UNIVERSITY OF PANGASINAN

COLLEGE OF LAW
Dagupan City

CONSTITUTIONAL LAW 1

Judge RENATO D. PINLAC

Professor

I. Multiple Choice (5 points each)

1. The preamble of 1987 Constitution is:

a. A source of rights and obligation of every citizen;

b. Does not provide a source of rights of every citizen;
c. Defines government set up to provide a better administration of justice;
d. All of the above

Answer: C. Defines government set up to provide a better administration

of justice

2. X was born of Filipino father and American mother on January 17, 1973.

a. X must elect Filipino citizenship upon reaching the age of majority;

b. X need not elect Filipino citizenship for him to be considered Filipino
citizen;
c. X can be naturalized under Filipino law;
d. None of the above

Answer: B. X need not elect Filipino citizenship for him to be considered

Filipino citizen

3. A and B had an elicit relationship in 2001. A, an American, is legally

married with Y, and B, the woman, is a Filipina. Out of such relationship,
she gave birth to a baby boy X in Dagupan City.
 a. X is a Filipino citizen because he was born in the Philippines;
b. X is a Filipino citizen if he elects such citizenship upon reaching the age
of majority;
c. X cannot be a Filipino citizen because he is an illegitimate child, an
offspring of an immoral act;

d. X is Filipino citizen because his mother is a Filipina;

e. None of the above

Answer: D. X is Filipino citizen because his mother is a Filipina

4. Maria, a Filipino, marries an American in 2009.

a. Due to her marriage with an American, she automatically acquired U.S.

citizenship;
b. Maria retains her Filipino citizenship despite of her marriage with a
foreigner;
c. Maria, by reason of her marriage with a foreigner, becomes automatically
a dual citizenship;
d. None of the above

Answer: C. Maria, by reason of her marriage with a foreigner, becomes

automatically a dual citizenship

5. Suffrage is a right guaranteed by the constitution on every citizen.

a. It cannot be removed from citizen by enactment of LAWS;
b. It can be removed from a citizen by enactment of LAWS;
c. Only the constitution that can make disqualification and removal of such
right;
d. None of the above

Answer: A. It cannot be removed from citizen by enactment of LAWS

6. Mindanao was placed under Martial Law by President Rodrigo Roa Duterte.
Given such situation, which one of the following is correct?
a. The military became supreme over the civilian authority to effectively
suppress rebellion;
b. Civilian authority is still supreme over the military;
c. Both the military and civilian authority shall have a power sharing and
jointly govern the entire Mindanao;
 d. None of the above
Answer: A. The military became supreme over the civilian authority to
effectively suppress rebellion

7. A Navy Vessel M/V Andres Bonifacio negligently rammed the yacht of Y

and suffered extensive damage. Y would like to sue and claim for damages.
Against whom the action shall be made?
a . Philippine Navy;
b. Department of National Defense;
c. Republic of the Philippines
d. All of the above;
e. None of the above

Answer: B. Department of National Defense

8. “B” an importer of various perishable goods from U.S. suffered 20M

damage/loses because the Bureau of Customs failed to release the container
vans on time.
a. Can “B” sue the Bureau of Customs for the loss due to the latter’s failure
to release the goods on time;
b. “B” can sue the BOC because it receives payment of customs duties and
other related dues or taxes;
c. The Bureau of Customs can be sued because it performs proprietary
function;
d. Bureau of Customs cannot be sued being a government agency
performing governmental function;
e. None of the above.

Answer: D. Bureau of Customs cannot be sued being a government

agency performing governmental function

9. When the Supreme Court declares an act of Congress approved by the

President to become a law invalid.
a. What was asserted was the supremacy of the Supreme Court over the two
other branches of the government and that it has the authority to
determine validity or invalidity of certain law;
b. What was asserted was the supremacy of the constitution;
c. None of the above.
 Answer: A. What was asserted was the supremacy of the Supreme Court
over the two other branches of the government and that it has the
authority to determine validity or invalidity of certain law

10. Municipality “Y” appropriated public funds to put up a statute and serves as
marker of a religious leader in his birth place.
a. The appropriation is invalid because it is contrary to the provision of the
constitution prohibiting appropriation of public funds for the benefit of
church or sectarian institution;
b. It was invalid because it violates the separation between the church and
state.
c. It is valid because the construction of the statute has a public purpose as
public derives benefit from the marker;
d. None of the above.

Answer: C. It is valid because the construction of the statute has a public

purpose as public derives benefit from the marker

II. Essay 50 points (10 points)

1. The Blue Ribbon Committee of the Senate is currently investigating the

alleged overpricing of face masks and PPE purchased by the Government
from Pharmally. President Rodrigo Roa Duterte tried to stop the
investigation by ordering the senators to cease and desist the ongoing
investigation and even ordered his cabinet not to appear in the investigation
if summoned.

Discuss all the legal implications of President Rodrigo Roa Duterte’s move
and their effect on the supposed separation clause of the constitution. (10
points)

Answer: The legal implications of President Duterte’s move regarding the

cease and desist order of the ongoing investigation of overpricing face masks
and PPE is clearly unacceptable for he has also ordered his cabinet not to
appear for the said investigation. Whereby, he has use his authority in order
not to cooperate with the said investigation which will probably result with
unjust
2. X had been elected as member of the House of the Representative of the 1 st
District of Pangasinan. He is a brilliant lawyer, a former Judge and a law
professor. He teaches Constitutional Law and he always remind his students
that once elected and assumed office, a Representative is prohibited to hold
any office in the Government without forfeiting his seat. He was, however
appointed as member of the Judicial and Bar Council and receives per dime.

Did he forfeit his seat as member of the “house”? If so why, if not why? (10
points)

Answer: No, what he will forfeit is his position as the member of Judicial
and Bar council unless he will go undergo renunciation on his position as the
Representative of the 1st District of Pangasinan

3. Brgy. Karuhatan of Valenzuela City thru Barangay Ordinance, allotted a

certain amount to be used in the construction of Brgy. Hall at the side walk
of Maharlika St., a Brgy. Road. The City Government ordered its
demolition. Thereafter, the Brgy. Officials demanded for the payment of just
compensation because it was in effect a taking of property of the Brgy.

Decide with reasons. (10 points)

Answer: There was no taking under the power of eminent domain herein,
because the Brgy. Hall is clearly a government property. It is within the
authority of the government to decide whether they will demolish or
renovate it in order to have a better service to the people.

4. Mr. X building is situated along AB Fernandez Ave. Dagupan City where a

great fire broke out. In order to control the spread of fire, the building of Mr.
X has to be demolished.

a. If demolished, will there be a taking under the power of eminent domain?

(5points)

Answer: Yes, there will be a taking under the power of eminent domain
because it is clearly a private property which is owned by Mr. X

b. Is Mr. X entitled to payment of just compensation. (5 points)

 Answer: Yes, he is entitled to payment of just compensation because hs
property will be taken and demolished in order to prevent the spread of
fire.

5. An ordinance was passed by the City of Dagupan prohibiting the extravagant

installation of Christmas Lights within the City. The well off residents
questioned the ordinance to be an invalid. Decide (10 points)

Answer: The ordinance that was enacted by the City of Dagupan is clearly
invalid because the installation of extravagant Christmas lights has nothing
to do or will not affect the general welfare of the people instead it will be a
source of enjoyment for the people so it is invalid to enact or to implement
such ordinance.

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