Finals Flashcards

Question

Prohibition on payment of public funds

Answer 1

1) sect 2) church 3) denomination 4) sectarian institution 5) system of religion 1) priest 2) preacher 3) minister 4) other religious teacher 5) dignitary

Answer 2

if priest, preacher, minister, dignitary is ASSIGNED to 1) armed forces 2) any penal institution 3) government orphanage 4) leprosarium

Answer 3

1) congress shall provide for the system of initiative and referrendum 2) AT LEAST 10% of total registered voters - -every legislative district must be represented by AT LEAST 3% of their registered voters

Answer 4

1) allows for body with national perspective to CHECK THE PAROCHIAL TENDENCY of representatives elected by district 2) more careful STUDY OF LEGISLATION 3) makes legislature LESS SUSCEPTIBLE to control by executive 4) TRAINING GROUND for national leaders

Answer 5

1) SIMPLICITY of organization --> economy and efficiency 2) facility in PINPOINTING RESPONSIBILITY for legislation 3) AVOIDANCE of DUPLICATION

Answer 6

Congress MAY NOT delegate legislative power. must remain where people have lodged such power

Answer 7

1) may delegate to LOCAL GOVERNMENTS 2) CONSTITUTION itself allow delegation of legislative power in specific instances - - 23(2): emergency powers to president - - 28(2): fix tariff rates, etc

Answer 8

1) complete in itself | 2) fixes a standard

Answer 9

1) declared policy of the law | 2) totality of delegating statute

Answer 10

Effectivity of law is made dependent on verification by the executive of existence of certain conditions

Answer 11

1) delegating statute must specifically AUTHORIZE it 2) penalty must be SPECIFIED and provided by the statute itself and not the administrative agency 3) regulation must be PUBLISHED in official gazette or newspaper of general circulation

Answer 12

1) Religious sect 2) violence 3) foreign party 4) receives support from foreign government 5) violates election rules 6) untruthful statements in petition 7) ceased to exist for at least 1 yr 8) fails to participate in last 2 preceding elections / fails to obtain at least 2% of votes in 2 preceding elections

Answer 13

Formation of one legislative district out of separate territories for purpose of favoring one candidate or party

Answer 14

1) actual change of domicile 2) bona fide intention of abandoning former place of residence and establishing a new one 3) definite acts which correspond with the purpose Purpose to remain in domicile of choice must be: 1) indefinite period of time 2) voluntary change of residence 3) actual residence at new domicile

Answer 15

A provision that is constitutionally inappropriate for an appropriation bill may be singled out for veto EVEN IF it is not an appropriation or revenue item President may veto riders in an appropriation bill

Answer 16

Refusal of president to spend funds already allocated by Congress for a specific purpose

Answer 17

1) President 2) VP 3) Members of the Cabinet 4) their Deputies or Assistants

Answer 18

Spouse and relatives by consanguinity OR affinity within the 4th civil degree of president...during his tenure shall not be appointed as: 1) Members of the Constitutional Commissions 2) Office of the Ombudsman 3) Secretaries, Undersecretaries, Chairmen or Heads of Bureaus or Offices, including GOCCs and their subsidiaries

Answer 19

1) heads of executive departments 2) ambassadors 3) other public ministers and consuls 4) officers of the Armed Forces from rank of Colonel or Naval Captain 5) other officers whose appointments are vested in him in this constitution - - 1) regular members of the JBC - - 2) Chairman and Commissioners of CSC - - 3) Chairman and Commissioners of COMELEC - - 4) Chairman and Commissioners of COA - - 5) members of Regional Consultative Commission - - 6) sectoral representatives (Quintos-Deles v. Commission on Appointments)

Answer 20

1) heads of executive departments, ambassadors, other public ministers and consuls, officers of the Armed Forces from rank of Colonel or Naval Captain and other officers whose appointments are vested in him in this constitution 2) All other officers of Government whose appointments are not otherwise provided by law, and those whom he may be authorized by law to appoint 3) Congress may, by law, vest the appointment of other officers lower in rank in: - - the President alone - - Courts - - Heads of departments, agencies, commissions or boards

Answer 21

1) disclosure will subvert MILITARY or DIPLOMATIC objectives 2) IDENTITY of persons who furnish information on VIOLATIONS of law 3) information about INTERNAL DELIBERATIONS Senate v. Ermita 1) Conversations bet. President and public official covered by executive order 2) MILITARY, DIPLOMATIC and other NATIONAL SECURITY MATTERS 3) Information PRIOR to conclusion of TREATIES and Executive Agreements 4) discussion in CLOSE-DOOR CABINET meetings 5) Matters affecting NATIONAL SECURITY and PUBLIC ORDER *must be with *SUFFICIENT PARTICULARITY

Answer 22

Communications between President and OPERATIONALLY PROXIMATE ADVISERS are presumed to be privileged

Answer 23

Power of an officer to alter or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the former for that of the latter Power to reverse the judgment of an inferior officer, may also be exercised in his behalf by Department heads BUT power of control is NOT the source of Executive's disciplinary powers.. Rather, his disciplinary powers come from his POWER TO APPOINT

Answer 24

All executive and administrative organizations are adjuncts of the Executive Department... the multifarious executive and administrative functions of the Chief Executive are performed by and through executive departments. Acts of the secretaries of such departments are UNLESS DISAPPROVED or REPROBATED by the Chief Executive presumptively acts of the Chief Executive

Answer 25

1) existence of actual invasion or rebellion | 2) requirements of public safety

Answer 26

1) not exceeding 60 days 2) review and possible revocation by Congress 3) review and possible nullification by Supreme Court

Answer 27

1) power to negotiate treaties and international agreements 2) power to appoint ambassadors 3) power to receive ambassadors 4) power to contract and guarantee foreign loans on behalf of Republic 5) power to deport aliens

Answer 28

1) EXCLUSIVE ORIGINAL JURISDICTION - ambassadors - other public ministers and consuls - certiorari - prohibition - mandamus - quo warranto - habeas corpus 2) RRMA (Review, reverse, modify, or affirm on appeal or certiorari) decisions of lower courts re: - constitutionality or validity (9) - legality of tax, impost, assessment, or toll, or any penalty - jurisdiction of lower court is in issue - criminal cases (reclusion perpetua or higher) - only an error or question of law is involved 3) Assign temporarily judge of lower courts to other stations as public interest may require 4) Order a change of venue or place of trial 5) Promulgate rules re: -constitutional rights -pleading -practice -procedure in all courts -admission to practice of law -IBP -legal assistance to underprivileged (SIMPLE + INEXPENSIVE PROCEDURE = SPEEDY DISPOSITION) 6) Appoint all officials and employees of Judiciary (accordance with Civil Service Law)

Answer 29

1) natural born citzen 2) AT LEAST 40 years of age 3) 15 years or more - - judge of lower court OR - -engaged in practice of law in PH 4) Person of: - proven competence - integrity - probity - independence

Answer 30

Congress shall prescribe the qualifications, but minimum: 1) citizen of PH 2) member of Philippine Bar 3) Person of: - proven competence - integrity - probity - independence

Answer 31

1) Ex-officio members: - Chief Justice as ex-officio chairman - Secretary of Justice - Rep of Congress - Clerk of Court as Secretary ex-officio 2) Regular members (appointed by President, 4 year term, WITH consent on Commission on Appointments) - IBP (4) - law professor (3) - retired member of SC (2) - private sector (1)

Answer 32

one that ceases to present a justiciable controversy by virtue of supervening events

Answer 33

1) GRAVE VIOLATION of the constitution 2) exceptional character and PARAMOUNT PUBLIC INTEREST 3) formulation of controlling principles to GUIDE the bench, bar and public 4) case is capable of REPETITION yet evading review

Answer 34

Declaratory Judgment - parties with REAL conflicting legal interests = final one and is forever binding on parties Advisory Opinion - response to a legal issue posed in the abstract IN ADVANCE OF ANY ACTUAL CASE in which it may be presented = binds no one

Answer 35

1) define such enforceable and demandable rights and prescribing remedies for violations 2) determining the court with jurisdiction to hear

Answer 36

1) constitutionality (treaty, law..) 2) required to be heard en banc by Rules of Court 3) constitutionality (pres decrees, etc) 4) cases heard by division when required majority in division is not obtained 5) cases where SC modifies or reverses a doctrine previously laid down either en banc or division 6) administrative cases involving discipline or dismissal of judges of lower courts (including disbarment of lawyer, suspension of either for more than 1 year, or a fine exceeding 10,000) 7) election contests for President or VP

Answer 37

Essential requisites: 1) ACTUAL case/controversy - - legally demandable or enforceable rights - - GAOD * ripe for adjudication 2) must have STANDING Auxiliary rules: 3) raised at EARLIEST OPPORTUNITY 4) must be the LIS MOTA

Answer 38

A personal and substantial interest in the case such that he has sustained or will sustain direct injury as a result of its enforcement

Answer 39

1) doctrine of TRANSCENDENTAL IMPORTANCE 2) OVER BREADTH doctrine 3) TAX PAYER SUITS 4) 3RD PARTY standing - - litigant must have suffered an INJURY-IN-FACT - - CLOSE RELATION to 3rd party - - HINDRANCE to 3rd party's ability to protect his own interests

Answer 40

questions that are to be decided by PEOPLE in their sovereign capacity or to the LEGISLATIVE or EXECUTIVE branch of government

Answer 41

Remedy available to any person whose right to LIFE, LIBERTY AND SECURITY is violated by a PUBLIC OFFICIAL or a PRIVATE INDIVIDUAL

Answer 42

Right to PRIVACY IN LIFE, LIBERTY, OR SECURITY is violated by a PUBLIC OFFICIAL or a PRIVATE INDIVIDUAL engaged in gathering information re: person, family, home

Answer 43

Remedy available to NATURAL or JURIDICAL PERSON on behalf of persons whose constitutional right to a BALANCED and HEALTHFUL ECOLOGY is violated

Answer 44

1) hold any other office or employment 2) practice of profession 3) ACTIVE management and control 4) be interested financially, directly or indirectly

Answer 45

1) done in GOOD FAITH 2) NOT FOR PERSONAL/POLITICAL REASONS 3) NOT in VIOLATION of law

Answer 46

1) confers JURIDICAL PERSONALITY 2) INFORMS the public of their existence and ideals 3) IDENTIFIES the party and its officers for purposes of REGULATION by comelec

Answer 47

1) constitutional bodies, commissions and offices that have been granted FISCAL AUTONOMY 2) autonomous state colleges and universities 3) OTHER GOCCs and their subsidiaries 4) non-governmental entities receiving subsidy or equity, directly or indirectly, from the government which the submission to such audit is a condition for granting such subsidy or equity

Answer 48

1) examine and audit all forms of government REVENUES 2) examine and audit all forms of government EXPENDITURES 3) SETTLE govt accounts* * LIQUIDATED accounts!!! 4) PROMULGATE accounting and auditing rules 5) DECIDE administrative cases involving expenditures of public funds

Finals Flashcards

(72 cards)