TAN, DIAZY RACHELE D.

QUIZ – September 21, 2019

UDM COLLEGE OF LAW
FIRST YEAR, CONSTITUTIONAL LAW 1
FIRST SEMESTER, SY: 2019
Professor: ATTY. E.B. BELLEN

1. Explain the meaning of the following:

a.) PAR IN PAREM NON HABET IMPERUIM

 In public international law, the principle that one sovereign power cannot
exercise jurisdiction over another sovereign power. It is the basis of the act
of state doctrine and sovereign immunity.
b.) CONSTITUTIONAL LAW
 It is the study of the structures and powers of the government of the republic
of the Philippines. It also deals with certain basic concept of political law,
such as the nature of the state, the supremacy of the constitution, the
separation of powers, and the rule of the majority.
c.) STATE
 State is a community of persons, more or less numerous, permanently
occupying a fixed territory, and political possessed of an independent
government organized for political ends to which the great body inhabitants
render habitual obedience.
d.) ARCHIPELAGO DOCTRINE
 The Archipelagic Doctrine is a specification in the Filipino Constitution of
1973 defining the boundaries of the country. It stated: "The national
territory comprises the Philippine archipelago with all the islands and
waters embraced therein and all the other territories belonging to the
Philippines
e.) PARENS PATRIAE
 The power of the state to act as guardian for those who are unable to care for
themselves, such as children or disabled individuals. For example, under this
doctrine a judge may change custody, child support, or other rulings
affecting a child's well-being, regardless of what the parents may have
agreed to.

2. State and explain the three essential parts of a written constitution, particulary with
reference to the Philippine Constitution.
 Essential Parts of a Written Constitution
 Constitution of Liberty. Sets forth the fundamental civil and political rights
of the citizen.
 Constitution of government. Outlines the organization of the government
enumerating its power to certain rule.
 Constitution of sovereignty. Contains the provisions on how to amend and
to revise our constitution.

3. Which of the following does not belong to the group, and why?

a.) VERBA LEGIS

b.) UT MAGIS VALEAT QUAM PEREAT
c.) POTESTAS DELEGATE NON DELEGARI POTEST
d.) RATIO LEGIS ET ANIMA

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

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 citizen render military service.
 No, I do not agree. A mere firing of a gun as a military officer cannot be
delegated to anyone on his behalf because it is not just about firing gun but
also a responsibility as the protector of our country.

b.) The preamble of the 1987 Constitution serves no purpose at all and in the
interpretation of the constitution it has no use.
 No, I do not agree. The preamble is important because it will tell you why a
particular clause on the Philippine Constitution is there. The preamble is like
a Constitution's “abstract.” It tells you the goals, aspirations, and what to
expect on a nation's set of laws.

c.) In the Philippines, the constituent functions of the government are more
important and given more attention than its ministrant functions.
 No, I do not agree. Constituents function and the government and ministrant
function are both important in the Philippines. When we talk about the
governments function it must be systematically organized as we all need it
while ministrant function is also for us to be guided as we honor the divine
law.
d.) Separation of power 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 the Executive branch may implement and
interpret the laws.

 Yes I agree.

e.) The Constitution makes it clear that in the Philippines it is only in congress
where legislative power vested.

 Yes, I agree

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

 No, I do not agree. Non-legislative functions are powers and responsibilities

not related to passing laws .Include impeachment power, confirmation
power, investigative power.

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.

 Yes, I agree

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.
 No, I do not agree. It must be 2/3 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.
 No, I do not agree.
 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.
 Yes. I agree. It is a ground for disbarment under the violation of the lawyer’s
Oath because he insulted chief justice and the justices.

5. Distinguish:
(a) suability and liability of states;
 The difference between suability and liability. Where the suability of
the state is conceded and by which liability is ascertained judicially,
the state is at liberty to determine for itself whether to satisfy the judgment
or not.
(b) nation and state;
 a "nation" refers to a group of people who feel bound into a single body by
shared culture, values, folkways, religion and/or language. A "state" just
refers to a patch of land with a sovereign government. States often coincide
with nations (and are called "nation-states,"
(c) government and administration;

 The difference between administration and government is

that administration is (uncountable) the act of administering, or tendering
something to another; dispensation while government is (uncountable) the
management or control of a system.
(d) de jure and de facto governments; and
 A de jure government is the legal, legitimate government of a state and is so
recognized by other states. In contrast, a de facto government is in actual
possession of authority and control of the state.In a legal context, de jure is
also translated as "concerning law".
(e) legal and political sovereignty.
 Political sovereignty is defined in terms of unlimited political power,
while legal sovereignty is defined in terms of absolute legal authority. Legal
sovereignty is to do with supreme power over decision making on
certain political issues, whereas legal sovereignty is to do with supreme
power with legal issues.
6. Multiple choice questions: 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
These terms are not elements of the state as it is not enumerated in the
Constitution:
e. independence
f. degree of civilization

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.)

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)

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)