John Louie Esguerra Constitutional Law I Midterm (October 31, 2020)

John Louie Esguerra
Constitutional Law I
Midterm (October 31, 2020)
1. Government is the body with the power to make and/or enforce law to control the country,
territory, people or organization while administration is the branch of government that deals
with public affairs, it is the conduct of the business of the government.
2. Constitutional Law is the study of the maintenance of the proper balance between authority as
represented by the three inherent powers of the state and liberty as guaranteed by the bill of
rights.
3. Separation of powers this principle is funded on the belief that, by establishing equilibrium
among the three powers, harmony will result, power will not be concentrated and thus tyranny
will be avoided.
4. The following are the bills that must be originated from the House of Representative exclusively;
a. Taxation;
b. Expropriation;
c. Authority to make, frame, enact, amend, and repeat laws; and
d. Ancilliary Powers
5. The following are the three maritime zones beyond the archipelagic waters;
a. Territorial Sea
b. Contiguous Zone
c. Exclusive Economic Zone
6. In De Facto Government is extended by the recognizing State which believes that some of the
requirements for recognition are absent. While De Jure Government is extended to a
government fulfilling the requirements for recognition.
7. This particular Veto is called a Partial Veto. As a rule, a partial veto is invalid. It is only allowed
for particular items in an appropriation, revenue or tariff bill.
8. This is called Internal Waters. Internal Waters are treated as part of a State’s land territory, and
are subject to the full exercise of Sovereignty.
9. The other limitation to the pardoning power of the president is that pardon cannot be granted
for impeachment cases.
10. This is called the Doctrine of State Immunity. This principle lay down the intent of the state
cannot be sued without its consent.
11. A well-written constitution contains three essential substantive parts. These are known as the
constitution of liberty, the constitution of government and the constitution of sovereignty.
12. The following are the key components of the State:

a. People;
b. Territory;
c. Government; and
d. Sovereignty
13. The vital elements of a drafted constitution are the following:

a. Brief;
b. Broad; and
c. Definite
14. The Internal Waters of the Philippines comprises of the following:
a. Lakes;
b. Rivers; and
c. Bays landward of the baseline of the territorial sea
15. a. Regular appointment

- Is made by the president while congress is in session and
b. Ad interim Appointment
- Is made by the president while congress is not in session
16. Sovereignty under this concept, it gives the state complete control over their own territory while
restricting the influence that state have on one another.
17. This is called a political question of the law where the issues are to be decided by the people in
their sovereign capacity. It is concerned with issues dependent upon the wisdom, not legality of
a particular measure.
18. Archipelagic Doctrine.

Under this concept. An archipelago shall be regarded as a single unit, so that waters
around, between, and connecting the island of archipelago from part of the internal water
waters of the state.
19. This is the concept of state of immunity

- there can be no legal right as against the authority that makes law on which the right
depends.
20. This is enshrined in the prime of duty of the government to serve and protect the people. The
government may call upon the people to serve in the military and render civil service.
21. Baselines.
A baseline is the line from which a breath from the territorial sea and other maritime
zone.
22. Principles of checks and balances.

This allows one department to resist encroachments upon its prerogatives or to rectify
mistakes or excess committed by the other department.
23. Appointments made by the president while congress is in session take effect upon confirmation
by the Commission on Appointments and will persist until revoke by the appointing authority.
24. Ad Interim Appointments made by the president will take effect immediately but will be revoked
once the commission on appointments ruled or noted in the negative of its confirmation, this
appointment will cease to be valid.
a. It disapproved by the CA or
b. Upon the next adjournment of congress
25. A Revolutionary Government

When the directives and orders of such government were the supreme law because no
constitution. Limited the extent and scope of such directives.

John Louie Esguerra Constitutional Law I Midterm (October 31, 2020)

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John Louie Esguerra

12. The following are the key components of the State:

13. The vital elements of a drafted constitution are the following:

15. a. Regular appointment

18. Archipelagic Doctrine.

19. This is the concept of state of immunity

22. Principles of checks and balances.

25. A Revolutionary Government

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