Constitution, State, and Government

1. What is a Constitution?
A Constitution is a written instrument that establishes the fundamental principles, powers,
structures, and limitations of government.

2. When was the 1987 Constitution ratified?

It was ratified on February 2, 1987.

3. What is the purpose of the Preamble?

The Preamble states the aims of the Constitution—expressing the ideals of the Filipino people,
guiding interpretation, and serving as a declaration of principles.

4. What do you mean by “conserve and develop our patrimony”?

It means protecting, preserving, and wisely using the nation’s natural resources, culture, and
heritage for present and future generations.

5. What is the purpose of freedom?

Freedom allows citizens to exercise rights and liberties without undue restraint, while ensuring
respect for law, order, and the rights of others.

National Territory and Sovereignty

6. What are our entitlements in national territory under UNCLOS?

The Philippines has sovereignty over its land, waters, airspace, and maritime zones, including 12
nautical miles of territorial sea and 200 nautical miles Exclusive Economic Zone (EEZ).

7. What is an archipelago?
An archipelago is a group of islands and waters forming an integrated whole, with
interconnecting waters as part of the national territory.

8. What is the straight baseline method?

It is the method of drawing straight lines connecting outermost points of islands to measure
territorial waters, as recognized under UNCLOS.

9. What is a State?
A State is a community of people, permanently occupying a defined territory, under an organized
government, and with sovereignty.

10. What are the elements of a State?

(1) People, (2) Territory, (3) Government, and (4) Sovereignty.

11. What are the two functions of government?

 Constituent/Essential functions – necessary for state existence (defense, law, taxation).

 Ministrant functions – undertaken for the welfare of the people (education, health).
12. What is the political creed of the Philippines?
The Republican system of government, where sovereignty resides in the people and all
authority emanates from them.

International Relations and Defense

13. What is the Doctrine of Transformation?

International law becomes binding in the Philippines only after it is transformed into municipal
law by legislation.

14. What is amity (Sec. 2, Art. II, 1987 Constitution)?

The Philippines adopts a policy of peace, equality, justice, freedom, cooperation, and amity with
all nations.

15. What is the role of the Armed Forces of the Philippines (AFP)?
The AFP is the protector of the people and the State; its goal is to secure sovereignty and
integrity of the national territory.

16. What are the parameters in foreign relations?

National sovereignty, territorial integrity, national interest, and the right to self-determination.

Social Justice and Family

17. What do you mean by Social Justice?

Social justice means giving every person their due while ensuring the less privileged are uplifted
and protected against inequality.

18. What is a family?

The basic social unit consisting of parents and children bound by love, duty, and mutual
responsibility.

19. What is the foundation of the family?

Marriage.

20. What is the foundation of the State?

The family is recognized as the foundation of the State.

Citizenship and Suffrage

21. What is suffrage?

The right to vote in the election of public officials.
22. What are the qualifications of a voter?

 Filipino citizen,
 At least 18 years old,
 Resident of the Philippines for at least 1 year, and of the place where they propose to vote
for at least 6 months,
 Not otherwise disqualified by law.

23. In disqualification, how can suffrage be restored?

By removal of legal impediments or restoration of rights through amnesty, pardon, or legal
remedy.

24. Who are citizens of the Philippines?

 Those who were citizens at the time of adoption of the 1987 Constitution,
 Those whose fathers or mothers are citizens,
 Those born before Jan. 17, 1973 of Filipino mothers who elect Philippine citizenship,
 Those naturalized in accordance with law.

25. What is the effect of the father’s naturalization on the child?

Minor children automatically follow the father’s citizenship.

26. What if the mother is naturalized?

The child does not automatically acquire citizenship unless covered by law.

27. What about children abroad if the father is naturalized and they are minors?
They acquire Philippine citizenship together with the father.

28. Who is a natural-born citizen of the Philippines?

One who is a citizen from birth without having to perform any act to acquire citizenship.

29. How do you acquire citizenship?

By birth (jus sanguinis), naturalization, or reacquisition.

30. Can citizenship be renounced?

Yes, by express renunciation before proper authority.

31. What is the effect of a foreigner marrying a Filipino woman?

The foreigner does not automatically acquire Philippine citizenship.

Citizenship and Public Office

32. Can Filipino citizenship be reacquired?
Yes. It may be reacquired by repatriation, direct act of Congress, or under the Citizenship
Retention and Reacquisition Act (R.A. 9225).

33. How can Filipino citizenship be lost?

Through naturalization in a foreign country, express renunciation, subscribing to an oath of
allegiance to another State, service in foreign armed forces, or cancellation by law.

34. What is dual allegiance?

Dual allegiance refers to simultaneous loyalty to two sovereign states, which is prohibited under
the Constitution as it is inimical to national interest.

35. What is dual citizenship?

Dual citizenship is the possession of two citizenships by operation of law (e.g., child born to
Filipino parents in the U.S. acquires both Filipino and American citizenship).

Separation of Powers

36. What is the Doctrine of Separation of Powers?

It is the division of powers among the Legislative, Executive, and Judiciary, each being
supreme within its sphere, to prevent concentration of power.

37. What are the powers of government?

 Legislative – to make laws.

 Executive – to enforce laws.
 Judiciary – to interpret laws.

38. What is the Doctrine of Checks and Balances?

It ensures that no branch of government becomes supreme, by giving each branch power to
restrain the others (e.g., veto power, judicial review, impeachment).

The Executive

39. Who has executive power?

Executive power is vested in the President of the Philippines.

40. What are the qualifications of the President?

 Natural-born citizen,
 Registered voter,
 Able to read and write,
 At least 40 years old,
 Resident of the Philippines for at least 10 years immediately preceding election.
41. What is the rule of succession?
If the President cannot serve, succession is: Vice President → Senate President → House
Speaker → Law designated officer.

42. What is the salary of the President?

The salary is fixed by law and shall not be decreased during tenure.

43. What are the privileges of the President?

 Official residence (Malacañang),

 Immunity from suit during tenure,
 Security detail,
 Other privileges as provided by law.

44. Can the President hold any other office?

No, the President cannot hold any other office or employment during tenure.

45. Can the President appoint relatives?

No, except in cases allowed by law (e.g., those serving in a confidential capacity).

The Legislature

46. What is the power of appropriation?

It is the power of Congress to determine how public funds will be allocated and spent.

47. What is the fiscal autonomy of constitutional commissions?

They enjoy fiscal independence; appropriations approved by Congress are automatically and
regularly released.

48. What is the Doctrine of Qualified Political Agency?

The acts of department secretaries, done in the performance of their duties, are presumed to be
acts of the President unless disapproved or reprobated by him

The Judiciary

49. What is the power of judicial review?

The power of the courts to determine whether acts of the executive or legislative branch are
constitutional.

50. Who has the power of judicial review?

The Supreme Court and other courts as may be provided by law.

51. What is grave abuse of discretion?

Grave abuse of discretion exists when a branch or instrumentality of government acts in a
capricious, whimsical, or arbitrary manner amounting to lack or excess of jurisdiction.
Constitutional Law – Specific Issues

52. What is the effect of a statute declared unconstitutional?

It is deemed void from the beginning (void ab initio) and produces no legal effect.

53. Who has the power to ratify a treaty?

The President, with the concurrence of at least two-thirds of all Senators.

54. What is the restraint to the President in extending appointments?

The President cannot make midnight appointments two months before the next presidential
election up to the end of his term.

55. What is an ad-interim appointment?

It is an appointment made by the President while Congress is not in session; it takes effect
immediately but ceases upon disapproval or inaction by the Commission on Appointments.

56. Who must be with the President during serious illness?

The Cabinet members, particularly the Executive Secretary and others as may be required by
law, must be informed and present.

57. On what grounds may the President and other constitutional officials be impeached?

 Culpable violation of the Constitution,

 Treason, bribery, graft and corruption,
 Other high crimes,
 Betrayal of public trust.

58. Is cronyism a ground for impeachment?

Yes, if it constitutes betrayal of public trust

Presidential Powers

59. Where in the Constitution is qualified political agency discussed?

It is rooted in Article VII (Executive Department), though the doctrine itself is jurisprudential.

60. Where in the Constitution is the diplomatic power of the President found?
Article VII, Section 21 – the President negotiates treaties, but Senate concurrence is required for
ratification.

61. Where in the Constitution are pardon and amnesty provided?

Article VII, Section 19 – The President may grant reprieves, commutations, and pardons, and
remit fines and forfeitures, except in cases of impeachment; amnesty requires concurrence of a
majority of all Members of Congress

Local Government and Republicanism

62. What are the manifestations of republicanism?
Popular sovereignty, rule of law, accountability of public officials, equality before the law, and
regular elections.

63. Distinguish constituent power from legislative power.

 Constituent power – authority to amend or revise the Constitution; exercised by

Congress as a constituent assembly, constitutional convention, or people’s initiative.
 Legislative power – authority to enact ordinary laws.

64. What is the source of Congress’ authority when it acts as a constituent assembly?
Its power comes directly from the Constitution itself.

65. Are the acts of Congress as a constituent assembly justiciable?

Yes, when there is grave abuse of discretion, the Supreme Court may review such acts.

Final Questions

66. What is social justice according to the Constitution?

It is the humanization of laws and equalization of social and economic forces to promote the
welfare of all, especially the underprivileged.

67. What is the foundation of social justice?

The promotion of human dignity and common good.

68. What is the role of education in the Constitution?

Education is given the highest priority, aiming to develop moral character, personal discipline,
and vocational efficiency.

69. What is the role of the State in labor?

The State protects labor, promotes full employment, ensures equal work opportunities, and
guarantees rights to self-organization and collective bargaining.

70. What is the principle of civilian supremacy?

The military is always subordinate to the civilian authority.

71. Who has command of the Armed Forces?

The President is the Commander-in-Chief of the Armed Forces.

72. Who may declare martial law?

The President, subject to constitutional limits and review by Congress and the Supreme Court.

73. How long can martial law last without congressional extension?
For 60 days only.
74. What are the safeguards against abuse of martial law?
Congressional review, Supreme Court review, time limitation, and protection of constitutional
rights (writ of habeas corpus not automatically suspended).