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Preamble, Article 6-8 Section I

The document discusses several key legal concepts in the Philippines constitution and legal system. It defines key terms like law, constitution, separation of powers, and checks and balances. It also outlines the preamble and some key sections of the 1987 Philippine constitution relating to the legislative, executive, and judicial branches. Finally, it enumerates the main purposes of law and elements of the state.

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42 views4 pages

Preamble, Article 6-8 Section I

The document discusses several key legal concepts in the Philippines constitution and legal system. It defines key terms like law, constitution, separation of powers, and checks and balances. It also outlines the preamble and some key sections of the 1987 Philippine constitution relating to the legislative, executive, and judicial branches. Finally, it enumerates the main purposes of law and elements of the state.

Uploaded by

Lendrei Querimit
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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LEGAL ASPECTS

1. Memorize PREAMBLE
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to
build a just and humane society, and establish a Government that shall embody our
ideals and aspirations, promote the common good, conserve and develop our patrimony,
and secure to ourselves and our posterity, the blessings of independence and
democracy under the rule of law and a regime of truth, justice, freedom, love, equality,
and peace, do ordain and promulgate this Constitution.

2. Memorize Article 6. Section I of the 1987 constitution


Section 1. The legislative power shall be vested in the Congress of the
Philippines which shall consist of a Senate and a House of Representatives, except to
the extent reserved to the people by the provision on initiative and referendum.

3. Memorize Article 7. Section I of the 1987 constitution


Section 1. The executive power shall be vested in the President of the
Philippines.

4. Memorize Article 8. Section I of the 1987 constitution


Section 1. The judicial power shall be vested in one Supreme Court and in such
lower courts as may be established by law. Judicial power includes the duty of the courts
of justice to settle actual controversies involving rights which are legally demandable and
enforceable, and to determine whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of
the Government.

5. Read the definition of Law


Law refers to a system of rules and regulations established by a government or a
governing authority to govern the behavior and interactions of individuals, groups, and
institutions within a society. These rules are designed to maintain order, ensure justice,
protect individual rights, and provide a framework for resolving disputes and conflicts.
Laws encompass various aspects of human conduct, including criminal behavior, civil
disputes, property rights, contracts, and more. They are enforced through a legal system
that consists of courts, judges, lawyers, and other legal institutions. The primary
objectives of law include promoting social harmony, safeguarding individual rights and
freedoms, and facilitating a just and equitable society.

6. Read the definition of constitution


A constitution is a fundamental and supreme legal document or set of principles
that establishes the framework for a government, outlines the structure of state
institutions, defines the distribution and limitation of powers, and often enshrines the
rights and freedoms of individuals within a specific country or governing entity.
Constitutions serve as the foundational law of a nation, providing the fundamental rules
that guide its governance and interactions among its people and institutions.
Constitutions can be written or unwritten, and they typically lay out the basic political,
social, and economic principles that shape the identity and functioning of a state. They
often establish the separation of powers between different branches of government
(such as the executive, legislative, and judicial branches) and establish the relationship
between the government and the governed.

7. Read the definition of separation of powers


The separation of powers refers to a fundamental principle of governance in
which the functions, responsibilities, and powers of a government are divided and
assigned to distinct branches or bodies. This division is typically between three main
branches: the executive, the legislative, and the judicial. The goal of the separation of
powers is to prevent the concentration of power in a single authority and to provide a
system of checks and balances to ensure that no one branch becomes too powerful and
potentially abuses its authority.

Each branch has its own distinct roles and functions:

 Executive Branch: This branch is responsible for implementing and enforcing


laws. It is typically headed by the president or a similar executive authority. Its
primary functions include executing laws, managing foreign relations, and
overseeing the day-to-day administration of government agencies.

 Legislative Branch: The legislative branch is responsible for making and passing
laws. It consists of a parliament, congress, or similar body composed of elected
representatives. This branch debates and votes on proposed legislation, sets
budgetary allocations, and exercises oversight over the executive branch.

 Judicial Branch: The judicial branch is responsible for interpreting and applying
the laws. It consists of courts and judges who impartially adjudicate legal
disputes, ensure the constitutionality of laws, and provide a mechanism for
resolving conflicts according to the established legal framework.

The separation of powers ensures that no single branch has unchecked authority over
the others, which helps safeguard individual rights and prevents the abuse of power. It
encourages collaboration and compromise among the branches, fostering a system in
which each branch's actions are subject to scrutiny and review by the others.

8. Read the definition of check and balances


Checks and balances refer to a system within a government or organization
where various branches or components have the ability to oversee, influence, and limit
the actions of other branches or components. This system is designed to prevent any
one branch or entity from gaining too much power and to ensure that power is distributed
and exercised responsibly.

In a governmental context, the checks and balances system is often associated with the
separation of powers among the legislative, executive, and judicial branches. Each
branch is granted certain powers that allow it to monitor and control the actions of the
other branches:
 Legislative Checks: The legislative branch can check the executive branch by
approving or rejecting appointments of high officials, controlling the budget, and
passing laws that can impact executive actions. It can also impeach and remove
high-ranking executive officials.

 Executive Checks: The executive branch can check the legislative branch by
vetoing bills passed by the legislature and proposing legislation of its own. It can
also enforce laws and policies passed by the legislature.

 Judicial Checks: The judicial branch can check both the legislative and executive
branches by reviewing the constitutionality of laws and executive actions. It can
declare laws or actions unconstitutional and nullify them if they violate the
established legal framework.

This system of checks and balances ensures that no single branch becomes dominant
and that decisions are made through negotiation, compromise, and consensus. It helps
prevent abuses of power, maintain the rule of law, and protect individual rights and
freedoms by providing multiple avenues for scrutiny and accountability within the
government.

9. Enumerate the purpose of Law


 Maintaining Order:
Maintaining order refers to the process of upholding discipline,
structure, and peaceful coexistence within a society. It involves
implementing rules, regulations, and systems that prevent chaos,
violence, and disruptive behavior. The goal is to create an environment
where individuals can interact and pursue their interests without infringing
on the rights of others or causing harm.

 Establishing Standards:
Establishing standards involves setting benchmarks, guidelines, or
criteria that define acceptable behaviors, practices, or qualities within a
particular context. Standards can apply to various areas such as ethics,
quality, safety, or performance. They provide a reference point for
evaluating actions, products, or processes and ensuring consistency and
excellence.

 Resolving Disputes:
Resolving disputes refers to the process of settling
disagreements, conflicts, or disagreements between individuals, groups,
or entities. This can be achieved through negotiation, mediation,
arbitration, or legal proceedings. The aim is to reach a fair and mutually
acceptable solution that addresses the concerns of all parties involved.
 Protecting Individual Rights and Liberties:
Protecting individual rights and liberties involves safeguarding the
fundamental freedoms and entitlements of individuals within a society.
These rights may include freedom of speech, religion, privacy, due
process, and equality before the law. Laws and legal frameworks are put
in place to ensure that individuals are not arbitrarily deprived of their
rights and that their liberties are respected and upheld. The protection of
individual rights contributes to the overall fairness, justice, and respect for
human dignity within a society

10. Enumerate the elements of state(estado)


 Population or people
 Territory
 Government
 Sovereignty

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