CONSTITUTIONAL LAW I

Long Quiz No. 1

July 14, 2018

I. Enumeration and Definition. 60 points.

1. State and explain the two limitations on the legislative power of Congress. 5 points.

PROCEDURAL LIMITATIONS: CURTAIL THE MANNER OF PASSING LAWS.

SUBSTANTIVE LIMITATIONS: CURTAIL THE CONTENT OF A LAW

2. Define: a. Journal: An abbreviated account of daily proceedings. 5 points.

b. Record: A word for word transcript of Congress deliberations.
5 points.
c. Enrolled Bill: Official copy of approved legislation and bears the
certification of the presiding officer of the legislative body. 5 points.

3. State and explain the process of a bill becoming a law. 5 points.

1. FIRST READING- ONLY THE TITLE IS READ, AFTER WHICH, THE

SPEAKER SUBMITS IT TO A COMMITTEE; SUCH COMMITTEE SUBMITS A
REPORT RECOMMENDING ITS APPROVAL OR DISAPPROVAL.
2. SECOND READING- THE ENTIRE TEXT OF THE LAW IS READ. THE
SPONSOR DELIVERS HIS SPEECH JUSTIFYING THE BILL, THEN, THE
DEBATES. ANY AMENDMENT ON THE BILL MUST BE MADE AT THIS
POINT. AFTER THE DEBATES AND AMENDMENTS ARE MADE, VOTING IS
DONE, VIVA VOCE.
3. THIRD READING: ONLY THE TITLE IS READ. NO MORE AMENDMENTS
ARE ALLOWED AT THE THIS POINT. THEN THERE WOULD BE A ROLL-
CALL AND EACH MEMBER WOULD BE ASKED WHETHER HE VOTES YES
OR NO. IF THE BILL IS APPROVED, THEN IT BECOMES A LAW.

TWO STEPS BEFORE A BILL BECOMES A LAW

1. IT MUST BE APPROVED BY CONGRESS. THE LEGISLATIVE ACTION
REQUIRED OF CONGRESS IS A POSITIVE ACT; THERE IS NO
ENACTMENT OF LAW BY LEGISLATIVE INACTION
2.IT MUST BE APPROVED BY THE PRESIDENT. APPROVAL BY THE
PRESIDENT MAY BE BY POSITIVE ACT OR INACTION.

4. State the internal powers of Congress. 5 points.

Internal Powers of Congress:

1. Determine rules of proceedings
2. Punish members for disorderly behavior
3. Suspend a member
a. only with concurrence of 2/3 of all members
b. only for a maximum of 60 days
4. Expel a member
- 2/3 of all members

5. State the limitations on the power of Congress to conduct inquiries in aid of legislation.
5 points.

1. The subject matter should be one in which the may legislate on; since it is
incidental to legislation. They cannot therefore, investigate whether a person
committed a crime or not because such function is with the judiciary.
2. The question must be relevant.
3. It must be in accordance with published rules of procedure.
4. The rights of the persons appearing in or affected by such inquiries shall be
respected and protected, like the right against self-incrimination.
5. It must be in aid of legislation.
6. State the limitations on the power of Congress to appropriate. 5 points.

Section 25. Limits on Power to Appropriate

(1) The Congress may not increase the appropriations recommended by the
President for the operation of the Government as specified in the budget. The form,
content, and manner of preparation of the budget shall be prescribed by law.
(2) No provision or enactment shall be embraced in the general appropriations bill
unless it relates specifically to some particular appropriation therein. Any such
provision or enactment shall be limited in its operation to the appropriation to
which it relates.
(3) The procedure in approving appropriations for the Congress shall strictly follow
the procedure for approving appropriations for other departments and agencies.
(4) A special appropriations bill shall specify the purpose for which it is intended,
and shall be supported by funds actually available as certified by the National
Treasurer, or to be raised by a corresponding revenue proposal therein.
(5) No law shall be passed authorizing any transfer of appropriations; however, the
President, the President of the Senate, the Speaker of the House of Representatives,
the Chief Justice of the Supreme Court, and the heads of Constitutional
Commissions may, by law, be authorized to augment any item in the general
appropriations law for their respective offices from savings in other items of their
respective appropriations.
(6) Discretionary funds appropriated for particular officials shall be disbursed only
for public purposes to be supported by appropriate vouchers and subject to such
guidelines as may be prescribed by law.
(7) If, by the end of any fiscal year, the Congress shall have failed to pass the general
appropriations bill for the ensuing fiscal year, the general appropriations law for the
preceding fiscal year shall be deemed re-enacted and shall remain in force and effect
until the general appropriations bill is passed by the Congress.

7. State the rule in case of vacancy at the beginning of the term of the Presidency. 5
points.

Section 7. Vacancy at the Beginning of the Term of the Presidency

The President-elect and the Vice President-elect shall assume office at the beginning
of their terms.
If the President-elect fails to qualify, the Vice President-elect shall act as President
until the President-elect shall have qualified.
If at the beginning of the term of the President, the President-elect shall have died or
shall have become permanently disabled, the Vice President-elect shall become
President.
Where no President and Vice-President shall have been chosen or shall have
qualified, or where both shall have died or become permanently disabled, the
President of the Senate or, in case of his inability, the Speaker of the House of
Representatives, shall act as President until a President or a Vice-President shall
have been chosen and qualified.
The Congress shall, by law, provide for the manner in which one who is to act as
President shall be selected until a President or a Vice-President shall have qualified,
in case of death, permanent disability, or inability of the officials mentioned in the
next preceding paragraph.

8. State the rule in case of vacancies in both the Presidency and the Vice Presidency.
5 points.

Section 10. Vacancies in Both the Presidency and the Vice Presidency
The Congress shall, at ten o'clock in the morning of the third day after the vacancy
in the offices of the President and Vice-President occurs, convene in accordance with
its rules without need of a call and within seven days, enact a law calling for a
special election to elect a President and a Vice-President to be held not earlier than
forty-five days nor later than sixty days from the time of such call. The bill calling
 such special election shall be deemed certified under paragraph 2, Section 26,
Article V1 of this Constitution and shall become law upon its approval on third
reading by the Congress.
Appropriations for the special election shall be charged against any current
appropriations and shall be exempt from the requirements of paragraph 4, Section
25, Article V1 of this Constitution. The convening of the Congress cannot be
suspended nor the special election postponed. No special election shall be called if
the vacancy occurs within eighteen months before the date of the next presidential
election.

9. State the qualifications of the President. 5 points.

Qualifications:
a. Natural Born citizen
b. Registered Voter
c. Able to read and write
d. Atleast 40 years of age (on the day of election)
e. Ten (10) year residence

10. State the prohibitions on members of Congress. 5 points.

Two Prohibitions in Section 13

1. They cannot hold any other office or employment in the government without
forfeiting their seat. They will have to resign from their seat if they will
accept another post.
2. They cannot be appointed to any office created or the emoluments thereof
increased during the term for which they were elected

3 Prohibitions in Section 14
1. “Appear as Counsel” – it means appearing for someone else. Therefore, he
may appear for himself. The prohibition is against appearing personally for
others. Thus, the legislator’s partner in the law firm can appear. The
legislator also cannot sign pleadings, as this is tantamount to appearance.
2. Directly or Indirectly Financially Interested in Any Contract, Franchise, or
Privilege.
3. NOT INTERVENE IN ANY MATTER BEFORE ANY OFFICE of the
GOVERNMENT for his PECUNIARY BENEFIT

11. State the function of the Judicial and Bar Council. 5 points.

It recommends appointees to the Judiciary. It may exercise such other functions and
duties as the Supreme Court may assign to it.

II. You will be graded for clarity of language and substantive correctness. Please
limit your answer to five sentences. 40 points.

1. Petitioners Senator Benigno Aquino III and Mayor Jessie Robredo seeks the
nullification as unconstitutional of Republic Act No. 9716, entitled “An Act
Reapportioning the Composition of the First (1st) and Second (2nd) Legislative Districts in
the Province of Camarines Sur and Thereby Creating a New Legislative District From
Such Reapportionment.” Prior to RA 9716, the Province of Camarines Sur had 4 districts,
but following the enactment of the said Act, the first and second districts municipalities
were reconfigured and combined to form an additional legislative district for the
province. Petitioners asserts that this reapportionment is a violation of the constitutional
requirement of a minimum population of two hundred fifty hundred (250,000) for
creation of a new legislative district. Are the petitioners correct? Explain. 5 points.

NO. PETITIONERS ARE WRONG. Aquino III v. COMELEC, GR No. 189793,

April 17, 2010. Section 5(3) of the Constitution requires a250,000
minimum population only for a city to be entitled to a representative, but
not so for a province.
2. Due to findings that many elected officials were drug addicts, Congress passed a law
mandating that all candidates for public office shall undergo a mandatory drug test.
CONGRESSMAN LAGING HIGH contends that this is unconstitutional as it adds to the
qualifications for members of the House of Representatives. GUSTO DINCONG opposes
this contention of HIGH saying that HIGH is just afraid of testing positive for using
illegal drugs. Who is correct? Explain. 5 points.

HIGH IS CORRECT. SEE Social Justice Society v. Dangerous Drugs Board,

GR No. 157870, November 3, 2008

3. The Senate passed a resolution for the investigation of Senate President MANY
MONEY. Due to the accusation that the Ethics Committee could not act fairly on the
case, the Senate approved a resolution providing for the investigation to be undertaken by
the Senate as a Committee of the Whole. Senator BATANI MANI argued that the Rules
of the Senate as a Committee of the Whole should first be published. Is Senator MANI
correct? Explain. 5 points.

NO. SENATOR MANI IS WRONG. THE RULES ARE MERELY INTERNAL TO

THE SENATE. SUCH RULES NEED NOT BE PUBLISHED UNLESS THE
RULES EXPRESSLY PROVIDE FOR THEIR PUBLICATION. SEE Pimentel v.
Senate Committee of the Whole, 644 SCRA 741.

4. CONGRESSMAN PALE INGKERA delivered a privilege speech alleging serious

allegations of bribery against the President. Unable to give evidence on his allegations
Congressman Ingkera was found guilty of serious disorderly behavior by the House of
Representatives. He countered that the Philippine Constitution gave him parliamentary
immunity. Thus, he cannot be punished. Is CONGRESSMAN INGKERA correct?
Explain. 5 points.

NO. CONGRESSMAN INGKERA IS NOT CORRECT. SEE Osmena v.

Pendatun. The parliamentary immunity guarantees the legislator
complete freedom of expression without fear of being made
responsible in criminal or civil actions before the courts or any other
forum outside of the Congressional Hall. But it does not protect him
from responsibility before the legislative body itself whenever his
words and conduct are considered by the latter disorderly or
unbecoming a member thereof.

5. DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT (DILG) DIRECTOR

HANAP KITA proposed the creation of task force to implement local autonomy
institutionalized under the Local Government Code of 1991. This was approved by DILG
Secretary No Idea and Deputy Executive Secretary Masno Ideapa. Consequently, they
issued an order to transfer and remit to the DILG from the funds of the Office of the
President for the operation of the task force. The Commission on Audit disallowed the
transfer of funds as this was a violation of the Philippine Constitution on the transfer of
savings. Is the COA correct? Explain. 5 points.

YES. COA IS CORRECT. Sanchez v. COA, 552 SCRA 471 The power to
transfer savings under Sec. 25(5), Art. VI of the 1987 Constitution
pertains exclusively to the President, the President of the Senate, the
Speaker of the House of Representatives, the Chief Justice of the
Supreme Court, and the heads of Constitutional Commissions and no
other.

6. Republic Act No. 7716 expanded the scope of the value added tax. AYAW BAYAD
argued that it is regressive and violated the requirement that Congress should evolve a
progressive system of taxation. Is BAYAD correct? Explain. 5 points.

NO. BAYAD IS WRONG. SEE Tolentino v. Sec of Finance pp 311 The

Constitution does not really prohibit the imposition of indirect taxes which, like the
VAT, are regressive. What it simply provides is that Congress shall "evolve a
progressive system of taxation." The constitutional provision has been interpreted to
mean simply that "direct taxes are . . . to be preferred [and] as much as possible,
indirect taxes should be minimized." Resort to indirect taxes should be minimized but
not avoided entirely because it is difficult, if not impossible, to avoid them

7. The Presidential Commission on Good Governance entered into an agreement with the
Marcos Family to compromise the ill-gotten wealth cases pending against them. It also
provided that the assets to be retained by the Marcos Family would be exempt from all
taxes. Is the agreement valid? Explain. 5 points.

NO. THE AGREEMENT IS NOT VALID. SEE Chavez v. PCGG The power to tax
and to grant tax exemptions is vested in the Congress and, to a certain extent, in the
local legislative bodies. Section 28 (4), Article VI of the Constitution, specifically
provides: "No law granting any tax exemption shall be passed without the
concurrence of a majority of all the Member of the Congress." The PCGG has
absolutely no power to grant tax exemptions, even under the cover of its authority to
compromise ill-gotten wealth cases.

8. The National Bureau of Investigation (NBI) filed with the Department of Justice (DOJ)
a letter-complaint charging Jok Jack, Hubu Hubad, Maka Miko, Taran Tado and Man Yak
with the crime of Rape with Homicide. The DOJ decided to file an information for rape
with homicide against all the accused but excluded their leader Man Yak. Jok Jack
questions the validity of the DOJ action in excluding Man Yak alleging that this intrudes
into judicial prerogative. Is JOK JACK correct? Explain. 5 points.

NO. JOC JACK IS WRONG. SEE Webb v. De Leon, 247 SCRA 652. It is a faulty
assumption that the decision whom to prosecute is a judicial function. In truth, the
prosecution of crimes pertains to the executive department of government whose
principal power and responsibility is to see that our laws are faithfully executed. A
necessary component of this power to execute our laws is the right to prosecute their
violators. The right to prosecute vests the prosecutor with a wide range of discretion

END

BONUS:

1. State the requisites for judicial review. 5 points.

Requisites:
1. There must be an actual case or controversy involving a conflict of legal
rights susceptible of judicial determination.
2. The constitutional question must be raised by the proper party.
3. The constitutional question must be raised at the earliest opportunity.

2. State the jurisdiction of the Supreme Court en banc. 10 points.

1. Constitutionality of a treaty, international or executive agreement, or law.

2. Those required by the Rules of Court to be heard en banc.
3. Constitutionality of presidential decrees, proclamations, orders, instructions,
ordinances and other regulations.
4. Cases heard by a division when the required majority is not obtained.
5. Cases where a doctrine or principle of law previously laid down will be
modified or reversed.
6. Administrative cases against judges when the penalty is dismissal.
7. Election contests for President or Vice President.

3. State the five safeguards of judicial independence. 5 points.

1. SC is a constitutional body. It cannot be abolished by Congress.

2. SC members are removable only by impeachment.
3. SC has exclusive supervision over the courts and its employees.
4. Judiciary has fiscal autonomy.
5. Judges have security of tenure.
6. Salaries of judges cannot be reduced.
4. State the composition of the Judicial and Bar Council. 5 points.

1. Chief Justice of the SC as Ex-Officio Chair

2. Secretary of Justice
3. Representative of Congress
4. Representative of the Integrated Bar of the Philippines
5. Professor of Law
6. Retired Justice of the Supreme Court
7. Representative of the Private Sector