QUIZ – 21 Sept.

2019
UDM College of Law
First Year, Constitutional Law I
First Semester, SY 2019
Prof Atty. E.B. BELLEN
Submitted by: Ethenne Shayne T Sandoval JD-19-031 Block 1

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)

a. par in parem non habet imperium- “Equals have no Jurisdiction over each
other”, meaning a state, no matter how sovereign, has no authority or power or
cannot exercise it jurisdiction over another state with the same sovereignty. It
is a general principle of the international law.
b. (b) Constitutional Law – The Constitution Law is the basic and paramount law
to which all laws must conform and to which all persons, including the highest
officials of the land, must defer. No acts shall be valid, however noble its
intentions, if it conflicts with the Constitution
c. (c) State – State is 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 mutual habitual obedience.
d. (d) archipelago doctrine – Refers to the doctrine which states that, archipelagic
state composed of groups of islands forming a state is a single unit, with the
islands and the waters within its baselines as internal waters. This doctrine was
clearly stressed in the provisions of Art 1 of the 1987 Phil. Constitution as it
includes the terrestrial, fluvial, and aerial domain. It speaks also of the waters
around, between and connecting the islands of the Philippine archipelago.
e. (e) parens patriae- This doctrine speaks of the principle of the state as
guardians of its every citizen. It shall be noted that, in case where an absence
of the immediate relative of a deceased person, the state shall act as parens
patriae in behalf of the deceased person.

2. State and explain the three essential parts of a written constitution, particularly with
reference to the Philippine Constitution. (10 points)
a. Constitution of liberty – The Philippine Constitution recognizes the liberty of
every individual within the wings of its jurisdiction. All occupants of the
Philippines have the right to exercise liberty anywhere within its jurisdiction as
long as the one exercising his right of liberty is not prejudicial to the right of
another bound with the same right as duly cited under the provisions of Art. 3
of the 1987 Phil. Consti.
b. Constitution of Government – The Philippine Constitution shall establish one
Government wherein it has authority to govern the land with paramount
consideration for individuals residing or sojourn within the limits of its
jurisdiction as duly provided under Art. 10 of the 1987 Phil Constitution.
 c. Constitution of Sovereignty – The Philippine Constitution shall have
sovereignty anywhere within the bounds of its jurisdiction including authority
over all law created purposes of maintaining its internal and external relations
with other states, and to the maintenance of peace and order and the
preservation of its authority as clearly stated under Art 1 of the 1987 Phil
Constitution states that, The National territory comprises the Philippine
archipelago, with all the islands and waters embraces therein, and all other
territories over which the Philippines has sovereignty and jurisdiction,
consisting of its terrestrial, fluvial, and aerial domains, including its territorial
sea, the seabed, the subsoil, the insular shelves, and other submarine areas.
The waters around, between, and connecting the islands of the archipelago,
regardless of their breadth and dimensions, form part of the internal waters of
the Philippines.
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
- Verba legis speaks of the principle of the Constitution that pertains to the words
used to it shall be applied according to its simplest meaning. However, this
principle doesn’t apply when technical terms are being used.
- Ut magis valeat guam pereat – this maxim speaks of the principle of the
Constitution which states that, the full context of the constitution shall be applicaple
as a whole. None of its provisions shall be applied solely, or can only be applicable
to an individual and exclude another.
- Potestas delegata non delegari potest – no delegated powers can be further
delegated.
- Ratio legis et anima - when there is ambiguity, the words of the Constitution should
be interpreted in accordance with the intent of its framer.
The answer in question number 3 is C, potestas delegats non delegari potest because
it speaks to a person covered within the provision of the constitution. While, the other
maxim above-mentioned speaks to the constitution itself.

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. –

I DON NOT AGREE. Because the constitution is clear as duly provided under art
2 sec 4 of the 1987 Phil. Constitution that, “The prime duty of the Government is
to serve and protect its people to defend the state, and in the fulfillment thereof,
 all citizens may be required, under the conditions provided by law, to render
personal, military and civil service.

b. The Preamble of the 1987 Constitution serves no purpose at all and in the
interpretation of the Constitution it has no use. – I DO NOT AGREE. The preamble
is a provision of the Constitution which speaks with the oath and allegiance of the
framers of the constitution in behalf of every individual covered by the sovereign
power of the Supreme Law of the land.

c. In the Philippines, the constituent functions of government are more important and
given more attention than its ministrant functions. -I DO NOT AGREE Because
both function of the government shall be exercise vis-à-vis in order to maintain the
balance relationship of the state with its people as provided for under Art 2 sec 5
of the Phil. Constitution.

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 implement and
interpret the laws. – I DO NOT AGREE. The separation of power simply speaks
with the individual function of the three different branches of the government which
means that, the power of the other cannot be exercise by the other in order to
prevent confusions of its function and as well as the prevention of conflict between
them. Thus, the individual function for each of the three different branch of the
government can only be performed according to the authority given to them by the
constitution as duly provided under Articles 6,7, and 8 which defines individual
functions of the three branches of the government.

e. The Constitution makes it clear that in the Philippines it is only in Congress where
legislative power is vested.- I DO NOT AGREE. The law is clear as it is cited under
art 6 of the Philippine Constitution which states that the legislative power of the
government shall be vested in the Congress of the Philippines which shall be
consist of the Senate and the House of Representatives.

f. Congress may not exercise powers considered non-legislative. I DO NOT AGREE.

Because of the vested power of the Constitution before the legislature are powers
which is considered as non-legislative powers such as the power of impeachment,
confirmation power and power to investigate. All of the aforementioned powers are
non-legislative power of the congress in aid of legislation.

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.- I AGREE. Because under Art 6 Sec.
5(3) states that “Each legislative district shall comprise, as far as applicable,
contiguous, compact and adjacent territory. Each city with a population of at least
250,000, or each province shall have one representative.” Meaning, that for a city
to be considered to acquire another legislative district, it must be at least consist
 of 250,000 population, in the above-mentioned question, it is lacking of more or
less 11,000 population.

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. -I DO NOT AGREE. Because under the law,
party-list are only allowed to have one representative regardless of the 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. -I DO NOT AGREE. However, it is
unconstitutional because a senator cannot be appointed as a secretary of any
government agency in order to avoid conflict of interest.

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.- I DO NOT AGREE. In the case of Pobre vs
Defensor-Santiagot “ a lawyer-senator cannot be disbarred due to his/her
language/remarks directed to the supreme court regardless of its nature. However,
lawyer/senator can be heard solely by the disciplinary committee of the Congress.

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)

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
-E and F. These are not included as elements of the state. Hence,
elements of the state are composed of Territory, Government,
People, and Sovereignty.
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.)
- A self-executing provision of the Constitution is referred to as a
provision which can be executed without any law needed in order for
the same to be effective. i.e, provisions stated in Art.1 of the 1987
Constitution. Examples of Constitutional construction are articles XV
and XI.

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)
- If it so happened that I am the presiding judge of the certain case
above-cited, the motion to dismiss rendered by B is immaterial. Hence,
the issue was a mere criminal case since it involves crimes against
criminal law. Separation of church and state is as well immaterial with
regards to the case at bar. Thus, involved parties are private citizens.
The accused being a member of a religious sect may be prosecuted
criminally based on the fact herein provided regardless of the sect he
belongs. Moreover, separation of church and state has can be
exempted in the case at bar because in doesn’t concern function of the
church as an independent body but the act of its member concerns a
person whose rights were violated.
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)