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SOCSCI031 > State Government And Constitution > Flashcards

State Government And Constitution Flashcards

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1
Q

Politically speacking it is define as a community of persons more or less numerous living in a definite territory posses a government and entirely free from external control.

A

State

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2
Q

Basic elements of state

A

People
Territory
Government
Sovereignty

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3
Q

This is the fourth essential element of the state

A

Sovereignty

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4
Q

This word means supreme and final legal authority above and beyond which no legal power exists

A

Sovereignty

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5
Q

Sovereignty has two aspects:

A
  1. Internal sovereignty
  2. External sovereignty
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6
Q
  • Year of Philippine Independence day
    -when ph. was recognized as a state which means it is free form any external control
A

1946

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7
Q

choose among the 4 basic elements of state

ex. filipinos are the ones who contribute the Philippine state

A

People

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8
Q

choose among the 4 basic elements of state

ex. the ph. archipelago as territory

A

Territory

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9
Q

each state should have ______________

A

territorial boundary

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10
Q

choose among the 4 basic elements of state

it is the agency that carries its will and to serve the people of the state

A

Government

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11
Q

choose among the 4 basic elements of state

the supreme and final legal authority of the state that will make the state independent & continue to exist

ex. Obama’s issue: Duterte said back-off when OBama made a statement

A

Sovereignty

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12
Q

choose among the two kinds of sovereignty

ex. there are laws to be followed for peace and order, control, and punishment

A

Internal sovereignty

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13
Q

choose among the two kinds of sovereignty

  • free form foreign or outside control

ex. China, russia, etc. cannot control the deicisions of the state even the international Uited Nations. If it is in conflict of our law and our own judiciaries the it is free from EXTERNAL INTERVENTIONS and carry on its own goal/objectives/laws

A

External sovereignty

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14
Q

Enumerate the characteristics of Sovereignty

A
  • Permanent (cannot be taken)
  • Exclusiveness (laws in our country cannot be imposed in foreign countries)
  • Comprehensive (For the entire country, even non-citizens as long as they are here in the country, then they have to follow our own law)
  • Absolute
  • Inalienable
  • Indivisible (cannot be divided)
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15
Q

what are the 3 inherent powers of the state

A

POLICE POWER
POWER OF TAXATION
POWER OF EMINENT DOMAIN

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16
Q

-power of enact laws
- state w the government enact laws thats why we have so many laws known as republic act statues. they are enacted fo rthe promotion of public safety & order

EX.
Marawi sage under the police power of the president. He declares martial law in mindanao.

A

Police power

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17
Q

PREAMBLE

A

We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.

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18
Q

ARTICLE I

National Territory

A

The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.

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19
Q

ARTICLE II

Declaration of Principles and State Policies

Principles

SECTION 1.

A

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

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20
Q

ARTICLE II

Declaration of Principles and State Policies

Principles

SECTION 2.

A

The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

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21
Q

ARTICLE II

Declaration of Principles and State Policies

Principles

SECTION 3.

A

Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory.

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22
Q

ARTICLE II

Declaration of Principles and State Policies

Principles

SECTION 4.

A

The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal military or civil service.

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23
Q

ARTICLE II

Declaration of Principles and State Policies

Principles

SECTION 5.

A

The maintenance of peace and order, the protection of life, liberty, and property, and the promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.

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24
Q

ARTICLE II

Declaration of Principles and State Policies

Principles

SECTION 6.

A

The separation of Church and State shall be inviolable.

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25
ARTICLE II Declaration of Principles and State Policies State Policies SECTION 7.
The State shall pursue an independent foreign policy. In its relations with other states the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination
26
ARTICLE II Declaration of Principles and State Policies State Policies SECTION 8.
The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.
27
ARTICLE II Declaration of Principles and State Policies State Policies SECTION 9.
The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all.
28
ARTICLE II Declaration of Principles and State Policies State Policies SECTION 10.
The State shall promote social justice in all phases of national development.
29
ARTICLE II Declaration of Principles and State Policies State Policies SECTION 11.
The State values the dignity of every human person and guarantees full respect for human rights.
30
ARTICLE II Declaration of Principles and State Policies State Policies SECTION 12.
The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government.
31
ARTICLE II Declaration of Principles and State Policies State Policies SECTION 13.
The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.
32
ARTICLE II Declaration of Principles and State Policies State Policies SECTION 14.
The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.
33
ARTICLE II Declaration of Principles and State Policies State Policies SECTION 15.
The State shall protect and promote the right to health of the people and instill health consciousness among them.
34
ARTICLE II Declaration of Principles and State Policies State Policies SECTION 16.
The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.
35
ARTICLE II Declaration of Principles and State Policies State Policies SECTION 17.
The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development.
36
ARTICLE II Declaration of Principles and State Policies State Policies SECTION 18.
The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.
37
ARTICLE II Declaration of Principles and State Policies State Policies SECTION 19.
The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos.
38
ARTICLE II Declaration of Principles and State Policies State Policies SECTION 20.
The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments.
39
ARTICLE II Declaration of Principles and State Policies State Policies SECTION 21.
The State shall promote comprehensive rural development and agrarian reform.
40
ARTICLE II Declaration of Principles and State Policies State Policies SECTION 22.
The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development.
41
ARTICLE II Declaration of Principles and State Policies State Policies SECTION 23.
The State shall encourage non-governmental, community-based, or sectoral organizations that promote the welfare of the nation.
42
ARTICLE II Declaration of Principles and State Policies State Policies SECTION 24.
The State recognizes the vital role of communication and information in nation-building.
43
ARTICLE II Declaration of Principles and State Policies State Policies SECTION 25.
The State shall ensure the autonomy of local governments.
44
ARTICLE II Declaration of Principles and State Policies State Policies SECTION 26.
The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law.
45
ARTICLE II Declaration of Principles and State Policies State Policies SECTION 27.
The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption.
46
ARTICLE II Declaration of Principles and State Policies State Policies SECTION 28.
Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.
47
ARTICLE III Bill of Rights SECTION 1.
No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.
48
ARTICLE III Bill of Rights SECTION 2.
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, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.
49
ARTICLE III Bill of Rights SECTION 3. (1)
The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise as prescribed by law.
50
ARTICLE III Bill of Rights SECTION 3. (2)
Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.
51
ARTICLE III Bill of Rights SECTION 4.
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.
52
ARTICLE III Bill of Rights SECTION 5.
No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.
53
ARTICLE III Bill of Rights SECTION 6.
The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. 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.
54
ARTICLE III Bill of Rights SECTION 7.
The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents, and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.
55
ARTICLE III Bill of Rights SECTION 8.
The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.
56
ARTICLE III Bill of Rights SECTION 9.
Private property shall not be taken for public use without just compensation.
57
ARTICLE III Bill of Rights SECTION 10.
No law impairing the obligation of contracts shall be passed.
58
ARTICLE III Bill of Rights SECTION 11.
Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.
59
ARTICLE III Bill of Rights SECTION 12.
(1) Any person under investigation for the commission of an offense shall have the 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. These rights cannot be waived except in writing and in the presence of counsel. (2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. (3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him. (4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to and rehabilitation of victims of torture or similar practices, and their families.
60
ARTICLE III Bill of Rights SECTION 13.
All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.
61
ARTICLE III Bill of Rights SECTION 14.
(1) No person shall be held to answer for a criminal offense without due process of law. (2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable.
62
ARTICLE III Bill of Rights SECTION 15.
The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety requires it.
63
ARTICLE III Bill of Rights SECTION 16.
All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.
64
ARTICLE III Bill of Rights SECTION 17.
No person shall be compelled to be a witness against himself.
65
ARTICLE III Bill of Rights SECTION 18.
(1) No person shall be detained solely by reason of his political beliefs and aspirations. (2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted.
66
ARTICLE III Bill of Rights SECTION 19.
(1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua. (2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.
67
ARTICLE III Bill of Rights SECTION 20.
No person shall be imprisoned for debt or non-payment of a poll tax.
67
ARTICLE III Bill of Rights SECTION 21.
No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act.
68
ARTICLE III Bill of Rights SECTION 22.
No ex post facto law or bill of attainder shall be enacted.
69
ARTICLE IV Citizenship SECTION 1.
(1) Those who are citizens of the Philippines at the time of the adoption of this Constitution; (2) Those whose fathers or mothers are citizens of the Philippines; (3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and (4) Those who are naturalized in accordance with law.
70
ARTICLE IV Citizenship SECTION 2.
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.
71
ARTICLE IV Citizenship SECTION 3.
Philippine citizenship may be lost or reacquired in the manner provided by law.
72
ARTICLE IV Citizenship SECTION 4.
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.
73
ARTICLE IV Citizenship SECTION 5.
Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.
74
ARTICLE V Suffrage
SECTION 1. Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least eighteen years of age, and who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote for at least six months immediately preceding the election. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage. SECTION 2. The Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a system for absentee voting by qualified Filipinos abroad. The Congress shall also design a procedure for the disabled and the illiterates to vote without the assistance of other persons. Until then, they shall be allowed to vote under existing laws and such rules as the Commission on Elections may promulgate to protect the secrecy of the ballot.

SOCSCI031 (5 decks)

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