Consti 1 Reviewer

Constitution 1 by Isagani | Atty.
Mariacos
Constitution –The written instrument enacted by direct action  Fixing the legal relations between husband and wife
of the people by which the fundamental powers of the between parents and children
government are established, limited and defined, and by which  Regulation of the holding, transmission and
those powers are distributed among the several departments interchange of property, and the determination of its
for their safe and useful exercise for the benefit of the body liabilities for debt or for crime
politic.  Determination of contractual rights between
 The constitution must remain supreme individuals
 Must be upheld as long as it has not been changed by  Definition and punishment of crimes
the sovereign people  Administration of political duties, privileges and
relations of citizens
CLASSIFICATION  Dealings of the State with foreign powers
Written Constitution – one whose precepts are embodied in
one document or set of documents. MINISTRANT – are those undertaken to advance the general
Unwritten Constitution - consists of rules which have not interests of society, such as public works, charity, and
been integrated into a single, concrete form but are scattered regulations of trade and industry.
in various sources, such as statutes of a fundamental
character, judicial decisions, commentaries and etc. One of the important tasks of the gov’t is to act for the State
Conventional Constitution - an enacted constitution, formally as parens patriae, or guardian of the rights of the people.
“Struck off” at a definite time and place following a conscious
or deliberate effort taken by a constituent body. TYPES OF GOV’T
Rigid Constitution – one that can be amended only by a formal De Jure – gov’t of title, has rightful title but no power to
and usually difficult process whereas a Flexible Constitution, is control, either because this has withdrawn from it or because
one that can be changed by ordinary legislation. it has not yet actually entered into the exercise thereof.
 Gov’t that gets possession and control by force or by
CONCEPT OF THE STATE the voice of majority
ART 1: “The national territory comprises the Philippine  Established as an independent gov’t by the
archipelago, with all the islands and waters embraced therein, inhabitants of a country who rise in insurrection
and all other territories over which the Philippines has against the parent state
sovereignty or jurisdiction, consisting of its terrestrial, fluvial,  Established and maintained by military forces who
and aerial domains, including its territorial sea, the seabed, the invade a territory of the enemy in the course of war
subsoil, the insular shelves, and other submarine areas. The De Facto – gov’t of fact, exercises control with legal title
waters around, between, and connecting the islands of the  Maintained by active military power within the
archipelago, regardless of their breadth and dimensions, form territories, and against rightful of an established and
part of the internal waters of the Philippines.” lawful gov’t.
UNCLOS – UNITED NATIONS CONVENTION ON THE LAW OF  It must necessarily be obeyed in civil matters by
THE SEA private citizens who, by acts of obedience rendered in
submission to such force.
FUNDAMENTAL POWERS OF STATE
1. The police power – power of the state to regulate SOVEREIGNTY – supreme and uncontrollable power inherent
liberty and property for the promotion of the general in a State by which that State is governed. It may be internal or
welfare external. Internal - referring o the power of the State to control
2. Power of eminent domain – enables the to forcibly its domestic affairs, external – directs its relations with other
acquire private property, upon payment of just States, is also known as independence.
compensation, for some intended public use 1. LEGAL – the authority which has the power to issue
3. Power of taxation – the state is able to demand from final commands
the members of the society their proportionate share 2. POLITICAL – power behind the legal sovereign
or contribution in the maintenance of the gov’t.
SAFEGUARDS IN THE BILL OF RIGHTS
Government – is the agency or instrumentality through which 1. The right to due process
the will of the State is formulated, expressed and realized. Is 2. Prohibition against unreasonable searches and
also defined as the corporate gov’t entity through which the seizures
function of gov’t is exercised throughout the PH. 3. Freedom of expression
4. The impairments clause
FUNCTIONS: 5. Guarantees against injustice to the accuse
CONSTITUENT – constitute the very bonds of society and are
therefore compulsory.
 Keeping order and providing for the protection of
persons and property from violence and robbery

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Constitution 1 by Isagani | Atty.

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