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1.

Mention and explain the similarities and differences of the1935, 1973 &
1987 Constitution.

The following are their similarities:

All three Constitutions took into consideration the preamble, national


territory, Declarations of Principles and State Policies, the Executive
Branch.

Meanwhile, the said Constitutions have difference in relation to the right


to vote, Kinds of Congress, Qualifications and Removal of the members
thereof, Decisions of the Supreme Court and Prohibition to Hold Other
Office and Practice of Professions.

2. What is the tydings-Mcduffie act? What is its importance to the1935


constitution?

It is the enabling act that contained the mechanism whereby the


Constitution of an independent Philippines could be adopted. It called for
the calling of a ConCon to draft a constitution for the Philippines and the
establishment of a constitution providing for a republican government.
Moreover, pursuant to the authority granted by this Act, Act No. 4125
was passed preparing the Philippines for Independence.

The Tydings-McDuffie Act of 1934 paved the way for the election of
delegates to the Constitutional Convention which resulted to the 195
Constitution.

3. What are the 3 qualities of a good written constitution and explain each?

a. Broad. Not just because it provides for the organization of the entire
government and covers all persons and things within the territory of
the State but because it must be comprehensive enough to provide for
every contingency.
b. Brief. It must confine itself to basic principles to be implemented with
legislative details more adjustable to change and easier to amend.
c. Definite. To prevent ambiguity in its provisions which could result in
confusion and divisiveness among the people.

4. Explain the 3 co-equal branches of the Government and their specific


functions?
a. Legislative Branch – Refers to the branch of the government where
authority to make laws and alter and repeal them are vested. It consists
of the representatives of the people with the sole mandate of providing
legislation in order to improve the quality of lives of their respective
constituents. In addition to the legislative power, it also possesses other
significant powers such as Constituent power, Legislative Inquiries,
Appropriation, Taxation, and War powers and delegation power.

b. Executive Branch – Refers to the branch of the government who is


mandated to implement the law. It focuses on the manner of execution of
laws and it maintains the faithful implementation of the laws as
formulated by the Legislative Branch. In addition to executive power, it
also possesses the Veto Power, Diplomatic Power, Pardoning Power, and
Military Powers.

c. Judiciary – Refers to the branch of the government who is mandated to


interpret the laws as formulated by the Congress and to settle any
controversy arising therefrom.

Collectively, the aforementioned branches of government co-exist in such a way


that all facets thereof are duly check pursuant to the principle of checks and
balance wherein each branch shall be reminded not to overstep its power in the
exercise of the same.

5. What is the bill of rights? What is the Miranda Right?

The Bill of Rights is a source of rights wherein Citizens of the Philippines may
use the same to protect one’s interests from the government. It ensures that
each Citizen shall be afforded the rights that he is due as well as providing the
remedies in the event that such right is being violated by the State. The
essence of the Bill of Rights is that it is in line with the principle that the
government is for the people, by the people, and of the people.

The Miranda doctrine requires that: (a) any person under custodial


investigation has the right to remain silent; (b) anything he says can and will
be used against him in a court of law; (c) he has the right to talk to an attorney
before being questioned and to have his counsel present when being
questioned; and (d) if he cannot afford an attorney, one will be provided before
any questioning if he so desires.
6. Why is taxation an inherent power of the State?

Taxation is an inherent power of the State because this is in line with the
lifeblood doctrine. The lifeblood doctrine provides that the State has the right to
source substantial support from its citizens in order for it to survive and thrive,
and that the people have the inherent responsibility to provide assistance in
the maintenance of the State. Without the power of taxation, the State shall
have greatly difficulty in providing for the needs of its people and will
eventually cease to exist.

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