Civil Service General Information: Constitution Questions and Answers 1 — Questions and Answers
Question 1: 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:
- The legislative branch of the government.
- The divine guidance of Almighty God.
- The collective will of the Filipino citizens. (Correct answer)
- A grant of power from the previous constitution.
Correct 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.
Question 2: Which of the following correctly describes the composition of the legislative branch of the Philippine government?
- A unicameral Congress composed solely of District Representatives.
- The President, the Vice President, and the Cabinet.
- A bicameral Congress composed of the Senate and the House of Representatives. (Correct answer)
- The Supreme Court and all lower courts.
Correct 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.
Question 3: 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?
- The right to a speedy trial.
- The right against unreasonable searches and seizures. (Correct answer)
- The right to bear arms.
- The right against self-incrimination.
Correct 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.
Question 4: Which of the following is a primary function of the Judicial Branch, as established by the Constitution?
- To enact, amend, and repeal laws for the country.
- To implement and enforce the laws passed by Congress.
- To appoint ambassadors, consuls, and public ministers.
- To settle legal controversies and determine if there has been a grave abuse of discretion by other branches. (Correct answer)
Correct 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.
Question 5: 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?
- Popular Sovereignty
- Judicial Review
- Separation of Powers
- Checks and Balances (Correct answer)
Correct 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.
Question 6: According to Article XVII of the 1987 Constitution, which of the following is NOT a valid method for proposing amendments to the Constitution?
- A vote of three-fourths of all members of Congress, acting as a Constituent Assembly.
- A Constitutional Convention called by a two-thirds vote of Congress.
- A decree issued by the President during a state of national emergency. (Correct answer)
- A people's initiative upon a petition of at least 12% of the total number of registered voters.
Correct 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.
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: