By: RKUW

CONSTITUTIONAL LAW 1
FINAL EXAM

Instructions:

1. This Questionnaire contains 14 pages including this page.

2. Read each question carefully. In your answers, follow the sequence

and the numbering system used in the Questionnaire. Answer each
numbered question on a separate page; an answer to a sub-
question under the same number set may be written continuously
on the same page and succeeding pages until completed.

3. Your answers should demonstrate your ability to analyze the facts,

apply the pertinent laws and jurisprudence, and arrive at sound
and logical conclusions. Always support your answers with the
pertinent laws, rules, and/or jurisprudence. A mere "yes" or "no"
answer without any corresponding explanation or discussion may
not be given full credit.

4. Read the questions carefully. No erasures in your answers. Limit

your answers to maximum of 4 sentences only. Do not leave any
item unanswered. Leave a space after every paragraph. Follow the
3-4 paragraphs rule in answering essay questions.

5. Take a picture of your answers using any mobile application that

can convert the pictures into PDF file. Send your answers to my
email address arkuw.clo@gmail.com with file name “FAMILY
NAME, FIRST NAME – CONSTITUTIONAL LAW 1 FINAL EXAM” on or
before June 7, 2020 at exactly 6AM.

6. Pointing system will be my discretion.

7. Not following instructions will be given a 10 point deduction from

the total score.

God Bless!

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Exam starts here!

I.

What are the rights of the Philippines within the following areas:

(a) Contiguous zone

(b) Exclusive economic zone
(c) Territorial Sea
(d) Continental Shelf

II.

A committee of the Senate invited Mr. Gigolo and Mr. Gologi, the Secretary of
Foreign Affairs and Secretary of Energy, respectively, as resource speakers for
an inquiry in aid legislation. Mr. Gigolo refused to attend, arguing that the
Senate, not its committee, has the power to compel attendance. Meanwhile,
Mr. Gologi attended the committee hearing but upon being asked about
discussions made during a closed-door cabinet meeting, he refused to answer
invoking executive privilege. The committee members insisted that Mr. Gologi
answer the question pursuant to the right of Congress to information from the
executive branch.

(a) Based on his argument, is Mr. Gigolo’s non-appearance permissible?

Explain.
(b) Is Mr. Gologi’s refusal to answer based on executive privilege valid?
Explain.

III.

The continuing threat to the security of the State in various parts of the
country prompted the National Security Adviser of the President to adopt a
"Comprehensive National Security Strategy (CNSS)" with the following
components:

Component 1: During a state of emergency, the President, in the exercise of his

power of general supervision, may delegate to the heads of local government
units (LGUs), through an administrative issuance, the power to call-out the

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Armed Forces of the Philippines (AFP) for a more effective and immediate
response to the ground situation; and

Component 2: In declaring Martial Law, the President, in a preemptive action

and without waiting for the recommendation of the Secretary of National
Defense and the AFP, may rely upon any intelligence information he may have
gathered through other sources.

Disturbed by the strategy’s supposed infirmities, a concerned citizens’

organization raised the constitutionality of the two (2) components of the
CNSS before the Supreme Court.

(a) Is component 1 of the CNSS constitutional? Explain.

(b) Is component 2 of the CNSS constitutional? Explain.

IV.

The unabated rise of criminality and the reported identification of delinquent

children loitering in the wee hours of the night prompted City Z to implement
a curfew ordinance. Minors unaccompanied or unsupervised on the streets by
their parents or guardians between 10:00 P.M. to 5:00 A.M. may be
apprehended by law enforcers subject to certain exclusive exceptions. These
exceptions are: 1. minors running lawful errands, such as buying of medicines,
using of telecommunications facilities for emergency purposes and the like; 2.
night school students; and 3. Minors working at night.

Minors apprehended for violation of the curfew ordinance shall be required to

undergo counseling, accompanied by their parents/guardians.

Does the curfew ordinance violative the primary right and duty of parents to
rear their children? Explain.

V.

Who are the impeachable officers under the 1987 Constitution? Briefly
explain the process of impeaching them thereunder.

VI.

A proposal to change a provision of the 1987 Constitution has been put forth
as follows:

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Original Text: "The Philippines is a democratic and republican State.

Sovereignty resides in the people and all government authority emanates
from them"

Proposed text: "The Philippines is a democratic and socialist State.

Sovereignty resides in the party and all government authority emanates from
it."

(a) Is this an amendment or revision? Explain.

(b) Briefly explain the process to revise the 1987 Constitution.

VII.

Under the 1987 Constitution, to whom does each

duty/power/privilege/prohibition/disqualification apply:

(a) The authority to keep the general accounts of the Government and for such
period provided by law, preserve the vouchers and other supporting
documents pertaining thereto.

(b) The power to allow small-scale utilization of natural resources by Filipino

citizens, as well as cooperative fish farming, with priority to subsistence
fishermen and fishworkers in rivers, lakes, bays, and lagoons.

(c) The authority to provide for the standardization of compensation of

government officials and employees.

(d) The sole power to declare the existence of state of war.

(e) The power to ratify treaties and international agreements.

VIII.

In 2014, Congress enacted an appropriation law containing a provision that

gives individual legislators the discretion to determine, post-enactment, how
much funds would go to a specific project or beneficiary which they
themselves also determine. Consequently, disbursements were made in the
interim pursuant thereto.

Eventually, Mr. Z filed a petition questioning the constitutionality of the

statutory provision on the grounds that it violates the separation of powers
principle.

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On the other hand, certain Congressman argued that there was nothing wrong
with the provision because, after all, the power to appropriate belongs to
Congress.

(a) Rule on the arguments of the parties.

(b) Assuming that the provision is declared unconstitutional, should the

disbursements made pursuant thereto be returned in light of the doctrine of
operative fact? Explain.

IX.

A was appointed by the President as a Commissioner of the Commission on

Election (COMELEC) while Congress was not in session. Pending confirmation
of his appointment by the Commission on Appointments, A started to perform
his official functions in the COMELEC, such as attending en banc sessions,
hearing election protests, signing Resolutions, issuing Orders, and appearing
before Congress during budget hearings.

Atty. B questioned before the Supreme Court the exercise of official functions
by A, stating that his ad interim appointment is not a permanent appointment
but a temporary one pending confirmation by the Commission on
Appointments, and thus, prohibited under Article IX-C of the 1987
Constitution which states that "[i]n no case shall any Member [of the
COMELEC] be appointed or designated in a temporary or acting capacity."

(a) Is Atty. B’s contention correct? Explain.

(b) If the Commission on Appointments by-passed the confirmation of A, can

he still be reappointed by the President? Explain.

X.

Candidate X, a naturalized Filipino citizen, ran for Congressman for the Lone
District of Batanes. After a close electoral contest, he won by a slim margin of
500 votes. His sole opponent, Y, filed an election protest before the
Commission on Election (COMELEC), claiming that X should be disqualified to
run for said position because he is not a natural-born citizen. While the case
was pending, X was proclaimed by the Provincial Election Supervisor of
Batanes as the duly elected Congressman of the province.

(a) Distinguish between natural-born and naturalized citizen under the 1987
Constitution

(b) Is X qualified to run for Congress? Explain.

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(c) Did X’s proclamation divest the COMELEC of its jurisdiction to decide the
case and vest the House of Representatives Electoral Tribunal (HRET)
jurisdiction to hear the case? Explain.

XI.

H, a naturalized American citizen who later became a dual citizen under

Republic Act No. 9225 (the Citizenship Retention and Re-acquisition Act),
decided to run for Congress and thus, filed a certificate of candidacy (CoC). A
citizen argued that H is ineligible for the position because of his status as a
dual citizen. H responded that his act of filing a CoC amounted to his
renunciation of foreign citizenship, rendering him eligible for the position.

(a) Was H’s filing of a CoC sufficient to renounce foreign citizenship?

Explain.

(b) Assuming that H is a dual citizen because his parents are Filipino
citizens and he was born in California, USA, was filing of a CoC sufficient to
renounce his foreign citizenship? Explain.

XII.

Congress enacted a law to provide Filipinos, especially the poor and the
marginalized, access and information to a full range of modern family
planning methods, including contraceptives, intrauterine devices, injectibles,
non- abortifacient hormonal contraceptives, and family planning products and
supplies, but expressly prohibited abortion. To ensure its objectives, the law
made it mandatory for health providers to provide information on the full
range of modern family planning methods, supplies and services, for schools
to provide reproductive health education, for non-governmental medical
practitioners to render mandatory 48 hours pro bono reproductive health
services as a condition to Philhealth accreditation, and for couples desiring to
marry to attend a family planning seminar prior to the issuance of a marriage
license. It also punishes certain acts of refusals to carry out its mandates. The
spouses Aguiluz, both Roman Catholics, filed a petition to declare the law as
unconstitutional based on, among others, the following ground:

It violates the right to life, since it practically sanctions abortion. Despite

express terms prohibiting abortion, petitioners claim that the family planning
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products and supplies oppose the initiation of life, which is a fundamental

human right, and the sanction of contraceptive use contravenes natural law
and is an affront to the dignity of man.

Rule on the above objection.

XIII.

Agnes was allegedly picked up by a group of military men headed by Gen.

Altamirano, and was brought to several military camps where she was
interrogated, beaten, mauled, tortured, and threatened with death if she
would not confess her membership in the New People's Army (NPA) and point
to the location of NPA camps. She suffered for several days until she was
released after she signed a document saying that she was a surenderee, and
was not abducted or harmed by the military. After she was released, and
alleging that her rights to life, liberty and security had been violated and
continued to be threatened by violation of such rights, she filed with the
Supreme Court (the Court) a Petition for the Writs of Amparo and Habeas
Data with prayers for Temporary Protection Orders, Inspection of Place, and
Production of Documents and Personal Properties. The case was filed against
President Amoyo (who was the President of the Philippines when the
abduction, beating, mauling and life threats were committed), General
Altamirano, and several military men whom Agnes was able to recognize
during her ordeal. The Court, after finding the petition to be in order, issued
the writ of amparo and the writ of habeas data and directed the respondents
to file a verified return on the writs, and directed the Court of Appeals (CA) to
hear the petition. The respondents duly filed their return on the writs and
produced the documents in their possession. After hearing, the CA ruled that
there was no more need to issue the temporary protection orders since the
writ of amparo had already been issued, and dismissed the petition against
President Amoyo on the ground that he was immune from suit during his
incumbency as President. Agnes appealed the CA ruling to the Court. The
appeal was lodged after President Amoyo's term had ended.

Will the President's immunity from suit continue even after his term has
ended, considering that the events covered by the Petition took place during
his term?

XIV.

What and whose vote is required for the following acts:

(a) the repeal of a tax exemption law;

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(b) a declaration of the existence of a state of war;

(c) the amendment of a constitutional provision through a constituent
assembly;
(d) the resolution of a tie in a presidential election; and
(e) the extension of the period for the suspension of the privilege of the
writ of habeas corpus?

XV.

State whether or not the following acts are constitutional:

(a) A law prescribing as qualifications for appointment to any court lower

than the Supreme Court, Philippine citizenship, whether natural-born or
naturalized, 35 years of age on the date of appointment, and at least eight
years as a member of the Philippine Bar;

(b) A law requiring all candidates for national or local elective offices to be
college degree holders;

(c) The designation by the President of an acting Associate Commissioner of

the Civil Service Commission;

(d) The appointment by the President as Deputy Ombudsman of a lawyer who

has been engaged in the practice of law for five years; and

(e) The nomination by a national party-list of a person who is not one of its
bona fide members.

XIV.

Ang Araw, a multi-sectoral party-list organization duly registered as such with

the Commission on Elections (Comelec), was proclaimed as one of the winning
party-list groups in the last national elections. Its first nominee, Alejandro,
assumed office as the party-list representative.

About one year after Alejandro assumed office, the Interim Central Committee
of Ang Araw expelled Alejandro from the party for disloyalty and replaced him
with Andoy, its second nominee. Alejandro questioned before the Comelec his
expulsion and replacement by Andoy.

The Comelec considered Alejandro's petition as an intra-party dispute which

it could resolve as an incident of its power to register political parties; it
proceeded to uphold the expulsion.

Is the Comelec's ruling correct?

XVI.

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In 1990, Agripina migrated to Canada and acquired Canadian citizenship.

In 2008, Agripina retired and returned to the Philippines to permanently

reside in her hometown of Angeles, Pampanga. A month after returning to the
Philippines, Agripina took her oath of allegiance and executed a sworn
renunciation of her Canadian citizenship in accordance with R.A. No. 9225.

In 2009, Agripina filed her certificate of candidacy for Congress for the 2010
elections. Agripina's political rivals lost no time in causing the filing of various
actions to question her candidacy. They questioned her eligibility to run as
member of Congress. Since Agripina had to take an oath under R.A. No. 9225,
it meant that she needed to perform an act to perfect her Philippine
citizenship.

Hence, they claimed that Agripina could not be considered a natural-born

citizen. Agripina raised the defense that, having complied with the
requirements of R.A. No. 9225, she had reacquired, and was deemed never to
have lost, her Philippine citizenship.

Is Agripina disqualified to run for Congress for failing to meet the citizenship
requirement?

XVII.

Annika sued the Republic of the Philippines, represented by the Director of

the Bureau of Plant Industry, and asked for the revocation of a deed of
donation executed by her in favor of said Bureau. She alleged that, contrary to
the terms of the donation, the donee failed to install lighting facilities and a
water system on the property donated, and to build an office building and
parking lot thereon, which should have been constructed and made ready for
occupancy on or before the date fixed in the deed of donation.

The Republic invoked state immunity and moved for the dismissal of the case
on the ground that it had not consented to be sued. Should the Republic's
motion be granted?

XVIII.

President Alfredo died during his third year in office. In accordance with the
Constitution, Vice President Anastasia succeeded him. President Anastasia
then nominated the late President Alfredo's Executive Secretary, Anna Maria,
as her replacement as Vice President. The nomination was confirmed by a
majority of all the Members of the House of Representatives and the Senate,
voting separately.

(a) Is Anna Maria's assumption as Vice President valid?

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(b) Can Anastasia run as President in the next election?

XIX.

Andreas and Aristotle are foreign nationals working with the Asian
Development Bank (ADS) in its headquarters in Manila. Both were charged
with criminal acts before the local trial courts.

Andreas was caught importing illegal drugs into the country as part of his
"personal effects" and was thus charged with violation of Comprehensive
Dangerous Drugs Act of 2002. Before the criminal proceedings could
commence, the President had him deported as an undesirable alien. Aristotle
was charged with grave oral defamation for uttering defamatory words
against a colleague at work. In his defense, Aristotle claimed diplomatic
immunity. He presented as proof a communication from the Department of
Foreign Affairs stating that, pursuant to the Agreement between the
Philippine Government and the ADS, the bank's officers and staff are immune
from legal processes with respect to acts performed by them in their official
capacity.

(a) Can the President's act of deporting an undesirable alien be subject to

judicial review?

(b) Is Aristotle's claim of diplomatic immunity proper?

XX.

A priority thrust of the Administration is the change of the form of

government from unitary to federal. The change can be effected only through
constitutional amendment or revision.

(a) What are the methods of amending the Constitution? Explain briefly each
method.

(b) Cite at least three provisions of the Constitution that need to be amended
or revised to effect the change from unitary to federal, and briefly explain
why?

XXI.

A. Under the doctrine of immunity from suit, the State cannot be sued
without its consent. How may the consent be given by the State? Explain
your answer.
B. The doctrine of immunity from suit in favor of the State extends to
public officials in the performance of their official duties. May such

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officials be sued nonetheless to prevent or to undo their oppressive or

illegal acts, or to compel them to act? Explain your answer.
C. Do government-owned or -controlled corporations also enjoy the
immunity of the State from suit? Explain your answer.

XXII.

A. The President appoints the Vice President as his Administration's Housing

Czar, a position that requires the appointee to sit in the Cabinet. Although the
appointment of the members of the Cabinet requires confirmation by the
Commission on Appointment (CA), the Office of the President does not submit
the appointment to the CA. May the Vice President validly sit in the Cabinet?

B. The Executive Department has accumulated substantial savings from its

appropriations. Needing ₱3,000,000.00 for the conduct of a plebiscite for the
creation of a new city but has no funds appropriated soon by the Congress for
the purpose, the COMELEC requests the President to transfer funds from the
savings of the Executive Department in order to avoid a delay in the holding of
the plebiscite.

May the President validly exercise his power under the 1987 Constitution to
transfer funds from the savings of the Executive Department, and make a
cross-border transfer of ₱3,000,000.00 to the COMELEC by way of
augmentation? Is your answer the same if the transfer is treated as aid to the
COMELEC? Explain your answer.

XXIII.

Under the enrolled bill doctrine, the signing of a bill by both the Speaker of the
House of Representatives and the President of the Senate and the certification
by the secretaries of both Houses of Congress that the bill was passed on a
certain date are conclusive on the bill's due enactment. Assuming there is a
conflict between the enrolled bill and the legislative journal, to the effect that
the enrolled bill signed by the Senate President and eventually approved by
the President turned out to be different from what the Senate actually passed
as reflected in the legislative journal.

(a) May the Senate President disregard the enrolled bill doctrine and consider
his signature as invalid and of no effect?

(b) May the President thereafter withdraw his signature? Explain your
answer.

XXIV.

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Sec. 26(2), Art. VI of the Constitution provides that no bill passed by either
House of Congress shall become a law unless it has passed three readings on
separate days and printed copies of it in its final form have been distributed to
the Members of the House three days before its passage.

Is there an exception to the provision? Explain your answer.

XXV.

Sec. 17, Art. VI of the Constitution establishes an Electoral Tribunal for each of
the Houses of Congress, and makes each Electoral Tribunal "the sole judge of
all contests relating to the election, returns, and qualifications of their
respective Members." On the other hand, Sec. 2(1), C (Commission on
Elections), Art. IX of the Constitution grants to the COMELEC the power to
enforce and administer all laws and regulations "relative to the conduct of an
election, plebiscite, initiative, referendum, and recall."

Considering that there is no concurrence of jurisdiction between the Electoral

Tribunals and the COMELEC, state when the jurisdiction of the Electoral
Tribunals begins, and the COMELEC's jurisdiction ends. Explain your answer.

XXVI.

The Congress establishes by law Philippine Funds, Inc., a private corporation,

to receive foreign donations coming from abroad during national and local
calamities and disasters, and to enable the unhampered and speedy
disbursements of the donations through the mere action of its Board of
Directors. Thereby, delays in the release of the donated funds occasioned by
the stringent rules of procurement would be avoided. Also, the releases would
not come under the jurisdiction of the Commission on Audit (COA).

(a) Is the law establishing Philippine Funds, Inc. constitutional? Explain your
answer.

(b) Can the Congress pass the law that would exempt the foreign grants from
the jurisdiction of the COA? Explain your answer.

XXVII.

To fulfill a campaign promise to the poor folk in a far-flung area in Mindanao,

the President requested his friend, Pastor Roy, to devote his ministry to them.
The President would pay Pastor Roy a monthly stipend of ₱50,000.00 from his
discretionary fund, and would also erect a modest house of worship in the
locality in an area of the latter's choice.

Does the President thereby violate any provisions of the Constitution? Explain
your answer.
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XXVIII.

A. According to Sec. 3, Art. VIII of the Constitution, the Judiciary shall enjoy
fiscal autonomy. What does the term fiscal autonomy signify? Explain
your answer.

B. May a complaint for disbarment against the Ombudsman prosper

during her incumbency? Explain your answer.

C. Sec. 3, Art. XI of the Constitution states that "[n]o impeachment

proceedings shall be initiated against the same official more than once
within a period of one year."

What constitutes initiation of impeachment proceedings under the

provision?

XXIX.

[a] Define the archipelagic doctrine of national territory, state its rationale;
and explain how it is implemented through the straight baseline method.

[b] Section 2 of RA 9522 declared the Kalayaan Island Group (KIG) and
Scarborough Shoal as "Regimes of Islands." Professor Agaton contends that
since the law did not enclose said islands, then the Philippines lost its
sovereignty and jurisdiction over them. Is his contention correct? Explain.

XXX.

Under Sec. 5, Article VIII of the Constitution, the Supreme Court shall have the
power to "promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice and procedure in all courts xxx."
Section 23 of R.A. No. 9165 or the Comprehensive Dangerous Drugs Act of
2002 provides that "any person charged under any provision of this Act
regardless of the imposable penalty shall not be allowed to avail of the
provision on plea-bargaining." Patricia, a user who was charged with alleged
sale of shabu but who wants to enter a plea of guilt to a charge of possession,
questions the constitutionality of Sec. 23 on the ground that Congress
encroached on the rule-making power of the Supreme Court under Sec. 5,
Article VIII. He argues that plea-bargaining is procedural in nature and is
within the exclusive constitutional power of the Court. Is Patricia correct?
Explain your answer.

END OF EXAM!

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Desiderata
GO PLACIDLY amid the noise and the haste, and remember what peace there may
be in silence. As far as possible, without surrender, be on good terms with all persons.
Speak your truth quietly and clearly; and listen to others, even to the dull and the
ignorant; they too have their story.

Avoid loud and aggressive persons; they are vexatious to the spirit. If you compare
yourself with others, you may become vain or bitter, for always there will be greater
and lesser persons than yourself.
Enjoy your achievements as well as your plans. Keep interested in your own career,
however humble; it is a real possession in the changing fortunes of time.
Exercise caution in your business affairs, for the world is full of trickery. But let this
not blind you to what virtue there is; many persons strive for high ideals, and
everywhere life is full of heroism.
Be yourself. Especially do not feign affection. Neither be cynical about love; for in the
face of all aridity and disenchantment, it is as perennial as the grass.
Take kindly the counsel of the years, gracefully surrendering the things of youth.

Nurture strength of spirit to shield you in sudden misfortune. But do not distress
yourself with dark imaginings. Many fears are born of fatigue and loneliness.
Beyond a wholesome discipline, be gentle with yourself. You are a child of the
universe no less than the trees and the stars; you have a right to be here.
And whether or not it is clear to you, no doubt the universe is unfolding as it should.
Therefore be at peace with God, whatever you conceive Him to be. And whatever
your labors and aspirations, in the noisy confusion of life, keep peace in your soul.
With all its sham, drudgery and broken dreams, it is still a beautiful world. Be cheerful.
Strive to be happy.

By Max Ehrmann © 1927

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