ROM JOSEF P.

MANZANO
19-JD-010

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)

ANSWER:
a. Par in parem non habet imperium means all states are sovereign
equals and cannot assert jurisdiction over one another The
Head of State, who is deemed the personification of the
State, is inviolable, and thus, enjoys immunity from suit.

b. Constitutional Law is written instrument enacted by direct

action of the people by which the fundamental powers of
the government are established, limited and defined, and by
which those powers are distributed among the several
departments for their safe and useful exercise for the benefit
of the body politic.

c. State is the 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. Archipelago Doctrine. This articulates the archipelagic

doctrine of national territory, based on the principle that an
archipelago, which consists of a number of islands separated
by bodies of water, should be treated as one integral unit.

e. Parens Patriae means parent of the people. As such, the

Government may act as guardian of the rights of people
who may be disadvantaged or suffering from some
disability or misfortune.

2. State and explain the three essential parts of a written constitution,

particularly with reference to the Philippine Constitution. (10 points)

ANSWER:
The three essential parts of a written constitution are Constitution
of Liberty, Constitution of Government, and the Constitution of
 Sovereignty. The Constitution of Liberty are the series of
prescriptions setting forth the fundamental civil and political
rights of the citizens and imposing limitations on the powers of
government as a means of securing the enjoyment of those rights.
The Constitution of Government are the series of provisions
outlining the organization of the government, enumerating its
powers, laying down certain rules relative to its administration,
and defining the electorate. The Constitution of Sovereignty are
the provisions pointing out the mode or procedure in accordance
with which formal changes in the fundamental law may be
brought about.

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 is an ethical principle that
delegated power constitutes not only a right but a duty to be performed
by the delegate through the instrumentality of his own judgment and
not through the intervening mind of another. While the Verba legis, Ut
magis valeat quam pereat, Ratio legis et anima are the ways to interpret
the Constitution.

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, an individual has claimed the right to refuse to
perform military service on the grounds of freedom of thought,
conscience, and/or religion.
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. The Preamble of the 1987 Constitution Indicates
authorship of the Constitution; enumerates the primary aims
and aspirations of the framers; and serves as an aid in the
construction of the
Constitution.

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. Both constituent functions and ministrant functions
are both important obligation 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.

ANSWER:
I don’t agree, according to the Doctrine of Separation of Powers,
the legislation belongs to the Congress, implementation to the
executive, and settlement of legal controversies and adjudication
of rights to the judiciary. Each is therefore prevented from
invading the domain of the others.

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

Congress where legislative power is vested.

ANSWER:
I don’t agree, according to Art. 6, Section 1 of the Constitution. The
legislative power is also vested to the people by the provision of
initiative and referendum
f. Congress may not exercise powers considered non-legislative.

ANSWER:

I don’t agree, Congress are mandated to exercise both legislative

and non-legislative 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.

ANSWER:
I agree, Sec. 5(3) of Art. VI requires a city to have a minimum
population of 250,000 to be entitled to one representative; it does
not have to increase its population by another 250,000 to be
entitled to an additional district.

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 KITA TAYO is entitled to three seats or
representatives to the House of Representatives because they have
more than 6 % of the total vote.

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 don’t Agree, this is against to Art. 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, according to Art. 6, Section 11 of the Constitution, no
member of the congress shall be questioned nor be held liable in any
other place for any speech or debate in 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)

Answer:

a. Suability and Liability of States:

Suability depends on the consent of the State to be sued while
the liability of states depends on the applicable law and the
established facts
b. Nation and State:
State is a legal or juristic concept, while nation is an ethnic or
racial concept
c. Government and Administration
Administration pertains to the actual running of the
government by the executive authorities through the
enforcement of laws and the implementation of policies while
Government is merely an instrumentality of the State through
which the will of the State is implemented and realized.

d. de jure and de facto Governments:

de jure has a rightful title but no power or control, one that is
established of a legitimate sovereign while the de facto
government actually exercises power or control but without
legal title.

e. Legal and Political Sovereignty:

Legal sovereign is a law making authority in legal terms, while

the political sovereignty is behind the legal sovereignty
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

ANSWER:
Degree of civilization is not an element of 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.)

ANSWER:
Self-executing Provision is a provision which lays down a general
principle is usually not self-executing. But a provision which is
complete in itself and becomes operative without the aid of
supplementary or enabling legislation, or that which supplies a
sufficient rule by means of which the right it grants may be
enjoyed or protected, is self-executing.

(1) A constitutional provision is self-executing if the nature and

extent of the right conferred and the liability imposed are fixed
by the Constitution itself, so that they can be determined by an
examination and construction of itserms, and there is no
language indicating that the subject is referred to the legislature
for action.

(2) The provision does not contain any judicially enforceable

constitutional right but merely specifies a guideline for
legislative or executive action. The disregard of this provision
does not give rise to any cause of action before the courts

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)

ANSWER:

The case should not be dismissed, because the wrongful act

compromised the public order and shall be punished in
accordance to the law.

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:
1987 Constitution, Art. VI, Sec. 16, par. 3 states that each house
may punish its members for disorderly behavior and, with
concurrence of 2/3 of all its members, suspend, for not more than
60 days, or expel a member. While on RA 3019, members of
Congress may also be suspended by the Sandiganbayan or by the
Office of the Ombudsman. The suspension is not a penalty but a
preliminary preventive measure and is not imposed upon the
petitioner for misbehavior as a member of Congress.