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LET Reviewer

LET Reviewer for General Education
LET Reviewer for General Education
PHILIPPINE GOVERNMENT and CONSTITUTION

Elements of State
1. People
2. Territory
3. Government
4. Sovereignty
     1. internal
     2. external

Origin of States
1. Devine Right Theory
2. Necessity or Force Theory
3. Paternalistic Theory
4. Social Contract Theory

State distinguished from nation
-State is a political concept while nation is an ethnic concept.
-State is not subject to external control while nation may or may not be.
-A single state may consist of one or more nations or people and conversely, a single nation may be made up of several states.

Purpose and Necessity of Government
1. Advancement of the public welfare
2. Consequence of absence

Forms of Government
As to number of persons exercising sovereign powers:
1. Monarchy
     1. absolute
     2. limited
2. Aristocracy
3. Democracy
     1. direct or pure democracy
     2. indirect, representative, or republican

As to extent of powers exercise by the central or national government:
1. Unitary government
2. Federal Government

As to relationship between the executive and the legislative branches of the government:
1. Parliamentary government
2. Presidential government


THE GOVERNMENT OF THE PHILIPPINES IN TRANSITION

The pre-Spanish government
1. Unit of government
2. Datu
3. Social classes in the government
     1. nobility
     2. freemen
     3. serfs
     4. slaves
4. Early Laws
     1. Maragtas Code
     2. Kalantiaw Code

Government during the Spanish period
1. Spain’s title to the Philippines
2. Spanish Colonial government
3. Government in the Philippines unitary
4. The Governor-General
5. The Judiciary

Government during the Revolutionary era
1. The Katipunan  government
2. The Biak-na-bato republic
3. The Dictatorial Government
4. The Revolutionary Government
5. The First Philippine Republic

Governments during the American regime
1. The Military Government
2.  The Civil Government
3. The Commonwealth Government of the Philippines

Government during the Japanese occupation
1. The Japanese Military Administration
2. The Philippine Executive Commissions
3. The Japanese-sponsored Republic of the Philippines

The Provisional Government of 1986
1. Revolutionary
2. De jure./ de facto – the first is one constituted or founded in accordance with the existing constituted not in accordance with the procedure provided in an existing constitution of the sate, while the other is not so constituted or founded but has the general support of the people and effective control  of the territory over which it exercises its powers.
3. Constitutional and transitory
4. Democratic
5. Powers
6. The Provisional Constitution


CONCEPT OF CONSTITUTION

Nature and purpose or function of constitution
1. Serves as the supreme or fundamental law
2. Establishes basic framework and underlying principles of government

Kinds of Constitution
1. As to their origin and history
     1. Conventional or enacted
     2. Cumulative or evolved
     3. Written
     4. Unwritten
     5. Rigid or inelastic
     6. Flexible or elastic
2. As to their form
3. As to manner of amending them:

Requisites of a good written constitution
1. As to form, a good written constitution should be:
     1. Brief
     2. Broad
     3. Definite
2. As to contents, it should contain at least three sets of provisions:
     1. That dealing with the framework of government and its powers, and defining the electorate. This group of provisions has been called the constitution of government.
     2. That setting forth the fundamental rights of the people and imposing certain limitations on the powers of the government as a means of securing the enjoyment of these rights. This group has been referred as to the constitution of liberty.
3. That pointing out the mode or procedure for amending or revising the constitution. This group has been called the constitution of sovereignty


CONSTITUTIONS OF THE REPUBLIC OF THE PHILIPPINES
The 1935 Constitution
The 1973 Constitution

Parts of the 1987 Constitution
Preamble
Article 1 – National Territory
Article II – Declaration of Principles and State Policies
Article III – Bill of Rights
Article IV – Citizenship
Article V – Suffrage
Article VI – Legislative Department
Article VII – Executive Department
Article VIII – Judicial Department
Article IX – Constitutional Commission
Article X – Local Government
Article XI – Accountability of Public Officers
Article XII – National Economy and Patrimony
Article XIII – Social Justice and Human Rights
Article XIV – Education, Science and Technology, Arts, Culture and Sports
Article XV – The Family
Article XVI – General Provisions
Article XVII – Amendments or Revisions
Article XVIII – Transitory Provisions


AGRARIAN REFORM IN THE PHILIPPINES
A. The agrarian problem
     1. The Philippines agrarian problem
     2. Right to own property, universal but limited
     3. A historico-political survey of the agrarian problem and agrarian legislation
B. Imperative of Agrarian Reform
     1. Necessity of agrarian reform in the Philippines
     2. Objections to agrarian reforms
     3. Components of agrarian reform
     4. Arguments for the  “land to the tiller” program
     5. Companion measures to land distribution
     6. Role of the farmer in agrarian reform
     7. Role of the landlord in agrarian reform
C. Constitutional Provisions Relevant to Agrarian Reform
     1. Promotion of just and dynamic order
     2. Expropriation of private property
     3. Promotion of social justice
D. Bill of Rights for Agricultural Labor
     1. Exercise of right to self-organization

CARP
1. Coverage
2. Improvement of Tenurial and Labor Relation
     1. Agricultural Leasehold and lease rental determination
     2. Production sharing plan
3. Land Acquisition and Redistribution
     1. Compulsory acquisition of private lands
     2. Qualified beneficiaries
     3. Compensation
     4. Corporate farms
     5. Support Services


GENERAL PRINCIPLES OF TAXATION

Concepts, Nature, and Characteristics of Taxation and Taxes
1. Purpose and importance of taxation
2. Essential characteristics of tax
3. Theory and basis of taxation
4. Nature of power of taxation

National Taxes
1. Income Tax
2. Estate Tax
3. Donor’s Tax
4. Value Added Tax
5. Percentage Taxes
6. Excise Tax
7. Documentary Stamp Tax
8. Custom Duties
9. Travel Tax
10. Energy Tax
11. Private Motor Vehicle Tax



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