Soc 116 Flashcards
(111 cards)
1
Q
President is the chief executive and such is empowered to appoint heads of the executive department
(ambassadors, consuls, officers of the armed forces)
with consent of the Commission on Appointment
A
Administrative Power
2
Q
President cant be sued while in office
A
Immunity from Prosecution
3
Q
No need for confirmation but made by Judicial and Bar Council, under supervision of SC
A
Power to Appoint Judges of Judicial Brach, Constitutional Commissions and Ombudsman
4
Q
President is Chief Diplomat
negotiate treaties, international agreements
A
Diplomatic Power
5
Q
President may contract or guarantee foreign loans (with agreement with Monetary Board)
A
Power to Take Loans
6
Q
President has the power to call out the Armed Forces only when necessary
authority to declare state of rebellion or Martial Law
A
Military Power
7
Q
An act of grace which exempts them from punishment
A
Pardoning Power
8
Q
Salary of the President
A
160,924
9
Q
Salary of the VP
A
135,376
10
Q
Constitutional Basis on Declaring Martial Law
A
Lawless Violence
Invasion
Rebellion
Public Safety
11
Q
Conditions on Martial Law
A
max. 60 days (unless congress)
after declaration, pres. must report to congress within 48 hours
Congress must approve
may be reviewed by SC
12
Q
authorized to MAKE ALTER AND REPEAL LAWS
A
Legislative Branch (Senate and House of Representative)
13
Q
HoR initiates these cases but tried by the Senate
A
Power to Impeach
14
Q
Only senate is authorized to in relation to the President’s Diplomatic Power
A
Power to Confirm Treaties
15
Q
Senate and HoR must convene in joint session in relation to Military Power
A
Power to Declare the Existence of War
16
Q
Legislative power in relation to Pres.’s Pardoning Power
A
Power to Concur Amnesty
17
Q
Presidential Power over all cases except crimes against the state
Presidential Prerogative
A
Pardon
18
Q
Presidential power to forgive coup de’etat, rebellion, etc. and must be concurred by Congress
A
Amnesty
19
Q
Impeachable Officers
A
President VP Justices of SC Members of Constitutional Commissions Ombudsman
20
Q
study impeachment process
A
study impeachment process
21
Q
Salary of Senate President
A
135, 376
22
Q
Salary of House Speaker
A
117,086
23
Q
to ensure representation of the constituents by member of Congress
A
Privilege from Arrest
24
Q
Members of Congress can not be prosecuted for any words spoken in debate
A
Privilege of Speech and Debate
25
Executive nature of Legislative powers
appointment of officers
affirming treaties
confirming presidential appointees through Commission on Appointments
Removal of Power
26
Judicial nature of Legislative powers
```
punish members (with concurrence of 2/3)
concur and approve amnesty
initiate prosecute and decide cases of impeachment
```
27
Other powers of Legislative
authorize the Commission on Audit to audit fund and property
| authorize Emergency Powers
28
President can formulate rules and regulations in times of Emergency
Emergency Powers
29
Laws in the making
Bills (read more in reviewer)
30
mere statement of declaration by the congress
| short-term legal effect
Resolutions
31
requires approval from Senate and HoR and signature of President
force and effect of law once approves
Joint Resolutions
32
must be approved by Senate and HoR but not transmitted to the President
not the same force and effect of law
Concurrent Resolutions
33
deals within one of the chambers, not referred to the President
not the same force and effect of law
Simple Resolutions
34
read about legislative process
read about legislative process
35
Order by which higher court reviews the lower court
Certiorari
36
Command to an inferior court or person to perform public of statutory duty
Mandamus
37
writ or legal actions requiring a person to show by what warrant an office or franchise is held, claimed, or excercised
quo warranto
38
write requiring a person under arrest to be brought before a judge or into court (to prove if detention is lawful or not)
Habeas Corpus
39
an order for the court not to exercise jurisdiction in a particular case
Prohibition
40
supervise all personnel and courts under the branch
Administrative power of Judicial Branch
41
Presides over and render judgement on court-worthy cases
enforce statutes and laws
and to interpret
Judicial Power
42
the Supreme Power can settle cases involving diplomats stationed in Foreign Lands
Power to Settle Diplomat Duties
43
Reviews decisions of Lower Courts
| Reviews decisions and resolutions in administrative cases of Ombudsman and DoJ
Court of Appeals
44
has jurisdictions over criminal and civil cases involving graft and corruption practices committed by public officers and employees
Sandiganbayan
45
has jurisdiction over cases involving National Internal Revenue Code or the Tariff and Customs Code
Court of Tax Appeals
46
Excersises exclusive original jurisdiction in all criminal cases
Regional Trial Courts
47
established to resolve cases involving Muslims
Enforces Code of Personal Laws
Primarily pertain to Family rights and duties as well as contractual relations
Sharia district courts
48
Salary of Chief Justice
135,376
49
Salary of Associate justice of SC
117,086
50
created by state for purposes of administration of LGU or rendering service in the public interest
Public Corporation
51
Characteristics of Public corporation
Public (or Governmental) - agent of state
| Private (or Propriety) - agents of the community in the administration of local affairs
52
Public Corporations
```
Government-owned and Controlled Corporations (GoCC)
Municipal Corporations (LGU's)
```
53
Body politic and corporate constituted by the incorporation of inhabitants for purposes of LGU
Municipal Corporation
54
Elements of Municipal Corporation
Legal Creation
Corporate Name
Inhabitants part of popu. vested with political and corporate powers
Territory
55
Local Autonomy
Decentralization (Imperium in imperio) (Empire within an empire)
56
Three Variations of Decentralization
Devolution, Debureaucratization, Deconcentration
57
adoption of Deconcentration (Administrative Power)
LGU Code of 1991
58
Consists of merely in the delegation of administrative powers and to broaden base of governmental powers
Decentralization of Administrative (Deconcentration)
59
Involves abdicationby the national government of political power in favor of LGU's declared autonomous
Decentralization of Power (Devolution)
60
sub-national administrative unit comprising of several provinces having similar ethnic origin or dialect or agricultural procedure
Region
61
largest unit in the political structure
| generally coordinative and supervisory to the municipalities and some component cities.
Province
62
Classes of Cities
Highly Urbanized, Independent Component city, Component City
63
political corporate body which is endowed with the facilities of a municipal corporation, exercised by and through the municipal government in conformity with law
Municipality
64
smallest political unit into which cities and municipalities are divided
Barangay
65
cities with a minimum of 200,000 popu
| annual income: 50M
Highly Urbanized Cities
66
cities whose charter prohibit their voters from voting for provincial elective officials (independent from provinces)
Independent Component Cities
67
It's a local government unit if approved by majority vote cast in a plebiscite
Plebiscite requirement
68
It's a local government unit if sufficient on acceptable standards to provide for all essential government facilitates and services
Income requirement
69
It's a local government unit if there is a total number of inhabitants
Population requirement
70
It's a local government unit if land is contiguous (unless comprises of 2 or more islands); properly identified by bounds and can providefor basic services and facilities
Land Requirement
71
Requirement when LGU is established
Commercial
Manufacturing
Recreational
Personal Services
(Town hall, Church or chapel, public plaza, (required: freedom parks), marketplace, school (or hospital))
72
Intermediate unit providing supervision to the municipalities and component cities
performing services for the national government
Province
73
Performing services for people who live together in the community
cities/municipalities
74
provides opportunities for face to face interaction
Barangay
75
Provincial Local Chief Executive
Ensures that component cities and municipalities are doing their respective powers and duties
Governor
76
Helps the Governor
| Head of Sangguniang Panlalawigan
Vice Governor
77
City/Municipal Local Chief Executve
| Ensuring Barangays are doing their shit
Mayor
78
help the mayor
| head of Sangguniang Panglungsod/Pambayan
Vice Mayor
79
Barangay Local chief executive
Barangay Chairman
80
InternalSource of Funds for LGU's
Taxes, Fees, Charges
| Income from Investments, privatized and development enterprises and Inter-Governmental Corporation
81
External Source of Funds for LGU's
```
Internal Revenue Allotment
share from Utilization of National Wealth
Grants and Donations
Domestic Loans
Credit Financing Schemes
```
82
Read Sidel 1999 and Kawanaka
Bossism
83
Predatory State
Philippines state is neither simply a patron-client nor object for oligarchical plunder
A COMPLEX PREDAROTY MECHANISMS FOR THE PRIVAte exploitation and accumulation of resources
84
read abinales 2000
Mutual Accomodation and Weak state
85
Read reviewer for historical approach state-society network
jpfjsdafasf'
86
In structurally weak states, state capacity is defined by an exchange between state and society through mediation of regional and local strongmen
State-Society Network
87
Read salome 2013
hahaha wanna die
88
transformations over time of the institutions of society
Social Change
89
Types of social Change: Displacement
total removal of existing rules and replacing with new ones
90
Types of social Change: Conversion
rules remain the same but are interpreted differently
91
Types of social Change: Drift with Changes
shift in environmental conditions resulting in changes impact
92
Types of social Change: Layering
introduction of new rules
93
read leach 194
fuck
94
LGU as direct service provider
Traditional Bureaucratic Authority
95
stronger market with weak government and neutral form of democracy by embracing business value
Residual Enabling Authority
96
focuses on the role of Market in service delivery
| conducive policy framework for local economic development
Market Oriented Enabling Authority
97
Citizen Participation in decision making
| values participatory democracy and community accountability
Community-Oriented Enabling authority
98
read prastyawan
hahaha huhuhu h
99
Hobbes's Leviathan
All individual are equal and put their interests first. People submitted to the Government for security
100
Locke
People have the right to overthrow government when they violate right of life, liverty, and property
101
Rosseau's social Contract
government must protect the equality and character of its citizens
developed the concept of a constitution
102
will of the people is the supreme law
salus populi est supreme lex
103
use your property so as not to injure the property rights of others
sic utere tuo ut alienum non laedas
104
the law may be harsh, but it is law
dura lex, sed lex
105
caught on the spot
In Flagrante Delicto
106
chase after being caught
Hot Pursuit
107
Escapee from legal custody
Escaped Prisoner or Detainee
108
Five Pillars of Criminal Justice System
```
Community
Law Enforcement
Prosecution
Courts
Corrections
```
109
Rights that should be said during the presentation of Warrant of arrest
Miranda Rights
110
Security given for the release of a person in custody of law
Right to Bail
111
Remedy available to any person whose right to life, liberty, and security has been violated
Writ of Amparo
