PGC First Quiz Reviewer

PGC | Philippine Government & ConstitutioFirst Quiz – just notes THE CONCEPT OF STATE  State o Community of persons more or less numerous in number occupying the definite territory with government free of external control o Elements:  People  A state can’t be a state without rational beings  World is governed by laws of men  People determines the law that can be applied  Laws in this context: Laws of men ; not laws of nature  Law: Law is ordinance of reason promulgated by the authority for the common good o 4 elements  Reason  Rule of action  Anything that governs us is of reason  Promulgated/Promulgation o Act of making o Informing others of the law o Congress is mandated/required to publish laws  By the authority  Congress makes the law  Everything that we do is provided by the congress  National in scope  Local scope: mini-congress o Ordinance: available only to the place where official is elected  Ordinance  For the common good  Majority: 50%+1  Territory  Not limited to the land  Pertains to the land, water, sea and air  Countr has exclusive power and right  If you’ll go to the other country, you’ll pay  You have to know your territory o As a sovereign people, you are free to go to your territory without asking permission  Government  Agent of state ; not the actual state  Forms of government o Monarchial  Run by royalties  Saudi, Brunei, Bahrain, UAE  The King and Queen has actual powers  Note: England is not a monarchial country ; the establishment of king & queen there is ceremonial only o Parliamentary  Makes law  Run by a prime minister  Provinces will elect members of parliament  Members of parliament will choose prime minister  In this context, anytime they can change a prime minister o Presidential  The act of directly choosing a leader  Sovereignty  Capability of a country to decide on its own in running its business  Free of external control  As a country, we have our own power  3 Equal Branches o Executive  The president is the only member  Alter-egos: Representatives / secretary of departments o Legislative  Composed of senators & representatives  Makes law  House of representatives  Composed of district representatives & party list representative o Judiciary  Supreme court, justices  Interprets the law and invalidates if its against the constitution  3 Inherent Powers of the State o Inherent: nothing gives this power of the state o Power of taxation  Is the power of the state exercised by the government to collect of money from the people and this money is called taxes in order to pay government’s expenses  Money generating income of government  LRT  SLEX, NLEX  PCSO  LTO (renewal)  Airports  Philippine ports  Franchise fee (LTRFB)  Characteristics of tax  Progressive taxation o Your income increases, tax increases  Regressive taxation o More income, less taxes  Obligatory in nature o Power of eminent domain  Power of the state exercised by the government to take property  For public use o Cannot take for their own benefit  There is a just compensation o Letting the government sell your property based on the assessed value of the property. o Police power of the state  Power to enact, make, create modify laws for the general welfare of the people  Power to make laws THE CONSTITUTION  Preamble o Is not a part of constitution o Introduction of the constitution o Sentimentality of the Filipino people about our sovereignty *The constitution is not global, it does not affect other countries.  Philippine Territory o Terrestrial, aerial, fluvial domains  Aerial: High above the humans could go  Restumones: the thing for everyone (no one owns the moon, the sun etc) o Farthest island in the north: Y’ami Island o Territory limitations:  Plotting the outermost line using straight baseline method  Coverage: 12 nautical miles from the straight baseline (19KM – Local)  Territorial sea:  24KM from straight baseline (contiguous zone)  200 nautical miles (exclusive economic zone)  350 nautical miles (extended continental shelf) *Pacific ocean - anyone could go without permission BILL OF RIGHTS  Article 3 o Bill of rights is a set of rights provided by the people for the possible abuses of the government officials  Government: exercising the power of state  State is only an idea  People is aware that people made up the government  1 st step: Divide the government to 3 branches  Each branches check each balance of each other  People directly provided specific rights in order to protect from government o Section 1, Article 3  Consists of 2 rights  Refers to due process o Equal protection of the law o Due process  Giving the opportunity of the person to be heard  Opportunity explain himself/herself o 2 aspects  Substantive  The manner that a bill became a law  Bill became a law if initiated o 1 st reading: Reading of the title o 2 nd reading: Debate and discussion o 3 rd reading: Vote if to pass the bill o Senate accept bill, & co-sponsor it. Bill will be passed to president for approval. o If the readings are executed in a shortcut manner, it will be called a denial substantive due process and will be denied o Effectivity of a law is upon publication  Procedural  The manner a person is treated when crime is committed  Person undergo steps to ensure rights are protected  Elements of procedural due process o Notice of allegation  First step  Allows a person to know what he is accused of  Maybe notified through the use of demand letter o Arraignment  Stage in the proceeding where the court accept or deny  Oppurtunity to shorten or lengthen the proceedings o Oppurtunity to present evidence  Accused would actually present evidence  Types of evidence  Documentary (title, receipt, diploma, etc)  Object (object that is involved in the crime)  Testimonial a. Not limited to what you saw (maybe what you felt, tasted, smelled, heard) b. Personal knowledge of the enact c. Hearsay witness is not reliable o Decision must be based on evidence alone o Bribery is not allowed o Disregard the influences o Concentrate on evidence, not lawyers *Equal protection of the law  Is the government allowed to discriminate people? o Constitution allows discrimination o Discrimination is a tool to provide services o Discrimination not in a American context o Discrimination to have privileges  When could the government could discriminate? o Substantial distinction  Standard that is capable of being measured  Quantifiable  Sample:  Discounts o Senior via age (starts from 60+)  Paternity leave o Father via weding certificate  Tourism industry o Jobs that requires height requirement SUMMARY OF ENUMERATIONS  Elements of state o People o Territory o Government o Sovereignty  4 Elements of Law o Reason o By the authority o Ordinance o For the common good  Forms of Governm  ent (only those that are discussed) o Monarchial o Parliamentary o Presidential  3 Equal branches of Philippine Government o Executive o Legislative o Judiciary  3 Inherent Powers of State o Power of Taxation  Characteristics of Tax  Progressive  Regressive o Power of Eminent Domain o Police power of the state  Section 1, Article 3 o Due process  Aspects of Due Process  Procedural o Elements of Procedural  Notice of allegation  Arraignment  Oppurtunity to present evidence  Decision must be based on evidence alone  Substantive Note: Please memorize PREAMBLE & NATIONAL TERRITORY -- Notes may be incomplete    You may share, but don’t forget to take credits Goodluck, Godbless! © Daisyrie Sabulao, 2014