C O N S T I T U T I O N A L L AW I Sample Exam First Semester, AY 2005-2006

INSTRUCTIONS

1. Write your STUDENT NUMBER (SN#) only on the upper right hand corner of this questionnaire and on the upper right hand corner of the cover page of your bluebook. 2.Read each question carefully and [hen answer concisely. A mere "Yes" or "No" without explanation or discussion will not be given any credit. 1. Start each number on a separate page; an answer to a sub-question under the sa m e n u m b e r m a y b e wr i t t e n c o n t i n u o u s l y o n t h e sa m e a n d im m e d i a t e l y succeeding pages until completed. Do not write on the dorsal side of the answer sheets. 3.Hand in your bluebook with this questionnaire. A bluebook unaccompanied by the corresponding questionnaire will not be corrected.

GOOD LUCK!

Objective 1.What are the characteristics of a written constitution (as discussed in the case of Marburg v. Madison)? (4 pts.) 2.In what sense should the term "rigid constitution" be understood, as used in the case of Tolentino v. COMELEC? (3 pts.) 3.What are the three inherent powers of the state? (3 pts.) 4.Is the term judicial supremacy the same as judicial power? State your reasons. (4 pts.)

Multiple Choice I n t h e i ssu a n ce of a se a r ch wa rr a n t , p e rso n a l d e t e rm i n a t io n b y t h e j u d g e of t h e existence of probable cause is required. In performing this duty, the judge may perform which of the following: 1. Allow the taking of test i mony or statements of the applicant and his witness by a court personnel, subject to the judge's personal verification of the truth of the same, through the administration of oath. II. Issue a stern warning against commission of perjury.

Ill.

Allow the applicant and his witness to submit affidavits and based upon a careful scrutiny of the same, propound selected questions to the applicant and witness. I V. l / \ / h e r e t h e j u d g e i s s a t i s f i e d t h a t p r o b a b l e c a u s e e x i s t s b a s e d u p o n h i s examination of the applicant alone, having taken the applicant's deposition in writing and under oath, he need not question or rely upon assertions of the applicant's witnesses. a.I only. b.I or II only. c.I and Ill only. d.Ill and IV only. e.IV only. f.None of the above. (2 pts.)

Essay The National Capital Region District Command (NCRDC) was activated pursuant to the l e t t e r o f i n t e n t i s su e d b y t h e G e n e r a l H e a d q u a r t e r s o f t h e A r m e d F o r ce s o f t h e Philippines. The mission of the NCRDC is to conduct security operations within its area of responsibility and peripheral areas - , for the purpose of establishing effective territorial defense, maintaining peace and order, in view of developments in the hostage situation in vo l vin g a Filip in o cit i ze n in I ra q. Pu rsu an t to it s missio n, t he NCRD C in st a lle d checkpoints in various parts of Metro Manila. Several residents of Metro Manila filed suit questioning the constitutionality and validity of the NCRDC checkpoints. They allege that the checkpoints violate Article III, Section 2 of the Constitution proscribing unreasonable searches and seizures. It is contended, however, that the complainants do not have the legal standing to raise the constitutional question inasmuch as they have not even been subjected to the challenged checkpoints. A.What are the requisites for the exercise of judicial review? (5 pts.) B.Explain the principle behind the requirement of locus standi. (5 pts.) Is "people power" recognized by the 1987 Constitution? Explain fully. (5 pts.) Miguel sin was born a year ago in China to a Chinese father and Filipino mother. His parents met in Shanghai where they were lawfully married just two years ago. Is Miguel Sin a Filipino citizen? (5 pts.)

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