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Index
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JURISD1
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Chapter 1
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DENTISTS AND CONSTITUTION
level: DENTISTS AND CONSTITUTION
Questions and Answers List
level questions: DENTISTS AND CONSTITUTION
Question
Answer
the written instrument enacted by direct action of the people by which the fundamental powers of the government are established, limited and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic
Constitution
author of the constitution
FILIPINO PEOPLE
The Philippine State ____ and _____ State.
democratic; republican
Sovereignty resides in the ____ and _____ emanates from them.
people; all government authority
means that we are controlled and ruled by the people within the state; the power is vested in the people and not outside the country. We support freedom (rights of the citizen), equality between people and groups, respect to human rights and fundamental freedom in which the people express their freewill
Democratic
means that the power rest with the people through their representative (electing someone such as congressman)
Republican
usually it is the head of the state and the government
President
a community of persons, more or less numerous, permanently occupying a fixed territory, and possessed of an independent government organized for political ends to which the great body of inhabitants render habitual obedience
state
THE ELEMENTS OF A STATE ARE:
people, territorry, government, sovereignty
The supreme and uncontrollable power
Sovereignty
agency and instrumentality will of the state is formulated, expressed and realized.
government
The three (3) branches of the government:to execute the law headed by the President
Executive Branch
The three (3) branches of the government:legislators; law maker
Legislative Branch
Legislative Branch: national
senators, congressman
Legislative Branch: local provine
board members
Legislative Branch: local municipality
councilor
Legislative Branch: local brgy
brgy councilor/ kagawad
The three (3) branches of the government:judges/ court
Judicial Branch
Judicial Branch: highest
supreme court
the philippine territory: archipelagic doctrine
200 nautical miles
under which we connect the outermost points of our archipelago with straight baselines and consider all the waters enclosed thereby as internal waters
archipelagic doctrine
FUNDAMENTAL/INHERENT POWERS OF THE STATE: inherent power of the State of promoting the public welfare by restraining and regulating the use of liberty and property.
Police Power
FUNDAMENTAL/INHERENT POWERS OF THE STATE: the inherent power of the State to acquire private property for public use upon payment of just compensation
Power of Eminent Domain
FUNDAMENTAL/INHERENT POWERS OF THE STATE: the inherent power of the State to demand and enforce contributions for public purpose or purposes (collect taxes from the people).
Power of Taxation
composed of rights generally enjoyed by every citizen as provided in the Constitution
THE BILL OF RIGHTS
TWO TYPES OF DUE PROCESS:relates chiefly to the mode of procedure which government agencies must follow in the enforcement and application of laws (opportunity to explain yourself)
Procedural
TWO TYPES OF DUE PROCESS:requires that the law itself is fair, reasonable and just. (legal grounds/ basis)
Substantive
Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one
Miranda Rights
MIRANDA RIGHTS: This constitutional right extends only to _______ and not when the body of the accused is proposed to be examined as in paraffin testing
testimonial compulsion
are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship
Natural-Born Citizens
Literally means the right of blood; (in the Philippines we use this, even U.S. and most of the countries)
Doctrine of Jus Sanguinis
The law of the place of birth
Doctrine of Jus Soli