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MIDTERM EXAM Consti 1 Sy 09-10 Sem1

MIDTERM EXAM Consti 1 Sy 09-10 Sem1

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07/24/2013

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CONSTITUTIONAL LAW I,SAT 9-12 AM CLASS
MIDTERM EXAMINATION
QUALIFYING QUESTIONS.
WARNING: A wrong answer to any of the qualifying questions below willautomatically mean a grade of 65 percent in the examination.1.Who are citizens of the Philippines under the 1987Constitution?
2.
Give the definition of judicial power under the 1987Constitution?
NON-QUALIFYING QUESTIONS.
PART 1. Define the following terms/concepts:
1.
Archipelagic doctrine2.Power of control3.Power of judicial reviewPART 2. Distinguish the following:1.Question hour vs. Congressional inquiry2.Pardon v. Amnesty
3.
 The President’s emergency power v. The President’spower to declare martial law4.Forbidden office v. Incompatible officePART 3. Enumerate the following:
1.
 The complete categories of officers whom the President shallappoint. From these, whose appointments need confirmation bythe Commission of the Appointments?
2.
 The limitations on the power of the president to declare martiallaw or suspend the privilege of the writ of habeas corpus.
 
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At least six (6) safeguards embodied in the Constitution toensure the independence of the judiciary.
4.
At least five (5) constitutional powers of the Supreme Court andbriefly discuss each.5.At least three (3) ways by which Congress can “check” theexercise of power by the Supreme Court. Briefly explain each.6.At least two (2) ways by which the President can “check” theexercise of power by Congress. Briefly explain.7.At least two (2) ways by which the President can “check” theexercise of power by the Supreme Court. Briefly explain.8.At least three (3) ways by which a bill passed by Congressbecomes a law.9. The three (3) limitations to the powers of the Senate, House of Representatives or any of its committees to conduct legislativeinquiries.10. The powers each House over its Members.PART 4 TRUE OR FALSE. Answer TRUE if the statement is true or FALSE if thestatement is completely or partly FALSE. Provide the legal basis foryour answer. If no legal basis is provided, no credit will be given.1.The Supreme Court, being the highest court of the land, has thepower to establish lower courts.
2.
 The President as Commander-in-Chief of the armed forces hasthe power to allocate government funds to raise an army.
3.
 The Supreme Court may review the wisdom and soundness of the President’s declaration of martial law.
4.
 The President may declare martial law when there is a rebellionor invasion.
5.
 Jose was born in the Philippines in 1984. His father is a Filipinocitizen and his mother a Canadian citizen. Under the 1987
 
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Constitution, he is a Filipino citizen because his father is aFilipino citizen.
6.
Under the 1987 Constitution, Filipino domestic helpers in HongKong are not qualified to vote in national elections in thePhilippines because they are not residents of the Philippines.7.The Senate has the power to investigate the alleged anomalies inthe government for the purpose of gathering evidence toprosecute violators of law.
8.
Pursuant to its judicial power, the Supreme Court may give legalopinions on problems that the President may refer to it foradvice.
9.
Mr. Chua was born in China but has lived in the Philippines forthe last twenty years. He eventually acquired Philippinecitizenship by naturalization. As a naturalized Filipino citizen,however, he is not qualified to vote in Philippine elections but heis qualified to be a candidate in the presidential elections.10.The Senate has the power to make, alter, repeal, and modifylaws.11.The President has the power of control over local governments.
12.
 The President can use the money appropriated for official foreigntravels of the President to pay for urgent emergencyrequirements of the Armed Forces of the Philippines inconnection with the latter’s recent military campaign againstterrorists in Jolo.13.The Commission on Appointments has the power to recommendappointees to the executive branch.
14.
All the President’s appointees to the Supreme Court must beconfirmed by the Judicial and Bar Council.
15.
 The Commission on Elections shall be the sole judge of allcontests relating to the election, returns and qualifications of thePresident and Vice-President and Members of Congress.
16.
Under the 1987 Constitution, Congress may by law delegatesome of its taxing powers to the Bureau of Internal Revenues.

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