I PREAMBLE

1. State the 1987 Constitution 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. What is the function of the Preamble in the Constitution?

The Preamble is not a source of rights or of obligations. Because, however, it sets down the origin,
scope, and purpose of the Constitution, it is useful as an aid in ascertaining the meaning of
ambiguous provisions in the body of the Constitution. It is thus a source of light.

3. What is the origin, scope and purpose of the Constitution as set out in the Preamble?

Its origin, or authorship, is the will of the "sovereign Filipino people." Its scope and purpose is "to
build a just and humane society and to 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."

4. What is the significance of the use of the grammatical first person "We?"

The use of the first person stresses the active and sovereign role of the Filipino people as author of
the Constitution. The language thus differs from that of the 1935 Constitution which used the third
person "The Filipino people," thereby suggesting that another power was merely announcing that
the Filipinos were finally being allowed to promulgate a constitution.

5. What is the meaning of "common good" and how does it differ from the "general welfare" of the
1935 and 1973 Constitutions?
The phrase "common good" projects the idea of a social order that enables every citizen to attain
his or her fullest development economically, politically, culturally, and spiritually. The phrase
"general welfare" was avoided because it could be interpreted as "the greatest good for the
greatest number" even if what the greater number wants does violence to human dignity, as for
instance when the greater majority might want the extermination of those who are considered
inferior.

6. What other significant addition to previous preambles does the new version have?

It adds the final phrase "under the rule of law and a regime of truth, justice, freedom, love,
equality and peace." "Love" is inserted as a monument to the love that prevented bloodshed in the
February Revolution. The mention of "truth" is a protest against the deception which characterized
the Marcos regime. And "peace" is mentioned last as the fruit of the convergence of truth, justice,
freedom, and love.
II NATIONAL TERRITORY
1. State Article 1: National Territory.
The National Territory comprises the Philippine archipelago, with all the islands and waters
embraced therein, and all other territories over which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the
seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between,
and connecting the islands of the archipelago, regardless of their breadth and dimensions, form
part of the internal waters of the Philippines.

2. Briefly, what is the scope of the national territory defined in Article I?

It includes: (1) the Philippine archipelago; (2) all other territories over which the Philippines has
sovereignty or jurisdiction; and (3) the territorial sea, the seabed, the subsoil, the insular shelves,
and other submarine areas corresponding to (1) and (2). Moreover, (1) and (2) consist of
terrestrial, fluvial, and aerial domains.

3. What is included by the clause "all other territories over which the Philippines has sovereignty or
jurisdiction?"
This includes any territory which presently belongs or might in the future belong to the Philippines
through any of the internationally accepted modes of acquiring territory. Foremost among these
territories are what are referred to by the 1935 Constitution as "all territory over which the
present (1935) Government of the Philippine Islands exercises jurisdiction. 0 This had reference to
the Batanes Islands which, although indisputably belonging to the Philippines, apparently lay
outside the lines drawn by the Treaty of Paris.

It also includes what was referred to under the 1973 Constitution as territories "belonging to the
Philippines by historic right or legal title," that is, other territories which) depending on available
evidence, might belong to the Philippines {e.g., Sabah, the Marianas, Freedomland).

4. What is the special claim made by the Philippines with respect to the "waters around, between and
connecting the islands of the archipelago?"
The Philippines claims them as part of its "internal waters" irrespective of their breadth and
dimension. This is one of the elements of the archipelagic principle which is now recognized by the
1982 Convention on the Law of the Sea.

5. What is the other element of the archipelagic principle?

The other element is the straight baseline method of delineating the territorial sea. This consists of
drawing straight lines connecting appropriate points on the coast without departing to any
appreciable extent from the general direction of the coast. These baselines divide the internal
waters from the territorial waters of an archipelago.

6. What are baselines?

Baselines are lines drawn along the low water mark of an island or group of islands which mark the
end of the internal waters and the beginning of the territorial sea. Each country must draw its own
baselines according to the provisions of the Law of the Sea.
III TENURE VS TERM

1. Differentiate tenure from term.

Tenure is the period of time the official actually hold position while term is the fixed period of
time allowed by law to hold position.

IV AMENDMENTS VS REVISIONS

1. Differentiate amendments from revisions.

Revision implies a change that alters a basic principle in the constitution while amendment
refers to a change that adds, reduces or deletes without altering the basic principle involved.
Revision affects several provisions of the constitution while amendment affects only the specific
provision being amended.

VI POLITICAL VS JUSTICIABLE QUESTIONS

1. Differentiate political questions from justiciable question.

Political question is a question of policy. It refers to those questions which under the
Constitution, are to be decided by the people in their sovereign authority or full authority has
been delegated to the legislative or executive branch of the government. While justiciable
question is a question of legality or validity of the contested act or the matter is definitely
justiciable or non-political.

VII NATIVE VS NATURAL CITIZEN

1. Differentiate native citizen from natural citizen.

Native citizens are those born where he or she is a citizen while natural citizens are citizens from
birth without having to perform any act to acquire or perfect their citizenship and those born
before the 1973 Constitution of Filipino mothers the elect Philippine citizenship upon reaching
the age of majority.

VIII DISQUALIFICATIONS TO VOTE

1. What are the prescribed disqualifications to vote?

The following persons shall not be qualified to vote:

Any person who has been sentenced by final judgement to suffer one year or more of
imprisonment provided that the person disqualified to vote shall automatically reacquire the
right to vote upon expiration of five years after service of sentence, any person who has
received final judgement by a competent court of having violated his allegiance to the republic
of the Philippines and those insane or feeble-minded persons.
IX RESIDENCE VS DOMICILE

1. Differentiate residence from domicile.

The term residence in election law is synonymous to domicile. Residence is the place where one
habitually resides while domicile is the place where when a person is absent he has the
intention of returning. Residence is acquired by living in a place whereas domicile can exist
without actually living in a place.

X INCOMPATIBLE VS FORBIDDEN OFFICE

1. Differentiate incompatible office from forbidden office.

Incompatible office means that a member of Congress cannot accept any other
office/employment in government during his term unless he waives or forfeits his/her seat in
congress except if he holds the other government office in an ex-officio capacity while forbidden
office means that a member of Congress cannot be appointed to any office which may have
been created or the emoluments therefore increased during the term for which he was elected.

XI ELECTORAL TRIBUNAL : CASE TO FILE A NEWLY ELECTED SENATOR WHO WAS WELCOMED BUT HAS
NOT TAKEN AN OATH OF OFFICE?

1.