1. What is the constitutional basis? Why? Why is the study of constitution necessary?

2. Define state. Enumerate and explain the three inherent power of the state. Why does it called
inherent powers of the state?
A state is a community of persons, more or less numerous, permanently occupying a definite
portion of territory, having a government of their own to which the great of inhabitants render
obedience, and enjoying freedom from external control.
State -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.
Power of Eminent Domain - Eminent domain is the right or power of a sovereign state to
appropriate private property to particular uses to promote public welfare. It is an indispensable
attribute of sovereignty; a power grounded in the primary duty of government to serve the
common need and advance the general welfare.
Police Power is the power of the government to regulate behaviors and enforce order within its
territory, often framed in terms of public welfare, security, health, and safety. The exercise of
police power can be in the form of making laws, compelling obedience to those laws through
physical means with the aim of removing liberty, legal sanctions, or other forms of coercion and
inducements.
Power of Taxation the power to impose and collect taxes and charges on individuals, goods,
services, and other to support the operation of the government.
Funds provided by taxation have been used by states and their functional equivalents throughout history
to carry out many functions. Some of these include expenditures on war, the enforcement of law and
public order, protection of property, economic infrastructure (roads, legal tender, enforcement of
contracts, etc.), public works, social engineering, and the operation of government itself. Governments
also use taxes to fund welfare and public services. These services can include education systems, health
care systems, pensions for the elderly, unemployment benefits, and public transportation. Energy, water
and waste management systems are also common public utilities.
3. Enumerate and explain the different element of state.
According to the Montevideo Convention (1933), a state must comprise of 4essential elements:
1)Territory - A state cannot exist without territory. Territory refers to land, surrounding water upto 3
nautical miles, as well as the air above the land and water. Nomadic settlements did not possess
any permanent territory. Hence, they cannot be called a state.
2)Population - A state fundamentally comprises of a permanent population over which it exercises its
unlimited authority. The nature of the state depends upon the quality and quantity of its population. No
ideal size of population can be stated. Aristotle stated "A population must be large enough to be self-
sufficient, but small enough to be well-governed." A good population makes a good state; a bad one, a
bad state.
3)Government - It is a body of a few people who administer the population and are meant to express the
will of the state. The government has limited power, as opposed to the state's unlimited authority. The
government is subject to change and is bound to obey will of the people as well as state. To equate the
Government with State is a dangerous, yet common mistake.
4)Sovereignity - It is the soul of a state. It implies that the state is independent from external interference,
as well as can maintain integrity within itself. India could not be referred to as a state prior to 1947, as it
did not have an independent government.
4. Enumerate and explain the different theories on how state existed.
HANDOUT
5. Differentiate state from a nation.
HANDOUT
6. Define constitution.
A Constitution is the fundamental organic law of a State which contains the principles on which
the government is founded and regulates the division and exercise of sovereign powers.
A body of rules and maxims in accordance with which the powers of sovereignty are habitually
exercised.
A constitution is the body of those written or unwritten fundamental laws which regulate the most
important rights of the higher magistrates and the most important essential privileges of the
subjects.
7. Trace the history of the present constitution and how it was developed.
The constitution is the most important part in organizing a state. It contains not only the national
territory, but more importantly, it states the set of rules and principles which serve as the fundamental law
of the land.
Among the guidelines which are set by the constitution are the matters of: form and duties of the
government; the distribution of powers of the branches of the government; and the basic rights of the
citizens of the state.
The Philippine Constitution has been rewritten seven times starting from the Biak-na-Bato
Constitution to the 1987 Constitution. The political evolution and every significant event in the Philippine
history resulted a change in the constitution.
The first Philippine constitution is the Biyak-na-Bato Constitution that was enacted in 1897. It
outlined the revolutionary objectives of independence from Spain.
Two years later, the president decreed the creation of the Malolos Constitution. A new central
government was set up with executive, legislative and judiciary branches. It governed the First Philippine
Republic proclaimed in the Barasoain Church in the same year.
Due to the turbulent times of the early governments, the first two constitution were not fully
enforced. What is considered the first Philippine Constitution to be fully enforced was drafted by the virtue
of the Tydings-McDuffie Law in 1934 during the Commonwealth Period. It was enforced from 1935 -
1943.
During World War II, a short lived constitution (The 1943 Constitution) was sponsored by the
Japanese invaders within their own program of Japanization.
When the political independence was granted by the United States in 1946, the constitution was revised
and was enforced from 1946 to 1973.
Eventually considered inadequate against the changing needs of Filipinos, the 1935 Constitution
was replaced with a new one ratified in 1973. The 1973 Constitution was approved for ratification two
months after the imposition of the martial law on November 29, 1972.
When Ferdinand E. Marcos was ousted in 1986, the new government led by Corazon C. Aquino
promulgated what is now know as the Freedom Constitution. This 1987 Constitution restored the
presidential form of government.
To date, the 1987 Constitution still stands, although some sectors have started to lobby for
change in certain provisions as well as the change of the whole constitution.

8. Enumerate and explain the different classification/ kinds of constitution.
A constitution may be classified into 2 according to Sir Henry Maine
HISTORICAL AND REVOLUTIONARY
Those constitutions which develop gradually according to the experiences, customs and traditions
of the people.
A PRIORI
Those constitutions which are founded on speculative assumptions remote from the experiences
of the people.
HANDOUT
9. Enumerate and explain the three parts of the constitution.
1. Preamble
Describes the purpose of the document and government
2. Articles
Establish how the government is structured and how the Constitution can be changed. There are
seven articles.
3. Amendments
Changes to the Constitution; the first ten are called the Bill of Rights.

10. Enumerate and explain the three requisites of a good written constitution.
11. Explain the hierarchy of laws/ the principle of constitutionalism.
12. Explain archipelagic doctrine.
13. Explain the meaning of preamble.
14. Enumerate the different territories of the Philippines.
15. Enumerate and explain the two methods in determining the national territorial waters of a
particular country.
16. Explain the importance or the significance of the different 28 state principles and policies
mentioned under Article 2 of the new constitution.
17-18. Explain the meaning of Bill of rights and explain the 22 enumerated rights/duties mentioned
under Article 3, specifically on the ff rights:
19. Due process of Law
20. Equal protection of the law
21. Enumerate and explain the 2 kinds of due process of law.
22. Enumerate and explain the 4 categories/aspects of due process of law.
23. Differentiate search warrant from warrant of arrest.