AUSTRIA, ALVIN A.

QUIZ – 21 Sept. 2019

UDM College of Law
First Year, Constitutional Law I
First Semester, SY 2019
ProfLAtty. E.B. BELLEN

1. Explain the meaning of the following: (a) par in parem non habet
imperium; (b) Constitutional Law; (c) State; (d) archipelago doctrine;
(e) parens patriae. (15 points)

Answers :

A. Par in parem non habet imperium

It is a general principle of international law and recognition among
nations of its independent sovereignty, forming the basis of autonomy of
each state free of other sovereign nation's jurisdiction. This principle
unites different sovereign states not to exercise jurisdiction over another
sovereign state.

B. CONSTITUTIONAL LAW
Is the supreme law that gives the back bone of a state, with its defines
the social order and the aggregate of all legal basis that determine how a
state is establish and how its inhabitant is governed.

C. STATE
It is a organization of society who institute a government, which
establish order and security to its inhabitants and jurisdiction; Its laws
and their enforcement is within its territory which is the area of
jurisdiction; where it establish its internal and external sovereignty.

D. ARCHIPELAGO DOCTRINE.
The Philippines being an archipelago shall be regarded as a single unit,
making the waters around, between, and connecting the islands of the
archipelago which is part of the internal waters of the state, are subject
to its sovereignty.

E. Parens patria
It refers to the public policy power of the State to intervene against an
abusive or negligent parent, legal guardian, or informal caretaker, and to
act as the parent of any child or individual who is in need of protection.
2. State and explain the three essential parts of a written constitution,
particularly with reference to the Philippine Constitution. (10 points)

Answers :
They're the
CONSTITUTION OF GOVERMENT,
CONSTITUTION OF SOVEREIGNITY and
CONSTITUTION OF LIBERTY

The constitution of government is the organization of the government

enumerating its power to certain rule provided in the Constitution.

The constitution of sovereignty defines the the full right and power of a
governing body over itself, without any interference from outside sources
or bodies and the practice to govern its inhabitants.

The constitution of liberty sets forth the fundamental civil and political
rights of the people.

3. Which of the following does not belong to the group, and why? (5
points)

a. Verba legis
b. Ut magis valeat quam pereat
c. Potestas delegata non delegari potest
d. Ratio legis et anima

Answer:
"Potestas delegata non delegari potest" does not belong because it
concerns to the deligation of powers while the other three are the well
setteled principles of a Constitutional construction.

4. State whether you agree or not to each of the following statements.

Preface your answer with either “I agree” or “I don’t agree”, and Discuss
your reason/s. (3 points each)

a. A person who believes that firing a gun is against his conscience

may send someone in his behalf, when the government requires that all
able-bodied Filipino citizens render military service.
Answer:
I don't agree, its is mentioned in Article 2 Section 4 that "the Government
may call upon the people to defend the State and, in the fulfillment
thereof, all citizens may be required, under conditions provided by law,
to render personal military or civil service" this being said those that has
consequential belief regarding bearing arms may also provide civil
service when needed, bearing a gun is not the only definition or action
that can be made in order to provide service and comply to the
Constitution

b. The Preamble of the 1987 Constitution serves no purpose at all and

in the interpretation of the Constitution it has no use.
Answer:
I don't agree, it has a very significant part because it is the reminder to
all citizens the unity and integrity of the nation that is sought to be
secured.

c. In the Philippines, the constituent functions of government are

more important and given more attention than its ministrant functions.
Answer:
I don't agree, constituent functions were compulsory because it establish
the stability of social contract, while the other is optional but because of
the modern complexity for justice and progression they're both important
in their own way, both functions are essential to form a greater society.
Ministrant is essential for the progress of social interest, thereby both play
an integral part.

d. Separation of powers simply means that the judiciary may apply the
law but may not enact it; the Congress or legislative branch may enact the
law and enforce it but may not apply the same; and that the Executive
branch may implememt and interpret the laws.
Answer:
I dont agree, seperation of powers is meant to prevent the abuse of
power, the legislative branch is the only branch that can create laws or
change existing laws, the executive is the exercising authority in holding
responsibility for the governance of a state, it also executes and enforces
law and the judiciary interprets and apply the laws to specific cases,
e. The Constitution makes it clear that in the Philippines it is only in
Congress where legislative power is vested.

Answer:
I dont agree , as stated in article 6 section 1. The legislative power is also
given to the people thru provision of initiative and referendum.

f. Congress may not exercise powers considered non-legislative.

Answer:
I don't agree, the congress can also function other non legislative powers
such as power to investigate, canvass presidential election and have an
electoral tribunal to name a few.

g. A City already comprising one legislative district is no longer or is

not yet entitled to another or second legislative district even if its
population has already reached 489,000 six years after its creation as a city.

Answer:
I dont agree, its is not necessary to reach a specific population to quilfy
for additional legislative district. Taking reference Article 6 Section 5 of
the Constitution.

h. Party list Kita Tayo is entitled to two seats or representatives to the

House of Representatives because it earned 1,313,045 votes of the
20,000,000 votes cast under the Party list system in the most recent
congressional elections participated in by 53 Million registered voters.

Answer:
I don't agree, party-list system are entitled to 1 seat for each 2 percent of
votes they had. They're entitled 3 seats because they receive the specific
number of votes.

i. The appointment of former Senator Gregorio as Secretary of the

Department of Housing is unconstitutional since he was the author of the
bill which became the law which created the said department.
Answer:
I agree, no senetor may hold office or appointment to an office which was
created during the term of which the mention is elected. Taking reference
the Article 6 section 13 of the Constitution.
j. A lawyer-Senator who, in a speech delivered during a session of the
Senate, called all Supreme Court Justices as idiots and the Chief Justice as
clown, may be disbarred or removed as a lawyer.

Answer: I don’t agree. Under the Rule 8.01 - A lawyer shall not, in his
professional dealings, use language which is abusive, offensive or
otherwise improper.

5. Distinguish: (a) suability and liability of states; (b) nation and state;
(c) government and administration; (d) de jure and de facto governments;
and (e) legal and political sovereignty. (10 points)

Answer:
(a) suability and liability of states: Suability depends on the consent of the
state to be sued, liability on the applicable law and the established facts.
The circumstance that a state is suable does not necessarily mean that it is
liable; on the other hand, it can never be held liable if it does not first
consent to be sued. Liability is not conceded by the mere fact that the state
has allowed itself to be sued. When the state does waive its sovereign
immunity, it is only giving the plaintiff the chance to prove, if it can, that
the defendant is liable. (UP vs Dizon)

(b) nation and state: The State is a legal concept whereas nation is only a
racial or ethnic concept.

(c) government and administration: Administration is the group of

persons under whose hands are the reins of the government for the time
being. Government on the other hand is the agency or instrumentality
through which the will of the State is formulated, expressed and realized.
Thus, administration is temporary while government is permanent.

(d) de jure and de facto governments: De jure (by right) government has
rightful title but no power or control while de facto (by fact) government
exercises power and control but no legal title.

and (e) legal and political sovereignty: Legal sovereignity is the authority
which has the power to issue final commands while political sovereignty
is the power behind legal sovereign, or the total of the influences that
operate upon it.
6. Multiple choice question: Which of the following is not an element
of the state: (5 points) (Explain why the choice was preferred) Note: it’s possible that
there can be more than one correct answer.

a. territory
b. government
c. people
d. sovereignty
e. independence
f. degree of civilization - this will vary and is the description from
the outcome of a state. And in order to have an outcome a full
functioning state with the presence of its element is required. This is
more like the result of the goverment action.

7. What is a self-executing provision of the Constitution? State and

explain at least two rules in the interpretation or construction of a
constitutional provision. (10 pts.)
Answer :
A constitutional provision is self-executing when it can be given effect
without the aid of legislation, and there is no legislation required to make
it operate.

8. A and C, brothers of B, the presiding bishop in the Church of

Faithful Adherents issued a press statement which alleged that they were
abducted by armed church leaders and brought to a forested area and tied
on a tree for three days until they were rescued by a Forester. They alleged
that they were kidnapped because they expressed displeasure over how
their leaders had prevented them access to the church’s financial records.
A day after the press statement was read over several radio and television
stations, the governing council of the church declared that the bishop’s
brothers were excommunicated from the church.

The concerned siblings went to court and filed a case for kidnapping
against their brother and the church leaders responsible for the abduction
and for civil damages for unduly excommunicating them from the
Church. B moved for the dismissal of the case, invoking the principle of
separation of church and state, and freedom of religion, and arguing that
the Court has no jurisdiction over the criminal and the civil cases
considering that said cases involved matters purely internal to their
church. If you were the Judge how would you rule on the motion to
dismiss? Explain with reasons. (10)

Answers:
I would dismiss the case by taking reference of The bill of rights, internal
sovereignty and even of they are member of any sect or religion they're
still bound to obey the law of the state, the seperation of church and state
only solidify that No law shall be made that will affect religion or
prohibiting the free exercise such, but it doesnt include that members of
any religion are exempted to obey and violate the rights of any individual.

9. In connection with the suspension from office of Members of

Congress, explain the difference between the suspension contemplated in
the Constitution from the suspension prescribed in Republic Act 3019 or
the Anti Graft and Corrupt Practices Act. (5)

Answer:
Article 6 section 16 para 3 provided that a member of the each houses can
excersice punishment to its members with suspension that shall not
exceed sixty (60) days, that can be given on top the the other punishment
provided by RA 3019

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