Constitutional Law Quiz 1

21 Sept. 2019
First Year, Constitutional Law I
First Semester, SY 2019

Submitted to: Atty E. B. Bellen

Submitted by: Kristian C. Villanueva
2014-MJD-067

Answers:

1. The meaning of the following are:

A. Par in parem non habet imperium - par in parem, non habet imperium
- that all states are sovereign equals and cannot assert jurisdiction over
one another.

B. Constitutional law is a branch of public law which treats of

constitutions, their nature, formation, amendment and interpretation

C. State is a community of persons, more or less numerous, permanently

occupying a definite portion of territory, independent of external control,
and possessing a government to which a great body of inhabitants render
habitual obedience.

D. Archipelago doctrine, under this doctrine the Philippine archipelago is

considered as one integrated unit instead of being divided into more than
7,000 islands.

E. Parens patriae means father of the country. This doctrine has been
defined as the inherent power and authority of the state to provide
protection to the persons and property.

2. The three essential parts of a written constitution are:

A. Constitution of liberty: it contains the fundamental civil and political

rights of the citizens as well as the limitations on the powers of the
government to see to it that the said rights are safeguarded.

B. Constitution of government: outlines the organization of the

government, enumerating its powers, laying down certain rules relative
to its administration, and defining the electorate.
C. Constitution of sovereignty: contains the provisions on how to amend
to revise our constitution and when such amendment or revision is
considered valid.

3. Potestas delegata non delegari potest does not belong to the group of
words because it does not directly relate to the interpretation of the
Constitution.

4. A. I agree, under the principle of the conscientious objector test, a

person may be exempt from military service and in the case at hand, if the
person being sent is willing and qualified under all requirements of
rendering military service then it should be allowed with the exemption
that the person objecting to be recruited to pass the conscientious objector
test.

B. I don't agree. Because the preamble embodies the essence and

importance that our constitution has imparted to the Filipino people.

C. I don't agree. While the constituent functions of government are of

great importance, the ministrant functions are just as important as the
focus of this provides advancements and modernizations of the
Philippines as a whole to be able to maintain quality of life that is in touch
with international standards.

D. I don't agree. The simple definition of the separation of powers only

means that the three branches of government has exclusive cognizance of
and is supreme in matters falling within its own Constitutionally
allocated sphere and to prevent the concentration of authority in one
branch of government that might lead to irreparable error or abuse of
another branch.

E. I don't agree. Legislative powers may indeed be vested in the Congress

but there are other sources from such which laws are derived examples of
which are from the executice branch or the local government units and so
on.

F. I don't agree. Congress also performs powers of non-legislative nature

such as: the power to confirm presidential appointments, power of
impeachment, power to declare the existence of a state of war, power to
concur or confirm an amnesty granted by the president, power to canvass
the votes, power to proposs amendment or revision of the Constitution
and the power to ratify treaties granted to the Senate.

G. I don't agree. Each city with a population of at least 250,000 shall

have at least one representative. Each province, irrespective of the number
of inhabitants, shall have
at least one representative.

H. I disagree. Party list representatives are only allowed one seat

regardless of the number of votes because they are representing
marginalized sectors.

I. I agree. It is unconstitutional because since he is the author of the bill

and will directly benefit from the said bill. Under the principle of
forbidden office, he cannot be appointed to any office which may have
been created.

J. I don't agree. Under the privilege of speech and debate and also from
the case of Pobre vs Santiago, the supreme Court sustained the privilege
of speech over her duties as member of the bar because to enable them to
perform the functions of their office without fear of being made
responsible before the courts.

5. A. Suability depends on the consent of the state to be sued, liability on

the applicable law andthe 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.

B. Nation is an ethnical concept while state is a political or legal concept.

A state presupposes a government and a definite territory, while these are
not necessary for a nation to exist. There can be a nation without there
being a state, but where there is a state, there is at least one nation.

C. Government is distinct from administration. Government is the agency

which formulates, expresses and realizes the will of the people. On the
other hand, administration is composed of group of persons in whose
hands the reins of government are for the time being. It is the
administration that runs the affairs of the government for a given period
of time,
D. A de jure government, government of law, is an organized government
of a state which has the general support of the people. A de facto
government, government of fact, is a government which actually exercises
power or control but without legal title.

E. Legal sovereignty is that authority of the state which has the legal
power to issue final commands. It is the authority of the state to whose
directions the law of the State attributes final legal force. Political
sovereignty is defined in terms of unlimited political power, while legal
sovereignty is defined in terms of absolute legal authority.

6. Territory, Government, People, Sovereignty are the elements of the

state, therefore it excludes independence and degree of civilization

7. Self executing provisions are those provisions which do not need an

enabling law. 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. The state may not interfere with Ecclesiastical matters but may acquire
jurisdiction over cases of kidnapping.

9. Suspension contemplated in the Constitution is laid down to punish its

members for disorderly behavior, while the preventive suspension is
based on Section 13 of Republic Act 3019, the anti-graft law, which states
that an accused public official “shall be suspended from office” if he
charge with a crime under RA 3019, the Revised Penal Code or any
offense involving public funds or property or fraud against the
government.

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)

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

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

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

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.

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

in the interpretation of the Constitution it has no use.

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

more important and given more attention than its ministrant functions.

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.

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

Congress where legislative power is vested.

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

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.

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. 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.
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.

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

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)