Consti Midterm!

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Consti Midterm!...

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STATE:community of people occupying a territory that has an independent govn ELEMENTS OF STATE:people,territory,government,sovereignty TERRITORY:terrestrial,fluvial,aerial,and maritime. Archipelagic doctrine-internal waters GOVERNMENT: brain that will make the state function CONTITUENT: bonds of society MINISTRANT-to aver the interest De facto-maintain by force, illegitimate Occupation-war, est. by invading forces Revolution-est inhabitants Succession-est make one w/o takin the other De Jure-legitimate PRESIDENTIAL-president(chief executive)congress(legislature) PARLIAMENTARY-prime minister(chief)parliament(legistlature) SOVEREINTY-supreme/uncontrollable power to control itself INTERNAL-pwr to control domestic affairs EXTERNAL- freedom frm outside control RIGHTS OF STATE-existance/self defence, independence, equality,legation CONSTITUTION-body of rules where the powers of soverreinty are excersice. The embodiment of the will of the people. PRINCIPAL OF SUPPREMACY OF CONTITUTION Fundamental law nothing is higher than the constitution 3MAJORPOWERSLEGISLATIVE-create law EXECUTIVE-implement law JUDICIAL-interpret law CHECK AND BALANCES-if 1branch becomes more powerful another can interfere.

LEGISLATIVE-congress shall consist of the SENETA(24) and HOUSE OF REP(250). SENATOR(6y)serve more than2 consec temrs, natural born,35yrs,read/write,voter,reside 2yrs HOUSEOF REP(3y)nat born,25yrs,read/write,voter,reside 1yr District reps-elect district /Party list reps-social reps INCOMPATIBLE-any govnt office FORBIDDEN-office created during term, +benefits LAW MAKING PROCESS-LEGISLATIVE POWER QUORUM-minimum members needed for the proceeding ot start 1SUBJ 1TITLE RULE1subj shall be expressed in the title 3READING ON SEPARATE DAYS-every bill undergo 3 readings on separate days. st nd rd STEPS-proposal bill,1 reading,committee reports(dead), 2 reading(debates/amendments/delib),3 (d),pass After goes another house->12345 *every bill passed by the congress shall before becoming a law be presented to the pres. SCENARIOS W/PRES 1.president signs -> law 2.president vetoes ->goes back to congress were both houses needs 2/3 for it to be 3.president doesn’t act after 30 days bill becomes a law 2VETO PRES POWER

GENERAL VETO-rejects the bill completely ITEM VETO-rejects particular parts of the bill(appropriation, revenue tariff bill APPROPRIATION LAW-realese public funds from treasury *congress fails to release a new appropriation the old will take effect *appropriation las is needed for the continous working of the government. HOUSE OF REPS(april)-Appropriation,Privates.Revenue or tariffs, Increase of public debt,Local application CONGRESS NON LEGISLATIVE POWERS 1conduct investigation-know whats going on to create law,aide of legislation 2power to declare existence of state war 3electoral tribunal-Senate9 members, house of reps 9 members 4acts as national board of commerse in P/VP elections 5power to determine the imcompetence of the President 6amnesty concurrence-president can grant amnesty,but congress has to concur 7treaty concurrence-president has the right to make treaty but congress has to concur 2/3

EXECUTIVE PRESIDEN/VP-nat born,read/write,40yrs,voter,res10yrs TERM-6 yrs at Jan13th, (P)cnt reelected, VPcnt more2trms 4INSTANCES VACANCIES on (P)-death,perm disability,removal,resignation (VP)will ACT as the (P) -successor of the (P) will nominate the new VP (VP)(P) vacant = speaker of house/senate pres (ACT) -only VP can succeed as (P) –call a special election *(P)(VP)members of SUPREMEcrt/Consti Commision,ombudsman may be removed by IMPEACHMENT only POWERS Appointing-HAMCAC-heads of executive dpt, ambassador,public minister,consuls,officer armed forces AD ITERIM-appmts during Congress recess. LIMITATIONS-cannot appoint relatives th RELATIONS-spouse,relatives by consanguinity(4 civil degree) POSITIONS-members of cc,ombudsman,secretaries,undersecs,chair/head of bueaus MIDNIGHT APPOINTMENTS-2 months before his term ends. CONTROL POWER-president has control over all executive dept,beureaus,offices MILITARYPOWER- commander in chief(civilian authority) calling out,declare martial law, HABEAS CORPUS MARTIAL LAW-invasion,rebellion,60days,report to congress,supreme court determines HABEAS CORPUS-wrongful detention PARDONING POWER 1pardon-forgive 2communtation-lower 3repreive-postponed 4remisison of fine 5remi of fortitures 6amnesty-forgt BORROWING POWER DIPLOMATIC POWER-no treaty will be effective unless concurred by congress 2/3 BUDGETARY POWER th INFORMING POWER-congress opens (4 mon july)SONA JUDICIAL DEPARTMENT-supreme court(15cheif justice)(14 associate justices)highest court HEIRARCHY OF COURTS-municipal->regional->court appeals=tax=sandiganbayan->supreme(Collegiate courts) COLLEGIATE COURTS-have more than 1 judge QUALIFICATIONS-nat born(SC,CC)40yrs(SC,CC)15yrs judge lower(SC,CC) law def(LC)citizen(LC)member BAR(LC)

TERM-no fixed term, hold till 70 or incapacitated PROVISIONS-supreme court is independent -constitutionally created, not by law. –congress cannot touch –to change (SC) need to change consti POWERS-members can only be removed by impeachment, president appoints judges, salary by law, Fiscal autonomy, administrative supervision in all the other courts JUDICIAL POWER-duty to settle disputes, determine if theres grave abuse/discretion by govt REQUISITION JUDICIAL INQUIRY 1there must be an actual case -> not hypothetical 2issue must be raised by the proper party->whos being violated 3issue must be raised at the earliest opportunity 4issue of constitutionality must be determined of the case itself PRESSUMPTION OF CONTITUTIONALITY-before law is said to be unconstitutional it is a good law ORTHODOX VIEW-is a law is unconstitutional it is as is it wasn’t made MODERN VIEW/DOCTRINE OF OPERATIVE FACT-recognize parts of the law before declaration unconsti PARTIAL UNCONSTITUTIONALITY-can be done if the law can stand up by its own JUDICIAL DESCISIONS Constitution need to express clearly and the law on which it is based 24months from the of submission(SC) 12months for all lower collegiate courts 3motnhs for all lower courts

CONTITUTIONAL COMMISSION Officers(3)made independent from the (3)powers of govnt A.civil service commissionB.commision of electionC.commission of audit -cannot be touched by congress,impeachment only way, salary fixed by law,appoint their own,fiscal autonomy CIVIL SERVICE COMMISION-control personel government offices Composition-chairman, (2)commissioners Requirements-natborn,35yrs,public admin,cant be candidate Chairman and commission are appointed by (P) cant be reappointed Term-serve 7yrs,rotational 7,5,3 2classifications-competitive-exam.non-compet-policydeterm,primaryconfidentialpos(secs)highly technical COMMISION OF ELECTIONS-protects the sanctity of the ballot and protect will of voters Direct democracy-purely people are exercising power Indirect democracy/republicanism-representation Composition-chariman (6)commissioners Qualifications-natborn,35yrs,notloser,college grad,member orf BAR Powers/function-enforcing regulations on voting, jurisdiction anything voting related, Election period-90before election 30 often the election=120election period ELECTION PERIOD-defined by consti, duration is fixed(120),ends(30)after election CAMPAIGNING PERIOD-defined by law,varied by what elections,ends day before election -during election period it regulated franchise and permits to allow equal exposures to all COMMISSION ON AUDIT-watch dog of financial government, guardian of the treasury COMPOSITION-chairman,(2)commissioners

QUALIFICATION-natborn,30yrs,noloser,certified public accntant,member BAR APPOINTMENTS-cannot be reappointed,rotational 2yrs every 7yrs POWERS/FUNCTION-“audit”, define scope of audit, new techniques

LOCAL GOVERNMENT-politicalgovnt subdivision by locals CENTRAL GOVERNMENT=NATIONAL GOVERNMENT LOCAL AFFAIRS-by the local people UNITS:provinces,cities,municipalities,barangay DECENTRALIZED GOVERNMENTS=LOCAL GOVNT Subjected to the central government Local autonomy,Created by law POWER:create its own sources of income by tax,fee,charges National gvnt doesn’t benefit frm local, but local does INTERNAL REVENUE ALLLOCATION LOCAL OFFICES TERM-3yrs,3 consecutive terms=limit, barangay is fixed by law. CREATION OF LOCAL GOVERNMENTS-created by law CONDITIONS 1.accordance with criteria for local govnt: population,geographical area,income 2.must be approved in a plebiscite by majority of the people CITIES WHO ARE INDEPENDENT FROM PROVINCES 1.highly urbanized cities 2.voting.

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