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Module 1

The document discusses key concepts in Philippine constitutional law and government. It defines supremacy of the constitution, describes the hierarchy of laws from the Malolos Constitution to the current 1987 Constitution. It explains due process and its purpose to protect individuals from arbitrary government action, and gives an example of how due process can be violated. It distinguishes between public law, which deals with relationships between individuals and the government, and private law, which governs relationships between private individuals. It also explains the doctrine of separation of powers among the three branches of government and the judicial branch's role in checking abuses of power through legal actions like certiorari and prohibition.

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Shaina Laguitan Baladad
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62 views2 pages

Module 1

The document discusses key concepts in Philippine constitutional law and government. It defines supremacy of the constitution, describes the hierarchy of laws from the Malolos Constitution to the current 1987 Constitution. It explains due process and its purpose to protect individuals from arbitrary government action, and gives an example of how due process can be violated. It distinguishes between public law, which deals with relationships between individuals and the government, and private law, which governs relationships between private individuals. It also explains the doctrine of separation of powers among the three branches of government and the judicial branch's role in checking abuses of power through legal actions like certiorari and prohibition.

Uploaded by

Shaina Laguitan Baladad
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Baladad, Shaina Joy L.

BSOA 3-1D

Module 1

1. What is meant by the supremacy of the Constitution?

Supremacy of the constitution guarantees that those who make choices for the sake of
the public speak for public opinion. It sets out the ways in which those who exercise power may
be held responsible to the individuals they serve.

2. Describe the hierarchy of laws in the Philippines.

Malolos Constitution is the first republican constitution in Asia and lasted from 1899 to
1901 during the American occupation. 1935 Constitution which provided the legal basis of the
Commonwealth Government with the Philippines granted independence with a constitution
inspired by the Americans. According to officialgazette.gov “The 1935 Constitution. ARTICLE
VII.—EXECUTIVE DEPARTMENT, Sec.11 (1) The President shall have control of all the
executive departments, bureaus, or offices, exercise general supervision over all local
governments as may be provided by law, and take care that the laws be faithfully executed.”
1987 Constitution established a representative democracy with power divided among
three separate and independent branches of government: the Executive, Legislature,
and the Judiciary. 1987 Constitution is the present constitution of the Philippines.

3. What is due process? What is the purpose for the due process?

In the Bill of Rights, “No person shall be deprived of life, liberty, or property without due
process of law, nor shall any person be denied the equal protection of the laws.” This can be
what attorneys refer to as the due process and equal protection clause and it is one of the
foremost vital confinement to state power, the cure to out of line, the preposterous, unusual,
self-assertive, inconstant act of government, and of which numerous of the others that take after
within the list is but a reiteration of it, as for occasion the proper to be assumed guiltless until
demonstrated guilty.

4. Give an example of how due process may be violated.

A student has a right to public education but it does not say anything about the
discipline. The state needs to provide fair procedures before having an action by expelling the
student.

5. Distinguish between public law and private law.

Public law deals with issues that affect the general public or society as a whole. Public
law is a set of rules that govern the relationships between private individuals or private
organizations and public bodies. Private law applies to any circumstances relating to
relationships between individuals in a legal system. Therefore, this type of law governs the
relationship between individuals and governments. This is also referred to as common law. It
includes the law of property and trust, family law, the law of contract, mercantile law, and the law
of tort.

6. Explain the doctrine of separation of powers.

The Philippines has three branches, the Executive, Legislative, Judicial. The executive branch
includes the Vice President. This branch is authorized to carry out and enforce the law. It is
headed by the President who functions as both the head of state and government. The
legislative
branch is authorized to make, change, and revoke a law through the power vested in the
Philippine Congress. It divided into the Senate and the House of Representatives.The judicial
branch has the power to settle controversies involving rights that are legally demandable and
enforceable. It determines if there has been an abuse of discretion or not that amounts to lack
or excess of jurisdiction on the part and instrumentality of the government. It is made up of
Supreme Court and lower courts.

7. What is the countervailing measure against the possible abuse owing to the separation of
powers? Explain

Judicial Branch is empowered to determine if any government branch instrumentality has


acted beyond the scope of its power. The Rules of Court uses two special civil actions in
determining and correcting grave abuse of discretion amounting to lack or excess of jurisdiction.
These are the special civil actions for certiorari and prohibition that are governed by Rule 65.

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