Republic of the Philippines

Province of Tarlac
Tarlac State University – School of Law
Midterm Quiz in Conflict of Laws
By: Atty. Catherine Rose G. Diaz

General Instructions. Answer the questions legibly, clearly, and concisely.

Your answer should demonstrate your ability to analyze the facts, apply the
pertinent laws and jurisprudence, and arrive at a sound or logical
conclusion. Always support your answer with the pertinent laws, rules,
and/or jurisprudence. A correct and complete answer will merit the
assigned points.

A MERE "YES" OR "NO" ANSWER WITHOUT ANY CORRESPONDING

EXPLANATION OR DISCUSSION WILL NOT BE GIVEN FULL CREDIT. THUS,
ALWAYS BRIEFLY BUT FULLY EXPLAIN YOUR ANSWERS ALTHOUGH THE
QUESTION DOES NOT EXPRESSLY ASK FOR AN EXPLANATION. DO NOT
REWRITE OR REPEAT THE QUESTION ON YOUR NOTEBOOK.

I.

The 1987 Philippine Constitution is a written, conventional, and rigid

Constitution. What is meant by a rigid Constitution?

II.

Different a self-executing provision from a non-self-executing provision of

the Constitution.

III.

In 2013, Republic Act RA No. 10533 (K to 12 Law) was enacted into law.
The K-12 Law sought the expansion of basic education from ten (10) years to
thirteen (13) years, encompassing "at least one (1) year of kindergarten
education, six (6) years of elementary education, and six (6) years of secondary
education x x x. Secondary education includes four (4) years of junior high school
and two (2) years of senior high school education." One of its salient features is
the use of Mother Tounge as a primary medium of instruction from Kindergarten
to Grade 3.

Does the requirement of the use of Mother Tounge as a primary medium

of instruction from Kindergarten to Grade 3 violate Section 6, Article XIV of the
Constitution which requires the use of Filipino as medium of official
communication and as language of instruction in the educational system?

IV.

What is the Doctrine of Constitutional Supremacy?

 V.

On February 15, 2006, Lambino Group, with other groups, commenced

gathering signatures for an initiative petition to change the 1987 Constitution.

The proposed changes are the following: Sections 1-7 of Article VI

(Legislative Department) and Sections 1-4 of Article VII (Executive Department)
and by adding Article XVIII entitled "Transitory Provisions." These proposed
changes will shift the present Bicameral-Presidential system to a Unicameral-
Parliamentary form of government.

The Lambino Group alleged that their petition had the support of
6,327,952 individuals constituting at least twelve per centum (12%) of all
registered voters, with each legislative district represented by at least three per
centum (3%) of its registered voters. The Lambino Group also claimed that
COMELEC election registrars had verified the signatures of the 6.3 million
individuals.

On 25 August 2006, the Lambino Group filed a petition with the

COMELEC to hold a plebiscite that will ratify their initiative petition under
Section 5(b) and (c) and Section 7 of Republic Act No. 6735 or the Initiative and
Referendum Act ("RA 6735").

a. Is the Lambino group’s initiative valid and constitutional?

b. Differentiate amendment from revision.

VI.

The implementation of Republic Act RA No. 9522 “An Act to Define the
Baselines of the Territorial Sea of the Philippines" and the United Nations
Convention on the Law of the Sea (UNCLOS) decreased the Philippine territory.
Is the statement correct?

VII.

With the implementation of Republic Act RA No. 9522 “An Act to Define
the Baselines of the Territorial Sea of the Philippines" and the United Nations
Convention on the Law of the Sea (UNCLOS) the Kalayaan Island Group now lies
outside Philippine territory because the baselines that RA 9522 draws do not
enclose the KIG. Is the statement correct?

VIII.

Differentiate government from administration.

IX.

A de jure Government is one that has no rightful title, but has power or
control, either because this has been withdrawn from it or because it has not yet
actually entered into the exercise thereof.

X.
 If the Philippine revolutionary government is not bound by the Bill of
Rights of the 1973 Constitution during the interregnum, that is, after the actual
and effective take-over of power by the revolutionary government following the
cessation of resistance by loyalist forces up to 24 March 1986 (immediately
before the adoption of the Provisional Constitution), how are the most basic
human rights of the inhabitants of the Philippines protected then?

XI.

Differentiate Act of State Doctrine from Doctrine of Sovereign Immunity.

XII.

The Doctrine of Sovereign Immunity is applicable only to the Philippines

as a State, and not foreign states. Is the statement correct?

XIII.

When the government enters into a contract, it is deemed to have

descended to the level of the other contracting party and divested of its sovereign
immunity from suit with its implied consent. Is the statement correct?

XIV.

May a local chief executive expel prostitutes absent any law authorizing
him to do such?

XV.
Does the holding of a mass at the basement of Hall of Justice of Quezon
City which has been converted into a Roman Catholic Chapel, complete with
equipment and images of Catholic religious icons violative of the separation of
Church and State?