CONSTITUTIONAL LAW 1

Atty. Andres
Samplex (Midterms)

(1) Enumerate the essential elements of the State and give a brief explanation for
each of these elements.

(2) Explain the archipelago doctrine.

(3) What is doctrine of Parens Patriae.

(4) Differentiate De jure government and De facto government.

(5) Differentiate administration from government.

(6) What is “the royal prerogative of dishonesty”? How may a person overcome
this “royal prerogatives” in order to seek redress?

(7) Are incorporated government agencies always suable?

(8) Are incorporated government agencies performing governmental functions

exempt from suit?

(9) Does the government’s act of filing an action conclusively arise to suability on
the part of the government?

(10) Does the performance of proprietary acts by an unincorporated government

agency conclusively give rise to suability?

(11) What are the manifestations of republicanism?

(12) May a citizen refuse an appointment/ commission for the defense of the State
on the grounds of his/ her religious beliefs?

(13) Explain the proper action to be done in the event that a generally accepted
international principle cannot be “harmonized” with a municipal law. Cite the
appropriate jurisprudence.

(14) Differentiate political question from justiciable question in the context of the
judiciary’s role of interpreting laws.

(15) Explain the seemingly paradoxical statement that while the Supreme Court
 has the final say on the interpretation of laws, equality exists among the three
co-equal branches of the government

(16) What are the permissible instances of delegation of legislative powers?

Briefly explain each exception.

(17) Citing the appropriate jurisprudence and applying the respective rulings
contained thereto, explain fully the requisites for a valid delegation of
legislative powers.

(18) A group of freshman law students who are all at least 25 years of age
established a political party named “A BEDAN” for the purpose of
participating in the 2016 elections. Assuming they pass the assessment of the
COMELEC and are included in the Official ballot for the party list system.
How many votes do they need to obtain in order to gain the maximum number
of seats allowed if the total number of registered voters is 20,587,123 while
the votes actually cast is 12,356,8897? Explain.

(19) Congessman Catacutan was appointed to the HRET and was stated to receive
additional compensation or emoluments resulting from the new post. A jealous
fellow representative, Congressman Ramoso, insisted that the former abandon
his post because HRET post is an incompatible office because the same will
affect Congressman Catacutan’s performance to the detriment of hi
constituents. Decide.

(20) Congressman Kambal is a duly elected representative of the First District of

Manila. During in incumbenc, he was charged with slight physical injuries
resulting from an altercation he had with a female cheer leader while watching
a blow-out win by the San Beda Red Lions in the NCAA. A vigilant women’s
group is calling for arrest while the congressional session is recess saying that
the Congressman’s act is nothing short of “disorderly behavior.” Decide.

(21) Congresswoman Sumaqui filed a tax bill in the House of Representatives on

September 3, 2015. Unknown to the Congresswoman, Senator Hilario filed a
similar tax bill involving the same subject matter on September 2, 2015.
Assuming the bill passes into law, will the same be eventually declared
unconstitutional or is there still a scenario by which the measure can be
considered valid.