General Information: Constitution Flashcards
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The Preamble of the 1987 Constitution begins with 'We, the sovereign Filipino people...' This phrase establishes that the ultimate authority of the government and the constitution originates from:
Answer: The collective will of the Filipino citizens.
The phrase 'We, the sovereign Filipino people' explicitly states that sovereignty—the supreme and independent authority—resides in the people. This means the Constitution is ordained and promulgated by the citizens, making them the ultimate source of all government authority.
Which of the following correctly describes the composition of the legislative branch of the Philippine government?
Answer: A bicameral Congress composed of the Senate and the House of Representatives.
The legislative power in the Philippines is vested in the Congress, which is a bicameral (two-chamber) body. It consists of the upper chamber, the Senate, and the lower chamber, the House of Representatives.
A government agent, without a warrant, forcibly enters a private residence based on an anonymous tip about illegal activities. Any evidence found during this entry would likely be inadmissible in court under which constitutional principle?
Answer: The right against unreasonable searches and seizures.
Article III, Section 2 of the Constitution protects the right of the people against unreasonable searches and seizures. A search conducted without a valid warrant issued by a judge upon probable cause is generally considered unreasonable. The 'exclusionary rule,' derived from this right, dictates that evidence obtained through an illegal search is inadmissible in any proceeding.
Which of the following is a primary function of the Judicial Branch, as established by the Constitution?
Answer: To settle legal controversies and determine if there has been a grave abuse of discretion by other branches.
Judicial power, vested in the Supreme Court and lower courts, includes the duty to settle actual controversies involving legally demandable rights and to determine if any branch of government has acted with grave abuse of discretion. This is often referred to as the power of judicial review.
The President of the Philippines can veto a bill passed by Congress, but Congress can override this veto with a two-thirds vote in both houses. This is a clear example of what constitutional principle?
Answer: Checks and Balances
The principle of checks and balances allows each branch of government to limit the powers of the other branches, preventing any one branch from becoming too powerful. The presidential veto and the congressional override are classic examples of the legislative and executive branches checking each other's power.
According to Article XVII of the 1987 Constitution, which of the following is NOT a valid method for proposing amendments to the Constitution?
Answer: A decree issued by the President during a state of national emergency.
The 1987 Constitution provides three methods for proposing amendments: 1) Congress as a Constituent Assembly, 2) a Constitutional Convention, and 3) a People's Initiative. A presidential decree is not a recognized method for amending the constitution, as this would violate the principle of separation of powers and the people's sovereignty.