GUIDE QUESTIONS MODULE 2

(Part 2)
Aside from the standard guide in case
analysis/digesting (Reference, Facts,
Issues, Rulings)
General Principles and State policies

1.) Is the Preamble a source of a right? Explain.

2.) What is meant by the declaration that the

Philippines is a democratic state? Cite 2-3
constitutional provisions that demonstrate this
“democratic” nature of our system of
government.
3.) In case of war, is it constitutionally
permissible to make the military supreme over
the civilian government because of necessity?
Why?

4.) Can we refuse the demand of the State, by

law, to render military service by reason of
religion or political beliefs, like for example, we
don’t support a war declared by the State?
5.) Distinguish de jure govt from de facto?

• What is meant by Parens Patriae? (Soriano case)

• What is meant by sovereignty as an element of a
State?
• Why was the proposed Bangsamoro Juridical
Entity considered a state within a State? Why
was it declared unconstitutional?
6.) How is this principle of separation of church and
state demonstrated in our constitutional provisions?
Cite 2-3 provisions.

7.) What is meant by strict neutrality and

benevolent accommodation in the context of
separation of church and state?

▪ Can we be compelled to make the salute to our Flag

if it is against our religion? Explain. (Ebralinag case)
▪ Can our brother Muslims who practice polygamy be
charged under the Revised Penal Code which
punishes bigamy? Why is it allowed as a practice?
(benevolent accommodation)
8.) Cite 3 major issues raised in the Ochoa
case?

 How did the State use the defense of

political question in the Ochoa case? Do you
agree? Explain.
Is the promotion of contraceptive pills
tantamount to promoting abortion? When
does life begin? Why was the Catholic
church against the RH policy?
How did the Supreme Court resolve this issue?

Is the RH Law violative of the right to health of the

people considering that it allows the distribution of
pills which may be harmful? Explain.

Why did the Supreme Court declare unconstitutional

a provision in the RH law that allows a woman to
avail of reproductive health services (for example,
ligation) without the consent of her husband?
9.) Is it our absolute policy to ban nuclear
weapons in our territory?

Should China invade Luzon, will it be

constitutional permissible to allow the
importation and use of nuclear weapons?
Explain
10.) What do you understand of the Freedom of
Information policy?

Can we demand the current health records

of President Duterte invoking Section 28 of
Article II?
How about the school record of your
classmates in College?
 Adherence to International law
(Section 2, Article 2)

1.) What is meant by the Incorporation Clause?

• What is the legal basis for it?

• Do we need to make a legislation in order to

make generally accepted principles international
law effective in our jurisdiction? (Kuroda case)
Explain.
2.) How was the doctrine of transformation
demonstrated in the Lantion and Puruganan
cases?
3.) How about the theory of auto-limitation?

In the Tanada case, why was there an

allegation that the GATT/WTO treaty that
the Philippines signed is violative of the
constitution?

How did the Supreme Court decide on the

challenge applying the principle of auto-
limitation?
4.) Do you think this theory of auto-limitation
was relevant in the Magallona case? How?