Those contemplated in the phrase "belonging to the Philippines by historic right or legal title" in the 1973 Constitution.

Answer 9

``` Ideal person Invisible Intangible Immutable Existing only in contemplation of law ```

Answer 10

Constituent functions - constitute the very bonds of society and are compulsory a. Keeping of order and providing for the protection of persons and property from violence and robbery b. Fixing of legal relations between husband and wife and between parents and children c. Regulation of the holding, transmission and interchange of property, and the determination of its liabilities for debt/crime d. Determination of contractual rights between individuals e. Definition and punishment of crimes f. Administration of justice in civil cases g. Administration of political duties, privileges and relations of citizens h. The dealings of the State with foreign powers; preservation of the State from external danger or encroachment and the advancement of its international interests. Ministrant functions - those undertaken to advance the general interests of society (public works, public charity, and regulation of trade and industry). - optional - -> but determines paternalistic govt from individualistic - -> parang required by the Constitution na rin (Article 2, 13 and 16) not self executing tho just guidelines

Answer 11

Guardian of the rights of the people

Answer 12

De jure - has rightful title but no power or control De facto - govt of fact (exercise but no title) 1. by force 2. insurrection 3. military forces

Answer 13

1. Its existence is maintained by an active military | 2. During its existence, must be necessarily obeyed in civil matters

Answer 14

1. Permanent 2. Exclusive 3. Comprehensive 4. Absolute 5. Indivisible 6. Inalienable 7. Imprescriptible

Answer 15

Sovereign equality of States

Answer 16

L - enactment E - enforcement J - application

Answer 17

1. Lawmaking power of congress checked by Pres in his veto power which in turn may be overridden again 2. Congress may refuse amnesty proclaimed by Pres 3. Senate may refuse to give concurrence to treaty 4. Pres may nullify conviction by pardoning officers 5. Jurisdiction of SC may be limited by Congress 6. Judiciary may declare invalid acts

Answer 18

What has been delegated cannot be delegated Delegated power constitutes not only a right but a duty to be performed through instrumentality of his own judgment and not through intervening mind of another

Answer 19

``` Emergency Powers Section 23 (2), Article 6 of 1987 Constitution In times of war or other national emergency, the Congress may by law authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon its next adjournment. ``` Delegated by Congress Conditions: 1. War or national emergency - rebellion, economic crisis, pestilence or epidemic, typhoon, flood 2. Delegation must be for a limited period only 3. Subject to such restrictions prescribed by Congress 4. The emergency powers must be exercised to carry out a national policy declared by the congress

Answer 20

The Completeness Test The law must be complete in all its essential terms and conditions so that the only act left is to enforce it. A law is complete when it sets forth therein the policy to be executed, carried out or implemented by the delegate. The Sufficient Standard Test It is intended to map out the boundaries of the delegate’s authority by defining the legislative policy and indicating the circumstances under which it is to be pursued and effected. Its purpose is to prevent a total transference of legislative power from the lawmaking body to the delegate

Answer 21

Canvass of the presidential elections Declaration of the existence of a state of war Confirmation of amnesties (through the Commission on Appointments) presidential appointments, the amendment or revision of the Constitution, and impeachment.

Answer 22

Section 3, Article VI: “No person shall be a Senator unless he is a natural-born citizen of the Philippines, and, on the day of the election, is at least thirty-five years of age, able to read and write, a registered voter, and a resident of the Philippines for not less than two years immediately preceding the day of the election.” Requirements for birthright citizenship Section 3, Article IV “Natural-born citizens 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 hereof shall be deemed natural-born citizens.” NOTE: If a legislator should be naturalized in a foreign country during his term, he shall cease to be entitled to his seat The age qualification is fixed at 35 and must be possessed on the day of the elections, that is, when the polls are opened and the votes are cast, and NOT on the day of the proclamation of the winners by the board of canvassers. Literacy requirement is now specifically prescribed because it is not deemed embraced in the suffrage qualification under the present Constitution Residence - ‘domicile’ or legal residence; the place where one habitually resides and to which, when he is absent, he has the intention of returning. 3 RULES: That a man must have a residence or domicile somewhere; When once established it remains until a new one is acquired; and A man can have one but once residence or domicile at a time.

Answer 23

Section 4, Article VI. The term of office of the Senators shall be six years and shall commence, unless otherwise provided by law, at noon on the thirteenth day of June next following their election. No Senator shall serve for more than two consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. Section 2, Article XVIII. The Senators, Members of the House of Representatives, and the local officials first elected under this Constitution shall serve until noon of June 30, 1992. Of the Senators elected in the election in 1992, the first twelve obtaining the highest number of votes shall serve for six years and the remaining twelve for three years.

Answer 24

Two Kinds of Members: District representative elected directly and personally, from the territorial unit he is seeking to represent Party-list representative chosen indirectly, through the party he represents, which is the one voted for by electorate Section 5, Art. VI: “1. The House of Representatives shall be composed of not more than two hundred and fifty members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio, and those who, as provided by law, shall be elected through a party-list system of registered national, regional, and sectoral parties of organizations. 2. The party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party list. For three consecutive terms after the ratification of this Constitution, one-half of the seats allocated to party-list representatives shall be filled, as provided by law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as may be provided by law, except the religious sector. 3. Each legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent territory. Each city with a population of at least two hundred fifty thousand, or each province, shall have at least one representative 4. Within three years following the return of every census, the Congress shall make a reapportionment of legislative districts based on the standards provided in this section.”

Answer 25

Two hundred members were provided to be directly elected from the various legislative districts The initial appointment shall be subject to adjustment by the Congress within three years after the return of every enumeration to make the representation of the entire nation as equitable as possible “A law creating a legislative district was annulled after a finding that it was based on mere demographic projections. The SC nullified a law which created a legislative district for Malolos City, “carving the city from the former First legislative, (leaving) the town of Bulacan isolated from the rest of the geographic mass of that district.” (Aldaba v. COMELEC) According to the SC, this “contravenes the requirement in Section 5 (3), Article VI, that each legislative district shall ‘comprise, as far as practicable, contiguous, compact, and adjacent territory.” “A law, the Muslim Mindanao Autonomy Act, authorizing the government of the ARMM to create provinces and cities has been considered as UNCONSTITUTIONAL because the power to create them inherently involved the power to create legislative districts, which ONLY CONGRESS POSSESSES. It may, however, be authorized by law to create municipalities and barangays.” (Sema v. COMELEC) NOTE: The 250,000 minimum population requirement for the establishment of legislative districts under Section 5 (3), Article VI, applies only to cities, and not to provinces, although the Local Government Code provides for a minimum population of 250,000 as an alternative requirement for the establishment of a province. “The SC declared that the conversion of Mandaluyong City into a highly urbanized city AUTOMATICALLY resulted in its establishment as a legislative district. It should be noted that a plebiscite was necessary for the validity of said conversion, consistent with the provisions of Section 10, Article X of the Constitution. However, there would be no need for such a plebiscite where NO NEW TERRITORY or NO CHANGE IN AN EXISTING TERRITORY is made under a law, and only a reapportionment or the creation of an additional legislative district is done.”

Answer 26

It shall constitute 20% of the total membership of the body, including such representatives The rules for the selection of the party-list representatives are embodied in R.A. 7941, which was enforced for the first time in the elections held in 1998. The participants in the party-list system shall be ranked according to the number of votes they received, with those getting at least 2% of the total votes cast for the system being entitled to one seat each. NONE OF THEM SHALL HAVE MORE THEN 3 SEATS. PARTY-LIST SYSTEM PROVIDES FOR THREE DIFFERENT GROUPS: The national parties or organizations The regional parties or organizations The sectoral parties or organizations The law provides that not later than 90 days before election day, any political party, organization or coalition may file a verified petition through its president or secretary for its participation in the party-list system, attaching a copy of the following: Its constitution By laws Platform List of officers Other relevant information as may be required by COMELEC This petition shall be published in at least 2 newspapers of general circulation and, after due notice and hearing, be resolved within 15 days and in no case later than 60 days before the election. DISQUALIFIED GROUPS: Religious sects Those which advocate violence or unlawful means to seek their goal Foreign parties Parties which receive support from any foreign government or foreign political party Those which violate or fail to comply with laws, rules or regulations relating to election laws Those which declare untruthful statements in their petitions Those which have ceased to exist for at least one year Those who failed to participate in the last two preceding elections OTHER GROUND specified in Section 6, “failure to obtain at least two percentum (2%) of the votes cast under the party-list system in the two preceding elections for the constituency which it has registered,” has been declared unconstitutional by the Supreme Court. A judge who filed his certificate candidacy as party-list representative WITHOUT FIRST RESIGNING, violated not only of the law but the constitutional mandate that ‘no officer or employee in the civil service shall engage directly or indirectly in any electioneering or partisan political campaign.’ (ALAUYA v. LIMBONA) For every four district representatives, the 1987 Constitution mandates that there shall be one party-list representative There is no need for legislation to create an additional party-list seat whenever four additional legislative districts are created by law. SECTION 5 (2), ARTICLE VI of the 1987 Constitution, automatically creates such additional party-list seat “Filling-up of all available party-list seats is not mandatory” 4 PARAMETERS IN A PHILIPPINE-STYLE PARTY-LIST ELECTION SYSTEM: “1. Twenty percent of the total number of the membership of the House of Representatives is the maximum number of seats available to party-list organizations, such that there is automatically one party-list seat for every four existing legislative districts. 2. Garnering two percent of the total votes cast in the party-list elections guarantees a party-list organization one seat. The guaranteed seats shall be distributed in a first round of seat allocation to parties receiving at least two percent of the total party-list votes. 3. The additional seats, that is, the remaining seats after allocation of the guaranteed seats, shall be distributed to the party-list organizations including those that received less than two percent of the total votes. The continued operation of the two percent threshold as it applies to the allocation of the additional seats is now unconstitutional because this threshold mathematically and physically prevents the filling up of the available party-list seats. The additional seats shall be distributed to the parties in a second round of seat allocation according to the two-step procedure laid down in the Decision of 21 April 2009 as clarified in this Resolution. 4. The three-seat cap is constitutional. The three-seat cap is intended by the Legislature to prevent any party from dominating the party-list system. There is no violation of the Constitution because the 1987 Constitution does not require absolute proportionality for the party-list system. The well-settled rule is that courts will not question the wisdom of the Legislature as long as it is not violative of the Constitution.”

Answer 27

Each house shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as may, in its judgement, affect national security; and the yeas and nays on any question shall, at the request of 1/5th of the Members present, be entered in the Journal. A record of what is done and past in a legislative assembly. Authenticates proceedings For interpretation of laws through a study of debates held thereon For informing the people of the official conduct of their respective legislators Consti requires that journals be published from time to time excepting parts as may affect nat’l security Journal is ONLY a resume/the minutes of what transpired during a legislative session. A word-for-word transcript of the proceedings taken during the session

Answer 28

Yaes and Nays at request of 1/5th of Members present Any question Votes with respect to consideration of bills on 3rd Reading Objections of the PResident when he vetoes a bill Votes cast by the Members of each House in their reconsideration of a bill vetoes Vote of each Member of the HoR regarding the Articles of Impeachment proposed by its Committee which hears an impeachment complaint

Answer 29

Which has been duly introduced, finally passed by both houses, signed by the proper officers of each, approved by the governor (or president) and filed by the secretary of the State

Answer 30

1. Bill is introduced by any member of the House of Representative or Senate except for some measures that must originate only in the former chamber 2. First Reading – Number and Title of the measure is read. Bill is referred to the proper committee for study. 3. Committee Hearing - a bill may be “killed” or recommended for approval. If there are bills of the same nature and purpose, they are consolidated into one bill. 4. Second Reading – The bill is read in its entirety, scrutinized and debated upon and amended when desired. Deemed to be the most important stage in the passage of a bill. Bills that passed the second reading are printed in its final form and copies are distributed at least 3 days before third reading. 5. Third Reading – Members register their votes and explain them if they are allowed by the rules. No debate is allowed. 6. Bills that passed third reading is endorsed to the other chamber where it will undergo 3 readings. If there are differences between versions of the two, a conference committee from both Houses will draft a compromised measure. 7. A Bill is enrolled when printed as finally approved by Congress authenticated with the signatures of the Senate President, Speaker of the House, Secretaries of both Houses, and approved by the President.

Answer 31

Sec 24, Article VI, 1987 Constitution: “All appropriation, revenue or tariff bills, bills authorizing increase if the public debt, bills of local application, and private bills shall originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments.” Appropriation Bill – Purpose is to authorize the release of funds from public treasury Revenue Bill – Levies taxes and raises funds for the government. Tariff Bill – Specifies rates or duties to be imposed on imported articles. Bill Increasing Public Debt – Illustrated by one floating bonds for public subscription redeemable after a certain period. Bill of Local Application – Purely local or municipal matters. (ie. Charter of a City) Private Bills – ie. Bill granting honorary citizenship to a distinguished foreigner - The Senate is allowed much leeway in exercise of its power to propose or concur. It is also accepted practice for the Senate to introduce what is known as an amendment by substitution which may entirely replace the bill initiated in the House of Representatives.

Answer 32

- Section 27, Article VI Three Methods: When President signs it When President vetoes it but the veto is overridden by two-thirds of all the members of each House When President does not act upon the measure within thirty days after it shall have been presented to him. - Veto or approval must be in toto. Exception: Appropriation, revenue and tariff bills. Congressional Oversight/Power of Oversight (Abakada Guro Party List vs Purisima) o Activities undertaken by Congress to enhance its understanding of and influence over the implementation of legislation it has enacted. Concerns post-enacment measures to: to monitor bureaucratic compliance with program objectives, to determine whether agencies are properly administered, to eliminate executive waste and dishonesty, to prevent executive usurpation of legislative authority, and to assess executive conformity with the congressional perception of public interest. o Categories: Scrutiny – Determine economy and efficiency of the operation of government activities. Looks in to information and report from other branches of government Congressional Investigation – Involves more intensive digging of facts. Provided under Sec 21, Article VI. Legislative Supervision – Continuing and informed awareness on the part of the congressional committee regarding executive operations

Answer 33

No. It is a statutory tool to demarcate the country's maritime zones and continental shelf under UNCLOS III, not to delineate Philippine territory.

Answer 34

Through express consent - law | Implied consent

Answer 35

Presidential form - observance of separation of powers; Pres elected by people at large Parliamentary - union of executive and legislative branches; elected by members of Parliament at large

Answer 36

No. Under RA 6735 or the Initiative and Referendum Law

Answer 37

1. 20% allocation 2. 2% threshold 3. 3 seat limit 4. proportional representation

Answer 38

A disapproval by Congress or by an oversight committee of Congress, of an administrative regulation promulgated by an administrative body or agency.

Answer 39

It is the collective body of rules and practices that govern the manner by which lump-sum, discretionary funds, primarily intended for local projects, are utilized through the respective participations of the Legislative and Executives branches. Two kinds: 1. Congressional Pork Barrel - legislators, individually or collectively, control certain aspects of the fund's utilization through various post-enactment measures and/or practices 2. Presidential Pork Barrel - President to utilize

Answer 40

Violates separation of powers | - Sila na nga nagawa ng laws, sila pa mag-aallocate ng budget

Answer 41

Amendment - change a few sections Revisions - will affect substance p. 58

Answer 42

Refer to notes

Answer 43

Refer to HO

Answer 44

Refer to HO

Answer 45

Refer to HO

Answer 46

http://www.bicolstandard.com/2015/10/whale-dolphin-capacity-sue-case-digest-albano.html

Answer 47

Refer to news and principles on emergency powers

Answer 48

official act without formal request from another party

Answer 49

Refer to Sandoval Notes

Answer 50

Refer to photo

Answer 51

Refer to Consti; Benham Rise

Answer 52

Section 1, Art. 2 The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.

Answer 53

Refer to HO

Answer 54

Refer to HO

Answer 55

Refer to HO

Answer 56

No. Article 1 of 1987 Constitution

Answer 57

Doctrine of state immunity

Answer 58

Computation | Can LP and NP participate in partylist elections?

Answer 59

Refer to Consti

Answer 60

124nm from Masinloc; 700 nm from China lol

Answer 61

No. But aprt of our territory.

Answer 62

1. Terrestrial domain or land 2. Maritime domain 3. Aerial domain

Answer 63

Main islands surrendered from Treaty of Paris (Luzon, Visayas, Mindanao)

Answer 64

They will respect our baselines

Answer 65

S - right to territorial sea (exclusive right to exploit all the resources there) J - right to treaty base (to enforrewwrrerererrere laws, fiscal, etc.)

CONSTI Midterms Flashcards

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