QUIZ # 3

DEADLINE: October 10, 2020 8AM

JETHRO REALES
15-14240-292
1. The 17th Congress is in session. Senator A, in a speech before the media in the
hallway of the Senate, accused the President and other officials of corruption and
plunder. The President filed a case for libel and because of this Senator A was
arrested. While under detention, Senator A filed a motion in court asking that he be
allowed to attend Senate sessions and conduct committee hearings. This motion was
opposed by the DOJ. Can Senator A be validly arrested for libel for his speech
against the President and other government officials? Explain you answer. 5 pts
No.
Under the Constitution a Senator of Member of the House of Representatives shall,
in all offenses punishable by not more than six years imprisonment, be privileged from
arrest while the Congress is in session.
Libel under the RPC is a crime punishable of imprisonment not exceeding six
years. Thus Senator A cannot be validly arrested while the congress is in session.

2. A bill was passed by the legislature declaring that the current President would sit
for life. The law was signed by both the Senate President and the Speaker of the
House and passed to the Office of the President for the signature of the President.
The law has a repeal clause which provided that it could only be repealed by a
unanimous vote of all the members of the House of Representatives and the Senate.
Senator A and Congressman B questioned the law before the courts, arguing that the
law did not reflect the true intent of the legislature as reflected in the journal. Is the
law passed by the legislature valid? Explain you answer. 5 pts
No.
Under the doctrine of constitutional supremacy, all laws whether promulgated by
the legislative or executive which violates the Constitution shall be null and void.
Under the Constitution, the President shall sit in his office for a period of Six years
and be ineligible for any reelection. Furthermore, under the law Revisions and
Amendments of the constitution can only be done either through people’s initiative,
constituent assembly or constitutional convention not through the ordinary legislating
process.
In this case, the law passed is deemed null and void for being contrary to the
provisions of the constitution in violation of the doctrine of constitutional supremacy.

3. Select the best answer and explain. The legislature, by law, may abolish this body:
5 pts.
d. Court of Tax Appeals
The legislature may by law abolish the Court of Tax Appeals because it is not
mandated by the constitution. The CTA was established through enactment of law,
specifically RA 1125, therefore it can also be abolished by the congress through
legislation.