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)

a. An international law were all States are equal. No State can assert
jurisdiction over another.
b. It is the supreme law of the land were no law to be passed should be
contrary to it. It defines the role, powers, and structure of the three branch
of the government, namely, executive branch, legislative branch, and
judiciary branch.
c. 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 habitual
obedience.
d. Is the national territory of the State where the State exercise sovereignty or
jurisdiction in all of his territories consisting of its terrestrial, fluvial, and
aerial domains, including its territorial sea, seabed, the subsoil, the insular
shelves, and other submarine areas.
e. State acts as a guardian of the rights of the people. The power of the State to
act for those who are unable to care for themselves.

2. State and explain the three essential parts of a written constitution, particularly
with reference to the Philippine Constitution. (10 points)

a. Liberty – The fundamental civil and political rights of the citizen.

b. Government – It outlines the organization of the government enumerating
its power to certain rule.
c. 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? (5 points)
 a. Potestas delegata non delegari potest – The other three talks about how
Constitution should be interpreted while Potestas delegata non delegari potest
is a delegated power where his authority can no longer be delegated.

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’t agree. It is the responsibility of every citizen to secure the freedom

and independence of the Philippine Republic.

b. The Preamble of the 1987 Constitution serves no purpose at all and in the
interpretation of the Constitution it has no use.

- I don’t agree. The preamble expresses the aspirations of the framers in

drafting the Constitution and is also useful as an aid in the construction
and interpretation of the text of the Constitution.

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

important and given more attention than its ministrant functions.

- I don’t agree, each functions of the government are very important to the
growth of the State.

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.

- I agree. The separation of powers is intended to prevent concentration of

authority in one person or group of persons that might lead to an
irreversible error or abuse in its exercise.

e. The Constitution makes it clear that in the Philippines it is only in Congress

where legislative power is vested.
 - I agree. Congress which consists of Senate and House of representative
shall be vested with legislative power.

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

- I don’t agree. Congress has powers to discharge non-legislative among

them are declaration of the existence of war, inquiry in aid of legislation,
appointments, amendment or revision of constitution and impeachment.

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 don’t agree, Article VI. Section 5(3) clearly states that “Each legislative
district shall comprise, as far as practicable, contiguous, compact and
adjacent territory. Each city with a population of at least 250,000 thousand
or each province, shall have at least one representative.

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 agree, Kita Tayo partylist has garnered more than 2 percent of the total
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 don’t agree. He is no longer a Senator thus he can be appointed in the

Department of Housing, what is stated in the constitution are those who
are Senator who did not forfeit their seats.

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 don’t agree. Article VI. Section 11 states that a Senator or Member shall be
not questioned nor be held liable in any other place for any speech or
debate in the Congress or in any committee thereof.
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)

a. Suability is the result of the express or implied consent of the State to be

sued while liability on the other hand, is determined after hearing on the
basis of the relevant laws and the established facts.
b. Nation is only a racial or ethnic concept while State is a legal concept.
c. Government is an organization while the administrations are the elected
people who run the government.
d. A de jure government has rightful title but no power or control while de
facto government has actually power or control but without legal title.
e. Legal sovereignty is the authority which has the power to issue final
commands whereas political sovereignty is the power behind the legal
sovereign.

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. independence
b. degree of civilization

They are just the condition of the State in which its residents and population
experience which the absence of them does not affect the State.

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 constitutional provision is self-executing when it can be given effect

without the aid of legislation, and there is nothing to indicate that
legislation is intended to make it operative.

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)

- The excommunicating of unworthy member are unquestionably

ecclesiastical matters which are outside the jurisdiction of the civil courts,
thus the court cannot question the decision of the church in removing some
of its member. Article II, Section 6 of the Constitution states that no law
shall be made respecting an establishment of religion, or prohibiting the
free exercise thereof, thus the excommunication done by the church within
their prerogative.

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)

- Suspension in Anti Graft and Corrupt Practices Act is not a punishment

compared to the Article VI Section 16(3) of the Constitution the suspension
of a member is a punishment given to its members who violates the rules of
its proceedings.

JAN MICHAEL C. MURILLO

Student No. 19-JD-005
Block 1