CONSTITUTIONAL LAW I

ARELLANO UNIVERSITY SCHOOL OF LAW

FIRST SEMESTER, 2009 – 2010

MID TERM EXAMINATIONS

ATTY. ROEL PULIDO

Please:

1. Use only fountain pens.

2. Write legibly.

3. Answer only 1 question per page.

4. Note the points allotted for each number.

Answer the following.

1. Why is the Constitution considered as the most fundamental and highest

law of the land? (10 points)
The reason why the constitution is considered as the most fundamental the highest law of the land is
because it is the only law enacted by the people directly; hence, any other law that contradicts the
constitution is void

2. In the case of Salonga vs Cruz-Pano (134 SCRA 438), the Supreme Court
passed upon the legality of the finding of probable cause against Senator
Salonga by the Department of Justice despite the fact that the charges of
subversion against the good senator was already dropped.

(a) If the general rule was applied to the case, what would have been
the result of Senator Salonga’s petition before the Supreme Court? Why? (10
points)

The Court has the duty to formulate the guiding principles, precepts, and
doctrines. It has the symbolic function of educating the bench and the bar on
the extent of the protection given by constitutional guarantees.
 (b) Explain why the Supreme Court decided to treat the case as an
exception (10 points)

3. Jennifer bought a house from Restituto in 1985. Restituto however,

failed to deliver to Jennifer the house. Thus, Jennifer sued Restituto for
rescission of the contract of sale and damages. Trial ensued and in January of
1986, judgment was rendered in favor of Jennifer. Restituto failed to appeal the
said Decision. Thus, by February 1, 1986, the said Decision became final and
executory. Before anything further could happen however, the February Edsa
Revolution broke out. Ferdinand Marcos fled, and Cory Aquino took over. Cory
Aquino thereafter declared that the 1973 Constitution was no longer in force
and in its stead, she declared the Freedom Constitution as the constitution
that would be in effect until a new constitution is drafted and ratified by the
people. In March of 1986, Jennifer moved for the execution of the decision
against Restituto. Restituto opposed the motion for execution on the ground
that with the removal of Ferdinand Marcos, a new government took over, and
hence all the proceedings that were before the courts under the Marcos
government should be considered void. Is Restituto correct? Why or why not?
(10 points)

4. Mr. Rosete was the chairman of the LTFRB. Because of the series of
accidents involving Death Machine Transit, a public use bus company, he
decided to suspend their license to operate a bus line pending an in depth
investigation to determine whether or not the company is exercising extra
ordinary diligence in the selection and supervision of its employees. Death
Machine Transit protested but Mr. Rosete stood pat on his decision. Thus,
Death Machine Transit decided to file a civil case for damages against Mr.
Rosete. In their complaint, Death Machine Transit claims that Mr. Rosete acted
in grave abuse of his discretion, and such grave abuse of discretion caused
actual damages in the amount of P1 million pesos a day. In the said case, can
Mr. Rosete invoke the state’s immunity from suit? (10 points)

5. Ms. Balino was a contractor who built a bridge for the Municipality of
Mangungurakot. After the bridge was built however, the Municipality refused
to pay Ms. Balino for her work. If Ms. Balino went to you for advise, what
would you advise her to do? Explain the nature of the action(s) you will
recommend and why that would not be considered susceptible to the defense of
immunity of the state (10 points)

State further how she would be able to collect should she win. (10 points)
6. Mr. Ibera and Ms. Ross got married in the Philippines. At the time of
marriage, they were both Filipino citizens. Ms. Ross however, migrated to the
United States and became a US citizen. Mr. Ibera soon followed her. While in
the US, Ms. Ross got pregnant. They then decided to take a vacation in Japan.
They stayed there for a few months. Ms. Ross gave birth in Japan to a baby
boy. What is the citizenship of the baby boy? (10 points)

7. Ms. Mariano and Ms. Gonzales ran against each other for the position of
Mayor of the City of Mangkakawat. Ms. Mariano however, filed a
disqualification case against Ms. Gonzales on the basis of the fact that Ms.
Gonzales was not a Filipino. Ms. Mariano won the case and Ms. Gonzales was
disqualified. However, by the time the case was settled, the votes for both
candidates have already been counted. Ms. Gonzales won by over one hundred
thousand votes over Ms. Mariano. On the basis of the disqualification of Ms.
Gonzales, Ms. Mariano now claims that she should be proclaimed the new
mayor of the city of Mangkakawat. Is she correct? (10 points)

8. Atty. Pulido was the founder and spiritual leader of the religious group
known as Ang Banal na Butas. The said religion preached the belief that “lahat
ng butas ay banal” (all holes are holey). Thus, part of the religious ritual of the
group, everyone had pierced their ears (among other body parts) and to
maintain the hole in his ear, Atty. Pulido wore an earring. One day, the
Supreme Court issued an Administrative Order prohibiting male lawyers from
wearing earrings in court. Atty. Pulido challenged this administrative order on
the ground of religious freedom. Will he be successful in his challenge? (10
points)

GOOD LUCK!